NY State Senate Bill 2023-S3415

Senate Bill S3415

2023-2024 Legislative Session

Relates to prohibiting colleges from asking about an applicant's prior arrests or convictions during the pre-admissions process

download bill text pdf

Current Bill Status - In Senate Committee Higher Education 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
May 06, 2024	reported and committed to higher education
Jan 03, 2024	referred to crime victims, crime and correction
Jan 31, 2023	referred to crime victims, crime and correction

Votes

- May 6, 2024 - Crime Victims, Crime And Correction Committee Vote
  S3415
  
  5
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 6, 2024
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      nay (1)
      
      Gallivan
      
      aye wr (1)
      
      Rolison

2023-S3415 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Correction Law
Laws Affected:: Add Art 23-B §§770 - 776, Cor L; amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6437
2015-2016: S969
2017-2018: S3740
2019-2020: S809
2021-2022: S4068

2023-S3415 (ACTIVE) - Summary

Relates to college admissions for persons previously convicted of one or more criminal offenses.

2023-S3415 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3415

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the correction law and the executive law, in relation to
prohibiting colleges from asking about an applicant's prior arrests or
convictions during the pre-admissions process

 
PURPOSE::

To make the aspirations of Brown v. Board of Education a reality for
people with past criminal justice involvement and to benefit New York
State's economy. This will be accomplished by removing barriers to high-
er education, and those with past criminal justice involvement will be
equipped with the tools necessary to become fully reintegrated into
society, in turn strengthening families and the fabric of New York's
communities.

 
SUMMARY OF PROVISIONS::

Section 1 amends the correction law by adding a new article 23-B which

provides definitions, and legislative intent of this bil.

Section 2 amends section 296 of the executive law by adding a new subdi-
vision 23 which explicitly prohibits colleges from asking about or
considering applicants' past arrests and/or convictions during the
application and admission decision-making process. It will be unlawful
discriminatory practice for colleges to ask about or consider prior
criminal justice involvement during the application and admission deci-
sion-making process.Colleges would not be prevented from asking about or
using information about past criminal justice involvement once an appli-
cant is admitted to make post admission decisions, such as housing and
support services. In making such decisions, colleges are urged to
consider the reentry benefits of allowing students with past criminal
convictions full access to all aspects of college life, as well as the
disparate impact on students of color that will necessarily follow if
decision making is based on criminal histories.

Section 3 provides the effective date.

 
JUSTIFICATION::

Long ago, in the landmark decision Brown v. Board of Education, 347 U.S.
493, the United States Supreme Court recognized the critical role that
education plays in our society and the importance of ensuring that all
people have access to education, stating as follows: "(Education) is
required in the performance of our most basic public responsibilities,
even service in the armed forces. It is the very foundation of good
citizenship. Today it is a principal instrument in awakening the child
to cultural values, in preparing him for later professional training,
and in helping him to adjust normally to his environment." Today it is
doubtful that any child may reasonably be expected to succeed in life if
he is denied the opportunity of an education. Such an opportunity where
the state has undertaken to provide it, is a right which must be made
available to all on equal terms.

This legislation will make the aspirations of Brown v. Board of Educa-
tion a reality for people with past criminal justice involvement.
Furthermore, it is to the benefit of our great state's economy to have
more of its citizens as gainfully employed taxpayers than either re-in-
carcerated, or reliant on public assistance because they are unable to
compete in our demanding economy. By removing barriers to higher educa-
tion, those with past criminal justice involvement will be equipped with
the tools necessary to become fully reintegrated into society, in turn
strengthening families and the fabric of New York's communities.

 
LEGISLATIVE HISTORY::

S4068 of 2021:22: Referred to Crime Victims, Crime and Correction.

S809 of 2019-20: Referred to Crime Victims, Crime and Correction.

S3740 of 2017-18: Referred to Crime Victims, Crime and Correction.

S6437 of 2014: Referred to Crime Victims, Crime and Correction.

 
FISCAL IMPLICATIONS::

To be determined.

 
EFFECTIVE DATE::

Immediately.

