Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding certain licensures and employment

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

                                          7147

                               2025-2026 Regular Sessions

                                  I N  A S S E M B L Y

                                     March 20, 2025
                                       ___________

        Introduced  by  M. of A. WALKER, EPSTEIN, DE LOS SANTOS -- 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:

     1    Section 1. Subdivision 3 of section 750  of  the  correction  law,  as
     2  amended  by  chapter  284  of  the  laws  of 2007, is amended to read as
     3  follows:
     4    (3) "Direct relationship" means that THERE IS A SUBSTANTIAL CONNECTION
     5  BETWEEN the nature of [criminal conduct] THE CRIME for which the  person
     6  was convicted [has a direct bearing on his fitness or ability to perform
     7  one  or  more of] AND the duties or responsibilities necessarily related
     8  to the license, opportunity, or job  in  question  AND  SUCH  CONNECTION
     9  WOULD  CREATE  AN  UNREASONABLE  RISK  TO  PROPERTY  OR TO THE SAFETY OR
    10  WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC UPON THE  ISSUANCE
    11  OR  CONTINUATION OF A LICENSE OR THE GRANTING OR CONTINUATION OF EMPLOY-
    12  MENT OF SUCH PERSON.
    13    § 2.  Section 752 of the correction law, as amended by chapter 284  of
    14  the laws of 2007, is amended to read as follows:
    15    §  752.  Unfair discrimination against persons previously convicted of
    16  one or more criminal  offenses  prohibited.    No  application  for  any
    17  license  or employment, and no employment or license held by an individ-
    18  ual, to which the provisions of this article are  applicable,  shall  be
    19  denied or acted upon adversely by reason of the individual's having been
    20  previously convicted of one or more criminal offenses, or by reason of a
    21  finding  of  lack  of  "good moral character" when such finding is based
    22  upon the fact that the individual has previously been convicted  of  one
    23  or more criminal offenses, unless[:

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03211-01-5
        A. 7147                             2

     1    (1)] there is a direct relationship, AS SUCH TERM IS DEFINED IN SUBDI-
     2  VISION THREE OF SECTION SEVEN HUNDRED FIFTY OF THIS ARTICLE, between one
     3  or  more  of  the previous criminal offenses and the specific license or
     4  employment sought or held by the individual[; or
     5    (2)  the  issuance  or  continuation of the license or the granting or
     6  continuation of the employment would involve  an  unreasonable  risk  to
     7  property  or  to  the  safety  or welfare of specific individuals or the
     8  general public].
     9    § 3. This act shall take effect on the ninetieth day  after  it  shall
    10  have become a law.