SB0225eng 100TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 25-2 and 29-15 as follows:
 
6    (10 ILCS 5/25-2)  (from Ch. 46, par. 25-2)
7    Sec. 25-2. Events on which an elective office becomes
8vacant. Every elective office shall become vacant on the
9happening of any of the following events before the expiration
10of the term of such office:
11        (1) The death of the incumbent.
12        (2) His or her resignation.
13        (3) His or her becoming a person under legal
14    disability.
15        (4) His or her ceasing to be an inhabitant of the
16    State; or if the office is local, his or her ceasing to be
17    an inhabitant of the district, county, town, or precinct
18    for which he or she was elected; provided, that the
19    provisions of this paragraph shall not apply to township
20    officers whose township boundaries are changed in
21    accordance with Section 10-20 of the Township Code, to a
22    township officer after disconnection as set forth in
23    Section 15-17 of the Township Code, nor to township or

 

 

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1    multi-township assessors elected under Sections 2-5
2    through 2-15 of the Property Tax Code.
3        (5) His or her conviction of an infamous crime, or of
4    any offense involving a violation of official oath.
5        (6) His or her removal from office.
6        (7) His or her refusal or neglect to take his or her
7    oath of office, or to give or renew his or her official
8    bond, or to deposit or file such oath or bond within the
9    time prescribed by law.
10        (8) The decision of a competent tribunal declaring his
11    or her election void.
12    No elective office, except as herein otherwise provided,
13shall become vacant until the successor of the incumbent of
14such office has been appointed or elected, as the case may be,
15and qualified.
16    An unconditional resignation, effective at a future date,
17may not be withdrawn after it is received by the officer
18authorized to fill the vacancy. Such resignation shall create a
19vacancy in office for the purpose of determining the time
20period which would require an election. The resigning office
21holder may continue to hold such office until the date or event
22specified in such resignation, but no later than the date at
23which his or her successor is elected and qualified.
24    An admission of guilt of a criminal offense that would,
25upon conviction, disqualify the holder of an elective office
26from holding that office, in the form of a written agreement

 

 

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1with State or federal prosecutors to plead guilty to a felony,
2bribery, perjury, or other infamous crime under State or
3federal law, shall constitute a resignation from that office,
4effective at the time the plea agreement is made.
5    For purposes of this Section, a conviction for an offense
6that disqualifies the holder of an elective office from holding
7that office shall occur on the date of the return of a guilty
8verdict or, in the case of a trial by the court, the entry of a
9finding of guilt.
10    For the purposes of this Section, an elective office does
11not become vacant if the person previously convicted of an
12infamous crime: (i) received a pardon for the offense or the
13right of the person to hold elective office has been otherwise
14restored by executive or judicial action; (ii) has completed
15the sentence ordered by the court for the offense at least 15
16years prior to taking office, has not had another felony
17criminal conviction in the 15 years following the completion of
18the sentence, and, prior to taking office or within 30 days
19after the effective date of this amendatory Act of the 100th
20General Assembly (including individuals and candidates elected
21at the last preceding election after the effective date of this
22paragraph), whichever is later, has submitted to the
23appropriate election authority a signed and sworn affidavit
24which includes the date of all criminal convictions, the date
25of completion of any sentences, and an assertion that the
26person believes he or she qualifies under this exemption; or

 

 

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1(iii) is otherwise eligible according to law. An affidavit
2submitted under item (ii) of this paragraph shall also be
3submitted to the appropriate State's Attorney's Office.
4However, this paragraph shall not apply to a person who is a
5child sex offender as defined in Section 11-9.3 of the Criminal
6Code of 2012.
7    This Section does not apply to any elected or appointed
8officers or officials of any municipality having a population
9under 500,000.
10(Source: P.A. 94-529, eff. 8-10-05; 95-646, eff. 1-1-08.)
 
