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 Bill Status of SB1688  100th General Assembly


Short Description:  DFPR-CRIMINAL HISTORY

Senate Sponsors
Sen. Kwame Raoul - Jacqueline Y. Collins - Toi W. Hutchinson - Kimberly A. Lightford - Mattie Hunter, Napoleon Harris, III, Emil Jones, III, Heather A. Steans, Omar Aquino and Donne E. Trotter

House Sponsors
(Rep. Elgie R. Sims, Jr. - Arthur Turner - William Davis - Justin Slaughter - John M. Cabello, Juliana Stratton and Sonya M. Harper)

Last Action
DateChamber Action
  8/24/2017SenatePublic Act . . . . . . . . . 100-0286

Statutes Amended In Order of Appearance
20 ILCS 2105/2105-130
20 ILCS 2105/2105-131 new
20 ILCS 2105/2105-135
20 ILCS 2105/2105-205was 20 ILCS 2105/60.3
20 ILCS 2105/2105-207
20 ILCS 2630/12
20 ILCS 2630/13


Synopsis As Introduced
Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Requires the Department of Financial and Professional Regulation to consider certain mitigating factors and evidence of rehabilitation for certain applicants of licenses, certificates, and registrations. Requires the Department, upon denial of a license, certificate, or registration, to provide the applicant certain information concerning the denial. Provides that no application for licensure or registration shall be denied by reason of a finding of lack of good moral character when the finding is based solely upon the fact that the applicant has one or more previous convictions. Provides that the Department shall not require applicants to report certain criminal history information and the Department shall not consider the information. Provides that on May 1 of each year, the Department shall prepare, publicly announce, and publish certain statistical information. Amends the Criminal Identification Act. Includes applications for license, certification, and registration that must contain specific language which states that the applicant is not obligated to disclose sealed or expunged records of conviction or arrest and entities authorized to grant professional licenses, certifications, and registrations that may not ask if an applicant has had records expunged or sealed. Provides that certain sealed or impounded felony records shall not be disseminated in connection with an application for a professional or business license, except specified health care worker licenses. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
20 ILCS 2630/13

Replaces everything after the enacting clause with provisions of the introduced bill with the following changes: In provisions amending the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, includes licensing Acts administered by the Department of Financial and Professional Regulation in which convictions of certain enumerated offenses are a bar to licensure as an exception to the requirement that the Department consider mitigating factors and rehabilitation. Requires the Department, when examining certain factors, to determine whether a prior conviction will impair the ability of the applicant to engage in the practice for which a license, certificate, or registration is sought (rather than examining certain factors in determining whether to grant a license, certificate, or registration). Removes an affirmative obligation of the Department to demonstrate that a prior conviction would impair the ability of an applicant. Requires the Department to notify an applicant of a denial of a license or certificate or refuse to grant registration based upon a conviction or convictions, in whole or in part. Makes changes to the items that must be included in the notice. Makes changes to the information that the Department shall not require applicants to report. Changes various references of "new and renewal license, certificate, or registration" to "new license, certificate, or registration". Makes changes to information the Department must report. Restores a fee to be charged by the Department, but reduces the fee from $200 to $175. Makes changes to when the Department may consider an application to make disciplinary records confidential. In provisions amending the Criminal Identification Act, provides that applications for certification, registration, or licensure (rather than employment, certification, registration, or licensure) shall (rather than must) contain certain language. Provides that if it not reasonably feasible to include the language in the application, the entity authorized to grant a license, certification, or registration shall publish on its website instructions specifying that applicants are not obligated to disclose sealed or expunged records of a conviction or arrest. Removes changes to provisions concerning retention and release of sealed records. Removes the immediate effective date.

