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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3100 Introduced , by Rep. Ann Williams SYNOPSIS AS INTRODUCED: |
| 5 ILCS 280/1 | from Ch. 102, par. 120 | 10 ILCS 5/1-3 | from Ch. 46, par. 1-3 | 10 ILCS 5/29-15 | from Ch. 46, par. 29-15 | 60 ILCS 1/60-1 new | | 60 ILCS 1/170-1 new | | 65 ILCS 5/1-1-2 | from Ch. 24, par. 1-1-2 | 70 ILCS 1205/1-3 | from Ch. 105, par. 1-3 | 105 ILCS 5/1-3 | from Ch. 122, par. 1-3 |
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Amends the Officials Convicted of Infamous Crimes Act, Election Code, Township Code, Illinois Municipal Code, Park District Code, and School Code. In each of the affected Acts, defines the term "infamous crime" to mean any one or more of the following offenses, as the context requires: arson, residential arson, place of worship arson, aggravated arson, bigamy, bribery, burglary, residential burglary, aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, subsequent conviction for criminal sexual abuse, aggravated criminal sexual abuse, indecent solicitation of a child, child pornography, aggravated child pornography, forgery, kidnapping or aggravated kidnaping, first degree murder, perjury, robbery, armed robbery, aggravated robbery, sale of controlled substances, subornation of perjury, terrorism, luring of a minor, trafficking in persons, involuntary servitude, theft that results in a felony conviction, or any similar offense. Also makes conforming changes. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Officials Convicted of Infamous Crimes Act |
5 | | is amended by changing Section 1 as follows:
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6 | | (5 ILCS 280/1) (from Ch. 102, par. 120)
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7 | | Sec. 1. Any person holding office under the Constitution of |
8 | | the State of
Illinois and every elected official of local |
9 | | government or of any school
district who is convicted in any |
10 | | court of the State of Illinois or of the
United States of a |
11 | | felony, bribery, perjury, or other infamous
crime , as |
12 | | understood in Section 1 of Article XIII of the Constitution of
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13 | | 1970, shall be, upon conviction, ineligible to continue in such |
14 | | office.
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15 | | If, subsequently, a final order reverses the conviction, |
16 | | eligibility to hold
the office, to the extent of the original |
17 | | term then remaining, is restored, and
the officer shall be |
18 | | reinstated, for the duration of the term of office
remaining. |
19 | | Each such officer shall be promptly repaid all compensation
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20 | | withheld from him as a result of his removal. No rights of an |
21 | | officer under
any pension plan subject to the jurisdiction of |
22 | | this State, of which the
officer is a member at the time of his |
23 | | ineligibility for office, shall be
abridged if the officer is |
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1 | | returned to office by this Act.
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2 | | After conviction and until a final order of reversal, there |
3 | | shall be no
payment of compensation to any such officer. Upon |
4 | | the conviction and
ineligibility of any person under this Act, |
5 | | a successor shall be chosen
according to law. This successor |
6 | | shall hold office for the remainder of the
term or until a |
7 | | final order reversing the conviction is entered.
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8 | | For the purposes of this Section, "infamous crime" means |
9 | | any one or more of the following offenses, as the context |
10 | | requires: arson, residential arson, place of worship arson, |
11 | | aggravated arson, bigamy, bribery, burglary, residential |
12 | | burglary, aggravated criminal sexual assault, criminal sexual |
13 | | assault, predatory criminal sexual assault of a child, |
14 | | subsequent conviction for criminal sexual abuse, aggravated |
15 | | criminal sexual abuse, indecent solicitation of a child, child |
16 | | pornography, aggravated child pornography, forgery, kidnapping |
17 | | or aggravated kidnaping, first degree murder, perjury, |
18 | | robbery, armed robbery, aggravated robbery, sale of controlled |
19 | | substances, subornation of perjury, terrorism, luring of a |
20 | | minor, trafficking in persons, involuntary servitude, theft |
21 | | that results in a felony conviction, or any similar offense. |
22 | | (Source: P.A. 88-419.)
