Full Text of HB3342 100th General Assembly
HB3342ham001 100TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 3/9/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3342
| 2 | | AMENDMENT NO. ______. Amend House Bill 3342 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Professional Regulation Law | 5 | | of the
Civil Administrative Code of Illinois is amended by | 6 | | changing Sections 2105-130, 2105-131, 2105-135, 2105-205, and | 7 | | 2105-207 as follows: | 8 | | (20 ILCS 2105/2105-130) | 9 | | Sec. 2105-130. Determination of disciplinary sanctions. | 10 | | (a) Following disciplinary proceedings as authorized in | 11 | | any licensing Act administered by the Department, upon a | 12 | | finding by the Department that a person has committed a | 13 | | violation of the licensing Act with regard to licenses, | 14 | | certificates, or authorities of persons exercising the | 15 | | respective professions, trades, or occupations, the Department | 16 | | may revoke, suspend, refuse to renew, place on probationary |
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| 1 | | status, fine, or take any other disciplinary action as | 2 | | authorized in the licensing Act with regard to those licenses, | 3 | | certificates, or authorities. When making a determination of | 4 | | the appropriate disciplinary sanction to be imposed, the | 5 | | Department shall consider only evidence contained in the | 6 | | record. The Department shall consider any aggravating or | 7 | | mitigating factors contained in the record when determining the | 8 | | appropriate disciplinary sanction to be imposed. | 9 | | (b) When making a determination of the appropriate | 10 | | disciplinary sanction to be imposed on a licensee , the | 11 | | Department shall consider, but is not limited to, the following | 12 | | aggravating factors contained in the record: | 13 | | (1) the seriousness of the offenses; | 14 | | (2) the presence of multiple offenses; | 15 | | (3) prior disciplinary history, including actions | 16 | | taken by other agencies in this State, by other states or | 17 | | jurisdictions, hospitals, health care facilities, | 18 | | residency programs, employers, or professional liability | 19 | | insurance companies or by any of the armed forces of the | 20 | | United States or any state; | 21 | | (4) the impact of the offenses on any injured party; | 22 | | (5) the vulnerability of any injured party, including, | 23 | | but not limited to, consideration of the injured party's | 24 | | age, disability, or mental illness; | 25 | | (6) the motive for the offenses; | 26 | | (7) the lack of contrition for the offenses; |
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| 1 | | (8) financial gain as a result of committing the | 2 | | offenses; and | 3 | | (9) the lack of cooperation with the Department or | 4 | | other investigative authorities. | 5 | | (c) When making a determination of the appropriate | 6 | | disciplinary sanction to be imposed on a licensee , the | 7 | | Department shall consider, but is not limited to, the following | 8 | | mitigating factors contained in the record: | 9 | | (1) the lack of prior disciplinary action by the | 10 | | Department or by other agencies in this State, by other | 11 | | states or jurisdictions, hospitals, health care | 12 | | facilities, residency programs, employers, insurance | 13 | | providers, or by any of the armed forces of the United | 14 | | States or any state; | 15 | | (2) contrition for the offenses; | 16 | | (3) cooperation with the Department or other | 17 | | investigative authorities; | 18 | | (4) restitution to injured parties; | 19 | | (5) whether the misconduct was self-reported; and | 20 | | (6) any voluntary remedial actions taken.
