Rep. Elgie R. Sims, Jr.

Filed: 3/9/2017





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2    AMENDMENT NO. ______. Amend House Bill 3342 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Sections 2105-130, 2105-131, 2105-135, 2105-205, and
72105-207 as follows:
8    (20 ILCS 2105/2105-130)
9    Sec. 2105-130. Determination of disciplinary sanctions.
10    (a) Following disciplinary proceedings as authorized in
11any licensing Act administered by the Department, upon a
12finding by the Department that a person has committed a
13violation of the licensing Act with regard to licenses,
14certificates, or authorities of persons exercising the
15respective professions, trades, or occupations, the Department
16may revoke, suspend, refuse to renew, place on probationary



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1status, fine, or take any other disciplinary action as
2authorized in the licensing Act with regard to those licenses,
3certificates, or authorities. When making a determination of
4the appropriate disciplinary sanction to be imposed, the
5Department shall consider only evidence contained in the
6record. The Department shall consider any aggravating or
7mitigating factors contained in the record when determining the
8appropriate disciplinary sanction to be imposed.
9    (b) When making a determination of the appropriate
10disciplinary sanction to be imposed on a licensee, the
11Department shall consider, but is not limited to, the following
12aggravating factors contained in the record:
13        (1) the seriousness of the offenses;
14        (2) the presence of multiple offenses;
15        (3) prior disciplinary history, including actions
16    taken by other agencies in this State, by other states or
17    jurisdictions, hospitals, health care facilities,
18    residency programs, employers, or professional liability
19    insurance companies or by any of the armed forces of the
20    United States or any state;
21        (4) the impact of the offenses on any injured party;
22        (5) the vulnerability of any injured party, including,
23    but not limited to, consideration of the injured party's
24    age, disability, or mental illness;
25        (6) the motive for the offenses;
26        (7) the lack of contrition for the offenses;



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1        (8) financial gain as a result of committing the
2    offenses; and
3        (9) the lack of cooperation with the Department or
4    other investigative authorities.
5    (c) When making a determination of the appropriate
6disciplinary sanction to be imposed on a licensee, the
7Department shall consider, but is not limited to, the following
8mitigating factors contained in the record:
9        (1) the lack of prior disciplinary action by the
10    Department or by other agencies in this State, by other
11    states or jurisdictions, hospitals, health care
12    facilities, residency programs, employers, insurance
13    providers, or by any of the armed forces of the United
14    States or any state;
15        (2) contrition for the offenses;
16        (3) cooperation with the Department or other
17    investigative authorities;
18        (4) restitution to injured parties;
19        (5) whether the misconduct was self-reported; and
20        (6) any voluntary remedial actions taken.
21(Source: P.A. 98-1047, eff. 1-1-15.)
22    (20 ILCS 2105/2105-131 new)
23    Sec. 2105-131. Applicants with criminal convictions;
24notice of denial.
25    (a) Except as provided in Section 2105-130 of this Act



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1regarding licensing restrictions based on enumerated offenses
2for health care workers as defined in the Health Care Worker
3Self-Referral Act, the Department, upon a finding that an
4applicant for a license, certificate, or registration was
5previously convicted of a felony or misdemeanor that may be
6grounds for refusing to issue a license or certificate or
7granting registration, shall consider any mitigating factors
8and evidence of rehabilitation contained in the applicant's
9record, including any of the following, in determining whether
10to grant a license, certificate, or registration:
11        (1) the lack of direct relation of the offense for
12    which the applicant was previously convicted to the duties,
13    functions, and responsibilities of the position for which a
14    license in sought;
15        (2) unless otherwise specified, whether 5 years since a
16    felony conviction or 3 years since release from confinement
17    for the conviction, whichever is later, have passed without
18    a subsequent conviction;
19        (3) if the applicant was previously licensed or
20    employed in this State or other states or jurisdictions,
21    the lack of prior misconduct arising from or related to the
22    licensed position or position of employment;
23        (4) the age of the person at the time of the criminal
24    offense;
25        (5) successful completion of sentence and, for
26    applicants serving a term of parole or probation, a



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1    progress report provided by the applicant's probation or
2    parole officer that documents the applicant's compliance
3    with conditions of supervision;
4        (6) evidence of the applicant's present fitness and
5    professional character;
6        (7) evidence of rehabilitation or rehabilitative
7    effort during or after incarceration, or during or after a
8    term of supervision, including, but not limited to, a
9    certificate of good conduct under Section 5-5.5-25 of the
10    Unified Code of Corrections or certificate of relief from
11    disabilities under Section 5-5.5-10 of the Unified Code of
12    Corrections; and
13        (8) any other mitigating factors that contribute to the
14    person's potential and current ability to perform the job
15    duties.
16    (b) It is the affirmative obligation of the Department to
17demonstrate that a prior conviction would impair the ability of
18the applicant to engage in a practice requiring registration,
19licensure, or certification by the Department. If the
20Department refuses to issue a license or certificate or grant
21registration to an applicant, the Department shall notify the
22applicant of the denial in writing with the following included
23in the notice of denial:
24        (1) a statement about the decision to refuse to grant a
25    license, certificate, or registration;
26        (2) a list of the conviction items that formed the sole



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1    or partial basis for the refusal to issue a license,
2    certificate, or registration;
3        (3) a list of the mitigating evidence presented by the
4    applicant;
5        (4) reasons for refusing to issue a license,
6    certificate, or registration specific to the evidence
7    presented in mitigation of conviction items that formed the
8    partial or sole basis for the Department's decision; and
9        (5) a summary of the appeal process or the earliest the
10    applicant may reapply for a license, certificate, or
11    registration, whichever is applicable.
12    (20 ILCS 2105/2105-135)
13    Sec. 2105-135. Qualification for licensure or
14registration; good moral character; applicant conviction
16    (a) The practice of professions licensed or registered by
17the Department is hereby declared to affect the public health,
18safety, and welfare and to be subject to regulation and control
19in the public interest. It is further declared to be a matter
20of public interest and concern that persons who are licensed or
21registered to engage in any of the professions licensed or
22registered by the Department are of good moral character, which
23shall be a continuing requirement of licensure or registration
24so as to merit and receive the confidence and trust of the
25public. Upon a finding by the Department that a person has



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1committed a violation of the disciplinary grounds of any
2licensing Act administered by the Department with regard to
3licenses, certificates, or authorities of persons exercising
4the respective professions, trades, or occupations, the
5Department is authorized to revoke, suspend, refuse to renew,
6place on probationary status, fine, or take any other
7disciplinary action it deems warranted against any licensee or
8registrant whose conduct violates the continuing requirement
9of good moral character.
10    (b) No application for licensure or registration shall be
11denied by reason of a finding of lack of good moral character
12when the finding is based solely upon the fact that the
13applicant has previously been convicted of one or more criminal
14offenses. When reviewing a prior conviction of an initial
15applicant for the purpose of determining good moral character,
16the Department shall consider evidence of rehabilitation and
17mitigating factors in the applicant's record, including those
18set forth in subsection (a) of Section 2105-131 of this Act.
19    (c) The Department shall not require applicants to report
20the following information and shall not consider the following
21criminal history records in connection with an application for
22licensure or registration:
23        (1) juvenile adjudications of delinquent minors as
24    defined in Section 5-105 of the Juvenile Court Act of 1987
25    subject to the restrictions set forth in Section 5-130 of
26    that Act;



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1        (2) law enforcement records, court records, and
2    conviction records of an individual who was 17 years old at
3    the time of the offense and before January 1, 2014, unless
4    the nature of the offense required the individual to be
5    tried as an adult;
6        (3) records of arrest not followed by a conviction
7    unless related to the practice of the profession; however,
8    applicants shall not be asked to report any arrests, and an
9    arrest not followed by a conviction shall not be the basis
10    of a denial and may be used only to assess an applicant's
11    rehabilitation;
12        (4) convictions overturned by a higher court; or
13        (5) convictions or arrests that have been sealed or
14    expunged.
15(Source: P.A. 98-1047, eff. 1-1-15.)
16    (20 ILCS 2105/2105-205)  (was 20 ILCS 2105/60.3)
17    Sec. 2105-205. Publication of disciplinary actions; annual
19    (a) The Department shall publish on its website, at least
20monthly, final disciplinary actions taken by the Department
21against a licensee or applicant pursuant to any licensing Act
22administered by the Department. The specific disciplinary
23action and the name of the applicant or licensee shall be
25    (b) No later than May 1 of each year, the Department must



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1prepare, publicly announce, and publish a report of summary
2statistical information relating to new and renewal license,
3certification, or registration applications during the
4preceding calendar year. Each report shall show at minimum:
5        (1) the number of applicants for each new or renewal
6    license, certificate, or registration administered by the
7    Department in the previous calendar year;
8        (2) the number of applicants for a new or renewal
9    license, certificate, or registration within the previous
10    calendar year who had any criminal conviction;
11        (3) the number of applicants for a new or renewal
12    license, certificate, or registration in the previous
13    calendar year who were granted a license, registration, or
14    certificate;
15        (4) the number of applicants for a new or renewal
16    license, certificate, or registration within the previous
17    calendar year with a criminal conviction who were granted a
18    license, certificate, or registration in the previous
19    calendar year;
20        (5) the number of applicants for a new or renewal
21    license, certificate, or registration in the previous
22    calendar year who were denied a license, registration, or
23    certificate;
24        (6) the number of applicants for new or renewal
25    license, certificate, or registration in the previous
26    calendar year with a criminal conviction who were denied a



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1    license, certificate, or registration in part or in whole
2    because of such conviction;
3        (7) the number of probationary licenses issued without
4    monitoring within the previous calendar year to applicants
5    with a criminal conviction;
6        (8) the number of probationary licenses issued with
7    monitoring within the previous calendar year to applicants
8    with a criminal conviction; and
9        (9) the number of licensees, certificate holders, or
10    permittees who were granted expungement for a record of
11    discipline based on a conviction predating licensure,
12    certification, or registration or a criminal charge,
13    arrest, or conviction that was dismissed, sealed, or
14    expunged or did not arise from the regulated activity, as a
15    share of the total such expungement requests.
16(Source: P.A. 99-227, eff. 8-3-15.)
17    (20 ILCS 2105/2105-207)
18    Sec. 2105-207. Records of Department actions.
19    (a) Any licensee subject to a licensing Act administered by
20the Division of Professional Regulation and who has been
21subject to disciplinary action by the Department may file an
22application with the Department on forms provided by the
23Department, along with the required fee of $200, to have the
24records classified as confidential, not for public release, and
25considered expunged for reporting purposes if:



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1        (1) the application is submitted more than 3 7 years
2    after the disciplinary offense or offenses occurred;
3        (2) the licensee has had no incidents of discipline
4    under the licensing Act since the disciplinary offense or
5    offenses identified in the application occurred;
6        (3) the Department has no pending investigations
7    against the licensee; and
8        (4) the licensee is not currently in a disciplinary
9    status.
10    (b) An application to make disciplinary records
11confidential shall only be considered by the Department for an
12offense or action relating to:
13        (1) failure to pay taxes or student loans;
14        (2) continuing education;
15        (3) failure to renew a license on time;
16        (4) failure to obtain or renew a certificate of
17    registration or ancillary license;
18        (5) advertising; or
19        (5.1) discipline based on criminal charges or
20    convictions:
21            (A) that did not arise from the licensed activity
22        and was unrelated to the licensed activity; or
23            (B) that were dismissed or for which the records
24        have been sealed or expunged;
25        (5.2) a probationary license issued to new applicants
26    on the sole or partial basis of prior convictions; or



