093_HB1091ham003

 










                                     LRB093 04718 RLC 14469 a

 1                    AMENDMENT TO HOUSE BILL 1091

 2        AMENDMENT NO.     .  Amend House Bill 1091,  AS  AMENDED,
 3    by replacing all of subsection (3) of Sec. 5-915 of Section 5
 4    with the following:
 5        "(3)  The  chief  judge of the circuit in which an arrest
 6    was made or a charge was brought or any judge of that circuit
 7    designated by the chief judge shall, for may,  upon  verified
 8    petition  of  a  person  who is the subject of an arrest or a
 9    juvenile court proceeding under subsection (1) or (2) of this
10    Section, order the law enforcement records or official  court
11    file,  or  both,  to be expunged from the official records of
12    the arresting authority, the clerk of the circuit  court  and
13    the  Department of State Police. The person whose records are
14    to be expunged shall provide the clerk of the  court  with  a
15    current  address  and  shall promptly notify the clerk of the
16    court of any change of  address.  Notice  that  the  person's
17    records  are  to be expunged shall be served upon the State's
18    Attorney or prosecutor charged with the duty  of  prosecuting
19    the  offense,  the  Department of State Police, the arresting
20    agency, and the chief legal officer  of  the  unit  of  local
21    government  effecting the arrest by the clerk of the court on
22    the offender's 17th birthday or, for a person  whose  records
23    are   being   expunged  under  subsection  (2),  (i)  on  the
24    offender's 21st birthday or (ii) after 5 years  have  elapsed
 
                            -2-      LRB093 04718 RLC 14469 a
 1    since  all  juvenile  court proceedings related to him or her
 2    have  been  terminated  or  his  or  her  commitment  to  the
 3    Department  of  Corrections,  Juvenile  Division   has   been
 4    terminated,  whichever  is  later.  If  an objection is filed
 5    within 90 days of the notice of the proposed expungement, the
 6    court shall set a date for hearing. At the hearing the  court
 7    shall  hear  evidence  on  whether  the expungement should or
 8    should  not  be  granted.  Unless  the  State's  Attorney  or
 9    prosecutor, the Department of State Police, or  an  arresting
10    agency  objects  to  the  expungement  within  90 days of the
11    notice,  the  court  shall  enter  an  order   granting   the
12    expungement.  The person whose records are expunged shall pay
13    the  clerk  of  the  court  a  fee  equivalent  to  the  cost
14    associated with case tracking and expungement of the records.
15        (3.5) A person whose records are eligible for expungement
16    and whose arrest or disposition occurred before the  date  of
17    this  amendatory  act  of  the  93rd  General  Assembly, must
18    petition the court for expungement under  this  Section.  The
19    chief  judge  of the circuit in which an arrest was made or a
20    charge was brought or any judge of that circuit designated by
21    the chief judge may, upon verified petition,  order  the  law
22    enforcement  records  or  official court file, or both, to be
23    expunged  from  the  official  records   of   the   arresting
24    authority,  the clerk of the circuit court and the Department
25    of State Police. Notice of the  verified  petition  shall  be
26    served  by  the  petitioner  upon  the  State's  Attorney  or
27    prosecutor  charged with the duty of prosecuting the offense,
28    the Department of State Police, the arresting agency, and the
29    chief legal officer of the unit of local government effecting
30    the arrest. If an objection is filed within 90  days  of  the
31    notice  of  the  requested expungement, the court shall set a
32    date for  hearing.  At  the  hearing  the  court  shall  hear
33    evidence  on  whether the expungement should or should not be
34    granted. Unless  the  State's  Attorney  or  prosecutor,  the
 
                            -3-      LRB093 04718 RLC 14469 a
 1    Department of State Police, or an arresting agency objects to
 2    the expungement within 90 days of the notice, the court shall
 3    enter  an  order  granting  the  expungement.  Notice  of the
 4    petition shall be served upon the State's Attorney  and  upon
 5    the  arresting authority which is the subject of the petition
 6    for expungement.".