State of Illinois
92nd General Assembly
Legislation

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92_SB0945ham002

 










                                             LRB9208793RCcdam

 1                    AMENDMENT TO SENATE BILL 945

 2        AMENDMENT NO.     .  Amend Senate Bill 945,  AS  AMENDED,
 3    by replacing the title with the following:
 4        "AN ACT concerning public office."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Officials Convicted of  Infamous  Crimes
 8    Act is amended by changing Section 1 as follows:

 9        (5 ILCS 280/1) (from Ch. 102, par. 120)
10        Sec.  1. Any person holding office under the Constitution
11    of the State of Illinois and every elected official of  local
12    government  or of any school district who is convicted in any
13    court of the State of Illinois or in any court located in  of
14    the  United  States  of  a felony, bribery, perjury, or other
15    infamous crime, as understood in Section 1 of Article XIII of
16    the  Constitution  of  1970,  shall  be,   upon   conviction,
17    ineligible to continue in such office.
18        If,  subsequently, a final order reverses the conviction,
19    eligibility to hold the office, to the extent of the original
20    term then remaining, is restored, and the  officer  shall  be
21    reinstated, for the duration of the term of office remaining.
 
                            -2-              LRB9208793RCcdam
 1    Each  such  officer shall be promptly repaid all compensation
 2    withheld from him as a result of his removal.  No  rights  of
 3    an officer under any pension plan subject to the jurisdiction
 4    of  this  State, of which the officer is a member at the time
 5    of his ineligibility for office, shall  be  abridged  if  the
 6    officer is returned to office by this Act.
 7        After  conviction  and  until  a final order of reversal,
 8    there shall  be  no  payment  of  compensation  to  any  such
 9    officer.  Upon the conviction and ineligibility of any person
10    under this Act, a successor shall be chosen according to law.
11    This  successor  shall  hold  office for the remainder of the
12    term or until a  final  order  reversing  the  conviction  is
13    entered.
14    (Source: P.A. 88-419.)

15        Section  10.  The  Election  Code  is amended by changing
16    Section 29-15 as follows:

17        (10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
18        Sec. 29-15. Conviction of deemed infamous crime. A person
19    convicted of a felony, bribery, perjury,  or  other  infamous
20    crime,  as  understood  in  Section  1 of Article XIII of the
21    Illinois Constitution, in this State or in  any  other  court
22    located  in the United States is ineligible to hold an office
23    under the Constitution of the State of Illinois or to hold an
24    elective office of a unit of local government or of a  school
25    district or to be appointed to fill a vacancy in any of those
26    offices  until:  (i)  the  completion of his or her sentence,
27    (ii)  a  final  order  of  a  court  reversing  his  or   her
28    conviction,  or  (iii)  the  granting of a pardon. Any person
29    convicted of an infamous crime as such  term  is  defined  in
30    Section  124-1  of the Code of Criminal Procedure of 1963, as
31    amended, shall thereafter  be  prohibited  from  holding  any
32    office  of  honor,  trust,  or  profit, unless such person is
 
                            -3-              LRB9208793RCcdam
 1    again restored to such rights by the terms of  a  pardon  for
 2    the offense or otherwise according to law.
 3    (Source: P.A. 83-1097.)

 4        Section  15.  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.
12        (b)  A person is not eligible for an  elective  municipal
13    office  if  that person is in arrears in the payment of a tax
14    or other indebtedness due to the  municipality  or  has  been
15    convicted  in  any  court located in the United States of any
16    infamous crime, bribery, perjury, or other felony.
17        (c)  A person is not eligible for the office of  alderman
18    of  a  ward  or  trustee of a district unless that person has
19    resided in the municipality at least one year next  preceding
20    the election or appointment, except as provided in subsection
21    (b) of Section 3.1-25-75.
22        (d)  The  eligibility  of a person convicted of a felony,
23    bribery, perjury, or other infamous crime, as  understood  in
24    Section  1  of  Article XIII of the Illinois Constitution, to
25    hold an elective municipal office or to be appointed to  fill
26    a  vacancy  in  an  elective  municipal office is governed by
27    Section 29-15 of the Election Code.
28    (Source: P.A. 91-667, eff. 6-1-00.)

29        Section  20.  The Unified Code of Corrections is  amended
30    by changing Section 5-5-5 as follows:
 
                            -4-              LRB9208793RCcdam
 1        (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
 2        Sec. 5-5-5. Loss and Restoration of Rights.
 3        (a)  Conviction and disposition shall not entail the loss
 4    by  the  defendant  of  any  civil  rights, except under this
 5    Section and Sections 29-6 and 29-10 of The Election Code,  as
 6    now or hereafter amended.
 7        (b)  The  eligibility  of a person convicted of a felony,
 8    bribery, perjury, or other infamous crime, as  understood  in
 9    Section  1  of  Article XIII of the Illinois Constitution, to
10    hold an  office  under  the  Constitution  of  the  State  of
11    Illinois  or  to  hold  an elective office of a unit of local
12    government or of a school district or to be appointed to fill
13    a vacancy in any of those  offices  is  governed  by  Section
14    29-15  of  the  Election Code. A person convicted of a felony
15    shall  be  ineligible  to  hold  an  office  created  by  the
16    Constitution of  this  State  until  the  completion  of  his
17    sentence.
18        (c)  A  person  sentenced  to imprisonment shall lose his
19    right to vote until released from imprisonment.
20        (d)  On completion of sentence of  imprisonment  or  upon
21    discharge  from  probation, conditional discharge or periodic
22    imprisonment, or at any time thereafter, all  license  rights
23    and  privileges  granted  under  the  authority of this State
24    which have been revoked or suspended because of conviction of
25    an offense shall be  restored  unless  the  authority  having
26    jurisdiction of such license rights finds after investigation
27    and  hearing  that restoration is not in the public interest.
28    This paragraph (d) shall  not  apply  to  the  suspension  or
29    revocation  of a license to operate a motor vehicle under the
30    Illinois Vehicle Code.
31        (e)  Upon a  person's  discharge  from  incarceration  or
32    parole, or upon a person's discharge from probation or at any
33    time  thereafter,  the  committing  court  may enter an order
34    certifying  that  the  sentence   has   been   satisfactorily
 
                            -5-              LRB9208793RCcdam
 1    completed  when  the  court  believes  it would assist in the
 2    rehabilitation of the  person  and  be  consistent  with  the
 3    public  welfare. Such order may be entered upon the motion of
 4    the defendant or the State or upon the court's own motion.
 5        (f)  Upon entry of the order, the court  shall  issue  to
 6    the  person  in  whose  favor  the  order  has been entered a
 7    certificate stating that his behavior  after  conviction  has
 8    warranted the issuance of the order.
 9        (g)  This  Section  shall  not  affect  the  right  of  a
10    defendant to collaterally attack his conviction or to rely on
11    it in bar of subsequent proceedings for the same offense.
12    (Source: P.A. 86-558.)".

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