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23 | | Section 10. The Election Code is amended by changing |
24 | | Sections 1-3 and 29-15 as follows:
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1 | | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
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2 | | Sec. 1-3. As used in this Act, unless the context otherwise |
3 | | requires:
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4 | | 1. "Election" includes the submission of all questions of |
5 | | public
policy, propositions, and all measures submitted to |
6 | | popular vote, and
includes primary elections when so indicated |
7 | | by the context.
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8 | | 2. "Regular election" means the general, general primary,
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9 | | consolidated and consolidated primary elections regularly |
10 | | scheduled in Article
2A. The even numbered year municipal |
11 | | primary established in Article 2A is
a regular election only |
12 | | with respect to those municipalities in which a
primary is |
13 | | required to be held on such date.
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14 | | 3. "Special election" means an election not regularly |
15 | | recurring at fixed
intervals, irrespective of whether it is |
16 | | held at the same time and place and by
the same election |
17 | | officers as a regular election.
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18 | | 4. "General election" means the biennial election at which |
19 | | members of
the General Assembly are elected. "General primary |
20 | | election", "consolidated election" and "consolidated primary |
21 | | election" mean
the respective elections or the election dates |
22 | | designated and established
in Article 2A of this Code.
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23 | | 5. "Municipal election" means an election or primary, |
24 | | either regular
or special, in cities, villages, and |
25 | | incorporated towns; and "municipality"
means any such city, |
26 | | village or incorporated town.
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1 | | 6. "Political or governmental subdivision" means any unit |
2 | | of local
government, or school district in which elections are |
3 | | or may be held.
"Political or governmental subdivision" also |
4 | | includes, for election purposes,
Regional Boards of School |
5 | | Trustees, and Township Boards of School Trustees.
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6 | | 7. The word "township" and the word "town" shall apply
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7 | | interchangeably to the type of governmental organization |
8 | | established in
accordance with the provisions of the Township |
9 | | Code. The term
"incorporated town" shall mean a municipality |
10 | | referred to as an
incorporated town in the Illinois Municipal |
11 | | Code, as now or hereafter
amended.
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12 | | 8. "Election authority" means a county clerk or a Board of |
13 | | Election
Commissioners.
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14 | | 9. "Election Jurisdiction" means (a) an entire county, in |
15 | | the case of
a county in which no city board of election |
16 | | commissioners is located or
which is under the jurisdiction of |
17 | | a county board of election commissioners;
(b) the territorial |
18 | | jurisdiction of a city board of election commissioners;
and (c) |
19 | | the territory in a county outside of the jurisdiction of a city
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20 | | board of election commissioners. In each instance election |
21 | | jurisdiction
shall be determined according to which election |
22 | | authority maintains the
permanent registration records of |
23 | | qualified electors.
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24 | | 10. "Local election official" means the clerk or secretary |
25 | | of a unit
of local government or school district, as the case |
26 | | may be, the treasurer
of a township board of school trustees, |
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1 | | and the regional superintendent
of schools with respect to the |
2 | | various school officer elections and school
referenda for which |
3 | | the regional superintendent is assigned election duties
by The |
4 | | School Code, as now or hereafter amended.
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5 | | 11. "Judges of election", "primary judges" and similar |
6 | | terms, as
applied to cases where there are 2 sets of judges, |
7 | | when used in
connection with duties at an election during the |
8 | | hours the polls are
open, refer to the team of judges of |
9 | | election on duty during such hours;
and, when used with |
10 | | reference to duties after the closing of the polls,
refer to |
11 | | the team of tally judges designated to count the vote after the
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12 | | closing of the polls and the holdover judges designated |
13 | | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, |
14 | | after the closing of the
polls, any act is required to be |
15 | | performed by each of the judges of
election, it shall be |
16 | | performed by each of the tally judges and by each
of the |
17 | | holdover judges.
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18 | | 12. "Petition" of candidacy as used in Sections 7-10 and |
19 | | 7-10.1
shall consist of a statement of candidacy, candidate's |
20 | | statement
containing oath, and sheets containing signatures of |
21 | | qualified primary
electors bound together.
