Rep. Constance A. Howard
Filed: 4/24/2007
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1 | AMENDMENT TO HOUSE BILL 1294
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2 | AMENDMENT NO. ______. Amend House Bill 1294, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Unified Code of Corrections is amended by | ||||||
6 | changing Sections 5-5.5-5, 5-5.5-15, 5-5.5-25, and 5-5.5-30 | ||||||
7 | and by adding Section 5-5.5-55 as follows:
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8 | (730 ILCS 5/5-5.5-5)
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9 | Sec. 5-5.5-5. Definitions and rules of construction. In | ||||||
10 | this Article:
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11 | "Eligible offender" means a person who has been
convicted | ||||||
12 | of a crime that does not include any offense or attempted | ||||||
13 | offense that would subject a person to registration under the | ||||||
14 | Sex Offender Registration Act, the Arsonist Registration Act, | ||||||
15 | or the Child Murderer and Violent Offender Against Youth | ||||||
16 | Registration Act. "Eligible offender" does not include a person |
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1 | who has been convicted of committing or attempting to commit | ||||||
2 | first degree murder
or of an offense that is not a crime of | ||||||
3 | violence as
defined in Section 2 of the Crime Victims | ||||||
4 | Compensation Act, a Class X or
a nonprobationable offense, or a | ||||||
5 | violation of Article 11 or Article 12 of the
Criminal Code of | ||||||
6 | 1961, but who has not been convicted more than twice of a
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7 | felony .
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8 | "Felony" means a conviction of a felony in this State, or
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9 | of an offense in any other jurisdiction for which a sentence to | ||||||
10 | a
term of imprisonment in excess of one year, was authorized.
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11 | "Employment bar" means employment restrictions set out in | ||||||
12 | Section 8-23 of the Park District Code, Section 16a-5 of the | ||||||
13 | Chicago Park District Act, and Sections 10-21.9 and 34-18.5 of | ||||||
14 | the School Code.
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15 | For the purposes of this Article the following rules of | ||||||
16 | construction apply:
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17 | (i) two or more convictions of felonies charged in | ||||||
18 | separate counts of one
indictment or information shall be | ||||||
19 | deemed to be one conviction;
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20 | (ii) two or more convictions of felonies charged in 2 | ||||||
21 | or more indictments
or informations, filed in the same | ||||||
22 | court prior to entry of judgment under any
of them, shall | ||||||
23 | be deemed to be one conviction; and
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24 | (iii) a plea or a verdict of guilty upon which a | ||||||
25 | sentence
of probation, conditional discharge, or | ||||||
26 | supervision
has been imposed shall be deemed to be a |
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1 | conviction.
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2 | (Source: P.A. 93-207, eff. 1-1-04; 94-1067, eff. 8-1-06.)
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3 | (730 ILCS 5/5-5.5-15)
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4 | Sec. 5-5.5-15. Certificates of relief from disabilities | ||||||
5 | issued by courts.
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6 | (a) Any circuit court of this State may, in its discretion, | ||||||
7 | issue a
certificate of
relief from disabilities to an eligible | ||||||
8 | offender for a conviction that
occurred in that court if the | ||||||
9 | court imposed a sentence other than one
executed by commitment | ||||||
10 | to an institution under the Department of
Corrections. The | ||||||
11 | certificate may be issued (i) at the time
sentence is | ||||||
12 | pronounced, in which case it may grant relief from forfeiture | ||||||
13 | as well as from
disabilities, or (ii) at any time
thereafter, | ||||||
14 | in which case it shall apply only to disabilities.
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15 | (b) The certificate may not be issued by the court unless | ||||||
16 | the court
is satisfied that:
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17 | (1) the person to whom it is to be granted is an | ||||||
18 | eligible offender, as
defined in Section 5-5.5-5;
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19 | (2) the relief to be granted by the certificate is | ||||||
20 | consistent with the
rehabilitation of the eligible | ||||||
21 | offender; and
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22 | (3) the relief to be granted by the certificate is | ||||||
23 | consistent with the
public interest.
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24 | (c) If a certificate of relief from disabilities is not | ||||||
25 | issued at
the time sentence is pronounced it shall only be |
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1 | issued thereafter upon
verified application to the court. The | ||||||
2 | court may, for the purpose of
determining whether the | ||||||
3 | certificate shall be issued, request the
probation or court | ||||||
4 | services department to conduct an investigation of the
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5 | applicant. Any probation officer
requested to make an | ||||||
6 | investigation under this Section shall
prepare and submit to | ||||||
7 | the court a written report in accordance with the
request.
