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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3666
Introduced 2/5/2026, by Sen. Christopher Belt
SYNOPSIS AS INTRODUCED:
See Index
Amends the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois. Makes changes in provisions concerning
definitions; oaths, subpoenas, and penalties; applicants with criminal
convictions; qualification for licensure or registration; health care
worker licensure actions; automatic suspension of a health care worker's
license; the publication of disciplinary actions; and records of
Department actions. Amends the Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985. In provisions concerning
required licensure, provides that an application shall not be
automatically placed on hold, delayed, denied, or otherwise not processed
by the Department of Financial and Professional Regulation because it was
submitted by a person who is incarcerated. Amends the Health Care
Professional Credentials Data Collection Act. In provisions concerning
licensure records, provides that licensure records designated confidential
and considered sealed (rather than expunged) for reporting purposes by the
licensee are not reportable under the Act. Amends the Unified Code of
Corrections. In provisions concerning loss and restoration of rights,
provides that no application for specific licenses granted under the
authority of the State shall be denied to (rather than denied by reason of)
an eligible offender who has obtained a certificate of relief from
disabilities, having been previously convicted of one or more criminal
offenses (rather than or by reason of a finding of lack of "good moral
character"), when the finding is solely based upon the fact that the
applicant has previously been convicted of one or more criminal offenses,
except for certain circumstances. Repeals provisions concerning the
Department of Financial and Professional Regulation's annual report to the
General Assembly. Makes other changes. Effective immediately.
LRB104 17957 AAS 31394 b
A BILL FOR
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LRB104 17957 AAS 31394 b
1
AN ACT concerning regulation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be referred to as the
5
Reducing Barriers to Licensure Act.
6
Section 5.
The Department of Professional Regulation Law
7
of the Civil Administrative Code of Illinois is amended by
8
changing Sections 2105-5, 2105-105, 2105-131, 2105-135,
9
2105-165, 2105-170, 2105-205, and 2105-207 as follows:
10
(20 ILCS 2105/2105-5)
(was 20 ILCS 2105/60b)
11
Sec. 2105-5.
Definitions.
In this Law:
12
"Address of record" means the designated address recorded
13
by the Department in the applicant's application file or the
14
licensee's license file, as maintained by the Department's
15
licensure maintenance unit. An address of record must be a
16
street address, not a post office box or any other similar
17
location.
18
"Applicant" means an applicant for a license,
19
certification, registration, permit, or other authority issued
20
or conferred by the Department by virtue or authority of which
21
the licensee has or claims the right to engage in a profession,
22
trade, occupation, or operation of which the Department has
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1
jurisdiction.
2
"Department" means the Division of Professional Regulation
3
and the Division of Real Estate
of the Department of Financial
4
and Professional Regulation. Any reference in this Article to
5
the "Department of Professional Regulation" shall be deemed to
6
mean the "Division of Professional Regulation
and the Division
7
of Real Estate
of the Department of Financial and Professional
8
Regulation".
9
"Director" means the Director of Professional Regulation
10
or the Director of Real Estate
.
11
"Email address of record" means the designated email
12
address recorded by the Department in the applicant's
13
application file or the licensee's license file, as maintained
14
by the Department's licensure maintenance unit.
15
"Board" means the board of persons designated for a
16
profession, trade, or occupation under the provisions of any
17
Act now or hereafter in force whereby the jurisdiction of that
18
profession, trade, or occupation is devolved on the
19
Department.
20
"License" means a license, registration, certification,
21
permit, or other authority purporting to be issued or
22
conferred by the Department by virtue or authority of which
23
the licensee has or claims the right to engage in a profession,
24
trade, occupation, or operation of which the Department has
25
jurisdiction.
26
"Licensee" means a person who holds or claims to hold a
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1
license. An unlicensed person or entity that holds himself,
2
herself, or itself out as a licensee or engages in a licensed
3
activity shall be deemed to be a licensee for the purposes of
4
investigation or disciplinary action.
5
"Retiree" means a person who has been duly licensed,
6
registered, or certified in a profession regulated by the
7
Department and who chooses to relinquish or not renew his or
8
her license, registration, or certification.
9
(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
10
(20 ILCS 2105/2105-105)
(was 20 ILCS 2105/60d)
11
Sec. 2105-105.
Oaths; subpoenas; penalty.
12
(a)
Notwithstanding any provision of law to the contrary
13
in any licensing Act, the
The
Department, by its Director or a
14
person designated by him or her, is empowered, at any time
15
during the course of any investigation or hearing conducted
16
pursuant to any Act administered by the Department, to
17
administer oaths, subpoena witnesses, take evidence, and
18
compel the production of any books, papers, records, or any
19
other documents that the Director, or a person designated by
20
him or her, deems relevant or material to any such
21
investigation or hearing conducted by the Department
, with the
22
same fees and mileage and in the same manner as prescribed by
23
law in judicial proceedings in civil cases in circuit courts
24
of this State
.
Witnesses in hearings conducted under this
25
Section are entitled to the same fees and mileage, and in the
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1
same manner, as prescribed by law in judicial proceedings in
2
civil cases of this State.
Discovery or evidence depositions
3
shall not be taken, except by agreement of the Department and
4
registrant.
5
(b) Any person who, without lawful authority, fails to
6
appear in response to a subpoena or to answer any question or
7
produce any books, papers, records, or any other documents
8
relevant or material to the investigation or hearing is guilty
9
of a Class A misdemeanor. Each violation shall constitute a
10
separate and distinct offense.
11
In addition to initiating criminal proceedings, the
12
Department, through the Attorney General, may seek enforcement
13
of any such subpoena by any circuit court of this State.
14
(Source: P.A. 99-227, eff. 8-3-15.)
15
(20 ILCS 2105/2105-131)
16
Sec. 2105-131.
Applicants with criminal convictions;
17
notice of denial.
18
(a) For the purposes of this Section, "mitigating factors"
19
means any information, evidence, conduct, or circumstances
20
before, during, or after the offense or offenses reviewed by
21
the Department that may reflect
favorably
on an applicant's
22
request for licensure, registration, or certification through
23
the Department, such as 3 years having passed since release
24
from confinement.
