EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 3, 2024
CHAPTER ______
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 for occupational 8
licenses and certificates in certain departments of State government; and generally 9
relating to occupational licensing and certification. 10
BY repealing and reenacting, with amendments, 11
Article – Criminal Procedure 12
Section 1–209 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Criminal Procedure 18
1–209. 19
2 HOUSE BILL 175
(a) (1) In this section, “department” means: 1
(i) the Department of Agriculture; 2
(ii) the Department of the Environment; 3
(iii) the Maryland Department of Health; 4
(iv) the Department of Human Services; 5
(v) the Maryland Department of Labor; or 6
(vi) the Department of Public Safety and Correctional Services. 7
(2) “Department” includes any unit of a department specified in paragraph 8
(1) of this subsection. 9
[(b) This section does not apply to a person who was previously convicted of a crime 10
of violence, as defined in § 14–101 of the Criminal Law Article.] 11
[(c)] (B) It is the policy of the State to encourage the employment of [nonviolent] 12
ex–offenders and remove barriers to their ability to demonstrate fitness for occupational 13
licenses or certifications required by the State. 14
(C) A DEPARTMENT MAY NOT R EQUIRE AN APPLICANT FOR AN 15
OCCUPATIONAL LICENSE OR CERTIFICATE TO DI SCLOSE AS A PART OF AN 16
APPLICATION: 17
(1) ANY OF THE FOLLOWING : 18
(I) A DEFERRED ADJUDICAT ION; 19
(II) PARTICIPATION IN A D IVERSION PROGRAM ; OR 20
(III) AN ARREST NOT FOLLOW ED BY A CONVICTION ; 21
(2) A CONVICTION FOR WHICH NO TERM OF IMPRISONM ENT MAY BE 22
IMPOSED; 23
(3) A CONVICTION THAT HA S BEEN SEALED , VACATED, DISMISSED, 24
EXPUNGED, OR PARDONED ; 25
(4) AN ADJUDICATION OF A DELINQUENT ACT AS A JUVENILE; 26
(5) A CONVICTION FOR A M ISDEMEANOR THAT DID NOT INVOLVE 27
PHYSICAL HARM TO ANO THER INDIVIDUAL ; 28 HOUSE BILL 175 3
(6) A CONVICTION FOR WHI CH A PERIOD OF 3 YEARS HAS PASSED 1
SINCE THE APPLICANT COMPLETED SERVING TH E APPLICANT’S SENTENCE IF THE 2
SENTENCE DID NOT INC LUDE A TERM OF IMPRI SONMENT; OR 3
(7) UNLESS THE CONVICTIO N WAS FOR A CRIME OF V IOLENCE AS 4
DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, A CONVICTION FOR WHI CH 5
A PERIOD OF 3 YEARS HAS PASSED SIN CE THE END OF THE IN DIVIDUAL’S TERM OF 6
IMPRISONMENT . 7
(d) [Except as provided in subsection (f) of this section, a] A department may not 8
deny an occupational license or certificate to an applicant solely on the basis that the 9
applicant has previously been convicted of a crime, unless the department determines that: 10
(1) there is a direct relationship between the applicant’s previous 11
conviction and the specific occupational license or certificate sought; or 12
(2) the issuance of the license or certificate would involve [an unreasonable 13
risk to property or to the safety or welfare of specific individuals or the general public] A 14
DIRECT AND SUBSTANTI AL THREAT TO PUBLIC SAFETY OR SPECIFIC I NDIVIDUALS 15
OR PROPERTY . 16
(e) In making the determination under subsection (d) of this section, the 17
department shall consider: 18
(1) the policy of the State expressed in subsection [(c)] (B) of this section; 19
(2) the specific duties and responsibilities required of a licensee or 20
certificate holder; 21
(3) whether the applicant’s previous conviction has any impact on the 22
applicant’s fitness or ability to perform the duties and responsibilities authorized by the 23
license or certificate; 24
(4) the age of the applicant at the time of the conviction and the amount of 25
