§ 15-72 — Applicant convictions

(a) When reviewing a conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of an initial applicant, the Department may only deny a license based upon consideration of mitigating factors provided in subsection (c) of this Section for a felony directly related to the practice of funeral directing and embalming. (b) The following crimes or similar offenses in any other jurisdiction are hereby deemed directly related to the practice of funeral directing and embalming: (1) first degree murder; (2) second degree murder; (3) drug induced homicide; (4) unlawful restraint; (5) aggravated unlawful restraint; (6) forcible detention; (7) involuntary servitude; (8) involuntary sexual servitude of a minor; (9) predatory criminal sexual assault of a child; (10) aggravated criminal sexual assault; (11) criminal sexual assault; (12) criminal sexual abuse; (13) aggravated kidnaping; (14) aggravated robbery; (15) armed robbery; (16) kidnapping; (17) aggravated battery; (18) aggravated vehicular hijacking; (19) terrorism; (20) causing a catastrophe; (21) possession of a deadly substance; (22) making a terrorist threat; (23) material support for terrorism; (24) hindering prosecution of terrorism; (25) armed violence; (26) any felony based on consumer fraud or deceptive business practices under the Consumer Fraud and Deceptive Business Practices Act; (27) any felony requiring registration as a sex offender under the Sex Offender Registration Act; (28) attempt of any the offenses set forth in paragraphs (1) through (27) of this subsection (b); and (29) convictions set forth in Section 15-75 of this Code. (c) The Department shall consider any mitigating factors contained in the record, when determining the appropriate disciplinary sanction, if any, to be imposed. In addition to those set forth in Section 2105-130 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, mitigating factors shall include the following: (1) the bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities; (2) the time that has elapsed since the criminal conviction; and (3) the age of the person at the time of the criminal conviction. (d) The Department shall issue an annual report by January 31, 2018 and by January 31 each year thereafter, indicating the following: (1) the number of initial applicants for a license under this Code within the preceding calendar year; (2) the number of initial applicants for a license under this Code within the previous calendar year who had a conviction; (3) the number of applicants with a conviction who were granted a license under this Code within the previous year; (4) the number of applicants denied a license under this Code within the preceding calendar year; and (5) the number of applicants denied a license under this Code solely on the basis of a conviction within the preceding calendar year. (e) Nothing in this Section shall prevent the Department taking disciplinary or non-disciplinary action against a license as set forth in paragraph (2) of subsection (b) of Section 15-175 of this Code.

Legislative History

(Source: P.A. 99-876, eff. 1-1-17 .)