Mitigating factors are not a bar to
25
licensure, instead they provide guidance for the Department
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when considering licensure, registration, or certification for
2
an applicant with criminal history.
3
Except as provided in Section 2105-165 of this Act
4
regarding licensing restrictions based on enumerated offenses
5
for health care workers as defined in the Health Care Worker
6
Self-Referral Act and except as provided in any licensing Act
7
administered by the Department in which convictions of certain
8
enumerated offenses are a bar to licensure, the Department,
9
upon a finding that an applicant for a license, certificate,
10
or registration was previously convicted of a felony or
11
misdemeanor that may be grounds for refusing to issue a
12
license or certificate or to grant a registration, shall
13
consider
any mitigating factors and evidence of rehabilitation
14
contained in the applicant's record, including the
15
circumstances surrounding the offense or offenses and any of
16
the following
,
to determine whether a prior conviction will
17
impair the ability of the applicant to engage in the practice
18
for which a license, certificate, or registration is sought:
19
(1) the
lack of
direct
relationship
relation
of the
20
offense for which the applicant was previously convicted
21
to the duties, functions, and responsibilities of the
22
position for which a license is sought
, whether the
23
license sought offers the opportunity for the same offense
24
or a similar offense to occur, and whether the
25
circumstances leading to the conduct for which the person
26
was convicted may reoccur in the profession sought
;
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(2) any mitigating factors
,
from the point of arrest
2
or indictment when determined to be appropriate, unless
3
otherwise specified and
including, but not limited to,
4
evidence of rehabilitation, the circumstances surrounding
5
the offense, the number of prior convictions that appear
6
on the conviction record, the length of time since the
7
last conviction, and
whether 5 years since a felony
8
conviction or 3 years since release from confinement for
9
the conviction, whichever is later, have passed without a
10
subsequent conviction;
11
(3) if the applicant was previously licensed or
12
employed in this State or other states or jurisdictions,
13
the lack of prior misconduct arising from or related to
14
the licensed position or position of employment;
15
(4) the age of the person at the time of the
criminal
16
offense
for which the applicant was previously convicted
17
and the facts and circumstances surrounding that offense
18
and subsequent conviction
;
19
(4.5)
the nature and severity of the prior conviction
20
and the relationship of the prior conviction to the safety
21
and security of others
if, due to the applicant's criminal
22
conviction history, the applicant would be explicitly
23
prohibited by federal rules or regulations from working in
24
the position for which a license is sought
;
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
record, including the applicant's employment
6
history
character
;
7
(7) evidence of rehabilitation or rehabilitative
8
effort during or after incarceration, or during or after a
9
term of supervision, including, but not limited to, a
10
certificate of good conduct under Section 5-5.5-25 of the
11
Unified Code of Corrections or certificate of relief from
12
disabilities under Section 5-5.5-10 of the Unified Code of
13
Corrections; and
14
(8) any other
mitigating
factors that contribute to
15
the person's potential and current ability to perform the
16
job duties.
17
(b) If the Department refuses to issue a license or
18
certificate or grant registration to an applicant based upon a
19
conviction or convictions, in whole or in part, the Department
20
shall notify the applicant of the denial in writing with the
21
following included in the notice of denial:
22
(1) a statement about the decision to refuse to grant
23
a license, certificate, or registration, including an
24
explanation of how the conviction directly relates to and
25
would prevent the person from effectively engaging in the
26
position for which a license, registration, or certificate
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LRB104 17957 AAS 31394 b
1
is sought;
2
(2) a list of convictions that the Department
3
determined will impair the applicant's ability to engage
4
in the position for which a license, registration, or
5
certificate is sought;
6
(3) a list of convictions that formed the sole or
7
partial basis for the refusal to issue a license or
8
certificate or grant registration; and
9
(4) a summary of the appeal process or the earliest
10
the applicant may reapply for a license, certificate, or
11
registration, whichever is applicable.
12
(c) The Department shall post on its website a list of all
13
State licensing restrictions that would prohibit an applicant
14
from working in a position for which a license is sought.
15
(Source: P.A. 101-388, eff. 1-1-20; 102-105, eff. 1-1-22
.)
16
(20 ILCS 2105/2105-135)
17
Sec. 2105-135.
Qualification for licensure or
18
registration;
good moral character;
applicant conviction
19
records.
20
(a) The practice of professions licensed or registered by
21
the Department is hereby declared to affect the public health,
22
safety, and welfare and to be subject to regulation and
23
control in the public interest. It is further declared to be a
24
matter of public interest and concern that persons who are
25
licensed or registered to engage in any of the professions
SB3666
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1
licensed or registered by the Department
perform the functions
2
of those professions in a manner that does not harm or threaten
3
harm to members of the public
are of good moral character
,
4
which shall be a continuing requirement of licensure or
5
registration so as to merit and receive the confidence and
6
trust of the public. Upon a finding by the Department that a
7
person has committed a violation of the disciplinary grounds
8
of any licensing Act administered by the Department with
9
regard to licenses, certificates, or authorities of persons
10
exercising the respective professions, trades, or occupations,
11
the Department
, in addition to any remedy authorized under the
12
licensing Act,
is authorized to revoke, suspend, refuse to
13
renew, place on probationary status, fine, or take any other
14
disciplinary
or nondisciplinary
action it deems warranted
15
against any licensee or registrant whose conduct
harms or
16
threatens harm to members of the public, as long as the
17
Department has considered the factors set forth in subsection
18
(a) of Section 2105-131 of this Act
violates the continuing
19
requirement of good moral character
.
20
(b) No application for licensure or registration shall be
21
denied
by reason of a finding of lack of good moral character
22
when the finding is
based solely upon the fact that the
23
applicant has previously been convicted of one or more
24
criminal offenses. When reviewing a prior conviction of an
25
initial applicant
for the purpose of determining good moral
26
character
, the Department shall consider
the factors
evidence
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of rehabilitation and mitigating factors in the applicant's
2
record, including those
set forth in subsection (a) of Section
3
2105-131 of this Act.
