A5357-2011 Actions

• Feb 2, 2012: advanced to third reading cal.325
• Jan 31, 2012: reported
• Jan 4, 2012: referred to correction
• May 19, 2011: advanced to third reading cal.389
• May 17, 2011: reported
• Feb 16, 2011: referred to correction

A5357-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5357
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 16, 2011
 
 Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. HEVESI -
 read once and referred to the Committee on 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.
 

S  2. 

Section 752 of the correction law, as amended by chapter 284 of
 the laws of 2007, is amended to read as follows:

 

S 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
 upon  the  fact that the individual has previously been convicted of one
 or more criminal offenses, unless[:
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04690-01-1
 
       A. 5357                             2
 (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].
 

S 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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