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90_SB0460ccr001
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1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 460
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House
10 Amendments Nos. 1 and 2 to Senate Bill 460, recommend the
11 following:
12 (1) that the Senate concur in House Amendments Nos. 1
13 and 2; and
14 (2) that Senate Bill 460, AS AMENDED, be further amended
15 as follows:
16 by inserting after the enacting clause the following:
17 "Section 2. The Election Code is amended by changing
18 Section 29-15 as follows:
19 (10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
20 Sec. 29-15. Conviction. No person who has been convicted
21 of any felony, bribery, perjury, or other infamous crime may
22 be elected to, hold, or be appointed to deemed infamous. Any
23 person convicted of an infamous crime as such term is defined
24 in Section 124-1 of the Code of Criminal Procedure of 1963,
25 as amended, shall thereafter be prohibited from holding any
26 office of honor, trust, or profit, unless such person is
27 again restored to such rights by the terms of a pardon for
28 the offense or otherwise according to law. If a person who
29 has been elected to and is holding an office on the effective
30 date of this amendatory Act of 1997 has been convicted of a
31 felony, bribery, perjury, or other infamous crime before
32 being elected to the current term in that office, however,
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1 this Section shall not prevent that person from holding the
2 office to which he or she has been elected or from being
3 elected to additional terms in that office. This Section
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. For purposes
8 of this Section, "convicted" means to have a "conviction", as
9 that term is defined in Section 5-1-5 of the Unified Code of
10 Corrections.
11 (Source: P.A. 83-1097.)
12 Section 3. The Illinois Municipal Code is amended by
13 changing Section 3.1-10-5 as follows:
14 (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
15 Sec. 3.1-10-5. Qualifications; elective office.
16 (a) A person is not eligible for an elective municipal
17 office unless that person is a qualified elector of the
18 municipality and has resided in the municipality at least one
19 year next preceding the election.
20 (b) A person is not eligible for an elective municipal
21 office if that person is in arrears in the payment of a tax
22 or other indebtedness due to the municipality or has been
23 convicted in any court located in the United States of any
24 infamous crime, bribery, perjury, or other felony.
25 (c) A person is not eligible for the office of alderman
26 of a ward or trustee of a district unless that person has
27 resided in the municipality, as the case may be, at least one
28 year next preceding the election or appointment, except as
29 provided in subsection (b) of Section 3.1-25-75.
30 (d) No person who has been convicted of any felony,
31 bribery, perjury, or other infamous crime may be elected to,
32 hold, or be appointed to an elective municipal office. If a
33 person who has been elected to and is holding a municipal
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1 office on the effective date of this amendatory Act of 1997
2 has been convicted of a felony, bribery, perjury, or other
3 infamous crime before being elected to the current term in
4 that office, however, this subsection shall not prevent that
5 person from holding the office to which he or she has been
6 elected or from being elected to additional terms in that
7 office. This subsection applies to all elections occurring
8 after the effective date of this amendatory Act of 1997 other
9 than elections in which the deadline for filing nominating
10 petitions is before the effective date of this amendatory Act
11 of 1997. For purposes of this subsection, "convicted" means
12 to have a "conviction", as that term is defined in Section
13 5-1-5 of the Unified Code of Corrections.
14 (Source: P.A. 87-1119.)
15 Section 5. The Code of Criminal Procedure of 1963 is
16 amended by changing Section 115-4.1 as follows:
17 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
18 Sec. 115-4.1. Absence of defendant. (a) When a defendant
19 after arrest and an initial court appearance for a
20 non-capital felony or a misdemeanor, fails to appear for
21 trial, at the request of the State and after the State has
22 affirmatively proven through substantial evidence that the
23 defendant is willfully avoiding trial, the court may commence
24 trial in the absence of the defendant. Absence of a
25 defendant as specified in this Section shall not be a bar to
26 indictment of a defendant, return of information against a
27 defendant, or arraignment of a defendant for the charge for
28 which bail has been granted. If a defendant fails to appear
29 at arraignment, the court may enter a plea of "not guilty" on
30 his behalf. If a defendant absents himself before trial on a
31 capital felony, trial may proceed as specified in this
32 Section provided that the State certifies that it will not
33 seek a death sentence following conviction. Trial in the
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1 defendant's absence shall be by jury unless the defendant had
2 previously waived trial by jury. The absent defendant must
3 be represented by retained or appointed counsel. The court,
4 at the conclusion of all of the proceedings, may order the
5 clerk of the circuit court to pay counsel such sum as the
6 court deems reasonable, from any bond monies which were
7 posted by the defendant with the clerk, after the clerk has
8 first deducted all court costs. If trial had previously
9 commenced in the presence of the defendant and the defendant
10 willfully absents himself for two successive court days, the
11 court shall proceed to trial. All procedural rights
12 guaranteed by the United States Constitution, Constitution of
13 the State of Illinois, statutes of the State of Illinois, and
14 rules of court shall apply to the proceedings the same as if
15 the defendant were present in court and had not either
16 forfeited his bail bond or escaped from custody. The court
17 may set the case for a trial which may be conducted under
18 this Section despite the failure of the defendant to appear
19 at the hearing at which the trial date is set. When such
20 trial date is set the clerk shall send to the defendant, by
21 certified mail at his last known address indicated on his
22 bond slip, notice of the new date which has been set for
23 trial. Such notification shall be required when the
24 defendant was not personally present in open court at the
25 time when the case was set for trial.
