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Full Text of HB0014  102nd General Assembly

HB0014 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0014

 

Introduced 1/14/2021, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2105/2105-131
20 ILCS 2105/2105-205  was 20 ILCS 2105/60.3

    Amends the Civil Administrative Code of Illinois. Provides that, if the Department of Financial and Professional Regulation refuses to issue a license or certificate or grant registration to an applicant based upon a criminal conviction or convictions, the Department shall include in its notification to the applicant an explanation of how the conviction directly relates to and would prevent the person from effectively engaging in the position for which a license, registration, or certificate is sought. Provides that the Department shall post on its website a list of all State and federal licensing restrictions that would prohibit an applicant from working in a position for which a license is sought. In provisions concerning an annual report summarizing statistical information relating to new license, certification, or registration applications during the preceding calendar year, requires the Department to include the types of criminal convictions that contributed to the denial of a license, certificate, or registration.


LRB102 02640 SPS 12643 b

 

 

A BILL FOR

 

HB0014LRB102 02640 SPS 12643 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Sections 2105-131 and 2105-205 as follows:
 
7    (20 ILCS 2105/2105-131)
8    Sec. 2105-131. Applicants with criminal convictions;
9notice of denial.
10    (a) For the purposes of this Section, "mitigating factors"
11means any information, evidence, conduct, or circumstances
12before, during, or after the offense or offenses reviewed by
13the Department that may reflect on an applicant's request for
14licensure, registration, or certification through the
15Department, such as 3 years having passed since release from
16confinement. Mitigating factors are not a bar to licensure,
17instead they provide guidance for the Department when
18considering licensure, registration, or certification for an
19applicant with criminal history.
20    Except as provided in Section 2105-165 of this Act
21regarding licensing restrictions based on enumerated offenses
22for health care workers as defined in the Health Care Worker
23Self-Referral Act and except as provided in any licensing Act

 

 

HB0014- 2 -LRB102 02640 SPS 12643 b

1administered by the Department in which convictions of certain
2enumerated offenses are a bar to licensure, the Department,
3upon a finding that an applicant for a license, certificate,
4or registration was previously convicted of a felony or
5misdemeanor that may be grounds for refusing to issue a
6license or certificate or to grant a registration, shall
7consider any mitigating factors and evidence of rehabilitation
8contained in the applicant's record, including the
9circumstances surrounding the offense or offenses and any of
10the following, to determine whether a prior conviction will
11impair the ability of the applicant to engage in the practice
12for which a license, certificate, or registration is sought:
13        (1) the lack of direct relation of the offense for
14    which the applicant was previously convicted to the
15    duties, functions, and responsibilities of the position
16    for which a license is sought;
17        (2) any mitigating factors from the point of arrest or
18    indictment when determined to be appropriate, unless
19    otherwise specified and including, but not limited to,
20    whether 5 years since a felony conviction or 3 years since
21    release from confinement for the conviction, whichever is
22    later, have passed without 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
26    the licensed position or position of employment;

 

 

HB0014- 3 -LRB102 02640 SPS 12643 b

1        (4) the age of the person at the time of the criminal
2    offense;
3        (4.5) if, due to the applicant's criminal conviction
4    history, the applicant would be explicitly prohibited by
5    federal rules or regulations from working in the position
6    for which a license is sought;
7        (5) successful completion of sentence and, for
8    applicants serving a term of parole or probation, a
9    progress report provided by the applicant's probation or
10    parole officer that documents the applicant's compliance
11    with conditions of supervision;
12        (6) evidence of the applicant's present fitness and
13    professional character;
14        (7) evidence of rehabilitation or rehabilitative
15    effort during or after incarceration, or during or after a
16    term of supervision, including, but not limited to, a
17    certificate of good conduct under Section 5-5.5-25 of the
18    Unified Code of Corrections or certificate of relief from
19    disabilities under Section 5-5.5-10 of the Unified Code of
20    Corrections; and
21        (8) any other mitigating factors that contribute to
22    the person's potential and current ability to perform the
23    job duties.
24    (b) If the Department refuses to issue a license or
25certificate or grant registration to an applicant based upon a
26conviction or convictions, in whole or in part, the Department

 

 

HB0014- 4 -LRB102 02640 SPS 12643 b

1shall notify the applicant of the denial in writing with the
2following included in the notice of denial:
3        (1) a statement about the decision to refuse to grant
4    a license, certificate, or registration, including an
5    explanation of how the conviction directly relates to and
6    would prevent the person from effectively engaging in the
7    position for which a license, registration, or certificate
8    is sought;
9        (2) a list of convictions that the Department
10    determined will impair the applicant's ability to engage
11    in the position for which a license, registration, or
12    certificate is sought;
13        (3) a list of convictions that formed the sole or
14    partial basis for the refusal to issue a license or
15    certificate or grant registration; and
16        (4) a summary of the appeal process or the earliest
17    the applicant may reapply for a license, certificate, or
18    registration, whichever is applicable.
19    (c) The Department shall post on its website a list of all
20State and federal licensing restrictions that would prohibit
21an applicant from working in a position for which a license is
22sought.
23(Source: P.A. 100-286, eff. 1-1-18; 101-388, eff. 1-1-20.)
 
24    (20 ILCS 2105/2105-205)  (was 20 ILCS 2105/60.3)
25    Sec. 2105-205. Publication of disciplinary actions; annual

 

 

HB0014- 5 -LRB102 02640 SPS 12643 b

1report.
2    (a) The Department shall publish on its website, at least
3monthly, final disciplinary actions taken by the Department
4against a licensee or applicant pursuant to any licensing Act
5administered by the Department. The specific disciplinary
6action and the name of the applicant or licensee shall be
7listed.
8    (b) No later than May 1 of each year, the Department must
9prepare, publicly announce, and publish a report of summary
10statistical information relating to new license,
11certification, or registration applications during the
12preceding calendar year. Each report shall show at minimum:
13        (1) the number of applicants for each new license,
14    certificate, or registration administered by the
15    Department in the previous calendar year;
16        (2) the number of applicants for a new license,
17    certificate, or registration within the previous calendar
18    year who had any criminal conviction;
19        (3) the number of applicants for a new license,
20    certificate, or registration in the previous calendar year
21    who were granted a license, registration, or certificate;
22        (4) the number of applicants for a new license,
23    certificate, or registration within the previous calendar
24    year with a criminal conviction who were granted a
25    license, certificate, or registration in the previous
26    calendar year;

 

 

HB0014- 6 -LRB102 02640 SPS 12643 b

1        (5) the number of applicants for a new license,
2    certificate, or registration in the previous calendar year
3    who were denied a license, registration, or certificate;
4        (6) the number of applicants for new license,
5    certificate, or registration in the previous calendar year
6    with a criminal conviction who were denied a license,
7    certificate, or registration in part or in whole because
8    of such conviction, including the types of criminal
9    convictions;
10        (7) the number of licenses issued on probation within
11    the previous calendar year to applicants with a criminal
12    conviction; and
13        (8) the number of licensees or certificate holders who
14    were granted expungement for a record of discipline based
15    on a conviction predating licensure, certification, or
16    registration or a criminal charge, arrest, or conviction
17    that was dismissed, sealed, or expunged or did not arise
18    from the regulated activity, as a share of the total such
19    expungement requests.
20(Source: P.A. 99-227, eff. 8-3-15; 100-286, eff. 1-1-18.)