Full Text of HB3342 100th General Assembly
HB3342eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Professional Regulation Law of | 5 | | the
Civil Administrative Code of Illinois is amended by | 6 | | changing Sections 2105-130, 2105-135, 2105-205, and 2105-207 | 7 | | and by adding Section 2105-131 as follows: | 8 | | (20 ILCS 2105/2105-130) | 9 | | Sec. 2105-130. Determination of disciplinary sanctions. | 10 | | (a) Following disciplinary proceedings as authorized in | 11 | | any licensing Act administered by the Department, upon a | 12 | | finding by the Department that a person has committed a | 13 | | violation of the licensing Act with regard to licenses, | 14 | | certificates, or authorities of persons exercising the | 15 | | respective professions, trades, or occupations, the Department | 16 | | may revoke, suspend, refuse to renew, place on probationary | 17 | | status, fine, or take any other disciplinary action as | 18 | | authorized in the licensing Act with regard to those licenses, | 19 | | certificates, or authorities. When making a determination of | 20 | | the appropriate disciplinary sanction to be imposed, the | 21 | | Department shall consider only evidence contained in the | 22 | | record. The Department shall consider any aggravating or | 23 | | mitigating factors contained in the record when determining the |
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| 1 | | appropriate disciplinary sanction to be imposed. | 2 | | (b) When making a determination of the appropriate | 3 | | disciplinary sanction to be imposed on a licensee , the | 4 | | Department shall consider, but is not limited to, the following | 5 | | aggravating factors contained in the record: | 6 | | (1) the seriousness of the offenses; | 7 | | (2) the presence of multiple offenses; | 8 | | (3) prior disciplinary history, including actions | 9 | | taken by other agencies in this State, by other states or | 10 | | jurisdictions, hospitals, health care facilities, | 11 | | residency programs, employers, or professional liability | 12 | | insurance companies or by any of the armed forces of the | 13 | | United States or any state; | 14 | | (4) the impact of the offenses on any injured party; | 15 | | (5) the vulnerability of any injured party, including, | 16 | | but not limited to, consideration of the injured party's | 17 | | age, disability, or mental illness; | 18 | | (6) the motive for the offenses; | 19 | | (7) the lack of contrition for the offenses; | 20 | | (8) financial gain as a result of committing the | 21 | | offenses; and | 22 | | (9) the lack of cooperation with the Department or | 23 | | other investigative authorities. | 24 | | (c) When making a determination of the appropriate | 25 | | disciplinary sanction to be imposed on a licensee , the | 26 | | Department shall consider, but is not limited to, the following |
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| 1 | | mitigating factors contained in the record: | 2 | | (1) the lack of prior disciplinary action by the | 3 | | Department or by other agencies in this State, by other | 4 | | states or jurisdictions, hospitals, health care | 5 | | facilities, residency programs, employers, insurance | 6 | | providers, or by any of the armed forces of the United | 7 | | States or any state; | 8 | | (2) contrition for the offenses; | 9 | | (3) cooperation with the Department or other | 10 | | investigative authorities; | 11 | | (4) restitution to injured parties; | 12 | | (5) whether the misconduct was self-reported; and | 13 | | (6) any voluntary remedial actions taken.
