Full Text of HB0039 103rd General Assembly
HB0039ham001 103RD GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 3/2/2023
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| 1 | | AMENDMENT TO HOUSE BILL 39
| 2 | | AMENDMENT NO. ______. Amend House Bill 39 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by adding Section 5-45.35 as follows: | 6 | | (5 ILCS 100/5-45.35 new) | 7 | | Sec. 5-45.35. Emergency rulemaking. To provide for the | 8 | | expeditious and timely implementation of the
changes made to | 9 | | the Election
Code and the Unified Code of
Corrections by this | 10 | | amendatory Act of the 103rd General
Assembly, emergency rules | 11 | | implementing those changes may be adopted in accordance with | 12 | | Section 5-45 by the State Board of Elections, except that the | 13 | | 24-month limitation on the
adoption of emergency rules and the | 14 | | provisions of Sections
5-115 and 5-125 do not apply to rules | 15 | | adopted under this
Section. The adoption of emergency rules | 16 | | authorized by Section 5-45 and this Section is deemed to be |
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| 1 | | necessary for the public interest, safety, and welfare. | 2 | | This Section is repealed one year after the effective date | 3 | | of this amendatory Act of the 103rd General Assembly. | 4 | | Section 10. The Election Code is amended by changing | 5 | | Sections 3-5 and 19-2.5 and by adding Sections 1-23 and 1-24 as | 6 | | follows: | 7 | | (10 ILCS 5/1-23 new) | 8 | | Sec. 1-23. Post-conviction voting. | 9 | | (a) As used in this Section, "correctional institution"
| 10 | | means any place used to house persons under state supervision | 11 | | or custody,
including, but not limited to, state, federal, or | 12 | | juvenile
facilities, adult transition centers, halfway houses, | 13 | | and
other reentry or rehabilitation programs. | 14 | | (b) A person convicted of a felony, or otherwise under
| 15 | | sentence in a correctional institution, shall have his
or her | 16 | | right to vote restored and shall be eligible to vote not
later | 17 | | than 14 days following his or her conviction.
Persons under | 18 | | any form of
state supervision or custody who are disqualified | 19 | | from voting shall have
their right to vote restored under this | 20 | | Section, including,
but not limited to: persons incarcerated | 21 | | in State, federal, or
juvenile facilities; persons on | 22 | | probation or parole; persons on mandatory supervised release; | 23 | | persons
on work release; persons on furlough; persons released | 24 | | on
electronic monitoring; persons housed in adult transition
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| 1 | | centers, halfway houses, or other reentry or rehabilitation
| 2 | | programs; and persons owing court fines or fees. Persons may
| 3 | | not be denied the right to vote because of a past criminal
| 4 | | conviction. | 5 | | (c) Each local election authority shall coordinate with | 6 | | the
correctional institution, Illinois Department of | 7 | | Corrections, and other correctional agencies incarcerating | 8 | | eligible voters to facilitate voting by mail for those voters | 9 | | eligible to vote in that election
jurisdiction who are | 10 | | incarcerated in the correctional
institution. | 11 | | (d) All requirements of the federal Voting Rights Act of
| 12 | | 1965, including Sections 203 and 208, State and local language
| 13 | | access requirements, and the federal Americans with
| 14 | | Disabilities Act and State and local disability access
| 15 | | requirements shall also apply to voting under this Section. | 16 | | The correctional
institution shall make available to persons | 17 | | in its custody voter registration
applications, vote by mail | 18 | | ballot applications, vote by mail
ballots received at the | 19 | | institution from the local election authority, and other | 20 | | election materials in the languages
provided by the State | 21 | | Board of Elections and local election
authorities. | 22 | | (e) The correctional institution shall make available to a
| 23 | | person in its custody current election resource material, | 24 | | maintained by the State Board of Elections,
containing | 25 | | detailed information regarding the voting rights of
a person | 26 | | with a criminal conviction in the following formats:
(1) in |
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| 1 | | print; (2) on the correctional institution's website;
and (3) | 2 | | in a visible location on the premises of each
correctional | 3 | | institution where notices are customarily posted.