A denial based on a finding of an
4
applicant's lack of good moral character related to a prior
5
conviction shall only be permitted when required by the
6
relevant professional Act and after the Department has
7
considered the factors set forth in subsection (a) of Section
8
2105-131 of this Act.
9
(c) The Department shall not require applicants to report
10
the following information and shall not consider the following
11
criminal history records in connection with an application for
12
licensure or registration:
13
(1) juvenile adjudications of delinquent minors as
14
defined in Section 5-105 of the Juvenile Court Act of 1987
15
subject to the restrictions set forth in Section 5-130 of
16
that Act;
17
(2) law enforcement records, court records, and
18
conviction records of an individual who was 17 years old
19
at the time of the offense and before January 1, 2014,
20
unless the nature of the offense required the individual
21
to be tried as an adult;
22
(3) records of arrest not followed by a charge or
23
conviction;
24
(4) records of arrest where the charges were
25
dismissed
;
unless related to the practice of the
26
profession; however,
applicants shall not be asked to
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1
report any arrests, and an arrest not followed by a
2
conviction
, if disclosed,
shall not be the basis of a
3
denial and may be used only to assess an applicant's
4
rehabilitation;
5
(5) convictions overturned by a higher court; or
6
(6) convictions or arrests that have been sealed or
7
expunged.
8
(Source: P.A. 100-286, eff. 1-1-18
.)
9
(20 ILCS 2105/2105-165)
10
Sec. 2105-165.
Health care worker licensure actions; sex
11
crimes.
12
(a) When a licensed health care worker, as defined in the
13
Health Care Worker Self-Referral Act, (1) has been convicted
14
of a criminal act that requires registration under the Sex
15
Offender Registration Act; (1.5) has been convicted of
16
involuntary sexual servitude of a minor under subsection (c)
17
of Section 10-9 or subsection (b) of Section 10A-10 of the
18
Criminal Code of 1961 or the Criminal Code of 2012; (2) has
19
been convicted of a criminal battery against any patient in
20
the course of patient care or treatment, including any offense
21
based on sexual conduct or sexual penetration; (3) has been
22
convicted of a forcible felony; or (4) is required as a part of
23
a criminal sentence to register under the Sex Offender
24
Registration Act, then, notwithstanding any other provision of
25
law to the contrary, except as provided in this Section, the
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1
license of the health care worker shall by operation of law be
2
permanently revoked without a hearing.
3
(a-1) If a licensed health care worker has been convicted
4
of a forcible felony, other than a forcible felony requiring
5
registration under the Sex Offender Registration Act,
6
involuntary sexual servitude of a minor that is a forcible
7
felony, or a criminal battery against any patient in the
8
course of patient care or treatment, is not required to
9
register as a sex offender, and has had his or her license
10
revoked pursuant to item (3) of subsection (a) of this
11
Section, then the health care worker may petition the
12
Department to restore his or her license if more than 5 years
13
have passed since the conviction or more than 3 years have
14
passed since the health care worker's release from confinement
15
for that conviction, whichever is later. In determining
16
whether a license shall be restored, the Department shall
17
consider, but is not limited to, the following factors:
18
(1) the seriousness of the offense;
19
(2) the presence of multiple offenses;
20
(3) prior disciplinary history, including, but not
21
limited to, actions taken by other agencies in this State
22
or by other states or jurisdictions, hospitals, health
23
care facilities, residency programs, employers, insurance
24
providers, or any of the armed forces of the United States
25
or any state;
26
(4) the impact of the offense on any injured party;
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1
(5) the vulnerability of any injured party, including,
2
but not limited to, consideration of the injured party's
3
age, disability, or mental illness;
4
(6) the motive for the offense;
5
(7) the lack of contrition for the offense;
6
(8) the lack of cooperation with the Department or
7
other investigative authorities;
8
(9) the lack of prior disciplinary action, including,
9
but not limited to, action by the Department or by other
10
agencies in this State or by other states or
11
jurisdictions, hospitals, health care facilities,
12
residency programs, employers, insurance providers, or any
13
of the armed forces of the United States or any state;
14
(10) contrition for the offense;
15
(11) cooperation with the Department or other
16
investigative authorities;
17
(12) restitution to injured parties;
18
(13) whether the misconduct was self-reported;
19
(14) any voluntary remedial actions taken or other
20
evidence of rehabilitation; and
21
(15) the date of conviction.
22
(b) No person who has been convicted of any offense listed
23
in subsection (a) or required to register as a sex offender may
24
receive a license as a health care worker in Illinois. The
25
process for petition and review by the Department provided in
26
subsection (a-1) shall also apply to a person whose
SB3666
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1
application for licensure is denied pursuant to item (3) of
2
subsection (a) of this Section for a conviction of a forcible
3
felony, other than a forcible felony requiring registration
4
under the Sex Offender Registration Act, involuntary sexual
5
servitude of a minor that is a forcible felony, or a criminal
6
battery against any patient in the course of patient care or
7
treatment, who is not required to register as a sex offender.
8
(c) Immediately after a licensed health care worker, as
9
defined in the Health Care Worker Self-Referral Act, has been
10
charged with any offense for which the sentence includes
11
registration as a sex offender; involuntary sexual servitude
12
of a minor; a criminal battery against a patient, including
13
any offense based on sexual conduct or sexual penetration, in
14
the course of patient care or treatment; or a forcible felony;
15
then the prosecuting attorney shall provide notice to the
16
Department of the health care worker's name, address, practice
17
address, and license number and the patient's name and a copy
18
of the criminal charges filed. Within 5 business days after
19
receiving notice from the prosecuting attorney of the filing
20
of criminal charges against the health care worker, the
21
Secretary shall issue an administrative order that the health
22
care worker shall immediately practice only with a chaperone
23
during all patient encounters pending the outcome of the
24
criminal proceedings. The chaperone must be a licensed health
25
care worker. The chaperone shall provide written notice to all
26
of the health care worker's patients explaining the
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1
Department's order to use a chaperone. Each patient shall sign
2
an acknowledgement that they received the notice. The notice
3
to the patient of criminal charges shall include, in 14-point
4
font, the following statement: "The health care worker is
5
presumed innocent until proven guilty of the charges.". The
6
licensed health care worker shall provide a written plan of
7
compliance with the administrative order that is acceptable to
8
the Department within 5 days after
service
receipt
of the
9
administrative order. Failure to comply with the
10
administrative order, failure to file a compliance plan, or
11
failure to follow the compliance plan shall subject the health
12
care worker to temporary suspension of his or her professional
13
license until the completion of the criminal proceedings.
