Maryland 2024 Regular Session

Maryland House Bill HB175 Compare Versions

Version 1 (Old)

Version 2 (New)

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		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0175
9	6
10	7		HOUSE BILL 175
11	8		C3, E2 4lr0416
12	9		HB 906/23 – ECM (PRE–FILED) CF SB 54
13	10		By: Delegate Harrison
14	11		Requested: August 2, 2023
15	12		Introduced and read first time: January 10, 2024
16	13		Assigned to: Economic Matters
17		-	Committee Report: Favorable with amendments
18		-	House action: Adopted
19		-	Read second time: March 3, 2024
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Occupational Licensing and Certification – Criminal History – Prohibited 2
26	20		Disclosures and Predetermination Review Process 3
27	21
28	22		FOR the purpose of altering certain provisions of law regarding the prohibition on certain 4
29	23		departments of State government from denying an occupational license or certificate 5
30	24		to an applicant solely on the basis of the criminal history of the applicant by 6
31	25		prohibiting a department from requiring disclosure of certain actions on an 7
32		-	application and establishing a predetermination review process for occupational 8
33		-	licenses and certificates in certain departments of State government; and generally 9
34		-	relating to occupational licensing and certification. 10
	26	+	application and establishing a predetermination review process; and generally 8
	27	+	relating to occupational licensing and certification. 9
35	28
36		-	BY repealing and reenacting, with amendments, 11
37		-	Article – Criminal Procedure 12
38		-	Section 1–209 13
39		-	Annotated Code of Maryland 14
40		-	(2018 Replacement Volume and 2023 Supplement) 15
	29	+	BY repealing and reenacting, with amendments, 10
	30	+	Article – Criminal Procedure 11
	31	+	Section 1–209 12
	32	+	Annotated Code of Maryland 13
	33	+	(2018 Replacement Volume and 2023 Supplement) 14
41	34
42		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
43		-	That the Laws of Maryland read as follows: 17
	35	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
	36	+	That the Laws of Maryland read as follows: 16
44	37
45		-	Article – Criminal Procedure 18
	38	+	Article – Criminal Procedure 17
46	39
47		-	1–209. 19
48		-	2 HOUSE BILL 175
	40	+	1–209. 18
49	41
	42	+	(a) (1) In this section, “department” means: 19
50	43
51		-	(a) ~~(1) In this section,~~ ~~“department” means: 1~~
	44	+	(i) the Department of Agriculture; 20
52	45
53		-	(i) the Department of ~~Agriculture~~; 2
	46	+	(ii) the Department of the Environment; 21
54	47
55		-	(ii) the Department of the Environment; 3
56		-
57		-	(iii) the Maryland Department of Health; 4
58		-
59		-	(iv) the Department of Human Services; 5
60		-
61		-	(v) the Maryland Department of Labor; or 6
62		-
63		-	(vi) the Department of Public Safety and Correctional Services. 7
64		-
65		-	(2) “Department” includes any unit of a department specified in paragraph 8
66		-	(1) of this subsection. 9
67		-
68		-	[(b) This section does not apply to a person who was previously convicted of a crime 10
69		-	of violence, as defined in § 14–101 of the Criminal Law Article.] 11
70		-
71		-	[(c)] (B) It is the policy of the State to encourage the employment of [nonviolent] 12
72		-	ex–offenders and remove barriers to their ability to demonstrate fitness for occupational 13
73		-	licenses or certifications required by the State. 14
74		-
75		-	(C) A DEPARTMENT MAY NOT R EQUIRE AN APPLICANT FOR AN 15
76		-	OCCUPATIONAL LICENSE OR CERTIFICATE TO DI SCLOSE AS A PART OF AN 16
77		-	APPLICATION: 17
78		-
