103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB0989

 

Introduced 1/12/2023, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/5-45.35 new
10 ILCS 5/1-22 new
10 ILCS 5/1-23 new
10 ILCS 5/3-5  from Ch. 46, par. 3-5
10 ILCS 5/19-2.5
10 ILCS 5/19A-20
730 ILCS 5/3-14-1  from Ch. 38, par. 1003-14-1
730 ILCS 5/5-5-5  from Ch. 38, par. 1005-5-5

    Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution or jail shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. In provisions concerning temporary branch polling places at county jails, provides that a voter entitled to vote in another county, other than the county in which the jail is located, shall be allowed to vote only by mail. Provides that a correctional institution shall make available to a person in its custody current election resource material from the State Board of Elections and current election resource material that is requested by a person in custody and received at the correctional institution from a local election authority in response to the request. Creates the Post-Conviction Task Force to strengthen and improve provisions that restore the right to vote to a person convicted of a felony or otherwise under sentence in a correctional institution or jail. Makes other changes. Amends the Unified Code of Corrections to make conforming changes. Effective June 1, 2023.


LRB103 03473 AWJ 48479 b

 

 

A BILL FOR

 

HB0989LRB103 03473 AWJ 48479 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.35 as follows:
 
6    (5 ILCS 100/5-45.35 new)
7    Sec. 5-45.35. Emergency rulemaking. To provide for the
8expeditious and timely implementation of the changes made to
9the Election Code and the Unified Code of Corrections by this
10amendatory Act of the 102nd General Assembly, emergency rules
11implementing those changes may be adopted in accordance with
12Section 5-45 by the State Board of Elections, except that the
1324-month limitation on the adoption of emergency rules and the
14provisions of Sections 5-115 and 5-125 do not apply to rules
15adopted under this Section. The adoption of emergency rules
16authorized by Section 5-45 and this Section is deemed to be
17necessary for the public interest, safety, and welfare.
18    This Section is repealed one year after the effective date
19of this amendatory Act of the 103rd General Assembly.
 
20    Section 10. The Election Code is amended by changing
21Sections 3-5, 19-2.5, and 19A-20 and by adding Sections 1-22
22and 1-23 as follows:
 

 

 

HB0989- 2 -LRB103 03473 AWJ 48479 b

1    (10 ILCS 5/1-22 new)
2    Sec. 1-22. Post-conviction voting.
3    (a) As used in this Section, "correctional institution"
4means any place used to house persons under state supervision
5or custody, including, but not limited to, state, federal, or
6juvenile facilities, adult transition centers, halfway houses,
7and other reentry or rehabilitation programs.
8    (b) A person convicted of a felony, or otherwise under
9sentence in a correctional institution or jail, shall have his
10or her right to vote restored and shall be eligible to vote not
11later than 14 days following his or her conviction. Persons
12under any form of state supervision or custody who are
13disqualified from voting shall have their right to vote
14restored under this Section, including, but not limited to:
15persons incarcerated in State, federal, or juvenile
16facilities; persons on probation or parole; persons on
17mandatory supervised release; persons on work release; persons
18on furlough; persons released on electronic monitoring;
19persons housed in adult transition centers, halfway houses, or
20other reentry or rehabilitation programs; and persons owing
21court fines or fees. Persons may not be denied the right to
22vote because of a past criminal conviction.
23    (c) Each local election authority shall coordinate with
24the correctional institution, Illinois Department of
25Corrections, and other correctional agencies incarcerating

 

 

HB0989- 3 -LRB103 03473 AWJ 48479 b

1eligible voters to facilitate voting by mail for those voters
2eligible to vote in that election jurisdiction who are
3incarcerated in the correctional institution.
4    (d) All requirements of the federal Voting Rights Act of
51965, including Sections 203 and 208, State and local language
6access requirements, and the federal Americans with
7Disabilities Act and State and local disability access
8requirements shall also apply to voting under this Section.
9The correctional institution shall make available to persons
10in its custody voter registration applications, vote by mail
11ballot applications, vote by mail ballots received at the
12institution from the local election authority, and other
13election materials in the languages provided by the State
14Board of Elections and local election authorities.
15    (e) The correctional institution shall make available to a
16person in its custody current election resource material,
17maintained by the State Board of Elections, containing
18detailed information regarding the voting rights of a person
19with a criminal conviction in the following formats: (1) in
20print; (2) on the correctional institution's website; and (3)
21in a visible location on the premises of each correctional
22institution where notices are customarily posted. The
23correctional institution shall also make available to a person
24in its custody current election resource material from a local
25election authority that is requested by that person in its
26custody and received at the correctional institution from the

