S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   259

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A. ROZIC, ROBERTS, RIVERA, SCARBOROUGH -- Multi-
  Sponsored by -- M. of A.  ARROYO, BRENNAN, GOTTFRIED,  PERRY  --  read
  once and referred to the Committee on Correction

AN  ACT  to  amend  the  executive  law,  in  relation  to expanding the
  protections to housing, higher education, and volunteer activity

  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
separately amended by section 3 of part N and section 14 of part AAA  of
chapter 56 of the laws of 2009, is amended to read as follows:
  16.  (A)  It  shall  be  an  unlawful  discriminatory practice, unless
specifically required or permitted by statute, for any  person,  agency,
bureau,  corporation  or  association, including the state and any poli-
tical subdivision thereof, OR ANY ENTITY SET FORTH IN PARAGRAPH  (A)  OF
SUBDIVISION FIVE OF THIS SECTION, OR ANY INSTITUTION OF HIGHER EDUCATION
AS DEFINED IN SECTION 50.1 OF TITLE 8 OF THE COMPILATION OF CODES, RULES
AND REGULATIONS OF NEW YORK;
  (I)  to  make any inquiry about, whether in any form of application 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 AND
SECTION 375.1 OF THE FAMILY COURT ACT, or by a youthful offender adjudi-
cation, as defined in subdivision one of section 720.35 of the  criminal
procedure  law,  OR BY A JUVENILE DELINQUENCY ADJUDICATION AS DEFINED IN
SUBDIVISION ONE OF SECTION 380.1 OF  THE  FAMILY  COURT  ACT,  or  by  a
conviction for a violation sealed OR SEALABLE pursuant to section 160.55
of the criminal procedure law, or by a conviction which is sealed pursu-
ant to section 160.58 of the criminal procedure law[,];

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01736-01-5

A. 259                              2

  (II)  in  connection  with the FOLLOWING MATTERS:  THE licensing[,] OR
employment [or] OF SUCH INDIVIDUAL; THE SELLING, RENTING, OR LEASING  OF
HOUSING  TO  SUCH  INDIVIDUAL,  OR  HIS OR HER TENANCY OR OCCUPANCY; THE
ADMISSION OF SUCH INDIVIDUAL TO ANY COLLEGE, UNIVERSITY, OR OTHER INSTI-
TUTION  OF  HIGHER EDUCATION; THE CONSIDERATION OF SUCH INDIVIDUAL FOR A
VOLUNTEER POSITION, APPRENTICESHIP,  INTERNSHIP  OR  EXTERNSHIP  WHETHER
PAID  OR UNPAID; AND THE providing of credit, A MORTGAGE or insurance to
such individual; [provided]
  (B) PROVIDED, further, THAT IN CONNECTION  WITH  ANY  OF  THE  MATTERS
LISTED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION that no
person shall be required to divulge information pertaining to 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 AND SECTION 375.1 OF THE
FAMILY  COURT ACT, or by a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, OR BY A
JUVENILE DELINQUENCY ADJUDICATION  AS  DEFINED  IN  SUBDIVISION  ONE  OF
SECTION  380.1  OF  THE  FAMILY  COURT  ACT,  or  by  a conviction for a
violation sealed OR SEALABLE pursuant 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. IN THE EVENT THAT AN ENTITY LISTED
IN PARAGRAPH (A) OF THIS SUBDIVISION MAKES  A  PROHIBITED  INQUIRY,  THE
AFFECTED PERSON SHALL BE PERMITTED TO RESPOND IN THE NEGATIVE.
  (C)  The provisions of this subdivision shall not apply to the licens-
ing activities 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 of the criminal procedure law.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.