HB650: HB650 Presidential Felon Freedom Act; enact

25 LC 55 0417 House Bill 650 By: Representatives Bell of the 75th, Gilliard of the 162nd, Paris of the 142nd, Jones of the 60th, Westbrook of the 163rd, and others A BILL TO BE ENTITLED AN ACT To amend Titles 15, 43, 44, and 45 of the Official Code of Geor gia Annotated, relating to1 courts, professions and businesses, property, and public officers and employees, respectively,2 so as to restore certain rights of individuals with criminal histories; to repeal the prohibition3 on felons serving on juries; to repeal the prohibition on felon s serving on grand juries; to4 provide exceptions; to revise the grounds for the refusal to gr ant and revocation of5 professional licenses; to revise the grounds for the revocation or suspension of an auctioneer6 license; to revise the grounds for the suspension, revocation, or cancellation of a license or7 certificate of electrical contractors, plumbers, conditioned ai r contractors, low-voltage8 contractors, and utility contractors; to prohibit persons from refusing to lease residential9 dwellings to individuals based on such individuals' criminal histories; to revise the grounds10 for the denial of a notary public application; to provide for conforming changes; to provide11 an effective date; to provide a short title; to provide for related matters; to repeal conflicting12 laws; and for other purposes.13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 H. B. 650 - 1 - 25 LC 55 0417 PART I15 SECTION 1-1.16 This Act shall be known and may be cited as the "Presidential Felon Freedom Act."17 PART II18 SECTION 2-1.19 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising20 Code Section 15-12-40, relating to ineligibility to serve as a trial juror, as follows:21 "15-12-40.22 Any person who has been convicted of a felony in a state or federal court who has not had23 his or her civil rights restored and any person who has been judicially determined to be24 mentally incompetent shall not be eligible to serve as a trial juror."25 SECTION 2-2.26 Said title is further amended in Code Section 15-12-40.1, relating to state-wide master jury27 list, driver's license information, list of registered voters, and random list of persons to28 comprise venire, by revising subsections (b), (f), and (g) as follows:29 "(b) On and after July 1, 2017, upon the council's request, the Department of Driver30 Services shall provide the council data showing the full name o f all persons who are at31 least 18 years of age and residents of this state who have been issued a driver's license or32 personal identification card pursuant to Chapter 5 of Title 40. In addition to the person's33 full name, the Department of Driver Services shall include the person's address, city of34 residence, date of birth, gender, driver's license or personal identification card number, and,35 whenever racial information is collected by the Department of D river Services, racial36 information. The Department of Driver Services shall provide the document issue date and37 H. B. 650 - 2 - 25 LC 55 0417 document expiration date; shall indicate whether the document i s a driver's license or a38 personal an identification card; and shall exclude persons whose driver's license has been39 suspended or revoked due to a felony conviction, whose driver's license has been expired40 for more than 730 days, or who have been identified as not being citizens of the Unite d41 States. Such data shall also include a secure unique identifier, determined according to the42 specifications of the council in consultation with the Department of Driver Services, which43 shall be a representation of the last four digits of the social security number associated with44 each driver's license or personal identification card holder. The council shall provide the45 Department of Driver Services with the software required to generate such secure unique46 identifier. The Department of Driver Services shall also provide the names and identifying47 information specified by this subsection of persons convicted i n this state or in another48 state of driving without a license. Such data shall be in electronic format as required by the49 council."50 "(f) On and after July 1, 2017, upon request by the council, the Department of Corrections51 shall provide to the council, without cost, data showing a list of the names of all persons52 who have been convicted of a felony in this state. In addition to the convicted person's full53 name, the data shall include the person's address, including the county of residence and ZIP54 Code, date of birth, gender, and, when such information is available, the convicted person's55 race. Such data shall also include a secure unique identifier, determined according to the56 specifications of the council in consultation with the Departme nt of Corrections, which57 shall be a representation of the last four digits of the social security number associated with58 each convicted person. The council shall provide the Department of Corrections with the59 software required to generate such secure unique identifier. Such data shall be in electronic60 