SENATE BILL 583

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

INTRODUCED BY

Bill B. O’Neill and Alonzo Baldonado

AN ACT

RELATING TO CRIMINAL OFFENDERS; AMENDING SECTION 28-2-3 NMSA 1978 (BEING LAWS 1974, CHAPTER 78, SECTION 3, AS AMENDED).

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] Except as otherwise provided in the Criminal Offender Employment Act, 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. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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