Full Text of HB0351 103rd General Assembly
HB0351eng 103RD GENERAL ASSEMBLY |
| | HB0351 Engrossed | | LRB103 03878 AWJ 48884 b |
|
| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by adding Section | 5 | | 1-20.1 as follows: | 6 | | (10 ILCS 5/1-20.1 new) | 7 | | Sec. 1-20.1. Task Force to Review Eligibility to Hold | 8 | | Public Office. | 9 | | (a) The Task Force to Review Eligibility to Hold Public | 10 | | Office is created. The purpose of the Task Force is to review | 11 | | what criminal conduct precludes a person from holding public | 12 | | office in this State and to make recommendations as to what | 13 | | criminal conduct should preclude an individual from holding | 14 | | public office. | 15 | | (b) The Task Force shall be comprised of the following | 16 | | members: | 17 | | (1) The president of a statewide bar association or | 18 | | his or her designee, the executive director of a statewide | 19 | | association advocating for the advancement of civil | 20 | | liberties or his or her designee, an executive director of | 21 | | a legal aid organization or statewide association with a | 22 | | practice group dedicated to or focused on returning | 23 | | citizen expungements and sealing of criminal records, all |
| | | HB0351 Engrossed | - 2 - | LRB103 03878 AWJ 48884 b |
|
| 1 | | appointed by the Governor. | 2 | | (2) 4 members of the public, one appointed by each of | 3 | | the following: the Speaker of the House of | 4 | | Representatives; the Minority Leader of the House of | 5 | | Representatives; the President of the Senate; and the | 6 | | Minority Leader of the Senate. | 7 | | (3) 2 individuals who have been formerly incarcerated, | 8 | | appointed by the Governor. | 9 | | (4) The Attorney General or his or her designee. | 10 | | (5) 2 individuals from the State Board of Elections | 11 | | appointed by the Executive Director. | 12 | | (6) 2 State Representatives appointed by the Speaker | 13 | | of the House of Representatives; 2 State Representatives | 14 | | appointed by the Minority Leader of the House of | 15 | | Representatives; 2 State Senators appointed by the | 16 | | President of the Senate; 2 State Senators appointed by the | 17 | | Minority Leader of the Senate. | 18 | | The members of the Task Force shall serve without | 19 | | compensation. All appointments under this subsection must be | 20 | | made within 30 days after the effective date of this | 21 | | amendatory Act of the 103rd General Assembly. | 22 | | (c) The Illinois Sentencing Policy Advisory Council shall | 23 | | provide administrative and technical support to the Task Force | 24 | | and be responsible for administering its operations and | 25 | | ensuring that the requirements of the Task Force are met. The | 26 | | Executive Director of the Council shall appoint a |
| | | HB0351 Engrossed | - 3 - | LRB103 03878 AWJ 48884 b |
|
| 1 | | cochairperson for the Task Force and the President of the | 2 | | Senate and the Speaker of the House of Representatives shall | 3 | | jointly appoint a cochairperson for the Task Force. | 4 | | (d) The Task Force shall meet at least 4 times with the | 5 | | first meeting occurring within 60 days after the effective | 6 | | date of this amendatory Act of the 103rd General Assembly. The | 7 | | Executive Director of the Illinois Sentencing Policy Advisory | 8 | | Council shall designate the day, time, and place for each | 9 | | meeting of the Task Force. | 10 | | (e) The Task Force shall review what conduct currently | 11 | | precludes an individual from holding public office in this | 12 | | State; the policy rationale for precluding an individual from | 13 | | holding public office based on certain criminal conduct; | 14 | | available research and best practices for restoring returning | 15 | | individuals to full citizenship; and the processes of | 16 | | restoration of eligibility to hold public office in this | 17 | | State. After this review, the Task Force shall make | 18 | | recommendations as to what criminal conduct shall preclude an | 19 | | individual from holding public office in this State. | 20 | | (f) The Task Force shall produce a report detailing the | 21 | | Task Force's findings and recommendations and needed | 22 | | resources. The Task Force shall submit a report of its | 23 | | findings and recommendations to the General Assembly and the | 24 | | Governor by May 1, 2024. | 25 | | (g) This Section is repealed on January 1, 2025. |
| | | HB0351 Engrossed | - 4 - | LRB103 03878 AWJ 48884 b |
|
| 1 | | Section 10. The Unified Code of Corrections is amended by | 2 | | changing Section 5-5-5 as follows:
| 3 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 4 | | Sec. 5-5-5. Loss and restoration of rights.
