Bill Amendment: IL HB0351 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ELECTIONS-TECH

Status: 2023-11-17 - Public Act . . . . . . . . . 103-0562 [HB0351 Detail]

Download: Illinois-2023-HB0351-House_Amendment_001.html

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Rep. Curtis J. Tarver, II

Filed: 5/11/2023

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AMENDMENT TO HOUSE BILL 351
AMENDMENT NO. ______. Amend House Bill 351 by replacing
everything after the enacting clause with the following:
"Section 5. The Election Code is amended by adding Section
1-20.1 as follows:
(10 ILCS 5/1-20.1 new)
Sec. 1-20.1. Task Force to Review Eligibility to Hold
Public Office.
(a) The Task Force to Review Eligibility to Hold Public
Office is created. The purpose of the Task Force is to review
what criminal conduct precludes a person from holding public
office in this State and to make recommendations as to what
criminal conduct should preclude an individual from holding
public office.
(b) The Task Force shall be comprised of the following
members:

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(1) The president of a statewide bar association or
his or her designee, the executive director of a statewide
association advocating for the advancement of civil
liberties or his or her designee, an executive director of
a legal aid organization or statewide association with a
practice group dedicated to or focused on returning
citizen expungements and sealing of criminal records, all
appointed by the Governor.
(2) 4 members of the public, one appointed by each of
the following: the Speaker of the House of
Representatives; the Minority Leader of the House of
Representatives; the President of the Senate; and the
Minority Leader of the Senate.
(3) 2 individuals who have been formerly incarcerated,
appointed by the Governor.
(4) The Attorney General or his or her designee.
(5) 2 State Representatives appointed by the Speaker
of the House of Representatives; one State Representative
appointed by the Minority Leader of the House of
Representatives; 2 State Senators appointed by the
President of the Senate; one State Senator appointed by
the Minority Leader of the Senate.
The members of the Task Force shall serve without
compensation. All appointments under this subsection must be
made within 30 days after the effective date of this
amendatory Act of the 103rd General Assembly.

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(c) The Illinois Sentencing Policy Advisory Council shall
provide administrative and technical support to the Task Force
and be responsible for administering its operations and
ensuring that the requirements of the Task Force are met. The
Executive Director of the Council shall appoint a
cochairperson for the Task Force and the President of the
Senate and the Speaker of the House of Representatives shall
jointly appoint a cochairperson for the Task Force.
(d) The Task Force shall meet at least 4 times with the
first meeting occurring within 60 days after the effective
date of this amendatory Act of the 103rd General Assembly. The
Executive Director of the Illinois Sentencing Policy Advisory
Council shall designate the day, time, and place for each
meeting of the Task Force.
(e) The Task Force shall review what conduct currently
precludes an individual from holding public office in this
State; the policy rationale for precluding an individual from
holding public office based on certain criminal conduct;
available research and best practices for restoring returning
individuals to full citizenship; and the processes of
restoration of eligibility to hold public office in this
State. After this review, the Task Force shall make
recommendations as to what criminal conduct shall preclude an
individual from holding public office in this State.
(f) The Task Force shall produce a report detailing the
Task Force's findings and recommendations and needed

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resources. The Task Force shall submit a report of its
findings and recommendations to the General Assembly and the
Governor by May 1, 2024.
(g) This Section is repealed on January 1, 2025.
Section 10. The Unified Code of Corrections is amended by
changing Section 5-5-5 as follows:
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
Sec. 5-5-5. Loss and restoration of rights.
(a) Conviction and disposition shall not entail the loss
by the defendant of any civil rights, except under this
Section and Sections 29-6 and 29-10 of The Election Code, as
now or hereafter amended.
(b) A person convicted of a felony shall be ineligible to
hold an office created by the Constitution of this State until
the completion of his sentence.
(b-5) Notwithstanding any other provision of law, a person
convicted of a felony, bribery, perjury, or other infamous
crime for an offense committed on or after the effective date
of this amendatory Act of the 103rd General Assembly and
committed while he or she was serving as a public official in
this State is ineligible to hold any local public office or any
office created by the Constitution of this State unless the
person's conviction is reversed, the person is again restored
to such rights by the terms of a pardon for the offense, the

