Illinois General Assembly - Full Text of HB0569
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Full Text of HB0569  93rd General Assembly

HB0569sam003 93rd General Assembly


093_HB0569sam003











                                     LRB093 05565 RLC 17036 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 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
 
                            -2-      LRB093 05565 RLC 17036 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 17036 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 17036 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 17036 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 17036 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 17036 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  specified  in
 
                            -8-      LRB093 05565 RLC 17036 a
 1    subsection (i) of this Section granted under the authority of
 2    this State shall be denied by reason of an eligible  offender
 3    who  has  obtained a certificate of relief from disabilities,
 4    as defined in  Article  5.5  of  this  Chapter,  having  been
 5    previously  convicted of one or more criminal offenses, or by
 6    reason of a finding of lack of "good  moral  character"  when
 7    the  finding  is  based  upon the fact that the applicant has
 8    previously been convicted of one or more  criminal  offenses,
 9    unless:
10             (1)  there  is  a direct relationship between one or
11        more of the previous criminal offenses and  the  specific
12        license sought; or
13             (2)  the  issuance  of  the license would involve an
14        unreasonable risk to property or to the safety or welfare
15        of specific individuals or the general public.
16        In making such  a  determination,  the  licensing  agency
17    shall consider the following factors:
18             (1)  the  public  policy of this State, as expressed
19        in  Article  5.5  of  this  Chapter,  to  encourage   the
20        licensure  and employment of persons previously convicted
21        of one or more criminal offenses;
22             (2)  the  specific   duties   and   responsibilities
23        necessarily related to the license being sought;
24             (3)  the  bearing,  if any, the criminal offenses or
25        offenses for which the person  was  previously  convicted
26        will have on his or her fitness or ability to perform one
27        or more such duties and responsibilities;
28             (4)  the time which has elapsed since the occurrence
29        of the criminal offense or offenses;
30             (5)  the age of the person at the time of occurrence
31        of the criminal offense or offenses;
32             (6)  the seriousness of the offense or offenses;
33             (7)  any  information  produced  by  the  person  or
34        produced  on  his  or  her behalf in regard to his or her
 
                            -9-      LRB093 05565 RLC 17036 a
 1        rehabilitation and good conduct, including a  certificate
 2        of  relief  from  disabilities  issued  to the applicant,
 3        which  certificate  shall   create   a   presumption   of
 4        rehabilitation  in  regard  to  the  offense  or offenses
 5        specified in the certificate; and
 6             (8)  the legitimate interest of the licensing agency
 7        in protecting property, and the  safety  and  welfare  of
 8        specific individuals or the general public.
 9        (i)  A  certificate  of relief from disabilities shall be
10    issued only for a license or certification issued  under  the
11    following Acts:
12             (1)  the   Animal   Welfare   Act;   except  that  a
13        certificate  of  relief  from  disabilities  may  not  be
14        granted to provide for the issuance or restoration  of  a
15        license  under  the  Animal  Welfare  Act  for any person
16        convicted of  violating  Section  3,  3.01,  3.02,  3.03,
17        3.03-1,  or  4.01  of  the Humane Care for Animals Act or
18        Section 26-5 of the Criminal Code of 1961;
19             (2)  the Illinois Athletic Trainers Practice Act;
20             (3)  the Barber, Cosmetology,  Esthetics,  and  Nail
21        Technology Act of 1985;
22             (4)  the   Boiler   and   Pressure  Vessel  Repairer
23        Regulation Act;
24             (5)  the Professional Boxing Act;
25             (6)  the Illinois Certified Shorthand Reporters  Act
26        of 1984;
27             (7)  the     Illinois    Farm    Labor    Contractor
28        Certification Act;
29             (8)  the Interior Design Title Act;
30             (9)  the Illinois Professional Land Surveyor Act  of
31        1989;
32             (10)  the  Illinois  Landscape  Architecture  Act of
33        1989;
34             (11)  the Marriage and Family Therapy Licensing Act;
 
                            -10-     LRB093 05565 RLC 17036 a
 1             (12)  the Private Employment Agency Act;
 2             (13)  the  Professional   Counselor   and   Clinical
 3        Professional Counselor Licensing Act;
 4             (14)  the Real Estate License Act of 2000; and
 5             (15)  the Illinois Roofing Industry Licensing Act.
 6    (Source: P.A. 86-558.)

