Assembly Bill A5357

2011-2012 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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Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • 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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2011-A5357 (ACTIVE) - Details

See Senate Version of this Bill:
S969
Law Section:
Correction Law
Laws Affected:
Amd §§750 & 752, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8065, S4368
2013-2014: A4887, S3357
2015-2016: A2734, S2096
2017-2018: A2144, S3351
2019-2020: A7937, S2196
2021-2022: A5213, S3361
2023-2024: A1923, S1278

2011-A5357 (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.

2011-A5357 (ACTIVE) - Bill Text download pdf

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

                                  5357

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            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
              

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