093_HB0569enr

 
HB0569 Enrolled                      LRB093 05565 MBS 05657 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Criminal Code  of  1961  is  amended  by
 5    changing Section 31-1a as follows:

 6        (720 ILCS 5/31-1a) (from Ch. 38, par. 31-1a)
 7        Sec.  31-1a.   Disarming  a peace officer or correctional
 8    institution employee.  A person who, without the consent of a
 9    peace officer or correctional institution employee as defined
10    in subsection (b) of Section 31-1, takes or attempts to  take
11    a  weapon from knowingly disarms a person known to him or her
12    to be a peace officer or correctional  institution  employee,
13    while  the peace officer or correctional institution employee
14    is engaged in the performance of his or her  official  duties
15    by  taking  a firearm from the person of the peace officer or
16    from an area  within  the  peace  officer's  or  correctional
17    institution  employee's  immediate  presence  is  without the
18    peace officer's consent shall be guilty of a Class 2 felony.
19    (Source: P.A. 84-181.)

20        Section  10.  The Unified Code of Corrections is  amended
21    by  changing  Sections 3-3-2 and 5-5-5 and adding Article 5.5
22    to Chapter V as follows:

23        (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
24        Sec. 3-3-2.  Powers and Duties.
25        (a)  The Parole and Pardon Board  is  abolished  and  the
26    term  "Parole  and  Pardon  Board"  as  used  in  any  law of
27    Illinois, shall  read  "Prisoner  Review  Board."  After  the
28    effective  date  of this amendatory Act of 1977, the Prisoner
29    Review Board shall provide by rule for the orderly transition
 
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 1    of all files, records, and documents of the Parole and Pardon
 2    Board and for such other steps as may be necessary to  effect
 3    an orderly transition and shall:
 4             (1)  hear by at least one member and through a panel
 5        of at least 3 members decide, cases of prisoners who were
 6        sentenced  under the law in effect prior to the effective
 7        date of this amendatory Act of 1977, and who are eligible
 8        for parole;
 9             (2)  hear by at least one member and through a panel
10        of at least 3 members decide, the  conditions  of  parole
11        and  the  time of discharge from parole, impose sanctions
12        for violations of parole, and  revoke  parole  for  those
13        sentenced   under   the  law  in  effect  prior  to  this
14        amendatory Act of 1977; provided  that  the  decision  to
15        parole and the conditions of parole for all prisoners who
16        were  sentenced for first degree murder or who received a
17        minimum sentence of 20 years or more  under  the  law  in
18        effect prior to February 1, 1978 shall be determined by a
19        majority vote of the Prisoner Review Board;
20             (3)  hear by at least one member and through a panel
21        of at least 3 members decide, the conditions of mandatory
22        supervised   release  and  the  time  of  discharge  from
23        mandatory  supervised  release,  impose   sanctions   for
24        violations  of  mandatory  supervised release, and revoke
25        mandatory supervised release for  those  sentenced  under
26        the  law  in  effect  after  the  effective  date of this
27        amendatory Act of 1977;
28             (4)  hear by at least 1 member and through  a  panel
29        of  at  least  3  members,  decide  cases  brought by the
30        Department of  Corrections  against  a  prisoner  in  the
31        custody  of  the  Department  for  alleged  violation  of
32        Department  rules  with  respect  to good conduct credits
33        pursuant to Section 3-6-3  of  this  Code  in  which  the
34        Department  seeks  to revoke good conduct credits, if the
 
