Full Text of HB3176 100th General Assembly
HB3176ham002 100TH GENERAL ASSEMBLY | Rep. Arthur Turner Filed: 4/20/2018
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| 1 | | AMENDMENT TO HOUSE BILL 3176
| 2 | | AMENDMENT NO. ______. Amend House Bill 3176 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Section 4.2 as follows:
| 6 | | (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
| 7 | | Sec. 4.2. (a) No applicant may receive a license from the | 8 | | Department and
no person may be employed by a licensed child | 9 | | care facility who refuses to
authorize an investigation as | 10 | | required by Section 4.1.
| 11 | | (b) In addition to the other provisions of this Section, no | 12 | | applicant
may
receive a license from the Department and no | 13 | | person
may be employed by a child care facility licensed by the | 14 | | Department who has
been declared a sexually dangerous person | 15 | | under "An Act in relation to
sexually dangerous persons, and | 16 | | providing for their commitment, detention
and supervision", |
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| 1 | | approved July 6, 1938, as amended, or convicted of
committing | 2 | | or attempting to commit any of the following offenses | 3 | | stipulated
under the Criminal Code of 1961 or the Criminal Code | 4 | | of 2012:
| 5 | | (1) murder;
| 6 | | (1.1) solicitation of murder;
| 7 | | (1.2) solicitation of murder for hire;
| 8 | | (1.3) intentional homicide of an unborn child;
| 9 | | (1.4) voluntary manslaughter of an unborn child;
| 10 | | (1.5) involuntary manslaughter;
| 11 | | (1.6) reckless homicide;
| 12 | | (1.7) concealment of a homicidal death;
| 13 | | (1.8) involuntary manslaughter of an unborn child;
| 14 | | (1.9) reckless homicide of an unborn child;
| 15 | | (1.10) drug-induced homicide;
| 16 | | (2) a sex offense under Article 11, except offenses | 17 | | described in
Sections 11-7, 11-8, 11-12, 11-13, 11-35, | 18 | | 11-40, and 11-45;
| 19 | | (3) kidnapping;
| 20 | | (3.1) aggravated unlawful restraint;
| 21 | | (3.2) forcible detention;
| 22 | | (3.3) harboring a runaway;
| 23 | | (3.4) aiding and abetting child abduction;
| 24 | | (4) aggravated kidnapping;
| 25 | | (5) child abduction;
| 26 | | (6) aggravated battery of a child as described in |
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| 1 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| 2 | | (7) criminal sexual assault;
| 3 | | (8) aggravated criminal sexual assault;
| 4 | | (8.1) predatory criminal sexual assault of a child;
| 5 | | (9) criminal sexual abuse;
| 6 | | (10) aggravated sexual abuse;
| 7 | | (11) heinous battery as described in Section 12-4.1 or | 8 | | subdivision (a)(2) of Section 12-3.05;
| 9 | | (12) aggravated battery with a firearm as described in | 10 | | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | 11 | | (e)(4) of Section 12-3.05;
| 12 | | (13) tampering with food, drugs, or cosmetics;
| 13 | | (14) drug induced infliction of great bodily harm as | 14 | | described in Section 12-4.7 or subdivision (g)(1) of | 15 | | Section 12-3.05;
| 16 | | (15) hate crime;
| 17 | | (16) stalking;
| 18 | | (17) aggravated stalking;
| 19 | | (18) threatening public officials;
| 20 | | (19) home invasion;
| 21 | | (20) vehicular invasion;
| 22 | | (21) criminal transmission of HIV;
| 23 | | (22) criminal abuse or neglect of an elderly person or | 24 | | person with a disability as described in Section 12-21 or | 25 | | subsection (e) of Section 12-4.4a;
| 26 | | (23) child abandonment;
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| 1 | | (24) endangering the life or health of a child;
| 2 | | (25) ritual mutilation;
| 3 | | (26) ritualized abuse of a child;
| 4 | | (27) an offense in any other jurisdiction the elements | 5 | | of
which are similar and
bear a substantial relationship to | 6 | | any of the foregoing offenses.
| 7 | | (b-1) In addition to the other provisions of this Section, | 8 | | beginning
January 1, 2004, no new applicant and, on the date of
| 9 | | licensure renewal, no current licensee may operate or receive a | 10 | | license from
the
Department to operate, no person may be | 11 | | employed by, and no adult person may
reside in a child care | 12 | | facility licensed by the Department who has been
convicted of | 13 | | committing or attempting to commit any of the following | 14 | | offenses
or an offense in any other jurisdiction the elements | 15 | | of which are similar and
bear a substantial relationship to any | 16 | | of the following offenses:
| 17 | | (I) BODILY HARM
| 18 | | (1) Felony aggravated assault.
| 19 | | (2) Vehicular endangerment.
| 20 | | (3) Felony domestic battery.
| 21 | | (4) Aggravated battery.
| 22 | | (5) Heinous battery.
| 23 | | (6) Aggravated battery with a firearm.
| 24 | | (7) Aggravated battery of an unborn child.
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| 1 | | (8) Aggravated battery of a senior citizen.
| 2 | | (9) Intimidation.
| 3 | | (10) Compelling organization membership of persons.
| 4 | | (11) Abuse and criminal neglect of a long term care | 5 | | facility resident.
| 6 | | (12) Felony violation of an order of protection.
| 7 | | (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| 8 | | (1) Felony unlawful use of weapons.
| 9 | | (2) Aggravated discharge of a firearm.
| 10 | | (3) Reckless discharge of a firearm.
| 11 | | (4) Unlawful use of metal piercing bullets.
| 12 | | (5) Unlawful sale or delivery of firearms on the | 13 | | premises of any
school.
| 14 | | (6) Disarming a police officer.
| 15 | | (7) Obstructing justice.
| 16 | | (8) Concealing or aiding a fugitive.
| 17 | | (9) Armed violence.
| 18 | | (10) Felony contributing to the criminal delinquency | 19 | | of a juvenile.
| 20 | | (III) DRUG OFFENSES
| 21 | | (1) Possession of more than 30 grams of cannabis.
| 22 | | (2) Manufacture of more than 10 grams of cannabis.
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| 1 | | (3) Cannabis trafficking.
| 2 | | (4) Delivery of cannabis on school grounds.
| 3 | | (5) Unauthorized production of more than 5 cannabis | 4 | | sativa plants.
| 5 | | (6) Calculated criminal cannabis conspiracy.
| 6 | | (7) Unauthorized manufacture or delivery of controlled | 7 | | substances.
| 8 | | (8) Controlled substance trafficking.
| 9 | | (9) Manufacture, distribution, or advertisement of | 10 | | look-alike
substances.
| 11 | | (10) Calculated criminal drug conspiracy.
| 12 | | (11) Street gang criminal drug conspiracy.
| 13 | | (12) Permitting unlawful use of a building.
| 14 | | (13) Delivery of controlled, counterfeit, or | 15 | | look-alike substances to
persons under age 18, or at truck | 16 | | stops, rest stops, or safety rest areas, or
on school | 17 | | property.
| 18 | | (14) Using, engaging, or employing persons under 18 to | 19 | | deliver
controlled, counterfeit, or look-alike substances.
| 20 | | (15) Delivery of controlled substances.