14
(d) Nothing contained in this Section shall act in any way
15
to waive or modify the confidentiality of information provided
16
by the prosecuting attorney to the extent provided by law. Any
17
information reported or disclosed shall be kept for the
18
confidential use of the Secretary, Department attorneys, the
19
investigative staff, and authorized clerical staff and shall
20
be afforded the same status as is provided information under
21
Part 21 of Article VIII of the Code of Civil Procedure, except
22
that the Department may disclose information and documents to
23
(1) a federal, State, or local law enforcement agency pursuant
24
to a subpoena in an ongoing criminal investigation or (2) an
25
appropriate licensing authority of another state or
26
jurisdiction pursuant to an official request made by that
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1
authority. Any information and documents disclosed to a
2
federal, State, or local law enforcement agency may be used by
3
that agency only for the investigation and prosecution of a
4
criminal offense. Any information or documents disclosed by
5
the Department to a professional licensing authority of
6
another state or jurisdiction may only be used by that
7
authority for investigations and disciplinary proceedings with
8
regards to a professional license.
9
(e) Any licensee whose license was revoked or who received
10
an administrative order under this Section shall have the
11
revocation or administrative order vacated and completely
12
removed from the licensee's records and public view and the
13
revocation or administrative order shall be afforded the same
14
status as is provided information under Part 21 of Article
15
VIII of the Code of Civil Procedure if (1) the charges upon
16
which the revocation or administrative order is based are
17
dropped; (2) the licensee is not convicted of the charges upon
18
which the revocation or administrative order is based; or (3)
19
any conviction for charges upon which the revocation or
20
administrative order was based have been vacated, overturned,
21
or reversed.
22
(f) Nothing contained in this Section shall prohibit the
23
Department from initiating or maintaining a disciplinary
24
action against a licensee independent from any criminal
25
charges, conviction, or sex offender registration.
26
(g) The Department may adopt rules necessary to implement
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this Section.
2
(h) For the purposes of this Section, "conviction"
3
includes a plea of guilty, a plea of nolo contendere, a finding
4
of guilt, a jury verdict, and an entry of judgment or
5
sentencing, including, but not limited to, preceding sentences
6
of supervision, conditional discharge, or first offender
7
probation.
8
(Source: P.A. 99-886, eff. 1-1-17; 100-262, eff. 8-22-17.)
9
(20 ILCS 2105/2105-170)
10
Sec. 2105-170.
Health care workers; automatic suspension
11
of license
or registration
.
A health care worker, as defined
12
by the Health Care Worker Self-Referral Act
or as set forth by
13
rule
, licensed
or registered
by the Department shall be
14
automatically and indefinitely suspended if the licensee has
15
either been convicted of or has entered a plea of guilty or
16
nolo contendere in a criminal prosecution to a criminal health
17
care
fraud offense
or
a
criminal insurance fraud offense
18
requiring intent under the laws of the State, the laws of any
19
other state, or the laws of the United States of America,
20
including, but not limited to, criminal Medicare or Medicaid
21
fraud. A certified copy of the conviction or judgment shall be
22
the basis for the suspension. If
, after the issuance of the
23
Department's order to suspend,
a licensee requests a hearing,
24
then the sole purpose of the hearing shall be limited to the
25
length of the suspension of the licensee's license, as the
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conviction or judgment is a matter of record and may not be
2
challenged.
3
(Source: P.A. 99-211, eff. 1-1-16; 100-262, eff. 8-22-17.)
4
(20 ILCS 2105/2105-205)
(was 20 ILCS 2105/60.3)
5
Sec. 2105-205.
Publication of disciplinary actions; annual
6
report.
7
(a) The Department shall publish on its website, at least
8
monthly, final disciplinary actions taken by the Department
9
against a licensee or applicant pursuant to any licensing Act
10
administered by the Department. The specific disciplinary
11
action and the name of the applicant or licensee shall be
12
listed.
13
(b) No later than May 1 of each year, the Department must
14
prepare, publicly announce, and publish a report of summary
15
statistical information relating to new license,
16
certification, or registration applications during the
17
preceding calendar year. Each report shall show at minimum:
18
(1) the number of applicants for each new license,
19
certificate, or registration administered by the
20
Department in the previous calendar year;
21
(2) the number of applicants for a new license,
22
certificate, or registration within the previous calendar
23
year who had any criminal conviction;
24
(3) the number of applicants for a new license,
25
certificate, or registration in the previous calendar year
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1
who were granted a license, registration, or certificate;
2
(4) the number of applicants for a new license,
3
certificate, or registration within the previous calendar
4
year with a criminal conviction who were granted a
5
license, certificate, or registration in the previous
6
calendar year;
7
(5) the number of applicants for a new license,
8
certificate, or registration in the previous calendar year
9
who were denied a license, registration, or certificate;
10
(6) the number of applicants for new license,
11
certificate, or registration in the previous calendar year
12
with a criminal conviction who were denied a license,
13
certificate, or registration in part or in whole because
14
of such conviction, including the types of criminal
15
convictions;
16
(7) the number of licenses issued on probation within
17
the previous calendar year to applicants with a criminal
18
conviction; and
19
(8) the number of licensees or certificate holders
20
whose records
who were granted expungement for a record
of
21
discipline
with the Department were sealed
based on a
22
conviction predating licensure, certification, or
23
registration
or a criminal charge, arrest,
or
a
conviction
24
that was dismissed, sealed, or expunged or did not arise
25
from the regulated activity, as a share of the total such
26
expungement
requests
to seal
.
