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 Georgia Annotated, relating to
courts, professions and businesses, property, and public officers and employees, respectively,
so as to restore certain rights of individuals with criminal histories; to repeal the prohibition
on felons serving on juries; to repeal the prohibition on felons serving on grand juries; to
provide exceptions; to revise the grounds for the refusal to grant and revocation of
professional licenses; to revise the grounds for the revocation or suspension of an auctioneer
license; to revise the grounds for the suspension, revocation, or cancellation of a license or
certificate of electrical contractors, plumbers, conditioned air contractors, low-voltage
contractors, and utility contractors; to prohibit persons from refusing to lease residential
dwellings to individuals based on such individuals' criminal histories; to revise the grounds
for the denial of a notary public application; to provide for conforming changes; to provide
an effective date; to provide a short title; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
This Act shall be known and may be cited as the "Presidential Felon Freedom Act."
PART II
SECTION 2-1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising
Code Section 15-12-40, relating to ineligibility to serve as a trial juror, as follows:
"15-12-40.
Any person who has been convicted of a felony in a state or federal court who has not had
his or her civil rights restored and any person who has been judicially determined to be
mentally incompetent shall not be eligible to serve as a trial juror."
SECTION 2-2.
Said title is further amended in Code Section 15-12-40.1, relating to state-wide master jury
list, driver's license information, list of registered voters, and random list of persons to
comprise venire, by revising subsections (b), (f), and (g) as follows:
"(b) On and after July 1, 2017, upon the council's request, the Department of Driver
Services shall provide the council data showing the full name of all persons who are at
least 18 years of age and residents of this state who have been issued a driver's license or
personal identification card pursuant to Chapter 5 of Title 40. In addition to the person's
full name, the Department of Driver Services shall include the person's address, city of
residence, date of birth, gender, driver's license or personal identification card number, and,
whenever racial information is collected by the Department of Driver Services, racial
information. The Department of Driver Services shall provide the document issue date and
document expiration date; shall indicate whether the document is a driver's license or a
personal an identification card; and shall exclude persons whose driver's license has been
suspended or revoked due to a felony conviction, whose driver's license has been expired
for more than 730 days, or who have been identified as not being citizens of the United
States. Such data shall also include a secure unique identifier, determined according to the
specifications of the council in consultation with the Department of Driver Services, which
shall be a representation of the last four digits of the social security number associated with
each driver's license or personal identification card holder. The council shall provide the
Department of Driver Services with the software required to generate such secure unique
identifier. The Department of Driver Services shall also provide the names and identifying
information specified by this subsection of persons convicted in this state or in another
state of driving without a license. Such data shall be in electronic format as required by the
council."
"(f) On and after July 1, 2017, upon request by the council, the Department of Corrections
shall provide to the council, without cost, data showing a list of the names of all persons
who have been convicted of a felony in this state. In addition to the convicted person's full
name, the data shall include the person's address, including the county of residence and ZIP
Code, date of birth, gender, and, when such information is available, the convicted person's
race. Such data shall also include a secure unique identifier, determined according to the
specifications of the council in consultation with the Department of Corrections, which
shall be a representation of the last four digits of the social security number associated with
each convicted person. The council shall provide the Department of Corrections with the
software required to generate such secure unique identifier. Such data shall be in electronic
format as required by the council Reserved.
(g) On and after July 1, 2017, upon request by the council, the State Board of Pardons and
Paroles shall provide to the council, without cost, data showing a list of the names of all
persons who have had his or her civil rights restored. In addition to the person's full name,
the data shall include the person's address, including the county of residence and ZIP Code,
date of birth, gender, and, when such information is available, the person's race. Such data
shall also include a secure unique identifier, determined according to the specifications of
the council in consultation with the State Board of Pardons and Paroles, which shall be a
representation of the last four digits of the social security number associated with each
person. The council shall provide the State Board of Pardons and Paroles with the software
required to generate such secure unique identifier. Such data shall be in electronic format
as required by the council Reserved."
SECTION 2-3.