The | 4 | | correctional institution shall also make available to a person | 5 | | in its custody current election resource material from a local | 6 | | election authority that is requested by that person in its | 7 | | custody and received at the correctional institution from the | 8 | | local election authority in response to that person's request. | 9 | | The correctional institution shall provide resource materials
| 10 | | to a person in its custody upon intake and release of the
| 11 | | person on parole, mandatory supervised release, final
| 12 | | discharge, or pardon from the correctional institution. | 13 | | (f) By December 31, 2024 and by December 31 of each year | 14 | | thereafter, the State Board of Elections, in
coordination and | 15 | | cooperation with correctional institutions and local election | 16 | | authorities, shall prepare a report containing data concerning | 17 | | compliance with this Section,
including the number of voter | 18 | | registrations, vote by mail ballot
applications, vote by mail | 19 | | ballots completed, and voter education packets delivered. | 20 | | (g) A person who has left the person's residence as part of | 21 | | the person's confinement in a
correctional institution and who | 22 | | has not established another
residence for voter registration | 23 | | purposes may not be
considered to have changed or lost | 24 | | residence. The person may
register to vote at the address of | 25 | | the person's last place of residence before the person's | 26 | | confinement in a
correctional institution. |
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| 1 | | (h) The provisions of this Section shall apply to all
| 2 | | elections beginning with the general election in 2024. | 3 | | (i) The State Board of Elections may adopt rules,
| 4 | | including emergency rules, to implement the provisions of this | 5 | | Section. | 6 | | (10 ILCS 5/1-24 new) | 7 | | Sec. 1-24. Post-Conviction Task Force. | 8 | | (a) The Post-Conviction Task Force is created to | 9 | | strengthen and improve implementation of
the provisions of | 10 | | Section 1-23 that restore the right to vote
to a person | 11 | | convicted of a felony, or otherwise under
sentence in a | 12 | | correctional institution, and to provide
voting access while | 13 | | under sentence in a correctional
institution. | 14 | | (b) The members of the Task Force shall be as follows: | 15 | | (1) the Chair of the State Board of Elections, or the | 16 | | Chair's designee, who shall serve as Chair of the Task
| 17 | | Force; | 18 | | (2) the Director of Corrections, or the Director's
| 19 | | designee; | 20 | | (3) the Secretary of State, or the Secretary of | 21 | | State's designee; | 22 | | (4) a representative from a statewide organization
| 23 | | that represents county clerks, appointed by the chair of
| 24 | | the State Board of Elections; | 25 | | (5) a representative from 2 separate Illinois |
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| 1 | | organizations
advocating against voter | 2 | | disenfranchisement, with one representative appointed by
| 3 | | the President of the Senate and one representative | 4 | | appointed by the Speaker of the House of Representatives; | 5 | | and | 6 | | (6) 4 members from the General Assembly, with one
| 7 | | member appointed by the President of the Senate, one
| 8 | | member appointed by the Senate Minority Leader, one member
| 9 | | appointed by the Speaker of the House of Representatives,
| 10 | | and one member appointed by the House Minority Leader. | 11 | | (c) The State Board of Elections shall provide
| 12 | | administrative and other support to the Task Force. | 13 | | (d) On or before July 1, 2024, the Task Force members shall | 14 | | be appointed. On or before September 1, 2024, the Task Force | 15 | | shall
prepare a status report that summarizes its work and | 16 | | makes
recommendations on the implementation of provisions | 17 | | restoring voting
rights to a person convicted of a felony or | 18 | | otherwise under
sentence in a correctional institution and | 19 | | providing
access to vote while under sentence in a | 20 | | correctional
institution. On or before January 1, 2025, the | 21 | | Task Force shall prepare a comprehensive report that | 22 | | summarizes its work and the implementation and administration | 23 | | of the 2024 general election. The report shall include
| 24 | | recommendations for strengthening and improving implementation | 25 | | of restoring voting
rights to a person convicted of a felony or | 26 | | otherwise under
sentence in a correctional institution and |
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| 1 | | providing
access to vote while under sentence in a | 2 | | correctional
institution. | 3 | | (e) The Task Force is dissolved and this Section is
| 4 | | repealed on January 1, 2027. | 5 | | (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
| 6 | | Sec. 3-5. Confinement or detention in a jail. No person | 7 | | who has been legally convicted, in this
or another state or in | 8 | | any federal court, of any crime, and
is serving a sentence of | 9 | | confinement in any penal institution,
or who has been | 10 | | convicted under any Section of this Code and is
serving a | 11 | | sentence of confinement in any penal institution,
shall vote, | 12 | | offer to vote, attempt to vote or be permitted
to vote at any | 13 | | election until his release from confinement.
