Bill Text: IL SB3434 | 2011-2012 | 97th General Assembly | Introduced


Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning loss and restoration of rights of persons convicted of crimes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3434 Detail]

Download: Illinois-2011-SB3434-Introduced.html


97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3434

Introduced 2/7/2012, by Sen. Thomas Johnson

SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5

Amends the Unified Code of Corrections. Makes a technical change in a Section concerning loss and restoration of rights of persons convicted of crimes.
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A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing Section 5-5-5 as follows:
6 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
7 Sec. 5-5-5. Loss and Restoration of Rights.
8 (a) Conviction and and disposition shall not entail the
9loss by the defendant of any civil rights, except under this
10Section and Sections 29-6 and 29-10 of The Election Code, as
11now or hereafter amended.
12 (b) A person convicted of a felony shall be ineligible to
13hold an office created by the Constitution of this State until
14the completion of his sentence.
15 (c) A person sentenced to imprisonment shall lose his right
16to vote until released from imprisonment.
17 (d) On completion of sentence of imprisonment or upon
18discharge from probation, conditional discharge or periodic
19imprisonment, or at any time thereafter, all license rights and
20privileges granted under the authority of this State which have
21been revoked or suspended because of conviction of an offense
22shall be restored unless the authority having jurisdiction of
23such license rights finds after investigation and hearing that

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1restoration is not in the public interest. This paragraph (d)
2shall not apply to the suspension or revocation of a license to
3operate a motor vehicle under the Illinois Vehicle Code.
4 (e) Upon a person's discharge from incarceration or parole,
5or upon a person's discharge from probation or at any time
6thereafter, the committing court may enter an order certifying
7that the sentence has been satisfactorily completed when the
8court believes it would assist in the rehabilitation of the
9person and be consistent with the public welfare. Such order
10may be entered upon the motion of the defendant or the State or
11upon the court's own motion.
12 (f) Upon entry of the order, the court shall issue to the
13person in whose favor the order has been entered a certificate
14stating that his behavior after conviction has warranted the
15issuance of the order.
16 (g) This Section shall not affect the right of a defendant
17to collaterally attack his conviction or to rely on it in bar
18of subsequent proceedings for the same offense.
19 (h) No application for any license specified in subsection
20(i) of this Section granted under the authority of this State
21shall be denied by reason of an eligible offender who has
22obtained a certificate of relief from disabilities, as defined
23in Article 5.5 of this Chapter, having been previously
24convicted of one or more criminal offenses, or by reason of a
25finding of lack of "good moral character" when the finding is
26based upon the fact that the applicant has previously been

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1convicted of one or more criminal offenses, unless:
2 (1) there is a direct relationship between one or more
3 of the previous criminal offenses and the specific license
4 sought; or
5 (2) the issuance of the license would involve an
6 unreasonable risk to property or to the safety or welfare
7 of specific individuals or the general public.
8 In making such a determination, the licensing agency shall
9consider the following factors:
10 (1) the public policy of this State, as expressed in
11 Article 5.5 of this Chapter, to encourage the licensure and
12 employment of persons previously convicted of one or more
13 criminal offenses;
14 (2) the specific duties and responsibilities
15 necessarily related to the license being sought;
16 (3) the bearing, if any, the criminal offenses or
17 offenses for which the person was previously convicted will
18 have on his or her fitness or ability to perform one or
19 more such duties and responsibilities;
20 (4) the time which has elapsed since the occurrence of
21 the criminal offense or offenses;
22 (5) the age of the person at the time of occurrence of
23 the criminal offense or offenses;
24 (6) the seriousness of the offense or offenses;
25 (7) any information produced by the person or produced
26 on his or her behalf in regard to his or her rehabilitation

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1 and good conduct, including a certificate of relief from
2 disabilities issued to the applicant, which certificate
3 shall create a presumption of rehabilitation in regard to
4 the offense or offenses specified in the certificate; and
5 (8) the legitimate interest of the licensing agency in
6 protecting property, and the safety and welfare of specific
7 individuals or the general public.
8 (i) A certificate of relief from disabilities shall be
9issued only for a license or certification issued under the
10following Acts:
11 (1) the Animal Welfare Act; except that a certificate
12 of relief from disabilities may not be granted to provide
13 for the issuance or restoration of a license under the
14 Animal Welfare Act for any person convicted of violating
15 Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
16 Care for Animals Act or Section 26-5 of the Criminal Code
17 of 1961;
18 (2) the Illinois Athletic Trainers Practice Act;
19 (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
20 and Nail Technology Act of 1985;
21 (4) the Boiler and Pressure Vessel Repairer Regulation
22 Act;
23 (5) the Boxing and Full-contact Martial Arts Act;
24 (6) the Illinois Certified Shorthand Reporters Act of
25 1984;
26 (7) the Illinois Farm Labor Contractor Certification

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1 Act;
2 (8) the Interior Design Title Act;
3 (9) the Illinois Professional Land Surveyor Act of
4 1989;
5 (10) the Illinois Landscape Architecture Act of 1989;
6 (11) the Marriage and Family Therapy Licensing Act;
7 (12) the Private Employment Agency Act;
8 (13) the Professional Counselor and Clinical
9 Professional Counselor Licensing Act;
10 (14) the Real Estate License Act of 2000;
11 (15) the Illinois Roofing Industry Licensing Act;
12 (16) the Professional Engineering Practice Act of
13 1989;
14 (17) the Water Well and Pump Installation Contractor's
15 License Act;
16 (18) the Electrologist Licensing Act;
17 (19) the Auction License Act;
18 (20) Illinois Architecture Practice Act of 1989;
19 (21) the Dietetic and Nutrition Services Practice Act;
20 (22) the Environmental Health Practitioner Licensing
21 Act;
22 (23) the Funeral Directors and Embalmers Licensing
23 Code;
24 (24) the Land Sales Registration Act of 1999;
25 (25) the Professional Geologist Licensing Act;
26 (26) the Illinois Public Accounting Act; and

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1 (27) the Structural Engineering Practice Act of 1989.
2(Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11.)
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