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MS HB1303
Bill
Status
4/10/2024
Primary Sponsor
Shanda Yates
Click for details
AI Summary
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Revises Mississippi's Fresh Start Act to explicitly supersede any conflicting state law ("notwithstanding any other provision of law to the contrary"), strengthening protections for people with criminal records seeking occupational licenses by prohibiting disqualification unless the crime directly relates to the licensed occupation's duties and responsibilities.
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Prohibits licensing authorities from using vague terms such as "moral turpitude," "any felony," and "good character" in licensure qualifications, and requires them to use only criminal records that are specific and directly related to the duties of the licensed occupation; authorities must apply a clear and convincing evidence standard when disqualifying applicants.
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Requires all licensing authorities to comply with the revised standards within 120 days after July 1, 2024, and allows any person with a criminal record to petition a licensing authority (for a fee not exceeding $25) to determine whether their record would disqualify them, with a response required within 30 days.
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Amends over 130 sections of Mississippi Code across dozens of professions and industries—including medicine, pharmacy, dentistry, nursing, law enforcement, real estate, gaming, insurance, education, and many others—to replace references to "felony," "moral turpitude," and "good moral character" with references to "disqualifying crime as provided in the Fresh Start Act."
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Exempts the Mississippi Bar (attorney admission/reinstatement) and the Nurse Licensure Compact from the Fresh Start Act's provisions, and preserves the ability of licensing boards to grant licenses to individuals with disqualifying convictions after considering statutory mitigating factors such as nature of the crime, time elapsed, and evidence of rehabilitation.
Legislative Description
Fresh Start Act; revise certain provisions of.
Last Action
Died On Calendar
4/10/2024