format as required by the council Reserved.61 (g) On and after July 1, 2017, upon request by the council, the State Board of Pardons and62 Paroles shall provide to the council, without cost, data showin g a list of the names of all63 persons who have had his or her civil rights restored. In addition to the person's full name,64 H. B. 650 - 3 - 25 LC 55 0417 the data shall include the person's address, including the county of residence and ZIP Code,65 date of birth, gender, and, when such information is available, the person's race. Such data66 shall also include a secure unique identifier, determined according to the specifications of67 the council in consultation with the State Board of Pardons and Paroles, which shall be a68 representation of the last four digits of the social security n umber associated with each69 person. The council shall provide the State Board of Pardons and Paroles with the software70 required to generate such secure unique identifier. Such data shall be in electronic format71 as required by the council Reserved."72 SECTION 2-3.73 Said title is further amended in Code Section 15-12-60, relatin g to qualifications of grand74 jurors and impact of ineligibility, by revising subsection (c) as follows:75 "(c) The following individuals shall not be eligible to serve as a grand juror:76 (1) Any individual who has been convicted of a felony in a state or federal court who has77 not had his or her civil rights restored;78 (2) Any individual who has been judicially determined to be mentally incompetent shall79 not be eligible to serve as a grant juror;80 (3) Any individual charged with a felony offense and who is in a pretrial release81 program, a pretrial release and diversion program, or a pretrial intervention and diversion82 program, as provided for in Article 4 of Chapter 18 of Title 15 or Article 4 of Chapter 383 of Title 42 or pursuant to Uniform Superior Court Rule 27, a similar diversion program84 from another state, or a similar federal court diversion program for a felony offense;85 (4) Any individual sentenced for a felony offense pursuant to Code Section 16-13-2 who86 has not completed the terms of his or her sentence;87 (5) Any individual serving a sentence for a felony offense pur suant to Article 3 of88 Chapter 8 of Title 42 or serving a first offender sentence for a felony offense pursuant to89 another state's law; and90 H. B. 650 - 4 - 25 LC 55 0417 (6) Any individual who is participating in a drug court divisi on, mental health court91 division, veterans court division, a similar court program from another state, or a similar92 federal court program for a felony offense."93 SECTION 2-4.94 Said title is further amended in Code Section 15-12-163, relati ng to challenges for cause,95 hearing of evidence, and when objection made be had to a juror, by revising subsection (b)96 as follows:97 "(b) The state or the accused may make any of the following objections to the juror:98 (1) That the juror is not a citizen, resident in the county;99 (2) That the juror is under 18 years of age;100 (3) That the juror is incompetent to serve because of mental i llness or intellectual101 disability, or that the juror is intoxicated;102 (4) That the juror is so near of kin to the prosecutor, the ac cused, or the victim as to103 disqualify the juror by law from serving on the jury; or104 (5) That the juror has been convicted of a felony in a federal court or any court of a state105 of the United States and the juror's civil rights have not been restored; or106 (6) That the juror is unable to communicate in the English language."107 PART III108 SECTION 3-1.109 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,110 is amended in Code Section 43-1-19, relating to refusal to gran t, revocation, and111 reinstatement of licenses by professional licensing boards, sur render, and probationary112 license, by revising paragraphs (3) and (4) of subsection (a) and subsection (q) as follows:113 H. B. 650 - 5 - 25 LC 55 0417 "(3) Been convicted of any felony or of any crime involving moral turpitude in the courts114 of this state or any other state, territory, or country or in the courts of the United States;115 as used in this paragraph, paragraph (4) of this subsection, and subsection (q) of this Code116 section, the term 'felony' shall include any offense which, if committed in this state,117 would be deemed a felony, without regard to its designation elsewhere; and, as used in118 this paragraph and subsection (q) of this Code section, the term 'conviction' shall include119 a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the120 conviction has been sought Reserved;121 (4)(A) Been arrested, charged, and sentenced for the commission of any felony, or any122 crime involving moral turpitude, when:123 (i) A sentence for such offense was imposed pursuant to Articl e 3 of Chapter 8 of124 Title 42 or another state's first offender laws;125 (ii) A sentence for such offense was imposed pursuant to subse ction (a) or (c) of126 Code Section 16-13-2;127 (iii) A sentence for such offense was imposed as a result of a plea of nolo contendere;128 or129 (iv) An adjudication of