| 21 | | (16) Sale or delivery of drug paraphernalia.
| 22 | | (17) Felony possession, sale, or exchange of | 23 | | instruments adapted
for use of a controlled substance, | 24 | | methamphetamine, or cannabis by subcutaneous injection.
| 25 | | (18) Felony possession of a controlled substance.
| 26 | | (19) Any violation of the Methamphetamine Control and |
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| 1 | | Community Protection Act.
| 2 | | (b-1.5) In addition to any other provision of this Section, | 3 | | for applicants with access to confidential financial | 4 | | information or who submit documentation to support billing, no | 5 | | applicant whose initial application was considered after the | 6 | | effective date of this amendatory Act of the 97th General | 7 | | Assembly may receive a license from the Department or a child | 8 | | care facility licensed by the Department who has been convicted | 9 | | of committing or attempting to commit any of the following | 10 | | felony offenses: | 11 | | (1) financial institution fraud under Section 17-10.6 | 12 | | of the Criminal Code of 1961 or the Criminal Code of 2012; | 13 | | (2) identity theft under Section 16-30 of the Criminal | 14 | | Code of 1961 or the Criminal Code of 2012; | 15 | | (3) financial exploitation of an elderly person or a | 16 | | person with a disability under Section 17-56 of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012; | 18 | | (4) computer tampering under Section 17-51 of the | 19 | | Criminal Code of 1961 or the Criminal Code of 2012; | 20 | | (5) aggravated computer tampering under Section 17-52 | 21 | | of the Criminal Code of 1961 or the Criminal Code of 2012; | 22 | | (6) computer fraud under Section 17-50 of the Criminal | 23 | | Code of 1961 or the Criminal Code of 2012; | 24 | | (7) deceptive practices under Section 17-1 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012; | 26 | | (8) forgery under Section 17-3 of the Criminal Code of |
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| 1 | | 1961 or the Criminal Code of 2012; | 2 | | (9) State benefits fraud under Section 17-6 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012; | 4 | | (10) mail fraud and wire fraud under Section 17-24 of | 5 | | the Criminal Code of 1961 or the Criminal Code of 2012; | 6 | | (11) theft under paragraphs (1.1) through (11) of | 7 | | subsection (b) of Section 16-1 of the Criminal Code of 1961 | 8 | | or the Criminal Code of 2012. | 9 | | (b-2) Notwithstanding subsection (b-1), the Department may | 10 | | make an exception and, for child care facilities other than | 11 | | foster family homes,
issue a new child care facility license to | 12 | | or renew the
existing child care facility license of an | 13 | | applicant, a person employed by a
child care facility, or an | 14 | | applicant who has an adult residing in a home child
care | 15 | | facility who was convicted of an offense described in | 16 | | subsection (b-1),
provided that all of the following | 17 | | requirements are met:
| 18 | | (1) The relevant criminal offense occurred more than 5 | 19 | | years prior to the
date of application or renewal, except | 20 | | for drug offenses. The relevant drug
offense must have | 21 | | occurred more than 10 years prior to the date of | 22 | | application
or renewal, unless the applicant passed a drug | 23 | | test, arranged and paid for by
the child care facility, no | 24 | | less than 5 years after the offense.
| 25 | | (2) The Department must conduct a background check and | 26 | | assess all
convictions and recommendations of the child |
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| 1 | | care facility to determine if hiring or licensing the | 2 | | applicant is in
accordance with Department administrative | 3 | | rules and
procedures.
| 4 | | (3) The applicant meets all other requirements and | 5 | | qualifications to be
licensed as the pertinent type of | 6 | | child care facility under this Act and the
Department's | 7 | | administrative rules.
| 8 | | (c) In addition to the other provisions of this Section, no
| 9 | | applicant may receive a license from the Department to operate | 10 | | a foster family
home, and no adult person may reside in a | 11 | | foster family home licensed by the
Department, who has been | 12 | | convicted of committing or attempting to commit any of
the | 13 | | following offenses stipulated under the Criminal Code of 1961, | 14 | | the Criminal Code of 2012, the Cannabis
Control Act, the | 15 | | Methamphetamine Control and Community Protection Act, and the | 16 | | Illinois Controlled Substances Act:
| 17 | | (I) OFFENSES DIRECTED AGAINST THE PERSON
| 18 | | (A) KIDNAPPING AND RELATED OFFENSES
| 19 | | (1) Unlawful restraint.
| 20 | | (B) BODILY HARM
| 21 | | (2) Felony aggravated assault.
| 22 | | (3) Vehicular endangerment.
| 23 | | (4) Felony domestic battery.
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| 1 | | (5) Aggravated battery.
| 2 | | (6) Heinous battery.
| 3 | | (7) Aggravated battery with a firearm.
| 4 | | (8) Aggravated battery of an unborn child.
| 5 | | (9) Aggravated battery of a senior citizen.
| 6 | | (10) Intimidation.
| 7 | | (11) Compelling organization membership of persons.
| 8 | | (12) Abuse and criminal neglect of a long term care | 9 | | facility resident.
| 10 | | (13) Felony violation of an order of protection.
| 11 | | (II) OFFENSES DIRECTED AGAINST PROPERTY
| 12 | | (14) Felony theft.
| 13 | | (15) Robbery.
| 14 | | (16) Armed robbery.
| 15 | | (17) Aggravated robbery.
| 16 | | (18) Vehicular hijacking.
| 17 | | (19) Aggravated vehicular hijacking.
| 18 | | (20) Burglary.
| 19 | | (21) Possession of burglary tools.
| 20 | | (22) Residential burglary.
| 21 | | (23) Criminal fortification of a residence or | 22 | | building.
| 23 | | (24) Arson.
| 24 | | (25) Aggravated arson.
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| 1 | | (26) Possession of explosive or explosive incendiary | 2 | | devices.
| 3 | | (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| 4 | | (27) Felony unlawful use of weapons.
| 5 | | (28) Aggravated discharge of a firearm.
| 6 | | (29) Reckless discharge of a firearm.
| 7 | | (30) Unlawful use of metal piercing bullets.
| 8 | | (31) Unlawful sale or delivery of firearms on the | 9 | | premises of any school.
| 10 | | (32) Disarming a police officer.
| 11 | | (33) Obstructing justice.
| 12 | | (34) Concealing or aiding a fugitive.
| 13 | | (35) Armed violence.
| 14 | | (36) Felony contributing to the criminal delinquency | 15 | | of a juvenile.
| 16 | | (IV) DRUG OFFENSES
| 17 | | (37) Possession of more than 30 grams of cannabis.
| 18 | | (38) Manufacture of more than 10 grams of cannabis.
| 19 | | (39) Cannabis trafficking.
| 20 | | (40) Delivery of cannabis on school grounds.
| 21 | | (41) Unauthorized production of more than 5 cannabis | 22 | | sativa plants.
