1 | 1 | | 25 LC 55 0417 |
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2 | 2 | | House Bill 650 |
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3 | 3 | | By: Representatives Bell of the 75 |
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4 | 4 | | th |
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5 | 5 | | , Gilliard of the 162 |
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6 | 6 | | nd |
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7 | 7 | | , Paris of the 142 |
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8 | 8 | | nd |
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9 | 9 | | , Jones of the 60 |
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10 | 10 | | th |
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11 | 11 | | , |
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12 | 12 | | Westbrook of the 163 |
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13 | 13 | | rd |
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14 | 14 | | , and others |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Titles 15, 43, 44, and 45 of the Official Code of Georgia Annotated, relating to |
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18 | 18 | | 1 |
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19 | 19 | | courts, professions and businesses, property, and public officers and employees, respectively,2 |
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20 | 20 | | so as to restore certain rights of individuals with criminal histories; to repeal the prohibition3 |
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21 | 21 | | on felons serving on juries; to repeal the prohibition on felons serving on grand juries; to4 |
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22 | 22 | | provide exceptions; to revise the grounds for the refusal to grant and revocation of5 |
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23 | 23 | | professional licenses; to revise the grounds for the revocation or suspension of an auctioneer6 |
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24 | 24 | | license; to revise the grounds for the suspension, revocation, or cancellation of a license or7 |
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25 | 25 | | certificate of electrical contractors, plumbers, conditioned air contractors, low-voltage8 |
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26 | 26 | | contractors, and utility contractors; to prohibit persons from refusing to lease residential9 |
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27 | 27 | | dwellings to individuals based on such individuals' criminal histories; to revise the grounds10 |
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28 | 28 | | for the denial of a notary public application; to provide for conforming changes; to provide11 |
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29 | 29 | | an effective date; to provide a short title; to provide for related matters; to repeal conflicting12 |
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30 | 30 | | laws; and for other purposes.13 |
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31 | 31 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 |
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32 | 32 | | H. B. 650 |
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33 | 33 | | - 1 - 25 LC 55 0417 |
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34 | 34 | | PART I |
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35 | 35 | | 15 |
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36 | 36 | | SECTION 1-1.16 |
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37 | 37 | | This Act shall be known and may be cited as the "Presidential Felon Freedom Act."17 |
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38 | 38 | | PART II18 |
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39 | 39 | | SECTION 2-1.19 |
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40 | 40 | | Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising20 |
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41 | 41 | | Code Section 15-12-40, relating to ineligibility to serve as a trial juror, as follows:21 |
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42 | 42 | | "15-12-40.22 |
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43 | 43 | | Any person who has been convicted of a felony in a state or federal court who has not had |
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44 | 44 | | 23 |
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45 | 45 | | his or her civil rights restored and any person who has been judicially determined to be24 |
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46 | 46 | | mentally incompetent shall not be eligible to serve as a trial juror."25 |
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47 | 47 | | SECTION 2-2.26 |
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48 | 48 | | Said title is further amended in Code Section 15-12-40.1, relating to state-wide master jury27 |
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49 | 49 | | list, driver's license information, list of registered voters, and random list of persons to28 |
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50 | 50 | | comprise venire, by revising subsections (b), (f), and (g) as follows:29 |
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51 | 51 | | "(b) On and after July 1, 2017, upon the council's request, the Department of Driver30 |
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52 | 52 | | Services shall provide the council data showing the full name of all persons who are at31 |
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53 | 53 | | least 18 years of age and residents of this state who have been issued a driver's license or32 |
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54 | 54 | | personal identification card pursuant to Chapter 5 of Title 40. In addition to the person's33 |
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55 | 55 | | full name, the Department of Driver Services shall include the person's address, city of34 |
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56 | 56 | | residence, date of birth, gender, driver's license or personal identification card number, and,35 |
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57 | 57 | | whenever racial information is collected by the Department of Driver Services, racial36 |
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58 | 58 | | information. The Department of Driver Services shall provide the document issue date and37 |
