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Bill > HB508
GA HB508
Crimes and offenses; orders be served on a respondent within 24 hours of the court's issuance of such order; provide
summary
Introduced
02/21/2023
02/21/2023
In Committee
03/21/2024
03/21/2024
Crossed Over
03/01/2023
03/01/2023
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 the "Georgia First Offender Act" to obtain employment as a fire fighter; 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 cited 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 provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
AI Summary
This bill proposes several changes to occupational licensing laws in Georgia, including:
- Defining "conviction" and "covered misdemeanor" for the purposes of professional licensing decisions.
- Requiring professional licensing boards to consider specific factors when determining if a criminal conviction directly relates to the licensed occupation and poses a substantial risk to public safety. Boards must provide a hearing and written findings if denying a license based on criminal history.
- Allowing individuals to petition licensing boards for a predetermination of their eligibility based on their criminal record before applying for a license.
- Prohibiting boards from considering certain types of criminal records, like arrests without conviction or misdemeanors over 5 years old, when making licensing decisions.
- Requiring licensing boards to include information about their criminal history review process on applications and websites.
- Mandating annual reporting by licensing boards on applications, predeterminations, and criminal history data.
- Making changes to licensing laws for specific professions like pharmacists, educators, and insurance agents.
The bill aims to create a more consistent and fair process for evaluating an applicant's criminal history when making occupational licensing decisions.
Committee Categories
Justice
Sponsors (7)
Mandi Ballinger (R)*,
Mike Cheokas (R)*,
Lauren Daniel (R)*,
Scott Hilton (R)*,
Matt Reeves (R)*,
Darlene Taylor (R)*,
Brian Strickland (R),
Last Action
Senate Passed/Adopted By Substitute (on 03/26/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.legis.ga.gov/legislation/64621 |
BillText | https://www.legis.ga.gov/api/legislation/document/20232024/228163 |
BillText | https://www.legis.ga.gov/api/legislation/document/20232024/215320 |
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