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91_SB0943enr
SB943 Enrolled LRB9106126RCks
1 AN ACT concerning sex offenses.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Identification Act is amended by
5 changing Section 5 as follows:
6 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
7 (Text of Section before amendment by P.A. 90-590)
8 Sec. 5. Arrest reports; expungement.
9 (a) All policing bodies of this State shall furnish to
10 the Department, daily, in the form and detail the Department
11 requires, fingerprints and descriptions of all persons who
12 are arrested on charges of violating any penal statute of
13 this State for offenses that are classified as felonies and
14 Class A or B misdemeanors and of all minors who have been
15 arrested or taken into custody before their 17th birthday for
16 an offense that if committed by an adult would constitute the
17 offense of unlawful use of weapons under Article 24 of the
18 Criminal Code of 1961, a forcible felony as defined in
19 Section 2-8 of the Criminal Code of 1961, or a Class 2 or
20 greater felony under the Cannabis Control Act, the Illinois
21 Controlled Substances Act, or Chapter 4 of the Illinois
22 Vehicle Code. Moving or nonmoving traffic violations under
23 the Illinois Vehicle Code shall not be reported except for
24 violations of Chapter 4, Section 11-204.1, or Section 11-501
25 of that Code. In addition, conservation offenses, as defined
26 in the Supreme Court Rule 501(c), that are classified as
27 Class B misdemeanors shall not be reported.
28 Whenever an adult or minor prosecuted as an adult, not
29 having previously been convicted of any criminal offense or
30 municipal ordinance violation, charged with a violation of a
31 municipal ordinance or a felony or misdemeanor, is acquitted
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1 or released without being convicted, whether the acquittal or
2 release occurred before, on, or after the effective date of
3 this amendatory Act of 1991, the Chief Judge of the circuit
4 wherein the charge was brought, any judge of that circuit
5 designated by the Chief Judge, or in counties of less than
6 3,000,000 inhabitants, the presiding trial judge at the
7 defendant's trial may upon verified petition of the defendant
8 order the record of arrest expunged from the official records
9 of the arresting authority and the Department and order that
10 the records of the clerk of the circuit court be sealed until
11 further order of the court upon good cause shown and the name
12 of the defendant obliterated on the official index required
13 to be kept by the circuit court clerk under Section 16 of the
14 Clerks of Courts Act, but the order shall not affect any
15 index issued by the circuit court clerk before the entry of
16 the order. The Department may charge the petitioner a fee
17 equivalent to the cost of processing any order to expunge or
18 seal the records, and the fee shall be deposited into the
19 State Police Services Fund. The records of those arrests,
20 however, that result in a disposition of supervision for any
21 offense shall not be expunged from the records of the
22 arresting authority or the Department nor impounded by the
23 court until 2 years after discharge and dismissal of
24 supervision. Those records that result from a supervision
25 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
26 11-503 of the Illinois Vehicle Code or a similar provision of
27 a local ordinance, or for a violation of Section 12-3.2,
28 12-15 or 16A-3 of the Criminal Code of 1961, or probation
29 under Section 10 of the Cannabis Control Act, Section 410 of
30 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
31 and (2) of the Criminal Code of 1961 (as those provisions
32 existed before their deletion by Public Act 89-313), Section
33 10-102 of the Illinois Alcoholism and Other Drug Dependency
34 Act when the judgment of conviction has been vacated, Section
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1 40-10 of the Alcoholism and Other Drug Abuse and Dependency
2 Act when the judgment of conviction has been vacated, or
3 Section 10 of the Steroid Control Act shall not be expunged
4 from the records of the arresting authority nor impounded by
5 the court until 5 years after termination of probation or
6 supervision. Those records that result from a supervision for
7 a violation of Section 11-501 of the Illinois Vehicle Code or
8 a similar provision of a local ordinance, shall not be
9 expunged. All records set out above may be ordered by the
10 court to be expunged from the records of the arresting
11 authority and impounded by the court after 5 years, but shall
12 not be expunged by the Department, but shall, on court order
13 be sealed by the Department and may be disseminated by the
14 Department only as required by law or to the arresting
15 authority, the State's Attorney, and the court upon a later
16 arrest for the same or a similar offense or for the purpose
17 of sentencing for any subsequent felony. Upon conviction for
18 any offense, the Department of Corrections shall have access
19 to all sealed records of the Department pertaining to that
20 individual.
