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Full Text of SB0225  100th General Assembly

SB0225sam002 100TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 10/24/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 225

2    AMENDMENT NO. ______. Amend Senate Bill 225 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 25-2 and 29-15 as follows:
 
6    (10 ILCS 5/25-2)  (from Ch. 46, par. 25-2)
7    Sec. 25-2. Events on which an elective office becomes
8vacant. Every elective office shall become vacant on the
9happening of any of the following events before the expiration
10of the term of such office:
11        (1) The death of the incumbent.
12        (2) His or her resignation.
13        (3) His or her becoming a person under legal
14    disability.
15        (4) His or her ceasing to be an inhabitant of the
16    State; or if the office is local, his or her ceasing to be

 

 

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1    an inhabitant of the district, county, town, or precinct
2    for which he or she was elected; provided, that the
3    provisions of this paragraph shall not apply to township
4    officers whose township boundaries are changed in
5    accordance with Section 10-20 of the Township Code, to a
6    township officer after disconnection as set forth in
7    Section 15-17 of the Township Code, nor to township or
8    multi-township assessors elected under Sections 2-5
9    through 2-15 of the Property Tax Code.
10        (5) His or her conviction of an infamous crime, or of
11    any offense involving a violation of official oath.
12        (6) His or her removal from office.
13        (7) His or her refusal or neglect to take his or her
14    oath of office, or to give or renew his or her official
15    bond, or to deposit or file such oath or bond within the
16    time prescribed by law.
17        (8) The decision of a competent tribunal declaring his
18    or her election void.
19    No elective office, except as herein otherwise provided,
20shall become vacant until the successor of the incumbent of
21such office has been appointed or elected, as the case may be,
22and qualified.
23    An unconditional resignation, effective at a future date,
24may not be withdrawn after it is received by the officer
25authorized to fill the vacancy. Such resignation shall create a
26vacancy in office for the purpose of determining the time

 

 

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1period which would require an election. The resigning office
2holder may continue to hold such office until the date or event
3specified in such resignation, but no later than the date at
4which his or her successor is elected and qualified.
5    An admission of guilt of a criminal offense that would,
6upon conviction, disqualify the holder of an elective office
7from holding that office, in the form of a written agreement
8with State or federal prosecutors to plead guilty to a felony,
9bribery, perjury, or other infamous crime under State or
10federal law, shall constitute a resignation from that office,
11effective at the time the plea agreement is made.
12    For purposes of this Section, a conviction for an offense
13that disqualifies the holder of an elective office from holding
14that office shall occur on the date of the return of a guilty
15verdict or, in the case of a trial by the court, the entry of a
16finding of guilt.
17    For the purposes of this Section, an elective office does
18not become vacant if the person previously convicted of an
19infamous crime: (i) received a pardon for the offense or the
20right of the person to hold elective office has been otherwise
21restored by executive or judicial action; (ii) has completed
22the sentence ordered by the court for the offense at least 15
23years prior to taking office, has not had another felony
24criminal conviction in the 15 years following the completion of
25the sentence, and, prior to taking office or within 30 days
26after the effective date of this amendatory Act of the 100th

 

 

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1General Assembly (including individuals and candidates elected
2at the last preceding election after the effective date of this
3paragraph), whichever is later, has submitted to the
4appropriate election authority a signed and sworn affidavit
5which includes the date of all criminal convictions, the date
6of completion of any sentences, and an assertion that the
7person believes he or she qualifies under this exemption; or
8(iii) is otherwise eligible according to law. An affidavit
9submitted under item (ii) of this paragraph shall also be
10submitted to the appropriate State's Attorney's Office.
11However, this paragraph shall not apply to a person who is a
12child sex offender as defined in Section 11-9.3 of the Criminal
13Code of 2012.
14    This Section does not apply to any elected or appointed
15officers or officials of any municipality having a population
16under 500,000.
17(Source: P.A. 94-529, eff. 8-10-05; 95-646, eff. 1-1-08.)
 
