MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Judiciary B

By: Representatives Karriem, Taylor, Scott, Faulkner, Osborne

House Bill 986

AN ACT TO AMEND SECTIONS 73-77-1, 73-77-3, 73-77-5, 73-77-7 AND 73-77-9, MISSISSIPPI CODE OF 1972, TO REVISE THE FRESH START ACT; TO PROVIDE THAT THE FRESH START ACT SHALL SUPERSEDE ANY OTHER PROVISION OF LAW TO THE CONTRARY; TO MAKE TECHNICAL, NONSUBSTANTIVE CHANGES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-77-1, Mississippi Code of 1972, is amended as follows:

     73-77-1.  This chapter shall be known and may be cited as the "Fresh Start Act * * * of 2019."

     SECTION 2.  Section 73-77-3, Mississippi Code of 1972, is amended as follows:

     73-77-3.  Definitions.  As used in this chapter, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:

          (a)  "Criminal record" * * *shall mean means any type of felony or misdemeanor conviction.

          (b)  "Licensing" * * *shall mean means any required training, education * * *, or fee to work in a specific profession.

          (c)  "Licensing authority" * * *shall mean means an agency, examining board, credentialing board * * *, or other * * *office entity with the authority to impose occupational fees or licensing requirements on * * *any a profession.

     SECTION 3.  Section 73-77-5, Mississippi Code of 1972, is amended as follows:

     73-77-5.  * * *Absent applicable state law Notwithstanding any other provision of law to the contrary, no person shall be disqualified from pursuing, practicing * * *, or engaging in any occupation for which a license is required solely or in part because of a prior conviction of a crime, unless the crime for which * * *an applicant the person was convicted directly relates to the duties and responsibilities for the licensed occupation. * * *  The provisions of this section shall not apply to the admission or reinstatement of any person to The Mississippi Bar as an attorney in good standing authorized to practice law.

     SECTION 4.  Section 73-77-7, Mississippi Code of 1972, is amended as follows:

     73-77-7.  (1)  * * *Absent applicable state law Notwithstanding any other provision of law to the contrary, licensing authorities shall not * * *have in any rulemaking for their qualifications for licensure use vague or generic terms including, but not limited to, "moral turpitude," "any felony," and "good character * * *." when promulgating rules and regulations related to the qualifications for licensure.  * * *Absent applicable state law Notwithstanding any other provision of law to the contrary, when promulgating rules and regulations related to the qualifications for licensure, licensing authorities * * *may shall only consider criminal records that are specific and directly related to the duties and responsibilities * * *for of the licensed occupation * * * when evaluating applicants.

     (2)  Notwithstanding any other provision of law to the contrary, the licensing authority shall * * *use apply the clear and convincing standard of proof * * *in when examining the following factors to determine whether * * *an applicant a person with a * * *disqualifying criminal conviction will be denied a license.  Absent applicable state law, the licensing authority shall make its determination based on the following factors criminal record will be disqualified from receiving a license:

          (a)  The nature and seriousness of the crime for which the * * *individual person was convicted;

          (b)  The passage of time since the * * *commission of the crime was committed;

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

          (d)  Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation.

     (3)  All licensing authorities shall meet the requirements listed in subsection (1) * * *by one hundred twenty (120) days after July 1, * * *2019 2020.

     (4)  * * *For licensing authorities, The requirements listed in subsections (1) and (2) shall also apply to any new occupational licenses created after July 1, * * *2019 2020.

 * * * (5)  The licensing authority shall adopt necessary rules for the implementation of this section.

(6)  The provisions of this section shall not apply to the admission or reinstatement of any person to The Mississippi Bar as an attorney in good standing authorized to practice law.

     SECTION 5.  Section 73-77-9, Mississippi Code of 1972, is amended as follows:

     73-77-9.  (1)  * * *Absent applicable state law Notwithstanding any other provision of law to the contrary, * * *an individual a person with a criminal record may petition a licensing authority at any time for a determination of whether the * * *individual's person's criminal record will disqualify * * *the individual that person from obtaining a license.  This petition shall include details on the * * *individual's person's criminal record.  The licensing authority shall inform the individual of his or her standing within thirty (30) days of receiving the petition from the * * * applicant person.  The licensing authority may charge a fee * * *to recoup its costs not to exceed Twenty-five Dollars ($25.00) for each petition.

     (2)  If a licensing authority * * *denies an individual disqualifies a person from receiving a license solely or in part because of the * * *individual's person's * * *prior conviction of a crime criminal record, the licensing authority shall notify the * * *individual person in writing of the following:

          (a)  The grounds and reasons for * * *the denial or disqualification;

          (b)  That the * * *individual person has the right to a hearing to challenge the licensing authority's decision;

          (c)  The earliest date the person may reapply for a license; and

          (d)  That evidence of rehabilitation may be considered upon reapplication.

     (3)  If * * *an applicant's a person's criminal * * *history record * * *does not require a denial of a license under applicable state law, any written determination by the licensing authority that an applicant's criminal conviction is directly related to the duties and responsibilities for the licensed occupation must be documented in written findings for each of the preceding factors under subsection (2) by clear and convincing evidence sufficient for a reviewing court disqualifies a person from receiving a license and the licensing authority determines that the criminal record is directly related to the duties and responsibilities of the licensed occupation, the licensing authority must document its findings in writing sufficient for a reviewing court.

     (4)  In any administrative hearing or civil litigation authorized under this section, the licensing authority shall carry the burden of proof on the question of whether the * * *applicant's person's criminal * * *conviction record directly relates to the * * *occupation for which the license is sought duties and responsibilities of the licensed occupation.

     (5)  The licensing authority shall * * *adopt promulgate the necessary rules and regulations * * *for the implementation to implement the provisions of this section.

     (6)  The provisions of * * *this section shall not apply to the admission or reinstatement of any person to The Mississippi Bar as an attorney in good standing authorized to practice law. the Fresh Start Act shall supersede any other provision of law to the contrary.

     SECTION 6.  This act shall take effect and be in force from and after July 1, 2020.

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