HB3100eng 98TH GENERAL ASSEMBLY

HB3100 Engrossed LRB098 10820 JDS 41295 b

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Officials Convicted of Infamous Crimes Act is amended by changing Section 1 as follows:

(5 ILCS 280/1) (from Ch. 102, par. 120)

Sec. 1. Any person holding office under the Constitution of the State of Illinois and every elected official of local government or of any school district who is convicted in any court of the State of Illinois or of the United States of a felony, bribery, perjury, or other infamous crime, as understood in Section 1 of Article XIII of the Constitution of 1970, shall be, upon conviction, ineligible to continue in such office.

If, subsequently, a final order reverses the conviction, eligibility to hold the office, to the extent of the original term then remaining, is restored, and the officer shall be reinstated, for the duration of the term of office remaining. Each such officer shall be promptly repaid all compensation withheld from him as a result of his removal. No rights of an officer under any pension plan subject to the jurisdiction of this State, of which the officer is a member at the time of his ineligibility for office, shall be abridged if the officer is returned to office by this Act.

After conviction and until a final order of reversal, there shall be no payment of compensation to any such officer. Upon the conviction and ineligibility of any person under this Act, a successor shall be chosen according to law. This successor shall hold office for the remainder of the term or until a final order reversing the conviction is entered.

For the purposes of this Section, "infamous crime" means 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.

(Source: P.A. 88-419.)

Section 10. The Election Code is amended by changing Sections 1-3 and 29-15 as follows:

(10 ILCS 5/1-3) (from Ch. 46, par. 1-3)

Sec. 1-3. As used in this Act, unless the context otherwise requires:

1. "Election" includes the submission of all questions of public policy, propositions, and all measures submitted to popular vote, and includes primary elections when so indicated by the context.

2. "Regular election" means the general, general primary, consolidated and consolidated primary elections regularly scheduled in Article 2A. The even numbered year municipal primary established in Article 2A is a regular election only with respect to those municipalities in which a primary is required to be held on such date.

3. "Special election" means an election not regularly recurring at fixed intervals, irrespective of whether it is held at the same time and place and by the same election officers as a regular election.

4. "General election" means the biennial election at which members of the General Assembly are elected. "General primary election", "consolidated election" and "consolidated primary election" mean the respective elections or the election dates designated and established in Article 2A of this Code.

5. "Municipal election" means an election or primary, either regular or special, in cities, villages, and incorporated towns; and "municipality" means any such city, village or incorporated town.

6. "Political or governmental subdivision" means any unit of local government, or school district in which elections are or may be held. "Political or governmental subdivision" also includes, for election purposes, Regional Boards of School Trustees, and Township Boards of School Trustees.

7. The word "township" and the word "town" shall apply interchangeably to the type of governmental organization established in accordance with the provisions of the Township Code. The term "incorporated town" shall mean a municipality referred to as an incorporated town in the Illinois Municipal Code, as now or hereafter amended.

8. "Election authority" means a county clerk or a Board of Election Commissioners.

9. "Election Jurisdiction" means (a) an entire county, in the case of a county in which no city board of election commissioners is located or which is under the jurisdiction of a county board of election commissioners; (b) the territorial jurisdiction of a city board of election commissioners; and (c) the territory in a county outside of the jurisdiction of a city board of election commissioners. In each instance election jurisdiction shall be determined according to which election authority maintains the permanent registration records of qualified electors.

10. "Local election official" means the clerk or secretary of a unit of local government or school district, as the case may be, the treasurer of a township board of school trustees, and the regional superintendent of schools with respect to the various school officer elections and school referenda for which the regional superintendent is assigned election duties by The School Code, as now or hereafter amended.

11. "Judges of election", "primary judges" and similar terms, as applied to cases where there are 2 sets of judges, when used in connection with duties at an election during the hours the polls are open, refer to the team of judges of election on duty during such hours; and, when used with reference to duties after the closing of the polls, refer to the team of tally judges designated to count the vote after the closing of the polls and the holdover judges designated pursuant to Section 13-6.2 or 14-5.2. In such case, where, after the closing of the polls, any act is required to be performed by each of the judges of election, it shall be performed by each of the tally judges and by each of the holdover judges.

