Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2347 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2347 Introduced 2/7/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: 20 ILCS 2105/2105-13120 ILCS 2105/2105-135225 ILCS 410/1-7 from Ch. 111, par. 1701-7 Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. In provisions concerning applicants with criminal convictions, requires the Department of Financial and Professional Regulation to consider various factors when considering whether a prior conviction is directly related to the ability of an applicant to safely perform the duties, functions, and responsibilities of the position (instead of whether a prior conviction will impair the ability of the applicant to engage in the practice). Sets forth provisions concerning written findings in an adverse decision, appeal rights, notice requirements, and criminal records not subject to disclosure by an applicant. Removes the requirement that a person who is licensed or registered to engage in any of the professions licensed or registered by the Department be of good moral character. Prohibits the Department from using a vague term in its consideration of a criminal record and decision regarding whether a criminal record is disqualifying for licensure, certification, or registration, including, but not limited to, "good moral character", "moral turpitude", or "character and fitness". Makes other changes. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that no application shall be automatically placed on hold, delayed, denied, or otherwise not processed by the Department because it was submitted by a person who is incarcerated. Provides that when determining the qualifications for a license, the Department shall include practice that is supervised by a licensee while a person is incarcerated. LRB104 11303 AAS 21389 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2347 Introduced 2/7/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: 20 ILCS 2105/2105-13120 ILCS 2105/2105-135225 ILCS 410/1-7 from Ch. 111, par. 1701-7 20 ILCS 2105/2105-131 20 ILCS 2105/2105-135 225 ILCS 410/1-7 from Ch. 111, par. 1701-7 Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. In provisions concerning applicants with criminal convictions, requires the Department of Financial and Professional Regulation to consider various factors when considering whether a prior conviction is directly related to the ability of an applicant to safely perform the duties, functions, and responsibilities of the position (instead of whether a prior conviction will impair the ability of the applicant to engage in the practice). Sets forth provisions concerning written findings in an adverse decision, appeal rights, notice requirements, and criminal records not subject to disclosure by an applicant. Removes the requirement that a person who is licensed or registered to engage in any of the professions licensed or registered by the Department be of good moral character. Prohibits the Department from using a vague term in its consideration of a criminal record and decision regarding whether a criminal record is disqualifying for licensure, certification, or registration, including, but not limited to, "good moral character", "moral turpitude", or "character and fitness". Makes other changes. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that no application shall be automatically placed on hold, delayed, denied, or otherwise not processed by the Department because it was submitted by a person who is incarcerated. Provides that when determining the qualifications for a license, the Department shall include practice that is supervised by a licensee while a person is incarcerated. LRB104 11303 AAS 21389 b LRB104 11303 AAS 21389 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2347 Introduced 2/7/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 2105/2105-13120 ILCS 2105/2105-135225 ILCS 410/1-7 from Ch. 111, par. 1701-7 20 ILCS 2105/2105-131 20 ILCS 2105/2105-135 225 ILCS 410/1-7 from Ch. 111, par. 1701-7
4	4	20 ILCS 2105/2105-131
5	5	20 ILCS 2105/2105-135
6	6	225 ILCS 410/1-7 from Ch. 111, par. 1701-7
7	7	Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. In provisions concerning applicants with criminal convictions, requires the Department of Financial and Professional Regulation to consider various factors when considering whether a prior conviction is directly related to the ability of an applicant to safely perform the duties, functions, and responsibilities of the position (instead of whether a prior conviction will impair the ability of the applicant to engage in the practice). Sets forth provisions concerning written findings in an adverse decision, appeal rights, notice requirements, and criminal records not subject to disclosure by an applicant. Removes the requirement that a person who is licensed or registered to engage in any of the professions licensed or registered by the Department be of good moral character. Prohibits the Department from using a vague term in its consideration of a criminal record and decision regarding whether a criminal record is disqualifying for licensure, certification, or registration, including, but not limited to, "good moral character", "moral turpitude", or "character and fitness". Makes other changes. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that no application shall be automatically placed on hold, delayed, denied, or otherwise not processed by the Department because it was submitted by a person who is incarcerated. Provides that when determining the qualifications for a license, the Department shall include practice that is supervised by a licensee while a person is incarcerated.
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10	10	A BILL FOR
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13	13	1 AN ACT concerning State government.
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 Department of Professional Regulation Law
17	17	5 of the Civil Administrative Code of Illinois is amended by
18	18	6 changing Sections 2105-131 and 2105-135 as follows:
19	19	7 (20 ILCS 2105/2105-131)
20	20	8 Sec. 2105-131. Applicants with criminal convictions;
21	21	9 notice of denial.
