SB3007ham005 93RD GENERAL ASSEMBLY

Rep. Constance A. Howard

Filed: 5/18/2004

09300SB3007ham005 LRB093 21097 RLC 51258 a

AMENDMENT TO SENATE BILL 3007

AMENDMENT NO. ______. Amend Senate Bill 3007, AS AMENDED, by replacing the introductory clause of Section 5 with the following:

"Section 5. The Criminal Identification Act is amended by changing Sections 5, 12, and 13 as follows:"; and

by deleting all of subsection (l) of Sec. 5 of Section 5; and

by relettering subsection "(m)" of Sec. 5 of Section 5 as subsection "(l)"; and

by inserting after the last line of Sec. 5 of Section 5 the following:

"(20 ILCS 2630/12)

Sec. 12. Entry of order; effect of expungement or sealing records.

(a) Except with respect to law enforcement agencies, the Department of Corrections, State's Attorneys, or other prosecutors, and as provided in Section 13 of this Act, an expunged or sealed record may not be considered by any private or public entity in employment matters, certification, licensing, revocation of certification or licensure, or registration. Applications for employment must contain specific language which states that the applicant is not obligated to disclose sealed or expunged records of conviction or arrest. Employers may not ask if an applicant has had records expunged or sealed.

(b) A person whose records have been sealed or expunged is not entitled to remission of any fines, costs, or other money paid as a consequence of the sealing or expungement. This amendatory Act of the 93rd General Assembly does not affect the right of the victim of a crime to prosecute or defend a civil action for damages. Persons engaged in civil litigation involving criminal records that have been sealed may petition the court to open the records for the limited purpose of using them in the course of litigation.

(Source: P.A. 93-211, eff. 1-1-04.)

(20 ILCS 2630/13)

Sec. 13. Retention and release of sealed records Prohibited conduct; misdemeanor; penalty.

(a) The Department of State Police shall retain records sealed under subsections (h), and (i), and (j) of Section 5 and shall release them only as authorized by this Act. Felony records The sealed under subsection (j) of Section 5 records shall be used and disseminated by the Department only as otherwise specifically required or authorized by a federal or State law, rule, or regulation that requires inquiry into and release of criminal records, including, but not limited to, subsection (A) of Section 3 of this Act. However, all requests for records that have been expunged, sealed, and impounded and the use of those records are subject to the provisions of Section 2-103 of the Illinois Human Rights Act allowed by law. Upon conviction for any offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual.

(b) The sealed records maintained under subsection (a) are exempt from disclosure under the Freedom of Information Act.

(c) The Department of State Police shall commence the sealing of records of felony arrests and felony convictions pursuant to the provisions of subsection (j) of Section 5 of this Act no later than one year from the date that funds have been made available for purposes of establishing the technologies necessary to implement the changes made by this amendatory Act of the 93rd General Assembly.

(Source: P.A. 93-211, eff. 1-1-04.)

Section 10. The Illinois Human Rights Act is amended by changing Section 2-103 as follows:

(775 ILCS 5/2-103) (from Ch. 68, par. 2-103)

Sec. 2-103. Arrest Record.

(A) Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency or labor organization to inquire into or to use the fact of an arrest or criminal history record information ordered expunged, sealed or impounded under Section 5 of the Criminal Identification Act as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment. This Section does not prohibit a State agency, unit of local government or school district, or private organization from requesting or utilizing sealed felony conviction information obtained from the Department of State Police under the provisions of Section 3 of the Criminal Identification Act or under other State or federal laws or regulations that require criminal background checks in evaluating the qualifications and character of an employee or a prospective employee.

(B) The prohibition against the use of the fact of an arrest contained in this Section shall not be construed to prohibit an employer, employment agency, or labor organization from obtaining or using other information which indicates that a person actually engaged in the conduct for which he or she was arrested.

(Source: P.A. 89-370, eff. 8-18-95.)".