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22 | | 13. "Election district" and "precinct", when used with |
23 | | reference to
a 30-day residence requirement, means the smallest |
24 | | constituent territory
in which electors vote as a unit at the |
25 | | same polling place in any
election governed by this Act.
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26 | | 14. "District" means any area which votes as a unit for the |
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1 | | election of
any officer, other than the State or a unit of |
2 | | local government or school
district, and includes, but is not |
3 | | limited to, legislative, congressional
and judicial districts, |
4 | | judicial circuits, county board districts,
municipal and |
5 | | sanitary district wards, school board districts, and |
6 | | precincts.
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7 | | 15. "Question of public policy" or "public question"
means |
8 | | any question, proposition or measure submitted to the voters at |
9 | | an
election dealing with subject matter other than the |
10 | | nomination or election
of candidates and shall include, but is |
11 | | not limited to, any bond or tax
referendum, and questions |
12 | | relating to the Constitution.
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13 | | 16. "Ordinance providing the form of government of a |
14 | | municipality
or county pursuant to Article VII of the |
15 | | Constitution" includes ordinances,
resolutions and petitions |
16 | | adopted by referendum which provide for the form
of government, |
17 | | the officers or the manner of selection or terms of office
of |
18 | | officers of such municipality or county, pursuant to the |
19 | | provisions of
Sections 4, 6 or 7 of Article VII of the |
20 | | Constitution.
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21 | | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, |
22 | | 6-60, and 6-66
shall include a computer tape or computer disc |
23 | | or other electronic data
processing information containing |
24 | | voter information.
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25 | | 18. "Accessible" means accessible to handicapped and |
26 | | elderly
individuals for the purpose of voting or registration, |
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1 | | as determined by
rule of the State Board of Elections.
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2 | | 19. "Elderly" means 65 years of age or older.
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3 | | 20. "Handicapped" means having a temporary or permanent |
4 | | physical disability.
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5 | | 21. "Leading political party" means one of the two |
6 | | political parties
whose candidates for governor at the most |
7 | | recent three gubernatorial
elections received either the |
8 | | highest or second highest average number of
votes. The |
9 | | political party whose candidates for governor received the
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10 | | highest average number of votes shall be known as the first |
11 | | leading
political party and the political party whose |
12 | | candidates for governor
received the second highest average |
13 | | number of votes shall be known as the
second leading political |
14 | | party.
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15 | | 22. "Business day" means any day in which the office of an |
16 | | election
authority, local election official or the State Board |
17 | | of Elections is open
to the public for a minimum of 7 hours.
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18 | | 23. "Homeless individual" means any person who has a |
19 | | nontraditional
residence, including, but not limited to, a |
20 | | shelter, day shelter, park
bench, street corner, or space under |
21 | | a bridge.
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22 | | 24. "Infamous crime" means any one or more of the following |
23 | | offenses, as the context requires: arson, residential arson, |
24 | | place of worship arson, aggravated arson, bigamy, bribery, |
25 | | burglary, residential burglary, aggravated criminal sexual |
26 | | assault, criminal sexual assault, predatory criminal sexual |
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1 | | assault of a child, subsequent conviction for criminal sexual |
2 | | abuse, aggravated criminal sexual abuse, indecent solicitation |
3 | | of a child, child pornography, aggravated child pornography, |
4 | | forgery, kidnapping or aggravated kidnaping, first degree |
5 | | murder, perjury, robbery, armed robbery, aggravated robbery, |
6 | | sale of controlled substances, subornation of perjury, |
7 | | terrorism, luring of a minor, trafficking in persons, |
8 | | involuntary servitude, theft that results in a felony |
9 | | conviction, or any similar offense. |
10 | | (Source: P.A. 96-1000, eff. 7-2-10.)
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11 | | (10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
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12 | | Sec. 29-15. Conviction deemed infamous. Any person |
13 | | convicted of an infamous crime as such term is defined in
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14 | | Section 124-1 of the Code of Criminal Procedure of 1963, as |
15 | | amended, shall
thereafter be prohibited from holding any office |
16 | | of honor, trust, or
profit, unless such person is again |
17 | | restored to such rights by the terms of
a pardon for the |
18 | | offense or otherwise according to law.
