New York S 3795: Relates to prohibiting colleges from asking about an applicant's prior arrests or convictions during the pre-admissions process

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S03795 Summary:

BILL NOS03795 

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SAME ASNo Same As

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SPONSORMYRIE

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COSPNSR

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MLTSPNSR

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Add Art 23-B §§770 - 776, Cor L; amd §296, Exec L

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Relates to college admissions for persons previously convicted of one or more criminal offenses.

Go to top S03795 Actions:

BILL NOS03795 

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01/30/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

03/25/2025REPORTED AND COMMITTED TO HIGHER EDUCATION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

03/17/2026REPORTED AND COMMITTED TO HIGHER EDUCATION

Go to topS03795 Committee&nbspVotes:

Go to topS03795 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03795 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3795

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. MYRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Crime Victims, Crime and
 Correction

 AN ACT to amend the correction law and the executive law, in relation to
 prohibiting colleges from asking about an applicant's prior arrests or
 convictions during the pre-admissions process

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The correction law is amended by adding a new article 23-B
 2 to read as follows:
 3 ARTICLE 23-B
 4 COLLEGE ADMISSIONS FOR PERSONS PREVIOUSLY CONVICTED
 5 OF ONE OR MORE CRIMINAL OFFENSES
 6 Section 770. Definitions.
 7 771. Legislative intent.
 8 772. Prohibition against inquiries about arrests that did not
 9 result in a criminal conviction and criminal convictions
 10 that have been sealed.
 11 773. Pre-acceptance prohibition against inquiry into criminal
 12 history.
 13 774. Post-acceptance inquiry about criminal history permitted.
 14 775. Inquiries into criminal history not required.
 15 776. Enforcement.
 16 § 770. Definitions. 1. "College" shall mean colleges, universities,
 17 professional and technical schools and other institutions of higher
 18 education authorized to confer degrees pursuant to subdivisions two,
 19 three and eight of section two of the education law.
 20 2. "Admissions decision-making process" shall mean submission of the
 21 application and all aspects of the application process through admis-
 22 sion.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08342-01-5

 S. 3795 2

 1 3. "Direct relationship" means that there is a substantial connection
 2 between the nature of the crime for which the accepted individual was
 3 convicted and the activity or aspect of campus life at issue and such
 4 connection would create an unreasonable risk to the property or to the
 5 safety or welfare of specific individuals or the campus as a whole if
 6 the accepted student is permitted to participate with or without condi-
 7 tions.
 8 § 771. Legislative intent. College education plays a critical role in
 9 developing good citizenship, creating economic and social opportunities,
 10 and enhancing public safety by reducing the recidivism of individuals
 11 with a criminal history record. Therefore, it is the public policy of
 12 this state to promote the admission to college of individuals previously
 13 convicted of one or more criminal offenses and to allow such individuals
 14 to fully participate in all aspects of college life.
 15 § 772. Prohibition against inquiries about arrests that did not result
 16 in a criminal conviction and criminal convictions that have been sealed.
 17 At no time during the admission decision-making process or while a
 18 student is enrolled shall colleges make any inquiry or consider informa-
 19 tion about any arrest or criminal accusation of an individual who is
 20 applying for admission or has been admitted that was followed by a
 21 termination of that criminal action or proceeding in favor of such indi-
 22 vidual as defined in subdivision two of section 160.50 of the criminal
 23 procedure law and section 375.1 of the family court act, or by a youth-
 24 ful offender adjudication as defined in subdivision one of section
 25 720.35 of the criminal procedure law, or by a juvenile delinquency adju-
 26 dication as de