18    (10 ILCS 5/29-15)  (from Ch. 46, par. 29-15)
19    Sec. 29-15. Conviction deemed infamous. Any person
20convicted of an infamous crime as such term is defined in
21Section 124-1 of the Code of Criminal Procedure of 1963, as
22amended, shall thereafter be prohibited from holding any office
23of honor, trust, or profit, unless: (1) that person's right to
24hold elective office has been restored by the terms of a pardon
25for the offense, or by executive or judicial action; (2) that

 

 

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1person has completed the sentence ordered by the court for the
2offense at least 15 years prior to taking office, has not had
3another felony criminal conviction in the 15 years following
4the completion of the sentence, and has submitted to the
5appropriate election authority a signed and sworn affidavit
6which includes the date of all criminal convictions, the date
7of completion of any sentences, and an assertion that the
8person believes he or she qualifies under this exemption; or
9(3) that person is otherwise eligible according to law such
10person is again restored to such rights by the terms of a
11pardon for the offense or otherwise according to law.
12    Any person seeking office under exemption (2) of this
13Section must submit, with his or her nomination papers, a
14signed affidavit asserting that exemption. No candidate
15required to file the affidavit under this Section shall qualify
16as a candidate for election or nomination unless he or she
17files the affidavit asserting an exemption with the appropriate
18officer by the end of the period for the filing of nomination
19papers. A person seeking election or nomination as a write-in
20candidate who would otherwise be required to file an affidavit
21under exemption (2) of this Section shall file the affidavit
22with his or her declaration of intent to be a write-in
23candidate. The filing of a false affidavit of exemption shall
24disqualify a candidate or officeholder in addition to other
25penalties provided by law. Objections to the affidavit
26asserting an exemption shall be governed by Sections 10-8

 

 

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1through 10-10.1 of the Election Code with the same procedures
2as objections to certificates of nomination and nomination
3papers, hearings on objections, and judicial review. If
4required, failure to file an affidavit asserting an exemption
5under this Section with nomination papers or failure to
6otherwise file the affidavit within 30 days after the effective
7date of this amendatory Act of the 100th General Assembly,
8whichever is later, or filing a false affidavit asserting an
9exemption, shall constitute grounds for immediate removal from
10office by the appropriate authority as provided by law.
11Exemption (2) of this Section shall not apply to a person who
12is a child sex offender as defined in Section 11-9.3 of the
13Criminal Code of 2012.
14(Source: P.A. 83-1097.)
 
15    Section 10. The Township Code is amended by changing
16Section 55-6 as follows:
 
17    (60 ILCS 1/55-6)
18    Sec. 55-6. Criminal conviction. A person is not eligible to
19hold any office if that person, at the time required for taking
20the oath of office, has been convicted in any court located in
21the United States of any infamous crime, bribery, perjury, or
22other felony unless: (1) that person's right to hold elective
23office has been restored by the terms of a pardon for the
24offense, or by executive or judicial action; (2) that person

 

 

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1has completed the sentence ordered by the court for the offense
2at least 15 years prior to taking office, has not had another
3felony criminal conviction in the 15 years following the
4completion of the sentence, and has submitted to the
5appropriate election authority a signed and sworn affidavit
6which includes the date of all criminal convictions, the date
7of completion of any sentences, and an assertion that the
8person believes he or she qualifies under this exemption; or
9(3) is otherwise eligible according to law.
10    The person seeking office under exemption (2) of this
11Section must submit, with his or her nomination papers, a
12signed affidavit asserting that exemption. No candidate
13required to file the affidavit under this Section shall qualify
14as a candidate for election or nomination unless he or she
15files the affidavit asserting an exemption with the appropriate
16officer by the end of the relevant period for the filing of
17nomination papers. The filing of a false affidavit of exemption
18shall disqualify a candidate, in addition to other penalties
19provided by law. Objections to the affidavit asserting an
20exemption shall be governed by Sections 10-8 through 10-10.1 of
21the Election Code with the same procedure as objections to
22certificates of nomination and nomination papers, hearings on
23objections, and judicial review. If required, failure to file
24an affidavit asserting an exemption under this Section with
25nomination papers or failure to otherwise file the affidavit
26within 30 days after the effective date of this amendatory Act

 

 

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1of the 100th General Assembly, whichever is later, or filing a
2false affidavit asserting an exemption, shall constitute
3grounds for immediate removal from office by the appropriate
4authority as provided by law. Exemption (2) of this Section
5shall not apply to a person who is a child sex offender as
6defined in Section 11-9.3 of the Criminal Code of 2012.
7(Source: P.A. 99-546, eff. 7-15-16.)
 
