Full Text of HB5516 95th General Assembly
HB5516ham002 95TH GENERAL ASSEMBLY
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Rep. Constance A. Howard
Filed: 4/9/2008
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LRB095 17071 RLC 49214 a |
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| AMENDMENT TO HOUSE BILL 5516
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| AMENDMENT NO. ______. Amend House Bill 5516, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "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 as | 7 |
| follows:
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| (730 ILCS 5/5-5.5-5)
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| Sec. 5-5.5-5. Definitions and rules of construction. In | 10 |
| this Article:
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| "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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LRB095 17071 RLC 49214 a |
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| 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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| felony .
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| "Felony" means a conviction of a felony in this State, or
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| 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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| For the purposes of this Article the following rules of | 12 |
| construction apply:
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| (i) two or more convictions of felonies charged in | 14 |
| separate counts of one
indictment or information shall be | 15 |
| deemed to be one conviction;
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| (ii) two or more convictions of felonies charged in 2 | 17 |
| or more indictments
or informations, filed in the same | 18 |
| court prior to entry of judgment under any
of them, shall | 19 |
| be deemed to be one conviction; and
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| (iii) a plea or a verdict of guilty upon which a | 21 |
| sentence
of probation, conditional discharge, or | 22 |
| supervision
has been imposed shall be deemed to be a | 23 |
| conviction.
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| (Source: P.A. 93-207, eff. 1-1-04; 94-1067, eff. 8-1-06.)
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| (730 ILCS 5/5-5.5-15)
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LRB095 17071 RLC 49214 a |
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| Sec. 5-5.5-15. Certificates of relief from disabilities | 2 |
| issued by courts.
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| (a) Any circuit court of this State may, in its discretion, | 4 |
| issue a
certificate of
relief from disabilities to an eligible | 5 |
| offender for a conviction that
occurred in that court if the | 6 |
| court imposed a sentence other than one
executed by commitment | 7 |
| to an institution under the Department of
Corrections. The | 8 |
| certificate may be issued (i) at the time
sentence is | 9 |
| pronounced, in which case it may grant relief from forfeiture | 10 |
| of licenses as well as from
disabilities, or (ii) at any time
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| thereafter, in which case it shall apply only to disabilities.
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| (b) The certificate may not be issued by the court unless | 13 |
| the court
is satisfied that:
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| (1) the person to whom it is to be granted is an | 15 |
| eligible offender, as
defined in Section 5-5.5-5;
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| (2) the relief to be granted by the certificate is | 17 |
| consistent with the
rehabilitation of the eligible | 18 |
| offender; and
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| (3) the relief to be granted by the certificate is | 20 |
| consistent with the
public interest.
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| (c) If a certificate of relief from disabilities is not | 22 |
| issued at
the time sentence is pronounced it shall only be | 23 |
| issued thereafter upon
verified application to the court. The | 24 |
| court may, for the purpose of
determining whether the | 25 |
| certificate shall be issued, request the
probation or court | 26 |
| services department to conduct an investigation of the
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| applicant. Any probation officer
requested to make an | 2 |
| investigation under this Section shall
prepare and submit to | 3 |
| the court a written report in accordance with the
request.
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| (d) Any court that has issued a certificate of relief from | 5 |
| disabilities
may at any time issue a new certificate to enlarge | 6 |
| the relief previously
granted provided that the provisions of | 7 |
| clauses (1)
through (3) of subsection (b) of this Section apply | 8 |
| to the issuance of
any such new certificate.
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| (e) Any written report submitted to the court under this | 10 |
| Section
is confidential and may not be made available to any | 11 |
| person or public or
private agency except if specifically | 12 |
| required or permitted by
statute or upon specific authorization | 13 |
| of the court. However, it shall
be made available by the court | 14 |
| for examination by the applicant's
attorney, or the applicant | 15 |
| himself or herself, if he or she has no attorney. In
its | 16 |
| discretion, the court may except from disclosure a part or | 17 |
| parts of the
report that are not relevant to the granting of a | 18 |
| certificate, or
sources of information which have been obtained | 19 |
| on a promise of
confidentiality, or any other portion of the | 20 |
| report, disclosure of which
would not be in the interest of | 21 |
| justice. The action of the court excepting
information from | 22 |
| disclosure shall be subject to appellate review. The
court, in | 23 |
| its discretion, may hold a conference in open court or in
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| chambers to afford an applicant an opportunity to controvert or | 25 |
| to
comment upon any portions of the report. The court may also | 26 |
| conduct a
summary hearing at the conference on any matter |
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| relevant to the granting
of the application and may take | 2 |
| testimony under oath.
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| (Source: P.A. 93-207, eff. 1-1-04.)
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| (730 ILCS 5/5-5.5-25)
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| Sec. 5-5.5-25. Certificate of good conduct.
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| (a) A certificate of good conduct may be granted as | 7 |
| provided in this Section to relieve an eligible offender of any | 8 |
| employment bar as defined in Section 5-5.5-5 of this Code. The | 9 |
| certificate may be limited to one or more enumerated | 10 |
| disabilities or bars or may relieve the individual of all | 11 |
| disabilities and bars. | 12 |
| Notwithstanding any other provision of law, a certificate | 13 |
| of good conduct does not relieve an offender of any | 14 |
| employment-related disability imposed by law by reason of his | 15 |
| or her conviction of a crime that would prevent his or her | 16 |
| employment by the Department of Corrections.