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 1        amount of time at issue exceeds 30 days or  when,  during
 2        any  12  month  period,  the  cumulative amount of credit
 3        revoked exceeds 30 days except where  the  infraction  is
 4        committed  or  discovered  within  60  days  of scheduled
 5        release. In such cases, the Department of Corrections may
 6        revoke up to 30 days of good conduct  credit.  The  Board
 7        may  subsequently  approve  the  revocation of additional
 8        good conduct credit, if the Department  seeks  to  revoke
 9        good  conduct  credit  in excess of thirty days. However,
10        the  Board  shall  not  be  empowered   to   review   the
11        Department's decision with respect to the loss of 30 days
12        of  good  conduct  credit for any prisoner or to increase
13        any  penalty  beyond  the   length   requested   by   the
14        Department;
15             (5)  hear by at least one member and through a panel
16        of  at  least  3  members  decide,  the release dates for
17        certain prisoners sentenced under the  law  in  existence
18        prior  to  the  effective  date of this amendatory Act of
19        1977, in accordance with Section 3-3-2.1 of this Code;
20             (6)  hear by at least one member and through a panel
21        of at least 3 members decide, all  requests  for  pardon,
22        reprieve    or   commutation,   and   make   confidential
23        recommendations to the Governor;
24             (7)  comply with the requirements of the Open Parole
25        Hearings Act; and
26             (8)  hear by at least  one  member  and,  through  a
27        panel  of at least 3 members, decide cases brought by the
28        Department of  Corrections  against  a  prisoner  in  the
29        custody  of  the  Department  for  court  dismissal  of a
30        frivolous lawsuit pursuant to Section  3-6-3(d)  of  this
31        Code  in  which  the Department seeks to revoke up to 180
32        days of good conduct credit, and if the prisoner has  not
33        accumulated  180  days of good conduct credit at the time
34        of  the  dismissal,  then   all   good   conduct   credit
 
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 1        accumulated by the prisoner shall be revoked; and.
 2             (9)  hear  by  at  least  3  members, and, through a
 3        panel of at least 3  members,  decide  whether  to  grant
 4        certificates  of relief from disabilities or certificates
 5        of good conduct as provided in Article 5.5 of Chapter V.
 6        (a-5)  The Prisoner Review Board, with the cooperation of
 7    and in coordination with the Department  of  Corrections  and
 8    the   Department   of   Central  Management  Services,  shall
 9    implement a pilot  project  in  3  correctional  institutions
10    providing  for  the  conduct of hearings under paragraphs (1)
11    and (4) of subsection (a) of this Section through interactive
12    video conferences.  The project shall be implemented within 6
13    months after the effective date of  this  amendatory  Act  of
14    1996.   Within 6 months after the implementation of the pilot
15    project, the Prisoner Review Board, with the  cooperation  of
16    and  in  coordination  with the Department of Corrections and
17    the Department of Central Management Services,  shall  report
18    to  the  Governor and the General Assembly regarding the use,
19    costs, effectiveness, and  future  viability  of  interactive
20    video conferences for Prisoner Review Board hearings.
21        (b)  Upon  recommendation of the Department the Board may
22    restore good conduct credit previously revoked.
23        (c)  The Board shall cooperate  with  the  Department  in
24    promoting   an  effective  system  of  parole  and  mandatory
25    supervised release.
26        (d)  The Board shall promulgate rules for the conduct  of
27    its  work,  and  the Chairman shall file a copy of such rules
28    and any amendments thereto with the  Director  and  with  the
29    Secretary of State.
30        (e)  The  Board shall keep records of all of its official
31    actions and shall make them accessible in accordance with law
32    and the rules of the Board.
33        (f)  The Board or one  who  has  allegedly  violated  the
34    conditions  of his parole or mandatory supervised release may
 
