Full Text of HB0351 103rd General Assembly
HB0351enr 103RD GENERAL ASSEMBLY | | | HB0351 Enrolled | | LRB103 03878 AWJ 48884 b |
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| 1 | | AN ACT concerning elections. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 3. The Illinois Notary Public Act is amended by | 5 | | changing Section 3-107 as follows: | 6 | | (5 ILCS 312/3-107) | 7 | | (This Section may contain text from a Public Act with a | 8 | | delayed effective date ) | 9 | | Sec. 3-107. Journal. | 10 | | (a) A notary public or an electronic notary public shall | 11 | | keep a journal of each notarial act or electronic notarial act | 12 | | which includes, without limitation, the requirements set by | 13 | | the Secretary of State in administrative rule, but shall not | 14 | | include any electronic signatures of the person for whom an | 15 | | electronic notarial act was performed or any witnesses. | 16 | | (b) The Secretary of State shall adopt administrative | 17 | | rules that set forth, at a minimum: | 18 | | (1) the information to be recorded for each | 19 | | notarization or electronic notarization; | 20 | | (2) the period during which the notary public or | 21 | | electronic notary public must maintain the journal; and | 22 | | (3) the minimum security requirements for protecting | 23 | | the information in the journal and access to the contents |
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| 1 | | of the journal. | 2 | | (c) A notary or electronic notary may maintain his or her | 3 | | journal in either paper form or electronic form and may | 4 | | maintain more than one journal or electronic journal to record | 5 | | notarial acts or electronic notarial acts. | 6 | | (d) The fact that the employer or contractor of a notary or | 7 | | electronic notary public keeps a record of notarial acts or | 8 | | electronic notarial acts does not relieve the notary public of | 9 | | the duties required by this Section. A notary public or | 10 | | electronic notary public shall not surrender the journal to an | 11 | | employer upon termination of employment and an employer shall | 12 | | not retain the journal of an employee when the employment of | 13 | | the notary public or electronic notary public ceases. | 14 | | (e) If the journal of a notary public or electronic notary | 15 | | public is lost, stolen, or compromised, the notary or | 16 | | electronic notary shall notify the Secretary of State within | 17 | | 10 business days after the discovery of the loss, theft, or | 18 | | breach of security. | 19 | | (f) Notwithstanding any other provision of this Section or | 20 | | any rules adopted under this Section, neither a notary public | 21 | | nor an electronic notary public is required to keep a journal | 22 | | of or to otherwise record in a journal a notarial act or an | 23 | | electronic notarial act if that act is performed on any of the | 24 | | following documents to be filed by or on behalf of a candidate | 25 | | for public office: | 26 | | (1) nominating petitions; |
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| 1 | | (2) petitions of candidacy; | 2 | | (3) petitions for nomination; | 3 | | (4) nominating papers; or | 4 | | (5) nomination papers. | 5 | | The exemption under this subsection (f) applies regardless | 6 | | of whether the notarial act or electronic notarial act is | 7 | | performed on the documents described in paragraphs (1) through | 8 | | (5) of this subsection before, on, or after the effective date | 9 | | of this amendatory Act of the 103rd General Assembly, and the | 10 | | failure of a notary public or an electronic notary public to | 11 | | keep a journal of or to otherwise record such an act does not | 12 | | affect the validity of the notarial act on that document and is | 13 | | not a violation of this Act. As used in this subsection (f), | 14 | | "public office" has the meaning given in Section 9-1.10 of the | 15 | | Election Code. | 16 | | (Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for | 17 | | effective date of P.A. 102-160).) | 18 | | Section 5. The Election Code is amended by adding Section | 19 | | 1-20.1 as follows: | 20 | | (10 ILCS 5/1-20.1 new) | 21 | | Sec. 1-20.1. Task Force to Review Eligibility to Hold | 22 | | Public Office. | 23 | | (a) The Task Force to Review Eligibility to Hold Public | 24 | | Office is created. The purpose of the Task Force is to review |