12. "Petition" of candidacy as used in Sections 7-10 and 7-10.1 shall consist of a statement of candidacy, candidate's statement containing oath, and sheets containing signatures of qualified primary electors bound together.

13. "Election district" and "precinct", when used with reference to a 30-day residence requirement, means the smallest constituent territory in which electors vote as a unit at the same polling place in any election governed by this Act.

14. "District" means any area which votes as a unit for the election of any officer, other than the State or a unit of local government or school district, and includes, but is not limited to, legislative, congressional and judicial districts, judicial circuits, county board districts, municipal and sanitary district wards, school board districts, and precincts.

15. "Question of public policy" or "public question" means any question, proposition or measure submitted to the voters at an election dealing with subject matter other than the nomination or election of candidates and shall include, but is not limited to, any bond or tax referendum, and questions relating to the Constitution.

16. "Ordinance providing the form of government of a municipality or county pursuant to Article VII of the Constitution" includes ordinances, resolutions and petitions adopted by referendum which provide for the form of government, the officers or the manner of selection or terms of office of officers of such municipality or county, pursuant to the provisions of Sections 4, 6 or 7 of Article VII of the Constitution.

17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, 6-60, and 6-66 shall include a computer tape or computer disc or other electronic data processing information containing voter information.

18. "Accessible" means accessible to handicapped and elderly individuals for the purpose of voting or registration, as determined by rule of the State Board of Elections.

19. "Elderly" means 65 years of age or older.

20. "Handicapped" means having a temporary or permanent physical disability.

21. "Leading political party" means one of the two political parties whose candidates for governor at the most recent three gubernatorial elections received either the highest or second highest average number of votes. The political party whose candidates for governor received the highest average number of votes shall be known as the first leading political party and the political party whose candidates for governor received the second highest average number of votes shall be known as the second leading political party.

22. "Business day" means any day in which the office of an election authority, local election official or the State Board of Elections is open to the public for a minimum of 7 hours.

23. "Homeless individual" means any person who has a nontraditional residence, including, but not limited to, a shelter, day shelter, park bench, street corner, or space under a bridge.

24. "Infamous crime" means 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.

(Source: P.A. 96-1000, eff. 7-2-10.)

(10 ILCS 5/29-15) (from Ch. 46, par. 29-15)

Sec. 29-15. Conviction deemed infamous. Any person convicted of an infamous crime as such term is defined in Section 124-1 of the Code of Criminal Procedure of 1963, as amended, shall thereafter be prohibited from holding any office of honor, trust, or profit, unless such person is again restored to such rights by the terms of a pardon for the offense or otherwise according to law.

(Source: P.A. 83-1097.)

Section 15. The Township Code is amended by adding Sections 60-1 and 170-1 as follows:

(60 ILCS 1/60-1 new)

Sec. 60-1. Definitions. As used in this Article, unless the context otherwise requires:

"Infamous crime" means 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.

(60 ILCS 1/170-1 new)

Sec. 170-1. Definitions. As used in this Article, unless the context otherwise requires:

"Infamous crime" means 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.

Section 20. The Illinois Municipal Code is amended by changing Section 1-1-2 as follows:

(65 ILCS 5/1-1-2) (from Ch. 24, par. 1-1-2)

Sec. 1-1-2. Definitions. In this Code:

(1) "Municipal" or "municipality" means a city, village, or incorporated town in the State of Illinois, but, unless the context otherwise provides, "municipal" or "municipality" does not include a township, town when used as the equivalent of a township, incorporated town that has superseded a civil township, county, school district, park district, sanitary district, or any other similar governmental district. If "municipal" or "municipality" is given a different definition in any particular Division or Section of this Act, that definition shall control in that division or Section only.

(2) "Corporate authorities" means (a) the mayor and aldermen or similar body when the reference is to cities, (b) the president and trustees or similar body when the reference is to villages or incorporated towns, and (c) the council when the reference is to municipalities under the commission form of municipal government.

(3) "Electors" means persons qualified to vote for elective officers at municipal elections.

(4) "Person" means any individual, partnership, corporation, joint stock association, or the State of Illinois or any subdivision of the State; and includes any trustee, receiver, assignee, or personal representative of any of those entities.

