Public Act 093-0207
Public Act 93-0207 of the 93rd General Assembly
Public Act 93-0207
HB0569 Enrolled LRB093 05565 MBS 05657 b
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 31-1a as follows:
(720 ILCS 5/31-1a) (from Ch. 38, par. 31-1a)
Sec. 31-1a. Disarming a peace officer or correctional
institution employee. A person who, without the consent of a
peace officer or correctional institution employee as defined
in subsection (b) of Section 31-1, takes or attempts to take
a weapon from knowingly disarms a person known to him or her
to be a peace officer or correctional institution employee,
while the peace officer or correctional institution employee
is engaged in the performance of his or her official duties
by taking a firearm from the person of the peace officer or
from an area within the peace officer's or correctional
institution employee's immediate presence is without the
peace officer's consent shall be guilty of a Class 2 felony.
(Source: P.A. 84-181.)
Section 10. The Unified Code of Corrections is amended
by changing Sections 3-3-2 and 5-5-5 and adding Article 5.5
to Chapter V as follows:
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and Duties.
(a) The Parole and Pardon Board is abolished and the
term "Parole and Pardon Board" as used in any law of
Illinois, shall read "Prisoner Review Board." After the
effective date of this amendatory Act of 1977, the Prisoner
Review Board shall provide by rule for the orderly transition
of all files, records, and documents of the Parole and Pardon
Board and for such other steps as may be necessary to effect
an orderly transition and shall:
(1) hear by at least one member and through a panel
of at least 3 members decide, cases of prisoners who were
sentenced under the law in effect prior to the effective
date of this amendatory Act of 1977, and who are eligible
for parole;
(2) hear by at least one member and through a panel
of at least 3 members decide, the conditions of parole
and the time of discharge from parole, impose sanctions
for violations of parole, and revoke parole for those
sentenced under the law in effect prior to this
amendatory Act of 1977; provided that the decision to
parole and the conditions of parole for all prisoners who
were sentenced for first degree murder or who received a
minimum sentence of 20 years or more under the law in
effect prior to February 1, 1978 shall be determined by a
majority vote of the Prisoner Review Board;
(3) hear by at least one member and through a panel
of at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from
mandatory supervised release, impose sanctions for
violations of mandatory supervised release, and revoke
mandatory supervised release for those sentenced under
the law in effect after the effective date of this
amendatory Act of 1977;
(4) hear by at least 1 member and through a panel
of at least 3 members, decide cases brought by the
Department of Corrections against a prisoner in the
custody of the Department for alleged violation of
Department rules with respect to good conduct credits
pursuant to Section 3-6-3 of this Code in which the
Department seeks to revoke good conduct credits, if the
amount of time at issue exceeds 30 days or when, during
any 12 month period, the cumulative amount of credit
revoked exceeds 30 days except where the infraction is
committed or discovered within 60 days of scheduled
release. In such cases, the Department of Corrections may
revoke up to 30 days of good conduct credit. The Board
may subsequently approve the revocation of additional
good conduct credit, if the Department seeks to revoke
good conduct credit in excess of thirty days. However,
the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days
of good conduct credit for any prisoner or to increase
any penalty beyond the length requested by the
Department;
(5) hear by at least one member and through a panel
of at least 3 members decide, the release dates for
certain prisoners sentenced under the law in existence
prior to the effective date of this amendatory Act of
1977, in accordance with Section 3-3-2.1 of this Code;
(6) hear by at least one member and through a panel
of at least 3 members decide, all requests for pardon,
reprieve or commutation, and make confidential
recommendations to the Governor;
(7) comply with the requirements of the Open Parole
Hearings Act; and
(8) hear by at least one member and, through a
panel of at least 3 members, decide cases brought by the
Department of Corrections against a prisoner in the
custody of the Department for court dismissal of a
frivolous lawsuit pursuant to Section 3-6-3(d) of this
Code in which the Department seeks to revoke up to 180
days of good conduct credit, and if the prisoner has not
accumulated 180 days of good conduct credit at the time
of the dismissal, then all good conduct credit
accumulated by the prisoner shall be revoked; and.
