Sen. Kwame Raoul
Filed: 3/22/2017
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 1688
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 1688 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Department of Professional Regulation Law | ||||||
5 | of the
Civil Administrative Code of Illinois is amended by | ||||||
6 | changing Sections 2105-130, 2105-135, 2105-205, and 2105-207 | ||||||
7 | and by adding Section 2105-131 as follows: | ||||||
8 | (20 ILCS 2105/2105-130) | ||||||
9 | Sec. 2105-130. Determination of disciplinary sanctions. | ||||||
10 | (a) Following disciplinary proceedings as authorized in | ||||||
11 | any licensing Act administered by the Department, upon a | ||||||
12 | finding by the Department that a person has committed a | ||||||
13 | violation of the licensing Act with regard to licenses, | ||||||
14 | certificates, or authorities of persons exercising the | ||||||
15 | respective professions, trades, or occupations, the Department | ||||||
16 | may revoke, suspend, refuse to renew, place on probationary |
| |||||||
| |||||||
1 | status, fine, or take any other disciplinary action as | ||||||
2 | authorized in the licensing Act with regard to those licenses, | ||||||
3 | certificates, or authorities. When making a determination of | ||||||
4 | the appropriate disciplinary sanction to be imposed, the | ||||||
5 | Department shall consider only evidence contained in the | ||||||
6 | record. The Department shall consider any aggravating or | ||||||
7 | mitigating factors contained in the record when determining the | ||||||
8 | appropriate disciplinary sanction to be imposed. | ||||||
9 | (b) When making a determination of the appropriate | ||||||
10 | disciplinary sanction to be imposed on a licensee , the | ||||||
11 | Department shall consider, but is not limited to, the following | ||||||
12 | aggravating factors contained in the record: | ||||||
13 | (1) the seriousness of the offenses; | ||||||
14 | (2) the presence of multiple offenses; | ||||||
15 | (3) prior disciplinary history, including actions | ||||||
16 | taken by other agencies in this State, by other states or | ||||||
17 | jurisdictions, hospitals, health care facilities, | ||||||
18 | residency programs, employers, or professional liability | ||||||
19 | insurance companies or by any of the armed forces of the | ||||||
20 | United States or any state; | ||||||
21 | (4) the impact of the offenses on any injured party; | ||||||
22 | (5) the vulnerability of any injured party, including, | ||||||
23 | but not limited to, consideration of the injured party's | ||||||
24 | age, disability, or mental illness; | ||||||
25 | (6) the motive for the offenses; | ||||||
26 | (7) the lack of contrition for the offenses; |
| |||||||
| |||||||
1 | (8) financial gain as a result of committing the | ||||||
2 | offenses; and | ||||||
3 | (9) the lack of cooperation with the Department or | ||||||
4 | other investigative authorities. | ||||||
5 | (c) When making a determination of the appropriate | ||||||
6 | disciplinary sanction to be imposed on a licensee , the | ||||||
7 | Department shall consider, but is not limited to, the following | ||||||
8 | mitigating factors contained in the record: | ||||||
9 | (1) the lack of prior disciplinary action by the | ||||||
10 | Department or by other agencies in this State, by other | ||||||
11 | states or jurisdictions, hospitals, health care | ||||||
12 | facilities, residency programs, employers, insurance | ||||||
13 | providers, or by any of the armed forces of the United | ||||||
14 | States or any state; | ||||||
15 | (2) contrition for the offenses; | ||||||
16 | (3) cooperation with the Department or other | ||||||
17 | investigative authorities; | ||||||
18 | (4) restitution to injured parties; | ||||||
19 | (5) whether the misconduct was self-reported; and | ||||||
20 | (6) any voluntary remedial actions taken.
