CRIMINAL LAW-TECH Senate SponsorsSen. Kwame Raoul-Mattie Hunter House Sponsors(Rep. Barbara Flynn Currie-Esther Golar) 12/23/2009SenatePublic Act . . . . . . . . . 96-0852 730 ILCS 5/3-14-2from Ch. 38, par. 1003-14-2 Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the supervision of persons on parole or mandatory supervised release.Senate Floor Amendment No. 2 Deletes reference to:730 ILCS 5/3-14-2Adds reference to:20 ILCS 2105/2105-15was 20 ILCS 2105/60730 ILCS 5/5-5.5-5730 ILCS 5/5-5.5-15730 ILCS 5/5-5.5-25730 ILCS 5/5-5.5-30730 ILCS 5/5-5.5-35730 ILCS 5/5-5.5-40730 ILCS 5/5-5.5-20 rep.Replaces everything after the enacting clause. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that within 180 days after the effective date of the amendatory Act, the Department of Financial and Professional Regulation shall promulgate rules which permit a person with a criminal record, who seeks a license or certificate, to apply to the Department for a non-binding, advisory opinion to be provided by the Board or body with the authority to issue the license or certificate as to whether his or her criminal record would bar the individual from the licensure or certification sought, should the individual meet all other licensure requirements including, but not limited to, the successful completion of the relevant examinations. Provides that the Department shall establish a schedule of fees to be paid to the Department by the person applying for the issuance of the non-binding, advisory opinion. Provides that if the person applies for the license or certificate within 2 years of the Department issuing its non-binding, advisory opinion on his or her eligibility for such license or certificate, his or her application fee for the license or certificate shall be reduced by the amount of the non-binding, advisory opinion fee paid under this provision. Amends the Unified Code of Corrections relating to relief from disabilities automatically imposed by law. Provides that the court may grant relief from forfeitures. Defines "eligible offender" for the purposes of relief from disabilities and forfeitures as a person who has been convicted of a crime that does not include an offense or attempted offense that would subject the person to registration under the Sex Offender Registration Act, the Arsonist Registration Act, or the Child Murderer and Violent Offender Against Youth Registration Act (rather than an offense that is not a crime of violence, a Class X or a nonprobationable offense, or a violation of the Sex Offenses or Bodily Harm Articles of the Criminal Code of 1961, but who has not been convicted more than twice of a felony). Provides that "eligible offender" does not include a person who has been convicted of committing or attempting to commit a Class X felony other than under the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or Cannabis Control Act; or a forcible felony, but who has not been convicted more than twice of a felony. Defines "forcible felony". Provides that a certificate of good conduct may be granted to relieve an eligible offender of any employment bar. Provides that the certificate may be limited to one or more enumerated disabilities or bars or may relieve the individual of all disabilities and bars. Provides that a certificate of good conduct does not limit the employer from accessing criminal background information; nor does it hide, alter, or expunge the record. Provides that a certificate of good conduct does not relieve an offender of any employment-related disability imposed by law by reason of his or her conviction of a crime that would prevent his or her employment by the Department of Corrections or the Department of Juvenile Justice. Provides that an employer is not civilly or criminally liable for an act or omission by an employee who has been issued a certificate of relief from disabilities or a certificate of good conduct, except for a willful or wanton act by the employer in hiring the employee who has been issued a certificate of relief from disabilities or a certificate of good conduct. Provides that a certificate of good conduct shall be issued by the Circuit Court in which the conviction was entered (rather than the Prisoner Review Board). Provides that the Court shall, upon notice to a certificate holder, have the power to revoke a certificate of good conduct upon a subsequent conviction. Provides that a circuit court that imposed the sentence may issue a certificate of relief from disabilities to an eligible offender even if the offender had been committed to the Department of Corrections. Repeals provisions that authorize the Prisoner Review Board to issue certificates of relief from disabilities. Effective immediately, except that the amendatory changes to the Unified Code of Corrections take effect January 1, 2010.House Committee Amendment No. 1 Removes provisions providing for a schedule of fees to be paid to the Department of Financial and Professional Regulation by a person applying for the issuance of a non-binding, advisory opinion under the Act. Makes change in provision concerning certificates of relief from disabilities issued by courts.House Floor Amendment No. 2 Provides that "eligible offender" does not include a person who has been convicted of committing or attempting to commit a Class X felony, aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, aggravated domestic battery, or a forcible felony, but who has not been convicted more than twice of a felony. Provides that the standard of proof that the court must use in determining whether the offender may be issued a certificate of good conduct or relief from disabilities is clear and convincing evidence.Governor Amendatory Veto Message In provisions amending the Unified Code of Corrections, recommends: (1) changing the definition of "eligible offender" to provide that the term means a person who has not been convicted more than twice of a felony (instead of providing that the term does not include such a person); (2) providing that a certificate of good conduct does not relieve an offender of any employment-related disability imposed by reason of his or her conviction of a crime that would prevent his or her employment by any other law enforcement agency; (3) providing that after a rehabilitation review has been held "in a manner designated by the chief judge of the judicial circuit in which the conviction was entered", the Circuit Court may issue a certificate of good conduct; and (4) deleting a provision that if the most serious crime of which an individual was convicted is a Class X felony, the minimum period of good conduct shall be 3 years. 