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093_HB0569sam002
LRB093 05565 RLC 16862 a
1 AMENDMENT TO HOUSE BILL 569
2 AMENDMENT NO. . Amend House Bill 569 by replacing
3 everything after the enacting clause with the following:
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 fromknowingly 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 iswithout 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
-2- LRB093 05565 RLC 16862 a
1 to Chapter V as follows:
2 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
3 Sec. 3-3-2. Powers and Duties.
4 (a) The Parole and Pardon Board is abolished and the
5 term "Parole and Pardon Board" as used in any law of
6 Illinois, shall read "Prisoner Review Board." After the
7 effective date of this amendatory Act of 1977, the Prisoner
8 Review Board shall provide by rule for the orderly transition
9 of all files, records, and documents of the Parole and Pardon
10 Board and for such other steps as may be necessary to effect
11 an orderly transition and shall:
12 (1) hear by at least one member and through a panel
13 of at least 3 members decide, cases of prisoners who were
14 sentenced under the law in effect prior to the effective
15 date of this amendatory Act of 1977, and who are eligible
16 for parole;
17 (2) hear by at least one member and through a panel
18 of at least 3 members decide, the conditions of parole
19 and the time of discharge from parole, impose sanctions
20 for violations of parole, and revoke parole for those
21 sentenced under the law in effect prior to this
22 amendatory Act of 1977; provided that the decision to
23 parole and the conditions of parole for all prisoners who
24 were sentenced for first degree murder or who received a
25 minimum sentence of 20 years or more under the law in
26 effect prior to February 1, 1978 shall be determined by a
27 majority vote of the Prisoner Review Board;
28 (3) hear by at least one member and through a panel
29 of at least 3 members decide, the conditions of mandatory
30 supervised release and the time of discharge from
31 mandatory supervised release, impose sanctions for
32 violations of mandatory supervised release, and revoke
33 mandatory supervised release for those sentenced under
-3- LRB093 05565 RLC 16862 a
1 the law in effect after the effective date of this
2 amendatory Act of 1977;
3 (4) hear by at least 1 member and through a panel
4 of at least 3 members, decide cases brought by the
5 Department of Corrections against a prisoner in the
6 custody of the Department for alleged violation of
7 Department rules with respect to good conduct credits
8 pursuant to Section 3-6-3 of this Code in which the
9 Department seeks to revoke good conduct credits, if the
10 amount of time at issue exceeds 30 days or when, during
11 any 12 month period, the cumulative amount of credit
12 revoked exceeds 30 days except where the infraction is
13 committed or discovered within 60 days of scheduled
14 release. In such cases, the Department of Corrections may
15 revoke up to 30 days of good conduct credit. The Board
16 may subsequently approve the revocation of additional
17 good conduct credit, if the Department seeks to revoke
18 good conduct credit in excess of thirty days. However,
19 the Board shall not be empowered to review the
20 Department's decision with respect to the loss of 30 days
21 of good conduct credit for any prisoner or to increase
22 any penalty beyond the length requested by the
23 Department;
24 (5) hear by at least one member and through a panel
25 of at least 3 members decide, the release dates for
26 certain prisoners sentenced under the law in existence
27 prior to the effective date of this amendatory Act of
28 1977, in accordance with Section 3-3-2.1 of this Code;
29 (6) hear by at least one member and through a panel
30 of at least 3 members decide, all requests for pardon,
31 reprieve or commutation, and make confidential
32 recommendations to the Governor;
33 (7) comply with the requirements of the Open Parole
34 Hearings Act; and
-4- LRB093 05565 RLC 16862 a
1 (8) hear by at least one member and, through a
2 panel of at least 3 members, decide cases brought by the
3 Department of Corrections against a prisoner in the
4 custody of the Department for court dismissal of a
5 frivolous lawsuit pursuant to Section 3-6-3(d) of this
6 Code in which the Department seeks to revoke up to 180
7 days of good conduct credit, and if the prisoner has not
8 accumulated 180 days of good conduct credit at the time
9 of the dismissal, then all good conduct credit
10 accumulated by the prisoner shall be revoked; and.