| 5 | | (a) Conviction and disposition shall not entail the loss | 6 | | by the
defendant of any civil rights, except under this | 7 | | Section and Sections 29-6
and 29-10 of The Election Code, as | 8 | | now or hereafter amended.
| 9 | | (b) A person convicted of a felony shall be ineligible to | 10 | | hold an office
created by the Constitution of this State until | 11 | | the completion of his sentence.
| 12 | | (b-5) Notwithstanding any other provision of law, a person | 13 | | convicted of a felony, bribery, perjury, or other infamous | 14 | | crime for an offense committed on or after the effective date | 15 | | of this amendatory Act of the 103rd General Assembly and | 16 | | committed while he or she was serving as a public official in | 17 | | this State is ineligible to hold any local public office or any | 18 | | office created by the Constitution of this State unless the | 19 | | person's conviction is reversed, the person is again restored | 20 | | to such rights by the terms of a pardon for the offense, the | 21 | | person has received a restoration of rights by the Governor, | 22 | | or the person's rights are otherwise restored by law. | 23 | | (c) A person sentenced to imprisonment shall lose his | 24 | | right to vote
until released from imprisonment.
| 25 | | (d) On completion of sentence of imprisonment or upon |
| | | HB0351 Engrossed | - 5 - | LRB103 03878 AWJ 48884 b |
|
| 1 | | discharge from
probation, conditional discharge or periodic | 2 | | imprisonment, or at any time
thereafter, all license rights | 3 | | and privileges
granted under the authority of this State which | 4 | | have been revoked or
suspended because of conviction of an | 5 | | offense shall be restored unless the
authority having | 6 | | jurisdiction of such license rights finds after
investigation | 7 | | and hearing that restoration is not in the public interest.
| 8 | | This paragraph (d) shall not apply to the suspension or | 9 | | revocation of a
license to operate a motor vehicle under the | 10 | | Illinois Vehicle Code.
| 11 | | (e) Upon a person's discharge from incarceration or | 12 | | parole, or upon a
person's discharge from probation or at any | 13 | | time thereafter, the committing
court may enter an order | 14 | | certifying that the sentence has been
satisfactorily completed | 15 | | when the court believes it would assist in the
rehabilitation | 16 | | of the person and be consistent with the public welfare.
Such | 17 | | order may be entered upon the motion of the defendant or the | 18 | | State or
upon the court's own motion.
| 19 | | (f) Upon entry of the order, the court shall issue to the | 20 | | person in
whose favor the order has been entered a certificate | 21 | | stating that his
behavior after conviction has warranted the | 22 | | issuance of the order.
| 23 | | (g) This Section shall not affect the right of a defendant | 24 | | to
collaterally attack his conviction or to rely on it in bar | 25 | | of subsequent
proceedings for the same offense.
| 26 | | (h) No application for any license specified in subsection |
| | | HB0351 Engrossed | - 6 - | LRB103 03878 AWJ 48884 b |
|
| 1 | | (i) of this
Section granted under the
authority of this State | 2 | | shall be denied by reason of an eligible offender who
has | 3 | | obtained a certificate of relief from disabilities, as
defined | 4 | | in Article 5.5 of this Chapter, having been previously | 5 | | convicted of one
or more
criminal offenses, or by reason of a | 6 | | finding of lack of "good moral
character" when the finding is | 7 | | based upon the fact that the applicant has
previously been | 8 | | convicted of one or more criminal offenses, unless:
| 9 | | (1) there is a direct relationship between one or more | 10 | | of the previous
criminal offenses and the specific license | 11 | | sought; or
| 12 | | (2) the issuance of the license would
involve an | 13 | | unreasonable risk to property or to the safety or welfare | 14 | | of
specific individuals or the general public.
