Full Text of HB5516 95th General Assembly
HB5516eng 95TH GENERAL ASSEMBLY
|
|
|
HB5516 Engrossed |
|
LRB095 17071 RLC 43124 b |
|
| 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 Sections 5-5.5-5, 5-5.5-15, 5-5.5-25, and 5-5.5-30 as | 6 |
| follows:
| 7 |
| (730 ILCS 5/5-5.5-5)
| 8 |
| Sec. 5-5.5-5. Definitions and rules of construction. In | 9 |
| this Article:
| 10 |
| "Eligible offender" means a person who has been
convicted | 11 |
| of a crime that does not include any offense or attempted | 12 |
| offense that would subject a person to registration under the | 13 |
| Sex Offender Registration Act, the Arsonist Registration Act, | 14 |
| or the Child Murderer and Violent Offender Against Youth | 15 |
| Registration Act. "Eligible offender" does not include a person | 16 |
| who has been convicted of committing or attempting to commit | 17 |
| first degree murder
or of an offense that is not a crime of | 18 |
| violence as
defined in Section 2 of the Crime Victims | 19 |
| Compensation Act, a Class X or
a nonprobationable offense, or a | 20 |
| violation of Article 11 or Article 12 of the
Criminal Code of | 21 |
| 1961, but who has not been convicted more than twice of a
| 22 |
| felony .
| 23 |
| "Felony" means a conviction of a felony in this State, or
|
|
|
|
HB5516 Engrossed |
- 2 - |
LRB095 17071 RLC 43124 b |
|
| 1 |
| of an offense in any other jurisdiction for which a sentence to | 2 |
| a
term of imprisonment in excess of one year, was authorized.
| 3 |
| Notwithstanding any other rulemaking authority that may | 4 |
| exist, neither the Governor nor any agency or agency head under | 5 |
| the jurisdiction of the Governor has any authority to make or | 6 |
| promulgate rules to implement or enforce the provisions of this | 7 |
| amendatory Act of the 95th General Assembly. If, however, the | 8 |
| Governor believes that rules are necessary to implement or | 9 |
| enforce the provisions of this amendatory Act of the 95th | 10 |
| General Assembly, the Governor may suggest rules to the General | 11 |
| Assembly by filing them with the Clerk of the House and the | 12 |
| Secretary of the Senate and by requesting that the General | 13 |
| Assembly authorize such rulemaking by law, enact those | 14 |
| suggested rules into law, or take any other appropriate action | 15 |
| in the General Assembly's discretion. Nothing contained in this | 16 |
| amendatory Act of the 95th General Assembly shall be | 17 |
| interpreted to grant rulemaking authority under any other | 18 |
| Illinois statute where such authority is not otherwise | 19 |
| explicitly given. For the purposes of this Section, "rules" is | 20 |
| given the meaning contained in Section 1-70 of the Illinois | 21 |
| Administrative Procedure Act, and "agency" and "agency head" | 22 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 23 |
| the Illinois Administrative Procedure Act to the extent that | 24 |
| such definitions apply to agencies or agency heads under the | 25 |
| jurisdiction of the Governor. | 26 |
| For the purposes of this Article the following rules of |
|
|
|
HB5516 Engrossed |
- 3 - |
LRB095 17071 RLC 43124 b |
|
| 1 |
| construction apply:
| 2 |
| (i) two or more convictions of felonies charged in | 3 |
| separate counts of one
indictment or information shall be | 4 |
| deemed to be one conviction;
| 5 |
| (ii) two or more convictions of felonies charged in 2 | 6 |
| or more indictments
or informations, filed in the same | 7 |
| court prior to entry of judgment under any
of them, shall | 8 |
| be deemed to be one conviction; and
| 9 |
| (iii) a plea or a verdict of guilty upon which a | 10 |
| sentence
of probation, conditional discharge, or | 11 |
| supervision
has been imposed shall be deemed to be a | 12 |
| conviction.
| 13 |
| (Source: P.A. 93-207, eff. 1-1-04; 94-1067, eff. 8-1-06.)
| 14 |
| (730 ILCS 5/5-5.5-15)
| 15 |
| Sec. 5-5.5-15. Certificates of relief from disabilities | 16 |
| issued by courts.
| 17 |
| (a) Any circuit court of this State may, in its discretion, | 18 |
| issue a
certificate of
relief from disabilities to an eligible | 19 |
| offender for a conviction that
occurred in that court if the | 20 |
| court imposed a sentence other than one
executed by commitment | 21 |
| to an institution under the Department of
Corrections. The | 22 |
| certificate may be issued (i) at the time
sentence is | 23 |
| pronounced, in which case it may grant relief from forfeiture | 24 |
| of licenses as well as from
disabilities, or (ii) at any time
| 25 |
| thereafter, in which case it shall apply only to disabilities.
