Illinois General Assembly - Full Text of SB1483
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Full Text of SB1483  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/7/2023, by Sen. Mike Simmons


10 ILCS 5/1-23 new
10 ILCS 5/3-5  from Ch. 46, par. 3-5
10 ILCS 5/19A-20
730 ILCS 5/3-14-1  from Ch. 38, par. 1003-14-1
730 ILCS 5/5-5-5  from Ch. 38, par. 1005-5-5

    Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction or not later than 5 days before the first election following the person's confinement (rather than prohibiting a person who has been convicted of any crime and is serving a sentence of confinement from voting until his or her release from confinement). Requires the election authority to collaborate with a correctional institution to facilitate an opportunity for voting by mail for eligible electors to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that all requirements of the federal Voting Rights Act of 1965 and other federal, State, and local laws regarding language access and disability access apply to the provisions. Requires the correctional institution to make available to persons in custody resource materials relating to an election. Requires the State Board of Elections in coordination with correctional institutions to annually report certain data regarding compliance with the provisions. Makes conforming changes throughout the Code and in the Unified Code of Corrections. Effective July 1, 2024.

LRB103 27023 BMS 53390 b





SB1483LRB103 27023 BMS 53390 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
51-23 and by changing Sections 3-5 and 19A-20 as follows:
6    (10 ILCS 5/1-23 new)
7    Sec. 1-23. Post-conviction voting.
8    (a) As used in this Section, "correctional institution"
9means any place used to house persons under State supervision,
10including, but not limited to, State, federal, or juvenile
11facilities, adult transition centers, halfway houses, and
12other reentry or rehabilitation programs.
13    (b) A person convicted of a felony, or otherwise under
14sentence in a correctional institution or jail, shall have his
15or her right to vote restored and shall be eligible to vote not
16later than 14 days following his or her conviction or not later
17than 5 days before the first primary, general, consolidated,
18or special election immediately following his or her
19conviction, whichever is earlier. Persons under any form of
20State supervision who are disqualified from voting shall have
21their right to vote restored under this Section, including,
22but not limited to, persons incarcerated in State, federal, or
23juvenile facilities; persons on probation or parole; persons



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1on work release; persons on furlough; persons released on
2electronic monitoring; persons housed in adult transition
3centers, halfway houses, or other reentry or rehabilitation
4programs; and persons owing court fines or fees. Persons may
5not be denied the right to vote because of a past criminal
7    (c) Each election authority shall collaborate with the
8correctional institution to facilitate an opportunity for
9voting by mail for voters eligible to vote in that election
10jurisdiction who are incarcerated in the correctional
12    (d) Any person completing a voter registration application
13or submitting a change of address shall be notified of the
14option to receive a vote by mail ballot. Upon request of the
15elector, the registration shall serve as an application to
16receive an official vote by mail ballot and the individual
17need not complete an application. An elector who is a resident
18of a location covered by Section 203 of the federal Voting
19Rights Act of 1965 or local language access requirements must
20be offered a voter registration application in a covered
21language and must be able to request a vote by mail ballot in
22the covered language. Upon processing the registration, the
23election authority shall provide the individual with an
24official ballot.
25    (e) All requirements of the federal Voting Rights Act of
261965, including Sections 203 and 208, State and local language



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1access requirements, and the federal Americans with
2Disabilities Act and State and local disability access
3requirements shall apply to this Section. The correctional
4institution shall make available voter registration
5applications, vote by mail ballot applications, vote by mail
6ballots, and other election materials in the languages
7provided by the State Board of Elections and local election
9    (f) The correctional institution shall make available to a
10person in its custody resource materials current to an
11election, maintained by the State Board of Elections,
12containing detailed information regarding the voting rights of
13a person with a criminal conviction in the following formats:
14(1) in print; (2) on the correctional institution's website;
15and (3) in a visible location on the premises of each
16correctional institution where notices are customarily posted.
17The correctional institution shall provide resource materials
18to a person in its custody upon intake and release of the
19person on parole, mandatory supervised release, final
20discharge, or pardon from the correctional institution.
21    (g) Compliance with this Section shall be monitored by a
22report published annually by the State Board of Elections, in
23coordination with correctional institutions, containing data,
24including numbers of voter registrations, vote by mail ballot
25applications, vote by mail ballots completed, ballots
26completed, voter education packets delivered, number and