 7        (730 ILCS 5/Chap. V, Art. 5.5 heading new)
 8        ARTICLE  5.5.  DISCRETIONARY  RELIEF FROM FORFEITURES AND
 9    DISABILITIES AUTOMATICALLY IMPOSED BY LAW

10        (730 ILCS 5/5-5.5-5 new)
11        Sec. 5-5.5-5. Definitions and rules of  construction.  In
12    this Article:
13        "Eligible offender" means a person who has been convicted
14    of  a  crime or of an offense that is not a crime of violence
15    as defined in Section 2 of  the  Crime  Victims  Compensation
16    Act,  a Class X or a nonprobationable offense, or a violation
17    of Article 11 or Article 12 of the Criminal Code of 1961, but
18    who has not been convicted more than once of a felony.
19        "Felony" means a conviction of a felony in this State, or
20    of an offense in any other jurisdiction for which a  sentence
21    to  a  term  of  imprisonment  in  excess  of  one  year, was
22    authorized.
23        For the purposes of this Article the following  rules  of
24    construction apply:
25             (i)  two  or more convictions of felonies charged in
26        separate counts of one indictment or information shall be
27        deemed to be one conviction;
28             (ii)  two or more convictions of felonies charged in
29        2 or more indictments or informations, filed in the  same
30        court prior to entry of judgment under any of them, shall
31        be deemed to be one conviction; and
32             (iii)  a  plea  or  a verdict of guilty upon which a
 
                            -11-     LRB093 05565 RLC 17036 a
 1        sentence  of   probation,   conditional   discharge,   or
 2        supervision  has  been  imposed  shall  be deemed to be a
 3        conviction.

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

18        (730 ILCS 5/5-5.5-15 new)
19        Sec. 5-5.5-15. Certificates of relief  from  disabilities
20    issued by courts.
21        (a)  Any   circuit  court  of  this  State  may,  in  its
22    discretion, issue a certificate of relief  from  disabilities
23    to  an  eligible  offender  for a conviction that occurred in
24    that court if the court imposed a  sentence  other  than  one
25    executed by commitment to an institution under the Department
26    of Corrections. The certificate may be issued (i) at the time
27    sentence  is  pronounced,  in  which case it may grant relief
28    from disabilities, or (ii) at any time thereafter,  in  which
29    case it shall apply only to disabilities.
30        (b)  The  certificate  may  not  be  issued  by the court
31    unless the court is satisfied that:
32             (1)  the person to whom it is to be  granted  is  an
 
                            -12-     LRB093 05565 RLC 17036 a
 1        eligible offender, as defined in Section 5-5.5-5;
 2             (2)  the  relief to be granted by the certificate is
 3        consistent  with  the  rehabilitation  of  the   eligible
 4        offender; and
 5             (3)  the  relief to be granted by the certificate is
 6        consistent with the public interest.
 7        (c) If a certificate of relief from disabilities  is  not
 8    issued  at  the  time sentence is pronounced it shall only be
 9    issued thereafter upon verified application to the court. The
10    court  may,  for  the  purpose  of  determining  whether  the
11    certificate shall be issued, request the probation  or  court
12    services  department  to  conduct  an  investigation  of  the
13    applicant.   Any  probation  officer  requested  to  make  an
14    investigation under this Section shall prepare and submit  to
15    the court a written report in accordance with the request.
16        (d)  Any  court  that  has issued a certificate of relief
17    from disabilities may at any time issue a new certificate  to
18    enlarge  the  relief  previously  granted  provided  that the
19    provisions of clauses (1) through (3) of  subsection  (b)  of
20    this   Section   apply  to  the  issuance  of  any  such  new
21    certificate.
22        (e)  Any written report submitted to the court under this
23    Section is confidential and may not be made available to  any
24    person  or  public  or  private agency except if specifically
25    required  or  permitted   by   statute   or   upon   specific
26    authorization  of  the  court.  However,  it  shall  be  made
27    available  by  the  court  for examination by the applicant's
28    attorney, or the applicant himself or herself, if he  or  she
29    has no attorney. In its discretion, the court may except from
30    disclosure  a  part  or  parts  of  the  report  that are not
31    relevant to the granting of  a  certificate,  or  sources  of
32    information   which  have  been  obtained  on  a  promise  of
33    confidentiality,  or  any  other  portion  of   the   report,
34    disclosure  of which would not be in the interest of justice.
 
                            -13-     LRB093 05565 RLC 17036 a
 1    The action of the court excepting information from disclosure
 2    shall be subject to  appellate  review.  The  court,  in  its
 3    discretion,  may  hold  a  conference  in  open  court  or in
 4    chambers to afford an applicant an opportunity to  controvert
 5    or  to comment upon any portions of the report. The court may
 6    also conduct a summary  hearing  at  the  conference  on  any
 7    matter  relevant  to  the granting of the application and may
 8    take testimony under oath.

