Illinois 2023-2024 Regular Session

Illinois House Bill HB2818 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2818 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/7-101 from Ch. 68, par. 7-101 775 ILCS 5/7-114 new Amends the Illinois Human Rights Act. Provides that a formerly convicted person may petition the Department of Human Rights for a grant of protected class status. Provides that the Department may grant protected class status to a formerly convicted person who meets the following conditions: the person has complied with each term and condition of the person's parole, mandatory supervised release, probation, or conditional discharge; the person has obtained a high school diploma or received a high school equivalency certificate; the person is employed or actively seeking employment or is enrolled in or has successfully completed a vocational training or college educational program; the person has not been convicted of a felony or misdemeanor within the last 5 years; and the person has completed all sanctions imposed upon the person through due process of law. Provides that the Department shall adopt rules concerning what constitutes an intellectual or developmental disability that prevents the formerly convicted person from meeting some of the conditions and who is qualified to diagnose such a person. Provides that the Department shall adopt rules to carry out the provisions. Provides that protected class status previously granted to a formerly convicted person shall be revoked by the Department after notice and a hearing, if the formerly convicted person is subsequently convicted of a felony or misdemeanor. Provides that the revocation process shall be initiated by a petition that sets forth the date of the subsequent offense, description of the offense, date of conviction for the subsequent offense, and sentence imposed on the conviction. Provides that a copy of the petition and notice of the hearing date shall be served on the formerly convicted person. LRB103 29436 LNS 55827 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2818 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/7-101 from Ch. 68, par. 7-101 775 ILCS 5/7-114 new 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/7-101 from Ch. 68, par. 7-101 775 ILCS 5/7-114 new Amends the Illinois Human Rights Act. Provides that a formerly convicted person may petition the Department of Human Rights for a grant of protected class status. Provides that the Department may grant protected class status to a formerly convicted person who meets the following conditions: the person has complied with each term and condition of the person's parole, mandatory supervised release, probation, or conditional discharge; the person has obtained a high school diploma or received a high school equivalency certificate; the person is employed or actively seeking employment or is enrolled in or has successfully completed a vocational training or college educational program; the person has not been convicted of a felony or misdemeanor within the last 5 years; and the person has completed all sanctions imposed upon the person through due process of law. Provides that the Department shall adopt rules concerning what constitutes an intellectual or developmental disability that prevents the formerly convicted person from meeting some of the conditions and who is qualified to diagnose such a person. Provides that the Department shall adopt rules to carry out the provisions. Provides that protected class status previously granted to a formerly convicted person shall be revoked by the Department after notice and a hearing, if the formerly convicted person is subsequently convicted of a felony or misdemeanor. Provides that the revocation process shall be initiated by a petition that sets forth the date of the subsequent offense, description of the offense, date of conviction for the subsequent offense, and sentence imposed on the conviction. Provides that a copy of the petition and notice of the hearing date shall be served on the formerly convicted person. LRB103 29436 LNS 55827 b LRB103 29436 LNS 55827 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2818 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
3	3	775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/7-101 from Ch. 68, par. 7-101 775 ILCS 5/7-114 new 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/7-101 from Ch. 68, par. 7-101 775 ILCS 5/7-114 new
4	4	775 ILCS 5/1-103 from Ch. 68, par. 1-103
5	5	775 ILCS 5/7-101 from Ch. 68, par. 7-101
6	6	775 ILCS 5/7-114 new
7	7	Amends the Illinois Human Rights Act. Provides that a formerly convicted person may petition the Department of Human Rights for a grant of protected class status. Provides that the Department may grant protected class status to a formerly convicted person who meets the following conditions: the person has complied with each term and condition of the person's parole, mandatory supervised release, probation, or conditional discharge; the person has obtained a high school diploma or received a high school equivalency certificate; the person is employed or actively seeking employment or is enrolled in or has successfully completed a vocational training or college educational program; the person has not been convicted of a felony or misdemeanor within the last 5 years; and the person has completed all sanctions imposed upon the person through due process of law. Provides that the Department shall adopt rules concerning what constitutes an intellectual or developmental disability that prevents the formerly convicted person from meeting some of the conditions and who is qualified to diagnose such a person. Provides that the Department shall adopt rules to carry out the provisions. Provides that protected class status previously granted to a formerly convicted person shall be revoked by the Department after notice and a hearing, if the formerly convicted person is subsequently convicted of a felony or misdemeanor. Provides that the revocation process shall be initiated by a petition that sets forth the date of the subsequent offense, description of the offense, date of conviction for the subsequent offense, and sentence imposed on the conviction. Provides that a copy of the petition and notice of the hearing date shall be served on the formerly convicted person.