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| 1 | | (42) Calculated criminal cannabis conspiracy.
| 2 | | (43) Unauthorized manufacture or delivery of | 3 | | controlled substances.
| 4 | | (44) Controlled substance trafficking.
| 5 | | (45) Manufacture, distribution, or advertisement of | 6 | | look-alike substances.
| 7 | | (46) Calculated criminal drug conspiracy.
| 8 | | (46.5) Streetgang criminal drug conspiracy.
| 9 | | (47) Permitting unlawful use of a building.
| 10 | | (48) Delivery of controlled, counterfeit, or | 11 | | look-alike substances to
persons under age 18, or at truck | 12 | | stops, rest stops, or safety rest areas, or
on school | 13 | | property.
| 14 | | (49) Using, engaging, or employing persons under 18 to | 15 | | deliver controlled,
counterfeit, or look-alike substances.
| 16 | | (50) Delivery of controlled substances.
| 17 | | (51) Sale or delivery of drug paraphernalia.
| 18 | | (52) Felony possession, sale, or exchange of | 19 | | instruments adapted for use
of a controlled substance, | 20 | | methamphetamine, or cannabis by subcutaneous injection. | 21 | | (53) Any violation of the Methamphetamine Control and | 22 | | Community Protection Act.
| 23 | | (d) Notwithstanding subsection (c), the Department may | 24 | | make an exception and issue a new foster
family home license or | 25 | | may renew an existing
foster family home license of an | 26 | | applicant who was convicted of an offense
described in |
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| 1 | | subsection (c), provided all of the following requirements are
| 2 | | met:
| 3 | | (1) The relevant criminal offense or offenses occurred | 4 | | more than 10 years
prior to the date of application or | 5 | | renewal.
| 6 | | (2) The applicant had previously disclosed the | 7 | | conviction or convictions
to the Department for purposes of | 8 | | a background check.
| 9 | | (3) After the disclosure, the Department either placed | 10 | | a child in the home
or the foster family home license was | 11 | | issued.
| 12 | | (4) During the background check, the Department had | 13 | | assessed and
waived the conviction in compliance with the | 14 | | existing statutes and rules in
effect at the time of the | 15 | | hire or licensure.
| 16 | | (5) The applicant meets all other requirements and | 17 | | qualifications to be
licensed as a foster family home under | 18 | | this Act and the Department's
administrative
rules.
| 19 | | (6) The applicant has a history of providing a safe, | 20 | | stable home
environment and appears able to continue to | 21 | | provide a safe, stable home
environment.
| 22 | | (e) In evaluating the exception pursuant to subsections | 23 | | (b-2) and (d), the Department must carefully review any | 24 | | relevant documents to determine whether the applicant, despite | 25 | | the disqualifying convictions, poses a substantial risk to | 26 | | State resources or clients. In making such a determination, the |
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| 1 | | following guidelines shall be used: | 2 | | (1) the age of the applicant when the offense was | 3 | | committed; | 4 | | (2) the circumstances surrounding the offense; | 5 | | (3) the length of time since the conviction; | 6 | | (4) the specific duties and responsibilities | 7 | | necessarily related to the license being applied for and | 8 | | the bearing, if any, that the applicant's conviction | 9 | | history may have on his or her fitness to perform these | 10 | | duties and responsibilities; | 11 | | (5) the applicant's employment references; | 12 | | (6) the applicant's character references and any | 13 | | certificates of achievement; | 14 | | (7) an academic transcript showing educational | 15 | | attainment since the disqualifying conviction; | 16 | | (8) a Certificate of Relief from Collateral | 17 | | Consequence Disabilities or Certificate of Good Conduct ; | 18 | | and | 19 | | (9) anything else that speaks to the applicant's | 20 | | character. | 21 | | (Source: P.A. 99-143, eff. 7-27-15.) | 22 | | Section 10. The Unified Code of Corrections is amended by | 23 | | changing the heading of Article 5.5 of Chapter V and Sections | 24 | | 3-3-2, 5-5-5, 5-5.5-5, 5-5.5-24, 5-5.5-25, 5-5.5-30, 5-5.5-35, | 25 | | 5-5.5-40, and 5-5.5-50 and by adding Section 5-5.5-21 as |
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| 1 | | follows:
| 2 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 3 | | Sec. 3-3-2. Powers and duties.
| 4 | | (a) The Parole and Pardon Board is abolished and the term | 5 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 6 | | read "Prisoner Review
Board." After the effective date of this | 7 | | amendatory Act of 1977, the
Prisoner Review Board shall provide | 8 | | by rule for the orderly transition of
all files, records, and | 9 | | documents of the Parole and Pardon Board and for
such other | 10 | | steps as may be necessary to effect an orderly transition and | 11 | | shall:
| 12 | | (1) hear by at least one member and through a panel of | 13 | | at least 3 members
decide, cases of prisoners
who were | 14 | | sentenced under the law in effect prior to the effective
| 15 | | date of this amendatory Act of 1977, and who are eligible | 16 | | for parole;
| 17 | | (2) hear by at least one member and through a panel of | 18 | | at least 3 members decide, the conditions of
parole and the | 19 | | time of discharge from parole, impose sanctions for
| 20 | | violations of parole, and revoke
parole for those sentenced | 21 | | under the law in effect prior to this amendatory
Act of | 22 | | 1977; provided that the decision to parole and the | 23 | | conditions of
parole for all prisoners who were sentenced | 24 | | for first degree murder or who
received a minimum sentence | 25 | | of 20 years or more under the law in effect
prior to |
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| 1 | | February 1, 1978 shall be determined by a majority vote of | 2 | | the
Prisoner Review Board. One representative supporting | 3 | | parole and one representative opposing parole will be | 4 | | allowed to speak. Their comments shall be limited to making | 5 | | corrections and filling in omissions to the Board's | 6 | | presentation and discussion;
| 7 | | (3) hear by at least one member and through a panel of | 8 | | at least 3 members decide, the conditions
of mandatory | 9 | | supervised release and the time of discharge from mandatory
| 10 | | supervised release, impose sanctions for violations of | 11 | | mandatory
supervised release, and revoke mandatory | 12 | | supervised release for those
sentenced under the law in | 13 | | effect after the effective date of this
amendatory Act of | 14 | | 1977;
| 15 | | (3.5) hear by at least one member and through a panel | 16 | | of at least 3 members decide, the conditions of mandatory | 17 | | supervised release and the time of discharge from mandatory | 18 | | supervised release, to impose sanctions for violations of | 19 | | mandatory supervised release and revoke mandatory | 20 | | supervised release for those serving extended supervised | 21 | | release terms pursuant to paragraph (4) of subsection (d) | 22 | | of Section 5-8-1;
| 23 | | (3.6) hear by at least one member and through a panel | 24 | | of at least 3 members decide whether to revoke aftercare | 25 | | release for those committed to the Department of Juvenile | 26 | | Justice under the Juvenile Court Act of 1987; |
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| 1 | | (4) hear by at least one member and through a panel of | 2 | | at least 3
members,
decide cases brought by the Department | 3 | | of Corrections against a prisoner in
the custody of the | 4 | | Department for alleged violation of Department rules
with | 5 | | respect to sentence credits under Section 3-6-3 of this | 6 | | Code
in which the Department seeks to revoke sentence | 7 | | credits, if the amount
of time at issue exceeds 30 days or | 8 | | when, during any 12 month period, the
cumulative amount of | 9 | | credit revoked exceeds 30 days except where the
infraction | 10 | | is committed or discovered within 60 days of scheduled | 11 | | release.