8    Section 15. The Illinois Municipal Code is amended by
9changing Section 3.1-10-5 as follows:
 
10    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
11    Sec. 3.1-10-5. Qualifications; elective office.
12    (a) A person is not eligible for an elective municipal
13office unless that person is a qualified elector of the
14municipality and has resided in the municipality at least one
15year next preceding the election or appointment, except as
16provided in Section 3.1-20-25, subsection (b) of Section
173.1-25-75, Section 5-2-2, or Section 5-2-11.
18    (b) A person is not eligible to take the oath of office for
19a municipal office if that person is, at the time required for
20taking the oath of office, in arrears in the payment of a tax
21or other indebtedness due to the municipality or has been
22convicted in any court located in the United States of any
23infamous crime, bribery, perjury, or other felony unless: (1)
24that person's right to hold elective office has been restored

 

 

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1by the terms of a pardon for the offense, or by executive or
2judicial action; (2) that person has completed the sentence
3ordered by the court for the offense at least 15 years prior to
4taking office, has not had another felony criminal conviction
5in the 15 years following the completion of the sentence, and
6has submitted to the appropriate election authority a signed
7and sworn affidavit which includes the date of all criminal
8convictions, the date of completion of any sentences, and an
9assertion that the person believes he or she qualifies under
10this exemption; or (3) is otherwise eligible according to law.
11    The person seeking office under exemption (2) of this
12subsection (b) must submit, with his or her nomination papers,
13a signed affidavit asserting that exemption. No candidate
14required to file the affidavit under this Section shall qualify
15as a candidate for election or nomination unless he or she
16files the affidavit asserting an exemption with the appropriate
17officer by the end of the relevant period for the filing of
18nomination papers. The filing of a false affidavit of exemption
19shall disqualify a candidate, in addition to other penalties
20provided by law. Objections to the affidavit asserting an
21exemption shall be governed by Sections 10-8 through 10-10.1 of
22the Election Code with the same procedure as objections to
23certificates of nomination and nomination papers, hearings on
24objections, and judicial review. If required, failure to file
25an affidavit asserting an exemption under this Section with
26nomination papers or failure to otherwise file the affidavit

 

 

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1within 30 days after the effective date of this amendatory Act
2of the 100th General Assembly, whichever is later, or filing a
3false affidavit asserting an exemption, shall constitute
4grounds for immediate removal from office by the appropriate
5authority as provided by law. Exemption (2) of this subsection
6(b) shall not apply to a person who is a child sex offender as
7defined in Section 11-9.3 of the Criminal Code of 2012.
8    (b-5) (Blank).
9    (c) A person is not eligible for the office of alderman of
10a ward unless that person has resided in the ward that the
11person seeks to represent, and a person is not eligible for the
12office of trustee of a district unless that person has resided
13in the municipality, at least one year next preceding the
14election or appointment, except as provided in Section
153.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
16or Section 5-2-11.
17    (d) If a person (i) is a resident of a municipality
18immediately prior to the active duty military service of that
19person or that person's spouse, (ii) resides anywhere outside
20of the municipality during that active duty military service,
21and (iii) immediately upon completion of that active duty
22military service is again a resident of the municipality, then
23the time during which the person resides outside the
24municipality during the active duty military service is deemed
25to be time during which the person is a resident of the
26municipality for purposes of determining the residency

 

 

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1requirement under subsection (a).
2(Source: P.A. 98-115, eff. 7-29-13; 99-449, eff. 8-24-15.)
 
