Rep. Arthur L. Turner
Filed: 5/28/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1030




2
    AMENDMENT NO. ______. Amend Senate Bill 1030, AS AMENDED, 
3
by replacing everything after the enacting clause with the 
4
following:

 
5
    "Section 5. The Criminal Identification Act is amended  by 
6
changing Section 5 as follows:
 



7
    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)


8
    Sec. 5. Arrest reports; expungement. 

9
    (a) All policing bodies of this State shall furnish to the 
10
Department,
daily, in the form and detail the Department 
11
requires, fingerprints and
descriptions of all persons who are 
12
arrested on charges of violating any penal
statute of this 
13
State for offenses that are classified as felonies and Class
A 
14
or B misdemeanors and of all minors of the age of 10 and over 
15
who have been
arrested for an offense which would be a felony 
16
if committed by an adult, and
may forward such fingerprints and 
 


 






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1
descriptions for minors arrested for Class A
or B misdemeanors.  
2
Moving or nonmoving traffic violations under the Illinois

3
Vehicle Code shall not be reported except for violations of 
4
Chapter 4, Section
11-204.1, or Section 11-501 of that Code.  In 
5
addition, conservation offenses,
as defined in the Supreme 
6
Court Rule 501(c), that are classified as Class B
misdemeanors 
7
shall not be reported. Those law enforcement records maintained 
8
by the Department for minors arrested for an offense prior to 
9
their 17th birthday, or minors arrested for a non-felony 
10
offense, if committed by an adult, prior to their 18th 
11
birthday, shall not be forwarded to the Federal Bureau of 
12
Investigation unless those records relate to an arrest in which 
13
a minor was charged as an adult under any of the transfer 
14
provisions of the Juvenile Court Act of 1987. 

15
    Whenever an adult or minor prosecuted as an adult,
not 
16
having previously been convicted of any criminal offense or 
17
municipal
ordinance violation, charged with a violation of a 
18
municipal ordinance or a
felony or misdemeanor, is acquitted or 
19
released without being convicted,
whether the acquittal or 
20
release occurred before, on, or after the
effective date of 
21
this amendatory Act of 1991, the Chief Judge of the circuit

22
wherein the charge was brought, any judge of that circuit 
23
designated by the
Chief Judge, or in counties of less than 
24
3,000,000 inhabitants, the presiding
trial judge at the 
25
defendant's trial may upon verified petition of the
defendant 
26
order the record of arrest expunged from the official records 
 


 






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of the
arresting authority and the Department and order that 
2
the records of the clerk
of the circuit court be sealed until 
3
further order of the court upon good cause
shown and the name 
4
of the defendant obliterated on the official index required
to 
5
be kept by the circuit court clerk under Section 16 of the 
6
Clerks of Courts
Act, but the order shall not affect any index 
7
issued by the circuit court clerk
before the entry of the 
8
order.  The Department may charge the petitioner a fee

9
equivalent to the cost of processing any order to expunge or 
10
seal the records,
and the fee shall be deposited into the State 
11
Police Services Fund.  The
records of those arrests, however, 
12
that result in a disposition of
supervision for any offense 
13
shall not be expunged from the records of the
arresting 
14
authority or the Department nor impounded by the court until 2 
15
years
after discharge and dismissal of supervision.  Those 
16
records
that result from a supervision for a violation of 
17
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois 
18
Vehicle Code or a similar provision
of a local ordinance, or 
19
for a violation of Section 12-3.2, 12-15 or 16A-3
of the 
20
Criminal Code of 1961, or probation under Section 10 of the 
21
Cannabis
Control Act, Section 410 of the Illinois Controlled 
22
Substances Act, Section 70 of the Methamphetamine Control and 
23
Community Protection Act, Section
12-4.3(b)(1) and (2) of the 
24
Criminal Code of 1961 (as those provisions
existed before their 
25
deletion by Public Act 89-313), Section 10-102 of the
Illinois 
26
Alcoholism and Other Drug Dependency Act when the judgment of

 


 






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conviction has been vacated, Section 40-10 of the Alcoholism 
2
and Other Drug
Abuse and Dependency Act when the judgment of 
3
conviction has been vacated,
or Section 10 of the Steroid 
4
Control Act shall not be expunged from the records
of the 
5
arresting authority nor impounded by the court until 5 years 
6
after
termination of probation or supervision.  Those records 
7
that result from a
supervision for a violation of Section 
8
11-501 of the Illinois Vehicle Code or
a similar provision of a 
9
local ordinance, shall not be expunged.  All records
set out 
10
above may be ordered by the court to be expunged from the 
11
records of
the arresting authority and impounded by the court 
12
after 5 years, but shall
not be expunged by the Department, but 
13
shall, on court order be sealed by the
Department and may be 
14
disseminated by the Department only as required by law or
to 
15
the arresting authority, the State's Attorney, and the court 
16
upon a later
arrest for the same or a similar offense or for 
17
the purpose of sentencing for
any subsequent felony.  Upon 
18
conviction for any offense, the Department of
Corrections shall 
19
have access to all sealed records of the Department
pertaining 
20
to that individual.

