Georgia 2025-2026 Regular Session

Georgia House Bill HB650 Compare Versions

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11 25 LC 55 0417
22 House Bill 650
33 By: Representatives Bell of the 75
44 th
55 , Gilliard of the 162
66 nd
77 , Paris of the 142
88 nd
99 , Jones of the 60
1010 th
1111 ,
1212 Westbrook of the 163
1313 rd
1414 , and others
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Titles 15, 43, 44, and 45 of the Official Code of Georgia Annotated, relating to
1818 1
1919 courts, professions and businesses, property, and public officers and employees, respectively,2
2020 so as to restore certain rights of individuals with criminal histories; to repeal the prohibition3
2121 on felons serving on juries; to repeal the prohibition on felons serving on grand juries; to4
2222 provide exceptions; to revise the grounds for the refusal to grant and revocation of5
2323 professional licenses; to revise the grounds for the revocation or suspension of an auctioneer6
2424 license; to revise the grounds for the suspension, revocation, or cancellation of a license or7
2525 certificate of electrical contractors, plumbers, conditioned air contractors, low-voltage8
2626 contractors, and utility contractors; to prohibit persons from refusing to lease residential9
2727 dwellings to individuals based on such individuals' criminal histories; to revise the grounds10
2828 for the denial of a notary public application; to provide for conforming changes; to provide11
2929 an effective date; to provide a short title; to provide for related matters; to repeal conflicting12
3030 laws; and for other purposes.13
3131 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
3232 H. B. 650
3333 - 1 - 25 LC 55 0417
3434 PART I
3535 15
3636 SECTION 1-1.16
3737 This Act shall be known and may be cited as the "Presidential Felon Freedom Act."17
3838 PART II18
3939 SECTION 2-1.19
4040 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising20
4141 Code Section 15-12-40, relating to ineligibility to serve as a trial juror, as follows:21
4242 "15-12-40.22
4343 Any person who has been convicted of a felony in a state or federal court who has not had
4444 23
4545 his or her civil rights restored and any person who has been judicially determined to be24
4646 mentally incompetent shall not be eligible to serve as a trial juror."25
4747 SECTION 2-2.26
4848 Said title is further amended in Code Section 15-12-40.1, relating to state-wide master jury27
4949 list, driver's license information, list of registered voters, and random list of persons to28
5050 comprise venire, by revising subsections (b), (f), and (g) as follows:29
5151 "(b) On and after July 1, 2017, upon the council's request, the Department of Driver30
5252 Services shall provide the council data showing the full name of all persons who are at31
5353 least 18 years of age and residents of this state who have been issued a driver's license or32
5454 personal identification card pursuant to Chapter 5 of Title 40. In addition to the person's33
5555 full name, the Department of Driver Services shall include the person's address, city of34
5656 residence, date of birth, gender, driver's license or personal identification card number, and,35
5757 whenever racial information is collected by the Department of Driver Services, racial36
5858 information. The Department of Driver Services shall provide the document issue date and37
5959 H. B. 650
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6161 document expiration date; shall indicate whether the document is a driver's license or a38
6262 personal an identification card; and shall exclude persons whose driver's license has been39
6363 suspended or revoked due to a felony conviction, whose driver's license has been expired40
6464 for more than 730 days, or who have been identified as not being citizens of the United41
6565 States. Such data shall also include a secure unique identifier, determined according to the42
6666 specifications of the council in consultation with the Department of Driver Services, which43
6767 shall be a representation of the last four digits of the social security number associated with44
6868 each driver's license or personal identification card holder. The council shall provide the45
6969 Department of Driver Services with the software required to generate such secure unique46
7070 identifier. The Department of Driver Services shall also provide the names and identifying47
7171 information specified by this subsection of persons convicted in this state or in another48
7272 state of driving without a license. Such data shall be in electronic format as required by the49