21 (b) Whenever a person has been convicted of a crime or
22 of the violation of a municipal ordinance, in the name of a
23 person whose identity he has stolen or otherwise come into
24 possession of, the aggrieved person from whom the identity
25 was stolen or otherwise obtained without authorization, upon
26 learning of the person having been arrested using his
27 identity, may, upon verified petition to the chief judge of
28 the circuit wherein the arrest was made, have a court order
29 entered nunc pro tunc by the chief judge to correct the
30 arrest record, conviction record, if any, and all official
31 records of the arresting authority, the Department, other
32 criminal justice agencies, the prosecutor, and the trial
33 court concerning such arrest, if any, by removing his name
34 from all such records in connection with the arrest and
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1 conviction, if any, and by inserting in the records the name
2 of the offender, if known or ascertainable, in lieu of the
3 aggrieved's name. The records of the clerk of the circuit
4 court clerk shall be sealed until further order of the court
5 upon good cause shown and the name of the aggrieved person
6 obliterated on the official index required to be kept by the
7 circuit court clerk under Section 16 of the Clerks of Courts
8 Act, but the order shall not affect any index issued by the
9 circuit court clerk before the entry of the order. Nothing in
10 this Section shall limit the Department of State Police or
11 other criminal justice agencies or prosecutors from listing
12 under an offender's name the false names he or she has used.
13 For purposes of this Section, convictions for moving and
14 nonmoving traffic violations other than convictions for
15 violations of Chapter 4, Section 11-204.1 or Section 11-501
16 of the Illinois Vehicle Code shall not be a bar to expunging
17 the record of arrest and court records for violation of a
18 misdemeanor or municipal ordinance.
19 (c) Whenever a person who has been convicted of an
20 offense is granted a pardon by the Governor which
21 specifically authorizes expungement, he may, upon verified
22 petition to the chief judge of the circuit where the person
23 had been convicted, any judge of the circuit designated by
24 the Chief Judge, or in counties of less than 3,000,000
25 inhabitants, the presiding trial judge at the defendant's
26 trial, may have a court order entered expunging the record of
27 arrest from the official records of the arresting authority
28 and order that the records of the clerk of the circuit court
29 and the Department be sealed until further order of the court
30 upon good cause shown or as otherwise provided herein, and
31 the name of the defendant obliterated from the official index
32 requested to be kept by the circuit court clerk under Section
33 16 of the Clerks of Courts Act in connection with the arrest
34 and conviction for the offense for which he had been pardoned
SB943 Enrolled -5- LRB9106126RCks
1 but the order shall not affect any index issued by the
2 circuit court clerk before the entry of the order. All
3 records sealed by the Department may be disseminated by the
4 Department only as required by law or to the arresting
5 authority, the State's States Attorney, and the court upon a
6 later arrest for the same or similar offense or for the
7 purpose of sentencing for any subsequent felony. Upon
8 conviction for any subsequent offense, the Department of
9 Corrections shall have access to all sealed records of the
10 Department pertaining to that individual. Upon entry of the
11 order of expungement, the clerk of the circuit court shall
12 promptly mail a copy of the order to the person who was
13 pardoned.
14 (d) Notice of the petition for subsections (a), (b), and
15 (c) shall be served upon the State's Attorney or prosecutor
16 charged with the duty of prosecuting the offense, the
17 Department of State Police, the arresting agency and the
18 chief legal officer of the unit of local government affecting
19 the arrest. Unless the State's Attorney or prosecutor, the
20 Department of State Police, the arresting agency or such
21 chief legal officer objects to the petition within 30 days
22 from the date of the notice, the court shall enter an order
23 granting or denying the petition. The clerk of the court
24 shall promptly mail a copy of the order to the person, the
25 arresting agency, the prosecutor, the Department of State
26 Police and such other criminal justice agencies as may be
27 ordered by the judge.