| 21 | | (Source: P.A. 98-1047, eff. 1-1-15 .) | 22 | | (20 ILCS 2105/2105-131 new) | 23 | | Sec. 2105-131. Applicants with criminal convictions; | 24 | | notice of denial. | 25 | | (a) Except as provided in Section 2105-130 of this Act |
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| 1 | | regarding licensing restrictions based on enumerated offenses | 2 | | for health care workers as defined in the Health Care Worker | 3 | | Self-Referral Act, the Department, upon a finding that an | 4 | | applicant for a license, certificate, or registration was | 5 | | previously convicted of a felony or misdemeanor that may be | 6 | | grounds for refusing to issue a license or certificate or | 7 | | granting registration, shall consider any mitigating factors | 8 | | and evidence of rehabilitation contained in the applicant's | 9 | | record, including any of the following, in determining whether | 10 | | to grant a license, certificate, or registration: | 11 | | (1) the lack of direct relation of the offense for | 12 | | which the applicant was previously convicted to the duties, | 13 | | functions, and responsibilities of the position for which a | 14 | | license in sought; | 15 | | (2) unless otherwise specified, whether 5 years since a | 16 | | felony conviction or 3 years since release from confinement | 17 | | for the conviction, whichever is later, have passed without | 18 | | a subsequent conviction; | 19 | | (3) if the applicant was previously licensed or | 20 | | employed in this State or other states or jurisdictions, | 21 | | the lack of prior misconduct arising from or related to the | 22 | | licensed position or position of employment; | 23 | | (4) the age of the person at the time of the criminal | 24 | | offense; | 25 | | (5) successful completion of sentence and, for | 26 | | applicants serving a term of parole or probation, a |
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| 1 | | progress report provided by the applicant's probation or | 2 | | parole officer that documents the applicant's compliance | 3 | | with conditions of supervision; | 4 | | (6) evidence of the applicant's present fitness and | 5 | | professional character; | 6 | | (7) evidence of rehabilitation or rehabilitative | 7 | | effort during or after incarceration, or during or after a | 8 | | term of supervision, including, but not limited to, a | 9 | | certificate of good conduct under Section 5-5.5-25 of the | 10 | | Unified Code of Corrections or certificate of relief from | 11 | | disabilities under Section 5-5.5-10 of the Unified Code of | 12 | | Corrections; and | 13 | | (8) any other mitigating factors that contribute to the | 14 | | person's potential and current ability to perform the job | 15 | | duties. | 16 | | (b) It is the affirmative obligation of the Department to | 17 | | demonstrate that a prior conviction would impair the ability of | 18 | | the applicant to engage in a practice requiring registration, | 19 | | licensure, or certification by the Department. If the | 20 | | Department refuses to issue a license or certificate or grant | 21 | | registration to an applicant, the Department shall notify the | 22 | | applicant of the denial in writing with the following included | 23 | | in the notice of denial: | 24 | | (1) a statement about the decision to refuse to grant a | 25 | | license, certificate, or registration; | 26 | | (2) a list of the conviction items that formed the sole |
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| 1 | | or partial basis for the refusal to issue a license, | 2 | | certificate, or registration; | 3 | | (3) a list of the mitigating evidence presented by the | 4 | | applicant; | 5 | | (4) reasons for refusing to issue a license, | 6 | | certificate, or registration specific to the evidence | 7 | | presented in mitigation of conviction items that formed the | 8 | | partial or sole basis for the Department's decision; and | 9 | | (5) a summary of the appeal process or the earliest the | 10 | | applicant may reapply for a license, certificate, or | 11 | | registration, whichever is applicable. | 12 | | (20 ILCS 2105/2105-135) | 13 | | Sec. 2105-135. Qualification for licensure or | 14 | | registration; good moral character ; applicant conviction | 15 | | records . | 16 | | (a) The practice of professions licensed or registered by | 17 | | the Department is hereby declared to affect the public health, | 18 | | safety, and welfare and to be subject to regulation and control | 19 | | in the public interest. It is further declared to be a matter | 20 | | of public interest and concern that persons who are licensed or | 21 | | registered to engage in any of the professions licensed or | 22 | | registered by the Department are of good moral character, which | 23 | | shall be a continuing requirement of licensure or registration | 24 | | so as to merit and receive the confidence and trust of the | 25 | | public. Upon a finding by the Department that a person has |
