Rep. La Shawn K. Ford
Filed: 4/13/2021
 
 

 

 

 
10200HB0434ham003LRB102 04268 RLC 25062 a



1
AMENDMENT TO HOUSE BILL 434




2    AMENDMENT NO. ______. Amend House Bill 434 on page 36, 
3line, 5, by deleting "expunged or"; and
 
4on page 36, by inserting below line 8 the following:
5        "(2.1) Arrests or charges not initiated
by arrest 
6    resulting in acquittal or dismissal with
prejudice, except 
7    as excluded by subsection (a)(3)(B),
that occur on or 
8    after January 1, 2018 (the effective date
of Public Act 
9    100-282), may be expunged immediately if the petition is 
10    filed with the circuit
court clerk on the same day and 
11    during the same hearing in
which the case is disposed,  
12    except  records concerning the offenses of criminal sexual 
13    assault, aggravated criminal sexual assault, predatory 
14    criminal sexual assault of a child, criminal sexual abuse, 
15    aggravated criminal sexual abuse, domestic battery, 
16    aggravated domestic battery, a violation of an order of 
17    protection, a  violation of a civil no contact order, or a  
 
 
10200HB0434ham003- 2 -LRB102 04268 RLC 25062 a

1    violation of a stalking no contact order may not be 
2    expunged immediately."; and


 
3on page 40, by inserting below line 1 the following:
4            "(N) Effect of acquittals. Arrests or charges that 
5        result in acquittals shall not be used as the basis for 
6        penalty enhancements in subsequent criminal 
7        prosecutions.".