11 (9) hear by at least 3 members, and, through a
12 panel of at least 3 members, decide whether to grant
13 certificates of relief from disabilities or certificates
14 of good conduct as provided in Article 5.5 of Chapter V.
15 (a-5) 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
18 implement a pilot project in 3 correctional institutions
19 providing for the conduct of hearings under paragraphs (1)
20 and (4) of subsection (a) of this Section through interactive
21 video conferences. The project shall be implemented within 6
22 months after the effective date of this amendatory Act of
23 1996. Within 6 months after the implementation of the pilot
24 project, the Prisoner Review Board, with the cooperation of
25 and in coordination with the Department of Corrections and
26 the Department of Central Management Services, shall report
27 to the Governor and the General Assembly regarding the use,
28 costs, effectiveness, and future viability of interactive
29 video conferences for Prisoner Review Board hearings.
30 (b) Upon recommendation of the Department the Board may
31 restore good conduct credit previously revoked.
32 (c) The Board shall cooperate with the Department in
33 promoting an effective system of parole and mandatory
34 supervised release.
-5- LRB093 05565 RLC 16862 a
1 (d) The Board shall promulgate rules for the conduct of
2 its work, and the Chairman shall file a copy of such rules
3 and any amendments thereto with the Director and with the
4 Secretary of State.
5 (e) The Board shall keep records of all of its official
6 actions and shall make them accessible in accordance with law
7 and the rules of the Board.
8 (f) The Board or one who has allegedly violated the
9 conditions of his parole or mandatory supervised release may
10 require by subpoena the attendance and testimony of witnesses
11 and the production of documentary evidence relating to any
12 matter under investigation or hearing. The Chairman of the
13 Board may sign subpoenas which shall be served by any agent
14 or public official authorized by the Chairman of the Board,
15 or by any person lawfully authorized to serve a subpoena
16 under the laws of the State of Illinois. The attendance of
17 witnesses, and the production of documentary evidence, may be
18 required from any place in the State to a hearing location in
19 the State before the Chairman of the Board or his designated
20 agent or agents or any duly constituted Committee or
21 Subcommittee of the Board. Witnesses so summoned shall be
22 paid the same fees and mileage that are paid witnesses in the
23 circuit courts of the State, and witnesses whose depositions
24 are taken and the persons taking those depositions are each
25 entitled to the same fees as are paid for like services in
26 actions in the circuit courts of the State. Fees and mileage
27 shall be vouchered for payment when the witness is discharged
28 from further attendance.
29 In case of disobedience to a subpoena, the Board may
30 petition any circuit court of the State for an order
31 requiring the attendance and testimony of witnesses or the
32 production of documentary evidence or both. A copy of such
33 petition shall be served by personal service or by registered
34 or certified mail upon the person who has failed to obey the
-6- LRB093 05565 RLC 16862 a
1 subpoena, and such person shall be advised in writing that a
2 hearing upon the petition will be requested in a court room
3 to be designated in such notice before the judge hearing
4 motions or extraordinary remedies at a specified time, on a
5 specified date, not less than 10 nor more than 15 days after
6 the deposit of the copy of the written notice and petition in
7 the U.S. mails addressed to the person at his last known
8 address or after the personal service of the copy of the
9 notice and petition upon such person. The court upon the
10 filing of such a petition, may order the person refusing to
11 obey the subpoena to appear at an investigation or hearing,
12 or to there produce documentary evidence, if so ordered, or
13 to give evidence relative to the subject matter of that
14 investigation or hearing. Any failure to obey such order of
15 the circuit court may be punished by that court as a contempt
16 of court.
