Rep. Curtis J. Tarver, II

Filed: 5/11/2023





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2    AMENDMENT NO. ______. Amend House Bill 351 by replacing
3everything after the enacting clause with the following:
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



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1        (1) The president of a statewide bar association or
2    his or her designee, the executive director of a statewide
3    association advocating for the advancement of civil
4    liberties or his or her designee, an executive director of
5    a legal aid organization or statewide association with a
6    practice group dedicated to or focused on returning
7    citizen expungements and sealing of criminal records, all
8    appointed by the Governor.
9        (2) 4 members of the public, one appointed by each of
10    the following: the Speaker of the House of
11    Representatives; the Minority Leader of the House of
12    Representatives; the President of the Senate; and the
13    Minority Leader of the Senate.
14        (3) 2 individuals who have been formerly incarcerated,
15    appointed by the Governor.
16        (4) The Attorney General or his or her designee.
17        (5) 2 State Representatives appointed by the Speaker
18    of the House of Representatives; one State Representative
19    appointed by the Minority Leader of the House of
20    Representatives; 2 State Senators appointed by the
21    President of the Senate; one State Senator appointed by
22    the Minority Leader of the Senate.
23    The members of the Task Force shall serve without
24compensation. All appointments under this subsection must be
25made within 30 days after the effective date of this
26amendatory Act of the 103rd General Assembly.



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1    (c) The Illinois Sentencing Policy Advisory Council shall
2provide administrative and technical support to the Task Force
3and be responsible for administering its operations and
4ensuring that the requirements of the Task Force are met. The
5Executive Director of the Council shall appoint a
6cochairperson for the Task Force and the President of the
7Senate and the Speaker of the House of Representatives shall
8jointly appoint a cochairperson for the Task Force.
9    (d) The Task Force shall meet at least 4 times with the
10first meeting occurring within 60 days after the effective
11date of this amendatory Act of the 103rd General Assembly. The
12Executive Director of the Illinois Sentencing Policy Advisory
13Council shall designate the day, time, and place for each
14meeting of the Task Force.
15    (e) The Task Force shall review what conduct currently
16precludes an individual from holding public office in this
17State; the policy rationale for precluding an individual from
18holding public office based on certain criminal conduct;
19available research and best practices for restoring returning
20individuals to full citizenship; and the processes of
21restoration of eligibility to hold public office in this
22State. After this review, the Task Force shall make
23recommendations as to what criminal conduct shall preclude an
24individual from holding public office in this State.
25    (f) The Task Force shall produce a report detailing the
26Task Force's findings and recommendations and needed



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1resources. The Task Force shall submit a report of its
2findings and recommendations to the General Assembly and the
3Governor by May 1, 2024.
4    (g) This Section is repealed on January 1, 2025.
5    Section 10. The Unified Code of Corrections is amended by
6changing Section 5-5-5 as follows:
7    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
8    Sec. 5-5-5. Loss and restoration of rights.
9    (a) Conviction and disposition shall not entail the loss
10by the defendant of any civil rights, except under this
11Section and Sections 29-6 and 29-10 of The Election Code, as
12now or hereafter amended.
13    (b) A person convicted of a felony shall be ineligible to
14hold an office created by the Constitution of this State until
15the completion of his sentence.
16    (b-5) Notwithstanding any other provision of law, a person
17convicted of a felony, bribery, perjury, or other infamous
18crime for an offense committed on or after the effective date
19of this amendatory Act of the 103rd General Assembly and
20committed while he or she was serving as a public official in
21this State is ineligible to hold any local public office or any
22office created by the Constitution of this State unless the
23person's conviction is reversed, the person is again restored
24to such rights by the terms of a pardon for the offense, the



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1person has received a restoration of rights by the Governor,
2or the person's rights are otherwise restored by law.
3    (c) A person sentenced to imprisonment shall lose his
4right to vote until released from imprisonment.
5    (d) On completion of sentence of imprisonment or upon
6discharge from probation, conditional discharge or periodic
7imprisonment, or at any time thereafter, all license rights
8and privileges granted under the authority of this State which
9have been revoked or suspended because of conviction of an
10offense shall be restored unless the authority having
11jurisdiction of such license rights finds after investigation
12and hearing that restoration is not in the public interest.
13This paragraph (d) shall not apply to the suspension or
14revocation of a license to operate a motor vehicle under the
15Illinois Vehicle Code.
16    (e) Upon a person's discharge from incarceration or
17parole, or upon a person's discharge from probation or at any
18time thereafter, the committing court may enter an order
19certifying that the sentence has been satisfactorily completed
20when the court believes it would assist in the rehabilitation
21of the person and be consistent with the public welfare. Such
22order may be entered upon the motion of the defendant or the
23State or upon the court's own motion.
24    (f) Upon entry of the order, the court shall issue to the
25person in whose favor the order has been entered a certificate
26stating that his behavior after conviction has warranted the



