HB3475 EngrossedLRB099 10157 RLC 30380 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 5-5.5-5 and 5-5.5-30 as follows:
6    (730 ILCS 5/5-5.5-5)
7    Sec. 5-5.5-5. Definitions and rules of construction. In
8this Article:
9    "Eligible offender" means a person who has been convicted
10of a crime in this State or of an offense in any other
11jurisdiction that does not include any offense or attempted
12offense that would subject a person to registration under the
13Sex Offender Registration Act, the Arsonist Registration Act,
14or the Murderer and Violent Offender Against Youth Registration
15Act. "Eligible offender" does not include a person who has been
16convicted of arson, aggravated arson, kidnapping, aggravated
17kidnaping, committing or attempting to commit a Class X felony,
18aggravated driving under the influence of alcohol, other drug
19or drugs, or intoxicating compound or compounds, or any
20combination thereof, or aggravated domestic battery, or a
21forcible felony.
22    "Forcible felony" means first degree murder, second degree
23murder, aggravated arson, arson, aggravated kidnapping,



HB3475 Engrossed- 2 -LRB099 10157 RLC 30380 b

1kidnapping, aggravated battery that resulted in great bodily
2harm or permanent disability, and any other felony which
3involved the use of physical force or violence against any
4individual that resulted in great bodily harm or permanent
6(Source: P.A. 96-852, eff. 1-1-10; 97-154, eff. 1-1-12;
797-1113, eff. 1-1-13.)
8    (730 ILCS 5/5-5.5-30)
9    Sec. 5-5.5-30. Issuance of certificate of good conduct.
10    (a) After a rehabilitation review has been held, in a
11manner designated by the chief judge of the judicial circuit in
12which the conviction was entered, the Circuit Court of that
13judicial circuit shall have the power to issue a certificate of
14good conduct to any eligible offender previously convicted of a
15crime in this State, and shall make a specific finding of
16rehabilitation with the force and effect of a final judgment on
17the merits, when the Court is satisfied that:
18        (1) the applicant has conducted himself or herself in a
19    manner warranting the issuance for a minimum period in
20    accordance with the provisions of subsection (c) of this
21    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.



HB3475 Engrossed- 3 -LRB099 10157 RLC 30380 b

1    (b) The Circuit Court shall have the power to issue a
2certificate of good conduct to any person previously convicted
3of a crime in any other jurisdiction, when the Court is
4satisfied that:
5        (1) the applicant has demonstrated that there exist
6    specific facts and circumstances and specific sections of
7    Illinois State law that have an adverse impact on the
8    applicant and warrant the application for relief to be made
9    in Illinois; and
10        (2) the provisions of paragraphs (1), (2), and (3) of
11    subsection (a) of this Section have been met.
12    (c) The minimum period of good conduct by the individual
13referred to in paragraph (1) of subsection (a) of this Section,
14shall be as follows: if the most serious crime of which the
15individual was convicted is a misdemeanor, the minimum period
16of good conduct shall be one year; if the most serious crime of
17which the individual was convicted is a Class 1, 2, 3, or 4
18felony, the minimum period of good conduct shall be 2 years.
19Criminal acts committed outside the State shall be classified
20as acts committed within the State based on the maximum
21sentence that could have been imposed based upon the conviction
22under the laws of the foreign jurisdiction. The minimum period
23of good conduct by the individual shall be measured either from
24the date of the payment of any fine imposed upon him or her, or
25from the date of his or her release from custody by parole,
26mandatory supervised release or commutation or termination of



HB3475 Engrossed- 4 -LRB099 10157 RLC 30380 b

1his or her sentence. The Circuit Court shall have power and it
2shall be its duty to investigate all persons when the
3application is made and to grant or deny the same within a
4reasonable time after the making of the application.
5    (d) If the Circuit Court has issued a certificate of good
6conduct, the Court may at any time issue a new certificate
7enlarging the relief previously granted.
8    (e) Any certificate of good conduct issued by the Court to
9an individual who at the time of the issuance of the
10certificate is under the conditions of parole or mandatory
11supervised release imposed by the Prisoner Review Board shall
12be deemed to be a temporary certificate until the time as the
13individual is discharged from the terms of parole or mandatory
14supervised release, and, while temporary, the certificate may
15be revoked by the Court for violation of the conditions of
16parole or mandatory supervised release. Revocation shall be
17upon notice to the parolee or releasee, who shall be accorded
18an opportunity to explain the violation prior to a decision on
19the revocation. If the certificate is not so revoked, it shall
20become a permanent certificate upon expiration or termination
21of the offender's parole or mandatory supervised release term.
22    (f) The Court shall, upon notice to a certificate holder,
23have the power to revoke a certificate of good conduct upon a
24subsequent conviction.
25(Source: P.A. 96-852, eff. 1-1-10; 97-1113, eff. 1-1-13.)