22	22	10 (a) For the purposes of this Section: ,
23	23	11 "Directly related" means that the employment position
24	24	12 offers the opportunity for the same offense or a similar
25	25	13 offense to occur and the circumstances leading to the conduct
26	26	14 for which the person was convicted are likely to recur.
27	27	15 "Mitigating "mitigating factors" means any information,
28	28	16 evidence, conduct, or circumstances before, during, or after
29	29	17 the offense or offenses reviewed by the Department that may
30	30	18 reflect on an applicant's request for licensure, registration,
31	31	19 or certification through the Department, such as 3 years
32	32	20 having passed since release from confinement. Mitigating
33	33	21 factors are not a bar to licensure, instead they provide
34	34	22 guidance for the Department when considering licensure,
35	35	23 registration, or certification for an applicant with criminal
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2347 Introduced 2/7/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
40	40	20 ILCS 2105/2105-13120 ILCS 2105/2105-135225 ILCS 410/1-7 from Ch. 111, par. 1701-7 20 ILCS 2105/2105-131 20 ILCS 2105/2105-135 225 ILCS 410/1-7 from Ch. 111, par. 1701-7
41	41	20 ILCS 2105/2105-131
42	42	20 ILCS 2105/2105-135
43	43	225 ILCS 410/1-7 from Ch. 111, par. 1701-7
44	44	Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. In provisions concerning applicants with criminal convictions, requires the Department of Financial and Professional Regulation to consider various factors when considering whether a prior conviction is directly related to the ability of an applicant to safely perform the duties, functions, and responsibilities of the position (instead of whether a prior conviction will impair the ability of the applicant to engage in the practice). Sets forth provisions concerning written findings in an adverse decision, appeal rights, notice requirements, and criminal records not subject to disclosure by an applicant. Removes the requirement that a person who is licensed or registered to engage in any of the professions licensed or registered by the Department be of good moral character. Prohibits the Department from using a vague term in its consideration of a criminal record and decision regarding whether a criminal record is disqualifying for licensure, certification, or registration, including, but not limited to, "good moral character", "moral turpitude", or "character and fitness". Makes other changes. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that no application shall be automatically placed on hold, delayed, denied, or otherwise not processed by the Department because it was submitted by a person who is incarcerated. Provides that when determining the qualifications for a license, the Department shall include practice that is supervised by a licensee while a person is incarcerated.
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47	47	A BILL FOR
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53	53	20 ILCS 2105/2105-131
54	54	20 ILCS 2105/2105-135
55	55	225 ILCS 410/1-7 from Ch. 111, par. 1701-7
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74	74	1 history.
75	75	2 Except as provided in Section 2105-165 of this Act
76	76	3 regarding licensing restrictions based on enumerated offenses
77	77	4 for health care workers as defined in the Health Care Worker
78	78	5 Self-Referral Act and except as provided in any licensing Act
79	79	6 administered by the Department in which convictions of certain
80	80	7 enumerated offenses are a bar to licensure, the Department,
81	81	8 upon a finding that an applicant for a license, certificate,
82	82	9 or registration was previously convicted of a felony or
83	83	10 misdemeanor that may be grounds for refusing to issue a
84	84	11 license or certificate or to grant a registration, shall
85	85	12 consider any mitigating factors and evidence of rehabilitation
86	86	13 contained in the applicant's record, including the
87	87	14 circumstances surrounding the offense or offenses and any of
88	88	15 the following, to determine whether a prior conviction is
89	89	16 directly related to will impair the ability of the applicant
90	90	17 to safely perform the duties, functions, and responsibilities
91	91	18 of the position engage in the practice for which a license,
92	92	19 certificate, or registration is sought:
93	93	20 (1) the lack of direct relation of the offense for
94	94	21 which the applicant was previously convicted to the
95	95	22 duties, functions, and responsibilities of the position
96	96	23 for which a license is sought;
97	97	24 (2) any mitigating factors from the point of arrest or
98	98	25 indictment when determined to be appropriate, unless
99	99	26 otherwise specified and including, but not limited to,
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110	110	1 whether 5 years since a felony conviction or 3 years since
111	111	2 release from confinement for the conviction, whichever is
112	112	3 later, have passed without a subsequent conviction;
113	113	4 (3) if the applicant was previously licensed or
114	114	5 employed in this State or other states or jurisdictions,
115	115	6 the lack of prior misconduct arising from or related to
116	116	7 the licensed position or position of employment;
117	117	8 (4) the age of the person at the time of the criminal
118	118	9 offense;
119	119	10 (4.5) if, due to the applicant's criminal conviction
120	120	11 history, the applicant would be explicitly prohibited by
121	121	12 federal rules or regulations from working in the position
122	122	13 for which a license is sought;
123	123	14 (5) successful completion of sentence and, for
124	124	15 applicants serving a term of parole or probation, a
125	125	16 progress report provided by the applicant's probation or
126	126	17 parole officer that documents the applicant's compliance
127	127	18 with conditions of supervision;
128	128	19 (6) evidence of the applicant's present fitness and
129	129	20 professional character, including the applicant's
130	130	21 employment history;
131	131	22 (7) evidence of rehabilitation or rehabilitative
132	132	23 effort during or after incarceration, or during or after a
133	133	24 term of supervision, including, but not limited to, a
134	134	25 certificate of good conduct under Section 5-5.5-25 of the
135	135	26 Unified Code of Corrections or certificate of relief from
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146	146	1 disabilities under Section 5-5.5-10 of the Unified Code of
147	147	2 Corrections; and
148	148	3 (8) any other mitigating factors that contribute to
149	149	4 the person's potential and current ability to perform the
150	150	5 job duties.