 

 

HB0989- 4 -LRB103 03473 AWJ 48479 b

1local election authority in response to that person's request.
2The correctional institution shall provide resource materials
3to a person in its custody upon intake and release of the
4person on parole, mandatory supervised release, final
5discharge, or pardon from the correctional institution.
6    (f) By December 31, 2023 and by December 31 of each year
7thereafter, the State Board of Elections, in coordination and
8cooperation with correctional institutions and local election
9authorities, shall prepare a report containing data concerning
10compliance with this Section, including the number of voter
11registrations, vote by mail ballot applications, vote by mail
12ballots completed, and voter education packets delivered.
13    (g) A person who has left the person's residence as part of
14the person's confinement in a correctional institution and who
15has not established another residence for voter registration
16purposes may not be considered to have changed or lost
17residence. The person may register to vote at the address of
18the person's last place of residence before the person's
19confinement in a correctional institution.
20    (h) The provisions of this Section shall apply to all
21elections beginning with the general election in 2024.
22    (i) The State Board of Elections may adopt rules,
23including emergency rules, to implement the provisions of this
24Section.
 
25    (10 ILCS 5/1-23 new)

 

 

HB0989- 5 -LRB103 03473 AWJ 48479 b

1    Sec. 1-23. Post-Conviction Task Force.
2    (a) The Post-Conviction Task Force is created to
3strengthen and improve implementation of the provisions of
4Section 1-22 that restore the right to vote to a person
5convicted of a felony, or otherwise under sentence in a
6correctional institution or jail, and to provide voting access
7while under sentence in a correctional institution or jail.
8    (b) The members of the Task Force shall be as follows:
9        (1) the Chair of the State Board of Elections, or the
10    Chair's designee, who shall serve as Chair of the Task
11    Force;
12        (2) the Director of Corrections, or the Director's
13    designee;
14        (3) the Secretary of State, or the Secretary of
15    State's designee;
16        (4) a representative from a statewide organization
17    that represents county clerks, appointed by the chair of
18    the State Board of Elections;
19        (5) a representative from 2 separate Illinois
20    organizations advocating against voter
21    disenfranchisement, with one representative appointed by
22    the President of the Senate and one representative
23    appointed by the Speaker of the House of Representatives;
24    and
25        (6) 4 members from the General Assembly, with one
26    member appointed by the President of the Senate, one

 

 

HB0989- 6 -LRB103 03473 AWJ 48479 b

1    member appointed by the Senate Minority Leader, one member
2    appointed by the Speaker of the House of Representatives,
3    and one member appointed by the House Minority Leader.
4    (c) The State Board of Elections shall provide
5administrative and other support to the Task Force.
6    (d) On or before July 1, 2023, the Task Force members shall
7be appointed. On or before September 1, 2023, the Task Force
8shall prepare a status report that summarizes its work and
9makes recommendations on the implementation of provisions
10restoring voting rights to a person convicted of a felony or
11otherwise under sentence in a correctional institution or jail
12and providing access to vote while under sentence in a
13correctional institution or jail. On or before January 1,
142024, the Task Force shall prepare a comprehensive report that
15summarizes its work and the implementation and administration
16of the 2024 general election. The report shall include
17recommendations for strengthening and improving implementation
18of restoring voting rights to a person convicted of a felony or
19otherwise under sentence in a correctional institution or jail
20and providing access to vote while under sentence in a
21correctional institution.
22    (e) The Task Force is dissolved and this Section is
23repealed on January 1, 2026.
 