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1
(Source: P.A. 102-105, eff. 1-1-22
.)
2
(20 ILCS 2105/2105-207)
3
Sec. 2105-207.
Records of Department actions
; sealing of
4
disciplinary records
.
5
(a) Any licensee subject to a licensing Act administered
6
by the Department and who has been subject to disciplinary
7
action by the Department may file an application with the
8
Department on forms provided by the Department, along with the
9
required fee of $175, to have the records classified as
10
confidential, not for public release, and considered
sealed
11
expunged
for reporting purposes if:
12
(1) the application is submitted more than 3 years
13
after the disciplinary offense or offenses occurred or
14
after restoration of the license, whichever is later;
15
(2) the licensee has had no incidents of discipline
16
under the licensing Act since the disciplinary offense or
17
offenses identified in the application occurred;
18
(3) the Department has no pending investigations
19
against the licensee; and
20
(4) the licensee is not currently in a disciplinary
21
status.
22
(b) An application to make disciplinary records
23
confidential shall only be considered by the Department for an
24
offense or action relating to:
25
(1) failure to pay taxes;
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(2) continuing education;
2
(3) failure to renew a license on time;
3
(4) failure to obtain or renew a certificate of
4
registration or ancillary license;
5
(5) advertising;
6
(5.1) discipline based on criminal charges or
7
convictions:
8
(A) that did not arise from the licensed activity
9
and was unrelated to the licensed activity; or
10
(B) that were dismissed or for which records have
11
been sealed or expunged;
12
(5.2) past probationary status of a license issued to
13
new applicants on the sole or partial basis of prior
14
convictions;
15
(6) any grounds for discipline removed from the
16
licensing Act;
17
(7) failure to comply with workers' compensation
18
requirements; or
19
(8) reprimand of a licensee.
20
(c) An application shall be submitted to and considered by
21
the Director upon submission of an application and the
22
required non-refundable fee. The Department may establish
23
additional requirements by rule.
The Department is not
24
required to report the removal of any disciplinary record to
25
any national database. Nothing in this Section shall prohibit
26
the Department from using a previous discipline for any
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regulatory purpose or from releasing records of a previous
2
discipline upon request from law enforcement, or other
3
governmental body as permitted by law. Classification of
4
records as confidential shall result in removal of records of
5
discipline from records kept pursuant to Sections 2105-200 and
6
2105-205 of this Act.
7
(d) Any applicant for licensure or a licensee whose
8
petition for review is granted by the Department pursuant to
9
subsection (a-1) of Section 2105-165 of this Law may file an
10
application with the Department on forms provided by the
11
Department to have records relating to his or her permanent
12
denial or permanent revocation classified as confidential and
13
not for public release and considered
sealed
expunged
for
14
reporting purposes in the same manner and under the same terms
15
as is provided in this Section for the offenses listed in
16
subsection (b) of this Section, except that the requirements
17
of a 3-year waiting period and the $175 application fee do not
18
apply.
19
(e) Notwithstanding any other provisions of this Section,
20
and unless otherwise required by law, the Department shall
21
classify disciplinary records as confidential and remove final
22
disciplinary actions from public record without application
23
when:
24
(1) 10 years prior or more, a final disciplinary order
25
was entered against the applicant or upon restoration of
26
the license after the order, whichever date is later;
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(2) the licensee is not in disciplinary or
2
probationary status, and there is no pending investigation
3
against the licensee; and
4
(3) there have been no other incidents of discipline
5
under any licensing Act regulated by the Department since
6
the public discipline subject to review was entered or the
7
license was restored.
8
The disciplinary offense or offenses that qualify under
9
this subsection (e) do not include:
10
(A) convictions for health care workers as enumerated
11
in Section 2105-165 unless a petition for review was
12
granted pursuant to subsection (a-1) of Section 2105-165;
13
(B) forcible felony convictions as listed by the
14
Criminal Code of 2012 or an equivalent law in any other
15
jurisdiction, including under federal law;
16
(C) criminal acts that require registration under the
17
Sex Offender Registration Act or sexual misconduct that is
18
a violation of the Department's professional Acts;
19
(D) convictions for massage therapists specified in
20
subsections (c) and (c-5) of Section 45 of the Massage
21
Therapy Practice Act; or
22
(E) felony convictions related to fraudulent activity,
23
including, but not limited to, forgery, embezzlement,
24
falsifying documentation, and defrauding the government.
25
If a disciplinary order consists of any of the convictions
26
that do not qualify under this subsection (e), even in part,
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the disciplinary action shall not qualify for sealing under
2
this subsection (e). The Department shall have up to 3 years
3
after the effective date of this amendatory Act of the 104th
4
General Assembly to fully implement the process of sealing
5
records as provided in this subsection (e), subject to
6
appropriation for the costs of programming and personnel
7
required for the Department's implementation and the
8
expenditure of Department resources.
9
(f) The Department may adopt additional requirements by
10
rule. The Department is not required to report the removal of
11
any disciplinary record from public record to any national
12
database. Nothing in this Section shall prohibit the
13
Department from using a previous discipline for any regulatory
14
purpose, such as a factor in aggravation, in any future
15
disciplinary proceeding. The Department shall not be
16
prohibited from releasing records of a previous discipline
17
upon request by law enforcement or other governmental bodies
18
as permitted by law. Classification of records as confidential
19
shall result in removal of records of discipline from records
20
kept pursuant to Sections 2105-200 and 2105-205 of this Act.
21
(Source: P.A. 103-26, eff. 1-1-24
.)
22
Section 10.
The Barber, Cosmetology, Esthetics, Hair
23
Braiding, and Nail Technology Act of 1985 is amended by
24
changing Section 1-7 as follows:
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1
(225 ILCS 410/1-7)
(from Ch. 111, par. 1701-7)
2
(Section scheduled to be repealed on January 1, 2031)
3
Sec. 1-7.
