SENATE BILL 459

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Clinton D. Harden

AN ACT

RELATING TO EMPLOYMENT; AMENDING THE CRIMINAL OFFENDER EMPLOYMENT ACT TO RESTRICT THE INQUIRY AND CONSIDERATION OF A CONVICTION UNTIL THE FINAL STAGES OF THE HIRING PROCESS.

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) is amended to read:

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

          A. Subject to the provisions of Subsection B of this section and Sections [3 and 4 of the Criminal Offender Employment Act] 28-2-4 and 28-2-5 NMSA 1978, in determining eligibility for 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 regulatory board or other department or agency having jurisdiction may take into consideration [the] a conviction, but [such] the conviction shall not operate as an automatic bar to obtaining public employment or license or other authority to practice the trade, business or profession. A regulatory board, department or agency 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."

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