Senate Bill 207
By: Senators Strickland of the 42nd, Brass of the 6th, Anavitarte of the 31st, Cowsert of the
46th, Kirkpatrick of the 32nd and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Titles 33 and 43 of the Official Code of Georgia Annotated, relating to insurance
and professions and businesses, respectively, so as to create a preclearance process in the
licensing of individuals with criminal records who make an application to or are investigated
by certain licensing boards and commissions; to provide for definitions; to require certain
licensing authorities to provide evidence to support adverse licensing decisions based on
criminal convictions; to require a hearing prior to denying certain applicants on the basis of
an individual's criminal record; to establish findings that shall be made and evidence that
shall and shall not be considered prior to refusing to grant certain licenses based on certain
criminal convictions; to allow an applicant to submit his or her own criminal record when
applying for certain licenses; to provide for reapplication for licensure; to authorize and
provide a process and requirements for predetermination decisions; to require certain
licensure application information be included in certain applications and posted on a public
website; to require certain annual reports concerning certain applications, predeterminations,
and conviction records to be filed with the Secretary of State; to amend Chapter 4 of Title
25 of the Official Code of Georgia Annotated, relating to firefighter standards and training,
so as to provide for the reporting of guilty pleas taken under first offender treatment to obtain
employment as a firefighter; to amend Article 2 of Chapter 3 of Title 35 of the Official Code
of Georgia Annotated, relating to Georgia Crime Information Center, so as to provide for
criminal history record information restrictions for certain persons charged with or convicted
of certain criminal offenses; to provide that restricted criminal history record information
shall be available to criminal justice agencies; to provide for petitions; to provide for criminal
history record information restriction for persons granted a pardon for certain offenses; to
amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating
to first offenders, so as to revise the procedure for petitioning for exoneration and discharge
when an individual has qualified for sentencing as a first offender; to provide for exceptions
to retroactively granting first offender treatment; to amend Code Section 17-10-21 of the
Official Code of Georgia Annotated, relating to vacating of sentence for trafficking victim
defendants, so as to provide for filing under seal; to provide for related matters; to provide
for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,
is amended by revising Code Section 43-1-1, relating to definitions, as follows:
"43-1-1.
As used in this title, the term:
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of
whether an appeal of such finding, verdict, or plea has been sought.
(2) 'Covered misdemeanor' means any:
(A) Misdemeanor conviction in the five years prior to the submission of the licensing
application; and
(B) Misdemeanor conviction listed in subparagraph (j)(4)(B) of Code Section 35-3-37,
irrespective of the date of such conviction.
(1)(3) 'Division' means the professional licensing boards division created under Code
Section 43-1-2.
(2)(4) 'Division director' means the individual appointed by the Secretary of State as
director of the professional licensing boards division within the office of the Secretary
of State.
(5) 'Felony' means any offense which, if committed in this state, would be deemed a
felony, without regard to its designation elsewhere.
(3)(6) 'Professional licensing board' means any board, bureau, commission, or other
agency of the executive branch of state government which is created for the purpose of
licensing or otherwise regulating or controlling any profession, business, or trade and
which is placed by law under the jurisdiction of the division director of the professional
licensing boards division within the office of the Secretary of State."
SECTION 1-2.
Said title is further amended in Code Section 43-1-19, relating to a professional licensing
board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and
probationary licenses, by adding a new subsection to read as follows:
"(a.1) Before the professional licensing board may deny an applicant a license under
subsection (a) of this Code section due to his or her criminal record, such applicant shall
be entitled to a hearing before the professional licensing board upon a timely written
request in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'"
SECTION 1-3.
Said title is further amended in Code Section 43-1-19, relating to a professional licensing
board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and
probationary licenses, by revising subsection (j) as follows:
"(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity
nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a
previously denied license shall be considered to be a contested case within the meaning of
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing
within the meaning of such chapter shall not be required, but the applicant or licensee shall
be allowed to appear before the board if he or she so requests. A board may resolve a
pending action by the issuance of a letter of concern. Such letter shall not be considered
a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be
disclosed to any person except the licensee or applicant."
SECTION 1-4.
Said title is further amended in Code Section 43-1-19, relating to a professional licensing
board's authority to refuse, grant, revoke, and reinstate licenses, surrender of licenses, and
probationary licenses, by revising subsection (q) as follows:
"(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or
any other provision of law, and unless the professional licensing board shall refuse to
grant a license to an individual or shall revoke a license only if a felony or crime
involving moral turpitude covered misdemeanor 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 covered
misdemeanor, 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 covered misdemeanor, 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 covered misdemeanor
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
covered misdemeanor and the relationship of such felony or crime involving moral
turpitude the criminal conduct to the duties and responsibilities of 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 covered misdemeanor was committed;
(C) The length of time elapsed since such felony or crime involving moral turpitude
covered misdemeanor was committed;
(D) All circumstances relative to such felony or crime involving moral turpitude
covered misdemeanor, including, but not limited to, mitigating circumstances or social
conditions surrounding the commission of such felony or crime involving moral
turpitude covered misdemeanor; and
(E) Evidence of rehabilitation and present fitness to perform the duties of the
occupation for which the license is sought or held., including, but not limited to:
(i) The completion of the criminal sentence;
(ii) A program and treatment certificate issued by the Board of Corrections;
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol
treatment program;
(iv) Testimonials and recommendations, which may include a progress report from
the individual's probation or parole officer;
(v) Education and training;
(vi) Employment history;
(vii) Employment aspirations;
(viii) The individual's current family or community responsibilities, or both;
(ix) Whether a bond is required to practice the occupation;
(x) Any affidavits or other written documents, including, but not limited to, character
references; and
(xi) Any other information regarding rehabilitation the individual submits to the
board.