Licensure required; renewal; restoration.
4
(a) It is unlawful for any person to practice, or to hold
5
oneself out to be a cosmetologist, esthetician, nail
6
technician, hair braider, or barber without a license as a
7
cosmetologist, esthetician, nail technician, hair braider or
8
barber issued by the Department pursuant to the provisions of
9
this Act and of the Civil Administrative Code of Illinois. It
10
is also unlawful for any person, firm, partnership, limited
11
liability company, professional limited liability company,
12
corporation, or professional service corporation to own,
13
operate, or conduct a cosmetology, esthetics, nail technology,
14
hair braiding, or barber school without a license issued by
15
the Department or to own or operate a cosmetology, esthetics,
16
nail technology, or hair braiding salon, barber shop, or other
17
business subject to the registration requirements of this Act
18
without a certificate of registration issued by the Department
19
or to present continuing education courses or programs to
20
cosmetologists, estheticians, nail technicians, hair braiders,
21
or teachers of these professions without a license issued by
22
the Department. It is further unlawful for any person to teach
23
in any cosmetology, esthetics, nail technology, hair braiding,
24
or barber college or school licensed by the Department or hold
25
himself or herself out as a cosmetology, esthetics, hair
26
braiding, nail technology, or barber teacher without a license
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1
as a teacher, issued by the Department or as a cosmetology
2
clinic teacher without a license as a cosmetology clinic
3
teacher issued by the Department.
4
(b) Notwithstanding any other provision of this Act, a
5
person licensed as a cosmetologist may hold oneself out as an
6
esthetician and may engage in the practice of esthetics, as
7
defined in this Act, without being licensed as an esthetician.
8
A person licensed as a cosmetology teacher may teach esthetics
9
or hold oneself out as an esthetics teacher without being
10
licensed as an esthetics teacher. A person licensed as a
11
cosmetologist may hold oneself out as a nail technician and
12
may engage in the practice of nail technology, as defined in
13
this Act, without being licensed as a nail technician. A
14
person licensed as a cosmetology teacher may teach nail
15
technology and hold oneself out as a nail technology teacher
16
without being licensed as a nail technology teacher. A person
17
licensed as a cosmetologist may hold oneself out as a hair
18
braider and may engage in the practice of hair braiding, as
19
defined in this Act, without being licensed as a hair braider.
20
A person licensed as a cosmetology teacher may teach hair
21
braiding and hold oneself out as a hair braiding teacher
22
without being licensed as a hair braiding teacher.
23
(c) A person licensed as a barber teacher may hold oneself
24
out as a barber and may practice barbering without a license as
25
a barber. A person licensed as a cosmetology teacher may hold
26
oneself out as a cosmetologist, esthetician, hair braider, and
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1
nail technologist and may practice cosmetology, esthetics,
2
hair braiding, and nail technology without a license as a
3
cosmetologist, esthetician, hair braider, or nail
4
technologist. A person licensed as an esthetics teacher may
5
hold oneself out as an esthetician without being licensed as
6
an esthetician and may practice esthetics. A person licensed
7
as a nail technician teacher may practice nail technology and
8
may hold oneself out as a nail technologist without being
9
licensed as a nail technologist. A person licensed as a hair
10
braiding teacher may practice hair braiding and may hold
11
oneself out as a hair braider without being licensed as a hair
12
braider.
13
(c-5) A person with an active license as a cosmetologist
14
may obtain or restore an additional license as an esthetician,
15
nail technician, or hair braider without having to complete
16
the additional licensure requirements for each profession,
17
other than payment of the fee, by filing an application
18
provided by the Department for each additional license. A
19
person with an active license as a cosmetology teacher may
20
obtain or restore an additional license as an esthetics
21
teacher, nail technology teacher, or hair braider teacher
22
without having to complete the additional licensure
23
requirements for each profession, other than payment of the
24
fee, by filing an application provided by the Department for
25
each additional license. A person with an active license as a
26
cosmetology teacher may obtain or restore an additional
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1
license as a cosmetologist, esthetician, nail technician, or
2
hair braider without having to complete the additional
3
licensure requirements for each profession, other than payment
4
of the fee, by filing an application provided by the
5
Department for each additional license. A person with an
6
active license as a barber teacher may also obtain or restore a
7
barber license without having to complete the additional
8
licensure requirements, other than payment of the fee, by
9
filing an application provided by the Department. A person
10
with an active license as an esthetics teacher may also obtain
11
or restore an esthetician license without having to complete
12
the additional licensure requirements, other than payment of
13
the fee, by filing an application provided by the Department.
14
A person with an active license as a nail technology teacher
15
may also obtain or restore a nail technician license without
16
having to complete the additional licensure requirements,
17
other than payment of the fee, by filing an application
18
provided by the Department. A person with an active license as
19
a hair braiding teacher may also obtain or restore a hair
20
braider license without having to complete the additional
21
licensure requirements, other than payment of the fee, filing
22
an application provided by the Department. The Department may
23
provide for other requirements for obtaining or restoring
24
additional licenses by rule.
25
(d) The holder of a license issued under this Act may renew
26
that license during the month preceding the expiration date of
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1
the license by paying the required fee.
2
(e) The expiration date, renewal period, and conditions
3
for renewal and restoration of each license shall be
4
established by rule.
5
(f) A license issued under the provisions of this Act as a
6
barber, barber teacher, cosmetologist, cosmetology teacher,
7
cosmetology clinic teacher, esthetician, esthetics teacher,
8
nail technician, nail technician teacher, hair braider, or
9
hair braiding teacher that has expired while the holder of the
10
license was engaged (1) in federal service on active duty with
11
the Army, Navy, Marine Corps, Air Force, Space Force, or Coast
12
Guard of the United States of America, or any Women's
13
Auxiliary thereof, or the State Militia called into the
14
service or training of the United States of America or (2) in
15
training or education under the supervision of the United
16
States preliminary to induction into the military service, may
17
be reinstated or restored without payment of any lapsed
18
renewal fees, reinstatement fee, or restoration fee if within
19
2 years after the termination of such service, training, or
20
education other than by dishonorable discharge, the holder
21
furnishes the Department with an affidavit to the effect that
22
the holder has been so engaged and that the holder's service,
23
training, or education has been so terminated.
