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)]
HB 503 Original 2019 Regular Session Edmonds
Abstract: Creates the Fresh Start Act of 2019 for inclusion of persons convicted of a crime into the
workforce.
Proposed law creates the Fresh Start Act of 2019 to enable persons with a criminal record to obtain
occupational licenses.
Proposed law provides that no person shall be disqualified from obtaining an occupational license
because he has been convicted of a crime unless the crime is directly related in nature to the chosen
occupation, is a crime of violence, or is a sex offense as defined in present law.
Proposed law requires all state licensing entities to revise licensing provisions, enumerating which
crimes are incompatible with the practice of their trade, and deleting any provision relating to vague
requirements of "good moral character", or similar descriptives.
Proposed law requires a licensing entity to examine factors relating to disqualifying criminal
convictions including the nature and seriousness of the crime, the passage of time since it occurred,
the relationship to of the crime to the objectives of the career, and any evidence of rehabilitation.
Proposed law requires that a person cannot be disqualified because of a criminal record dating back
past five years if he has not been convicted of another crime in the more recent years. Proposed law
allows for a longer period than the five years from the commission of the crime if he was
incarcerated during the period. Proposed law requires that the disqualification cannot last longer than
five years from release.
Proposed law provides the procedure for an individual to apply for consideration of a professional
license. Proposed law requires the individual to disclose details regarding his criminal record and
requires that the licensing entity inform him of the decision within thirty days.
Proposed law allows licensing entities to charge a fee of up to $25 per application.
Proposed law requires that if an entity denies the license application because of a criminal record,
it shall disclose the following to the individual:
(1) The reasons and explanation for the denial or disqualification.
(2)That the individual has the right to a hearing to challenge the decision. (3)The earliest date the individual may reapply for a license.
(4) That evidence of rehabilitation may be considered upon reapplying.
Proposed law requires the licensing entity to thoroughly document why an individual was
disqualified pursuant to a criminal record.
Proposed law allows an applicant to appeal a decision of disqualification in an administrative
hearing. Proposed law requires that the licensing entity shall carry the burden of proof on the
question of whether the applicant's criminal record directly relates to the occupation for which the
license is sought.
Proposed law provides that the provisions of proposed law shall not apply to law enforcement
officers.
Present law, the "Licenses for Ex-Offenders Act", requires any licensing board to consider an
applicant if he has been convicted of a crime and is otherwise qualified for the position. Present law
further provides an exception when the nature of the crime for which an applicant was convicted is
similar or related to the occupation for which he is applying.
Present law provides that a license can be revoked if the licensee is convicted of another felony or
violates any law or rule governing the practice of the field of work. Present law requires a court to
notify the licensing entity upon conviction of a new offense, after which the licensee shall not be
permitted to obtain another license in the same profession.
Present law gives the discretion to the licensing entity on whether or not to ultimately issue a license
to a person convicted of a felony. Present law further provides a list of licensing entities excluded
from the provisions of present law.
Proposed law repeals present law, the "Licenses for Ex-Offenders Act".
Effective Jan. 1, 2020.
(Adds R.S. 37:51-57; Repeals R.S. 37:31-36)