SB1453 101ST GENERAL ASSEMBLY

LRB101 09702 SMS 54801 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1453

Introduced 2/13/2019, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

10 ILCS 5/25-2	from Ch. 46, par. 25-2
10 ILCS 5/29-15	from Ch. 46, par. 29-15
60 ILCS 1/55-6
65 ILCS 5/3.1-10-5	from Ch. 24, par. 3.1-10-5
105 ILCS 5/10-11	from Ch. 122, par. 10-11
730 ILCS 5/5-5-5	from Ch. 38, par. 1005-5-5

Amends the Election Code, the Township Code, the Illinois Municipal Code, and the School Code to provide exemptions and requirements allowing a person previously convicted of an infamous crime to hold elective office. Amends the Unified Code of Corrections. Provides that conviction and disposition shall not entail the loss by the defendant of any civil rights except, in addition to other specified provisions, as provided in a provision of the Election Code concerning convictions for infamous crimes. Effective immediately.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 25-2 and 29-15 as follows:

(10 ILCS 5/25-2) (from Ch. 46, par. 25-2)

Sec. 25-2. Events on which an elective office becomes vacant. Every elective office shall become vacant on the happening of any of the following events before the expiration of the term of such office:

(1) The death of the incumbent.

(2) His or her resignation.

(3) His or her becoming a person under legal disability.

(4) His or her ceasing to be an inhabitant of the State; or if the office is local, his or her ceasing to be an inhabitant of the district, county, town, or precinct for which he or she was elected; provided, that the provisions of this paragraph shall not apply to township officers whose township boundaries are changed in accordance with Section 10-20 of the Township Code, to a township officer after disconnection as set forth in Section 15-17 of the Township Code, nor to township or multi-township assessors elected under Sections 2-5 through 2-15 of the Property Tax Code.

(5) His or her conviction of an infamous crime, or of any offense involving a violation of official oath.

(6) His or her removal from office.

(7) His or her refusal or neglect to take his or her oath of office, or to give or renew his or her official bond, or to deposit or file such oath or bond within the time prescribed by law.

(8) The decision of a competent tribunal declaring his or her election void.

No elective office, except as herein otherwise provided, shall become vacant until the successor of the incumbent of such office has been appointed or elected, as the case may be, and qualified.

An unconditional resignation, effective at a future date, may not be withdrawn after it is received by the officer authorized to fill the vacancy. Such resignation shall create a vacancy in office for the purpose of determining the time period which would require an election. The resigning office holder may continue to hold such office until the date or event specified in such resignation, but no later than the date at which his or her successor is elected and qualified.

An admission of guilt of a criminal offense that would, upon conviction, disqualify the holder of an elective office from holding that office, in the form of a written agreement with State or federal prosecutors to plead guilty to a felony, bribery, perjury, or other infamous crime under State or federal law, shall constitute a resignation from that office, effective at the time the plea agreement is made.

For purposes of this Section, a conviction for an offense that disqualifies the holder of an elective office from holding that office shall occur on the date of the return of a guilty verdict or, in the case of a trial by the court, the entry of a finding of guilt.

For the purposes of this Section, an elective office does not become vacant if the person previously convicted of an infamous crime: (i) received a pardon for the offense or the right of the person to hold elective office has been otherwise restored by executive or judicial action; (ii) has completed the sentence ordered by the court for the offense at least 15 years prior to taking office, has not had another felony criminal conviction in the 15 years following the completion of the sentence, and, prior to taking office or within 30 days after the effective date of this amendatory Act of the 101st General Assembly (including individuals and candidates elected at the last preceding election after the effective date of this paragraph), whichever is later, has submitted to the appropriate election authority a signed and sworn affidavit which includes the date of all criminal convictions, the date of completion of any sentences, and an assertion that the person believes he or she qualifies under this exemption; or (iii) is otherwise eligible according to law. An affidavit submitted under item (ii) of this paragraph shall also be submitted to the appropriate State's Attorney's Office. However, this paragraph shall not apply to a person who is a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012.

This Section does not apply to any elected or appointed officers or officials of any municipality having a population under 500,000.

(Source: P.A. 94-529, eff. 8-10-05; 95-646, eff. 1-1-08.)

(10 ILCS 5/29-15) (from Ch. 46, par. 29-15)

Sec. 29-15. Conviction deemed infamous. Any person convicted of an infamous crime as such term is defined in Section 124-1 of the Code of Criminal Procedure of 1963, as amended, shall thereafter be prohibited from holding any office of honor, trust, or profit, unless: (1) that person's right to hold elective office has been restored by the terms of a pardon for the offense, or by executive or judicial action; (2) that person has completed the sentence ordered by the court for the offense at least 15 years prior to taking office, has not had another felony criminal conviction in the 15 years following the completion of the sentence, and has submitted to the appropriate election authority a signed and sworn affidavit which includes the date of all criminal convictions, the date of completion of any sentences, and an assertion that the person believes he or she qualifies under this exemption; or (3) that person is otherwise eligible according to law such person is again restored to such rights by the terms of a pardon for the offense or otherwise according to law.

Any person seeking office under exemption (2) of this Section must submit, with his or her nomination papers, a signed affidavit asserting that exemption. No candidate required to file the affidavit under this Section shall qualify as a candidate for election or nomination unless he or she files the affidavit asserting an exemption with the appropriate officer by the end of the period for the filing of nomination papers. A person seeking election or nomination as a write-in candidate who would otherwise be required to file an affidavit under exemption (2) of this Section shall file the affidavit with his or her declaration of intent to be a write-in candidate. The filing of a false affidavit of exemption shall disqualify a candidate or officeholder in addition to other penalties provided by law. Objections to the affidavit asserting an exemption shall be governed by Sections 10-8 through 10-10.1 of the Election Code with the same procedures as objections to certificates of nomination and nomination papers, hearings on objections, and judicial review. If required, failure to file an affidavit asserting an exemption under this Section with nomination papers or failure to otherwise file the affidavit within 30 days after the effective date of this amendatory Act of the 101st General Assembly, whichever is later, or filing a false affidavit asserting an exemption, shall constitute grounds for immediate removal from office by the appropriate authority as provided by law. Exemption (2) of this Section shall not apply to a person who is a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012.

(Source: P.A. 83-1097.)

Section 10. The Township Code is amended by changing Section 55-6 as follows:

(60 ILCS 1/55-6)

Sec. 55-6. Criminal conviction. A person is not eligible to hold any office if that person, at the time required for taking the oath of office, has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony unless: (1) that person's right to hold elective office has been restored by the terms of a pardon for the offense, or by executive or judicial action; (2) that person has completed the sentence ordered by the court for the offense at least 15 years prior to taking office, has not had another felony criminal conviction in the 15 years following the completion of the sentence, and has submitted to the appropriate election authority a signed and sworn affidavit which includes the date of all criminal convictions, the date of completion of any sentences, and an assertion that the person believes he or she qualifies under this exemption; or (3) is otherwise eligible according to law.

The person seeking office under exemption (2) of this Section must submit, with his or her nomination papers, a signed affidavit asserting that exemption. No candidate required to file the affidavit under this Section shall qualify as a candidate for election or nomination unless he or she files the affidavit asserting an exemption with the appropriate officer by the end of the relevant period for the filing of nomination papers. The filing of a false affidavit of exemption shall disqualify a candidate, in addition to other penalties provided by law. Objections to the affidavit asserting an exemption shall be governed by Sections 10-8 through 10-10.1 of the Election Code with the same procedure as objections to certificates of nomination and nomination papers, hearings on objections, and judicial review. If required, failure to file an affidavit asserting an exemption under this Section with nomination papers or failure to otherwise file the affidavit within 30 days after the effective date of this amendatory Act of the 101st General Assembly, whichever is later, or filing a false affidavit asserting an exemption, shall constitute grounds for immediate removal from office by the appropriate authority as provided by law. Exemption (2) of this Section shall not apply to a person who is a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012.

(Source: P.A. 99-546, eff. 7-15-16.)

Section 15. The Illinois Municipal Code is amended by changing Section 3.1-10-5 as follows:

(65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)

Sec. 3.1-10-5. Qualifications; elective office.

(a) A person is not eligible for an elective municipal office unless that person is a qualified elector of the municipality and has resided in the municipality at least one year next preceding the election or appointment, except as provided in Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.