11    (10 ILCS 5/29-15)  (from Ch. 46, par. 29-15)
12    Sec. 29-15. Conviction deemed infamous. Any person
13convicted of an infamous crime as such term is defined in
14Section 124-1 of the Code of Criminal Procedure of 1963, as
15amended, shall thereafter be prohibited from holding any office
16of honor, trust, or profit, unless: (1) that person's right to
17hold elective office has been restored by the terms of a pardon
18for the offense, or by executive or judicial action; (2) that
19person has completed the sentence ordered by the court for the
20offense at least 15 years prior to taking office, has not had
21another felony criminal conviction in the 15 years following
22the completion of the sentence, and has submitted to the
23appropriate election authority a signed and sworn affidavit
24which includes the date of all criminal convictions, the date
25of completion of any sentences, and an assertion that the

 

 

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1person believes he or she qualifies under this exemption; or
2(3) that person is otherwise eligible according to law such
3person is again restored to such rights by the terms of a
4pardon for the offense or otherwise according to law.
5    Any person seeking office under exemption (2) of this
6Section must submit, with his or her nomination papers, a
7signed affidavit asserting that exemption. No candidate
8required to file the affidavit under this Section shall qualify
9as a candidate for election or nomination unless he or she
10files the affidavit asserting an exemption with the appropriate
11officer by the end of the period for the filing of nomination
12papers. A person seeking election or nomination as a write-in
13candidate who would otherwise be required to file an affidavit
14under exemption (2) of this Section shall file the affidavit
15with his or her declaration of intent to be a write-in
16candidate. The filing of a false affidavit of exemption shall
17disqualify a candidate or officeholder in addition to other
18penalties provided by law. Objections to the affidavit
19asserting an exemption shall be governed by Sections 10-8
20through 10-10.1 of the Election Code with the same procedures
21as objections to certificates of nomination and nomination
22papers, hearings on objections, and judicial review. If
23required, failure to file an affidavit asserting an exemption
24under this Section with nomination papers or failure to
25otherwise file the affidavit within 30 days after the effective
26date of this amendatory Act of the 100th General Assembly,

 

 

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1whichever is later, or filing a false affidavit asserting an
2exemption, shall constitute grounds for immediate removal from
3office by the appropriate authority as provided by law.
4Exemption (2) of this Section shall not apply to a person who
5is a child sex offender as defined in Section 11-9.3 of the
6Criminal Code of 2012.
7(Source: P.A. 83-1097.)
 
8    Section 10. The Township Code is amended by changing
9Section 55-6 as follows:
 
10    (60 ILCS 1/55-6)
11    Sec. 55-6. Criminal conviction. A person is not eligible to
12hold any office if that person, at the time required for taking
13the oath of office, has been convicted in any court located in
14the United States of any infamous crime, bribery, perjury, or
15other felony unless: (1) that person's right to hold elective
16office has been restored by the terms of a pardon for the
17offense, or by executive or judicial action; (2) that person
18has completed the sentence ordered by the court for the offense
19at least 15 years prior to taking office, has not had another
20felony criminal conviction in the 15 years following the
21completion of the sentence, and has submitted to the
22appropriate election authority a signed and sworn affidavit
23which includes the date of all criminal convictions, the date
24of completion of any sentences, and an assertion that the

 

 

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1person believes he or she qualifies under this exemption; or
2(3) is otherwise eligible according to law.
3    The person seeking office under exemption (2) of this
4Section must submit, with his or her nomination papers, a
5signed affidavit asserting that exemption. No candidate
6required to file the affidavit under this Section shall qualify
7as a candidate for election or nomination unless he or she
8files the affidavit asserting an exemption with the appropriate
9officer by the end of the relevant period for the filing of
10nomination papers. The filing of a false affidavit of exemption
11shall disqualify a candidate, in addition to other penalties
12provided by law. Objections to the affidavit asserting an
13exemption shall be governed by Sections 10-8 through 10-10.1 of
14the Election Code with the same procedure as objections to
15certificates of nomination and nomination papers, hearings on
16objections, and judicial review. If required, failure to file
17an affidavit asserting an exemption under this Section with
18nomination papers or failure to otherwise file the affidavit
19within 30 days after the effective date of this amendatory Act
20of the 100th General Assembly, whichever is later, or filing a
21false affidavit asserting an exemption, shall constitute
22grounds for immediate removal from office by the appropriate
23authority as provided by law. Exemption (2) of this Section
24shall not apply to a person who is a child sex offender as
25defined in Section 11-9.3 of the Criminal Code of 2012.
26(Source: P.A. 99-546, eff. 7-15-16.)
 

