Rep. Curtis J. Tarver, II

Filed: 3/18/2021





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2    AMENDMENT NO. ______. Amend House Bill 14 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Sections 2105-131 and 2105-205 as follows:
7    (20 ILCS 2105/2105-131)
8    Sec. 2105-131. Applicants with criminal convictions;
9notice of denial.
10    (a) For the purposes of this Section, "mitigating factors"
11means any information, evidence, conduct, or circumstances
12before, during, or after the offense or offenses reviewed by
13the Department that may reflect on an applicant's request for
14licensure, registration, or certification through the
15Department, such as 3 years having passed since release from
16confinement. Mitigating factors are not a bar to licensure,



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1instead they provide guidance for the Department when
2considering licensure, registration, or certification for an
3applicant with criminal history.
4    Except as provided in Section 2105-165 of this Act
5regarding licensing restrictions based on enumerated offenses
6for health care workers as defined in the Health Care Worker
7Self-Referral Act and except as provided in any licensing Act
8administered by the Department in which convictions of certain
9enumerated offenses are a bar to licensure, the Department,
10upon a finding that an applicant for a license, certificate,
11or registration was previously convicted of a felony or
12misdemeanor that may be grounds for refusing to issue a
13license or certificate or to grant a registration, shall
14consider any mitigating factors and evidence of rehabilitation
15contained in the applicant's record, including the
16circumstances surrounding the offense or offenses and any of
17the following, to determine whether a prior conviction will
18impair the ability of the applicant to engage in the practice
19for which a license, certificate, or registration is sought:
20        (1) the lack of direct relation of the offense for
21    which the applicant was previously convicted to the
22    duties, functions, and responsibilities of the position
23    for which a license is sought;
24        (2) any mitigating factors from the point of arrest or
25    indictment when determined to be appropriate, unless
26    otherwise specified and including, but not limited to,



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1    whether 5 years since a felony conviction or 3 years since
2    release from confinement for the conviction, whichever is
3    later, have passed without a subsequent conviction;
4        (3) if the applicant was previously licensed or
5    employed in this State or other states or jurisdictions,
6    the lack of prior misconduct arising from or related to
7    the licensed position or position of employment;
8        (4) the age of the person at the time of the criminal
9    offense;
10        (4.5) if, due to the applicant's criminal conviction
11    history, the applicant would be explicitly prohibited by
12    federal rules or regulations from working in the position
13    for which a license is sought;
14        (5) successful completion of sentence and, for
15    applicants serving a term of parole or probation, a
16    progress report provided by the applicant's probation or
17    parole officer that documents the applicant's compliance
18    with conditions of supervision;
19        (6) evidence of the applicant's present fitness and
20    professional character;
21        (7) evidence of rehabilitation or rehabilitative
22    effort during or after incarceration, or during or after a
23    term of supervision, including, but not limited to, a
24    certificate of good conduct under Section 5-5.5-25 of the
25    Unified Code of Corrections or certificate of relief from
26    disabilities under Section 5-5.5-10 of the Unified Code of



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1    Corrections; and
2        (8) any other mitigating factors that contribute to
3    the person's potential and current ability to perform the
4    job duties.
5    (b) If the Department refuses to issue a license or
6certificate or grant registration to an applicant based upon a
7conviction or convictions, in whole or in part, the Department
8shall notify the applicant of the denial in writing with the
9following included in the notice of denial:
10        (1) a statement about the decision to refuse to grant
11    a license, certificate, or registration, including an
12    explanation of how the conviction directly relates to and
13    would prevent the person from effectively engaging in the
14    position for which a license, registration, or certificate
15    is sought;
16        (2) a list of convictions that the Department
17    determined will impair the applicant's ability to engage
18    in the position for which a license, registration, or
19    certificate is sought;
20        (3) a list of convictions that formed the sole or
21    partial basis for the refusal to issue a license or
22    certificate or grant registration; and
23        (4) a summary of the appeal process or the earliest
24    the applicant may reapply for a license, certificate, or
25    registration, whichever is applicable.
26    (c) The Department shall post on its website a list of all



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1State licensing restrictions that would prohibit an applicant
2from working in a position for which a license is sought.
3(Source: P.A. 100-286, eff. 1-1-18; 101-388, eff. 1-1-20.)
4    (20 ILCS 2105/2105-205)  (was 20 ILCS 2105/60.3)
5    Sec. 2105-205. Publication of disciplinary actions; annual
7    (a) The Department shall publish on its website, at least
8monthly, final disciplinary actions taken by the Department
9against a licensee or applicant pursuant to any licensing Act
10administered by the Department. The specific disciplinary
11action and the name of the applicant or licensee shall be
13    (b) No later than May 1 of each year, the Department must
14prepare, publicly announce, and publish a report of summary
15statistical information relating to new license,
16certification, or registration applications during the
17preceding calendar year. Each report shall show at minimum:
18        (1) the number of applicants for each new license,
19    certificate, or registration administered by the
20    Department in the previous calendar year;
21        (2) the number of applicants for a new license,
22    certificate, or registration within the previous calendar
23    year who had any criminal conviction;
24        (3) the number of applicants for a new license,
25    certificate, or registration in the previous calendar year



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1    who were granted a license, registration, or certificate;
2        (4) the number of applicants for a new license,
3    certificate, or registration within the previous calendar
4    year with a criminal conviction who were granted a
5    license, certificate, or registration in the previous
6    calendar year;
7        (5) the number of applicants for a new license,
8    certificate, or registration in the previous calendar year
9    who were denied a license, registration, or certificate;
10        (6) the number of applicants for new license,
11    certificate, or registration in the previous calendar year
12    with a criminal conviction who were denied a license,
13    certificate, or registration in part or in whole because
14    of such conviction, including the types of criminal
15    convictions;
16        (7) the number of licenses issued on probation within
17    the previous calendar year to applicants with a criminal
18    conviction; and
19        (8) the number of licensees or certificate holders who
20    were granted expungement for a record of discipline based
21    on a conviction predating licensure, certification, or
22    registration or a criminal charge, arrest, or conviction
23    that was dismissed, sealed, or expunged or did not arise
24    from the regulated activity, as a share of the total such
25    expungement requests.
26(Source: P.A. 99-227, eff. 8-3-15; 100-286, eff. 1-1-18.)".