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| | HB3580 Enrolled | | LRB101 09739 SLF 54839 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Unified Code of Corrections is amended by |
| 5 | | changing Section 5-5.5-25 as follows:
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| 6 | | (730 ILCS 5/5-5.5-25)
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| 7 | | Sec. 5-5.5-25. Certificate of good conduct.
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| 8 | | (a) A certificate of good conduct may be granted as |
| 9 | | provided in this Section to relieve an eligible offender of any |
| 10 | | employment, occupational licensing, or housing bar. The |
| 11 | | certificate may be limited to one or more disabilities or bars |
| 12 | | or may relieve the individual of all disabilities and bars. |
| 13 | | Notwithstanding any other provision of law, a certificate |
| 14 | | of good conduct does not relieve an offender of any |
| 15 | | employment-related disability imposed by law by reason of his |
| 16 | | or her conviction of a crime that would prevent his or her |
| 17 | | employment by the Department of Corrections, Department of |
| 18 | | Juvenile Justice, or any other law enforcement agency in the |
| 19 | | State.
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| 20 | | (a-6)
A certificate of good conduct may be granted as |
| 21 | | provided in this
Section to an eligible offender as defined in |
| 22 | | Section 5-5.5-5 of this Code
who has demonstrated by clear and |
| 23 | | convincing evidence that he or she has been a law-abiding |
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| | HB3580 Enrolled | - 2 - | LRB101 09739 SLF 54839 b |
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| 1 | | citizen and is fully
rehabilitated.
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| 2 | | (b)(i) A certificate of good conduct may not, however, in |
| 3 | | any
way prevent any judicial proceeding, administrative, |
| 4 | | licensing, or other body,
board, or authority from considering |
| 5 | | the conviction specified
in the certificate.
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| 6 | | (ii) A certificate of good conduct shall not limit or |
| 7 | | prevent the
introduction of evidence of a prior conviction for |
| 8 | | purposes of impeachment of
a witness in a judicial or other |
| 9 | | proceeding where otherwise authorized by the
applicable rules |
| 10 | | of evidence.
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| 11 | | (iii) A certificate of good conduct does not limit any the |
| 12 | | employer, landlord, judicial proceeding, administrative, |
| 13 | | licensing, or other body, board, or authority from accessing |
| 14 | | criminal background information; nor does it hide, alter, or |
| 15 | | expunge the record. |
| 16 | | (c) An employer is not civilly or criminally liable for an |
| 17 | | act or omission by an employee who has been issued a |
| 18 | | certificate of good conduct, except for a willful or wanton act |
| 19 | | by the employer in hiring the employee who has been issued a |
| 20 | | certificate of good conduct. |
| 21 | | (d) The existence of a certificate of good conduct does not |
| 22 | | preclude a landlord or an administrative, licensing, or other |
| 23 | | body, board, or authority from retaining full discretion to |
| 24 | | grant or deny the application for housing or licensure. |
| 25 | | (Source: P.A. 96-852, eff. 1-1-10.)
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