 

 

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1    Section 15. The Illinois Municipal Code is amended by
2changing Section 3.1-10-5 as follows:
 
3    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
4    Sec. 3.1-10-5. Qualifications; elective office.
5    (a) A person is not eligible for an elective municipal
6office unless that person is a qualified elector of the
7municipality and has resided in the municipality at least one
8year next preceding the election or appointment, except as
9provided in Section 3.1-20-25, subsection (b) of Section
103.1-25-75, Section 5-2-2, or Section 5-2-11.
11    (b) A person is not eligible to take the oath of office for
12a municipal office if that person is, at the time required for
13taking the oath of office, in arrears in the payment of a tax
14or other indebtedness due to the municipality or has been
15convicted in any court located in the United States of any
16infamous crime, bribery, perjury, or other felony unless: (1)
17that person's right to hold elective office has been restored
18by the terms of a pardon for the offense, or by executive or
19judicial action; (2) that person has completed the sentence
20ordered by the court for the offense at least 15 years prior to
21taking office, has not had another felony criminal conviction
22in the 15 years following the completion of the sentence, and
23has submitted to the appropriate election authority a signed
24and sworn affidavit which includes the date of all criminal

 

 

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1convictions, the date of completion of any sentences, and an
2assertion that the person believes he or she qualifies under
3this exemption; or (3) is otherwise eligible according to law.
4    The person seeking office under exemption (2) of this
5subsection (b) must submit, with his or her nomination papers,
6a signed affidavit asserting that exemption. No candidate
7required to file the affidavit under this Section shall qualify
8as a candidate for election or nomination unless he or she
9files the affidavit asserting an exemption with the appropriate
10officer by the end of the relevant period for the filing of
11nomination papers. The filing of a false affidavit of exemption
12shall disqualify a candidate, in addition to other penalties
13provided by law. Objections to the affidavit asserting an
14exemption shall be governed by Sections 10-8 through 10-10.1 of
15the Election Code with the same procedure as objections to
16certificates of nomination and nomination papers, hearings on
17objections, and judicial review. If required, failure to file
18an affidavit asserting an exemption under this Section with
19nomination papers or failure to otherwise file the affidavit
20within 30 days after the effective date of this amendatory Act
21of the 100th General Assembly, whichever is later, or filing a
22false affidavit asserting an exemption, shall constitute
23grounds for immediate removal from office by the appropriate
24authority as provided by law. Exemption (2) of this subsection
25(b) shall not apply to a person who is a child sex offender as
26defined in Section 11-9.3 of the Criminal Code of 2012.

 

 

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1    (b-5) (Blank).
2    (c) A person is not eligible for the office of alderman of
3a ward unless that person has resided in the ward that the
4person seeks to represent, and a person is not eligible for the
5office of trustee of a district unless that person has resided
6in the municipality, at least one year next preceding the
7election or appointment, except as provided in Section
83.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
9or Section 5-2-11.
10    (d) If a person (i) is a resident of a municipality
11immediately prior to the active duty military service of that
12person or that person's spouse, (ii) resides anywhere outside
13of the municipality during that active duty military service,
14and (iii) immediately upon completion of that active duty
15military service is again a resident of the municipality, then
16the time during which the person resides outside the
17municipality during the active duty military service is deemed
18to be time during which the person is a resident of the
19municipality for purposes of determining the residency
20requirement under subsection (a).
21(Source: P.A. 98-115, eff. 7-29-13; 99-449, eff. 8-24-15.)
 
