Date	Chamber	Action
12/23/2009	Senate	Public Act . . . . . . . . . 96-0852

Statutes Amended In Order of Appearance

730 ILCS 5/3-14-2

from Ch. 38, par. 1003-14-2

Synopsis As Introduced
Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the supervision of persons on parole or mandatory supervised release.

Senate Floor Amendment No. 2

	Deletes reference to:
	730 ILCS 5/3-14-2

	Adds reference to:
	20 ILCS 2105/2105-15	was 20 ILCS 2105/60

730 ILCS 5/5-5.5-5

730 ILCS 5/5-5.5-15

730 ILCS 5/5-5.5-25

730 ILCS 5/5-5.5-30

730 ILCS 5/5-5.5-35

730 ILCS 5/5-5.5-40

730 ILCS 5/5-5.5-20 rep.

Replaces everything after the enacting clause. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that within 180 days after the effective date of the amendatory Act, the Department of Financial and Professional Regulation shall promulgate rules which permit a person with a criminal record, who seeks a license or certificate, to apply to the Department for a non-binding, advisory opinion to be provided by the Board or body with the authority to issue the license or certificate as to whether his or her criminal record would bar the individual from the licensure or certification sought, should the individual meet all other licensure requirements including, but not limited to, the successful completion of the relevant examinations. Provides that the Department shall establish a schedule of fees to be paid to the Department by the person applying for the issuance of the non-binding, advisory opinion. Provides that if the person applies for the license or certificate within 2 years of the Department issuing its non-binding, advisory opinion on his or her eligibility for such license or certificate, his or her application fee for the license or certificate shall be reduced by the amount of the non-binding, advisory opinion fee paid under this provision. Amends the Unified Code of Corrections relating to relief from disabilities automatically imposed by law. Provides that the court may grant relief from forfeitures. Defines "eligible offender" for the purposes of relief from disabilities and forfeitures as a person who has been convicted of a crime that does not include an offense or attempted offense that would subject the person to registration under the Sex Offender Registration Act, the Arsonist Registration Act, or the Child Murderer and Violent Offender Against Youth Registration Act (rather than an offense that is not a crime of violence, a Class X or a nonprobationable offense, or a violation of the Sex Offenses or Bodily Harm Articles of the Criminal Code of 1961, but who has not been convicted more than twice of a felony). Provides that "eligible offender" does not include a person who has been convicted of committing or attempting to commit a Class X felony other than under the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or Cannabis Control Act; or a forcible felony, but who has not been convicted more than twice of a felony. Defines "forcible felony". Provides that a certificate of good conduct may be granted to relieve an eligible offender of any employment bar. Provides that the certificate may be limited to one or more enumerated disabilities or bars or may relieve the individual of all disabilities and bars. Provides that a certificate of good conduct does not limit the employer from accessing criminal background information; nor does it hide, alter, or expunge the record. Provides that a certificate of good conduct does not relieve an offender of any employment-related disability imposed by law by reason of his or her conviction of a crime that would prevent his or her employment by the Department of Corrections or the Department of Juvenile Justice. Provides that an employer is not civilly or criminally liable for an act or omission by an employee who has been issued a certificate of relief from disabilities or a certificate of good conduct, except for a willful or wanton act by the employer in hiring the employee who has been issued a certificate of relief from disabilities or a certificate of good conduct. Provides that a certificate of good conduct shall be issued by the Circuit Court in which the conviction was entered (rather than the Prisoner Review Board). Provides that the Court shall, upon notice to a certificate holder, have the power to revoke a certificate of good conduct upon a subsequent conviction. Provides that a circuit court that imposed the sentence may issue a certificate of relief from disabilities to an eligible offender even if the offender had been committed to the Department of Corrections. Repeals provisions that authorize the Prisoner Review Board to issue certificates of relief from disabilities. Effective immediately, except that the amendatory changes to the Unified Code of Corrections take effect January 1, 2010.

House Committee Amendment No. 1
Removes provisions providing for a schedule of fees to be paid to the Department of Financial and Professional Regulation by a person applying for the issuance of a non-binding, advisory opinion under the Act. Makes change in provision concerning certificates of relief from disabilities issued by courts.

House Floor Amendment No. 2
Provides that "eligible offender" does not include a person who has been convicted of committing or attempting to commit a Class X felony, aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, aggravated domestic battery, or a forcible felony, but who has not been convicted more than twice of a felony. Provides that the standard of proof that the court must use in determining whether the offender may be issued a certificate of good conduct or relief from disabilities is clear and convincing evidence.

Governor Amendatory Veto Message
In provisions amending the Unified Code of Corrections, recommends: (1) changing the definition of "eligible offender" to provide that the term means a person who has not been convicted more than twice of a felony (instead of providing that the term does not include such a person); (2) providing that a certificate of good conduct does not relieve an offender of any employment-related disability imposed by reason of his or her conviction of a crime that would prevent his or her employment by any other law enforcement agency; (3) providing that after a rehabilitation review has been held "in a manner designated by the chief judge of the judicial circuit in which the conviction was entered", the Circuit Court may issue a certificate of good conduct; and (4) deleting a provision that if the most serious crime of which an individual was convicted is a Class X felony, the minimum period of good conduct shall be 3 years.

Actions 

Date	Chamber	Action
2/6/2009	Senate	Filed with Secretary by Sen. John J. Cullerton
2/6/2009	Senate	First Reading
2/6/2009	Senate	Referred to Assignments
3/5/2009	Senate	Assigned to Executive
3/12/2009	Senate	Do Pass Executive; 012-000-000
3/12/2009	Senate	Placed on Calendar Order of 2nd Reading March 17, 2009
3/25/2009	Senate	Chief Sponsor Changed to Sen. Kwame Raoul
3/25/2009	Senate	Senate Floor Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
3/25/2009	Senate	Senate Floor Amendment No. 1 Referred to Assignments
3/30/2009	Senate	Second Reading
3/30/2009	Senate	Placed on Calendar Order of 3rd Reading March 31, 2009
3/30/2009	Senate	Senate Floor Amendment No. 1 Assignments Refers to Criminal Law
3/31/2009	Senate	Senate Floor Amendment No. 1 Postponed - Criminal Law
4/3/2009	Senate	Rule 2-10 Third Reading Deadline Established As April 30, 2009
5/11/2009	Senate	Senate Floor Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul
5/11/2009	Senate	Senate Floor Amendment No. 2 Referred to Assignments
5/12/2009	Senate	Rule 2-10 Committee Deadline Established As May 31, 2009
5/12/2009	Senate	Rule 2-10 Third Reading Deadline Established As May 31, 2009
5/13/2009	Senate	Senate Floor Amendment No. 2 Assignments Refers to Criminal Law
5/13/2009	Senate	Senate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 005-000-000
5/15/2009	Senate	Recalled to Second Reading
5/15/2009	Senate	Senate Floor Amendment No. 2 Adopted; Raoul
5/15/2009	Senate	Placed on Calendar Order of 3rd Reading
5/15/2009	Senate	Third Reading - Passed; 055-000-000
5/15/2009	Senate	Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
5/15/2009	House	Arrived in House
5/15/2009	House	Placed on Calendar Order of First Reading
5/15/2009	House	Chief House Sponsor Rep. Barbara Flynn Currie
5/18/2009	House	First Reading
5/18/2009	House	Referred to Rules Committee
5/28/2009	House	Final Action Deadline Extended-9(b) May 31, 2009
5/28/2009	House	Assigned to Judiciary II - Criminal Law Committee
5/28/2009	House	Motion Filed to Suspend Rule 25 Judiciary II - Criminal Law Committee; Rep. Lou Lang
5/28/2009	House	Motion to Suspend Rule 25 - Prevailed
5/28/2009	House	House Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
5/28/2009	House	House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
5/28/2009	House	Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 007-000-000
5/28/2009	House	Placed on Calendar 2nd Reading - Short Debate
5/28/2009	House	Second Reading - Short Debate
5/28/2009	House	Held on Calendar Order of Second Reading - Short Debate
5/30/2009	House	House Floor Amendment No. 2 Filed with Clerk by Rep. Barbara Flynn Currie
5/30/2009	House	House Floor Amendment No. 2 Referred to Rules Committee
5/31/2009	House	House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
5/31/2009	House	House Floor Amendment No. 2 Adopted by Voice Vote
5/31/2009	House	Placed on Calendar Order of 3rd Reading - Short Debate
5/31/2009	House	Third Reading - Short Debate - Passed 094-023-000
5/31/2009	Senate	Secretary's Desk - Concurrence House Amendment(s) 1, 2
5/31/2009	Senate	Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2009
5/31/2009	Senate	House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul
5/31/2009	Senate	House Committee Amendment No. 1 Motion to Concur Referred to Assignments
5/31/2009	Senate	House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Kwame Raoul
5/31/2009	Senate	House Floor Amendment No. 2 Motion to Concur Referred to Assignments
5/31/2009	Senate	House Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive
5/31/2009	Senate	House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive
5/31/2009	Senate	House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 013-000-000
5/31/2009	Senate	House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 013-000-000
5/31/2009	Senate	Added as Chief Co-Sponsor Sen. Mattie Hunter
6/1/2009	Senate	House Committee Amendment No. 1 Senate Concurs 059-000-000
6/1/2009	Senate	House Floor Amendment No. 2 Senate Concurs 059-000-000
6/1/2009	Senate	Passed Both Houses
6/30/2009	Senate	Sent to the Governor
8/28/2009	Senate	Governor Amendatory Veto
10/14/2009	Senate	Placed on Calendar Amendatory Veto October 15, 2009
10/14/2009	Senate	Amendatory Veto Motion - Motion Filed Accept Amendatory Veto Sen. Kwame Raoul
10/14/2009	Senate	Amendatory Veto Motion - Motion Referred to Assignments
10/14/2009	Senate	Amendatory Veto Motion - Motion Referred to Criminal Law
10/14/2009	Senate	Amendatory Veto Motion - Accept Motion Recommends Do Adopt Criminal Law; 007-000-000
10/15/2009	Senate	Accept Amendatory Veto - Senate Passed 055-000-000
10/16/2009	House	Arrived in House
10/16/2009	House	Placed on Calendar Amendatory Veto October 16, 2009
10/19/2009	House	Amendatory Veto Motion - Motion Filed Accept Amendatory Veto Rep. Barbara Flynn Currie
10/19/2009	House	Amendatory Veto Motion - Motion Referred to Rules Committee
10/27/2009	House	Amendatory Veto Motion - Rules Refers to Judiciary II - Criminal Law Committee
10/28/2009	House	Amendatory Veto Motion - Accept Motion Recommends Be Adopted Judiciary II - Criminal Law Committee; 007-000-000
10/29/2009	House	Added Alternate Chief Co-Sponsor Rep. Esther Golar
10/29/2009	House	Accept Amendatory Veto - House Passed 089-025-000
10/29/2009	Senate	Both Houses Accepted Amendatory Veto
11/16/2009	Senate	Returned to Governor for Certification
12/23/2009	Senate	Governor Certifies Changes
12/23/2009	Senate	Effective Date December 23, 2009; Generally
12/23/2009	Senate	Effective Date January 1, 2010; Some Parts
12/23/2009	Senate	Public Act . . . . . . . . . 96-0852

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