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person has received a restoration of rights by the Governor,
or the person's rights are otherwise restored by law.
(c) A person sentenced to imprisonment shall lose his
right to vote until released from imprisonment.
(d) On completion of sentence of imprisonment or upon
discharge from probation, conditional discharge or periodic
imprisonment, or at any time thereafter, all license rights
and privileges granted under the authority of this State which
have been revoked or suspended because of conviction of an
offense shall be restored unless the authority having
jurisdiction of such license rights finds after investigation
and hearing that restoration is not in the public interest.
This paragraph (d) shall not apply to the suspension or
revocation of a license to operate a motor vehicle under the
Illinois Vehicle Code.
(e) Upon a person's discharge from incarceration or
parole, or upon a person's discharge from probation or at any
time thereafter, the committing court may enter an order
certifying that the sentence has been satisfactorily completed
when the court believes it would assist in the rehabilitation
of the person and be consistent with the public welfare. Such
order may be entered upon the motion of the defendant or the
State or upon the court's own motion.
(f) Upon entry of the order, the court shall issue to the
person in whose favor the order has been entered a certificate
stating that his behavior after conviction has warranted the

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issuance of the order.
(g) This Section shall not affect the right of a defendant
to collaterally attack his conviction or to rely on it in bar
of subsequent proceedings for the same offense.
(h) No application for any license specified in subsection
(i) of this Section granted under the authority of this State
shall be denied by reason of an eligible offender who has
obtained a certificate of relief from disabilities, as defined
in Article 5.5 of this Chapter, having been previously
convicted of one or more criminal offenses, or by reason of a
finding of lack of "good moral character" when the finding is
based upon the fact that the applicant has previously been
convicted of one or more criminal offenses, unless:
(1) there is a direct relationship between one or more
of the previous criminal offenses and the specific license
sought; or
(2) the issuance of the license would involve an
unreasonable risk to property or to the safety or welfare
of specific individuals or the general public.
In making such a determination, the licensing agency shall
consider the following factors:
(1) the public policy of this State, as expressed in
Article 5.5 of this Chapter, to encourage the licensure
and employment of persons previously convicted of one or
more criminal offenses;
(2) the specific duties and responsibilities

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necessarily related to the license being sought;
(3) the bearing, if any, the criminal offenses or
offenses for which the person was previously convicted
will have on his or her fitness or ability to perform one
or more such duties and responsibilities;
(4) the time which has elapsed since the occurrence of
the criminal offense or offenses;
(5) the age of the person at the time of occurrence of
the criminal offense or offenses;
(6) the seriousness of the offense or offenses;
(7) any information produced by the person or produced
on his or her behalf in regard to his or her rehabilitation
and good conduct, including a certificate of relief from
disabilities issued to the applicant, which certificate
shall create a presumption of rehabilitation in regard to
the offense or offenses specified in the certificate; and
(8) the legitimate interest of the licensing agency in
protecting property, and the safety and welfare of
specific individuals or the general public.
(i) A certificate of relief from disabilities shall be
issued only for a license or certification issued under the
following Acts:
(1) the Animal Welfare Act; except that a certificate
of relief from disabilities may not be granted to provide
for the issuance or restoration of a license under the
Animal Welfare Act for any person convicted of violating

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Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
Care for Animals Act or Section 26-5 or 48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(2) the Illinois Athletic Trainers Practice Act;
(3) the Barber, Cosmetology, Esthetics, Hair Braiding,
and Nail Technology Act of 1985;
(4) the Boiler and Pressure Vessel Repairer Regulation
Act;
(5) the Boxing and Full-contact Martial Arts Act;
(6) the Illinois Certified Shorthand Reporters Act of
1984;
(7) the Illinois Farm Labor Contractor Certification
Act;
(8) the Registered Interior Designers Act;
(9) the Illinois Professional Land Surveyor Act of
1989;
(10) the Landscape Architecture Registration Act;
(11) the Marriage and Family Therapy Licensing Act;
(12) the Private Employment Agency Act;
(13) the Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act;
(14) the Real Estate License Act of 2000;
(15) the Illinois Roofing Industry Licensing Act;
(16) the Professional Engineering Practice Act of
1989;
(17) the Water Well and Pump Installation Contractor's

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License Act;
(18) the Electrologist Licensing Act;
(19) the Auction License Act;
(20) the Illinois Architecture Practice Act of 1989;
(21) the Dietitian Nutritionist Practice Act;
(22) the Environmental Health Practitioner Licensing
Act;
(23) the Funeral Directors and Embalmers Licensing
Code;
(24) (blank);
(25) the Professional Geologist Licensing Act;
(26) the Illinois Public Accounting Act; and
(27) the Structural Engineering Practice Act of 1989.
(Source: P.A. 102-284, eff. 8-6-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.".