S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4589
                              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
       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 OR 170.56 OF THE  CRIMINAL  PROCE-
   15  DURE LAW, or by a youthful offender adjudication, as defined in subdivi-
   16  sion  one  of  section  720.35  of  the  criminal procedure law, or by a
   17  conviction for a violation sealed pursuant  to  section  160.55  of  the
   18  criminal  procedure  law  or by a conviction which is sealed pursuant to
   19  section 160.58 of the criminal procedure law,  in  connection  with  the
   20  licensing,  employment or providing of credit or insurance to such indi-
   21  vidual; provided, further, that no person shall be required  to  divulge
   22  information  pertaining  to  any  arrest  or criminal accusation of such
   23  individual not then pending against that individual which  was  followed
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06021-01-3
       A. 4589                             2
    1  by  a termination of that criminal action or proceeding in favor of such
    2  individual, as defined in subdivision two of section 160.50 of the crim-
    3  inal procedure law, OR BY AN ORDER ADJOURNING  THE  CRIMINAL  ACTION  IN
    4  CONTEMPLATION  OF DISMISSAL, PURSUANT TO SECTION 170.55 OR 170.56 OF THE
    5  CRIMINAL PROCEDURE LAW, or  by  a  youthful  offender  adjudication,  as
    6  defined  in  subdivision one of section 720.35 of the criminal procedure
    7  law, or by a conviction for  a  violation  sealed  pursuant  to  section
    8  160.55 of the criminal procedure law, or by a conviction which is sealed
    9  pursuant to section 160.58 of the criminal procedure law. The provisions
   10  of  this  subdivision  shall  not  apply  to the licensing activities of
   11  governmental bodies in relation to the regulation of guns, firearms  and
   12  other  deadly weapons or in relation to an application for employment as
   13  a police officer or peace officer as those terms are defined in subdivi-
   14  sions thirty-three and thirty-four  of  section  1.20  of  the  criminal
   15  procedure  law; provided further that the provisions of this subdivision
   16  shall not apply to an application for employment or  membership  in  any
   17  law enforcement agency with respect to any arrest or criminal accusation
   18  which  was  followed  by a youthful offender adjudication, as defined in
   19  subdivision one of section 720.35 of the criminal procedure law, or by a
   20  conviction for a violation sealed pursuant  to  section  160.55  of  the
   21  criminal  procedure  law, or by a conviction which is sealed pursuant to
   22  section 160.58 of the criminal procedure law.    FOR  PURPOSES  OF  THIS
   23  SUBDIVISION,  AN  ACTION  WHICH  HAS  BEEN ADJOURNED IN CONTEMPLATION OF
   24  DISMISSAL, PURSUANT TO SECTION 170.55 OR 170.56 OF THE  CRIMINAL  PROCE-
   25  DURE  LAW, SHALL NOT BE CONSIDERED A PENDING ACTION, UNLESS THE CASE HAS
   26  BEEN RESTORED TO THE CALENDAR.
   27    S 2. Subdivision 8 of section 170.55 of the criminal procedure law, as
   28  added by chapter 134 of the laws of 1982 and as  renumbered  by  chapter
   29  683 of the laws of 1990, is amended to read as follows:
   30    8.  The granting of an adjournment in contemplation of dismissal shall
   31  not be deemed to be a conviction or an admission  of  guilt.  No  person
   32  shall  suffer any disability or forfeiture as a result of such an order.
   33  UPON GRANTING THE ORDER OF ADJOURNMENT, THE ACTION SHALL  BE  CONSIDERED
   34  TERMINATED  IN  THE  DEFENDANT'S  FAVOR  FOR THE PURPOSE OF OCCUPATIONAL
   35  LICENSING AS DEFINED BY SUBDIVISION FOUR OF SECTION SEVEN HUNDRED  FIFTY
   36  OF  THE  CORRECTION LAW. Upon the dismissal of the accusatory instrument
   37  pursuant to this section, the arrest and prosecution shall be  deemed  a
   38  nullity and the defendant shall be restored, in contemplation of law, to
   39  the status he OR SHE occupied before his OR HER arrest and prosecution.
   40    S 3. Subdivision 4 of section 170.56 of the criminal procedure law, as
   41  added  by  chapter  1042  of  the  laws  of  1971, is amended to read as
   42  follows:
   43    4.  UPON THE GRANTING OF AN ORDER PURSUANT TO SUBDIVISION TWO OF  THIS
   44  SECTION,  THE  ACTION  SHALL BE CONSIDERED TERMINATED IN THE DEFENDANT'S
   45  FAVOR FOR THE PURPOSE OF OCCUPATIONAL LICENSING AS DEFINED  BY  SUBDIVI-
   46  SION FOUR OF SECTION SEVEN HUNDRED FIFTY OF THE CORRECTION LAW. Upon the
   47  granting of an order pursuant to subdivision three, the arrest and pros-
   48  ecution  shall  be deemed a nullity and the defendant shall be restored,
   49  in contemplation of law, to the status he OR SHE occupied before his  OR
   50  HER arrest and prosecution.
   51    S  4.  This  act shall take effect on the ninetieth day after it shall
   52  have become a law.