3    Section 20. The School Code is amended by changing Section
410-11 as follows:
 
5    (105 ILCS 5/10-11)  (from Ch. 122, par. 10-11)
6    Sec. 10-11. Vacancies. Elective offices become vacant
7within the meaning of the Act, unless the context indicates
8otherwise, on the happening of any of the following events,
9before the expiration of the term of such office:
10        1. The death of the incumbent.
11        2. His or her resignation in writing filed with the
12    Secretary or Clerk of the Board.
13        3. His or her becoming a person under legal disability.
14        4. His or her ceasing to be an inhabitant of the
15    district for which he or she was elected.
16        5. His or her conviction of an infamous crime, of any
17    offense involving a violation of official oath, or of a
18    violent crime against a child.
19        6. His or her removal from office.
20        7. The decision of a competent tribunal declaring his
21    or her election void.
22        8. His ceasing to be an inhabitant of a particular area
23    from which he was elected, if the residential requirements
24    contained in Section 10-10.5, 11E-35, or 12-2 of this Code

 

 

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1    are violated.
2    No elective office except as herein otherwise provided
3becomes vacant until the successor of the incumbent of such
4office has been appointed or elected, as the case may be, and
5qualified. The successor shall have the same type of
6residential qualifications as his or her predecessor and, if
7the residential requirements contained in Section 10-10.5,
811E-35, or 12-2 of this Code apply, the successor, whether
9elected or appointed by the remaining members or a regional
10superintendent, shall be an inhabitant of the particular area
11from which his or her predecessor was elected.
12    For the purpose of this Section, an elective office does
13not become vacant if the person previously convicted of an
14infamous crime: (i) received a pardon for the offense; (ii) has
15completed the sentence ordered by the court for the offense at
16least 15 years prior to taking office, has not had another
17felony criminal conviction in the 15 years following the
18completion of the sentence, and has submitted to the secretary
19of the school board prior to taking office or within 30 days of
20the effective date of this amendatory Act of the 100th General
21Assembly, whichever is later, a signed affidavit which includes
22the date of all criminal convictions, the date of completion of
23any sentences, and an assertion that the person believes he or
24she qualifies under this exemption; or (iii) is otherwise
25eligible according to law. An affidavit submitted under item
26(ii) of this paragraph shall be submitted to the appropriate

 

 

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1State's Attorney upon request. However, this paragraph shall
2not apply to a person who is a child sex offender as defined in
3Section 11-9.3 of the Criminal Code of 2012.
4(Source: P.A. 94-1019, eff. 7-10-06.)
 
5    Section 25. 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 by
10the defendant of any civil rights, except under this Section
11and Sections 29-6, and 29-10, and 29-15 of The Election Code,
12as now 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    (c) A person sentenced to imprisonment shall lose his right
17to vote until released from imprisonment.
18    (d) On completion of sentence of imprisonment or upon
19discharge from probation, conditional discharge or periodic
20imprisonment, or at any time thereafter, all license rights and
21privileges granted under the authority of this State which have
22been revoked or suspended because of conviction of an offense
23shall be restored unless the authority having jurisdiction of
24such license rights finds after investigation and hearing that

 

 

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1restoration is not in the public interest. This paragraph (d)
2shall not apply to the suspension or revocation of a license to
3operate a motor vehicle under the Illinois Vehicle Code.
4    (e) Upon a person's discharge from incarceration or parole,
5or upon a person's discharge from probation or at any time
6thereafter, the committing court may enter an order certifying
7that the sentence has been satisfactorily completed when the
8court believes it would assist in the rehabilitation of the
9person and be consistent with the public welfare. Such order
10may be entered upon the motion of the defendant or the State or
11upon the court's own motion.
12    (f) Upon entry of the order, the court shall issue to the
13person in whose favor the order has been entered a certificate
14stating that his behavior after conviction has warranted the
15issuance of the order.
16    (g) This Section shall not affect the right of a defendant
17to collaterally attack his conviction or to rely on it in bar
18of subsequent proceedings for the same offense.
19    (h) No application for any license specified in subsection
20(i) of this Section granted under the authority of this State
21shall be denied by reason of an eligible offender who has
22obtained a certificate of relief from disabilities, as defined
23in Article 5.5 of this Chapter, having been previously
24convicted of one or more criminal offenses, or by reason of a
25finding of lack of "good moral character" when the finding is
26based upon the fact that the applicant has previously been

