§ 1699 — Criminal history background check of transportation network company drivers

§ 1699. Criminal history background check of transportation network\ncompany drivers. 1. A TNC shall conduct, or have a third party conduct,\na criminal history background check using a lawful method approved by\nthe department pursuant to paragraph (a) of subdivision two of this\nsection for persons applying to drive for such company.\n 2. (a) The method used to conduct a criminal history background check\npursuant to subdivision one of this section shall be established in\nregulations adopted by the department within thirty days of the\neffective date of this subdivision. To ensure safety of the passengers\nand the public such regulations shall establish the method used to\nconduct such background checks and any processes and operations\nnecessary to complete such checks. The review of criminal history\ninformation and determinations about whether or not an applicant is\nissued a TNC driver permit shall be controlled by paragraphs (b), (c)\nand (d) of this subdivision.\n (b) An applicant shall be disqualified to receive a TNC driver permit\nwhere he or she:\n (i) stands convicted in the last three years of: unlawful fleeing a\npolice officer in a motor vehicle in violation of sections 270.35,\n270.30 or 270.25 of the penal law, reckless driving in violation of\nsection twelve hundred twelve of this chapter, operating while license\nor privilege is suspended or revoked in violation of section five\nhundred eleven of this chapter, excluding subdivision seven of such\nsection, a misdemeanor offense of operating a motor vehicle while under\nthe influence of alcohol or drugs in violation of section eleven hundred\nninety-two of this chapter, or leaving the scene of an accident in\nviolation of subdivision two of section six hundred of this chapter. In\ncalculating the three year period under this subparagraph, any period of\ntime during which the person was incarcerated after the commission of\nsuch offense shall be excluded and such three year period shall be\nextended by a period or periods equal to the time spent incarcerated;\n (ii) stands convicted in the last seven years of: a felony offense\ndefined in article one hundred twenty-five of the penal law, a violent\nfelony offense defined in section 70.02 of the penal law, a class A\nfelony offense defined in the penal law, a felony offense defined in\nsection eleven hundred ninety-two of this chapter, or any conviction of\nan offense in any other jurisdiction that has all the essential elements\nof an offense listed in this subparagraph. In calculating the seven year\nperiod under this subparagraph, any period of time during which the\nperson was incarcerated after the commission of such offense shall be\nexcluded and such seven year period shall be extended by a period or\nperiods equal to the time spent incarcerated; or\n (iii) is required to register as a sex offender pursuant to article\nsix-C of the correction law.\n (c) A criminal history record that contains criminal conviction\ninformation that does not disqualify an applicant pursuant to\nsubparagraphs (i) or (ii) of paragraph (b) of this subdivision, shall be\nreviewed and considered according to the provisions of article\ntwenty-three-A of the correction law and subdivisions fifteen and\nsixteen of section two hundred ninety-six of the executive law in\ndetermining whether or not the applicant should be issued a TNC driver's\npermit.\n (d) Upon receipt of criminal conviction information pursuant to this\nsection for any applicant, such applicant shall promptly be provided\nwith a copy of such information as well as a copy of article\ntwenty-three-A of the correction law. Such applicant shall also be\ninformed of his or her right to seek correction of any incorrect\ninformation contained in such criminal history information pursuant to\nthe regulations and procedures established by the division of criminal\njustice services.\n (e) The department shall promulgate regulations for the purpose of\nimplementing the provisions of this subdivision.\n 3. A TNC shall update the criminal history background check yearly\nduring the period in which the person is authorized to drive for the\ncompany, however, the commissioner may require, pursuant to regulation,\nmore frequent criminal history background checks.\n 4. To ensure safety of the passengers and the public a TNC shall be\nresponsible for all fees associated with the criminal history check\npursuant to subdivision one of this section.\n 5. Any TNC found to have violated any requirements established\npursuant to this section, shall on the first instance, be subject to a\ncivil penalty of not more than ten thousand dollars. For any subsequent\ninstance within the period of two years from any initial violation, such\nTNC shall be subject to a civil penalty of not more than fifty thousand\ndollars, or the suspension or revocation of its TNC license or both.\n