21
    (a-5) Those records maintained by the Department for 
22
persons arrested
prior to their 17th birthday shall be expunged 
23
as provided in Section 5-915 of
the Juvenile Court Act of 1987.

24
    (b) Whenever a person has been convicted of a crime or of 
25
the violation of
a municipal ordinance, in the name of a person 
26
whose identity he has stolen
or otherwise come into possession 
 


 






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of, the aggrieved person from whom the
identity was stolen or 
2
otherwise obtained without authorization, upon learning
of the 
3
person having been arrested using his identity, may, upon 
4
verified
petition to the chief judge of the circuit wherein the 
5
arrest was made,
have a court order entered nunc pro tunc by 
6
the chief judge to correct
the arrest record, conviction 
7
record, if any, and all official records of the
arresting 
8
authority, the Department, other criminal justice agencies, 
9
the
prosecutor, and the trial court concerning such arrest, if 
10
any, by removing his
name from all such records in connection 
11
with the arrest and conviction, if
any, and by inserting in the 
12
records the name of the offender, if known or
ascertainable, in 
13
lieu of the aggrieved's name.  The records of the
clerk of
the 
14
circuit court clerk shall be sealed until further order of the 
15
court upon
good cause shown and the name of the aggrieved 
16
person obliterated on the
official index required to be kept by 
17
the circuit court clerk under Section 16
of the Clerks of 
18
Courts Act, but the order shall not affect any index issued by

19
the circuit court clerk before the entry of the order.  Nothing 
20
in this Section
shall limit the Department of State Police or 
21
other criminal justice agencies
or prosecutors from listing 
22
under an offender's name the false names he or she
has used.  
23
For purposes of this Section, convictions for moving and 
24
nonmoving
traffic violations other than convictions for 
25
violations of Chapter 4, Section
11-204.1 or Section 11-501 of 
26
the Illinois Vehicle Code shall not be a bar to
expunging the 
 


 






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record of arrest and court records for
violation of a 
2
misdemeanor or municipal ordinance.

3
    (c) Whenever a person who has been convicted of an offense 
4
is granted
a pardon by the Governor which specifically 
5
authorizes expungement, he may,
upon verified petition to the 
6
chief judge of the circuit where the person had
been convicted, 
7
any judge of the circuit designated by the Chief Judge, or in

8
counties of less than 3,000,000 inhabitants, the presiding 
9
trial judge at the
defendant's trial, may have a court order 
10
entered expunging the record of
arrest from the official 
11
records of the arresting authority and order that the
records 
12
of the clerk of the circuit court and the Department be sealed 
13
until
further order of the court upon good cause shown or as 
14
otherwise provided
herein, and the name of the defendant 
15
obliterated from the official index
requested to be kept by the 
16
circuit court clerk under Section 16 of the Clerks
of Courts 
17
Act in connection with the arrest and conviction for the 
18
offense for
which he had been pardoned but the order shall not 
19
affect any index issued by
the circuit court clerk before the 
20
entry of the order.  All records sealed by
the Department may be 
21
disseminated by the Department only as required by law or
to 
22
the arresting authority, the State's Attorney, and the court 
23
upon a later
arrest for the same or similar offense or for the 
24
purpose of sentencing for any
subsequent felony.  Upon 
25
conviction for any subsequent offense, the Department
of 
26
Corrections shall have access to all sealed records of the 
 


 






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Department
pertaining to that individual.  Upon entry of the 
2
order of expungement, the
clerk of the circuit court shall 
3
promptly mail a copy of the order to the
person who was 
4
pardoned.

5
    (c-5) Whenever a person has been convicted of criminal 
6
sexual assault,
aggravated criminal sexual assault, predatory 
7
criminal sexual assault of a
child, criminal sexual abuse, or 
8
aggravated criminal sexual abuse, the victim
of that offense 
9
may request that the State's Attorney of the county in which

10
the conviction occurred file a verified petition with the 
11
presiding trial judge
at the defendant's trial to have a court 
12
order entered to seal the records of
the clerk of the circuit 
13
court in connection with the proceedings of the trial
court 
14
concerning that offense.  However, the records of the arresting 
15
authority
and the Department of State Police concerning the 
16
offense shall not be
sealed.  The court, upon good cause shown, 
17
shall make the records of the clerk
of the circuit court in 
18
connection with the proceedings of the trial court
concerning 
19
the offense available for public inspection.

20
    (c-6) If a conviction has been set aside on direct review 
21
or on
collateral attack
and the court determines by clear and 
22
convincing evidence that the defendant
was factually innocent 
23
of
the charge, the court shall enter an expungement order as 
24
provided in
subsection (b) of Section 5-5-4
of the Unified Code 
25
of Corrections.

26
    (d) Notice of the petition for subsections (a), (b), and 
 


 






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(c) shall be
served by the clerk upon the State's Attorney or 
2
prosecutor charged with the duty
of prosecuting the offense, 
3
the Department of State Police, the arresting
agency and the 
4
chief legal officer of the unit of local government
affecting 
5
the arrest.  Unless the State's Attorney or prosecutor, the

6
Department of State Police, the arresting agency or such chief 
7
legal officer
objects to the petition within 30 days from the 
8
date of the notice, the
court shall enter an order granting or 
9
denying the petition. The clerk
of the court shall promptly 
10
mail a copy of the order to the person, the
arresting agency, 
11
the prosecutor, the Department of State Police and such
other 
12
criminal justice agencies as may be ordered by the judge.

13
    (e) Nothing herein shall prevent the Department of State 
14
Police from
maintaining all records of any person who is 
15
admitted to probation upon
terms and conditions and who 
16
fulfills those terms and conditions pursuant
to Section 10 of 
17
the Cannabis Control Act, Section 410 of the Illinois

18
Controlled Substances Act, Section 70 of the Methamphetamine 
19
Control and Community Protection Act, Section 12-4.3 of the 
20
Criminal Code
of 1961, Section 10-102 of the Illinois 
21
Alcoholism and Other Drug
Dependency Act, Section 40-10 of the 
22
Alcoholism and Other Drug Abuse and
Dependency Act, or Section 
23
10 of the Steroid Control Act. 

24
    (f) No court order issued under the expungement provisions 
25
of this
Section shall become final for purposes of appeal until 
26
30 days after
notice is received by the Department.  Any court 
 


 






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order contrary to the
provisions of this Section is void.

2
    (g) Except as otherwise provided in subsection (c-5) of 
3
this Section,
the court shall not order the sealing or 
4
expungement of the arrest
records and records of the circuit 
5
court clerk of any person granted
supervision for or convicted 
6
of any sexual offense committed against a minor
under 18 years 
7
of age.  For the purposes of this Section, "sexual offense

8
committed against a minor" includes but is not limited to the 
9
offenses of
indecent solicitation of a child or criminal sexual 
10
abuse when the victim of
such offense is under 18 years of age.

11
    (h) (1) Applicability. Notwithstanding any other provision 
12
of this Act to the contrary and cumulative with any rights to 
13
expungement of criminal records, this subsection authorizes 
14
the  sealing of criminal records of adults and of minors 
15
prosecuted as adults.
16
    (2) Sealable offenses. The following offenses may be 
17
sealed:
18
        (A) All municipal ordinance violations and 
19
    misdemeanors, with the exception of the following:
20
            (i) violations of Section 11-501 of the Illinois 
21
        Vehicle Code or a similar provision of a local 
22
        ordinance;
23
            (ii) violations of Article 11 of the Criminal Code 
24
        of 1961 or a similar provision of a local ordinance, 
25
        except Section 11-14 of the Criminal Code of 1961 as 
26
        provided in clause B(i) of this subsection (h);
 


 






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            (iii) violations of Section 12-15, 12-30, or 26-5 
2
        of the Criminal Code of 1961 or a similar provision of 
3
        a local ordinance;
4
            (iv) violations that are a crime of violence as 
5
        defined in Section 2 of the Crime Victims Compensation 
6
        Act or a similar provision of a local ordinance;
7
            (v) Class A misdemeanor violations of the Humane 
8
        Care for Animals Act; and
9
            (vi) any offense or attempted offense that would 
10
        subject a person to registration under the Sex Offender 
11
        Registration Act.
12
        (B) Misdemeanor and Class 4 felony violations of:
13
            (i) Section 11-14 of the Criminal Code of 1961;
14
            (ii) Section 4 of the Cannabis Control Act;
15
            (iii) Section 402 of the Illinois Controlled 
16
        Substances Act; and
17
            (iv) Section 60 of the Methamphetamine Control and 
18
        Community Protection Act.

19
        However, for purposes of this subsection (h), a 
20
    sentence of first offender probation under Section 10 of 
21
    the Cannabis Control Act, Section 410 of the Illinois 
22
    Controlled Substances Act, or Section 70 of the 
23
    Methamphetamine Control and Community Protection Act shall 
24
    be treated as a Class 4 felony conviction.
25
    (3) Requirements for sealing. Records identified as 
26
sealable under clause (h) (2) may be sealed when the individual 
 


 






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was:
2
        (A) Acquitted of the offense or offenses or released 
3
    without being convicted.
4
        (B) Convicted of the offense or offenses and the 
5
    conviction or convictions were reversed.
6
        (C) Placed on misdemeanor supervision for an offense or 
7
    offenses; and
8
            (i) at least 3 years have elapsed since the 
9
        completion of the term of supervision, or terms of 
10
        supervision, if more than one term has been ordered; 
11
        and
12
            (ii)  the individual has not been convicted of a 
13
        felony or misdemeanor or placed on supervision for a 
14
        misdemeanor or felony during the period specified in 
15
        clause (i).
16
        (D) Convicted of an offense or offenses; and
17
            (i)   at least 4 years have elapsed since the last 
18
        such conviction or term of any sentence, probation, 
19
        parole, or supervision, if any, whichever is last in 
20
        time; and
21
            (ii)  the individual has not been convicted of a 
22
        felony or misdemeanor or placed on supervision for a 
23
        misdemeanor or felony during the period specified in 
24
        clause (i).
25
    (4) Requirements for sealing of records when more than one 
26
charge and disposition have been filed. When multiple offenses 
 


 






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are petitioned to be sealed under this subsection (h), the 
2
requirements of the relevant provisions of clauses (h)(3)(A) 
3
through (D) each apply.  In instances in which more than one 
4
waiting period is applicable under clauses (h)(C)(i) and (ii) 
5
and (h)(D)(i) and (ii), the longer applicable period applies, 
6
and the requirements of clause (h) (3) shall be considered met 
7
when the petition is filed after the passage of the longer 
8
applicable waiting period. That period commences on the date of 
9
the completion of the last sentence or the end of supervision, 
10
probation, or parole, whichever is last in time.
11
    (5) Subsequent convictions. A person may not have 
12
subsequent felony conviction records sealed as provided in this 
13
subsection (h) if he or she is convicted of any felony offense 
14
after the date of the sealing of prior felony records as 
15
provided in this subsection (h).
16
    (6) Notice of eligibility for sealing. Upon acquittal, 
17
release without conviction, or being  placed on supervision for 
18
a sealable offense, or upon conviction of a sealable offense, 
19
the person shall be informed by the court of the right to have 
20
the records sealed and the procedures for the sealing of the 
21
records.
22
    (7) Procedure.  Upon becoming eligible for the sealing of 
23
records under this subsection (h),  the person who seeks the 
24
sealing of his or her records shall file a petition requesting 
25
the sealing of records with the clerk of the court where the 
26
charge or charges were brought. The records may be sealed by 
 


 






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the Chief Judge of the circuit wherein the charge was brought, 
2
any judge of that circuit designated by the Chief Judge, or in 
3
counties of less than 3,000,000 inhabitants, the presiding 
4
trial judge at the defendant's trial, if any. If charges were 
5
brought in multiple jurisdictions, a petition must be filed in 
6
each such jurisdiction. The petitioner shall pay the applicable 
7
fee, if not waived.
8
        (A) Contents of petition. The petition  shall contain 
9
    the petitioner's name, date of birth, current address, each 
10
    charge, each case number, the date of each charge, the 
11
    identity of the arresting authority,  and such other 
12
    information as the court may require.   During the pendency 
13
    of the proceeding, the petitioner shall promptly notify the 
14
    clerk of the court of any change of address.
15
        (B) Drug test.  A person filing a petition to have his 
16
    or her records sealed for a Class 4 felony violation of 
17
    Section 4 of the Cannabis Control Act or for a Class 4 
18
    felony violation of Section 402 of the Illinois Controlled 
19
    Substances Act must attach to the petition proof that the 
20
    petitioner has passed a test taken within the previous 30 
21
    days before the filing of the petition showing the absence 
22
    within his or her body of all illegal substances in 
23
    violation of either the Illinois Controlled Substances Act 
24
    or the Cannabis Control Act.
25
        (C) Service of petition. The clerk shall promptly serve 
26
    a copy of the petition on the State's Attorney or 
 


 






