EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0906*
HOUSE BILL 906
C3, E2 3lr2063
CF 3lr2369
By: Delegate Harrison
Introduced and read first time: February 9, 2023
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Occupational Licensing and Certification – Criminal History – Prohibited 2
Disclosures and Predetermination Review Process 3
FOR the purpose of altering certain provisions of law regarding the prohibition on certain 4
departments of State Government from denying an occupational license or certificate 5
to an applicant solely on the basis of the criminal history of the applicant by 6
prohibiting a department from requiring disclosure of certain actions on an 7
application and establishing a predetermination review process; and generally 8
relating to occupational licensing and certification. 9
BY repealing and reenacting, with amendments, 10
Article – Criminal Procedure 11
Section 1–209 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2022 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Criminal Procedure 17
1–209. 18
(a) (1) In this section, “department” means: 19
(i) the Department of Agriculture; 20
(ii) the Department of the Environment; 21
(iii) the Maryland Department of Health; 22
2 HOUSE BILL 906
(iv) the Department of Human Services; 1
(v) the Maryland Department of Labor; or 2
(vi) the Department of Public Safety and Correctional Services. 3
(2) “Department” includes any unit of a department specified in paragraph 4
(1) of this subsection. 5
[(b) This section does not apply to a person who was previously convicted of a crime 6
of violence, as defined in § 14–101 of the Criminal Law Article.] 7
[(c)] (B) It is the policy of the State to encourage the employment of [nonviolent] 8
ex–offenders and remove barriers to their ability to demonstrate fitness for occupational 9
licenses or certifications required by the State. 10
(C) A DEPARTMENT MAY NOT R EQUIRE AN APPL ICANT FOR AN 11
OCCUPATIONAL LICENSE OR CERTIFICATE TO DI SCLOSE AS A PART OF AN 12
APPLICATION: 13
(1) ANY OF THE FOLLOWING : 14
(I) A DEFERRED ADJUDICAT ION; 15
(II) PARTICIPATION IN A D IVERSION PROGRAM ; OR 16
(III) AN ARREST NOT FOLLOW ED BY A CONVICTION ; 17
(2) A CONVICTION FOR WHI CH NO TERM OF IMPRISONMENT MAY BE 18
IMPOSED; 19
(3) A CONVICTION THAT HA S BEEN SEALED , VACATED, DISMISSED, 20
EXPUNGED, OR PARDONED ; 21
(4) AN ADJUDICATION OF A DELINQUENT ACT AS A JUVENILE; 22
(5) A CONVICTION FOR A MISDEMEANOR THAT DID NOT INVOLVE 23
PHYSICAL HARM TO ANO THER INDIVIDUAL ; 24
(6) A CONVICTION FOR WHICH A PERIOD OF 3 YEARS HAS PASSED 25
SINCE THE APPLICANT COMPLETED SERVING TH EIR SENTENCE IF THE SENTENCE 26
DID NOT INCLUDE A TERM OF IMPRISONMENT ; OR 27
HOUSE BILL 906 3
(7) UNLESS THE CONVI CTION WAS FOR A CRIM E OF VIOLENCE AS 1
DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, A CONVICTION FOR WHI CH 2
A PERIOD OF 3 YEARS HAS PASSED SIN CE THE END OF THE INDIVIDUAL’S TERM OF 3
IMPRISONMENT . 4
(d) [Except as provided in subsection (f) of this section, a] A department may not 5
deny an occupational license or certificate to an applicant solely on the basis that the 6
applicant has previously been convicted of a crime, unless the department determines that: 7
(1) there is a direct relationship between the applicant’s previous 8
conviction and the specific occupational license or certificate sought; or 9
(2) the issuance of the license or certificate would involve [an unreasonable 10
risk to property or to the safety or welfare of specific individuals or the general public] A 11
DIRECT AND SUBSTANTI AL THREAT TO PUBLIC SAFETY OR SPECIFIC INDIVIDU ALS 12
OR PROPERTY . 13
(e) In making the determination under subsection (d) of this section, the 14
department shall consider: 15
(1) the policy of the State expressed in subsection [(c)] (B) of this section; 16
(2) the specific duties and responsibilities required of a licensee or 17