Senate Floor Amendment No. 3
Adds reference to:
35 ILCS 130/4from Ch. 120, par. 453.4
35 ILCS 130/4bfrom Ch. 120, par. 453.4b
35 ILCS 130/4c
35 ILCS 130/4i new
55 ILCS 5/5-10004from Ch. 34, par. 5-10004
55 ILCS 5/5-10004a new
215 ILCS 5/500-30
215 ILCS 5/500-70
215 ILCS 5/500-76 new
215 ILCS 5/1525
215 ILCS 5/1550 new
215 ILCS 5/1555
225 ILCS 227/35
225 ILCS 227/36 new
225 ILCS 230/1005from Ch. 111, par. 7855
225 ILCS 230/1005-1 new
225 ILCS 345/15from Ch. 111, par. 7116
225 ILCS 345/15.1 new
225 ILCS 422/40
225 ILCS 422/45
225 ILCS 422/80
225 ILCS 422/85
225 ILCS 443/45
225 ILCS 443/47 new
225 ILCS 443/115
225 ILCS 605/4 new
225 ILCS 605/10from Ch. 8, par. 310
225 ILCS 620/9from Ch. 111, par. 209
225 ILCS 620/9.3 new
225 ILCS 635/3.2from Ch. 56 1/2, par. 242.2
225 ILCS 635/3.3 new
225 ILCS 645/9from Ch. 111, par. 409
225 ILCS 645/9.4 new
225 ILCS 655/7from Ch. 111, par. 508
225 ILCS 655/7.1 new
230 ILCS 15/3from Ch. 85, par. 2303
230 ILCS 15/3.1 new
230 ILCS 20/2.1
230 ILCS 20/2.2 new
230 ILCS 25/1.2
230 ILCS 25/1.2a new
230 ILCS 30/7from Ch. 120, par. 1127
230 ILCS 30/7.1 new
235 ILCS 5/6-2from Ch. 43, par. 120
235 ILCS 5/6-2.5 new
235 ILCS 5/7-1from Ch. 43, par. 145
420 ILCS 44/45
420 ILCS 44/46 new

Replaces everything after the enacting clause. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Requires the Department of Financial and Professional Regulation to consider certain mitigating factors and evidence of rehabilitation for certain applicants of licenses, certificates, and registrations. Requires the Department, when examining certain factors, to determine whether a prior conviction will impair the ability of the applicant to engage in the practice for which a license, certificate, or registration is sought. Provides that no application for licensure or registration shall be denied by reason of a finding of lack of good moral character when the finding is based solely upon the fact that the applicant has one or more previous convictions. Provides that the Department shall not require applicants to report certain criminal history information and the Department shall not consider the information. Provides that on May 1 of each year, the Department shall prepare, publicly announce, and publish certain statistical information. Amends the Criminal Identification Act. Provides that the entity authorized to grant a license, certificate, or registration shall include in an application specific language stating that the applicant is not obligated to disclose sealed or expunged records of a conviction or arrest. If the inclusion of specific language on an application is not practical, the entity shall publish specific instructions on its website concerning disclosing sealed or expunged records of a conviction or arrest. Amends the Illinois Insurance Code. Provides that the Director of Insurance must find that a resident insurance producer or public adjuster applicant has not committed certain acts or has been sufficiently rehabilitated to approve the application. Requires the Department to consider certain mitigating factors and evidence of rehabilitation for license applicants. Provides for licensure of nonresident licensees if certain standards are met. Requires the Department, upon denial of a license, to provide the applicant certain information concerning the denial. Amends various professional licensing Acts with the following changes: Provides that the licensing agency shall not require applicants to report certain criminal history information and the licensing agency shall not consider the information. Makes other changes. Requires the licensing agency to consider certain mitigating factors and evidence of rehabilitation for license applicants. Requires the licensing agency, upon denial of a license, to provide the applicant certain information concerning the denial. Provides that on May 1 of each year, the licensing agency shall prepare, publicly announce, and publish certain statistical information. Makes other changes. Effective January 1, 2018.

Senate Floor Amendment No. 4
In provisions amending the Department of Professional Regulation Law of the Civil Administrative Code of Illinois concerning applicants with criminal convictions, includes if, due to the applicant's criminal conviction history, the applicant would be explicitly prohibited by federal rules or regulations from working in the position for which a license is sought among the mitigating factors the Department of Financial and Professional Regulation shall consider to determine whether a prior conviction will impair the ability of the applicant to engage in the practice for which a license, certificate, or registration is sought.

House Committee Amendment No. 1
In various Acts, makes changes in the criteria to be used in determining whether the issuance of a license, certificate, or certificate of registration may be granted or denied because of criminal convictions, rehabilitation, mitigating factors, or other factors. Makes other changes.