|
|
|
|
HB5516 Engrossed |
- 4 - |
LRB095 17071 RLC 43124 b |
|
| 1 |
| (b) The certificate may not be issued by the court unless | 2 |
| the court
is satisfied that:
| 3 |
| (1) the person to whom it is to be granted is an | 4 |
| eligible offender, as
defined in Section 5-5.5-5;
| 5 |
| (2) the relief to be granted by the certificate is | 6 |
| consistent with the
rehabilitation of the eligible | 7 |
| offender; and
| 8 |
| (3) the relief to be granted by the certificate is | 9 |
| consistent with the
public interest.
| 10 |
| (c) If a certificate of relief from disabilities is not | 11 |
| issued at
the time sentence is pronounced it shall only be | 12 |
| issued thereafter upon
verified application to the court. The | 13 |
| court may, for the purpose of
determining whether the | 14 |
| certificate shall be issued, request the
probation or court | 15 |
| services department to conduct an investigation of the
| 16 |
| applicant. Any probation officer
requested to make an | 17 |
| investigation under this Section shall
prepare and submit to | 18 |
| the court a written report in accordance with the
request.
| 19 |
| (d) Any court that has issued a certificate of relief from | 20 |
| disabilities
may at any time issue a new certificate to enlarge | 21 |
| the relief previously
granted provided that the provisions of | 22 |
| clauses (1)
through (3) of subsection (b) of this Section apply | 23 |
| to the issuance of
any such new certificate.
| 24 |
| (e) Any written report submitted to the court under this | 25 |
| Section
is confidential and may not be made available to any | 26 |
| person or public or
private agency except if specifically |
|
|
|
HB5516 Engrossed |
- 5 - |
LRB095 17071 RLC 43124 b |
|
| 1 |
| required or permitted by
statute or upon specific authorization | 2 |
| of the court. However, it shall
be made available by the court | 3 |
| for examination by the applicant's
attorney, or the applicant | 4 |
| himself or herself, if he or she has no attorney. In
its | 5 |
| discretion, the court may except from disclosure a part or | 6 |
| parts of the
report that are not relevant to the granting of a | 7 |
| certificate, or
sources of information which have been obtained | 8 |
| on a promise of
confidentiality, or any other portion of the | 9 |
| report, disclosure of which
would not be in the interest of | 10 |
| justice. The action of the court excepting
information from | 11 |
| disclosure shall be subject to appellate review. The
court, in | 12 |
| its discretion, may hold a conference in open court or in
| 13 |
| chambers to afford an applicant an opportunity to controvert or | 14 |
| to
comment upon any portions of the report. The court may also | 15 |
| conduct a
summary hearing at the conference on any matter | 16 |
| relevant to the granting
of the application and may take | 17 |
| testimony under oath.
| 18 |
| (f) Notwithstanding any other rulemaking authority that | 19 |
| may exist, neither the Governor nor any agency or agency head | 20 |
| under the jurisdiction of the Governor has any authority to | 21 |
| make or promulgate rules to implement or enforce the provisions | 22 |
| of this amendatory Act of the 95th General Assembly. If, | 23 |
| however, the Governor believes that rules are necessary to | 24 |
| implement or enforce the provisions of this amendatory Act of | 25 |
| the 95th General Assembly, the Governor may suggest rules to | 26 |
| the General Assembly by filing them with the Clerk of the House |
|
|
|
HB5516 Engrossed |
- 6 - |
LRB095 17071 RLC 43124 b |
|
| 1 |
| and the Secretary of the Senate and by requesting that the | 2 |
| General Assembly authorize such rulemaking by law, enact those | 3 |
| suggested rules into law, or take any other appropriate action | 4 |
| in the General Assembly's discretion. Nothing contained in this | 5 |
| amendatory Act of the 95th General Assembly shall be | 6 |
| interpreted to grant rulemaking authority under any other | 7 |
| Illinois statute where such authority is not otherwise | 8 |
| explicitly given. For the purposes of this Section, "rules" is | 9 |
| given the meaning contained in Section 1-70 of the Illinois | 10 |
| Administrative Procedure Act, and "agency" and "agency head" | 11 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 12 |
| the Illinois Administrative Procedure Act to the extent that | 13 |
| such definitions apply to agencies or agency heads under the | 14 |
| jurisdiction of the Governor. | 15 |
| (Source: P.A. 93-207, eff. 1-1-04.)
| 16 |
| (730 ILCS 5/5-5.5-25)
| 17 |
| Sec. 5-5.5-25. Certificate of good conduct.