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| 1 | | committed a violation of the disciplinary grounds of any | 2 | | licensing Act administered by the Department with regard to | 3 | | licenses, certificates, or authorities of persons exercising | 4 | | the respective professions, trades, or occupations, the | 5 | | Department is authorized to revoke, suspend, refuse to renew, | 6 | | place on probationary status, fine, or take any other | 7 | | disciplinary action it deems warranted against any licensee or | 8 | | registrant whose conduct violates the continuing requirement | 9 | | of good moral character. | 10 | | (b) No application for licensure or registration shall be | 11 | | denied by reason of a finding of lack of good moral character | 12 | | when the finding is based solely upon the fact that the | 13 | | applicant has previously been convicted of one or more criminal | 14 | | offenses. When reviewing a prior conviction of an initial | 15 | | applicant for the purpose of determining good moral character, | 16 | | the Department shall consider evidence of rehabilitation and | 17 | | mitigating factors in the applicant's record, including those | 18 | | set forth in subsection (a) of Section 2105-131 of this Act. | 19 | | (c) The Department shall not require applicants to report | 20 | | the following information and shall not consider the following | 21 | | criminal history records in connection with an application for | 22 | | licensure or registration:
| 23 | | (1) juvenile adjudications of delinquent minors as | 24 | | defined in Section 5-105 of the Juvenile Court Act of 1987 | 25 | | subject to the restrictions set forth in Section 5-130 of | 26 | | that Act; |
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| 1 | | (2) law enforcement records, court records, and | 2 | | conviction records of an individual who was 17 years old at | 3 | | the time of the offense and before January 1, 2014, unless | 4 | | the nature of the offense required the individual to be | 5 | | tried as an adult; | 6 | | (3) records of arrest not followed by a conviction | 7 | | unless related to the practice of the profession; however, | 8 | | applicants shall not be asked to report any arrests, and an | 9 | | arrest not followed by a conviction shall not be the basis | 10 | | of a denial and may be used only to assess an applicant's | 11 | | rehabilitation; | 12 | | (4) convictions overturned by a higher court; or | 13 | | (5) convictions or arrests that have been sealed or | 14 | | expunged. | 15 | | (Source: P.A. 98-1047, eff. 1-1-15 .)
| 16 | | (20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
| 17 | | Sec. 2105-205. Publication of disciplinary actions ; annual | 18 | | report . | 19 | | (a) The
Department shall publish on its website, at least | 20 | | monthly, final disciplinary actions taken by
the Department | 21 | | against a licensee or applicant pursuant to any licensing Act | 22 | | administered by the Department. The specific disciplinary | 23 | | action and the name of the applicant or
licensee shall be | 24 | | listed.
| 25 | | (b) No later than May 1 of each year, the Department must |
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| 1 | | prepare, publicly announce, and publish a report of summary | 2 | | statistical information relating to new and renewal license, | 3 | | certification, or registration applications during the | 4 | | preceding calendar year. Each report shall show at minimum: | 5 | | (1) the number of applicants for each new or renewal | 6 | | license, certificate, or registration administered by the | 7 | | Department in the previous calendar year; | 8 | | (2) the number of applicants for a new or renewal | 9 | | license, certificate, or registration within the previous | 10 | | calendar year who had any criminal conviction; | 11 | | (3) the number of applicants for a new or renewal | 12 | | license, certificate, or registration in the previous | 13 | | calendar year who were granted a license, registration, or | 14 | | certificate; | 15 | | (4) the number of applicants for a new or renewal | 16 | | license, certificate, or registration within the previous | 17 | | calendar year with a criminal conviction who were granted a | 18 | | license, certificate, or registration in the previous | 19 | | calendar year; | 20 | | (5) the number of applicants for a new or renewal | 21 | | license, certificate, or registration in the previous | 22 | | calendar year who were denied a license, registration, or | 23 | | certificate; | 24 | | (6) the number of applicants for new or renewal | 25 | | license, certificate, or registration in the previous | 26 | | calendar year with a criminal conviction who were denied a |
