SB 1050 — CRIMINAL LAW-TECH

SB1050 EnrolledRe-Enrolled LRB096 07121 RLC 17207 b AN ACT concerning criminal law.

(4) To prescribe rules and regulations defining, for SB1050 EnrolledRe-Enrolled - 2 - LRB096 07121 RLC 17207 b the respective professions, trades, and occupations, what shall constitute a school, college, or university, or department of a university, or other institution, reputable and in good standing, and to determine the reputability and good standing of a school, college, or university, or department of a university, or other institution, reputable and in good standing, by reference to a compliance with those rules and regulations;

The Department shall deny any license or renewal authorized by the Civil Administrative Code of SB1050 EnrolledRe-Enrolled - 3 - LRB096 07121 RLC 17207 b Illinois to any person who has defaulted on an educational loan or scholarship provided by or guaranteed by the Illinois Student Assistance Commission or any governmental agency of this State;

The Department, without further process or hearings, shall revoke, suspend, or deny any license or renewal authorized by the Civil Administrative Code of Illinois to a person who is certified by the Department of Healthcare SB1050 EnrolledRe-Enrolled - 4 - LRB096 07121 RLC 17207 b and Family Services (formerly Illinois Department of Public Aid) as being more than 30 days delinquent in complying with a child support order or who is certified by a court as being in violation of the Non-Support Punishment Act for more than 60 days.

(8) To exchange with the Department of Healthcare and SB1050 EnrolledRe-Enrolled - 5 - LRB096 07121 RLC 17207 b Family Services information that may be necessary for the enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 1984.

(c) For the purpose of securing and preparing evidence, and for the purchase of controlled substances, professional SB1050 EnrolledRe-Enrolled - 6 - LRB096 07121 RLC 17207 b services, and equipment necessary for enforcement activities, recoupment of investigative costs, and other activities directed at suppressing the misuse and abuse of controlled substances, including those activities set forth in Sections 504 and 508 of the Illinois Controlled Substances Act, the Director and agents appointed and authorized by the Director may expend sums from the Professional Regulation Evidence Fund that the Director deems necessary from the amounts appropriated for that purpose.

All such expenditures shall be audited by the Director, and the audit SB1050 EnrolledRe-Enrolled - 7 - LRB096 07121 RLC 17207 b shall be submitted to the Department of Central Management Services for approval.

(g) Notwithstanding anything that may appear in any individual licensing statute or administrative rule, the Department shall deny any license application or renewal authorized under any licensing Act administered by the Department to any person who has failed to file a return, or to pay the tax, penalty, or interest shown in a filed return, or SB1050 EnrolledRe-Enrolled - 8 - LRB096 07121 RLC 17207 b to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirement of any such tax Act are satisfied;

SB1050 EnrolledRe-Enrolled - 9 - LRB096 07121 RLC 17207 b Any suspension imposed under this subsection (g) shall be terminated by the Department upon notification from the Illinois Department of Revenue that the licensee is in compliance with all tax laws administered by the Illinois Department of Revenue.

(i) Within 180 days after the effective date of this amendatory Act of the 96th General Assembly, the Department shall promulgate rules which permit a person with a criminal record, who seeks a license or certificate in an occupation for which a criminal record is not expressly a per se bar, to apply to the Department for a non-binding, advisory opinion to be provided by the Board or body with the authority to issue the license or certificate as to whether his or her criminal record would bar the individual from the licensure or certification sought, should the individual meet all other licensure SB1050 EnrolledRe-Enrolled - 10 - LRB096 07121 RLC 17207 b requirements including, but not limited to, the successful completion of the relevant examinations.

"Eligible offender" means a person who has been convicted of a crime that does not include any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act, the Arsonist Registration Act, or the Child Murderer and Violent Offender Against Youth Registration Act.Act, but who has not been convicted more than twice of a felony.

"Eligible offender" does not include a person who has been convicted of committing or attempting to commit a Class X felony, aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, aggravated domestic battery, or a forcible felony, but who has not been convicted more than twice of a felony 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 SB1050 EnrolledRe-Enrolled - 11 - LRB096 07121 RLC 17207 b violation of Article 11 or Article 12 of the Criminal Code of 1961, but who has not been convicted more than twice of a felony.

SB1050 EnrolledRe-Enrolled - 12 - LRB096 07121 RLC 17207 b (Source:

(c) If a certificate of relief from disabilities is not issued at the time sentence is pronounced it shall only be SB1050 EnrolledRe-Enrolled - 13 - LRB096 07121 RLC 17207 b issued thereafter upon verified application to the court.

The court, in SB1050 EnrolledRe-Enrolled - 14 - LRB096 07121 RLC 17207 b 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.

Notwithstanding any other provision of law, a certificate of good conduct does not relieve an offender of any employment-related disability imposed by law by reason of his or her conviction of a crime that would prevent his or her employment by the Department of CorrectionsCorrections, Department of Juvenile Justice, or any other law enforcement agency in the DepartmentSB1050 ofRe-Enrolled Juvenile- Justice.15 - LRB096 07121 RLC 17207 b State.

SB1050 Enrolled - 15 - LRB096 07121 RLC 17207 b (a-6) (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 by clear and convincing evidence that he or she has been a law-abiding citizen and is fully rehabilitated.

1-1-04.) (730 ILCS 5/5-5.5-30) SB1050 Re-Enrolled - 16 - LRB096 07121 RLC 17207 b Sec.

SB1050(a) EnrolledAfter -a 16rehabilitation -review LRB096has 07121been RLCheld, 17207in ba (a)manner Afterdesignated aby rehabilitationthe reviewchief hasjudge beenof held, the Circuitjudicial Courtcircuit in which the conviction was enteredentered, the Circuit Court of that judicial circuit 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, and shall make a specific finding of rehabilitation with the force and effect of a final judgment on the merits, when the Court Board is satisfied that:

(1) the applicant has demonstrated that there exist specific facts and circumstances and specific sections of Illinois State law that have an adverse impact on the SB1050 Re-Enrolled - 17 - LRB096 07121 RLC 17207 b applicant and warrant the application for relief to be made in Illinois;

and SB1050 Enrolled - 17 - LRB096 07121 RLC 17207 b (2) the provisions of paragraphs (1), (2), and (3) of subsection (a) of this Section have been met.

if the most serious crime of which the individual was convicted is a Class 1, 2, 3, or 4,4 or Class X felony, the minimum period of good conduct shall be 3 years.

(d) If the Circuit Court Prisoner Review Board has issued a certificate of good conduct, the Court Board may at any time issue a new certificate enlarging the relief previously SB1050 Re-Enrolled - 18 - LRB096 07121 RLC 17207 b granted.

SB1050 Enrolled - 18 - LRB096 07121 RLC 17207 b (e) Any certificate of good conduct issued by the Court 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 Prisoner Review 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 Court Board for violation of the conditions of parole or mandatory supervised release.

(a) If a certificate of relief from disabilities is deemed to be temporary and the certificate is revoked, disabilities andSB1050 forfeituresRe-Enrolled thereby- relieved19 shall- beLRB096 reinstated07121 asRLC of17207 theb SB1050and Enrolledforfeitures -thereby 19relieved -shall LRB096be 07121reinstated RLCas 17207of bthe date upon which the person to whom the certificate was issued receives written notice of the revocation.

(b) Any court or board issuing or revoking any certificate underSB1050 thisRe-Enrolled Article- shall20 immediately- fileLRB096 a07121 copyRLC of17207 theb SB1050under Enrolledthis -Article 20shall -immediately LRB096file 07121a RLCcopy 17207of bthe certificate or of the order of revocation with the Director of State Police.