Bill Text: IL HB1074 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections relating to relief from disabilities automatically imposed by law. Provides that the court may grant relief from forfeitures. Defines "eligible offender" for the purposes of relief from disabilities and forfeitures as a person who has been convicted of a crime that does not include an offense or attempted offense that would subject the person to registration under the Sex Offender Registration Act, the Arsonist Registration Act, or the Child Murderer and Violent Offender Against Youth Registration Act (rather than an offense that is not a crime of violence, a Class X or a nonprobationable offense, or a violation of the Sex Offenses or Bodily Harm Articles of the Criminal Code of 1961, but who has not been convicted more than twice of a felony). Provides that "eligible offender" does not include a person who has been convicted of committing or attempting to commit first degree murder. Provides that a certificate of good conduct may be granted to relieve an eligible offender of any employment bar. Provides that the certificate may be limited to one or more enumerated disabilities or bars or may relieve the individual of all disabilities and bars. Provides that a certificate of good conduct does not limit the employer from accessing criminal background information; nor does it hide, alter, or expunge the record. Provides that 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB1074 Detail]

Download: Illinois-2009-HB1074-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB1074 Introduced 2/11/2009, by Rep. Constance A. Howard SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-5.5-5
730 ILCS 5/5-5.5-15
730 ILCS 5/5-5.5-25
730 ILCS 5/5-5.5-30
Amends the Unified Code of Corrections relating to relief from disabilities automatically imposed by law. Provides that the court may grant relief from forfeitures. Defines "eligible offender" for the purposes of relief from disabilities and forfeitures as a person who has been convicted of a crime that does not include an offense or attempted offense that would subject the person to registration under the Sex Offender Registration Act, the Arsonist Registration Act, or the Child Murderer and Violent Offender Against Youth Registration Act (rather than an offense that is not a crime of violence, a Class X or a nonprobationable offense, or a violation of the Sex Offenses or Bodily Harm Articles of the Criminal Code of 1961, but who has not been convicted more than twice of a felony). Provides that "eligible offender" does not include a person who has been convicted of committing or attempting to commit first degree murder. Provides that a certificate of good conduct may be granted to relieve an eligible offender of any employment bar. Provides that the certificate may be limited to one or more enumerated disabilities or bars or may relieve the individual of all disabilities and bars. Provides that a certificate of good conduct does not limit the employer from accessing criminal background information; nor does it hide, alter, or expunge the record. Provides that 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.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 5-5.5-5, 5-5.5-15, 5-5.5-25, and 5-5.5-30 as
follows:
(730 ILCS 5/5-5.5-5)
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 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. "Eligible offender" does not include a person
who has been convicted of committing or attempting to commit
first degree murder 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 twice of a
felony.
"Felony" means a conviction of a felony in this State, or

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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.
(Source: P.A. 93-207, eff. 1-1-04; 94-1067, eff. 8-1-06.)
(730 ILCS 5/5-5.5-15)
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

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pronounced, in which case it may grant relief from forfeiture
of licenses as well as 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.

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(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.
(Source: P.A. 93-207, eff. 1-1-04.)
(730 ILCS 5/5-5.5-25)
Sec. 5-5.5-25. Certificate of good conduct.
(a) A certificate of good conduct may be granted as
provided in this Section to relieve an eligible offender of any

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employment bar as defined in Section 5-5.5-5 of this Code. The
certificate may be limited to one or more enumerated
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.
(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 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.
(iii) A certificate of good conduct does not limit the
employer from accessing criminal background information;
nor does it hide, alter, or expunge the record.
(Source: P.A. 93-207, eff. 1-1-04.)

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(730 ILCS 5/5-5.5-30)
Sec. 5-5.5-30. Issuance of certificate of good conduct.
(a) After a rehabilitation review has been held, The
Prisoner Review Board, or any 3 members of the Prisoner Review
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:
(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
applicant and warrant the application for relief to be made

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in Illinois; and
(2) 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) (Blank) Any certificate of good conduct by the Prisoner

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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.
(Source: P.A. 93-207, eff. 1-1-04.)