Bill Text: IL SB1453 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Election Code, the Township Code, the Illinois Municipal Code, and the School Code to provide exemptions and requirements allowing a person previously convicted of an infamous crime to hold elective office. Amends the Unified Code of Corrections. Provides that conviction and disposition shall not entail the loss by the defendant of any civil rights except, in addition to other specified provisions, as provided in a provision of the Election Code concerning convictions for infamous crimes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1453 Detail]

Download: Illinois-2019-SB1453-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1453 Introduced 2/13/2019, by Sen. Terry Link SYNOPSIS AS INTRODUCED:
10 ILCS 5/25-2 from Ch. 46, par. 25-2
10 ILCS 5/29-15 from Ch. 46, par. 29-15
60 ILCS 1/55-6
65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5
105 ILCS 5/10-11 from Ch. 122, par. 10-11
730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
Amends the Election Code, the Township Code, the Illinois Municipal Code, and the School Code to provide exemptions and requirements allowing a person previously convicted of an infamous crime to hold elective office. Amends the Unified Code of Corrections. Provides that conviction and disposition shall not entail the loss by the defendant of any civil rights except, in addition to other specified provisions, as provided in a provision of the Election Code concerning convictions for infamous crimes. Effective immediately.
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A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 25-2 and 29-15 as follows:
(10 ILCS 5/25-2) (from Ch. 46, par. 25-2)
Sec. 25-2. Events on which an elective office becomes
vacant. Every elective office shall become vacant on the
happening of any of the following events before the expiration
of the term of such office:
(1) The death of the incumbent.
(2) His or her resignation.
(3) His or her becoming a person under legal
disability.
(4) His or her ceasing to be an inhabitant of the
State; or if the office is local, his or her ceasing to be
an inhabitant of the district, county, town, or precinct
for which he or she was elected; provided, that the
provisions of this paragraph shall not apply to township
officers whose township boundaries are changed in
accordance with Section 10-20 of the Township Code, to a
township officer after disconnection as set forth in
Section 15-17 of the Township Code, nor to township or

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multi-township assessors elected under Sections 2-5
through 2-15 of the Property Tax Code.
(5) His or her conviction of an infamous crime, or of
any offense involving a violation of official oath.
(6) His or her removal from office.
(7) His or her refusal or neglect to take his or her
oath of office, or to give or renew his or her official
bond, or to deposit or file such oath or bond within the
time prescribed by law.
(8) The decision of a competent tribunal declaring his
or her election void.
No elective office, except as herein otherwise provided,
shall become vacant until the successor of the incumbent of
such office has been appointed or elected, as the case may be,
and qualified.
An unconditional resignation, effective at a future date,
may not be withdrawn after it is received by the officer
authorized to fill the vacancy. Such resignation shall create a
vacancy in office for the purpose of determining the time
period which would require an election. The resigning office
holder may continue to hold such office until the date or event
specified in such resignation, but no later than the date at
which his or her successor is elected and qualified.
An admission of guilt of a criminal offense that would,
upon conviction, disqualify the holder of an elective office
from holding that office, in the form of a written agreement

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with State or federal prosecutors to plead guilty to a felony,
bribery, perjury, or other infamous crime under State or
federal law, shall constitute a resignation from that office,
effective at the time the plea agreement is made.
For purposes of this Section, a conviction for an offense
that disqualifies the holder of an elective office from holding
that office shall occur on the date of the return of a guilty
verdict or, in the case of a trial by the court, the entry of a
finding of guilt.
For the purposes of this Section, an elective office does
not become vacant if the person previously convicted of an
infamous crime: (i) received a pardon for the offense or the
right of the person to hold elective office has been otherwise
restored by executive or judicial action; (ii) has completed
the sentence ordered by the court for the offense at least 15
years prior to taking office, has not had another felony
criminal conviction in the 15 years following the completion of
the sentence, and, prior to taking office or within 30 days
after the effective date of this amendatory Act of the 101st
General Assembly (including individuals and candidates elected
at the last preceding election after the effective date of this
paragraph), whichever is later, has submitted to the
appropriate election authority a signed and sworn affidavit
which includes the date of all criminal convictions, the date
of completion of any sentences, and an assertion that the
person believes he or she qualifies under this exemption; or

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(iii) is otherwise eligible according to law. An affidavit
submitted under item (ii) of this paragraph shall also be
submitted to the appropriate State's Attorney's Office.
However, this paragraph shall not apply to a person who is a
child sex offender as defined in Section 11-9.3 of the Criminal
Code of 2012.
This Section does not apply to any elected or appointed
officers or officials of any municipality having a population
under 500,000.
(Source: P.A. 94-529, eff. 8-10-05; 95-646, eff. 1-1-08.)
(10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
Sec. 29-15. Conviction deemed infamous. Any person
convicted of an infamous crime as such term is defined in
Section 124-1 of the Code of Criminal Procedure of 1963, as
amended, shall thereafter be prohibited from holding any office
of honor, trust, or profit, unless: (1) that person's right to
hold elective office has been restored by the terms of a pardon
for the offense, or by executive or judicial action; (2) that
person has completed the sentence ordered by the court for the
offense at least 15 years prior to taking office, has not had
another felony criminal conviction in the 15 years following
the completion of the sentence, and has submitted to the
appropriate election authority a signed and sworn affidavit
which includes the date of all criminal convictions, the date
of completion of any sentences, and an assertion that the