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8 | (d) Any court that has issued a certificate of relief from | ||||||
9 | disabilities
may at any time issue a new certificate to enlarge | ||||||
10 | the relief previously
granted provided that the provisions of | ||||||
11 | clauses (1)
through (3) of subsection (b) of this Section apply | ||||||
12 | to the issuance of
any such new certificate.
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13 | (e) Any written report submitted to the court under this | ||||||
14 | Section
is confidential and may not be made available to any | ||||||
15 | person or public or
private agency except if specifically | ||||||
16 | required or permitted by
statute or upon specific authorization | ||||||
17 | of the court. However, it shall
be made available by the court | ||||||
18 | for examination by the applicant's
attorney, or the applicant | ||||||
19 | himself or herself, if he or she has no attorney. In
its | ||||||
20 | discretion, the court may except from disclosure a part or | ||||||
21 | parts of the
report that are not relevant to the granting of a | ||||||
22 | certificate, or
sources of information which have been obtained | ||||||
23 | on a promise of
confidentiality, or any other portion of the | ||||||
24 | report, disclosure of which
would not be in the interest of | ||||||
25 | justice. The action of the court excepting
information from | ||||||
26 | disclosure shall be subject to appellate review. The
court, in |
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1 | its discretion, may hold a conference in open court or in
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2 | chambers to afford an applicant an opportunity to controvert or | ||||||
3 | to
comment upon any portions of the report. The court may also | ||||||
4 | conduct a
summary hearing at the conference on any matter | ||||||
5 | relevant to the granting
of the application and may take | ||||||
6 | testimony under oath.
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7 | (Source: P.A. 93-207, eff. 1-1-04.)
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8 | (730 ILCS 5/5-5.5-25)
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9 | Sec. 5-5.5-25. Certificate of good conduct.
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10 | (a) A certificate of good conduct may be granted as | ||||||
11 | provided in this Section to relieve an eligible offender of any | ||||||
12 | employment bar as defined in Section 5-5.5-5 of this Code. The | ||||||
13 | certificate may be limited to one or more enumerated | ||||||
14 | disabilities or bars or may relieve the individual of all | ||||||
15 | disabilities and bars. | ||||||
16 | Notwithstanding any other provision of law, a certificate | ||||||
17 | of good conduct does not relieve an offender of any | ||||||
18 | employment-related disability imposed by law by reason of his | ||||||
19 | or her conviction of a crime that would prevent his or her | ||||||
20 | employment by the Department of Corrections.
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21 | (a-5) Notwithstanding any other provision of law, a | ||||||
22 | conviction of a crime or of an offense specified in a | ||||||
23 | certificate of good conduct may not be deemed to be a | ||||||
24 | conviction within the meaning of any provision in Section 8-23 | ||||||
25 | of the Park District Code, Section 16a-5 of the Chicago Park |
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1 | District Act, or Sections 10-21.9 or 34-18.5 of the School | ||||||
2 | Code.
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3 | (a-6)
(a) A certificate of good conduct may be granted as | ||||||
4 | provided in this
Section to an eligible offender as defined in | ||||||
5 | Section 5-5.5-5 of this Code
who has demonstrated that he or | ||||||
6 | she has been a law-abiding citizen and is fully
rehabilitated.
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7 | (b) (i) A certificate of good conduct may not, however, in | ||||||
8 | any
way prevent any judicial proceeding, administrative, | ||||||
9 | licensing, or other body,
board, or authority from | ||||||
10 | considering the conviction specified
in the certificate.
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11 | (ii) A certificate of good conduct shall not limit or | ||||||
12 | prevent the
introduction of evidence of a prior conviction | ||||||
13 | for purposes of impeachment of
a witness in a judicial or | ||||||
14 | other proceeding where otherwise authorized by the
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15 | applicable rules of evidence.
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16 | (Source: P.A. 93-207, eff. 1-1-04.)
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17 | (730 ILCS 5/5-5.5-30)
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18 | Sec. 5-5.5-30. Issuance of certificate of good conduct.
