FELONY CONVICTION-PUB OFFICE

Illinois General Assembly - Full Text of HB4236

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB4236

Home

Legislation

Full Text

HB4236 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

House Amendment 001

Printer Friendly Version

Introduced

House Amendment 001

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4236

Introduced 1/14/2026, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

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 Unified Code of Corrections. Provides that a person
convicted of a felony, after the completion of his or her sentence,
including the completion of his or her parole or mandatory supervised
release term, shall be eligible to be nominated for, and elected to, an
elective public office. Provides that the provision does not apply to a
person convicted of a felony, bribery, perjury, or other infamous crime
for an offense committed while he or she was serving as a public official
in the State. Defines "elective public office". Amends the Election Code
and the Illinois Municipal Code to make conforming changes.
LRB104 16939 RLC 30353 b

A BILL FOR

HB4236
LRB104 16939 RLC 30353 b
1

AN ACT concerning elected public office.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Election Code is amended by changing
5
Section 29-15 as follows:

6

(10 ILCS 5/29-15)

(from Ch. 46, par. 29-15)
7

Sec. 29-15.
Conviction deemed infamous.
Except as
8
otherwise provided in subsection (b-6) of Section 5-5-5 of the
9
Unified Code of Corrections, any

Any
person convicted of an
10
infamous crime as such term is defined in Section 124-1 of the
11
Code of Criminal Procedure of 1963, as amended, shall
12
thereafter be prohibited from holding any office of honor,
13
trust, or profit, unless such person is again restored to such
14
rights by the terms of a pardon for the offense, has received a
15
restoration of rights by the Governor, or otherwise according
16
to law. Any time after a judgment of conviction is rendered, a
17
person convicted of an infamous crime may petition the
18
Governor for a restoration of rights.
19

The changes made to this Section by this amendatory Act of
20
the 102nd General Assembly are declarative of existing law.
21
(Source: P.A. 102-15, eff. 6-17-21.)

22

Section 10.
The Illinois Municipal Code is amended by

HB4236
- 2 -
LRB104 16939 RLC 30353 b
1
changing Section 3.1-10-5 as follows:

2

(65 ILCS 5/3.1-10-5)

(from Ch. 24, par. 3.1-10-5)
3

Sec. 3.1-10-5.
Qualifications; elective office.
4

(a) A person is not eligible for an elective municipal
5
office unless that person is a qualified elector of the
6
municipality and has resided in the municipality at least one
7
year next preceding the election or appointment, except as
8
provided in Section 3.1-20-25, subsection (b) of Section
9
3.1-25-75, Section 5-2-2, or Section 5-2-11.
10

(b)
Except as otherwise provided in subsection (b-6) of
11
Section 5-5-5 of the Unified Code of Corrections, a

A
person is
12
not eligible to take the oath of office for a municipal office
13
if that person is, at the time required for taking the oath of
14
office, in arrears in the payment of a tax or other
15
indebtedness due to the municipality or has been convicted in
16
any court located in the United States of any infamous crime,
17
bribery, perjury, or other felony, unless such person is again
18
restored to his or her rights of citizenship that may have been
19
forfeited under Illinois law as a result of a conviction,
20
which includes eligibility to hold elected municipal office,
21
by the terms of a pardon for the offense, has received a
22
restoration of rights by the Governor, or otherwise according
23
to law. Any time after a judgment of conviction is rendered, a
24
person convicted of an infamous crime, bribery, perjury, or
25
other felony may petition the Governor for a restoration of

HB4236
- 3 -
LRB104 16939 RLC 30353 b
1
rights.
2

The changes made to this subsection by this amendatory Act
3
of the 102nd General Assembly are declarative of existing law
4
and apply to all persons elected at the April 4, 2017
5
consolidated election and to persons elected or appointed
6
thereafter.
7

(b-5) (Blank).
8

(c) A person is not eligible for the office of alderperson
9
of a ward unless that person has resided in the ward that the
10
person seeks to represent, and a person is not eligible for the
11
office of trustee of a district unless that person has resided
12
in the municipality, at least one year next preceding the
13
election or appointment, except as provided in Section
14
3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
15
or Section 5-2-11.
16

(d) If a person (i) is a resident of a municipality
17
immediately prior to the active duty military service of that
18
person or that person's spouse, (ii) resides anywhere outside
19
of the municipality during that active duty military service,
20
and (iii) immediately upon completion of that active duty
21
military service is again a resident of the municipality, then
22
the time during which the person resides outside the
23
municipality during the active duty military service is deemed
24
to be time during which the person is a resident of the
25
municipality for purposes of determining the residency
26
requirement under subsection (a).

