Full Text of HB5046 102nd General Assembly
HB5046 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5046 Introduced 1/27/2022, by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/3.1-10-5 | from Ch. 24, par. 3.1-10-5 |
730 ILCS 5/5-5-5 | from Ch. 38, par. 1005-5-5 |
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Amends the Illinois Municipal Code. Repeals a provisions providing that a person is not eligible to take the oath of office for a municipal office if that person has been convicted of certain crimes. Amends the Unified Code of Corrections. Provides that a person convicted of a felony while he or she was serving as a public official is ineligible to hold public office at any time after his or her conviction.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal convictions.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 3.1-10-5 as follows:
| 6 | | (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
| 7 | | Sec. 3.1-10-5. Qualifications; elective office.
| 8 | | (a) A person is not eligible for an elective municipal | 9 | | office unless that
person is a qualified elector of the | 10 | | municipality and has resided in the
municipality at least
one | 11 | | year next preceding the election or appointment, except as | 12 | | provided in Section 3.1-20-25, subsection (b) of Section | 13 | | 3.1-25-75, Section 5-2-2, or Section 5-2-11.
| 14 | | (b) A person is not eligible to take the oath of office for | 15 | | a municipal office if that person is, at the time required for | 16 | | taking the oath of office, in arrears in the payment of a tax | 17 | | or other indebtedness due to the municipality or
has been | 18 | | convicted in any court located in the United States of any | 19 | | infamous
crime,
bribery, perjury, or other felony, unless such | 20 | | person is again restored to his or her rights of citizenship | 21 | | that may have been forfeited under Illinois law as a result of | 22 | | a conviction, which includes eligibility to hold elected | 23 | | municipal office, by the terms of a pardon for the offense, has |
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| 1 | | received a restoration of rights by the Governor, or otherwise | 2 | | according to law. Any time after a judgment of conviction is | 3 | | rendered, a person convicted of an infamous crime, bribery, | 4 | | perjury, or other felony may petition the Governor for a | 5 | | restoration of rights . | 6 | | The changes made to this subsection by this amendatory Act | 7 | | of the 102nd General Assembly are declarative of existing law | 8 | | and apply to all persons elected at the April 4, 2017 | 9 | | consolidated election and to persons elected or appointed | 10 | | thereafter.
| 11 | | (b-5) (Blank). | 12 | | (c) A person is not eligible for the office of alderperson
| 13 | | of a ward unless that person has resided
in the ward that the | 14 | | person seeks to represent, and a person is not eligible for the | 15 | | office of trustee of a district unless that person has resided | 16 | | in the
municipality, at least one year next
preceding the | 17 | | election or appointment, except
as provided in Section | 18 | | 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, | 19 | | or Section 5-2-11.
| 20 | | (d) If a person (i) is a resident of a municipality | 21 | | immediately prior to the active duty military service of that | 22 | | person or that person's spouse, (ii) resides anywhere outside | 23 | | of the municipality during that active duty military service, | 24 | | and (iii) immediately upon completion of that active duty | 25 | | military service is again a resident of the municipality, then | 26 | | the time during which the person resides outside the |
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| 1 | | municipality during the active duty military service is deemed | 2 | | to be time during which the person is a resident of the | 3 | | municipality for purposes of determining the residency | 4 | | requirement under subsection (a).
| 5 | | (Source: P.A. 102-15, eff. 6-17-21.)
| 6 | | Section 10. The Unified Code of Corrections is amended by | 7 | | changing Section 5-5-5 as follows:
| 8 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 9 | | Sec. 5-5-5. Loss and restoration of rights.
| 10 | | (a) Conviction and disposition shall not entail the loss | 11 | | by the
defendant of any civil rights, except under this | 12 | | Section and Sections 29-6
and 29-10 of The Election Code, as | 13 | | now or hereafter amended.
| 14 | | (b) A person convicted of a felony shall be ineligible to | 15 | | hold an office
created by the Constitution of this State until | 16 | | the completion of his sentence.
| 17 | | (b-5) Notwithstanding any other provision of law, a | 18 | | person convicted of a felony for an offense committed on or | 19 | | after the effective date of this amendatory Act of the 102nd | 20 | | General Assembly and while he or she was serving as a public | 21 | | official in this State is ineligible to hold any local public | 22 | | office in this State or any office
created by the Constitution | 23 | | of this State at any time after his or her conviction, unless | 24 | | that person is again restored to his or her rights of |
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| 1 | | citizenship that may have been forfeited under Illinois law as | 2 | | a result of a conviction, which includes eligibility to hold | 3 | | office, by the terms of a pardon for the offense, has received | 4 | | a restoration of rights by the Governor, or otherwise | 5 | | according to law. | 6 | | (c) A person sentenced to imprisonment shall lose his | 7 | | right to vote
until released from imprisonment.
| 8 | | (d) On completion of sentence of imprisonment or upon | 9 | | discharge from
probation, conditional discharge or periodic | 10 | | imprisonment, or at any time
thereafter, all license rights | 11 | | and privileges
granted under the authority of this State which | 12 | | have been revoked or
suspended because of conviction of an | 13 | | offense shall be restored unless the
authority having | 14 | | jurisdiction of such license rights finds after
investigation | 15 | | and hearing that restoration is not in the public interest.
| 16 | | This paragraph (d) shall not apply to the suspension or | 17 | | revocation of a
license to operate a motor vehicle under the | 18 | | Illinois Vehicle Code.
| 19 | | (e) Upon a person's discharge from incarceration or | 20 | | parole, or upon a
person's discharge from probation or at any | 21 | | time thereafter, the committing
court may enter an order | 22 | | certifying that the sentence has been
satisfactorily completed | 23 | | when the court believes it would assist in the
rehabilitation | 24 | | of the person and be consistent with the public welfare.