| 18 |
| (a) A certificate of good conduct may be granted as | 19 |
| provided in this Section to relieve an eligible offender of any | 20 |
| employment bar as defined in Section 5-5.5-5 of this Code. The | 21 |
| certificate may be limited to one or more enumerated | 22 |
| disabilities or bars or may relieve the individual of all | 23 |
| disabilities and bars. | 24 |
| Notwithstanding any other provision of law, a certificate | 25 |
| of good conduct does not relieve an offender of any |
|
|
|
HB5516 Engrossed |
- 7 - |
LRB095 17071 RLC 43124 b |
|
| 1 |
| employment-related disability imposed by law by reason of his | 2 |
| or her conviction of a crime that would prevent his or her | 3 |
| employment by the Department of Corrections.
| 4 |
| (a-6)
(a) A certificate of good conduct may be granted as | 5 |
| provided in this
Section to an eligible offender as defined in | 6 |
| Section 5-5.5-5 of this Code
who has demonstrated that he or | 7 |
| she has been a law-abiding citizen and is fully
rehabilitated.
| 8 |
| (b) (i) A certificate of good conduct may not, however, in | 9 |
| any
way prevent any judicial proceeding, administrative, | 10 |
| licensing, or other body,
board, or authority from | 11 |
| considering the conviction specified
in the certificate.
| 12 |
| (ii) A certificate of good conduct shall not limit or | 13 |
| prevent the
introduction of evidence of a prior conviction | 14 |
| for purposes of impeachment of
a witness in a judicial or | 15 |
| other proceeding where otherwise authorized by the
| 16 |
| applicable rules of evidence.
| 17 |
| (iii) A certificate of good conduct does not limit the | 18 |
| employer from accessing criminal background information; | 19 |
| nor does it hide, alter, or expunge the record. | 20 |
| (c) Notwithstanding any other rulemaking authority that | 21 |
| may exist, neither the Governor nor any agency or agency head | 22 |
| under the jurisdiction of the Governor has any authority to | 23 |
| make or promulgate rules to implement or enforce the provisions | 24 |
| of this amendatory Act of the 95th General Assembly. If, | 25 |
| however, the Governor believes that rules are necessary to | 26 |
| implement or enforce the provisions of this amendatory Act of |
|
|
|
HB5516 Engrossed |
- 8 - |
LRB095 17071 RLC 43124 b |
|
| 1 |
| the 95th General Assembly, the Governor may suggest rules to | 2 |
| the General Assembly by filing them with the Clerk of the House | 3 |
| and the Secretary of the Senate and by requesting that the | 4 |
| General Assembly authorize such rulemaking by law, enact those | 5 |
| suggested rules into law, or take any other appropriate action | 6 |
| in the General Assembly's discretion. Nothing contained in this | 7 |
| amendatory Act of the 95th General Assembly shall be | 8 |
| interpreted to grant rulemaking authority under any other | 9 |
| Illinois statute where such authority is not otherwise | 10 |
| explicitly given. For the purposes of this Section, "rules" is | 11 |
| given the meaning contained in Section 1-70 of the Illinois | 12 |
| Administrative Procedure Act, and "agency" and "agency head" | 13 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 14 |
| the Illinois Administrative Procedure Act to the extent that | 15 |
| such definitions apply to agencies or agency heads under the | 16 |
| jurisdiction of the Governor. | 17 |
| (Source: P.A. 93-207, eff. 1-1-04.)
| 18 |
| (730 ILCS 5/5-5.5-30)
| 19 |
| Sec. 5-5.5-30. Issuance of certificate of good conduct.
| 20 |
| (a) After a rehabilitation review has been held,
The
| 21 |
| Prisoner Review Board, or any 3 members of the Prisoner Review | 22 |
| Board by
unanimous vote, shall have the power to issue a | 23 |
| certificate of good
conduct to any eligible offender previously | 24 |
| convicted of a crime in this State,
when
the Board is satisfied | 25 |
| that:
|
|
|
|
HB5516 Engrossed |
- 9 - |
LRB095 17071 RLC 43124 b |
|
| 1 |
| (1) the applicant has conducted himself or herself in a | 2 |
| manner
warranting the issuance for a minimum period in | 3 |
| accordance with the
provisions of subsection (c) of this | 4 |
| Section;
| 5 |
| (2) the relief to be granted by the certificate is | 6 |
| consistent with the
rehabilitation of the applicant; and
| 7 |
| (3) the relief to be granted is consistent with the | 8 |
| public interest.