(b) A person is not eligible to take the oath of office for a municipal office if that person is, at the time required for taking the oath of office, in arrears in the payment of a tax or other indebtedness due to the municipality or has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony unless: (1) that person's right to hold elective office has been restored by the terms of a pardon for the offense, or by executive or judicial action; (2) that person has completed the sentence ordered by the court for the offense at least 15 years prior to taking office, has not had another felony criminal conviction in the 15 years following the completion of the sentence, and has submitted to the appropriate election authority a signed and sworn affidavit which includes the date of all criminal convictions, the date of completion of any sentences, and an assertion that the person believes he or she qualifies under this exemption; or (3) is otherwise eligible according to law.

The person seeking office under exemption (2) of this subsection (b) must submit, with his or her nomination papers, a signed affidavit asserting that exemption. No candidate required to file the affidavit under this Section shall qualify as a candidate for election or nomination unless he or she files the affidavit asserting an exemption with the appropriate officer by the end of the relevant period for the filing of nomination papers. The filing of a false affidavit of exemption shall disqualify a candidate, in addition to other penalties provided by law. Objections to the affidavit asserting an exemption shall be governed by Sections 10-8 through 10-10.1 of the Election Code with the same procedure as objections to certificates of nomination and nomination papers, hearings on objections, and judicial review. If required, failure to file an affidavit asserting an exemption under this Section with nomination papers or failure to otherwise file the affidavit within 30 days after the effective date of this amendatory Act of the 101st General Assembly, whichever is later, or filing a false affidavit asserting an exemption, shall constitute grounds for immediate removal from office by the appropriate authority as provided by law. Exemption (2) of this subsection (b) shall not apply to a person who is a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012.

(b-5) (Blank).

(c) A person is not eligible for the office of alderman of a ward unless that person has resided in the ward that the person seeks to represent, and a person is not eligible for the office of trustee of a district unless that person has resided in the municipality, at least one year next preceding the election or appointment, except as provided in Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.

(d) If a person (i) is a resident of a municipality immediately prior to the active duty military service of that person or that person's spouse, (ii) resides anywhere outside of the municipality during that active duty military service, and (iii) immediately upon completion of that active duty military service is again a resident of the municipality, then the time during which the person resides outside the municipality during the active duty military service is deemed to be time during which the person is a resident of the municipality for purposes of determining the residency requirement under subsection (a).

(Source: P.A. 98-115, eff. 7-29-13; 99-449, eff. 8-24-15.)

Section 20. The School Code is amended by changing Section 10-11 as follows:

(105 ILCS 5/10-11) (from Ch. 122, par. 10-11)

Sec. 10-11. Vacancies. Elective offices become vacant within the meaning of the Act, unless the context indicates otherwise, on the happening of any of the following events, before the expiration of the term of such office:

1. The death of the incumbent.

2. His or her resignation in writing filed with the Secretary or Clerk of the Board.

3. His or her becoming a person under legal disability.

4. His or her ceasing to be an inhabitant of the district for which he or she was elected.

5. His or her conviction of an infamous crime, of any offense involving a violation of official oath, or of a violent crime against a child.

6. His or her removal from office.

7. The decision of a competent tribunal declaring his or her election void.

8. His ceasing to be an inhabitant of a particular area from which he was elected, if the residential requirements contained in Section 10-10.5, 11E-35, or 12-2 of this Code are violated.

No elective office except as herein otherwise provided becomes vacant until the successor of the incumbent of such office has been appointed or elected, as the case may be, and qualified. The successor shall have the same type of residential qualifications as his or her predecessor and, if the residential requirements contained in Section 10-10.5, 11E-35, or 12-2 of this Code apply, the successor, whether elected or appointed by the remaining members or a regional superintendent, shall be an inhabitant of the particular area from which his or her predecessor was elected.

For the purpose of this Section, an elective office does not become vacant if the person previously convicted of an infamous crime: (i) received a pardon for the offense; (ii) has completed the sentence ordered by the court for the offense at least 15 years prior to taking office, has not had another felony criminal conviction in the 15 years following the completion of the sentence, and has submitted to the secretary of the school board prior to taking office or within 30 days of the effective date of this amendatory Act of the 101st General Assembly, whichever is later, a signed affidavit which includes the date of all criminal convictions, the date of completion of any sentences, and an assertion that the person believes he or she qualifies under this exemption; or (iii) is otherwise eligible according to law. An affidavit submitted under item (ii) of this paragraph shall be submitted to the appropriate State's Attorney upon request. However, this paragraph shall not apply to a person who is a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012.

(Source: P.A. 94-1019, eff. 7-10-06.)

