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Rep. Curtis J. Tarver, II
Filed: 3/18/2021
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1 | | AMENDMENT TO HOUSE BILL 14
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2 | | AMENDMENT NO. ______. Amend House Bill 14 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Department of Professional Regulation Law |
5 | | of the
Civil Administrative Code of Illinois is amended by |
6 | | changing Sections 2105-131 and 2105-205 as follows: |
7 | | (20 ILCS 2105/2105-131) |
8 | | Sec. 2105-131. Applicants with criminal convictions; |
9 | | notice of denial. |
10 | | (a) For the purposes of this Section, "mitigating factors" |
11 | | means any information, evidence, conduct, or circumstances |
12 | | before, during, or after the offense or offenses reviewed by |
13 | | the Department that may reflect on an applicant's request for |
14 | | licensure, registration, or certification through the |
15 | | Department, such as 3 years having passed since release from |
16 | | confinement. Mitigating factors are not a bar to licensure, |
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1 | | instead they provide guidance for the Department when |
2 | | considering licensure, registration, or certification for an |
3 | | applicant with criminal history. |
4 | | Except as provided in Section 2105-165 of this Act |
5 | | regarding licensing restrictions based on enumerated offenses |
6 | | for health care workers as defined in the Health Care Worker |
7 | | Self-Referral Act and except as provided in any licensing Act |
8 | | administered by the Department in which convictions of certain |
9 | | enumerated offenses are a bar to licensure, the Department, |
10 | | upon a finding that an applicant for a license, certificate, |
11 | | or registration was previously convicted of a felony or |
12 | | misdemeanor that may be grounds for refusing to issue a |
13 | | license or certificate or to grant a registration, shall |
14 | | consider any mitigating factors and evidence of rehabilitation |
15 | | contained in the applicant's record, including the |
16 | | circumstances surrounding the offense or offenses and any of |
17 | | the following, to determine whether a prior conviction will |
18 | | impair the ability of the applicant to engage in the practice |
19 | | for which a license, certificate, or registration is sought: |
20 | | (1) the lack of direct relation of the offense for |
21 | | which the applicant was previously convicted to the |
22 | | duties, functions, and responsibilities of the position |
23 | | for which a license is sought; |
24 | | (2) any mitigating factors from the point of arrest or |
25 | | indictment when determined to be appropriate, unless |
26 | | otherwise specified and including, but not limited to, |
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1 | | whether 5 years since a felony conviction or 3 years since |
2 | | release from confinement for the conviction, whichever is |
3 | | later, have passed without a subsequent conviction; |
4 | | (3) if the applicant was previously licensed or |
5 | | employed in this State or other states or jurisdictions, |
6 | | the lack of prior misconduct arising from or related to |
7 | | the licensed position or position of employment; |
8 | | (4) the age of the person at the time of the criminal |
9 | | offense; |
10 | | (4.5) if, due to the applicant's criminal conviction |
11 | | history, the applicant would be explicitly prohibited by |
12 | | federal rules or regulations from working in the position |
13 | | for which a license is sought; |
14 | | (5) successful completion of sentence and, for |
15 | | applicants serving a term of parole or probation, a |
16 | | progress report provided by the applicant's probation or |
17 | | parole officer that documents the applicant's compliance |
18 | | with conditions of supervision; |
19 | | (6) evidence of the applicant's present fitness and |
20 | | professional character; |
21 | | (7) evidence of rehabilitation or rehabilitative |
22 | | effort during or after incarceration, or during or after a |
23 | | term of supervision, including, but not limited to, a |
24 | | certificate of good conduct under Section 5-5.5-25 of the |
25 | | Unified Code of Corrections or certificate of relief from |
26 | | disabilities under Section 5-5.5-10 of the Unified Code of |
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1 | | Corrections; and |
2 | | (8) any other mitigating factors that contribute to |
3 | | the person's potential and current ability to perform the |
4 | | job duties. |
5 | | (b) If the Department refuses to issue a license or |
6 | | certificate or grant registration to an applicant based upon a |
7 | | conviction or convictions, in whole or in part, the Department |
8 | | shall notify the applicant of the denial in writing with the |
9 | | following included in the notice of denial: |
10 | | (1) a statement about the decision to refuse to grant |
11 | | a license, certificate, or registration , including an |
12 | | explanation of how the conviction directly relates to and |
13 | | would prevent the person from effectively engaging in the |
14 | | position for which a license, registration, or certificate |
15 | | is sought ; |
16 | | (2) a list of convictions that the Department |
17 | | determined will impair the applicant's ability to engage |
18 | | in the position for which a license, registration, or |
19 | | certificate is sought; |
20 | | (3) a list of convictions that formed the sole or |
21 | | partial basis for the refusal to issue a license or |
22 | | certificate or grant registration; and |
23 | | (4) a summary of the appeal process or the earliest |
24 | | the applicant may reapply for a license, certificate, or |
25 | | registration, whichever is applicable.
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26 | | (c) The Department shall post on its website a list of all |
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1 | | State licensing restrictions that would prohibit an applicant |
2 | | from working in a position for which a license is sought. |
3 | | (Source: P.A. 100-286, eff. 1-1-18; 101-388, eff. 1-1-20 .)
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4 | | (20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
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5 | | Sec. 2105-205. Publication of disciplinary actions; annual |
6 | | report. |
7 | | (a) The
Department shall publish on its website, at least |
8 | | monthly, final disciplinary actions taken by
the Department |
9 | | against a licensee or applicant pursuant to any licensing Act |
10 | | administered by the Department. The specific disciplinary |
11 | | action and the name of the applicant or
licensee shall be |
12 | | listed.
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13 | | (b) No later than May 1 of each year, the Department must |
14 | | prepare, publicly announce, and publish a report of summary |
15 | | statistical information relating to new license, |
16 | | certification, or registration applications during the |
17 | | preceding calendar year. Each report shall show at minimum: |
18 | | (1) the number of applicants for each new license, |
19 | | certificate, or registration administered by the |
20 | | Department in the previous calendar year; |
21 | | (2) the number of applicants for a new license, |
22 | | certificate, or registration within the previous calendar |
23 | | year who had any criminal conviction; |
24 | | (3) the number of applicants for a new license, |
25 | | certificate, or registration in the previous calendar year |
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1 | | who were granted a license, registration, or certificate; |
2 | | (4) the number of applicants for a new license, |
3 | | certificate, or registration within the previous calendar |
4 | | year with a criminal conviction who were granted a |
5 | | license, certificate, or registration in the previous |
6 | | calendar year; |
7 | | (5) the number of applicants for a new license, |
8 | | certificate, or registration in the previous calendar year |
9 | | who were denied a license, registration, or certificate; |
10 | | (6) the number of applicants for new license, |
11 | | certificate, or registration in the previous calendar year |
12 | | with a criminal conviction who were denied a license, |
13 | | certificate, or registration in part or in whole because |
14 | | of such conviction , including the types of criminal |
15 | | convictions ; |
16 | | (7) the number of licenses issued on probation within |
17 | | the previous calendar year to applicants with a criminal |
18 | | conviction; and |
19 | | (8) the number of licensees or certificate holders who |
20 | | were granted expungement for a record of discipline based |
21 | | on a conviction predating licensure, certification, or |
22 | | registration or a criminal charge, arrest, or conviction |
23 | | that was dismissed, sealed, or expunged or did not arise |
24 | | from the regulated activity, as a share of the total such |
25 | | expungement requests. |
26 | | (Source: P.A. 99-227, eff. 8-3-15; 100-286, eff. 1-1-18 .)".
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