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1location of ballot drop boxes established, number and location
2of temporary polling places established, and other factors.
3    (h) A person who has left the place of the person's
4residence as part of the person's confinement in a
5correctional institution and who has not established another
6residence for voter registration purposes may not be
7considered to have changed or lost residence. The person may
8register to vote at the address of the place the person's
9residence was located before the person's confinement in a
10correctional institution.
11    (10 ILCS 5/3-5)  (from Ch. 46, par. 3-5)
12    Sec. 3-5. No person who has been legally convicted, in
13this or another state or in any federal court, of any crime,
14and is serving a sentence of confinement in any penal
15institution, or who has been convicted under any Section of
16this Code and is serving a sentence of confinement in any penal
17institution, shall vote, offer to vote, attempt to vote or be
18permitted to vote at any election until his release from
20    Confinement for purposes of this Section shall include any
21person convicted and imprisoned but granted a furlough as
22provided by Section 3-11-1 of the Unified Code of Corrections,
23or admitted to a work release program as provided by Section
243-13-2 of the Unified Code of Corrections. Confinement shall
25not include any person convicted and imprisoned but released



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1on parole.
2    Confinement or detention in a jail pending acquittal or
3conviction of a crime is not a disqualification for voting.
4(Source: P.A. 100-863, eff. 8-14-18.)
5    (10 ILCS 5/19A-20)
6    Sec. 19A-20. Temporary branch polling places.
7    (a) In addition to permanent polling places for early
8voting, the election authority may establish temporary branch
9polling places for early voting.
10    (b) The provisions of subsection (b) of Section 19A-15 do
11not apply to a temporary polling place. Voting at a temporary
12branch polling place may be conducted on any one or more days
13and during any hours within the period for early voting by
14personal appearance that are determined by the election
16    (c) The schedules for conducting voting do not need to be
17uniform among the temporary branch polling places.
18    (d) The legal rights and remedies which inure to the owner
19or lessor of private property are not impaired or otherwise
20affected by the leasing of the property for use as a temporary
21branch polling place for early voting, except to the extent
22necessary to conduct early voting at that location.
23    (e) In a county with a population of:
24         (1) 3,000,000 or more, the election authority in the
25    county shall establish a temporary branch polling place



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1    under this Section in the county jail. Only a resident of a
2    county who is in custody at the county jail and who has not
3    been convicted of the offense for which the resident is in
4    custody is eligible to vote at a temporary branch polling
5    place established under this paragraph (1). The temporary
6    branch polling place established under this paragraph (1)
7    shall allow a voter to vote in the same elections that the
8    voter would be entitled to vote in where the voter
9    resides. To the maximum extent feasible, voting booths or
10    screens shall be provided to ensure the privacy of the
11    voter.
12        (2) less than 3,000,000, the sheriff may establish a
13    temporary branch polling place at the county jail. Only a
14    resident of a county who is in custody at the county jail
15    and who has not been convicted of the offense for which the
16    resident is in custody is eligible to vote at a temporary
17    branch polling place established under this paragraph (2).
18    A temporary branch polling place established under this
19    paragraph (2) shall allow a voter to vote in the same
20    elections that the voter would be entitled to vote in
21    where the voter resides. To the maximum extent feasible,
22    voting booths or screens shall be provided to ensure the
23    privacy of the voter.
24    All provisions of this Code applicable to pollwatchers
25shall apply to a temporary branch polling place under this
26subsection (e), subject to approval from the election



