Bill Text: IL SB1050 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the supervision of persons on parole or mandatory supervised release.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2009-12-23 - Public Act . . . . . . . . . 96-0852 [SB1050 Detail]

Download: Illinois-2009-SB1050-Enrolled.html

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Full Text of SB1050

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Introduced Engrossed Enrolled Re-Enrolled Senate Amendment 001 Senate Amendment 002 House Amendment 001 House Amendment 002 Amendatory Veto Motion 001 Public Act Governor's Message Printer-Friendly Version PDF Bill Status

SB1050 Re-Enrolled LRB096 07121 RLC 17207 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Professional Regulation Law of
the Civil Administrative Code of Illinois is amended by
changing Section 2105-15 as follows:
(20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
Sec. 2105-15. General powers and duties.
(a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
(1) To authorize examinations in English to ascertain
the qualifications and fitness of applicants to exercise
the profession, trade, or occupation for which the
examination is held.
(2) To prescribe rules and regulations for a fair and
wholly impartial method of examination of candidates to
exercise the respective professions, trades, or
occupations.
(3) To pass upon the qualifications of applicants for
licenses, certificates, and authorities, whether by
examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining, for

SB1050 Re-Enrolled - 2 - LRB096 07121 RLC 17207 b
the respective professions, trades, and occupations, what
shall constitute a school, college, or university, or
department of a university, or other institution,
reputable and in good standing, and to determine the
reputability and good standing of a school, college, or
university, or department of a university, or other
institution, reputable and in good standing, by reference
to a compliance with those rules and regulations; provided,
that no school, college, or university, or department of a
university, or other institution that refuses admittance
to applicants solely on account of race, color, creed, sex,
or national origin shall be considered reputable and in
good standing.
(5) To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as authorized in any
licensing Act administered by the Department with regard to
licenses, certificates, or authorities of persons
exercising the respective professions, trades, or
occupations and to revoke, suspend, refuse to renew, place
on probationary status, or take other disciplinary action
as authorized in any licensing Act administered by the
Department with regard to those licenses, certificates, or
authorities. The Department shall issue a monthly
disciplinary report. The Department shall deny any license
or renewal authorized by the Civil Administrative Code of

SB1050 Re-Enrolled - 3 - LRB096 07121 RLC 17207 b
Illinois to any person who has defaulted on an educational
loan or scholarship provided by or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State; however, the Department may issue a
license or renewal if the aforementioned persons have
established a satisfactory repayment record as determined
by the Illinois Student Assistance Commission or other
appropriate governmental agency of this State.
Additionally, beginning June 1, 1996, any license issued by
the Department may be suspended or revoked if the
Department, after the opportunity for a hearing under the
appropriate licensing Act, finds that the licensee has
failed to make satisfactory repayment to the Illinois
Student Assistance Commission for a delinquent or
defaulted loan. For the purposes of this Section,
"satisfactory repayment record" shall be defined by rule.
The Department shall refuse to issue or renew a license to,
or shall suspend or revoke a license of, any person who,
after receiving notice, fails to comply with a subpoena or
warrant relating to a paternity or child support
proceeding. However, the Department may issue a license or
renewal upon compliance with the subpoena or warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois to
a person who is certified by the Department of Healthcare

SB1050 Re-Enrolled - 4 - LRB096 07121 RLC 17207 b
and Family Services (formerly Illinois Department of
Public Aid) as being more than 30 days delinquent in
complying with a child support order or who is certified by
a court as being in violation of the Non-Support Punishment
Act for more than 60 days. The Department may, however,
issue a license or renewal if the person has established a
satisfactory repayment record as determined by the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or if the person is
determined by the court to be in compliance with the
Non-Support Punishment Act. The Department may implement
this paragraph as added by Public Act 89-6 through the use
of emergency rules in accordance with Section 5-45 of the
Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of
rules to implement this paragraph shall be considered an
emergency and necessary for the public interest, safety,
and welfare.
(6) To transfer jurisdiction of any realty under the
control of the Department to any other department of the
State Government or to acquire or accept federal lands when
the transfer, acquisition, or acceptance is advantageous
to the State and is approved in writing by the Governor.
(7) To formulate rules and regulations necessary for
the enforcement of any Act administered by the Department.
(8) To exchange with the Department of Healthcare and

SB1050 Re-Enrolled - 5 - LRB096 07121 RLC 17207 b
Family Services information that may be necessary for the
enforcement of child support orders entered pursuant to the
Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage
Act of 1984. Notwithstanding any provisions in this Code to
the contrary, the Department of Professional Regulation
shall not be liable under any federal or State law to any
person for any disclosure of information to the Department
of Healthcare and Family Services (formerly Illinois
Department of Public Aid) under this paragraph (8) or for
any other action taken in good faith to comply with the
requirements of this paragraph (8).
(9) To perform other duties prescribed by law.
(b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
(c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional

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services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit

SB1050 Re-Enrolled - 7 - LRB096 07121 RLC 17207 b
shall be submitted to the Department of Central Management
Services for approval.
(d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
(e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 1 of the
Private Business and Vocational Schools Act.
(f) Beginning July 1, 1995, this Section does not apply to
those professions, trades, and occupations licensed under the
Real Estate License Act of 2000, nor does it apply to any
permits, certificates, or other authorizations to do business
provided for in the Land Sales Registration Act of 1989 or the
Illinois Real Estate Time-Share Act.
(g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or

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to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facia evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order by
certified and regular mail to the licensee's last known address
as registered with the Department. The notice shall advise the
licensee that the suspension shall be effective 60 days after
the issuance of the Department's order unless the Department
receives, from the licensee, a request for a hearing before the
Department to dispute the matters contained in the order.

