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Public Act 103-0562
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| HB0351 Enrolled | LRB103 03878 AWJ 48884 b |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 3. The Illinois Notary Public Act is amended by |
changing Section 3-107 as follows:
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(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 |
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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; |
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(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).)
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Section 5. The Election Code is amended by adding Section |
1-20.1 as follows:
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(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 |
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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 |
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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; |
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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.
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Section 10. 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 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 |
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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 |
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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 |
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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 |
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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; |
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(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.)
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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 |
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102-160 in accordance with that finding.
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Section 91. "An Act concerning government", approved July |
23, 2021, Public Act 102-160, is amended by changing Section |
99 as follows:
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(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.)
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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 |