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1authority and the county jail, except that nonpartisan
2pollwatchers shall be limited to one per division within the
3jail instead of one per precinct. A county that establishes a
4temporary branch polling place inside a county jail in
5accordance with this subsection (e) shall adhere to all
6requirements of this subsection (e). All requirements of the
7federal Voting Rights Act of 1965 and Sections 203 and 208 of
8the federal Americans with Disabilities Act shall apply to
9this subsection (e).
10(Source: P.A. 101-442, eff. 1-1-20; 102-15, eff. 6-17-21.)
11    Section 10. The Unified Code of Corrections is amended by
12changing Sections 3-14-1 and 5-5-5 as follows:
13    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
14    Sec. 3-14-1. Release from the institution.
15    (a) Upon release of a person on parole, mandatory release,
16final discharge, or pardon, the Department shall return all
17property held for him, provide him with suitable clothing and
18procure necessary transportation for him to his designated
19place of residence and employment. It may provide such person
20with a grant of money for travel and expenses which may be paid
21in installments. The amount of the money grant shall be
22determined by the Department.
23    (a-1) The Department shall, before a wrongfully imprisoned
24person, as defined in Section 3-1-2 of this Code, is



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1discharged from the Department, provide him or her with any
2documents necessary after discharge.
3    (a-2) The Department of Corrections may establish and
4maintain, in any institution it administers, revolving funds
5to be known as "Travel and Allowances Revolving Funds". These
6revolving funds shall be used for advancing travel and expense
7allowances to committed, paroled, and discharged prisoners.
8The moneys paid into such revolving funds shall be from
9appropriations to the Department for Committed, Paroled, and
10Discharged Prisoners.
11    (a-3) (Blank). Upon release of a person who is eligible to
12vote on parole, mandatory release, final discharge, or pardon,
13the Department shall provide the person with a form that
14informs him or her that his or her voting rights have been
15restored and a voter registration application. The Department
16shall have available voter registration applications in the
17languages provided by the Illinois State Board of Elections.
18The form that informs the person that his or her rights have
19been restored shall include the following information:
20        (1) All voting rights are restored upon release from
21    the Department's custody.
22        (2) A person who is eligible to vote must register in
23    order to be able to vote.
24    The Department of Corrections shall confirm that the
25person received the voter registration application and has
26been informed that his or her voting rights have been



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2    (a-4) Prior to release of a person on parole, mandatory
3supervised release, final discharge, or pardon, the Department
4shall screen every person for Medicaid eligibility. Officials
5of the correctional institution or facility where the
6committed person is assigned shall assist an eligible person
7to complete a Medicaid application to ensure that the person
8begins receiving benefits as soon as possible after his or her
9release. The application must include the eligible person's
10address associated with his or her residence upon release from
11the facility. If the residence is temporary, the eligible
12person must notify the Department of Human Services of his or
13her change in address upon transition to permanent housing.
14    (b) (Blank).
15    (c) Except as otherwise provided in this Code, the
16Department shall establish procedures to provide written
17notification of any release of any person who has been
18convicted of a felony to the State's Attorney and sheriff of
19the county from which the offender was committed, and the
20State's Attorney and sheriff of the county into which the
21offender is to be paroled or released. Except as otherwise
22provided in this Code, the Department shall establish
23procedures to provide written notification to the proper law
24enforcement agency for any municipality of any release of any
25person who has been convicted of a felony if the arrest of the
26offender or the commission of the offense took place in the



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1municipality, if the offender is to be paroled or released
2into the municipality, or if the offender resided in the
3municipality at the time of the commission of the offense. If a
4person convicted of a felony who is in the custody of the
5Department of Corrections or on parole or mandatory supervised
6release informs the Department that he or she has resided,
7resides, or will reside at an address that is a housing
8facility owned, managed, operated, or leased by a public
9housing agency, the Department must send written notification
10of that information to the public housing agency that owns,
11manages, operates, or leases the housing facility. The written
12notification shall, when possible, be given at least 14 days
13before release of the person from custody, or as soon
14thereafter as possible. The written notification shall be
15provided electronically if the State's Attorney, sheriff,
16proper law enforcement agency, or public housing agency has
17provided the Department with an accurate and up to date email
19    (c-1) (Blank).
20    (c-2) The Department shall establish procedures to provide
21notice to the Illinois State Police of the release or
22discharge of persons convicted of violations of the
23Methamphetamine Control and Community Protection Act or a
24violation of the Methamphetamine Precursor Control Act. The
25Illinois State Police shall make this information available to
26local, State, or federal law enforcement agencies upon