2/6/2009SenateFiled with Secretary by Sen. John J. Cullerton 2/6/2009SenateFirst Reading 2/6/2009SenateReferred to Assignments 3/5/2009SenateAssigned to Executive 3/12/2009SenateDo Pass Executive; 012-000-000 3/12/2009SenatePlaced on Calendar Order of 2nd Reading March 17, 2009 3/25/2009SenateChief Sponsor Changed to Sen. Kwame Raoul 3/25/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul 3/25/2009SenateSenate Floor Amendment No. 1 Referred to Assignments 3/30/2009SenateSecond Reading 3/30/2009SenatePlaced on Calendar Order of 3rd Reading March 31, 2009 3/30/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law 3/31/2009SenateSenate Floor Amendment No. 1 Postponed - Criminal Law 4/3/2009SenateRule 2-10 Third Reading Deadline Established As April 30, 2009 5/11/2009SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul 5/11/2009SenateSenate Floor Amendment No. 2 Referred to Assignments 5/12/2009SenateRule 2-10 Committee Deadline Established As May 31, 2009 5/12/2009SenateRule 2-10 Third Reading Deadline Established As May 31, 2009 5/13/2009SenateSenate Floor Amendment No. 2 Assignments Refers to Criminal Law 5/13/2009SenateSenate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 005-000-000 5/15/2009SenateRecalled to Second Reading 5/15/2009SenateSenate Floor Amendment No. 2 Adopted; Raoul 5/15/2009SenatePlaced on Calendar Order of 3rd Reading 5/15/2009SenateThird Reading - Passed; 055-000-000 5/15/2009SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a) 5/15/2009HouseArrived in House 5/15/2009HousePlaced on Calendar Order of First Reading 5/15/2009HouseChief House Sponsor Rep. Barbara Flynn Currie 5/18/2009HouseFirst Reading 5/18/2009HouseReferred to Rules Committee 5/28/2009HouseFinal Action Deadline Extended-9(b) May 31, 2009 5/28/2009HouseAssigned to Judiciary II - Criminal Law Committee 5/28/2009HouseMotion Filed to Suspend Rule 25 Judiciary II - Criminal Law Committee; Rep. Lou Lang 5/28/2009HouseMotion to Suspend Rule 25 - Prevailed 5/28/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee 5/28/2009HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote 5/28/2009HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 007-000-000 5/28/2009HousePlaced on Calendar 2nd Reading - Short Debate 5/28/2009HouseSecond Reading - Short Debate 5/28/2009HouseHeld on Calendar Order of Second Reading - Short Debate 5/30/2009HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Barbara Flynn Currie 5/30/2009HouseHouse Floor Amendment No. 2 Referred to Rules Committee 5/31/2009HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000 5/31/2009HouseHouse Floor Amendment No. 2 Adopted by Voice Vote 5/31/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/31/2009HouseThird Reading - Short Debate - Passed 094-023-000 5/31/2009SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2 5/31/2009SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2009 5/31/2009SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul 5/31/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 5/31/2009SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Kwame Raoul 5/31/2009SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments 5/31/2009SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive 5/31/2009SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive 5/31/2009SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 013-000-000 5/31/2009SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 013-000-000 5/31/2009SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter 6/1/2009SenateHouse Committee Amendment No. 1 Senate Concurs 059-000-000 6/1/2009SenateHouse Floor Amendment No. 2 Senate Concurs 059-000-000 6/1/2009SenatePassed Both Houses 6/30/2009SenateSent to the Governor 8/28/2009SenateGovernor Amendatory Veto 10/14/2009SenatePlaced on Calendar Amendatory Veto October 15, 2009 10/14/2009SenateAmendatory Veto Motion - Motion Filed Accept Amendatory Veto Sen. Kwame Raoul 10/14/2009SenateAmendatory Veto Motion - Motion Referred to Assignments 10/14/2009SenateAmendatory Veto Motion - Motion Referred to Criminal Law 10/14/2009SenateAmendatory Veto Motion - Accept Motion Recommends Do Adopt Criminal Law; 007-000-000 10/15/2009SenateAccept Amendatory Veto - Senate Passed 055-000-000 10/16/2009HouseArrived in House 10/16/2009HousePlaced on Calendar Amendatory Veto October 16, 2009 10/19/2009HouseAmendatory Veto Motion - Motion Filed Accept Amendatory Veto Rep. Barbara Flynn Currie 10/19/2009HouseAmendatory Veto Motion - Motion Referred to Rules Committee 10/27/2009HouseAmendatory Veto Motion - Rules Refers to Judiciary II - Criminal Law Committee 10/28/2009HouseAmendatory Veto Motion - Accept Motion Recommends Be Adopted Judiciary II - Criminal Law Committee; 007-000-000 10/29/2009HouseAdded Alternate Chief Co-Sponsor Rep. Esther Golar 10/29/2009HouseAccept Amendatory Veto - House Passed 089-025-000 10/29/2009SenateBoth Houses Accepted Amendatory Veto 11/16/2009SenateReturned to Governor for Certification 12/23/2009SenateGovernor Certifies Changes 12/23/2009SenateEffective Date December 23, 2009; Generally 12/23/2009SenateEffective Date January 1, 2010; Some Parts 12/23/2009SenatePublic Act . . . . . . . . . 96-0852