Illinois 2023-2024 Regular Session

Illinois House Bill HB3971 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3971 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 5 ILCS 280/1 from Ch. 102, par. 120 10 ILCS 5/29-15 from Ch. 46, par. 29-15 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. Removes 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, bribery, perjury, or other infamous crime (rather than a felony) for an offense committed on or after the effective date of the amendatory Act while he or she was serving as a public official is ineligible to hold any local public office (in addition to being ineligible to hold an office created by the Constitution of the State) unless the person's conviction is reversed or until the completion of his or her sentence and his or her eligibility to hold office is restored. Amends the Officials Convicted of Infamous Crimes Act and the Election Code making conforming changes. LRB103 26855 AWJ 53219 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3971 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 5 ILCS 280/1 from Ch. 102, par. 120 10 ILCS 5/29-15 from Ch. 46, par. 29-15 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 5 ILCS 280/1 from Ch. 102, par. 120 10 ILCS 5/29-15 from Ch. 46, par. 29-15 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. Removes 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, bribery, perjury, or other infamous crime (rather than a felony) for an offense committed on or after the effective date of the amendatory Act while he or she was serving as a public official is ineligible to hold any local public office (in addition to being ineligible to hold an office created by the Constitution of the State) unless the person's conviction is reversed or until the completion of his or her sentence and his or her eligibility to hold office is restored. Amends the Officials Convicted of Infamous Crimes Act and the Election Code making conforming changes. LRB103 26855 AWJ 53219 b LRB103 26855 AWJ 53219 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3971 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 280/1 from Ch. 102, par. 120 10 ILCS 5/29-15 from Ch. 46, par. 29-15 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 5 ILCS 280/1 from Ch. 102, par. 120 10 ILCS 5/29-15 from Ch. 46, par. 29-15 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
4	4	5 ILCS 280/1 from Ch. 102, par. 120
5	5	10 ILCS 5/29-15 from Ch. 46, par. 29-15
6	6	65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5
7	7	730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
8	8	Amends the Illinois Municipal Code. Removes 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, bribery, perjury, or other infamous crime (rather than a felony) for an offense committed on or after the effective date of the amendatory Act while he or she was serving as a public official is ineligible to hold any local public office (in addition to being ineligible to hold an office created by the Constitution of the State) unless the person's conviction is reversed or until the completion of his or her sentence and his or her eligibility to hold office is restored. Amends the Officials Convicted of Infamous Crimes Act and the Election Code making conforming changes.
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11	11	A BILL FOR
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13	13	HB3971 LRB103 26855 AWJ 53219 b
14	14	1 AN ACT concerning criminal convictions.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. Amends the Officials Convicted of Infamous
18	18	5 Crimes Act by changing Section 1 as follows:
19	19	6 (5 ILCS 280/1) (from Ch. 102, par. 120)
20	20	7 Sec. 1. Any person holding office under the Constitution
21	21	8 of the State of Illinois and every elected official of local
22	22	9 government or of any school district who is convicted in any
23	23	10 court of the State of Illinois or of the United States of a
24	24	11 felony, bribery, perjury, or other infamous crime, as
25	25	12 understood in Section 1 of Article XIII of the Constitution of
26	26	13 1970, shall be, upon conviction, ineligible to continue in
27	27	14 such office unless the person's conviction is reversed under
28	28	15 this Section or the person's eligibility to hold office is
29	29	16 restored under Section 29-15 of the Election Code.
30	30	17 If, subsequently, a final order reverses the conviction,
31	31	18 eligibility to hold the office, to the extent of the original
32	32	19 term then remaining, is restored, and the officer shall be
33	33	20 reinstated, for the duration of the term of office remaining.
34	34	21 Each such officer shall be promptly repaid all compensation
35	35	22 withheld from him as a result of his removal. No rights of an
36	36	23 officer under any pension plan subject to the jurisdiction of
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3971 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
41	41	5 ILCS 280/1 from Ch. 102, par. 120 10 ILCS 5/29-15 from Ch. 46, par. 29-15 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 5 ILCS 280/1 from Ch. 102, par. 120 10 ILCS 5/29-15 from Ch. 46, par. 29-15 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
42	42	5 ILCS 280/1 from Ch. 102, par. 120
43	43	10 ILCS 5/29-15 from Ch. 46, par. 29-15
44	44	65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5
45	45	730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
46	46	Amends the Illinois Municipal Code. Removes 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, bribery, perjury, or other infamous crime (rather than a felony) for an offense committed on or after the effective date of the amendatory Act while he or she was serving as a public official is ineligible to hold any local public office (in addition to being ineligible to hold an office created by the Constitution of the State) unless the person's conviction is reversed or until the completion of his or her sentence and his or her eligibility to hold office is restored. Amends the Officials Convicted of Infamous Crimes Act and the Election Code making conforming changes.