22    Section 20. The School Code is amended by changing Section
2310-11 as follows:
 
24    (105 ILCS 5/10-11)  (from Ch. 122, par. 10-11)

 

 

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1    Sec. 10-11. Vacancies. Elective offices become vacant
2within the meaning of the Act, unless the context indicates
3otherwise, on the happening of any of the following events,
4before the expiration of the term of such office:
5        1. The death of the incumbent.
6        2. His or her resignation in writing filed with the
7    Secretary or Clerk of the Board.
8        3. His or her becoming a person under legal disability.
9        4. His or her ceasing to be an inhabitant of the
10    district for which he or she was elected.
11        5. His or her conviction of an infamous crime, of any
12    offense involving a violation of official oath, or of a
13    violent crime against a child.
14        6. His or her removal from office.
15        7. The decision of a competent tribunal declaring his
16    or her election void.
17        8. His ceasing to be an inhabitant of a particular area
18    from which he was elected, if the residential requirements
19    contained in Section 10-10.5, 11E-35, or 12-2 of this Code
20    are violated.
21    No elective office except as herein otherwise provided
22becomes vacant until the successor of the incumbent of such
23office has been appointed or elected, as the case may be, and
24qualified. The successor shall have the same type of
25residential qualifications as his or her predecessor and, if
26the residential requirements contained in Section 10-10.5,

 

 

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111E-35, or 12-2 of this Code apply, the successor, whether
2elected or appointed by the remaining members or a regional
3superintendent, shall be an inhabitant of the particular area
4from which his or her predecessor was elected.
5    For the purpose of this Section, an elective office does
6not become vacant if the person previously convicted of an
7infamous crime: (i) received a pardon for the offense; (ii) has
8completed the sentence ordered by the court for the offense at
9least 15 years prior to taking office, has not had another
10felony criminal conviction in the 15 years following the
11completion of the sentence, and has submitted to the secretary
12of the school board prior to taking office or within 30 days of
13the effective date of this amendatory Act of the 100th General
14Assembly, whichever is later, a signed affidavit which includes
15the date of all criminal convictions, the date of completion of
16any sentences, and an assertion that the person believes he or
17she qualifies under this exemption; or (iii) is otherwise
18eligible according to law. An affidavit submitted under item
19(ii) of this paragraph shall be submitted to the appropriate
20State's Attorney upon request. However, this paragraph shall
21not apply to a person who is a child sex offender as defined in
22Section 11-9.3 of the Criminal Code of 2012.
23(Source: P.A. 94-1019, eff. 7-10-06.)
 
24    Section 25. The Unified Code of Corrections is amended by
25changing Section 5-5-5 as follows:
 

 

 

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1    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
2    Sec. 5-5-5. Loss and Restoration of Rights.
3    (a) Conviction and disposition shall not entail the loss by
4the defendant of any civil rights, except under this Section
5and Sections 29-6, and 29-10, and 29-15 of The Election Code,
6as now or hereafter amended.
7    (b) A person convicted of a felony shall be ineligible to
8hold an office created by the Constitution of this State until
9the completion of his sentence.
10    (c) A person sentenced to imprisonment shall lose his right
11to vote until released from imprisonment.
12    (d) On completion of sentence of imprisonment or upon
13discharge from probation, conditional discharge or periodic
14imprisonment, or at any time thereafter, all license rights and
15privileges granted under the authority of this State which have
16been revoked or suspended because of conviction of an offense
17shall be restored unless the authority having jurisdiction of
18such license rights finds after investigation and hearing that
19restoration is not in the public interest. This paragraph (d)
20shall not apply to the suspension or revocation of a license to
21operate a motor vehicle under the Illinois Vehicle Code.
22    (e) Upon a person's discharge from incarceration or parole,
23or upon a person's discharge from probation or at any time
24thereafter, the committing court may enter an order certifying
25that the sentence has been satisfactorily completed when the

 

 

