Bill Status of HB 434   102nd General Assembly

Short Description:  CRIM ID-IMMEDIATE EXPUNGE

House Sponsors
Rep. La Shawn K. Ford-Carol Ammons-Camille Y. Lilly-LaToya Greenwood and Elizabeth Hernandez

Senate Sponsors
(Sen. Patricia Van Pelt and Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  1/10/2023HouseSession Sine Die

Statutes Amended In Order of Appearance
20 ILCS 2630/5.2

Synopsis As Introduced
Amends the Criminal Identification Act. Provides that records of charges that result in an acquittal or dismissal with prejudice, except for minor traffic offenses, may be immediately expunged after the final disposition of the case. Provides that upon entry of judgment, the defendant shall be informed of this right and the proper procedures to follow to have records that are eligible be immediately expunged. Provides that the petition may be filed on behalf of the defendant by his or her attorney at the final disposition hearing, or by the defendant at any time. Provides that the State's Attorney may not object to an immediate expungement petition and the presiding trial judge shall enter an order granting or denying the petition during the hearing in which the petition is filed. Makes other changes.

House Floor Amendment No. 3
Provides that records concerning the offenses of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, domestic battery, aggravated domestic battery, a violation of an order of protection, a violation of a civil no contact order, or a violation of a stalking no contact order are not subject to the immediate expungement provisions. Provides that arrests or charges that result in acquittals shall not be used as the basis for penalty enhancements in subsequent criminal prosecutions.

Actions 
DateChamber Action
  2/1/2021HouseFiled with the Clerk by Rep. La Shawn K. Ford
  2/8/2021HouseFirst Reading
  2/8/2021HouseReferred to Rules Committee
  3/1/2021HouseAdded Co-Sponsor Rep. Carol Ammons
  3/1/2021HouseRemoved Co-Sponsor Rep. Carol Ammons
  3/2/2021HouseAssigned to Judiciary - Criminal Committee
  3/9/2021HouseDo Pass / Short Debate Judiciary - Criminal Committee; 012-007-000
  3/17/2021HousePlaced on Calendar 2nd Reading - Short Debate
  3/23/2021HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/30/2021HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. La Shawn K. Ford
  3/30/2021HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/1/2021HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. La Shawn K. Ford
  4/1/2021HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/6/2021HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/6/2021HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  4/13/2021HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. La Shawn K. Ford
  4/13/2021HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/14/2021HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary - Criminal Committee
  4/14/2021HouseSecond Reading - Short Debate
  4/14/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/16/2021HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary - Criminal Committee; 012-007-000
  4/20/2021HouseRecalled to Second Reading - Short Debate
  4/20/2021HouseHouse Floor Amendment No. 3 Adopted
  4/20/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/20/2021HouseRemoved from Short Debate Status
  4/20/2021HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  4/20/2021HouseThird Reading - Standard Debate - Passed 062-044-000
  4/20/2021HouseHouse Floor Amendment No. 1 Tabled Pursuant to Rule 40
  4/20/2021HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40
  4/20/2021HouseMotion Filed to Reconsider Vote Rep. Thomas Morrison
  4/20/2021HouseAdded Chief Co-Sponsor Rep. Carol Ammons
  4/20/2021HouseAdded Chief Co-Sponsor Rep. Camille Y. Lilly
  4/20/2021HouseAdded Chief Co-Sponsor Rep. LaToya Greenwood
  5/31/2021HouseMotion to Reconsider Vote - Withdrawn Rep. Thomas Morrison
  4/1/2022SenateArrive in Senate
  4/1/2022SenatePlaced on Calendar Order of First Reading
  4/1/2022SenateChief Senate Sponsor Sen. Patricia Van Pelt
  4/1/2022SenateFirst Reading
  4/1/2022SenateReferred to Assignments
  4/1/2022SenateRule 2-10 Third Reading Deadline Established As April 8, 2022
  4/18/2022SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  1/10/2023HouseSession Sine Die

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