Full Text of HB0351 103rd General Assembly
HB0351ham001 103RD GENERAL ASSEMBLY | Rep. Curtis J. Tarver, II Filed: 5/11/2023
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| 1 | | AMENDMENT TO HOUSE BILL 351
| 2 | | AMENDMENT NO. ______. Amend House Bill 351 by replacing | 3 | | everything after the enacting clause with the following:
| 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: |
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| 1 | | (1) The president of a statewide bar association or | 2 | | his or her designee, the executive director of a statewide | 3 | | association advocating for the advancement of civil | 4 | | liberties or his or her designee, an executive director of | 5 | | a legal aid organization or statewide association with a | 6 | | practice group dedicated to or focused on returning | 7 | | citizen expungements and sealing of criminal records, all | 8 | | appointed by the Governor. | 9 | | (2) 4 members of the public, one appointed by each of | 10 | | the following: the Speaker of the House of | 11 | | Representatives; the Minority Leader of the House of | 12 | | Representatives; the President of the Senate; and the | 13 | | Minority Leader of the Senate. | 14 | | (3) 2 individuals who have been formerly incarcerated, | 15 | | appointed by the Governor. | 16 | | (4) The Attorney General or his or her designee. | 17 | | (5) 2 State Representatives appointed by the Speaker | 18 | | of the House of Representatives; one State Representative | 19 | | appointed by the Minority Leader of the House of | 20 | | Representatives; 2 State Senators appointed by the | 21 | | President of the Senate; one State Senator appointed by | 22 | | the Minority Leader of the Senate. | 23 | | The members of the Task Force shall serve without | 24 | | compensation. All appointments under this subsection must be | 25 | | made within 30 days after the effective date of this | 26 | | amendatory Act of the 103rd General Assembly. |
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| 1 | | (c) The Illinois Sentencing Policy Advisory Council shall | 2 | | provide administrative and technical support to the Task Force | 3 | | and be responsible for administering its operations and | 4 | | ensuring that the requirements of the Task Force are met. The | 5 | | Executive Director of the Council shall appoint a | 6 | | cochairperson for the Task Force and the President of the | 7 | | Senate and the Speaker of the House of Representatives shall | 8 | | jointly appoint a cochairperson for the Task Force. | 9 | | (d) The Task Force shall meet at least 4 times with the | 10 | | first meeting occurring within 60 days after the effective | 11 | | date of this amendatory Act of the 103rd General Assembly. The | 12 | | Executive Director of the Illinois Sentencing Policy Advisory | 13 | | Council shall designate the day, time, and place for each | 14 | | meeting of the Task Force. | 15 | | (e) The Task Force shall review what conduct currently | 16 | | precludes an individual from holding public office in this | 17 | | State; the policy rationale for precluding an individual from | 18 | | holding public office based on certain criminal conduct; | 19 | | available research and best practices for restoring returning | 20 | | individuals to full citizenship; and the processes of | 21 | | restoration of eligibility to hold public office in this | 22 | | State. After this review, the Task Force shall make | 23 | | recommendations as to what criminal conduct shall preclude an | 24 | | individual from holding public office in this State. | 25 | | (f) The Task Force shall produce a report detailing the | 26 | | Task Force's findings and recommendations and needed |
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| 1 | | resources. The Task Force shall submit a report of its | 2 | | findings and recommendations to the General Assembly and the | 3 | | Governor by May 1, 2024. | 4 | | (g) This Section is repealed on January 1, 2025. | 5 | | Section 10. The Unified Code of Corrections is amended by | 6 | | changing 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 | 10 | | by the
defendant of any civil rights, except under this | 11 | | Section and Sections 29-6
and 29-10 of The Election Code, as | 12 | | now or hereafter amended.
| 13 | | (b) A person convicted of a felony shall be ineligible to | 14 | | hold an office
created by the Constitution of this State until | 15 | | the completion of his sentence.
| 16 | | (b-5) Notwithstanding any other provision of law, a person | 17 | | convicted of a felony, bribery, perjury, or other infamous | 18 | | crime for an offense committed on or after the effective date | 19 | | of this amendatory Act of the 103rd General Assembly and | 20 | | committed while he or she was serving as a public official in | 21 | | this State is ineligible to hold any local public office or any | 22 | | office created by the Constitution of this State unless the | 23 | | person's conviction is reversed, the person is again restored | 24 | | to such rights by the terms of a pardon for the offense, the |
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| 1 | | person has received a restoration of rights by the Governor, | 2 | | or the person's rights are otherwise restored by law. | 3 | | (c) A person sentenced to imprisonment shall lose his | 4 | | right to vote
until released from imprisonment.
| 5 | | (d) On completion of sentence of imprisonment or upon | 6 | | discharge from
probation, conditional discharge or periodic | 7 | | imprisonment, or at any time
thereafter, all license rights | 8 | | and privileges
granted under the authority of this State which | 9 | | have been revoked or
suspended because of conviction of an | 10 | | offense shall be restored unless the
authority having | 11 | | jurisdiction of such license rights finds after
investigation | 12 | | and hearing that restoration is not in the public interest.
| 13 | | This paragraph (d) shall not apply to the suspension or | 14 | | revocation of a
license to operate a motor vehicle under the | 15 | | Illinois Vehicle Code.
| 16 | | (e) Upon a person's discharge from incarceration or | 17 | | parole, or upon a
person's discharge from probation or at any | 18 | | time thereafter, the committing
court may enter an order | 19 | | certifying that the sentence has been
satisfactorily completed | 20 | | when the court believes it would assist in the
rehabilitation | 21 | | of the person and be consistent with the public welfare.
