Public Act 093-0914
 		





SB0948 Enrolled
LRB093 02910 RLC 02926 b






    AN ACT in relation to criminal law. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5. The Unified Code of Corrections is amended  by 
changing Section 5-5-5 as follows:
 



    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)



    Sec. 5-5-5. Loss and Restoration of Rights. 

    (a) Conviction and disposition shall not entail the loss by 
the
defendant of any civil rights, except under this Section 
and Sections 29-6
and 29-10 of The Election Code, as now or 
hereafter amended.

    (b) A person convicted of a felony shall be ineligible to 
hold an office
created by the Constitution of this State until 
the completion of his sentence.

    (c) A person sentenced to imprisonment shall lose his right 
to vote
until released from imprisonment.

    (d) On completion of sentence of imprisonment or upon 
discharge from
probation, conditional discharge or periodic 
imprisonment, or at any time
thereafter, all license rights and 
privileges
granted under the authority of this State which have 
been revoked or
suspended because of conviction of an offense 
shall be restored unless the
authority having jurisdiction of 
such license rights finds after
investigation and hearing that 
restoration is not in the public interest.
This paragraph (d) 
shall not apply to the suspension or revocation of a
license to 
operate a motor vehicle under the Illinois Vehicle Code.

    (e) Upon a person's discharge from incarceration or parole, 
or upon a
person's discharge from probation or at any time 
thereafter, the committing
court may enter an order certifying 
that the sentence has been
satisfactorily completed when the 
court believes it would assist in the
rehabilitation of the 
person and be consistent with the public welfare.
Such order 
may be entered upon the motion of the defendant or the State or

upon the court's own motion.

    (f) Upon entry of the order, the court shall issue to the 
person in
whose favor the order has been entered a certificate 
stating that his
behavior after conviction has warranted the 
issuance of the order.

    (g) This Section shall not affect the right of a defendant 
to
collaterally attack his conviction or to rely on it in bar 
of subsequent
proceedings for the same offense.

    (h) No application for any license specified in subsection 
(i) of this
Section granted under the
authority of this State 
shall be denied by reason of an eligible offender who
has 
obtained a certificate of relief from disabilities, as
defined 
in Article 5.5 of this Chapter, having been previously 
convicted of one
or more
criminal offenses, or by reason of a 
finding of lack of "good moral
character" when the finding is 
based upon the fact that the applicant has
previously been 
convicted of one or more criminal offenses, unless:


        (1) there is a direct relationship between one or more 
    of the previous
criminal offenses and the specific license 
    sought; or


        (2) the issuance of the license would
involve an 
    unreasonable risk to property or to the safety or welfare 
    of
specific individuals or the general public.

    In making such a determination, the licensing agency shall 
consider the
following factors:


        (1) the public policy of this State, as expressed in 
    Article 5.5 of this
Chapter, to encourage the licensure and 
    employment of persons previously
convicted of one or more 
    criminal offenses;


        (2) the specific duties and responsibilities 
    necessarily related to the
license being sought;


        (3) the bearing, if any, the criminal offenses or 
    offenses for which the
person
was previously convicted will 
    have on his or her fitness or ability to perform
one or

    more such duties and responsibilities;


        (4) the time which has elapsed since the occurrence of 
    the criminal
offense or offenses;


        (5) the age of the person at the time of occurrence of 
    the criminal
offense or offenses;


        (6) the seriousness of the offense or offenses;


        (7) any information produced by the person or produced 
    on his or her
behalf in
regard to his or her rehabilitation 
    and good conduct, including a certificate
of relief from 
    disabilities issued to the applicant, which certificate 
    shall
create a presumption of rehabilitation in regard to 
    the offense or offenses
specified in the certificate; and


        (8) the legitimate interest of the licensing agency in 
    protecting
property, and
the  safety and welfare of specific 
    individuals or the general public.

    (i) A certificate of relief from disabilities shall be 
issued only
for a
license or certification issued under the 
following Acts:


        (1) the Animal Welfare Act; except that a certificate 
    of relief from
disabilities may not be granted
to provide 
    for
the
issuance or restoration of a license under the 
    Animal Welfare Act for any
person convicted of violating 
    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane 
    Care for Animals Act or Section 26-5 of the Criminal Code 
    of
1961;


        (2) the Illinois Athletic Trainers Practice Act;


        (3) the Barber, Cosmetology, Esthetics, and Nail 
    Technology Act of 1985;


        (4) the Boiler and Pressure Vessel Repairer Regulation 
    Act;


        (5) the Professional Boxing Act;


        (6) the Illinois Certified Shorthand Reporters Act of 
    1984;


        (7) the Illinois Farm Labor Contractor Certification 
    Act;


        (8) the Interior Design Title Act;


        (9) the Illinois Professional Land Surveyor Act of 
    1989;


        (10) the Illinois Landscape Architecture Act of 1989;


        (11) the Marriage and Family Therapy Licensing Act;


        (12) the Private Employment Agency Act;


        (13) the Professional Counselor and Clinical 
    Professional Counselor
Licensing
Act;


        (14) the Real Estate License Act of 2000; and


        (15) the Illinois Roofing Industry Licensing Act; .
        (16) the Professional Engineering Practice Act of 
    1989;
        (17) the Water Well and Pump Installation Contractor's 
    License Act; and
        (18) the Electrologist Licensing Act.


(Source: P.A. 93-207, eff. 1-1-04.)