17 Each member of the Board and any hearing officer
18 designated by the Board shall have the power to administer
19 oaths and to take the testimony of persons under oath.
20 (g) Except under subsection (a) of this Section, a
21 majority of the members then appointed to the Prisoner Review
22 Board shall constitute a quorum for the transaction of all
23 business of the Board.
24 (h) The Prisoner Review Board shall annually transmit to
25 the Director a detailed report of its work for the preceding
26 calendar year. The annual report shall also be transmitted to
27 the Governor for submission to the Legislature.
28 (Source: P.A. 90-14, eff. 7-1-97; 91-798, eff. 7-9-00;
29 91-946, eff. 2-9-01.)
30 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
31 Sec. 5-5-5. Loss and Restoration of Rights.
32 (a) Conviction and disposition shall not entail the loss
33 by the defendant of any civil rights, except under this
-7- LRB093 05565 RLC 16862 a
1 Section and Sections 29-6 and 29-10 of The Election Code, as
2 now or hereafter amended.
3 (b) A person convicted of a felony shall be ineligible
4 to hold an office created by the Constitution of this State
5 until the completion of his sentence.
6 (c) A person sentenced to imprisonment shall lose his
7 right to vote until released from imprisonment.
8 (d) On completion of sentence of imprisonment or upon
9 discharge from probation, conditional discharge or periodic
10 imprisonment, or at any time thereafter, all license rights
11 and privileges granted under the authority of this State
12 which have been revoked or suspended because of conviction of
13 an offense shall be restored unless the authority having
14 jurisdiction of such license rights finds after investigation
15 and hearing that restoration is not in the public interest.
16 This paragraph (d) shall not apply to the suspension or
17 revocation of a license to operate a motor vehicle under the
18 Illinois Vehicle Code.
19 (e) Upon a person's discharge from incarceration or
20 parole, or upon a person's discharge from probation or at any
21 time thereafter, the committing court may enter an order
22 certifying that the sentence has been satisfactorily
23 completed when the court believes it would assist in the
24 rehabilitation of the person and be consistent with the
25 public welfare. Such order may be entered upon the motion of
26 the defendant or the State or upon the court's own motion.
27 (f) Upon entry of the order, the court shall issue to
28 the person in whose favor the order has been entered a
29 certificate stating that his behavior after conviction has
30 warranted the issuance of the order.
31 (g) This Section shall not affect the right of a
32 defendant to collaterally attack his conviction or to rely on
33 it in bar of subsequent proceedings for the same offense.
34 (h) No application for any license granted under the
-8- LRB093 05565 RLC 16862 a
1 authority of this State shall be denied by reason of an
2 eligible offender, as defined in Article 5.5 of this Chapter,
3 having been previously convicted of one or more criminal
4 offenses, or by reason of a finding of lack of "good moral
5 character" when the finding is based upon the fact that the
6 applicant has previously been convicted of one or more
7 criminal offenses, unless:
8 (1) there is a direct relationship between one or
9 more of the previous criminal offenses and the specific
10 license sought; or
11 (2) the issuance of the license would involve an
12 unreasonable risk to property or to the safety or welfare
13 of specific individuals or the general public.
14 In making such a determination, the licensing agency
15 shall consider the following factors:
16 (1) the public policy of this State, as expressed
17 in Article 5.5 of this Chapter, to encourage the
18 licensure and employment of persons previously convicted
19 of one or more criminal offenses;
20 (2) the specific duties and responsibilities
21 necessarily related to the license being sought;
22 (3) the bearing, if any, the criminal offenses or
23 offenses for which the person was previously convicted
24 will have on his or her fitness or ability to perform one
25 or more such duties and responsibilities;
26 (4) the time which has elapsed since the occurrence
27 of the criminal offense or offenses;
28 (5) the age of the person at the time of occurrence
29 of the criminal offense or offenses;
30 (6) the seriousness of the offense or offenses;
31 (7) any information produced by the person or
32 produced on his or her behalf in regard to his or her
33 rehabilitation and good conduct, including a certificate
34 of relief from disabilities issued to the applicant,
-9- LRB093 05565 RLC 16862 a
1 which certificate shall create a presumption of
2 rehabilitation in regard to the offense or offenses
3 specified in the certificate; and
4 (8) the legitimate interest of the licensing agency
5 in protecting property, and the safety and welfare of
6 specific individuals or the general public.