certificate holder; 18
(3) whether the applicant’s previous conviction has any impact on the 19
applicant’s fitness or ability to perform the duties and responsibilities authorized by the 20
license or certificate; 21
(4) the age of the applicant at the time of the conviction and the amount of 22
time that has elapsed since the conviction; 23
(5) the seriousness of the offense for which the applicant was convicted; 24
(6) THE APPLICANT’S EDUCATION, TRAINING, AND EMPLOYMENT 25
HISTORY BEFORE, DURING, AND AFTER THE APPLICANT’S TERM OF IMPRISONMENT ; 26
(7) WHETHER THE OCCUPATIONAL LICENSE OR CERTIFICAT E 27
REQUIRES THE APPLICANT TO BE BONDED; 28
(8) other information provided by the applicant or on the applicant’s behalf 29
with regard to the applicant’s rehabilitation and good conduct; and 30
[(7)] (9) the legitimate interest of the department in protecting property 31
and the safety and welfare of specific individuals or the general public. 32
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(f) (1) (I) [This subsection does not apply to a conviction of a crime for 1
which registration on the sex offender registry is required under Title 11, Subtitle 7 of this 2
article. 3
(2) If a period of 7 years or more has passed since an applicant completed 4
serving the sentence for a crime, including all imprisonment, mandatory supervision, 5
probation, and parole, and the applicant has not been charged with another crime other 6
than a minor traffic violation, as defined in § 10–101 of this article, during that time, a 7
department may not deny an occupational license or certificate to the applicant solely on 8
the basis that the applicant was previously convicted of the crime.] AN INDIVIDUAL MAY 9
FILE A REQUEST WITH A DEPARTMENT FOR REVIEW OF THE INDIVIDUAL’S CRIMINAL 10
HISTORY TO DETERMINE WHETHER THE INDIVIDU AL’S CRIMINAL HISTORY WOULD 11
DISQUALIFY THE INDIV IDUAL FROM OBTAINING THE OCCUPATIONAL LICENSE OR 12
CERTIFICATE BEING SOUGHT . 13
(II) THE DETERMINATION OF A D EPARTMENT REGARDING 14
WHETHER THE OCCUPATIONAL LICENSE OR CERTIFICAT E WOULD BE APPROVED OR 15
DENIED TO THE INDIVI DUAL REQUESTING THE PREDETERMINATION UNDER 16
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE BINDING ON THE DEPAR TMENT 17
UNLESS THERE IS A SUBSEQUENT DIRECT AND MATERIAL ADVERSE CHA NGE TO THE 18
INDIVIDUAL’S CRIMINAL HISTORY. 19
(2) IF A DEPARTMENT DETERMINES THAT AN OCCUPATIONAL 20
LICENSE OR CERTIFICA TE WOULD BE DENIED TO THE IND IVIDUAL UNDER 21
PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL, IF APPLICABLE, 22
ADVISE THE INDIVIDUAL OF ANY ACTION THAT MAY BE TAKEN BY THE INDIVIDUAL 23
TO REMEDY THE REASON FOR THE DISQUALIFICATION . 24
(3) (I) AN INDIVIDUAL MAY SUBMIT A REVISED REQUEST FOR A 25
PREDETERMINATION TO THE DEPARTMENT THAT MADE A PREDETER MINATION ON 26
THE APPROVAL OR DENIAL OF AN OCCU PATIONAL LICENSE OR CERTIFICATE UNDER 27
PARAGRAPH (1) OF THIS SUBSECTION THAT INCLUDES THE COMPLETION OF ANY 28
RECOMMENDED REMEDIAL ACTIONS. 29
(II) AN INDIVIDUAL MAY SUBMIT A REVISED REQUEST FOR A 30
PREDETERMINATION UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH THE EARLIER 31
OF: 32
1. ONE YEAR FROM THE DATE THE IN DIVIDUAL 33
RECEIVED THE PREDETE RMINATION UNDER PARAGRAPH (1) OF THIS SUBSECTION ; 34
OR 35
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2. ON COMPLETION OF THE REMEDIAL ACTIONS 1
RECOMMENDED BY THE D EPARTMENT UNDER PARA GRAPH (2) OF THIS 2
SUBSECTION. 3
(4) (I) A DEPARTMENT MAY CHARGE A CRIMINAL HISTORY REV IEW 4
FEE TO A N INDIVIDUAL TO CONDUCT A REVIEW UNDER THIS SECTION NOT 5
EXCEEDING $100. 6
(II) THE FEE CHARGED UNDER SUBPARAGRAPH (I) OF THIS 7
PARAGRAPH SHALL BE W AIVED IF THE INDIVIDUAL’S INCOME IS AT OR BELO W 300% 8
OF THE FEDERAL POVER TY LEVEL, AS DETERMINED BY THE DISTRICT COURT OF TH E 9
STATE. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act sh all take effect 11
October 1, 2023. 12