Such | 25 | | order may be entered upon the motion of the defendant or the | 26 | | State or
upon the court's own motion.
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| 1 | | (f) Upon entry of the order, the court shall issue to the | 2 | | person in
whose favor the order has been entered a certificate | 3 | | stating that his
behavior after conviction has warranted the | 4 | | issuance of the order.
| 5 | | (g) This Section shall not affect the right of a defendant | 6 | | to
collaterally attack his conviction or to rely on it in bar | 7 | | of subsequent
proceedings for the same offense.
| 8 | | (h) No application for any license specified in subsection | 9 | | (i) of this
Section granted under the
authority of this State | 10 | | shall be denied by reason of an eligible offender who
has | 11 | | obtained a certificate of relief from disabilities, as
defined | 12 | | in Article 5.5 of this Chapter, having been previously | 13 | | convicted of one
or more
criminal offenses, or by reason of a | 14 | | finding of lack of "good moral
character" when the finding is | 15 | | based upon the fact that the applicant has
previously been | 16 | | convicted of one or more criminal offenses, unless:
| 17 | | (1) there is a direct relationship between one or more | 18 | | of the previous
criminal offenses and the specific license | 19 | | sought; or
| 20 | | (2) the issuance of the license would
involve an | 21 | | unreasonable risk to property or to the safety or welfare | 22 | | of
specific individuals or the general public.
| 23 | | In making such a determination, the licensing agency shall | 24 | | consider the
following factors:
| 25 | | (1) the public policy of this State, as expressed in | 26 | | Article 5.5 of this
Chapter, to encourage the licensure |
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| 1 | | and employment of persons previously
convicted of one or | 2 | | more criminal offenses;
| 3 | | (2) the specific duties and responsibilities | 4 | | necessarily related to the
license being sought;
| 5 | | (3) the bearing, if any, the criminal offenses or | 6 | | offenses for which the
person
was previously convicted | 7 | | will have on his or her fitness or ability to perform
one | 8 | | or
more such duties and responsibilities;
| 9 | | (4) the time which has elapsed since the occurrence of | 10 | | the criminal
offense or offenses;
| 11 | | (5) the age of the person at the time of occurrence of | 12 | | the criminal
offense or offenses;
| 13 | | (6) the seriousness of the offense or offenses;
| 14 | | (7) any information produced by the person or produced | 15 | | on his or her
behalf in
regard to his or her rehabilitation | 16 | | and good conduct, including a certificate
of relief from | 17 | | disabilities issued to the applicant, which certificate | 18 | | shall
create a presumption of rehabilitation in regard to | 19 | | the offense or offenses
specified in the certificate; and
| 20 | | (8) the legitimate interest of the licensing agency in | 21 | | protecting
property, and
the safety and welfare of | 22 | | specific individuals or the general public.
| 23 | | (i) A certificate of relief from disabilities shall be | 24 | | issued only
for a
license or certification issued under the | 25 | | following Acts:
| 26 | | (1) the Animal Welfare Act; except that a certificate |
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| 1 | | of relief from
disabilities may not be granted
to provide | 2 | | for
the
issuance or restoration of a license under the | 3 | | Animal Welfare Act for any
person convicted of violating | 4 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 5 | | Care for Animals Act or Section 26-5 or 48-1 of the | 6 | | Criminal Code of
1961 or the Criminal Code of 2012;
| 7 | | (2) the Illinois Athletic Trainers Practice Act;
| 8 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 9 | | and Nail Technology Act of 1985;
| 10 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 11 | | Act;
| 12 | | (5) the Boxing and Full-contact Martial Arts Act;
| 13 | | (6) the Illinois Certified Shorthand Reporters Act of | 14 | | 1984;
| 15 | | (7) the Illinois Farm Labor Contractor Certification | 16 | | Act;
| 17 | | (8) the Registered Interior Designers Act;
| 18 | | (9) the Illinois Professional Land Surveyor Act of | 19 | | 1989;
| 20 | | (10) the Landscape Architecture Registration Act;
| 21 | | (11) the Marriage and Family Therapy Licensing Act;
| 22 | | (12) the Private Employment Agency Act;
| 23 | | (13) the Professional Counselor and Clinical | 24 | | Professional Counselor
Licensing and Practice
Act;
| 25 | | (14) the Real Estate License Act of 2000;
| 26 | | (15) the Illinois Roofing Industry Licensing Act; |
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| 1 | | (16) the Professional Engineering Practice Act of | 2 | | 1989; | 3 | | (17) the Water Well and Pump Installation Contractor's | 4 | | License Act; | 5 | | (18) the Electrologist Licensing Act;
| 6 | | (19) the Auction License Act; | 7 | | (20) the Illinois Architecture Practice Act of 1989; | 8 | | (21) the Dietitian Nutritionist Practice Act; | 9 | | (22) the Environmental Health Practitioner Licensing | 10 | | Act; | 11 | | (23) the Funeral Directors and Embalmers Licensing | 12 | | Code; | 13 | | (24) (blank); | 14 | | (25) the Professional Geologist Licensing Act; | 15 | | (26) the Illinois Public Accounting Act; and | 16 | | (27) the Structural Engineering Practice Act of 1989.
| 17 | | (Source: P.A. 102-284, eff. 8-6-21.)
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