Full Text of SB3434 97th General Assembly
SB3434 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3434 Introduced 2/7/2012, by Sen. Thomas Johnson SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/5-5-5 | from Ch. 38, par. 1005-5-5 |
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Amends the Unified Code of Corrections. Makes a technical change in a Section concerning loss and restoration of rights of persons convicted of crimes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-5-5 as follows:
| 6 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 7 | | Sec. 5-5-5. Loss and Restoration of Rights.
| 8 | | (a) Conviction and and disposition shall not entail the | 9 | | loss by the
defendant of any civil rights, except under this | 10 | | Section and Sections 29-6
and 29-10 of The Election Code, as | 11 | | now or hereafter amended.
| 12 | | (b) A person convicted of a felony shall be ineligible to | 13 | | hold an office
created by the Constitution of this State until | 14 | | the completion of his sentence.
| 15 | | (c) A person sentenced to imprisonment shall lose his right | 16 | | to vote
until released from imprisonment.
| 17 | | (d) On completion of sentence of imprisonment or upon | 18 | | discharge from
probation, conditional discharge or periodic | 19 | | imprisonment, or at any time
thereafter, all license rights and | 20 | | privileges
granted under the authority of this State which have | 21 | | been revoked or
suspended because of conviction of an offense | 22 | | shall be restored unless the
authority having jurisdiction of | 23 | | such license rights finds after
investigation and hearing that |
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| 1 | | restoration is not in the public interest.
This paragraph (d) | 2 | | shall not apply to the suspension or revocation of a
license to | 3 | | operate a motor vehicle under the Illinois Vehicle Code.
| 4 | | (e) Upon a person's discharge from incarceration or parole, | 5 | | or upon a
person's discharge from probation or at any time | 6 | | thereafter, the committing
court may enter an order certifying | 7 | | that the sentence has been
satisfactorily completed when the | 8 | | court believes it would assist in the
rehabilitation of the | 9 | | person and be consistent with the public welfare.
Such order | 10 | | may be entered upon the motion of the defendant or the State or
| 11 | | upon the court's own motion.
| 12 | | (f) Upon entry of the order, the court shall issue to the | 13 | | person in
whose favor the order has been entered a certificate | 14 | | stating that his
behavior after conviction has warranted the | 15 | | issuance of the order.
| 16 | | (g) This Section shall not affect the right of a defendant | 17 | | to
collaterally attack his conviction or to rely on it in bar | 18 | | of subsequent
proceedings for the same offense.
| 19 | | (h) No application for any license specified in subsection | 20 | | (i) of this
Section granted under the
authority of this State | 21 | | shall be denied by reason of an eligible offender who
has | 22 | | obtained a certificate of relief from disabilities, as
defined | 23 | | in Article 5.5 of this Chapter, having been previously | 24 | | convicted of one
or more
criminal offenses, or by reason of a | 25 | | finding of lack of "good moral
character" when the finding is | 26 | | based upon the fact that the applicant has
previously been |
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| 1 | | convicted of one or more criminal offenses, unless:
| 2 | | (1) there is a direct relationship between one or more | 3 | | of the previous
criminal offenses and the specific license | 4 | | sought; or
| 5 | | (2) the issuance of the license would
involve an | 6 | | unreasonable risk to property or to the safety or welfare | 7 | | of
specific individuals or the general public.
| 8 | | In making such a determination, the licensing agency shall | 9 | | consider the
following factors:
| 10 | | (1) the public policy of this State, as expressed in | 11 | | Article 5.5 of this
Chapter, to encourage the licensure and | 12 | | employment of persons previously
convicted of one or more | 13 | | criminal offenses;
| 14 | | (2) the specific duties and responsibilities | 15 | | necessarily related to the
license being sought;
| 16 | | (3) the bearing, if any, the criminal offenses or | 17 | | offenses for which the
person
was previously convicted will | 18 | | have on his or her fitness or ability to perform
one or
| 19 | | more such duties and responsibilities;
| 20 | | (4) the time which has elapsed since the occurrence of | 21 | | the criminal
offense or offenses;
| 22 | | (5) the age of the person at the time of occurrence of | 23 | | the criminal
offense or offenses;
| 24 | | (6) the seriousness of the offense or offenses;
| 25 | | (7) any information produced by the person or produced | 26 | | on his or her
behalf in
regard to his or her rehabilitation |
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| 1 | | and good conduct, including a certificate
of relief from | 2 | | disabilities issued to the applicant, which certificate | 3 | | shall
create a presumption of rehabilitation in regard to | 4 | | the offense or offenses
specified in the certificate; and
| 5 | | (8) the legitimate interest of the licensing agency in | 6 | | protecting
property, and
the safety and welfare of specific | 7 | | individuals or the general public.
| 8 | | (i) A certificate of relief from disabilities shall be | 9 | | issued only
for a
license or certification issued under the | 10 | | following Acts:
| 11 | | (1) the Animal Welfare Act; except that a certificate | 12 | | of relief from
disabilities may not be granted
to provide | 13 | | for
the
issuance or restoration of a license under the | 14 | | Animal Welfare Act for any
person convicted of violating | 15 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 16 | | Care for Animals Act or Section 26-5 of the Criminal Code | 17 | | of
1961;
| 18 | | (2) the Illinois Athletic Trainers Practice Act;
| 19 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 20 | | and Nail Technology Act of 1985;
| 21 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 22 | | Act;
| 23 | | (5) the Boxing and Full-contact Martial Arts Act;
| 24 | | (6) the Illinois Certified Shorthand Reporters Act of | 25 | | 1984;
| 26 | | (7) the Illinois Farm Labor Contractor Certification |
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| 1 | | Act;
| 2 | | (8) the Interior Design Title Act;
| 3 | | (9) the Illinois Professional Land Surveyor Act of | 4 | | 1989;
| 5 | | (10) the Illinois Landscape Architecture Act of 1989;
| 6 | | (11) the Marriage and Family Therapy Licensing Act;
| 7 | | (12) the Private Employment Agency Act;
| 8 | | (13) the Professional Counselor and Clinical | 9 | | Professional Counselor
Licensing
Act;
| 10 | | (14) the Real Estate License Act of 2000;
| 11 | | (15) the Illinois Roofing Industry Licensing Act; | 12 | | (16) the Professional Engineering Practice Act of | 13 | | 1989; | 14 | | (17) the Water Well and Pump Installation Contractor's | 15 | | License Act; | 16 | | (18) the Electrologist Licensing Act;
| 17 | | (19) the Auction License Act; | 18 | | (20) Illinois Architecture Practice Act of 1989; | 19 | | (21) the Dietetic and Nutrition Services Practice Act; | 20 | | (22) the Environmental Health Practitioner Licensing | 21 | | Act; | 22 | | (23) the Funeral Directors and Embalmers Licensing | 23 | | Code; | 24 | | (24) the Land Sales Registration Act of 1999; | 25 | | (25) the Professional Geologist Licensing Act; | 26 | | (26) the Illinois Public Accounting Act; and |
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| 1 | | (27) the Structural Engineering Practice Act of 1989.
| 2 | | (Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11.)
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