| 14 | | Confinement for purposes of this Section shall include any
| 15 | | person convicted and imprisoned but granted a furlough as
| 16 | | provided by Section 3-11-1 of the Unified Code of Corrections,
| 17 | | or admitted to a work release program as provided by Section
| 18 | | 3-13-2 of the Unified Code of Corrections. Confinement shall
| 19 | | not include any person convicted and imprisoned but released | 20 | | on parole.
| 21 | | Confinement or detention in a jail pending acquittal or
| 22 | | conviction of a crime is not a disqualification for voting.
| 23 | | (Source: P.A. 100-863, eff. 8-14-18.)
| 24 | | (10 ILCS 5/19-2.5) |
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| 1 | | Sec. 19-2.5. Notice for vote by mail ballot. | 2 | | (a) An election authority shall notify all qualified | 3 | | voters, not more than 90 days nor less than 45 days before a | 4 | | general or consolidated election, of the option for permanent | 5 | | vote by mail status using the following notice and including | 6 | | the application for permanent vote by mail status in | 7 | | subsection (b) of Section 19-3: | 8 | | "You may apply to permanently be placed on vote by mail | 9 | | status using the attached application.".
| 10 | | (b) A person completing a voter registration application
| 11 | | or submitting a change of address shall be notified of the
| 12 | | option to receive a vote by mail ballot. Upon request of the
| 13 | | person, the voter registration application or change of | 14 | | address form shall serve as an application to
receive an | 15 | | official vote by mail ballot, and the individual
need not | 16 | | complete a separate vote by mail application. An elector who | 17 | | is a resident
of a location covered by Section 203 of the | 18 | | federal Voting
Rights Act of 1965 or local language access | 19 | | requirements must
be offered a voter registration application | 20 | | in a language of the applicable minority group and must be able | 21 | | to request a vote by mail ballot in
the language of the | 22 | | applicable minority group. Upon processing the voter | 23 | | registration application and accepting the application without | 24 | | rejection, the
election authority shall provide the individual | 25 | | with an
official vote by mail ballot for the next occurring | 26 | | election. |
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| 1 | | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.)
| 2 | | Section 15. The Unified Code of Corrections is amended by | 3 | | changing Sections 3-14-1 and 5-5-5 as follows:
| 4 | | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| 5 | | Sec. 3-14-1. Release from the institution.
| 6 | | (a) Upon release of a person on parole, mandatory release, | 7 | | final
discharge, or pardon, the Department shall return all | 8 | | property held for
him, provide him with suitable clothing and | 9 | | procure necessary
transportation for him to his designated | 10 | | place of residence and
employment. It may provide such person | 11 | | with a grant of money for travel and
expenses which may be paid | 12 | | in installments. The amount of the money grant
shall be | 13 | | determined by the Department.
| 14 | | (a-1) The Department shall, before a wrongfully imprisoned | 15 | | person, as defined in Section 3-1-2 of this Code, is | 16 | | discharged from the Department, provide him or her with any | 17 | | documents necessary after discharge. | 18 | | (a-2) The Department of Corrections may establish and | 19 | | maintain, in any institution
it administers, revolving funds | 20 | | to be known as "Travel and Allowances Revolving
Funds". These | 21 | | revolving funds shall be used for advancing travel and expense
| 22 | | allowances to committed, paroled, and discharged prisoners. | 23 | | The moneys
paid into such revolving funds shall be from | 24 | | appropriations to the Department
for Committed, Paroled, and |
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| 1 | | Discharged Prisoners.
