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

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Bill Title: Amends the Election Code. Creates the Task Force to Review Eligibility to Hold Public Office to review what criminal conduct precludes a person from holding public office in the State and to make recommendations as to what criminal conduct should preclude an individual from holding public office. Includes language relating to Task Force membership, administrative support by the Illinois Sentencing Policy Advisory Council, meetings, submission of a report of its findings and recommendations to the General Assembly and the Governor by May 1, 2024, and repealing the provisions on January 1, 2025. Amends the Unified Code of Corrections. Provides that, 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 the amendatory Act and committed while he or she was serving as a public official in the State is ineligible to hold any local public office or any office created by the Constitution of the 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 person has received a restoration of rights by the Governor, or the person's rights are otherwise restored by law. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

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

Download: Illinois-2023-HB0351-Chaptered.html

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Public Act 103-0562
HB0351 Enrolled LRB103 03878 AWJ 48884 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Illinois Notary Public Act is amended by
changing Section 3-107 as follows:
(5 ILCS 312/3-107)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 3-107. Journal.
(a) A notary public or an electronic notary public shall
keep a journal of each notarial act or electronic notarial act
which includes, without limitation, the requirements set by
the Secretary of State in administrative rule, but shall not
include any electronic signatures of the person for whom an
electronic notarial act was performed or any witnesses.
(b) The Secretary of State shall adopt administrative
rules that set forth, at a minimum:
(1) the information to be recorded for each
notarization or electronic notarization;
(2) the period during which the notary public or
electronic notary public must maintain the journal; and
(3) the minimum security requirements for protecting
the information in the journal and access to the contents

of the journal.
(c) A notary or electronic notary may maintain his or her
journal in either paper form or electronic form and may
maintain more than one journal or electronic journal to record
notarial acts or electronic notarial acts.
(d) The fact that the employer or contractor of a notary or
electronic notary public keeps a record of notarial acts or
electronic notarial acts does not relieve the notary public of
the duties required by this Section. A notary public or
electronic notary public shall not surrender the journal to an
employer upon termination of employment and an employer shall
not retain the journal of an employee when the employment of
the notary public or electronic notary public ceases.
(e) If the journal of a notary public or electronic notary
public is lost, stolen, or compromised, the notary or
electronic notary shall notify the Secretary of State within
10 business days after the discovery of the loss, theft, or
breach of security.
(f) Notwithstanding any other provision of this Section or
any rules adopted under this Section, neither a notary public
nor an electronic notary public is required to keep a journal
of or to otherwise record in a journal a notarial act or an
electronic notarial act if that act is performed on any of the
following documents to be filed by or on behalf of a candidate
for public office:
(1) nominating petitions;

(2) petitions of candidacy;
(3) petitions for nomination;
(4) nominating papers; or
(5) nomination papers.
The exemption under this subsection (f) applies regardless
of whether the notarial act or electronic notarial act is
performed on the documents described in paragraphs (1) through
(5) of this subsection before, on, or after the effective date
of this amendatory Act of the 103rd General Assembly, and the
failure of a notary public or an electronic notary public to
keep a journal of or to otherwise record such an act does not
affect the validity of the notarial act on that document and is
not a violation of this Act. As used in this subsection (f),
"public office" has the meaning given in Section 9-1.10 of the
Election Code.
(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for
effective date of P.A. 102-160).)
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:
(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 individuals from the Illinois Sentencing Policy
Advisory Council appointed by the Executive Director.
(6) 2 State Representatives appointed by the Speaker
of the House of Representatives; 2 State Representatives

appointed by the Minority Leader of the House of
Representatives; 2 State Senators appointed by the
President of the Senate; 2 State Senators 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.
(c) The State Board of Elections 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 State Board of Elections 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 State Board of Elections 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
resources. The Task Force shall submit a report of its
findings and recommendations to the General Assembly and the
Governor by May 1, 2025.
(g) This Section is repealed on January 1, 2026.
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
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
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
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
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
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 90. The General Assembly finds that the Office of
the Secretary of State filed the rules necessary to implement
Public Act 102-160 on June 5, 2023. This Act amends Public Act

102-160 in accordance with that finding.
Section 91. "An Act concerning government", approved July
23, 2021, Public Act 102-160, is amended by changing Section
99 as follows:
(P.A. 102-160, Sec. 99)
Sec. 99. Effective date. This Act takes effect on June 5,
2023 (the date of the filing of the later of: (1) January 1,
2022; or (2) the date on which the Office of the Secretary of
State files with the Index Department of the Office of the
Secretary of State a notice that the Office of the Secretary of
State has adopted the rules necessary to implement this Act),
and upon the filing of the notice, the Index Department shall
provide a copy of the notice to the Legislative Reference
Bureau; except that, the changes to Sections 1-106, 2-103, and
2-106 of the Illinois Notary Public Act take effect July 1,
2022.
(Source: P.A. 102-160.)
Section 95. No acceleration or delay. Except for the
changes to Section 99 of Public Act 102-160, where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the

changes made by this Act or (ii) provisions derived from any
other Public Act.