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A031-1112 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230

240 250 260 270 280 290 300 310 320 330 340 350 AN ACT concerning Licensure and Employment of Persons Previously Convicted of Criminal Offenses FOR the purpose of prohibiting discrimination against persons previously arrested for an offense or convicted of one or more criminal offenses. BY adding to Article State Government Title 20. Human Relations Subtitle 6A. Discrimination in Employment and Licensure Criminal History Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the laws of Maryland read as follows: 20-6A-01. DEFINITIONS (a) IN GENERAL. -- IN THIS ARTICLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (b) "PUBLIC AGENCY" MEANS THE STATE OR ANY LOCAL SUBDIVISION THEREOF, OR ANY STATE OR LOCAL DEPARTMENT, AGENCY, BOARD OR COMMISSION. (c) "PRIVATE EMPLOYER" MEANS ANY PERSON, COMPANY, CORPORATION, LABOR ORGANIZATION OR ASSOCIATION WHICH EMPLOYS TEN OR MORE PERSONS. (d) "DIRECT RELATIONSHIP" MEANS THAT THE NATURE OF CRIMINAL CONDUCT FOR WHICH THE PERSON WAS CONVICTED HAS A DIRECT BEARING ON HIS FITNESS OR ABILITY TO PERFORM ONE OR MORE OF THE DUTIES OR RESPONSIBILITIES NECESSARILY RELATED TO THE LICENSE OR EMPLOYMENT SOUGHT. (e) "LICENSE" MEANS ANY CERTIFICATE, LICENSE, PERMIT OR GRANT OF PERMISSION REQUIRED BY THE LAWS OF THIS STATE, ITS POLITICAL SUBDIVISIONS OR INSTRUMENTALITIES AS A CONDITION FOR THE LAWFUL PRACTICE OF ANY OCCUPATION, EMPLOYMENT, TRADE, VOCATION, BUSINESS, OR PROFESSION. PROVIDED, HOWEVER, THAT "LICENSE" SHALL NOT, FOR THE PURPOSES OF THIS ARTICLE, INCLUDE ANY LICENSE OR PERMIT TO OWN, POSSESS, CARRY, OR FIRE ANY EXPLOSIVE, PISTOL, HANDGUN, RIFLE, SHOTGUN, OR OTHER FIREARM. (f) "EMPLOYMENT" MEANS ANY OCCUPATION, VOCATION OR EMPLOYMENT, OR ANY FORM OF VOCATIONAL OR EDUCATIONAL

A031-1112 360 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 610 620 630 640 650 660 670 680 690 700 710 TRAINING. PROVIDED, HOWEVER, THAT "EMPLOYMENT" SHALL NOT, FOR THE PURPOSES OF THIS ARTICLE, INCLUDE MEMBERSHIP IN ANY LAW ENFORCEMENT AGENCY. 20-6A-02. APPLICABILITY (a) THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ANY APPLICATION BY ANY PERSON WHO HAS PREVIOUSLY BEEN ARRESTED BUT NOT CONVICTED OF THE CRIME BASED ON ARREST OR CONVICTED OF ONE OR MORE CRIMINAL OFFENSES, IN THIS STATE OR IN ANY OTHER JURISDICTION, TO ANY PUBLIC AGENCY OR PRIVATE EMPLOYER FOR A LICENSE OR EMPLOYMENT, EXCEPT WHERE A MANDATORY FORFEITURE, DISABILITY OR BAR TO EMPLOYMENT IS IMPOSED BY LAW, AND HAS NOT BEEN REMOVED BY AN EXECUTIVE PARDON. 20-6A-03. UNFAIR DISCRIMINATION AGAINST PERSONS PREVIOUSLY ARRESTED FOR AN OFFENSE OR CONVICTED OF ONE OR MORE CRIMINAL OFFENSES PROHIBITED; PENALTIES (a) NO APPLICATION FOR ANY LICENSE OR EMPLOYMENT, TO WHICH THE PROVISIONS OF THIS ARTICLE ARE APPLICABLE, SHALL BE DENIED BY REASON OF THE APPLICANT'S HAVING BEEN PREVIOUSLY: (1) ARRESTED BUT NOT CONVICTED OF THE OFFENSE BASED ON ARREST; OR (2) CONVICTED OF ONE OR MORE CRIMINAL OFFENSES; OR (3) BY REASON OF A FINDING OF LACK OF GOOD MORAL CHARACTER WHEN SUCH FINDING IS BASED UPON THE FACT THAT THE APPLICANT HAS PREVIOUSLY BEEN ARRESTED FOR AN OFFENSE OR CONVICTED OF ONE OR MORE CRIMINAL OFFENSES. (b) A PUBLIC AGENCY OR PRIVATE EMPLOYER MAY DENY ANY LICENSE OR EMPLOYMENT BY REASON OF AN APPLICANTS HAVING BEEN PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES ONLY WHEN: (1) THERE IS A DIRECT RELATIONSHIP BETWEEN ONE OR MORE OF THE PREVIOUS CRIMINAL OFFENSES AND THE SPECIFIC LICENSE OR EMPLOYMENT SOUGHT; OR (2) THE ISSUANCE OF THE LICENSE OR THE GRANTING OF THE EMPLOYMENT WOULD INVOLVE AN UNREASONABLE RISK TO PROPERTY OR TO THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC.