28 (e) Nothing herein shall prevent the Department of State
29 Police from maintaining all records of any person who is
30 admitted to probation upon terms and conditions and who
31 fulfills those terms and conditions pursuant to Section 10 of
32 the Cannabis Control Act, Section 410 of the Illinois
33 Controlled Substances Act, Section 12-4.3 of the Criminal
34 Code of 1961, Section 10-102 of the Illinois Alcoholism and
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1 Other Drug Dependency Act, Section 40-10 of the Alcoholism
2 and Other Drug Abuse and Dependency Act, or Section 10 of the
3 Steroid Control Act.
4 (f) No court order issued pursuant to the expungement
5 provisions of this Section shall become final for purposes of
6 appeal until 30 days after notice is received by the
7 Department. Any court order contrary to the provisions of
8 this Section is void.
9 The court shall not order the sealing or expungement of
10 the arrest records and records of the circuit court clerk of
11 any person granted supervision for or convicted of any sexual
12 offense committed against a minor under 18 years of age. For
13 the purposes of this Section, "sexual offense committed
14 against a minor" includes but is not limited to the offenses
15 of indecent solicitation of a child or criminal sexual abuse
16 when the victim of such offense is under 18 years of age.
17 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
18 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
19 (Text of Section after amendment by P.A. 90-590)
20 Sec. 5. Arrest reports; expungement.
21 (a) All policing bodies of this State shall furnish to
22 the Department, daily, in the form and detail the Department
23 requires, fingerprints and descriptions of all persons who
24 are arrested on charges of violating any penal statute of
25 this State for offenses that are classified as felonies and
26 Class A or B misdemeanors and of all minors of the age of 10
27 and over who have been arrested for an offense which would be
28 a felony if committed by an adult, and may forward such
29 fingerprints and descriptions for minors arrested for Class A
30 or B misdemeanors. Moving or nonmoving traffic violations
31 under the Illinois Vehicle Code shall not be reported except
32 for violations of Chapter 4, Section 11-204.1, or Section
33 11-501 of that Code. In addition, conservation offenses, as
34 defined in the Supreme Court Rule 501(c), that are classified
SB943 Enrolled -7- LRB9106126RCks
1 as Class B misdemeanors shall not be reported.
2 Whenever an adult or minor prosecuted as an adult, not
3 having previously been convicted of any criminal offense or
4 municipal ordinance violation, charged with a violation of a
5 municipal ordinance or a felony or misdemeanor, is acquitted
6 or released without being convicted, whether the acquittal or
7 release occurred before, on, or after the effective date of
8 this amendatory Act of 1991, the Chief Judge of the circuit
9 wherein the charge was brought, any judge of that circuit
10 designated by the Chief Judge, or in counties of less than
11 3,000,000 inhabitants, the presiding trial judge at the
12 defendant's trial may upon verified petition of the defendant
13 order the record of arrest expunged from the official records
14 of the arresting authority and the Department and order that
15 the records of the clerk of the circuit court be sealed until
16 further order of the court upon good cause shown and the name
17 of the defendant obliterated on the official index required
18 to be kept by the circuit court clerk under Section 16 of the
19 Clerks of Courts Act, but the order shall not affect any
20 index issued by the circuit court clerk before the entry of
21 the order. The Department may charge the petitioner a fee
22 equivalent to the cost of processing any order to expunge or
23 seal the records, and the fee shall be deposited into the
24 State Police Services Fund. The records of those arrests,
25 however, that result in a disposition of supervision for any
26 offense shall not be expunged from the records of the
27 arresting authority or the Department nor impounded by the
28 court until 2 years after discharge and dismissal of
29 supervision. Those records that result from a supervision
30 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
31 11-503 of the Illinois Vehicle Code or a similar provision of
32 a local ordinance, or for a violation of Section 12-3.2,
33 12-15 or 16A-3 of the Criminal Code of 1961, or probation
34 under Section 10 of the Cannabis Control Act, Section 410 of
SB943 Enrolled -8- LRB9106126RCks
1 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
2 and (2) of the Criminal Code of 1961 (as those provisions
3 existed before their deletion by Public Act 89-313), Section
4 10-102 of the Illinois Alcoholism and Other Drug Dependency
5 Act when the judgment of conviction has been vacated, Section
6 40-10 of the Alcoholism and Other Drug Abuse and Dependency
7 Act when the judgment of conviction has been vacated, or
