Full Text of SB0948 93rd General Assembly
SB0948sam001 93RD GENERAL ASSEMBLY
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Sen. Kimberly A. Lightford
Filed: 3/5/2004
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LRB093 02910 RLC 48578 a |
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| AMENDMENT TO SENATE BILL 948
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| AMENDMENT NO. ______. Amend Senate Bill 948 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 5-5-5 as follows:
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| (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
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| Sec. 5-5-5. Loss and Restoration of Rights.
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| (a) Conviction and disposition shall not entail the loss by | 9 |
| the
defendant of any civil rights, except under this Section | 10 |
| and Sections 29-6
and 29-10 of The Election Code, as now or | 11 |
| hereafter amended.
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| (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.
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| (c) A person sentenced to imprisonment shall lose his right | 16 |
| to vote
until released from imprisonment.
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| (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| been revoked or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 | 24 |
| restoration is not in the public interest.
This paragraph (d) |
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| shall not apply to the suspension or revocation of a
license to | 2 |
| operate a motor vehicle under the Illinois Vehicle Code.
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| (e) Upon a person's discharge from incarceration or parole, | 4 |
| or upon a
person's discharge from probation or at any time | 5 |
| thereafter, the committing
court may enter an order certifying | 6 |
| that the sentence has been
satisfactorily completed when the | 7 |
| court believes it would assist in the
rehabilitation of the | 8 |
| person and be consistent with the public welfare.
Such order | 9 |
| may be entered upon the motion of the defendant or the State or
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| upon the court's own motion.
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| (f) Upon entry of the order, the court shall issue to the | 12 |
| person in
whose favor the order has been entered a certificate | 13 |
| stating that his
behavior after conviction has warranted the | 14 |
| issuance of the order.
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| (g) This Section shall not affect the right of a defendant | 16 |
| to
collaterally attack his conviction or to rely on it in bar | 17 |
| of subsequent
proceedings for the same offense.
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| (h) No application for any license specified in subsection | 19 |
| (i) of this
Section granted under the
authority of this State | 20 |
| shall be denied by reason of an eligible offender who
has | 21 |
| obtained a certificate of relief from disabilities, as
defined | 22 |
| in Article 5.5 of this Chapter, having been previously | 23 |
| convicted of one
or more
criminal offenses, or by reason of a | 24 |
| finding of lack of "good moral
character" when the finding is | 25 |
| based upon the fact that the applicant has
previously been | 26 |
| convicted of one or more criminal offenses, unless:
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| (1) there is a direct relationship between one or more | 28 |
| of the previous
criminal offenses and the specific license | 29 |
| sought; or
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| (2) the issuance of the license would
involve an | 31 |
| unreasonable risk to property or to the safety or welfare | 32 |
| of
specific individuals or the general public.
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| In making such a determination, the licensing agency shall | 34 |
| consider the
following factors:
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| (1) the public policy of this State, as expressed in | 2 |
| Article 5.5 of this
Chapter, to encourage the licensure and | 3 |
| employment of persons previously
convicted of one or more | 4 |
| criminal offenses;
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| (2) the specific duties and responsibilities | 6 |
| necessarily related to the
license being sought;
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| (3) the bearing, if any, the criminal offenses or | 8 |
| offenses for which the
person
was previously convicted will | 9 |
| have on his or her fitness or ability to perform
one or
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| more such duties and responsibilities;
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| (4) the time which has elapsed since the occurrence of | 12 |
| the criminal
offense or offenses;
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| (5) the age of the person at the time of occurrence of | 14 |
| the criminal
offense or offenses;
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| (6) the seriousness of the offense or offenses;
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| (7) any information produced by the person or produced | 17 |
| on his or her
behalf in
regard to his or her rehabilitation | 18 |
| and good conduct, including a certificate
of relief from | 19 |
| disabilities issued to the applicant, which certificate | 20 |
| shall
create a presumption of rehabilitation in regard to | 21 |
| the offense or offenses
specified in the certificate; and
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| (8) the legitimate interest of the licensing agency in | 23 |
| protecting
property, and
the safety and welfare of specific | 24 |
| individuals or the general public.
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| (i) A certificate of relief from disabilities shall be | 26 |
| issued only
for a
license or certification issued under the | 27 |
| following Acts:
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| (1) the Animal Welfare Act; except that a certificate | 29 |
| of relief from
disabilities may not be granted
to provide | 30 |
| for
the
issuance or restoration of a license under the | 31 |
| Animal Welfare Act for any
person convicted of violating | 32 |
| Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 33 |
| Care for Animals Act or Section 26-5 of the Criminal Code | 34 |
| of
1961;
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| (2) the Illinois Athletic Trainers Practice Act;
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| (3) the Barber, Cosmetology, Esthetics, and Nail | 3 |
| Technology Act of 1985;
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| (4) the Boiler and Pressure Vessel Repairer Regulation | 5 |
| Act;
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| (5) the Professional Boxing Act;
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| (6) the Illinois Certified Shorthand Reporters Act of | 8 |
| 1984;
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| (7) the Illinois Farm Labor Contractor Certification | 10 |
| Act;
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| (8) the Interior Design Title Act;
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| (9) the Illinois Professional Land Surveyor Act of | 13 |
| 1989;
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| (10) the Illinois Landscape Architecture Act of 1989;
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| (11) the Marriage and Family Therapy Licensing Act;
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| (12) the Private Employment Agency Act;
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| (13) the Professional Counselor and Clinical | 18 |
| Professional Counselor
Licensing
Act;
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| (14) the Real Estate License Act of 2000; and
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| (15) the Illinois Roofing Industry Licensing Act ; . | 21 |
| (16) the Home Medical Equipment and Services Provider | 22 |
| License Act; | 23 |
| (17) the Dietetic and Nutrition Services Practice Act; | 24 |
| (18) the Professional Engineering Practice Act of | 25 |
| 1989; | 26 |
| (19) the Water Well and Pump Installation Contractor's | 27 |
| License Act; and | 28 |
| (20) the Electrologist Licensing Act.
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| (Source: P.A. 93-207, eff. 1-1-04.)".
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