HB3580 EngrossedLRB101 09739 SLF 54839 b

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 5-5.5-25 as follows:
 
6    (730 ILCS 5/5-5.5-25)
7    Sec. 5-5.5-25. Certificate of good conduct.
8    (a) A certificate of good conduct may be granted as
9provided in this Section to relieve an eligible offender of any
10employment, occupational licensing, or housing bar. The
11certificate may be limited to one or more disabilities or bars
12or may relieve the individual of all disabilities and bars.
13    Notwithstanding any other provision of law, a certificate
14of good conduct does not relieve an offender of any
15employment-related disability imposed by law by reason of his
16or her conviction of a crime that would prevent his or her
17employment by the Department of Corrections, Department of
18Juvenile Justice, or any other law enforcement agency in the
19State.
20    (a-6) A certificate of good conduct may be granted as
21provided in this Section to an eligible offender as defined in
22Section 5-5.5-5 of this Code who has demonstrated by clear and
23convincing evidence that he or she has been a law-abiding

 

 

HB3580 Engrossed- 2 -LRB101 09739 SLF 54839 b

1citizen and is fully rehabilitated.
2    (b)(i) A certificate of good conduct may not, however, in
3any way prevent any judicial proceeding, administrative,
4licensing, or other body, board, or authority from considering
5the conviction specified in the certificate.
6    (ii) A certificate of good conduct shall not limit or
7prevent the introduction of evidence of a prior conviction for
8purposes of impeachment of a witness in a judicial or other
9proceeding where otherwise authorized by the applicable rules
10of evidence.
11    (iii) A certificate of good conduct does not limit any the
12employer, landlord, judicial proceeding, administrative,
13licensing, or other body, board, or authority from accessing
14criminal background information; nor does it hide, alter, or
15expunge the record.
16    (c) An employer is not civilly or criminally liable for an
17act or omission by an employee who has been issued a
18certificate of good conduct, except for a willful or wanton act
19by the employer in hiring the employee who has been issued a
20certificate of good conduct.
21    (d) The existence of a certificate of good conduct does not
22preclude a landlord or an administrative, licensing, or other
23body, board, or authority from retaining full discretion to
24grant or deny the application for housing or licensure.
25(Source: P.A. 96-852, eff. 1-1-10.)