HB4236
- 4 -
LRB104 16939 RLC 30353 b
1
(Source: P.A. 102-15, eff. 6-17-21.)

2

Section 15.
The Unified Code of Corrections is amended by
3
changing Section 5-5-5 as follows:

4

(730 ILCS 5/5-5-5)

(from Ch. 38, par. 1005-5-5)
5

Sec. 5-5-5.
Loss and restoration of rights.
6

(a) Conviction and disposition shall not entail the loss
7
by the defendant of any civil rights, except under this
8
Section and Sections 29-6 and 29-10 of The Election Code, as
9
now or hereafter amended.
10

(b) A person convicted of a felony shall be ineligible to
11
hold an office created by the Constitution of this State until
12
the completion of his sentence.
13

(b-5) Notwithstanding any other provision of law, a person
14
convicted of a felony, bribery, perjury, or other infamous
15
crime for an offense committed on or after the effective date
16
of this amendatory Act of the 103rd General Assembly and
17
committed while he or she was serving as a public official in
18
this State is ineligible to hold any local public office or any
19
office created by the Constitution of this State unless the
20
person's conviction is reversed, the person is again restored
21
to such rights by the terms of a pardon for the offense, the
22
person has received a restoration of rights by the Governor,
23
or the person's rights are otherwise restored by law.
24

(b-6) Except as otherwise provided in subsection (b-5) and

HB4236
- 5 -
LRB104 16939 RLC 30353 b
1
notwithstanding any other law, a person convicted of a felony,
2
after the completion of his or her sentence, including the
3
completion of his or her parole or mandatory supervised
4
release term, shall be eligible to be nominated for, and
5
elected to, an elective public office. As used in this
6
subsection (b-6), "elective public office" means an office for
7
which a person is elected that has been created by the
8
Constitution of this State, a law of this State, or a county or
9
municipal ordinance or referendum.

10

(c) A person sentenced to imprisonment shall lose his
11
right to vote until released from imprisonment.
12

(d) On completion of sentence of imprisonment or upon
13
discharge from probation, conditional discharge or periodic
14
imprisonment, or at any time thereafter, all license rights
15
and privileges granted under the authority of this State which
16
have been revoked or suspended because of conviction of an
17
offense shall be restored unless the authority having
18
jurisdiction of such license rights finds after investigation
19
and hearing that restoration is not in the public interest.
20
This paragraph (d) shall not apply to the suspension or
21
revocation of a license to operate a motor vehicle under the
22
Illinois Vehicle Code.
23

(e) Upon a person's discharge from incarceration or
24
parole, or upon a person's discharge from probation or at any
25
time thereafter, the committing court may enter an order
26
certifying that the sentence has been satisfactorily completed

HB4236
- 6 -
LRB104 16939 RLC 30353 b
1
when the court believes it would assist in the rehabilitation
2
of the person and be consistent with the public welfare. Such
3
order may be entered upon the motion of the defendant or the
4
State or upon the court's own motion.
5

(f) Upon entry of the order, the court shall issue to the
6
person in whose favor the order has been entered a certificate
7
stating that his behavior after conviction has warranted the
8
issuance of the order.
9

(g) This Section shall not affect the right of a defendant
10
to collaterally attack his conviction or to rely on it in bar
11
of subsequent proceedings for the same offense.
12

(h) No application for any license specified in subsection
13
(i) of this Section granted under the authority of this State
14
shall be denied by reason of an eligible offender who has
15
obtained a certificate of relief from disabilities, as defined
16
in Article 5.5 of this Chapter, having been previously
17
convicted of one or more criminal offenses, or by reason of a
18
finding of lack of "good moral character" when the finding is
19
based upon the fact that the applicant has previously been
20
convicted of one or more criminal offenses, unless:
21

(1) there is a direct relationship between one or more
22

of the previous criminal offenses and the specific license
23

sought; or
24

(2) the issuance of the license would involve an
25

unreasonable risk to property or to the safety or welfare
26

of specific individuals or the general public.