In such cases, the Department of Corrections may | 12 | | revoke up to 30 days of
sentence credit. The Board may | 13 | | subsequently approve the revocation of
additional sentence | 14 | | credit, if the Department seeks to revoke sentence credit | 15 | | in excess of thirty days. However, the Board shall not be
| 16 | | empowered to review the Department's decision with respect | 17 | | to the loss of
30 days of sentence credit for any prisoner | 18 | | or to increase any penalty
beyond the length requested by | 19 | | the Department;
| 20 | | (5) hear by at least one member and through a panel of | 21 | | at least 3
members decide, the
release dates for certain | 22 | | prisoners sentenced under the law in existence
prior to the | 23 | | effective date of this amendatory Act of 1977, in
| 24 | | accordance with Section 3-3-2.1 of this Code;
| 25 | | (6) hear by at least one member and through a panel of | 26 | | at least 3 members
decide, all requests for pardon, |
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| 1 | | reprieve or commutation, and make confidential
| 2 | | recommendations to the Governor;
| 3 | | (7) comply with the requirements of the Open Parole | 4 | | Hearings Act;
| 5 | | (8) hear by at least one member and, through a panel of | 6 | | at least 3
members, decide cases brought by the Department | 7 | | of Corrections against a
prisoner in the custody of the | 8 | | Department for court dismissal of a frivolous
lawsuit | 9 | | pursuant to Section 3-6-3(d) of this Code in which the | 10 | | Department seeks
to revoke up to 180 days of sentence | 11 | | credit, and if the prisoner has not
accumulated 180 days of | 12 | | sentence credit at the time of the dismissal, then
all | 13 | | sentence credit accumulated by the prisoner shall be | 14 | | revoked;
| 15 | | (9) (blank); hear by at least 3 members, and, through a | 16 | | panel of at least 3
members, decide whether to grant | 17 | | certificates of relief from
disabilities or certificates | 18 | | of good conduct as provided in Article 5.5 of
Chapter V; | 19 | | (10) upon a petition by a person who has been convicted | 20 | | of a Class 3 or Class 4 felony and who meets the | 21 | | requirements of this paragraph, hear by at least 3 members | 22 | | and, with the unanimous vote of a panel of 3 members, issue | 23 | | a certificate of eligibility for sealing recommending that | 24 | | the court order the sealing of all official
records of the | 25 | | arresting authority, the circuit court clerk, and the | 26 | | Department of State Police concerning the arrest and |
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| 1 | | conviction for the Class 3 or 4 felony. A person may not | 2 | | apply to the Board for a certificate of eligibility for | 3 | | sealing: | 4 | | (A) until 5 years have elapsed since the expiration | 5 | | of his or her sentence; | 6 | | (B) until 5 years have elapsed since any arrests or | 7 | | detentions by a law enforcement officer for an alleged | 8 | | violation of law, other than a petty offense, traffic | 9 | | offense, conservation offense, or local ordinance | 10 | | offense; | 11 | | (C) if convicted of a violation of the Cannabis | 12 | | Control Act, Illinois Controlled Substances Act, the | 13 | | Methamphetamine Control and Community Protection Act, | 14 | | the Methamphetamine Precursor Control Act, or the | 15 | | Methamphetamine Precursor Tracking Act unless the | 16 | | petitioner has completed a drug abuse program for the | 17 | | offense on which sealing is sought and provides proof | 18 | | that he or she has completed the program successfully; | 19 | | (D) if convicted of: | 20 | | (i) a sex offense described in Article 11 or | 21 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 22 | | the Criminal Code of 1961 or the Criminal Code of | 23 | | 2012; | 24 | | (ii) aggravated assault; | 25 | | (iii) aggravated battery; | 26 | | (iv) domestic battery; |
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| 1 | | (v) aggravated domestic battery; | 2 | | (vi) violation of an order of protection; | 3 | | (vii) an offense under the Criminal Code of | 4 | | 1961 or the Criminal Code of 2012 involving a | 5 | | firearm; | 6 | | (viii) driving while under the influence of | 7 | | alcohol, other drug or drugs, intoxicating | 8 | | compound or compounds or any combination thereof; | 9 | | (ix) aggravated driving while under the | 10 | | influence of alcohol, other drug or drugs, | 11 | | intoxicating compound or compounds or any | 12 | | combination thereof; or | 13 | | (x) any crime defined as a crime of violence | 14 | | under Section 2 of the Crime Victims Compensation | 15 | | Act. | 16 | | If a person has applied to the Board for a certificate | 17 | | of eligibility for sealing and the Board denies the | 18 | | certificate, the person must wait at least 4 years before | 19 | | filing again or filing for pardon from the Governor unless | 20 | | the Chairman of the Prisoner Review Board grants a waiver. | 21 | | The decision to issue or refrain from issuing a | 22 | | certificate of eligibility for sealing shall be at the | 23 | | Board's sole discretion, and shall not give rise to any | 24 | | cause of action against either the Board or its members. | 25 | | The Board may only authorize the sealing of Class 3 and | 26 | | 4 felony convictions of the petitioner from one information |
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| 1 | | or indictment under this paragraph (10). A petitioner may | 2 | | only receive one certificate of eligibility for sealing | 3 | | under this provision for life; and
| 4 | | (11) upon a petition by a person who after having been | 5 | | convicted of a Class 3 or Class 4 felony thereafter served | 6 | | in the United States Armed Forces or National Guard of this | 7 | | or any other state and had received an honorable discharge | 8 | | from the United States Armed Forces or National Guard or | 9 | | who at the time of filing the petition is enlisted in the | 10 | | United States Armed Forces or National Guard of this or any | 11 | | other state and served one tour of duty and who meets the | 12 | | requirements of this paragraph, hear by at least 3 members | 13 | | and, with the unanimous vote of a panel of 3 members, issue | 14 | | a certificate of eligibility for expungement recommending | 15 | | that the court order the expungement of all official
| 16 | | records of the arresting authority, the circuit court | 17 | | clerk, and the Department of State Police concerning the | 18 | | arrest and conviction for the Class 3 or 4 felony. A person | 19 | | may not apply to the Board for a certificate of eligibility | 20 | | for expungement: | 21 | | (A) if convicted of: | 22 | | (i) a sex offense described in Article 11 or | 23 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 24 | | the Criminal Code of 1961 or Criminal Code of 2012; | 25 | | (ii) an offense under the Criminal Code of 1961 | 26 | | or Criminal Code of 2012 involving a firearm; or |
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| 1 | | (iii) a crime of violence as defined in Section | 2 | | 2 of the Crime Victims Compensation Act; or | 3 | | (B) if the person has not served in the United | 4 | | States Armed Forces or National Guard of this or any | 5 | | other state or has not received an honorable discharge | 6 | | from the United States Armed Forces or National Guard | 7 | | of this or any other state or who at the time of the | 8 | | filing of the petition is serving in the United States | 9 | | Armed Forces or National Guard of this or any other | 10 | | state and has not completed one tour of duty. | 11 | | If a person has applied to the Board for a certificate | 12 | | of eligibility for expungement and the Board denies the | 13 | | certificate, the person must wait at least 4 years before | 14 | | filing again or filing for a pardon with authorization for | 15 | | expungement from the Governor unless the Governor or | 16 | | Chairman of the Prisoner Review Board grants a waiver. | 17 | | (a-5) The Prisoner Review Board, with the cooperation of | 18 | | and in
coordination with the Department of Corrections and the | 19 | | Department of Central
Management Services, shall implement a | 20 | | pilot project in 3 correctional
institutions providing for the | 21 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 22 | | (a) of this Section through interactive video conferences.
