S T A T E O F N E W Y O R K
________________________________________________________________________
7740
2013-2014 Regular Sessions
I N A S S E M B L Y
June 3, 2013
___________
Introduced by M. of A. ROZIC -- read once and referred to the Committee
on Governmental Operations
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:
1 Section 1. Subdivision 16 of section 296 of the executive law, as
2 separately amended by section 3 of part N and section 14 of part AAA of
3 chapter 56 of the laws of 2009, is amended to read as follows:
4 16. (A) It shall be an unlawful discriminatory practice, unless
5 specifically required or permitted by statute, for any person, agency,
6 bureau, corporation or association, including the state and any poli-
7 tical subdivision thereof, OR ANY ENTITY SET FORTH IN PARAGRAPH (A) OF
8 SUBDIVISION FIVE OF THIS SECTION, OR ANY INSTITUTION OF HIGHER EDUCATION
9 AS DEFINED IN SECTION 50.1 OF TITLE 8 OF THE COMPILATION OF CODES, RULES
10 AND REGULATIONS OF NEW YORK;
11 (I) to make any inquiry about, whether in any form of application or
12 otherwise, or to act upon adversely to the individual involved, any
13 arrest or criminal accusation of such individual not then pending
14 against that individual which was followed by a termination of that
15 criminal action or proceeding in favor of such individual, as defined in
16 subdivision two of section 160.50 of the criminal procedure law AND
17 SECTION 375.1 OF THE FAMILY COURT ACT, or by a youthful offender adjudi-
18 cation, as defined in subdivision one of section 720.35 of the criminal
19 procedure law, OR BY A JUVENILE DELINQUENCY ADJUDICATION AS DEFINED IN
20 SUBDIVISION ONE OF SECTION 380.1 OF THE FAMILY COURT ACT, or by a
21 conviction for a violation sealed OR SEALABLE pursuant to section 160.55
22 of the criminal procedure law, or by a conviction which is sealed pursu-
23 ant to section 160.58 of the criminal procedure law[,];
24 (II) in connection with the FOLLOWING MATTERS: THE licensing[,] OR
25 employment [or] OF SUCH INDIVIDUAL; THE SELLING, RENTING, OR LEASING OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11259-01-3
A. 7740 2
1 HOUSING TO SUCH INDIVIDUAL, OR HIS OR HER TENANCY OR OCCUPANCY; THE
2 ADMISSION OF SUCH INDIVIDUAL TO ANY COLLEGE, UNIVERSITY, OR OTHER INSTI-
3 TUTION OF HIGHER EDUCATION; THE CONSIDERATION OF SUCH INDIVIDUAL FOR A
4 VOLUNTEER POSITION, APPRENTICESHIP, INTERNSHIP OR EXTERNSHIP WHETHER
5 PAID OR UNPAID; AND THE providing of credit, A MORTGAGE or insurance to
6 such individual; [provided]
7 (B) PROVIDED, further, THAT IN CONNECTION WITH ANY OF THE MATTERS
8 LISTED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION that no
9 person shall be required to divulge information pertaining to any arrest
10 or criminal accusation of such individual not then pending against that
11 individual which was followed by a termination of that criminal action
12 or proceeding in favor of such individual, as defined in subdivision two
13 of section 160.50 of the criminal procedure law AND SECTION 375.1 OF THE
14 FAMILY COURT ACT, or by a youthful offender adjudication, as defined in
15 subdivision one of section 720.35 of the criminal procedure law, OR BY A
16 JUVENILE DELINQUENCY ADJUDICATION AS DEFINED IN SUBDIVISION ONE OF
17 SECTION 380.1 OF THE FAMILY COURT ACT, or by a conviction for a
18 violation sealed OR SEALABLE pursuant to section 160.55 of the criminal
19 procedure law, or by a conviction which is sealed pursuant to section
20 160.58 of the criminal procedure law. IN THE EVENT THAT AN ENTITY LISTED
21 IN PARAGRAPH (A) OF THIS SUBDIVISION MAKES A PROHIBITED INQUIRY, THE
22 AFFECTED PERSON SHALL BE PERMITTED TO RESPOND IN THE NEGATIVE.
23 (C) The provisions of this subdivision shall not apply to the licens-
24 ing activities of governmental bodies in relation to the regulation of
25 guns, firearms and other deadly weapons or in relation to an application
26 for employment as a police officer or peace officer as those terms are
27 defined in subdivisions thirty-three and thirty-four of section 1.20 of
28 the criminal procedure law; provided further that the provisions of this
29 subdivision shall not apply to an application for employment or member-
30 ship in any law enforcement agency with respect to any arrest or crimi-
31 nal accusation which was followed by a youthful offender adjudication,
32 as defined in subdivision one of section 720.35 of the criminal proce-
33 dure law, or by a conviction for a violation sealed pursuant to section
34 160.55 of the criminal procedure law, or by a conviction which is sealed
35 pursuant to section 160.58 of the criminal procedure law.
36 S 2. This act shall take effect on the ninetieth day after it shall
37 have become a law.