(3) Notwithstanding any other provision of law, a professional licensing board shall
provide individualized consideration of an individual's criminal record and shall not
automatically deny licensure on the basis of the individual's criminal record.
(4)(A) If an applicant's criminal record includes issues that will or may prevent the
board from issuing a license to the applicant, the board shall notify the applicant, in
writing, of the specific issues in sufficient time for the applicant to provide additional
documentation supporting the application before the board's final decision to deny the
application. After receiving notice of any potential issue with licensure due to his or
her criminal convictions, an applicant shall have 30 days to respond by correcting any
inaccuracy in the criminal record or by submitting additional evidence of mitigation or
rehabilitation for the board's consideration, or both.
(B) For the professional licensing board to deny a license on the basis of the applicant's
criminal convictions, the board shall first provide an opportunity for a hearing for such
applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' The applicant shall have the opportunity at such hearing to present the
written or oral testimony of character witnesses, including, but not limited to, family
members, friends, prospective employers, probation or parole officers, and
rehabilitation counselors. The professional licensing board shall issue a decision within
60 days of the complete submission of the issues for consideration or the hearing,
whichever is later.
(C) The professional licensing board shall determine, after a hearing, whether it is
more likely than not that an applicant's criminal record supports an adverse licensing
decision. If the board denies an applicant a license by reason of the applicant's criminal
record, the board shall:
(i) Make written findings specifying any of the applicant's convictions and the factors
provided for in paragraph (2) of this subsection the board deemed directly relevant
and explaining the basis and rationale for the denial. Such written findings shall be
signed by the board's presiding officer and shall note the applicant's right to appeal
and explain the applicant's ability to reapply. No applicant shall be restricted from
reapplying for licensure more than two years from the date of the most recent
application;
(ii) Provide or serve a signed copy of the written findings to the applicant within 60
days of the denial; and
(iii) Retain a signed copy of the written findings for no less than five years.
(D) The denial of a license in part or in whole because of the applicant's criminal
record shall constitute a contested case as defined in Code Section 50-13-2. In an
administrative hearing reviewing the denial of a license, the applicant shall have the
burden of proving that his or her criminal record does not directly relate to the
occupation for which the license is sought.
(5)(A) Notwithstanding any other provision of law, an individual with a criminal
record may petition a professional licensing board at any time, including while
incarcerated and before starting or completing any required professional qualifications
for licensure, for a predetermination as to whether such individual's criminal record will
disqualify him or her from obtaining a license.
(B) The petition for predetermination shall include the individual's criminal record or
authorize the board to obtain the individual's criminal record. Such petition shall also
include any information the petitioner chooses to submit concerning the circumstances
of his or her record and his or her rehabilitation.
(C) In considering predetermination petitions, the professional licensing board shall
apply the direct relationship standard in paragraphs (1) and (2) of this subsection. The
board shall support any adverse predetermination by determining whether it is more
likely than not that a criminal record supports an adverse licensing decision.
(D) A predetermination made under this paragraph that a petitioner is eligible for a
license shall be binding on the professional licensing board only if the petitioner applies
for licensure and fulfills all other requirements for the occupational license and the
petitioner's submitted criminal record was correct and remains unchanged at the time
of his or her application for a license.
(E) If a petitioner's criminal record includes matters that may disqualify the petitioner
from licensure, the board shall notify the petitioner of the potentially disqualifying
convictions. The letter of concern shall advise the petitioner of his or her opportunity
to submit additional evidence of rehabilitation and mitigation or for a hearing, or both.
(F) The professional licensing board may predetermine that the petitioner's criminal
record is likely grounds for denial of a license only after the board has held a hearing
on the petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.' The hearing shall be held in person, by remote video,
or by teleconference within 60 days of receipt of the predetermination petition. The
individual shall have the opportunity to offer written or oral testimony of character
witnesses at the hearing, including but not limited to family members, friends, past or
prospective employers, probation or parole officers, and rehabilitation counselors. The
professional licensing board shall not make an adverse inference by a petitioner's
decision to forgo a hearing or character witnesses. The board shall issue a final
decision within 60 days of complete submission of the issue for consideration or the
hearing, whichever is later.
(G) If the professional licensing board decides that a predetermination petitioner is
ineligible for a license, the board shall notify the petitioner of the following:
(i) The grounds and rationale for the predetermination, including any of the
petitioner's specific convictions and the factors in paragraph (2) of this subsection the
board deemed directly relevant;
(ii) An explanation of the process and right to appeal the board's predetermination
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';
and
(iii) Any actions the petitioner may take to remedy the disqualification. An
individual who receives a predetermination of ineligibility may submit a revised
petition reflecting completion of the remedial actions. The individual may submit a
new petition to the board not before one year following a final judgment on his or her
initial petition or upon completing the remedial actions, whichever is earlier.
(H) The denial of a predetermination petition because of the applicant's criminal record
shall constitute a contested case as defined in Code Section 50-13-2. In an
administrative hearing reviewing the denial of a predetermination petition, the applicant
shall have the burden of proving that his or her criminal record does not directly relate
to the licensed occupation.
(6) Each professional licensing board shall include in its application for licensure and on
its public website all of the following information:
(A) Whether the board requires applicants to consent to a criminal record check;
(B) The direct relationship standard in paragraph (1) of this subsection and those
factors provided for in paragraph (2) of this subsection that the board shall consider
when making a determination of licensure;
(C) The appeals process pursuant to Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act,' if the board denies or revokes licensure in whole or in part because of
a criminal conviction; and
(D) The predetermination petition process, standards, and application, as well as the
process for appealing an adverse predetermination pursuant to Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.'