| ||||||
21 | (Source: P.A. 98-1047, eff. 1-1-15 .) | ||||||
22 | (20 ILCS 2105/2105-131 new) | ||||||
23 | Sec. 2105-131. Applicants with criminal convictions; | ||||||
24 | notice of denial. | ||||||
25 | (a) Except as provided in Section 2105-165 of this Act |
| |||||||
| |||||||
1 | regarding licensing restrictions based on enumerated offenses | ||||||
2 | for health care workers as defined in the Health Care Worker | ||||||
3 | Self-Referral Act and except as provided in any licensing Act | ||||||
4 | administered by the Department in which convictions of certain | ||||||
5 | enumerated offenses are a bar to licensure, the Department, | ||||||
6 | upon a finding that an applicant for a license, certificate, or | ||||||
7 | registration was previously convicted of a felony or | ||||||
8 | misdemeanor that may be grounds for refusing to issue a license | ||||||
9 | or certificate or granting registration, shall consider any | ||||||
10 | mitigating factors and evidence of rehabilitation contained in | ||||||
11 | the applicant's record, including any of the following, to | ||||||
12 | determine whether a prior conviction will impair the ability of | ||||||
13 | the applicant to engage in the practice for which a license, | ||||||
14 | certificate, or registration is sought: | ||||||
15 | (1) the lack of direct relation of the offense for | ||||||
16 | which the applicant was previously convicted to the duties, | ||||||
17 | functions, and responsibilities of the position for which a | ||||||
18 | license is sought; | ||||||
19 | (2) unless otherwise specified, whether 5 years since a | ||||||
20 | felony conviction or 3 years since release from confinement | ||||||
21 | for the conviction, whichever is later, have passed without | ||||||
22 | a subsequent conviction; | ||||||
23 | (3) if the applicant was previously licensed or | ||||||
24 | employed in this State or other states or jurisdictions, | ||||||
25 | the lack of prior misconduct arising from or related to the | ||||||
26 | licensed position or position of employment; |
| |||||||
| |||||||
1 | (4) the age of the person at the time of the criminal | ||||||
2 | offense; | ||||||
3 | (5) successful completion of sentence and, for | ||||||
4 | applicants serving a term of parole or probation, a | ||||||
5 | progress report provided by the applicant's probation or | ||||||
6 | parole officer that documents the applicant's compliance | ||||||
7 | with conditions of supervision; | ||||||
8 | (6) evidence of the applicant's present fitness and | ||||||
9 | professional character; | ||||||
10 | (7) evidence of rehabilitation or rehabilitative | ||||||
11 | effort during or after incarceration, or during or after a | ||||||
12 | term of supervision, including, but not limited to, a | ||||||
13 | certificate of good conduct under Section 5-5.5-25 of the | ||||||
14 | Unified Code of Corrections or certificate of relief from | ||||||
15 | disabilities under Section 5-5.5-10 of the Unified Code of | ||||||
16 | Corrections; and | ||||||
17 | (8) any other mitigating factors that contribute to the | ||||||
18 | person's potential and current ability to perform the job | ||||||
19 | duties. | ||||||
20 | (b) If the Department refuses to issue a license or | ||||||
21 | certificate or grant registration to an applicant based upon a | ||||||
22 | conviction or convictions, in whole or in part, the Department | ||||||
23 | shall notify the applicant of the denial in writing with the | ||||||
24 | following included in the notice of denial: | ||||||
25 | (1) a statement about the decision to refuse to grant a | ||||||
26 | license, certificate, or registration; |
| |||||||
| |||||||
1 | (2) a list of convictions that the Department | ||||||
2 | determined will impair the applicant's ability to engage in | ||||||
3 | the position for which a license, registration, or | ||||||
4 | certificate is sought; | ||||||
5 | (3) a list of convictions that formed the sole or | ||||||
6 | partial basis for the refusal to issue a license or | ||||||
7 | certificate or grant registration; and | ||||||
8 | (4) a summary of the appeal process or the earliest the | ||||||
9 | applicant may reapply for a license, certificate, or | ||||||
10 | registration, whichever is applicable. | ||||||