2023-S3415 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3415
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 and the executive law, in relation to
   prohibiting colleges from asking about an applicant's prior arrests or
   convictions during the pre-admissions process

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new article  23-B
 to read as follows:
                               ARTICLE 23-B
            COLLEGE ADMISSIONS FOR PERSONS PREVIOUSLY CONVICTED
                     OF ONE OR MORE CRIMINAL OFFENSES
 SECTION 770. DEFINITIONS.
         771. LEGISLATIVE INTENT.
         772. PROHIBITION AGAINST INQUIRIES ABOUT ARRESTS THAT DID NOT
                RESULT IN A CRIMINAL CONVICTION AND CRIMINAL CONVICTIONS
                THAT HAVE BEEN SEALED.
         773. PRE-ACCEPTANCE PROHIBITION AGAINST INQUIRY INTO CRIMINAL
                HISTORY.
         774. POST-ACCEPTANCE INQUIRY ABOUT CRIMINAL HISTORY PERMITTED.
         775. INQUIRIES INTO CRIMINAL HISTORY NOT REQUIRED.
         776.  ENFORCEMENT.
   §  770.  DEFINITIONS.  1. "COLLEGE" SHALL MEAN COLLEGES, UNIVERSITIES,
 PROFESSIONAL AND TECHNICAL SCHOOLS  AND  OTHER  INSTITUTIONS  OF  HIGHER
 EDUCATION  AUTHORIZED  TO  CONFER  DEGREES PURSUANT TO SUBDIVISIONS TWO,
 THREE AND EIGHT OF SECTION TWO OF THE EDUCATION LAW.
   2. "ADMISSIONS DECISION-MAKING PROCESS" SHALL MEAN SUBMISSION  OF  THE
 APPLICATION  AND  ALL  ASPECTS OF THE APPLICATION PROCESS THROUGH ADMIS-
 SION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06203-01-3
 S. 3415                             2

