HB1952 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1952

 

Introduced 2/17/2021, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-915

    Amends the Juvenile Court Act of 1987. Provides that the juvenile law enforcement records of a person who before his or her 18th birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement. Provides that the law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision. Provides that the law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency. Provides that the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 18th birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk's possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision. Effective immediately.


LRB102 10832 RLC 16162 b

 

 

A BILL FOR

 

HB1952LRB102 10832 RLC 16162 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-915 as follows:
 
6    (705 ILCS 405/5-915)
7    Sec. 5-915. Expungement of juvenile law enforcement and
8juvenile court records.
9    (0.05) (Blank).
10    (0.1) (a) The Department of State Police and all law
11enforcement agencies within the State shall automatically
12expunge, on or before January 1 of each year, all juvenile law
13enforcement records relating to events occurring before an
14individual's 18th birthday if:
15        (1) one year or more has elapsed since the date of the
16    arrest or law enforcement interaction documented in the
17    records;
18        (2) no petition for delinquency or criminal charges
19    were filed with the clerk of the circuit court relating to
20    the arrest or law enforcement interaction documented in
21    the records; and
22        (3) 6 months have elapsed since the date of the arrest
23    without an additional subsequent arrest or filing of a

 

 

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1    petition for delinquency or criminal charges whether
2    related or not to the arrest or law enforcement
3    interaction documented in the records.
4    (b) If the law enforcement agency is unable to verify
5satisfaction of conditions (2) and (3) of this subsection
6(0.1), records that satisfy condition (1) of this subsection
7(0.1) shall be automatically expunged if the records relate to
8an offense that if committed by an adult would not be an
9offense classified as Class 2 felony or higher, an offense
10under Article 11 of the Criminal Code of 1961 or Criminal Code
11of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1212-15, or 12-16 of the Criminal Code of 1961.
13    (0.15) If a juvenile law enforcement record meets
14paragraph (a) of subsection (0.1) of this Section, a juvenile
15law enforcement record created:
16        (1) prior to January 1, 2018, but on or after January
17    1, 2013 shall be automatically expunged prior to January
18    1, 2020;
19        (2) prior to January 1, 2013, but on or after January
20    1, 2000, shall be automatically expunged prior to January
21    1, 2023; and
22        (3) prior to January 1, 2000 shall not be subject to
23    the automatic expungement provisions of this Act.
24Nothing in this subsection (0.15) shall be construed to
25restrict or modify an individual's right to have his or her
26juvenile law enforcement records expunged except as otherwise

 

 

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1may be provided in this Act.
2    (0.16) Notwithstanding any other provision of this
3Section, commencing 180 days after the effective date of this
4amendatory Act of the 102nd General Assembly, the juvenile law
5enforcement records of a person who before his or her 18th
6birthday has committed an act which if committed by an adult
7would constitute a criminal violation under the Cannabis
8Control Act or a criminal violation of Section 3.5 of the Drug
9Paraphernalia Control Act with respect to cannabis are subject
10to automatic expungement. The law enforcement agency who
11initiated the violation shall automatically expunge, on or
12before January 1 and July 1 of each year, the juvenile law
13enforcement records of a person eligible under this subsection
14(0.16). The law enforcement agency shall provide by rule the
15process for access, review, and confirmation of the automatic
16expungement by the law enforcement agency.
17    (0.2) (a) Upon dismissal of a petition alleging
18delinquency or upon a finding of not delinquent, the
19successful termination of an order of supervision, or the
20successful termination of an adjudication for an offense which
21would be a Class B misdemeanor, Class C misdemeanor, or a petty
22or business offense if committed by an adult, the court shall
23automatically order the expungement of the juvenile court
24records and juvenile law enforcement records. The clerk shall
25deliver a certified copy of the expungement order to the
26Department of State Police and the arresting agency. Upon

 

 

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1request, the State's Attorney shall furnish the name of the
2arresting agency. The expungement shall be completed within 60
3business days after the receipt of the expungement order.
4    (b) If the chief law enforcement officer of the agency, or
5his or her designee, certifies in writing that certain
6information is needed for a pending investigation involving
7the commission of a felony, that information, and information
8identifying the juvenile, may be retained until the statute of
9limitations for the felony has run. If the chief law
10enforcement officer of the agency, or his or her designee,
11certifies in writing that certain information is needed with
12respect to an internal investigation of any law enforcement
13office, that information and information identifying the
14juvenile may be retained within an intelligence file until the
15investigation is terminated or the disciplinary action,
16including appeals, has been completed, whichever is later.
17Retention of a portion of a juvenile's law enforcement record
18does not disqualify the remainder of his or her record from
19immediate automatic expungement.
20    (0.3) (a) Upon an adjudication of delinquency based on any
21offense except a disqualified offense, the juvenile court
22shall automatically order the expungement of the juvenile
23court and law enforcement records 2 years after the juvenile's
24case was closed if no delinquency or criminal proceeding is
25pending and the person has had no subsequent delinquency
26adjudication or criminal conviction. The clerk shall deliver a