Actions 
DateChamber Action
  2/9/2017SenateFiled with Secretary by Sen. Kwame Raoul
  2/9/2017SenateFirst Reading
  2/9/2017SenateReferred to Assignments
  2/28/2017SenateAssigned to Licensed Activities and Pensions
  3/1/2017SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  3/2/2017SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/2/2017SenateAdded as Chief Co-Sponsor Sen. Toi W. Hutchinson
  3/2/2017SenateAdded as Chief Co-Sponsor Sen. Kimberly A. Lightford
  3/3/2017SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  3/8/2017SenateAdded as Co-Sponsor Sen. Emil Jones, III
  3/8/2017SenateAdded as Co-Sponsor Sen. Heather A. Steans
  3/9/2017SenatePostponed - Licensed Activities and Pensions
  3/10/2017SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  3/10/2017SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/14/2017SenateAdded as Co-Sponsor Sen. Omar Aquino
  3/15/2017SenateSenate Committee Amendment No. 1 Assignments Refers to Licensed Activities and Pensions
  3/15/2017SenateSenate Committee Amendment No. 1 Adopted
  3/16/2017SenateDo Pass as Amended Licensed Activities and Pensions; 010-000-001
  3/16/2017SenatePlaced on Calendar Order of 2nd Reading March 28, 2017
  3/22/2017SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul
  3/22/2017SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/28/2017SenateSenate Floor Amendment No. 2 Assignments Refers to Licensed Activities and Pensions
  3/29/2017SenateSenate Floor Amendment No. 2 Postponed - Licensed Activities and Pensions
  4/4/2017SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Kwame Raoul
  4/4/2017SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/5/2017SenateSenate Floor Amendment No. 3 Assignments Refers to Licensed Activities and Pensions
  4/6/2017SenateSenate Floor Amendment No. 2 Postponed - Licensed Activities and Pensions
  4/6/2017SenateSenate Floor Amendment No. 3 Recommend Do Adopt Licensed Activities and Pensions; 011-001-000
  4/21/2017SenateAdded as Co-Sponsor Sen. Donne E. Trotter
  4/25/2017SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Kwame Raoul
  4/25/2017SenateSenate Floor Amendment No. 4 Referred to Assignments
  4/26/2017SenateSenate Floor Amendment No. 4 Assignments Refers to Licensed Activities and Pensions
  4/26/2017SenateSecond Reading
  4/26/2017SenateSenate Floor Amendment No. 3 Adopted; Raoul
  4/26/2017SenatePlaced on Calendar Order of 3rd Reading April 27, 2017
  4/27/2017SenateSenate Floor Amendment No. 4 Recommend Do Adopt Licensed Activities and Pensions; 009-002-000
  4/27/2017SenateRecalled to Second Reading
  4/27/2017SenateSenate Floor Amendment No. 4 Adopted; Raoul
  4/27/2017SenatePlaced on Calendar Order of 3rd Reading
  4/27/2017SenateThird Reading - Passed; 043-008-000
  4/27/2017SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  4/28/2017HouseArrived in House
  4/28/2017HouseChief House Sponsor Rep. Elgie R. Sims, Jr.
  4/28/2017HouseFirst Reading
  4/28/2017HouseReferred to Rules Committee
  5/9/2017HouseAssigned to Judiciary - Criminal Committee
  5/11/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Elgie R. Sims, Jr.
  5/11/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/11/2017HouseAdded Alternate Chief Co-Sponsor Rep. Arthur Turner
  5/15/2017HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  5/16/2017HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  5/16/2017HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 013-000-000
  5/16/2017HousePlaced on Calendar 2nd Reading - Short Debate
  5/16/2017HouseAdded Alternate Co-Sponsor Rep. Juliana Stratton
  5/18/2017HouseAdded Alternate Co-Sponsor Rep. Sonya M. Harper
  5/18/2017HouseAdded Alternate Co-Sponsor Rep. John M. Cabello
  5/18/2017HouseAlternate Co-Sponsor Removed Rep. John M. Cabello
  5/23/2017HouseSecond Reading - Short Debate
  5/23/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/23/2017HouseAdded Alternate Chief Co-Sponsor Rep. Justin Slaughter
  5/24/2017HouseAdded Alternate Chief Co-Sponsor Rep. John M. Cabello
  5/26/2017HouseFinal Action Deadline Extended-9(b) May 31, 2017
  5/29/2017HouseThird Reading - Short Debate - Passed 073-039-000
  5/29/2017SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/29/2017SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 30, 2017
  5/29/2017SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  5/29/2017SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/30/2017HouseAdded Alternate Chief Co-Sponsor Rep. William Davis
  5/30/2017SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Licensed Activities and Pensions
  5/30/2017SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Licensed Activities and Pensions; 009-001-000
  5/31/2017SenateHouse Committee Amendment No. 1 Senate Concurs 046-000-000
  5/31/2017SenateSenate Concurs
  5/31/2017SenatePassed Both Houses
  6/29/2017SenateSent to the Governor
  8/24/2017SenateGovernor Approved
  8/24/2017SenateEffective Date January 1, 2018
  8/24/2017SenatePublic Act . . . . . . . . . 100-0286

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