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2    (c-5) If a person on parole or mandatory supervised
3release becomes a resident of a facility licensed or regulated
4by the Department of Public Health, the Illinois Department of
5Public Aid, or the Illinois Department of Human Services, the
6Department of Corrections shall provide copies of the
7following information to the appropriate licensing or
8regulating Department and the licensed or regulated facility
9where the person becomes a resident:
10        (1) The mittimus and any pre-sentence investigation
11    reports.
12        (2) The social evaluation prepared pursuant to Section
13    3-8-2.
14        (3) Any pre-release evaluation conducted pursuant to
15    subsection (j) of Section 3-6-2.
16        (4) Reports of disciplinary infractions and
17    dispositions.
18        (5) Any parole plan, including orders issued by the
19    Prisoner Review Board, and any violation reports and
20    dispositions.
21        (6) The name and contact information for the assigned
22    parole agent and parole supervisor.
23    This information shall be provided within 3 days of the
24person becoming a resident of the facility.
25    (c-10) If a person on parole or mandatory supervised
26release becomes a resident of a facility licensed or regulated



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1by the Department of Public Health, the Illinois Department of
2Public Aid, or the Illinois Department of Human Services, the
3Department of Corrections shall provide written notification
4of such residence to the following:
5        (1) The Prisoner Review Board.
6        (2) The chief of police and sheriff in the
7    municipality and county in which the licensed facility is
8    located.
9    The notification shall be provided within 3 days of the
10person becoming a resident of the facility.
11    (d) Upon the release of a committed person on parole,
12mandatory supervised release, final discharge, or pardon, the
13Department shall provide such person with information
14concerning programs and services of the Illinois Department of
15Public Health to ascertain whether such person has been
16exposed to the human immunodeficiency virus (HIV) or any
17identified causative agent of Acquired Immunodeficiency
18Syndrome (AIDS).
19    (e) Upon the release of a committed person on parole,
20mandatory supervised release, final discharge, pardon, or who
21has been wrongfully imprisoned, the Department shall verify
22the released person's full name, date of birth, and social
23security number. If verification is made by the Department by
24obtaining a certified copy of the released person's birth
25certificate and the released person's social security card or
26other documents authorized by the Secretary, the Department



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1shall provide the birth certificate and social security card
2or other documents authorized by the Secretary to the released
3person. If verification by the Department is done by means
4other than obtaining a certified copy of the released person's
5birth certificate and the released person's social security
6card or other documents authorized by the Secretary, the
7Department shall complete a verification form, prescribed by
8the Secretary of State, and shall provide that verification
9form to the released person.
10    (f) Forty-five days prior to the scheduled discharge of a
11person committed to the custody of the Department of
12Corrections, the Department shall give the person:
13        (1) who is otherwise uninsured an opportunity to apply
14    for health care coverage including medical assistance
15    under Article V of the Illinois Public Aid Code in
16    accordance with subsection (b) of Section 1-8.5 of the
17    Illinois Public Aid Code, and the Department of
18    Corrections shall provide assistance with completion of
19    the application for health care coverage including medical
20    assistance;
21        (2) information about obtaining a standard Illinois
22    Identification Card or a limited-term Illinois
23    Identification Card under Section 4 of the Illinois
24    Identification Card Act;
25        (3) information about voter registration and may
26    distribute information prepared by the State Board of



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1    Elections. The Department of Corrections may enter into an
2    interagency contract with the State Board of Elections to
3    participate in the automatic voter registration program
4    and be a designated automatic voter registration agency
5    under Section 1A-16.2 of the Election Code;
6        (4) information about job listings upon discharge from
7    the correctional institution or facility;
8        (5) information about available housing upon discharge
9    from the correctional institution or facility;
10        (6) a directory of elected State officials and of
11    officials elected in the county and municipality, if any,
12    in which the committed person intends to reside upon
13    discharge from the correctional institution or facility;
14    and
15        (7) any other information that the Department of
16    Corrections deems necessary to provide the committed
17    person in order for the committed person to reenter the
18    community and avoid recidivism.
19    The Department may adopt rules to implement this Section.
20(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
21102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff.
221-1-22; 102-813, eff. 5-13-22.)
23    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
24    Sec. 5-5-5. Loss and restoration of rights.
25    (a) Conviction and disposition shall not entail the loss



