Full Text of HB1440 099th General Assembly
HB1440 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1440 Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/29-15 | from Ch. 46, par. 29-15 | 730 ILCS 5/5-5-5 | from Ch. 38, par. 1005-5-5 |
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Amends the Election Code. Provides that any person convicted of an infamous crime or public corruption crime shall be prohibited from holding any political office or office of honor, trust, or profit except as provided by the terms of a pardon for the offense or otherwise according to law. Defines "public corruption crime". Amends the Unified Code of Corrections making a corresponding change. Effective immediately.
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| | A BILL FOR |
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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 5. The Election Code is amended by changing Section | 5 | | 29-15 as follows:
| 6 | | (10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
| 7 | | Sec. 29-15. Conviction deemed infamous. Any person | 8 | | convicted of an infamous crime or public corruption crime as | 9 | | such term is defined in
Section 124-1 of the Code of Criminal | 10 | | Procedure of 1963, as amended, shall
thereafter be prohibited | 11 | | from holding any political office or office of honor, trust, or
| 12 | | profit, unless such person is again restored to such rights by | 13 | | the terms of
a pardon for the offense or otherwise according to | 14 | | law. As used in this Section, "public corruption crime" | 15 | | includes the offenses under paragraph (6) of subsection (a) of | 16 | | Section 12-6 and Sections 33-1, 33-2, 33-3, 33-3.1, 33-3.2, | 17 | | 33-6, 33-7, 33-8, 33E-5, 33E-6, and 33E-7 of the Criminal Code | 18 | | of 2012.
| 19 | | (Source: P.A. 83-1097.)
| 20 | | Section 10. The Unified Code of Corrections is amended by | 21 | | changing 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 | 4 | | the
defendant of any civil rights, except under this Section | 5 | | and Sections 29-6 ,
and 29-10 , and 29-15 of The Election Code, | 6 | | as now or hereafter amended.
| 7 | | (b) A person convicted of a felony shall be ineligible to | 8 | | hold an office
created by the Constitution of this State until | 9 | | the completion of his sentence.
| 10 | | (c) A person sentenced to imprisonment shall lose his right | 11 | | to vote
until released from imprisonment.
| 12 | | (d) On completion of sentence of imprisonment or upon | 13 | | discharge from
probation, conditional discharge or periodic | 14 | | imprisonment, or at any time
thereafter, all license rights and | 15 | | privileges
granted under the authority of this State which have | 16 | | been revoked or
suspended because of conviction of an offense | 17 | | shall be restored unless the
authority having jurisdiction of | 18 | | such license rights finds after
investigation and hearing that | 19 | | restoration is not in the public interest.
This paragraph (d) | 20 | | shall not apply to the suspension or revocation of a
license to | 21 | | operate a motor vehicle under the Illinois Vehicle Code.
| 22 | | (e) Upon a person's discharge from incarceration or parole, | 23 | | or upon a
person's discharge from probation or at any time | 24 | | thereafter, the committing
court may enter an order certifying | 25 | | that the sentence has been
satisfactorily completed when the | 26 | | court believes it would assist in the
rehabilitation of the |
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| 1 | | person and be consistent with the public welfare.
Such order | 2 | | may be entered upon the motion of the defendant or the State or
| 3 | | upon the court's own motion.
| 4 | | (f) Upon entry of the order, the court shall issue to the | 5 | | person in
whose favor the order has been entered a certificate | 6 | | stating that his
behavior after conviction has warranted the | 7 | | issuance of the order.
| 8 | | (g) This Section shall not affect the right of a defendant | 9 | | to
collaterally attack his conviction or to rely on it in bar | 10 | | of subsequent
proceedings for the same offense.
| 11 | | (h) No application for any license specified in subsection | 12 | | (i) of this
Section granted under the
authority of this State | 13 | | shall be denied by reason of an eligible offender who
has | 14 | | obtained a certificate of relief from disabilities, as
defined | 15 | | in Article 5.5 of this Chapter, having been previously | 16 | | convicted of one
or more
criminal offenses, or by reason of a | 17 | | finding of lack of "good moral
character" when the finding is | 18 | | based upon the fact that the applicant has
previously been | 19 | | convicted of one or more criminal offenses, unless:
| 20 | | (1) there is a direct relationship between one or more | 21 | | of the previous
criminal offenses and the specific license | 22 | | sought; or
| 23 | | (2) the issuance of the license would
involve an | 24 | | unreasonable risk to property or to the safety or welfare | 25 | | of
specific individuals or the general public.
