HB0351 EngrossedLRB103 03878 AWJ 48884 b

1    AN ACT concerning elections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Election Code is amended by adding Section
51-20.1 as follows:
6    (10 ILCS 5/1-20.1 new)
7    Sec. 1-20.1. Task Force to Review Eligibility to Hold
8Public Office.
9    (a) The Task Force to Review Eligibility to Hold Public
10Office is created. The purpose of the Task Force is to review
11what criminal conduct precludes a person from holding public
12office in this State and to make recommendations as to what
13criminal conduct should preclude an individual from holding
14public office.
15    (b) The Task Force shall be comprised of the following
17        (1) The president of a statewide bar association or
18    his or her designee, the executive director of a statewide
19    association advocating for the advancement of civil
20    liberties or his or her designee, an executive director of
21    a legal aid organization or statewide association with a
22    practice group dedicated to or focused on returning
23    citizen expungements and sealing of criminal records, all



HB0351 Engrossed- 2 -LRB103 03878 AWJ 48884 b

1    appointed by the Governor.
2        (2) 4 members of the public, one appointed by each of
3    the following: the Speaker of the House of
4    Representatives; the Minority Leader of the House of
5    Representatives; the President of the Senate; and the
6    Minority Leader of the Senate.
7        (3) 2 individuals who have been formerly incarcerated,
8    appointed by the Governor.
9        (4) The Attorney General or his or her designee.
10        (5) 2 individuals from the State Board of Elections
11    appointed by the Executive Director.
12        (6) 2 State Representatives appointed by the Speaker
13    of the House of Representatives; 2 State Representatives
14    appointed by the Minority Leader of the House of
15    Representatives; 2 State Senators appointed by the
16    President of the Senate; 2 State Senators appointed by the
17    Minority Leader of the Senate.
18    The members of the Task Force shall serve without
19compensation. All appointments under this subsection must be
20made within 30 days after the effective date of this
21amendatory Act of the 103rd General Assembly.
22    (c) The Illinois Sentencing Policy Advisory Council shall
23provide administrative and technical support to the Task Force
24and be responsible for administering its operations and
25ensuring that the requirements of the Task Force are met. The
26Executive Director of the Council shall appoint a



HB0351 Engrossed- 3 -LRB103 03878 AWJ 48884 b

1cochairperson for the Task Force and the President of the
2Senate and the Speaker of the House of Representatives shall
3jointly appoint a cochairperson for the Task Force.
4    (d) The Task Force shall meet at least 4 times with the
5first meeting occurring within 60 days after the effective
6date of this amendatory Act of the 103rd General Assembly. The
7Executive Director of the Illinois Sentencing Policy Advisory
8Council shall designate the day, time, and place for each
9meeting of the Task Force.
10    (e) The Task Force shall review what conduct currently
11precludes an individual from holding public office in this
12State; the policy rationale for precluding an individual from
13holding public office based on certain criminal conduct;
14available research and best practices for restoring returning
15individuals to full citizenship; and the processes of
16restoration of eligibility to hold public office in this
17State. After this review, the Task Force shall make
18recommendations as to what criminal conduct shall preclude an
19individual from holding public office in this State.
20    (f) The Task Force shall produce a report detailing the
21Task Force's findings and recommendations and needed
22resources. The Task Force shall submit a report of its
23findings and recommendations to the General Assembly and the
24Governor by May 1, 2024.
25    (g) This Section is repealed on January 1, 2025.



HB0351 Engrossed- 4 -LRB103 03878 AWJ 48884 b

1    Section 10. The Unified Code of Corrections is amended by
2changing Section 5-5-5 as follows:
3    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
4    Sec. 5-5-5. Loss and restoration of rights.
5    (a) Conviction and disposition shall not entail the loss
6by the defendant of any civil rights, except under this
7Section and Sections 29-6 and 29-10 of The Election Code, as
8now or hereafter amended.
9    (b) A person convicted of a felony shall be ineligible to
10hold an office created by the Constitution of this State until
11the completion of his sentence.
12    (b-5) Notwithstanding any other provision of law, a person
13convicted of a felony, bribery, perjury, or other infamous
14crime for an offense committed on or after the effective date
15of this amendatory Act of the 103rd General Assembly and
16committed while he or she was serving as a public official in
17this State is ineligible to hold any local public office or any
18office created by the Constitution of this State unless the
19person's conviction is reversed, the person is again restored
20to such rights by the terms of a pardon for the offense, the
21person has received a restoration of rights by the Governor,
22or the person's rights are otherwise restored by law.
23    (c) A person sentenced to imprisonment shall lose his
24right to vote until released from imprisonment.
25    (d) On completion of sentence of imprisonment or upon