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 1    require by subpoena the attendance and testimony of witnesses
 2    and the production of documentary evidence  relating  to  any
 3    matter  under  investigation  or hearing. The Chairman of the
 4    Board may sign subpoenas which shall be served by  any  agent
 5    or  public  official authorized by the Chairman of the Board,
 6    or by any person lawfully  authorized  to  serve  a  subpoena
 7    under  the  laws  of the State of Illinois. The attendance of
 8    witnesses, and the production of documentary evidence, may be
 9    required from any place in the State to a hearing location in
10    the State before the Chairman of the Board or his  designated
11    agent   or  agents  or  any  duly  constituted  Committee  or
12    Subcommittee of the Board.  Witnesses so  summoned  shall  be
13    paid the same fees and mileage that are paid witnesses in the
14    circuit  courts of the State, and witnesses whose depositions
15    are taken and the persons taking those depositions  are  each
16    entitled  to  the  same fees as are paid for like services in
17    actions in the circuit courts of the State. Fees and  mileage
18    shall be vouchered for payment when the witness is discharged
19    from further attendance.
20        In  case  of  disobedience  to  a subpoena, the Board may
21    petition  any  circuit  court  of  the  State  for  an  order
22    requiring the attendance and testimony of  witnesses  or  the
23    production  of  documentary  evidence or both. A copy of such
24    petition shall be served by personal service or by registered
25    or certified mail upon the person who has failed to obey  the
26    subpoena,  and such person shall be advised in writing that a
27    hearing upon the petition will be requested in a  court  room
28    to  be  designated  in  such  notice before the judge hearing
29    motions or extraordinary remedies at a specified time,  on  a
30    specified  date, not less than 10 nor more than 15 days after
31    the deposit of the copy of the written notice and petition in
32    the U.S. mails addressed to the  person  at  his  last  known
33    address  or  after  the  personal  service of the copy of the
34    notice and petition upon such  person.  The  court  upon  the
 
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 1    filing  of  such a petition, may order the person refusing to
 2    obey the subpoena to appear at an investigation  or  hearing,
 3    or  to  there produce documentary evidence, if so ordered, or
 4    to give evidence relative  to  the  subject  matter  of  that
 5    investigation  or  hearing. Any failure to obey such order of
 6    the circuit court may be punished by that court as a contempt
 7    of court.
 8        Each  member  of  the  Board  and  any  hearing   officer
 9    designated  by  the  Board shall have the power to administer
10    oaths and to take the testimony of persons under oath.
11        (g)  Except under  subsection  (a)  of  this  Section,  a
12    majority of the members then appointed to the Prisoner Review
13    Board  shall  constitute  a quorum for the transaction of all
14    business of the Board.
15        (h)  The Prisoner Review Board shall annually transmit to
16    the Director a detailed report of its work for the  preceding
17    calendar year. The annual report shall also be transmitted to
18    the Governor for submission to the Legislature.
19    (Source:  P.A.  90-14,  eff.  7-1-97;  91-798,  eff.  7-9-00;
20    91-946, eff. 2-9-01.)

21        (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
22        Sec. 5-5-5. Loss and Restoration of Rights.
23        (a)  Conviction and disposition shall not entail the loss
24    by the defendant of  any  civil  rights,  except  under  this
25    Section  and Sections 29-6 and 29-10 of The Election Code, as
26    now or hereafter amended.
27        (b)  A person convicted of a felony shall  be  ineligible
28    to  hold  an office created by the Constitution of this State
29    until the completion of his sentence.
30        (c)  A person sentenced to imprisonment  shall  lose  his
31    right to vote until released from imprisonment.
32        (d)  On  completion  of  sentence of imprisonment or upon
33    discharge from probation, conditional discharge  or  periodic
 
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 1    imprisonment,  or  at any time thereafter, all license rights
 2    and privileges granted under  the  authority  of  this  State
 3    which have been revoked or suspended because of conviction of
 4    an  offense  shall  be  restored  unless the authority having
 5    jurisdiction of such license rights finds after investigation
 6    and hearing that restoration is not in the  public  interest.
 7    This  paragraph  (d)  shall  not  apply  to the suspension or
 8    revocation of a license to operate a motor vehicle under  the
 9    Illinois Vehicle Code.
10        (e)  Upon  a  person's  discharge  from  incarceration or
11    parole, or upon a person's discharge from probation or at any
12    time thereafter, the committing  court  may  enter  an  order
13    certifying   that   the   sentence  has  been  satisfactorily
14    completed when the court believes  it  would  assist  in  the
15    rehabilitation  of  the  person  and  be  consistent with the
16    public welfare. Such order may be entered upon the motion  of
17    the defendant or the State or upon the court's own motion.
18        (f)  Upon  entry  of  the order, the court shall issue to
19    the person in whose  favor  the  order  has  been  entered  a
20    certificate  stating  that  his behavior after conviction has
21    warranted the issuance of the order.
22        (g)  This  Section  shall  not  affect  the  right  of  a
23    defendant to collaterally attack his conviction or to rely on
24    it in bar of subsequent proceedings for the same offense.
25        (h)  No  application  for  any   license   specified   in
26    subsection (i) of this Section granted under the authority of
27    this  State shall be denied by reason of an eligible offender
28    who has obtained a certificate of relief  from  disabilities,
29    as  defined  in  Article  5.5  of  this  Chapter, having been
30    previously convicted of one or more criminal offenses, or  by
31    reason  of  a  finding of lack of "good moral character" when
32    the finding is based upon the fact  that  the  applicant  has
33    previously  been  convicted of one or more criminal offenses,
34    unless:
 