151	151	6 (b) When evaluating whether a prior conviction is directly
152	152	7 related to the ability of an applicant to safely perform the
153	153	8 duties, functions, and responsibilities of the position, the
154	154	9 Department shall consider the following factors:
155	155	10 (1) the length of time since the prior conviction;
156	156	11 (2) the number of prior convictions that appear on the
157	157	12 conviction record;
158	158	13 (3) the nature and severity of the prior conviction
159	159	14 and its relationship to the safety and security of others;
160	160	15 (4) the facts and circumstances surrounding the prior
161	161	16 conviction;
162	162	17 (5) the age of the applicant at the time of the prior
163	163	18 conviction; and
164	164	19 (6) any evidence of rehabilitative efforts.
165	165	20 (c) (b) If the Department refuses to issue a license or
166	166	21 certificate or grant registration to an applicant based upon a
167	167	22 conviction or convictions, in whole or in part, the Department
168	168	23 shall notify the applicant of the denial in writing with the
169	169	24 following included in the notice of denial:
170	170	25 (1) a statement about the decision to refuse to grant
171	171	26 a license, certificate, or registration, including an
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182	182	1 explanation of how the conviction directly relates to and
183	183	2 would prevent the person from effectively engaging in the
184	184	3 position for which a license, registration, or certificate
185	185	4 is sought;
186	186	5 (2) a list of convictions that the Department
187	187	6 determined will impair the applicant's ability to engage
188	188	7 in the position for which a license, registration, or
189	189	8 certificate is sought;
190	190	9 (3) a list of convictions that formed the sole or
191	191	10 partial basis for the refusal to issue a license or
192	192	11 certificate or grant registration; and
193	193	12 (4) a summary of the appeal process or the earliest
194	194	13 the applicant may reapply for a license, certificate, or
195	195	14 registration, whichever is applicable.
196	196	15 (d) (c) The Department shall post on its website a list of
197	197	16 all State licensing restrictions that would prohibit an
198	198	17 applicant from working in a position for which a license is
199	199	18 sought.
200	200	19 (Source: P.A. 101-388, eff. 1-1-20; 102-105, eff. 1-1-22.)
201	201	20 (20 ILCS 2105/2105-135)
202	202	21 Sec. 2105-135. Qualification for licensure or
203	203	22 registration; good moral character; applicant conviction
204	204	23 records.
205	205	24 (a) The practice of professions licensed or registered by
206	206	25 the Department is hereby declared to affect the public health,
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217	217	1 safety, and welfare and to be subject to regulation and
218	218	2 control in the public interest. It is further declared to be a
219	219	3 matter of public interest and concern that persons who are
220	220	4 licensed or registered to engage in any of the professions
221	221	5 licensed or registered by the Department are of good moral
222	222	6 character, which shall be a continuing requirement of
223	223	7 licensure or registration so as to merit and receive the
224	224	8 confidence and trust of the public. Upon a finding by the
225	225	9 Department that a person has committed a violation of the
226	226	10 disciplinary grounds of any licensing Act administered by the
227	227	11 Department with regard to licenses, certificates, or
228	228	12 authorities of persons exercising the respective professions,
229	229	13 trades, or occupations, the Department is authorized to
230	230	14 revoke, suspend, refuse to renew, place on probationary
231	231	15 status, fine, or take any other disciplinary action it deems
232	232	16 warranted against any licensee or registrant as authorized by
233	233	17 law whose conduct violates the continuing requirement of good
234	234	18 moral character.