(7) No later than March 31 each year, each occupational licensing board shall file with
the Secretary of State an annual report containing information from the previous year as
to:
(A) The number of applicants for a license and, of that number, the number of licenses
granted;
(B) The number of applicants with a criminal record and, of that number, the number
of licenses granted, denied a license for any reason, and denied a license due to a
conviction or state supervision status; and
(C) The number of predetermination petitioners and, of that number, the number
deemed eligible for a license and the number deemed ineligible for a license."
SECTION 1-5.
Said title is further amended by revising Code Section 43-1-27, relating to requirement that
licensee 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) of Code Section 43-1-19 43-1-1 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 1-6.
Said title is further amended by revising Code Section 43-15-19, relating to revocation,
suspension, or denial of certificates, certificates of registration, or licenses, and reprimands,
as follows:
"43-15-19.
(a) The board shall have the power, after notice and hearing, to deny any application made
to it, to revoke or suspend any certificate, certificate of registration, or license issued by it,
or to reprimand any individual holding a certificate, certificate of registration, or license
issued by it, upon the following grounds:
(1) Commission of any fraud or deceit in obtaining a certificate, certificate of
registration, or license;
(2) Any gross negligence, incompetency, or unprofessional conduct in the practice of
professional engineering or land surveying as a professional engineer or a professional
land surveyor, respectively;
(3) Affixing a seal to any plan, specification, plat, or report contrary to Code Section
43-15-22;
(4) Conviction of a felony or crime involving moral turpitude covered misdemeanor as
defined in Code Section 43-1-1 in the courts of this state, the United States, or any state
or territory of the United States or the conviction of an offense in another jurisdiction
which, if committed in this state, would be deemed a felony. 'Conviction' shall include
a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal
proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not
entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or
statute but shall not include a conviction that has been pardoned; or
(5) Any violation of this chapter or any rule or regulation promulgated by the board
pursuant to the powers conferred on it by this chapter.
(b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code
section, includes a violation of those standards of professional conduct for professional
engineers and professional land surveyors adopted by the board pursuant to the power
conferred upon it to promulgate rules and regulations to effectuate the duties and powers
conferred on it by this chapter."
SECTION 1-7.
Said title is further amended by adding a new Code section to read as follows:
"43-15-19.1.
(a) Notwithstanding any other provision of law, an individual with a criminal record may
petition the board at any time, including while incarcerated and before starting or
completing any required professional qualifications for licensure, for a predetermination
as to whether the individual's criminal record will disqualify him or her from obtaining a
license.
(b) The petition for predetermination shall include the individual's criminal record or
authorize the board to obtain the individual's criminal record. The petition shall also
include any information the petitioner chooses to submit concerning the circumstances of
his or her record and his or her rehabilitation.
(c) The board shall support any adverse predetermination by determining whether it is
more likely than not that a criminal record supports an adverse licensing decision.
(d) A predetermination made under this Code section that a petitioner is eligible for a
license shall be binding on the board only if the petitioner applies for licensure and fulfills
all other requirements for the licensure and the petitioner's submitted criminal record was
correct and remains unchanged at the time of his or her application for a license.
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from
licensure, the board shall notify the petitioner of the potentially disqualifying convictions.
The letter of concern shall advise the petitioner of his or her opportunity to submit
additional evidence of rehabilitation and mitigation or for a hearing, or both.
(f) The board may predetermine that the petitioner's criminal record is likely grounds for
denial of a license only after the board has held a hearing on the petitioner's eligibility in
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The
hearing shall be held in person, by remote video, or by teleconference within 60 days of
receipt of the predetermination petition. The individual shall have the opportunity to
include character witnesses at the hearing, including but not limited to family members,
friends, past or prospective employers, probation or parole officers, and rehabilitation
counselors, who may offer their verbal or written support. The board shall not make an
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The
board shall issue a final decision within 60 days of complete submission of the issue for
consideration or the hearing, whichever is later.
(g) If the board decides that a predetermination petitioner is ineligible for a license, the
board shall notify the petitioner of the following:
(1) The grounds and rationale for the predetermination, including the specific
convictions and the factors in subsection (a) of Code Section 43-15-19.1 the board
deemed directly relevant;
(2) An explanation of the process and right to appeal the board's predetermination
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and
(3) Any actions the petitioner may take to remedy the disqualification. An individual
who receives a predetermination of ineligibility may submit a revised petition reflecting
completion of the remedial actions. The individual may submit a new petition to the
board not before one year following a final judgment on his or her initial petition or upon
completing the remedial actions, whichever is earlier.
(h) The denial of a predetermination petition because of the applicant's criminal record
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative
hearing reviewing the denial of a predetermination petition, the applicant shall have the
burden of proving that his or her criminal record does not directly relate to the licensed
occupation."
PART II
SECTION 2-1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,
is amended in Chapter 3, relating to accountants, by adding a new Code section to read as
follows:
"43-3-21.1.
(a) Notwithstanding any other provision of law, an individual with a criminal record may
petition the accountancy board at any time, including while incarcerated and before starting
or completing any required professional qualifications for licensure, for a predetermination
as to whether the individual's criminal record will disqualify him or her from obtaining a
license.