 

 

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1certified copy of the expungement order to the Department of
2State Police and the arresting agency. Upon request, the
3State's Attorney shall furnish the name of the arresting
4agency. The expungement shall be completed within 60 business
5days after the receipt of the expungement order. In this
6subsection (0.3), "disqualified offense" means any of the
7following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1,
89-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,
911-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
1012-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5,
1112-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1,
1218-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
1324-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
1429D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
15Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
16of subsection (a) of Section 11-14.4, subsection (a-5) of
17Section 12-3.1, paragraph (1), (2), or (3) of subsection (a)
18of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
19paragraph (1) or (2) of subsection (a) of Section 12-7.4,
20subparagraph (i) of paragraph (1) of subsection (a) of Section
2112-9, subparagraph (H) of paragraph (3) of subsection (a) of
22Section 24-1.6, paragraph (1) of subsection (a) of Section
2325-1, or subsection (a-7) of Section 31-1 of the Criminal Code
24of 2012.
25    (b) If the chief law enforcement officer of the agency, or
26his or her designee, certifies in writing that certain

 

 

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1information is needed for a pending investigation involving
2the commission of a felony, that information, and information
3identifying the juvenile, may be retained in an intelligence
4file until the investigation is terminated or for one
5additional year, whichever is sooner. Retention of a portion
6of a juvenile's juvenile law enforcement record does not
7disqualify the remainder of his or her record from immediate
8automatic expungement.
9    (0.31) Notwithstanding any other provision of this
10Section, commencing 180 after the effective date of this
11amendatory Act of the 102nd General Assembly, the clerk of the
12circuit court shall expunge, upon order of the court, or in the
13absence of a court order on or before January 1 and July 1 of
14each year, the juvenile court records of a person who before
15his or her 18th birthday has committed an act which if
16committed by an adult would constitute a criminal violation
17under the Cannabis Control Act or a criminal violation of
18Section 3.5 of the Drug Paraphernalia Control Act with respect
19to cannabis in the clerk's possession or control and which
20contains the final satisfactory disposition which pertain to a
21person eligible under this subsection (0.31).
22    (0.4) Automatic expungement for the purposes of this
23Section shall not require law enforcement agencies to
24obliterate or otherwise destroy juvenile law enforcement
25records that would otherwise need to be automatically expunged
26under this Act, except after 2 years following the subject

 

 

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1arrest for purposes of use in civil litigation against a
2governmental entity or its law enforcement agency or personnel
3which created, maintained, or used the records. However, these
4juvenile law enforcement records shall be considered expunged
5for all other purposes during this period and the offense,
6which the records or files concern, shall be treated as if it
7never occurred as required under Section 5-923.
8    (0.5) Subsection (0.1) or (0.2) of this Section does not
9apply to violations of traffic, boating, fish and game laws,
10or county or municipal ordinances.
11    (0.6) Juvenile law enforcement records of a plaintiff who
12has filed civil litigation against the governmental entity or
13its law enforcement agency or personnel that created,
14maintained, or used the records, or juvenile law enforcement
15records that contain information related to the allegations
16set forth in the civil litigation may not be expunged until
17after 2 years have elapsed after the conclusion of the
18lawsuit, including any appeal.
19    (0.7) Officer-worn body camera recordings shall not be
20automatically expunged except as otherwise authorized by the
21Law Enforcement Officer-Worn Body Camera Act.
22    (1) Whenever a person has been arrested, charged, or
23adjudicated delinquent for an incident occurring before his or
24her 18th birthday that if committed by an adult would be an
25offense, and that person's juvenile law enforcement and
26juvenile court records are not eligible for automatic

 

 