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10	10	A BILL FOR
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13	13	1 AN ACT concerning human rights.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Illinois Human Rights Act is amended by
17	17	5 changing Sections 1-103 and 7-101 and by adding Section 7-114
18	18	6 as follows:
19	19	7 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
20	20	8 Sec. 1-103. General definitions. When used in this Act,
21	21	9 unless the context requires otherwise, the term:
22	22	10 (A) Age. "Age" means the chronological age of a person who
23	23	11 is at least 40 years old, except with regard to any practice
24	24	12 described in Section 2-102, insofar as that practice concerns
25	25	13 training or apprenticeship programs. In the case of training
26	26	14 or apprenticeship programs, for the purposes of Section 2-102,
27	27	15 "age" means the chronological age of a person who is 18 but not
28	28	16 yet 40 years old.
29	29	17 (B) Aggrieved party. "Aggrieved party" means a person who
30	30	18 is alleged or proved to have been injured by a civil rights
31	31	19 violation or believes he or she will be injured by a civil
32	32	20 rights violation under Article 3 that is about to occur.
33	33	21 (B-5) Arrest record. "Arrest record" means:
34	34	22 (1) an arrest not leading to a conviction;
35	35	23 (2) a juvenile record; or
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2818 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
40	40	775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/7-101 from Ch. 68, par. 7-101 775 ILCS 5/7-114 new 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/7-101 from Ch. 68, par. 7-101 775 ILCS 5/7-114 new
41	41	775 ILCS 5/1-103 from Ch. 68, par. 1-103
42	42	775 ILCS 5/7-101 from Ch. 68, par. 7-101
43	43	775 ILCS 5/7-114 new
44	44	Amends the Illinois Human Rights Act. Provides that a formerly convicted person may petition the Department of Human Rights for a grant of protected class status. Provides that the Department may grant protected class status to a formerly convicted person who meets the following conditions: the person has complied with each term and condition of the person's parole, mandatory supervised release, probation, or conditional discharge; the person has obtained a high school diploma or received a high school equivalency certificate; the person is employed or actively seeking employment or is enrolled in or has successfully completed a vocational training or college educational program; the person has not been convicted of a felony or misdemeanor within the last 5 years; and the person has completed all sanctions imposed upon the person through due process of law. Provides that the Department shall adopt rules concerning what constitutes an intellectual or developmental disability that prevents the formerly convicted person from meeting some of the conditions and who is qualified to diagnose such a person. Provides that the Department shall adopt rules to carry out the provisions. Provides that protected class status previously granted to a formerly convicted person shall be revoked by the Department after notice and a hearing, if the formerly convicted person is subsequently convicted of a felony or misdemeanor. Provides that the revocation process shall be initiated by a petition that sets forth the date of the subsequent offense, description of the offense, date of conviction for the subsequent offense, and sentence imposed on the conviction. Provides that a copy of the petition and notice of the hearing date shall be served on the formerly convicted person.
45	45	LRB103 29436 LNS 55827 b LRB103 29436 LNS 55827 b
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47	47	A BILL FOR
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53	53	775 ILCS 5/1-103 from Ch. 68, par. 1-103
54	54	775 ILCS 5/7-101 from Ch. 68, par. 7-101
55	55	775 ILCS 5/7-114 new
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74	74	1 (3) criminal history record information ordered
75	75	2 expunged, sealed, or impounded under Section 5.2 of the
76	76	3 Criminal Identification Act.
77	77	4 (C) Charge. "Charge" means an allegation filed with the
78	78	5 Department by an aggrieved party or initiated by the
79	79	6 Department under its authority.
80	80	7 (D) Civil rights violation. "Civil rights violation"
81	81	8 includes and shall be limited to only those specific acts set
82	82	9 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
83	83	10 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
84	84	11 5A-102, 6-101, 6-101.5, and 6-102 of this Act.
85	85	12 (E) Commission. "Commission" means the Human Rights
86	86	13 Commission created by this Act.
87	87	14 (F) Complaint. "Complaint" means the formal pleading filed
88	88	15 by the Department with the Commission following an
89	89	16 investigation and finding of substantial evidence of a civil
90	90	17 rights violation.
91	91	18 (G) Complainant. "Complainant" means a person including
92	92	19 the Department who files a charge of civil rights violation
93	93	20 with the Department or the Commission.