time that has elapsed since the conviction; 26
(5) the seriousness of the offense for which the applicant was convicted; 27
(6) THE APPLICANT ’S EDUCATION , TRAINING, AND EMPLOYMENT 28
HISTORY BEFORE , DURING, AND AFTER THE APPLIC ANT’S TERM OF IMPRISONME NT; 29
(7) WHETHER THE OCCUPATI ONAL LICENSE OR CERT IFICATE 30
REQUIRES THE APPLICA NT TO BE BONDED ; 31
4 HOUSE BILL 175
[(6)] (8) other information provided by the applicant or on the applicant’s 1
behalf with regard to the applicant’s rehabilitation and good conduct; and 2
[(7)] (9) the legitimate interest of the department in protecting property 3
and the safety and welfare of specific individuals or the general public. 4
(f) (1) (I) [This subsection does not apply to a conviction of a crime for 5
which registration on the sex offender registry is required under Title 11, Subtitle 7 of this 6
article. 7
(2) If a period of 7 years or more has passed since an applicant completed 8
serving the sentence for a crime, including all imprisonment, mandatory supervision, 9
probation, and parole, and the applicant has not been charged with another crime other 10
than a minor traffic violation, as defined in § 10–101 of this article, during that time, a 11
department may not deny an occupational license or certificate to the applicant solely on 12
the basis that the applicant was previously convicted of the crime.] AN INDIVIDUAL MAY 13
FILE A REQUEST WITH A DEPARTMENT FOR REV IEW OF THE INDIVIDUAL ’S CRIMINAL 14
HISTORY TO DETERMINE WHETHER THE INDIVIDU AL’S CRIMINAL HISTORY W OULD 15
DISQUALIFY THE INDIV IDUAL FROM OBTAINING THE OCCUPATIONAL LIC ENSE OR 16
CERTIFICATE BEING SO UGHT. 17
(II) THE DETERMINATION OF A DEPARTMENT REGARDI NG 18
WHETHER THE OCCUPATIONAL LIC ENSE OR CERTIFICATE WOULD BE APPROVED OR 19
DENIED TO THE INDIVI DUAL REQUESTING THE PREDETERMINATION UND ER 20
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE BINDING ON TH E DEPARTMENT 21
UNLESS THERE IS A SU BSEQUENT DIRECT AND MATERIAL ADVERSE CHA NGE TO THE 22
INDIVIDUAL’S CRIMINAL HISTORY . 23
(2) IF A DEPARTMENT DETER MINES THAT AN OCCUPA TIONAL 24
LICENSE OR CERTIFICA TE WOULD BE DENIED T O THE INDIVIDUAL UND ER 25
PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL , IF APPLICABLE, 26
ADVISE THE INDIVIDUA L OF ANY ACTION THAT MAY BE TAKEN BY THE INDIVID UAL 27
TO REMEDY THE REASON FOR THE DISQUALIFICA TION. 28
(3) (I) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 29
PREDETERMINATION TO THE DEPARTMENT THAT MADE A PREDETERMINAT ION ON 30
THE APPROVAL OR DENI AL OF AN OCCUPATI ONAL LICENSE OR CERT IFICATE UNDER 31
PARAGRAPH (1) OF THIS SUBSECTION T HAT INCLUDES THE COM PLETION OF ANY 32
RECOMMENDED REMEDIAL ACTIONS. 33
(II) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 34
PREDETERMINATION UND ER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E EARLIER 35
OF: 36
HOUSE BILL 175 5
1. 1 YEAR AFTER THE DATE THE INDIVIDUAL RECEI VED 1
THE PREDETERMINATION UNDER PARAGRAPH (1) OF THIS SUBSECTION ; OR 2
2. ON COMPLETION OF THE REMEDIAL ACTIONS 3
RECOMMENDED BY THE D EPARTMENT UNDER PARA GRAPH (2) OF THIS 4
SUBSECTION. 5
(4) (I) A DEPARTMENT MAY CHARG E A CRIMINAL HISTORY REVIEW 6
FEE TO AN INDIVIDUAL TO CONDUCT A REVIEW UNDER THIS SECTION N OT 7
EXCEEDING $100. 8
(II) THE FEE CHARGED UNDER SUBPARAGRAPH (I) OF THIS 9
PARAGRAPH SHALL BE W AIVED IF THE INDIVID UAL’S INCOME IS AT OR BE LOW 300% 10
OF THE FEDERAL POVER TY LEVEL, AS DETERMINED BY THE DISTRICT COURT OF 11
THE STATE. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2024. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.