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49	49	A BILL FOR
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55	55	5 ILCS 280/1 from Ch. 102, par. 120
56	56	10 ILCS 5/29-15 from Ch. 46, par. 29-15
57	57	65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5
58	58	730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
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77	77	1 this State, of which the officer is a member at the time of his
78	78	2 ineligibility for office, shall be abridged if the officer is
79	79	3 returned to office by this Act.
80	80	4 After conviction and until a final order of reversal under
81	81	5 this Section or restoration of eligibility to hold office
82	82	6 under Section 29-15 of the Election Code, there shall be no
83	83	7 payment of compensation to any such officer. Upon the
84	84	8 conviction and ineligibility of any person under this Act, a
85	85	9 successor shall be chosen according to law. This successor
86	86	10 shall hold office for the remainder of the term or until a
87	87	11 final order reversing the conviction is entered.
88	88	12 (Source: P.A. 88-419.)
89	89	13 Section 10. The Election Code is amended by changing
90	90	14 Section 29-15 as follows:
91	91	15 (10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
92	92	16 Sec. 29-15. Conviction deemed infamous. Any person
93	93	17 convicted of a felony, bribery, perjury, or other an infamous
94	94	18 crime as such term is defined in Section 124-1 of the Code of
95	95	19 Criminal Procedure of 1963, as amended, shall thereafter be
96	96	20 prohibited from holding any office of honor, trust, or profit
97	97	21 unless the person's conviction is reversed under Section 1 of
98	98	22 the Officials Convicted of Infamous Crimes Act or the person's
99	99	23 eligibility to hold office is restored following the
100	100	24 completion of his or her sentence , unless such person is again
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111	111	1 restored to such rights by the terms of a pardon for the
112	112	2 offense, by receiving has received a restoration of rights by
113	113	3 the Governor, or otherwise according to law. Any time after a
114	114	4 judgment of conviction is rendered, a person convicted of a
115	115	5 felony, bribery, perjury, or other an infamous crime may
116	116	6 petition the Governor for a restoration of rights.
117	117	7 The changes made to this Section by this amendatory Act of
118	118	8 the 102nd General Assembly are declarative of existing law.
119	119	9 (Source: P.A. 102-15, eff. 6-17-21.)
120	120	10 Section 15. The Illinois Municipal Code is amended by
121	121	11 changing Section 3.1-10-5 as follows:
122	122	12 (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
123	123	13 Sec. 3.1-10-5. Qualifications; elective office.
124	124	14 (a) A person is not eligible for an elective municipal
125	125	15 office unless that person is a qualified elector of the
126	126	16 municipality and has resided in the municipality at least one
127	127	17 year next preceding the election or appointment, except as
128	128	18 provided in Section 3.1-20-25, subsection (b) of Section
129	129	19 3.1-25-75, Section 5-2-2, or Section 5-2-11.
130	130	20 (b) A person is not eligible to take the oath of office for
131	131	21 a municipal office if that person is, at the time required for
132	132	22 taking the oath of office, in arrears in the payment of a tax
133	133	23 or other indebtedness due to the municipality or has been
134	134	24 convicted in any court located in the United States of any
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145	145	1 infamous crime, bribery, perjury, or other felony, unless such
146	146	2 person is again restored to his or her rights of citizenship
147	147	3 that may have been forfeited under Illinois law as a result of
148	148	4 a conviction, which includes eligibility to hold elected
149	149	5 municipal office, by the terms of a pardon for the offense, has
150	150	6 received a restoration of rights by the Governor, or otherwise
151	151	7 according to law. Any time after a judgment of conviction is
152	152	8 rendered, a person convicted of an infamous crime, bribery,
153	153	9 perjury, or other felony may petition the Governor for a
154	154	10 restoration of rights.
155	155	11 The changes made to this subsection by this amendatory Act
156	156	12 of the 102nd General Assembly are declarative of existing law
157	157	13 and apply to all persons elected at the April 4, 2017
158	158	14 consolidated election and to persons elected or appointed
159	159	15 thereafter.
160	160	16 (b-5) (Blank).