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| 1 | | what criminal conduct precludes a person from holding public | 2 | | office in this State and to make recommendations as to what | 3 | | criminal conduct should preclude an individual from holding | 4 | | public office. | 5 | | (b) The Task Force shall be comprised of the following | 6 | | members: | 7 | | (1) The president of a statewide bar association or | 8 | | his or her designee, the executive director of a statewide | 9 | | association advocating for the advancement of civil | 10 | | liberties or his or her designee, an executive director of | 11 | | a legal aid organization or statewide association with a | 12 | | practice group dedicated to or focused on returning | 13 | | citizen expungements and sealing of criminal records, all | 14 | | appointed by the Governor. | 15 | | (2) 4 members of the public, one appointed by each of | 16 | | the following: the Speaker of the House of | 17 | | Representatives; the Minority Leader of the House of | 18 | | Representatives; the President of the Senate; and the | 19 | | Minority Leader of the Senate. | 20 | | (3) 2 individuals who have been formerly incarcerated, | 21 | | appointed by the Governor. | 22 | | (4) The Attorney General or his or her designee. | 23 | | (5) 2 individuals from the Illinois Sentencing Policy | 24 | | Advisory Council appointed by the Executive Director. | 25 | | (6) 2 State Representatives appointed by the Speaker | 26 | | of the House of Representatives; 2 State Representatives |
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| 1 | | appointed by the Minority Leader of the House of | 2 | | Representatives; 2 State Senators appointed by the | 3 | | President of the Senate; 2 State Senators appointed by the | 4 | | Minority Leader of the Senate. | 5 | | The members of the Task Force shall serve without | 6 | | compensation. All appointments under this subsection must be | 7 | | made within 30 days after the effective date of this | 8 | | amendatory Act of the 103rd General Assembly. | 9 | | (c) The State Board of Elections shall provide | 10 | | administrative and technical support to the Task Force and be | 11 | | responsible for administering its operations and ensuring that | 12 | | the requirements of the Task Force are met. The Executive | 13 | | Director of the State Board of Elections shall appoint a | 14 | | cochairperson for the Task Force and the President of the | 15 | | Senate and the Speaker of the House of Representatives shall | 16 | | jointly appoint a cochairperson for the Task Force. | 17 | | (d) The Task Force shall meet at least 4 times with the | 18 | | first meeting occurring within 60 days after the effective | 19 | | date of this amendatory Act of the 103rd General Assembly. The | 20 | | Executive Director of the State Board of Elections shall | 21 | | designate the day, time, and place for each meeting of the Task | 22 | | Force. | 23 | | (e) The Task Force shall review what conduct currently | 24 | | precludes an individual from holding public office in this | 25 | | State; the policy rationale for precluding an individual from | 26 | | holding public office based on certain criminal conduct; |
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| 1 | | available research and best practices for restoring returning | 2 | | individuals to full citizenship; and the processes of | 3 | | restoration of eligibility to hold public office in this | 4 | | State. After this review, the Task Force shall make | 5 | | recommendations as to what criminal conduct shall preclude an | 6 | | individual from holding public office in this State. | 7 | | (f) The Task Force shall produce a report detailing the | 8 | | Task Force's findings and recommendations and needed | 9 | | resources. The Task Force shall submit a report of its | 10 | | findings and recommendations to the General Assembly and the | 11 | | Governor by May 1, 2025. | 12 | | (g) This Section is repealed on January 1, 2026. | 13 | | Section 10. The Unified Code of Corrections is amended by | 14 | | changing Section 5-5-5 as follows: | 15 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5) | 16 | | Sec. 5-5-5. Loss and restoration of rights. | 17 | | (a) Conviction and disposition shall not entail the loss | 18 | | by the defendant of any civil rights, except under this | 19 | | Section and Sections 29-6 and 29-10 of The Election Code, as | 20 | | now or hereafter amended. | 21 | | (b) A person convicted of a felony shall be ineligible to | 22 | | hold an office created by the Constitution of this State until | 23 | | the completion of his sentence. | 24 | | (b-5) Notwithstanding any other provision of law, a person |
