STATE OF NEW YORK ________________________________________________________________________ 5641 2017-2018 Regular Sessions IN SENATE April 24, 2017 ___________ Introduced by Sens. CROCI, SERINO -- read twice and ordered printed, and when printed to be committed 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, as added by section 2 of part AAA of chap- 3 ter 59 of the laws of 2017, are amended to read as follows: 4 (b) An applicant shall be disqualified to receive a TNC driver permit 5 where he or she: 6 (i) stands convicted in the last three years of: unlawful fleeing a 7 police officer in a motor vehicle in violation of sections 270.35, 8 270.30 or 270.25 of the penal law, reckless driving in violation of 9 section twelve hundred twelve of this chapter, operating while license 10 or privilege is suspended or revoked in violation of section five 11 hundred eleven of this chapter, excluding subdivision seven of such 12 section, a misdemeanor offense of operating a motor vehicle while under 13 the influence of alcohol or drugs in violation of section eleven hundred 14 ninety-two of this chapter, or leaving the scene of an accident in 15 violation of subdivision two of section six hundred of this chapter. In 16 calculating the three year period under this subparagraph, any period of 17 time during which the person was incarcerated after the commission of 18 such offense shall be excluded and such three year period shall be 19 extended by a period or periods equal to the time spent incarcerated; 20 [or] 21 (ii) stands convicted in the last seven years of: [a sex offense 22 defined in subdivision two of section one hundred sixty-eight-a of the 23 correction law,] a felony offense defined in article one hundred twen- 24 ty-five of the penal law, a violent felony offense defined in section 25 70.02 of the penal law, a class A felony offense defined in the penal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11130-02-7

S. 5641 2 1 law, a felony offense defined in section eleven hundred ninety-two of 2 this chapter, [an offense for which registration as a sex offender is 3 required pursuant to article six-C of the correction law,] or any 4 conviction of an offense in any other jurisdiction that has all the 5 essential elements of an offense listed in this subparagraph. In calcu- 6 lating the seven year period under this subparagraph, any period of time 7 during which the person was incarcerated after the commission of such 8 offense shall be excluded and such seven year period shall be extended 9 by a period or periods equal to the time spent incarcerated; or 10 (iii) stands convicted of a sex offense defined in subdivision two of 11 section one hundred sixty-eight-a of the correction law or any other 12 offense for which registration as a sex offender is required pursuant to 13 article six-C of the correction law for the duration of time for which 14 they are required to register as a sex offender pursuant to article 15 six-C of the correction law. 16 (c) A criminal history record that contains criminal conviction infor- 17 mation that does not disqualify an applicant pursuant to subparagraphs 18 (i) [or], (ii) or (iii) of paragraph (b) of this subdivision, shall be 19 reviewed and considered according to the provisions of article twenty- 20 three-A of the correction law and subdivisions fifteen and sixteen of 21 section two hundred ninety-six of the executive law in determining 22 whether or not the applicant should be issued a TNC driver's permit. 23 § 2. This act shall take effect on the same date and in the same 24 manner as section 2 of part AAA of chapter 59 of the laws of 2017, takes 25 effect.