Illinois General Assembly - Full Text of Public Act 101-0388
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Public Act 101-0388


Public Act 0388 101ST GENERAL ASSEMBLY



Public Act 101-0388
HB2670 EnrolledLRB101 09670 JRG 54769 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Department of Professional Regulation Law of
the Civil Administrative Code of Illinois is amended by
changing Section 2105-131 as follows:
    (20 ILCS 2105/2105-131)
    Sec. 2105-131. Applicants with criminal convictions;
notice of denial.
    (a) For the purposes of this Section, "mitigating factors"
means any information, evidence, conduct, or circumstances
before, during, or after the offense or offenses reviewed by
the Department that may reflect on an applicant's request for
licensure, registration, or certification through the
Department, such as 3 years having passed since release from
confinement. Mitigating factors are not a bar to licensure,
instead they provide guidance for the Department when
considering licensure, registration, or certification for an
applicant with criminal history.
    Except as provided in Section 2105-165 of this Act
regarding licensing restrictions based on enumerated offenses
for health care workers as defined in the Health Care Worker
Self-Referral Act and except as provided in any licensing Act
administered by the Department in which convictions of certain
enumerated offenses are a bar to licensure, the Department,
upon a finding that an applicant for a license, certificate, or
registration was previously convicted of a felony or
misdemeanor that may be grounds for refusing to issue a license
or certificate or to grant a granting registration, shall
consider any mitigating factors and evidence of rehabilitation
contained in the applicant's record, including the
circumstances surrounding the offense or offenses and any of
the following, to determine whether a prior conviction will
impair the ability of the applicant to engage in the practice
for which a license, certificate, or registration is sought:
        (1) the lack of direct relation of the offense for
    which the applicant was previously convicted to the duties,
    functions, and responsibilities of the position for which a
    license is sought;
        (2) any mitigating factors from the point of arrest or
    indictment when determined to be appropriate, unless
    otherwise specified and including, but not limited to,
    whether 5 years since a felony conviction or 3 years since
    release from confinement for the conviction, whichever is
    later, have passed without a subsequent conviction;
        (3) if the applicant was previously licensed or
    employed in this State or other states or jurisdictions,
    the lack of prior misconduct arising from or related to the
    licensed position or position of employment;
        (4) the age of the person at the time of the criminal
        (4.5) if, due to the applicant's criminal conviction
    history, the applicant would be explicitly prohibited by
    federal rules or regulations from working in the position
    for which a license is sought;
        (5) successful completion of sentence and, for
    applicants serving a term of parole or probation, a
    progress report provided by the applicant's probation or
    parole officer that documents the applicant's compliance
    with conditions of supervision;
        (6) evidence of the applicant's present fitness and
    professional character;
        (7) evidence of rehabilitation or rehabilitative
    effort during or after incarceration, or during or after a
    term of supervision, including, but not limited to, a
    certificate of good conduct under Section 5-5.5-25 of the
    Unified Code of Corrections or certificate of relief from
    disabilities under Section 5-5.5-10 of the Unified Code of
    Corrections; and
        (8) any other mitigating factors that contribute to the
    person's potential and current ability to perform the job
    (b) If the Department refuses to issue a license or
certificate or grant registration to an applicant based upon a
conviction or convictions, in whole or in part, the Department
shall notify the applicant of the denial in writing with the
following included in the notice of denial:
        (1) a statement about the decision to refuse to grant a
    license, certificate, or registration;
        (2) a list of convictions that the Department
    determined will impair the applicant's ability to engage in
    the position for which a license, registration, or
    certificate is sought;
        (3) a list of convictions that formed the sole or
    partial basis for the refusal to issue a license or
    certificate or grant registration; and
        (4) a summary of the appeal process or the earliest the
    applicant may reapply for a license, certificate, or
    registration, whichever is applicable.
(Source: P.A. 100-286, eff. 1-1-18.)

Effective Date: 1/1/2020