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Regular Session, 2014
HOUSE BILL NO. 911
BY REPRESENTATIVE LEGER
LICENSING: Provides relative to provisional occupational licenses for ex-offenders
AN ACT1
To enact Chapter 1-B of Title 37 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 37:24 through 28, relative to occupational licenses for persons convicted of3
certain offenses; to permit persons convicted of certain offenses to apply for and hold4
provisional or regular licenses; to provide for severability; to provide certain persons5
convicted of certain crimes to apply and qualify for certain occupational licenses; to6
provide for exceptions; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Chapter 1-B of Title 37 of the Louisiana Revised Statutes of 1950,9
comprised of R.S. 37:24 through 28, is hereby enacted to read as follows: 10
CHAPTER 1-B. PROVISIONAL LICENSES FOR EX-OFFENDERS11
§24. Short title12
This Chapter shall be known and may be cited as the "Provisional Licenses13
for Ex-Offenders Act".14
§25. Provisional license; qualifications15
Notwithstanding any provision of law or rule adopted and promulgated by16
any state department, agency, board, commission, or authority to the contrary, unless17
an applicant has been convicted of an offense described in R.S. 37:27, an entity18
issuing occupational licenses pursuant to state law shall issue either of the following19
to an otherwise qualified applicant who has been convicted of an offense:20 HLS 14RS-1385 ORIGINAL
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(1) The license for which the applicant applied should the applicant meet all1
other requirements of the licensing qualifications except those pertaining to former2
offenses.3
(2) A provisional license for which the applicant applied should the applicant4
meet all other requirements of the licensing qualifications.5
§26. Provisional license; issuance; revocation6
A. A provisional license issued pursuant to R.S. 37:25(2) shall be valid for7
a term between ninety and three hundred and sixty days.8
B. The licensing entity may revoke the provisional license if the holder does9
any of the following:10
(1) Commits a new offense.11
(2) Commits an act or omission that causes the provisional license holder's12
community supervision, mandatory supervision, or parole to be revoked, if13
applicable.14
(3) Violates the law or rules governing the practice of the occupation for15
which the provisional license was issued.16
C.(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 probation or parole department to which the19
person reports.20
(2) The licensing entity shall notify the probation or parole department and21
court in which the holder's offense was adjudicated that a provisional license has22
been issued.23
(3) A probation or parole department shall notify a licensing entity of a24
person who holds a provisional license issued pursuant to this Chapter if the holder's25
community supervision is revoked during the term of the provisional license.26
(4) A court shall notify the licensing entity if the person is charged with a27
new offense.28 HLS 14RS-1385 ORIGINAL
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D.(1) If a person was convicted of an offense that involved robbery,1
residential burglary, or a home invasion of any kind within the ten years prior to the2
offender's application for a license pursuant to this Chapter for an occupation in3
which a licensee regularly enters private residences, any provisional license issued4
shall include a condition that the person only work under the accompanying5
supervision of another licensed individual who has no criminal record. The6
supervising individual shall accompany the holder in all home visits and shall sign7
a verifying affidavit.8
(2) If the person was convicted of an offense that involved robbery,9
residential burglary, or a home invasion of any kind more than the ten years before10
the application is made, then the conditions of Paragraph (1) of this Subsection shall11
be at the discretion of the licensing entity.12
(3) A nonprovisional license issued pursuant to this Chapter may include the13
provisions of Paragraphs (1) and (2) of this Subsection as long as the licensing entity14
determines it is warranted.15
E. The licensing entity may set a time limitation of not more than two years16
having passed since an applicant's last conviction provided that, if the person is17
incarcerated, they may be denied a provisional license even if the waiting period has18
elapsed.19
F. The licensing entity shall issue the license for which the applicant20
originally applied to the provisional license holder on the expiration of the21
provisional license term if the holder does not engage in conduct described in22
Subsection C of this Section.23
G. If the licensing entity revokes a provisional license pursuant to Subsection24
C of this Section, the provisional license holder shall not be entitled to receive25
another provisional license or regular license for which the applicant originally26
applied, even if otherwise qualified. The ability of such a person to subsequently27
obtain another such license in the future is within the sole discretion of the issuing28
agency.29 HLS 14RS-1385 ORIGINAL
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H. Nothing in this Chapter shall be implicityly interpreted to preclude an1
agency from exercising its existing discretion to issue a license to individuals not2
covered under this Section, except where precluded by another law.3
§27. Exemptions4
A. A person convicted of homicide, aggravated violent felony offense,5
felony sex offense, or kidnaping shall not be eligible for licenses pursuant to this6
Chapter.7
B. This Chapter shall not apply to a person convicted of an offense involving8
fraud if the licensed occupation is one in which the licensee owes a fiduciary duty9
to a client.10
C. This Chapter shall not apply to any occupation where the licensee would11
be supervising children or individuals who lack mental capacity without another12
licensee in the room at all times.13
D. This Chapter shall not apply to any initial or renewal license application14
where the applicant was convicted or committing an offense in the course of15
performing the duties of the occupation or substantially similar occupation.16
E. If a licensing entity believe that another exemption not provided herein17
is necessary in a specific case to protect the public from a clear and imminent18
danger, the entity may seek declaratory relief in district court through a judicial order19
finding that the applicant should not be issued a regular or provisional license20
becasuse it would pose such a danger.21
§28. Severability22
If any provision of this Chapter or the application thereof is held invalid, such23
invalidity shall not affect other provisions or applications of this Chapter which can24
be given effect without the invalid provisions or applications.25
Section 2. If any provision of this Act or the application thereof is held invalid, such26
invalidity shall not affect other provisions or applications of this Act which can be given27
effect without the invalid provisions or applications, and to this end the provisions of this28
Act are hereby declared severable.29 HLS 14RS-1385 ORIGINAL
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Section 3. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Leger HB No. 911
Abstract: Provides for the issuance of occupational licenses for offenders.
Proposed law provides for occupational licenses and provisional occupational licenses to be
issued to certain ex-offenders.
Proposed law provides for the method by which occupational licenses and provisional
occupational licenses are to be issued to certain ex-offenders.
Proposed law provides for general terms of occupational licenses and provisional
occupational licenses issued to certain ex-offenders.
Proposed law provides for grounds for which occupational licenses and provisional
occupational licenses issued to certain ex-offenders can be revoked.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 37:24-28)