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59 | 59 | | H. B. 650 |
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60 | 60 | | - 2 - 25 LC 55 0417 |
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61 | 61 | | document expiration date; shall indicate whether the document is a driver's license or a38 |
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62 | 62 | | personal an identification card; and shall exclude persons whose driver's license has been39 |
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63 | 63 | | suspended or revoked due to a felony conviction, whose driver's license has been expired40 |
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64 | 64 | | for more than 730 days, or who have been identified as not being citizens of the United41 |
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65 | 65 | | States. Such data shall also include a secure unique identifier, determined according to the42 |
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66 | 66 | | specifications of the council in consultation with the Department of Driver Services, which43 |
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67 | 67 | | shall be a representation of the last four digits of the social security number associated with44 |
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68 | 68 | | each driver's license or personal identification card holder. The council shall provide the45 |
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69 | 69 | | Department of Driver Services with the software required to generate such secure unique46 |
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70 | 70 | | identifier. The Department of Driver Services shall also provide the names and identifying47 |
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71 | 71 | | information specified by this subsection of persons convicted in this state or in another48 |
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72 | 72 | | state of driving without a license. Such data shall be in electronic format as required by the49 |
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73 | 73 | | council."50 |
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74 | 74 | | "(f) On and after July 1, 2017, upon request by the council, the Department of Corrections51 |
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75 | 75 | | shall provide to the council, without cost, data showing a list of the names of all persons52 |
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76 | 76 | | who have been convicted of a felony in this state. In addition to the convicted person's full53 |
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77 | 77 | | name, the data shall include the person's address, including the county of residence and ZIP54 |
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78 | 78 | | Code, date of birth, gender, and, when such information is available, the convicted person's55 |
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79 | 79 | | race. Such data shall also include a secure unique identifier, determined according to the56 |
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80 | 80 | | specifications of the council in consultation with the Department of Corrections, which57 |
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81 | 81 | | shall be a representation of the last four digits of the social security number associated with58 |
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82 | 82 | | each convicted person. The council shall provide the Department of Corrections with the59 |
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83 | 83 | | software required to generate such secure unique identifier. Such data shall be in electronic60 |
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84 | 84 | | format as required by the council Reserved.61 |
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85 | 85 | | (g) On and after July 1, 2017, upon request by the council, the State Board of Pardons and62 |
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86 | 86 | | Paroles shall provide to the council, without cost, data showing a list of the names of all63 |
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87 | 87 | | persons who have had his or her civil rights restored. In addition to the person's full name,64 |
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88 | 88 | | H. B. 650 |
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89 | 89 | | - 3 - 25 LC 55 0417 |
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90 | 90 | | the data shall include the person's address, including the county of residence and ZIP Code,65 |
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91 | 91 | | date of birth, gender, and, when such information is available, the person's race. Such data66 |
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92 | 92 | | shall also include a secure unique identifier, determined according to the specifications of67 |
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93 | 93 | | the council in consultation with the State Board of Pardons and Paroles, which shall be a68 |
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94 | 94 | | representation of the last four digits of the social security number associated with each69 |
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95 | 95 | | person. The council shall provide the State Board of Pardons and Paroles with the software70 |
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96 | 96 | | required to generate such secure unique identifier. Such data shall be in electronic format71 |
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97 | 97 | | as required by the council Reserved."72 |
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98 | 98 | | SECTION 2-3.73 |
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99 | 99 | | Said title is further amended in Code Section 15-12-60, relating to qualifications of grand74 |
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100 | 100 | | jurors and impact of ineligibility, by revising subsection (c) as follows:75 |
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101 | 101 | | "(c) The following individuals shall not be eligible to serve as a grand juror:76 |
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102 | 102 | | (1) Any individual who has been convicted of a felony in a state or federal court who has77 |
