Illinois General Assembly - Bill Status for HB1268
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 Bill Status of HB1268  103rd General Assembly

Short Description:  PROBATE-EXECUTOR

House Sponsors
Rep. Lakesia Collins - Daniel Didech - Carol Ammons - Sonya M. Harper, Dagmara Avelar, Lilian Jiménez, Theresa Mah, Barbara Hernandez, Maurice A. West, II, Eva-Dina Delgado, Mary E. Flowers, Edgar Gonzalez, Jr., Norma Hernandez, Angelica Guerrero-Cuellar, Kam Buckner, Jonathan Carroll, Kevin John Olickal, Matt Hanson, Anne Stava-Murray, Sharon Chung, La Shawn K. Ford, Mary Gill and Camille Y. Lilly

Senate Sponsors
(Sen. Adriane Johnson - Doris Turner - Mary Edly-Allen - Willie Preston, Michael W. Halpin, Kimberly A. Lightford and Robert Peters)

Last Action
DateChamber Action
  8/1/2023HousePublic Act . . . . . . . . . 103-0280

Statutes Amended In Order of Appearance
755 ILCS 5/6-13from Ch. 110 1/2, par. 6-13


Synopsis As Introduced
Amends the Probate Act of 1975. Provides that a person who has been convicted of a felony is qualified to act as an executor if: (i) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony; and (ii) the person is otherwise qualified to act as an executor.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Amends the Probate Act of 1975. In addition to the requirements needed to qualify to act as an executor, requires the person to not be currently incarcerated in State or federal prison. Provides that a person who has been convicted of a felony is qualified to act as an executor if: (i) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony prior to the execution of the will or codicil; (ii) the person is not prohibited by law from receiving a share of the testator's estate; and (iii) the person is otherwise qualified to act as an executor.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following change: Provides that the person who has been convicted of a felony is qualified to act as an executor if, among other requirements, the felony is a financial crime and the testator is aware that the felony is financial in nature.

Senate Committee Amendment No. 2
Provides that a person who has been convicted of a felony is qualified to act as an executor if, among other criteria, the person was not previously convicted of financial exploitation of an elderly person or a person with a disability, financial identity theft, or a similar crime in another state or in federal court.

Senate Floor Amendment No. 4
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following change. Provides that a person who has been convicted of a felony is qualified to act as an executor if, among other criteria, the person was not previously convicted of financial exploitation of an elderly person or a person with a disability, financial identity theft, or a similar crime in another state or in federal court.