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 1             (1)  there is a direct relationship between  one  or
 2        more  of  the previous criminal offenses and the specific
 3        license sought; or
 4             (2)  the issuance of the license  would  involve  an
 5        unreasonable risk to property or to the safety or welfare
 6        of specific individuals or the general public.
 7        In  making  such  a  determination,  the licensing agency
 8    shall consider the following factors:
 9             (1)  the public policy of this State,  as  expressed
10        in   Article  5.5  of  this  Chapter,  to  encourage  the
11        licensure and employment of persons previously  convicted
12        of one or more criminal offenses;
13             (2)  the   specific   duties   and  responsibilities
14        necessarily related to the license being sought;
15             (3)  the bearing, if any, the criminal  offenses  or
16        offenses  for  which  the person was previously convicted
17        will have on his or her fitness or ability to perform one
18        or more such duties and responsibilities;
19             (4)  the time which has elapsed since the occurrence
20        of the criminal offense or offenses;
21             (5)  the age of the person at the time of occurrence
22        of the criminal offense or offenses;
23             (6)  the seriousness of the offense or offenses;
24             (7)  any  information  produced  by  the  person  or
25        produced on his or her behalf in regard  to  his  or  her
26        rehabilitation  and good conduct, including a certificate
27        of relief from  disabilities  issued  to  the  applicant,
28        which   certificate   shall   create   a  presumption  of
29        rehabilitation in  regard  to  the  offense  or  offenses
30        specified in the certificate; and
31             (8)  the legitimate interest of the licensing agency
32        in  protecting  property,  and the  safety and welfare of
33        specific individuals or the general public.
34        (i)  A certificate of relief from disabilities  shall  be
 
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 1    issued  only  for a license or certification issued under the
 2    following Acts:
 3             (1)  the  Animal  Welfare   Act;   except   that   a
 4        certificate  of  relief  from  disabilities  may  not  be
 5        granted  to  provide for the issuance or restoration of a
 6        license under the  Animal  Welfare  Act  for  any  person
 7        convicted  of  violating  Section  3,  3.01,  3.02, 3.03,
 8        3.03-1, or 4.01 of the Humane Care  for  Animals  Act  or
 9        Section 26-5 of the Criminal Code of 1961;
10             (2)  the Illinois Athletic Trainers Practice Act;
11             (3)  the  Barber,  Cosmetology,  Esthetics, and Nail
12        Technology Act of 1985;
13             (4)  the  Boiler  and   Pressure   Vessel   Repairer
14        Regulation Act;
15             (5)  the Professional Boxing Act;
16             (6)  the  Illinois Certified Shorthand Reporters Act
17        of 1984;
18             (7)  the    Illinois    Farm    Labor     Contractor
19        Certification Act;
20             (8)  the Interior Design Title Act;
21             (9)  the  Illinois Professional Land Surveyor Act of
22        1989;
23             (10)  the Illinois  Landscape  Architecture  Act  of
24        1989;
25             (11)  the Marriage and Family Therapy Licensing Act;
26             (12)  the Private Employment Agency Act;
27             (13)  the   Professional   Counselor   and  Clinical
28        Professional Counselor Licensing Act;
29             (14)  the Real Estate License Act of 2000; and
30             (15)  the Illinois Roofing Industry Licensing Act.
31    (Source: P.A. 86-558.)