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| 1 | | license, certificate, or registration in part or in whole | 2 | | because of such conviction; | 3 | | (7) the number of probationary licenses issued without | 4 | | monitoring within the previous calendar year to applicants | 5 | | with a criminal conviction; | 6 | | (8) the number of probationary licenses issued with | 7 | | monitoring within the previous calendar year to applicants | 8 | | with a criminal conviction; and | 9 | | (9) the number of licensees, certificate holders, or | 10 | | permittees who were granted expungement for a record of | 11 | | discipline based on a conviction predating licensure, | 12 | | certification, or registration or a criminal charge, | 13 | | arrest, or conviction that was dismissed, sealed, or | 14 | | expunged or did not arise from the regulated activity, as a | 15 | | share of the total such expungement requests. | 16 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 17 | | (20 ILCS 2105/2105-207) | 18 | | Sec. 2105-207. Records of Department actions. | 19 | | (a) Any licensee subject to a licensing Act administered by | 20 | | the Division of Professional Regulation and who has been | 21 | | subject to disciplinary action by the Department may file an | 22 | | application with the Department on forms provided by the | 23 | | Department , along with the required fee of $200, to have the | 24 | | records classified as confidential, not for public release , and | 25 | | considered expunged for reporting purposes if: |
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| 1 | | (1) the application is submitted more than 3 7 years | 2 | | after the disciplinary offense or offenses occurred; | 3 | | (2) the licensee has had no incidents of discipline | 4 | | under the licensing Act since the disciplinary offense or | 5 | | offenses identified in the application occurred; | 6 | | (3) the Department has no pending investigations | 7 | | against the licensee; and | 8 | | (4) the licensee is not currently in a disciplinary | 9 | | status. | 10 | | (b) An application to make disciplinary records | 11 | | confidential shall only be considered by the Department for an | 12 | | offense or action relating to: | 13 | | (1) failure to pay taxes or student loans; | 14 | | (2) continuing education; | 15 | | (3) failure to renew a license on time; | 16 | | (4) failure to obtain or renew a certificate of | 17 | | registration or ancillary license; | 18 | | (5) advertising; or | 19 | | (5.1) discipline based on criminal charges or | 20 | | convictions: | 21 | | (A) that did not arise from the licensed activity | 22 | | and was unrelated to the licensed activity; or | 23 | | (B) that were dismissed or for which the records | 24 | | have been sealed or expunged; | 25 | | (5.2) a probationary license issued to new applicants | 26 | | on the sole or partial basis of prior convictions; or |
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| 1 | | (6) any grounds for discipline removed from the | 2 | | licensing Act. | 3 | | (c) An application shall be submitted to and considered by | 4 | | the Director of the Division of Professional Regulation upon | 5 | | submission of an application and the required non-refundable | 6 | | fee. The Department may establish additional requirements by | 7 | | rule. The Department is not required to report the removal of | 8 | | any disciplinary record to any national database. Nothing in | 9 | | this Section shall prohibit the Department from using a | 10 | | previous discipline for any regulatory purpose or from | 11 | | releasing records of a previous discipline upon request from | 12 | | law enforcement, or other governmental body as permitted by | 13 | | law. Classification of records as confidential shall result in | 14 | | removal of records of discipline from records kept pursuant to | 15 | | Sections 2105-200 and 2105-205 of this Act.
| 16 | | (Source: P.A. 98-816, eff. 8-1-14.) | 17 | | Section 10. The Criminal Identification Act is amended by | 18 | | changing Sections 12 and 13 as follows:
| 19 | | 20 ILCS 2630/12)
| 20 | | Sec. 12. Entry of order; effect of expungement or sealing | 21 | | records.
