EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0175*
HOUSE BILL 175
C3, E2 4lr0416
HB 906/23 – ECM (PRE–FILED) CF SB 54
By: Delegate Harrison
Requested: August 2, 2023
Introduced and read first time: January 10, 2024
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 2023 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 175
(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 APPLICANT 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 IMPRIS ONMENT 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 M ISDEMEANOR THAT DID NOT INVOLVE 23
PHYSICAL HARM TO ANO THER INDIVIDUAL ; 24
(6) A CONVICTION FOR WHI CH A PERIOD OF 3 YEARS HAS PASSED 25
SINCE THE APPLICANT COMPLETED SERVING THE APPLICANT’S SENTENCE IF THE 26
SENTENCE DID NOT INC LUDE A TERM OF IMPRI SONMENT; OR 27
HOUSE BILL 175 3
(7) UNLESS THE CONVICTIO N WAS FOR A CRIME 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 I NDIVIDUALS 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 APPLIC ANT’S TERM OF IMPRISONME NT; 26
(7) WHETHER THE OCCUPATIONAL LICENSE OR CERTIFICATE 27
REQUIRES THE APPLICA NT TO BE BONDED ; 28
[(6)] (8) other information provided by the applicant or on the applicant’s 29
behalf 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
4 HOUSE BILL 175
(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 REV IEW OF THE INDIVIDUA L’S CRIMINAL 10
HISTORY TO DETERMINE WHETHER THE INDIVIDU AL’S CRIMINAL HISTORY W OULD 11
DISQUALIFY THE INDIV IDUAL FROM OBTAINING THE OCCUPATIO NAL LICENSE OR 12
CERTIFICATE BEING SO UGHT. 13
(II) THE DETERMINATION OF A DEPARTMENT REGARDI NG 14
WHETHER THE OCCUPATI ONAL LICENSE OR CERT IFICATE WOULD BE APP ROVED OR 15
DENIED TO THE INDIVI DUAL REQUESTING THE PREDETERMINATION UND ER 16
SUBPARAGRAPH (I) OF THIS PARAG RAPH SHALL BE BINDIN G ON THE DEPARTMENT 17
UNLESS THERE IS A SU BSEQUENT DIRECT AND MATERIAL ADVERSE CHA NGE TO THE 18
INDIVIDUAL’S CRIMINAL HISTORY . 19
(2) IF A DEPARTMENT DETER MINES THAT AN OCCUPA TIONAL 20
LICENSE OR CERTIFICA TE WOULD BE DENIED T O THE INDIVIDUAL UN DER 21
PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL , IF APPLICABLE, 22
ADVISE THE INDIVIDUA L OF ANY ACTION THAT MAY BE TAKEN BY THE INDIVIDUAL 23
TO REMEDY THE REASON FOR THE DISQUALIFICA TION. 24
(3) (I) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 25
PREDETERMINATION TO TH E DEPARTMENT THAT MA DE A PREDETERMINATIO N ON 26
THE APPROVAL OR DENI AL OF AN OCCUPATIONA L LICENSE OR CERTIFI CATE UNDER 27
PARAGRAPH (1) OF THIS SUBSECTION T HAT INCLUDES THE COM PLETION OF ANY 28
RECOMMENDED REMEDIAL ACTIONS. 29
(II) AN INDIVIDUAL MAY SUBMIT A REVIS ED REQUEST FOR A 30
PREDETERMINATION UND ER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E EARLIER 31
OF: 32
1. 1 YEAR AFTER THE DATE THE INDIVIDUAL RECEI VED 33
THE PREDETERMINATION UNDER PARAGRAPH (1) OF THIS SUBSECTION ; OR 34
2. ON COMPLETION OF TH E REMEDIAL ACTIONS 35
RECOMMENDED BY THE D EPARTMENT UNDER PARA GRAPH (2) OF THIS 36
SUBSECTION. 37 HOUSE BILL 175 5
(4) (I) A DEPARTMENT MAY CHARG E A CRIMINAL HISTORY REVIEW 1
FEE TO AN INDIVIDUAL TO CONDUCT A REVIEW UNDER THIS SECTION N OT 2
EXCEEDING $100. 3
(II) THE FEE CHARGED U NDER SUBPARAGRAPH (I) OF THIS 4
PARAGRAPH SHALL BE W AIVED IF THE INDIVID UAL’S INCOME IS AT OR BE LOW 300% 5
OF THE FEDERAL POVER TY LEVEL, AS DETERMINED BY THE DISTRICT COURT OF 6
THE STATE. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2024. 9