Rep. Constance A. Howard
Filed: 5/13/2008
 
 

 




 

 		












09500HB1831ham007

LRB095 09795 RLC 50710 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 29, line 18, by replacing "subsection (b)" with 
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"subsections (b) and (e),"; and


 
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by replacing lines 13 through 26 on page 35 and lines 1 through 
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15 on page 36 with the following:
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    "(e) Whenever a person who has been convicted of an offense 
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is granted
a pardon by the Governor which specifically 
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authorizes expungement, he or she  may,
upon verified petition 
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to the chief judge of the circuit where the person had
been 
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convicted, any judge of the circuit designated by the Chief 
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Judge, or in
counties of less than 3,000,000 inhabitants, the 
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presiding trial judge at the
defendant's trial, may have a 
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court order entered expunging the record of
arrest from the 
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official records of the arresting authority and order that the

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records of the clerk of the circuit court and the Department be 
 


 






09500HB1831ham007
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LRB095 09795 RLC 50710 a




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sealed until
further order of the court upon good cause shown 
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or as otherwise provided
herein, and the name of the defendant 
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obliterated from the official index
requested to be kept by the 
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circuit court clerk under Section 16 of the Clerks
of Courts 
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Act in connection with the arrest and conviction for the 
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offense for
which he or she had been pardoned but the order 
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shall not affect any index issued by
the circuit court clerk 
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before the entry of the order.  All records sealed by
the 
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Department may be disseminated by the Department only as 
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required by law or
to the arresting authority, the State's 
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Attorney, and the court upon a later
arrest for the same or 
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similar offense or for the purpose of sentencing for any

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subsequent felony.  Upon conviction for any subsequent 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.  Upon 
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entry of the order of expungement, the
clerk of the circuit 
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court shall promptly mail a copy of the order to the
person who 
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was pardoned.".