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ACT No. 809
Regular Session, 2014
HOUSE BILL NO. 1273 (Substitute for House Bill No. 911 by Representative Leger)
BY REPRESENTATIVE LEGER AND SENATORS MORRELL AND MURRAY
AN ACT1
To enact Chapter 1-B of Title 37 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 37:31 through 36, relative to licenses to engage in certain fields of work for3
persons convicted of certain offenses; to permit persons convicted of certain offenses4
to apply for and hold provisional and regular licenses to engage in certain fields of5
work; to provide for exceptions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Chapter 1-B of Title 37 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 37:31 through 36, is hereby enacted to read as follows: 9
CHAPTER 1-B. PROVISIONAL LICENSES FOR EX-OFFENDERS10
§31. Short title11
This Chapter shall be known and may be cited as the "Provisional Licenses12
for Ex-Offenders Act".13
§32. Issuance of licenses to ex-offenders14
Notwithstanding any provision of law or rule adopted and promulgated by15
any state department, agency, board, commission, or authority to the contrary, an16
entity issuing licenses, except for those listed in R.S. 37:36(E), for persons to engage17
in certain fields of work pursuant to state law shall issue either of the following to18
an otherwise qualified applicant who has been convicted of an offense or offenses,19
except those described in R.S. 37:36(A) through (C):20
(1) The license for which the applicant applied if the applicant meets all21
other requirements of the licensing qualifications except those pertaining to former22
offenses.23 ENROLLEDHB NO. 1273
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(2) A provisional license for which the applicant applied if the applicant1
meets all other requirements of the licensing qualifications except those pertaining2
to former offenses (referred to in this Chapter as "applicant" or "holder").3
§33. Provisional license; issuance; term; probation or parole4
A.(1) An ex-offender may apply to any entity issuing licenses to engage in5
certain fields of work pursuant to state law for a provisional license to engage in the6
particular field of work for which the entity issues licenses.7
(2) The licensing entity shall issue the provisional license for which the8
applicant applied and is otherwise qualified to receive.9
B. The licensing entity issuing the provisional license shall determine the10
term for which the provisional license shall be valid; however, in no event shall a11
provisional license issued pursuant to this Chapter be valid for fewer than ninety12
days nor more than three hundred sixty days.13
C. The licensing entity may require up to two years to have passed since an14
applicant's last conviction or release from incarceration in order for the applicant to15
qualify for the provisional license.16
D.(1) An applicant who is on community supervision and who is issued a17
provisional license pursuant to this Chapter shall provide the licensing entity the18
name and contact information of the person at the Department of Public Safety and19
Corrections, division of probation and parole, to whom he reports. If the applicant20
reports to the probation or parole department of another state, he shall provide the21
licensing entity the name and contact information of the person at that particular22
department to whom he reports.23
(2) The licensing entity shall notify the probation or parole division or24
department and court in which the holder's offense was adjudicated that a provisional25
license has been issued to the applicant.26
§34. Provisional license; revocation27
A. The licensing entity may revoke the provisional license issued pursuant28
to this Chapter if the holder commits any of the following:29
(1) A new offense.30 ENROLLEDHB NO. 1273
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(2) An act or omission that causes the holder of a provisional license1
community supervision, mandatory supervision, or parole to be revoked.2
(3) A violation of law or rules governing the practice of the field of work for3
which the provisional license was issued.4
B. A probation or parole department or division shall notify the licensing5
entity if the community supervision of the holder of a provisional license is revoked.6
C. A court shall notify the licensing entity if the holder of the provisional7
license is charged with a new offense.8
D. If a licensing entity revokes a provisional license pursuant to this Section:9
(1) The holder shall not be entitled to receive another provisional license or10
regular license for which the applicant originally applied, even if otherwise qualified.11
(2) The ability of the holder to subsequently obtain another provisional12
license from another licensing entity in the future is within the sole discretion of the13
issuing entity.14
§35. Regular license; issuance15
A. A licensing entity shall issue the regular license for which the provisional16
license was issued on the expiration of the provisional license term if the holder of17
the provisional license does not commit acts described in R.S. 37:34(A).18
B. Nothing in this Chapter shall be implicitly interpreted to preclude an19
entity from exercising its existing discretion to issue a license to individuals not20
covered under this Chapter, except where precluded by another law.21
§36. Exemptions; prohibitions22
A. A licensing entity shall not be required to issue a provisional license to23
any person convicted of any of the following:24
(1) Any grade of homicide enumerated in R.S. 14:29, Homicide.25
(2) A "crime of violence" as enumerated in R.S. 14:2(B).26
(3) A "sex offense" as defined by R.S. 15:541.27
B. A licensing entity shall not be required to issue a provisional license to28
any person convicted of an offense involving fraud if the licensed field of work is29
one in which the licensee owes a fiduciary duty to a client.30 ENROLLEDHB NO. 1273
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C. A licensing entity shall not be required to issue a provisional license to1
an applicant whose conviction directly relates to the position of employment sought,2
or to the specific field for which the license is required, or profession for which the3
provisional license is sought.4
D. A provisional license holder who supervises children or individuals who5
lack mental capacity shall not do so without another licensee in the room at all times.6
E.(1) This Chapter shall not apply to the following licensing entities:7
(a) Any law enforcement agency.8
(b) The Louisiana State Board of Medical Examiners.9
(c) The Louisiana State Board of Dentistry.10
(d) The Louisiana State Board of Nursing.11
(e) The Louisiana State Board of Practical Nurse Examiners.12
(f) The Louisiana State Racing Commission.13
(g) The State Boxing and Wrestling Commission.14
(h) The Louisiana Board of Pharmacy.15
(i) The Louisiana Supreme Court.16
(j) The Louisiana Professional Engineering and Land Surveying Board.17
(k) The Louisiana State Board of Architectural Examiners.18
(l) The Louisiana State Board of Private Investigator Examiners.19
(m) The Louisiana State Board of Embalmers and Funeral Directors.20
(n) The Louisiana State Board of Elementary and Secondary Education.21
(o) The Office of Financial Institutions.22
(p) The Louisiana Physical Therapy Board.23
(q) The Louisiana Board of Massage Therapy.24
(r) The office of alcohol and tobacco control of the Department of Revenue.25
(s) The health standards section of the Department of Health and Hospitals.26
(t) The Department of Insurance.27
(u) The Louisiana State Board of Social Work Examiners.28
(v) The Louisiana State Board of Examiners of Psychologists.29
(w) The Louisiana Behavior Analyst Board.30 ENROLLEDHB NO. 1273
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(x) All offices, boards, or commissions under the supervision of the deputy1
secretary of the Department of Public Safety and Corrections, public safety services,2
or the superintendent of the Louisiana State Police, which are not delineated in this3
Section.4
(2) Nothing in this Subsection shall be construed to preclude the licensing5
entity, in its discretion, from adopting the provisions of this Chapter as policies or6
administrative rules.7
F. If a licensing entity believes that another exemption not provided in this8
Section is necessary in a specific case to protect the public from a clear and9
imminent danger, the entity may seek declaratory relief in district court through a10
judicial order finding that the applicant shall not be issued a provisional or regular11
license because it would pose such a danger.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: