95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5753


 
Introduced , by Rep. Constance A. Howard
 
SYNOPSIS AS INTRODUCED:
 		














725 ILCS 105/10.6









    Amends the State Appellate Defender Act.  Makes a technical change in a Section concerning the State Appellate Defender's Expungement Program.
















LRB095 19664 RLC 46011 b

















 


 


A BILL FOR









 











HB5753

LRB095 19664 RLC 46011 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The State Appellate Defender Act is amended  by 
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changing Section 10.6 as follows:
 



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    (725 ILCS 105/10.6)



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    Sec. 10.6. Expungement program. 

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    (a) The The State Appellate Defender shall establish, 
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maintain, and carry out an
Expungement Program
to provide 
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information to persons eligible to have their arrest
or 
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criminal history
record information ordered expunged, sealed, 
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or impounded.

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    (b) The State Appellate Defender shall develop brochures, 
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pamphlets, and
other
materials in
printed form and through the 
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agency's World Wide Web site.  The pamphlets and
other materials 
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shall
include at a minimum the following information:


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        (1) An explanation of the State's expungement process;


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        (2) The circumstances under which expungement may 
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    occur;


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        (3) The criminal offenses that may be expunged;


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        (4) The steps necessary to initiate and complete the 
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    expungement process;
and


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        (5) Directions on how to contact the State Appellate 
 


 






HB5753
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LRB095 19664 RLC 46011 b




1
    Defender.

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    (c) The State Appellate Defender shall establish and 
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maintain a statewide
toll-free telephone
number that a person 
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may use to receive information or assistance concerning
the 
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expungement or
sealing of arrest or criminal history record 
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information. The State Appellate
Defender shall advertise
the 
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toll-free telephone number statewide. The State Appellate 
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Defender shall
develop an expungement
information packet that 
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may be sent to eligible persons seeking expungement of
their 
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arrest records,
which may include, but is not limited to, a 
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pre-printed expungement petition
with instructions on how
to 
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complete the petition and a pamphlet containing information 
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that would
assist individuals through
the expungement process.

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    (d) The State Appellate Defender shall compile a statewide 
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list of volunteer
attorneys willing
to assist eligible 
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individuals through the expungement process.

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    (e) This Section shall be implemented from funds 
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appropriated by the General
Assembly to the State
Appellate 
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Defender
for this purpose. The State Appellate Defender shall 
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employ the necessary staff
and adopt the
necessary rules for 
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implementation of this Section.

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(Source: P.A. 93-210, eff. 7-18-03.)