Sen. Kwame Raoul

Filed: 3/22/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1688 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Sections 2105-130, 2105-135, 2105-205, and 2105-207
7and 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
11any licensing Act administered by the Department, upon a
12finding by the Department that a person has committed a
13violation of the licensing Act with regard to licenses,
14certificates, or authorities of persons exercising the
15respective professions, trades, or occupations, the Department
16may revoke, suspend, refuse to renew, place on probationary



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1status, fine, or take any other disciplinary action as
2authorized in the licensing Act with regard to those licenses,
3certificates, or authorities. When making a determination of
4the appropriate disciplinary sanction to be imposed, the
5Department shall consider only evidence contained in the
6record. The Department shall consider any aggravating or
7mitigating factors contained in the record when determining the
8appropriate disciplinary sanction to be imposed.
9    (b) When making a determination of the appropriate
10disciplinary sanction to be imposed on a licensee, the
11Department shall consider, but is not limited to, the following
12aggravating 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
6disciplinary sanction to be imposed on a licensee, the
7Department shall consider, but is not limited to, the following
8mitigating 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;
24notice of denial.
25    (a) Except as provided in Section 2105-165 of this Act



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1regarding licensing restrictions based on enumerated offenses
2for health care workers as defined in the Health Care Worker
3Self-Referral Act and except as provided in any licensing Act
4administered by the Department in which convictions of certain
5enumerated offenses are a bar to licensure, the Department,
6upon a finding that an applicant for a license, certificate, or
7registration was previously convicted of a felony or
8misdemeanor that may be grounds for refusing to issue a license
9or certificate or granting registration, shall consider any
10mitigating factors and evidence of rehabilitation contained in
11the applicant's record, including any of the following, to
12determine whether a prior conviction will impair the ability of
13the applicant to engage in the practice for which a license,
14certificate, 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
21certificate or grant registration to an applicant based upon a
22conviction or convictions, in whole or in part, the Department
23shall notify the applicant of the denial in writing with the
24following 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
13registration; good moral character; applicant conviction
15    (a) The practice of professions licensed or registered by
16the Department is hereby declared to affect the public health,
17safety, and welfare and to be subject to regulation and control
18in the public interest. It is further declared to be a matter
19of public interest and concern that persons who are licensed or
20registered to engage in any of the professions licensed or
21registered by the Department are of good moral character, which
22shall be a continuing requirement of licensure or registration
23so as to merit and receive the confidence and trust of the
24public. Upon a finding by the Department that a person has
25committed a violation of the disciplinary grounds of any



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1licensing Act administered by the Department with regard to
2licenses, certificates, or authorities of persons exercising
3the respective professions, trades, or occupations, the
4Department is authorized to revoke, suspend, refuse to renew,
5place on probationary status, fine, or take any other
6disciplinary action it deems warranted against any licensee or
7registrant whose conduct violates the continuing requirement
8of good moral character.
9    (b) No application for licensure or registration shall be
10denied by reason of a finding of lack of good moral character
11when the finding is based solely upon the fact that the
12applicant has previously been convicted of one or more criminal
13offenses. When reviewing a prior conviction of an initial
14applicant for the purpose of determining good moral character,
15the Department shall consider evidence of rehabilitation and
16mitigating factors in the applicant's record, including those
17set forth in subsection (a) of Section 2105-131 of this Act.
18    (c) The Department shall not require applicants to report
19the following information and shall not consider the following
20criminal history records in connection with an application for
21licensure 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
20    (a) The Department shall publish on its website, at least
21monthly, final disciplinary actions taken by the Department
22against a licensee or applicant pursuant to any licensing Act
23administered by the Department. The specific disciplinary
24action and the name of the applicant or licensee shall be