 9        (730 ILCS 5/5-5.5-20 new)
10        Sec. 5-5.5-20. Certificates of relief  from  disabilities
11    issued by the Prisoner Review Board.
12        (a)  The  Prisoner  Review  Board shall have the power to
13    issue a certificate of relief from disabilities to:
14             (1)   any eligible offender who has  been  committed
15        to   an   institution   under  the  jurisdiction  of  the
16        Department of Corrections. The certificate may be  issued
17        by  the  Board  at the time the offender is released from
18        the  institution  under  the  conditions  of  parole   or
19        mandatory  supervised  release or at any time thereafter;
20        or
21             (2)  any eligible offender who resides  within  this
22        State  and whose judgment of conviction was rendered by a
23        court in any other jurisdiction.
24        (b) If the Prisoner Review Board has issued a certificate
25    of relief from disabilities, the Board may at any time  issue
26    a new certificate enlarging the relief previously granted.
27        (c)  The   Prisoner   Review  Board  may  not  issue  any
28    certificate of relief from disabilities under subsections (a)
29    or (b), unless the Board is satisfied that:
30             (1)  the person to whom it is to be  granted  is  an
31        eligible offender, as defined in Section 5-5.5-5;
32             (2)  the  relief to be granted by the certificate is
33        consistent  with  the  rehabilitation  of  the   eligible
 
                            -14-     LRB093 05565 RLC 17036 a
 1        offender; and
 2             (3)  the  relief to be granted by the certificate is
 3        consistent with the public interest.
 4        (d)  Any certificate of relief from  disabilities  issued
 5    by  the Prisoner Review Board to an eligible offender, who at
 6    time  of  the  issuance  of  the  certificate  is  under  the
 7    conditions  of  parole  or   mandatory   supervised   release
 8    established  by  the Board, shall be deemed to be a temporary
 9    certificate until such  time  as  the  eligible  offender  is
10    discharged  from parole or mandatory supervised release, and,
11    while temporary, the certificate may be revoked by the  Board
12    for  violation  of  the  conditions  of  parole  or mandatory
13    supervised release. Revocation shall be upon  notice  to  the
14    parolee  or releasee, who shall be accorded an opportunity to
15    explain the violation prior to a decision on  the  revocation
16    of  the certificate. If the certificate is not so revoked, it
17    shall become  a  permanent  certificate  upon  expiration  or
18    termination  of the offender's parole or mandatory supervised
19    release term.
20        (e) In granting or revoking a certificate of relief  from
21    disabilities,  the  action of the Prisoner Review Board shall
22    be by unanimous vote of the members authorized  to  grant  or
23    revoke parole or mandatory supervised release.
24        (f)  The  certificate  may  be  limited  to  one  or more
25    enumerated  disabilities  or  bars,  or   may   relieve   the
26    individual of all disabilities and bars.

27        (730 ILCS 5/5-5.5-25 new)
28        Sec. 5-5.5-25. Certificate of good conduct.
29        (a)  A  certificate  of  good  conduct  may be granted as
30    provided in this Section to an eligible offender  as  defined
31    in  Section 5-5.5-5 of this Code who has demonstrated that he
32    or  she  has  been  a  law-abiding  citizen  and   is   fully
33    rehabilitated.
 
                            -15-     LRB093 05565 RLC 17036 a
 1        (b)  (i)  A certificate of good conduct may not, however,
 2        in   any   way   prevent   any    judicial    proceeding,
 3        administrative,  licensing,  or  other  body,  board,  or
 4        authority  from  considering  the conviction specified in
 5        the certificate.
 6             (ii)  A certificate of good conduct shall not  limit
 7        or  prevent  the  introduction  of  evidence  of  a prior
 8        conviction for purposes of impeachment of a witness in  a
 9        judicial  or  other proceeding where otherwise authorized
10        by the applicable rules of evidence.

11        (730 ILCS 5/5-5.5-30 new)
12        Sec. 5-5.5-30. Issuance of certificate of good conduct.
13        (a)  The Prisoner Review Board, or any 3 members  of  the
14    Board  by  unanimous  vote,  shall  have the power to issue a
15    certificate  of  good  conduct  to  any   eligible   offender
16    previously convicted of a crime in this State, when the Board
17    is satisfied that:
18             (1)  the  applicant has conducted himself or herself
19        in a manner warranting the issuance for a minimum  period
20        in  accordance  with  the provisions of subsection (c) of
21        this Section;
22             (2)  the relief to be granted by the certificate  is
23        consistent with the rehabilitation of the applicant; and
24             (3)  the relief to be granted is consistent with the
25        public interest.
26        (b)  The  Prisoner  Review Board, or any 3 members of the
27    Board by unanimous vote, shall have  the  power  to  issue  a
28    certificate   of   good  conduct  to  any  person  previously
29    convicted of a crime in  any  other  jurisdiction,  when  the
30    Board  is  satisfied  that  the provisions of paragraphs (1),
31    (2), and (3) of subsection (a) of this Section have been met.
32        (c)  The minimum period of good conduct by the individual
33    referred to in  paragraph  (1)  of  subsection  (a)  of  this
 