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Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
The Department shall promulgate rules for the
administration of this subsection (g).
(h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. The use of
the title "Retired" shall not constitute representation of
current licensure, registration, or certification. Any person
without an active license, registration, or certificate in a
profession that requires licensure, registration, or
certification shall not be permitted to practice that
profession.
(i) Within 180 days after the effective date of this
amendatory Act of the 96th General Assembly, the Department
shall promulgate rules which permit a person with a criminal
record, who seeks a license or certificate in an occupation for
which a criminal record is not expressly a per se bar, to apply
to the Department for a non-binding, advisory opinion to be
provided by the Board or body with the authority to issue the
license or certificate as to whether his or her criminal record
would bar the individual from the licensure or certification
sought, should the individual meet all other licensure

SB1050 Re-Enrolled - 10 - LRB096 07121 RLC 17207 b
requirements including, but not limited to, the successful
completion of the relevant examinations.
(Source: P.A. 94-452, eff. 1-1-06; 94-462, eff. 8-4-05; 95-331,
eff. 8-21-07.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 5-5.5-5, 5-5.5-15, 5-5.5-25, 5-5.5-30,
5-5.5-35 and 5-5.5-40 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, but who has not been convicted more than
twice of a felony. "Eligible offender" does not include a
person who has been convicted of committing or attempting to
commit a Class X felony, aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, aggravated domestic
battery, or a forcible felony 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

SB1050 Re-Enrolled - 11 - LRB096 07121 RLC 17207 b
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
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.
"Forcible felony" means first degree murder, second degree
murder, aggravated arson, arson, aggravated kidnapping,
kidnapping, aggravated battery that resulted in great bodily
harm or permanent disability, and any other felony which
involved the use of physical force or violence against any
individual that resulted in great bodily harm or permanent
disability.

SB1050 Re-Enrolled - 12 - LRB096 07121 RLC 17207 b
(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 the 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 pronounced, in which case it may grant relief 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, based on clear and convincing evidence,
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

SB1050 Re-Enrolled - 13 - LRB096 07121 RLC 17207 b
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.
(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

SB1050 Re-Enrolled - 14 - LRB096 07121 RLC 17207 b
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.
(f) An employer is not civilly or criminally liable for an
act or omission by an employee who has been issued a
certificate of relief from disabilities, except for a willful
or wanton act by the employer in hiring the employee who has
been issued a certificate of relief from disabilities.
(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
employment 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

SB1050 Re-Enrolled - 15 - LRB096 07121 RLC 17207 b
State.
(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 by clear and
convincing evidence 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.
(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.
(Source: P.A. 93-207, eff. 1-1-04.)
(730 ILCS 5/5-5.5-30)

SB1050 Re-Enrolled - 16 - LRB096 07121 RLC 17207 b
Sec. 5-5.5-30. Issuance of certificate of good conduct.
(a) After a rehabilitation review has been held, in a
manner designated by the chief judge of the judicial circuit in
which the conviction was entered, the Circuit Court of that
judicial circuit 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 eligible offender previously
convicted of a crime in this State, and shall make a specific
finding of rehabilitation with the force and effect of a final
judgment on the merits, when the Court 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 Circuit Court 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 Court
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

SB1050 Re-Enrolled - 17 - LRB096 07121 RLC 17207 b
applicant and warrant the application for relief to be made
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 Circuit Court 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 Circuit Court Prisoner Review Board has issued a
certificate of good conduct, the Court Board may at any time
issue a new certificate enlarging the relief previously

SB1050 Re-Enrolled - 18 - LRB096 07121 RLC 17207 b
granted.
(e) Any certificate of good conduct issued by the Court
Prisoner 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 Prisoner Review
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 Court 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.
(f) The Court shall, upon notice to a certificate holder,
have the power to revoke a certificate of good conduct upon a
subsequent conviction.
(Source: P.A. 93-207, eff. 1-1-04.)
(730 ILCS 5/5-5.5-35)
Sec. 5-5.5-35. Effect of revocation; use of revoked
certificate.
(a) If a certificate of relief from disabilities is deemed
to be temporary and the certificate is revoked, disabilities

SB1050 Re-Enrolled - 19 - LRB096 07121 RLC 17207 b
and forfeitures thereby relieved shall be reinstated as of the
date upon which the person to whom the certificate was issued
receives written notice of the revocation. Any such person
shall upon receipt of the notice surrender the certificate to
the issuing court or Board.
(b) A person who knowingly uses or attempts to use a
revoked certificate of relief from disabilities in order to
obtain or to exercise any right or privilege that he or she
would not be entitled to obtain or to exercise without a valid
certificate is guilty of a Class A misdemeanor.
(Source: P.A. 93-207, eff. 1-1-04.)
(730 ILCS 5/5-5.5-40)
Sec. 5-5.5-40. Forms and filing.
(a) All applications, certificates, and orders of
revocation necessary for the purposes of this Article shall be
upon forms prescribed by under an agreement among the Director
of Corrections and the Chairman of the Prisoner Review Board
and the Chief Justice of the Supreme Court or his or her
designee. The forms relating to certificates of relief from
disabilities and certificates of good conduct shall be
distributed by the Director of the Division of Probation
Services and forms relating to certificates of good conduct
shall be distributed by the Chairman of the Prisoner Review
Board.
(b) Any court or board issuing or revoking any certificate

SB1050 Re-Enrolled - 20 - LRB096 07121 RLC 17207 b
under this Article shall immediately file a copy of the
certificate or of the order of revocation with the Director of
State Police.
(Source: P.A. 93-207, eff. 1-1-04.)
(730 ILCS 5/5-5.5-20 rep.)
Section 15. The Unified Code of Corrections is amended by
repealing Section 5-5.5-20.
Section 99. Effective date. This Act takes effect upon
becoming law, except that Sections 10 and 15 take effect

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