11 | (20 ILCS 2105/2105-135) | ||||||
12 | Sec. 2105-135. Qualification for licensure or | ||||||
13 | registration; good moral character ; applicant conviction | ||||||
14 | records . | ||||||
15 | (a) The practice of professions licensed or registered by | ||||||
16 | the Department is hereby declared to affect the public health, | ||||||
17 | safety, and welfare and to be subject to regulation and control | ||||||
18 | in the public interest. It is further declared to be a matter | ||||||
19 | of public interest and concern that persons who are licensed or | ||||||
20 | registered to engage in any of the professions licensed or | ||||||
21 | registered by the Department are of good moral character, which | ||||||
22 | shall be a continuing requirement of licensure or registration | ||||||
23 | so as to merit and receive the confidence and trust of the | ||||||
24 | public. Upon a finding by the Department that a person has | ||||||
25 | committed a violation of the disciplinary grounds of any |
| |||||||
| |||||||
1 | licensing Act administered by the Department with regard to | ||||||
2 | licenses, certificates, or authorities of persons exercising | ||||||
3 | the respective professions, trades, or occupations, the | ||||||
4 | Department is authorized to revoke, suspend, refuse to renew, | ||||||
5 | place on probationary status, fine, or take any other | ||||||
6 | disciplinary action it deems warranted against any licensee or | ||||||
7 | registrant whose conduct violates the continuing requirement | ||||||
8 | of good moral character. | ||||||
9 | (b) No application for licensure or registration shall be | ||||||
10 | denied by reason of a finding of lack of good moral character | ||||||
11 | when the finding is based solely upon the fact that the | ||||||
12 | applicant has previously been convicted of one or more criminal | ||||||
13 | offenses. When reviewing a prior conviction of an initial | ||||||
14 | applicant for the purpose of determining good moral character, | ||||||
15 | the Department shall consider evidence of rehabilitation and | ||||||
16 | mitigating factors in the applicant's record, including those | ||||||
17 | set forth in subsection (a) of Section 2105-131 of this Act. | ||||||
18 | (c) The Department shall not require applicants to report | ||||||
19 | the following information and shall not consider the following | ||||||
20 | criminal history records in connection with an application for | ||||||
21 | licensure or registration:
| ||||||
22 | (1) juvenile adjudications of delinquent minors as | ||||||
23 | defined in Section 5-105 of the Juvenile Court Act of 1987 | ||||||
24 | subject to the restrictions set forth in Section 5-130 of | ||||||
25 | that Act; | ||||||
26 | (2) law enforcement records, court records, and |
| |||||||
| |||||||
1 | conviction records of an individual who was 17 years old at | ||||||
2 | the time of the offense and before January 1, 2014, unless | ||||||
3 | the nature of the offense required the individual to be | ||||||
4 | tried as an adult; | ||||||
5 | (3) records of arrest not followed by a charge or | ||||||
6 | conviction; | ||||||
7 | (4) records of arrest where the charges were dismissed | ||||||
8 | unless related to the practice of the profession; however, | ||||||
9 | applicants shall not be asked to report any arrests, and an | ||||||
10 | arrest not followed by a conviction shall not be the basis | ||||||
11 | of a denial and may be used only to assess an applicant's | ||||||
12 | rehabilitation; | ||||||
13 | (5) convictions overturned by a higher court; or | ||||||
14 | (6) convictions or arrests that have been sealed or | ||||||
15 | expunged. | ||||||
16 | (Source: P.A. 98-1047, eff. 1-1-15 .)
| ||||||
17 | (20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
| ||||||
18 | Sec. 2105-205. Publication of disciplinary actions ; annual | ||||||
19 | report . | ||||||
20 | (a) The
Department shall publish on its website, at least | ||||||
21 | monthly, final disciplinary actions taken by
the Department | ||||||
22 | against a licensee or applicant pursuant to any licensing Act | ||||||
23 | administered by the Department. The specific disciplinary | ||||||
24 | action and the name of the applicant or
licensee shall be | ||||||
25 | listed.