| 2 | | (a-3) (Blank). Upon release of a person who is eligible to | 3 | | vote on parole, mandatory release, final discharge, or pardon, | 4 | | the Department shall provide the person with a form that | 5 | | informs him or her that his or her voting rights have been | 6 | | restored and a voter registration application. The Department | 7 | | shall have available voter registration applications in the | 8 | | languages provided by the Illinois State Board of Elections. | 9 | | The form that informs the person that his or her rights have | 10 | | been restored shall include the following information: | 11 | | (1) All voting rights are restored upon release from | 12 | | the Department's custody. | 13 | | (2) A person who is eligible to vote must register in | 14 | | order to be able to vote. | 15 | | The Department of Corrections shall confirm that the | 16 | | person received the voter registration application and has | 17 | | been informed that his or her voting rights have been | 18 | | restored. | 19 | | (a-4) Prior to release of a person on parole, mandatory | 20 | | supervised release, final discharge, or pardon, the Department | 21 | | shall screen every person for Medicaid eligibility. Officials | 22 | | of the correctional institution or facility where the | 23 | | committed person is assigned shall assist an eligible person | 24 | | to complete a Medicaid application to ensure that the person | 25 | | begins receiving benefits as soon as possible after his or her | 26 | | release. The application must include the eligible person's |
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| 1 | | address associated with his or her residence upon release from | 2 | | the facility. If the residence is temporary, the eligible | 3 | | person must notify the Department of Human Services of his or | 4 | | her change in address upon transition to permanent housing. | 5 | | (b) (Blank).
| 6 | | (c) Except as otherwise provided in this Code, the | 7 | | Department shall
establish procedures to provide written | 8 | | notification of any release of any
person who has been | 9 | | convicted of a felony to the State's Attorney
and sheriff of | 10 | | the county from which the offender was committed, and the
| 11 | | State's Attorney and sheriff of the county into which the | 12 | | offender is to be
paroled or released. Except as otherwise | 13 | | provided in this Code, the
Department shall establish | 14 | | procedures to provide written notification to
the proper law | 15 | | enforcement agency for any municipality of any release of any
| 16 | | person who has been convicted of a felony if the arrest of the | 17 | | offender or the
commission of the offense took place in the | 18 | | municipality, if the offender is to
be paroled or released | 19 | | into the municipality, or if the offender resided in the
| 20 | | municipality at the time of the commission of the offense. If a | 21 | | person
convicted of a felony who is in the custody of the | 22 | | Department of Corrections or
on parole or mandatory supervised | 23 | | release informs the Department that he or she
has resided, | 24 | | resides, or will
reside at an address that is a housing | 25 | | facility owned, managed,
operated, or leased by a public | 26 | | housing agency, the Department must send
written notification |
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| 1 | | of that information to the public housing agency that
owns, | 2 | | manages, operates, or leases the housing facility. The written
| 3 | | notification shall, when possible, be given at least 14 days | 4 | | before release of
the person from custody, or as soon | 5 | | thereafter as possible. The written notification shall be | 6 | | provided electronically if the State's Attorney, sheriff, | 7 | | proper law enforcement agency, or public housing agency has | 8 | | provided the Department with an accurate and up to date email | 9 | | address.
