Full Text of HB5771 97th General Assembly
HB5771eng 97TH GENERAL ASSEMBLY |
| | HB5771 Engrossed | | LRB097 19180 RLC 64422 b |
|
| 1 | | AN ACT concerning certificates of good conduct and relief | 2 | | from disabilities.
| 3 | | Be it enacted by the People of the State of Illinois,
| 4 | | represented in the General Assembly:
| 5 | | Section 5. The Unified Code of Corrections is amended by | 6 | | changing Sections 5-5.5-5, 5-5.5-15, 5-5.5-25, and 5-5.5-30 as | 7 | | follows:
| 8 | | (730 ILCS 5/5-5.5-5)
| 9 | | Sec. 5-5.5-5. Definitions and rules of construction. In | 10 | | this Article:
| 11 | | "Eligible offender" means a person who has been
convicted | 12 | | of a crime in this State or of an offense in any other | 13 | | jurisdiction that does not include any offense or attempted | 14 | | offense that would subject a person to registration under the | 15 | | Sex Offender Registration Act, the Arsonist Registration Act, | 16 | | or the Murderer and Violent Offender Against Youth Registration | 17 | | Act , but who has not been convicted more than twice of a | 18 | | felony . "Eligible offender" does not include a person who has | 19 | | been convicted of committing or attempting to commit a Class X | 20 | | felony, aggravated driving under the influence of alcohol, | 21 | | other drug or drugs, or intoxicating compound or compounds, or | 22 | | any combination thereof, aggravated domestic battery, or a | 23 | | forcible felony.
|
| | | HB5771 Engrossed | - 2 - | LRB097 19180 RLC 64422 b |
|
| 1 | | "Felony" means a conviction of a felony in this State, or
| 2 | | of an offense in any other jurisdiction for which a sentence to | 3 | | a
term of imprisonment in excess of one year, was authorized.
| 4 | | For the purposes of this Article the following rules of | 5 | | construction apply:
| 6 | | (i) two or more convictions of felonies charged in | 7 | | separate counts of one
indictment or information shall be | 8 | | deemed to be one conviction;
| 9 | | (ii) two or more convictions of felonies charged in 2 | 10 | | or more indictments
or informations, filed in the same | 11 | | court prior to entry of judgment under any
of them, shall | 12 | | be deemed to be one conviction; and
| 13 | | (iii) a plea or a verdict of guilty upon which a | 14 | | sentence
of probation, conditional discharge, or | 15 | | supervision
has been imposed shall be deemed to be a | 16 | | conviction.
| 17 | | "Forcible felony" means first degree murder, second degree | 18 | | murder, aggravated arson, arson, aggravated kidnapping, | 19 | | kidnapping, aggravated battery that resulted in great bodily | 20 | | harm or permanent disability, and any other felony which | 21 | | involved the use of physical force or violence against any | 22 | | individual that resulted in great bodily harm or permanent | 23 | | disability. | 24 | | (Source: P.A. 96-852, eff. 1-1-10; 97-154, eff. 1-1-12.)
| 25 | | (730 ILCS 5/5-5.5-15)
|
| | | HB5771 Engrossed | - 3 - | LRB097 19180 RLC 64422 b |
|
| 1 | | Sec. 5-5.5-15. Certificates of relief from disabilities | 2 | | issued by courts.
| 3 | | (a) Any circuit court of this State may issue a
certificate | 4 | | of
relief from disabilities to an eligible offender for a | 5 | | conviction that
occurred in that court if the court imposed the | 6 | | sentence. The certificate may be issued (i) at the time
| 7 | | sentence is pronounced, in which case it may grant relief from
| 8 | | disabilities, or (ii) at any time
thereafter, in which case it | 9 | | shall apply only to disabilities.
| 10 | | (b) The certificate may not be issued by the court unless | 11 | | the court
is satisfied, based on a preponderance of the clear | 12 | | and convincing evidence, that:
| 13 | | (1) the person to whom it is to be granted is an | 14 | | eligible offender, as
defined in Section 5-5.5-5;
| 15 | | (2) the relief to be granted by the certificate is | 16 | | consistent with the
rehabilitation of the eligible | 17 | | offender; and
| 18 | | (3) the relief to be granted by the certificate is | 19 | | consistent with the
public interest.