(b) The petition for predetermination shall include the individual's criminal record or
authorize the board to obtain the individual's criminal record. The petition shall also
include any information the petitioner chooses to submit concerning the circumstances of
his or her record and his or her rehabilitation.
(c) The board shall support any adverse predetermination by determining whether it is
more likely than not that a criminal record supports an adverse licensing decision.
(d) A predetermination made under this Code section that a petitioner is eligible for a
license shall be binding on the board only if the petitioner applies for licensure and fulfills
all other requirements for the licensure and the petitioner's submitted criminal record was
correct and remains unchanged at the time of his or her application for a license.
(e) If a petitioner's criminal record includes matters that may disqualify the petitioner from
licensure, the board shall notify the petitioner of the potentially disqualifying convictions.
The letter of concern shall advise the petitioner of his or her opportunity to submit
additional evidence of rehabilitation and mitigation or for a hearing, or both.
(f) The board may predetermine that the petitioner's criminal record is likely grounds for
denial of a license only after the board has held a hearing on the petitioner's eligibility in
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The
hearing shall be held in person, by remote video, or by teleconference within 60 days of
receipt of the predetermination petition. The individual shall have the opportunity to
include character witnesses at the hearing, including but not limited to family members,
friends, past or prospective employers, probation or parole officers, and rehabilitation
counselors, who may offer their verbal or written support. The board shall not make an
adverse inference by a petitioner's decision to forgo a hearing or character witnesses. The
board shall issue a final decision within 60 days of complete submission of the issue for
consideration or the hearing, whichever is later.
(g) If the board decides that a predetermination petitioner is ineligible for a license, the
board shall notify the petitioner of the following:
(1) The grounds and rationale for the predetermination, including the specific
convictions and the factors in subsection (a) of Code Section 43-3-21.1 the board deemed
directly relevant;
(2) An explanation of the process and right to appeal the board's predetermination
decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and
(3) Any actions the petitioner may take to remedy the disqualification. An individual
who receives a predetermination of ineligibility may submit a revised petition reflecting
completion of the remedial actions. The individual may submit a new petition to the
board not before one year following a final judgment on his or her initial petition or upon
completing the remedial actions, whichever is earlier.
(h) The denial of a predetermination petition because of the applicant's criminal record
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative
hearing reviewing the denial of a predetermination petition, the applicant shall have the
burden of proving that his or her criminal record does not directly relate to the licensed
occupation."
SECTION 2-2.
Said title is further amended in Code Section 43-3-27, relating to notification by an
individual issued a license or certification as an accountant of conviction, time limit, and
suspension, 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) of Code Section 43-1-19 43-1-1 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 2-3.
Said title is further amended in Code Section 43-9-12, relating to refusal, suspension, or
revocation of chiropractor licenses, subpoenas, other discipline, judicial review,
reinstatement, voluntary surrender of license, injunctions, and statement of complaint, by
revising paragraphs (3) and (4) of subsection (a) as follows:
"(3) Been convicted of any felony or covered misdemeanor 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 and paragraph (4) of 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, as used in this paragraph, 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. Any such record shall be
considered in the manner prescribed by subsection (q) of Code Section 43-1-19;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime
involving moral turpitude, covered misdemeanor where such record is considered in the
manner prescribed by subsection (q) of Code Section 43-1-19 and:
(A) A plea of nolo contendere was entered to the charge; or
(B) First offender treatment without adjudication of guilt pursuant to the charge was
granted; or The licensee or applicant is currently serving a sentence pursuant to Article
3 of Chapter 8 of Title 42, another state's first offender laws, or subsection (a) or (c) of
Code Section 16-13-2.
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.
The plea of nolo contendere or the order entered pursuant to the provisions of Article 3
of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender
treatment shall be conclusive evidence of arrest and sentencing for such crime;"
SECTION 2-4.
Said title is further amended in Code Section 43-10-20, relating to the 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 2-5.
Said title is further amended in Code Section 43-24A-9, relating to provisional permits for
massage therapists, by revising subsection (a) as follows:
"(a) A provisional permit to practice as a provisionally permitted massage therapist shall,
upon proper application, be issued for a six-month period to an applicant who meets the
following criteria:
(1) Holds and maintains a valid license as a massage therapist in another state;
(2) Is not a resident of this state as confirmed in a secure and verifiable document, as
defined in Code Section 50-36-2;
(3) Has not had a license or permit to practice as a massage therapist voided, revoked,
suspended, denied, or annulled by this state or another state, territory, or jurisdiction; and
(4) Has not been convicted of a directly related 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 a plea to such charge for which an individual is
currently serving a first offender sentence in the same manner as provided in paragraph
(4) of subsection (a) of subsection (q) of Code Section 43-1-19. For purposes of this
paragraph, the term 'felony' shall have the same meaning a provided in Code Section
43-1-1."
SECTION 2-6.
Said title is further amended in Code Section 43-39A-14, relating to grant of licenses for
appraisers by the Real Estate Commission and Appraisers Board, grounds for suspension or
revocation of license, other sanctions, surrender or lapse, and conviction, by revising
subsection (b) as follows:
"(b)(1) As used in this subsection, the term:
(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of
a felony or any crime involving moral turpitude covered misdemeanor, regardless of
whether an appeal of the conviction has been brought; a sentencing to first offender
treatment without an adjudication of guilt pursuant to a charge of a felony or any crime
involving moral turpitude a covered misdemeanor; or a plea of nolo contendere to a
charge of a felony or any crime involving moral turpitude covered misdemeanor.
(B) 'Felony' means any offense committed:
(i) Within this state and deemed a felony under the laws of this state or under the
laws of the United States; or
(ii) In another state and deemed a felony under the laws of that state or the laws of
the United States.
