Illinois General Assembly - Full Text of HB5046
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Full Text of HB5046  102nd General Assembly

HB5046 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5046

 

Introduced 1/27/2022, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/3.1-10-5  from Ch. 24, par. 3.1-10-5
730 ILCS 5/5-5-5  from Ch. 38, par. 1005-5-5

    Amends the Illinois Municipal Code. Repeals a provisions providing that a person is not eligible to take the oath of office for a municipal office if that person has been convicted of certain crimes. Amends the Unified Code of Corrections. Provides that a person convicted of a felony while he or she was serving as a public official is ineligible to hold public office at any time after his or her conviction.


LRB102 25677 HLH 34970 b

 

 

A BILL FOR

 

HB5046LRB102 25677 HLH 34970 b

1    AN ACT concerning criminal convictions.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 3.1-10-5 as follows:
 
6    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
7    Sec. 3.1-10-5. Qualifications; elective office.
8    (a) A person is not eligible for an elective municipal
9office unless that person is a qualified elector of the
10municipality and has resided in the municipality at least one
11year next preceding the election or appointment, except as
12provided in Section 3.1-20-25, subsection (b) of Section
133.1-25-75, Section 5-2-2, or Section 5-2-11.
14    (b) A person is not eligible to take the oath of office for
15a municipal office if that person is, at the time required for
16taking the oath of office, in arrears in the payment of a tax
17or other indebtedness due to the municipality or has been
18convicted in any court located in the United States of any
19infamous crime, bribery, perjury, or other felony, unless such
20person is again restored to his or her rights of citizenship
21that may have been forfeited under Illinois law as a result of
22a conviction, which includes eligibility to hold elected
23municipal office, by the terms of a pardon for the offense, has

 

 

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1received a restoration of rights by the Governor, or otherwise
2according to law. Any time after a judgment of conviction is
3rendered, a person convicted of an infamous crime, bribery,
4perjury, or other felony may petition the Governor for a
5restoration of rights.
6    The changes made to this subsection by this amendatory Act
7of the 102nd General Assembly are declarative of existing law
8and apply to all persons elected at the April 4, 2017
9consolidated election and to persons elected or appointed
10thereafter.
11    (b-5) (Blank).
12    (c) A person is not eligible for the office of alderperson
13of a ward unless that person has resided in the ward that the
14person seeks to represent, and a person is not eligible for the
15office of trustee of a district unless that person has resided
16in the municipality, at least one year next preceding the
17election or appointment, except as provided in Section
183.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
19or Section 5-2-11.
20    (d) If a person (i) is a resident of a municipality
21immediately prior to the active duty military service of that
22person or that person's spouse, (ii) resides anywhere outside
23of the municipality during that active duty military service,
24and (iii) immediately upon completion of that active duty
25military service is again a resident of the municipality, then
26the time during which the person resides outside the

 

 

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1municipality during the active duty military service is deemed
2to be time during which the person is a resident of the
3municipality for purposes of determining the residency
4requirement under subsection (a).
5(Source: P.A. 102-15, eff. 6-17-21.)
 
6    Section 10. The Unified Code of Corrections is amended by
7changing Section 5-5-5 as follows:
 
8    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
9    Sec. 5-5-5. Loss and restoration of rights.
10    (a) Conviction and disposition shall not entail the loss
11by the defendant of any civil rights, except under this
12Section and Sections 29-6 and 29-10 of The Election Code, as
13now or hereafter amended.
14    (b) A person convicted of a felony shall be ineligible to
15hold an office created by the Constitution of this State until
16the completion of his sentence.
17        (b-5) Notwithstanding any other provision of law, a
18person convicted of a felony for an offense committed on or
19after the effective date of this amendatory Act of the 102nd
20General Assembly and while he or she was serving as a public
21official in this State is ineligible to hold any local public
22office in this State or any office created by the Constitution
23of this State at any time after his or her conviction, unless
24that person is again restored to his or her rights of

 

 

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1citizenship that may have been forfeited under Illinois law as
2a result of a conviction, which includes eligibility to hold
3office, by the terms of a pardon for the offense, has received
4a restoration of rights by the Governor, or otherwise
5according to law.
6    (c) A person sentenced to imprisonment shall lose his
7right to vote until released from imprisonment.
8    (d) On completion of sentence of imprisonment or upon
9discharge from probation, conditional discharge or periodic
10imprisonment, or at any time thereafter, all license rights
11and privileges granted under the authority of this State which
12have been revoked or suspended because of conviction of an
13offense shall be restored unless the authority having
14jurisdiction of such license rights finds after investigation
15and hearing that restoration is not in the public interest.
16This paragraph (d) shall not apply to the suspension or
17revocation of a license to operate a motor vehicle under the
18Illinois Vehicle Code.
19    (e) Upon a person's discharge from incarceration or
20parole, or upon a person's discharge from probation or at any
21time thereafter, the committing court may enter an order
22certifying that the sentence has been satisfactorily completed
23when the court believes it would assist in the rehabilitation
24of the person and be consistent with the public welfare. Such
25order may be entered upon the motion of the defendant or the
26State or upon the court's own motion.

 

 

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

 

 

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

 

 

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1    of relief from disabilities may not be granted to provide
2    for the issuance or restoration of a license under the
3    Animal Welfare Act for any person convicted of violating
4    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
5    Care for Animals Act or Section 26-5 or 48-1 of the
6    Criminal Code of 1961 or the Criminal Code of 2012;
7        (2) the Illinois Athletic Trainers Practice Act;
8        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
9    and Nail Technology Act of 1985;
10        (4) the Boiler and Pressure Vessel Repairer Regulation
11    Act;
12        (5) the Boxing and Full-contact Martial Arts Act;
13        (6) the Illinois Certified Shorthand Reporters Act of
14    1984;
15        (7) the Illinois Farm Labor Contractor Certification
16    Act;
17        (8) the Registered Interior Designers Act;
18        (9) the Illinois Professional Land Surveyor Act of
19    1989;
20        (10) the Landscape Architecture Registration Act;
21        (11) the Marriage and Family Therapy Licensing Act;
22        (12) the Private Employment Agency Act;
23        (13) the Professional Counselor and Clinical
24    Professional Counselor Licensing and Practice Act;
25        (14) the Real Estate License Act of 2000;
26        (15) the Illinois Roofing Industry Licensing Act;

 

 

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1        (16) the Professional Engineering Practice Act of
2    1989;
3        (17) the Water Well and Pump Installation Contractor's
4    License Act;
5        (18) the Electrologist Licensing Act;
6        (19) the Auction License Act;
7        (20) the Illinois Architecture Practice Act of 1989;
8        (21) the Dietitian Nutritionist Practice Act;
9        (22) the Environmental Health Practitioner Licensing
10    Act;
11        (23) the Funeral Directors and Embalmers Licensing
12    Code;
13        (24) (blank);
14        (25) the Professional Geologist Licensing Act;
15        (26) the Illinois Public Accounting Act; and
16        (27) the Structural Engineering Practice Act of 1989.
17(Source: P.A. 102-284, eff. 8-6-21.)