Bill Amendment: IL SB3403 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIMINAL LAW-TECH
Status: 2016-07-31 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3403 Detail]
Download: Illinois-2015-SB3403-Senate_Amendment_001.html
Bill Title: CRIMINAL LAW-TECH
Status: 2016-07-31 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3403 Detail]
Download: Illinois-2015-SB3403-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3403
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2 | AMENDMENT NO. ______. Amend Senate Bill 3403 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Best | ||||||
5 | Candidate for the Job Act.
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6 | Section 5. Purpose. This Act is intended to ensure that
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7 | public agencies properly consider
persons previously convicted | ||||||
8 | of one or more criminal offenses for
licensure.
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9 | Section 10. Definitions. For the purposes of this Act: | ||||||
10 | "Direct relationship" means that the nature of criminal
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11 | conduct for which the person was convicted has a direct bearing
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12 | on his or her fitness or ability to perform one or more of the | ||||||
13 | duties
or responsibilities necessarily related to the license | ||||||
14 | in question. | ||||||
15 | "License" means any certificate, license, permit, or grant
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1 | of permission required by the laws of this State, its political
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2 | subdivisions, or instrumentalities as a condition for the | ||||||
3 | lawful
practice of any occupation, employment, trade, | ||||||
4 | vocation,
business, or profession. | ||||||
5 | "Public agency" means the State or any local subdivision
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6 | thereof, or any State or local department, agency, board, or
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7 | commission.
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8 | Section 15. Applicability. This Act applies to any person
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9 | who applies for a license at any public agency
who has | ||||||
10 | previously been convicted of one or more
criminal offenses in | ||||||
11 | any jurisdiction or whose conviction of
one or more criminal | ||||||
12 | offenses in any jurisdiction preceded the
granting of a | ||||||
13 | license.
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14 | Section 20. Discrimination against persons previously | ||||||
15 | convicted of one or more criminal offenses prohibited. No
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16 | application for any license, to which the provisions of this
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17 | Act are applicable, shall be denied or acted upon adversely by
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18 | reason of the person having been previously convicted of
one or | ||||||
19 | more criminal offenses or by reason of a finding of lack
of | ||||||
20 | good moral character when that finding is based upon the
fact | ||||||
21 | that the person has previously been convicted of one
or more | ||||||
22 | criminal offenses, unless, after carefully considering
the | ||||||
23 | factors specified in Section 25 of this Act, the licensing
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24 | agency determines that: |
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1 | (1) there is a direct relationship between one or more
of | ||||||
2 | the previous criminal offenses and the specific license
sought | ||||||
3 | or held by the person; and | ||||||
4 | (2) the issuance or continuation of the license or the
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5 | granting would involve a
substantial risk to property or to the | ||||||
6 | safety or welfare
of specific persons or the general public.
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7 | Section 25. Factors to be considered concerning a previous | ||||||
8 | criminal conviction.
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9 | (a) In making a determination under Section 20 of this Act, | ||||||
10 | the
public agency shall consider the following
factors: | ||||||
11 | (1) The public policy of this State to encourage the
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12 | licensure of persons previously convicted of one or more | ||||||
13 | criminal offenses. | ||||||
14 | (2) The specific duties and responsibilities
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15 | necessarily related to the license sought or
held by the | ||||||
16 | person.
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17 | (3) The bearing, if any, the criminal offense or
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18 | offenses for which the person was previously convicted will
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19 | have on his or her fitness or ability to perform one or | ||||||
20 | more of the duties or responsibilities necessarily related | ||||||
21 | to the license in question. | ||||||
22 | (4) Any evidence demonstrating the ability of the | ||||||
23 | applicant to perform the responsibilities of the license in | ||||||
24 | question.
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25 | (5) The time that has elapsed since the occurrence of
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1 | the criminal offense or offenses. | ||||||
2 | (6) The age of the person at the time of the criminal | ||||||
3 | offense or offenses. | ||||||
4 | (7) The seriousness of the offense or offenses. | ||||||
5 | (8) The circumstances surrounding the offense or
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6 | offenses. | ||||||
7 | (9) Any information produced by the person, or produced
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8 | on the person's behalf, in regard to the person's
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9 | rehabilitation and good conduct. | ||||||
10 | (10) The legitimate interest of the public agency
in | ||||||
11 | protecting property, and the safety and
welfare of specific | ||||||
12 | persons or the general public.
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13 | (b) In making a determination under Section 20 of this Act, | ||||||
14 | the
public agency shall also give consideration
to a | ||||||
15 | certificate of relief from disabilities or a certificate
of | ||||||
16 | good conduct issued to the applicant, which certificate
shall | ||||||
17 | create a presumption of rehabilitation in regard to the
offense | ||||||
18 | or offenses specified in the certificate.".
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