7 (i) A certificate of relief from disabilities shall be
8 issued only for a license or certification issued under the
9 following Acts:
10 (1) the Animal Welfare Act; except that a
11 certificate of relief from disabilities may not be
12 granted to provide for the issuance or restoration of a
13 license under the Animal Welfare Act for any person
14 convicted of violating Section 3, 3.01, 3.02, 3.03,
15 3.03-1, or 4.01 of the Humane Care for Animals Act or
16 Section 26-5 of the Criminal Code of 1961;
17 (2) the Illinois Athletic Trainers Practice Act;
18 (3) the Barber, Cosmetology, Esthetics, and Nail
19 Technology Act of 1985;
20 (4) the Boiler and Pressure Vessel Repairer
21 Regulation Act;
22 (5) the Professional Boxing Act;
23 (6) the Illinois Certified Shorthand Reporters Act
24 of 1984;
25 (7) the Illinois Farm Labor Contractor
26 Certification Act;
27 (8) the Interior Design Title Act;
28 (9) the Illinois Professional Land Surveyor Act of
29 1989;
30 (10) the Illinois Landscape Architecture Act of
31 1989;
32 (11) the Marriage and Family Therapy Licensing Act;
33 (12) the Private Employment Agency Act;
34 (13) the Professional Counselor and Clinical
-10- LRB093 05565 RLC 16862 a
1 Professional Counselor Licensing Act;
2 (14) the Real Estate License Act of 2000; and
3 (15) the Illinois Roofing Industry Licensing Act.
4 (Source: P.A. 86-558.)
5 (730 ILCS 5/Chap. V, Art. 5.5 heading new)
6 ARTICLE 5.5. DISCRETIONARY RELIEF FROM FORFEITURES AND
7 DISABILITIES AUTOMATICALLY IMPOSED BY LAW
8 (730 ILCS 5/5-5.5-5 new)
9 Sec. 5-5.5-5. Definitions and rules of construction. In
10 this Article:
11 "Eligible offender" means a person who has been convicted
12 of a crime or of an offense that is not a crime of violence
13 as defined in Section 2 of the Crime Victims Compensation
14 Act, a Class X or a nonprobationable offense, or a violation
15 of Article 11 or Article 12 of the Criminal Code of 1961, but
16 who has not been convicted more than once of a felony.
17 "Felony" means a conviction of a felony in this State, or
18 of an offense in any other jurisdiction for which a sentence
19 to a term of imprisonment in excess of one year, was
20 authorized.
21 For the purposes of this Article the following rules of
22 construction apply:
23 (i) two or more convictions of felonies charged in
24 separate counts of one indictment or information shall be
25 deemed to be one conviction;
26 (ii) two or more convictions of felonies charged in
27 2 or more indictments or informations, filed in the same
28 court prior to entry of judgment under any of them, shall
29 be deemed to be one conviction; and
30 (iii) a plea or a verdict of guilty upon which a
31 sentence of probation, conditional discharge, or
32 supervision has been imposed shall be deemed to be a
-11- LRB093 05565 RLC 16862 a
1 conviction.
2 (730 ILCS 5/5-5.5-10 new)
3 Sec. 5-5.5-10. Certificate of relief from disabilities.
4 A certificate of relief from disabilities does not,
5 however, in any way prevent any judicial, administrative,
6 licensing, or other body, board, or authority from relying
7 upon the conviction specified in the certificate as the basis
8 for the exercise of its discretionary power to suspend,
9 revoke, or refuse to issue or refuse to renew any license,
10 permit, or other authority or privilege.