26 (b) The absence of a defendant from a trial conducted
27 pursuant to this Section does not operate as a bar to
28 concluding the trial, to a judgment of conviction resulting
29 therefrom, or to a final disposition of the trial in favor of
30 the defendant.
31 (c) Upon a verdict of not guilty, the court shall enter
32 judgment for the defendant. Upon a verdict of guilty, the
33 court shall set a date for the hearing of post-trial motions
34 and shall hear such motion in the absence of the defendant.
35 If post-trial motions are denied, the court shall proceed to
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1 conduct a sentencing hearing and to impose a sentence upon
2 the defendant.
3 (d) A defendant who is absent for part of the
4 proceedings of trial, post-trial motions, or sentencing, does
5 not thereby forfeit his right to be present at all remaining
6 proceedings.
7 (e) When a defendant who in his absence has been either
8 convicted or sentenced or both convicted and sentenced
9 appears before the court, he must be granted a new trial or
10 new sentencing hearing if the defendant can establish that
11 his failure to appear in court was both without his fault and
12 due to circumstances beyond his control. A hearing with
13 notice to the State's Attorney on the defendant's request for
14 a new trial or a new sentencing hearing must be held before
15 any such request may be granted. At any such hearing both
16 the defendant and the State may present evidence.
17 (f) If the court grants only the defendant's request for
18 a new sentencing hearing, then a new sentencing hearing
19 shall be held in accordance with the provisions of the
20 Unified Code of Corrections. At any such hearing, both the
21 defendant and the State may offer evidence of the defendant's
22 conduct during his period of absence from the court. The
23 court may impose any sentence authorized by the Unified Code
24 of Corrections and is not in any way limited or restricted by
25 any sentence previously imposed.
26 (g) A defendant whose motion under paragraph (e) for a
27 new trial or new sentencing hearing has been denied may file
28 a notice of appeal therefrom. Such notice may also include a
29 request for review of the judgment and sentence not vacated
30 by the trial court.
31 (Source: P.A. 84-945.)"; and
32 by inserting after the last line of Sec. 4 of Section 10 the
33 following:
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1 "Section 11. The Unified Code of Corrections is amended
2 by changing Section 5-5-5 as follows:
3 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
4 Sec. 5-5-5. Loss and Restoration of Rights.
5 (a) Conviction and disposition shall not entail the loss
6 by the defendant of any civil rights, except under this
7 Section and Sections 29-6 and 29-10 of the Election Code, as
8 now or hereafter amended.
9 (b) No person who has been convicted of any felony,
10 bribery, perjury, or other infamous crime may be elected to,
11 hold, or be appointed to any office created by the
12 Constitution of this State. If a person who has been elected
13 to and is holding an office created by the Constitution on
14 the effective date of this amendatory Act of 1997 has been
15 convicted of a felony, bribery, perjury, or other infamous
16 crime before being elected to the current term in that
17 office, however, this subsection shall not prevent that
18 person from holding the office to which he or she has been
19 elected or from being elected to additional terms in that
20 office. This subsection applies to all elections occurring
21 after the effective date of this amendatory Act of 1997 other
22 than elections in which the deadline for filing nominating
23 petitions is before the effective date of this amendatory Act
24 of 1997. For purposes of this subsection, "convicted" means
25 to have a "conviction", as that term is defined in Section
26 5-1-5 of this Code. A person convicted of a felony shall be
27 ineligible to hold an office created by the Constitution of
28 this State until the completion of his sentence.
29 (c) A person sentenced to imprisonment shall lose his
30 right to vote until released from imprisonment.
31 (d) On completion of sentence of imprisonment or upon
32 discharge from probation, conditional discharge or periodic
33 imprisonment, or at any time thereafter, all license rights
34 and privileges granted under the authority of this State
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1 which have been revoked or suspended because of conviction of
2 an offense shall be restored unless the authority having
3 jurisdiction of such license rights finds after investigation
4 and hearing that restoration is not in the public interest.
5 This paragraph (d) shall not apply to the suspension or
6 revocation of a license to operate a motor vehicle under the
7 Illinois Vehicle Code.
8 (e) Upon a person's discharge from incarceration or
9 parole, or upon a person's discharge from probation or at any
10 time thereafter, the committing court may enter an order
11 certifying that the sentence has been satisfactorily
12 completed when the court believes it would assist in the
13 rehabilitation of the person and be consistent with the
14 public welfare. Such order may be entered upon the motion of
15 the defendant or the State or upon the court's own motion.
16 (f) Upon entry of the order, the court shall issue to
17 the person in whose favor the order has been entered a
18 certificate stating that his behavior after conviction has
19 warranted the issuance of the order.
20 (g) This Section shall not affect the right of a
21 defendant to collaterally attack his conviction or to rely on
22 it in bar of subsequent proceedings for the same offense.
23 (Source: P.A. 86-558.)".
24 Submitted on , 1997.
25 ______________________________ _____________________________
26 Senator Hawkinson Representative Erwin
27 ______________________________ _____________________________
28 Senator Dillard Representative Gash
29 ______________________________ _____________________________
30 Senator Petka Representative Hannig
31 ______________________________ _____________________________
32 Senator Cullerton Representative Churchill
33 ______________________________ _____________________________
34 Senator Shadid Representative Cross
35 Committee for the Senate Committee for the House