(5) Except as otherwise provided by ordinance, "fiscal year" in all municipalities with fewer than 500,000 inhabitants, and "municipal year" in all municipalities, means the period elapsing (a) between general municipal elections in succeeding calendar years, or (b) if general municipal elections are held biennially, then between a general municipal election and the same day of the same month of the following calendar year, and between that day and the next succeeding general municipal election, or (c) if general municipal elections are held quadrennially, then between a general municipal election and the same day of the same month of the following calendar year, and between that day and the same day of the same month of the next following calendar year, and between the last mentioned day and the same day of the same month of the next following calendar year, and between the last mentioned day and the next succeeding general municipal election. The fiscal year of each municipality with 500,000 or more inhabitants shall commence on January 1.

(6) Where reference is made to a county within which a municipality, district, area, or territory is situated, the reference is to the county within which is situated the major part of the area of that municipality, district, area, or territory, in case the municipality, district, area, or territory is situated in 2 or more counties.

(7) Where reference is made for any purpose to any other Act, either specifically or generally, the reference shall be to that Act and to all amendments to that Act now in force or that may be hereafter enacted.

(8) Wherever the words "city council", "aldermen", "commissioners", or "mayor" occur, the provisions containing these words shall apply to the board of trustees, trustees, and president, respectively, of villages and incorporated towns and councilmen in cities, so far as those provisions are applicable to them.

(9) The terms "special charter" and "special Act" are synonymous.

(10) "General municipal election" means the biennial regularly scheduled election for the election of officers of cities, villages, and incorporated towns, as prescribed by the general election law; in the case of municipalities that elect officers annually, "general municipal election" means each regularly scheduled election for the election of officers of cities, villages, and incorporated towns.

(11) "Infamous crime" means 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.

(Source: P.A. 87-1119.)

Section 25. The Park District Code is amended by changing Section 1-3 as follows:

(70 ILCS 1205/1-3) (from Ch. 105, par. 1-3)

Sec. 1-3. (a) The term "park district" or "district" where used herein shall refer to any district having a population of less than 500,000 inhabitants organized under the provisions of this code, or any district organized under "An Act to provide for the creation of pleasure driveway and park districts" approved June 19, 1893, as amended, or "An Act to provide for the organization of park districts and the transfer of submerged lands to those bordering on navigable bodies of water", approved June 24, 1895, as amended, or "An Act to establish and maintain parks and parkways in towns and townships", approved May 29, 1911, as amended, or any one of them as indicated by the context of the section wherein said phrase appears.

(b) The term "Pleasure Driveway and Park District" means any park district organized under "An Act to provide for the creation of pleasure driveway and park districts", approved June 19, 1893, as amended, or any park district heretofore organized under the provisions of this code as a Pleasure Driveway and Park District.

(c) The term "Submerged Land Park District" means any park district organized under "An Act to provide for the organization of park districts and the transfer of submerged lands to those bordering on navigable bodies of water", approved June 24, 1895, as amended, or any park district heretofore organized under the provisions of this code as a Submerged Land Park District.

(d) The term "Township Park District" means any park district organized under "An Act to establish and maintain parks and parkways in towns and townships", approved May 29, 1911, as amended, or any park district heretofore organized under the provisions of this code as a Township Park District.

(e) The term "General Park District" means any park district hereafter formed under this code or any Submerged Land Park District as that term is defined in Section 1-3 (c) hereof.

(f) The term "infamous crime" means 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.

(Source: Laws 1951, p. 113.)

Section 30. The School Code is amended by changing Section 1-3 as follows:

(105 ILCS 5/1-3) (from Ch. 122, par. 1-3)

Sec. 1-3. Definitions.

The terms "common schools", "free schools" and "public schools" are used interchangeably to apply to any school operated by authority of this Act.

"Infamous crime" means 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.

"School board" means the governing body of any district created or operating under authority of this Act, including board of school directors and board of education. When the context so indicates it also means the governing body of any non-high school district and of any special charter district, including board of school inspectors.

"Special charter district" means any city, township or district organized into a school district, under a special Act or charter of the General Assembly or in which schools are now managed and operating within such unit in whole or in part under the terms of such special Act or charter.

(Source: Laws 1961, p. 31.)

Section 99. Effective date. This Act takes effect upon becoming law.