| 10 | | (c-1) (Blank). | 11 | | (c-2) The Department shall establish procedures to provide | 12 | | notice to the Illinois State Police of the release or | 13 | | discharge of persons convicted of violations of the | 14 | | Methamphetamine Control and Community
Protection Act or a | 15 | | violation of the Methamphetamine Precursor Control Act. The | 16 | | Illinois State Police shall make this information available to | 17 | | local, State, or federal law enforcement agencies upon | 18 | | request. | 19 | | (c-5) If a person on parole or mandatory supervised | 20 | | release becomes a resident of a facility licensed or regulated | 21 | | by the Department of Public Health, the Illinois Department of | 22 | | Public Aid, or the Illinois Department of Human Services, the | 23 | | Department of Corrections shall provide copies of the | 24 | | following information to the appropriate licensing or | 25 | | regulating Department and the licensed or regulated facility | 26 | | where the person becomes a resident: |
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| 1 | | (1) The mittimus and any pre-sentence investigation | 2 | | reports. | 3 | | (2) The social evaluation prepared pursuant to Section | 4 | | 3-8-2. | 5 | | (3) Any pre-release evaluation conducted pursuant to | 6 | | subsection (j) of Section 3-6-2. | 7 | | (4) Reports of disciplinary infractions and | 8 | | dispositions. | 9 | | (5) Any parole plan, including orders issued by the | 10 | | Prisoner Review Board, and any violation reports and | 11 | | dispositions. | 12 | | (6) The name and contact information for the assigned | 13 | | parole agent and parole supervisor.
| 14 | | This information shall be provided within 3 days of the | 15 | | person becoming a resident of the facility.
| 16 | | (c-10) If a person on parole or mandatory supervised | 17 | | release becomes a resident of a facility licensed or regulated | 18 | | by the Department of Public Health, the Illinois Department of | 19 | | Public Aid, or the Illinois Department of Human Services, the | 20 | | Department of Corrections shall provide written notification | 21 | | of such residence to the following: | 22 | | (1) The Prisoner Review Board. | 23 | | (2) The
chief of police and sheriff in the | 24 | | municipality and county in which the licensed facility is | 25 | | located. | 26 | | The notification shall be provided within 3 days of the |
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| 1 | | person becoming a resident of the facility.
| 2 | | (d) Upon the release of a committed person on parole, | 3 | | mandatory
supervised release, final discharge, or pardon, the | 4 | | Department shall provide
such person with information | 5 | | concerning programs and services of the
Illinois Department of | 6 | | Public Health to ascertain whether such person has
been | 7 | | exposed to the human immunodeficiency virus (HIV) or any | 8 | | identified
causative agent of Acquired Immunodeficiency | 9 | | Syndrome (AIDS).
| 10 | | (e) Upon the release of a committed person on parole, | 11 | | mandatory supervised
release, final discharge, pardon, or who | 12 | | has been wrongfully imprisoned, the Department shall verify | 13 | | the released person's full name, date of birth, and social | 14 | | security number. If verification is made by the Department by | 15 | | obtaining a certified copy of the released person's birth | 16 | | certificate and the released person's social security card or | 17 | | other documents authorized by the Secretary, the Department | 18 | | shall provide the birth certificate and social security card | 19 | | or other documents authorized by the Secretary to the released | 20 | | person. If verification by the Department is done by means | 21 | | other than obtaining a certified copy of the released person's | 22 | | birth certificate and the released person's social security | 23 | | card or other documents authorized by the Secretary, the | 24 | | Department shall complete a verification form, prescribed by | 25 | | the Secretary of State, and shall provide that verification | 26 | | form to the released person.
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| 1 | | (f) Forty-five days prior to the scheduled discharge of a | 2 | | person committed to the custody of the Department of | 3 | | Corrections, the Department shall give the person: | 4 | | (1) who is otherwise uninsured an opportunity to apply | 5 | | for health care coverage including medical assistance | 6 | | under Article V of the Illinois Public Aid Code in | 7 | | accordance with subsection (b) of Section 1-8.5 of the | 8 | | Illinois Public Aid Code, and the Department of | 9 | | Corrections shall provide assistance with completion of | 10 | | the application for health care coverage including medical | 11 | | assistance; | 12 | | (2) information about obtaining a standard Illinois | 13 | | Identification Card or a limited-term Illinois | 14 | | Identification Card under Section 4 of the Illinois | 15 | | Identification Card Act; | 16 | | (3) information about voter registration and may | 17 | | distribute information prepared by the State Board of | 18 | | Elections. The Department of Corrections may enter into an | 19 | | interagency contract with the State Board of Elections to | 20 | | participate in the automatic voter registration program | 21 | | and be a designated automatic voter registration agency | 22 | | under Section 1A-16.2 of the Election Code; | 23 | | (4) information about job listings upon discharge from | 24 | | the correctional institution or facility; | 25 | | (5) information about available housing upon discharge | 26 | | from the correctional institution or facility; |
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| 1 | | (6) a directory of elected State officials and of | 2 | | officials elected in the county and municipality, if any, | 3 | | in which the committed person intends to reside upon | 4 | | discharge from the correctional institution or facility; | 5 | | and | 6 | | (7) any other information that the Department of | 7 | | Corrections deems necessary to provide the committed | 8 | | person in order for the committed person to reenter the | 9 | | community and avoid recidivism. | 10 | | The Department may adopt rules to implement this Section. | 11 | | (Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; | 12 | | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff. | 13 | | 1-1-22; 102-813, eff. 5-13-22.)