7373 council."50
7474 "(f) On and after July 1, 2017, upon request by the council, the Department of Corrections51
7575 shall provide to the council, without cost, data showing a list of the names of all persons52
7676 who have been convicted of a felony in this state. In addition to the convicted person's full53
7777 name, the data shall include the person's address, including the county of residence and ZIP54
7878 Code, date of birth, gender, and, when such information is available, the convicted person's55
7979 race. Such data shall also include a secure unique identifier, determined according to the56
8080 specifications of the council in consultation with the Department of Corrections, which57
8181 shall be a representation of the last four digits of the social security number associated with58
8282 each convicted person. The council shall provide the Department of Corrections with the59
8383 software required to generate such secure unique identifier. Such data shall be in electronic60
8484 format as required by the council Reserved.61
8585 (g) On and after July 1, 2017, upon request by the council, the State Board of Pardons and62
8686 Paroles shall provide to the council, without cost, data showing a list of the names of all63
8787 persons who have had his or her civil rights restored. In addition to the person's full name,64
8888 H. B. 650
8989 - 3 - 25 LC 55 0417
9090 the data shall include the person's address, including the county of residence and ZIP Code,65
9191 date of birth, gender, and, when such information is available, the person's race. Such data66
9292 shall also include a secure unique identifier, determined according to the specifications of67
9393 the council in consultation with the State Board of Pardons and Paroles, which shall be a68
9494 representation of the last four digits of the social security number associated with each69
9595 person. The council shall provide the State Board of Pardons and Paroles with the software70
9696 required to generate such secure unique identifier. Such data shall be in electronic format71
9797 as required by the council Reserved."72
9898 SECTION 2-3.73
9999 Said title is further amended in Code Section 15-12-60, relating to qualifications of grand74
100100 jurors and impact of ineligibility, by revising subsection (c) as follows:75
101101 "(c) The following individuals shall not be eligible to serve as a grand juror:76
102102 (1) Any individual who has been convicted of a felony in a state or federal court who has77
103103 not had his or her civil rights restored;78
104104 (2) Any individual who has been judicially determined to be mentally incompetent shall79
105105 not be eligible to serve as a grant juror;80
106106 (3) Any individual charged with a felony offense and who is in a pretrial release81
107107 program, a pretrial release and diversion program, or a pretrial intervention and diversion82
108108 program, as provided for in Article 4 of Chapter 18 of Title 15 or Article 4 of Chapter 383
109109 of Title 42 or pursuant to Uniform Superior Court Rule 27, a similar diversion program84
110110 from another state, or a similar federal court diversion program for a felony offense;85
111111 (4) Any individual sentenced for a felony offense pursuant to Code Section 16-13-2 who86
112112 has not completed the terms of his or her sentence;87
113113 (5) Any individual serving a sentence for a felony offense pursuant to Article 3 of88
114114 Chapter 8 of Title 42 or serving a first offender sentence for a felony offense pursuant to89
115115 another state's law; and90
116116 H. B. 650
117117 - 4 - 25 LC 55 0417
118118 (6) Any individual who is participating in a drug court division, mental health court91
119119 division, veterans court division, a similar court program from another state, or a similar92
120120 federal court program for a felony offense."93
121121 SECTION 2-4.94
122122 Said title is further amended in Code Section 15-12-163, relating to challenges for cause,95
123123 hearing of evidence, and when objection made be had to a juror, by revising subsection (b)96
124124 as follows:97
125125 "(b) The state or the accused may make any of the following objections to the juror:98
126126 (1) That the juror is not a citizen, resident in the county;99
127127 (2) That the juror is under 18 years of age;100
128128 (3) That the juror is incompetent to serve because of mental illness or intellectual101
129129 disability, or that the juror is intoxicated;102
130130 (4) That the juror is so near of kin to the prosecutor, the accused, or the victim as to103