Said title is further amended in Code Section 15-12-60, relating to qualifications of grand
jurors and impact of ineligibility, by revising subsection (c) as follows:
"(c) The following individuals shall not be eligible to serve as a grand juror:
(1) Any individual who has been convicted of a felony in a state or federal court who has
not had his or her civil rights restored;
(2) Any individual who has been judicially determined to be mentally incompetent shall
not be eligible to serve as a grant juror;
(3) Any individual charged with a felony offense and who is in a pretrial release
program, a pretrial release and diversion program, or a pretrial intervention and diversion
program, as provided for in Article 4 of Chapter 18 of Title 15 or Article 4 of Chapter 3
of Title 42 or pursuant to Uniform Superior Court Rule 27, a similar diversion program
from another state, or a similar federal court diversion program for a felony offense;
(4) Any individual sentenced for a felony offense pursuant to Code Section 16-13-2 who
has not completed the terms of his or her sentence;
(5) Any individual serving a sentence for a felony offense pursuant to Article 3 of
Chapter 8 of Title 42 or serving a first offender sentence for a felony offense pursuant to
another state's law; and
(6) Any individual who is participating in a drug court division, mental health court
division, veterans court division, a similar court program from another state, or a similar
federal court program for a felony offense."
SECTION 2-4.
Said title is further amended in Code Section 15-12-163, relating to challenges for cause,
hearing of evidence, and when objection made be had to a juror, by revising subsection (b)
as follows:
"(b) The state or the accused may make any of the following objections to the juror:
(1) That the juror is not a citizen, resident in the county;
(2) That the juror is under 18 years of age;
(3) That the juror is incompetent to serve because of mental illness or intellectual
disability, or that the juror is intoxicated;
(4) That the juror is so near of kin to the prosecutor, the accused, or the victim as to
disqualify the juror by law from serving on the jury; or
(5) That the juror has been convicted of a felony in a federal court or any court of a state
of the United States and the juror's civil rights have not been restored; or
(6) That the juror is unable to communicate in the English language."
PART III
SECTION 3-1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,
is amended in Code Section 43-1-19, relating to refusal to grant, revocation, and
reinstatement of licenses by professional licensing boards, surrender, and probationary
license, by revising paragraphs (3) and (4) of subsection (a) and subsection (q) as follows:
"(3) Been convicted of any felony or of any crime involving moral turpitude in the courts
of this state or any other state, territory, or country or in the courts of the United States;
as used in this paragraph, paragraph (4) of this subsection, and subsection (q) of this Code
section, the term 'felony' shall include any offense which, if committed in this state,
would be deemed a felony, without regard to its designation elsewhere; and, as used in
this paragraph and subsection (q) of this Code section, the term 'conviction' shall include
a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the
conviction has been sought Reserved;
(4)(A) Been arrested, charged, and sentenced for the commission of any felony, or any
crime involving moral turpitude, when:
(i) A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of
Title 42 or another state's first offender laws;
(ii) A sentence for such offense was imposed pursuant to subsection (a) or (c) of
Code Section 16-13-2;
(iii) A sentence for such offense was imposed as a result of a plea of nolo contendere;
or
(iv) An adjudication of guilt or sentence was otherwise withheld or not entered on the
charge.
(B) An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2,
Article 3 of Chapter 8 of Title 42, or another state's first offender treatment order shall
be conclusive evidence of an arrest and sentencing for such offense Reserved;"
"(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or
any other provision of law, and unless Unless a felony or crime involving moral turpitude
directly relates to the occupation for which the license is sought or held, no professional
licensing board shall refuse to grant a license to an applicant therefor or shall revoke the
license of an individual licensed by that board due solely or in part to such applicant's or
licensee's:
(A) Conviction of any felony or any crime involving moral turpitude, whether it
occurred in the courts of this state or any other state, territory, or country or in the
courts of the United States;
(B) Arrest, charge, and sentence for the commission of such offense;
(C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another
state's first offender laws;
(D) Sentence for such offense pursuant to subsection (a) or (c) of Code
Section 16-13-2;
(E) Sentence for such offense as a result of a plea of nolo contendere;
(F) Adjudication of guilt or sentence was otherwise withheld or not entered; or
(G) Being under supervision by a community supervision officer, as such term is
defined in Code Section 42-3-1, for a conviction of any felony or any crime involving
moral turpitude, whether it occurred in the courts of this state or any other state,
territory, or country or in the courts of the United States, so long as such individual was
not convicted of a felony violation of Chapter 5 of Title 16 nor convicted of a crime
requiring registration on the state sexual offender registry.
(2) In determining if a felony or crime involving moral turpitude directly relates to the
occupation for which the license is sought or held, the professional licensing board shall
consider:
(A) The nature and seriousness of such felony or crime involving moral turpitude and
the relationship of such felony or crime involving moral turpitude to the occupation for
which the license is sought or held;
(B) The age of the individual at the time such felony or crime involving moral
turpitude was committed;
(C) The length of time elapsed since such felony or crime involving moral turpitude
was committed;
(D) All circumstances relative to such felony or crime involving moral turpitude,
including, but not limited to, mitigating circumstances or social conditions surrounding
the commission of such felony or crime involving moral turpitude; and
(E) Evidence of rehabilitation and present fitness to perform the duties of the
occupation for which the license is sought or held.