HB0351 Engrossed- 5 -LRB103 03878 AWJ 48884 b

1discharge from probation, conditional discharge or periodic
2imprisonment, or at any time thereafter, all license rights
3and privileges granted under the authority of this State which
4have been revoked or suspended because of conviction of an
5offense shall be restored unless the authority having
6jurisdiction of such license rights finds after investigation
7and hearing that restoration is not in the public interest.
8This paragraph (d) shall not apply to the suspension or
9revocation of a license to operate a motor vehicle under the
10Illinois Vehicle Code.
11    (e) Upon a person's discharge from incarceration or
12parole, or upon a person's discharge from probation or at any
13time thereafter, the committing court may enter an order
14certifying that the sentence has been satisfactorily completed
15when the court believes it would assist in the rehabilitation
16of the person and be consistent with the public welfare. Such
17order may be entered upon the motion of the defendant or the
18State or upon the court's own motion.
19    (f) Upon entry of the order, the court shall issue to the
20person in whose favor the order has been entered a certificate
21stating that his behavior after conviction has warranted the
22issuance of the order.
23    (g) This Section shall not affect the right of a defendant
24to collaterally attack his conviction or to rely on it in bar
25of subsequent proceedings for the same offense.
26    (h) No application for any license specified in subsection



HB0351 Engrossed- 6 -LRB103 03878 AWJ 48884 b

1(i) of this Section granted under the authority of this State
2shall be denied by reason of an eligible offender who has
3obtained a certificate of relief from disabilities, as defined
4in Article 5.5 of this Chapter, having been previously
5convicted of one or more criminal offenses, or by reason of a
6finding of lack of "good moral character" when the finding is
7based upon the fact that the applicant has previously been
8convicted of one or more criminal offenses, unless:
9        (1) there is a direct relationship between one or more
10    of the previous criminal offenses and the specific license
11    sought; or
12        (2) the issuance of the license would involve an
13    unreasonable risk to property or to the safety or welfare
14    of specific individuals or the general public.
15    In making such a determination, the licensing agency shall
16consider the following factors:
17        (1) the public policy of this State, as expressed in
18    Article 5.5 of this Chapter, to encourage the licensure
19    and employment of persons previously convicted of one or
20    more criminal offenses;
21        (2) the specific duties and responsibilities
22    necessarily related to the license being sought;
23        (3) the bearing, if any, the criminal offenses or
24    offenses for which the person was previously convicted
25    will have on his or her fitness or ability to perform one
26    or more such duties and responsibilities;



HB0351 Engrossed- 7 -LRB103 03878 AWJ 48884 b

1        (4) the time which has elapsed since the occurrence of
2    the criminal offense or offenses;
3        (5) the age of the person at the time of occurrence of
4    the criminal offense or offenses;
5        (6) the seriousness of the offense or offenses;
6        (7) any information produced by the person or produced
7    on his or her behalf in regard to his or her rehabilitation
8    and good conduct, including a certificate of relief from
9    disabilities issued to the applicant, which certificate
10    shall create a presumption of rehabilitation in regard to
11    the offense or offenses specified in the certificate; and
12        (8) the legitimate interest of the licensing agency in
13    protecting property, and the safety and welfare of
14    specific individuals or the general public.
15    (i) A certificate of relief from disabilities shall be
16issued only for a license or certification issued under the
17following Acts:
18        (1) the Animal Welfare Act; except that a certificate
19    of relief from disabilities may not be granted to provide
20    for the issuance or restoration of a license under the
21    Animal Welfare Act for any person convicted of violating
22    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
23    Care for Animals Act or Section 26-5 or 48-1 of the
24    Criminal Code of 1961 or the Criminal Code of 2012;
25        (2) the Illinois Athletic Trainers Practice Act;
26        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,



HB0351 Engrossed- 8 -LRB103 03878 AWJ 48884 b

1    and Nail Technology Act of 1985;
2        (4) the Boiler and Pressure Vessel Repairer Regulation
3    Act;
4        (5) the Boxing and Full-contact Martial Arts Act;
5        (6) the Illinois Certified Shorthand Reporters Act of
6    1984;
7        (7) the Illinois Farm Labor Contractor Certification
8    Act;
9        (8) the Registered Interior Designers Act;
10        (9) the Illinois Professional Land Surveyor Act of
11    1989;
12        (10) the Landscape Architecture Registration Act;
13        (11) the Marriage and Family Therapy Licensing Act;
14        (12) the Private Employment Agency Act;
15        (13) the Professional Counselor and Clinical
16    Professional Counselor Licensing and Practice Act;
17        (14) the Real Estate License Act of 2000;
18        (15) the Illinois Roofing Industry Licensing Act;
19        (16) the Professional Engineering Practice Act of
20    1989;
21        (17) the Water Well and Pump Installation Contractor's
22    License Act;
23        (18) the Electrologist Licensing Act;
24        (19) the Auction License Act;
25        (20) the Illinois Architecture Practice Act of 1989;
26        (21) the Dietitian Nutritionist Practice Act;



HB0351 Engrossed- 9 -LRB103 03878 AWJ 48884 b

1        (22) the Environmental Health Practitioner Licensing
2    Act;
3        (23) the Funeral Directors and Embalmers Licensing
4    Code;
5        (24) (blank);
6        (25) the Professional Geologist Licensing Act;
7        (26) the Illinois Public Accounting Act; and
8        (27) the Structural Engineering Practice Act of 1989.
9(Source: P.A. 102-284, eff. 8-6-21.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.