| 20 | | (c) If a certificate of relief from disabilities is not | 21 | | issued at
the time sentence is pronounced it shall only be | 22 | | issued thereafter upon
verified application to the court. The | 23 | | court may, for the purpose of
determining whether the | 24 | | certificate shall be issued, request the
probation or court | 25 | | services department to conduct an investigation of the
| 26 | | applicant. Any probation officer
requested to make an |
| | | HB5771 Engrossed | - 4 - | LRB097 19180 RLC 64422 b |
|
| 1 | | investigation under this Section shall
prepare and submit to | 2 | | the court a written report in accordance with the
request.
| 3 | | (d) Any court that has issued a certificate of relief from | 4 | | disabilities
may at any time issue a new certificate to enlarge | 5 | | the relief previously
granted provided that the provisions of | 6 | | clauses (1)
through (3) of subsection (b) of this Section apply | 7 | | to the issuance of
any such new certificate.
| 8 | | (e) Any written report submitted to the court under this | 9 | | Section
is confidential and may not be made available to any | 10 | | person or public or
private agency except if specifically | 11 | | required or permitted by
statute or upon specific authorization | 12 | | of the court. However, it shall
be made available by the court | 13 | | for examination by the applicant's
attorney, or the applicant | 14 | | himself or herself, if he or she has no attorney. In
its | 15 | | discretion, the court may except from disclosure a part or | 16 | | parts of the
report that are not relevant to the granting of a | 17 | | certificate, or
sources of information which have been obtained | 18 | | on a promise of
confidentiality, or any other portion of the | 19 | | report, disclosure of which
would not be in the interest of | 20 | | justice. The action of the court excepting
information from | 21 | | disclosure shall be subject to appellate review. The
court, in | 22 | | its discretion, may hold a conference in open court or in
| 23 | | chambers to afford an applicant an opportunity to controvert or | 24 | | to
comment upon any portions of the report. The court may also | 25 | | conduct a
summary hearing at the conference on any matter | 26 | | relevant to the granting
of the application and may take |
| | | HB5771 Engrossed | - 5 - | LRB097 19180 RLC 64422 b |
|
| 1 | | testimony under oath.
| 2 | | (f) An employer is not civilly or criminally liable for an | 3 | | act or omission by an employee who has been issued a | 4 | | certificate of relief from disabilities, except for a willful | 5 | | or wanton act by the employer in hiring the employee who has | 6 | | been issued a certificate of relief from disabilities. | 7 | | (Source: P.A. 96-852, eff. 1-1-10.)
| 8 | | (730 ILCS 5/5-5.5-25)
| 9 | | Sec. 5-5.5-25. Certificate of good conduct.
| 10 | | (a) A certificate of good conduct may be granted as | 11 | | provided in this Section to relieve an eligible offender of any | 12 | | employment bar. The certificate may be limited to one or more | 13 | | disabilities or bars or may relieve the individual of all | 14 | | disabilities and bars. | 15 | | Notwithstanding any other provision of law, a certificate | 16 | | of good conduct does not relieve an offender of any | 17 | | employment-related disability imposed by law by reason of his | 18 | | or her conviction of a crime that would prevent his or her | 19 | | employment by the Department of Corrections, Department of | 20 | | Juvenile Justice, or any other law enforcement agency in the | 21 | | State.
| 22 | | (a-6)
A certificate of good conduct may be granted as | 23 | | provided in this
Section to an eligible offender as defined in | 24 | | Section 5-5.5-5 of this Code
who has demonstrated by a | 25 | | preponderance of the clear and convincing evidence that he or |
| | | HB5771 Engrossed | - 6 - | LRB097 19180 RLC 64422 b |
|
| 1 | | she has been a law-abiding citizen and is fully
rehabilitated.
| 2 | | (b)(i) A certificate of good conduct may not, however, in | 3 | | any
way prevent any judicial proceeding, administrative, | 4 | | licensing, or other body,
board, or authority from considering | 5 | | the conviction specified
in the certificate.
| 6 | | (ii) A certificate of good conduct shall not limit or | 7 | | prevent the
introduction of evidence of a prior conviction for | 8 | | purposes of impeachment of
a witness in a judicial or other | 9 | | proceeding where otherwise authorized by the
applicable rules | 10 | | of evidence.
| 11 | | (iii) A certificate of good conduct does not limit the | 12 | | employer from accessing criminal background information; nor | 13 | | does it hide, alter, or expunge the record. | 14 | | (c) An employer is not civilly or criminally liable for an | 15 | | act or omission by an employee who has been issued a | 16 | | certificate of good conduct, except for a willful or wanton act | 17 | | by the employer in hiring the employee who has been issued a | 18 | | certificate of good conduct. | 19 | | (Source: P.A. 96-852, eff. 1-1-10.)