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person believes he or she qualifies under this exemption; or
(3) that person is otherwise eligible according to law such
person is again restored to such rights by the terms of a
pardon for the offense or otherwise according to law.
Any person seeking office under exemption (2) of this
Section must submit, with his or her nomination papers, a
signed affidavit asserting that exemption. No candidate
required to file the affidavit under this Section shall qualify
as a candidate for election or nomination unless he or she
files the affidavit asserting an exemption with the appropriate
officer by the end of the period for the filing of nomination
papers. A person seeking election or nomination as a write-in
candidate who would otherwise be required to file an affidavit
under exemption (2) of this Section shall file the affidavit
with his or her declaration of intent to be a write-in
candidate. The filing of a false affidavit of exemption shall
disqualify a candidate or officeholder in addition to other
penalties provided by law. Objections to the affidavit
asserting an exemption shall be governed by Sections 10-8
through 10-10.1 of the Election Code with the same procedures
as objections to certificates of nomination and nomination
papers, hearings on objections, and judicial review. If
required, failure to file an affidavit asserting an exemption
under this Section with nomination papers or failure to
otherwise file the affidavit within 30 days after the effective
date of this amendatory Act of the 101st General Assembly,

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whichever is later, or filing a false affidavit asserting an
exemption, shall constitute grounds for immediate removal from
office by the appropriate authority as provided by law.
Exemption (2) of this Section shall not apply to a person who
is a child sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012.
(Source: P.A. 83-1097.)
Section 10. The Township Code is amended by changing
Section 55-6 as follows:
(60 ILCS 1/55-6)
Sec. 55-6. Criminal conviction. A person is not eligible to
hold any office if that person, at the time required for taking
the oath of office, has been convicted in any court located in
the United States of any infamous crime, bribery, perjury, or
other felony unless: (1) that person's right to hold elective
office has been restored by the terms of a pardon for the
offense, or by executive or judicial action; (2) that person
has completed the sentence ordered by the court for the offense
at least 15 years prior to taking office, has not had another
felony criminal conviction in the 15 years following the
completion of the sentence, and has submitted to the
appropriate election authority a signed and sworn affidavit
which includes the date of all criminal convictions, the date
of completion of any sentences, and an assertion that the

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person believes he or she qualifies under this exemption; or
(3) is otherwise eligible according to law.
The person seeking office under exemption (2) of this
Section must submit, with his or her nomination papers, a
signed affidavit asserting that exemption. No candidate
required to file the affidavit under this Section shall qualify
as a candidate for election or nomination unless he or she
files the affidavit asserting an exemption with the appropriate
officer by the end of the relevant period for the filing of
nomination papers. The filing of a false affidavit of exemption
shall disqualify a candidate, in addition to other penalties
provided by law. Objections to the affidavit asserting an
exemption shall be governed by Sections 10-8 through 10-10.1 of
the Election Code with the same procedure as objections to
certificates of nomination and nomination papers, hearings on
objections, and judicial review. If required, failure to file
an affidavit asserting an exemption under this Section with
nomination papers or failure to otherwise file the affidavit
within 30 days after the effective date of this amendatory Act
of the 101st General Assembly, whichever is later, or filing a
false affidavit asserting an exemption, shall constitute
grounds for immediate removal from office by the appropriate
authority as provided by law. Exemption (2) of this Section
shall not apply to a person who is a child sex offender as
defined in Section 11-9.3 of the Criminal Code of 2012.
(Source: P.A. 99-546, eff. 7-15-16.)

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Section 15. The Illinois Municipal Code is amended by
changing Section 3.1-10-5 as follows:
(65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
Sec. 3.1-10-5. Qualifications; elective office.
(a) A person is not eligible for an elective municipal
office unless that person is a qualified elector of the
municipality and has resided in the municipality at least one
year next preceding the election or appointment, except as
provided in Section 3.1-20-25, subsection (b) of Section
3.1-25-75, Section 5-2-2, or Section 5-2-11.
(b) A person is not eligible to take the oath of office for
a municipal office if that person is, at the time required for
taking the oath of office, in arrears in the payment of a tax
or other indebtedness due to the municipality or has been
convicted in any court located in the United States of any
infamous crime, bribery, perjury, or other felony unless: (1)
that person's right to hold elective office has been restored
by the terms of a pardon for the offense, or by executive or
judicial action; (2) that person has completed the sentence
ordered by the court for the offense at least 15 years prior to
taking office, has not had another felony criminal conviction
in the 15 years following the completion of the sentence, and
has submitted to the appropriate election authority a signed
and sworn affidavit which includes the date of all criminal