The
| 23 | | project shall be implemented within 6 months after the | 24 | | effective date of this
amendatory Act of 1996. Within 6 months | 25 | | after the implementation of the pilot
project, the Prisoner | 26 | | Review Board, with the cooperation of and in coordination
with |
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| 1 | | the Department of Corrections and the Department of Central | 2 | | Management
Services, shall report to the Governor and the | 3 | | General Assembly regarding the
use, costs, effectiveness, and | 4 | | future viability of interactive video
conferences for Prisoner | 5 | | Review Board hearings.
| 6 | | (b) Upon recommendation of the Department the Board may | 7 | | restore sentence credit previously revoked.
| 8 | | (c) The Board shall cooperate with the Department in | 9 | | promoting an
effective system of parole and mandatory | 10 | | supervised release.
| 11 | | (d) The Board shall promulgate rules for the conduct of its | 12 | | work,
and the Chairman shall file a copy of such rules and any | 13 | | amendments
thereto with the Director and with the Secretary of | 14 | | State.
| 15 | | (e) The Board shall keep records of all of its official | 16 | | actions and
shall make them accessible in accordance with law | 17 | | and the rules of the
Board.
| 18 | | (f) The Board or one who has allegedly violated the | 19 | | conditions of
his or her parole, aftercare release, or | 20 | | mandatory supervised release may require by subpoena the
| 21 | | attendance and testimony of witnesses and the production of | 22 | | documentary
evidence relating to any matter under | 23 | | investigation or hearing. The
Chairman of the Board may sign | 24 | | subpoenas which shall be served by any
agent or public official | 25 | | authorized by the Chairman of the Board, or by
any person | 26 | | lawfully authorized to serve a subpoena under the laws of the
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| 1 | | State of Illinois. The attendance of witnesses, and the | 2 | | production of
documentary evidence, may be required from any | 3 | | place in the State to a
hearing location in the State before | 4 | | the Chairman of the Board or his or her
designated agent or | 5 | | agents or any duly constituted Committee or
Subcommittee of the | 6 | | Board. Witnesses so summoned shall be paid the same
fees and | 7 | | mileage that are paid witnesses in the circuit courts of the
| 8 | | State, and witnesses whose depositions are taken and the | 9 | | persons taking
those depositions are each entitled to the same | 10 | | fees as are paid for
like services in actions in the circuit | 11 | | courts of the State. Fees and
mileage shall be vouchered for | 12 | | payment when the witness is discharged
from further attendance.
| 13 | | In case of disobedience to a subpoena, the Board may | 14 | | petition any
circuit court of the State for an order requiring | 15 | | the attendance and
testimony of witnesses or the production of | 16 | | documentary evidence or
both. A copy of such petition shall be | 17 | | served by personal service or by
registered or certified mail | 18 | | upon the person who has failed to obey the
subpoena, and such | 19 | | person shall be advised in writing that a hearing
upon the | 20 | | petition will be requested in a court room to be designated in
| 21 | | such notice before the judge hearing motions or extraordinary | 22 | | remedies
at a specified time, on a specified date, not less | 23 | | than 10 nor more than
15 days after the deposit of the copy of | 24 | | the written notice and petition
in the U.S. mails addressed to | 25 | | the person at his last known address or
after the personal | 26 | | service of the copy of the notice and petition upon
such |
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| 1 | | person. The court upon the filing of such a petition, may order | 2 | | the
person refusing to obey the subpoena to appear at an | 3 | | investigation or
hearing, or to there produce documentary | 4 | | evidence, if so ordered, or to
give evidence relative to the | 5 | | subject matter of that investigation or
hearing. Any failure to | 6 | | obey such order of the circuit court may be
punished by that | 7 | | court as a contempt of court.
| 8 | | Each member of the Board and any hearing officer designated | 9 | | by the
Board shall have the power to administer oaths and to | 10 | | take the testimony
of persons under oath.
| 11 | | (g) Except under subsection (a) of this Section, a majority | 12 | | of the
members then appointed to the Prisoner Review Board | 13 | | shall constitute a
quorum for the transaction of all business | 14 | | of the Board.
| 15 | | (h) The Prisoner Review Board shall annually transmit to | 16 | | the
Director a detailed report of its work for the preceding | 17 | | calendar year.
The annual report shall also be transmitted to | 18 | | the Governor for
submission to the Legislature.
| 19 | | (Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14; | 20 | | 98-756, eff. 7-16-14; 99-628, eff. 1-1-17 .)
| 21 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 22 | | Sec. 5-5-5. Loss and Restoration of Rights.
| 23 | | (a) Conviction and disposition shall not entail the loss by | 24 | | the
defendant of any civil rights, except under this Section | 25 | | and Sections 29-6
and 29-10 of The Election Code, as now or |
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| 1 | | hereafter amended.
| 2 | | (b) A person convicted of a felony shall be ineligible to | 3 | | hold an office
created by the Constitution of this State until | 4 | | the completion of his sentence.
| 5 | | (c) A person sentenced to imprisonment shall lose his right | 6 | | to vote
until released from imprisonment.
| 7 | | (d) On completion of sentence of imprisonment or upon | 8 | | discharge from
probation, conditional discharge or periodic | 9 | | imprisonment, or at any time
thereafter, all license rights and | 10 | | privileges
granted under the authority of this State which have | 11 | | been revoked or
suspended because of conviction of an offense | 12 | | shall be restored unless the
authority having jurisdiction of | 13 | | such license rights finds after
investigation and hearing that | 14 | | restoration is not in the public interest.
This paragraph (d) | 15 | | shall not apply to the suspension or revocation of a
license to | 16 | | operate a motor vehicle under the Illinois Vehicle Code.
| 17 | | (e) Upon a person's discharge from incarceration or parole, | 18 | | or upon a
person's discharge from probation or at any time | 19 | | thereafter, the committing
court may enter an order certifying | 20 | | that the sentence has been
satisfactorily completed when the | 21 | | court believes it would assist in the
rehabilitation of the | 22 | | person and be consistent with the public welfare.
