Full Text of HB0014 102nd General Assembly
HB0014enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Professional Regulation Law | 5 | | of the
Civil Administrative Code of Illinois is amended by | 6 | | changing Sections 2105-131 and 2105-205 as follows: | 7 | | (20 ILCS 2105/2105-131) | 8 | | Sec. 2105-131. Applicants with criminal convictions; | 9 | | notice of denial. | 10 | | (a) For the purposes of this Section, "mitigating factors" | 11 | | means any information, evidence, conduct, or circumstances | 12 | | before, during, or after the offense or offenses reviewed by | 13 | | the Department that may reflect on an applicant's request for | 14 | | licensure, registration, or certification through the | 15 | | Department, such as 3 years having passed since release from | 16 | | confinement. Mitigating factors are not a bar to licensure, | 17 | | instead they provide guidance for the Department when | 18 | | considering licensure, registration, or certification for an | 19 | | applicant with criminal history. | 20 | | Except as provided in Section 2105-165 of this Act | 21 | | regarding licensing restrictions based on enumerated offenses | 22 | | for health care workers as defined in the Health Care Worker | 23 | | Self-Referral Act and except as provided in any licensing Act |
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| 1 | | administered by the Department in which convictions of certain | 2 | | enumerated offenses are a bar to licensure, the Department, | 3 | | upon a finding that an applicant for a license, certificate, | 4 | | or registration was previously convicted of a felony or | 5 | | misdemeanor that may be grounds for refusing to issue a | 6 | | license or certificate or to grant a registration, shall | 7 | | consider any mitigating factors and evidence of rehabilitation | 8 | | contained in the applicant's record, including the | 9 | | circumstances surrounding the offense or offenses and any of | 10 | | the following, to determine whether a prior conviction will | 11 | | impair the ability of the applicant to engage in the practice | 12 | | for which a license, certificate, or registration is sought: | 13 | | (1) the lack of direct relation of the offense for | 14 | | which the applicant was previously convicted to the | 15 | | duties, functions, and responsibilities of the position | 16 | | for which a license is sought; | 17 | | (2) any mitigating factors from the point of arrest or | 18 | | indictment when determined to be appropriate, unless | 19 | | otherwise specified and including, but not limited to, | 20 | | whether 5 years since a felony conviction or 3 years since | 21 | | release from confinement for the conviction, whichever is | 22 | | later, have passed without a subsequent conviction; | 23 | | (3) if the applicant was previously licensed or | 24 | | employed in this State or other states or jurisdictions, | 25 | | the lack of prior misconduct arising from or related to | 26 | | the licensed position or position of employment; |
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| 1 | | (4) the age of the person at the time of the criminal | 2 | | offense; | 3 | | (4.5) if, due to the applicant's criminal conviction | 4 | | history, the applicant would be explicitly prohibited by | 5 | | federal rules or regulations from working in the position | 6 | | for which a license is sought; | 7 | | (5) successful completion of sentence and, for | 8 | | applicants serving a term of parole or probation, a | 9 | | progress report provided by the applicant's probation or | 10 | | parole officer that documents the applicant's compliance | 11 | | with conditions of supervision; | 12 | | (6) evidence of the applicant's present fitness and | 13 | | professional character; | 14 | | (7) evidence of rehabilitation or rehabilitative | 15 | | effort during or after incarceration, or during or after a | 16 | | term of supervision, including, but not limited to, a | 17 | | certificate of good conduct under Section 5-5.5-25 of the | 18 | | Unified Code of Corrections or certificate of relief from | 19 | | disabilities under Section 5-5.5-10 of the Unified Code of | 20 | | Corrections; and | 21 | | (8) any other mitigating factors that contribute to | 22 | | the person's potential and current ability to perform the | 23 | | job duties. | 24 | | (b) If the Department refuses to issue a license or | 25 | | certificate or grant registration to an applicant based upon a | 26 | | conviction or convictions, in whole or in part, the Department |
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| 1 | | shall notify the applicant of the denial in writing with the | 2 | | following included in the notice of denial: | 3 | | (1) a statement about the decision to refuse to grant | 4 | | a license, certificate, or registration , including an | 5 | | explanation of how the conviction directly relates to and | 6 | | would prevent the person from effectively engaging in the | 7 | | position for which a license, registration, or certificate | 8 | | is sought ; | 9 | | (2) a list of convictions that the Department | 10 | | determined will impair the applicant's ability to engage | 11 | | in the position for which a license, registration, or | 12 | | certificate is sought; | 13 | | (3) a list of convictions that formed the sole or | 14 | | partial basis for the refusal to issue a license or | 15 | | certificate or grant registration; and | 16 | | (4) a summary of the appeal process or the earliest | 17 | | the applicant may reapply for a license, certificate, or | 18 | | registration, whichever is applicable.
| 19 | | (c) The Department shall post on its website a list of all | 20 | | State licensing restrictions that would prohibit an applicant | 21 | | from working in a position for which a license is sought. | 22 | | (Source: P.A. 100-286, eff. 1-1-18; 101-388, eff. 1-1-20 .)
| 23 | | (20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
| 24 | | Sec. 2105-205. Publication of disciplinary actions; annual | 25 | | report. |
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| 1 | | (a) The
Department shall publish on its website, at least | 2 | | monthly, final disciplinary actions taken by
the Department | 3 | | against a licensee or applicant pursuant to any licensing Act | 4 | | administered by the Department. The specific disciplinary | 5 | | action and the name of the applicant or
licensee shall be | 6 | | listed.
| 7 | | (b) No later than May 1 of each year, the Department must | 8 | | prepare, publicly announce, and publish a report of summary | 9 | | statistical information relating to new license, | 10 | | certification, or registration applications during the | 11 | | preceding calendar year. Each report shall show at minimum: | 12 | | (1) the number of applicants for each new license, | 13 | | certificate, or registration administered by the | 14 | | Department in the previous calendar year; | 15 | | (2) the number of applicants for a new license, | 16 | | certificate, or registration within the previous calendar | 17 | | year who had any criminal conviction; | 18 | | (3) the number of applicants for a new license, | 19 | | certificate, or registration in the previous calendar year | 20 | | who were granted a license, registration, or certificate; | 21 | | (4) the number of applicants for a new license, | 22 | | certificate, or registration within the previous calendar | 23 | | year with a criminal conviction who were granted a | 24 | | license, certificate, or registration in the previous | 25 | | calendar year; | 26 | | (5) the number of applicants for a new license, |
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| 1 | | certificate, or registration in the previous calendar year | 2 | | who were denied a license, registration, or certificate; | 3 | | (6) the number of applicants for new license, | 4 | | certificate, or registration in the previous calendar year | 5 | | with a criminal conviction who were denied a license, | 6 | | certificate, or registration in part or in whole because | 7 | | of such conviction , including the types of criminal | 8 | | convictions ; | 9 | | (7) the number of licenses issued on probation within | 10 | | the previous calendar year to applicants with a criminal | 11 | | conviction; and | 12 | | (8) the number of licensees or certificate holders who | 13 | | were granted expungement for a record of discipline based | 14 | | on a conviction predating licensure, certification, or | 15 | | registration or a criminal charge, arrest, or conviction | 16 | | that was dismissed, sealed, or expunged or did not arise | 17 | | from the regulated activity, as a share of the total such | 18 | | expungement requests. | 19 | | (Source: P.A. 99-227, eff. 8-3-15; 100-286, eff. 1-1-18 .)
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