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| 1 | | convicted of a felony, bribery, perjury, or other infamous | 2 | | crime for an offense committed on or after the effective date | 3 | | of this amendatory Act of the 103rd General Assembly and | 4 | | committed while he or she was serving as a public official in | 5 | | this State is ineligible to hold any local public office or any | 6 | | office created by the Constitution of this State unless the | 7 | | person's conviction is reversed, the person is again restored | 8 | | to such rights by the terms of a pardon for the offense, the | 9 | | person has received a restoration of rights by the Governor, | 10 | | or the person's rights are otherwise restored by law. | 11 | | (c) A person sentenced to imprisonment shall lose his | 12 | | right to vote until released from imprisonment. | 13 | | (d) On completion of sentence of imprisonment or upon | 14 | | discharge from probation, conditional discharge or periodic | 15 | | imprisonment, or at any time thereafter, all license rights | 16 | | and privileges granted under the authority of this State which | 17 | | have been revoked or suspended because of conviction of an | 18 | | offense shall be restored unless the authority having | 19 | | jurisdiction of such license rights finds after investigation | 20 | | and hearing that restoration is not in the public interest. | 21 | | This paragraph (d) shall not apply to the suspension or | 22 | | revocation of a license to operate a motor vehicle under the | 23 | | Illinois Vehicle Code. | 24 | | (e) Upon a person's discharge from incarceration or | 25 | | parole, or upon a person's discharge from probation or at any | 26 | | time thereafter, the committing court may enter an order |
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| 1 | | certifying that the sentence has been satisfactorily completed | 2 | | when the court believes it would assist in the rehabilitation | 3 | | of the person and be consistent with the public welfare. Such | 4 | | order may be entered upon the motion of the defendant or the | 5 | | State or upon the court's own motion. | 6 | | (f) Upon entry of the order, the court shall issue to the | 7 | | person in whose favor the order has been entered a certificate | 8 | | stating that his behavior after conviction has warranted the | 9 | | issuance of the order. | 10 | | (g) This Section shall not affect the right of a defendant | 11 | | to collaterally attack his conviction or to rely on it in bar | 12 | | of subsequent proceedings for the same offense. | 13 | | (h) No application for any license specified in subsection | 14 | | (i) of this Section granted under the authority of this State | 15 | | shall be denied by reason of an eligible offender who has | 16 | | obtained a certificate of relief from disabilities, as defined | 17 | | in Article 5.5 of this Chapter, having been previously | 18 | | convicted of one or more criminal offenses, or by reason of a | 19 | | finding of lack of "good moral character" when the finding is | 20 | | based upon the fact that the applicant has previously been | 21 | | convicted of one or more criminal offenses, unless: | 22 | | (1) there is a direct relationship between one or more | 23 | | of the previous criminal offenses and the specific license | 24 | | sought; or | 25 | | (2) the issuance of the license would involve an | 26 | | unreasonable risk to property or to the safety or welfare |
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| 1 | | of specific individuals or the general public. | 2 | | In making such a determination, the licensing agency shall | 3 | | consider the following factors: | 4 | | (1) the public policy of this State, as expressed in | 5 | | Article 5.5 of this Chapter, to encourage the licensure | 6 | | and employment of persons previously convicted of one or | 7 | | more criminal offenses; | 8 | | (2) the specific duties and responsibilities | 9 | | necessarily related to the license being sought; | 10 | | (3) the bearing, if any, the criminal offenses or | 11 | | offenses for which the person was previously convicted | 12 | | will have on his or her fitness or ability to perform one | 13 | | or more such duties and responsibilities; | 14 | | (4) the time which has elapsed since the occurrence of | 15 | | the criminal offense or offenses; | 16 | | (5) the age of the person at the time of occurrence of | 17 | | the criminal offense or offenses; | 18 | | (6) the seriousness of the offense or offenses; | 19 | | (7) any information produced by the person or produced | 20 | | on his or her behalf in regard to his or her rehabilitation | 21 | | and good conduct, including a certificate of relief from | 22 | | disabilities issued to the applicant, which certificate | 23 | | shall create a presumption of rehabilitation in regard to | 24 | | the offense or offenses specified in the certificate; and | 25 | | (8) the legitimate interest of the licensing agency in | 26 | | protecting property, and the safety and welfare of |