                            -16-     LRB093 05565 RLC 17036 a
 1    Section,  shall  be  as follows: if the most serious crime of
 2    which the individual was  convicted  is  a  misdemeanor,  the
 3    minimum period of good conduct shall be one year; if the most
 4    serious  crime  of  which  the  individual was convicted is a
 5    Class 1, 2, 3, or  4  felony,  the  minimum  period  of  good
 6    conduct shall be 3 years. Criminal acts committed outside the
 7    State  shall be classified as acts committed within the State
 8    based on the maximum sentence that could  have  been  imposed
 9    based  upon  the  conviction  under  the  laws of the foreign
10    jurisdiction. The minimum  period  of  good  conduct  by  the
11    individual  shall  be  measured  either  from the date of the
12    payment of any fine imposed upon him or her, or from the date
13    of his or her  release  from  custody  by  parole,  mandatory
14    supervised  release  or  commutation or termination of his or
15    her sentence. The Board shall have power and it shall be  its
16    duty  to investigate all persons when the application is made
17    and to grant or deny the same within a reasonable time  after
18    the making of the application.
19        (d) If the Prisoner Review Board has issued a certificate
20    of  good  conduct,  the  Board  may  at  any time issue a new
21    certificate enlarging the relief previously granted.
22        (e) Any certificate  of  good  conduct  by  the  Prisoner
23    Review Board to an individual who at the time of the issuance
24    of  the  certificate  is  under  the  conditions of parole or
25    mandatory supervised release imposed by the  Board  shall  be
26    deemed  to  be  a temporary certificate until the time as the
27    individual  is  discharged  from  the  terms  of  parole   or
28    mandatory  supervised  release,  and,  while  temporary,  the
29    certificate  may be revoked by the Board for violation of the
30    conditions  of  parole  or  mandatory   supervised   release.
31    Revocation  shall  be upon notice to the parolee or releasee,
32    who shall be accorded an opportunity to explain the violation
33    prior to a decision on the revocation. If the certificate  is
34    not  so revoked, it shall become a permanent certificate upon
 
                            -17-     LRB093 05565 RLC 17036 a
 1    expiration  or  termination  of  the  offender's  parole   or
 2    mandatory supervised release term.

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

18        (730 ILCS 5/5-5.5-40 new)
19        Sec. 5-5.5-40. Forms and filing.
20        (a)  All  applications,  certificates,  and   orders   of
21    revocation  necessary  for the purposes of this Article shall
22    be  upon  forms  prescribed  under  an  agreement  among  the
23    Director of Corrections and  the  Chairman  of  the  Prisoner
24    Review  Board  and  the Chief Justice of the Supreme Court or
25    his or her designee. The forms relating  to  certificates  of
26    relief from disabilities shall be distributed by the Director
27    of  the  Division of Probation Services and forms relating to
28    certificates of good conduct  shall  be  distributed  by  the
29    Chairman of the Prisoner Review Board.
30        (b)   Any   court   or  board  issuing  or  revoking  any
31    certificate under this Article shall immediately file a  copy
32    of  the  certificate  or  of the order of revocation with the
 
                            -18-     LRB093 05565 RLC 17036 a
 1    Director of State Police.

 2        (730 ILCS 5/5-5.5-45 new)
 3        Sec. 5-5.5-45. Certificate not  to  be  deemed  to  be  a
 4    pardon.  Nothing contained in this Article shall be deemed to
 5    alter or limit or affect the manner of applying  for  pardons
 6    to the Governor, and no certificate issued under this Article
 7    shall be deemed or construed to be a pardon.

 8        (730 ILCS 5/5-5.5-50 new)
 9        Sec.  5-5.5-50.  Report.  The  Department of Professional
10    Regulation shall report to the General Assembly  by  November
11    30  of  each  year, for each occupational licensure category,
12    the number of licensure applicants with  felony  convictions,
13    the  number  of  applicants  with certificates of relief from
14    disabilities, the number of licenses  awarded  to  applicants
15    with  felony  convictions,  the number of licenses awarded to
16    applicants with certificates of relief from disabilities, the
17    number of applicants with felony convictions denied licenses,
18    and the number of applicants with certificates of relief from
19    disabilities denied licenses.

20        Section 99.   Effective  date.   This  Act  takes  effect
21    January 1, 2004.".