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103 | 103 | | not had his or her civil rights restored;78 |
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104 | 104 | | (2) Any individual who has been judicially determined to be mentally incompetent shall79 |
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105 | 105 | | not be eligible to serve as a grant juror;80 |
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106 | 106 | | (3) Any individual charged with a felony offense and who is in a pretrial release81 |
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107 | 107 | | program, a pretrial release and diversion program, or a pretrial intervention and diversion82 |
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108 | 108 | | program, as provided for in Article 4 of Chapter 18 of Title 15 or Article 4 of Chapter 383 |
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109 | 109 | | of Title 42 or pursuant to Uniform Superior Court Rule 27, a similar diversion program84 |
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110 | 110 | | from another state, or a similar federal court diversion program for a felony offense;85 |
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111 | 111 | | (4) Any individual sentenced for a felony offense pursuant to Code Section 16-13-2 who86 |
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112 | 112 | | has not completed the terms of his or her sentence;87 |
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113 | 113 | | (5) Any individual serving a sentence for a felony offense pursuant to Article 3 of88 |
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114 | 114 | | Chapter 8 of Title 42 or serving a first offender sentence for a felony offense pursuant to89 |
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115 | 115 | | another state's law; and90 |
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116 | 116 | | H. B. 650 |
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117 | 117 | | - 4 - 25 LC 55 0417 |
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118 | 118 | | (6) Any individual who is participating in a drug court division, mental health court91 |
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119 | 119 | | division, veterans court division, a similar court program from another state, or a similar92 |
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120 | 120 | | federal court program for a felony offense."93 |
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121 | 121 | | SECTION 2-4.94 |
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122 | 122 | | Said title is further amended in Code Section 15-12-163, relating to challenges for cause,95 |
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123 | 123 | | hearing of evidence, and when objection made be had to a juror, by revising subsection (b)96 |
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124 | 124 | | as follows:97 |
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125 | 125 | | "(b) The state or the accused may make any of the following objections to the juror:98 |
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126 | 126 | | (1) That the juror is not a citizen, resident in the county;99 |
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127 | 127 | | (2) That the juror is under 18 years of age;100 |
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128 | 128 | | (3) That the juror is incompetent to serve because of mental illness or intellectual101 |
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129 | 129 | | disability, or that the juror is intoxicated;102 |
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130 | 130 | | (4) That the juror is so near of kin to the prosecutor, the accused, or the victim as to103 |
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131 | 131 | | disqualify the juror by law from serving on the jury; or104 |
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132 | 132 | | (5) That the juror has been convicted of a felony in a federal court or any court of a state105 |
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133 | 133 | | of the United States and the juror's civil rights have not been restored; or106 |
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134 | 134 | | (6) That the juror is unable to communicate in the English language."107 |
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135 | 135 | | PART III108 |
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136 | 136 | | SECTION 3-1.109 |
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137 | 137 | | Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,110 |
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138 | 138 | | is amended in Code Section 43-1-19, relating to refusal to grant, revocation, and111 |
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139 | 139 | | reinstatement of licenses by professional licensing boards, surrender, and probationary112 |
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140 | 140 | | license, by revising paragraphs (3) and (4) of subsection (a) and subsection (q) as follows:113 |
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141 | 141 | | H. B. 650 |
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142 | 142 | | - 5 - 25 LC 55 0417 |
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143 | 143 | | "(3) Been convicted of any felony or of any crime involving moral turpitude in the courts114 |
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144 | 144 | | of this state or any other state, territory, or country or in the courts of the United States;115 |
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145 | 145 | | as used in this paragraph, paragraph (4) of this subsection, and subsection (q) of this Code116 |
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146 | 146 | | section, the term 'felony' shall include any offense which, if committed in this state,117 |
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147 | 147 | | would be deemed a felony, without regard to its designation elsewhere; and, as used in118 |
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148 | 148 | | this paragraph and subsection (q) of this Code section, the term 'conviction' shall include119 |
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149 | 149 | | a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the120 |
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150 | 150 | | conviction has been sought Reserved;121 |