(1.1) No person who has a directly related conviction shall be eligible to become an
applicant for a license or an approval authorized by this chapter unless such person has
successfully completed all terms and conditions of any sentence imposed for such
conviction, provided that if such individual has multiple convictions, at least five years
shall have passed since the individual satisfied all terms and conditions of any sentence
imposed for the last conviction before making application for licensure or approval; and
provided, further, that if such individual has a single conviction, at least two years shall
have passed since the individual satisfied all terms and conditions of any sentence
imposed for the last conviction before making application for licensure or approval.
(1.2) The board shall recommend disciplinary action or denial of an application for
licensure or approval authorized by this chapter on the basis of a criminal conviction or
adjudication only if the conviction or adjudication directly relates to the role of an
appraiser. In determining if a criminal conviction or adjudication directly relates to the
role of an appraiser, the board shall consider:
(A) The nature and seriousness of the crime and the direct relationship of the criminal
conduct to the duties and responsibilities of the appraiser;
(B) The age of the individual at the time such crime was committed;
(C) The length of time elapsed since such crime was committed;
(D) All circumstances relative to such crime, including, but not limited to, mitigating
circumstances or social conditions surrounding the commission of the offense; and
(E) Evidence of rehabilitation and present fitness to perform the duties of the
occupation for which the license is sought or held, including, but not limited to:
(i) The completion of the criminal sentence;
(ii) A program and treatment certificate issued by the Board of Corrections;
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol
treatment program;
(iv) Testimonials and recommendations, which may include a progress report from
the individual's probation or parole officer;
(v) Education and training;
(vi) Employment history;
(vii) Employment aspirations;
(viii) The individual's current family or community responsibilities, or both;
(ix) Any affidavits or other written documents, including, but not limited to, character
references; and
(x) Any other information regarding rehabilitation the individual submits to the
board.
The board shall have the burden of determining whether it is more likely than not that a
criminal record supports an adverse licensing decision.
(1.3) In determining whether to terminate and revoke a license, the board shall not
consider nor require an individual to disclose:
(A) A deferred adjudication, discharged first offender treatment, completed diversion
program, completed conditional discharge, or arrest not followed by a conviction;
(B) A conviction for which no sentence of incarceration can be imposed;
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or
pardoned, provided that the board may consider a plea for which an individual is
currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or
(D) A juvenile adjudication.
(1.2)(1.4) A person who has a directly related conviction in a court of competent
jurisdiction of this state or any other state shall be eligible to become an applicant for a
licensure or an approval authorized by this chapter only if:
(A) Such person has satisfied all terms and conditions of any conviction such person
may have had before making application for licensure or approval, provided that if such
individual has multiple convictions, at least five years shall have passed since the
individual satisfied all terms and conditions of any sentence imposed for the last
conviction before making application for licensure or approval; and provided, further,
that if such individual has been convicted of a single felony or of a single crime of
moral turpitude covered misdemeanor, at least two years shall have passed since the
individual satisfied all terms and conditions of any sentence imposed for the last
conviction before making application for licensure or approval;
(B) No criminal charges for forgery, embezzlement, obtaining money under false
pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation
violation, or a crime involving moral turpitude covered misdemeanor are pending
against the person; and
(C) Such person presents to the commission satisfactory proof that the person now
bears a good reputation for honesty, trustworthiness, integrity, and competence to
transact the business of a licensee in such a manner as to safeguard the interest of the
public.
(2) Where an applicant for any classification or approval authorized by this chapter has
been convicted in a court of competent jurisdiction of this state or any other state of the
offense of forgery, embezzlement, obtaining money under false pretenses, theft,
extortion, or conspiracy to defraud or other like offense or offenses or has been convicted
of a felony, a sexual offense, a probation violation, or a crime involving moral turpitude,
such conviction in itself may be a sufficient ground for refusal of a classification or
approval. An applicant for any classification or approval authorized by this chapter who
has been convicted of any offense enumerated in this paragraph may be issued a
classification or approval by the board only if:
(A) The time periods identified in paragraph (1.1) of this subsection have passed since
the applicant was convicted, sentenced, or released from any incarceration, whichever
is later;
(B) No criminal charges are pending against the applicant; and
(C) The applicant presents to the board satisfactory proof that the applicant now bears
a good reputation for honesty, trustworthiness, integrity, and competence to transact
real estate appraisal activity in such a manner as to safeguard the interest of the public."
SECTION 2-7.
Said title is further amended in Code Section 43-40-15, relating to grant of licenses for
brokers and salespersons by the Real Estate Commission and Appraisers Board, grounds for
suspension or revocation of license, other sanctions, surrender or lapse, and conviction, by
revising subsection (b) as follows:
"(b)(1) As used in this Code section, the term:
(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of
a felony or any crime involving moral turpitude covered misdemeanor, regardless of
whether an appeal of the conviction has been brought; a sentencing to first offender
treatment without an adjudication of guilt pursuant to a charge of a felony or any crime
involving moral turpitude covered misdemeanor; or a plea of nolo contendere to a
charge of a felony or any crime involving moral turpitude covered misdemeanor.
(B) 'Felony' means any offense committed:
(i) Within this state and deemed a felony under the laws of this state or under the
laws of the United States; or
(ii) In another state and deemed a felony under the laws of that state or the laws of
the United States.