| 15 | | In making such a determination, the licensing agency shall | 16 | | consider the
following factors:
| 17 | | (1) the public policy of this State, as expressed in | 18 | | Article 5.5 of this
Chapter, to encourage the licensure | 19 | | and employment of persons previously
convicted of one or | 20 | | more criminal offenses;
| 21 | | (2) the specific duties and responsibilities | 22 | | necessarily related to the
license being sought;
| 23 | | (3) the bearing, if any, the criminal offenses or | 24 | | offenses for which the
person
was previously convicted | 25 | | will have on his or her fitness or ability to perform
one | 26 | | or
more such duties and responsibilities;
|
| | | HB0351 Engrossed | - 7 - | LRB103 03878 AWJ 48884 b |
|
| 1 | | (4) the time which has elapsed since the occurrence of | 2 | | the criminal
offense or offenses;
| 3 | | (5) the age of the person at the time of occurrence of | 4 | | the criminal
offense or offenses;
| 5 | | (6) the seriousness of the offense or offenses;
| 6 | | (7) any information produced by the person or produced | 7 | | on his or her
behalf in
regard to his or her rehabilitation | 8 | | and good conduct, including a certificate
of relief from | 9 | | disabilities issued to the applicant, which certificate | 10 | | shall
create a presumption of rehabilitation in regard to | 11 | | the offense or offenses
specified in the certificate; and
| 12 | | (8) the legitimate interest of the licensing agency in | 13 | | protecting
property, and
the safety and welfare of | 14 | | specific individuals or the general public.
| 15 | | (i) A certificate of relief from disabilities shall be | 16 | | issued only
for a
license or certification issued under the | 17 | | following Acts:
| 18 | | (1) the Animal Welfare Act; except that a certificate | 19 | | of relief from
disabilities may not be granted
to provide | 20 | | for
the
issuance or restoration of a license under the | 21 | | Animal Welfare Act for any
person convicted of violating | 22 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 23 | | Care for Animals Act or Section 26-5 or 48-1 of the | 24 | | Criminal Code of
1961 or the Criminal Code of 2012;
| 25 | | (2) the Illinois Athletic Trainers Practice Act;
| 26 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, |
| | | HB0351 Engrossed | - 8 - | LRB103 03878 AWJ 48884 b |
|
| 1 | | and Nail Technology Act of 1985;
| 2 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 3 | | Act;
| 4 | | (5) the Boxing and Full-contact Martial Arts Act;
| 5 | | (6) the Illinois Certified Shorthand Reporters Act of | 6 | | 1984;
| 7 | | (7) the Illinois Farm Labor Contractor Certification | 8 | | Act;
| 9 | | (8) the Registered Interior Designers Act;
| 10 | | (9) the Illinois Professional Land Surveyor Act of | 11 | | 1989;
| 12 | | (10) the Landscape Architecture Registration Act;
| 13 | | (11) the Marriage and Family Therapy Licensing Act;
| 14 | | (12) the Private Employment Agency Act;
| 15 | | (13) the Professional Counselor and Clinical | 16 | | Professional Counselor
Licensing and Practice
Act;
| 17 | | (14) the Real Estate License Act of 2000;
| 18 | | (15) the Illinois Roofing Industry Licensing Act; | 19 | | (16) the Professional Engineering Practice Act of | 20 | | 1989; | 21 | | (17) the Water Well and Pump Installation Contractor's | 22 | | License Act; | 23 | | (18) the Electrologist Licensing Act;
| 24 | | (19) the Auction License Act; | 25 | | (20) the Illinois Architecture Practice Act of 1989; | 26 | | (21) the Dietitian Nutritionist Practice Act; |
| | | HB0351 Engrossed | - 9 - | LRB103 03878 AWJ 48884 b |
|
| 1 | | (22) the Environmental Health Practitioner Licensing | 2 | | Act; | 3 | | (23) the Funeral Directors and Embalmers Licensing | 4 | | Code; | 5 | | (24) (blank); | 6 | | (25) the Professional Geologist Licensing Act; | 7 | | (26) the Illinois Public Accounting Act; and | 8 | | (27) the Structural Engineering Practice Act of 1989.
| 9 | | (Source: P.A. 102-284, eff. 8-6-21.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
|
|