24    (10 ILCS 5/3-5)  (from Ch. 46, par. 3-5)
25    Sec. 3-5. Confinement or detention in a jail. No person

 

 

HB0989- 7 -LRB103 03473 AWJ 48479 b

1who has been legally convicted, in this or another state or in
2any federal court, of any crime, and is serving a sentence of
3confinement in any penal institution, or who has been
4convicted under any Section of this Code and is serving a
5sentence of confinement in any penal institution, shall vote,
6offer to vote, attempt to vote or be permitted to vote at any
7election until his release from confinement.
8    Confinement for purposes of this Section shall include any
9person convicted and imprisoned but granted a furlough as
10provided by Section 3-11-1 of the Unified Code of Corrections,
11or admitted to a work release program as provided by Section
123-13-2 of the Unified Code of Corrections. Confinement shall
13not include any person convicted and imprisoned but released
14on parole.
15    Confinement or detention in a jail pending acquittal or
16conviction of a crime is not a disqualification for voting.
17(Source: P.A. 100-863, eff. 8-14-18.)
 
18    (10 ILCS 5/19-2.5)
19    Sec. 19-2.5. Notice for vote by mail ballot.
20    (a) An election authority shall notify all qualified
21voters, not more than 90 days nor less than 45 days before a
22general or consolidated election, of the option for permanent
23vote by mail status using the following notice and including
24the application for permanent vote by mail status in
25subsection (b) of Section 19-3:

 

 

HB0989- 8 -LRB103 03473 AWJ 48479 b

1    "You may apply to permanently be placed on vote by mail
2status using the attached application.".
3    (b) A person completing a voter registration application
4or submitting a change of address shall be notified of the
5option to receive a vote by mail ballot. Upon request of the
6person, the voter registration application or change of
7address form shall serve as an application to receive an
8official vote by mail ballot, and the individual need not
9complete a separate vote by mail application. An elector who
10is a resident of a location covered by Section 203 of the
11federal Voting Rights Act of 1965 or local language access
12requirements must be offered a voter registration application
13in a language of the applicable minority group and must be able
14to request a vote by mail ballot in the language of the
15applicable minority group. Upon processing the voter
16registration application and accepting the application without
17rejection, the election authority shall provide the individual
18with an official vote by mail ballot for the next occurring
19election.
20(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.)
 
21    (10 ILCS 5/19A-20)
22    Sec. 19A-20. Temporary branch polling places.
23    (a) In addition to permanent polling places for early
24voting, the election authority may establish temporary branch
25polling places for early voting.

 

 

HB0989- 9 -LRB103 03473 AWJ 48479 b

1    (b) The provisions of subsection (b) of Section 19A-15 do
2not apply to a temporary polling place. Voting at a temporary
3branch polling place may be conducted on any one or more days
4and during any hours within the period for early voting by
5personal appearance that are determined by the election
6authority.
7    (c) The schedules for conducting voting do not need to be
8uniform among the temporary branch polling places.
9    (d) The legal rights and remedies which inure to the owner
10or lessor of private property are not impaired or otherwise
11affected by the leasing of the property for use as a temporary
12branch polling place for early voting, except to the extent
13necessary to conduct early voting at that location.
14    (e) In a county with a population of:
15         (1) 3,000,000 or more, the election authority in the
16    county shall establish a temporary branch polling place
17    under this Section in the county jail. Only a resident of a
18    county who is in custody at the county jail and who has not
19    been convicted of the offense for which the resident is in
20    custody is eligible to vote at a temporary branch polling
21    place established under this paragraph (1). The temporary
22    branch polling place established under this paragraph (1)
23    shall allow a voter to vote in the same elections that the
24    voter would be entitled to vote in where the voter
25    resides, except that a voter entitled to vote in another
26    county, other than the county in which the jail is

 

 