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    prosecutor charged with the duty of prosecuting the 
2
    offense, the Department of State Police, the arresting 
3
    agency and the chief legal officer of the unit of local 
4
    government effecting the arrest.
5
        (D) Entry of order.  Unless the State's Attorney or 
6
    prosecutor, the Department of State Police, the arresting 
7
    agency or such chief legal officer objects to sealing of 
8
    the records within 90 days of notice the court shall enter 
9
    an order sealing the defendant's records.
10
        (E) Hearing upon objection.  If an objection is filed, 
11
    the court shall set a date for a hearing and notify the 
12
    petitioner and the parties on whom the petition had been 
13
    served, and shall hear evidence on whether the sealing of 
14
    the records should or should not be granted, and shall make 
15
    a determination on whether to issue an order to seal the 
16
    records based on the evidence presented at the hearing.
17
        (F) Service of order. After entering the order to seal 
18
    records, the court must provide copies of the order to the 
19
    Department, in a form and manner prescribed by the 
20
    Department, to the petitioner, to the State's Attorney or 
21
    prosecutor charged with the duty of prosecuting the 
22
    offense, to the arresting agency, to the chief legal 
23
    officer of the unit of local government effecting the 
24
    arrest, and to such other criminal justice agencies as may 
25
    be ordered by the court.
26
    (8) Fees. Notwithstanding any provision of the Clerk of the 
 


 






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Courts Act to the contrary, and subject to the approval of the 
2
county board, the clerk may charge a fee equivalent to the cost 
3
associated with the sealing of records by the clerk and the 
4
Department of State Police. The clerk shall forward the 
5
Department of State Police portion of the fee to the Department 
6
and it shall be deposited into the State Police Services Fund.
7
    (i)  Subject to available funding, the Illinois Department 
8
of Corrections shall conduct a study of the impact of sealing, 
9
especially on employment and recidivism rates, utilizing a 
10
random sample of those who apply for the sealing of their 
11
criminal records under Public Act 93-211, in accordance to 
12
rules adopted by the Department.  At the request of the Illinois 
13
Department of Corrections, records of the Illinois Department 
14
of Employment Security shall be utilized as appropriate to 
15
assist in the study. The study shall not disclose any data in a 
16
manner that would allow the identification of any particular 
17
individual or employing unit. The study shall be made available 
18
to the General Assembly no later than September 1, 2006.

19
    (j)  Notwithstanding any provision of the Clerks of Courts 
20
Act to the contrary, the clerk may charge a fee equivalent to 
21
the cost associated with the sealing or expungement of records 
22
by the clerk. From the total filing fee collected for the 
23
Petition to seal or expunge, the clerk shall deposit $10 into 
24
the Circuit Court Clerk Operation and Administrative Fund, to 
25
be used to offset the costs incurred by the Circuit Court Clerk 
26
in performing the additional duties required to serve the 
 


 






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Petition to Seal or Expunge on all parties. The clerk shall 
2
also charge a filing fee equivalent to the cost of sealing or 
3
expunging the record by the Department of State Police. The 
4
clerk shall collect and forward the Department of State Police 
5
portion of the fee to the Department and it shall be deposited 
6
in the State Police Services Fund. 
7
(Source: P.A. 94-556, eff. 9-11-05; 95-955, eff. 1-1-09; 
8
revised 10-28-08.)


 
9
    Section 7. The Counties Code is amended  by changing 
10
Sections 4-2002 and 4-2002.1 as follows:
 



11
    (55 ILCS 5/4-2002)  (from Ch. 34, par. 4-2002)


12
    Sec. 4-2002. State's attorney fees in counties under 
13
3,000,000
population.  This Section applies only to counties 
14
with fewer than
3,000,000 inhabitants.

15
    (a) State's attorneys shall be entitled to the following 
16
fees, however, the
fee requirement of this subsection does not 
17
apply to county boards:

18
    For each conviction in prosecutions on indictments for 
19
first degree murder,
second degree murder, involuntary 
20
manslaughter, criminal sexual assault,
aggravated criminal 
21
sexual assault, aggravated criminal sexual abuse,
kidnapping, 
22
arson and forgery, $30.  All other cases punishable by 
23
imprisonment
in the penitentiary, $30.

24
    For each conviction in other cases tried before judges of 
 


 






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1
the circuit
court, $15; except that if the conviction is in a 
2
case which may be
assigned to an associate judge, whether or 
3
not it is in fact assigned to
an associate judge, the fee shall 
4
be $10.

5
    For preliminary examinations for each defendant held to 
6
bail or
recognizance, $10.

7
    For each examination of a party bound over to keep the 
8
peace, $10.

9
    For each defendant held to answer in a circuit court on a 
10
charge of
paternity, $10.

11
    For each trial on a charge of paternity, $30.

12
    For each case of appeal taken from his county or from the 
13
county to
which a change of venue is taken to his county to the 
14
Supreme or
Appellate Court when prosecuted or defended by him, 
15
$50.

16
    For each day actually employed in the trial of a case, $25; 
17
in which
case the court before whom the case is tried shall 
18
make an order
specifying the number of days for which a per 
19
diem shall be allowed.

20
    For each day actually employed in the trial of cases of 
21
felony
arising in their respective counties and taken by change 
22
of venue to
another county, $25; and the court before whom the 
23
case is tried shall
make an order specifying the number of days 
24
for which said per diem
shall be allowed; and it is hereby made 
25
the duty of each State's
attorney to prepare and try each case 
26
of felony arising when so taken by
change of venue.

 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
    For assisting in a trial of each case on an indictment for 
2
felony
brought by change of venue to their respective counties, 
3
the same fees
they would be entitled to if such indictment had 
4
been found for an
offense committed in his county, and it shall 
5
be the duty of the
State's attorney of the county to which such 
6
cause is taken by
change of venue to assist in the trial 
7
thereof.

8
    For each case of forfeited recognizance where the 
9
forfeiture is set
aside at the instance of the defense, in 
10
addition to the ordinary costs,
$10 for each defendant.

11
    For each proceeding in a circuit court to inquire into the 
12
alleged
mental illness of any person, $10 for each defendant.

13
    For each proceeding in a circuit court to inquire into the 
14
alleged
dependency or delinquency of any child, $10.

15
    For each day actually employed in the hearing of a case of 
16
habeas
corpus in which the people are interested, $25.

17
    For each violation of the Criminal Code of 1961 and the 
18
Illinois Vehicle Code in which a defendant  has entered a plea 
19
of guilty or a defendant has stipulated to the facts supporting 
20
the charge or a finding of guilt and the court has entered an 
21
order of supervision, $10.

22
    All the foregoing fees shall be taxed as costs to be 
23
collected from
the defendant, if possible, upon conviction.  But 
24
in cases of inquiry
into the mental illness of any person 
25
alleged to be mentally ill, in
cases on a charge of paternity 
26
and in cases of appeal in the Supreme or
Appellate Court, where 
 


 






09600SB1030ham003
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1
judgment is in favor of the accused, the fees
allowed the 
2
State's attorney therein shall be retained out of the fines
and 
3
forfeitures collected by them in other cases.

4
    Ten per cent of all moneys except revenue, collected by 
5
them and paid
over to the authorities entitled thereto, which 
6
per cent together with
the fees provided for herein that are 
7
not collected from the parties
tried or examined, shall be paid 
8
out of any fines and forfeited
recognizances collected by them, 
9
provided however, that in proceedings
to foreclose the lien of 
10
delinquent real estate taxes State's attorneys
shall receive a 
11
fee, to be credited to the earnings of their office, of 10%
of 
12
the total amount realized from the sale of real estate sold in 
13
such
proceedings.  Such fees shall be paid from the total amount 
14
realized from
the sale of the real estate sold in such 
15
proceedings.

16
    State's attorneys shall have a lien for their fees on all 
17
judgments
for fines or forfeitures procured by them and on 
18
moneys except revenue
received by them until such fees and 
19
earnings are fully paid.

20
    No fees shall be charged on more than 10 counts in any one 
21
indictment
or information on trial and conviction; nor on more 
22
than 10 counts
against any one defendant on pleas of guilty.

23
    The Circuit Court may direct that of all monies received, 
24
by
restitution or otherwise, which monies are ordered paid to 
25
the
Department of Healthcare and Family Services (formerly 
26
Department of Public Aid) or the Department of Human Services 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
(acting as
successor to the Department of Public Aid under the 
2
Department of Human
Services Act) as a direct result of the 
3
efforts
of the
State's attorney and which payments arise from 
4
Civil or Criminal
prosecutions involving the Illinois Public 
5
Aid Code or the Criminal Code,
the
following amounts shall be 
6
paid quarterly by the Department of Healthcare and Family 
7
Services or the Department of Human Services to the General 
8
Corporate Fund of
the County in which the prosecution
or cause 
9
of action took place:


10
        (1) where the monies result from child support 
11
    obligations, not
more than 25% of the federal share of the 
12
    monies received,


13
        (2) where the monies result from other than child 
14
    support
obligations, not more than 25% of the State's share 
15
    of the monies received.