guilt or sentence was otherwise withheld or not entered on the130 charge.131 (B) An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2,132 Article 3 of Chapter 8 of Title 42, or another state's first offender treatment order shall133 be conclusive evidence of an arrest and sentencing for such offense Reserved;"134 "(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or135 any other provision of law, and unless Unless a felony or crime involving moral turpitude136 directly relates to the occupation for which the license is sought or held, no professional137 licensing board shall refuse to grant a license to an applicant therefor or shall revoke the138 license of an individual licensed by that board due solely or in part to such applicant's or139 licensee's:140 H. B. 650 - 6 - 25 LC 55 0417 (A) Conviction of any felony or any crime involving moral turp itude, whether it141 occurred in the courts of this state or any other state, territ ory, or country or in the142 courts of the United States;143 (B) Arrest, charge, and sentence for the commission of such offense;144 (C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another145 state's first offender laws;146 (D) Sentence for such offense pursuant to subsection (a) or (c ) of Code147 Section 16-13-2;148 (E) Sentence for such offense as a result of a plea of nolo contendere;149 (F) Adjudication of guilt or sentence was otherwise withheld or not entered; or150 (G) Being under supervision by a community supervision officer , as such term is151 defined in Code Section 42-3-1, for a conviction of any felony or any crime involving152 moral turpitude, whether it occurred in the courts of this stat e or any other state,153 territory, or country or in the courts of the United States, so long as such individual was154 not convicted of a felony violation of Chapter 5 of Title 16 no r convicted of a crime155 requiring registration on the state sexual offender registry.156 (2) In determining if a felony or crime involving moral turpitude directly relates to the157 occupation for which the license is sought or held, the professional licensing board shall158 consider:159 (A) The nature and seriousness of such felony or crime involving moral turpitude and160 the relationship of such felony or crime involving moral turpitude to the occupation for161 which the license is sought or held;162 (B) The age of the individual at the time such felony or crime involving moral163 turpitude was committed;164 (C) The length of time elapsed since such felony or crime invo lving moral turpitude165 was committed;166 H. B. 650 - 7 - 25 LC 55 0417 (D) All circumstances relative to such felony or crime involvi ng moral turpitude,167 including, but not limited to, mitigating circumstances or social conditions surrounding168 the commission of such felony or crime involving moral turpitude; and169 (E) Evidence of rehabilitation and present fitness to perform the duties of the170 occupation for which the license is sought or held.171 (3) As used in this subsection, the term 'felony' shall includ e any offense which, if172 committed in this state, would be deemed a felony, without rega rd to its designation173 elsewhere; and the term 'conviction' shall include a finding or verdict of guilty or a plea174 of guilty, regardless of whether an appeal of the conviction has been sought."175 SECTION 3-2.176 Said title is further amended by revising Code Section 43-1-27, relating to licensee required177 to notify licensing authority of felony conviction, as follows:178 "43-1-27.179 Any licensed individual who is convicted under the laws of this state, the United States, or180 any other state, territory, or country of a felony as defined i n paragraph (3) of181 subsection (a) (q) of Code Section 43-1-19 shall be required to notify the approp riate182 licensing authority of the conviction within ten days of the co nviction. The failure of a183 licensed individual to notify the appropriate licensing authori ty of a conviction shall be184 considered grounds for revocation of his or her license, permit, registration, certification,185 or other authorization to conduct a licensed profession."186 SECTION 3-3.187 Said title is further amended in Code Section 43-3-27, relating to notification of conviction,188 time limit, and suspension relative to accountants, by revising subsection (a) as follows:189 "(a) Any individual issued a license or certification under this chapter or providing services190 under substantial equivalency practice privileges and convicted under the laws of this state,191 H. B. 650 - 8 - 25 LC 55 0417 the United States, any other state, or any other country of a f elony as defined in192 paragraph (3) of subsection (a)(q) of Code Section 43-1-19 shall be required to notify the193 board of such conviction within 30 days of such conviction. The failure of such individual194 to notify the board of a conviction shall be considered grounds for revocation of his or her195 license or other authorization issued pursuant to this chapter."196 SECTION 3-4.197 Said title is further amended in Code Section 43-6-18, relating to grounds for revocation or198 suspension