093_SB0125sam002
LRB093 06586 RLC 12957 a
1 AMENDMENT TO SENATE BILL 125
2 AMENDMENT NO. . Amend Senate Bill 125 as follows:
3 on page 7, by replacing lines 7 and 8 with the following:
4 "(h) No application for any license or privileges
5 granted under the authority of this State shall be denied by
6 reason of an eligible offender, as defined in Article 5.5 of
7 this Chapter, having been previously convicted of one or more
8 criminal offenses, or by reason of a finding of lack of "good
9 moral character" when the finding is based upon the fact that
10 the applicant has previously been convicted of one or more
11 criminal offenses, unless:
12 (1) there is a direct relationship between one or
13 more of the previous criminal offenses and the specific
14 license sought; or
15 (2) the issuance of the license or the granting of
16 the employment would involve an unreasonable risk to
17 property or to the safety or welfare of specific
18 individuals or the general public.
19 In making such a determination, the licensing agency
20 shall consider the following factors:
21 (1) the public policy of this State, as expressed
22 in Article 5.5 of this Chapter, to encourage the
23 licensure and employment of persons previously convicted
-2- LRB093 06586 RLC 12957 a
1 of one or more criminal offenses;
2 (2) the specific duties and responsibilities
3 necessarily related to the license or employment being
4 sought;
5 (3) the bearing, if any, the criminal offenses or
6 offenses for which the person was previously convicted
7 will have on his or her fitness or ability to perform one
8 or more such duties and responsibilities;
9 (4) the time which has elapsed since the occurrence
10 of the criminal offense or offenses;
11 (5) the age of the person at the time of occurrence
12 of the criminal offense or offenses;
13 (6) the seriousness of the offense or offenses;
14 (7) any information produced by the person or
15 produced on his or her behalf in regard to his or her
16 rehabilitation and good conduct, included a certificate
17 of relief from disabilities issued to the applicant,
18 which certificate shall create a presumption of
19 rehabilitation in regard to the offense or offenses
20 specified in the certificate; and
21 (8) the legitimate interest of the licensing agency
22 in protecting property, and the safety and welfare of
23 specific individuals or the general public.
24 (i) A certificate of relief from disabilities shall be
25 issued only to restore a license or certification issued
26 under the following Acts:
27 (1) the Animal Welfare Act;
28 (2) the Illinois Athletic Trainers Practice Act;
29 (3) the Barber, Cosmetology, Esthetics, and Nail
30 Technology Act of 1985;
31 (4) the Boiler and Pressure Vessel Repairer
32 Regulation Act;
33 (5) the Professional Boxing Act;
34 (6) the Illinois Certified Shorthand Reporters Act
-3- LRB093 06586 RLC 12957 a
1 of 1984;
2 (7) the Illinois Farm Labor Contractor
3 Certification Act;
4 (8) the Interior Design Title Act;
5 (9) the Illinois Professional Land Surveyor Act of
6 1989;
7 (10) the Illinois Landscape Architecture Act of
8 1989;
9 (11) the Marriage and Family Therapy Licensing Act;
10 (12) the Private Employment Agency Act;
11 (13) the Professional Counselor and Clinical
12 Professional Counselor Licensing Act;
13 (14) the Real Estate License Act of 2000; and
14 (15) the Illinois Roofing Industry Licensing Act.";
15 and
16 on page 16, by inserting between lines 17 and 18 the
17 following:
18 "(730 ILCS 5/5-5.5-50 new)
19 Sec. 5-5.5-50. Report. The Department of Professional
20 Regulation shall report to the General Assembly by November
21 30 of each year, for each occupational licensure category,
22 the number of licensure applicants with felony convictions,
23 the number of applicants with certificates of relief from
24 disabilities, the number of licenses awarded to applicants
25 with felony convictions, the number of licenses awarded to
26 applicants with certificates of relief from disabilities, the
27 number of applicants with felony convictions denied licenses,
28 and the number of applicants with certificates of relief from
29 disabilities denied licenses.".