Assembly Bill A6637

2023-2024 Legislative Session

Provides that certain entities may not require a person to provide a copy of his or her criminal history record under certain circumstances

download bill text pdf

Sponsored By

Current Bill Status Via S940 - Delivered to Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A6637 (ACTIVE) - Details

See Senate Version of this Bill:
S940
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L; amd §313, Ed L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7593
2015-2016: A158
2017-2018: A1270, S8689
2019-2020: A5279, S2164
2021-2022: A697, S1793

2023-A6637 (ACTIVE) - Summary

Provides that certain entities may not require a person to provide a copy of his or her criminal history record under certain circumstances.

2023-A6637 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6637
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2023
                                ___________
 
 Introduced  by  M. of A. SEPTIMO, BICHOTTE HERMELYN, COOK, OTIS, WALKER,
   WEPRIN, CRUZ, KELLES, BURDICK, SEAWRIGHT -- Multi-Sponsored by  --  M.
   of  A.  DAVILA, GLICK, PEOPLES-STOKES -- read once and referred to the
   Committee on Correction
 
 AN ACT to amend the executive law and the education law, in relation  to
   prohibiting  mandatory  disclosure  of  a  criminal  history record in
   certain circumstances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  15  of  section 296 of the executive law, as
 amended by chapter 534 of the laws  of  2008,  is  amended  to  read  as
 follows:
   15.  It  shall  be an unlawful discriminatory practice for any person,
 agency, bureau, corporation or association, including the state and  any
 political  subdivision thereof, to deny any license or employment to any
 individual by reason of his or her having been convicted of one or  more
 criminal  offenses,  or  by reason of a finding of a lack of "good moral
 character" which is based upon his or her having been convicted  of  one
 or  more  criminal  offenses,  when  such  denial is in violation of the
 provisions of article twenty-three-A of  the  correction  law.  Further,
 there  shall  be  a  rebuttable  presumption  in favor of excluding from
 evidence the prior incarceration or conviction of any person, in a  case
 alleging  that the employer has been negligent in hiring or retaining an
 applicant or employee, or supervising a hiring manager, if after  learn-
 ing  about  an applicant or employee's past criminal conviction history,
 such employer has evaluated the  factors  set  forth  in  section  seven
 hundred  fifty-two  of  the  correction law, and made a reasonable, good
 faith determination that such factors  militate  in  favor  of  hire  or
 retention  of  that  applicant  or  employee. NO PERSON, AGENCY, BUREAU,
 CORPORATION, ASSOCIATION, THE STATE OR ANY POLITICAL SUBDIVISION  THERE-
 OF, SHALL REQUIRE AN INDIVIDUAL TO PROVIDE A COPY OF HIS OR HER CRIMINAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02489-01-3

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