S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3893
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DeSTEFANO,  B. MILLER, McDONOUGH, MORINELLO,
   SALKA, REILLY -- read once and referred to the Committee on  Transpor-
   tation
 
 AN  ACT  to  amend  the vehicle and traffic law, in relation to criminal
   history background check of transportation network company drivers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraphs (b) and (c) of subdivision 2 of section 1699 of
 the vehicle and traffic law, paragraph (b) as amended by chapter  60  of
 the  laws of 2017 and paragraph (c) as added by section 2 of part AAA of
 chapter 59 of the laws of 2017, are amended to read as follows:
   (b) An applicant shall be disqualified to receive a TNC driver  permit
 where he or she:
   (i)  stands  convicted  in the last three years of: unlawful fleeing a
 police officer in a motor  vehicle  in  violation  of  sections  270.35,
 270.30  or  270.25  of  the  penal law, reckless driving in violation of
 section twelve hundred twelve of this chapter, operating  while  license
 or  privilege  is  suspended  or  revoked  in  violation of section five
 hundred eleven of this chapter,  excluding  subdivision  seven  of  such
 section,  a misdemeanor offense of operating a motor vehicle while under
 the influence of alcohol or drugs in violation of section eleven hundred
 ninety-two of this chapter, or leaving  the  scene  of  an  accident  in
 violation  of subdivision two of section six hundred of this chapter. In
 calculating the three year period under this subparagraph, any period of
 time during which the person was incarcerated after  the  commission  of
 such  offense  shall  be  excluded  and  such three year period shall be
 extended by a period or periods equal to the time spent incarcerated;
   (ii) stands convicted in the last seven years  of:  a  felony  offense
 defined  in  article one hundred twenty-five of the penal law, a violent
 felony offense defined in section 70.02 of the  penal  law,  a  class  A
 felony  offense  defined  in  the penal law, a felony offense defined in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08100-01-1

 A. 3893                             2
 
 section eleven hundred ninety-two of this chapter, or any conviction  of
 an offense in any other jurisdiction that has all the essential elements
 of an offense listed in this subparagraph. In calculating the seven year
 period  under  this  subparagraph,  any  period of time during which the
 person was incarcerated after the commission of such  offense  shall  be
 excluded  and  such  seven  year period shall be extended by a period or
 periods equal to the time spent incarcerated; or
   (iii) STANDS CONVICTED OF A SEX OFFENSE DEFINED IN SUBDIVISION TWO  OF
 SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF THE CORRECTION LAW OR ANY OTHER
 OFFENSE FOR WHICH THE PERSON is required to register as a  sex  offender
 pursuant to article six-C of the correction law FOR THE DURATION OF TIME
 FOR  WHICH  THEY  ARE REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT TO
 SUCH ARTICLE.
   (c) A criminal history record that contains criminal conviction infor-
 mation that does not disqualify an applicant pursuant  to  subparagraphs
 (i)  [or],  (ii) OR (III) of paragraph (b) of this subdivision, shall be
 reviewed  and  considered  according  to  the  provisions   of   article
 twenty-three-A  of  the  correction  law  and  subdivisions  fifteen and
 sixteen of section two hundred ninety-six of the executive law in deter-
 mining whether or not the applicant should  be  issued  a  TNC  driver's
 permit.
   §  2.  Subdivision 1 of section 1696 of the vehicle and traffic law is
 amended by adding a new paragraph (g) to read as follows:
   (G) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE  DEPART-
 MENT  OF  CRIMINAL JUSTICE SERVICES SHALL PERMIT A TNC, OR A THIRD PARTY
 ON BEHALF OF A TNC, THAT IS SUBJECT TO THE PROVISIONS OF THIS SECTION TO
 ACCESS THE NEW YORK STATE SEX OFFENDER REGISTRY BY ELECTRONIC MEANS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.