Full Text of HB5771 97th General Assembly
HB5771enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning certificates of good conduct and relief | 2 | | from disabilities.
| 3 | | Be it enacted by the People of the State of Illinois,
| 4 | | represented in the General Assembly:
| 5 | | Section 5. The Unified Code of Corrections is amended by | 6 | | changing Sections 5-5.5-5 and 5-5.5-30 as follows:
| 7 | | (730 ILCS 5/5-5.5-5)
| 8 | | Sec. 5-5.5-5. Definitions and rules of construction. In | 9 | | this Article:
| 10 | | "Eligible offender" means a person who has been
convicted | 11 | | of a crime in this State or of an offense in any other | 12 | | jurisdiction that does not include any offense or attempted | 13 | | offense that would subject a person to registration under the | 14 | | Sex Offender Registration Act, the Arsonist Registration Act, | 15 | | or the Murderer and Violent Offender Against Youth Registration | 16 | | Act , but who has not been convicted more than twice of a | 17 | | felony . "Eligible offender" does not include a person who has | 18 | | been convicted of committing or attempting to commit a Class X | 19 | | felony, aggravated driving under the influence of alcohol, | 20 | | other drug or drugs, or intoxicating compound or compounds, or | 21 | | any combination thereof, aggravated domestic battery, or a | 22 | | forcible felony.
| 23 | | "Felony" means a conviction of a felony in this State, or
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| 1 | | of an offense in any other jurisdiction for which a sentence to | 2 | | a
term of imprisonment in excess of one year, was authorized.
| 3 | | For the purposes of this Article the following rules of | 4 | | construction apply:
| 5 | | (i) two or more convictions of felonies charged in | 6 | | separate counts of one
indictment or information shall be | 7 | | deemed to be one conviction;
| 8 | | (ii) two or more convictions of felonies charged in 2 | 9 | | or more indictments
or informations, filed in the same | 10 | | court prior to entry of judgment under any
of them, shall | 11 | | be deemed to be one conviction; and
| 12 | | (iii) a plea or a verdict of guilty upon which a | 13 | | sentence
of probation, conditional discharge, or | 14 | | supervision
has been imposed shall be deemed to be a | 15 | | conviction.
| 16 | | "Forcible felony" means first degree murder, second degree | 17 | | murder, aggravated arson, arson, aggravated kidnapping, | 18 | | kidnapping, aggravated battery that resulted in great bodily | 19 | | harm or permanent disability, and any other felony which | 20 | | involved the use of physical force or violence against any | 21 | | individual that resulted in great bodily harm or permanent | 22 | | disability. | 23 | | (Source: P.A. 96-852, eff. 1-1-10; 97-154, eff. 1-1-12.)
| 24 | | (730 ILCS 5/5-5.5-30)
| 25 | | Sec. 5-5.5-30. Issuance of certificate of good conduct.
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| 1 | | (a) After a rehabilitation review has been held, in a | 2 | | manner designated by the chief judge of the judicial circuit in | 3 | | which the conviction was entered, the Circuit Court of that | 4 | | judicial circuit
shall have the power to issue a certificate of | 5 | | good
conduct to any eligible offender previously convicted of a | 6 | | crime in this State,
and shall make a specific finding of | 7 | | rehabilitation with the force and effect of a final judgment on | 8 | | the merits, when
the Court is satisfied that:
| 9 | | (1) the applicant has conducted himself or herself in a | 10 | | manner
warranting the issuance for a minimum period in | 11 | | accordance with the
provisions of subsection (c) of this | 12 | | Section;
| 13 | | (2) the relief to be granted by the certificate is | 14 | | consistent with the
rehabilitation of the applicant; and
| 15 | | (3) the relief to be granted is consistent with the | 16 | | public interest.
| 17 | | (b) The Circuit Court shall have the power to issue a | 18 | | certificate of good
conduct to any person previously convicted | 19 | | of a crime in any other
jurisdiction, when the Court is | 20 | | satisfied that: | 21 | | (1) the applicant has demonstrated that there exist | 22 | | specific facts and circumstances and specific sections of | 23 | | Illinois State law that have an adverse impact on the | 24 | | applicant and warrant the application for relief to be made | 25 | | in Illinois; and
| 26 | | (2) the provisions of paragraphs (1), (2), and (3) of |
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| 1 | | subsection (a) of
this Section have been met.
| 2 | | (c) The minimum period of good conduct by the individual | 3 | | referred to
in paragraph (1) of subsection (a) of this Section, | 4 | | shall be as follows:
if the most serious crime of which the | 5 | | individual was convicted is a
misdemeanor, the minimum period | 6 | | of good conduct shall be one year; if
the most serious crime of | 7 | | which the individual was convicted is a Class 1,
2, 3, or 4 | 8 | | felony, the minimum period of good conduct shall be 2 3 years.
| 9 | | Criminal acts committed outside the State
shall be classified | 10 | | as acts committed within the State based on the
maximum | 11 | | sentence that could have been imposed based upon the
conviction | 12 | | under the laws of the foreign jurisdiction. The minimum
period | 13 | | of good conduct by the individual shall be measured either from
| 14 | | the date of the payment of any fine imposed upon him or her, or | 15 | | from the
date of his or her release from custody by parole, | 16 | | mandatory supervised
release or commutation or termination of | 17 | | his or her sentence.
The Circuit Court shall have power and it | 18 | | shall be its duty to investigate all
persons when the | 19 | | application is made and to grant or deny the same
within a | 20 | | reasonable time after the making of the application.
| 21 | | (d) If the Circuit Court has issued a certificate of good
| 22 | | conduct, the Court may at any time issue a new certificate | 23 | | enlarging the
relief previously granted.
| 24 | | (e) Any certificate of good conduct issued by the Court to
| 25 | | an individual who at the time of the issuance of the | 26 | | certificate is under the
conditions of parole or mandatory |
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| 1 | | supervised release imposed by the
Prisoner Review Board shall | 2 | | be deemed to be a temporary certificate until the time as the
| 3 | | individual is discharged from the terms of parole or mandatory
| 4 | | supervised release, and, while temporary, the certificate may | 5 | | be
revoked by the Court for violation of the conditions of | 6 | | parole or
mandatory supervised release. Revocation shall be | 7 | | upon
notice to the parolee or releasee, who shall be accorded | 8 | | an opportunity to
explain the violation prior to a decision on | 9 | | the revocation. If the certificate
is not so revoked, it shall | 10 | | become a permanent certificate upon expiration
or termination | 11 | | of the offender's parole or mandatory supervised release term. | 12 | | (f) The Court shall, upon notice to a certificate holder, | 13 | | have the power to revoke a certificate of good conduct upon a | 14 | | subsequent conviction.
| 15 | | (Source: P.A. 96-852, eff. 1-1-10.)
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