Full Text of SB1688 100th General Assembly
SB1688sam001 100TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 3/10/2017
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| 1 | | AMENDMENT TO SENATE BILL 1688
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1688 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, 2105-135, 2105-205, and 2105-207 | 7 | | and by adding Section 2105-131 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 2105-165 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 and except as provided in any licensing Act | 4 | | administered by the Department in which convictions of certain | 5 | | enumerated offenses are a bar to licensure, the Department, | 6 | | upon a finding that an applicant for a license, certificate, or | 7 | | registration was previously convicted of a felony or | 8 | | misdemeanor that may be grounds for refusing to issue a license | 9 | | or certificate or granting registration, shall consider any | 10 | | mitigating factors and evidence of rehabilitation contained in | 11 | | the applicant's record, including any of the following, to | 12 | | determine whether a prior conviction will impair the ability of | 13 | | the applicant to engage in the practice for which a license, | 14 | | certificate, or registration is sought: | 15 | | (1) the lack of direct relation of the offense for | 16 | | which the applicant was previously convicted to the duties, | 17 | | functions, and responsibilities of the position for which a | 18 | | license is sought; | 19 | | (2) unless otherwise specified, whether 5 years since a | 20 | | felony conviction or 3 years since release from confinement | 21 | | for the conviction, whichever is later, have passed without | 22 | | a subsequent conviction; | 23 | | (3) if the applicant was previously licensed or | 24 | | employed in this State or other states or jurisdictions, | 25 | | the lack of prior misconduct arising from or related to the | 26 | | licensed position or position of employment; |
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| 1 | | (4) the age of the person at the time of the criminal | 2 | | offense; | 3 | | (5) successful completion of sentence and, for | 4 | | applicants serving a term of parole or probation, a | 5 | | progress report provided by the applicant's probation or | 6 | | parole officer that documents the applicant's compliance | 7 | | with conditions of supervision; | 8 | | (6) evidence of the applicant's present fitness and | 9 | | professional character; | 10 | | (7) evidence of rehabilitation or rehabilitative | 11 | | effort during or after incarceration, or during or after a | 12 | | term of supervision, including, but not limited to, a | 13 | | certificate of good conduct under Section 5-5.5-25 of the | 14 | | Unified Code of Corrections or certificate of relief from | 15 | | disabilities under Section 5-5.5-10 of the Unified Code of | 16 | | Corrections; and | 17 | | (8) any other mitigating factors that contribute to the | 18 | | person's potential and current ability to perform the job | 19 | | duties. | 20 | | (b) If the Department refuses to issue a license or | 21 | | certificate or grant registration to an applicant based upon a | 22 | | conviction or convictions, in whole or in part, the Department | 23 | | shall notify the applicant of the denial in writing with the | 24 | | following included in the notice of denial: | 25 | | (1) a statement about the decision to refuse to grant a | 26 | | license, certificate, or registration; |
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| 1 | | (2) a list of convictions that the Department | 2 | | determined will impair the applicant's ability to engage in | 3 | | the position for which a license, registration, or | 4 | | certificate is sought; | 5 | | (3) a list of convictions that formed the sole or | 6 | | partial basis for the refusal to issue a license or | 7 | | certificate or grant registration; and | 8 | | (4) a summary of the appeal process or the earliest the | 9 | | applicant may reapply for a license, certificate, or | 10 | | registration, whichever is applicable. | 11 | | (20 ILCS 2105/2105-135) | 12 | | Sec. 2105-135. Qualification for licensure or | 13 | | registration; good moral character ; applicant conviction | 14 | | records . | 15 | | (a) The practice of professions licensed or registered by | 16 | | the Department is hereby declared to affect the public health, | 17 | | safety, and welfare and to be subject to regulation and control | 18 | | in the public interest. It is further declared to be a matter | 19 | | of public interest and concern that persons who are licensed or | 20 | | registered to engage in any of the professions licensed or | 21 | | registered by the Department are of good moral character, which | 22 | | shall be a continuing requirement of licensure or registration | 23 | | so as to merit and receive the confidence and trust of the | 24 | | public. Upon a finding by the Department that a person has | 25 | | committed a violation of the disciplinary grounds of any |
