SB 385 — PROFESSIONAL LICENSURE OF CERTAIN FELONS

SENATEAN JUDICIARYACT COMMITTEERELATING SUBSTITUTETO FOREMPLOYMENT; SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 385 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

ItEXPANDING isTHE aLIST toolOF toCRIMINAL showRECORDS theTHAT amendmentsCANNOT inBE contextCONSIDERED andIN isAN notAPPLICATION toFOR bePUBLIC usedEMPLOYMENT, forLICENSE theOR purposeOTHER ofAUTHORITY; amendments.

ANENACTING ACTA hNEW RELATINGSECTION OF CHAPTER 61 NMSA 1978 TO EMPLOYMENT;PROHIBIT THE EXCLUSION FROM PROFESSIONAL LICENSURE OF PERSONS CONVICTED OF CERTAIN FELONIES.

EXPANDING9 THE LIST OF CRIMINAL RECORDS g o THAT CANNOT BE CONSIDEREDIT INENACTED ANBY APPLICATIONTHE FORLEGISLATURE PUBLICOF tTHE hrSTATE gOF eNEW iMEXICO: k EMPLOYMENT, LICENSE OR OTHER AUTHORITY;

ENACTING A NEW SECTION h1. r i s OF CHAPTER 61 NMSA 1978 TO PROHIBIT THE EXCLUSION FROM h , t, PROFESSIONAL LICENSURE OF PERSONS CONVICTED OF CERTAIN e u g e b l e e h FELONIES.

nSection d28-2-3 dNMSA i1978 =(being =Laws o1974, hChapter l78, ]Section b3, ,das iamended) ais ºamended eto BEread: IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

r i = r t e w d m a n o SECTION 1.

Section 28-2-3 NMSA 1978 (being Laws 1974, d m :

b e d s º o t n = .213972.5 s k m e e a n e d r e l u [ A d SJC/SPAC/SB 385 Chapter 78, Section 3, as amended) is amended to read:

A board, department or agency of the state or any of its political subdivisions shall not make an inquiry regardingSJC/SPAC/SB [a385 ]regarding an arrest or conviction on an initial application Page 1 for employment and shall only take into consideration a conviction h after the applicant has been selected as a finalist for the u » r position.

t h g e B.

The following criminal records shall not be l i h r i s used, distributed or disseminated in connection with an h , e h application for any public employment, license or other t u g e b l authority:

e e , gh n d d i = = o h (1) records of arrest not followed by a valid l ] b ,d i a º r conviction;

[and e r = t e w d (2) misdemeanora convictionsconviction notthat involvinghas mbeen asealed, ndismissed, oexpunged dor mpardoned; :

b r e t º o t n = .213972.5 s k m e - 2 - e a n e d r e l u [ A d moral turpitude;] (2) a conviction that has been sealed, dismissed, expunged or pardoned;

SHORT TITLE.--[SectionsTITLE.--Chapter 67-26-1 through 67-26-31 NMSA 1953] Chapter 61, Article 1 NMSA 1978 may be cited as the "Uniform Licensing Act"." SECTION 3.

"[NEW"EXCLUSION MATERIAL] EXCLUSION FROM PROFESSIONAL LICENSURE-- PROHIBITION--EXCEPTIONS.-- A.

A board shall not deny licensure to an individual who is otherwise qualified for licensure on the SJC/SPAC/SB 385 Page 2 sole basis that the individual has been previously arrested for or h convicted of a felony, unless the individual was convicted and g o the conviction was for a crime related to the profession for t hr g e i k which the individual seeks licensure.

h r i s B.

By January 31, 2020, a board shall promulgate h , t, rules relating to licensing requirements to list and shall post e u g e b l e e h on the Sflºboard's regulation and licensing department»Sfl n d d i = = o h Sflº board’s»Sfl website the specific criminal convictions that l ] b ,d i a º e could disqualify an applicant from receiving a license on the r i = r t e w d basis of a previous felony conviction.

A board shall not use mvague aor ngeneric oterms, dsuch mas :"moral turpitude" or "good character".

b e d s º o t n = .213972.5 s k m e - 3 - e a n e d r e l u [ A d SJC/SPAC/SB 385 vague or generic terms, such as "moral turpitude" or "good character".

In any administrative hearing or agency appeal, the board shall carry the burden of proof on the question of whether the applicant's criminal conviction directly relates to the occupation for which the license is sought." -SJC/SPAC/SB 4385 -Page h3 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .213972.5 s k m e e a n e d r e l u [ A d