| 14 | | (Source: P.A. 98-1047, eff. 1-1-15 .) | 15 | | (20 ILCS 2105/2105-131 new) | 16 | | Sec. 2105-131. Applicants with criminal convictions; | 17 | | notice of denial. | 18 | | (a) Except as provided in Section 2105-165 of this Act | 19 | | regarding licensing restrictions based on enumerated offenses | 20 | | for health care workers as defined in the Health Care Worker | 21 | | Self-Referral Act and except as provided in any licensing Act | 22 | | administered by the Department in which convictions of certain | 23 | | enumerated offenses are a bar to licensure, the Department, | 24 | | upon a finding that an applicant for a license, certificate, or | 25 | | registration was previously convicted of a felony or |
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| 1 | | misdemeanor that may be grounds for refusing to issue a license | 2 | | or certificate or granting registration, shall consider any | 3 | | mitigating factors and evidence of rehabilitation contained in | 4 | | the applicant's record, including any of the following, to | 5 | | determine whether a prior conviction will impair the ability of | 6 | | the applicant to engage in the practice for which a license, | 7 | | certificate, or registration is sought: | 8 | | (1) the lack of direct relation of the offense for | 9 | | which the applicant was previously convicted to the duties, | 10 | | functions, and responsibilities of the position for which a | 11 | | license is sought; | 12 | | (2) unless otherwise specified, whether 5 years since a | 13 | | felony conviction or 3 years since release from confinement | 14 | | for the conviction, whichever is later, have passed without | 15 | | a subsequent conviction; | 16 | | (3) if the applicant was previously licensed or | 17 | | employed in this State or other states or jurisdictions, | 18 | | the lack of prior misconduct arising from or related to the | 19 | | licensed position or position of employment; | 20 | | (4) the age of the person at the time of the criminal | 21 | | offense; | 22 | | (5) successful completion of sentence and, for | 23 | | applicants serving a term of parole or probation, a | 24 | | progress report provided by the applicant's probation or | 25 | | parole officer that documents the applicant's compliance | 26 | | with conditions of supervision; |
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| 1 | | (6) evidence of the applicant's present fitness and | 2 | | professional character; | 3 | | (7) evidence of rehabilitation or rehabilitative | 4 | | effort during or after incarceration, or during or after a | 5 | | term of supervision, including, but not limited to, a | 6 | | certificate of good conduct under Section 5-5.5-25 of the | 7 | | Unified Code of Corrections or certificate of relief from | 8 | | disabilities under Section 5-5.5-10 of the Unified Code of | 9 | | Corrections; and | 10 | | (8) any other mitigating factors that contribute to the | 11 | | person's potential and current ability to perform the job | 12 | | duties. | 13 | | (b) If the Department refuses to issue a license or | 14 | | certificate or grant registration to an applicant based upon a | 15 | | conviction or convictions, in whole or in part, the Department | 16 | | shall notify the applicant of the denial in writing with the | 17 | | following included in the notice of denial: | 18 | | (1) a statement about the decision to refuse to grant a | 19 | | license, certificate, or registration; | 20 | | (2) a list of convictions that the Department | 21 | | determined will impair the applicant's ability to engage in | 22 | | the position for which a license, registration, or | 23 | | certificate is sought; | 24 | | (3) a list of convictions that formed the sole or | 25 | | partial basis for the refusal to issue a license or | 26 | | certificate or grant registration; and |
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| 1 | | (4) a summary of the appeal process or the earliest the | 2 | | applicant may reapply for a license, certificate, or | 3 | | registration, whichever is applicable. | 4 | | (20 ILCS 2105/2105-135) | 5 | | Sec. 2105-135. Qualification for licensure or | 6 | | registration; good moral character ; applicant conviction | 7 | | records . | 8 | | (a) The practice of professions licensed or registered by | 9 | | the Department is hereby declared to affect the public health, | 10 | | safety, and welfare and to be subject to regulation and control | 11 | | in the public interest. It is further declared to be a matter | 12 | | of public interest and concern that persons who are licensed or | 13 | | registered to engage in any of the professions licensed or | 14 | | registered by the Department are of good moral character, which | 15 | | shall be a continuing requirement of licensure or registration | 16 | | so as to merit and receive the confidence and trust of the | 17 | | public. Upon a finding by the Department that a person has | 18 | | committed a violation of the disciplinary grounds of any | 19 | | licensing Act administered by the Department with regard to | 20 | | licenses, certificates, or authorities of persons exercising | 21 | | the respective professions, trades, or occupations, the | 22 | | Department is authorized to revoke, suspend, refuse to renew, | 23 | | place on probationary status, fine, or take any other | 24 | | disciplinary action it deems warranted against any licensee or | 25 | | registrant whose conduct violates the continuing requirement |