(1.1) No person who has a directly related conviction shall be eligible to become an
applicant for a license or an approval authorized by this chapter unless such person has
successfully completed all terms and conditions of any sentence imposed for such
conviction, provided that if such individual has multiple convictions, at least five years
shall have passed since the individual satisfied all terms and conditions of any sentence
imposed for the last conviction before making application for licensure or approval; and
provided, further, that if such individual has a single conviction, at least two years shall
have passed since the individual satisfied all terms and conditions of any sentence
imposed for the last conviction before making application for licensure or approval.
(1.2) The commission shall recommend disciplinary action or denial of an application
for a licensure or approval authorized by this chapter on the basis of a criminal conviction
or adjudication only if the conviction or adjudication directly relates to the role of the
license sought. In determining if a criminal conviction or adjudication directly relates to
the role of a broker or real estate salesperson, the commission shall consider:
(A) The nature and seriousness of the crime and the direct relationship of the criminal
conduct to the duties and responsibilities of the licensee;
(B) The age of the individual at the time such crime was committed;
(C) The length of time elapsed since such crime was committed;
(D) All circumstances relative to such crime, including, but not limited to, mitigating
circumstances or social conditions surrounding the commission of the offense; and
(E) Evidence of rehabilitation and present fitness to perform the duties of the
occupation for which the license is sought or held, including, but not limited to:
(i) The completion of the criminal sentence;
(ii) A program and treatment certificate issued by the Board of Corrections;
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol
treatment program;
(iv) Testimonials and recommendations, which may include a progress report from
the individual's probation or parole officer;
(v) Education and training;
(vi) Employment history;
(vii) Employment aspirations;
(viii) The individual's current family or community responsibilities, or both;
(ix) Any affidavits or other written documents, including, but not limited to, character
references; and
(x) Any other information regarding rehabilitation the individual submits to the
commission.
The commission shall have the burden of determining whether it is more likely than not
that a conviction supports an adverse licensing decision.
(1.3) In determining whether to terminate and revoke a license, the commission shall not
consider nor require an individual to disclose:
(A) A deferred adjudication, discharged first offender treatment, completed diversion
program, completed conditional discharge, or arrest not followed by a conviction;
(B) A conviction for which no sentence of incarceration can be imposed;
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or
pardoned, provided that the commission may consider a plea for which an individual
is currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2; or
(D) A juvenile adjudication.
(1.2)(1.4) A person who has a directly related conviction in a court of competent
jurisdiction of this state or any other state shall be eligible to become an applicant for a
licensure or an approval authorized by this chapter only if:
(A) Such person has satisfied all terms and conditions of any conviction such person
may have had before making application for licensure or approval, provided that if such
individual has multiple convictions, at least five years shall have passed since the
individual satisfied all terms and conditions of any sentence imposed for the last
conviction before making application for licensure or approval; and provided, further,
that if such individual has been convicted of a single felony or of a single crime of
moral turpitude covered misdemeanor, at least two years shall have passed since the
individual satisfied all terms and conditions of any sentence imposed for the last
conviction before making application for licensure or approval;
(B) No criminal charges for forgery, embezzlement, obtaining money under false
pretenses, theft, extortion, conspiracy to defraud, a felony, a sexual offense, a probation
violation, or a crime involving moral turpitude covered misdemeanor are pending
against the person; and
(C) Such person presents to the commission satisfactory proof that the person now
bears a good reputation for honesty, trustworthiness, integrity, and competence to
transact the business of a licensee in such a manner as to safeguard the interest of the
public.
(2) Where an applicant for any license or approval authorized by this chapter has been
convicted of forgery, embezzlement, obtaining money under false pretenses, theft,
extortion, conspiracy to defraud, or other like offense or offenses or has been convicted
of a felony, a sexual offense, a probation violation, or a crime involving moral turpitude
and has been convicted thereof in a court of competent jurisdiction of this state or any
other state such conviction in itself may be sufficient ground for refusal of a license or
approval authorized by this chapter. An applicant for licensure as an associate broker or
a broker who has been convicted of any offense enumerated in this paragraph may be
licensed by the commission as an associate broker or a broker only if:
(A) At least ten years have passed since the applicant was convicted, sentenced, or
released from any incarceration, whichever is later;
(B) No criminal charges are pending against the applicant; and
(C) The applicant presents to the commission satisfactory proof that the applicant now
bears a good reputation for honesty, trustworthiness, integrity, and competence to
transact the business of a licensee in such a manner as to safeguard the interest of the
public."
SECTION 2-8.
Said title is further amended in Code Section 43-45-9, relating to examination for structural
pest control operator certification by the Structural Pest Control Commission, by revising
subsection (a) as follows:
"(a)(1) All applicants for examination for certification as an operator must have a
knowledge of the practical and scientific facts underlying the practice of structural pest
control, control of wood-destroying organisms, and fumigation and the necessary
knowledge and ability to recognize and control those hazardous conditions which may
affect human life and health. The commission may refuse to examine anyone convicted
of a crime involving moral turpitude directly related felony or directly related covered
misdemeanor.