94	94	21 (G-5) Conviction record. "Conviction record" means
95	95	22 information indicating that a person has been convicted of a
96	96	23 felony, misdemeanor or other criminal offense, placed on
97	97	24 probation, fined, imprisoned, or paroled pursuant to any law
98	98	25 enforcement or military authority.
99	99	26 (H) Department. "Department" means the Department of Human
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110	110	1 Rights created by this Act.
111	111	2 (I) Disability.
112	112	3 (1) "Disability" means a determinable physical or mental
113	113	4 characteristic of a person, including, but not limited to, a
114	114	5 determinable physical characteristic which necessitates the
115	115	6 person's use of a guide, hearing or support dog, the history of
116	116	7 such characteristic, or the perception of such characteristic
117	117	8 by the person complained against, which may result from
118	118	9 disease, injury, congenital condition of birth or functional
119	119	10 disorder and which characteristic:
120	120	11 (a) For purposes of Article 2, is unrelated to the
121	121	12 person's ability to perform the duties of a particular job
122	122	13 or position and, pursuant to Section 2-104 of this Act, a
123	123	14 person's illegal use of drugs or alcohol is not a
124	124	15 disability;
125	125	16 (b) For purposes of Article 3, is unrelated to the
126	126	17 person's ability to acquire, rent, or maintain a housing
127	127	18 accommodation;
128	128	19 (c) For purposes of Article 4, is unrelated to a
129	129	20 person's ability to repay;
130	130	21 (d) For purposes of Article 5, is unrelated to a
131	131	22 person's ability to utilize and benefit from a place of
132	132	23 public accommodation;
133	133	24 (e) For purposes of Article 5, also includes any
134	134	25 mental, psychological, or developmental disability,
135	135	26 including autism spectrum disorders.
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146	146	1 (2) Discrimination based on disability includes unlawful
147	147	2 discrimination against an individual because of the
148	148	3 individual's association with a person with a disability.
149	149	4 (I-5) Formerly convicted person. "Formerly convicted
150	150	5 person" means a person:
151	151	6 (1) who has been convicted of a felony or misdemeanor
152	152	7 under the laws of this State, an ordinance of a unit of
153	153	8 local government of this State, another state, territory,
154	154	9 or possession of the United States, federal law, or the
155	155	10 laws of another country that guarantees due process rights
156	156	11 similar to those of the United States; and
157	157	12 (2) who has completed the person's parole, mandatory
158	158	13 supervised release term, term of probation, or conditional
159	159	14 discharge.
160	160	15 (J) Marital status. "Marital status" means the legal
161	161	16 status of being married, single, separated, divorced, or
162	162	17 widowed.
163	163	18 (J-1) Military status. "Military status" means a person's
164	164	19 status on active duty in or status as a veteran of the armed
165	165	20 forces of the United States, status as a current member or
166	166	21 veteran of any reserve component of the armed forces of the
167	167	22 United States, including the United States Army Reserve,
168	168	23 United States Marine Corps Reserve, United States Navy
169	169	24 Reserve, United States Air Force Reserve, and United States
170	170	25 Coast Guard Reserve, or status as a current member or veteran
171	171	26 of the Illinois Army National Guard or Illinois Air National
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182	182	1 Guard.
183	183	2 (K) National origin. "National origin" means the place in
184	184	3 which a person or one of his or her ancestors was born.
185	185	4 (K-5) "Order of protection status" means a person's status
186	186	5 as being a person protected under an order of protection
187	187	6 issued pursuant to the Illinois Domestic Violence Act of 1986,
188	188	7 Article 112A of the Code of Criminal Procedure of 1963, the
189	189	8 Stalking No Contact Order Act, or the Civil No Contact Order
190	190	9 Act, or an order of protection issued by a court of another
191	191	10 state.
192	192	11 (L) Person. "Person" includes one or more individuals,
193	193	12 partnerships, associations or organizations, labor
194	194	13 organizations, labor unions, joint apprenticeship committees,
195	195	14 or union labor associations, corporations, the State of
196	196	15 Illinois and its instrumentalities, political subdivisions,
197	197	16 units of local government, legal representatives, trustees in
198	198	17 bankruptcy or receivers.
199	199	18 (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
200	200	19 or medical or common conditions related to pregnancy or
201	201	20 childbirth.
202	202	21 (M) Public contract. "Public contract" includes every
203	203	22 contract to which the State, any of its political
204	204	23 subdivisions, or any municipal corporation is a party.
205	205	24 (M-5) Race. "Race" includes traits associated with race,
206	206	25 including, but not limited to, hair texture and protective
207	207	26 hairstyles such as braids, locks, and twists.
