Bill Text: NY A06103 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires that a person shall be disqualified from receiving a transportation network company permit if he or she is convicted of a sex offense and such disqualification shall last the duration of time for which he or she is required to register as a sex offender.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2020-07-16 - held for consideration in transportation [A06103 Detail]

Download: New_York-2019-A06103-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6103
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 28, 2019
                                       ___________
        Introduced  by  M.  of  A.  DeSTEFANO  --  read once and referred to the
          Committee on Transportation
        AN ACT to amend the vehicle and traffic law,  in  relation  to  criminal
          history background check of transportation network company drivers
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs (b) and (c) of subdivision 2 of section 1699  of
     2  the  vehicle  and traffic law, paragraph (b) as amended by chapter 60 of
     3  the laws of 2017 and paragraph (c) as added by section 2 of part AAA  of
     4  chapter 59 of the laws of 2017, are amended to read as follows:
     5    (b)  An applicant shall be disqualified to receive a TNC driver permit
     6  where he or she:
     7    (i) stands convicted in the last three years of:  unlawful  fleeing  a
     8  police  officer  in  a  motor  vehicle  in violation of sections 270.35,
     9  270.30 or 270.25 of the penal law,  reckless  driving  in  violation  of
    10  section  twelve  hundred twelve of this chapter, operating while license
    11  or privilege is suspended  or  revoked  in  violation  of  section  five
    12  hundred  eleven  of  this  chapter,  excluding subdivision seven of such
    13  section, a misdemeanor offense of operating a motor vehicle while  under
    14  the influence of alcohol or drugs in violation of section eleven hundred
    15  ninety-two  of  this  chapter,  or  leaving  the scene of an accident in
    16  violation of subdivision two of section six hundred of this chapter.  In
    17  calculating the three year period under this subparagraph, any period of
    18  time  during  which  the person was incarcerated after the commission of
    19  such offense shall be excluded and  such  three  year  period  shall  be
    20  extended by a period or periods equal to the time spent incarcerated;
    21    (ii)  stands  convicted  in  the last seven years of: a felony offense
    22  defined in article one hundred twenty-five of the penal law,  a  violent
    23  felony  offense  defined  in  section  70.02 of the penal law, a class A
    24  felony offense defined in the penal law, a  felony  offense  defined  in
    25  section  eleven hundred ninety-two of this chapter, or any conviction of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10136-01-9
        A. 6103                             2
     1  an offense in any other jurisdiction that has all the essential elements
     2  of an offense listed in this subparagraph. In calculating the seven year
     3  period under this subparagraph, any period  of  time  during  which  the
     4  person  was  incarcerated  after the commission of such offense shall be
     5  excluded and such seven year period shall be extended  by  a  period  or
     6  periods equal to the time spent incarcerated; or
     7    (iii)  stands convicted of a sex offense defined in subdivision two of
     8  section one hundred sixty-eight-a of the correction  law  or  any  other
     9  offense  for  which the person is required to register as a sex offender
    10  pursuant to article six-C of the correction law for the duration of time
    11  for which they are required to register as a sex  offender  pursuant  to
    12  such article.
    13    (c) A criminal history record that contains criminal conviction infor-
    14  mation  that  does not disqualify an applicant pursuant to subparagraphs
    15  (i) [or], (ii) or (iii) of paragraph (b) of this subdivision,  shall  be
    16  reviewed   and   considered  according  to  the  provisions  of  article
    17  twenty-three-A of  the  correction  law  and  subdivisions  fifteen  and
    18  sixteen of section two hundred ninety-six of the executive law in deter-
    19  mining  whether  or  not  the  applicant should be issued a TNC driver's
    20  permit.
    21    § 2. Subdivision 1 of section 1696 of the vehicle and traffic  law  is
    22  amended by adding a new paragraph (g) to read as follows:
    23    (g)  Notwithstanding any provision of law to the contrary, the depart-
    24  ment of criminal justice services shall permit a TNC, or a  third  party
    25  on behalf of a TNC, that is subject to the provisions of this section to
    26  access the New York state sex offender registry by electronic means.
    27    §  3.  This  act shall take effect on the ninetieth day after it shall
    28  have become a law. Effective immediately, the addition, amendment and/or
    29  repeal of any rule or regulation necessary  for  the  implementation  of
    30  this  act  on its effective date are authorized to be made and completed
    31  on or before such effective date.