S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6187
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2019
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the executive law, in relation to removing the  require-
   ment to reveal certain past convictions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 16 of section 296  of  the  executive  law,  as
 amended  by  section 48-a of part WWW of chapter 59 of the laws of 2017,
 is amended to read as follows:
   16. It shall be an unlawful discriminatory  practice,  unless  specif-
 ically required or permitted by statute, for any person, agency, bureau,
 corporation or association, including the state and any political subdi-
 vision thereof, to make any inquiry about, whether in any form of appli-
 cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
 involved, any arrest or criminal accusation of such individual not  then
 pending  against  that individual which was followed by a termination of
 that criminal action or proceeding  in  favor  of  such  individual,  as
 defined  in  subdivision two of section 160.50 of the criminal procedure
 law, or by a youthful offender adjudication, as defined  in  subdivision
 one  of section 720.35 of the criminal procedure law, or by a conviction
 for a violation sealed pursuant to section 160.55 of the criminal proce-
 dure law or by a conviction which is sealed pursuant to  section  160.59
 or  160.58 of the criminal procedure law, in connection with the licens-
 ing, employment or providing of credit or insurance to such  individual;
 provided,  further, that no person shall be required to divulge informa-
 tion pertaining to any arrest or criminal accusation of such  individual
 not  then pending against that individual which was followed by a termi-
 nation of that criminal action or proceeding in favor of  such  individ-
 ual,  as  defined  in  subdivision two of section 160.50 of the criminal
 procedure law, or by a youthful offender  adjudication,  as  defined  in
 subdivision one of section 720.35 of the criminal procedure law, or by a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10299-02-9

 A. 6187                             2
 
 conviction  for  a  violation  sealed  pursuant to section 160.55 of the
 criminal procedure law, or by a conviction which is sealed  pursuant  to
 section  160.58 or 160.59 of the criminal procedure law.  ANY INDIVIDUAL
 WITH A CONVICTION WHICH IS SEALED PURSUANT TO SECTIONS 160.55, 160.58 OR
 160.59 OF THE CRIMINAL PROCEDURE LAW SHALL BE PERMITTED TO ANSWER IN THE
 NEGATIVE  TO  THE  QUESTION  "HAVE YOU EVER BEEN CONVICTED OF A CRIME OR
 VIOLATION?", OR ANY QUESTION WITH  THE  SAME  SUBSTANTIVE  CONTENT.  The
 provisions  of  this subdivision shall not apply to the licensing activ-
 ities of governmental bodies in relation  to  the  regulation  of  guns,
 firearms  and  other deadly weapons or in relation to an application for
 employment as a police officer or  peace  officer  as  those  terms  are
 defined  in subdivisions thirty-three and thirty-four of section 1.20 of
 the criminal procedure law; provided further that the provisions of this
 subdivision shall not apply to an application for employment or  member-
 ship  in any law enforcement agency with respect to any arrest or crimi-
 nal accusation which was followed by a youthful  offender  adjudication,
 as  defined  in subdivision one of section 720.35 of the criminal proce-
 dure law, or by a conviction for a violation sealed pursuant to  section
 160.55 of the criminal procedure law, or by a conviction which is sealed
 pursuant to section 160.58 or 160.59 of the criminal procedure law.
   § 2. This act shall take effect immediately.