| 14 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 15 | | Sec. 5-5-5. Loss and restoration of rights.
| 16 | | (a) Conviction and disposition shall not entail the loss | 17 | | by the
defendant of any civil rights, except under this | 18 | | Section and Sections 29-6
and 29-10 of The Election Code, as | 19 | | now or hereafter amended.
| 20 | | (b) A person convicted of a felony shall be ineligible to | 21 | | hold an office
created by the Constitution of this State until | 22 | | the completion of his sentence.
| 23 | | (c) A person convicted of a felony or otherwise under | 24 | | sentence in a correctional institution shall have his or her | 25 | | right to vote restored not later than 14 days following his or |
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| 1 | | her conviction sentenced to imprisonment shall lose his right | 2 | | to vote
until released from imprisonment .
| 3 | | (d) On completion of sentence of imprisonment or upon | 4 | | discharge from
probation, conditional discharge or periodic | 5 | | imprisonment, or at any time
thereafter, all license rights | 6 | | and privileges
granted under the authority of this State which | 7 | | have been revoked or
suspended because of conviction of an | 8 | | offense shall be restored unless the
authority having | 9 | | jurisdiction of such license rights finds after
investigation | 10 | | and hearing that restoration is not in the public interest.
| 11 | | This paragraph (d) shall not apply to the suspension or | 12 | | revocation of a
license to operate a motor vehicle under the | 13 | | Illinois Vehicle Code.
| 14 | | (e) Upon a person's discharge from incarceration or | 15 | | parole, or upon a
person's discharge from probation or at any | 16 | | time thereafter, the committing
court may enter an order | 17 | | certifying that the sentence has been
satisfactorily completed | 18 | | when the court believes it would assist in the
rehabilitation | 19 | | of the person and be consistent with the public welfare.
Such | 20 | | order may be entered upon the motion of the defendant or the | 21 | | State or
upon the court's own motion.
| 22 | | (f) Upon entry of the order, the court shall issue to the | 23 | | person in
whose favor the order has been entered a certificate | 24 | | stating that his
behavior after conviction has warranted the | 25 | | issuance of the order.
| 26 | | (g) This Section shall not affect the right of a defendant |
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| 1 | | to
collaterally attack his conviction or to rely on it in bar | 2 | | of subsequent
proceedings for the same offense.
| 3 | | (h) No application for any license specified in subsection | 4 | | (i) of this
Section granted under the
authority of this State | 5 | | shall be denied by reason of an eligible offender who
has | 6 | | obtained a certificate of relief from disabilities, as
defined | 7 | | in Article 5.5 of this Chapter, having been previously | 8 | | convicted of one
or more
criminal offenses, or by reason of a | 9 | | finding of lack of "good moral
character" when the finding is | 10 | | based upon the fact that the applicant has
previously been | 11 | | convicted of one or more criminal offenses, unless:
| 12 | | (1) there is a direct relationship between one or more | 13 | | of the previous
criminal offenses and the specific license | 14 | | sought; or
| 15 | | (2) the issuance of the license would
involve an | 16 | | unreasonable risk to property or to the safety or welfare | 17 | | of
specific individuals or the general public.
