Louisiana § RS 40:1664.8 - Criminal background checks; provisional license

§ RS 40:1664.8. Criminal background checks; provisional license

            A. Each principal or officer of a firm holding a property protection endorsement shall undergo and pass a criminal background check prior to the firm receiving a license pursuant to this Subpart.

            B. Each person holding a property protection endorsement shall undergo and pass a criminal background check prior to receiving a license pursuant to this Subpart, except as provided in R.S. 40:1664.7(F).

            C. No person or officer or principal of a firm applying for a property protection license shall have been convicted of a felony, received a first-time offender pardon for a felony, or entered a plea of guilty or nolo contendere to a felony charge. A person whose felony conviction has been dismissed pursuant to Code of Criminal Procedure Article 893 or the equivalent judicial dismissal shall be eligible for property protection licensure if the conviction was not a felony crime of violence specifically enumerated in R.S. 14:2(B), a sex offense as defined in R.S. 15:541(24)(a), with the exception of R.S. 14:92(A)(7) and R.S. 14:80, or a felony offense against property as enumerated in R.S. 14:51 through 62.8.

            D. A conviction or a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon shall not constitute an automatic disqualification as otherwise required pursuant to Subsection C of this Section if ten or more years has elapsed between the date of application and the date of successful completion or service of any sentence, deferred adjudication, or period of probation or parole.

            E. Subsection D of this Section shall not apply to any person convicted of a felony crime of violence specifically enumerated in R.S. 14:2(B), a sex offense as defined in R.S. 15:541(24)(a), with the exception of R.S. 14:92(A)(7) and R.S. 14:80, or a felony offense against property as enumerated in R.S. 14:51 through 62.8.

            F. A felony conviction for any offense includes a conviction for the offense under the laws of another state or military, territorial, foreign, tribal, or federal law which is the equivalent to an offense in this state.

            G. The office of state fire marshal, code enforcement and building safety, may consider the seriousness and circumstances of the offense and subsequent arrests pursuant to this Section.

            H. The state fire marshal is authorized to order fingerprint analysis or any other analysis or documents deemed necessary by the state fire marshal for the purpose of verifying the criminal history of a person or named officer or principal of a firm applying for a license. The state fire marshal shall have the authority to conduct criminal history verification on a local, state, or national level. All costs for verifying criminal history shall be borne by the applicant.

            I.(1) The state fire marshal may issue a provisional license to a property protection applicant for a period not to exceed sixty days from the date of issuance while verification of the applicant's criminal history is pending. The issuance of this provisional license is contingent upon the applicant's attestation that he has never been convicted of a felony, received a first-time offender pardon for a felony, or entered a plea of guilty or nolo contendre to a felony charge. Any person with a provisional license issued pursuant to this Subsection shall work under the direct supervision and accompaniment of a technician who is licensed to the same firm and holding a valid license to perform the same acts.

            (2) The fire marshal shall revoke the provisional license issued pursuant to Paragraph (1) of this Subsection if the applicant fails to pass the criminal background check or is in violation of R.S. 14:133.

            Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2016, No. 229, §1; Acts 2020, No. 339, §1, eff. June 13, 2020; Acts 2020, 2^nd Ex. Sess., No. 54, §1, eff. Nov. 5, 2020.