131131 disqualify the juror by law from serving on the jury; or104
132132 (5) That the juror has been convicted of a felony in a federal court or any court of a state105
133133 of the United States and the juror's civil rights have not been restored; or106
134134 (6) That the juror is unable to communicate in the English language."107
135135 PART III108
136136 SECTION 3-1.109
137137 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,110
138138 is amended in Code Section 43-1-19, relating to refusal to grant, revocation, and111
139139 reinstatement of licenses by professional licensing boards, surrender, and probationary112
140140 license, by revising paragraphs (3) and (4) of subsection (a) and subsection (q) as follows:113
141141 H. B. 650
142142 - 5 - 25 LC 55 0417
143143 "(3) Been convicted of any felony or of any crime involving moral turpitude in the courts114
144144 of this state or any other state, territory, or country or in the courts of the United States;115
145145 as used in this paragraph, paragraph (4) of this subsection, and subsection (q) of this Code116
146146 section, the term 'felony' shall include any offense which, if committed in this state,117
147147 would be deemed a felony, without regard to its designation elsewhere; and, as used in118
148148 this paragraph and subsection (q) of this Code section, the term 'conviction' shall include119
149149 a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the120
150150 conviction has been sought Reserved;121
151151 (4)(A) Been arrested, charged, and sentenced for the commission of any felony, or any122
152152 crime involving moral turpitude, when:123
153153 (i) A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of124
154154 Title 42 or another state's first offender laws;125
155155 (ii) A sentence for such offense was imposed pursuant to subsection (a) or (c) of126
156156 Code Section 16-13-2;127
157157 (iii) A sentence for such offense was imposed as a result of a plea of nolo contendere;128
158158 or129
159159 (iv) An adjudication of guilt or sentence was otherwise withheld or not entered on the130
160160 charge.131
161161 (B) An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2,132
162162 Article 3 of Chapter 8 of Title 42, or another state's first offender treatment order shall133
163163 be conclusive evidence of an arrest and sentencing for such offense Reserved;"134
164164 "(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or135
165165 any other provision of law, and unless Unless a felony or crime involving moral turpitude136
166166 directly relates to the occupation for which the license is sought or held, no professional137
167167 licensing board shall refuse to grant a license to an applicant therefor or shall revoke the138
168168 license of an individual licensed by that board due solely or in part to such applicant's or139
169169 licensee's:140
170170 H. B. 650
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172172 (A) Conviction of any felony or any crime involving moral turpitude, whether it
173173 141
174174 occurred in the courts of this state or any other state, territory, or country or in the142
175175 courts of the United States;143
176176 (B) Arrest, charge, and sentence for the commission of such offense;144
177177 (C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another145
178178 state's first offender laws;146
179179 (D) Sentence for such offense pursuant to subsection (a) or (c) of Code147
180180 Section 16-13-2;148
181181 (E) Sentence for such offense as a result of a plea of nolo contendere;149
182182 (F) Adjudication of guilt or sentence was otherwise withheld or not entered; or150
183183 (G) Being under supervision by a community supervision officer, as such term is151
184184 defined in Code Section 42-3-1, for a conviction of any felony or any crime involving152
185185 moral turpitude, whether it occurred in the courts of this state or any other state,153
186186 territory, or country or in the courts of the United States, so long as such individual was154
187187 not convicted of a felony violation of Chapter 5 of Title 16 nor convicted of a crime155
188188 requiring registration on the state sexual offender registry.156
189189 (2) In determining if a felony or crime involving moral turpitude directly relates to the157
190190 occupation for which the license is sought or held, the professional licensing board shall158
191191 consider:159
192192 (A) The nature and seriousness of such felony or crime involving moral turpitude and160
193193 the relationship of such felony or crime involving moral turpitude to the occupation for161
