SENATE BILL 120

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Bill B. O'Neill and Alonzo Baldonado

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO EMPLOYMENT OF EX-CONVICTS; EXTENDING THE PROVISIONS OF THE CRIMINAL OFFENDER EMPLOYMENT ACT TO INCLUDE PRIVATE EMPLOYERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 28-2-3 NMSA 1978 (being Laws 1974, Chapter 78, Section 3, as amended) is amended to read:

     "28-2-3. EMPLOYMENT ELIGIBILITY DETERMINATION.--

          A. Subject to the provisions of Subsection B of this section and Sections 28-2-4 and 28-2-5 NMSA 1978, in determining eligibility for any private employment or employment with the state or any of its political subdivisions or for a license, permit, certificate or other authority to engage in any regulated trade, business or profession, the employer or the board or other department or agency having jurisdiction may take into consideration a conviction, but the conviction shall not operate as an automatic bar to obtaining private or public employment or license or other authority to practice the trade, business or profession. An employer or a board, department or agency of the state or any of its political subdivisions shall not make an inquiry regarding a conviction on an initial application for employment and shall only take into consideration a conviction after the applicant has been selected as a finalist for the position.

          B. The following criminal records shall not be used, distributed or disseminated in connection with an application for any [public] employment, license or other authority:

                (1) records of arrest not followed by a valid conviction; and

                (2) misdemeanor convictions not involving moral turpitude."

     SECTION 2. Section 28-2-4 NMSA 1978 (being Laws 1974, Chapter 78, Section 4, as amended by Laws 1997, Chapter 238, Section 5 and also by Laws 1997, Chapter 251, Section 1) is amended to read:

     "28-2-4. POWER TO REFUSE, RENEW, SUSPEND OR REVOKE PRIVATE OR PUBLIC EMPLOYMENT OR LICENSE.--

          A. Any private employer or board or other agency having jurisdiction over employment by the state or any of its political subdivisions or the practice of any trade, business or profession may refuse to grant or renew or may suspend or revoke any private or public employment or license or other authority to engage in the [public] employment, trade, business or profession for any one or any combination of the following causes:

                (1) where the applicant, employee or licensee has been convicted of a felony or a misdemeanor involving moral turpitude and the criminal conviction directly relates to the particular employment, trade, business or profession;

                (2) where the applicant, employee or licensee has been convicted of a felony or a misdemeanor involving moral turpitude and the criminal conviction does not directly relate to the particular employment, trade, business or profession, if the private employer or the board or other agency determines after investigation that the person so convicted has not been sufficiently rehabilitated to warrant the public trust; or

                (3) where the applicant, employee or licensee has been convicted of homicide, kidnapping, trafficking in controlled substances, criminal sexual penetration or related sexual offenses or child abuse and the applicant, employee or licensee has applied for reinstatement, renewal or issuance of a teaching certificate, a license to operate a child-care facility or employment at a child-care facility, regardless of rehabilitation.

          B. The private employer or board or other agency shall explicitly state in writing the reasons for a decision [which] that prohibits the person from engaging in the employment, trade, business or profession if the decision is based in whole or in part on conviction of any crime described in Paragraphs (1) and (3) of Subsection A of this section. Completion of probation or parole supervision or expiration of a period of three years after final discharge or release from any term of imprisonment without any subsequent conviction shall create a presumption of sufficient rehabilitation for purposes of Paragraph (2) of Subsection A of this section."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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