Bill Text: IL HB0351 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Election Code. Creates the Task Force to Review Eligibility to Hold Public Office to review what criminal conduct precludes a person from holding public office in the State and to make recommendations as to what criminal conduct should preclude an individual from holding public office. Includes language relating to Task Force membership, administrative support by the Illinois Sentencing Policy Advisory Council, meetings, submission of a report of its findings and recommendations to the General Assembly and the Governor by May 1, 2024, and repealing the provisions on January 1, 2025. Amends the Unified Code of Corrections. Provides that, notwithstanding any other provision of law, a person convicted of a felony, bribery, perjury, or other infamous crime for an offense committed on or after the effective date of the amendatory Act and committed while he or she was serving as a public official in the State is ineligible to hold any local public office or any office created by the Constitution of the State unless the person's conviction is reversed, the person is again restored to such rights by the terms of a pardon for the offense, the person has received a restoration of rights by the Governor, or the person's rights are otherwise restored by law. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2023-11-17 - Public Act . . . . . . . . . 103-0562 [HB0351 Detail]
Download: Illinois-2023-HB0351-Engrossed.html
Bill Title: Amends the Election Code. Creates the Task Force to Review Eligibility to Hold Public Office to review what criminal conduct precludes a person from holding public office in the State and to make recommendations as to what criminal conduct should preclude an individual from holding public office. Includes language relating to Task Force membership, administrative support by the Illinois Sentencing Policy Advisory Council, meetings, submission of a report of its findings and recommendations to the General Assembly and the Governor by May 1, 2024, and repealing the provisions on January 1, 2025. Amends the Unified Code of Corrections. Provides that, notwithstanding any other provision of law, a person convicted of a felony, bribery, perjury, or other infamous crime for an offense committed on or after the effective date of the amendatory Act and committed while he or she was serving as a public official in the State is ineligible to hold any local public office or any office created by the Constitution of the State unless the person's conviction is reversed, the person is again restored to such rights by the terms of a pardon for the offense, the person has received a restoration of rights by the Governor, or the person's rights are otherwise restored by law. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2023-11-17 - Public Act . . . . . . . . . 103-0562 [HB0351 Detail]
Download: Illinois-2023-HB0351-Engrossed.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by adding Section | ||||||
5 | 1-20.1 as follows:
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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 |
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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 |
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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.
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1 | Section 10. The Unified Code of Corrections is amended by | ||||||
2 | changing Section 5-5-5 as follows:
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3 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
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4 | Sec. 5-5-5. Loss and restoration of rights.
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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.
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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.
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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.
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25 | (d) On completion of sentence of imprisonment or upon |
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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.
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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.
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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.
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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.
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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.
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26 | (h) No application for any license specified in subsection |
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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:
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9 | (1) there is a direct relationship between one or more | ||||||
10 | of the previous
criminal offenses and the specific license | ||||||
11 | sought; or
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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.
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15 | In making such a determination, the licensing agency shall | ||||||
16 | consider the
following factors:
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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;
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21 | (2) the specific duties and responsibilities | ||||||
22 | necessarily related to the
license being sought;
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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;
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1 | (4) the time which has elapsed since the occurrence of | ||||||
2 | the criminal
offense or offenses;
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3 | (5) the age of the person at the time of occurrence of | ||||||
4 | the criminal
offense or offenses;
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5 | (6) the seriousness of the offense or offenses;
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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
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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.
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15 | (i) A certificate of relief from disabilities shall be | ||||||
16 | issued only
for a
license or certification issued under the | ||||||
17 | following Acts:
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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;
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25 | (2) the Illinois Athletic Trainers Practice Act;
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26 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, |
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1 | and Nail Technology Act of 1985;
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2 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
3 | Act;
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4 | (5) the Boxing and Full-contact Martial Arts Act;
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5 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
6 | 1984;
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7 | (7) the Illinois Farm Labor Contractor Certification | ||||||
8 | Act;
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9 | (8) the Registered Interior Designers Act;
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10 | (9) the Illinois Professional Land Surveyor Act of | ||||||
11 | 1989;
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12 | (10) the Landscape Architecture Registration Act;
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13 | (11) the Marriage and Family Therapy Licensing Act;
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14 | (12) the Private Employment Agency Act;
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15 | (13) the Professional Counselor and Clinical | ||||||
16 | Professional Counselor
Licensing and Practice
Act;
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17 | (14) the Real Estate License Act of 2000;
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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;
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24 | (19) the Auction License Act; | ||||||
25 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
26 | (21) the Dietitian Nutritionist Practice Act; |
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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.
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9 | (Source: P.A. 102-284, eff. 8-6-21.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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