194194 which the license is sought or held;162
195195 (B) The age of the individual at the time such felony or crime involving moral163
196196 turpitude was committed;164
197197 (C) The length of time elapsed since such felony or crime involving moral turpitude165
198198 was committed;166
199199 H. B. 650
200200 - 7 - 25 LC 55 0417
201201 (D) All circumstances relative to such felony or crime involving moral turpitude,
202202 167
203203 including, but not limited to, mitigating circumstances or social conditions surrounding168
204204 the commission of such felony or crime involving moral turpitude; and169
205205 (E) Evidence of rehabilitation and present fitness to perform the duties of the170
206206 occupation for which the license is sought or held.171
207207 (3) As used in this subsection, the term 'felony' shall include any offense which, if
208208 172
209209 committed in this state, would be deemed a felony, without regard to its designation173
210210 elsewhere; and the term 'conviction' shall include a finding or verdict of guilty or a plea174
211211 of guilty, regardless of whether an appeal of the conviction has been sought."175
212212 SECTION 3-2.176
213213 Said title is further amended by revising Code Section 43-1-27, relating to licensee required177
214214 to notify licensing authority of felony conviction, as follows:178
215215 "43-1-27.179
216216 Any licensed individual who is convicted under the laws of this state, the United States, or180
217217 any other state, territory, or country of a felony as defined in paragraph (3) of181
218218 subsection (a)(q) of Code Section 43-1-19 shall be required to notify the appropriate182
219219 licensing authority of the conviction within ten days of the conviction. The failure of a183
220220 licensed individual to notify the appropriate licensing authority of a conviction shall be184
221221 considered grounds for revocation of his or her license, permit, registration, certification,185
222222 or other authorization to conduct a licensed profession."186
223223 SECTION 3-3.187
224224 Said title is further amended in Code Section 43-3-27, relating to notification of conviction,188
225225 time limit, and suspension relative to accountants, by revising subsection (a) as follows:189
226226 "(a) Any individual issued a license or certification under this chapter or providing services190
227227 under substantial equivalency practice privileges and convicted under the laws of this state,191
228228 H. B. 650
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230230 the United States, any other state, or any other country of a felony as defined in
231231 192
232232 paragraph (3) of subsection (a)
233233 (q) of Code Section 43-1-19 shall be required to notify the193
234234 board of such conviction within 30 days of such conviction. The failure of such individual194
235235 to notify the board of a conviction shall be considered grounds for revocation of his or her195
236236 license or other authorization issued pursuant to this chapter."196
237237 SECTION 3-4.197
238238 Said title is further amended in Code Section 43-6-18, relating to grounds for revocation or198
239239 suspension of an auctioneer license and censure of licensees, by revising paragraphs (4), (6),199
240240 and (7) as follows:200
241241 "(4) Being convicted in a court of competent jurisdiction of this or any other state of a201
242242 criminal offense involving moral turpitude or a felony Reserved;"202
243243 "(6) Any conduct of any auctioneer in connection with his or her auction business which203
244244 demonstrates bad faith, dishonesty, incompetency, or untruthfulness;204
245245 (7) Any conduct of an auctioneer in connection with his or her auction business which205
246246 demonstrates improper, fraudulent, or dishonest dealings;"206
247247 SECTION 3-5.207
248248 Said title is further amended in Code Section 43-10-20, relating to teaching of barbering or208
249249 the practice of a cosmetologist in prisons and certification of registration, by revising209
250250 subsection (b) as follows:210
251251 "(b) The board shall be required to test an inmate who is an applicant for a certificate or211
252252 registration under this chapter who has completed successfully a barber or cosmetologist212
253253 training program operated by the Department of Corrections and who meets the213
254254 requirements stated in Code Section 43-10-9. If such inmate passes the applicable written214
255255 and practical examinations, the board may issue the appropriate certificate of registration215