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151 | 151 | | (4)(A) Been arrested, charged, and sentenced for the commission of any felony, or any122 |
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152 | 152 | | crime involving moral turpitude, when:123 |
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153 | 153 | | (i) A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of124 |
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154 | 154 | | Title 42 or another state's first offender laws;125 |
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155 | 155 | | (ii) A sentence for such offense was imposed pursuant to subsection (a) or (c) of126 |
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156 | 156 | | Code Section 16-13-2;127 |
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157 | 157 | | (iii) A sentence for such offense was imposed as a result of a plea of nolo contendere;128 |
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158 | 158 | | or129 |
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159 | 159 | | (iv) An adjudication of guilt or sentence was otherwise withheld or not entered on the130 |
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160 | 160 | | charge.131 |
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161 | 161 | | (B) An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2,132 |
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162 | 162 | | Article 3 of Chapter 8 of Title 42, or another state's first offender treatment order shall133 |
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163 | 163 | | be conclusive evidence of an arrest and sentencing for such offense Reserved;"134 |
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164 | 164 | | "(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or135 |
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165 | 165 | | any other provision of law, and unless Unless a felony or crime involving moral turpitude136 |
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166 | 166 | | directly relates to the occupation for which the license is sought or held, no professional137 |
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167 | 167 | | licensing board shall refuse to grant a license to an applicant therefor or shall revoke the138 |
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168 | 168 | | license of an individual licensed by that board due solely or in part to such applicant's or139 |
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169 | 169 | | licensee's:140 |
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170 | 170 | | H. B. 650 |
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171 | 171 | | - 6 - 25 LC 55 0417 |
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172 | 172 | | (A) Conviction of any felony or any crime involving moral turpitude, whether it |
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173 | 173 | | 141 |
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174 | 174 | | occurred in the courts of this state or any other state, territory, or country or in the142 |
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175 | 175 | | courts of the United States;143 |
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176 | 176 | | (B) Arrest, charge, and sentence for the commission of such offense;144 |
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177 | 177 | | (C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another145 |
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178 | 178 | | state's first offender laws;146 |
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179 | 179 | | (D) Sentence for such offense pursuant to subsection (a) or (c) of Code147 |
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180 | 180 | | Section 16-13-2;148 |
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181 | 181 | | (E) Sentence for such offense as a result of a plea of nolo contendere;149 |
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182 | 182 | | (F) Adjudication of guilt or sentence was otherwise withheld or not entered; or150 |
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183 | 183 | | (G) Being under supervision by a community supervision officer, as such term is151 |
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184 | 184 | | defined in Code Section 42-3-1, for a conviction of any felony or any crime involving152 |
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185 | 185 | | moral turpitude, whether it occurred in the courts of this state or any other state,153 |
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186 | 186 | | territory, or country or in the courts of the United States, so long as such individual was154 |
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187 | 187 | | not convicted of a felony violation of Chapter 5 of Title 16 nor convicted of a crime155 |
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188 | 188 | | requiring registration on the state sexual offender registry.156 |
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189 | 189 | | (2) In determining if a felony or crime involving moral turpitude directly relates to the157 |
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190 | 190 | | occupation for which the license is sought or held, the professional licensing board shall158 |
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191 | 191 | | consider:159 |
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192 | 192 | | (A) The nature and seriousness of such felony or crime involving moral turpitude and160 |
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193 | 193 | | the relationship of such felony or crime involving moral turpitude to the occupation for161 |
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194 | 194 | | which the license is sought or held;162 |
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195 | 195 | | (B) The age of the individual at the time such felony or crime involving moral163 |
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196 | 196 | | turpitude was committed;164 |
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197 | 197 | | (C) The length of time elapsed since such felony or crime involving moral turpitude165 |
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198 | 198 | | was committed;166 |
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199 | 199 | | H. B. 650 |
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200 | 200 | | - 7 - 25 LC 55 0417 |
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201 | 201 | | (D) All circumstances relative to such felony or crime involving moral turpitude, |