A031-1112 720 730 740 750 760 770 780 790 800 810 820 830 840 850 860 870 880 890 900 910 920 930 940 950 960 970 980 990 (c) A PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH. 20-6A-04. FACTORS TO BE CONSIDERED CONCERNING A PREVIOUS CRIMINAL CONVICTION (a) IN MAKING A DETERMINATION PURSUANT TO SECTION 11-1103 OF THIS SUBTITLE, THE PUBLIC AGENCY OR PRIVATE EMPLOYER SHALL CONSIDER THE FOLLOWING FACTORS: (1) THE PUBLIC POLICY OF THIS STATE, AS EXPRESSED IN THIS ACT, TO ENCOURAGE THE LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES. (2) THE SPECIFIC DUTIES AND RESPONSIBILITIES NECESSARILY TO THE LICENSE OR EMPLOYMENT SOUGHT. (3) THE BEARING, IF ANY, THE CRIMINAL OFFENSE OR OFFENSES FOR WHICH THE PERSON WAS PREVIOUSLY CONVICTED WILL HAVE ON HIS FITNESS OR ABILITY TO PERFORM ONE OR MORE SUCH DUTIES OR RESPONSIBILITIES. (4) THE TIME WHICH HAS ELAPSED SINCE THE OCCURRENCE OF THE CRIMINAL OFFENSE OR OFFENSES. (5) THE AGE OF THE PERSON AT THE TIME OF OCCURRENCE OF THE CRIMINAL OFFENSE OR OFFENSES. (6) THE SERIOUSNESS OF THE OFFENSE OR OFFENSES. (7) ANY INFORMATION PRODUCED BY THE PERSON, OR PRODUCED ON HIS BEHALF, IN REGARD TO HIS REHABILITATION AND GOOD CONDUCT. (8) THE LEGITIMATE INTEREST OF THE PUBLIC AGENCY OR PRIVATE EMPLOYER IN PROTECTING PROPERTY, AND THE SAFETY AND WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC.

1000 20-6A-05. WRITTEN STATEMENT UPON DENIAL OF LICENSE OR 1010 EMPLOYMENT 1020 (a) THE PUBLIC AGENCY OR PRIVATE EMPLOYER SHALL NOTIFY IN 1030 WRITING THE APPLICANT IF THE DECISION NOT TO HIRE THE APPLICANT 1040 IS BASED IN WHOLE OR IN PART ON CRIMINAL HISTORY RECORD

A031-1112 1050 INFORMATION. 1060 20-6A-06. EMPLOYER PROTECTION AGAINST LIABILITY FOR NEGLIGENT 1070 HIRING 1080 1090 1100 1110 1120 1130 1140 1150 1160 (a) NO PUBLIC AGENCY OR PRIVATE EMPLOYER WHO COMPLIES WITH THE PROVISIONS OF THIS SUBTITLE SHALL BE LIABLE FOR ANY EMPLOYMENT DECISION BASED UPON KNOWLEDGE OF SUCH CRIMINAL HISTORY RECORD INFORMATION, PROVIDED THE INFORMATION THAT LED TO THE EMPLOYMENT REASONABLY BEARS UPON THE EMPLOYEE'S TRUSTWORTHINESS, OR THE SAFETY OR WELLBEING OF THE EMPLOYER'S EMPLOYEES OR CUSTOMERS. SECTION 2, AND BE IT FURTHER ENACTED, THAT THIS ACT SHALL TAKE EFFECT OCTOBER 1, 2012.

1170 MANDATES: 1180 Martin OMalley, Governor of Maryland 1190 Thomas V. Mike Miller, President of the Maryland State Senate 1200 Michael E. Busch, Speaker of the House of Delegates SPONSOR: Robert Brooking, University of Maryland College Park

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