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1        (6) any grounds for discipline removed from the
2    licensing Act.
3    (c) An application shall be submitted to and considered by
4the Director of the Division of Professional Regulation upon
5submission of an application and the required non-refundable
6fee. The Department may establish additional requirements by
7rule. The Department is not required to report the removal of
8any disciplinary record to any national database. Nothing in
9this Section shall prohibit the Department from using a
10previous discipline for any regulatory purpose or from
11releasing records of a previous discipline upon request from
12law enforcement, or other governmental body as permitted by
13law. Classification of records as confidential shall result in
14removal of records of discipline from records kept pursuant to
15Sections 2105-200 and 2105-205 of this Act.
16(Source: P.A. 98-816, eff. 8-1-14.)
17    Section 10. The Criminal Identification Act is amended by
18changing Sections 12 and 13 as follows:
19    20 ILCS 2630/12)
20    Sec. 12. Entry of order; effect of expungement or sealing
22    (a) Except with respect to law enforcement agencies, the
23Department of Corrections, State's Attorneys, or other
24prosecutors, and as provided in Section 13 of this Act, an



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1expunged or sealed record may not be considered by any private
2or public entity in employment matters, certification,
3licensing, revocation of certification or licensure, or
4registration. Applications for employment must contain
5specific language which states that the applicant is not
6obligated to disclose sealed or expunged records of conviction
7or arrest. The entity authorized to grant a license,
8certification, or registration shall include, in an
9application for certification, registration, or licensure,
10specific language stating that the applicant is not obligated
11to disclose sealed or expunged records of a conviction or
12arrest; however, if the inclusion of that language in an
13application for certification, registration, or licensure is
14not practical, the entity shall publish on its website
15instructions specifying that applicants are not obligated to
16disclose sealed or expunged records of a conviction or arrest.
17Employers and entities authorized to grant a professional
18license, certification, or registration may not ask if an
19applicant has had records expunged or sealed.
20    (b) A person whose records have been sealed or expunged is
21not entitled to remission of any fines, costs, or other money
22paid as a consequence of the sealing or expungement. This
23amendatory Act of the 93rd General Assembly does not affect the
24right of the victim of a crime to prosecute or defend a civil
25action for damages. Persons engaged in civil litigation
26involving criminal records that have been sealed may petition



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1the court to open the records for the limited purpose of using
2them in the course of litigation.
3(Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)
4    (20 ILCS 2630/13)
5    Sec. 13. Retention and release of sealed records.
6    (a) The Department of State Police shall retain records
7sealed under subsection (c) or (e-5) of Section 5.2 or
8impounded under subparagraph (B) or (B-5) of paragraph (9) of
9subsection (d) of Section 5.2 and shall release them only as
10authorized by this Act. Felony records sealed under subsection
11(c) or (e-5) of Section 5.2 or impounded under subparagraph (B)
12or (B-5) of paragraph (9) of subsection (d) of Section 5.2
13shall be used and disseminated by the Department only as
14otherwise specifically required or authorized by a federal or
15State law, rule, or regulation that requires inquiry into and
16release of criminal records, including, but not limited to,
17subsection (A) of Section 3 of this Act, except those records
18shall not be used or disseminated in connection with an
19application for a professional or business license,
20registration, or certification not involving a licensed health
21care worker as defined in the Health Care Worker Self-Referral
22Act. However, all requests for records that have been expunged,
23sealed, and impounded and the use of those records are subject
24to the provisions of Section 2-103 of the Illinois Human Rights
25Act. Upon conviction for any offense, the Department of



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1Corrections shall have access to all sealed records of the
2Department pertaining to that individual.
3    (b) Notwithstanding the foregoing, all sealed or impounded
4records are subject to inspection and use by the court and
5inspection and use by law enforcement agencies and State's
6Attorneys or other prosecutors in carrying out the duties of
7their offices.
8    (c) The sealed or impounded records maintained under
9subsection (a) are exempt from disclosure under the Freedom of
10Information Act.
11    (d) The Department of State Police shall commence the
12sealing of records of felony arrests and felony convictions
13pursuant to the provisions of subsection (c) of Section 5.2 of
14this Act no later than one year from the date that funds have
15been made available for purposes of establishing the
16technologies necessary to implement the changes made by this
17amendatory Act of the 93rd General Assembly.
18(Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13;
1998-399, eff. 8-16-13; 98-463, eff. 8-16-13.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".