Bill Status of HB 5516   95th General Assembly

Short Description:  CD CORR-RESTORATION OF RIGHTS

House Sponsors
Rep. Constance A. Howard-Patricia Reid Lindner-Jim Sacia-Karen A. Yarbrough-Deborah L. Graham, David E. Miller, Elga L. Jefferies and Arthur L. Turner

Senate Sponsors
(Sen. Kwame Raoul and Martin A. Sandoval-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
730 ILCS 5/5-5.5-5
730 ILCS 5/5-5.5-15
730 ILCS 5/5-5.5-25
730 ILCS 5/5-5.5-30
730 ILCS 5/5-5.5-55 new

Synopsis As Introduced
Amends the Unified Code of Corrections relating to relief from disabilities automatically imposed by law. Provides that the court may grant relief from forfeitures. Defines "eligible offender" for the purposes of relief from disabilities and forfeitures as a person who has been convicted of a crime that does not include an offense or attempted offense that would subject the person to registration under the Sex Offender Registration Act, the Arsonist Registration Act, or the Child Murderer and Violent Offender Against Youth Registration Act (rather than an offense that is not a crime of violence, a Class X or a nonprobationable offense, or a violation of the Sex Offenses or Bodily Harm Articles of the Criminal Code of 1961, but who has not been convicted more than twice of a felony). Provides that "eligible offender" does not include a person who has been convicted of committing or attempting to commit first degree murder. Provides that a certificate of good conduct may be granted to relieve an eligible offender of any employment-related disability, or to remove any bar to his or her employment, automatically imposed by law by reason of his or her conviction of the crime or of the offense specified in the certificate. Provides that the certificate may be limited to one or more enumerated disabilities or bars or may relieve the individual of all disabilities and bars. Provides that notwithstanding any other provision of law, a conviction of a crime or of an offense specified in a certificate of good conduct may not be deemed to be a conviction within the meaning of any provision of law that imposes, by reason of a conviction, a bar to any employment, a disability to exercise any right or a disability to apply for or to receive any license, permit, or other authority or privilege covered by the certificate. Provides that a certificate of good conduct does not relieve an offender of any employment-related disability imposed by law by reason of his or her conviction of a crime that would prevent his or her employment by the Department of Corrections. Effective June 1, 2008.

House Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the bill. Deletes definition of "employment bar". Deletes provision that notwithstanding any other provision of law, a conviction of a crime or of an offense specified in a certificate of good conduct may not be deemed to be a conviction within the meaning of any provision in Section 8-23 of the Park District Code, Section 16a-5 of the Chicago Park District Act, or Sections 10-21.9 or 34-18.5 of the School Code. Provides that a certificate of good conduct does not limit the employer from accessing criminal background information; nor does it hide, alter, or expunge the record. Effective June 1, 2008.

House Amendment No. 2
Deletes reference to:
730 ILCS 5/5-5.5-55 new

Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended. Deletes definition of "employment bar". Deletes provision that notwithstanding any other provision of law, a conviction of a crime or of an offense specified in a certificate of good conduct may not be deemed to be a conviction within the meaning of any provision in Section 8-23 of the Park District Code, Section 16a-5 of the Chicago Park District Act, or Sections 10-21.9 or 34-18.5 of the School Code. Provides that a certificate of good conduct does not limit the employer from accessing criminal background information; nor does it hide, alter, or expunge the record. Deletes immunity provision. Deletes provision of the law that any certificate of good conduct by the Prisoner Review Board to an individual who at the time of the issuance of the certificate is under the conditions of parole or mandatory supervised release imposed by the Board shall be deemed to be a temporary certificate until the time as the individual is discharged from the terms of parole or mandatory supervised release, and, while temporary, the certificate may be revoked by the Board for violation of the conditions of parole or mandatory supervised release. Makes other changes. Effective June 1, 2008.

House Amendment No. 3
Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

Actions 
DateChamber Action
  2/14/2008HouseFiled with the Clerk by Rep. Constance A. Howard
  2/14/2008HouseFirst Reading
  2/14/2008HouseReferred to Rules Committee
  3/3/2008HouseAssigned to Judiciary II - Criminal Law Committee
  3/13/2008HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/13/2008HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/13/2008HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  3/13/2008HousePlaced on Calendar 2nd Reading - Short Debate
  3/13/2008HouseAdded Chief Co-Sponsor Rep. Patricia Reid Lindner
  4/9/2008HouseHouse Amendment No. 2 Filed with Clerk by Rep. Constance A. Howard
  4/9/2008HouseHouse Amendment No. 2 Referred to Rules Committee
  4/14/2008HouseHouse Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee
  4/15/2008HouseHouse Amendment No. 2 Recommends Be Adopted Judiciary II - Criminal Law Committee; 012-001-000
  4/16/2008HouseSecond Reading - Short Debate
  4/16/2008HouseHouse Amendment No. 2 Adopted by Voice Vote
  4/16/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/17/2008HouseThird Reading - Consideration Postponed
  4/17/2008HousePlaced on Calendar - Consideration Postponed April 17, 2008
  4/18/2008HouseHouse Amendment No. 3 Filed with Clerk by Rep. Constance A. Howard
  4/18/2008HouseHouse Amendment No. 3 Referred to Rules Committee
  4/18/2008HouseFinal Action Deadline Extended-9(b) May 9, 2008
  4/30/2008HouseAdded Chief Co-Sponsor Rep. Jim Sacia
  4/30/2008HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 003-000-000
  4/30/2008HouseRecalled to Second Reading - Short Debate
  4/30/2008HouseHouse Amendment No. 3 Adopted by Voice Vote
  4/30/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/9/2008HouseFinal Action Deadline Extended-9(b) May 23, 2008
  5/15/2008HouseAdded Chief Co-Sponsor Rep. Karen A. Yarbrough
  5/15/2008HouseAdded Chief Co-Sponsor Rep. Deborah L. Graham
  5/15/2008HouseAdded Co-Sponsor Rep. David E. Miller
  5/15/2008HouseAdded Co-Sponsor Rep. Elga L. Jefferies
  5/15/2008HouseAdded Co-Sponsor Rep. Arthur L. Turner
  5/15/2008HouseThird Reading - Short Debate - Passed 078-032-000
  5/20/2008SenateArrive in Senate
  5/20/2008SenatePlaced on Calendar Order of First Reading
  5/20/2008SenateChief Senate Sponsor Sen. Kwame Raoul
  5/20/2008SenateFirst Reading
  5/20/2008SenateReferred to Rules
  5/21/2008SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  11/10/2008SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  1/13/2009HouseSession Sine Die

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