Bill Status of HB 1952   102nd General Assembly


Short Description:  JUV CT-CANNABIS-EXPUNGEMENT

House Sponsors
Rep. Curtis J. Tarver, II

Last Action  View All Actions

DateChamber Action
  1/10/2023HouseSession Sine Die

Statutes Amended In Order of Appearance
705 ILCS 405/5-915

Synopsis As Introduced
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.

 Fiscal Note (Illiinois State Police)
 House Bill 1952 provides law enforcement agencies that initiated a criminal violation of the Cannabis Control or Drug Paraphernalia Control Acts, would have to automatically expunge juvenile records of a person who committed a criminal violation on or before January 1 and July 1 of each year. Automatic expungement outside the judicial process will not allow for the collection of statutory fees, which cover administrative costs. While existing personnel may be used to develop and implement computer programming to carry out the automatic expungement of electronic records, our records unit who handles physical records would need additional staff The cost of one office specialist in our records unit is $113,583, which includes personal services and fringe benefits (retirement, social security and insurance). If House Bill 1952 were to become law, we would hire three additional records specialists at a cost of approximately $340,749.

Actions 
DateChamber Action
  2/16/2021HouseFiled with the Clerk by Rep. Curtis J. Tarver, II
  2/17/2021HouseFirst Reading
  2/17/2021HouseReferred to Rules Committee
  3/9/2021HouseAssigned to Judiciary - Criminal Committee
  3/23/2021HouseDo Pass / Short Debate Judiciary - Criminal Committee; 012-007-000
  4/8/2021HousePlaced on Calendar 2nd Reading - Short Debate
  4/15/2021HouseFiscal Note Requested by Rep. Blaine Wilhour
  4/20/2021HouseFiscal Note Filed
  4/20/2021HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Curtis J. Tarver, II
  4/20/2021HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/21/2021HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/21/2021HouseSecond Reading - Short Debate
  4/21/2021HouseHeld on Calendar Order of Second Reading - Short Debate
  4/22/2021HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 012-007-000
  4/23/2021HouseRule 19(a) / Re-referred to Rules Committee
  1/10/2023HouseSession Sine Die

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