Adopted

AMENDMENT NO 1 PROPOSED TO

House Bill No. 1284

BY: Representative Baker

AMEND by inserting the following new section after line 106 and renumbering the succeeding sections:

"    SECTION 6.  (1)  On or before July 1, 2019, each licensing authority with established statutory authority or adopted rules that allow that licensing authority to disqualify a person from pursuing or practicing an occupation for which a license is required solely or in part because of a prior conviction of crime shall begin to review its statutory authority and rules in order to propose statutory changes consistent with the following guidelines:

          (a)  Specifically list those criminal convictions that would disqualify a person from receiving a license because the conviction directly relates to the duties and responsibilities of the licensed occupation;

          (b)  Eliminate vague or generic terms, including, but not limited to, "moral turpitude," "good character" and "any felony";

          (c)  Eliminate disqualifications for a person arrested but not convicted;

          (d)  Use a clear and convincing standard of proof in examining the factors to determine whether an applicant with a disqualifying criminal conviction will be denied a license;

          (e)  Make licensing disqualification decisions based on the following factors:

              (i)  The nature and seriousness of the crime for which the individual was convicted;

              (ii)  The passage of time since the commission of the crime;

              (iii)  The relationship of the crime to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the occupation;

              (iv)  Any evidence of rehabilitation or treatment undertaken by an individual that might mitigate against pursuing, practicing or engaging in the occupation; and

              (v)  Regarding felony convictions of a violent or sexual nature, the health and safety of clients and customers served by the occupation;

          (f)  Limit licensing disqualifications to a specific time duration except for crimes of a violent or sexual nature, of no more than five (5) years from the date the individual is released from incarceration.

     (2)  On or before November 1, 2020, those licensing authorities shall submit the information in subsection (1) to the Mississippi Joint Committee on Performance Evaluation and Expenditure Review (PEER).  PEER shall review the submitted information and prepare a report to be submitted to the Legislature no later than December 31, 2020.

     (3)  Notwithstanding any provisions of the laws of the State of Mississippi to the contrary, each licensing authority in the state shall be required to provide the information required in subsection (1) of this section and cooperate with PEER when PEER is making the report to the Legislature."

AMEND title to conform.