(3) As used in this subsection, the term 'felony' shall include any offense which, if
committed in this state, would be deemed a felony, without regard to its designation
elsewhere; and the term 'conviction' shall include a finding or verdict of guilty or a plea
of guilty, regardless of whether an appeal of the conviction has been sought."
SECTION 3-2.
Said title is further amended by revising Code Section 43-1-27, relating to licensee required
to notify licensing authority of felony conviction, as follows:
"43-1-27.
Any licensed individual who is convicted under the laws of this state, the United States, or
any other state, territory, or country of a felony as defined in paragraph (3) of
subsection (a)(q) of Code Section 43-1-19 shall be required to notify the appropriate
licensing authority of the conviction within ten days of the conviction. The failure of a
licensed individual to notify the appropriate licensing authority of a conviction shall be
considered grounds for revocation of his or her license, permit, registration, certification,
or other authorization to conduct a licensed profession."
SECTION 3-3.
Said title is further amended in Code Section 43-3-27, relating to notification of conviction,
time limit, and suspension relative to accountants, by revising subsection (a) as follows:
"(a) Any individual issued a license or certification under this chapter or providing services
under substantial equivalency practice privileges and convicted under the laws of this state,
the United States, any other state, or any other country of a felony as defined in
paragraph (3) of subsection (a)(q) of Code Section 43-1-19 shall be required to notify the
board of such conviction within 30 days of such conviction. The failure of such individual
to notify the board of a conviction shall be considered grounds for revocation of his or her
license or other authorization issued pursuant to this chapter."
SECTION 3-4.
Said title is further amended in Code Section 43-6-18, relating to grounds for revocation or
suspension of an auctioneer license and censure of licensees, by revising paragraphs (4), (6),
and (7) as follows:
"(4) Being convicted in a court of competent jurisdiction of this or any other state of a
criminal offense involving moral turpitude or a felony Reserved;"
"(6) Any conduct of any auctioneer in connection with his or her auction business which
demonstrates bad faith, dishonesty, incompetency, or untruthfulness;
(7) Any conduct of an auctioneer in connection with his or her auction business which
demonstrates improper, fraudulent, or dishonest dealings;"
SECTION 3-5.
Said title is further amended in Code Section 43-10-20, relating to teaching of barbering or
the practice of a cosmetologist in prisons and certification of registration, by revising
subsection (b) as follows:
"(b) The board shall be required to test an inmate who is an applicant for a certificate or
registration under this chapter who has completed successfully a barber or cosmetologist
training program operated by the Department of Corrections and who meets the
requirements stated in Code Section 43-10-9. If such inmate passes the applicable written
and practical examinations, the board may issue the appropriate certificate of registration
to such inmate after consideration of all requirements under Code Sections 43-10-9
and 43-1-19; provided, however, that the board shall not apply the provisions of paragraph
(4) of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such
person's status as an inmate and shall apply such provisions in the same manner as would
otherwise be applicable to an applicant who is not an inmate."
SECTION 3-6.
Said title is further amended in Code Section 43-14-6, relating to powers and duties of
divisions relative to electrical contractors, plumbers, conditioned air contractors, low-voltage
contractors, and utility contractors, by revising paragraph (4) of subsection (a) as follows:
"(4) After notice and hearing, have the power to reprimand any person, licensee, or
certificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse
to grant, renew, or restore a license or certificate to any person, licensee, or certificate
holder upon any one of the following grounds:
(A) The commission of any false, fraudulent, or deceitful act or the use of any forged,
false, or fraudulent document in connection with the license or certificate requirements
of this chapter or the rules and regulations of the board;
(B) Failure at any time to comply with the requirements for a license or certificate
under this chapter or the rules and regulations of the board;
(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to
such an extent as to render the license or certificate holder unsafe or unfit to practice
any profession licensed or certified under this chapter;
(D) Engaging in any dishonorable or unethical conduct in connection with a practice
or profession licensed or certified under this chapter that is likely to deceive, defraud,
or harm the public;
(E) Knowingly performing any act which in any way assists an unlicensed or
noncertified person to practice such profession;
(F) Violating, directly or indirectly, or assisting in or abetting any violation of any
provision of this chapter or any rule or regulation of the board;
(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical,
plumbing, low-voltage contracting, utility contracting, or conditioned air contracting
likely to endanger life, health, or property. The performance of any work that does not
comply with the standards set by state codes or by local codes in jurisdictions where
such codes are adopted, provided that such local codes are as stringent as the state
codes, or by other codes or regulations which have been adopted by the board, shall be
prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such
electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air
contracting; provided, however, that the board, in its sole discretion, for good cause
shown and under such conditions as it may prescribe, may restore a license to any
person whose license has been suspended or revoked;
(H) With respect to utility contractors, the bidding by such a utility contractor in excess
of license coverage; or
(I) With respect to utility contractors, violations of Chapter 9 of Title 25;"
SECTION 3-7.