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| 1 | | of good moral character. | 2 | | (b) No application for licensure or registration shall be | 3 | | denied by reason of a finding of lack of good moral character | 4 | | when the finding is based solely upon the fact that the | 5 | | applicant has previously been convicted of one or more criminal | 6 | | offenses. When reviewing a prior conviction of an initial | 7 | | applicant for the purpose of determining good moral character, | 8 | | the Department shall consider evidence of rehabilitation and | 9 | | mitigating factors in the applicant's record, including those | 10 | | set forth in subsection (a) of Section 2105-131 of this Act. | 11 | | (c) The Department shall not require applicants to report | 12 | | the following information and shall not consider the following | 13 | | criminal history records in connection with an application for | 14 | | licensure or registration:
| 15 | | (1) juvenile adjudications of delinquent minors as | 16 | | defined in Section 5-105 of the Juvenile Court Act of 1987 | 17 | | subject to the restrictions set forth in Section 5-130 of | 18 | | that Act; | 19 | | (2) law enforcement records, court records, and | 20 | | conviction records of an individual who was 17 years old at | 21 | | the time of the offense and before January 1, 2014, unless | 22 | | the nature of the offense required the individual to be | 23 | | tried as an adult; | 24 | | (3) records of arrest not followed by a charge or | 25 | | conviction; | 26 | | (4) records of arrest where the charges were dismissed |
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| 1 | | unless related to the practice of the profession; however, | 2 | | applicants shall not be asked to report any arrests, and an | 3 | | arrest not followed by a conviction shall not be the basis | 4 | | of a denial and may be used only to assess an applicant's | 5 | | rehabilitation; | 6 | | (5) convictions overturned by a higher court; or | 7 | | (6) convictions or arrests that have been sealed or | 8 | | expunged. | 9 | | (Source: P.A. 98-1047, eff. 1-1-15 .)
| 10 | | (20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
| 11 | | Sec. 2105-205. Publication of disciplinary actions ; annual | 12 | | report . | 13 | | (a) The
Department shall publish on its website, at least | 14 | | monthly, final disciplinary actions taken by
the Department | 15 | | against a licensee or applicant pursuant to any licensing Act | 16 | | administered by the Department. The specific disciplinary | 17 | | action and the name of the applicant or
licensee shall be | 18 | | listed.
| 19 | | (b) No later than May 1 of each year, the Department must | 20 | | prepare, publicly announce, and publish a report of summary | 21 | | statistical information relating to new license, | 22 | | certification, or registration applications during the | 23 | | preceding calendar year. Each report shall show at minimum: | 24 | | (1) the number of applicants for each new license, | 25 | | certificate, or registration administered by the |
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| 1 | | Department in the previous calendar year; | 2 | | (2) the number of applicants for a new license, | 3 | | certificate, or registration within the previous calendar | 4 | | year who had any criminal conviction; | 5 | | (3) the number of applicants for a new license, | 6 | | certificate, or registration in the previous calendar year | 7 | | who were granted a license, registration, or certificate; | 8 | | (4) the number of applicants for a new license, | 9 | | certificate, or registration within the previous calendar | 10 | | year with a criminal conviction who were granted a license, | 11 | | certificate, or registration in the previous calendar | 12 | | year; | 13 | | (5) the number of applicants for a new license, | 14 | | certificate, or registration in the previous calendar year | 15 | | who were denied a license, registration, or certificate; | 16 | | (6) the number of applicants for new license, | 17 | | certificate, or registration in the previous calendar year | 18 | | with a criminal conviction who were denied a license, | 19 | | certificate, or registration in part or in whole because of | 20 | | such conviction; | 21 | | (7) the number of licenses issued on probation within | 22 | | the previous calendar year to applicants with a criminal | 23 | | conviction; and | 24 | | (8) the number of licensees or certificate holders who | 25 | | were granted expungement for a record of discipline based | 26 | | on a conviction predating licensure, certification, or |