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convictions, the date of completion of any sentences, and an
assertion that the person believes he or she qualifies under
this exemption; or (3) is otherwise eligible according to law.
The person seeking office under exemption (2) of this
subsection (b) must submit, with his or her nomination papers,
a signed affidavit asserting that exemption. No candidate
required to file the affidavit under this Section shall qualify
as a candidate for election or nomination unless he or she
files the affidavit asserting an exemption with the appropriate
officer by the end of the relevant period for the filing of
nomination papers. The filing of a false affidavit of exemption
shall disqualify a candidate, in addition to other penalties
provided by law. Objections to the affidavit asserting an
exemption shall be governed by Sections 10-8 through 10-10.1 of
the Election Code with the same procedure as objections to
certificates of nomination and nomination papers, hearings on
objections, and judicial review. If required, failure to file
an affidavit asserting an exemption under this Section with
nomination papers or failure to otherwise file the affidavit
within 30 days after the effective date of this amendatory Act
of the 101st General Assembly, whichever is later, or filing a
false affidavit asserting an exemption, shall constitute
grounds for immediate removal from office by the appropriate
authority as provided by law. Exemption (2) of this subsection
(b) shall not apply to a person who is a child sex offender as
defined in Section 11-9.3 of the Criminal Code of 2012.

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(b-5) (Blank).
(c) A person is not eligible for the office of alderman of
a ward unless that person has resided in the ward that the
person seeks to represent, and a person is not eligible for the
office of trustee of a district unless that person has resided
in the municipality, at least one year next preceding the
election or appointment, except as provided in Section
3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
or Section 5-2-11.
(d) If a person (i) is a resident of a municipality
immediately prior to the active duty military service of that
person or that person's spouse, (ii) resides anywhere outside
of the municipality during that active duty military service,
and (iii) immediately upon completion of that active duty
military service is again a resident of the municipality, then
the time during which the person resides outside the
municipality during the active duty military service is deemed
to be time during which the person is a resident of the
municipality for purposes of determining the residency
requirement under subsection (a).
(Source: P.A. 98-115, eff. 7-29-13; 99-449, eff. 8-24-15.)
Section 20. The School Code is amended by changing Section
10-11 as follows:
(105 ILCS 5/10-11) (from Ch. 122, par. 10-11)

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Sec. 10-11. Vacancies. Elective offices become vacant
within the meaning of the Act, unless the context indicates
otherwise, on the happening of any of the following events,
before the expiration of the term of such office:
1. The death of the incumbent.
2. His or her resignation in writing filed with the
Secretary or Clerk of the Board.
3. His or her becoming a person under legal disability.
4. His or her ceasing to be an inhabitant of the
district for which he or she was elected.
5. His or her conviction of an infamous crime, of any
offense involving a violation of official oath, or of a
violent crime against a child.
6. His or her removal from office.
7. The decision of a competent tribunal declaring his
or her election void.
8. His ceasing to be an inhabitant of a particular area
from which he was elected, if the residential requirements
contained in Section 10-10.5, 11E-35, or 12-2 of this Code
are violated.
No elective office except as herein otherwise provided
becomes vacant until the successor of the incumbent of such
office has been appointed or elected, as the case may be, and
qualified. The successor shall have the same type of
residential qualifications as his or her predecessor and, if
the residential requirements contained in Section 10-10.5,

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11E-35, or 12-2 of this Code apply, the successor, whether
elected or appointed by the remaining members or a regional
superintendent, shall be an inhabitant of the particular area
from which his or her predecessor was elected.
For the purpose of this Section, an elective office does
not become vacant if the person previously convicted of an
infamous crime: (i) received a pardon for the offense; (ii) has
completed the sentence ordered by the court for the offense at
least 15 years prior to taking office, has not had another
felony criminal conviction in the 15 years following the
completion of the sentence, and has submitted to the secretary
of the school board prior to taking office or within 30 days of
the effective date of this amendatory Act of the 101st General
Assembly, whichever is later, a signed affidavit which includes
the date of all criminal convictions, the date of completion of
any sentences, and an assertion that the person believes he or
she qualifies under this exemption; or (iii) is otherwise
eligible according to law. An affidavit submitted under item
(ii) of this paragraph shall be submitted to the appropriate
State's Attorney upon request. However, this paragraph shall
not apply to a person who is a child sex offender as defined in
Section 11-9.3 of the Criminal Code of 2012.
(Source: P.A. 94-1019, eff. 7-10-06.)
Section 25. The Unified Code of Corrections is amended by
changing Section 5-5-5 as follows:

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(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, and 29-15 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.
(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

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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.

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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.

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(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 Illinois Landscape Architecture Act of 1989;
(11) the Marriage and Family Therapy Licensing Act;
(12) the Private Employment Agency Act;

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(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. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.