256256 to such inmate after consideration of all requirements under Code Sections 43-10-9216
257257 H. B. 650
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259259 and 43-1-19; provided, however, that the board shall not apply the provisions of paragraph217
260260 (4) of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such218
261261 person's status as an inmate and shall apply such provisions in the same manner as would219
262262 otherwise be applicable to an applicant who is not an inmate."220
263263 SECTION 3-6.221
264264 Said title is further amended in Code Section 43-14-6, relating to powers and duties of222
265265 divisions relative to electrical contractors, plumbers, conditioned air contractors, low-voltage223
266266 contractors, and utility contractors, by revising paragraph (4) of subsection (a) as follows:224
267267 "(4) After notice and hearing, have the power to reprimand any person, licensee, or225
268268 certificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse226
269269 to grant, renew, or restore a license or certificate to any person, licensee, or certificate227
270270 holder upon any one of the following grounds:228
271271 (A) The commission of any false, fraudulent, or deceitful act or the use of any forged,229
272272 false, or fraudulent document in connection with the license or certificate requirements230
273273 of this chapter or the rules and regulations of the board;231
274274 (B) Failure at any time to comply with the requirements for a license or certificate232
275275 under this chapter or the rules and regulations of the board;233
276276 (C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to234
277277 such an extent as to render the license or certificate holder unsafe or unfit to practice235
278278 any profession licensed or certified under this chapter;236
279279 (D) Engaging in any dishonorable or unethical conduct in connection with a practice237
280280 or profession licensed or certified under this chapter that is likely to deceive, defraud,238
281281 or harm the public;239
282282 (E) Knowingly performing any act which in any way assists an unlicensed or240
283283 noncertified person to practice such profession;241
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286286 (F) Violating, directly or indirectly, or assisting in or abetting any violation of any
287287 242
288288 provision of this chapter or any rule or regulation of the board;243
289289 (G) The performance of any faulty, inadequate, inefficient, or unsafe electrical,244
290290 plumbing, low-voltage contracting, utility contracting, or conditioned air contracting245
291291 likely to endanger life, health, or property. The performance of any work that does not246
292292 comply with the standards set by state codes or by local codes in jurisdictions where247
293293 such codes are adopted, provided that such local codes are as stringent as the state248
294294 codes, or by other codes or regulations which have been adopted by the board, shall be249
295295 prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such250
296296 electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air251
297297 contracting; provided, however, that the board, in its sole discretion, for good cause252
298298 shown and under such conditions as it may prescribe, may restore a license to any253
299299 person whose license has been suspended or revoked;254
300300 (H) With respect to utility contractors, the bidding by such a utility contractor in excess255
301301 of license coverage; or256
302302 (I) With respect to utility contractors, violations of Chapter 9 of Title 25;"257
303303 SECTION 3-7.258
304304 Said title is further amended in Code Section 43-24A-9, relating to provisional permits259
305305 relative to massage therapy practice, by revising paragraph (4) of subsection (a) as follows:260
306306 "(4) Has not been convicted of a felony in the courts of this state, any other state,261
307307 territory, or country, or in the courts of the United States, including, but not limited to,262
308308 a plea of nolo contendere entered to such charge or the affording of first offender263
309309 treatment to any such charge in the same manner as provided in paragraph (4) of
310310 264
311311 subsection (a) of Code Section 43-1-19 pursuant to Article 3 of Chapter 8 of Title 42 or265
312312 another state's first offender laws."266
313313 H. B. 650
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315315 PART IV
316316 267
317317 SECTION 4-1.268
318318 Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by269
319319 adding a new Code section to read as follows:270
320320 "44-7-3.1.