11 (730 ILCS 5/5-5.5-15 new)
12 Sec. 5-5.5-15. Certificates of relief from disabilities
13 issued by courts.
14 (a) Any circuit court of this State may, in its
15 discretion, issue a certificate of relief from disabilities
16 to an eligible offender for a conviction that occurred in
17 that court if the court imposed a sentence other than one
18 executed by commitment to an institution under the Department
19 of Corrections. The certificate may be issued (i) at the time
20 sentence is pronounced, in which case it may grant relief
21 from disabilities, or (ii) at any time thereafter, in which
22 case it shall apply only to disabilities.
23 (b) The certificate may not be issued by the court
24 unless the court is satisfied that:
25 (1) the person to whom it is to be granted is an
26 eligible offender, as defined in Section 5-5.5-5;
27 (2) the relief to be granted by the certificate is
28 consistent with the rehabilitation of the eligible
29 offender; and
30 (3) the relief to be granted by the certificate is
31 consistent with the public interest.
32 (c) If a certificate of relief from disabilities is not
-12- LRB093 05565 RLC 16862 a
1 issued at the time sentence is pronounced it shall only be
2 issued thereafter upon verified application to the court. The
3 court may, for the purpose of determining whether the
4 certificate shall be issued, request the probation or court
5 services department to conduct an investigation of the
6 applicant. Any probation officer requested to make an
7 investigation under this Section shall prepare and submit to
8 the court a written report in accordance with the request.
9 (d) Any court that has issued a certificate of relief
10 from disabilities may at any time issue a new certificate to
11 enlarge the relief previously granted provided that the
12 provisions of clauses (1) through (3) of subsection (b) of
13 this Section apply to the issuance of any such new
14 certificate.
15 (e) Any written report submitted to the court under this
16 Section is confidential and may not be made available to any
17 person or public or private agency except if specifically
18 required or permitted by statute or upon specific
19 authorization of the court. However, it shall be made
20 available by the court for examination by the applicant's
21 attorney, or the applicant himself or herself, if he or she
22 has no attorney. In its discretion, the court may except from
23 disclosure a part or parts of the report that are not
24 relevant to the granting of a certificate, or sources of
25 information which have been obtained on a promise of
26 confidentiality, or any other portion of the report,
27 disclosure of which would not be in the interest of justice.
28 The action of the court excepting information from disclosure
29 shall be subject to appellate review. The court, in its
30 discretion, may hold a conference in open court or in
31 chambers to afford an applicant an opportunity to controvert
32 or to comment upon any portions of the report. The court may
33 also conduct a summary hearing at the conference on any
34 matter relevant to the granting of the application and may
-13- LRB093 05565 RLC 16862 a
1 take testimony under oath.
2 (730 ILCS 5/5-5.5-20 new)
3 Sec. 5-5.5-20. Certificates of relief from disabilities
4 issued by the Prisoner Review Board.
5 (a) The Prisoner Review Board shall have the power to
6 issue a certificate of relief from disabilities to:
7 (1) any eligible offender who has been committed
8 to an institution under the jurisdiction of the
9 Department of Corrections. The certificate may be issued
10 by the Board at the time the offender is released from
11 the institution under the conditions of parole or
12 mandatory supervised release or at any time thereafter;
13 or
14 (2) any eligible offender who resides within this
15 State and whose judgment of conviction was rendered by a
16 court in any other jurisdiction.
17 (b) If the Prisoner Review Board has issued a certificate
18 of relief from disabilities, the Board may at any time issue
19 a new certificate enlarging the relief previously granted.
