Rep. Elgie R. Sims, Jr.
Filed: 3/15/2017
 
 


 




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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, 2105-135, 2105-205, and 2105-207 
7and 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 
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 2105-165 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 and except as provided in any licensing Act 
4administered by the Department in which convictions of certain 
5enumerated offenses are a bar to licensure, the Department, 
6upon a finding that an applicant for a license, certificate, or 
7registration was previously convicted of a felony or 
8misdemeanor that may be grounds for refusing to issue a license 
9or certificate or granting registration, shall consider any 
10mitigating factors and evidence of rehabilitation contained in 
11the applicant's record, including any of the following, to 
12determine whether a prior conviction will impair the ability of 
13the applicant to engage in the practice for which a license, 
14certificate, or registration is sought:
15  (1) the lack of direct relation of the offense for 
16 which the applicant was previously convicted to the duties, 
17 functions, and responsibilities of the position for which a 
18 license is sought;
19  (2) unless otherwise specified, whether 5 years since a 
20 felony conviction or 3 years since release from confinement 
21 for the conviction, whichever is later, have passed without 
22 a subsequent conviction;
23  (3) if the applicant was previously licensed or 
24 employed in this State or other states or jurisdictions, 
25 the lack of prior misconduct arising from or related to the 
26 licensed position or position of employment;
 
 
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1  (4) the age of the person at the time of the criminal 
2 offense;
3  (5) successful completion of sentence and, for 
4 applicants serving a term of parole or probation, a 
5 progress report provided by the applicant's probation or 
6 parole officer that documents the applicant's compliance 
7 with conditions of supervision;
8  (6) evidence of the applicant's present fitness and 
9 professional character;
10  (7) evidence of rehabilitation or rehabilitative 
11 effort during or after incarceration, or during or after a 
12 term of supervision, including, but not limited to, a 
13 certificate of good conduct under Section 5-5.5-25 of the 
14 Unified Code of Corrections or certificate of relief from 
15 disabilities under Section 5-5.5-10 of the Unified Code of 
16 Corrections; and
17  (8) any other mitigating factors that contribute to the 
18 person's potential and current ability to perform the job 
19 duties.
20 (b) If the Department refuses to issue a license or 
21certificate or grant registration to an applicant based upon a 
22conviction or convictions, in whole or in part, the Department 
23shall notify the applicant of the denial in writing with the 
24following included in the notice of denial:
25  (1) a statement about the decision to refuse to grant a 
26 license, certificate, or registration;
 
 
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1  (2) a list of convictions that the Department 
2 determined will impair the applicant's ability to engage in 
3 the position for which a license, registration, or 
4 certificate is sought;
5  (3) a list of convictions that formed the sole or 
6 partial basis for the refusal to issue a license or 
7 certificate or grant registration; and
8  (4) a summary of the appeal process or the earliest the 
9 applicant may reapply for a license, certificate, or 
10 registration, whichever is applicable. 

11 (20 ILCS 2105/2105-135)
12 Sec. 2105-135. Qualification for licensure or 
13registration; good moral character; applicant conviction 
14records.  
15 (a) The practice of professions licensed or registered by 
16the Department is hereby declared to affect the public health, 
17safety, and welfare and to be subject to regulation and control 
18in the public interest. It is further declared to be a matter 
19of public interest and concern that persons who are licensed or 
20registered to engage in any of the professions licensed or 
21registered by the Department are of good moral character, which 
22shall be a continuing requirement of licensure or registration 
23so as to merit and receive the confidence and trust of the 
24public. Upon a finding by the Department that a person has 
25committed a violation of the disciplinary grounds of any 
 
 
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1licensing Act administered by the Department with regard to 
2licenses, certificates, or authorities of persons exercising 
3the respective professions, trades, or occupations, the 
4Department is authorized to revoke, suspend, refuse to renew, 
5place on probationary status, fine, or take any other 
6disciplinary action it deems warranted against any licensee or 
7registrant whose conduct violates the continuing requirement 
8of good moral character. 
9 (b) No application for licensure or registration shall be 
10denied by reason of a finding of lack of good moral character 
11when the finding is based solely upon the fact that the 
12applicant has previously been convicted of one or more criminal 
13offenses. When reviewing a prior conviction of an initial 
14applicant for the purpose of determining good moral character, 
15the Department shall consider evidence of rehabilitation and 
16mitigating factors in the applicant's record, including those 
17set forth in subsection (a) of Section 2105-131 of this Act.
18 (c) The Department shall not require applicants to report 
19the following information and shall not consider the following 
20criminal history records in connection with an application for 
21licensure or registration: 

22  (1) juvenile adjudications of delinquent minors as 
23 defined in Section 5-105 of the Juvenile Court Act of 1987 
24 subject to the restrictions set forth in Section 5-130 of 
25 that Act;
26  (2) law enforcement records, court records, and 
 
 
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1 conviction records of an individual who was 17 years old at 
2 the time of the offense and before January 1, 2014, unless 
3 the nature of the offense required the individual to be 
4 tried as an adult;
5  (3) records of arrest not followed by a charge or 
6 conviction;
7  (4) records of arrest where the charges were dismissed 
8 unless related to the practice of the profession; however, 
9 applicants shall not be asked to report any arrests, and an 
10 arrest not followed by a conviction shall not be the basis 
11 of a denial and may be used only to assess an applicant's 
12 rehabilitation; 
13  (5) convictions overturned by a higher court; or
14  (6) convictions or arrests that have been sealed or 
15 expunged. 
16(Source: P.A. 98-1047, eff. 1-1-15.)




17 (20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)



18 Sec. 2105-205. Publication of disciplinary actions; annual 
19report. 
20 (a) The
Department shall publish on its website, at least 
21monthly, final disciplinary actions taken by
the Department 
22against a licensee or applicant pursuant to any licensing Act 
23administered by the Department. The specific disciplinary 
24action and the name of the applicant or
licensee shall be 
25listed.

 
 
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1 (b) No later than May 1 of each year, the Department must 
2prepare, publicly announce, and publish a report of summary 
3statistical information relating to new license, 
4certification, or registration applications during the 
5preceding calendar year. Each report shall show at minimum:
6  (1) the number of applicants for each new license, 
7 certificate, or registration administered by the 
8 Department in the previous calendar year;
9  (2) the number of applicants for a new license, 
10 certificate, or registration within the previous calendar 
11 year who had any criminal conviction;
12  (3) the number of applicants for a new license, 
13 certificate, or registration in the previous calendar year 
14 who were granted a license, registration, or certificate;
15  (4) the number of applicants for a new license, 
16 certificate, or registration within the previous calendar 
17 year with a criminal conviction who were granted a license, 
18 certificate, or registration in the previous calendar 
19 year;
20  (5) the number of applicants for a new license, 
21 certificate, or registration in the previous calendar year 
22 who were denied a license, registration, or certificate;
23  (6) the number of applicants for new license, 
24 certificate, or registration in the previous calendar year 
25 with a criminal conviction who were denied a license, 
26 certificate, or registration in part or in whole because of 
 
 
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1 such conviction;
2  (7) the number of licenses issued within the previous 
3 calendar year to applicants with a criminal conviction; and
4  (8) the number of licensees or certificate holders who 
5 were granted expungement for a record of discipline based 
6 on a conviction predating licensure, certification, or 
7 registration or a criminal charge, arrest, or conviction 
8 that was dismissed, sealed, or expunged or did not arise 
9 from the regulated activity, as a share of the total such 
10 expungement requests.
11(Source: P.A. 99-227, eff. 8-3-15.)


12 (20 ILCS 2105/2105-207)
13 Sec. 2105-207. Records of Department actions.
14 (a) Any licensee subject to a licensing Act administered by 
15the Division of Professional Regulation and who has been 
16subject to disciplinary action by the Department may file an 
17application with the Department on forms provided by the 
18Department, along with the required fee of $175 $200, to have 
19the records classified as confidential, not for public release, 
20and considered expunged for reporting purposes if:
21  (1) the application is submitted more than 3 7 years 
22 after the disciplinary offense or offenses occurred or 
23 after restoration of the license, whichever is later;
24  (2) the licensee has had no incidents of discipline 
25 under the licensing Act since the disciplinary offense or 
 
 
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1 offenses identified in the application occurred;
2  (3) the Department has no pending investigations 
3 against the licensee; and
4  (4) the licensee is not currently in a disciplinary 
5 status.
6 (b) An application to make disciplinary records 
7confidential shall only be considered by the Department for an 
8offense or action relating to:
9  (1) failure to pay taxes or student loans;
10  (2) continuing education;
11  (3) failure to renew a license on time;
12  (4) failure to obtain or renew a certificate of 
13 registration or ancillary license;
14  (5) advertising; or
15  (5.1) discipline based on criminal charges or 
16 convictions: 
17   (A) that did not arise from the licensed activity 
18 and was unrelated to the licensed activity; or 
19   (B) that were dismissed or for which records have 
20 been sealed or expunged. 
21  (5.2) past probationary status of a license issued to 
22 new applicants on the sole or partial basis of prior 
23 convictions; or 
24  (6) any grounds for discipline removed from the 
25 licensing Act.
26 (c) An application shall be submitted to and considered by 
 
 
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1the Director of the Division of Professional Regulation upon 
2submission of an application and the required non-refundable 
3fee. The Department may establish additional requirements by 
4rule. The Department is not required to report the removal of 
5any disciplinary record to any national database. Nothing in 
6this Section shall prohibit the Department from using a 
7previous discipline for any regulatory purpose or from 
8releasing records of a previous discipline upon request from 
9law enforcement, or other governmental body as permitted by 
10law. Classification of records as confidential shall result in 
11removal of records of discipline from records kept pursuant to 
12Sections 2105-200 and 2105-205 of this Act. 

13(Source: P.A. 98-816, eff. 8-1-14.)

14 Section 10. The Criminal Identification Act is amended by 
15changing Section 12 as follows:



16 20 ILCS 2630/12)


17 Sec. 12. Entry of order; effect of expungement or sealing 
18records. 

19 (a) Except with respect to law enforcement agencies, the 
20Department of
Corrections, State's Attorneys, or other 
21prosecutors, and as provided in Section 13 of this Act, an 
22expunged or sealed
record may not be considered by any private 
23or
public entity in employment matters, certification, 
24licensing, revocation
of certification or licensure, or 
 
 
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1registration. Applications for
certification, registration, or 
2licensure shall employment must contain specific language 
3which states that the
applicant is not obligated to disclose 
4sealed or expunged records of
conviction or arrest. If it is 
5not reasonably feasible to include the language in the 
6application, the entity authorized to grant a license, 
7certification, or registration shall publish on its website 
8instructions specifying that applicants are not obligated to 
9disclose sealed or expunged records of a conviction or arrest. 
10Employers may not ask if an applicant has had
records expunged 
11or sealed.

12 (b) A person whose records have been sealed or expunged is 
13not entitled to
remission of any fines, costs, or other money 
14paid as a consequence of
the sealing or expungement. This 
15amendatory Act of the 93rd General
Assembly does not affect the 
16right of the victim of a crime to prosecute
or defend a civil 
17action for damages. Persons engaged in civil litigation

18involving criminal records that have been sealed may
petition 
19the court to open the records for the limited purpose of using

20them in the course of litigation.

21(Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)".