 
   3. "DIRECT RELATIONSHIP" MEANS THAT THERE IS A SUBSTANTIAL  CONNECTION
 BETWEEN  THE  NATURE  OF THE CRIME FOR WHICH THE ACCEPTED INDIVIDUAL WAS
 CONVICTED AND THE ACTIVITY OR ASPECT OF CAMPUS LIFE AT  ISSUE  AND  SUCH
 CONNECTION  WOULD  CREATE AN UNREASONABLE RISK TO THE PROPERTY OR TO THE
 SAFETY  OR  WELFARE  OF SPECIFIC INDIVIDUALS OR THE CAMPUS AS A WHOLE IF
 THE ACCEPTED STUDENT IS PERMITTED TO PARTICIPATE WITH OR WITHOUT  CONDI-
 TIONS.
   §  771. LEGISLATIVE INTENT. COLLEGE EDUCATION PLAYS A CRITICAL ROLE IN
 DEVELOPING GOOD CITIZENSHIP, CREATING ECONOMIC AND SOCIAL OPPORTUNITIES,
 AND ENHANCING PUBLIC SAFETY BY REDUCING THE  RECIDIVISM  OF  INDIVIDUALS
 WITH  A  CRIMINAL  HISTORY RECORD. THEREFORE, IT IS THE PUBLIC POLICY OF
 THIS STATE TO PROMOTE THE ADMISSION TO COLLEGE OF INDIVIDUALS PREVIOUSLY
 CONVICTED OF ONE OR MORE CRIMINAL OFFENSES AND TO ALLOW SUCH INDIVIDUALS
 TO FULLY PARTICIPATE IN ALL ASPECTS OF COLLEGE LIFE.
   § 772. PROHIBITION AGAINST INQUIRIES ABOUT ARRESTS THAT DID NOT RESULT
 IN A CRIMINAL CONVICTION AND CRIMINAL CONVICTIONS THAT HAVE BEEN SEALED.
 AT NO TIME DURING THE  ADMISSION  DECISION-MAKING  PROCESS  OR  WHILE  A
 STUDENT IS ENROLLED SHALL COLLEGES MAKE ANY INQUIRY OR CONSIDER INFORMA-
 TION  ABOUT  ANY  ARREST  OR CRIMINAL ACCUSATION OF AN INDIVIDUAL WHO IS
 APPLYING FOR ADMISSION OR HAS BEEN  ADMITTED  THAT  WAS  FOLLOWED  BY  A
 TERMINATION OF THAT CRIMINAL ACTION OR PROCEEDING IN FAVOR OF SUCH INDI-
 VIDUAL  AS  DEFINED IN SUBDIVISION TWO OF SECTION 160.50 OF THE CRIMINAL
 PROCEDURE LAW AND SECTION 375.1 OF THE FAMILY COURT ACT, OR BY A  YOUTH-
 FUL  OFFENDER  ADJUDICATION  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION
 720.35 OF THE CRIMINAL PROCEDURE LAW, OR BY A JUVENILE DELINQUENCY ADJU-
 DICATION AS DEFINED IN SUBDIVISION ONE OF SECTION 380.1  OF  THE  FAMILY
 COURT  ACT, OR BY A CONVICTION FOR A VIOLATION SEALED OR SEALABLE PURSU-
 ANT TO SECTION 160.55 OF THE CRIMINAL PROCEDURE LAW, OR BY A  CONVICTION
 WHICH  IS  SEALED  PURSUANT  TO SECTION 160.58 OF THE CRIMINAL PROCEDURE
 LAW.
   § 773. PRE-ACCEPTANCE PROHIBITION AGAINST INQUIRY INTO CRIMINAL HISTO-
 RY.  COLLEGES MAY NOT MAKE ANY INQUIRY OR CONSIDER INFORMATION ABOUT  AN
 INDIVIDUAL'S  PAST CRIMINAL CONVICTION OR CONVICTIONS AT ANY TIME DURING
 THE APPLICATION AND ADMISSIONS DECISION-MAKING PROCESS.
   § 774. POST-ACCEPTANCE INQUIRY ABOUT CRIMINAL  HISTORY  PERMITTED.  1.
 AFTER  AN  INDIVIDUAL  HAS BEEN ADMITTED AS A STUDENT, COLLEGES MAY MAKE
 INQUIRIES ABOUT AND CONSIDER INFORMATION  ABOUT  THE  INDIVIDUAL'S  PAST
 CRIMINAL CONVICTION HISTORY FOR THE PURPOSE OF OFFERING SUPPORTIVE COUN-
 SELING AND SERVICES.
   2.  COLLEGES  MAY  ALSO  MAKE INQUIRIES ABOUT AND CONSIDER INFORMATION
 ABOUT THE INDIVIDUAL'S PAST CRIMINAL CONVICTION HISTORY FOR THE  PURPOSE
 OF  MAKING  DECISIONS  ABOUT  PARTICIPATION IN ACTIVITIES AND ASPECTS OF
 CAMPUS LIFE ASSOCIATED  WITH  THE  INDIVIDUAL'S  STATUS  AS  A  STUDENT,
 INCLUDING  BUT  NOT  LIMITED  TO  HOUSING.  IN MAKING SUCH INQUIRIES AND
 CONSIDERING SUCH INFORMATION:
   (A) COLLEGES SHALL NOT USE INFORMATION ABOUT AN ADMITTED  INDIVIDUAL'S
 CRIMINAL CONVICTION HISTORY TO RESCIND AN OFFER OF ADMISSION.
   (B)  COLLEGES  SHALL  NOT ESTABLISH OUTRIGHT BARS TO ANY ACTIVITIES OR
 PARTICIPATION IN ASPECTS OF CAMPUS LIFE BASED ON  AN  ADMITTED  INDIVID-
 UAL'S  CRIMINAL  CONVICTION  HISTORY.  INSTEAD, COLLEGES MUST DEVELOP AN
 INDIVIDUALIZED PROCESS FOR DETERMINING WHETHER OR NOT THERE IS A  DIRECT
 RELATIONSHIP  BETWEEN  THE  ACCEPTED  INDIVIDUAL'S  CRIMINAL  CONVICTION
 HISTORY AND THE ACTIVITY OR ASPECT OF CAMPUS LIFE AT ISSUE.  THIS  INDI-
 VIDUALIZED PROCESS MUST BE SET FORTH IN WRITING AND MUST INCLUDE CONSID-
 ERATION OF:
 S. 3415                             3
 
