Full Text of HB2670 101st General Assembly
HB2670ham001 101ST GENERAL ASSEMBLY | Rep. Lamont J. Robinson, Jr. Filed: 3/12/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2670
| 2 | | AMENDMENT NO. ______. Amend House Bill 2670 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 Section 2105-131 as follows: | 7 | | (20 ILCS 2105/2105-131) | 8 | | Sec. 2105-131. Applicants with criminal convictions; | 9 | | notice of denial. | 10 | | (a) Except as provided in Section 2105-165 of this Act | 11 | | regarding licensing restrictions based on enumerated offenses | 12 | | for health care workers as defined in the Health Care Worker | 13 | | Self-Referral Act and except as provided in any licensing Act | 14 | | administered by the Department in which convictions of certain | 15 | | enumerated offenses are a bar to licensure, the Department, | 16 | | upon a finding that an applicant for a license, certificate, or |
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| 1 | | registration was previously convicted of a felony or | 2 | | misdemeanor that may be grounds for refusing to issue a license | 3 | | or certificate or to grant a granting registration, shall | 4 | | consider the circumstances surrounding the offense or offenses | 5 | | and any mitigating factors and evidence of rehabilitation | 6 | | contained in the applicant's record, including any of the | 7 | | following, to determine whether a prior conviction will impair | 8 | | the ability of the applicant to engage in the practice for | 9 | | which a license, certificate, or registration is sought: | 10 | | (1) the lack of direct relation of the offense for | 11 | | which the applicant was previously convicted to the duties, | 12 | | functions, and responsibilities of the position for which a | 13 | | license is sought; | 14 | | (2) unless otherwise specified, the time that has | 15 | | elapsed since the occurrence of the criminal offense or | 16 | | offenses whether 5 years since a felony conviction or 3 | 17 | | years since release from confinement for the conviction, | 18 | | whichever is later, have passed without a subsequent | 19 | | conviction ; | 20 | | (3) if the applicant was previously licensed or | 21 | | employed in this State or other states or jurisdictions, | 22 | | the lack of prior misconduct arising from or related to the | 23 | | licensed position or position of employment; | 24 | | (4) the age of the person at the time of the criminal | 25 | | offense; | 26 | | (4.5) if, due to the applicant's criminal conviction |
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| 1 | | history, the applicant would be explicitly prohibited by | 2 | | federal rules or regulations from working in the position | 3 | | for which a license is sought; | 4 | | (5) successful completion of sentence and, for | 5 | | applicants serving a term of parole or probation, a | 6 | | progress report provided by the applicant's probation or | 7 | | parole officer that documents the applicant's compliance | 8 | | with conditions of supervision; | 9 | | (6) evidence of the applicant's present fitness and | 10 | | professional character; | 11 | | (7) evidence of rehabilitation or rehabilitative | 12 | | effort during or after incarceration, or during or after a | 13 | | term of supervision, including, but not limited to, a | 14 | | certificate of good conduct under Section 5-5.5-25 of the | 15 | | Unified Code of Corrections or certificate of relief from | 16 | | disabilities under Section 5-5.5-10 of the Unified Code of | 17 | | Corrections; and | 18 | | (8) any other mitigating factors that contribute to the | 19 | | person's potential and current ability to perform the job | 20 | | duties. | 21 | | (b) If the Department refuses to issue a license or | 22 | | certificate or grant registration to an applicant based upon a | 23 | | conviction or convictions, in whole or in part, the Department | 24 | | shall notify the applicant of the denial in writing with the | 25 | | following included in the notice of denial: | 26 | | (1) a statement about the decision to refuse to grant a |
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| 1 | | license, certificate, or registration; | 2 | | (2) a list of convictions that the Department | 3 | | determined will impair the applicant's ability to engage in | 4 | | the position for which a license, registration, or | 5 | | certificate is sought; | 6 | | (3) a list of convictions that formed the sole or | 7 | | partial basis for the refusal to issue a license or | 8 | | certificate or grant registration; and | 9 | | (4) 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 | | (Source: P.A. 100-286, eff. 1-1-18 .)".
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