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19 | | (Source: P.A. 83-1097.)
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20 | | Section 15. The Township Code is amended by adding Sections |
21 | | 60-1 and 170-1 as follows: |
22 | | (60 ILCS 1/60-1 new) |
23 | | Sec. 60-1. Definitions. As used in this Article, unless |
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1 | | the context otherwise requires: |
2 | | "Infamous crime" means any one or more of the following |
3 | | offenses, as the context requires: arson, residential arson, |
4 | | place of worship arson, aggravated arson, bigamy, bribery, |
5 | | burglary, residential burglary, aggravated criminal sexual |
6 | | assault, criminal sexual assault, predatory criminal sexual |
7 | | assault of a child, subsequent conviction for criminal sexual |
8 | | abuse, aggravated criminal sexual abuse, indecent solicitation |
9 | | of a child, child pornography, aggravated child pornography, |
10 | | forgery, kidnapping or aggravated kidnaping, first degree |
11 | | murder, perjury, robbery, armed robbery, aggravated robbery, |
12 | | sale of controlled substances, subornation of perjury, |
13 | | terrorism, luring of a minor, trafficking in persons, |
14 | | involuntary servitude, theft that results in a felony |
15 | | conviction, or any similar offense. |
16 | | (60 ILCS 1/170-1 new) |
17 | | Sec. 170-1. Definitions. As used in this Article, unless |
18 | | the context otherwise requires: |
19 | | "Infamous crime" means any one or more of the following |
20 | | offenses, as the context requires: arson, residential arson, |
21 | | place of worship arson, aggravated arson, bigamy, bribery, |
22 | | burglary, residential burglary, aggravated criminal sexual |
23 | | assault, criminal sexual assault, predatory criminal sexual |
24 | | assault of a child, subsequent conviction for criminal sexual |
25 | | abuse, aggravated criminal sexual abuse, indecent solicitation |
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1 | | of a child, child pornography, aggravated child pornography, |
2 | | forgery, kidnapping or aggravated kidnaping, first degree |
3 | | murder, perjury, robbery, armed robbery, aggravated robbery, |
4 | | sale of controlled substances, subornation of perjury, |
5 | | terrorism, luring of a minor, trafficking in persons, |
6 | | involuntary servitude, theft that results in a felony |
7 | | conviction, or any similar offense. |
8 | | Section 20. The Illinois Municipal Code is amended by |
9 | | changing Section 1-1-2 as follows:
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10 | | (65 ILCS 5/1-1-2) (from Ch. 24, par. 1-1-2)
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11 | | Sec. 1-1-2. Definitions. In this Code:
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12 | | (1) "Municipal" or "municipality" means a city, village, or |
13 | | incorporated
town in the State of Illinois, but, unless the |
14 | | context otherwise provides,
"municipal" or "municipality" does |
15 | | not include a township, town when used
as the equivalent of a |
16 | | township, incorporated town that has
superseded
a civil |
17 | | township, county, school district, park district, sanitary |
18 | | district,
or any other similar governmental district. If |
19 | | "municipal" or "municipality"
is given a different definition |
20 | | in any particular Division or Section of
this Act, that |
21 | | definition shall control in that
division or Section only.
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22 | | (2) "Corporate authorities" means (a) the mayor and |
23 | | aldermen or similar body
when the reference is to cities, (b) |
24 | | the president and trustees
or similar body
when the reference |
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1 | | is to villages or incorporated towns, and (c) the council
when |
2 | | the reference is to municipalities under the commission form of |
3 | | municipal
government.
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4 | | (3) "Electors" means persons qualified to vote for elective |
5 | | officers at
municipal elections.
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6 | | (4) "Person" means any individual, partnership, |
7 | | corporation, joint stock
association, or the State of Illinois |
8 | | or any subdivision of the State; and includes
any trustee, |
9 | | receiver, assignee, or personal representative of any of
those |
10 | | entities.
