STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 2105	By:	Johnson (Constance)

AS INTRODUCED

An Act relating to the Department of Corrections certificate program; requiring development of certain certificate program by the Department of Corrections; providing for adoption of rules; authorizing issuance of certain certificates to certain persons; stating limitations; stating prohibitions on automatic forfeiture for certain documents; providing exceptions; clarifying certain revocation and suspension powers of other entities; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 568 of Title 57, unless there is created a duplication in numbering, reads as follows:
A.  Upon the effective date of this act, the Department of Corrections shall develop a certificate program as provided in this section for those offenders set for release.  The Board of Corrections shall promulgate and adopt any rules necessary to carry out the provisions of this act.
B.  A certificate of relief from disabilities may be granted as provided in this section to relieve an eligible offender of any forfeiture or disability, or to remove any bar to his or her employment, automatically imposed by law by reason of a conviction of a crime or of an offense specified therein.  Such certificate may be limited to one or more enumerated forfeitures, disabilities or bars, or may relieve the eligible offender of all forfeitures, disabilities and bars.  Provided, however, that no such certificate shall apply, or be construed so as to apply, to the right of such person to retain or to be eligible for public office.
C.  Notwithstanding any other provision of law, except for an offense pursuant to Section 751 et seq. of Title 47 of the Oklahoma Statutes, a conviction of a crime or of an offense specified in a certificate of relief from disabilities shall not cause automatic forfeiture of any license, permit, employmen, or franchise, including the right to register for or vote at an election, except those deemed a violent felony offense as provided by law, or automatic forfeiture of any other right or privilege held by the eligible offender and covered by the certificate.  Nor shall such conviction be deemed to be a conviction within the meaning of any provision of law that imposes, by reason of a conviction, a bar to any employment, a disability to exercise any right or a disability to apply for or to receive any license, permit or other authority or privilege covered by the certificate; provided, however, that a conviction for a second or subsequent violation of Section 751 et seq. of Title 47 of the Oklahoma Statutes committed within the preceding ten (10) years shall impose a disability to apply for or receive a driver license during the period provided in such law; and provided further, however, that a conviction for any felony as provided by law, shall impose a disability to apply for or receive a license or permit issued pursuant to the Oklahoma Self-Defense Act.
D.  Notwithstanding any other provision of law, except for an offense pursuant to Section 751 et seq. of Title 47 of the Oklahoma Statutes, a conviction of a crime or of an offense specified in a certificate of relief from disabilities shall not cause automatic forfeiture of any license other than a license issued pursuant to the Oklahoma Self-Defense Act, or permit, employment or franchise, including the right to register for or vote at an election, except being convicted of any felony offense as provided by law, or automatic forfeiture of any other right or privilege held by the eligible offender and covered by the certificate.  Nor shall such conviction be deemed to be a conviction within the meaning of any provision of law that imposes, by reason of a conviction, a bar to any employment, a disability to exercise any right or a disability to apply for or to receive any license, permit or other authority or privilege covered by the certificate; provided, however, that a conviction for a second or subsequent violation of any of the offenses in this subsection within the preceding ten (10) years shall impose a disability to apply for or receive a driver license during the period provided in such law; and provided further, however, that a conviction for any felony shall impose a disability to apply for or receive a license or permit issued pursuant to the Oklahoma Self-Defense Act.
E.  A certificate of relief from disabilities shall not, however, in any way prevent any judicial, administrative, licensing or other body, board or authority from relying upon the conviction specified therein as the basis for the exercise of its discretionary power to suspend, revoke, refuse to issue or refuse to renew any license, permit or other authority or privilege.
SECTION 2.  This act shall become effective November 1, 2014.

54-2-2946	 LKS	1/16/2014 7:22:35 PM