(9) hear by at least 3 members, and, through a
panel of at least 3 members, decide whether to grant
certificates of relief from disabilities or certificates
of good conduct as provided in Article 5.5 of Chapter V.
(a-5) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and
the Department of Central Management Services, shall
implement a pilot project in 3 correctional institutions
providing for the conduct of hearings under paragraphs (1)
and (4) of subsection (a) of this Section through interactive
video conferences. The project shall be implemented within 6
months after the effective date of this amendatory Act of
1996. Within 6 months after the implementation of the pilot
project, the Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and
the Department of Central Management Services, shall report
to the Governor and the General Assembly regarding the use,
costs, effectiveness, and future viability of interactive
video conferences for Prisoner Review Board hearings.
(b) Upon recommendation of the Department the Board may
restore good conduct credit previously revoked.
(c) The Board shall cooperate with the Department in
promoting an effective system of parole and mandatory
supervised release.
(d) The Board shall promulgate rules for the conduct of
its work, and the Chairman shall file a copy of such rules
and any amendments thereto with the Director and with the
Secretary of State.
(e) The Board shall keep records of all of its official
actions and shall make them accessible in accordance with law
and the rules of the Board.
(f) The Board or one who has allegedly violated the
conditions of his parole or mandatory supervised release may
require by subpoena the attendance and testimony of witnesses
and the production of documentary evidence relating to any
matter under investigation or hearing. The Chairman of the
Board may sign subpoenas which shall be served by any agent
or public official authorized by the Chairman of the Board,
or by any person lawfully authorized to serve a subpoena
under the laws of the State of Illinois. The attendance of
witnesses, and the production of documentary evidence, may be
required from any place in the State to a hearing location in
the State before the Chairman of the Board or his designated
agent or agents or any duly constituted Committee or
Subcommittee of the Board. Witnesses so summoned shall be
paid the same fees and mileage that are paid witnesses in the
circuit courts of the State, and witnesses whose depositions
are taken and the persons taking those depositions are each
entitled to the same fees as are paid for like services in
actions in the circuit courts of the State. Fees and mileage
shall be vouchered for payment when the witness is discharged
from further attendance.
In case of disobedience to a subpoena, the Board may
petition any circuit court of the State for an order
requiring the attendance and testimony of witnesses or the
production of documentary evidence or both. A copy of such
petition shall be served by personal service or by registered
or certified mail upon the person who has failed to obey the
subpoena, and such person shall be advised in writing that a
hearing upon the petition will be requested in a court room
to be designated in such notice before the judge hearing
motions or extraordinary remedies at a specified time, on a
specified date, not less than 10 nor more than 15 days after
the deposit of the copy of the written notice and petition in
the U.S. mails addressed to the person at his last known
address or after the personal service of the copy of the
notice and petition upon such person. The court upon the
filing of such a petition, may order the person refusing to
obey the subpoena to appear at an investigation or hearing,
or to there produce documentary evidence, if so ordered, or
to give evidence relative to the subject matter of that
investigation or hearing. Any failure to obey such order of
the circuit court may be punished by that court as a contempt
of court.
Each member of the Board and any hearing officer
designated by the Board shall have the power to administer
oaths and to take the testimony of persons under oath.
(g) Except under subsection (a) of this Section, a
majority of the members then appointed to the Prisoner Review
Board shall constitute a quorum for the transaction of all
business of the Board.
(h) The Prisoner Review Board shall annually transmit to
the Director a detailed report of its work for the preceding
calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(Source: P.A. 90-14, eff. 7-1-97; 91-798, eff. 7-9-00;
91-946, eff. 2-9-01.)
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
Sec. 5-5-5. Loss and Restoration of Rights.
(a) Conviction and disposition shall not entail the loss
by the defendant of any civil rights, except under this
Section and Sections 29-6 and 29-10 of The Election Code, as
now or hereafter amended.