79		-	(1) ANY OF THE FOLLOWING : 18
80		-
81		-	(I) A DEFERRED ADJUDICAT ION; 19
82		-
83		-	(II) PARTICIPATION IN A D IVERSION PROGRAM ; OR 20
84		-
85		-	(III) AN ARREST NOT FOLLOW ED BY A CONVICTION ; 21
86		-
87		-	(2) A CONVICTION FOR WHICH NO TERM OF IMPRISONM ENT MAY BE 22
88		-	IMPOSED; 23
89		-
90		-	(3) A CONVICTION THAT HA S BEEN SEALED , VACATED, DISMISSED, 24
91		-	EXPUNGED, OR PARDONED ; 25
92		-
93		-	(4) AN ADJUDICATION OF A DELINQUENT ACT AS A JUVENILE; 26
94		-
95		-	(5) A CONVICTION FOR A M ISDEMEANOR THAT DID NOT INVOLVE 27
96		-	PHYSICAL HARM TO ANO THER INDIVIDUAL ; 28 HOUSE BILL 175 3
	48	+	(iii) the Maryland Department of Health; 22 2 HOUSE BILL 175
97	49
98	50
99	51
100		-	(6) A CONVICTION FOR WHI CH A PERIOD OF 3 YEARS HAS PASSED 1
101		-	SINCE THE APPLICANT COMPLETED SERVING TH E APPLICANT’S SENTENCE IF THE 2
102		-	SENTENCE DID NOT INC LUDE A TERM OF IMPRI SONMENT; OR 3
	52	+	(iv) the Department of Human Services; 1
103	53
104		-	(7) UNLESS THE CONVICTIO N WAS FOR A CRIME OF V IOLENCE AS 4
105		-	DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, A CONVICTION FOR WHI CH 5
106		-	A PERIOD OF 3 YEARS HAS PASSED SIN CE THE END OF THE IN DIVIDUAL’S TERM OF 6
107		-	IMPRISONMENT . 7
	54	+	(v) the Maryland Department of Labor; or 2
108	55
109		-	(d) [Except as provided in subsection (f) of this section, a] A department may not 8
110		-	deny an occupational license or certificate to an applicant solely on the basis that the 9
111		-	applicant has previously been convicted of a crime, unless the department determines that: 10
	56	+	(vi) the Department of Public Safety and Correctional Services. 3
112	57
113		-	(1) ~~there is~~ a ~~direct relationship between the applicant’s previous 11~~
114		-	~~conviction and the specific occupational license or certificate sought; or 12~~
	58	+	(2) “Department” includes any unit of a department specified in paragraph 4
	59	+	(1) of this subsection. 5
115	60
116		-	(2) the issuance of the license or certificate would involve [an unreasonable 13
117		-	risk to property or to the safety or welfare of specific individuals or the general public] A 14
118		-	DIRECT AND SUBSTANTI AL THREAT TO PUBLIC SAFETY OR SPECIFIC I NDIVIDUALS 15
119		-	OR PROPERTY . 16
	61	+	[(b) This section does not apply to a person who was previously convicted of a crime 6
	62	+	of violence, as defined in § 14–101 of the Criminal Law Article.] 7
120	63
121		-	(e) In making the determination under subsection (d) of this section, the 17
122		-	department shall consider: 18
	64	+	[(c)] (B) It is the policy of the State to encourage the employment of [nonviolent] 8
	65	+	ex–offenders and remove barriers to their ability to demonstrate fitness for occupational 9
	66	+	licenses or certifications required by the State. 10
123	67
124		-	(1) the policy of the State expressed in subsection [(c)] (B) of this section; 19
	68	+	(C) A DEPARTMENT MAY NOT R EQUIRE AN APPLICANT FOR AN 11
	69	+	OCCUPATIONAL LICENSE OR CERTIFICATE TO DI SCLOSE AS A PART OF AN 12
	70	+	APPLICATION: 13
125	71
126		-	(2) the specific duties and responsibilities required of a licensee or 20
127		-	certificate holder; 21
	72	+	(1) ANY OF THE FOLLOWING : 14
128	73
129		-	(3) whether the applicant’s previous conviction has any impact on the 22
130		-	applicant’s fitness or ability to perform the duties and responsibilities authorized by the 23
131		-	license or certificate; 24
	74	+	(I) A DEFERRED ADJUDICAT ION; 15
132	75
133		-	(4) the age of the applicant at the time of the conviction and the amount of 25
134		-	time that has elapsed since the conviction; 26