HB0989- 10 -LRB103 03473 AWJ 48479 b

1    located, shall be allowed to vote only by mail. To the
2    maximum extent feasible, voting booths or screens shall be
3    provided to ensure the privacy of the voter.
4        (2) less than 3,000,000, the sheriff may establish a
5    temporary branch polling place at the county jail. Only a
6    resident of a county who is in custody at the county jail
7    and who has not been convicted of the offense for which the
8    resident is in custody is eligible to vote at a temporary
9    branch polling place established under this paragraph (2).
10    A temporary branch polling place established under this
11    paragraph (2) shall allow a voter to vote in the same
12    elections that the voter would be entitled to vote in
13    where the voter resides, except that a voter entitled to
14    vote in another county, other than the county in which the
15    jail is located, shall be allowed to vote only by mail. To
16    the maximum extent feasible, voting booths or screens
17    shall be provided to ensure the privacy of the voter.
18    All provisions of this Code applicable to pollwatchers
19shall apply to a temporary branch polling place under this
20subsection (e), subject to approval from the election
21authority and the county jail, except that nonpartisan
22pollwatchers shall be limited to one per division within the
23jail instead of one per precinct. A county that establishes a
24temporary branch polling place inside a county jail in
25accordance with this subsection (e) shall adhere to all
26requirements of this subsection (e). All requirements of the

 

 

HB0989- 11 -LRB103 03473 AWJ 48479 b

1federal Voting Rights Act of 1965 and Sections 203 and 208 of
2the federal Americans with Disabilities Act shall apply to
3this subsection (e).
4(Source: P.A. 101-442, eff. 1-1-20; 102-15, eff. 6-17-21.)
 
5    Section 15. The Unified Code of Corrections is amended by
6changing Sections 3-14-1 and 5-5-5 as follows:
 
7    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
8    Sec. 3-14-1. Release from the institution.
9    (a) Upon release of a person on parole, mandatory release,
10final discharge, or pardon, the Department shall return all
11property held for him, provide him with suitable clothing and
12procure necessary transportation for him to his designated
13place of residence and employment. It may provide such person
14with a grant of money for travel and expenses which may be paid
15in installments. The amount of the money grant shall be
16determined by the Department.
17    (a-1) The Department shall, before a wrongfully imprisoned
18person, as defined in Section 3-1-2 of this Code, is
19discharged from the Department, provide him or her with any
20documents necessary after discharge.
21    (a-2) The Department of Corrections may establish and
22maintain, in any institution it administers, revolving funds
23to be known as "Travel and Allowances Revolving Funds". These
24revolving funds shall be used for advancing travel and expense

 

 

HB0989- 12 -LRB103 03473 AWJ 48479 b

1allowances to committed, paroled, and discharged prisoners.
2The moneys paid into such revolving funds shall be from
3appropriations to the Department for Committed, Paroled, and
4Discharged Prisoners.
5    (a-3) (Blank). Upon release of a person who is eligible to
6vote on parole, mandatory release, final discharge, or pardon,
7the Department shall provide the person with a form that
8informs him or her that his or her voting rights have been
9restored and a voter registration application. The Department
10shall have available voter registration applications in the
11languages provided by the Illinois State Board of Elections.
12The form that informs the person that his or her rights have
13been restored shall include the following information:
14        (1) All voting rights are restored upon release from
15    the Department's custody.
16        (2) A person who is eligible to vote must register in
17    order to be able to vote.
18    The Department of Corrections shall confirm that the
19person received the voter registration application and has
20been informed that his or her voting rights have been
21restored.
22    (a-4) Prior to release of a person on parole, mandatory
23supervised release, final discharge, or pardon, the Department
24shall screen every person for Medicaid eligibility. Officials
25of the correctional institution or facility where the
26committed person is assigned shall assist an eligible person

 

 

HB0989- 13 -LRB103 03473 AWJ 48479 b

1to complete a Medicaid application to ensure that the person
2begins receiving benefits as soon as possible after his or her
3release. The application must include the eligible person's
4address associated with his or her residence upon release from
5the facility. If the residence is temporary, the eligible
6person must notify the Department of Human Services of his or
7her change in address upon transition to permanent housing.
8    (b) (Blank).
9    (c) Except as otherwise provided in this Code, the
10Department shall establish procedures to provide written
11notification of any release of any person who has been
12convicted of a felony to the State's Attorney and sheriff of
13the county from which the offender was committed, and the
14State's Attorney and sheriff of the county into which the
15offender is to be paroled or released. Except as otherwise
16provided in this Code, the Department shall establish
17procedures to provide written notification to the proper law
18enforcement agency for any municipality of any release of any
19person who has been convicted of a felony if the arrest of the
20offender or the commission of the offense took place in the
21municipality, if the offender is to be paroled or released
22into the municipality, or if the offender resided in the
23municipality at the time of the commission of the offense. If a
24person convicted of a felony who is in the custody of the
25Department of Corrections or on parole or mandatory supervised
26release informs the Department that he or she has resided,