   (I)  THE  AGE OF THE INDIVIDUAL AT THE TIME OF THE BEHAVIOR UNDERLYING
 THE CRIMINAL CONVICTION OR CONVICTIONS;
   (II) THE TIME THAT HAS ELAPSED SINCE THE BEHAVIOR UNDERLYING THE CRIM-
 INAL CONVICTION OR CONVICTIONS;
   (III) THE NATURE OF THE CONVICTION OR CONVICTIONS AND WHETHER IT BEARS
 A  DIRECT  RELATIONSHIP  TO  THE ACTIVITY OR PARTICIPATION IN ASPECTS OF
 CAMPUS LIFE AT ISSUE; AND
   (IV) ANY EVIDENCE OF REHABILITATION OR GOOD CONDUCT  PRODUCED  BY  THE
 ACCEPTED INDIVIDUAL.
   (C) THIS INDIVIDUALIZED PROCESS MUST FURTHER PROVIDE AN ACCEPTED INDI-
 VIDUAL  AN  OPPORTUNITY  TO APPEAL ANY DENIAL OR LIMITATION OF ACCESS TO
 ANY ACTIVITY OR ASPECT OF CAMPUS LIFE.   COLLEGES  MUST  FURTHER  INFORM
 ACCEPTED  INDIVIDUALS  OF THIS PROCESS IN WRITING, INCLUDING THEIR RIGHT
 TO PROVIDE EVIDENCE OF REHABILITATION AND GOOD CONDUCT AND  THEIR  RIGHT
 TO APPEAL.
   § 775. INQUIRIES INTO CRIMINAL HISTORY NOT REQUIRED. THIS ARTICLE DOES
 NOT  REQUIRE COLLEGES TO MAKE INQUIRIES INTO OR CONSIDER AN INDIVIDUAL'S
 CRIMINAL CONVICTION HISTORY FOR ANY REASON. IF COLLEGES ELECT TO  DO  SO
 FOR THE PURPOSE OF DETERMINING IF THERE IS A DIRECT RELATIONSHIP BETWEEN
 THE  ACCEPTED  INDIVIDUAL'S  CONVICTION OR CONVICTIONS AND ACTIVITIES OR
 PARTICIPATION IN ASPECTS OF CAMPUS  LIFE,  COLLEGES  MUST  CONSIDER  THE
 STATE'S POLICY TO PROMOTE THE ADMISSION TO COLLEGE OF INDIVIDUALS PREVI-
 OUSLY  CONVICTED  OF  ONE OR MORE CRIMINAL OFFENSES AND OF ALLOWING SUCH
 INDIVIDUALS FULL ACCESS TO ALL ASPECTS OF COLLEGE LIFE.
   § 776. ENFORCEMENT. FAILURE TO COMPLY WITH THIS SECTION  SHALL  BE  AN
 UNLAWFUL  DISCRIMINATORY PRACTICE AS DEFINED IN SUBDIVISION TWENTY-THREE
 OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW.
   § 2. Section 296 of the executive law  is  amended  by  adding  a  new
 subdivision 23 to read as follows:
   23.  IT  SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY COLLEGE,
 AS DEFINED IN SUBDIVISION ONE OF SECTION SEVEN HUNDRED  SEVENTY  OF  THE
 CORRECTION  LAW,  TO MAKE ANY INQUIRY INTO OR CONSIDER INFORMATION ABOUT
 AN INDIVIDUAL'S PAST ARREST OR CONVICTION HISTORY AT ANY TIME DURING THE
 APPLICATION AND ADMISSIONS DECISION-MAKING  PROCESS  OR  TO  RESCIND  AN
 OFFER  OF  ADMISSION BASED UPON INFORMATION ABOUT AN INDIVIDUAL'S ARREST
 OR CONVICTION THAT OCCURRED PRIOR TO ADMISSION.
   § 3. This act shall take effect immediately.

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