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| 1 | | licensing Act administered by the Department with regard to | 2 | | licenses, certificates, or authorities of persons exercising | 3 | | the respective professions, trades, or occupations, the | 4 | | Department is authorized to revoke, suspend, refuse to renew, | 5 | | place on probationary status, fine, or take any other | 6 | | disciplinary action it deems warranted against any licensee or | 7 | | registrant whose conduct violates the continuing requirement | 8 | | of good moral character. | 9 | | (b) No application for licensure or registration shall be | 10 | | denied by reason of a finding of lack of good moral character | 11 | | when the finding is based solely upon the fact that the | 12 | | applicant has previously been convicted of one or more criminal | 13 | | offenses. When reviewing a prior conviction of an initial | 14 | | applicant for the purpose of determining good moral character, | 15 | | the Department shall consider evidence of rehabilitation and | 16 | | mitigating factors in the applicant's record, including those | 17 | | set forth in subsection (a) of Section 2105-131 of this Act. | 18 | | (c) The Department shall not require applicants to report | 19 | | the following information and shall not consider the following | 20 | | criminal history records in connection with an application for | 21 | | licensure or registration:
| 22 | | (1) juvenile adjudications of delinquent minors as | 23 | | defined in Section 5-105 of the Juvenile Court Act of 1987 | 24 | | subject to the restrictions set forth in Section 5-130 of | 25 | | that Act; | 26 | | (2) law enforcement records, court records, and |
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| 1 | | conviction records of an individual who was 17 years old at | 2 | | the time of the offense and before January 1, 2014, unless | 3 | | the nature of the offense required the individual to be | 4 | | tried as an adult; | 5 | | (3) records of arrest not followed by a charge or | 6 | | conviction; | 7 | | (4) records of arrest where the charges were dismissed | 8 | | unless related to the practice of the profession; however, | 9 | | applicants shall not be asked to report any arrests, and an | 10 | | arrest not followed by a conviction shall not be the basis | 11 | | of a denial and may be used only to assess an applicant's | 12 | | rehabilitation; | 13 | | (5) convictions overturned by a higher court; or | 14 | | (6) convictions or arrests that have been sealed or | 15 | | expunged. | 16 | | (Source: P.A. 98-1047, eff. 1-1-15 .)
| 17 | | (20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
| 18 | | Sec. 2105-205. Publication of disciplinary actions ; annual | 19 | | report . | 20 | | (a) The
Department shall publish on its website, at least | 21 | | monthly, final disciplinary actions taken by
the Department | 22 | | against a licensee or applicant pursuant to any licensing Act | 23 | | administered by the Department. The specific disciplinary | 24 | | action and the name of the applicant or
licensee shall be | 25 | | listed.
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| 1 | | (b) No later than May 1 of each year, the Department must | 2 | | prepare, publicly announce, and publish a report of summary | 3 | | statistical information relating to new license, | 4 | | certification, or registration applications during the | 5 | | preceding calendar year. Each report shall show at minimum: | 6 | | (1) the number of applicants for each new license, | 7 | | certificate, or registration administered by the | 8 | | Department in the previous calendar year; | 9 | | (2) the number of applicants for a new license, | 10 | | certificate, or registration within the previous calendar | 11 | | year who had any criminal conviction; | 12 | | (3) the number of applicants for a new license, | 13 | | certificate, or registration in the previous calendar year | 14 | | who were granted a license, registration, or certificate; | 15 | | (4) the number of applicants for a new license, | 16 | | certificate, or registration within the previous calendar | 17 | | year with a criminal conviction who were granted a license, | 18 | | certificate, or registration in the previous calendar | 19 | | year; | 20 | | (5) the number of applicants for a new license, | 21 | | certificate, or registration in the previous calendar year | 22 | | who were denied a license, registration, or certificate; | 23 | | (6) the number of applicants for new license, | 24 | | certificate, or registration in the previous calendar year | 25 | | with a criminal conviction who were denied a license, | 26 | | certificate, or registration in part or in whole because of |