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1issuance of the order.
2    (g) This Section shall not affect the right of a defendant
3to collaterally attack his conviction or to rely on it in bar
4of subsequent proceedings for the same offense.
5    (h) No application for any license specified in subsection
6(i) of this Section granted under the authority of this State
7shall be denied by reason of an eligible offender who has
8obtained a certificate of relief from disabilities, as defined
9in Article 5.5 of this Chapter, having been previously
10convicted of one or more criminal offenses, or by reason of a
11finding of lack of "good moral character" when the finding is
12based upon the fact that the applicant has previously been
13convicted of one or more criminal offenses, unless:
14        (1) there is a direct relationship between one or more
15    of the previous criminal offenses and the specific license
16    sought; or
17        (2) the issuance of the license would involve an
18    unreasonable risk to property or to the safety or welfare
19    of specific individuals or the general public.
20    In making such a determination, the licensing agency shall
21consider the following factors:
22        (1) the public policy of this State, as expressed in
23    Article 5.5 of this Chapter, to encourage the licensure
24    and employment of persons previously convicted of one or
25    more criminal offenses;
26        (2) the specific duties and responsibilities



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1    necessarily related to the license being sought;
2        (3) the bearing, if any, the criminal offenses or
3    offenses for which the person was previously convicted
4    will have on his or her fitness or ability to perform one
5    or more such duties and responsibilities;
6        (4) the time which has elapsed since the occurrence of
7    the criminal offense or offenses;
8        (5) the age of the person at the time of occurrence of
9    the criminal offense or offenses;
10        (6) the seriousness of the offense or offenses;
11        (7) any information produced by the person or produced
12    on his or her behalf in regard to his or her rehabilitation
13    and good conduct, including a certificate of relief from
14    disabilities issued to the applicant, which certificate
15    shall create a presumption of rehabilitation in regard to
16    the offense or offenses specified in the certificate; and
17        (8) the legitimate interest of the licensing agency in
18    protecting property, and the safety and welfare of
19    specific individuals or the general public.
20    (i) A certificate of relief from disabilities shall be
21issued only for a license or certification issued under the
22following Acts:
23        (1) the Animal Welfare Act; except that a certificate
24    of relief from disabilities may not be granted to provide
25    for the issuance or restoration of a license under the
26    Animal Welfare Act for any person convicted of violating



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1    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
2    Care for Animals Act or Section 26-5 or 48-1 of the
3    Criminal Code of 1961 or the Criminal Code of 2012;
4        (2) the Illinois Athletic Trainers Practice Act;
5        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
6    and Nail Technology Act of 1985;
7        (4) the Boiler and Pressure Vessel Repairer Regulation
8    Act;
9        (5) the Boxing and Full-contact Martial Arts Act;
10        (6) the Illinois Certified Shorthand Reporters Act of
11    1984;
12        (7) the Illinois Farm Labor Contractor Certification
13    Act;
14        (8) the Registered Interior Designers Act;
15        (9) the Illinois Professional Land Surveyor Act of
16    1989;
17        (10) the Landscape Architecture Registration Act;
18        (11) the Marriage and Family Therapy Licensing Act;
19        (12) the Private Employment Agency Act;
20        (13) the Professional Counselor and Clinical
21    Professional Counselor Licensing and Practice Act;
22        (14) the Real Estate License Act of 2000;
23        (15) the Illinois Roofing Industry Licensing Act;
24        (16) the Professional Engineering Practice Act of
25    1989;
26        (17) the Water Well and Pump Installation Contractor's



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1    License Act;
2        (18) the Electrologist Licensing Act;
3        (19) the Auction License Act;
4        (20) the Illinois Architecture Practice Act of 1989;
5        (21) the Dietitian Nutritionist Practice Act;
6        (22) the Environmental Health Practitioner Licensing
7    Act;
8        (23) the Funeral Directors and Embalmers Licensing
9    Code;
10        (24) (blank);
11        (25) the Professional Geologist Licensing Act;
12        (26) the Illinois Public Accounting Act; and
13        (27) the Structural Engineering Practice Act of 1989.
14(Source: P.A. 102-284, eff. 8-6-21.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".