Rep. Constance A. Howard
Filed: 4/10/2008
 
 

 




 

 		












09500HB1831ham005

LRB095 09795 LCT 49184 a






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AMENDMENT TO HOUSE BILL 1831 




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    AMENDMENT NO. ______. Amend House Bill 1831, AS AMENDED, 
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with reference to page and line numbers of House Amendment No. 
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3, on page 1, line 6, by replacing "Section 5" with "Sections 5 
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and 13"; and



 
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on page 20, line 17, by replacing "minor; or" with "minor;"; 
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and
 
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on page 20, line 19, by replacing "ordinance." with "ordinance; 
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or (iii) Section 11-503 of the Illinois Vehicle Code or a 
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similar provision of a local ordinance."; and
 
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on page 29, line 11, after "(c).", by inserting "The court may, 
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upon conviction for a subsequent felony offense, order the 
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unsealing of prior felony conviction records previously 
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ordered sealed by the court."; and
 
 


 






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on page 30, line 17, by replacing "Substances Act" with 
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"Substances Act, the Methamphetamine Control and Community 
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Protection Act,"; and
 
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on page 30, line 19, after "(c)(2)(F)(ii)-(iv)", by inserting 
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"or if he or she is petitioning to expunge felony records of a 
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qualified probation pursuant to clause (b)(1)(B)(iv)"; and
 
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on page 31, by replacing lines 8 and 9 with the following:
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"petition(s)."; and
 
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on page 32, line 1, by replacing "14" with "30"; and
 
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on page 34, by replacing lines 21 through 26 with the 
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following:
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    "(10) Fees. The Department may charge the petitioner a fee 
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equivalent to the cost of processing any order to expunge or 
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seal records. Notwithstanding any provision of the Clerks of 
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Courts Act to the contrary, the clerk may charge a fee 
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equivalent to the cost associated with the sealing or 
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expungement of records by the clerk. From the total filing fee 
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collected for the petition to seal or expunge, the clerk shall 
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deposit $10 into the Circuit Court Clerk Operation and 
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Administrative Fund, to be used to offset the costs incurred by 
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the Circuit Court Clerk in performing the additional duties 
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required to serve the petition to seal or expunge on all 
 


 






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parties. The clerk shall collect and forward the Department of 
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State Police portion of the fee to the Department and it shall 
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be deposited in the State Police Services Fund."; and
 
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on page 35, by deleting lines 1 and 2; and
 
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on page 35, immediately below line 12, by inserting the 
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following:
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    "(13) Void Orders.  Any court order to expunge or seal 
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records that is contrary to this Section is void."; and
 
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on page 37, line 24, by replacing "Governor." with the 
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following:
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"Governor.
 


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    (20 ILCS 2630/13)


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    Sec. 13. Retention and release of sealed records. 
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    (a) The Department of State Police shall retain records 
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sealed under
subsection (c) (h) of Section 6 5 and shall 
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release them only as authorized by this Act. Felony records 
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sealed under subsection (c) (h) of Section 6 5

shall be used 
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and
disseminated by the Department only as otherwise 
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specifically required or authorized by a federal or State law, 
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rule, or regulation that requires inquiry into and release of 
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criminal records, including, but not limited to, subsection (A) 
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of Section 3 of this Act. However, all requests for records 
 


 






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that have been expunged, sealed, and impounded and the use of 
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those records are subject to the provisions of Section 2-103 of 
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the Illinois Human Rights Act. Upon
conviction for any offense, 
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the Department of Corrections shall have
access to all sealed 
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records of the Department pertaining to that
individual.
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    (b) Notwithstanding the foregoing, all sealed records are 
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subject to inspection and use by the court and inspection and 
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use by law enforcement agencies and State's Attorneys or other 
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prosecutors in carrying out the duties of their offices.

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    (c) The sealed records maintained under subsection (a) are 
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exempt from
disclosure under the Freedom of Information Act.
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    (d) The Department of State Police shall commence the 
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sealing of records of felony arrests and felony convictions 
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pursuant to the provisions of subsection (c) (h) of Section 6 5 
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of this Act no later than one year from the date that funds 
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have been made available for purposes of establishing the 
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technologies necessary to implement the changes made by this 
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amendatory Act of the 93rd General Assembly.


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(Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)".