24
(g) For the purposes of this subsection (g), "person who
25
is incarcerated" means a person who is committed to the
26
Department of Corrections, a Federal Bureau of Prisons
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1
facility, a county jail, a county department of corrections,
2
or another jurisdiction's correctional facility.
3
An application shall not be automatically placed on hold,
4
delayed, denied, or otherwise not processed by the Department
5
because it was submitted by a person who is incarcerated. The
6
Department shall process applications for the original
7
licensure or restoration of the license of a person who is
8
incarcerated without any additional requirements or delays,
9
and the Department shall issue original licenses or restore
10
the licenses of persons who are incarcerated who have
11
submitted an application and who otherwise qualify for
12
licensure. The Secretary shall waive the 3-year time
13
limitations under subsections (c) and (d) of Section 4-5 for a
14
person who was incarcerated at the time of the application.
15
(Source: P.A. 103-746, eff. 1-1-25; 104-153, eff. 1-1-26
.)
16
Section 15.
The Health Care Professional Credentials Data
17
Collection Act is amended by changing Section 51 as follows:
18
(410 ILCS 517/51)
19
Sec. 51.
Licensure records.
Licensure records designated
20
confidential and considered
sealed
expunged
for reporting
21
purposes by the licensee under Section 2105-207 of the Civil
22
Administrative Code of Illinois are not reportable under this
23
Act.
24
(Source: P.A. 98-816, eff. 8-1-14; 99-78, eff. 7-20-15.)
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1
Section 20.
The Unified Code of Corrections is amended by
2
changing Sections 5-5-5 and 5-5.5-25 as follows:
3
(730 ILCS 5/5-5-5)
(from Ch. 38, par. 1005-5-5)
4
Sec. 5-5-5.
Loss and restoration of rights.
5
(a) Conviction and disposition shall not entail the loss
6
by the defendant of any civil rights, except under this
7
Section and Sections 29-6 and 29-10 of The Election Code, as
8
now or hereafter amended.
9
(b) A person convicted of a felony shall be ineligible to
10
hold an office created by the Constitution of this State until
11
the completion of his sentence.
12
(b-5) Notwithstanding any other provision of law, a person
13
convicted of a felony, bribery, perjury, or other infamous
14
crime for an offense committed on or after the effective date
15
of this amendatory Act of the 103rd General Assembly and
16
committed while he or she was serving as a public official in
17
this State is ineligible to hold any local public office or any
18
office created by the Constitution of this State unless the
19
person's conviction is reversed, the person is again restored
20
to such rights by the terms of a pardon for the offense, the
21
person has received a restoration of rights by the Governor,
22
or the person's rights are otherwise restored by law.
23
(c) A person sentenced to imprisonment shall lose his
24
right to vote until released from imprisonment.
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1
(d)
(Blank).
On completion of sentence of imprisonment or
2
upon discharge from probation, conditional discharge or
3
periodic imprisonment, or at any time thereafter, all license
4
rights and privileges granted under the authority of this
5
State which have been revoked or suspended because of
6
conviction of an offense shall be restored unless the
7
authority having jurisdiction of such license rights finds
8
after investigation and hearing that restoration is not in the
9
public interest. This paragraph (d) shall not apply to the
10
suspension or revocation of a license to operate a motor
11
vehicle under the Illinois Vehicle Code.
12
(e) Upon a person's discharge from incarceration or
13
parole, or upon a person's discharge from probation or at any
14
time thereafter, the committing court may enter an order
15
certifying that the sentence has been satisfactorily completed
16
when the court believes it would assist in the rehabilitation
17
of the person and be consistent with the public welfare. Such
18
order may be entered upon the motion of the defendant or the
19
State or upon the court's own motion.
20
(f) Upon entry of the order, the court shall issue to the
21
person in whose favor the order has been entered a certificate
22
stating that his behavior after conviction has warranted the
23
issuance of the order.
24
(g) This Section shall not affect the right of a defendant
25
to collaterally attack his conviction or to rely on it in bar
26
of subsequent proceedings for the same offense.
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1
(h) No application for any license specified in subsection
2
(i) of this Section granted under the authority of this State
3
shall be
denied to
denied by reason of
an eligible offender who
4
has obtained a certificate of relief from disabilities, as
5
defined in Article 5.5 of this Chapter, having been previously
6
convicted of one or more criminal offenses,
or by reason of a
7
finding of lack of "good moral character"
when the finding is
8
solely
based upon the fact that the applicant has previously
9
been convicted of one or more criminal offenses, unless:
10
(1) there is a direct relationship between one or more
11
of the previous criminal offenses and the specific license
12
sought;
or
13
(2) the issuance of the license would involve an
14
unreasonable risk to
public safety and to the practice of
15
the applicable profession; and
property or to the safety
16
or welfare of specific individuals or the general public.
17
(3) the applicant meets any other limitations or
18
factors detailed in the applicable professional Act.
19
In making such a determination, the licensing agency
, in
20
addition to its own requirements, may
shall
consider the
21
following factors:
22
(1) the public policy of this State, as expressed in
23
Article 5.5 of this Chapter, to encourage the licensure
24
and employment of persons previously convicted of one or
25
more criminal offenses;
26
(2) the specific duties and responsibilities
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1
necessarily related to the license being sought;
2
(3) the bearing, if any, the criminal offenses or
3
offenses for which the person was previously convicted
4
will have on his or her fitness or ability to perform one
5
or more such duties and responsibilities;
6
(4) the time which has elapsed since the occurrence of
7
the criminal offense or offenses;
8
(5) the age of the person at the time of occurrence of
9
the criminal offense or offenses;
10
(6) the seriousness of the offense or offenses;
11
(7) any information produced by the person or produced
12
on his or her behalf in regard to his or her rehabilitation
13
and good conduct, including a certificate of relief from
14
disabilities issued to the applicant, which certificate
15
shall create a presumption of rehabilitation in regard to
16
the offense or offenses specified in the certificate; and
17
(8) the legitimate interest of the licensing agency in
18
protecting property, and the safety and welfare of
19
specific individuals or the general public.
