(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 cosmetology, esthetics, hair braiding, nail technology, and barbering.
     (b) The following crimes or similar offenses in any other jurisdiction are hereby deemed directly related to the practice of cosmetology, esthetics, hair braiding, nail technology, and barbering:

Attorney's Note

Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
First-degree murder20 years to lifeup to $25,000
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-20
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Terms Used In Illinois Compiled Statutes 225 ILCS 410/4-6.1

  • Conviction: A judgement of guilt against a criminal defendant.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Verdict: The decision of a petit jury or a judge.

         (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 4-20 of this
    
Act.
    (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 Act within the preceding calendar year;
        (2) the number of initial applicants for a license
    
under this Act within the previous calendar year who had a conviction;
        (3) the number of applicants with a conviction who
    
were granted a license under this Act within the previous year;
        (4) the number of applicants denied a license under
    
this Act within the preceding calendar year; and
        (5) the number of applicants denied a license under
    
this Act 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 (1) of Section 4-7 of this Act.
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