8 Section 10 of the Steroid Control Act shall not be expunged
9 from the records of the arresting authority nor impounded by
10 the court until 5 years after termination of probation or
11 supervision. Those records that result from a supervision
12 for a violation of Section 11-501 of the Illinois Vehicle
13 Code or a similar provision of a local ordinance, shall not
14 be expunged. All records set out above may be ordered by the
15 court to be expunged from the records of the arresting
16 authority and impounded by the court after 5 years, but shall
17 not be expunged by the Department, but shall, on court order
18 be sealed by the Department and may be disseminated by the
19 Department only as required by law or to the arresting
20 authority, the State's Attorney, and the court upon a later
21 arrest for the same or a similar offense or for the purpose
22 of sentencing for any subsequent felony. Upon conviction for
23 any offense, the Department of Corrections shall have access
24 to all sealed records of the Department pertaining to that
25 individual.
26 (a-5) Those records maintained by the Department for
27 persons arrested prior to their 17th birthday shall be
28 expunged as provided in Section 5-915 of the Juvenile Court
29 Act of 1987.
30 (b) Whenever a person has been convicted of a crime or
31 of the violation of a municipal ordinance, in the name of a
32 person whose identity he has stolen or otherwise come into
33 possession of, the aggrieved person from whom the identity
34 was stolen or otherwise obtained without authorization, upon
SB943 Enrolled -9- LRB9106126RCks
1 learning of the person having been arrested using his
2 identity, may, upon verified petition to the chief judge of
3 the circuit wherein the arrest was made, have a court order
4 entered nunc pro tunc by the chief judge to correct the
5 arrest record, conviction record, if any, and all official
6 records of the arresting authority, the Department, other
7 criminal justice agencies, the prosecutor, and the trial
8 court concerning such arrest, if any, by removing his name
9 from all such records in connection with the arrest and
10 conviction, if any, and by inserting in the records the name
11 of the offender, if known or ascertainable, in lieu of the
12 has name. The records of the clerk of the circuit court
13 clerk shall be sealed until further order of the court upon
14 good cause shown and the name of the aggrieved person
15 obliterated on the official index required to be kept by the
16 circuit court clerk under Section 16 of the Clerks of Courts
17 Act, but the order shall not affect any index issued by the
18 circuit court clerk before the entry of the order. Nothing in
19 this Section shall limit the Department of State Police or
20 other criminal justice agencies or prosecutors from listing
21 under an offender's name the false names he or she has used.
22 For purposes of this Section, convictions for moving and
23 nonmoving traffic violations other than convictions for
24 violations of Chapter 4, Section 11-204.1 or Section 11-501
25 of the Illinois Vehicle Code shall not be a bar to expunging
26 the record of arrest and court records for violation of a
27 misdemeanor or municipal ordinance.
28 (c) Whenever a person who has been convicted of an
29 offense is granted a pardon by the Governor which
30 specifically authorizes expungement, he may, upon verified
31 petition to the chief judge of the circuit where the person
32 had been convicted, any judge of the circuit designated by
33 the Chief Judge, or in counties of less than 3,000,000
34 inhabitants, the presiding trial judge at the defendant's
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1 trial, may have a court order entered expunging the record of
2 arrest from the official records of the arresting authority
3 and order that the records of the clerk of the circuit court
4 and the Department be sealed until further order of the court
5 upon good cause shown or as otherwise provided herein, and
6 the name of the defendant obliterated from the official index
7 requested to be kept by the circuit court clerk under Section
8 16 of the Clerks of Courts Act in connection with the arrest
9 and conviction for the offense for which he had been pardoned
10 but the order shall not affect any index issued by the
11 circuit court clerk before the entry of the order. All
12 records sealed by the Department may be disseminated by the
13 Department only as required by law or to the arresting
14 authority, the State's States Attorney, and the court upon a
15 later arrest for the same or similar offense or for the
16 purpose of sentencing for any subsequent felony. Upon
17 conviction for any subsequent offense, the Department of
18 Corrections shall have access to all sealed records of the
19 Department pertaining to that individual. Upon entry of the
20 order of expungement, the clerk of the circuit court shall
21 promptly mail a copy of the order to the person who was
22 pardoned.