 

 

HB0989- 14 -LRB103 03473 AWJ 48479 b

1resides, or will reside at an address that is a housing
2facility owned, managed, operated, or leased by a public
3housing agency, the Department must send written notification
4of that information to the public housing agency that owns,
5manages, operates, or leases the housing facility. The written
6notification shall, when possible, be given at least 14 days
7before release of the person from custody, or as soon
8thereafter as possible. The written notification shall be
9provided electronically if the State's Attorney, sheriff,
10proper law enforcement agency, or public housing agency has
11provided the Department with an accurate and up to date email
12address.
13    (c-1) (Blank).
14    (c-2) The Department shall establish procedures to provide
15notice to the Illinois State Police of the release or
16discharge of persons convicted of violations of the
17Methamphetamine Control and Community Protection Act or a
18violation of the Methamphetamine Precursor Control Act. The
19Illinois State Police shall make this information available to
20local, State, or federal law enforcement agencies upon
21request.
22    (c-5) If a person on parole or mandatory supervised
23release becomes a resident of a facility licensed or regulated
24by the Department of Public Health, the Illinois Department of
25Public Aid, or the Illinois Department of Human Services, the
26Department of Corrections shall provide copies of the

 

 

HB0989- 15 -LRB103 03473 AWJ 48479 b

1following information to the appropriate licensing or
2regulating Department and the licensed or regulated facility
3where the person becomes a resident:
4        (1) The mittimus and any pre-sentence investigation
5    reports.
6        (2) The social evaluation prepared pursuant to Section
7    3-8-2.
8        (3) Any pre-release evaluation conducted pursuant to
9    subsection (j) of Section 3-6-2.
10        (4) Reports of disciplinary infractions and
11    dispositions.
12        (5) Any parole plan, including orders issued by the
13    Prisoner Review Board, and any violation reports and
14    dispositions.
15        (6) The name and contact information for the assigned
16    parole agent and parole supervisor.
17    This information shall be provided within 3 days of the
18person becoming a resident of the facility.
19    (c-10) If a person on parole or mandatory supervised
20release becomes a resident of a facility licensed or regulated
21by the Department of Public Health, the Illinois Department of
22Public Aid, or the Illinois Department of Human Services, the
23Department of Corrections shall provide written notification
24of such residence to the following:
25        (1) The Prisoner Review Board.
26        (2) The chief of police and sheriff in the

 

 

HB0989- 16 -LRB103 03473 AWJ 48479 b

1    municipality and county in which the licensed facility is
2    located.
3    The notification shall be provided within 3 days of the
4person becoming a resident of the facility.
5    (d) Upon the release of a committed person on parole,
6mandatory supervised release, final discharge, or pardon, the
7Department shall provide such person with information
8concerning programs and services of the Illinois Department of
9Public Health to ascertain whether such person has been
10exposed to the human immunodeficiency virus (HIV) or any
11identified causative agent of Acquired Immunodeficiency
12Syndrome (AIDS).
13    (e) Upon the release of a committed person on parole,
14mandatory supervised release, final discharge, pardon, or who
15has been wrongfully imprisoned, the Department shall verify
16the released person's full name, date of birth, and social
17security number. If verification is made by the Department by
18obtaining a certified copy of the released person's birth
19certificate and the released person's social security card or
20other documents authorized by the Secretary, the Department
21shall provide the birth certificate and social security card
22or other documents authorized by the Secretary to the released
23person. If verification by the Department is done by means
24other than obtaining a certified copy of the released person's
25birth certificate and the released person's social security
26card or other documents authorized by the Secretary, the