|
| |||||||
| |||||||
1 | (b) No later than May 1 of each year, the Department must | ||||||
2 | prepare, publicly announce, and publish a report of summary | ||||||
3 | statistical information relating to new license, | ||||||
4 | certification, or registration applications during the | ||||||
5 | preceding calendar year. Each report shall show at minimum: | ||||||
6 | (1) the number of applicants for each new license, | ||||||
7 | certificate, or registration administered by the | ||||||
8 | Department in the previous calendar year; | ||||||
9 | (2) the number of applicants for a new license, | ||||||
10 | certificate, or registration within the previous calendar | ||||||
11 | year who had any criminal conviction; | ||||||
12 | (3) the number of applicants for a new license, | ||||||
13 | certificate, or registration in the previous calendar year | ||||||
14 | who were granted a license, registration, or certificate; | ||||||
15 | (4) the number of applicants for a new license, | ||||||
16 | certificate, or registration within the previous calendar | ||||||
17 | year with a criminal conviction who were granted a license, | ||||||
18 | certificate, or registration in the previous calendar | ||||||
19 | year; | ||||||
20 | (5) the number of applicants for a new license, | ||||||
21 | certificate, or registration in the previous calendar year | ||||||
22 | who were denied a license, registration, or certificate; | ||||||
23 | (6) the number of applicants for new license, | ||||||
24 | certificate, or registration in the previous calendar year | ||||||
25 | with a criminal conviction who were denied a license, | ||||||
26 | certificate, or registration in part or in whole because of |
| |||||||
| |||||||
1 | such conviction; | ||||||
2 | (7) the number of licenses issued on probation within | ||||||
3 | the previous calendar year to applicants with a criminal | ||||||
4 | conviction; and | ||||||
5 | (8) the number of licensees or certificate holders who | ||||||
6 | were granted expungement for a record of discipline based | ||||||
7 | on a conviction predating licensure, certification, or | ||||||
8 | registration or a criminal charge, arrest, or conviction | ||||||
9 | that was dismissed, sealed, or expunged or did not arise | ||||||
10 | from the regulated activity, as a share of the total such | ||||||
11 | expungement requests. | ||||||
12 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
13 | (20 ILCS 2105/2105-207) | ||||||
14 | Sec. 2105-207. Records of Department actions. | ||||||
15 | (a) Any licensee subject to a licensing Act administered by | ||||||
16 | the Division of Professional Regulation and who has been | ||||||
17 | subject to disciplinary action by the Department may file an | ||||||
18 | application with the Department on forms provided by the | ||||||
19 | Department, along with the required fee of $175 $200 , to have | ||||||
20 | the records classified as confidential, not for public release , | ||||||
21 | and considered expunged for reporting purposes if: | ||||||
22 | (1) the application is submitted more than 3 7 years | ||||||
23 | after the disciplinary offense or offenses occurred or | ||||||
24 | after restoration of the license, whichever is later ; | ||||||
25 | (2) the licensee has had no incidents of discipline |
| |||||||
| |||||||
1 | under the licensing Act since the disciplinary offense or | ||||||
2 | offenses identified in the application occurred; | ||||||
3 | (3) the Department has no pending investigations | ||||||
4 | against the licensee; and | ||||||
5 | (4) the licensee is not currently in a disciplinary | ||||||
6 | status. | ||||||
7 | (b) An application to make disciplinary records | ||||||
8 | confidential shall only be considered by the Department for an | ||||||
9 | offense or action relating to: | ||||||
10 | (1) failure to pay taxes or student loans; | ||||||
11 | (2) continuing education; | ||||||
12 | (3) failure to renew a license on time; | ||||||
13 | (4) failure to obtain or renew a certificate of | ||||||