of an auctioneer license and censure of licensees, by revising paragraphs (4), (6),199 and (7) as follows:200 "(4) Being convicted in a court of competent jurisdiction of this or any other state of a201 criminal offense involving moral turpitude or a felony Reserved;"202 "(6) Any conduct of any auctioneer in connection with his or her auction business which203 demonstrates bad faith, dishonesty, incompetency, or untruthfulness;204 (7) Any conduct of an auctioneer in connection with his or her auction business which205 demonstrates improper, fraudulent, or dishonest dealings;"206 SECTION 3-5.207 Said title is further amended in Code Section 43-10-20, relating to teaching of barbering or208 the practice of a cosmetologist in prisons and certification of registration, by revising209 subsection (b) as follows:210 "(b) The board shall be required to test an inmate who is an applicant for a certificate or211 registration under this chapter who has completed successfully a barber or cosmetologist212 training program operated by the Department of Corrections and who meets the213 requirements stated in Code Section 43-10-9. If such inmate passes the applicable written214 and practical examinations, the board may issue the appropriate certificate of registration215 to such inmate after consideration of all requirements under Co de Sections 43-10-9216 H. B. 650 - 9 - 25 LC 55 0417 and 43-1-19; provided, however, that the board shall not apply the provisions of paragraph217 (4) of subsection (a) of Code Section 43-1-19 to such inmate ba sed solely upon such218 person's status as an inmate and shall apply such provisions in the same manner as would219 otherwise be applicable to an applicant who is not an inmate."220 SECTION 3-6.221 Said title is further amended in Code Section 43-14-6, relating to powers and duties of222 divisions relative to electrical contractors, plumbers, conditioned air contractors, low-voltage223 contractors, and utility contractors, by revising paragraph (4) of subsection (a) as follows:224 "(4) After notice and hearing, have the power to reprimand any person, licensee, or225 certificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse226 to grant, renew, or restore a license or certificate to any per son, licensee, or certificate227 holder upon any one of the following grounds:228 (A) The commission of any false, fraudulent, or deceitful act or the use of any forged,229 false, or fraudulent document in connection with the license or certificate requirements230 of this chapter or the rules and regulations of the board;231 (B) Failure at any time to comply with the requirements for a license or certificate232 under this chapter or the rules and regulations of the board;233 (C) Habitual intemperance in the use of alcoholic spirits, nar cotics, or stimulants to234 such an extent as to render the license or certificate holder u nsafe or unfit to practice235 any profession licensed or certified under this chapter;236 (D) Engaging in any dishonorable or unethical conduct in connection with a practice237 or profession licensed or certified under this chapter that is likely to deceive, defraud,238 or harm the public;239 (E) Knowingly performing any act which in any way assists an u nlicensed or240 noncertified person to practice such profession;241 H. B. 650 - 10 - 25 LC 55 0417 (F) Violating, directly or indirectly, or assisting in or abet ting any violation of any242 provision of this chapter or any rule or regulation of the board;243 (G) The performance of any faulty, inadequate, inefficient, or unsafe electrical,244 plumbing, low-voltage contracting, utility contracting, or conditioned air contracting245 likely to endanger life, health, or property. The performance of any work that does not246 comply with the standards set by state codes or by local codes in jurisdictions where247 such codes are adopted, provided that such local codes are as s tringent as the state248 codes, or by other codes or regulations which have been adopted by the board, shall be249 prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such250 electrical, plumbing, low-voltage contracting, utility contract ing, or conditioned air251 contracting; provided, however, that the board, in its sole dis cretion, for good cause252 shown and under such conditions as it may prescribe, may restor e a license to any253 person whose license has been suspended or revoked;254 (H) With respect to utility contractors, the bidding by such a utility contractor in excess255 of license coverage; or256 (I) With respect to utility contractors, violations of Chapter 9 of Title 25;"257 SECTION 3-7.258 Said title is further amended in Code Section 43-24A-9, relatin g to provisional permits259 relative to massage therapy practice, by revising paragraph (4) of subsection (a) as follows:260 "(4) Has not been convicted of a felony in the courts of this s tate, any other state,261 territory, or country, or in the courts of the United States, i ncluding, but not limited to,262 a plea of nolo contendere entered to such charge or the affordi ng of first offender263 treatment to any such charge in the same manner as