Section 25. The Unified Code of Corrections is amended by changing Section 5-5-5 as follows:

(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)

Sec. 5-5-5. Loss and restoration of rights.

(a) Conviction and disposition shall not entail the loss by the defendant of any civil rights, except under this Section and Sections 29-6, and 29-10, and 29-15 of The Election Code, as now or hereafter amended.

(b) A person convicted of a felony shall be ineligible to hold an office created by the Constitution of this State until the completion of his sentence.

(c) A person sentenced to imprisonment shall lose his right to vote until released from imprisonment.

(d) On completion of sentence of imprisonment or upon discharge from probation, conditional discharge or periodic imprisonment, or at any time thereafter, all license rights and privileges granted under the authority of this State which have been revoked or suspended because of conviction of an offense shall be restored unless the authority having jurisdiction of such license rights finds after investigation and hearing that restoration is not in the public interest. This paragraph (d) shall not apply to the suspension or revocation of a license to operate a motor vehicle under the Illinois Vehicle Code.

(e) Upon a person's discharge from incarceration or parole, or upon a person's discharge from probation or at any time thereafter, the committing court may enter an order certifying that the sentence has been satisfactorily completed when the court believes it would assist in the rehabilitation of the person and be consistent with the public welfare. Such order may be entered upon the motion of the defendant or the State or upon the court's own motion.

(f) Upon entry of the order, the court shall issue to the person in whose favor the order has been entered a certificate stating that his behavior after conviction has warranted the issuance of the order.

(g) This Section shall not affect the right of a defendant to collaterally attack his conviction or to rely on it in bar of subsequent proceedings for the same offense.

(h) No application for any license specified in subsection (i) of this Section granted under the authority of this State shall be denied by reason of an eligible offender who has obtained a certificate of relief from disabilities, as defined in Article 5.5 of this Chapter, having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when the finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless:

(1) there is a direct relationship between one or more of the previous criminal offenses and the specific license sought; or

(2) the issuance of the license would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

In making such a determination, the licensing agency shall consider the following factors:

(1) the public policy of this State, as expressed in Article 5.5 of this Chapter, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses;

(2) the specific duties and responsibilities necessarily related to the license being sought;

(3) the bearing, if any, the criminal offenses or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities;

(4) the time which has elapsed since the occurrence of the criminal offense or offenses;

(5) the age of the person at the time of occurrence of the criminal offense or offenses;

(6) the seriousness of the offense or offenses;

(7) any information produced by the person or produced on his or her behalf in regard to his or her rehabilitation and good conduct, including a certificate of relief from disabilities issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified in the certificate; and

(8) the legitimate interest of the licensing agency in protecting property, and the safety and welfare of specific individuals or the general public.

(i) A certificate of relief from disabilities shall be issued only for a license or certification issued under the following Acts:

(1) the Animal Welfare Act; except that a certificate of relief from disabilities may not be granted to provide for the issuance or restoration of a license under the Animal Welfare Act for any person convicted of violating Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane Care for Animals Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012;

(2) the Illinois Athletic Trainers Practice Act;

(3) the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985;

(4) the Boiler and Pressure Vessel Repairer Regulation Act;

(5) the Boxing and Full-contact Martial Arts Act;

(6) the Illinois Certified Shorthand Reporters Act of 1984;

(7) the Illinois Farm Labor Contractor Certification Act;

(8) the Registered Interior Designers Act;

(9) the Illinois Professional Land Surveyor Act of 1989;

(10) the Illinois Landscape Architecture Act of 1989;

(11) the Marriage and Family Therapy Licensing Act;

(12) the Private Employment Agency Act;

(13) the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act;

(14) the Real Estate License Act of 2000;

(15) the Illinois Roofing Industry Licensing Act;

(16) the Professional Engineering Practice Act of 1989;

(17) the Water Well and Pump Installation Contractor's License Act;

(18) the Electrologist Licensing Act;

(19) the Auction License Act;

(20) the Illinois Architecture Practice Act of 1989;

(21) the Dietitian Nutritionist Practice Act;

(22) the Environmental Health Practitioner Licensing Act;

(23) the Funeral Directors and Embalmers Licensing Code;

(24) (blank);

(25) the Professional Geologist Licensing Act;

(26) the Illinois Public Accounting Act; and

(27) the Structural Engineering Practice Act of 1989.

(Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)

Section 99. Effective date. This Act takes effect upon becoming law.