 

 

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1convicted of one or more criminal offenses, unless:
2        (1) there is a direct relationship between one or more
3    of the previous criminal offenses and the specific license
4    sought; or
5        (2) the issuance of the license would involve an
6    unreasonable risk to property or to the safety or welfare
7    of specific individuals or the general public.
8    In making such a determination, the licensing agency shall
9consider the following factors:
10        (1) the public policy of this State, as expressed in
11    Article 5.5 of this Chapter, to encourage the licensure and
12    employment of persons previously convicted of one or more
13    criminal offenses;
14        (2) the specific duties and responsibilities
15    necessarily related to the license being sought;
16        (3) the bearing, if any, the criminal offenses or
17    offenses for which the person was previously convicted will
18    have on his or her fitness or ability to perform one or
19    more such duties and responsibilities;
20        (4) the time which has elapsed since the occurrence of
21    the criminal offense or offenses;
22        (5) the age of the person at the time of occurrence of
23    the criminal offense or offenses;
24        (6) the seriousness of the offense or offenses;
25        (7) any information produced by the person or produced
26    on his or her behalf in regard to his or her rehabilitation

 

 

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1    and good conduct, including a certificate of relief from
2    disabilities issued to the applicant, which certificate
3    shall create a presumption of rehabilitation in regard to
4    the offense or offenses specified in the certificate; and
5        (8) the legitimate interest of the licensing agency in
6    protecting property, and the safety and welfare of specific
7    individuals or the general public.
8    (i) A certificate of relief from disabilities shall be
9issued only for a license or certification issued under the
10following Acts:
11        (1) the Animal Welfare Act; except that a certificate
12    of relief from disabilities may not be granted to provide
13    for the issuance or restoration of a license under the
14    Animal Welfare Act for any person convicted of violating
15    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
16    Care for Animals Act or Section 26-5 or 48-1 of the
17    Criminal Code of 1961 or the Criminal Code of 2012;
18        (2) the Illinois Athletic Trainers Practice Act;
19        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
20    and Nail Technology Act of 1985;
21        (4) the Boiler and Pressure Vessel Repairer Regulation
22    Act;
23        (5) the Boxing and Full-contact Martial Arts Act;
24        (6) the Illinois Certified Shorthand Reporters Act of
25    1984;
26        (7) the Illinois Farm Labor Contractor Certification

 

 

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1    Act;
2        (8) the Interior Design Title Act;
3        (9) the Illinois Professional Land Surveyor Act of
4    1989;
5        (10) the Illinois Landscape Architecture Act of 1989;
6        (11) the Marriage and Family Therapy Licensing Act;
7        (12) the Private Employment Agency Act;
8        (13) the Professional Counselor and Clinical
9    Professional Counselor Licensing and Practice Act;
10        (14) the Real Estate License Act of 2000;
11        (15) the Illinois Roofing Industry Licensing Act;
12        (16) the Professional Engineering Practice Act of
13    1989;
14        (17) the Water Well and Pump Installation Contractor's
15    License Act;
16        (18) the Electrologist Licensing Act;
17        (19) the Auction License Act;
18        (20) the Illinois Architecture Practice Act of 1989;
19        (21) the Dietitian Nutritionist Practice Act;
20        (22) the Environmental Health Practitioner Licensing
21    Act;
22        (23) the Funeral Directors and Embalmers Licensing
23    Code;
24        (24) (blank);
25        (25) the Professional Geologist Licensing Act;
26        (26) the Illinois Public Accounting Act; and

 

 

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1        (27) the Structural Engineering Practice Act of 1989.
2(Source: P.A. 100-534, eff. 9-22-17.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".