SB0023 99TH GENERAL ASSEMBLY

LRB099 05457 HEP 25492 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0023

Introduced 1/15/2015, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

705 ILCS 205/2

from Ch. 13, par. 2

Amends the Attorney Act. Deletes language providing that no person shall be entitled to receive a license to practice law unless the person is a citizen of the United States or unless the person has made a declaration of intention to become a citizen or unless, having made such declaration of intention, he or she has filed a petition for naturalization within thirty days after becoming eligible to do so and until he shall have obtained a certificate of good moral character from a circuit court. Provides instead that no person shall be prohibited from receiving a license solely because he or she is not a citizen of the United States. Provides that the Illinois Supreme Court may grant a license to a person who, in addition to fulfilling the requirements to practice law within this State, satisfies the following requirements: (1) the United States Department of Homeland Security has approved the person's request for Deferred Action for Childhood Arrivals; (2) the person's Deferred Action for Childhood Arrivals has not expired or has been properly renewed; and (3) the person has a current and valid employment authorization document issued by the United States Citizenship and Immigration Service. Provides that the provisions concerning the issuance of a license to a person granted Deferred Action for Childhood Arrivals is a state law for purposes of the federal statute governing the eligibility of nonresident aliens for state and local public benefits. Requests that the Illinois Supreme Court promulgate any orders or rules necessary to implement the amendatory Act.

A BILL FOR

AN ACT concerning courts.

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

Section 5. The Attorney Act is amended by changing Section 2 as follows:

(705 ILCS 205/2) (from Ch. 13, par. 2)

Sec. 2. Licensing of noncitizens.

(a) No person shall be prohibited from receiving a license solely because he or she is not a citizen of the United States entitled to receive a license as aforesaid unless he is a citizen of the United States or unless he has made a declaration of intention to become a citizen or unless, having made such declaration of intention, he has filed a petition for naturalization within thirty days after becoming eligible to do so and until he shall have obtained a certificate of his good moral character from a circuit court.

(b) The Supreme Court of this State may grant a license to a person who, in addition to fulfilling the requirements to practice law within this State, satisfies the following requirements:

(1) the United States Department of Homeland Security has approved the person's request for Deferred Action for Childhood Arrivals;

(2) the person's Deferred Action for Childhood Arrivals has not expired or has been properly renewed; and

(3) the person has a current and valid employment authorization document issued by the United States Citizenship and Immigration Service.

The General Assembly finds and declares that this subsection (b) is a state law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.

(c) The Illinois Supreme Court is respectfully requested to promulgate any orders or rules necessary to implement this amendatory Act of the 99th General Assembly.

(Source: P.A. 79-1361.)