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1by the defendant of any civil rights, except under this
2Section and Sections 29-6 and 29-10 of The Election Code, as
3now or hereafter amended.
4    (b) A person convicted of a felony shall be ineligible to
5hold an office created by the Constitution of this State until
6the completion of his sentence.
7    (c) (Blank). A person sentenced to imprisonment shall lose
8his right to vote until released from imprisonment.
9    (d) On completion of sentence of imprisonment or upon
10discharge from probation, conditional discharge or periodic
11imprisonment, or at any time thereafter, all license rights
12and privileges granted under the authority of this State which
13have been revoked or suspended because of conviction of an
14offense shall be restored unless the authority having
15jurisdiction of such license rights finds after investigation
16and hearing that restoration is not in the public interest.
17This paragraph (d) shall not apply to the suspension or
18revocation of a license to operate a motor vehicle under the
19Illinois Vehicle Code.
20    (e) Upon a person's discharge from incarceration or
21parole, or upon a person's discharge from probation or at any
22time thereafter, the committing court may enter an order
23certifying that the sentence has been satisfactorily completed
24when the court believes it would assist in the rehabilitation
25of the person and be consistent with the public welfare. Such
26order may be entered upon the motion of the defendant or the



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



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1    Article 5.5 of this Chapter, to encourage the licensure
2    and employment of persons previously convicted of one or
3    more criminal offenses;
4        (2) the specific duties and responsibilities
5    necessarily related to the license being sought;
6        (3) the bearing, if any, the criminal offenses or
7    offenses for which the person was previously convicted
8    will have on his or her fitness or ability to perform one
9    or more such duties and responsibilities;
10        (4) the time which has elapsed since the occurrence of
11    the criminal offense or offenses;
12        (5) the age of the person at the time of occurrence of
13    the criminal offense or offenses;
14        (6) the seriousness of the offense or offenses;
15        (7) any information produced by the person or produced
16    on his or her behalf in regard to his or her rehabilitation
17    and good conduct, including a certificate of relief from
18    disabilities issued to the applicant, which certificate
19    shall create a presumption of rehabilitation in regard to
20    the offense or offenses specified in the certificate; and
21        (8) the legitimate interest of the licensing agency in
22    protecting property, and the safety and welfare of
23    specific individuals or the general public.
24    (i) A certificate of relief from disabilities shall be
25issued only for a license or certification issued under the
26following Acts:



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1        (1) the Animal Welfare Act; except that a certificate
2    of relief from disabilities may not be granted to provide
3    for the issuance or restoration of a license under the
4    Animal Welfare Act for any person convicted of violating
5    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
6    Care for Animals Act or Section 26-5 or 48-1 of the
7    Criminal Code of 1961 or the Criminal Code of 2012;
8        (2) the Illinois Athletic Trainers Practice Act;
9        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
10    and Nail Technology Act of 1985;
11        (4) the Boiler and Pressure Vessel Repairer Regulation
12    Act;
13        (5) the Boxing and Full-contact Martial Arts Act;
14        (6) the Illinois Certified Shorthand Reporters Act of
15    1984;
16        (7) the Illinois Farm Labor Contractor Certification
17    Act;
18        (8) the Registered Interior Designers Act;
19        (9) the Illinois Professional Land Surveyor Act of
20    1989;
21        (10) the Landscape Architecture Registration Act;
22        (11) the Marriage and Family Therapy Licensing Act;
23        (12) the Private Employment Agency Act;
24        (13) the Professional Counselor and Clinical
25    Professional Counselor Licensing and Practice Act;
26        (14) the Real Estate License Act of 2000;



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