Full Text of SB3403 99th General Assembly
SB3403sam001 99TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 5/4/2016
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| 1 | | AMENDMENT TO SENATE BILL 3403
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3403 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Best | 5 | | Candidate for the Job Act. | 6 | | Section 5. Purpose. This Act is intended to ensure that
| 7 | | public agencies properly consider
persons previously convicted | 8 | | of one or more criminal offenses for
licensure.
| 9 | | Section 10. Definitions. For the purposes of this Act: | 10 | | "Direct relationship" means that the nature of criminal
| 11 | | conduct for which the person was convicted has a direct bearing
| 12 | | on his or her fitness or ability to perform one or more of the | 13 | | duties
or responsibilities necessarily related to the license | 14 | | in question. | 15 | | "License" means any certificate, license, permit, or grant
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| 1 | | of permission required by the laws of this State, its political
| 2 | | subdivisions, or instrumentalities as a condition for the | 3 | | lawful
practice of any occupation, employment, trade, | 4 | | vocation,
business, or profession. | 5 | | "Public agency" means the State or any local subdivision
| 6 | | thereof, or any State or local department, agency, board, or
| 7 | | commission.
| 8 | | Section 15. Applicability. This Act applies to any person
| 9 | | who applies for a license at any public agency
who has | 10 | | previously been convicted of one or more
criminal offenses in | 11 | | any jurisdiction or whose conviction of
one or more criminal | 12 | | offenses in any jurisdiction preceded the
granting of a | 13 | | license.
| 14 | | Section 20. Discrimination against persons previously | 15 | | convicted of one or more criminal offenses prohibited. No
| 16 | | application for any license, to which the provisions of this
| 17 | | Act are applicable, shall be denied or acted upon adversely by
| 18 | | reason of the person having been previously convicted of
one or | 19 | | more criminal offenses or by reason of a finding of lack
of | 20 | | good moral character when that finding is based upon the
fact | 21 | | that the person has previously been convicted of one
or more | 22 | | criminal offenses, unless, after carefully considering
the | 23 | | factors specified in Section 25 of this Act, the licensing
| 24 | | agency determines that: |
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| 1 | | (1) there is a direct relationship between one or more
of | 2 | | the previous criminal offenses and the specific license
sought | 3 | | or held by the person; and | 4 | | (2) the issuance or continuation of the license or the
| 5 | | granting would involve a
substantial risk to property or to the | 6 | | safety or welfare
of specific persons or the general public.
| 7 | | Section 25. Factors to be considered concerning a previous | 8 | | criminal conviction.
| 9 | | (a) In making a determination under Section 20 of this Act, | 10 | | the
public agency shall consider the following
factors: | 11 | | (1) The public policy of this State to encourage the
| 12 | | licensure of persons previously convicted of one or more | 13 | | criminal offenses. | 14 | | (2) The specific duties and responsibilities
| 15 | | necessarily related to the license sought or
held by the | 16 | | person.
| 17 | | (3) The bearing, if any, the criminal offense or
| 18 | | offenses for which the person was previously convicted will
| 19 | | have on his or her fitness or ability to perform one or | 20 | | more of the duties or responsibilities necessarily related | 21 | | to the license in question. | 22 | | (4) Any evidence demonstrating the ability of the | 23 | | applicant to perform the responsibilities of the license in | 24 | | question.
| 25 | | (5) The time that has elapsed since the occurrence of
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| 1 | | the criminal offense or offenses. | 2 | | (6) The age of the person at the time of the criminal | 3 | | offense or offenses. | 4 | | (7) The seriousness of the offense or offenses. | 5 | | (8) The circumstances surrounding the offense or
| 6 | | offenses. | 7 | | (9) Any information produced by the person, or produced
| 8 | | on the person's behalf, in regard to the person's
| 9 | | rehabilitation and good conduct. | 10 | | (10) The legitimate interest of the public agency
in | 11 | | protecting property, and the safety and
welfare of specific | 12 | | persons or the general public.
| 13 | | (b) In making a determination under Section 20 of this Act, | 14 | | the
public agency shall also give consideration
to a | 15 | | certificate of relief from disabilities or a certificate
of | 16 | | good conduct issued to the applicant, which certificate
shall | 17 | | create a presumption of rehabilitation in regard to the
offense | 18 | | or offenses specified in the certificate.".
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