NY State Senate Bill 2023-S1278

Senate Bill S1278

2023-2024 Legislative Session

Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding certain licensures and employment

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Current Bill Status - In Senate Committee Rules Committee

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	committed to rules
Mar 21, 2024	advanced to third reading
Mar 20, 2024	2nd report cal.
Mar 19, 2024	1st report cal.677
Jan 03, 2024	referred to crime victims, crime and correction
Jun 10, 2023	committed to rules
May 30, 2023	advanced to third reading
May 24, 2023	2nd report cal.
May 23, 2023	1st report cal.1223
Jan 11, 2023	referred to crime victims, crime and correction

Votes

- Mar 19, 2024 - Crime Victims, Crime And Correction Committee Vote
  S1278
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Mar 19, 2024
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      nay (2)
      
      Gallivan
      
      Rolison
  May 22, 2023 - Crime Victims, Crime And Correction Committee Vote
  S1278
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 22, 2023
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      nay (2)
      
      Gallivan
      
      Rolison

co-Sponsors

2023-S1278 (ACTIVE) - Details

See Assembly Version of this Bill:: A1923
Current Committee:: Senate Rules
Law Section:: Correction Law
Laws Affected:: Amd §§750 & 752, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4368, A8065
2011-2012: S969, A5357
2013-2014: S3357, A4887
2015-2016: S2096, A2734
2017-2018: S3351, A2144
2019-2020: S2196, A7937
2021-2022: S3361, A5213

2023-S1278 (ACTIVE) - Summary

Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding licensures and employment of persons previously convicted of one or more criminal offenses.

2023-S1278 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1278

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the correction law, in relation to the definition of
"direct relationship" for the purposes of article 23-A of the correction
law regarding the licensure and employment of persons previously
convicted of one or more criminal offenses

 
PURPOSE:

This bill will curtail unlawful discriminatory practices against persons
with criminal records and help to ensure that employers abide by the
provisions of Article 23-A of the correction law.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the correction law to revise the definition
of "direct relationship" and to establish that a denial of employment or
a license based on a criminal record, must be based on the connection
between the specific duties or responsibilities of the job or license

and the nature of the criminal conviction. Such connection must create
an unreasonable risk to property or public safety.

Section 2 of the bill makes conforming changes to the corrections Law.

Section 3 of the bill provides that the act shall take effect on the
ninetieth day after it shall have become law.

 
JUSTIFICATION:

Upon return to the community following incarceration, individuals are
expected to find and maintain gainful employment. Finding effective ways
to manage their reentry into the workforce is critical to promoting
public safety and curbing recidivism rates and the high costs of re-in-
carceration. Unfortunately, many employers maintain blanket barriers to
employment based solely on criminal conviction records even when the
conviction may be completely unrelated to the job sought and no threat
to the public or property is present.

Article 23-A of the correction law prohibits discrimination against a
person with a criminal record unless the duties or responsibilities of
the job or license sought are directly related to the conviction.  This
bill will help to ensure that employers abide by the standards of Arti-
cle 23A and do not automatically disqualify applicants based only on a
criminal conviction.

 
LEGISLATIVE HISTORY:

2019-20: S.2196 - Committed to Rules

2021-22: S.3361 - Referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS:

Successful re-entry and re-integration of formerly incarcerated individ-
uals will increase state revenues through the inclusion of thousands of
able-bodied, 'taxpaying citizens' to the state's workforce; additional
savings to the state will be gained from a reduction in costs associated
with recidivism, re-incarceration and social services.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act will take effect on the ninetieth day after it shall have
become law.

2023-S1278 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1278
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced by Sens. BAILEY, SEPULVEDA -- read twice and ordered printed,
   and  when  printed  to be committed to the Committee on Crime Victims,
   Crime and Correction
 
 AN ACT to amend the correction law, in relation  to  the  definition  of
   "direct  relationship"  for  the  purposes  of  article  23-A  of  the
   correction law regarding  the  licensure  and  employment  of  persons
   previously convicted of one or more criminal offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 750  of  the  correction  law,  as
 amended  by  chapter  284  of  the  laws  of 2007, is amended to read as
 follows:
   (3) "Direct relationship" means that THERE IS A SUBSTANTIAL CONNECTION
 BETWEEN the nature of [criminal conduct] THE CRIME for which the  person
 was convicted [has a direct bearing on his fitness or ability to perform
 one  or  more of] AND the duties or responsibilities necessarily related
 to the license, opportunity, or job  in  question  AND  SUCH  CONNECTION
 WOULD  CREATE  AN  UNREASONABLE  RISK  TO  PROPERTY  OR TO THE SAFETY OR
 WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC UPON THE  ISSUANCE
 OR  CONTINUATION OF A LICENSE OR THE GRANTING OR CONTINUATION OF EMPLOY-
 MENT OF SUCH PERSON.
   § 2.  Section 752 of the correction law, as amended by chapter 284  of
 the laws of 2007, is amended to read as follows:
   §  752.  Unfair discrimination against persons previously convicted of
 one or more criminal  offenses  prohibited.    No  application  for  any
 license  or employment, and no employment or license held by an individ-
 ual, to which the provisions of this article are  applicable,  shall  be
 denied or acted upon adversely by reason of the individual's having been
 previously convicted of one or more criminal offenses, or by reason of a
 finding  of  lack  of  "good moral character" when such finding is based
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04407-01-3
 S. 1278                             2

 
 upon the fact that the individual has previously been convicted  of  one
 or more criminal offenses, unless[:
   (1)] there is a direct relationship, AS SUCH TERM IS DEFINED IN SUBDI-
 VISION THREE OF SECTION SEVEN HUNDRED FIFTY OF THIS ARTICLE, between one
 or  more  of  the previous criminal offenses and the specific license or
 employment sought or held by the individual[; or
   (2) the issuance or continuation of the license  or  the  granting  or
 continuation  of  the  employment  would involve an unreasonable risk to
 property or to the safety or welfare  of  specific  individuals  or  the
 general public].
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S1278

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Sponsored By

Jamaal T. Bailey