45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO EMPLOYMENT; PROVIDING AUTHORITY TO DENY, SUSPEND OR REVOKE EMPLOYMENT FOR CERTAIN CRIMINAL OFFENDERS SEEKING EMPLOYMENT IN PUBLIC EDUCATION; AMENDING A SECTION OF THE CRIMINAL OFFENDER EMPLOYMENT ACT.

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

Section 1. 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 PUBLIC EMPLOYMENT OR LICENSE.--

A. Any 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 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] when 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] when 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 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] when the applicant, employee or licensee has been convicted of murder in the first degree, murder in the second degree, voluntary manslaughter, 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; or

(4) when the applicant for a teaching certificate or applicant for employment in public education has been convicted of a felony or a misdemeanor involving moral turpitude, regardless of rehabilitation, and has not completed the term of his probation or parole, satisfied the conditions of his probation or parole or is a fugitive from justice in another jurisdiction.

B. The board or other agency shall explicitly state in writing the reasons for a decision which 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 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.