HB4236
- 7 -
LRB104 16939 RLC 30353 b
1

In making such a determination, the licensing agency shall
2
consider the following factors:
3

(1) the public policy of this State, as expressed in
4

Article 5.5 of this Chapter, to encourage the licensure
5

and employment of persons previously convicted of one or
6

more criminal offenses;
7

(2) the specific duties and responsibilities
8

necessarily related to the license being sought;
9

(3) the bearing, if any, the criminal offenses or
10

offenses for which the person was previously convicted
11

will have on his or her fitness or ability to perform one
12

or more such duties and responsibilities;
13

(4) the time which has elapsed since the occurrence of
14

the criminal offense or offenses;
15

(5) the age of the person at the time of occurrence of
16

the criminal offense or offenses;
17

(6) the seriousness of the offense or offenses;
18

(7) any information produced by the person or produced
19

on his or her behalf in regard to his or her rehabilitation
20

and good conduct, including a certificate of relief from
21

disabilities issued to the applicant, which certificate
22

shall create a presumption of rehabilitation in regard to
23

the offense or offenses specified in the certificate; and
24

(8) the legitimate interest of the licensing agency in
25

protecting property, and the safety and welfare of
26

specific individuals or the general public.

HB4236
- 8 -
LRB104 16939 RLC 30353 b
1

(i) A certificate of relief from disabilities shall be
2
issued only for a license or certification issued under the
3
following Acts:
4

(1) the Animal Welfare Act; except that a certificate
5

of relief from disabilities may not be granted to provide
6

for the issuance or restoration of a license under the
7

Animal Welfare Act for any person convicted of violating
8

Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
9

Care for Animals Act or Section 26-5 or 48-1 of the
10

Criminal Code of 1961 or the Criminal Code of 2012;
11

(2) the Illinois Athletic Trainers Practice Act;
12

(3) the Barber, Cosmetology, Esthetics, Hair Braiding,
13

and Nail Technology Act of 1985;
14

(4) the Boiler and Pressure Vessel Repairer Regulation
15

Act;
16

(5) the Boxing and Full-contact Martial Arts Act;
17

(6) the Illinois Certified Shorthand Reporters Act of
18

1984;
19

(7) the Illinois Farm Labor Contractor Certification
20

Act;
21

(8) the Registered Interior Designers Act;
22

(9) the Illinois Professional Land Surveyor Act of
23

1989;
24

(10) the Landscape Architecture Registration Act;
25

(11) the Marriage and Family Therapy Licensing Act;
26

(12) the Private Employment Agency Act;

HB4236
- 9 -
LRB104 16939 RLC 30353 b
1

(13) the Professional Counselor and Clinical
2

Professional Counselor Licensing and Practice Act;
3

(14) the Real Estate License Act of 2000;
4

(15) the Illinois Roofing Industry Licensing Act;
5

(16) the Professional Engineering Practice Act of
6

1989;
7

(17) the Water Well and Pump Installation Contractor's
8

License Act;
9

(18) the Electrologist Licensing Act;
10

(19) the Auction License Act;
11

(20) the Illinois Architecture Practice Act of 1989;
12

(21) the Dietitian Nutritionist Practice Act;
13

(22) the Environmental Health Practitioner Licensing
14

Act;
15

(23) the Funeral Directors and Embalmers Licensing
16

Code;
17

(24) (blank);
18

(25) the Professional Geologist Licensing Act;
19

(26) the Illinois Public Accounting Act; and
20

(27) the Structural Engineering Practice Act of 1989.
21
(Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.)

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn