Rep. Elgie R. Sims, Jr.
Filed: 3/9/2017
 
 


 




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1
AMENDMENT TO HOUSE BILL 3342




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 
15records.  
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 
18report. 
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 
24listed.

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 
21records. 

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.".