| 9 |
| (b) The Prisoner Review Board, or any 3 members of the | 10 |
| Board by
unanimous vote, shall have the power to issue a | 11 |
| certificate of good
conduct to any person previously convicted | 12 |
| of a crime in any other
jurisdiction, when the Board is | 13 |
| satisfied that : | 14 |
| (1) the applicant has demonstrated that there exist | 15 |
| specific facts and circumstances and specific sections of | 16 |
| Illinois State law that have an adverse impact on the | 17 |
| applicant and warrant the application for relief to be made | 18 |
| in Illinois; and
| 19 |
| (2) the provisions of paragraphs (1), (2), and (3) of | 20 |
| subsection (a) of
this Section have been met.
| 21 |
| (c) The minimum period of good conduct by the individual | 22 |
| referred to
in paragraph (1) of subsection (a) of this Section, | 23 |
| shall be as follows:
if the most serious crime of which the | 24 |
| individual was convicted is a
misdemeanor, the minimum period | 25 |
| of good conduct shall be one year; if
the most serious crime of | 26 |
| which the individual was convicted is a Class 1,
2, 3, or 4 |
|
|
|
HB5516 Engrossed |
- 10 - |
LRB095 17071 RLC 43124 b |
|
| 1 |
| felony, the minimum period of good conduct shall be 3 years.
| 2 |
| Criminal acts committed outside the State
shall be classified | 3 |
| as acts committed within the State based on the
maximum | 4 |
| sentence that could have been imposed based upon the
conviction | 5 |
| under the laws of the foreign jurisdiction. The minimum
period | 6 |
| of good conduct by the individual shall be measured either from
| 7 |
| the date of the payment of any fine imposed upon him or her, or | 8 |
| from the
date of his or her release from custody by parole, | 9 |
| mandatory supervised
release or commutation or termination of | 10 |
| his or her sentence.
The Board shall have power and it shall be | 11 |
| its duty to investigate all
persons when the application is | 12 |
| made and to grant or deny the same
within a reasonable time | 13 |
| after the making of the application.
| 14 |
| (d) If the Prisoner Review Board has issued a certificate | 15 |
| of good
conduct, the Board may at any time issue a new | 16 |
| certificate enlarging the
relief previously granted.
| 17 |
| (d-5) Notwithstanding any other rulemaking authority that | 18 |
| may exist, neither the Governor nor any agency or agency head | 19 |
| under the jurisdiction of the Governor has any authority to | 20 |
| make or promulgate rules to implement or enforce the provisions | 21 |
| of this amendatory Act of the 95th General Assembly. If, | 22 |
| however, the Governor believes that rules are necessary to | 23 |
| implement or enforce the provisions of this amendatory Act of | 24 |
| the 95th General Assembly, the Governor may suggest rules to | 25 |
| the General Assembly by filing them with the Clerk of the House | 26 |
| and the Secretary of the Senate and by requesting that the |
|
|
|
HB5516 Engrossed |
- 11 - |
LRB095 17071 RLC 43124 b |
|
| 1 |
| General Assembly authorize such rulemaking by law, enact those | 2 |
| suggested rules into law, or take any other appropriate action | 3 |
| in the General Assembly's discretion. Nothing contained in this | 4 |
| amendatory Act of the 95th General Assembly shall be | 5 |
| interpreted to grant rulemaking authority under any other | 6 |
| Illinois statute where such authority is not otherwise | 7 |
| explicitly given. For the purposes of this Section, "rules" is | 8 |
| given the meaning contained in Section 1-70 of the Illinois | 9 |
| Administrative Procedure Act, and "agency" and "agency head" | 10 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 11 |
| the Illinois Administrative Procedure Act to the extent that | 12 |
| such definitions apply to agencies or agency heads under the | 13 |
| jurisdiction of the Governor. | 14 |
| (e) (Blank) Any certificate of good conduct by the Prisoner | 15 |
| Review Board to
an individual who at the time of the issuance | 16 |
| of the certificate is under the
conditions of parole or | 17 |
| mandatory supervised release imposed by the
Board shall be | 18 |
| deemed to be a temporary certificate until the time as the
| 19 |
| individual is discharged from the terms of parole or mandatory
| 20 |
| supervised release, and, while temporary, the certificate may | 21 |
| be
revoked by the Board for violation of the conditions of | 22 |
| parole or
mandatory supervised release. Revocation shall be | 23 |
| upon
notice to the parolee or releasee, who shall be accorded | 24 |
| an opportunity to
explain the violation prior to a decision on | 25 |
| the revocation. If the certificate
is not so revoked, it shall | 26 |
| become a permanent certificate upon expiration
or termination |
|
|
|
HB5516 Engrossed |
- 12 - |
LRB095 17071 RLC 43124 b |
|
| 1 |
| of the offender's parole or mandatory supervised release term .
| 2 |
| (Source: P.A. 93-207, eff. 1-1-04.)
| 3 |
| Section 99. Effective date. This Act takes effect June 1, | 4 |
| 2008. |
|