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202 | 202 | | 167 |
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203 | 203 | | including, but not limited to, mitigating circumstances or social conditions surrounding168 |
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204 | 204 | | the commission of such felony or crime involving moral turpitude; and169 |
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205 | 205 | | (E) Evidence of rehabilitation and present fitness to perform the duties of the170 |
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206 | 206 | | occupation for which the license is sought or held.171 |
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207 | 207 | | (3) As used in this subsection, the term 'felony' shall include any offense which, if |
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208 | 208 | | 172 |
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209 | 209 | | committed in this state, would be deemed a felony, without regard to its designation173 |
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210 | 210 | | elsewhere; and the term 'conviction' shall include a finding or verdict of guilty or a plea174 |
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211 | 211 | | of guilty, regardless of whether an appeal of the conviction has been sought."175 |
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212 | 212 | | SECTION 3-2.176 |
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213 | 213 | | Said title is further amended by revising Code Section 43-1-27, relating to licensee required177 |
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214 | 214 | | to notify licensing authority of felony conviction, as follows:178 |
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215 | 215 | | "43-1-27.179 |
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216 | 216 | | Any licensed individual who is convicted under the laws of this state, the United States, or180 |
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217 | 217 | | any other state, territory, or country of a felony as defined in paragraph (3) of181 |
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218 | 218 | | subsection (a)(q) of Code Section 43-1-19 shall be required to notify the appropriate182 |
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219 | 219 | | licensing authority of the conviction within ten days of the conviction. The failure of a183 |
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220 | 220 | | licensed individual to notify the appropriate licensing authority of a conviction shall be184 |
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221 | 221 | | considered grounds for revocation of his or her license, permit, registration, certification,185 |
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222 | 222 | | or other authorization to conduct a licensed profession."186 |
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223 | 223 | | SECTION 3-3.187 |
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224 | 224 | | Said title is further amended in Code Section 43-3-27, relating to notification of conviction,188 |
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225 | 225 | | time limit, and suspension relative to accountants, by revising subsection (a) as follows:189 |
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226 | 226 | | "(a) Any individual issued a license or certification under this chapter or providing services190 |
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227 | 227 | | under substantial equivalency practice privileges and convicted under the laws of this state,191 |
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228 | 228 | | H. B. 650 |
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229 | 229 | | - 8 - 25 LC 55 0417 |
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230 | 230 | | the United States, any other state, or any other country of a felony as defined in |
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231 | 231 | | 192 |
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232 | 232 | | paragraph (3) of subsection (a) |
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233 | 233 | | (q) of Code Section 43-1-19 shall be required to notify the193 |
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234 | 234 | | board of such conviction within 30 days of such conviction. The failure of such individual194 |
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235 | 235 | | to notify the board of a conviction shall be considered grounds for revocation of his or her195 |
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236 | 236 | | license or other authorization issued pursuant to this chapter."196 |
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237 | 237 | | SECTION 3-4.197 |
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238 | 238 | | Said title is further amended in Code Section 43-6-18, relating to grounds for revocation or198 |
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239 | 239 | | suspension of an auctioneer license and censure of licensees, by revising paragraphs (4), (6),199 |
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240 | 240 | | and (7) as follows:200 |
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241 | 241 | | "(4) Being convicted in a court of competent jurisdiction of this or any other state of a201 |
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242 | 242 | | criminal offense involving moral turpitude or a felony Reserved;"202 |
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243 | 243 | | "(6) Any conduct of any auctioneer in connection with his or her auction business which203 |
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244 | 244 | | demonstrates bad faith, dishonesty, incompetency, or untruthfulness;204 |
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245 | 245 | | (7) Any conduct of an auctioneer in connection with his or her auction business which205 |
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246 | 246 | | demonstrates improper, fraudulent, or dishonest dealings;"206 |
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247 | 247 | | SECTION 3-5.207 |
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248 | 248 | | Said title is further amended in Code Section 43-10-20, relating to teaching of barbering or208 |
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249 | 249 | | the practice of a cosmetologist in prisons and certification of registration, by revising209 |