| 26 | | In making such a determination, the licensing agency shall |
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| 1 | | consider the
following factors:
| 2 | | (1) the public policy of this State, as expressed in | 3 | | Article 5.5 of this
Chapter, to encourage the licensure and | 4 | | employment of persons previously
convicted of one or more | 5 | | criminal offenses;
| 6 | | (2) the specific duties and responsibilities | 7 | | necessarily related to the
license being sought;
| 8 | | (3) the bearing, if any, the criminal offenses or | 9 | | offenses for which the
person
was previously convicted will | 10 | | have on his or her fitness or ability to perform
one or
| 11 | | more such duties and responsibilities;
| 12 | | (4) the time which has elapsed since the occurrence of | 13 | | the criminal
offense or offenses;
| 14 | | (5) the age of the person at the time of occurrence of | 15 | | the criminal
offense or offenses;
| 16 | | (6) the seriousness of the offense or offenses;
| 17 | | (7) any information produced by the person or produced | 18 | | on his or her
behalf in
regard to his or her rehabilitation | 19 | | and good conduct, including a certificate
of relief from | 20 | | disabilities issued to the applicant, which certificate | 21 | | shall
create a presumption of rehabilitation in regard to | 22 | | the offense or offenses
specified in the certificate; and
| 23 | | (8) the legitimate interest of the licensing agency in | 24 | | protecting
property, and
the safety and welfare of specific | 25 | | individuals or the general public.
| 26 | | (i) A certificate of relief from disabilities shall be |
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| 1 | | issued only
for a
license or certification issued under the | 2 | | following Acts:
| 3 | | (1) the Animal Welfare Act; except that a certificate | 4 | | of relief from
disabilities may not be granted
to provide | 5 | | for
the
issuance or restoration of a license under the | 6 | | Animal Welfare Act for any
person convicted of violating | 7 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 8 | | Care for Animals Act or Section 26-5 or 48-1 of the | 9 | | Criminal Code of
1961 or the Criminal Code of 2012;
| 10 | | (2) the Illinois Athletic Trainers Practice Act;
| 11 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 12 | | and Nail Technology Act of 1985;
| 13 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 14 | | Act;
| 15 | | (5) the Boxing and Full-contact Martial Arts Act;
| 16 | | (6) the Illinois Certified Shorthand Reporters Act of | 17 | | 1984;
| 18 | | (7) the Illinois Farm Labor Contractor Certification | 19 | | Act;
| 20 | | (8) the Interior Design Title Act;
| 21 | | (9) the Illinois Professional Land Surveyor Act of | 22 | | 1989;
| 23 | | (10) the Illinois Landscape Architecture Act of 1989;
| 24 | | (11) the Marriage and Family Therapy Licensing Act;
| 25 | | (12) the Private Employment Agency Act;
| 26 | | (13) the Professional Counselor and Clinical |
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| 1 | | Professional Counselor
Licensing and Practice
Act;
| 2 | | (14) the Real Estate License Act of 2000;
| 3 | | (15) the Illinois Roofing Industry Licensing Act; | 4 | | (16) the Professional Engineering Practice Act of | 5 | | 1989; | 6 | | (17) the Water Well and Pump Installation Contractor's | 7 | | License Act; | 8 | | (18) the Electrologist Licensing Act;
| 9 | | (19) the Auction License Act; | 10 | | (20) the Illinois Architecture Practice Act of 1989; | 11 | | (21) the Dietitian Nutritionist Practice Act; | 12 | | (22) the Environmental Health Practitioner Licensing | 13 | | Act; | 14 | | (23) the Funeral Directors and Embalmers Licensing | 15 | | Code; | 16 | | (24) the Land Sales Registration Act of 1999; | 17 | | (25) the Professional Geologist Licensing Act; | 18 | | (26) the Illinois Public Accounting Act; and | 19 | | (27) the Structural Engineering Practice Act of 1989.
| 20 | | (Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12; | 21 | | 97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff. | 22 | | 1-25-13; 98-756, eff. 7-16-14.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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