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1    (b) No later than May 1 of each year, the Department must
2prepare, publicly announce, and publish a report of summary
3statistical information relating to new license,
4certification, or registration applications during the
5preceding 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 on probation within
3    the previous calendar year to applicants with a criminal
4    conviction; and
5        (8) the number of licensees or certificate holders who
6    were granted expungement for a record of discipline based
7    on a conviction predating licensure, certification, or
8    registration or a criminal charge, arrest, or conviction
9    that was dismissed, sealed, or expunged or did not arise
10    from the regulated activity, as a share of the total such
11    expungement requests.
12(Source: P.A. 99-227, eff. 8-3-15.)
13    (20 ILCS 2105/2105-207)
14    Sec. 2105-207. Records of Department actions.
15    (a) Any licensee subject to a licensing Act administered by
16the Division of Professional Regulation and who has been
17subject to disciplinary action by the Department may file an
18application with the Department on forms provided by the
19Department, along with the required fee of $175 $200, to have
20the records classified as confidential, not for public release,
21and considered expunged for reporting purposes if:
22        (1) the application is submitted more than 3 7 years
23    after the disciplinary offense or offenses occurred or
24    after restoration of the license, whichever is later;
25        (2) the licensee has had no incidents of discipline



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1    under the licensing Act since the disciplinary offense or
2    offenses identified in the application occurred;
3        (3) the Department has no pending investigations
4    against the licensee; and
5        (4) the licensee is not currently in a disciplinary
6    status.
7    (b) An application to make disciplinary records
8confidential shall only be considered by the Department for an
9offense or action relating to:
10        (1) failure to pay taxes or student loans;
11        (2) continuing education;
12        (3) failure to renew a license on time;
13        (4) failure to obtain or renew a certificate of
14    registration or ancillary license;
15        (5) advertising; or
16        (5.1) discipline based on criminal charges or
17    convictions:
18            (A) that did not arise from the licensed activity
19        and was unrelated to the licensed activity; or
20            (B) that were dismissed or for which records have
21        been sealed or expunged.
22        (5.2) past probationary status of a license issued to
23    new applicants on the sole or partial basis of prior
24    convictions; or
25        (6) any grounds for discipline removed from the
26    licensing Act.



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1    (c) An application shall be submitted to and considered by
2the Director of the Division of Professional Regulation upon
3submission of an application and the required non-refundable
4fee. The Department may establish additional requirements by
5rule. The Department is not required to report the removal of
6any disciplinary record to any national database. Nothing in
7this Section shall prohibit the Department from using a
8previous discipline for any regulatory purpose or from
9releasing records of a previous discipline upon request from
10law enforcement, or other governmental body as permitted by
11law. Classification of records as confidential shall result in
12removal of records of discipline from records kept pursuant to
13Sections 2105-200 and 2105-205 of this Act.
14(Source: P.A. 98-816, eff. 8-1-14.)
15    Section 10. The Criminal Identification Act is amended by
16changing Section 12 as follows:
17    (20 ILCS 2630/12)
18    Sec. 12. Entry of order; effect of expungement or sealing
20    (a) Except with respect to law enforcement agencies, the
21Department of Corrections, State's Attorneys, or other
22prosecutors, and as provided in Section 13 of this Act, an
23expunged or sealed record may not be considered by any private
24or public entity in employment matters, certification,



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1licensing, revocation of certification or licensure, or
2registration. Applications for employment must contain
3specific language which states that the applicant is not
4obligated to disclose sealed or expunged records of conviction
5or arrest. The entity authorized to grant a license,
6certification, or registration shall include, in an
7application for licensure, certification, or registration,
8specific language stating that the applicant is not obligated
9to disclose sealed or expunged records of a conviction or
10arrest; however, if the inclusion of that language in an
11application for licensure, certification, or registration is
12not practical, the entity shall publish on its website
13instructions specifying that applicants are not obligated to
14disclose sealed or expunged records of a conviction or arrest.
15Employers may not ask if an applicant has had records expunged
16or sealed.
17    (b) A person whose records have been sealed or expunged is
18not entitled to remission of any fines, costs, or other money
19paid as a consequence of the sealing or expungement. This
20amendatory Act of the 93rd General Assembly does not affect the
21right of the victim of a crime to prosecute or defend a civil
22action for damages. Persons engaged in civil litigation
23involving criminal records that have been sealed may petition
24the court to open the records for the limited purpose of using
25them in the course of litigation.
26(Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)".