(2) The commission shall refuse to examine an applicant on the basis of a criminal record
only if the criminal record directly relates to the role of an operator. In determining if a
criminal record directly relates to the role of a pest control operator, the commission shall
consider:
(A) The nature and seriousness of the crime and the direct relationship of the criminal
conduct to the duties and responsibilities of the operator;
(B) The age of the individual at the time such crime was committed;
(C) The length of time elapsed since such crime was committed;
(D) All circumstances relative to such crime, including, but not limited to, mitigating
circumstances or social conditions surrounding the commission of the offense; and
(E) Evidence of rehabilitation and present fitness to perform the duties of the
occupation for which the certificate is sought or held, including, but not limited to:
(i) The completion of the criminal sentence;
(ii) A program and treatment certificate issued by the Board of Corrections;
(iii) Completion of, or active participation in, a rehabilitative drug or alcohol
treatment program;
(iv) Testimonials and recommendations, which may include a progress report from
the individual's probation or parole officer;
(v) Education and training;
(vi) Employment history;
(vii) Employment aspirations;
(viii) The individual's current family or community responsibilities, or both;
(ix) Whether a bond is required to practice the occupation;
(x) Any affidavits or other written documents, including, but not limited to, character
references; and
(xi) Any other information regarding rehabilitation the individual submits to the
commission.
(3) In determining whether to refuse to examine an applicant, the commission shall not
consider nor require an individual to disclose:
(A) A deferred adjudication, discharged first offender treatment, completed diversion
program, completed conditional discharge, or arrest not followed by a conviction;
(B) A conviction for which no sentence of incarceration can be imposed;
(C) A conviction that has been restricted, sealed, annulled, dismissed, vacated, or
pardoned, provided that the commission may consider a plea for which an individual
is currently serving a sentence pursuant to Article 3 of Chapter 8 of Title 42, another
state's first offender laws, or subsection (a) or (c) of Code Section 16-13-2;
(D) A juvenile adjudication;
(E) A misdemeanor conviction older than five years, unless the offense of conviction
is listed in subparagraph (j)(4)(B) of Code Section 35-3-37; or
(F) A conviction older than five years for which the individual was not incarcerated,
or a conviction for which the individual's incarceration ended more than five years
before the date of the commission's consideration, except for a felony conviction related
to:
(i) A criminal sexual act;
(ii) Criminal fraud or embezzlement;
(iii) Aggravated assault;
(iv) Aggravated robbery;
(v) Aggravated abuse, neglect, or endangerment of a child;
(vi) Arson;
(vii) Carjacking;
(viii) Kidnapping; or
(ix) Manslaughter, homicide, or murder.
(4)(A) Notwithstanding any other provision of law, an individual with a criminal
record may petition the commission at any time, including while incarcerated and
before starting or completing any required professional qualifications for certification,
for a predetermination as to whether the individual's criminal record will disqualify
such individual from obtaining a certification as an operator.
(B) The petition for predetermination shall include the individual's criminal record or
authorize the commission to obtain the individual's criminal record. The petitioning
individual need not disclose any offenses falling under paragraph (3) of this subsection.
The petition shall also include any information the petitioner chooses to submit
concerning the circumstances of his or her record and his or her rehabilitation.
(C) In considering predetermination petitions, the commission shall apply the direct
relationship standard in paragraph (2) of this subsection and shall not consider any
offenses falling under paragraph (3) of this subsection. The commission shall support
any adverse predetermination by determining whether it is more likely than not that a
criminal record supports an adverse certification decision.
(D) A predetermination made under this paragraph that a petitioner is eligible for a
certification shall be binding on the commission only if the petitioner applies for
certification and fulfills all other requirements for operator certification and the
petitioner's submitted criminal record was correct and remains unchanged at the time
of his or her application for certification.
(E) If a petitioner's criminal record includes matters that may disqualify the petitioner
from certification, the commission shall notify the petitioner of the potentially
disqualifying convictions. The letter of concern shall advise the petitioner of his or her
opportunity to submit additional evidence of rehabilitation and mitigation or for a
hearing, or both.
(F) The commission may predetermine that the petitioner's criminal record is likely
grounds for denial of certification only after the commission has held a hearing on the
petitioner's eligibility in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.' The hearing shall be held in person, by remote video,
or by teleconference within 60 days of receipt of the predetermination petition. The
individual shall have the opportunity to include character witnesses at the hearing,
including but not limited to family members, friends, past or prospective employers,
probation or parole officers, and rehabilitation counselors, who may offer their verbal
or written support. The commission shall not make an adverse inference by a
petitioner's decision to forgo a hearing or character witnesses. The commission shall
issue a final decision within 60 days of complete submission of the issue for
consideration or the hearing, whichever is later.
(G) If the commission decides that a predetermination petitioner is ineligible for a
license, the commission shall notify the petitioner of the following:
(i) The grounds and rationale for the predetermination, including any of the
petitioner's specific convictions and the factors provided for in paragraph (2) of this
subsection the commission deemed directly relevant;
(ii) An explanation of the process and right to appeal the commission's
predetermination decision under Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act'; and
(iii) Any actions the petitioner may take to remedy the disqualification. An
individual who receives a predetermination of ineligibility may submit a revised
petition reflecting completion of the remedial actions. The individual may submit a
new petition to the commission not before one year following a final judgment on his
or her initial petition or upon completing the remedial actions, whichever is earlier.
(H) The denial of a predetermination petition because of the applicant's criminal record
shall constitute a contested case as defined in Code Section 50-13-2. In an
administrative hearing reviewing the denial of a predetermination petition, the applicant
shall have the burden of proving that his or her criminal record does not directly relate
to the licensed occupation."
PART III
SECTION 3-1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in
Article 1 of Chapter 23, relating to agents, agencies, subagents, counselors, and adjusters, by
adding two new Code sections to read as follows:
"33-23-21.2.
(a) Notwithstanding any other provision of law, an individual with a criminal record may
petition the Commissioner at any time, including while incarcerated and before starting or
completing any required professional qualifications for licensure, for a predetermination
as to whether the individual's criminal record will disqualify him or her from obtaining a
license.