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| 1 | | registration or a criminal charge, arrest, or conviction | 2 | | that was dismissed, sealed, or expunged or did not arise | 3 | | from the regulated activity, as a share of the total such | 4 | | expungement requests. | 5 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 6 | | (20 ILCS 2105/2105-207) | 7 | | Sec. 2105-207. Records of Department actions. | 8 | | (a) Any licensee subject to a licensing Act administered by | 9 | | the Division of Professional Regulation and who has been | 10 | | subject to disciplinary action by the Department may file an | 11 | | application with the Department on forms provided by the | 12 | | Department, along with the required fee of $175 $200 , to have | 13 | | the records classified as confidential, not for public release , | 14 | | and considered expunged for reporting purposes if: | 15 | | (1) the application is submitted more than 3 7 years | 16 | | after the disciplinary offense or offenses occurred or | 17 | | after restoration of the license, whichever is later ; | 18 | | (2) the licensee has had no incidents of discipline | 19 | | under the licensing Act since the disciplinary offense or | 20 | | offenses identified in the application occurred; | 21 | | (3) the Department has no pending investigations | 22 | | against the licensee; and | 23 | | (4) the licensee is not currently in a disciplinary | 24 | | status. | 25 | | (b) An application to make disciplinary records |
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| 1 | | confidential shall only be considered by the Department for an | 2 | | offense or action relating to: | 3 | | (1) failure to pay taxes or student loans; | 4 | | (2) continuing education; | 5 | | (3) failure to renew a license on time; | 6 | | (4) failure to obtain or renew a certificate of | 7 | | registration or ancillary license; | 8 | | (5) advertising; or | 9 | | (5.1) discipline based on criminal charges or | 10 | | convictions: | 11 | | (A) that did not arise from the licensed activity | 12 | | and was unrelated to the licensed activity; or | 13 | | (B) that were dismissed or for which records have | 14 | | been sealed or expunged. | 15 | | (5.2) past probationary status of a license issued to | 16 | | new applicants on the sole or partial basis of prior | 17 | | convictions; or | 18 | | (6) any grounds for discipline removed from the | 19 | | licensing Act. | 20 | | (c) An application shall be submitted to and considered by | 21 | | the Director of the Division of Professional Regulation upon | 22 | | submission of an application and the required non-refundable | 23 | | fee. The Department may establish additional requirements by | 24 | | rule. The Department is not required to report the removal of | 25 | | any disciplinary record to any national database. Nothing in | 26 | | this Section shall prohibit the Department from using a |
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| 1 | | previous discipline for any regulatory purpose or from | 2 | | releasing records of a previous discipline upon request from | 3 | | law enforcement, or other governmental body as permitted by | 4 | | law. Classification of records as confidential shall result in | 5 | | removal of records of discipline from records kept pursuant to | 6 | | Sections 2105-200 and 2105-205 of this Act.
| 7 | | (Source: P.A. 98-816, eff. 8-1-14.) | 8 | | Section 10. The Criminal Identification Act is amended by | 9 | | changing Section 12 as follows:
| 10 | | 20 ILCS 2630/12)
| 11 | | Sec. 12. Entry of order; effect of expungement or sealing | 12 | | records.
| 13 | | (a) Except with respect to law enforcement agencies, the | 14 | | Department of
Corrections, State's Attorneys, or other | 15 | | prosecutors, and as provided in Section 13 of this Act, an | 16 | | expunged or sealed
record may not be considered by any private | 17 | | or
public entity in employment matters, certification, | 18 | | licensing, revocation
of certification or licensure, or | 19 | | registration. Applications for
employment must contain | 20 | | specific language which states that the
applicant is not | 21 | | obligated to disclose sealed or expunged records of
conviction | 22 | | or arrest. The entity authorized to grant a license, | 23 | | certification, or registration shall include, in an | 24 | | application for licensure, certification, or registration, |
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| 1 | | specific language stating that the applicant is not obligated | 2 | | to disclose sealed or expunged records of a conviction or | 3 | | arrest; however, if the inclusion of that language in an | 4 | | application for licensure, certification, or registration is | 5 | | not practical, the entity shall publish on its website | 6 | | instructions specifying that applicants are not obligated to | 7 | | disclose sealed or expunged records of a conviction or arrest. | 8 | | Employers may not ask if an applicant has had
records expunged | 9 | | or sealed.
| 10 | | (b) A person whose records have been sealed or expunged is | 11 | | not entitled to
remission of any fines, costs, or other money | 12 | | paid as a consequence of
the sealing or expungement. This | 13 | | amendatory Act of the 93rd General
Assembly does not affect the | 14 | | right of the victim of a crime to prosecute
or defend a civil | 15 | | action for damages. Persons engaged in civil litigation
| 16 | | involving criminal records that have been sealed may
petition | 17 | | the court to open the records for the limited purpose of using
| 18 | | them in the course of litigation.
| 19 | | (Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05 .)
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