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| (a-6)
(a) A certificate of good conduct may be granted as | 18 |
| provided in this
Section to an eligible offender as defined in | 19 |
| Section 5-5.5-5 of this Code
who has demonstrated that he or | 20 |
| she has been a law-abiding citizen and is fully
rehabilitated.
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| (b) (i) A certificate of good conduct may not, however, in | 22 |
| any
way prevent any judicial proceeding, administrative, | 23 |
| licensing, or other body,
board, or authority from | 24 |
| considering the conviction specified
in the certificate.
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| (ii) A certificate of good conduct shall not limit or |
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| prevent the
introduction of evidence of a prior conviction | 2 |
| for purposes of impeachment of
a witness in a judicial or | 3 |
| other proceeding where otherwise authorized by the
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| applicable rules of evidence.
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| (iii) A certificate of good conduct does not limit the | 6 |
| employer from accessing criminal background information; | 7 |
| nor does it hide, alter, or expunge the record. | 8 |
| (Source: P.A. 93-207, eff. 1-1-04.)
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| (730 ILCS 5/5-5.5-30)
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| Sec. 5-5.5-30. Issuance of certificate of good conduct.
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| (a) After a rehabilitation review has been held,
The
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| Prisoner Review Board, or any 3 members of the Prisoner Review | 13 |
| Board by
unanimous vote, shall have the power to issue a | 14 |
| certificate of good
conduct to any eligible offender previously | 15 |
| convicted of a crime in this State,
when
the Board is satisfied | 16 |
| that:
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| (1) the applicant has conducted himself or herself in a | 18 |
| manner
warranting the issuance for a minimum period in | 19 |
| accordance with the
provisions of subsection (c) of this | 20 |
| Section;
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| (2) the relief to be granted by the certificate is | 22 |
| consistent with the
rehabilitation of the applicant; and
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| (3) the relief to be granted is consistent with the | 24 |
| public interest.
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| (b) The Prisoner Review Board, or any 3 members of the |
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LRB095 17071 RLC 49214 a |
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| Board by
unanimous vote, shall have the power to issue a | 2 |
| certificate of good
conduct to any person previously convicted | 3 |
| of a crime in any other
jurisdiction, when the Board is | 4 |
| satisfied that : | 5 |
| (1) the applicant has demonstrated that there exist | 6 |
| specific facts and circumstances and specific sections of | 7 |
| Illinois State law that have an adverse impact on the | 8 |
| applicant and warrant the application for relief to be made | 9 |
| in Illinois; and
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| (2) the provisions of paragraphs (1), (2), and (3) of | 11 |
| subsection (a) of
this Section have been met.
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| (c) The minimum period of good conduct by the individual | 13 |
| referred to
in paragraph (1) of subsection (a) of this Section, | 14 |
| shall be as follows:
if the most serious crime of which the | 15 |
| individual was convicted is a
misdemeanor, the minimum period | 16 |
| of good conduct shall be one year; if
the most serious crime of | 17 |
| which the individual was convicted is a Class 1,
2, 3, or 4 | 18 |
| felony, the minimum period of good conduct shall be 3 years.
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| Criminal acts committed outside the State
shall be classified | 20 |
| as acts committed within the State based on the
maximum | 21 |
| sentence that could have been imposed based upon the
conviction | 22 |
| under the laws of the foreign jurisdiction. The minimum
period | 23 |
| of good conduct by the individual shall be measured either from
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| the date of the payment of any fine imposed upon him or her, or | 25 |
| from the
date of his or her release from custody by parole, | 26 |
| mandatory supervised
release or commutation or termination of |
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| his or her sentence.
The Board shall have power and it shall be | 2 |
| its duty to investigate all
persons when the application is | 3 |
| made and to grant or deny the same
within a reasonable time | 4 |
| after the making of the application.
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| (d) If the Prisoner Review Board has issued a certificate | 6 |
| of good
conduct, the Board may at any time issue a new | 7 |
| certificate enlarging the
relief previously granted.
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| (e) (Blank) Any certificate of good conduct by the Prisoner | 9 |
| Review Board to
an individual who at the time of the issuance | 10 |
| of the certificate is under the
conditions of parole or | 11 |
| mandatory supervised release imposed by the
Board shall be | 12 |
| deemed to be a temporary certificate until the time as the
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| individual is discharged from the terms of parole or mandatory
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| supervised release, and, while temporary, the certificate may | 15 |
| be
revoked by the Board for violation of the conditions of | 16 |
| parole or
mandatory supervised release. Revocation shall be | 17 |
| upon
notice to the parolee or releasee, who shall be accorded | 18 |
| an opportunity to
explain the violation prior to a decision on | 19 |
| the revocation. If the certificate
is not so revoked, it shall | 20 |
| become a permanent certificate upon expiration
or termination | 21 |
| of the offender's parole or mandatory supervised release term .
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| (Source: P.A. 93-207, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect June 1, | 24 |
| 2008.".
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