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11 | | (5) Except as otherwise provided by ordinance, "fiscal |
12 | | year" in all municipalities
with fewer than 500,000 |
13 | | inhabitants, and "municipal year" in
all municipalities,
means |
14 | | the period elapsing (a) between general municipal elections in |
15 | | succeeding
calendar years, or (b) if general municipal |
16 | | elections are held biennially,
then between a general municipal |
17 | | election and the same day of the same month
of the following |
18 | | calendar year, and between that day and the next succeeding
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19 | | general municipal election, or (c) if general municipal |
20 | | elections are held
quadrennially, then between a general |
21 | | municipal election and the same day
of the same month of the |
22 | | following calendar year, and between that day and
the same day |
23 | | of the same month of the next following calendar year, and
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24 | | between the last mentioned day and the same day of the same |
25 | | month of the
next following calendar year, and between the last |
26 | | mentioned day and the
next succeeding general municipal |
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1 | | election. The fiscal year of each municipality
with 500,000 or |
2 | | more inhabitants shall commence on January 1.
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3 | | (6) Where reference is made to a county within which a |
4 | | municipality,
district, area, or territory is situated, the |
5 | | reference is to the county
within which is situated the major |
6 | | part of the area of that
municipality, district, area, or |
7 | | territory, in case the municipality,
district, area, or |
8 | | territory is situated in 2 or more counties.
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9 | | (7) Where reference is made for any purpose to any other |
10 | | Act, either specifically
or generally, the reference shall be |
11 | | to that Act and to all amendments to
that Act
now in force or |
12 | | that may be hereafter enacted.
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13 | | (8) Wherever the words "city council", "aldermen", |
14 | | "commissioners", or
"mayor" occur, the provisions containing |
15 | | these words shall apply to the
board of trustees, trustees, and |
16 | | president, respectively, of villages and
incorporated towns |
17 | | and councilmen in cities, so far as those provisions
are |
18 | | applicable to them.
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19 | | (9) The terms "special charter" and "special Act" are |
20 | | synonymous.
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21 | | (10) "General municipal election" means the biennial |
22 | | regularly scheduled
election for the election of officers of |
23 | | cities, villages, and incorporated
towns, as prescribed by the |
24 | | general election law; in the case of municipalities
that elect |
25 | | officers annually, "general municipal election"
means each |
26 | | regularly
scheduled election for the election of officers of |
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1 | | cities, villages, and
incorporated
towns.
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2 | | (11) "Infamous crime" means any one or more of the |
3 | | following offenses, as the context requires: arson, |
4 | | residential arson, place of worship arson, aggravated arson, |
5 | | bigamy, bribery, burglary, residential burglary, aggravated |
6 | | criminal sexual assault, criminal sexual assault, predatory |
7 | | criminal sexual assault of a child, subsequent conviction for |
8 | | criminal sexual abuse, aggravated criminal sexual abuse, |
9 | | indecent solicitation of a child, child pornography, |
10 | | aggravated child pornography, forgery, kidnapping or |
11 | | aggravated kidnaping, first degree murder, perjury, robbery, |
12 | | armed robbery, aggravated robbery, sale of controlled |
13 | | substances, subornation of perjury, terrorism, luring of a |
14 | | minor, trafficking in persons, involuntary servitude, theft |
15 | | that results in a felony conviction, or any similar offense. |
16 | | (Source: P.A. 87-1119.)
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17 | | Section 25. The Park District Code is amended by changing |
18 | | Section 1-3 as follows:
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19 | | (70 ILCS 1205/1-3) (from Ch. 105, par. 1-3)
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20 | | Sec. 1-3.
(a) The term "park district" or "district" where |
21 | | used herein
shall refer to any district having a population of |
22 | | less than 500,000
inhabitants organized under the provisions of |
23 | | this code, or any district
organized under "An Act to provide |
24 | | for the creation of pleasure driveway
and park districts" |
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1 | | approved June 19, 1893, as amended, or "An Act to
provide for |
2 | | the organization of park districts and the transfer of
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3 | | submerged lands to those bordering on navigable bodies of |
4 | | water", approved
June 24, 1895, as amended, or "An Act to |
5 | | establish and maintain parks and
parkways in towns and |
6 | | townships", approved May 29, 1911, as amended, or
any one of |
7 | | them as indicated by the context of the section wherein said
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8 | | phrase appears.