14 | registration or ancillary license; | ||||||
15 | (5) advertising; or | ||||||
16 | (5.1) discipline based on criminal charges or | ||||||
17 | convictions: | ||||||
18 | (A) that did not arise from the licensed activity | ||||||
19 | and was unrelated to the licensed activity; or | ||||||
20 | (B) that were dismissed or for which records have | ||||||
21 | been sealed or expunged. | ||||||
22 | (5.2) past probationary status of a license issued to | ||||||
23 | new applicants on the sole or partial basis of prior | ||||||
24 | convictions; or | ||||||
25 | (6) any grounds for discipline removed from the | ||||||
26 | licensing Act. |
| |||||||
| |||||||
1 | (c) An application shall be submitted to and considered by | ||||||
2 | the Director of the Division of Professional Regulation upon | ||||||
3 | submission of an application and the required non-refundable | ||||||
4 | fee. The Department may establish additional requirements by | ||||||
5 | rule. The Department is not required to report the removal of | ||||||
6 | any disciplinary record to any national database. Nothing in | ||||||
7 | this Section shall prohibit the Department from using a | ||||||
8 | previous discipline for any regulatory purpose or from | ||||||
9 | releasing records of a previous discipline upon request from | ||||||
10 | law enforcement, or other governmental body as permitted by | ||||||
11 | law. Classification of records as confidential shall result in | ||||||
12 | removal of records of discipline from records kept pursuant to | ||||||
13 | Sections 2105-200 and 2105-205 of this Act.
| ||||||
14 | (Source: P.A. 98-816, eff. 8-1-14.) | ||||||
15 | Section 10. The Criminal Identification Act is amended by | ||||||
16 | changing Section 12 as follows:
| ||||||
17 | (20 ILCS 2630/12)
| ||||||
18 | Sec. 12. Entry of order; effect of expungement or sealing | ||||||
19 | records.
| ||||||
20 | (a) Except with respect to law enforcement agencies, the | ||||||
21 | Department of
Corrections, State's Attorneys, or other | ||||||
22 | prosecutors, and as provided in Section 13 of this Act, an | ||||||
23 | expunged or sealed
record may not be considered by any private | ||||||
24 | or
public entity in employment matters, certification, |
| |||||||
| |||||||
1 | licensing, revocation
of certification or licensure, or | ||||||
2 | registration. Applications for
employment must contain | ||||||
3 | specific language which states that the
applicant is not | ||||||
4 | obligated to disclose sealed or expunged records of
conviction | ||||||
5 | or arrest. The entity authorized to grant a license, | ||||||
6 | certification, or registration shall include, in an | ||||||
7 | application for licensure, certification, or registration, | ||||||
8 | specific language stating that the applicant is not obligated | ||||||
9 | to disclose sealed or expunged records of a conviction or | ||||||
10 | arrest; however, if the inclusion of that language in an | ||||||
11 | application for licensure, certification, or registration is | ||||||
12 | not practical, the entity shall publish on its website | ||||||
13 | instructions specifying that applicants are not obligated to | ||||||
14 | disclose sealed or expunged records of a conviction or arrest. | ||||||
15 | Employers may not ask if an applicant has had
records expunged | ||||||
16 | or sealed.
| ||||||
17 | (b) A person whose records have been sealed or expunged is | ||||||
18 | not entitled to
remission of any fines, costs, or other money | ||||||
19 | paid as a consequence of
the sealing or expungement. This | ||||||
20 | amendatory Act of the 93rd General
Assembly does not affect the | ||||||
21 | right of the victim of a crime to prosecute
or defend a civil | ||||||
22 | action for damages. Persons engaged in civil litigation
| ||||||
23 | involving criminal records that have been sealed may
petition | ||||||
24 | the court to open the records for the limited purpose of using
| ||||||
25 | them in the course of litigation.
| ||||||
26 | (Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05 .)".
|