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250 | 250 | | subsection (b) as follows:210 |
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251 | 251 | | "(b) The board shall be required to test an inmate who is an applicant for a certificate or211 |
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252 | 252 | | registration under this chapter who has completed successfully a barber or cosmetologist212 |
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253 | 253 | | training program operated by the Department of Corrections and who meets the213 |
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254 | 254 | | requirements stated in Code Section 43-10-9. If such inmate passes the applicable written214 |
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255 | 255 | | and practical examinations, the board may issue the appropriate certificate of registration215 |
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256 | 256 | | to such inmate after consideration of all requirements under Code Sections 43-10-9216 |
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257 | 257 | | H. B. 650 |
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258 | 258 | | - 9 - 25 LC 55 0417 |
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259 | 259 | | and 43-1-19; provided, however, that the board shall not apply the provisions of paragraph217 |
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260 | 260 | | (4) of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such218 |
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261 | 261 | | person's status as an inmate and shall apply such provisions in the same manner as would219 |
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262 | 262 | | otherwise be applicable to an applicant who is not an inmate."220 |
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263 | 263 | | SECTION 3-6.221 |
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264 | 264 | | Said title is further amended in Code Section 43-14-6, relating to powers and duties of222 |
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265 | 265 | | divisions relative to electrical contractors, plumbers, conditioned air contractors, low-voltage223 |
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266 | 266 | | contractors, and utility contractors, by revising paragraph (4) of subsection (a) as follows:224 |
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267 | 267 | | "(4) After notice and hearing, have the power to reprimand any person, licensee, or225 |
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268 | 268 | | certificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse226 |
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269 | 269 | | to grant, renew, or restore a license or certificate to any person, licensee, or certificate227 |
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270 | 270 | | holder upon any one of the following grounds:228 |
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271 | 271 | | (A) The commission of any false, fraudulent, or deceitful act or the use of any forged,229 |
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272 | 272 | | false, or fraudulent document in connection with the license or certificate requirements230 |
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273 | 273 | | of this chapter or the rules and regulations of the board;231 |
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274 | 274 | | (B) Failure at any time to comply with the requirements for a license or certificate232 |
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275 | 275 | | under this chapter or the rules and regulations of the board;233 |
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276 | 276 | | (C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to234 |
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277 | 277 | | such an extent as to render the license or certificate holder unsafe or unfit to practice235 |
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278 | 278 | | any profession licensed or certified under this chapter;236 |
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279 | 279 | | (D) Engaging in any dishonorable or unethical conduct in connection with a practice237 |
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280 | 280 | | or profession licensed or certified under this chapter that is likely to deceive, defraud,238 |
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281 | 281 | | or harm the public;239 |
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282 | 282 | | (E) Knowingly performing any act which in any way assists an unlicensed or240 |
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283 | 283 | | noncertified person to practice such profession;241 |
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284 | 284 | | H. B. 650 |
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285 | 285 | | - 10 - 25 LC 55 0417 |
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286 | 286 | | (F) Violating, directly or indirectly, or assisting in or abetting any violation of any |
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287 | 287 | | 242 |
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288 | 288 | | provision of this chapter or any rule or regulation of the board;243 |
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289 | 289 | | (G) The performance of any faulty, inadequate, inefficient, or unsafe electrical,244 |
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290 | 290 | | plumbing, low-voltage contracting, utility contracting, or conditioned air contracting245 |
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291 | 291 | | likely to endanger life, health, or property. The performance of any work that does not246 |
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292 | 292 | | comply with the standards set by state codes or by local codes in jurisdictions where247 |
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293 | 293 | | such codes are adopted, provided that such local codes are as stringent as the state248 |
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294 | 294 | | codes, or by other codes or regulations which have been adopted by the board, shall be249 |
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295 | 295 | | prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such250 |
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296 | 296 | | electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air251 |