20 (c) The Prisoner Review Board may not issue any
21 certificate of relief from disabilities under subsections (a)
22 or (b), unless the Board is satisfied that:
23 (1) the person to whom it is to be granted is an
24 eligible offender, as defined in Section 5-5.5-5;
25 (2) the relief to be granted by the certificate is
26 consistent with the rehabilitation of the eligible
27 offender; and
28 (3) the relief to be granted by the certificate is
29 consistent with the public interest.
30 (d) Any certificate of relief from disabilities issued
31 by the Prisoner Review Board to an eligible offender, who at
32 time of the issuance of the certificate is under the
33 conditions of parole or mandatory supervised release
-14- LRB093 05565 RLC 16862 a
1 established by the Board, shall be deemed to be a temporary
2 certificate until such time as the eligible offender is
3 discharged from parole or mandatory supervised release, and,
4 while temporary, the certificate may be revoked by the Board
5 for violation of the conditions of parole or mandatory
6 supervised release. Revocation shall be upon notice to the
7 parolee or releasee, who shall be accorded an opportunity to
8 explain the violation prior to a decision on the revocation
9 of the certificate. If the certificate is not so revoked, it
10 shall become a permanent certificate upon expiration or
11 termination of the offender's parole or mandatory supervised
12 release term.
13 (e) In granting or revoking a certificate of relief from
14 disabilities, the action of the Prisoner Review Board shall
15 be by unanimous vote of the members authorized to grant or
16 revoke parole or mandatory supervised release.
17 (f) The certificate may be limited to one or more
18 enumerated disabilities or bars, or may relieve the
19 individual of all disabilities and bars.
20 (730 ILCS 5/5-5.5-25 new)
21 Sec. 5-5.5-25. Certificate of good conduct.
22 (a) A certificate of good conduct may be granted as
23 provided in this Section to an eligible offender as defined
24 in Section 5-5.5-5 of this Code who has demonstrated that he
25 or she has been a law-abiding citizen and is fully
26 rehabilitated.
27 (b) A certificate of good conduct may not, however, in
28 any way prevent any judicial, administrative, licensing, or
29 other body, board, or authority from considering the
30 conviction specified in the certificate in accordance with
31 the provisions of this Article.
32 (730 ILCS 5/5-5.5-30 new)
-15- LRB093 05565 RLC 16862 a
1 Sec. 5-5.5-30. Issuance of certificate of good conduct.
2 (a) The Prisoner Review Board, or any 3 members of the
3 Board by unanimous vote, shall have the power to issue a
4 certificate of good conduct to any eligible offender
5 previously convicted of a crime in this State, when the Board
6 is satisfied that:
7 (1) the applicant has conducted himself or herself
8 in a manner warranting the issuance for a minimum period
9 in accordance with the provisions of subsection (c) of
10 this Section;
11 (2) the relief to be granted by the certificate is
12 consistent with the rehabilitation of the applicant; and
13 (3) the relief to be granted is consistent with the
14 public interest.
15 (b) The Prisoner Review Board, or any 3 members of the
16 Board by unanimous vote, shall have the power to issue a
17 certificate of good conduct to any person previously
18 convicted of a crime in any other jurisdiction, when the
19 Board is satisfied that the provisions of paragraphs (1),
20 (2), and (3) of subsection (a) of this Section have been met.
21 (c) The minimum period of good conduct by the individual
22 referred to in paragraph (1) of subsection (a) of this
23 Section, shall be as follows: if the most serious crime of
24 which the individual was convicted is a misdemeanor, the
25 minimum period of good conduct shall be one year; if the most
26 serious crime of which the individual was convicted is a
27 Class 1, 2, 3, or 4 felony, the minimum period of good
28 conduct shall be 3 years. Criminal acts committed outside the
29 State shall be classified as acts committed within the State
30 based on the maximum sentence that could have been imposed
31 based upon the conviction under the laws of the foreign
32 jurisdiction. The minimum period of good conduct by the
33 individual shall be measured either from the date of the
34 payment of any fine imposed upon him or her, or from the date
-16- LRB093 05565 RLC 16862 a
1 of his or her release from custody by parole, mandatory
2 supervised release or commutation or termination of his or
3 her sentence. The Board shall have power and it shall be its
4 duty to investigate all persons when the application is made
5 and to grant or deny the same within a reasonable time after
6 the making of the application.
