Bill Amendment: IL HB0014 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LICENSURE-CRIMINAL CONVICTION

Status: 2021-07-23 - Public Act . . . . . . . . . 102-0105 [HB0014 Detail]

Download: Illinois-2021-HB0014-House_Amendment_001.html

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Rep. Curtis J. Tarver, II

Filed: 3/18/2021

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AMENDMENT TO HOUSE BILL 14
AMENDMENT NO. ______. Amend House Bill 14 by replacing
everything after the enacting clause with the following:
"Section 5. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Sections 2105-131 and 2105-205 as follows:
(20 ILCS 2105/2105-131)
Sec. 2105-131. Applicants with criminal convictions;
notice of denial.
(a) For the purposes of this Section, "mitigating factors"
means any information, evidence, conduct, or circumstances
before, during, or after the offense or offenses reviewed by
the Department that may reflect on an applicant's request for
licensure, registration, or certification through the
Department, such as 3 years having passed since release from
confinement. Mitigating factors are not a bar to licensure,

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instead they provide guidance for the Department when
considering licensure, registration, or certification for an
applicant with criminal history.
Except as provided in Section 2105-165 of this Act
regarding licensing restrictions based on enumerated offenses
for health care workers as defined in the Health Care Worker
Self-Referral Act and except as provided in any licensing Act
administered by the Department in which convictions of certain
enumerated offenses are a bar to licensure, the Department,
upon a finding that an applicant for a license, certificate,
or registration was previously convicted of a felony or
misdemeanor that may be grounds for refusing to issue a
license or certificate or to grant a registration, shall
consider any mitigating factors and evidence of rehabilitation
contained in the applicant's record, including the
circumstances surrounding the offense or offenses and any of
the following, to determine whether a prior conviction will
impair the ability of the applicant to engage in the practice
for which a license, certificate, or registration is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the
duties, functions, and responsibilities of the position
for which a license is sought;
(2) any mitigating factors from the point of arrest or
indictment when determined to be appropriate, unless
otherwise specified and including, but not limited to,

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whether 5 years since a felony conviction or 3 years since
release from confinement for the conviction, whichever is
later, have passed without a subsequent conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
the lack of prior misconduct arising from or related to
the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(4.5) if, due to the applicant's criminal conviction
history, the applicant would be explicitly prohibited by
federal rules or regulations from working in the position
for which a license is sought;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of

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Corrections; and
(8) any other mitigating factors that contribute to
the person's potential and current ability to perform the
job duties.
(b) If the Department refuses to issue a license or
certificate or grant registration to an applicant based upon a
conviction or convictions, in whole or in part, the Department
shall notify the applicant of the denial in writing with the
following included in the notice of denial:
(1) a statement about the decision to refuse to grant
a license, certificate, or registration, including an
explanation of how the conviction directly relates to and
would prevent the person from effectively engaging in the
position for which a license, registration, or certificate
is sought;
(2) a list of convictions that the Department
determined will impair the applicant's ability to engage
in the position for which a license, registration, or
certificate is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license or
certificate or grant registration; and
(4) a summary of the appeal process or the earliest
the applicant may reapply for a license, certificate, or
registration, whichever is applicable.
(c) The Department shall post on its website a list of all

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State licensing restrictions that would prohibit an applicant
from working in a position for which a license is sought.
(Source: P.A. 100-286, eff. 1-1-18; 101-388, eff. 1-1-20.)
(20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
Sec. 2105-205. Publication of disciplinary actions; annual
report.
(a) The Department shall publish on its website, at least
monthly, final disciplinary actions taken by the Department
against a licensee or applicant pursuant to any licensing Act
administered by the Department. The specific disciplinary
action and the name of the applicant or licensee shall be
listed.
(b) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new license,
certification, or registration applications during the
preceding calendar year. Each report shall show at minimum:
(1) the number of applicants for each new license,
certificate, or registration administered by the
Department in the previous calendar year;
(2) the number of applicants for a new license,
certificate, or registration within the previous calendar
year who had any criminal conviction;
(3) the number of applicants for a new license,
certificate, or registration in the previous calendar year

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who were granted a license, registration, or certificate;
(4) the number of applicants for a new license,
certificate, or registration within the previous calendar
year with a criminal conviction who were granted a
license, certificate, or registration in the previous
calendar year;
(5) the number of applicants for a new license,
certificate, or registration in the previous calendar year
who were denied a license, registration, or certificate;
(6) the number of applicants for new license,
certificate, or registration in the previous calendar year
with a criminal conviction who were denied a license,
certificate, or registration in part or in whole because
of such conviction, including the types of criminal
convictions;
(7) the number of licenses issued on probation within
the previous calendar year to applicants with a criminal
conviction; and
(8) the number of licensees or certificate holders who
were granted expungement for a record of discipline based
on a conviction predating licensure, certification, or
registration or a criminal charge, arrest, or conviction
that was dismissed, sealed, or expunged or did not arise
from the regulated activity, as a share of the total such
expungement requests.
(Source: P.A. 99-227, eff. 8-3-15; 100-286, eff. 1-1-18.)".