| 18 | | In making such a determination, the licensing agency shall | 19 | | consider the
following factors:
| 20 | | (1) the public policy of this State, as expressed in | 21 | | Article 5.5 of this
Chapter, to encourage the licensure | 22 | | and employment of persons previously
convicted of one or | 23 | | more criminal offenses;
| 24 | | (2) the specific duties and responsibilities | 25 | | necessarily related to the
license being sought;
| 26 | | (3) the bearing, if any, the criminal offenses or |
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| 1 | | offenses for which the
person
was previously convicted | 2 | | will have on his or her fitness or ability to perform
one | 3 | | or
more such duties and responsibilities;
| 4 | | (4) the time which has elapsed since the occurrence of | 5 | | the criminal
offense or offenses;
| 6 | | (5) the age of the person at the time of occurrence of | 7 | | the criminal
offense or offenses;
| 8 | | (6) the seriousness of the offense or offenses;
| 9 | | (7) any information produced by the person or produced | 10 | | on his or her
behalf in
regard to his or her rehabilitation | 11 | | and good conduct, including a certificate
of relief from | 12 | | disabilities issued to the applicant, which certificate | 13 | | shall
create a presumption of rehabilitation in regard to | 14 | | the offense or offenses
specified in the certificate; and
| 15 | | (8) the legitimate interest of the licensing agency in | 16 | | protecting
property, and
the safety and welfare of | 17 | | specific individuals or the general public.
| 18 | | (i) A certificate of relief from disabilities shall be | 19 | | issued only
for a
license or certification issued under the | 20 | | following Acts:
| 21 | | (1) the Animal Welfare Act; except that a certificate | 22 | | of relief from
disabilities may not be granted
to provide | 23 | | for
the
issuance or restoration of a license under the | 24 | | Animal Welfare Act for any
person convicted of violating | 25 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 26 | | Care for Animals Act or Section 26-5 or 48-1 of the |
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| 1 | | Criminal Code of
1961 or the Criminal Code of 2012;
| 2 | | (2) the Illinois Athletic Trainers Practice Act;
| 3 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 4 | | and Nail Technology Act of 1985;
| 5 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 6 | | Act;
| 7 | | (5) the Boxing and Full-contact Martial Arts Act;
| 8 | | (6) the Illinois Certified Shorthand Reporters Act of | 9 | | 1984;
| 10 | | (7) the Illinois Farm Labor Contractor Certification | 11 | | Act;
| 12 | | (8) the Registered Interior Designers Act;
| 13 | | (9) the Illinois Professional Land Surveyor Act of | 14 | | 1989;
| 15 | | (10) the Landscape Architecture Registration Act;
| 16 | | (11) the Marriage and Family Therapy Licensing Act;
| 17 | | (12) the Private Employment Agency Act;
| 18 | | (13) the Professional Counselor and Clinical | 19 | | Professional Counselor
Licensing and Practice
Act;
| 20 | | (14) the Real Estate License Act of 2000;
| 21 | | (15) the Illinois Roofing Industry Licensing Act; | 22 | | (16) the Professional Engineering Practice Act of | 23 | | 1989; | 24 | | (17) the Water Well and Pump Installation Contractor's | 25 | | License Act; | 26 | | (18) the Electrologist Licensing Act;
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| | | 10300HB0039ham001 | - 21 - | LRB103 03515 BMS 58015 a |
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| 1 | | (19) the Auction License Act; | 2 | | (20) the Illinois Architecture Practice Act of 1989; | 3 | | (21) the Dietitian Nutritionist Practice Act; | 4 | | (22) the Environmental Health Practitioner Licensing | 5 | | Act; | 6 | | (23) the Funeral Directors and Embalmers Licensing | 7 | | Code; | 8 | | (24) (blank); | 9 | | (25) the Professional Geologist Licensing Act; | 10 | | (26) the Illinois Public Accounting Act; and | 11 | | (27) the Structural Engineering Practice Act of 1989.
| 12 | | (Source: P.A. 102-284, eff. 8-6-21.)
| 13 | | Section 99. Effective date. This Act takes effect January | 14 | | 1, 2024.".
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