| 22 | | (a) Except with respect to law enforcement agencies, the | 23 | | Department of
Corrections, State's Attorneys, or other | 24 | | prosecutors, and as provided in Section 13 of this Act, an |
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| 1 | | expunged or sealed
record may not be considered by any private | 2 | | or
public entity in employment matters, certification, | 3 | | licensing, revocation
of certification or licensure, or | 4 | | registration. Applications for
employment must contain | 5 | | specific language which states that the
applicant is not | 6 | | obligated to disclose sealed or expunged records of
conviction | 7 | | or arrest. The entity authorized to grant a license, | 8 | | certification, or registration shall include, in an | 9 | | application for certification, registration, or licensure, | 10 | | specific language stating that the applicant is not obligated | 11 | | to disclose sealed or expunged records of a conviction or | 12 | | arrest; however, if the inclusion of that language in an | 13 | | application for certification, registration, or licensure is | 14 | | not practical, the entity shall publish on its website | 15 | | instructions specifying that applicants are not obligated to | 16 | | disclose sealed or expunged records of a conviction or arrest. | 17 | | Employers and entities authorized to grant a professional | 18 | | license, certification, or registration may not ask if an | 19 | | applicant has had
records expunged or sealed.
| 20 | | (b) A person whose records have been sealed or expunged is | 21 | | not entitled to
remission of any fines, costs, or other money | 22 | | paid as a consequence of
the sealing or expungement. This | 23 | | amendatory Act of the 93rd General
Assembly does not affect the | 24 | | right of the victim of a crime to prosecute
or defend a civil | 25 | | action for damages. Persons engaged in civil litigation
| 26 | | involving criminal records that have been sealed may
petition |
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| 1 | | the court to open the records for the limited purpose of using
| 2 | | them in the course of litigation.
| 3 | | (Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05 .)
| 4 | | (20 ILCS 2630/13)
| 5 | | Sec. 13. Retention and release of sealed records. | 6 | | (a) The Department of State Police shall retain records | 7 | | sealed under
subsection (c) or (e-5) of Section 5.2 or | 8 | | impounded under subparagraph (B) or (B-5) of paragraph (9) of | 9 | | subsection (d) of Section 5.2 and shall release them only as | 10 | | authorized by this Act. Felony records sealed under subsection | 11 | | (c) or (e-5) of Section 5.2 or impounded under subparagraph (B) | 12 | | or (B-5) of paragraph (9) of subsection (d) of Section 5.2
| 13 | | shall be used and
disseminated by the Department only as | 14 | | otherwise specifically required or authorized by a federal or | 15 | | State law, rule, or regulation that requires inquiry into and | 16 | | release of criminal records, including, but not limited to, | 17 | | subsection (A) of Section 3 of this Act , except those records | 18 | | shall not be used or disseminated in connection with an | 19 | | application for a professional or business license, | 20 | | registration, or certification not involving a licensed health | 21 | | care worker as defined in the Health Care Worker Self-Referral | 22 | | Act . However, all requests for records that have been expunged, | 23 | | sealed, and impounded and the use of those records are subject | 24 | | to the provisions of Section 2-103 of the Illinois Human Rights | 25 | | Act. Upon
conviction for any offense, the Department of |
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| 1 | | Corrections shall have
access to all sealed records of the | 2 | | Department pertaining to that
individual. | 3 | | (b) Notwithstanding the foregoing, all sealed or impounded | 4 | | records are subject to inspection and use by the court and | 5 | | inspection and use by law enforcement agencies and State's | 6 | | Attorneys or other prosecutors in carrying out the duties of | 7 | | their offices.
| 8 | | (c) The sealed or impounded records maintained under | 9 | | subsection (a) are exempt from
disclosure under the Freedom of | 10 | | Information Act. | 11 | | (d) The Department of State Police shall commence the | 12 | | sealing of records of felony arrests and felony convictions | 13 | | pursuant to the provisions of subsection (c) of Section 5.2 of | 14 | | this Act no later than one year from the date that funds have | 15 | | been made available for purposes of establishing the | 16 | | technologies necessary to implement the changes made by this | 17 | | amendatory Act of the 93rd General Assembly.
| 18 | | (Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13; | 19 | | 98-399, eff. 8-16-13; 98-463, eff. 8-16-13.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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