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19 | (a) After clemency-like review has been held, the
The
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20 | Prisoner Review Board, or any 3 members of the Board by
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21 | unanimous vote, shall have the power to issue a certificate of | ||||||
22 | good
conduct to any eligible offender previously convicted of a | ||||||
23 | crime in this State,
when
the Board is satisfied that:
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24 | (1) the applicant has conducted himself or herself in a | ||||||
25 | manner
warranting the issuance for a minimum period in |
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1 | accordance with the
provisions of subsection (c) of this | ||||||
2 | Section;
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3 | (2) the relief to be granted by the certificate is | ||||||
4 | consistent with the
rehabilitation of the applicant; and
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5 | (3) the relief to be granted is consistent with the | ||||||
6 | public interest.
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7 | (b) The Prisoner Review Board, or any 3 members of the | ||||||
8 | Board by
unanimous vote, shall have the power to issue a | ||||||
9 | certificate of good
conduct to any person previously convicted | ||||||
10 | of a crime in any other
jurisdiction, when the Board is | ||||||
11 | satisfied that : | ||||||
12 | (1) The applicant has demonstrated that there exist | ||||||
13 | specific facts and circumstances and specific sections of | ||||||
14 | Illinois State law that have an adverse impact on the | ||||||
15 | applicant and warrant the application for relief to be made | ||||||
16 | in Illinois; and
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17 | (2) the provisions of paragraphs (1), (2), and (3) of | ||||||
18 | subsection (a) of
this Section have been met.
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19 | (c) The minimum period of good conduct by the individual | ||||||
20 | referred to
in paragraph (1) of subsection (a) of this Section, | ||||||
21 | shall be as follows:
if the most serious crime of which the | ||||||
22 | individual was convicted is a
misdemeanor, the minimum period | ||||||
23 | of good conduct shall be one year; if
the most serious crime of | ||||||
24 | which the individual was convicted is a Class 1,
2, 3, or 4 | ||||||
25 | felony, the minimum period of good conduct shall be 3 years.
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26 | Criminal acts committed outside the State
shall be classified |
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1 | as acts committed within the State based on the
maximum | ||||||
2 | sentence that could have been imposed based upon the
conviction | ||||||
3 | under the laws of the foreign jurisdiction. The minimum
period | ||||||
4 | of good conduct by the individual shall be measured either from
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5 | the date of the payment of any fine imposed upon him or her, or | ||||||
6 | from the
date of his or her release from custody by parole, | ||||||
7 | mandatory supervised
release or commutation or termination of | ||||||
8 | his or her sentence.
The Board shall have power and it shall be | ||||||
9 | its duty to investigate all
persons when the application is | ||||||
10 | made and to grant or deny the same
within a reasonable time | ||||||
11 | after the making of the application.
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12 | (d) If the Prisoner Review Board has issued a certificate | ||||||
13 | of good
conduct, the Board may at any time issue a new | ||||||
14 | certificate enlarging the
relief previously granted.
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15 | (e) Any certificate of good conduct by the Prisoner Review | ||||||
16 | Board to
an individual who at the time of the issuance of the | ||||||
17 | certificate is under the
conditions of parole or mandatory | ||||||
18 | supervised release imposed by the
Board shall be deemed to be a | ||||||
19 | temporary certificate until the time as the
individual is | ||||||
20 | discharged from the terms of parole or mandatory
supervised | ||||||
21 | release, and, while temporary, the certificate may be
revoked | ||||||
22 | by the Board for violation of the conditions of parole or
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23 | mandatory supervised release. Revocation shall be upon
notice | ||||||
24 | to the parolee or releasee, who shall be accorded an | ||||||
25 | opportunity to
explain the violation prior to a decision on the | ||||||
26 | revocation. If the certificate
is not so revoked, it shall |
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1 | become a permanent certificate upon expiration
or termination | ||||||
2 | of the offender's parole or mandatory supervised release term.
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3 | (Source: P.A. 93-207, eff. 1-1-04.)
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4 | (730 ILCS 5/5-5.5-55 new) | ||||||
5 | Sec. 5-5.5-55. Immunity from liability. An employer shall | ||||||
6 | be immune from civil liability for any act or omission | ||||||
7 | committed by a person hired by the employer who has been issued | ||||||
8 | a certificate of good conduct under this Article.
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9 | Section 99. Effective date. This Act takes effect June 1, | ||||||
10 | 2007.".
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