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218	218	1 (N) Religion. "Religion" includes all aspects of religious
219	219	2 observance and practice, as well as belief, except that with
220	220	3 respect to employers, for the purposes of Article 2,
221	221	4 "religion" has the meaning ascribed to it in paragraph (F) of
222	222	5 Section 2-101.
223	223	6 (O) Sex. "Sex" means the status of being male or female.
224	224	7 (O-1) Sexual orientation. "Sexual orientation" means
225	225	8 actual or perceived heterosexuality, homosexuality,
226	226	9 bisexuality, or gender-related identity, whether or not
227	227	10 traditionally associated with the person's designated sex at
228	228	11 birth. "Sexual orientation" does not include a physical or
229	229	12 sexual attraction to a minor by an adult.
230	230	13 (O-5) Source of income. "Source of income" means the
231	231	14 lawful manner by which an individual supports himself or
232	232	15 herself and his or her dependents.
233	233	16 (P) Unfavorable military discharge. "Unfavorable military
234	234	17 discharge" includes discharges from the Armed Forces of the
235	235	18 United States, their Reserve components, or any National Guard
236	236	19 or Naval Militia which are classified as RE-3 or the
237	237	20 equivalent thereof, but does not include those characterized
238	238	21 as RE-4 or "Dishonorable".
239	239	22 (Q) Unlawful discrimination. "Unlawful discrimination"
240	240	23 means discrimination against a person because of his or her:
241	241	24 (1) actual or perceived: race, color, religion,
242	242	25 national origin, ancestry, age, sex, marital status, order
243	243	26 of protection status, disability, military status, sexual
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254	254	1 orientation, pregnancy, or unfavorable discharge from
255	255	2 military service as those terms are defined in this
256	256	3 Section; or
257	257	4 (2) status as a formerly convicted person if the
258	258	5 person has been granted protective class status by the
259	259	6 Department as provided in Section 7-114.
260	260	7 (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
261	261	8 101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff.
262	262	9 1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813,
263	263	10 eff. 5-13-22; 102-896, eff. 1-1-23; 102-1102, eff. 1-1-23;
264	264	11 revised 12-14-22.)
265	265	12 (775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
266	266	13 Sec. 7-101. Powers and Duties. In addition to other powers
267	267	14 and duties prescribed in this Act, the Department shall have
268	268	15 the following powers:
269	269	16 (A) Rules and Regulations. To adopt, promulgate, amend,
270	270	17 and rescind rules and regulations not inconsistent with the
271	271	18 provisions of this Act pursuant to the Illinois Administrative
272	272	19 Procedure Act.
273	273	20 (B) Charges. To issue, receive, investigate, conciliate,
274	274	21 settle, and dismiss charges filed in conformity with this Act.
275	275	22 (C) Compulsory Process. To request subpoenas as it deems
276	276	23 necessary for its investigations.
277	277	24 (D) Complaints. To file complaints with the Commission in
278	278	25 conformity with this Act.
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289	289	1 (E) Judicial Enforcement. To seek temporary relief and to
290	290	2 enforce orders of the Commission in conformity with this Act.
291	291	3 (F) Equal Employment Opportunities. To take such action as
292	292	4 may be authorized to provide for equal employment
293	293	5 opportunities and affirmative action.
294	294	6 (G) Recruitment; Research; Public Communication; Advisory
295	295	7 Councils. To engage in such recruitment, research and public
296	296	8 communication and create such advisory councils as may be
297	297	9 authorized to effectuate the purposes of this Act.
298	298	10 (H) Coordination with other Agencies. To coordinate its
299	299	11 activities with federal, state, and local agencies in
300	300	12 conformity with this Act.
301	301	13 (I) Grants; Private Gifts.
302	302	14 (1) To accept public grants and private gifts as may
303	303	15 be authorized.
304	304	16 (2) To design grant programs and award grants to
305	305	17 eligible recipients.
306	306	18 (J) Education and Training. To implement a formal and
307	307	19 unbiased program of education and training for all employees
308	308	20 assigned to investigate and conciliate charges under Articles
309	309	21 7A and 7B. The training program shall include the following:
310	310	22 (1) substantive and procedural aspects of the
311	311	23 investigation and conciliation positions;
312	312	24 (2) current issues in human rights law and practice;
313	313	25 (3) lectures by specialists in substantive areas
314	314	26 related to human rights matters;
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325	325	1 (4) orientation to each operational unit of the
326	326	2 Department and Commission;
327	327	3 (5) observation of experienced Department
328	328	4 investigators and attorneys conducting conciliation
329	329	5 conferences, combined with the opportunity to discuss
330	330	6 evidence presented and rulings made;
331	331	7 (6) the use of hypothetical cases requiring the
332	332	8 Department investigator and conciliation conference
333	333	9 attorney to issue judgments as a means to evaluating
334	334	10 knowledge and writing ability;
335	335	11 (7) writing skills;
336	336	12 (8) computer skills, including but not limited to word
337	337	13 processing and document management.