23 (c-5) Whenever a person has been convicted of criminal
24 sexual assault, aggravated criminal sexual assault, predatory
25 criminal sexual assault of a child, criminal sexual abuse, or
26 aggravated criminal sexual abuse, the victim of that offense
27 may request that the State's Attorney of the county in which
28 the conviction occurred file a verified petition with the
29 presiding trial judge at the defendant's trial to have a
30 court order entered to seal the records of the clerk of the
31 circuit court in connection with the proceedings of the trial
32 court concerning that offense. However, the records of the
33 arresting authority and the Department of State Police
34 concerning the offense shall not be sealed. The court, upon
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1 good cause shown, shall make the records of the clerk of the
2 circuit court in connection with the proceedings of the trial
3 court concerning the offense available for public inspection.
4
5 (d) Notice of the petition for subsections (a), (b), and
6 (c) shall be served upon the State's Attorney or prosecutor
7 charged with the duty of prosecuting the offense, the
8 Department of State Police, the arresting agency and the
9 chief legal officer of the unit of local government affecting
10 the arrest. Unless the State's Attorney or prosecutor, the
11 Department of State Police, the arresting agency or such
12 chief legal officer objects to the petition within 30 days
13 from the date of the notice, the court shall enter an order
14 granting or denying the petition. The clerk of the court
15 shall promptly mail a copy of the order to the person, the
16 arresting agency, the prosecutor, the Department of State
17 Police and such other criminal justice agencies as may be
18 ordered by the judge.
19 (e) Nothing herein shall prevent the Department of State
20 Police from maintaining all records of any person who is
21 admitted to probation upon terms and conditions and who
22 fulfills those terms and conditions pursuant to Section 10 of
23 the Cannabis Control Act, Section 410 of the Illinois
24 Controlled Substances Act, Section 12-4.3 of the Criminal
25 Code of 1961, Section 10-102 of the Illinois Alcoholism and
26 Other Drug Dependency Act, Section 40-10 of the Alcoholism
27 and Other Drug Abuse and Dependency Act, or Section 10 of the
28 Steroid Control Act.
29 (f) No court order issued pursuant to the expungement
30 provisions of this Section shall become final for purposes of
31 appeal until 30 days after notice is received by the
32 Department. Any court order contrary to the provisions of
33 this Section is void.
34 (g) Except as otherwise provided in subsection (c-5) of
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1 this Section, the court shall not order the sealing or
2 expungement of the arrest records and records of the circuit
3 court clerk of any person granted supervision for or
4 convicted of any sexual offense committed against a minor
5 under 18 years of age. For the purposes of this Section,
6 "sexual offense committed against a minor" includes but is
7 not limited to the offenses of indecent solicitation of a
8 child or criminal sexual abuse when the victim of such
9 offense is under 18 years of age.
10 (Source: P.A. 89-637, eff. 1-1-97; 89-689, eff. 12-31-96;
11 90-590, eff. 1-1-00; revised 10-31-98.)
12 Section 95. No acceleration or delay. Where this Act
13 makes changes in a statute that is represented in this Act by
14 text that is not yet or no longer in effect (for example, a
15 Section represented by multiple versions), the use of that
16 text does not accelerate or delay the taking effect of (i)
17 the changes made by this Act or (ii) provisions derived from
18 any other Public Act.
19 Section 99. Effective date. This Act takes effect
20 January 1, 2000.
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