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| | HB2670 Enrolled | | LRB101 09670 JRG 54769 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Department of Professional Regulation Law of |
| 5 | | the
Civil Administrative Code of Illinois is amended by |
| 6 | | changing Section 2105-131 as follows:
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| 7 | | (20 ILCS 2105/2105-131) |
| 8 | | Sec. 2105-131. Applicants with criminal convictions; |
| 9 | | notice of denial. |
| 10 | | (a) For the purposes of this Section, "mitigating factors" |
| 11 | | means any information, evidence, conduct, or circumstances |
| 12 | | before, during, or after the offense or offenses reviewed by |
| 13 | | the Department that may reflect on an applicant's request for |
| 14 | | licensure, registration, or certification through the |
| 15 | | Department, such as 3 years having passed since release from |
| 16 | | confinement. Mitigating factors are not a bar to licensure, |
| 17 | | instead they provide guidance for the Department when |
| 18 | | considering licensure, registration, or certification for an |
| 19 | | applicant with criminal history. |
| 20 | | Except as provided in Section 2105-165 of this Act |
| 21 | | regarding licensing restrictions based on enumerated offenses |
| 22 | | for health care workers as defined in the Health Care Worker |
| 23 | | Self-Referral Act and except as provided in any licensing Act |
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| 1 | | administered by the Department in which convictions of certain |
| 2 | | enumerated offenses are a bar to licensure, the Department, |
| 3 | | upon a finding that an applicant for a license, certificate, or |
| 4 | | registration was previously convicted of a felony or |
| 5 | | misdemeanor that may be grounds for refusing to issue a license |
| 6 | | or certificate or to grant a granting registration, shall |
| 7 | | consider any mitigating factors and evidence of rehabilitation |
| 8 | | contained in the applicant's record, including the |
| 9 | | circumstances surrounding the offense or offenses and any of |
| 10 | | the following, to determine whether a prior conviction will |
| 11 | | impair the ability of the applicant to engage in the practice |
| 12 | | for which a license, certificate, or registration is sought: |
| 13 | | (1) the lack of direct relation of the offense for |
| 14 | | which the applicant was previously convicted to the duties, |
| 15 | | functions, and responsibilities of the position for which a |
| 16 | | license is sought; |
| 17 | | (2) any mitigating factors from the point of arrest or |
| 18 | | indictment when determined to be appropriate, unless |
| 19 | | otherwise specified and including, but not limited to, |
| 20 | | whether 5 years since a felony conviction or 3 years since |
| 21 | | release from confinement for the conviction, whichever is |
| 22 | | later, have passed without 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; |
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| 1 | | (4) the age of the person at the time of the criminal |
| 2 | | offense; |
| 3 | | (4.5) if, due to the applicant's criminal conviction |
| 4 | | history, the applicant would be explicitly prohibited by |
| 5 | | federal rules or regulations from working in the position |
| 6 | | for which a license is sought; |
| 7 | | (5) successful completion of sentence and, for |
| 8 | | applicants serving a term of parole or probation, a |
| 9 | | progress report provided by the applicant's probation or |
| 10 | | parole officer that documents the applicant's compliance |
| 11 | | with conditions of supervision; |
| 12 | | (6) evidence of the applicant's present fitness and |
| 13 | | professional character; |
| 14 | | (7) evidence of rehabilitation or rehabilitative |
| 15 | | effort during or after incarceration, or during or after a |
| 16 | | term of supervision, including, but not limited to, a |
| 17 | | certificate of good conduct under Section 5-5.5-25 of the |
| 18 | | Unified Code of Corrections or certificate of relief from |
| 19 | | disabilities under Section 5-5.5-10 of the Unified Code of |
| 20 | | Corrections; and |
| 21 | | (8) any other mitigating factors that contribute to the |
| 22 | | person's potential and current ability to perform the job |
| 23 | | duties. |
| 24 | | (b) If the Department refuses to issue a license or |
| 25 | | certificate or grant registration to an applicant based upon a |
| 26 | | conviction or convictions, in whole or in part, the Department |
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| 1 | | shall notify the applicant of the denial in writing with the |
| 2 | | following included in the notice of denial: |
| 3 | | (1) a statement about the decision to refuse to grant a |
| 4 | | license, certificate, or registration; |
| 5 | | (2) a list of convictions that the Department |
| 6 | | determined will impair the applicant's ability to engage in |
| 7 | | the position for which a license, registration, or |
| 8 | | certificate is sought; |
| 9 | | (3) a list of convictions that formed the sole or |
| 10 | | partial basis for the refusal to issue a license or |
| 11 | | certificate or grant registration; and |
| 12 | | (4) a summary of the appeal process or the earliest the |
| 13 | | applicant may reapply for a license, certificate, or |
| 14 | | registration, whichever is applicable.
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| 15 | | (Source: P.A. 100-286, eff. 1-1-18.)
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