Such order | 23 | | may be entered upon the motion of the defendant or the State or
| 24 | | upon the court's own motion.
| 25 | | (f) Upon entry of the order, the court shall issue to the | 26 | | person in
whose favor the order has been entered a certificate |
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| 1 | | stating that his
behavior after conviction has warranted the | 2 | | issuance of the order.
| 3 | | (g) This Section shall not affect the right of a defendant | 4 | | to
collaterally attack his conviction or to rely on it in bar | 5 | | of subsequent
proceedings for the same offense.
| 6 | | (h) No application for any license specified in subsection | 7 | | (i) of this
Section granted under the
authority of this State | 8 | | shall be denied by reason of an eligible offender who
has | 9 | | obtained a certificate of relief from collateral consequence | 10 | | disabilities , as
defined in Article 5.5 of this Chapter, having | 11 | | been previously convicted of one
or more
criminal offenses, or | 12 | | by reason of a finding of lack of "good moral
character" when | 13 | | the finding is based upon the fact that the applicant has
| 14 | | previously been convicted of one or more criminal offenses, | 15 | | unless:
| 16 | | (1) there is a direct relationship between one or more | 17 | | of the previous
criminal offenses and the specific license | 18 | | sought; or
| 19 | | (2) the issuance of the license would
involve an | 20 | | unreasonable risk to property or to the safety or welfare | 21 | | of
specific individuals or the general public.
| 22 | | In making such a determination, the licensing agency shall | 23 | | consider the
following factors:
| 24 | | (1) the public policy of this State, as expressed in | 25 | | Article 5.5 of this
Chapter, to encourage the licensure and | 26 | | employment of persons previously
convicted of one or more |
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| 1 | | criminal offenses;
| 2 | | (2) the specific duties and responsibilities | 3 | | necessarily related to the
license being sought;
| 4 | | (3) the bearing, if any, the criminal offenses or | 5 | | offenses for which the
person
was previously convicted will | 6 | | have on his or her fitness or ability to perform
one or
| 7 | | more such duties and responsibilities;
| 8 | | (4) the time which has elapsed since the occurrence of | 9 | | the criminal
offense or offenses;
| 10 | | (5) the age of the person at the time of occurrence of | 11 | | the criminal
offense or offenses;
| 12 | | (6) the seriousness of the offense or offenses;
| 13 | | (7) any information produced by the person or produced | 14 | | on his or her
behalf in
regard to his or her rehabilitation | 15 | | and good conduct, including a certificate
of relief from | 16 | | collateral consequence disabilities issued to the | 17 | | applicant, which certificate shall
create a presumption of | 18 | | rehabilitation in regard to the offense or offenses
| 19 | | specified in the certificate; and
| 20 | | (8) the legitimate interest of the licensing agency in | 21 | | protecting
property, and
the safety and welfare of specific | 22 | | individuals or the general public.
| 23 | | (i) A certificate of relief from collateral consequence | 24 | | disabilities shall be issued only
for a
license or | 25 | | certification issued under the following Acts:
| 26 | | (1) the Animal Welfare Act; except that a certificate |
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| 1 | | of relief from
collateral consequence disabilities may not | 2 | | be granted
to provide for
the
issuance or restoration of a | 3 | | license under the Animal Welfare Act for any
person | 4 | | convicted of violating Section 3, 3.01, 3.02, 3.03, 3.03-1, | 5 | | or 4.01 of
the Humane Care for Animals Act or Section 26-5 | 6 | | or 48-1 of the Criminal Code of
1961 or the Criminal Code | 7 | | of 2012;
| 8 | | (2) the Illinois Athletic Trainers Practice Act;
| 9 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 10 | | and Nail Technology Act of 1985;
| 11 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 12 | | Act;
| 13 | | (5) the Boxing and Full-contact Martial Arts Act;
| 14 | | (6) the Illinois Certified Shorthand Reporters Act of | 15 | | 1984;
| 16 | | (7) the Illinois Farm Labor Contractor Certification | 17 | | Act;
| 18 | | (8) the Interior Design Title Act;
| 19 | | (9) the Illinois Professional Land Surveyor Act of | 20 | | 1989;
| 21 | | (10) the Illinois Landscape Architecture Act of 1989;
| 22 | | (11) the Marriage and Family Therapy Licensing Act;
| 23 | | (12) the Private Employment Agency Act;
| 24 | | (13) the Professional Counselor and Clinical | 25 | | Professional Counselor
Licensing and Practice
Act;
| 26 | | (14) the Real Estate License Act of 2000;
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| 1 | | (15) the Illinois Roofing Industry Licensing Act; | 2 | | (16) the Professional Engineering Practice Act of | 3 | | 1989; | 4 | | (17) the Water Well and Pump Installation Contractor's | 5 | | License Act; | 6 | | (18) the Electrologist Licensing Act;
| 7 | | (19) the Auction License Act; | 8 | | (20) the Illinois Architecture Practice Act of 1989; | 9 | | (21) the Dietitian Nutritionist Practice Act; | 10 | | (22) the Environmental Health Practitioner Licensing | 11 | | Act; | 12 | | (23) the Funeral Directors and Embalmers Licensing | 13 | | Code; | 14 | | (24) (blank); | 15 | | (25) the Professional Geologist Licensing Act; | 16 | | (26) the Illinois Public Accounting Act; and | 17 | | (27) the Structural Engineering Practice Act of 1989.
| 18 | | (Source: P.A. 100-534, eff. 9-22-17.)
| 19 | | (730 ILCS 5/Ch. V Art. 5.5 heading) | 20 | | ARTICLE 5.5. DISCRETIONARY RELIEF FROM FORFEITURES
| 21 | | AND COLLATERAL CONSEQUENCE DISABILITIES AUTOMATICALLY IMPOSED | 22 | | BY LAW
| 23 | | (730 ILCS 5/5-5.5-5)
| 24 | | Sec. 5-5.5-5. Definition. In this Article : |
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| 1 | | "Collateral consequence" means a penalty, disability, | 2 | | barrier, or disadvantage that is related to employment, | 3 | | occupational licensing, or housing, however denominated, as a | 4 | | result of a parolee or releasee's conviction of, or plea of | 5 | | guilty, to an offense and that applies by operation of law in | 6 | | this State whether or not the penalty, disability, barrier, or | 7 | | disadvantage is included in the sentence or judgment imposed. | 8 | | "Collateral consequence" does not include imprisonment, | 9 | | periodic imprisonment, probation, conditional discharge, | 10 | | parole, mandatory supervised release, forfeiture, restitution, | 11 | | fine, assessment, or costs of prosecution. | 12 | | "Department" means the Department of Corrections for | 13 | | individuals incarcerated in a facility of the Department or the | 14 | | county sheriff for individuals incarcerated in a county jail or | 15 | | in a facility of the Cook County Department of Corrections. | 16 | | "Eligible , "eligible offender" means a person who has been
| 17 | | convicted of a crime in this State or of an offense in any | 18 | | other jurisdiction that does not include any offense or | 19 | | attempted offense that would subject a person to registration | 20 | | under the Sex Offender Registration Act, the Arsonist | 21 | | Registration Act, or the Murderer and Violent Offender Against | 22 | | Youth Registration Act. "Eligible offender" does not include a | 23 | | person who has been convicted of arson, aggravated arson, | 24 | | kidnapping, aggravated kidnaping, aggravated driving under the | 25 | | influence of alcohol, other drug or drugs, or intoxicating | 26 | | compound or compounds, or any combination thereof, or |
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| 1 | | aggravated domestic battery.
| 2 | | (Source: P.A. 99-381, eff. 1-1-16; 99-642, eff. 7-28-16.)
