S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4589--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2013
                                      ___________
       Introduced  by M. of A. O'DONNELL, AUBRY, CLARK -- Multi-Sponsored by --
         M. of A.  SCARBOROUGH -- read once and referred to  the  Committee  on
         Correction -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN  ACT  to  amend  the executive law and the criminal procedure law, in
         relation to preventing employment discrimination against persons whose
         criminal charges have been adjourned in contemplation of dismissal
         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.  It  shall  be an unlawful discriminatory practice, unless specif-
    5  ically required or permitted by statute, for any person, agency, bureau,
    6  corporation or association, including the state and any political subdi-
    7  vision thereof, to make any inquiry about, whether in any form of appli-
    8  cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
    9  involved,  any arrest or criminal accusation of such individual not then
   10  pending against that individual which was followed by a  termination  of
   11  that  criminal  action  or  proceeding  in  favor of such individual, as
   12  defined in subdivision two of section 160.50 of the  criminal  procedure
   13  law,  OR  BY AN ORDER ADJOURNING THE CRIMINAL ACTION IN CONTEMPLATION OF
   14  DISMISSAL, PURSUANT TO SECTION 170.55, 170.56, 210.46, 210.47, OR 215.10
   15  OF THE CRIMINAL PROCEDURE LAW, or by a youthful  offender  adjudication,
   16  as  defined  in subdivision one of section 720.35 of the criminal proce-
   17  dure law, or by a conviction for a violation sealed pursuant to  section
   18  160.55  of the criminal procedure law or by a conviction which is sealed
   19  pursuant to section 160.58 of the criminal procedure law, in  connection
   20  with  the  licensing,  employment or providing of credit or insurance to
   21  such individual; provided, further, that no person shall be required  to
   22  divulge  information  pertaining to any arrest or criminal accusation of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06021-02-3
       A. 4589--A                          2
    1  such individual not then  pending  against  that  individual  which  was
    2  followed by a termination of that criminal action or proceeding in favor
    3  of  such  individual, as defined in subdivision two of section 160.50 of
    4  the  criminal  procedure  law,  OR  BY  AN ORDER ADJOURNING THE CRIMINAL
    5  ACTION IN CONTEMPLATION OF DISMISSAL,  PURSUANT  TO  SECTION  170.55  OR
    6  170.56  OF THE CRIMINAL PROCEDURE LAW, or by a youthful offender adjudi-
    7  cation, as defined in subdivision one of section 720.35 of the  criminal
    8  procedure  law,  or  by  a conviction for a violation sealed pursuant to
    9  section 160.55 of the criminal procedure law, or by a  conviction  which
   10  is  sealed pursuant to section 160.58 of the criminal procedure law. The
   11  provisions of this subdivision shall not apply to the  licensing  activ-
   12  ities  of  governmental  bodies  in  relation to the regulation of guns,
   13  firearms and other deadly weapons or in relation to an  application  for
   14  employment  as  a  police  officer  or  peace officer as those terms are
   15  defined in subdivisions thirty-three and thirty-four of section 1.20  of
   16  the criminal procedure law; provided further that the provisions of this
   17  subdivision  shall not apply to an application for employment or member-
   18  ship in any law enforcement agency with respect to any arrest or  crimi-
   19  nal  accusation  which was followed by a youthful offender adjudication,
   20  as defined in subdivision one of section 720.35 of the  criminal  proce-
   21  dure  law, or by a conviction for a violation sealed pursuant to section
   22  160.55 of the criminal procedure law, or by a conviction which is sealed
   23  pursuant to section 160.58 of the criminal procedure law.  FOR  PURPOSES
   24  OF THIS SUBDIVISION, AN ACTION WHICH HAS BEEN ADJOURNED IN CONTEMPLATION
   25  OF  DISMISSAL,  PURSUANT  TO  SECTION  170.55  OR 170.56 OF THE CRIMINAL
   26  PROCEDURE LAW, SHALL NOT BE CONSIDERED A PENDING ACTION, UNLESS THE CASE
   27  HAS BEEN RESTORED TO THE CALENDAR.
   28    S 2. Subdivision 8 of section 170.55 of the criminal procedure law, as
   29  added by chapter 134 of the laws of 1982 and as  renumbered  by  chapter
   30  683 of the laws of 1990, is amended to read as follows:
   31    8.  The granting of an adjournment in contemplation of dismissal shall
   32  not be deemed to be a conviction or an admission  of  guilt.  No  person
   33  shall  suffer any disability or forfeiture as a result of such an order.
   34  UPON GRANTING THE ORDER OF ADJOURNMENT, THE ACTION SHALL  BE  CONSIDERED
   35  TERMINATED  IN  THE  DEFENDANT'S  FAVOR FOR THE PURPOSE OF EMPLOYMENT AS
   36  DEFINED BY SUBDIVISION FIVE  OF  SECTION  SEVEN  HUNDRED  FIFTY  OF  THE
   37  CORRECTION  LAW  OR  LICENSE  AS  DEFINED BY SUBDIVISION FOUR OF SECTION
   38  SEVEN HUNDRED FIFTY OF THE CORRECTION LAW. Upon  the  dismissal  of  the
   39  accusatory  instrument  pursuant  to this section, the arrest and prose-
   40  cution shall be deemed a nullity and the defendant shall be restored, in
   41  contemplation of law, to the status he OR SHE occupied before his OR HER
   42  arrest and prosecution.
   43    S 3. Subdivision 4 of section 170.56 of the criminal procedure law, as
   44  added by chapter 1042 of the  laws  of  1971,  is  amended  to  read  as
   45  follows:
   46    4.   UPON THE GRANTING OF AN ORDER PURSUANT TO SUBDIVISION TWO OF THIS
   47  SECTION, THE ACTION SHALL BE CONSIDERED TERMINATED  IN  THE  DEFENDANT'S
   48  FAVOR  FOR  THE  PURPOSE OF EMPLOYMENT AS DEFINED BY SUBDIVISION FIVE OF
   49  SECTION SEVEN HUNDRED FIFTY OF  THE  CORRECTION  LAW  OR  A  LICENSE  AS
   50  DEFINED  BY  SUBDIVISION  FOUR  OF  SECTION  SEVEN  HUNDRED FIFTY OF THE
   51  CORRECTION LAW. Upon the granting of an order  pursuant  to  subdivision
   52  three,  the  arrest  and  prosecution  shall be deemed a nullity and the
   53  defendant shall be restored, in contemplation of law, to the  status  he
   54  OR SHE occupied before his OR HER arrest and prosecution.
   55    S 4. No provision of this act shall be construed to impair or diminish
   56  any  rights an employee or licensee, or an applicant for employment or a
       A. 4589--A                          3
    1  license, may already possess pursuant to section 170.55 or 170.56 of the
    2  criminal procedure law.
    3    S  5.  This  act shall take effect on the ninetieth day after it shall
    4  have become a law.