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90_HB1140sam002
LRB9002579DNmbam03
1 AMENDMENT TO HOUSE BILL 1140
2 AMENDMENT NO. . Amend House Bill 1140, AS AMENDED,
3 by replacing Section 3 with the following:
4 "Section 2. The Election Code is amended by changing
5 Section 29-15 as follows:
6 (10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
7 Sec. 29-15. Conviction. No person who has been convicted
8 of any felony, bribery, perjury, or other infamous crime may
9 be elected to, hold, or be appointed to deemed infamous. Any
10 person convicted of an infamous crime as such term is defined
11 in Section 124-1 of the Code of Criminal Procedure of 1963,
12 as amended, shall thereafter be prohibited from holding any
13 office of honor, trust, or profit, unless such person is
14 again restored to such rights by the terms of a pardon for
15 the offense or otherwise according to law. If a person who
16 has been elected to and is holding an office on the effective
17 date of this amendatory Act of 1997 has been convicted of a
18 felony, bribery, perjury, or other infamous crime before the
19 effective date of this amendatory Act of 1997, however, this
20 Section shall not prevent that person from holding the office
21 to which he or she has been elected or from being elected to,
22 holding, or being appointed to that or any other office in
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1 the future. This Section applies to all elections occurring
2 after the effective date of this amendatory Act of 1997 other
3 than elections in which the deadline for filing nominating
4 petitions is before the effective date of this amendatory Act
5 of 1997.
6 (Source: P.A. 83-1097.)
7 Section 3. The Illinois Municipal Code is amended by
8 changing Section 3.1-10-5 as follows:
9 (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
10 Sec. 3.1-10-5. Qualifications; elective office.
11 (a) A person is not eligible for an elective municipal
12 office unless that person is a qualified elector of the
13 municipality and has resided in the municipality at least one
14 year next preceding the election.
15 (b) A person is not eligible for an elective municipal
16 office if that person is in arrears in the payment of a tax
17 or other indebtedness due to the municipality or has been
18 convicted in any court located in the United States of any
19 infamous crime, bribery, perjury, or other felony.
20 (c) A person is not eligible for the office of alderman
21 of a ward or trustee of a district unless that person has
22 resided in the municipality, as the case may be, at least one
23 year next preceding the election or appointment, except as
24 provided in subsection (b) of Section 3.1-25-75.
25 (d) No person who has been convicted of any felony,
26 bribery, perjury, or other infamous crime may be elected to,
27 hold, or be appointed to an elective municipal office. If a
28 person who has been elected to and is holding a municipal
29 office on the effective date of this amendatory Act of 1997
30 has been convicted of a felony, bribery, perjury, or other
31 infamous crime before the effective date of this amendatory
32 Act of 1997, however, this subsection shall not prevent that
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1 person from holding the office to which he or she has been
2 elected or from being elected to, holding, or being appointed
3 to that or any other office in the future. This subsection
4 applies to all elections occurring after the effective date
5 of this amendatory Act of 1997 other than elections in which
6 the deadline for filing nominating petitions is before the
7 effective date of this amendatory Act of 1997.
8 (Source: P.A. 87-1119.)"; and
9 by inserting below Section 10 the following:
10 "Section 15. The Unified Code of Corrections is amended
11 by changing Section 5-5-5 as follows:
12 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
13 Sec. 5-5-5. Loss and Restoration of Rights.
14 (a) Conviction and disposition shall not entail the loss
15 by the defendant of any civil rights, except under this
16 Section and Sections 29-6 and 29-10 of the Election Code, as
17 now or hereafter amended.
18 (b) No person who has been convicted of any felony,
19 bribery, perjury, or other infamous crime may be elected to,
20 hold, or be appointed to any office created by the
21 Constitution of this State. If a person who has been elected
22 to and is holding an office created by the Constitution on
23 the effective date of this amendatory Act of 1997 has been
24 convicted of a felony, bribery, perjury, or other infamous
25 crime before the effective date of this amendatory Act of
26 1997, however, this subsection shall not prevent that person
27 from holding the office to which he or she has been elected
28 or from being elected to, holding, or being appointed to that
29 or any other office in the future. This subsection applies
30 to all elections occurring after the effective date of this
31 amendatory Act of 1997 other than elections in which the
32 deadline for filing nominating petitions is before the
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1 effective date of this amendatory Act of 1997. A person
2 convicted of a felony shall be ineligible to hold an office
3 created by the Constitution of this State until the
4 completion of his sentence.
5 (c) A person sentenced to imprisonment shall lose his
6 right to vote until released from imprisonment.
7 (d) On completion of sentence of imprisonment or upon
8 discharge from probation, conditional discharge or periodic
9 imprisonment, or at any time thereafter, all license rights
10 and privileges granted under the authority of this State
11 which have been revoked or suspended because of conviction of
12 an offense shall be restored unless the authority having
13 jurisdiction of such license rights finds after investigation
14 and hearing that restoration is not in the public interest.
15 This paragraph (d) shall not apply to the suspension or
16 revocation of a license to operate a motor vehicle under the
17 Illinois Vehicle Code.
18 (e) Upon a person's discharge from incarceration or
19 parole, or upon a person's discharge from probation or at any
20 time thereafter, the committing court may enter an order
21 certifying that the sentence has been satisfactorily
22 completed when the court believes it would assist in the
23 rehabilitation of the person and be consistent with the
24 public welfare. Such order may be entered upon the motion of
25 the defendant or the State or upon the court's own motion.
26 (f) Upon entry of the order, the court shall issue to
27 the person in whose favor the order has been entered a
28 certificate stating that his behavior after conviction has
29 warranted the issuance of the order.
30 (g) This Section shall not affect the right of a
31 defendant to collaterally attack his conviction or to rely on
32 it in bar of subsequent proceedings for the same offense.
33 (Source: P.A. 86-558.)
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1 Section 99. This Section and Sections 2, 3, and 15 take
2 effect upon becoming law.".