	76	+	(II) PARTICIPATION IN A D IVERSION PROGRAM ; OR 16
135	77
136		-	(5) ~~the seriousness of the offense for which the applicant was convicted~~; 27
	78	+	(III) AN ARREST NOT FOLLOW ED BY A CONVICTION ; 17
137	79
138		-	(6) ~~THE APPLICANT ’S~~ ~~EDUCATION , TRAINING,~~ ~~AND EMPLOYMENT 28~~
139		-	~~HISTORY BEFORE , DURING, AND AFTER THE APPLIC ANT’S TERM OF IMPRISONME NT~~; 29
	80	+	(2) A CONVICTION FOR WHI CH NO TERM OF IMPRIS ONMENT MAY BE 18
	81	+	IMPOSED; 19
140	82
141		-	(7) WHETHER THE OCCUPATI ONAL LICENSE OR CERT IFICATE 30
142		-	REQUIRES THE APPLICA NT TO BE BONDED ; 31
	83	+	(3) A CONVICTION THAT HA S BEEN SEALED , VACATED, DISMISSED, 20
	84	+	EXPUNGED, OR PARDONED ; 21
	85	+
	86	+	(4) AN ADJUDICATION OF A DELINQUENT ACT AS A JUVENILE; 22
	87	+
	88	+	(5) A CONVICTION FOR A M ISDEMEANOR THAT DID NOT INVOLVE 23
	89	+	PHYSICAL HARM TO ANO THER INDIVIDUAL ; 24
	90	+
	91	+	(6) A CONVICTION FOR WHI CH A PERIOD OF 3 YEARS HAS PASSED 25
	92	+	SINCE THE APPLICANT COMPLETED SERVING THE APPLICANT’S SENTENCE IF THE 26
	93	+	SENTENCE DID NOT INC LUDE A TERM OF IMPRI SONMENT; OR 27
	94	+	HOUSE BILL 175 3
	95	+
	96	+
	97	+	(7) UNLESS THE CONVICTIO N WAS FOR A CRIME OF VIOLENCE AS 1
	98	+	DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE, A CONVICTION FOR WHI CH 2
	99	+	A PERIOD OF 3 YEARS HAS PASSED SIN CE THE END OF THE INDIVIDUAL ’S TERM OF 3
	100	+	IMPRISONMENT . 4
	101	+
	102	+	(d) [Except as provided in subsection (f) of this section, a] A department may not 5
	103	+	deny an occupational license or certificate to an applicant solely on the basis that the 6
	104	+	applicant has previously been convicted of a crime, unless the department determines that: 7
	105	+
	106	+	(1) there is a direct relationship between the applicant’s previous 8
	107	+	conviction and the specific occupational license or certificate sought; or 9
	108	+
	109	+	(2) the issuance of the license or certificate would involve [an unreasonable 10
	110	+	risk to property or to the safety or welfare of specific individuals or the general public] A 11
	111	+	DIRECT AND SUBSTANTI AL THREAT TO PUBLIC SAFETY OR SPECIFIC I NDIVIDUALS 12
	112	+	OR PROPERTY . 13
	113	+
	114	+	(e) In making the determination under subsection (d) of this section, the 14
	115	+	department shall consider: 15
	116	+
	117	+	(1) the policy of the State expressed in subsection [(c)] (B) of this section; 16
	118	+
	119	+	(2) the specific duties and responsibilities required of a licensee or 17
	120	+	certificate holder; 18
	121	+
	122	+	(3) whether the applicant’s previous conviction has any impact on the 19
	123	+	applicant’s fitness or ability to perform the duties and responsibilities authorized by the 20
	124	+	license or certificate; 21
	125	+
	126	+	(4) the age of the applicant at the time of the conviction and the amount of 22
	127	+	time that has elapsed since the conviction; 23
	128	+
	129	+	(5) the seriousness of the offense for which the applicant was convicted; 24
	130	+
	131	+	(6) THE APPLICANT ’S EDUCATION , TRAINING, AND EMPLOYMENT 25
	132	+	HISTORY BEFORE , DURING, AND AFTER THE APPLIC ANT’S TERM OF IMPRISONME NT; 26
	133	+
	134	+	(7) WHETHER THE OCCUPATIONAL LICENSE OR CERTIFICATE 27
	135	+	REQUIRES THE APPLICA NT TO BE BONDED ; 28
	136	+
	137	+	[(6)] (8) other information provided by the applicant or on the applicant’s 29
	138	+	behalf with regard to the applicant’s rehabilitation and good conduct; and 30
	139	+
	140	+	[(7)] (9) the legitimate interest of the department in protecting property 31
	141	+	and the safety and welfare of specific individuals or the general public. 32
143	142		4 HOUSE BILL 175
