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