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9 | | (b) The term "Pleasure Driveway and Park District" means |
10 | | any park
district organized under "An Act to provide for the |
11 | | creation of pleasure
driveway and park districts", approved |
12 | | June 19, 1893, as amended, or any
park district heretofore |
13 | | organized under the provisions of this code as a
Pleasure |
14 | | Driveway and Park District.
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15 | | (c) The term "Submerged Land Park District" means any park |
16 | | district
organized under "An Act to provide for the |
17 | | organization of park districts
and the transfer of submerged |
18 | | lands to those bordering on navigable bodies
of water", |
19 | | approved June 24, 1895, as amended, or any park district
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20 | | heretofore organized under the provisions of this code as a |
21 | | Submerged Land
Park District.
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22 | | (d) The term "Township Park District" means any park |
23 | | district organized
under "An Act to establish and maintain |
24 | | parks and parkways in towns and
townships", approved May 29, |
25 | | 1911, as amended, or any park district
heretofore organized |
26 | | under the provisions of this code as a Township Park
District.
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1 | | (e) The term "General Park District" means any park |
2 | | district hereafter
formed under this code or any Submerged Land |
3 | | Park District as that term is
defined in Section 1-3 (c) |
4 | | hereof.
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5 | | (f) The term "infamous crime" means any one or more of the |
6 | | following offenses, as the context requires: arson, |
7 | | residential arson, place of worship arson, aggravated arson, |
8 | | bigamy, bribery, burglary, residential burglary, aggravated |
9 | | criminal sexual assault, criminal sexual assault, predatory |
10 | | criminal sexual assault of a child, subsequent conviction for |
11 | | criminal sexual abuse, aggravated criminal sexual abuse, |
12 | | indecent solicitation of a child, child pornography, |
13 | | aggravated child pornography, forgery, kidnapping or |
14 | | aggravated kidnaping, first degree murder, perjury, robbery, |
15 | | armed robbery, aggravated robbery, sale of controlled |
16 | | substances, subornation of perjury, terrorism, luring of a |
17 | | minor, trafficking in persons, involuntary servitude, theft |
18 | | that results in a felony conviction, or any similar offense. |
19 | | (Source: Laws 1951, p. 113 .)
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20 | | Section 30. The School Code is amended by changing Section |
21 | | 1-3 as follows:
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22 | | (105 ILCS 5/1-3) (from Ch. 122, par. 1-3)
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23 | | Sec. 1-3. Definitions.
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24 | | The terms "common schools", "free schools" and "public |
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1 | | schools" are used
interchangeably to apply to any school |
2 | | operated by authority of this Act.
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3 | | "Infamous crime" means any one or more of the following |
4 | | offenses, as the context requires: arson, residential arson, |
5 | | place of worship arson, aggravated arson, bigamy, bribery, |
6 | | burglary, residential burglary, aggravated criminal sexual |
7 | | assault, criminal sexual assault, predatory criminal sexual |
8 | | assault of a child, subsequent conviction for criminal sexual |
9 | | abuse, aggravated criminal sexual abuse, indecent solicitation |
10 | | of a child, child pornography, aggravated child pornography, |
11 | | forgery, kidnapping or aggravated kidnaping, first degree |
12 | | murder, perjury, robbery, armed robbery, aggravated robbery, |
13 | | sale of controlled substances, subornation of perjury, |
14 | | terrorism, luring of a minor, trafficking in persons, |
15 | | involuntary servitude, theft that results in a felony |
16 | | conviction, or any similar offense. |
17 | | "School board" means the governing body of any district |
18 | | created or
operating under authority of this Act, including |
19 | | board of school directors
and board of education. When the |
20 | | context so indicates it also means the
governing body of any |
21 | | non-high school district and of any special charter
district, |
22 | | including board of school inspectors.
|
23 | | "Special charter district" means any city, township or |
24 | | district
organized into a school district, under a special Act |
25 | | or charter of the
General Assembly or in which schools are now |
26 | | managed and operating within
such unit in whole or in part |