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Bill > SB157
GA SB157
GA SB157Professions and Businesses; preclearance process in the licensing of individuals with criminal records who make an application to or are investigated by certain licensing boards and commissions; create
summary
Introduced
02/13/2023
02/13/2023
In Committee
03/18/2024
03/18/2024
Crossed Over
03/02/2023
03/02/2023
Passed
Dead
03/28/2024
03/28/2024
Introduced Session
2023-2024 Regular Session
Bill Summary
AN ACT To amend Titles 20, 26, 31, 33, and 43 of the Official Code of Georgia Annotated, relating to education, food, drugs, and cosmetics, health, insurance, and professions and businesses, respectively, so as to create a preclearance process in the licensing of individuals with criminal records who make an application to or are investigated by certain licensing boards and commissions; to provide for definitions; to require certain licensing authorities to provide evidence to support adverse licensing decisions based on criminal convictions; to require a hearing prior to denying certain applicants on the basis of an individual's criminal record; to establish findings that shall be made and evidence that shall and shall not be considered prior to refusing to grant certain licenses based on certain criminal convictions; to allow an applicant to submit his or her own criminal record when applying for certain licenses; to provide for reapplication for licensure; to authorize and provide a process and requirements for predetermination decisions; to require certain licensure application information be included in certain applications and posted on a public website; to require certain annual reports concerning certain applications, predeterminations, and conviction records be filed with the Secretary of State; to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide for the reporting of guilty pleas taken under first offender treatment to obtain employment as a firefighter; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to Georgia Crime Information Center, so as to provide for criminal history record information restrictions for certain persons charged with or convicted of certain criminal offenses; to provide that restricted criminal history record information shall be available to criminal justice agencies; to provide for petitions; to provide for criminal history record information restriction for persons granted a pardon for certain offenses; to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offenders, so as to revise the procedure for petitioning for exoneration and discharge when an individual has qualified for sentencing as a first offender; to provide for exceptions to retroactively granting first offender treatment; to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to authorize occupational therapists to perform dry needling as a physical agent modality if certain training and education requirements are met; to provide for definitions; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
AI Summary
This bill creates a preclearance process in the licensing of individuals with criminal records who apply to or are investigated by certain licensing boards and commissions. The key provisions are:
- Defines "conviction" and "covered misdemeanor" for the purposes of the bill.
- Requires licensing boards to justify that it is substantially more likely than not that a criminal record supports an adverse licensing decision, and provides a hearing process before denying a license due to an applicant's criminal record.
- Establishes criteria for boards to consider when determining if a criminal conviction directly relates to a licensed occupation, and prohibits boards from considering certain types of criminal records.
- Creates a predetermination petition process for individuals to request a determination on whether their criminal record will disqualify them from obtaining a license prior to applying.
- Requires boards to include information about the criminal record review process on application forms and websites.
- Mandates annual reporting to the Secretary of State on applications, predeterminations, and conviction records.
- Allows occupational therapists to perform dry needling if they meet certain training and education requirements.
Committee Categories
Justice
Sponsors (6)
Tonya Anderson (D)*,
Russ Goodman (R)*,
Emanuel Jones (D)*,
Randy Robertson (R)*,
Brian Strickland (R)*,
Tyler Smith (R),
Last Action
House Passed/Adopted By Substitute (on 03/28/2024)
Bill Topics
Banking, Finance, and Domestic Commerce
- ‐ Other Commerce
Law, Crime, and Family Issues
- ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing
- ‐ General Law and Crime
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.legis.ga.gov/legislation/64316 | 02/14/2023 |
| BillText | https://www.legis.ga.gov/api/legislation/document/20232024/229367 | 03/29/2024 |
| BillText | https://www.legis.ga.gov/api/legislation/document/20232024/227757 | 03/19/2024 |
| BillText | https://www.legis.ga.gov/api/legislation/document/20232024/218842 | 03/22/2023 |
| BillText | https://www.legis.ga.gov/api/legislation/document/20232024/216917 | 03/03/2023 |
| BillText | https://www.legis.ga.gov/api/legislation/document/20232024/216265 | 03/01/2023 |
| BillText | https://www.legis.ga.gov/api/legislation/document/20232024/214449 | 02/14/2023 |
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