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1court believes it would assist in the rehabilitation of the
2person and be consistent with the public welfare. Such order
3may be entered upon the motion of the defendant or the State or
4upon the court's own motion.
5    (f) Upon entry of the order, the court shall issue to the
6person in whose favor the order has been entered a certificate
7stating that his behavior after conviction has warranted the
8issuance of the order.
9    (g) This Section shall not affect the right of a defendant
10to collaterally attack his conviction or to rely on it in bar
11of subsequent proceedings for the same offense.
12    (h) No application for any license specified in subsection
13(i) of this Section granted under the authority of this State
14shall be denied by reason of an eligible offender who has
15obtained a certificate of relief from disabilities, as defined
16in Article 5.5 of this Chapter, having been previously
17convicted of one or more criminal offenses, or by reason of a
18finding of lack of "good moral character" when the finding is
19based upon the fact that the applicant has previously been
20convicted of one or more criminal offenses, unless:
21        (1) there is a direct relationship between one or more
22    of the previous criminal offenses and the specific license
23    sought; or
24        (2) the issuance of the license would involve an
25    unreasonable risk to property or to the safety or welfare
26    of specific individuals or the general public.

 

 

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1    In making such a determination, the licensing agency shall
2consider the following factors:
3        (1) the public policy of this State, as expressed in
4    Article 5.5 of this Chapter, to encourage the licensure and
5    employment of persons previously convicted of one or more
6    criminal offenses;
7        (2) the specific duties and responsibilities
8    necessarily related to the license being sought;
9        (3) the bearing, if any, the criminal offenses or
10    offenses for which the person was previously convicted will
11    have on his or her fitness or ability to perform one or
12    more such duties and responsibilities;
13        (4) the time which has elapsed since the occurrence of
14    the criminal offense or offenses;
15        (5) the age of the person at the time of occurrence of
16    the criminal offense or offenses;
17        (6) the seriousness of the offense or offenses;
18        (7) any information produced by the person or produced
19    on his or her behalf in regard to his or her rehabilitation
20    and good conduct, including a certificate of relief from
21    disabilities issued to the applicant, which certificate
22    shall create a presumption of rehabilitation in regard to
23    the offense or offenses specified in the certificate; and
24        (8) the legitimate interest of the licensing agency in
25    protecting property, and the safety and welfare of specific
26    individuals or the general public.

 

 

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1    (i) A certificate of relief from disabilities shall be
2issued only for a license or certification issued under the
3following Acts:
4        (1) the Animal Welfare Act; except that a certificate
5    of relief from disabilities may not be granted to provide
6    for the issuance or restoration of a license under the
7    Animal Welfare Act for any person convicted of violating
8    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
9    Care for Animals Act or Section 26-5 or 48-1 of the
10    Criminal Code of 1961 or the Criminal Code of 2012;
11        (2) the Illinois Athletic Trainers Practice Act;
12        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
13    and Nail Technology Act of 1985;
14        (4) the Boiler and Pressure Vessel Repairer Regulation
15    Act;
16        (5) the Boxing and Full-contact Martial Arts Act;
17        (6) the Illinois Certified Shorthand Reporters Act of
18    1984;
19        (7) the Illinois Farm Labor Contractor Certification
20    Act;
21        (8) the Interior Design Title Act;
22        (9) the Illinois Professional Land Surveyor Act of
23    1989;
24        (10) the Illinois Landscape Architecture Act of 1989;
25        (11) the Marriage and Family Therapy Licensing Act;
26        (12) the Private Employment Agency Act;

 

 

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1        (13) the Professional Counselor and Clinical
2    Professional Counselor Licensing and Practice Act;
3        (14) the Real Estate License Act of 2000;
4        (15) the Illinois Roofing Industry Licensing Act;
5        (16) the Professional Engineering Practice Act of
6    1989;
7        (17) the Water Well and Pump Installation Contractor's
8    License Act;
9        (18) the Electrologist Licensing Act;
10        (19) the Auction License Act;
11        (20) the Illinois Architecture Practice Act of 1989;
12        (21) the Dietitian Nutritionist Practice Act;
13        (22) the Environmental Health Practitioner Licensing
14    Act;
15        (23) the Funeral Directors and Embalmers Licensing
16    Code;
17        (24) (blank);
18        (25) the Professional Geologist Licensing Act;
19        (26) the Illinois Public Accounting Act; and
20        (27) the Structural Engineering Practice Act of 1989.
21(Source: P.A. 100-534, eff. 9-22-17.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.