(b) A person convicted of a felony shall be ineligible
to hold an office created by the Constitution of this State
until the completion of his sentence.
(c) A person sentenced to imprisonment shall lose his
right to vote until released from imprisonment.
(d) On completion of sentence of imprisonment or upon
discharge from probation, conditional discharge or periodic
imprisonment, or at any time thereafter, all license rights
and privileges granted under the authority of this State
which have been revoked or suspended because of conviction of
an offense shall be restored unless the authority having
jurisdiction of such license rights finds after investigation
and hearing that restoration is not in the public interest.
This paragraph (d) shall not apply to the suspension or
revocation of a license to operate a motor vehicle under the
Illinois Vehicle Code.
(e) Upon a person's discharge from incarceration or
parole, or upon a person's discharge from probation or at any
time thereafter, the committing court may enter an order
certifying that the sentence has been satisfactorily
completed when the court believes it would assist in the
rehabilitation of the person and be consistent with the
public welfare. Such order may be entered upon the motion of
the defendant or the State or upon the court's own motion.
(f) Upon entry of the order, the court shall issue to
the person in whose favor the order has been entered a
certificate stating that his behavior after conviction has
warranted the issuance of the order.
(g) This Section shall not affect the right of a
defendant to collaterally attack his conviction or to rely on
it in bar of subsequent proceedings for the same offense.
(h) No application for any license specified in
subsection (i) of this Section granted under the authority of
this State shall be denied by reason of an eligible offender
who has obtained a certificate of relief from disabilities,
as defined in Article 5.5 of this Chapter, having been
previously convicted of one or more criminal offenses, or by
reason of a finding of lack of "good moral character" when
the finding is based upon the fact that the applicant has
previously been convicted of one or more criminal offenses,
unless:
(1) there is a direct relationship between one or
more of the previous criminal offenses and the specific
license sought; or
(2) the issuance of the license would involve an
unreasonable risk to property or to the safety or welfare
of specific individuals or the general public.
In making such a determination, the licensing agency
shall consider the following factors:
(1) the public policy of this State, as expressed
in Article 5.5 of this Chapter, to encourage the
licensure and employment of persons previously convicted
of one or more criminal offenses;
(2) the specific duties and responsibilities
necessarily related to the license being sought;
(3) the bearing, if any, the criminal offenses or
offenses for which the person was previously convicted
will have on his or her fitness or ability to perform one
or more such duties and responsibilities;
(4) the time which has elapsed since the occurrence
of the criminal offense or offenses;
(5) the age of the person at the time of occurrence
of the criminal offense or offenses;
(6) the seriousness of the offense or offenses;
(7) any information produced by the person or
produced on his or her behalf in regard to his or her
rehabilitation and good conduct, including a certificate
of relief from disabilities issued to the applicant,
which certificate shall create a presumption of
rehabilitation in regard to the offense or offenses
specified in the certificate; and
(8) the legitimate interest of the licensing agency
in protecting property, and the safety and welfare of
specific individuals or the general public.
(i) A certificate of relief from disabilities shall be
issued only for a license or certification issued under the
following Acts:
(1) the Animal Welfare Act; except that a
certificate of relief from disabilities may not be
granted to provide for the issuance or restoration of a
license under the Animal Welfare Act for any person
convicted of violating Section 3, 3.01, 3.02, 3.03,
3.03-1, or 4.01 of the Humane Care for Animals Act or
Section 26-5 of the Criminal Code of 1961;
(2) the Illinois Athletic Trainers Practice Act;
(3) the Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985;
(4) the Boiler and Pressure Vessel Repairer
Regulation Act;
(5) the Professional Boxing Act;
(6) the Illinois Certified Shorthand Reporters Act
of 1984;
(7) the Illinois Farm Labor Contractor
Certification Act;
(8) the Interior Design Title Act;
(9) the Illinois Professional Land Surveyor Act of
1989;
(10) the Illinois Landscape Architecture Act of
1989;
(11) the Marriage and Family Therapy Licensing Act;
(12) the Private Employment Agency Act;
(13) the Professional Counselor and Clinical
Professional Counselor Licensing Act;
(14) the Real Estate License Act of 2000; and
(15) the Illinois Roofing Industry Licensing Act.