32        (730 ILCS 5/Chap. V, Art. 5.5 heading new)
33        ARTICLE 5.5. DISCRETIONARY RELIEF  FROM  FORFEITURES  AND
 
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 1    DISABILITIES AUTOMATICALLY IMPOSED BY LAW

 2        (730 ILCS 5/5-5.5-5 new)
 3        Sec.  5-5.5-5.  Definitions and rules of construction. In
 4    this Article:
 5        "Eligible offender" means a person who has been convicted
 6    of a crime or of an offense that is not a crime  of  violence
 7    as  defined  in  Section  2 of the Crime Victims Compensation
 8    Act, a Class X or a nonprobationable offense, or a  violation
 9    of Article 11 or Article 12 of the Criminal Code of 1961, but
10    who has not been convicted more than once of a felony.
11        "Felony" means a conviction of a felony in this State, or
12    of  an offense in any other jurisdiction for which a sentence
13    to a  term  of  imprisonment  in  excess  of  one  year,  was
14    authorized.
15        For  the  purposes of this Article the following rules of
16    construction apply:
17             (i)  two or more convictions of felonies charged  in
18        separate counts of one indictment or information shall be
19        deemed to be one conviction;
20             (ii)  two or more convictions of felonies charged in
21        2  or more indictments or informations, filed in the same
22        court prior to entry of judgment under any of them, shall
23        be deemed to be one conviction; and
24             (iii)  a plea or a verdict of guilty  upon  which  a
25        sentence   of   probation,   conditional   discharge,  or
26        supervision has been imposed shall  be  deemed  to  be  a
27        conviction.

28        (730 ILCS 5/5-5.5-10 new)
29        Sec. 5-5.5-10. Certificate of relief from disabilities.
30        (a)  A  certificate of relief from disabilities does not,
31    however,  in  any  way  prevent  any   judicial   proceeding,
32    administrative, licensing, or other body, board, or authority
 
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 1    from relying upon the conviction specified in the certificate
 2    as  the  basis for the exercise of its discretionary power to
 3    suspend, revoke, or refuse to issue or refuse  to  renew  any
 4    license, permit, or other authority or privilege.
 5        (b)  A  certificate of relief from disabilities shall not
 6    limit or prevent the introduction  of  evidence  of  a  prior
 7    conviction  for  purposes  of  impeachment  of a witness in a
 8    judicial or other proceeding where  otherwise  authorized  by
 9    the applicable rules of evidence.

10        (730 ILCS 5/5-5.5-15 new)
11        Sec.  5-5.5-15.  Certificates of relief from disabilities
12    issued by courts.
13        (a)  Any  circuit  court  of  this  State  may,  in   its
14    discretion,  issue  a certificate of relief from disabilities
15    to an eligible offender for a  conviction  that  occurred  in
16    that  court  if  the  court imposed a sentence other than one
17    executed by commitment to an institution under the Department
18    of Corrections. The certificate may be issued (i) at the time
19    sentence is pronounced, in which case  it  may  grant  relief
20    from  disabilities,  or (ii) at any time thereafter, in which
21    case it shall apply only to disabilities.
22        (b)  The certificate may  not  be  issued  by  the  court
23    unless the court is satisfied that:
24             (1)  the  person  to  whom it is to be granted is an
25        eligible offender, as defined in Section 5-5.5-5;
26             (2)  the relief to be granted by the certificate  is
27        consistent   with  the  rehabilitation  of  the  eligible
28        offender; and
29             (3)  the relief to be granted by the certificate  is
30        consistent with the public interest.
31        (c)  If  a certificate of relief from disabilities is not
32    issued at the time sentence is pronounced it  shall  only  be
33    issued thereafter upon verified application to the court. The
 
