Rep. Mark Batinick
Filed: 3/11/2021
 
 

 

 

 
10200HB0447ham001LRB102 10860 RPS 22852 a



1
AMENDMENT TO HOUSE BILL 447 




2    AMENDMENT NO. ______. Amend House Bill 447 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Illinois Pension Code is amended  by adding 
5Section 1-170 as follows:
 
6    (40 ILCS 5/1-170 new)
7    Sec. 1-170. Forfeiture of pension benefits for 
8disqualifying offenses. Notwithstanding any other provision of 
9this Code, none of the benefits provided for in this Code shall 
10be paid to any person who first becomes a member or participant 
11under any Article of this Code on or after the effective date 
12of this amendatory Act of the 102nd General Assembly and  is 
13convicted of a disqualifying offense.
14    With respect to benefits attributable to a member or 
15participant who first becomes a member or participant under 
16any Article of this Code on or after the effective date of this 
 
 
10200HB0447ham001- 2 -LRB102 10860 RPS 22852 a

1amendatory Act of the 102nd General Assembly, none of the 
2benefits provided for in this Code shall be paid to any person 
3who otherwise would receive a survivor benefit who is 
4convicted of a disqualifying offense.
5    This Section shall not preclude a right to a refund and 
6shall not impair any contract or vested right acquired by a 
7participant, member, or  survivor prior to the effective date 
8of this amendatory Act of the 102nd General Assembly.
9    All persons entering service under any Article of this 
10Code on or after the effective date of this amendatory Act of 
11the 102nd General Assembly shall be deemed to have consented 
12to the provisions of this Section as a condition of 
13participation.
14    This Section is an additional cause for forfeiture of 
15benefits under this Code and does not limit the causes for 
16forfeiture of benefits in any Article of this Code.
17    In this Section, "disqualifying offense" means any of the 
18following offenses set forth in the Criminal Code of 1961 or 
19the Criminal Code of 2012 or any substantially similar offense 
20in federal law, the Uniform Code of Military Justice, or state 
21law:
22        (1) Indecent solicitation of a child.
23        (2) Sexual exploitation of a child.
24        (3) Custodial sexual misconduct.
25        (4) Exploitation of a child.
26        (5) Child pornography.
 
 
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1        (6) Aggravated child pornography.
2        (7) First degree murder.
3        (8) Second degree murder.
4        (9) Predatory criminal sexual assault of a child.
5        (10) Aggravated criminal sexual assault.
6        (11) Criminal sexual assault.
7        (12) Aggravated kidnaping.
8        (13) Aggravated battery resulting in great bodily harm 
9    or permanent disability or disfigurement.
 

10    Section 99. Effective date. This Act takes effect upon 
11becoming law.".