(Source: P.A. 86-558.)
(730 ILCS 5/Chap. V, Art. 5.5 heading new)
ARTICLE 5.5. DISCRETIONARY RELIEF FROM FORFEITURES AND
DISABILITIES AUTOMATICALLY IMPOSED BY LAW
(730 ILCS 5/5-5.5-5 new)
Sec. 5-5.5-5. Definitions and rules of construction. In
this Article:
"Eligible offender" means a person who has been convicted
of a crime or of an offense that is not a crime of violence
as defined in Section 2 of the Crime Victims Compensation
Act, a Class X or a nonprobationable offense, or a violation
of Article 11 or Article 12 of the Criminal Code of 1961, but
who has not been convicted more than once of a felony.
"Felony" means a conviction of a felony in this State, or
of an offense in any other jurisdiction for which a sentence
to a term of imprisonment in excess of one year, was
authorized.
For the purposes of this Article the following rules of
construction apply:
(i) two or more convictions of felonies charged in
separate counts of one indictment or information shall be
deemed to be one conviction;
(ii) two or more convictions of felonies charged in
2 or more indictments or informations, filed in the same
court prior to entry of judgment under any of them, shall
be deemed to be one conviction; and
(iii) a plea or a verdict of guilty upon which a
sentence of probation, conditional discharge, or
supervision has been imposed shall be deemed to be a
conviction.
(730 ILCS 5/5-5.5-10 new)
Sec. 5-5.5-10. Certificate of relief from disabilities.
(a) A certificate of relief from disabilities does not,
however, in any way prevent any judicial proceeding,
administrative, licensing, or other body, board, or authority
from relying upon the conviction specified in the certificate
as the basis for the exercise of its discretionary power to
suspend, revoke, or refuse to issue or refuse to renew any
license, permit, or other authority or privilege.
(b) A certificate of relief from disabilities shall not
limit or prevent the introduction of evidence of a prior
conviction for purposes of impeachment of a witness in a
judicial or other proceeding where otherwise authorized by
the applicable rules of evidence.
(730 ILCS 5/5-5.5-15 new)
Sec. 5-5.5-15. Certificates of relief from disabilities
issued by courts.
(a) Any circuit court of this State may, in its
discretion, issue a certificate of relief from disabilities
to an eligible offender for a conviction that occurred in
that court if the court imposed a sentence other than one
executed by commitment to an institution under the Department
of Corrections. The certificate may be issued (i) at the time
sentence is pronounced, in which case it may grant relief
from disabilities, or (ii) at any time thereafter, in which
case it shall apply only to disabilities.
(b) The certificate may not be issued by the court
unless the court is satisfied that:
(1) the person to whom it is to be granted is an
eligible offender, as defined in Section 5-5.5-5;
(2) the relief to be granted by the certificate is
consistent with the rehabilitation of the eligible
offender; and
(3) the relief to be granted by the certificate is
consistent with the public interest.
(c) If a certificate of relief from disabilities is not
issued at the time sentence is pronounced it shall only be
issued thereafter upon verified application to the court. The
court may, for the purpose of determining whether the
certificate shall be issued, request the probation or court
services department to conduct an investigation of the
applicant. Any probation officer requested to make an
investigation under this Section shall prepare and submit to
the court a written report in accordance with the request.
(d) Any court that has issued a certificate of relief
from disabilities may at any time issue a new certificate to
enlarge the relief previously granted provided that the
provisions of clauses (1) through (3) of subsection (b) of
this Section apply to the issuance of any such new
certificate.
