Maryland 2023 Regular Session

Maryland House Bill HB906 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0906
6	6
7	7	HOUSE BILL 906
8	8	C3, E2 3lr2063
9	9	CF 3lr2369
10	10	By: Delegate Harrison
11	11	Introduced and read first time: February 9, 2023
12	12	Assigned to: Economic Matters
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Occupational Licensing and Certification – Criminal History – Prohibited 2
19	19	Disclosures and Predetermination Review Process 3
20	20
21	21	FOR the purpose of altering certain provisions of law regarding the prohibition on certain 4
22	22	departments of State Government from denying an occupational license or certificate 5
23	23	to an applicant solely on the basis of the criminal history of the applicant by 6
24	24	prohibiting a department from requiring disclosure of certain actions on an 7
25	25	application and establishing a predetermination review process; and generally 8
26	26	relating to occupational licensing and certification. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Criminal Procedure 11
30	30	Section 1–209 12
31	31	Annotated Code of Maryland 13
32	32	(2018 Replacement Volume and 2022 Supplement) 14
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
35	35	That the Laws of Maryland read as follows: 16
36	36
37	37	Article – Criminal Procedure 17
38	38
39	39	1–209. 18
40	40
41	41	(a) (1) In this section, “department” means: 19
42	42
43	43	(i) the Department of Agriculture; 20
44	44
45	45	(ii) the Department of the Environment; 21
46	46
47	47	(iii) the Maryland Department of Health; 22
48	48	2 HOUSE BILL 906
49	49
50	50
51	51	(iv) the Department of Human Services; 1
52	52
53	53	(v) the Maryland Department of Labor; or 2
54	54
55	55	(vi) the Department of Public Safety and Correctional Services. 3
56	56
57	57	(2) “Department” includes any unit of a department specified in paragraph 4
58	58	(1) of this subsection. 5
59	59
60	60	[(b) This section does not apply to a person who was previously convicted of a crime 6
61	61	of violence, as defined in § 14–101 of the Criminal Law Article.] 7
62	62
63	63	[(c)] (B) It is the policy of the State to encourage the employment of [nonviolent] 8
64	64	ex–offenders and remove barriers to their ability to demonstrate fitness for occupational 9
65	65	licenses or certifications required by the State. 10
66	66
67	67	(C) A DEPARTMENT MAY NOT R EQUIRE AN APPL ICANT FOR AN 11
68	68	OCCUPATIONAL LICENSE OR CERTIFICATE TO DI SCLOSE AS A PART OF AN 12
69	69	APPLICATION: 13
70	70
71	71	(1) ANY OF THE FOLLOWING : 14
72	72
73	73	(I) A DEFERRED ADJUDICAT ION; 15
74	74
75	75	(II) PARTICIPATION IN A D IVERSION PROGRAM ; OR 16
76	76
77	77	(III) AN ARREST NOT FOLLOW ED BY A CONVICTION ; 17
78	78
79	79	(2) A CONVICTION FOR WHI CH NO TERM OF IMPRISONMENT MAY BE 18
80	80	IMPOSED; 19
81	81
82	82	(3) A CONVICTION THAT HA S BEEN SEALED , VACATED, DISMISSED, 20
83	83	EXPUNGED, OR PARDONED ; 21
84	84
85	85	(4) AN ADJUDICATION OF A DELINQUENT ACT AS A JUVENILE; 22
86	86
87	87	(5) A CONVICTION FOR A MISDEMEANOR THAT DID NOT INVOLVE 23
88	88	PHYSICAL HARM TO ANO THER INDIVIDUAL ; 24
89	89
90	90	(6) A CONVICTION FOR WHICH A PERIOD OF 3 YEARS HAS PASSED 25
91	91	SINCE THE APPLICANT COMPLETED SERVING TH EIR SENTENCE IF THE SENTENCE 26
92	92	DID NOT INCLUDE A TERM OF IMPRISONMENT ; OR 27
93	93	HOUSE BILL 906 3
94	94
95	95
96	96	(7) UNLESS THE CONVI CTION WAS FOR A CRIM E OF VIOLENCE AS 1
97	97	DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, A CONVICTION FOR WHI CH 2
98	98	A PERIOD OF 3 YEARS HAS PASSED SIN CE THE END OF THE INDIVIDUAL’S TERM OF 3
99	99	IMPRISONMENT . 4
100	100
101	101	(d) [Except as provided in subsection (f) of this section, a] A department may not 5
102	102	deny an occupational license or certificate to an applicant solely on the basis that the 6
103	103	applicant has previously been convicted of a crime, unless the department determines that: 7
104	104
105	105	(1) there is a direct relationship between the applicant’s previous 8
106	106	conviction and the specific occupational license or certificate sought; or 9
107	107
108	108	(2) the issuance of the license or certificate would involve [an unreasonable 10
109	109	risk to property or to the safety or welfare of specific individuals or the general public] A 11
110	110	DIRECT AND SUBSTANTI AL THREAT TO PUBLIC SAFETY OR SPECIFIC INDIVIDU ALS 12
111	111	OR PROPERTY . 13
112	112
113	113	(e) In making the determination under subsection (d) of this section, the 14
114	114	department shall consider: 15
115	115
116	116	(1) the policy of the State expressed in subsection [(c)] (B) of this section; 16