7 (d) If the Prisoner Review Board has issued a certificate
8 of good conduct, the Board may at any time issue a new
9 certificate enlarging the relief previously granted.
10 (e) Any certificate of good conduct by the Prisoner
11 Review Board to an individual who at the time of the issuance
12 of the certificate is under the conditions of parole or
13 mandatory supervised release imposed by the Board shall be
14 deemed to be a temporary certificate until the time as the
15 individual is discharged from the terms of parole or
16 mandatory supervised release, and, while temporary, the
17 certificate may be revoked by the Board for violation of the
18 conditions of parole or mandatory supervised release.
19 Revocation shall be upon notice to the parolee or releasee,
20 who shall be accorded an opportunity to explain the violation
21 prior to a decision on the revocation. If the certificate is
22 not so revoked, it shall become a permanent certificate upon
23 expiration or termination of the offender's parole or
24 mandatory supervised release term.
25 (730 ILCS 5/5-5.5-35 new)
26 Sec. 5-5.5-35. Effect of revocation; use of revoked
27 certificate.
28 (a) If a certificate of relief from disabilities is
29 deemed to be temporary and the certificate is revoked,
30 disabilities and forfeitures thereby relieved shall be
31 reinstated as of the date upon which the person to whom the
32 certificate was issued receives written notice of the
33 revocation. Any such person shall upon receipt of the notice
-17- LRB093 05565 RLC 16862 a
1 surrender the certificate to the issuing court or Board.
2 (b) A person who knowingly uses or attempts to use a
3 revoked certificate of relief from disabilities in order to
4 obtain or to exercise any right or privilege that he or she
5 would not be entitled to obtain or to exercise without a
6 valid certificate is guilty of a Class A misdemeanor.
7 (730 ILCS 5/5-5.5-40 new)
8 Sec. 5-5.5-40. Forms and filing.
9 (a) All applications, certificates, and orders of
10 revocation necessary for the purposes of this Article shall
11 be upon forms prescribed under an agreement among the
12 Director of Corrections and the Chairman of the Prisoner
13 Review Board and the Chief Justice of the Supreme Court or
14 his or her designee. The forms relating to certificates of
15 relief from disabilities shall be distributed by the Director
16 of the Division of Probation Services and forms relating to
17 certificates of good conduct shall be distributed by the
18 Chairman of the Prisoner Review Board.
19 (b) Any court or board issuing or revoking any
20 certificate under this Article shall immediately file a copy
21 of the certificate or of the order of revocation with the
22 Director of State Police.
23 (730 ILCS 5/5-5.5-45 new)
24 Sec. 5-5.5-45. Certificate not to be deemed to be a
25 pardon. Nothing contained in this Article shall be deemed to
26 alter or limit or affect the manner of applying for pardons
27 to the Governor, and no certificate issued under this Article
28 shall be deemed or construed to be a pardon.
29 (730 ILCS 5/5-5.5-50 new)
30 Sec. 5-5.5-50. Report. The Department of Professional
31 Regulation shall report to the General Assembly by November
-18- LRB093 05565 RLC 16862 a
1 30 of each year, for each occupational licensure category,
2 the number of licensure applicants with felony convictions,
3 the number of applicants with certificates of relief from
4 disabilities, the number of licenses awarded to applicants
5 with felony convictions, the number of licenses awarded to
6 applicants with certificates of relief from disabilities, the
7 number of applicants with felony convictions denied licenses,
8 and the number of applicants with certificates of relief from
9 disabilities denied licenses.
10 Section 99. Effective date. This Act takes effect
11 January 1, 2004.".
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