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| 1 | | such conviction; | 2 | | (7) the number of licenses issued within the previous | 3 | | calendar year to applicants with a criminal conviction; and | 4 | | (8) the number of licensees or certificate holders who | 5 | | were granted expungement for a record of discipline based | 6 | | on a conviction predating licensure, certification, or | 7 | | registration or a criminal charge, arrest, or conviction | 8 | | that was dismissed, sealed, or expunged or did not arise | 9 | | from the regulated activity, as a share of the total such | 10 | | expungement requests. | 11 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 12 | | (20 ILCS 2105/2105-207) | 13 | | Sec. 2105-207. Records of Department actions. | 14 | | (a) Any licensee subject to a licensing Act administered by | 15 | | the Division of Professional Regulation and who has been | 16 | | subject to disciplinary action by the Department may file an | 17 | | application with the Department on forms provided by the | 18 | | Department, along with the required fee of $175 $200 , to have | 19 | | the records classified as confidential, not for public release , | 20 | | and considered expunged for reporting purposes if: | 21 | | (1) the application is submitted more than 3 7 years | 22 | | after the disciplinary offense or offenses occurred or | 23 | | after restoration of the license, whichever is later ; | 24 | | (2) the licensee has had no incidents of discipline | 25 | | under the licensing Act since the disciplinary offense or |
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| 1 | | offenses identified in the application occurred; | 2 | | (3) the Department has no pending investigations | 3 | | against the licensee; and | 4 | | (4) the licensee is not currently in a disciplinary | 5 | | status. | 6 | | (b) An application to make disciplinary records | 7 | | confidential shall only be considered by the Department for an | 8 | | offense or action relating to: | 9 | | (1) failure to pay taxes or student loans; | 10 | | (2) continuing education; | 11 | | (3) failure to renew a license on time; | 12 | | (4) failure to obtain or renew a certificate of | 13 | | registration or ancillary license; | 14 | | (5) advertising; or | 15 | | (5.1) discipline based on criminal charges or | 16 | | convictions: | 17 | | (A) that did not arise from the licensed activity | 18 | | and was unrelated to the licensed activity; or | 19 | | (B) that were dismissed or for which records have | 20 | | been sealed or expunged. | 21 | | (5.2) past probationary status of a license issued to | 22 | | new applicants on the sole or partial basis of prior | 23 | | convictions; or | 24 | | (6) any grounds for discipline removed from the | 25 | | licensing Act. | 26 | | (c) An application shall be submitted to and considered by |
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| 1 | | the Director of the Division of Professional Regulation upon | 2 | | submission of an application and the required non-refundable | 3 | | fee. The Department may establish additional requirements by | 4 | | rule. The Department is not required to report the removal of | 5 | | any disciplinary record to any national database. Nothing in | 6 | | this Section shall prohibit the Department from using a | 7 | | previous discipline for any regulatory purpose or from | 8 | | releasing records of a previous discipline upon request from | 9 | | law enforcement, or other governmental body as permitted by | 10 | | law. Classification of records as confidential shall result in | 11 | | removal of records of discipline from records kept pursuant to | 12 | | Sections 2105-200 and 2105-205 of this Act.
| 13 | | (Source: P.A. 98-816, eff. 8-1-14.) | 14 | | Section 10. The Criminal Identification Act is amended by | 15 | | changing Section 12 as follows:
| 16 | | 20 ILCS 2630/12)
| 17 | | Sec. 12. Entry of order; effect of expungement or sealing | 18 | | records.
| 19 | | (a) Except with respect to law enforcement agencies, the | 20 | | Department of
Corrections, State's Attorneys, or other | 21 | | prosecutors, and as provided in Section 13 of this Act, an | 22 | | expunged or sealed
record may not be considered by any private | 23 | | or
public entity in employment matters, certification, | 24 | | licensing, revocation
of certification or licensure, or |
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| 1 | | registration. Applications for
certification, registration, or | 2 | | licensure shall employment must contain specific language | 3 | | which states that the
applicant is not obligated to disclose | 4 | | sealed or expunged records of
conviction or arrest. If it is | 5 | | not reasonably feasible to include the language in the | 6 | | application, the entity authorized to grant a license, | 7 | | certification, or registration shall publish on its website | 8 | | instructions specifying that applicants are not obligated to | 9 | | disclose sealed or expunged records of a conviction or arrest. | 10 | | Employers may not ask if an applicant has had
records expunged | 11 | | or sealed.
| 12 | | (b) A person whose records have been sealed or expunged is | 13 | | not entitled to
remission of any fines, costs, or other money | 14 | | paid as a consequence of
the sealing or expungement. This | 15 | | amendatory Act of the 93rd General
Assembly does not affect the | 16 | | right of the victim of a crime to prosecute
or defend a civil | 17 | | action for damages. Persons engaged in civil litigation
| 18 | | involving criminal records that have been sealed may
petition | 19 | | the court to open the records for the limited purpose of using
| 20 | | them in the course of litigation.
| 21 | | (Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05 .)".
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