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 1    court  may,  for  the  purpose  of  determining  whether  the
 2    certificate  shall  be issued, request the probation or court
 3    services  department  to  conduct  an  investigation  of  the
 4    applicant.  Any  probation  officer  requested  to  make   an
 5    investigation  under this Section shall prepare and submit to
 6    the court a written report in accordance with the request.
 7        (d) Any court that has issued  a  certificate  of  relief
 8    from  disabilities may at any time issue a new certificate to
 9    enlarge the  relief  previously  granted  provided  that  the
10    provisions  of  clauses  (1) through (3) of subsection (b) of
11    this  Section  apply  to  the  issuance  of  any   such   new
12    certificate.
13        (e)  Any written report submitted to the court under this
14    Section  is confidential and may not be made available to any
15    person or public or private  agency  except  if  specifically
16    required   or   permitted   by   statute   or  upon  specific
17    authorization  of  the  court.  However,  it  shall  be  made
18    available by the court for  examination  by  the  applicant's
19    attorney,  or  the applicant himself or herself, if he or she
20    has no attorney. In its discretion, the court may except from
21    disclosure a part  or  parts  of  the  report  that  are  not
22    relevant  to  the  granting  of  a certificate, or sources of
23    information  which  have  been  obtained  on  a  promise   of
24    confidentiality,   or   any  other  portion  of  the  report,
25    disclosure of which would not be in the interest of  justice.
26    The action of the court excepting information from disclosure
27    shall  be  subject  to  appellate  review.  The court, in its
28    discretion, may  hold  a  conference  in  open  court  or  in
29    chambers  to afford an applicant an opportunity to controvert
30    or to comment upon any portions of the report. The court  may
31    also  conduct  a  summary  hearing  at  the conference on any
32    matter relevant to the granting of the  application  and  may
33    take testimony under oath.
 
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 1        (730 ILCS 5/5-5.5-20 new)
 2        Sec.  5-5.5-20.  Certificates of relief from disabilities
 3    issued by the Prisoner Review Board.
 4        (a) The Prisoner Review Board shall  have  the  power  to
 5    issue a certificate of relief from disabilities to:
 6             (1)    any  eligible offender who has been committed
 7        to  an  institution  under  the   jurisdiction   of   the
 8        Department  of Corrections. The certificate may be issued
 9        by the Board at the time the offender  is  released  from
10        the   institution  under  the  conditions  of  parole  or
11        mandatory supervised release or at any  time  thereafter;
12        or
13             (2)  any  eligible  offender who resides within this
14        State and whose judgment of conviction was rendered by  a
15        court in any other jurisdiction.
16        (b) If the Prisoner Review Board has issued a certificate
17    of  relief from disabilities, the Board may at any time issue
18    a new certificate enlarging the relief previously granted.
19        (c)  The  Prisoner  Review  Board  may  not   issue   any
20    certificate of relief from disabilities under subsections (a)
21    or (b), unless the Board is satisfied that:
22             (1)  the  person  to  whom it is to be granted is an
23        eligible offender, as defined in Section 5-5.5-5;
24             (2)  the relief to be granted by the certificate  is
25        consistent   with  the  rehabilitation  of  the  eligible
26        offender; and
27             (3)  the relief to be granted by the certificate  is
28        consistent with the public interest.
29        (d)  Any  certificate  of relief from disabilities issued
30    by the Prisoner Review Board to an eligible offender, who  at
31    time  of  the  issuance  of  the  certificate  is  under  the
32    conditions   of   parole   or  mandatory  supervised  release
33    established by the Board, shall be deemed to be  a  temporary
34    certificate  until  such  time  as  the  eligible offender is
 
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 1    discharged from parole or mandatory supervised release,  and,
 2    while  temporary, the certificate may be revoked by the Board
 3    for violation  of  the  conditions  of  parole  or  mandatory
 4    supervised  release.  Revocation  shall be upon notice to the
 5    parolee or releasee, who shall be accorded an opportunity  to
 6    explain  the  violation prior to a decision on the revocation
 7    of the certificate. If the certificate is not so revoked,  it
 8    shall  become  a  permanent  certificate  upon  expiration or
 9    termination of the offender's parole or mandatory  supervised
10    release term.
11        (e)  In granting or revoking a certificate of relief from
12    disabilities, the action of the Prisoner Review  Board  shall
13    be  by  unanimous  vote of the members authorized to grant or
14    revoke parole or mandatory supervised release.
15        (f)  The certificate  may  be  limited  to  one  or  more
16    enumerated   disabilities   or   bars,  or  may  relieve  the
17    individual of all disabilities and bars.