161	161	17 (c) A person is not eligible for the office of alderperson
162	162	18 of a ward unless that person has resided in the ward that the
163	163	19 person seeks to represent, and a person is not eligible for the
164	164	20 office of trustee of a district unless that person has resided
165	165	21 in the municipality, at least one year next preceding the
166	166	22 election or appointment, except as provided in Section
167	167	23 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
168	168	24 or Section 5-2-11.
169	169	25 (d) If a person (i) is a resident of a municipality
170	170	26 immediately prior to the active duty military service of that
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181	181	1 person or that person's spouse, (ii) resides anywhere outside
182	182	2 of the municipality during that active duty military service,
183	183	3 and (iii) immediately upon completion of that active duty
184	184	4 military service is again a resident of the municipality, then
185	185	5 the time during which the person resides outside the
186	186	6 municipality during the active duty military service is deemed
187	187	7 to be time during which the person is a resident of the
188	188	8 municipality for purposes of determining the residency
189	189	9 requirement under subsection (a).
190	190	10 (Source: P.A. 102-15, eff. 6-17-21.)
191	191	11 Section 20. The Unified Code of Corrections is amended by
192	192	12 changing Section 5-5-5 as follows:
193	193	13 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
194	194	14 Sec. 5-5-5. Loss and restoration of rights.
195	195	15 (a) Conviction and disposition shall not entail the loss
196	196	16 by the defendant of any civil rights, except under this
197	197	17 Section and Sections 29-6 and 29-10 of The Election Code, as
198	198	18 now or hereafter amended.
199	199	19 (b) A person convicted before the effective date of this
200	200	20 amendatory Act of the 103rd General Assembly of a felony shall
201	201	21 be ineligible to hold an office created by the Constitution of
202	202	22 this State until the completion of his sentence.
203	203	23 (b-5) Notwithstanding any other provision of law, a person
204	204	24 convicted of a felony, bribery, perjury, or other infamous
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215	215	1 crime for an offense committed on or after the effective date
216	216	2 of this amendatory Act of the 103rd General Assembly and
217	217	3 committed while he or she was serving as a public official in
218	218	4 this State is ineligible to hold any local public office or any
219	219	5 office created by the Constitution of this State unless the
220	220	6 person's conviction is reversed under Section 1 of the
221	221	7 Officials Convicted of Infamous Crimes Act or until the
222	222	8 completion of his or her sentence and his or her eligibility to
223	223	9 hold office is restored under Section 29-15 of the Election
224	224	10 Code.
225	225	11 (c) A person sentenced to imprisonment shall lose his
226	226	12 right to vote until released from imprisonment.
227	227	13 (d) On completion of sentence of imprisonment or upon
228	228	14 discharge from probation, conditional discharge or periodic
229	229	15 imprisonment, or at any time thereafter, all license rights
230	230	16 and privileges granted under the authority of this State which
231	231	17 have been revoked or suspended because of conviction of an
232	232	18 offense shall be restored unless the authority having
233	233	19 jurisdiction of such license rights finds after investigation
234	234	20 and hearing that restoration is not in the public interest.
235	235	21 This paragraph (d) shall not apply to the suspension or
236	236	22 revocation of a license to operate a motor vehicle under the
237	237	23 Illinois Vehicle Code.
238	238	24 (e) Upon a person's discharge from incarceration or
239	239	25 parole, or upon a person's discharge from probation or at any
240	240	26 time thereafter, the committing court may enter an order
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251	251	1 certifying that the sentence has been satisfactorily completed
252	252	2 when the court believes it would assist in the rehabilitation
253	253	3 of the person and be consistent with the public welfare. Such
254	254	4 order may be entered upon the motion of the defendant or the
255	255	5 State or upon the court's own motion.
256	256	6 (f) Upon entry of the order, the court shall issue to the
257	257	7 person in whose favor the order has been entered a certificate
258	258	8 stating that his behavior after conviction has warranted the
259	259	9 issuance of the order.
260	260	10 (g) This Section shall not affect the right of a defendant
261	261	11 to collaterally attack his conviction or to rely on it in bar
262	262	12 of subsequent proceedings for the same offense.
