|
REFERENCE TITLE: provisional licenses; criminal convictions |
|
State of Arizona Senate Fifty-third Legislature First Regular Session 2017
|
|
SB 1071 |
|
|
|
Introduced by Senator Burges
|
AN ACT
amending Title 41, chapter 6, Arizona Revised Statutes, by adding article 11; relating to licensing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 6, Arizona Revised Statutes, is amended by adding article 11, to read:
ARTICLE 11. PROVISIONAL LICENSES FOR EX-OFFENDERS
41‑1093. Provisional license; eligibility; definition
A. Notwithstanding any other law and unless subsection J or K of this section applies, a licensing authority shall issue to an otherwise qualified applicant who has been convicted of an offense either of the following:
1. The regular license for which the applicant applied.
2. A provisional license.
B. The provisional license shall be valid for a term of ninety days or more but not more than three hundred sixty days as specified by the licensing authority by rule.
C. The licensing authority may revoke a provisional license if the provisional licensee:
1. Commits a new offense.
2. Commits an act or omission that causes the provisional licensee's community supervision, probation or parole to be revoked, if applicable.
3. Violates the law or rules governing the practice of the occupation for which the provisional license is issued.
D. The licensing authority shall issue the regular license for which the applicant originally applied to a provisional licensee on the expiration of the provisional license term if the provisional licensee does not engage in conduct prescribed in subsection C of this section.
E. If the licensing authority revokes a provisional license under subsection C of this section, the provisional licensee is not entitled to receive another provisional license or the regular license for which the applicant originally applied, even if otherwise qualified. The ability of such a person to subsequently obtain another such license in the future is within the discretion of the licensing authority.
F. An applicant who is on community supervision, probation or parole and who is issued a provisional license under this section shall provide to the licensing authority the name and contact information of the community supervision, probation or parole officer to whom the applicant reports. The licensing authority shall notify the community supervision, probation or parole officer that a provisional license has been issued. The community supervision, probation or parole officer shall notify the licensing authority if the provisional licensee's community supervision, probation or parole is revoked during the term of the provisional license. The court shall also notify the licensing authority if the provisional licensee is charged with a new offense.
G. If a provisional licensee was convicted of an offense that involves a violation of title 13, chapter 15 or 19 within the last ten years and if the occupation is one in which a licensee regularly enters private residences, the provisional license must include a condition that the provisional licensee only work under the direct supervision of another licensee who has no criminal record during all home visits and the supervising licensee must sign a verifying affidavit. If the offense occurred more than ten years ago, the condition is discretionary with the licensing authority. The regular license may include this condition if the licensing authority determines that the condition is warranted. The licensing authority may conduct reasonable enforcement activities to ensure this supervision condition is complied with over the course of the license term.
H. This section does not preclude a licensing authority from exercising its existing discretion to issue a license to individuals who are not covered under this section.
I. A person who is incarcerated may not apply for a provisional license until after the person's release.
J. This section does not apply to:
1. A person who is convicted of:
(a) A violent crime as defined in section 13‑901.03.
(b) A sexual offense as defined in section 13‑1420.
(c) Kidnapping under section 13‑1304.
(d) An offense involving fraud if the licensed occupation is one in which the licensee owes a fiduciary duty to a client.
2. Any occupation where the licensee would be supervising individuals who lack mental capacity or children without another licensee in the same room at all times.
3. Any initial or renewal license application where the applicant was convicted of committing an offense in the course of performing the duties of the occupation or a substantially similar occupation.
K. If the licensing authority believes another exemption not provided in this section is necessary in a specific case to protect the public from a clear and imminent danger, the licensing authority may seek declaratory relief in district court through a judicial order finding that the applicant should not be issued a regular or provisional license because it would pose such a danger.
L. For the purposes of this section, "licensing authority" means any agency, department, board or commission of this state or any political subdivision of this state that issues a license for the purposes of operating a business in this state to an individual who provides a service to any person.