provided in paragraph (4) of264 subsection (a) of Code Section 43-1-19 pursuant to Article 3 of Chapter 8 of Title 42 or265 another state's first offender laws."266 H. B. 650 - 11 - 25 LC 55 0417 PART IV267 SECTION 4-1.268 Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by269 adding a new Code section to read as follows:270 "44-7-3.1.271 (a) As used in this Code section, the term 'residential dwellin g' or 'dwelling' means a272 structure or part of a structure that is designed or used for h uman habitation. Such term273 shall include, without limitation, a single-family home, a town home, a mobile home, an274 apartment, and an individual condominium unit.275 (b) No owner of a residential dwelling who offers such dwelling for lease or solicits offers276 for the lease of such dwelling shall refuse to lease such dwell ing to an individual based277 solely on such individual's criminal history; provided, however , that nothing in this278 subsection shall prohibit a person from refusing to lease a res idential dwelling to any279 individual based solely or in part on such individual:280 (1) Having been convicted of any offense that requires such individual to register on the281 state sexual offender registry pursuant to Code Section 42-1-12;282 (2) Being a sexual offender, as defined in Code Section 42-1-12; or283 (3) Being included on the state sexual offender registry of this state, on the National Sex284 Offender Registry, or on the sexual offender registry or child abuse registry of any other285 state, a United States territory, the District of Columbia, or any American Indian tribe.286 (c) A violation of subsection (b) of this Code section shall c onstitute an unfair and287 deceptive act or practice under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair288 Business Practices Act of 1975,' and all public and private remedies available under such289 part shall be available with regard to such a violation."290 H. B. 650 - 12 - 25 LC 55 0417 PART V291 SECTION 5-1.292 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,293 is amended in Code Section 45-17-2.1, relating to application t o be a notary and294 endorsements and declarations, by revising paragraph (2) of subsection (a) as follows:295 "(2) The applicant shall sign and swear or affirm as outlined i n paragraph (2) of296 subsection (b) of this Code section to the truthfulness of the application which shall state:297 (A) That the applicant resides or works or has a business in the county of application298 and the address of the residence or business. The applicant sh all use his or her299 residential address for purposes of the application and may only use a business address300 for the application if the applicant is applying pursuant to th e provisions of Code301 Section 45-17-7;302 (B) That the applicant is at least 18 years old;303 (C) That the applicant can read and write the English language;304 (D) That the applicant has an operating telephone number; and305 (E) All denials, revocations, suspensions, restrictions, or re signations of a notary306 commission held by the applicant; and307 (F) All criminal convictions of the applicant, including any p lea of nolo contendere,308 except minor traffic violations."309 SECTION 5-2.310 Said title is further amended by revising Code Section 45-17-2.3, relating to grant or denial311 of commission or recommission, grounds, and unauthorized practice of law, as follows:312 "45-17-2.3.313 (a) After an applicant submits to the clerk of superior court of the county the application,314 endorsements, and declaration of applicant as required in Code Section 45-17-2.1, the clerk315 H. B. 650 - 13 - 25 LC 55 0417 of superior court shall either grant or deny a commission or re commission as a notary316 public within ten days following the applicant's submission of the necessary documents.317 (b) The clerk of superior court may in his or her discretion d eny a commission or318 recommission to an applicant based on any of the following grounds:319 (1) The applicant's criminal history;320 (2) Revocation, suspension, or restriction of any notary commissi on or professional321 license issued to the applicant by this or any other state;322 (3)(2) The commission in this or any state of any act enumerated in subsection (a) of323 Code Section 45-17-15, whether or not criminal penalties or commission suspension or324 revocation resulted; or325 (4)(3) The applicant is found by the State Bar of Georgia, a court of this state, or a court326 of any other state to have engaged in the unauthorized practice of law.327 (c) Any applicant who is denied a notarial commission or recom mission by the clerk of328 superior court shall upon demand be allowed a hearing and adjudication before the superior329 court clerk with a right of de novo appeal to the superior cour t, such appeal to be330 determined by the court without the intervention of a jury."331 PART VI332 SECTION 6-1.333 This Act shall become effective upon its approval by the Governor or upon its becoming law334 without such approval.335 SECTION 6-2.336 All laws and parts of laws in conflict with this Act are repealed.337 H. B. 650 - 14 -