321321 271
322322 (a) As used in this Code section, the term 'residential dwelling' or 'dwelling' means a272
323323 structure or part of a structure that is designed or used for human habitation. Such term273
324324 shall include, without limitation, a single-family home, a townhome, a mobile home, an274
325325 apartment, and an individual condominium unit.275
326326 (b) No owner of a residential dwelling who offers such dwelling for lease or solicits offers276
327327 for the lease of such dwelling shall refuse to lease such dwelling to an individual based277
328328 solely on such individual's criminal history; provided, however, that nothing in this278
329329 subsection shall prohibit a person from refusing to lease a residential dwelling to any279
330330 individual based solely or in part on such individual:280
331331 (1) Having been convicted of any offense that requires such individual to register on the281
332332 state sexual offender registry pursuant to Code Section 42-1-12;282
333333 (2) Being a sexual offender, as defined in Code Section 42-1-12; or283
334334 (3) Being included on the state sexual offender registry of this state, on the National Sex284
335335 Offender Registry, or on the sexual offender registry or child abuse registry of any other285
336336 state, a United States territory, the District of Columbia, or any American Indian tribe.286
337337 (c) A violation of subsection (b) of this Code section shall constitute an unfair and287
338338 deceptive act or practice under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair288
339339 Business Practices Act of 1975,' and all public and private remedies available under such289
340340 part shall be available with regard to such a violation."290
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343343 PART V
344344 291
345345 SECTION 5-1.292
346346 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,293
347347 is amended in Code Section 45-17-2.1, relating to application to be a notary and294
348348 endorsements and declarations, by revising paragraph (2) of subsection (a) as follows:295
349349 "(2) The applicant shall sign and swear or affirm as outlined in paragraph (2) of296
350350 subsection (b) of this Code section to the truthfulness of the application which shall state:297
351351 (A) That the applicant resides or works or has a business in the county of application298
352352 and the address of the residence or business. The applicant shall use his or her299
353353 residential address for purposes of the application and may only use a business address300
354354 for the application if the applicant is applying pursuant to the provisions of Code301
355355 Section 45-17-7;302
356356 (B) That the applicant is at least 18 years old;303
357357 (C) That the applicant can read and write the English language;304
358358 (D) That the applicant has an operating telephone number; and
359359 305
360360 (E) All denials, revocations, suspensions, restrictions, or resignations of a notary306
361361 commission held by the applicant; and307
362362 (F) All criminal convictions of the applicant, including any plea of nolo contendere,308
363363 except minor traffic violations."309
364364 SECTION 5-2.310
365365 Said title is further amended by revising Code Section 45-17-2.3, relating to grant or denial311
366366 of commission or recommission, grounds, and unauthorized practice of law, as follows:312
367367 "45-17-2.3.313
368368 (a) After an applicant submits to the clerk of superior court of the county the application,314
369369 endorsements, and declaration of applicant as required in Code Section 45-17-2.1, the clerk315
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372372 of superior court shall either grant or deny a commission or recommission as a notary
373373 316
374374 public within ten days following the applicant's submission of the necessary documents.317
375375 (b) The clerk of superior court may in his or her discretion deny a commission or318
376376 recommission to an applicant based on any of the following grounds:319
377377 (1) The applicant's criminal history;
378378 320
379379 (2) Revocation, suspension, or restriction of any notary commission or professional321
380380 license issued to the applicant by this or any other state;322
381381 (3)(2) The commission in this or any state of any act enumerated in subsection (a) of323
382382 Code Section 45-17-15, whether or not criminal penalties or commission suspension or324
383383 revocation resulted; or325
384384 (4)(3) The applicant is found by the State Bar of Georgia, a court of this state, or a court326
385385 of any other state to have engaged in the unauthorized practice of law.327
386386 (c) Any applicant who is denied a notarial commission or recommission by the clerk of328
387387 superior court shall upon demand be allowed a hearing and adjudication before the superior329
388388 court clerk with a right of de novo appeal to the superior court, such appeal to be330
389389 determined by the court without the intervention of a jury."331
390390 PART VI332
391391 SECTION 6-1.333
392392 This Act shall become effective upon its approval by the Governor or upon its becoming law334
393393 without such approval.335
394394 SECTION 6-2.336
395395 All laws and parts of laws in conflict with this Act are repealed.337
396396 H. B. 650
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