 

 

HB0989- 17 -LRB103 03473 AWJ 48479 b

1Department shall complete a verification form, prescribed by
2the Secretary of State, and shall provide that verification
3form to the released person.
4    (f) Forty-five days prior to the scheduled discharge of a
5person committed to the custody of the Department of
6Corrections, the Department shall give the person:
7        (1) who is otherwise uninsured an opportunity to apply
8    for health care coverage including medical assistance
9    under Article V of the Illinois Public Aid Code in
10    accordance with subsection (b) of Section 1-8.5 of the
11    Illinois Public Aid Code, and the Department of
12    Corrections shall provide assistance with completion of
13    the application for health care coverage including medical
14    assistance;
15        (2) information about obtaining a standard Illinois
16    Identification Card or a limited-term Illinois
17    Identification Card under Section 4 of the Illinois
18    Identification Card Act;
19        (3) information about voter registration and may
20    distribute information prepared by the State Board of
21    Elections. The Department of Corrections may enter into an
22    interagency contract with the State Board of Elections to
23    participate in the automatic voter registration program
24    and be a designated automatic voter registration agency
25    under Section 1A-16.2 of the Election Code;
26        (4) information about job listings upon discharge from

 

 

HB0989- 18 -LRB103 03473 AWJ 48479 b

1    the correctional institution or facility;
2        (5) information about available housing upon discharge
3    from the correctional institution or facility;
4        (6) a directory of elected State officials and of
5    officials elected in the county and municipality, if any,
6    in which the committed person intends to reside upon
7    discharge from the correctional institution or facility;
8    and
9        (7) any other information that the Department of
10    Corrections deems necessary to provide the committed
11    person in order for the committed person to reenter the
12    community and avoid recidivism.
13    The Department may adopt rules to implement this Section.
14(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
15102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff.
161-1-22; 102-813, eff. 5-13-22.)
 
17    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
18    Sec. 5-5-5. Loss and restoration of rights.
19    (a) Conviction and disposition shall not entail the loss
20by the defendant of any civil rights, except under this
21Section and Sections 29-6 and 29-10 of The Election Code, as
22now or hereafter amended.
23    (b) A person convicted of a felony shall be ineligible to
24hold an office created by the Constitution of this State until
25the completion of his sentence.

 

 

HB0989- 19 -LRB103 03473 AWJ 48479 b

1    (c) A person convicted of a felony or otherwise under
2sentence in a correctional institution or jail shall have his
3or her right to vote restored not later than 14 days following
4his or her conviction sentenced to imprisonment shall lose his
5right to vote until released from imprisonment.
6    (d) On completion of sentence of imprisonment or upon
7discharge from probation, conditional discharge or periodic
8imprisonment, or at any time thereafter, all license rights
9and privileges granted under the authority of this State which
10have been revoked or suspended because of conviction of an
11offense shall be restored unless the authority having
12jurisdiction of such license rights finds after investigation
13and hearing that restoration is not in the public interest.
14This paragraph (d) shall not apply to the suspension or
15revocation of a license to operate a motor vehicle under the
16Illinois Vehicle Code.
17    (e) Upon a person's discharge from incarceration or
18parole, or upon a person's discharge from probation or at any
19time thereafter, the committing court may enter an order
20certifying that the sentence has been satisfactorily completed
21when the court believes it would assist in the rehabilitation
22of the person and be consistent with the public welfare. Such
23order may be entered upon the motion of the defendant or the
24State or upon the court's own motion.
25    (f) Upon entry of the order, the court shall issue to the
26person in whose favor the order has been entered a certificate

 

 

