Illinois General Assembly - Bill Status for HB2758
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 Bill Status of HB2758  99th General Assembly


Short Description:  HOUSING-TENANT-CRIMINAL RECORD

House Sponsors
Rep. Mary E. Flowers

Last Action
DateChamber Action
  1/10/2017HouseSession Sine Die

Statutes Amended In Order of Appearance
310 ILCS 10/25from Ch. 67 1/2, par. 25


Synopsis As Introduced
Amends the Housing Authorities Act. Deletes a provision that: (i) permits a Housing Authority, in the operation or management of housing projects, to refuse to certify or recertify applicants, current tenants, or other household members if, after due notice and an impartial hearing, that person or any of the proposed occupants of the dwelling has, prior to or during a term of tenancy or occupancy in any housing project operated by an Authority, been convicted of a criminal offense relating to the sale or distribution of controlled substances under the laws of this State, the United States or any other state; (ii) if an Authority desires a criminal history records check of all 50 states or a 50-state confirmation of a conviction record, requires the Housing Authority to submit the fingerprints of the relevant applicant, tenant, or other household member to the Department of State Police in a manner prescribed by the Department of State Police; (iii) requires the Department of State Police to charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check; and (iv) requires the Department of State Police to furnish, pursuant to positive identification, records of conviction to the Authority.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Housing Authorities Act. In a provision permitting a Housing Authority to refuse to certify or recertify applicants, current tenants, or other household members who have been convicted of a criminal offense relating to the sale or distribution of a controlled substance, provides that prior to refusing to certify or recertify such a person, the Authority shall make an individualized assessment and determine whether it is reasonable to conclude that the applicant, current tenant, or other household member would constitute a threat to those in the community where the applicant, current tenant, or other household member would reside; or whether it is reasonable to conclude that the applicant, current tenant, or other household member would otherwise engage in other unlawful activities in that community. Provides that during the individualized assessment, the Authority shall consider all mitigating circumstances, including, but not limited to: the nature of the crime; the time elapsed between the date of conviction and the date of certification or recertification; the applicant's, tenant's, or other household member's background; the incentive to litigate the criminal matter; and any evidence demonstrating rehabilitation. Requires the Authority to provide notice to the applicant, current tenant, or other household member that he or she may be denied certification or recertification because of a criminal conviction and that he or she has the right to an impartial hearing to demonstrate that he or she should not be denied certification or recertification because of his or her particular circumstances.

Actions 
DateChamber Action
  2/20/2015HouseFiled with the Clerk by Rep. Mary E. Flowers
  2/20/2015HouseFirst Reading
  2/20/2015HouseReferred to Rules Committee
  3/10/2015HouseAssigned to Economic Development & Housing Committee
  3/23/2015HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers
  3/23/2015HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/24/2015HouseHouse Committee Amendment No. 1 Rules Refers to Economic Development & Housing Committee
  3/26/2015HouseHouse Committee Amendment No. 1 Adopted in Economic Development & Housing Committee; by Voice Vote
  3/26/2015HouseDo Pass as Amended / Short Debate Economic Development & Housing Committee; 008-005-000
  3/26/2015HousePlaced on Calendar 2nd Reading - Short Debate
  4/22/2015HouseSecond Reading - Short Debate
  4/22/2015HouseHeld on Calendar Order of Second Reading - Short Debate
  4/24/2015HouseRule 19(a) / Re-referred to Rules Committee
  1/10/2017HouseSession Sine Die

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