16
    In addition to any other amounts to which State's Attorneys 
17
are entitled under this Section, State's Attorneys are entitled 
18
to $10 of the fine that is imposed under Section 5-9-1.17 of 
19
the Unified Code of Corrections, as set forth in that Section. 
20
    (b) A municipality shall be entitled to a $10 prosecution 
21
fee for each
conviction for a violation of the Illinois Vehicle 
22
Code prosecuted by the
municipal attorney pursuant to Section 
23
16-102 of that Code which is tried
before a circuit or 
24
associate judge and shall be entitled to a $10
prosecution fee 
25
for each conviction for a violation of a municipal vehicle

26
ordinance or nontraffic ordinance prosecuted by the municipal 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
attorney
which is tried before a circuit or associate judge.  
2
Such fee shall be taxed as
costs to be collected from the 
3
defendant, if possible, upon conviction.  A
municipality shall 
4
have a lien for such prosecution fees on all judgments or
fines 
5
procured by the municipal attorney from prosecutions for 
6
violations of
the Illinois Vehicle Code and municipal vehicle 
7
ordinances or nontraffic
ordinances.

8
    For the purposes of this subsection (b), "municipal vehicle 
9
ordinance"
means any ordinance enacted pursuant to Sections 
10
11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois 
11
Municipal Code or any ordinance enacted by a
municipality which 
12
is similar to a provision of Chapter 11 of the Illinois
Vehicle 
13
Code.

14
(Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08.)

 



15
    (55 ILCS 5/4-2002.1)  (from Ch. 34, par. 4-2002.1)


16
    Sec. 4-2002.1. State's attorney fees in counties of 
17
3,000,000 or more
population.  This Section applies only to 
18
counties with 3,000,000 or more
inhabitants.

19
    (a) State's attorneys shall be entitled to the following 
20
fees:

21
    For each conviction in prosecutions on indictments for 
22
first degree
murder, second degree murder, involuntary 
23
manslaughter, criminal sexual
assault, aggravated criminal 
24
sexual assault, aggravated criminal sexual
abuse, kidnapping, 
25
arson and forgery, $60.  All other cases punishable by

 


 






09600SB1030ham003
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1
imprisonment in the penitentiary, $60.

2
    For each conviction in other cases tried before judges of 
3
the circuit
court, $30; except that if the conviction is in a 
4
case which may be
assigned to an associate judge, whether or 
5
not it is in fact assigned to
an associate judge, the fee shall 
6
be $20.

7
    For preliminary examinations for each defendant held to 
8
bail or
recognizance, $20.

9
    For each examination of a party bound over to keep the 
10
peace, $20.

11
    For each defendant held to answer in a circuit court on a 
12
charge of
paternity, $20.

13
    For each trial on a charge of paternity, $60.

14
    For each case of appeal taken from his county or from the 
15
county to
which a change of venue is taken to his county to the 
16
Supreme or
Appellate Court when prosecuted or defended by him, 
17
$100.

18
    For each day actually employed in the trial of a case, $50; 
19
in which
case the court before whom the case is tried shall 
20
make an order
specifying the number of days for which a per 
21
diem shall be allowed.

22
    For each day actually employed in the trial of cases of 
23
felony
arising in their respective counties and taken by change 
24
of venue to
another county, $50; and the court before whom the 
25
case is tried shall
make an order specifying the number of days 
26
for which said per diem
shall be allowed; and it is hereby made 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
the duty of each State's
attorney to prepare and try each case 
2
of felony arising when so taken by
change of venue.

3
    For assisting in a trial of each case on an indictment for 
4
felony
brought by change of venue to their respective counties, 
5
the same fees
they would be entitled to if such indictment had 
6
been found for an
offense committed in his county, and it shall 
7
be the duty of the
State's attorney of the county to which such 
8
cause is taken by
change of venue to assist in the trial 
9
thereof.

10
    For each case of forfeited recognizance where the 
11
forfeiture is set
aside at the instance of the defense, in 
12
addition to the ordinary costs,
$20 for each defendant.

13
    For each proceeding in a circuit court to inquire into the 
14
alleged
mental illness of any person, $20 for each defendant.

15
    For each proceeding in a circuit court to inquire into the 
16
alleged
dependency or delinquency of any child, $20.

17
    For each day actually employed in the hearing of a case of 
18
habeas
corpus in which the people are interested, $50.

19
    All the foregoing fees shall be taxed as costs to be 
20
collected from
the defendant, if possible, upon conviction.  But 
21
in cases of inquiry
into the mental illness of any person 
22
alleged to be mentally ill, in
cases on a charge of paternity 
23
and in cases of appeal in the Supreme or
Appellate Court, where 
24
judgment is in favor of the accused, the fees
allowed the 
25
State's attorney therein shall be retained out of the fines
and 
26
forfeitures collected by them in other cases.