HB0989- 20 -LRB103 03473 AWJ 48479 b

1stating that his behavior after conviction has warranted the
2issuance of the order.
3    (g) This Section shall not affect the right of a defendant
4to collaterally attack his conviction or to rely on it in bar
5of subsequent proceedings for the same offense.
6    (h) No application for any license specified in subsection
7(i) of this Section granted under the authority of this State
8shall be denied by reason of an eligible offender who has
9obtained a certificate of relief from disabilities, as defined
10in Article 5.5 of this Chapter, having been previously
11convicted of one or more criminal offenses, or by reason of a
12finding of lack of "good moral character" when the finding is
13based upon the fact that the applicant has previously been
14convicted of one or more criminal offenses, unless:
15        (1) there is a direct relationship between one or more
16    of the previous criminal offenses and the specific license
17    sought; or
18        (2) the issuance of the license would involve an
19    unreasonable risk to property or to the safety or welfare
20    of specific individuals or the general public.
21    In making such a determination, the licensing agency shall
22consider the following factors:
23        (1) the public policy of this State, as expressed in
24    Article 5.5 of this Chapter, to encourage the licensure
25    and employment of persons previously convicted of one or
26    more criminal offenses;

 

 

HB0989- 21 -LRB103 03473 AWJ 48479 b

1        (2) the specific duties and responsibilities
2    necessarily related to the license being sought;
3        (3) the bearing, if any, the criminal offenses or
4    offenses for which the person was previously convicted
5    will have on his or her fitness or ability to perform one
6    or more such duties and responsibilities;
7        (4) the time which has elapsed since the occurrence of
8    the criminal offense or offenses;
9        (5) the age of the person at the time of occurrence of
10    the criminal offense or offenses;
11        (6) the seriousness of the offense or offenses;
12        (7) any information produced by the person or produced
13    on his or her behalf in regard to his or her rehabilitation
14    and good conduct, including a certificate of relief from
15    disabilities issued to the applicant, which certificate
16    shall create a presumption of rehabilitation in regard to
17    the offense or offenses specified in the certificate; and
18        (8) the legitimate interest of the licensing agency in
19    protecting property, and the safety and welfare of
20    specific individuals or the general public.
21    (i) A certificate of relief from disabilities shall be
22issued only for a license or certification issued under the
23following Acts:
24        (1) the Animal Welfare Act; except that a certificate
25    of relief from disabilities may not be granted to provide
26    for the issuance or restoration of a license under the

 

 

HB0989- 22 -LRB103 03473 AWJ 48479 b

1    Animal Welfare Act for any person convicted of violating
2    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
3    Care for Animals Act or Section 26-5 or 48-1 of the
4    Criminal Code of 1961 or the Criminal Code of 2012;
5        (2) the Illinois Athletic Trainers Practice Act;
6        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
7    and Nail Technology Act of 1985;
8        (4) the Boiler and Pressure Vessel Repairer Regulation
9    Act;
10        (5) the Boxing and Full-contact Martial Arts Act;
11        (6) the Illinois Certified Shorthand Reporters Act of
12    1984;
13        (7) the Illinois Farm Labor Contractor Certification
14    Act;
15        (8) the Registered Interior Designers Act;
16        (9) the Illinois Professional Land Surveyor Act of
17    1989;
18        (10) the Landscape Architecture Registration Act;
19        (11) the Marriage and Family Therapy Licensing Act;
20        (12) the Private Employment Agency Act;
21        (13) the Professional Counselor and Clinical
22    Professional Counselor Licensing and Practice Act;
23        (14) the Real Estate License Act of 2000;
24        (15) the Illinois Roofing Industry Licensing Act;
25        (16) the Professional Engineering Practice Act of
26    1989;

 

 

HB0989- 23 -LRB103 03473 AWJ 48479 b

1        (17) the Water Well and Pump Installation Contractor's
2    License Act;
3        (18) the Electrologist Licensing Act;
4        (19) the Auction License Act;
5        (20) the Illinois Architecture Practice Act of 1989;
6        (21) the Dietitian Nutritionist Practice Act;
7        (22) the Environmental Health Practitioner Licensing
8    Act;
9        (23) the Funeral Directors and Embalmers Licensing
10    Code;
11        (24) (blank);
12        (25) the Professional Geologist Licensing Act;
13        (26) the Illinois Public Accounting Act; and
14        (27) the Structural Engineering Practice Act of 1989.
15(Source: P.A. 102-284, eff. 8-6-21.)
 
16    Section 99. Effective date. This Act takes effect June 1,
172023.