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| Public Act 101-0154 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 5-5.5-25 as follows:
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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 | ||||
provided in this Section to relieve an eligible offender of any | ||||
employment, occupational licensing, or housing bar. The | ||||
certificate may be limited to one or more disabilities or bars | ||||
or may relieve the individual of all disabilities and bars. | ||||
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 Corrections, Department of | ||||
Juvenile Justice, or any other law enforcement agency in the | ||||
State.
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(a-6)
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.
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(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.
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(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.
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(iii) A certificate of good conduct does not limit any the | ||
employer, landlord, judicial proceeding, administrative, | ||
licensing, or other body, board, or authority from accessing | ||
criminal background information; nor does it hide, alter, or | ||
expunge the record. | ||
(c) An employer is not civilly or criminally liable for an | ||
act or omission by an employee who has been issued a | ||
certificate of good conduct, except for a willful or wanton act | ||
by the employer in hiring the employee who has been issued a | ||
certificate of good conduct. | ||
(d) The existence of a certificate of good conduct does not | ||
preclude a landlord or an administrative, licensing, or other | ||
body, board, or authority from retaining full discretion to | ||
grant or deny the application for housing or licensure. | ||
(Source: P.A. 96-852, eff. 1-1-10.)
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