(e) Any written report submitted to the court under this
Section is confidential and may not be made available to any
person or public or private agency except if specifically
required or permitted by statute or upon specific
authorization of the court. However, it shall be made
available by the court for examination by the applicant's
attorney, or the applicant himself or herself, if he or she
has no attorney. In its discretion, the court may except from
disclosure a part or parts of the report that are not
relevant to the granting of a certificate, or sources of
information which have been obtained on a promise of
confidentiality, or any other portion of the report,
disclosure of which would not be in the interest of justice.
The action of the court excepting information from disclosure
shall be subject to appellate review. The court, in its
discretion, may hold a conference in open court or in
chambers to afford an applicant an opportunity to controvert
or to comment upon any portions of the report. The court may
also conduct a summary hearing at the conference on any
matter relevant to the granting of the application and may
take testimony under oath.
(730 ILCS 5/5-5.5-20 new)
Sec. 5-5.5-20. Certificates of relief from disabilities
issued by the Prisoner Review Board.
(a) The Prisoner Review Board shall have the power to
issue a certificate of relief from disabilities to:
(1) any eligible offender who has been committed
to an institution under the jurisdiction of the
Department of Corrections. The certificate may be issued
by the Board at the time the offender is released from
the institution under the conditions of parole or
mandatory supervised release or at any time thereafter;
or
(2) any eligible offender who resides within this
State and whose judgment of conviction was rendered by a
court in any other jurisdiction.
(b) If the Prisoner Review Board has issued a certificate
of relief from disabilities, the Board may at any time issue
a new certificate enlarging the relief previously granted.
(c) The Prisoner Review Board may not issue any
certificate of relief from disabilities under subsections (a)
or (b), unless the Board is satisfied that:
(1) the person to whom it is to be granted is an
eligible offender, as defined in Section 5-5.5-5;
(2) the relief to be granted by the certificate is
consistent with the rehabilitation of the eligible
offender; and
(3) the relief to be granted by the certificate is
consistent with the public interest.
(d) Any certificate of relief from disabilities issued
by the Prisoner Review Board to an eligible offender, who at
time of the issuance of the certificate is under the
conditions of parole or mandatory supervised release
established by the Board, shall be deemed to be a temporary
certificate until such time as the eligible offender is
discharged from 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. Revocation shall be upon notice to the
parolee or releasee, who shall be accorded an opportunity to
explain the violation prior to a decision on the revocation
of the certificate. If the certificate is not so revoked, it
shall become a permanent certificate upon expiration or
termination of the offender's parole or mandatory supervised
release term.
(e) In granting or revoking a certificate of relief from
disabilities, the action of the Prisoner Review Board shall
be by unanimous vote of the members authorized to grant or
revoke parole or mandatory supervised release.
(f) The certificate may be limited to one or more
enumerated disabilities or bars, or may relieve the
individual of all disabilities and bars.
(730 ILCS 5/5-5.5-25 new)
Sec. 5-5.5-25. Certificate of good conduct.
(a) A certificate of good conduct may be granted as
provided in this Section to an eligible offender as defined
in Section 5-5.5-5 of this Code who has demonstrated that he
or she has been a law-abiding citizen and is fully
rehabilitated.
(b) (i) A certificate of good conduct may not, however,
in any way prevent any judicial proceeding,
administrative, licensing, or other body, board, or
authority from considering the conviction specified in
the certificate.
(ii) A certificate of good conduct shall not limit
or prevent the introduction of evidence of a prior
conviction for purposes of impeachment of a witness in a
judicial or other proceeding where otherwise authorized
by the applicable rules of evidence.
(730 ILCS 5/5-5.5-30 new)
Sec. 5-5.5-30. Issuance of certificate of good conduct.
(a) The Prisoner Review Board, or any 3 members of the
Board by unanimous vote, shall have the power to issue a
certificate of good conduct to any eligible offender
previously convicted of a crime in this State, when the Board
is satisfied that:
(1) the applicant has conducted himself or herself
in a manner warranting the issuance for a minimum period
in accordance with the provisions of subsection (c) of
this Section;
(2) the relief to be granted by the certificate is
consistent with the rehabilitation of the applicant; and
(3) the relief to be granted is consistent with the
public interest.