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297 | 297 | | contracting; provided, however, that the board, in its sole discretion, for good cause252 |
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298 | 298 | | shown and under such conditions as it may prescribe, may restore a license to any253 |
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299 | 299 | | person whose license has been suspended or revoked;254 |
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300 | 300 | | (H) With respect to utility contractors, the bidding by such a utility contractor in excess255 |
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301 | 301 | | of license coverage; or256 |
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302 | 302 | | (I) With respect to utility contractors, violations of Chapter 9 of Title 25;"257 |
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303 | 303 | | SECTION 3-7.258 |
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304 | 304 | | Said title is further amended in Code Section 43-24A-9, relating to provisional permits259 |
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305 | 305 | | relative to massage therapy practice, by revising paragraph (4) of subsection (a) as follows:260 |
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306 | 306 | | "(4) Has not been convicted of a felony in the courts of this state, any other state,261 |
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307 | 307 | | territory, or country, or in the courts of the United States, including, but not limited to,262 |
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308 | 308 | | a plea of nolo contendere entered to such charge or the affording of first offender263 |
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309 | 309 | | treatment to any such charge in the same manner as provided in paragraph (4) of |
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310 | 310 | | 264 |
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311 | 311 | | subsection (a) of Code Section 43-1-19 pursuant to Article 3 of Chapter 8 of Title 42 or265 |
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312 | 312 | | another state's first offender laws."266 |
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313 | 313 | | H. B. 650 |
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314 | 314 | | - 11 - 25 LC 55 0417 |
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315 | 315 | | PART IV |
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316 | 316 | | 267 |
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317 | 317 | | SECTION 4-1.268 |
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318 | 318 | | Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by269 |
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319 | 319 | | adding a new Code section to read as follows:270 |
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320 | 320 | | "44-7-3.1. |
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321 | 321 | | 271 |
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322 | 322 | | (a) As used in this Code section, the term 'residential dwelling' or 'dwelling' means a272 |
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323 | 323 | | structure or part of a structure that is designed or used for human habitation. Such term273 |
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324 | 324 | | shall include, without limitation, a single-family home, a townhome, a mobile home, an274 |
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325 | 325 | | apartment, and an individual condominium unit.275 |
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326 | 326 | | (b) No owner of a residential dwelling who offers such dwelling for lease or solicits offers276 |
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327 | 327 | | for the lease of such dwelling shall refuse to lease such dwelling to an individual based277 |
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328 | 328 | | solely on such individual's criminal history; provided, however, that nothing in this278 |
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329 | 329 | | subsection shall prohibit a person from refusing to lease a residential dwelling to any279 |
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330 | 330 | | individual based solely or in part on such individual:280 |
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331 | 331 | | (1) Having been convicted of any offense that requires such individual to register on the281 |
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332 | 332 | | state sexual offender registry pursuant to Code Section 42-1-12;282 |
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333 | 333 | | (2) Being a sexual offender, as defined in Code Section 42-1-12; or283 |
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334 | 334 | | (3) Being included on the state sexual offender registry of this state, on the National Sex284 |
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335 | 335 | | Offender Registry, or on the sexual offender registry or child abuse registry of any other285 |
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336 | 336 | | state, a United States territory, the District of Columbia, or any American Indian tribe.286 |
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337 | 337 | | (c) A violation of subsection (b) of this Code section shall constitute an unfair and287 |
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338 | 338 | | deceptive act or practice under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair288 |
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339 | 339 | | Business Practices Act of 1975,' and all public and private remedies available under such289 |
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340 | 340 | | part shall be available with regard to such a violation."290 |
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341 | 341 | | H. B. 650 |
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342 | 342 | | - 12 - 25 LC 55 0417 |
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343 | 343 | | PART V |
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344 | 344 | | 291 |
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345 | 345 | | SECTION 5-1.292 |
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346 | 346 | | Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,293 |
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347 | 347 | | is amended in Code Section 45-17-2.1, relating to application to be a notary and294 |