Actions 
DateChamber Action
  1/19/2023HouseFiled with the Clerk by Rep. Lakesia Collins
  1/20/2023HouseAdded Chief Co-Sponsor Rep. Daniel Didech
  1/31/2023HouseFirst Reading
  1/31/2023HouseReferred to Rules Committee
  2/21/2023HouseAssigned to Judiciary - Civil Committee
  2/23/2023HouseAdded Chief Co-Sponsor Rep. Carol Ammons
  2/28/2023HouseAdded Co-Sponsor Rep. Dagmara Avelar
  3/1/2023HouseDo Pass / Short Debate Judiciary - Civil Committee; 011-003-000
  3/1/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/3/2023HouseAdded Co-Sponsor Rep. Lilian Jiménez
  3/3/2023HouseAdded Co-Sponsor Rep. Lilian Jiménez
  3/6/2023HouseAdded Co-Sponsor Rep. Barbara Hernandez
  3/9/2023HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Lakesia Collins
  3/9/2023HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/14/2023HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  3/15/2023HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Lakesia Collins
  3/15/2023HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/15/2023HouseAdded Co-Sponsor Rep. Maurice A. West, II
  3/15/2023HouseAdded Co-Sponsor Rep. Eva-Dina Delgado
  3/15/2023HouseAdded Co-Sponsor Rep. Mary E. Flowers
  3/15/2023HouseAdded Co-Sponsor Rep. Edgar Gonzalez, Jr.
  3/15/2023HouseAdded Co-Sponsor Rep. Norma Hernandez
  3/16/2023HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  3/16/2023HouseAdded Co-Sponsor Rep. Angelica Guerrero-Cuellar
  3/17/2023HouseAdded Co-Sponsor Rep. Kam Buckner
  3/22/2023HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 010-002-000
  3/22/2023HouseHouse Floor Amendment No. 2 Adopted
  3/22/2023HouseSecond Reading - Short Debate
  3/22/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2023HouseThird Reading - Short Debate - Passed 081-026-000
  3/23/2023HouseHouse Floor Amendment No. 1 Tabled
  3/23/2023HouseAdded Chief Co-Sponsor Rep. Sonya M. Harper
  3/24/2023SenateArrive in Senate
  3/24/2023SenatePlaced on Calendar Order of First Reading
  3/24/2023SenateChief Senate Sponsor Sen. Adriane Johnson
  3/24/2023SenateFirst Reading
  3/24/2023SenateReferred to Assignments
  4/25/2023SenateAssigned to Judiciary
  4/26/2023SenateAdded as Alternate Co-Sponsor Sen. Michael W. Halpin
  4/26/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Adriane Johnson
  4/26/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/27/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Doris Turner
  4/28/2023SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  4/28/2023SenateRule 2-10 Committee Deadline Established As May 6, 2023
  5/2/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/2/2023SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Adriane Johnson
  5/2/2023SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/2/2023SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  5/2/2023SenateSenate Committee Amendment No. 1 Adopted; Judiciary
  5/2/2023SenateSenate Committee Amendment No. 2 Adopted; Judiciary
  5/3/2023SenateDo Pass as Amended Judiciary; 006-000-000
  5/3/2023SenatePlaced on Calendar Order of 2nd Reading May 4, 2023
  5/4/2023SenateSecond Reading
  5/4/2023SenatePlaced on Calendar Order of 3rd Reading May 5, 2023
  5/5/2023SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Adriane Johnson
  5/5/2023SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/8/2023SenateAdded as Alternate Co-Sponsor Sen. Robert Peters
  5/8/2023SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Adriane Johnson
  5/8/2023SenateSenate Floor Amendment No. 4 Referred to Assignments
  5/9/2023SenateSenate Floor Amendment No. 4 Be Approved for Consideration Assignments
  5/9/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Mary Edly-Allen
  5/10/2023SenateSenate Floor Amendment No. 3 Pursuant to Senate Rule 3-8 (b-1), the following amendment will remain in the Committee on Assignments.
  5/11/2023SenateRecalled to Second Reading
  5/11/2023SenateSenate Floor Amendment No. 4 Adopted; Johnson
  5/11/2023SenatePlaced on Calendar Order of 3rd Reading
  5/11/2023SenateThird Reading - Passed; 043-008-000
  5/11/2023SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  5/11/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Willie Preston
  5/11/2023HouseArrived in House
  5/11/2023HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2, 4
  5/15/2023HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Lakesia Collins
  5/15/2023HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Lakesia Collins
  5/15/2023HouseSenate Floor Amendment No. 4 Motion Filed Concur Rep. Lakesia Collins
  5/15/2023HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/15/2023HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/15/2023HouseSenate Floor Amendment No. 4 Motion to Concur Referred to Rules Committee
  5/17/2023HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/17/2023HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/17/2023HouseSenate Floor Amendment No. 4 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/18/2023HouseAdded Co-Sponsor Rep. Jonathan Carroll
  5/18/2023HouseAdded Co-Sponsor Rep. Kevin John Olickal
  5/18/2023HouseAdded Co-Sponsor Rep. Matt Hanson
  5/18/2023HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  5/18/2023HouseAdded Co-Sponsor Rep. Sharon Chung
  5/18/2023HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  5/18/2023HouseAdded Co-Sponsor Rep. Mary Gill
  5/18/2023HouseSenate Committee Amendment No. 1 House Concurs 080-034-000
  5/18/2023HouseSenate Committee Amendment No. 2 House Concurs 080-034-000
  5/18/2023HouseSenate Floor Amendment No. 4 House Concurs 080-034-000
  5/18/2023HouseHouse Concurs
  5/18/2023HousePassed Both Houses
  5/18/2023HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  6/16/2023HouseSent to the Governor
  7/28/2023HouseGovernor Approved
  7/28/2023HouseEffective Date January 1, 2024
  8/1/2023HousePublic Act . . . . . . . . . 103-0280

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