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1expungement under subsection (0.1), (0.2), or (0.3), the
2person may petition the court at any time for expungement of
3juvenile law enforcement records and juvenile court records
4relating to the incident and, upon termination of all juvenile
5court proceedings relating to that incident, the court shall
6order the expungement of all records in the possession of the
7Department of State Police, the clerk of the circuit court,
8and law enforcement agencies relating to the incident, but
9only in any of the following circumstances:
10        (a) the minor was arrested and no petition for
11    delinquency was filed with the clerk of the circuit court;
12        (a-5) the minor was charged with an offense and the
13    petition or petitions were dismissed without a finding of
14    delinquency;
15        (b) the minor was charged with an offense and was
16    found not delinquent of that offense;
17        (c) the minor was placed under supervision under
18    Section 5-615, and the order of supervision has since been
19    successfully terminated; or
20        (d) the minor was adjudicated for an offense which
21    would be a Class B misdemeanor, Class C misdemeanor, or a
22    petty or business offense if committed by an adult.
23    (1.5) The Department of State Police shall allow a person
24to use the Access and Review process, established in the
25Department of State Police, for verifying that his or her
26juvenile law enforcement records relating to incidents

 

 

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1occurring before his or her 18th birthday eligible under this
2Act have been expunged.
3    (1.6) (Blank).
4    (1.7) (Blank).
5    (1.8) (Blank).
6    (2) Any person whose delinquency adjudications are not
7eligible for automatic expungement under subsection (0.3) of
8this Section may petition the court to expunge all juvenile
9law enforcement records relating to any incidents occurring
10before his or her 18th birthday which did not result in
11proceedings in criminal court and all juvenile court records
12with respect to any adjudications except those based upon
13first degree murder or an offense under Article 11 of the
14Criminal Code of 2012 if the person is required to register
15under the Sex Offender Registration Act at the time he or she
16petitions the court for expungement; provided that: (a)
17(blank); or (b) 2 years have elapsed since all juvenile court
18proceedings relating to him or her have been terminated and
19his or her commitment to the Department of Juvenile Justice
20under this Act has been terminated.
21    (2.5) If a minor is arrested and no petition for
22delinquency is filed with the clerk of the circuit court at the
23time the minor is released from custody, the youth officer, if
24applicable, or other designated person from the arresting
25agency, shall notify verbally and in writing to the minor or
26the minor's parents or guardians that the minor shall have an

 

 

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1arrest record and shall provide the minor and the minor's
2parents or guardians with an expungement information packet,
3information regarding this State's expungement laws including
4a petition to expunge juvenile law enforcement and juvenile
5court records obtained from the clerk of the circuit court.
6    (2.6) If a minor is referred to court, then, at the time of
7sentencing, or dismissal of the case, or successful completion
8of supervision, the judge shall inform the delinquent minor of
9his or her rights regarding expungement and the clerk of the
10circuit court shall provide an expungement information packet
11to the minor, written in plain language, including information
12regarding this State's expungement laws and a petition for
13expungement, a sample of a completed petition, expungement
14instructions that shall include information informing the
15minor that (i) once the case is expunged, it shall be treated
16as if it never occurred, (ii) he or she may apply to have
17petition fees waived, (iii) once he or she obtains an
18expungement, he or she may not be required to disclose that he
19or she had a juvenile law enforcement or juvenile court
20record, and (iv) if petitioning he or she may file the petition
21on his or her own or with the assistance of an attorney. The
22failure of the judge to inform the delinquent minor of his or
23her right to petition for expungement as provided by law does
24not create a substantive right, nor is that failure grounds
25for: (i) a reversal of an adjudication of delinquency; , (ii) a
26new trial; or (iii) an appeal.

 

 

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1    (2.7) (Blank).
2    (2.8) (Blank).
3    (3) (Blank).
4    (3.1) (Blank).
5    (3.2) (Blank).
6    (3.3) (Blank).
7    (4) (Blank).
8    (5) (Blank).
9    (5.5) Whether or not expunged, records eligible for
10automatic expungement under subdivision (0.1)(a), (0.2)(a), or
11(0.3)(a) may be treated as expunged by the individual subject
12to the records.
13    (6) (Blank).
14    (6.5) The Department of State Police or any employee of
15the Department shall be immune from civil or criminal
16liability for failure to expunge any records of arrest that
17are subject to expungement under this Section because of
18inability to verify a record. Nothing in this Section shall
19create Department of State Police liability or responsibility
20for the expungement of juvenile law enforcement records it
21does not possess.
22    (7) (Blank).
23    (7.5) (Blank).
24    (8)(a) (Blank). (b) (Blank). (c) The expungement of
25juvenile law enforcement or juvenile court records under
26subsection (0.1), (0.2), or (0.3) of this Section shall be

 

 

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1funded by appropriation by the General Assembly for that
2purpose.
3    (9) (Blank).
4    (10) (Blank).
5(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
6100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
78-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,
8eff. 12-20-18; revised 7-16-19.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.