18        (730 ILCS 5/5-5.5-25 new)
19        Sec. 5-5.5-25. Certificate of good conduct.
20        (a)  A certificate of good  conduct  may  be  granted  as
21    provided  in  this Section to an eligible offender as defined
22    in Section 5-5.5-5 of this Code who has demonstrated that  he
23    or   she   has  been  a  law-abiding  citizen  and  is  fully
24    rehabilitated.
25        (b) (i)  A certificate of good conduct may not,  however,
26        in    any    way   prevent   any   judicial   proceeding,
27        administrative,  licensing,  or  other  body,  board,  or
28        authority from considering the  conviction  specified  in
29        the certificate.
30             (ii)  A  certificate of good conduct shall not limit
31        or prevent  the  introduction  of  evidence  of  a  prior
32        conviction  for purposes of impeachment of a witness in a
33        judicial or other proceeding where  otherwise  authorized
 
HB0569 Enrolled            -15-      LRB093 05565 MBS 05657 b
 1        by the applicable rules of evidence.

 2        (730 ILCS 5/5-5.5-30 new)
 3        Sec. 5-5.5-30. Issuance of certificate of good conduct.
 4        (a)  The  Prisoner  Review Board, or any 3 members of the
 5    Board by unanimous vote, shall have  the  power  to  issue  a
 6    certificate   of   good  conduct  to  any  eligible  offender
 7    previously convicted of a crime in this State, when the Board
 8    is satisfied that:
 9             (1)  the applicant has conducted himself or  herself
10        in  a manner warranting the issuance for a minimum period
11        in accordance with the provisions of  subsection  (c)  of
12        this Section;
13             (2)  the  relief to be granted by the certificate is
14        consistent with the rehabilitation of the applicant; and
15             (3)  the relief to be granted is consistent with the
16        public interest.
17        (b)  The Prisoner Review Board, or any 3 members  of  the
18    Board  by  unanimous  vote,  shall  have the power to issue a
19    certificate  of  good  conduct  to  any   person   previously
20    convicted  of  a  crime  in  any other jurisdiction, when the
21    Board is satisfied that the  provisions  of  paragraphs  (1),
22    (2), and (3) of subsection (a) of this Section have been met.
23        (c)  The minimum period of good conduct by the individual
24    referred  to  in  paragraph  (1)  of  subsection  (a) of this
25    Section, shall be as follows: if the most  serious  crime  of
26    which  the  individual  was  convicted  is a misdemeanor, the
27    minimum period of good conduct shall be one year; if the most
28    serious crime of which the  individual  was  convicted  is  a
29    Class  1,  2,  3,  or  4  felony,  the minimum period of good
30    conduct shall be 3 years. Criminal acts committed outside the
31    State shall be classified as acts committed within the  State
32    based  on  the  maximum sentence that could have been imposed
33    based upon the conviction  under  the  laws  of  the  foreign
 