20
(i) A certificate of relief from disabilities shall be
21
issued
only
for a license or certification issued under the
22
following Acts
, as well as all professional Acts regulated by
23
the Division of Professional Regulation and the Division of
24
Real Estate of the Department of Financial and Professional
25
Regulation
:
26
(1) the Animal Welfare Act; except that a certificate
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1
of relief from disabilities may not be granted to provide
2
for the issuance or restoration of a license under the
3
Animal Welfare Act for any person convicted of violating
4
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
5
Care for Animals Act or Section 26-5 or 48-1 of the
6
Criminal Code of 1961 or the Criminal Code of 2012;
7
(2) the Illinois Athletic Trainers Practice Act;
8
(3) the Barber, Cosmetology, Esthetics, Hair Braiding,
9
and Nail Technology Act of 1985;
10
(4) the Boiler and Pressure Vessel Repairer Regulation
11
Act;
12
(5) the Boxing and Full-contact Martial Arts Act;
13
(6) the Illinois Certified Shorthand Reporters Act of
14
1984;
15
(7) the Illinois Farm Labor Contractor Certification
16
Act;
17
(8) the Registered Interior Designers Act;
18
(9) the Illinois Professional Land Surveyor Act of
19
1989;
20
(10) the Landscape Architecture Registration Act;
21
(11) the Marriage and Family Therapy Licensing Act;
22
(12) the Private Employment Agency Act;
23
(13) the Professional Counselor and Clinical
24
Professional Counselor Licensing and Practice Act;
25
(14) the Real Estate License Act of 2000;
26
(15) the Illinois Roofing Industry Licensing Act;
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(16) the Professional Engineering Practice Act of
2
1989;
3
(17) the Water Well and Pump Installation Contractor's
4
License Act;
5
(18) the Electrologist Licensing Act;
6
(19) the Auction License Act;
7
(20) the Illinois Architecture Practice Act of 1989;
8
(21) the Dietitian Nutritionist Practice Act;
9
(22) the Environmental Health Practitioner Licensing
10
Act;
11
(23) the Funeral Directors and Embalmers Licensing
12
Code;
13
(24) (blank);
14
(25) the Professional Geologist Licensing Act;
15
(26) the Illinois Public Accounting Act; and
16
(27) the Structural Engineering Practice Act of 1989.
17
(Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.)
18
(730 ILCS 5/5-5.5-25)
19
Sec. 5-5.5-25.
Certificate of good conduct.
20
(a) A certificate of good conduct may be granted as
21
provided in this Section to relieve an eligible offender of
22
any employment, occupational licensing, or housing bar. The
23
certificate may be limited to one or more disabilities or bars
24
or may relieve the individual of all disabilities and bars.
25
Notwithstanding any other provision of law, a certificate
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of good conduct does not relieve an offender of any
2
employment-related disability imposed by law by reason of his
3
or her conviction of a crime that would prevent his or her
4
employment by the Department of Corrections, Department of
5
Juvenile Justice, or any other law enforcement agency in the
6
State.
7
(a-6) A certificate of good conduct may be granted as
8
provided in this Section to an eligible offender as defined in
9
Section 5-5.5-5 of this Code who has demonstrated by clear and
10
convincing evidence that he or she has been
a
law-abiding
11
citizen
and is fully rehabilitated.
12
(b)(i) A certificate of good conduct may not, however, in
13
any way prevent any judicial proceeding, administrative,
14
licensing, or other body, board, or authority from considering
15
the conviction specified in the certificate.
16
(ii) A certificate of good conduct shall not limit or
17
prevent the introduction of evidence of a prior conviction for
18
purposes of impeachment of a witness in a judicial or other
19
proceeding where otherwise authorized by the applicable rules
20
of evidence.
21
(iii) A certificate of good conduct does not limit any
22
employer, landlord, judicial proceeding, administrative,
23
licensing, or other body, board, or authority from accessing
24
criminal background information; nor does it hide, alter, or
25
expunge the record.
26
(c) An employer is not civilly or criminally liable for an
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act or omission by an employee who has been issued a
2
certificate of good conduct, except for a willful or wanton
3
act by the employer in hiring the employee who has been issued
4
a certificate of good conduct.
5
(d) The existence of a certificate of good conduct does
6
not preclude a landlord or an administrative, licensing, or
7
other body, board, or authority from retaining full discretion
8
to grant or deny the application for housing or licensure.
9
(Source: P.A. 101-154, eff. 1-1-20
.)
10
(730 ILCS 5/5-5.5-50 rep.)
11
Section 25.
The Unified Code of Corrections is amended by
12
repealing Section 5-5.5-50.
13
Section 97.
Severability.
The provisions of this Act are
14
severable under Section 1.31 of the Statute on Statutes.
15
Section 99.
Effective date.
This Act takes effect upon
16
becoming law.
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INDEX
2
Statutes amended in order of appearance
3
20 ILCS 2105/2105-5
was 20 ILCS 2105/60b
4
20 ILCS 2105/2105-105
was 20 ILCS 2105/60d
5
20 ILCS 2105/2105-131
6
20 ILCS 2105/2105-135
7
20 ILCS 2105/2105-165
8
20 ILCS 2105/2105-170
9
20 ILCS 2105/2105-205
was 20 ILCS 2105/60.3
10
20 ILCS 2105/2105-207
11
225 ILCS 410/1-7
from Ch. 111, par. 1701-7
12
410 ILCS 517/51
13
730 ILCS 5/5-5-5
from Ch. 38, par. 1005-5-5
14
730 ILCS 5/5-5.5-25
15
730 ILCS 5/5-5.5-50 rep.
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