144	143
145	144
146		-	[(6)] (8) other information provided by the applicant or on the applicant’s 1
147		-	behalf with regard to the applicant’s rehabilitation and good conduct; and 2
	145	+	(f) (1) (I) [This subsection does not apply to a conviction of a crime for 1
	146	+	which registration on the sex offender registry is required under Title 11, Subtitle 7 of this 2
	147	+	article. 3
148	148
149		-	[(7)] (9) the legitimate interest of the department in protecting property 3
150		-	and the safety and welfare of specific individuals or the general public. 4
	149	+	(2) If a period of 7 years or more has passed since an applicant completed 4
	150	+	serving the sentence for a crime, including all imprisonment, mandatory supervision, 5
	151	+	probation, and parole, and the applicant has not been charged with another crime other 6
	152	+	than a minor traffic violation, as defined in § 10–101 of this article, during that time, a 7
	153	+	department may not deny an occupational license or certificate to the applicant solely on 8
	154	+	the basis that the applicant was previously convicted of the crime.] AN INDIVIDUAL MAY 9
	155	+	FILE A REQUEST WITH A DEPARTMENT FOR REV IEW OF THE INDIVIDUA L’S CRIMINAL 10
	156	+	HISTORY TO DETERMINE WHETHER THE INDIVIDU AL’S CRIMINAL HISTORY W OULD 11
	157	+	DISQUALIFY THE INDIV IDUAL FROM OBTAINING THE OCCUPATIO NAL LICENSE OR 12
	158	+	CERTIFICATE BEING SO UGHT. 13
151	159
152		-	(f) (1) (I) [This subsection does not apply to a conviction of a crime for 5
153		-	which registration on the sex offender registry is required under Title 11, Subtitle 7 of this 6
154		-	article. 7
	160	+	(II) THE DETERMINATION OF A DEPARTMENT REGARDI NG 14
	161	+	WHETHER THE OCCUPATI ONAL LICENSE OR CERT IFICATE WOULD BE APP ROVED OR 15
	162	+	DENIED TO THE INDIVI DUAL REQUESTING THE PREDETERMINATION UND ER 16
	163	+	SUBPARAGRAPH (I) OF THIS PARAG RAPH SHALL BE BINDIN G ON THE DEPARTMENT 17
	164	+	UNLESS THERE IS A SU BSEQUENT DIRECT AND MATERIAL ADVERSE CHA NGE TO THE 18
	165	+	INDIVIDUAL’S CRIMINAL HISTORY . 19
155	166
156		-	(2) If a period of 7 years or more has passed since an applicant completed 8
157		-	serving the sentence for a crime, including all imprisonment, mandatory supervision, 9
158		-	probation, and parole, and the applicant has not been charged with another crime other 10
159		-	than a minor traffic violation, as defined in § 10–101 of this article, during that time, a 11
160		-	department may not deny an occupational license or certificate to the applicant solely on 12
161		-	the basis that the applicant was previously convicted of the crime.] AN INDIVIDUAL MAY 13
162		-	FILE A REQUEST WITH A DEPARTMENT FOR REV IEW OF THE INDIVIDUAL ’S CRIMINAL 14
163		-	HISTORY TO DETERMINE WHETHER THE INDIVIDU AL’S CRIMINAL HISTORY W OULD 15
164		-	DISQUALIFY THE INDIV IDUAL FROM OBTAINING THE OCCUPATIONAL LIC ENSE OR 16
165		-	CERTIFICATE BEING SO UGHT. 17
	167	+	(2) IF A DEPARTMENT DETER MINES THAT AN OCCUPA TIONAL 20
	168	+	LICENSE OR CERTIFICA TE WOULD BE DENIED T O THE INDIVIDUAL UN DER 21
	169	+	PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL , IF APPLICABLE, 22
	170	+	ADVISE THE INDIVIDUA L OF ANY ACTION THAT MAY BE TAKEN BY THE INDIVIDUAL 23
	171	+	TO REMEDY THE REASON FOR THE DISQUALIFICA TION. 24
166	172
167		-	(II) THE DETERMINATION OF A DEPARTMENT REGARDI NG 18
168		-	WHETHER THE OCCUPATIONAL LIC ENSE OR CERTIFICATE WOULD BE APPROVED OR 19
169		-	DENIED TO THE INDIVI DUAL REQUESTING THE PREDETERMINATION UND ER 20
170		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE BINDING ON TH E DEPARTMENT 21