HB0569 Enrolled            -16-      LRB093 05565 MBS 05657 b
 1    jurisdiction.  The  minimum  period  of  good  conduct by the
 2    individual shall be measured either  from  the  date  of  the
 3    payment of any fine imposed upon him or her, or from the date
 4    of  his  or  her  release  from  custody by parole, mandatory
 5    supervised release or commutation or termination  of  his  or
 6    her  sentence. The Board shall have power and it shall be its
 7    duty to investigate all persons when the application is  made
 8    and  to grant or deny the same within a reasonable time after
 9    the making of the application.
10        (d) If the Prisoner Review Board has issued a certificate
11    of good conduct, the Board  may  at  any  time  issue  a  new
12    certificate enlarging the relief previously granted.
13        (e)  Any  certificate  of  good  conduct  by the Prisoner
14    Review Board to an individual who at the time of the issuance
15    of the certificate is  under  the  conditions  of  parole  or
16    mandatory  supervised  release  imposed by the Board shall be
17    deemed to be a temporary certificate until the  time  as  the
18    individual   is  discharged  from  the  terms  of  parole  or
19    mandatory  supervised  release,  and,  while  temporary,  the
20    certificate may be revoked by the Board for violation of  the
21    conditions   of   parole  or  mandatory  supervised  release.
22    Revocation shall be upon notice to the parolee  or  releasee,
23    who shall be accorded an opportunity to explain the violation
24    prior  to a decision on the revocation. If the certificate is
25    not so revoked, it shall become a permanent certificate  upon
26    expiration   or  termination  of  the  offender's  parole  or
27    mandatory supervised release term.

28        (730 ILCS 5/5-5.5-35 new)
29        Sec. 5-5.5-35.  Effect  of  revocation;  use  of  revoked
30    certificate.
31        (a)  If  a  certificate  of  relief  from disabilities is
32    deemed to  be  temporary  and  the  certificate  is  revoked,
33    disabilities   and  forfeitures  thereby  relieved  shall  be
 
HB0569 Enrolled            -17-      LRB093 05565 MBS 05657 b
 1    reinstated as of the date upon which the person to  whom  the
 2    certificate   was  issued  receives  written  notice  of  the
 3    revocation. Any such person shall upon receipt of the  notice
 4    surrender the certificate to the issuing court or Board.
 5        (b)  A  person  who  knowingly  uses or attempts to use a
 6    revoked certificate of relief from disabilities in  order  to
 7    obtain  or  to exercise any right or privilege that he or she
 8    would not be entitled to obtain  or  to  exercise  without  a
 9    valid certificate is guilty of a Class A misdemeanor.

10        (730 ILCS 5/5-5.5-40 new)
11        Sec. 5-5.5-40. Forms and filing.
12        (a)   All   applications,  certificates,  and  orders  of
13    revocation necessary for the purposes of this  Article  shall
14    be  upon  forms  prescribed  under  an  agreement  among  the
15    Director  of  Corrections  and  the  Chairman of the Prisoner
16    Review Board and the Chief Justice of the  Supreme  Court  or
17    his  or  her  designee. The forms relating to certificates of
18    relief from disabilities shall be distributed by the Director
19    of the Division of Probation Services and forms  relating  to
20    certificates  of  good  conduct  shall  be distributed by the
21    Chairman of the Prisoner Review Board.
22        (b)  Any  court  or  board  issuing   or   revoking   any
23    certificate  under this Article shall immediately file a copy
24    of the certificate or of the order  of  revocation  with  the
25    Director of State Police.

26        (730 ILCS 5/5-5.5-45 new)
27        Sec.  5-5.5-45.  Certificate  not  to  be  deemed to be a
28    pardon. Nothing contained in this Article shall be deemed  to
29    alter  or  limit or affect the manner of applying for pardons
30    to the Governor, and no certificate issued under this Article
31    shall be deemed or construed to be a pardon.
 
HB0569 Enrolled            -18-      LRB093 05565 MBS 05657 b
 1        (730 ILCS 5/5-5.5-50 new)
 2        Sec. 5-5.5-50.  Report. The  Department  of  Professional
 3    Regulation  shall  report to the General Assembly by November
 4    30 of each year, for each  occupational  licensure  category,
 5    the  number  of licensure applicants with felony convictions,
 6    the number of applicants with  certificates  of  relief  from
 7    disabilities,  the  number  of licenses awarded to applicants
 8    with felony convictions, the number of  licenses  awarded  to
 9    applicants with certificates of relief from disabilities, the
10    number of applicants with felony convictions denied licenses,
11    and the number of applicants with certificates of relief from
12    disabilities denied licenses.

13        Section  99.   Effective  date.   This  Act  takes effect
14    January 1, 2004.