Public Act 103-0562
 
HB0351 EnrolledLRB103 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.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.