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348 | 348 | | endorsements and declarations, by revising paragraph (2) of subsection (a) as follows:295 |
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349 | 349 | | "(2) The applicant shall sign and swear or affirm as outlined in paragraph (2) of296 |
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350 | 350 | | subsection (b) of this Code section to the truthfulness of the application which shall state:297 |
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351 | 351 | | (A) That the applicant resides or works or has a business in the county of application298 |
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352 | 352 | | and the address of the residence or business. The applicant shall use his or her299 |
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353 | 353 | | residential address for purposes of the application and may only use a business address300 |
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354 | 354 | | for the application if the applicant is applying pursuant to the provisions of Code301 |
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355 | 355 | | Section 45-17-7;302 |
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356 | 356 | | (B) That the applicant is at least 18 years old;303 |
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357 | 357 | | (C) That the applicant can read and write the English language;304 |
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358 | 358 | | (D) That the applicant has an operating telephone number; and |
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359 | 359 | | 305 |
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360 | 360 | | (E) All denials, revocations, suspensions, restrictions, or resignations of a notary306 |
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361 | 361 | | commission held by the applicant; and307 |
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362 | 362 | | (F) All criminal convictions of the applicant, including any plea of nolo contendere,308 |
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363 | 363 | | except minor traffic violations."309 |
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364 | 364 | | SECTION 5-2.310 |
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365 | 365 | | Said title is further amended by revising Code Section 45-17-2.3, relating to grant or denial311 |
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366 | 366 | | of commission or recommission, grounds, and unauthorized practice of law, as follows:312 |
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367 | 367 | | "45-17-2.3.313 |
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368 | 368 | | (a) After an applicant submits to the clerk of superior court of the county the application,314 |
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369 | 369 | | endorsements, and declaration of applicant as required in Code Section 45-17-2.1, the clerk315 |
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370 | 370 | | H. B. 650 |
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371 | 371 | | - 13 - 25 LC 55 0417 |
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372 | 372 | | of superior court shall either grant or deny a commission or recommission as a notary |
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373 | 373 | | 316 |
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374 | 374 | | public within ten days following the applicant's submission of the necessary documents.317 |
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375 | 375 | | (b) The clerk of superior court may in his or her discretion deny a commission or318 |
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376 | 376 | | recommission to an applicant based on any of the following grounds:319 |
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377 | 377 | | (1) The applicant's criminal history; |
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378 | 378 | | 320 |
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379 | 379 | | (2) Revocation, suspension, or restriction of any notary commission or professional321 |
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380 | 380 | | license issued to the applicant by this or any other state;322 |
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381 | 381 | | (3)(2) The commission in this or any state of any act enumerated in subsection (a) of323 |
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382 | 382 | | Code Section 45-17-15, whether or not criminal penalties or commission suspension or324 |
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383 | 383 | | revocation resulted; or325 |
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384 | 384 | | (4)(3) The applicant is found by the State Bar of Georgia, a court of this state, or a court326 |
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385 | 385 | | of any other state to have engaged in the unauthorized practice of law.327 |
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386 | 386 | | (c) Any applicant who is denied a notarial commission or recommission by the clerk of328 |
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387 | 387 | | superior court shall upon demand be allowed a hearing and adjudication before the superior329 |
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388 | 388 | | court clerk with a right of de novo appeal to the superior court, such appeal to be330 |
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389 | 389 | | determined by the court without the intervention of a jury."331 |
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390 | 390 | | PART VI332 |
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391 | 391 | | SECTION 6-1.333 |
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392 | 392 | | This Act shall become effective upon its approval by the Governor or upon its becoming law334 |
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393 | 393 | | without such approval.335 |
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394 | 394 | | SECTION 6-2.336 |
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395 | 395 | | All laws and parts of laws in conflict with this Act are repealed.337 |
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396 | 396 | | H. B. 650 |
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397 | 397 | | - 14 - |
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