(b) The petition for predetermination shall include the individual's criminal record or
authorize the Commissioner to obtain the individual's criminal record. The petition shall
also include information submitted by the petitioner concerning the circumstances of his
or her record and his or her rehabilitation.
(c) A predetermination made under this Code section that a petitioner is eligible for a
license shall be binding on the Commissioner only if the petitioner applies for licensure and
fulfills all other requirements for the licensure and the petitioner's submitted criminal
record was correct and remains unchanged at the time of his or her application for a license.
(d) If a petitioner's criminal record includes matters that may disqualify the petitioner from
licensure, the Commissioner shall provide notice and opportunity for a hearing in
accordance with Chapter 2 of this title.
(e) If, after notice and the opportunity for a hearing, the Commissioner decides that a
predetermination petitioner is ineligible for a license, the Commissioner shall notify the
petitioner of the following:
(1) The grounds and rationale for the predetermination, including the factors in Code
Section 33-23-21.2 the Commissioner deemed directly relevant;
(2) An explanation of the process and right to appeal the Commissioner's
predetermination decision; and
(3) Any actions the petitioner may take to remedy the disqualification. An individual
who receives a predetermination of ineligibility may submit a revised petition reflecting
completion of the remedial actions. The individual may submit a new petition to the
Commissioner not before one year following a final judgment on his or her initial petition
or upon completing the remedial actions, whichever is earlier.
(f) Notwithstanding any other provision of this title to the contrary, a denial by the
Commissioner of a predetermination petition because of the applicant's criminal record
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative
hearing reviewing the denial of a predetermination petition, the applicant shall have the
burden of proving that his or her criminal record does not directly relate to the licensed
occupation."
"33-23-43.11.
(a) Notwithstanding any other provision of law, an individual with a criminal record may
petition the Commissioner at any time, including while incarcerated and before starting or
completing any required professional qualifications for licensure, for a predetermination
as to whether the individual's criminal record will disqualify him or her from obtaining a
public adjuster's license.
(b) The petition for predetermination shall include the individual's criminal record or
authorize the Commissioner to obtain the individual's criminal record. The petition shall
also include information submitted by the petitioner concerning the circumstances of his
or her record and his or her rehabilitation.
(c) A predetermination made under this Code section that a petitioner is eligible for a
license shall be binding on the Commissioner only if the petitioner applies for licensure and
fulfills all other requirements for the licensure and the petitioner's submitted criminal
record was correct and remains unchanged at the time of his or her application for a
license.
(d) If a petitioner's criminal record includes matters that may disqualify the petitioner from
licensure, the Commissioner shall provide notice and opportunity for a hearing in
accordance with Chapter 2 of this title.
(e) If, after notice and the opportunity for a hearing, the Commissioner decides that a
predetermination petitioner is ineligible for a license, the Commissioner shall notify the
petitioner of the following:
(1) The grounds and rationale for the predetermination, including the specific
convictions and the factors in Code Section 33-23-43.11 the Commissioner deemed
directly relevant;
(2) An explanation of the process and right to appeal the Commissioner's
predetermination decision; and
(3) Any actions the petitioner may take to remedy the disqualification. An individual
who receives a predetermination of ineligibility may submit a revised petition reflecting
completion of the remedial actions. The individual may submit a new petition to the
Commissioner not before one year following a final judgment on his or her initial petition
or upon completing the remedial actions, whichever is earlier.
(f) Notwithstanding any other provision of this title to the contrary, a denial by the
Commissioner of a predetermination petition because of the applicant's criminal record
shall constitute a contested case as defined in Code Section 50-13-2. In an administrative
hearing reviewing the denial of a predetermination petition, the applicant shall have the
burden of proving that his or her criminal record does not directly relate to the licensed
occupation."
PART IV
SECTION 4-1.
Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter
standards and training, is amended by adding a new subsection to Code Section 25-4-8,
relating to qualifications of firefighters generally, to read as follows:
"(d) A person who pleaded guilty to a felony offense under Article 3 of Chapter 8 of Title
42 and successfully completed the terms of his or her sentence pursuant to Article 3 of
Chapter 8 of Title 42 may, at the council's discretion, be certified and employed as a
firefighter if such person otherwise meets the qualifications set forth in this Code section.
Such person shall provide information on the circumstances underlying the plea of guilty,
as requested by the council, to enable the council to make an informed decision on such
individual's qualification status."
PART V
SECTION 5-1.
Code Section 17-10-21 of the Official Code of Georgia Annotated, relating to vacating of
sentence for trafficking victim defendants, is amended by revising subparagraph (a)(2)(C)
and subsection (b) as follows:
"(C) Shall be submitted with a copy of his or her criminal history background check
report conducted by the Georgia Crime Information Center that has been completed no
more than three ten business days prior to the filing of the petition; provided, however,
that the defendant shall not be charged a fee by the Georgia Crime Information Center
for a report produced for purposes of this Code section; and"
"(b) When a petition provided for under subsection (a) of this Code section is filed, it shall
be filed under seal. The clerk of court shall accept defendant's filing under seal without
need of a court order for any petition provided for under subsection (a) of this Code
section. All subsequent filings, motions, hearings, court recordings, court transcripts,
orders, and other court documents related to such petition shall remain under seal without
need for any additional court order."
PART VI
SECTION 6-1.
(a) Except as provided in subsection (b) of this section, this Act shall become effective on
July 1, 2026.
(b) Parts I through IV of this Act shall become effective on July 1, 2027, and shall apply to
all applications for licensure submitted on or after such date.
SECTION 6-2.
All laws and parts of laws in conflict with this Act are repealed.