235	235	19 (b) The Department shall not use a vague term in its
236	236	20 consideration of a criminal record and decision regarding
237	237	21 whether a criminal record is disqualifying for licensure,
238	238	22 certification, or registration, including, but not limited to,
239	239	23 "good moral character", "moral turpitude", or "character and
240	240	24 fitness". No application for licensure or registration shall
241	241	25 be denied by reason of a finding of lack of good moral
242	242	26 character when the finding is based solely upon the fact that
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253	253	1 the applicant has previously been convicted of one or more
254	254	2 criminal offenses. When reviewing a prior conviction of an
255	255	3 initial applicant for the purpose of determining good moral
256	256	4 character, the Department shall consider evidence of
257	257	5 rehabilitation and mitigating factors in the applicant's
258	258	6 record, including those set forth in subsection (a) of Section
259	259	7 2105-131 of this Act.
260	260	8 (c) The Department shall not require applicants to report
261	261	9 the following information and shall not consider the following
262	262	10 criminal history records in connection with an application for
263	263	11 licensure, or registration, or certification:
264	264	12 (1) juvenile adjudications of delinquent minors as
265	265	13 defined in Section 5-105 of the Juvenile Court Act of 1987
266	266	14 subject to the restrictions set forth in Section 5-130 of
267	267	15 that Act;
268	268	16 (2) law enforcement records, court records, and
269	269	17 conviction records of an individual who was 17 years old
270	270	18 at the time of the offense and before January 1, 2014,
271	271	19 unless the nature of the offense required the individual
272	272	20 to be tried as an adult;
273	273	21 (3) records of arrest not followed by a charge or
274	274	22 conviction;
275	275	23 (4) records of arrest where the charges were dismissed
276	276	24 unless the charges were directly related to the practice
277	277	25 of the profession; however, applicants shall not be asked
278	278	26 to report any arrests, and an arrest not followed by a
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289	289	1 conviction shall not be the basis of a denial and may be
290	290	2 used only to assess an applicant's rehabilitation;
291	291	3 (5) records of a nonviolent misdemeanor;
292	292	4 (6) a conviction older than 3 years for which the
293	293	5 applicant was not incarcerated or a conviction for which
294	294	6 the applicant's incarceration ended more than 3 years
295	295	7 before the date of the Department's evaluation of the
296	296	8 applicant's application, except for a felony conviction
297	297	9 related to a criminal sexual act; criminal fraud or
298	298	10 embezzlement; aggravated assault; aggravated robbery;
299	299	11 aggravated abuse, neglect, or endangerment of a child or
300	300	12 vulnerable adult; arson; carjacking; kidnapping; or
301	301	13 manslaughter, homicide, or murder;
302	302	14 (7) (5) convictions overturned by a higher court; or
303	303	15 (8) (6) convictions or arrests that have been sealed
304	304	16 or expunged.
305	305	17 (Source: P.A. 100-286, eff. 1-1-18.)
306	306	18 Section 10. The Barber, Cosmetology, Esthetics, Hair
307	307	19 Braiding, and Nail Technology Act of 1985 is amended by
308	308	20 changing Section 1-7 as follows:
309	309	21 (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
310	310	22 (Section scheduled to be repealed on January 1, 2026)
311	311	23 Sec. 1-7. Licensure required; renewal; restoration.
312	312	24 (a) It is unlawful for any person to practice, or to hold
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323	323	1 himself or herself out to be a cosmetologist, esthetician,
324	324	2 nail technician, hair braider, or barber without a license as
325	325	3 a cosmetologist, esthetician, nail technician, hair braider or
326	326	4 barber issued by the Department pursuant to the provisions of
327	327	5 this Act and of the Civil Administrative Code of Illinois. It
328	328	6 is also unlawful for any person, firm, partnership, limited
329	329	7 liability company, or corporation to own, operate, or conduct
330	330	8 a cosmetology, esthetics, nail technology, hair braiding, or
331	331	9 barber school without a license issued by the Department or to
332	332	10 own or operate a cosmetology, esthetics, nail technology, or
333	333	11 hair braiding salon, barber shop, or other business subject to
334	334	12 the registration requirements of this Act without a
335	335	13 certificate of registration issued by the Department. It is
336	336	14 further unlawful for any person to teach in any cosmetology,
337	337	15 esthetics, nail technology, hair braiding, or barber college
338	338	16 or school approved by the Department or hold himself or
339	339	17 herself out as a cosmetology, esthetics, hair braiding, nail
340	340	18 technology, or barber teacher without a license as a teacher,
341	341	19 issued by the Department or as a cosmetology clinic teacher
342	342	20 without a license as a cosmetology clinic teacher issued by
343	343	21 the Department.