| 3 | | (730 ILCS 5/5-5.5-21 new) | 4 | | Sec. 5-5.5-21. Certificate of qualification for | 5 | | employment. | 6 | | (a) Upon release from a correctional institution, the | 7 | | Department shall issue to that individual documents relating to | 8 | | the following: | 9 | | (1) records of criminal convictions; | 10 | | (2) records of arrest; and | 11 | | (3) records of institutional history, including each | 12 | | of the following: | 13 | | (A) any record of institutional misconduct; | 14 | | (B) whether the prisoner successfully completed | 15 | | programming provided by the correctional institution | 16 | | or a individual or entity under contract with the | 17 | | correctional institution; | 18 | | (C) whether the prisoner obtained a general | 19 | | education certificate (GED) or other educational | 20 | | degree; and | 21 | | (D) other information considered relevant by the | 22 | | correctional institution from which the prisoner is | 23 | | being released. | 24 | | (b) In addition to the documents provided under subsection | 25 | | (a) of this Section, the correctional facility shall issue a |
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| 1 | | certificate of qualification for employment to the individual | 2 | | being released if each of the following apply: | 3 | | (1) the prisoner successfully completed a career and | 4 | | technical education course; | 5 | | (2) the prisoner received no major misconducts during | 6 | | the 2 years immediately preceding his or her release; | 7 | | (3) the prisoner received no more than 3 minor | 8 | | misconducts during the 2 years immediately preceding his or | 9 | | her release; and | 10 | | (4) the prisoner received a silver level or better on | 11 | | his or her national work readiness certificate, or a | 12 | | similar score, as determined by the Department, on an | 13 | | alternative job skills assessment test administered by the | 14 | | Department. | 15 | | (c) A certificate of qualification for employment shall | 16 | | only be issued within 30 days before the prisoner is released | 17 | | from a correctional facility, and the certificate is valid for | 18 | | 4 years after the date it is effective unless otherwise revoked | 19 | | by the Department. A certificate of qualification for | 20 | | employment is effective upon issuance for individuals | 21 | | incarcerated in a Department of Corrections facility and is | 22 | | effective 60 days after issuance for individuals incarcerated | 23 | | in a county jail or incarcerated in a facility of the Cook | 24 | | County Department of Corrections. | 25 | | (d) The Department shall revoke the certificate of | 26 | | qualification for employment if the prisoner commits any |
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| 1 | | criminal offense during the 30-day period before release, and | 2 | | the Department may revoke the certificate of qualification for | 3 | | employment if the prisoner has any institutional misconduct | 4 | | during that period. | 5 | | (e) The Department shall revoke the certificate of | 6 | | qualification for employment of any prisoner who commits a | 7 | | felony after receiving a certificate of qualification for | 8 | | employment under this Section and who is then placed under the | 9 | | jurisdiction of the Department for committing that felony | 10 | | offense. | 11 | | (f) The revocation of a certificate of qualification for | 12 | | employment is effective upon receipt of written notification of | 13 | | the revocation. | 14 | | (g) Upon request, the Department shall confirm whether a | 15 | | certificate of qualification for employment has been issued to | 16 | | a named individual, and whether the issued certificate is valid | 17 | | at the time of the inquiry and the time of the response to the | 18 | | inquiry. Revocation of a certificate of qualification for | 19 | | employment does not affect the right of an employer to rely on | 20 | | the validity of the certificate unless the employer knew or | 21 | | should have known before the certificate holder was employed | 22 | | that the certificate of qualification for employment was | 23 | | fraudulent. | 24 | | (h)
If the Department, upon review, denies a petition for | 25 | | certificate of qualification for employment the Department | 26 | | shall provide written notice to the petitioner of the denial. |
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| 1 | | The denial of a petition by the Department is a final | 2 | | administrative decision of the Department and is subject to | 3 | | judicial review under the
provisions of the Administrative | 4 | | Review Law. The term "administrative decision" is
defined as in | 5 | | Section 3-101 of the Code of Civil Procedure. | 6 | | (i) In a judicial or administrative proceeding alleging | 7 | | negligence or other fault, a certificate of qualification for | 8 | | employment issued under this Section may be introduced as | 9 | | evidence of a person's due care in hiring, retaining, | 10 | | licensing, leasing to, admitting to a school or program, or | 11 | | otherwise transacting business or engaging in activity with the | 12 | | holder of a certificate of qualification for employment if the | 13 | | person demonstrates and documents that he or she knew of the | 14 | | certificate at the time of the alleged negligence or other | 15 | | fault.
An employer is not civilly or criminally liable for an | 16 | | act or omission by an employee who has been issued a | 17 | | certificate of qualification for employment, except for a | 18 | | willful or wanton act by the employer in hiring the employee | 19 | | who has been issued a certificate of qualification for | 20 | | employment under this Section.
| 21 | | (730 ILCS 5/5-5.5-25)
| 22 | | Sec. 5-5.5-25. Certificate of relief from collateral | 23 | | consequence good conduct .
| 24 | | (a) A certificate of relief from collateral consequence | 25 | | good conduct may be granted as provided in this Section to |
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| 1 | | relieve an eligible offender of any employment , licensing, or | 2 | | housing bar. The certificate may be limited to one or more | 3 | | collateral consequence disabilities or bars or may relieve the | 4 | | individual of all collateral consequence disabilities and | 5 | | bars. | 6 | | Notwithstanding any other provision of law, a certificate | 7 | | of good conduct does not relieve an offender of any | 8 | | employment-related disability imposed by law by reason of his | 9 | | or her conviction of a crime that would prevent his or her | 10 | | employment by the Department of Corrections, Department of | 11 | | Juvenile Justice, or any other law enforcement agency in the | 12 | | State.
| 13 | | (a-6)
A certificate of relief from collateral consequence | 14 | | good conduct may be granted as provided in this
Section to an | 15 | | eligible offender as defined in Section 5-5.5-5 of this Code
| 16 | | who has demonstrated by a preponderance of the clear and | 17 | | convincing evidence that he or she has been a law-abiding | 18 | | citizen and is fully
rehabilitated.
| 19 | | (b)(i) A certificate of relief from collateral consequence | 20 | | good conduct may not, however, in any
way prevent any judicial | 21 | | proceeding, administrative, licensing, or other body,
board, | 22 | | or authority from considering the conviction specified
in the | 23 | | certificate.
| 24 | | (ii) A certificate of relief from collateral consequence | 25 | | good conduct shall not limit or prevent the
introduction of | 26 | | evidence of a prior conviction for purposes of impeachment of
a |
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| 1 | | witness in a judicial or other proceeding where otherwise | 2 | | authorized by the
applicable rules of evidence.
| 3 | | (iii) A certificate of relief from collateral consequence | 4 | | good conduct does not limit the employer from accessing | 5 | | criminal background information; nor does it hide, alter, or | 6 | | expunge the record. | 7 | | (c) An employer is not civilly or criminally liable for an | 8 | | act or omission by an employee who has been issued a | 9 | | certificate of relief from collateral consequence good | 10 | | conduct , except for a willful or wanton act by the employer in | 11 | | hiring the employee who has been issued a certificate of relief | 12 | | from collateral consequence good conduct . | 13 | | (Source: P.A. 96-852, eff. 1-1-10.)
| 14 | | (730 ILCS 5/5-5.5-30)
| 15 | | Sec. 5-5.5-30. Issuance of certificate of relief from | 16 | | collateral consequence good conduct .