| 20 | | (730 ILCS 5/5-5.5-30)
| 21 | | Sec. 5-5.5-30. Issuance of certificate of good conduct.
| 22 | | (a) After a rehabilitation review has been held, in a | 23 | | manner designated by the chief judge of the judicial circuit in | 24 | | which the conviction was entered, the Circuit Court of that | 25 | | judicial circuit
shall have the power to issue a certificate of |
| | | HB5771 Engrossed | - 7 - | LRB097 19180 RLC 64422 b |
|
| 1 | | good
conduct to any eligible offender previously convicted of a | 2 | | crime in this State,
and shall make a specific finding of | 3 | | rehabilitation with the force and effect of a final judgment on | 4 | | the merits, when
the Court is satisfied that:
| 5 | | (1) the applicant has conducted himself or herself in a | 6 | | manner
warranting the issuance for a minimum period in | 7 | | accordance with the
provisions of subsection (c) of this | 8 | | Section;
| 9 | | (2) the relief to be granted by the certificate is | 10 | | consistent with the
rehabilitation of the applicant; and
| 11 | | (3) the relief to be granted is consistent with the | 12 | | public interest.
| 13 | | (b) The Circuit Court shall have the power to issue a | 14 | | certificate of good
conduct to any person previously convicted | 15 | | of a crime in any other
jurisdiction, when the Court is | 16 | | satisfied that: | 17 | | (1) the applicant has demonstrated that there exist | 18 | | specific facts and circumstances and specific sections of | 19 | | Illinois State law that have an adverse impact on the | 20 | | applicant and warrant the application for relief to be made | 21 | | in Illinois; and
| 22 | | (2) the provisions of paragraphs (1), (2), and (3) of | 23 | | subsection (a) of
this Section have been met.
| 24 | | (c) The minimum period of good conduct by the individual | 25 | | referred to
in paragraph (1) of subsection (a) of this Section, | 26 | | shall be as follows:
if the most serious crime of which the |
| | | HB5771 Engrossed | - 8 - | LRB097 19180 RLC 64422 b |
|
| 1 | | individual was convicted is a
misdemeanor, the minimum period | 2 | | of good conduct shall be one year ; if
the most serious crime of | 3 | | which the individual was convicted is a Class 1,
2, 3, or 4 | 4 | | felony, the minimum period of good conduct shall be 3 years .
| 5 | | Criminal acts committed outside the State
shall be classified | 6 | | as acts committed within the State based on the
maximum | 7 | | sentence that could have been imposed based upon the
conviction | 8 | | under the laws of the foreign jurisdiction. The minimum
period | 9 | | of good conduct by the individual shall be measured either from
| 10 | | the date of the payment of any fine imposed upon him or her, or | 11 | | from the
date of his or her release from custody by parole, | 12 | | mandatory supervised
release or commutation or termination of | 13 | | his or her sentence.
The Circuit Court shall have power and it | 14 | | shall be its duty to investigate all
persons when the | 15 | | application is made and to grant or deny the same
within a | 16 | | reasonable time after the making of the application.
| 17 | | (d) If the Circuit Court has issued a certificate of good
| 18 | | conduct, the Court may at any time issue a new certificate | 19 | | enlarging the
relief previously granted.
| 20 | | (e) Any certificate of good conduct issued by the Court to
| 21 | | an individual who at the time of the issuance of the | 22 | | certificate is under the
conditions of parole or mandatory | 23 | | supervised release imposed by the
Prisoner Review Board shall | 24 | | be deemed to be a temporary certificate until the time as the
| 25 | | individual is discharged from the terms of parole or mandatory
| 26 | | supervised release, and, while temporary, the certificate may |
| | | HB5771 Engrossed | - 9 - | LRB097 19180 RLC 64422 b |
|
| 1 | | be
revoked by the Court for violation of the conditions of | 2 | | parole or
mandatory supervised release. Revocation shall be | 3 | | upon
notice to the parolee or releasee, who shall be accorded | 4 | | an opportunity to
explain the violation prior to a decision on | 5 | | the revocation. If the certificate
is not so revoked, it shall | 6 | | become a permanent certificate upon expiration
or termination | 7 | | of the offender's parole or mandatory supervised release term. | 8 | | (f) The Court shall, upon notice to a certificate holder, | 9 | | have the power to revoke a certificate of good conduct upon a | 10 | | subsequent conviction.
| 11 | | (Source: P.A. 96-852, eff. 1-1-10.)
|
|