338	338	14 A formal, unbiased and ongoing professional development
339	339	15 program including, but not limited to, the above-noted areas
340	340	16 shall be implemented to keep Department investigators and
341	341	17 attorneys informed of recent developments and issues and to
342	342	18 assist them in maintaining and enhancing their professional
343	343	19 competence.
344	344	20 (K) Protected Class Status. To grant protective class
345	345	21 status to formerly convicted persons as provided in Section
346	346	22 7-114.
347	347	23 (Source: P.A. 102-1115, eff. 1-9-23.)
348	348	24 (775 ILCS 5/7-114 new)
349	349	25 Sec. 7-114. Protected class status for formerly convicted
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360	360	1 persons.
361	361	2 (A) A formerly convicted person may petition the
362	362	3 Department for a grant of protected class status as provided
363	363	4 in this Section. The Department may grant protected class
364	364	5 status to a formerly convicted person who meets the following
365	365	6 conditions:
366	366	7 (1) the person has complied with each term and
367	367	8 condition of the person's parole, mandatory supervised
368	368	9 release, probation, or conditional discharge;
369	369	10 (2) if the person has not obtained a high school
370	370	11 diploma or received a high school equivalency certificate
371	371	12 and has not been diagnosed as a person having an
372	372	13 intellectual or developmental disability that prevents the
373	373	14 person from successfully passing the high school
374	374	15 equivalency test, the person must have passed the high
375	375	16 school equivalency test and been issued a high school
376	376	17 equivalency certificate under Section 3-15.12 of the
377	377	18 School Code;
378	378	19 (3) the person must:
379	379	20 (a) be employed or actively seeking employment
380	380	21 unless the person has been diagnosed as a person
381	381	22 having an intellectual or developmental disability
382	382	23 that prevents the person from being employed; or
383	383	24 (b) be enrolled in or have successfully completed
384	384	25 a vocational training or college educational program
385	385	26 unless the person has been diagnosed as a person
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396	396	1 having an intellectual or developmental disability
397	397	2 that prevents the person from successfully completing
398	398	3 a vocational or college educational program;
399	399	4 (4) the person must, for a minimum of 5 years after
400	400	5 completion of the person's parole, mandatory supervised
401	401	6 release, probation, or conditional discharge, not have
402	402	7 been convicted of a felony or misdemeanor under the laws
403	403	8 of this State or a municipal or county ordinance of a
404	404	9 county or municipality of this State, another state,
405	405	10 territory, or possession of the United States, federal
406	406	11 law, or the laws of another country that guarantees due
407	407	12 process rights similar to those of the United States; and
408	408	13 (5) must have completed all sanctions imposed upon the
409	409	14 person through due process of law for the person's
410	410	15 conviction.
411	411	16 (B) The Department shall determine by rule:
412	412	17 (1) what constitutes having an intellectual or
413	413	18 developmental disability that prevents the formerly
414	414	19 convicted person from meeting the requirements of
415	415	20 paragraphs (2) and (3) of subsection (A); and
416	416	21 (2) who is qualified to diagnose such a person.
417	417	22 (C) The Department shall adopt rules, subject to the
418	418	23 Illinois Administrative Procedure Act, to carry out the
419	419	24 provisions of this Section.
420	420	25 (D) Protected class status previously granted to a
421	421	26 formerly convicted person under this Section shall be revoked
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432	432	1 by the Department after notice and a hearing, if the formerly
433	433	2 convicted person is subsequently convicted of a felony or
434	434	3 misdemeanor, other than a minor traffic offense, under the
435	435	4 laws of this State, another state, territory, or possession of
436	436	5 the United States, federal law, or the laws of another country
437	437	6 that guarantees due process rights similar to those of the
438	438	7 United States. The revocation process shall be initiated by a
439	439	8 petition filed by a State's Attorney, the Attorney General,
440	440	9 other prosecutor, or the Department, that sets forth the date
441	441	10 of the subsequent offense, description of the offense, date of
442	442	11 conviction for the subsequent offense, and sentence imposed
443	443	12 for the conviction. A copy of the petition and notice of the
444	444	13 hearing date on the petition shall be served on the formerly
445	445	14 convicted person.
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