117	117
118	118	(2) the specific duties and responsibilities required of a licensee or 17
119	119	certificate holder; 18
120	120
121	121	(3) whether the applicant’s previous conviction has any impact on the 19
122	122	applicant’s fitness or ability to perform the duties and responsibilities authorized by the 20
123	123	license or certificate; 21
124	124
125	125	(4) the age of the applicant at the time of the conviction and the amount of 22
126	126	time that has elapsed since the conviction; 23
127	127
128	128	(5) the seriousness of the offense for which the applicant was convicted; 24
129	129
130	130	(6) THE APPLICANT’S EDUCATION, TRAINING, AND EMPLOYMENT 25
131	131	HISTORY BEFORE, DURING, AND AFTER THE APPLICANT’S TERM OF IMPRISONMENT ; 26
132	132
133	133	(7) WHETHER THE OCCUPATIONAL LICENSE OR CERTIFICAT E 27
134	134	REQUIRES THE APPLICANT TO BE BONDED; 28
135	135
136	136	(8) other information provided by the applicant or on the applicant’s behalf 29
137	137	with regard to the applicant’s rehabilitation and good conduct; and 30
138	138
139	139	[(7)] (9) the legitimate interest of the department in protecting property 31
140	140	and the safety and welfare of specific individuals or the general public. 32
141	141	4 HOUSE BILL 906
142	142
143	143
144	144	(f) (1) (I) [This subsection does not apply to a conviction of a crime for 1
145	145	which registration on the sex offender registry is required under Title 11, Subtitle 7 of this 2
146	146	article. 3
147	147
148	148	(2) If a period of 7 years or more has passed since an applicant completed 4
149	149	serving the sentence for a crime, including all imprisonment, mandatory supervision, 5
150	150	probation, and parole, and the applicant has not been charged with another crime other 6
151	151	than a minor traffic violation, as defined in § 10–101 of this article, during that time, a 7
152	152	department may not deny an occupational license or certificate to the applicant solely on 8
153	153	the basis that the applicant was previously convicted of the crime.] AN INDIVIDUAL MAY 9
154	154	FILE A REQUEST WITH A DEPARTMENT FOR REVIEW OF THE INDIVIDUAL’S CRIMINAL 10
155	155	HISTORY TO DETERMINE WHETHER THE INDIVIDU AL’S CRIMINAL HISTORY WOULD 11
156	156	DISQUALIFY THE INDIV IDUAL FROM OBTAINING THE OCCUPATIONAL LICENSE OR 12
157	157	CERTIFICATE BEING SOUGHT . 13
158	158
159	159	(II) THE DETERMINATION OF A D EPARTMENT REGARDING 14
160	160	WHETHER THE OCCUPATIONAL LICENSE OR CERTIFICAT E WOULD BE APPROVED OR 15
161	161	DENIED TO THE INDIVI DUAL REQUESTING THE PREDETERMINATION UNDER 16
162	162	SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE BINDING ON THE DEPAR TMENT 17
163	163	UNLESS THERE IS A SUBSEQUENT DIRECT AND MATERIAL ADVERSE CHA NGE TO THE 18
164	164	INDIVIDUAL’S CRIMINAL HISTORY. 19
165	165
166	166	(2) IF A DEPARTMENT DETERMINES THAT AN OCCUPATIONAL 20
167	167	LICENSE OR CERTIFICA TE WOULD BE DENIED TO THE IND IVIDUAL UNDER 21
168	168	PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL, IF APPLICABLE, 22
169	169	ADVISE THE INDIVIDUAL OF ANY ACTION THAT MAY BE TAKEN BY THE INDIVIDUAL 23
170	170	TO REMEDY THE REASON FOR THE DISQUALIFICATION . 24
171	171
172	172	(3) (I) AN INDIVIDUAL MAY SUBMIT A REVISED REQUEST FOR A 25
173	173	PREDETERMINATION TO THE DEPARTMENT THAT MADE A PREDETER MINATION ON 26
174	174	THE APPROVAL OR DENIAL OF AN OCCU PATIONAL LICENSE OR CERTIFICATE UNDER 27
175	175	PARAGRAPH (1) OF THIS SUBSECTION THAT INCLUDES THE COMPLETION OF ANY 28
176	176	RECOMMENDED REMEDIAL ACTIONS. 29
177	177
178	178	(II) AN INDIVIDUAL MAY SUBMIT A REVISED REQUEST FOR A 30
179	179	PREDETERMINATION UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH THE EARLIER 31
180	180	OF: 32
181	181
182	182	1. ONE YEAR FROM THE DATE THE IN DIVIDUAL 33
183	183	RECEIVED THE PREDETE RMINATION UNDER PARAGRAPH (1) OF THIS SUBSECTION ; 34
184	184	OR 35
185	185	HOUSE BILL 906 5
186	186
187	187
188	188	2. ON COMPLETION OF THE REMEDIAL ACTIONS 1
189	189	RECOMMENDED BY THE D EPARTMENT UNDER PARA GRAPH (2) OF THIS 2
190	190	SUBSECTION. 3
191	191
192	192	(4) (I) A DEPARTMENT MAY CHARGE A CRIMINAL HISTORY REV IEW 4
193	193	FEE TO A N INDIVIDUAL TO CONDUCT A REVIEW UNDER THIS SECTION NOT 5
194	194	EXCEEDING $100. 6
195	195
196	196	(II) THE FEE CHARGED UNDER SUBPARAGRAPH (I) OF THIS 7
197	197	PARAGRAPH SHALL BE W AIVED IF THE INDIVIDUAL’S INCOME IS AT OR BELO W 300% 8
198	198	OF THE FEDERAL POVER TY LEVEL, AS DETERMINED BY THE DISTRICT COURT OF TH E 9
199	199	STATE. 10
200	200
201	201	SECTION 2. AND BE IT FURTHER ENACTED, That this Act sh all take effect 11
202	202	October 1, 2023. 12