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| 1 | | specific individuals or the general public. | 2 | | (i) A certificate of relief from disabilities shall be | 3 | | issued only for a license or certification issued under the | 4 | | following Acts: | 5 | | (1) the Animal Welfare Act; except that a certificate | 6 | | of relief from disabilities may not be granted to provide | 7 | | for the issuance or restoration of a license under the | 8 | | Animal Welfare Act for any person convicted of violating | 9 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane | 10 | | Care for Animals Act or Section 26-5 or 48-1 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012; | 12 | | (2) the Illinois Athletic Trainers Practice Act; | 13 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 14 | | and Nail Technology Act of 1985; | 15 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 16 | | Act; | 17 | | (5) the Boxing and Full-contact Martial Arts Act; | 18 | | (6) the Illinois Certified Shorthand Reporters Act of | 19 | | 1984; | 20 | | (7) the Illinois Farm Labor Contractor Certification | 21 | | Act; | 22 | | (8) the Registered Interior Designers Act; | 23 | | (9) the Illinois Professional Land Surveyor Act of | 24 | | 1989; | 25 | | (10) the Landscape Architecture Registration Act; | 26 | | (11) the Marriage and Family Therapy Licensing Act; |
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| 1 | | (12) the Private Employment Agency Act; | 2 | | (13) the Professional Counselor and Clinical | 3 | | Professional Counselor Licensing and Practice Act; | 4 | | (14) the Real Estate License Act of 2000; | 5 | | (15) the Illinois Roofing Industry Licensing Act; | 6 | | (16) the Professional Engineering Practice Act of | 7 | | 1989; | 8 | | (17) the Water Well and Pump Installation Contractor's | 9 | | License Act; | 10 | | (18) the Electrologist Licensing Act; | 11 | | (19) the Auction License Act; | 12 | | (20) the Illinois Architecture Practice Act of 1989; | 13 | | (21) the Dietitian Nutritionist Practice Act; | 14 | | (22) the Environmental Health Practitioner Licensing | 15 | | Act; | 16 | | (23) the Funeral Directors and Embalmers Licensing | 17 | | Code; | 18 | | (24) (blank); | 19 | | (25) the Professional Geologist Licensing Act; | 20 | | (26) the Illinois Public Accounting Act; and | 21 | | (27) the Structural Engineering Practice Act of 1989. | 22 | | (Source: P.A. 102-284, eff. 8-6-21.) | 23 | | Section 90. The General Assembly finds that the Office of | 24 | | the Secretary of State filed the rules necessary to implement | 25 | | Public Act 102-160 on June 5, 2023. This Act amends Public Act |
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| 1 | | 102-160 in accordance with that finding. | 2 | | Section 91. "An Act concerning government", approved July | 3 | | 23, 2021, Public Act 102-160, is amended by changing Section | 4 | | 99 as follows: | 5 | | (P.A. 102-160, Sec. 99) | 6 | | Sec. 99. Effective date. This Act takes effect on June 5, | 7 | | 2023 (the date of the filing of the later of: (1) January 1, | 8 | | 2022; or (2) the date on which the Office of the Secretary of | 9 | | State files with the Index Department of the Office of the | 10 | | Secretary of State a notice that the Office of the Secretary of | 11 | | State has adopted the rules necessary to implement this Act ) , | 12 | | and upon the filing of the notice, the Index Department shall | 13 | | provide a copy of the notice to the Legislative Reference | 14 | | Bureau; except that , the changes to Sections 1-106, 2-103, and | 15 | | 2-106 of the Illinois Notary Public Act take effect July 1, | 16 | | 2022. | 17 | | (Source: P.A. 102-160.) | 18 | | Section 95. No acceleration or delay. Except for the | 19 | | changes to Section 99 of Public Act 102-160, where this Act | 20 | | makes changes in a statute that is represented in this Act by | 21 | | text that is not yet or no longer in effect (for example, a | 22 | | Section represented by multiple versions), the use of that | 23 | | text does not accelerate or delay the taking effect of (i) the |
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| 1 | | changes made by this Act or (ii) provisions derived from any | 2 | | other Public Act. | 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law. |
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