Such | 22 | | order may be entered upon the motion of the defendant or the | 23 | | State or
upon the court's own motion.
| 24 | | (f) Upon entry of the order, the court shall issue to the | 25 | | person in
whose favor the order has been entered a certificate | 26 | | stating that his
behavior after conviction has warranted the |
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| 1 | | issuance of the order.
| 2 | | (g) This Section shall not affect the right of a defendant | 3 | | to
collaterally attack his conviction or to rely on it in bar | 4 | | of subsequent
proceedings for the same offense.
| 5 | | (h) No application for any license specified in subsection | 6 | | (i) of this
Section granted under the
authority of this State | 7 | | shall be denied by reason of an eligible offender who
has | 8 | | obtained a certificate of relief from disabilities, as
defined | 9 | | in Article 5.5 of this Chapter, having been previously | 10 | | convicted of one
or more
criminal offenses, or by reason of a | 11 | | finding of lack of "good moral
character" when the finding is | 12 | | based upon the fact that the applicant has
previously been | 13 | | convicted of one or more criminal offenses, unless:
| 14 | | (1) there is a direct relationship between one or more | 15 | | of the previous
criminal offenses and the specific license | 16 | | sought; or
| 17 | | (2) the issuance of the license would
involve an | 18 | | unreasonable risk to property or to the safety or welfare | 19 | | of
specific individuals or the general public.
| 20 | | In making such a determination, the licensing agency shall | 21 | | consider the
following factors:
| 22 | | (1) the public policy of this State, as expressed in | 23 | | Article 5.5 of this
Chapter, to encourage the licensure | 24 | | and employment of persons previously
convicted of one or | 25 | | more criminal offenses;
| 26 | | (2) the specific duties and responsibilities |
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| 1 | | necessarily related to the
license being sought;
| 2 | | (3) the bearing, if any, the criminal offenses or | 3 | | offenses for which the
person
was previously convicted | 4 | | will have on his or her fitness or ability to perform
one | 5 | | or
more such duties and responsibilities;
| 6 | | (4) the time which has elapsed since the occurrence of | 7 | | the criminal
offense or offenses;
| 8 | | (5) the age of the person at the time of occurrence of | 9 | | the criminal
offense or offenses;
| 10 | | (6) the seriousness of the offense or offenses;
| 11 | | (7) any information produced by the person or produced | 12 | | on his or her
behalf in
regard to his or her rehabilitation | 13 | | and good conduct, including a certificate
of relief from | 14 | | disabilities issued to the applicant, which certificate | 15 | | shall
create a presumption of rehabilitation in regard to | 16 | | the offense or offenses
specified in the certificate; and
| 17 | | (8) the legitimate interest of the licensing agency in | 18 | | protecting
property, and
the safety and welfare of | 19 | | specific individuals or the general public.
| 20 | | (i) A certificate of relief from disabilities shall be | 21 | | issued only
for a
license or certification issued under the | 22 | | following Acts:
| 23 | | (1) the Animal Welfare Act; except that a certificate | 24 | | of relief from
disabilities may not be granted
to provide | 25 | | for
the
issuance or restoration of a license under the | 26 | | Animal Welfare Act for any
person convicted of violating |
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| 1 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 2 | | Care for Animals Act or Section 26-5 or 48-1 of the | 3 | | Criminal Code of
1961 or the Criminal Code of 2012;
| 4 | | (2) the Illinois Athletic Trainers Practice Act;
| 5 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 6 | | and Nail Technology Act of 1985;
| 7 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 8 | | Act;
| 9 | | (5) the Boxing and Full-contact Martial Arts Act;
| 10 | | (6) the Illinois Certified Shorthand Reporters Act of | 11 | | 1984;
| 12 | | (7) the Illinois Farm Labor Contractor Certification | 13 | | Act;
| 14 | | (8) the Registered Interior Designers Act;
| 15 | | (9) the Illinois Professional Land Surveyor Act of | 16 | | 1989;
| 17 | | (10) the Landscape Architecture Registration Act;
| 18 | | (11) the Marriage and Family Therapy Licensing Act;
| 19 | | (12) the Private Employment Agency Act;
| 20 | | (13) the Professional Counselor and Clinical | 21 | | Professional Counselor
Licensing and Practice
Act;
| 22 | | (14) the Real Estate License Act of 2000;
| 23 | | (15) the Illinois Roofing Industry Licensing Act; | 24 | | (16) the Professional Engineering Practice Act of | 25 | | 1989; | 26 | | (17) the Water Well and Pump Installation Contractor's |
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| 1 | | License Act; | 2 | | (18) the Electrologist Licensing Act;
| 3 | | (19) the Auction License Act; | 4 | | (20) the Illinois Architecture Practice Act of 1989; | 5 | | (21) the Dietitian Nutritionist Practice Act; | 6 | | (22) the Environmental Health Practitioner Licensing | 7 | | Act; | 8 | | (23) the Funeral Directors and Embalmers Licensing | 9 | | Code; | 10 | | (24) (blank); | 11 | | (25) the Professional Geologist Licensing Act; | 12 | | (26) the Illinois Public Accounting Act; and | 13 | | (27) the Structural Engineering Practice Act of 1989.
| 14 | | (Source: P.A. 102-284, eff. 8-6-21.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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