(b) The Prisoner Review Board, or any 3 members of the
Board by unanimous vote, shall have the power to issue a
certificate of good conduct to any person previously
convicted of a crime in any other jurisdiction, when the
Board is satisfied that the provisions of paragraphs (1),
(2), and (3) of subsection (a) of this Section have been met.
(c) The minimum period of good conduct by the individual
referred to in paragraph (1) of subsection (a) of this
Section, shall be as follows: if the most serious crime of
which the individual was convicted is a misdemeanor, the
minimum period of good conduct shall be one year; if the most
serious crime of which the individual was convicted is a
Class 1, 2, 3, or 4 felony, the minimum period of good
conduct shall be 3 years. Criminal acts committed outside the
State shall be classified as acts committed within the State
based on the maximum sentence that could have been imposed
based upon the conviction under the laws of the foreign
jurisdiction. The minimum period of good conduct by the
individual shall be measured either from the date of the
payment of any fine imposed upon him or her, or from the date
of his or her release from custody by parole, mandatory
supervised release or commutation or termination of his or
her sentence. The Board shall have power and it shall be its
duty to investigate all persons when the application is made
and to grant or deny the same within a reasonable time after
the making of the application.
(d) If the Prisoner Review Board has issued a certificate
of good conduct, the Board may at any time issue a new
certificate enlarging the relief previously granted.
(e) 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.
Revocation shall be upon notice to the parolee or releasee,
who shall be accorded an opportunity to explain the violation
prior to a decision on the revocation. If the certificate is
not so revoked, it shall become a permanent certificate upon
expiration or termination of the offender's parole or
mandatory supervised release term.
(730 ILCS 5/5-5.5-35 new)
Sec. 5-5.5-35. Effect of revocation; use of revoked
certificate.
(a) If a certificate of relief from disabilities is
deemed to be temporary and the certificate is revoked,
disabilities and forfeitures thereby relieved shall be
reinstated as of the date upon which the person to whom the
certificate was issued receives written notice of the
revocation. Any such person shall upon receipt of the notice
surrender the certificate to the issuing court or Board.
(b) A person who knowingly uses or attempts to use a
revoked certificate of relief from disabilities in order to
obtain or to exercise any right or privilege that he or she
would not be entitled to obtain or to exercise without a
valid certificate is guilty of a Class A misdemeanor.
(730 ILCS 5/5-5.5-40 new)
Sec. 5-5.5-40. Forms and filing.
(a) All applications, certificates, and orders of
revocation necessary for the purposes of this Article shall
be upon forms prescribed under an agreement among the
Director of Corrections and the Chairman of the Prisoner
Review Board and the Chief Justice of the Supreme Court or
his or her designee. The forms relating to certificates of
relief from disabilities shall be distributed by the Director
of the Division of Probation Services and forms relating to
certificates of good conduct shall be distributed by the
Chairman of the Prisoner Review Board.
(b) Any court or board issuing or revoking any
certificate under this Article shall immediately file a copy
of the certificate or of the order of revocation with the
Director of State Police.
(730 ILCS 5/5-5.5-45 new)
Sec. 5-5.5-45. Certificate not to be deemed to be a
pardon. Nothing contained in this Article shall be deemed to
alter or limit or affect the manner of applying for pardons
to the Governor, and no certificate issued under this Article
shall be deemed or construed to be a pardon.
(730 ILCS 5/5-5.5-50 new)
Sec. 5-5.5-50. Report. The Department of Professional
Regulation shall report to the General Assembly by November
30 of each year, for each occupational licensure category,
the number of licensure applicants with felony convictions,
the number of applicants with certificates of relief from
disabilities, the number of licenses awarded to applicants
with felony convictions, the number of licenses awarded to
applicants with certificates of relief from disabilities, the
number of applicants with felony convictions denied licenses,
and the number of applicants with certificates of relief from
disabilities denied licenses.
Section 99. Effective date. This Act takes effect
January 1, 2004.
Effective Date: 01/01/04
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