263	263	13 (h) No application for any license specified in subsection
264	264	14 (i) of this Section granted under the authority of this State
265	265	15 shall be denied by reason of an eligible offender who has
266	266	16 obtained a certificate of relief from disabilities, as defined
267	267	17 in Article 5.5 of this Chapter, having been previously
268	268	18 convicted of one or more criminal offenses, or by reason of a
269	269	19 finding of lack of "good moral character" when the finding is
270	270	20 based upon the fact that the applicant has previously been
271	271	21 convicted of one or more criminal offenses, unless:
272	272	22 (1) there is a direct relationship between one or more
273	273	23 of the previous criminal offenses and the specific license
274	274	24 sought; or
275	275	25 (2) the issuance of the license would involve an
276	276	26 unreasonable risk to property or to the safety or welfare
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287	287	1 of specific individuals or the general public.
288	288	2 In making such a determination, the licensing agency shall
289	289	3 consider the following factors:
290	290	4 (1) the public policy of this State, as expressed in
291	291	5 Article 5.5 of this Chapter, to encourage the licensure
292	292	6 and employment of persons previously convicted of one or
293	293	7 more criminal offenses;
294	294	8 (2) the specific duties and responsibilities
295	295	9 necessarily related to the license being sought;
296	296	10 (3) the bearing, if any, the criminal offenses or
297	297	11 offenses for which the person was previously convicted
298	298	12 will have on his or her fitness or ability to perform one
299	299	13 or more such duties and responsibilities;
300	300	14 (4) the time which has elapsed since the occurrence of
301	301	15 the criminal offense or offenses;
302	302	16 (5) the age of the person at the time of occurrence of
303	303	17 the criminal offense or offenses;
304	304	18 (6) the seriousness of the offense or offenses;
305	305	19 (7) any information produced by the person or produced
306	306	20 on his or her behalf in regard to his or her rehabilitation
307	307	21 and good conduct, including a certificate of relief from
308	308	22 disabilities issued to the applicant, which certificate
309	309	23 shall create a presumption of rehabilitation in regard to
310	310	24 the offense or offenses specified in the certificate; and
311	311	25 (8) the legitimate interest of the licensing agency in
312	312	26 protecting property, and the safety and welfare of
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323	323	1 specific individuals or the general public.
324	324	2 (i) A certificate of relief from disabilities shall be
325	325	3 issued only for a license or certification issued under the
326	326	4 following Acts:
327	327	5 (1) the Animal Welfare Act; except that a certificate
328	328	6 of relief from disabilities may not be granted to provide
329	329	7 for the issuance or restoration of a license under the
330	330	8 Animal Welfare Act for any person convicted of violating
331	331	9 Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
332	332	10 Care for Animals Act or Section 26-5 or 48-1 of the
333	333	11 Criminal Code of 1961 or the Criminal Code of 2012;
334	334	12 (2) the Illinois Athletic Trainers Practice Act;
335	335	13 (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
336	336	14 and Nail Technology Act of 1985;
337	337	15 (4) the Boiler and Pressure Vessel Repairer Regulation
338	338	16 Act;
339	339	17 (5) the Boxing and Full-contact Martial Arts Act;
340	340	18 (6) the Illinois Certified Shorthand Reporters Act of
341	341	19 1984;
342	342	20 (7) the Illinois Farm Labor Contractor Certification
343	343	21 Act;
344	344	22 (8) the Registered Interior Designers Act;
345	345	23 (9) the Illinois Professional Land Surveyor Act of
346	346	24 1989;
347	347	25 (10) the Landscape Architecture Registration Act;
348	348	26 (11) the Marriage and Family Therapy Licensing Act;
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359	359	1 (12) the Private Employment Agency Act;
360	360	2 (13) the Professional Counselor and Clinical
361	361	3 Professional Counselor Licensing and Practice Act;
362	362	4 (14) the Real Estate License Act of 2000;
363	363	5 (15) the Illinois Roofing Industry Licensing Act;
364	364	6 (16) the Professional Engineering Practice Act of
365	365	7 1989;
366	366	8 (17) the Water Well and Pump Installation Contractor's
367	367	9 License Act;
368	368	10 (18) the Electrologist Licensing Act;
369	369	11 (19) the Auction License Act;
370	370	12 (20) the Illinois Architecture Practice Act of 1989;
371	371	13 (21) the Dietitian Nutritionist Practice Act;
372	372	14 (22) the Environmental Health Practitioner Licensing
373	373	15 Act;
374	374	16 (23) the Funeral Directors and Embalmers Licensing
375	375	17 Code;
376	376	18 (24) (blank);
377	377	19 (25) the Professional Geologist Licensing Act;
378	378	20 (26) the Illinois Public Accounting Act; and
379	379	21 (27) the Structural Engineering Practice Act of 1989.
380	380	22 (Source: P.A. 102-284, eff. 8-6-21.)
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