Said title is further amended in Code Section 43-24A-9, relating to provisional permits
relative to massage therapy practice, by revising paragraph (4) of subsection (a) as follows:
"(4) Has not been convicted of a felony in the courts of this state, any other state,
territory, or country, or in the courts of the United States, including, but not limited to,
a plea of nolo contendere entered to such charge or the affording of first offender
treatment to any such charge in the same manner as provided in paragraph (4) of
subsection (a) of Code Section 43-1-19 pursuant to Article 3 of Chapter 8 of Title 42 or
another state's first offender laws."
PART IV
SECTION 4-1.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by
adding a new Code section to read as follows:
"44-7-3.1.
(a) As used in this Code section, the term 'residential dwelling' or 'dwelling' means a
structure or part of a structure that is designed or used for human habitation. Such term
shall include, without limitation, a single-family home, a townhome, a mobile home, an
apartment, and an individual condominium unit.
(b) No owner of a residential dwelling who offers such dwelling for lease or solicits offers
for the lease of such dwelling shall refuse to lease such dwelling to an individual based
solely on such individual's criminal history; provided, however, that nothing in this
subsection shall prohibit a person from refusing to lease a residential dwelling to any
individual based solely or in part on such individual:
(1) Having been convicted of any offense that requires such individual to register on the
state sexual offender registry pursuant to Code Section 42-1-12;
(2) Being a sexual offender, as defined in Code Section 42-1-12; or
(3) Being included on the state sexual offender registry of this state, on the National Sex
Offender Registry, or on the sexual offender registry or child abuse registry of any other
state, a United States territory, the District of Columbia, or any American Indian tribe.
(c) A violation of subsection (b) of this Code section shall constitute an unfair and
deceptive act or practice under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair
Business Practices Act of 1975,' and all public and private remedies available under such
part shall be available with regard to such a violation."
PART V
SECTION 5-1.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,
is amended in Code Section 45-17-2.1, relating to application to be a notary and
endorsements and declarations, by revising paragraph (2) of subsection (a) as follows:
"(2) The applicant shall sign and swear or affirm as outlined in paragraph (2) of
subsection (b) of this Code section to the truthfulness of the application which shall state:
(A) That the applicant resides or works or has a business in the county of application
and the address of the residence or business. The applicant shall use his or her
residential address for purposes of the application and may only use a business address
for the application if the applicant is applying pursuant to the provisions of Code
Section 45-17-7;
(B) That the applicant is at least 18 years old;
(C) That the applicant can read and write the English language;
(D) That the applicant has an operating telephone number; and
(E) All denials, revocations, suspensions, restrictions, or resignations of a notary
commission held by the applicant; and
(F) All criminal convictions of the applicant, including any plea of nolo contendere,
except minor traffic violations."
SECTION 5-2.
Said title is further amended by revising Code Section 45-17-2.3, relating to grant or denial
of commission or recommission, grounds, and unauthorized practice of law, as follows:
"45-17-2.3.
(a) After an applicant submits to the clerk of superior court of the county the application,
endorsements, and declaration of applicant as required in Code Section 45-17-2.1, the clerk
of superior court shall either grant or deny a commission or recommission as a notary
public within ten days following the applicant's submission of the necessary documents.
(b) The clerk of superior court may in his or her discretion deny a commission or
recommission to an applicant based on any of the following grounds:
(1) The applicant's criminal history;
(2) Revocation, suspension, or restriction of any notary commission or professional
license issued to the applicant by this or any other state;
(3)(2) The commission in this or any state of any act enumerated in subsection (a) of
Code Section 45-17-15, whether or not criminal penalties or commission suspension or
revocation resulted; or
(4)(3) The applicant is found by the State Bar of Georgia, a court of this state, or a court
of any other state to have engaged in the unauthorized practice of law.
(c) Any applicant who is denied a notarial commission or recommission by the clerk of
superior court shall upon demand be allowed a hearing and adjudication before the superior
court clerk with a right of de novo appeal to the superior court, such appeal to be
determined by the court without the intervention of a jury."
PART VI
SECTION 6-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 6-2.
All laws and parts of laws in conflict with this Act are repealed.