Public Act 93-0207

HB0569 Enrolled                      LRB093 05565 MBS 05657 b

    AN ACT in relation to criminal law.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (730 ILCS 5/5-5.5-45 new)
    Sec. 5-5.5-45. Certificate not  to  be  deemed  to  be  a
pardon.  Nothing contained in this Article shall be deemed to
alter or limit or affect the manner of applying  for  pardons
to the Governor, and no certificate issued under this Article
shall be deemed or construed to be a pardon.
    (730 ILCS 5/5-5.5-50 new)
    Sec.  5-5.5-50.  Report.  The  Department of Professional
Regulation shall report to the General Assembly  by  November
30  of  each  year, for each occupational licensure category,
the number of licensure applicants with  felony  convictions,
the  number  of  applicants  with certificates of relief from
disabilities, the number of licenses  awarded  to  applicants
with  felony  convictions,  the number of licenses awarded to
applicants with certificates of relief from disabilities, the
number of applicants with felony convictions denied licenses,
and the number of applicants with certificates of relief from
disabilities denied licenses.

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