344	344	22 (b) Notwithstanding any other provision of this Act, a
345	345	23 person licensed as a cosmetologist may hold himself or herself
346	346	24 out as an esthetician and may engage in the practice of
347	347	25 esthetics, as defined in this Act, without being licensed as
348	348	26 an esthetician. A person licensed as a cosmetology teacher may
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359	359	1 teach esthetics or hold himself or herself out as an esthetics
360	360	2 teacher without being licensed as an esthetics teacher. A
361	361	3 person licensed as a cosmetologist may hold himself or herself
362	362	4 out as a nail technician and may engage in the practice of nail
363	363	5 technology, as defined in this Act, without being licensed as
364	364	6 a nail technician. A person licensed as a cosmetology teacher
365	365	7 may teach nail technology and hold himself or herself out as a
366	366	8 nail technology teacher without being licensed as a nail
367	367	9 technology teacher. A person licensed as a cosmetologist may
368	368	10 hold himself or herself out as a hair braider and may engage in
369	369	11 the practice of hair braiding, as defined in this Act, without
370	370	12 being licensed as a hair braider. A person licensed as a
371	371	13 cosmetology teacher may teach hair braiding and hold himself
372	372	14 or herself out as a hair braiding teacher without being
373	373	15 licensed as a hair braiding teacher.
374	374	16 (c) A person licensed as a barber teacher may hold himself
375	375	17 or herself out as a barber and may practice barbering without a
376	376	18 license as a barber. A person licensed as a cosmetology
377	377	19 teacher may hold himself or herself out as a cosmetologist,
378	378	20 esthetician, hair braider, and nail technologist and may
379	379	21 practice cosmetology, esthetics, hair braiding, and nail
380	380	22 technology without a license as a cosmetologist, esthetician,
381	381	23 hair braider, or nail technologist. A person licensed as an
382	382	24 esthetics teacher may hold himself or herself out as an
383	383	25 esthetician without being licensed as an esthetician and may
384	384	26 practice esthetics. A person licensed as a nail technician
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395	395	1 teacher may practice nail technology and may hold himself or
396	396	2 herself out as a nail technologist without being licensed as a
397	397	3 nail technologist. A person licensed as a hair braiding
398	398	4 teacher may practice hair braiding and may hold himself or
399	399	5 herself out as a hair braider without being licensed as a hair
400	400	6 braider.
401	401	7 (d) The holder of a license issued under this Act may renew
402	402	8 that license during the month preceding the expiration date of
403	403	9 the license by paying the required fee.
404	404	10 (e) The expiration date, renewal period, and conditions
405	405	11 for renewal and restoration of each license shall be
406	406	12 established by rule.
407	407	13 (f) A license issued under the provisions of this Act as a
408	408	14 barber, barber teacher, cosmetologist, cosmetology teacher,
409	409	15 cosmetology clinic teacher, esthetician, esthetics teacher,
410	410	16 nail technician, nail technician teacher, hair braider, or
411	411	17 hair braiding teacher that has expired while the holder of the
412	412	18 license was engaged (1) in federal service on active duty with
413	413	19 the Army, Navy, Marine Corps, Air Force, Space Force, or Coast
414	414	20 Guard of the United States of America, or any Women's
415	415	21 Auxiliary thereof, or the State Militia called into the
416	416	22 service or training of the United States of America or (2) in
417	417	23 training or education under the supervision of the United
418	418	24 States preliminary to induction into the military service, may
419	419	25 be reinstated or restored without payment of any lapsed
420	420	26 renewal fees, reinstatement fee, or restoration fee if within
421	421
422	422
423	423
424	424
425	425
426	426	SB2347 - 11 - LRB104 11303 AAS 21389 b
427	427
428	428
429	429	SB2347- 12 -LRB104 11303 AAS 21389 b SB2347 - 12 - LRB104 11303 AAS 21389 b
430	430	SB2347 - 12 - LRB104 11303 AAS 21389 b
431	431
432	432
433	433
434	434
435	435
436	436	SB2347 - 12 - LRB104 11303 AAS 21389 b