171		-	UNLESS THERE IS A SU BSEQUENT DIRECT AND MATERIAL ADVERSE CHA NGE TO THE 22
172		-	INDIVIDUAL’S CRIMINAL HISTORY . 23
	173	+	(3) (I) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 25
	174	+	PREDETERMINATION TO TH E DEPARTMENT THAT MA DE A PREDETERMINATIO N ON 26
	175	+	THE APPROVAL OR DENI AL OF AN OCCUPATIONA L LICENSE OR CERTIFI CATE UNDER 27
	176	+	PARAGRAPH (1) OF THIS SUBSECTION T HAT INCLUDES THE COM PLETION OF ANY 28
	177	+	RECOMMENDED REMEDIAL ACTIONS. 29
173	178
174		-	(2) IF A DEPARTMENT DETER MINES THAT AN OCCUPA TIONAL 24
175		-	LICENSE OR CERTIFICA TE WOULD BE DENIED T O THE INDIVIDUAL UND ER 25
176		-	PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL , IF APPLICABLE, 26
177		-	ADVISE THE INDIVIDUA L OF ANY ACTION THAT MAY BE TAKEN BY THE INDIVID UAL 27
178		-	TO REMEDY THE REASON FOR THE DISQUALIFICA TION. 28
	179	+	(II) AN INDIVIDUAL MAY SUBMIT A REVIS ED REQUEST FOR A 30
	180	+	PREDETERMINATION UND ER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E EARLIER 31
	181	+	OF: 32
179	182
180		-	(3) (I) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 29
181		-	PREDETERMINATION TO THE DEPARTMENT THAT MADE A PREDETERMINAT ION ON 30
182		-	THE APPROVAL OR DENI AL OF AN OCCUPATI ONAL LICENSE OR CERT IFICATE UNDER 31
183		-	PARAGRAPH (1) OF THIS SUBSECTION T HAT INCLUDES THE COM PLETION OF ANY 32
184		-	RECOMMENDED REMEDIAL ACTIONS. 33
	183	+	1. 1 YEAR AFTER THE DATE THE INDIVIDUAL RECEI VED 33
	184	+	THE PREDETERMINATION UNDER PARAGRAPH (1) OF THIS SUBSECTION ; OR 34
185	185
186		-	(II) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 34
187		-	PREDETERMINATION UND ER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E EARLIER 35
188		-	OF: 36
189		-	HOUSE BILL 175 5
190		-
191		-
192		-	1. 1 YEAR AFTER THE DATE THE INDIVIDUAL RECEI VED 1
193		-	THE PREDETERMINATION UNDER PARAGRAPH (1) OF THIS SUBSECTION ; OR 2
194		-
195		-	2. ON COMPLETION OF THE REMEDIAL ACTIONS 3
196		-	RECOMMENDED BY THE D EPARTMENT UNDER PARA GRAPH (2) OF THIS 4
197		-	SUBSECTION. 5
198		-
199		-	(4) (I) A DEPARTMENT MAY CHARG E A CRIMINAL HISTORY REVIEW 6
200		-	FEE TO AN INDIVIDUAL TO CONDUCT A REVIEW UNDER THIS SECTION N OT 7
201		-	EXCEEDING $100. 8
202		-
203		-	(II) THE FEE CHARGED UNDER SUBPARAGRAPH (I) OF THIS 9
204		-	PARAGRAPH SHALL BE W AIVED IF THE INDIVID UAL’S INCOME IS AT OR BE LOW 300% 10
205		-	OF THE FEDERAL POVER TY LEVEL, AS DETERMINED BY THE DISTRICT COURT OF 11
206		-	THE STATE. 12
207		-
208		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
209		-	October 1, 2024. 14
	186	+	2. ON COMPLETION OF TH E REMEDIAL ACTIONS 35
	187	+	RECOMMENDED BY THE D EPARTMENT UNDER PARA GRAPH (2) OF THIS 36
	188	+	SUBSECTION. 37 HOUSE BILL 175 5
210	189
211	190
212	191
	192	+	(4) (I) A DEPARTMENT MAY CHARG E A CRIMINAL HISTORY REVIEW 1
	193	+	FEE TO AN INDIVIDUAL TO CONDUCT A REVIEW UNDER THIS SECTION N OT 2
	194	+	EXCEEDING $100. 3
213	195
	196	+	(II) THE FEE CHARGED U NDER SUBPARAGRAPH (I) OF THIS 4
	197	+	PARAGRAPH SHALL BE W AIVED IF THE INDIVID UAL’S INCOME IS AT OR BE LOW 300% 5
	198	+	OF THE FEDERAL POVER TY LEVEL, AS DETERMINED BY THE DISTRICT COURT OF 6
	199	+	THE STATE. 7
214	200
215		-	Approved:
216		-	________________________________________________________________________________
217		-	Governor.
218		-	________________________________________________________________________________
219		-	Speaker of the House of Delegates.
220		-	________________________________________________________________________________
221		-	President of the Senate.
	201	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
	202	+	October 1, 2024. 9
	203	+