| 17 | | (a) Any circuit court of this State may issue a certificate | 18 | | of relief from collateral consequence described in Section | 19 | | 5-5.5-25 of this Article to an eligible offender. The | 20 | | certificate may be issued (i) at the time sentenced is | 21 | | pronounced, in which case it may grant relief from collateral | 22 | | consequence or (ii) at any time thereafter upon verified | 23 | | application to the court. After a rehabilitation review has | 24 | | been held, in a manner designated by the chief judge of the | 25 | | judicial circuit in which the conviction was entered or in |
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| 1 | | which the petitioner resides , the Circuit Court of that | 2 | | judicial circuit
shall have the power to issue a certificate of | 3 | | relief from collateral consequence good
conduct to any eligible | 4 | | offender previously convicted of a crime in this State,
and | 5 | | shall make a specific finding of rehabilitation with the force | 6 | | and effect of a final judgment on the merits, when
the Court is | 7 | | satisfied that:
| 8 | | (1) (blank); the applicant has conducted himself or | 9 | | herself in a manner
warranting the issuance for a minimum | 10 | | period in accordance with the
provisions of subsection (c) | 11 | | of this Section;
| 12 | | (2) the relief to be granted by the certificate is | 13 | | consistent with the
rehabilitation of the applicant; and
| 14 | | (3) the relief to be granted is consistent with the | 15 | | public interest.
| 16 | | (b) The Circuit Court shall have the power to issue a | 17 | | certificate of relief from collateral consequence good
conduct | 18 | | to any person previously convicted of a crime in any other
| 19 | | jurisdiction, when the Court is satisfied that: | 20 | | (1) the applicant has demonstrated that there exist | 21 | | specific facts and circumstances and specific sections of | 22 | | Illinois State law that have an adverse impact on the | 23 | | applicant and warrant the application for relief to be made | 24 | | in Illinois; and
| 25 | | (2) the provisions of paragraphs (1), (2) , and (3) of | 26 | | subsection (a) of
this Section have been met.
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| 1 | | (c) The minimum period of good conduct by the individual | 2 | | referred to
in paragraph (1) of subsection (a) of this Section, | 3 | | shall be as follows:
if the most serious crime of which the | 4 | | individual was convicted is a
misdemeanor, the minimum period | 5 | | of good conduct shall be one year; if
the most serious crime of | 6 | | which the individual was convicted is a felony, the minimum | 7 | | period of good conduct shall be 2 years.
Criminal acts | 8 | | committed outside the State
shall be classified as acts | 9 | | committed within the State based on the
maximum sentence that | 10 | | could have been imposed based upon the
conviction under the | 11 | | laws of the foreign jurisdiction. The minimum
period of good | 12 | | conduct by the individual shall be measured either from
the | 13 | | date of the payment of any fine imposed upon him or her, or | 14 | | from the
date of his or her release from custody by parole, | 15 | | mandatory supervised
release or commutation or termination of | 16 | | his or her sentence.
The Circuit Court shall have power and it | 17 | | shall be its duty to investigate all
persons when the | 18 | | application is made and to grant or deny the same
within a | 19 | | reasonable time after the making of the application.
| 20 | | (d) If the Circuit Court has issued a certificate of relief | 21 | | from collateral consequence good
conduct , the Court may at any | 22 | | time issue a new certificate enlarging the
relief previously | 23 | | granted.
| 24 | | (e) Any certificate of relief from collateral consequence | 25 | | good conduct issued by the Court to
an individual who at the | 26 | | time of the issuance of the certificate is under the
conditions |
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| 1 | | of parole or mandatory supervised release imposed by the
| 2 | | Prisoner Review Board shall be deemed to be a temporary | 3 | | certificate until the time as the
individual is discharged from | 4 | | the terms of parole or mandatory
supervised release, and, while | 5 | | temporary, the certificate may be
revoked by the Court for | 6 | | violation of the conditions of parole or
mandatory supervised | 7 | | release. Revocation shall be upon
notice to the parolee or | 8 | | releasee, who shall be accorded an opportunity to
explain the | 9 | | violation prior to a decision on the revocation. If the | 10 | | certificate
is not so revoked, it shall become a permanent | 11 | | certificate upon expiration
or termination of the offender's | 12 | | parole or mandatory supervised release term. | 13 | | (f) The Court shall, upon notice to a certificate holder, | 14 | | have the power to revoke a certificate of relief from | 15 | | collateral consequence good conduct upon a subsequent | 16 | | conviction.
| 17 | | (Source: P.A. 99-381, eff. 1-1-16 .)
| 18 | | (730 ILCS 5/5-5.5-35)
| 19 | | Sec. 5-5.5-35. Effect of revocation; use of revoked | 20 | | certificate ; confirmation of certificate revocation .
| 21 | | (a) If a certificate of relief from collateral consequence | 22 | | disabilities is deemed to
be temporary and the certificate is | 23 | | revoked, disabilities and
forfeitures thereby relieved shall | 24 | | be reinstated as of the date
upon which the person to whom the | 25 | | certificate was issued receives
written notice of the |
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| 1 | | revocation. Any such person shall upon
receipt of the notice | 2 | | surrender the certificate to the issuing
court.
| 3 | | (b) A person who knowingly uses or attempts to use a | 4 | | revoked
certificate of relief from collateral consequence | 5 | | disabilities in order to obtain or to
exercise any right or | 6 | | privilege that he or she would not be entitled to
obtain or to | 7 | | exercise without a valid certificate is guilty
of a Class A | 8 | | misdemeanor.
| 9 | | (Source: P.A. 96-852, eff. 1-1-10.)
| 10 | | (730 ILCS 5/5-5.5-40)
| 11 | | Sec. 5-5.5-40. Forms and filing.
| 12 | | (a) All applications, certificates, and orders of
| 13 | | revocation necessary for the purposes of this Article shall be | 14 | | upon forms
prescribed by the
Chief Justice of the Supreme Court | 15 | | or his or her designee. The forms
relating to certificates of | 16 | | relief from collateral consequence disabilities and | 17 | | certificates of good conduct shall be distributed by
the | 18 | | Director of the Division of Probation Services.
| 19 | | (b) Any court or board issuing or revoking any certificate | 20 | | under
this Article shall immediately file a copy of the | 21 | | certificate or of the
order of revocation with the Director of | 22 | | State Police.
| 23 | | (Source: P.A. 96-852, eff. 1-1-10.)
| 24 | | (730 ILCS 5/5-5.5-50)
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| 1 | | Sec. 5-5.5-50. Report. The Department of Professional | 2 | | Regulation
shall report to the General
Assembly by November 30 | 3 | | of each year, for each occupational licensure category,
the | 4 | | number of licensure applicants with felony convictions, the | 5 | | number of
applicants with certificates of relief from | 6 | | collateral consequence disabilities , the number of
licenses | 7 | | awarded
to applicants with felony convictions, the number of | 8 | | licenses awarded to
applicants with certificates of relief from | 9 | | collateral consequence disabilities , the number of
applicants | 10 | | with
felony convictions denied licenses, and the number of | 11 | | applicants with
certificates of relief from collateral | 12 | | consequence disabilities denied licenses.
| 13 | | (Source: P.A. 93-207, eff. 1-1-04.)
| 14 | | (730 ILCS 5/5-5.5-10 rep.) | 15 | | (730 ILCS 5/5-5.5-15 rep.) | 16 | | Section 15. The Unified Code of Corrections is amended by | 17 | | repealing Sections 5-5.5-10 and 5-5.5-15.".
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