 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
    Ten per cent of all moneys except revenue, collected by 
2
them and paid
over to the authorities entitled thereto, which 
3
per cent together with
the fees provided for herein that are 
4
not collected from the parties
tried or examined, shall be paid 
5
out of any fines and forfeited
recognizances collected by them, 
6
provided however, that in proceedings
to foreclose the lien of 
7
delinquent real estate taxes State's attorneys
shall receive a 
8
fee, to be credited to the earnings of their office, of 10%
of 
9
the total amount realized from the sale of real estate sold in 
10
such
proceedings. Such fees shall be paid from the total amount 
11
realized from
the sale of the real estate sold in such 
12
proceedings.

13
    State's attorneys shall have a lien for their fees on all 
14
judgments
for fines or forfeitures procured by them and on 
15
moneys except revenue
received by them until such fees and 
16
earnings are fully paid.

17
    No fees shall be charged on more than 10 counts in any one 
18
indictment
or information on trial and conviction; nor on more 
19
than 10 counts
against any one defendant on pleas of guilty.

20
    The Circuit Court may direct that of all monies received, 
21
by
restitution or otherwise, which monies are ordered paid to 
22
the
Department of Healthcare and Family Services (formerly 
23
Department of Public Aid) or the Department of Human Services 
24
(acting as
successor to the Department of Public Aid under the 
25
Department of Human
Services Act) as a direct result of the 
26
efforts
of the
State's attorney and which payments arise from 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
Civil or Criminal
prosecutions involving the Illinois Public 
2
Aid Code or the Criminal Code,
the
following amounts shall be 
3
paid quarterly by the Department of Healthcare and Family 
4
Services or the Department of Human Services to the General 
5
Corporate Fund of
the County in which the prosecution
or cause 
6
of action took place:


7
        (1) where the monies result from child support 
8
    obligations, not
less than 25% of the federal share of the 
9
    monies received,


10
        (2) where the monies result from other than child 
11
    support
obligations, not less than 25% of the State's share 
12
    of the monies received.

13
    In addition to any other amounts to which State's Attorneys 
14
are entitled under this Section, State's Attorneys are entitled 
15
to $10 of the fine that is imposed under Section 5-9-1.17 of 
16
the Unified Code of Corrections, as set forth in that Section. 
17
    (b) A municipality shall be entitled to a $10 prosecution 
18
fee for each
conviction for a violation of the Illinois Vehicle 
19
Code prosecuted by the
municipal attorney pursuant to Section 
20
16-102 of that Code which is tried
before a circuit or 
21
associate judge and shall be entitled to a $10
prosecution fee 
22
for each conviction for a violation of a municipal vehicle

23
ordinance prosecuted by the municipal attorney which is tried 
24
before a
circuit or associate judge.  Such fee shall be taxed as 
25
costs to be
collected from the defendant, if possible, upon 
26
conviction.  A municipality
shall have a lien for such 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
prosecution fees on all judgments or fines
procured by the 
2
municipal attorney from prosecutions for violations of the

3
Illinois Vehicle Code and municipal vehicle ordinances.

4
    For the purposes of this subsection (b), "municipal vehicle 
5
ordinance"
means any ordinance enacted pursuant to Sections 
6
11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois 
7
Municipal Code or any ordinance enacted by a
municipality which 
8
is similar to a provision of Chapter 11 of the Illinois
Vehicle 
9
Code.

10
(Source: P.A. 95-331, eff. 8-21-07.)


 
11
    Section 10. The Juvenile Court Act of 1987 is amended  by 
12
changing Section 5-915 and  by adding Section 5-622 as follows:
 
13
    (705 ILCS 405/5-622  new)
14
    Sec. 5-622. Expungement review.   Any minor charged with a 
15
misdemeanor offense as a first offense, regardless of the 
16
disposition of the charge, is eligible for expungement review 
17
by the court upon his or her 18th birthday or upon completion 
18
of the minor's sentence or disposition of the charge against 
19
the minor, whichever is later.  Upon motion by counsel filed 
20
within 30 days after entry of the judgment of the court, the 
21
court shall set a time for an expungement review hearing within 
22
a month of the minor's 18th birthday or within a month of 
23
completion of the minor's sentence or disposition of the charge 
24
against the minor, whichever is later.  No hearing shall be held 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
if the minor fails to appear, and no penalty shall attach to 
2
the minor.  If the minor appears in person or by counsel the 
3
court shall hold a hearing to determine whether to expunge the 
4
law enforcement and court records of the minor.  Objections to 
5
expungement shall be limited to the following:
6
        (a) that the offense for which the minor was arrested 
7
    is still under active investigation;
8
        (b) that the minor is a potential witness in an 
9
    upcoming court proceeding and that such arrest record is 
10
    relevant to that proceeding;
11
        (c) that the arrest at issue was for one of the 
12
    following offenses:
13
            (i) any homicide; 
14
            (ii) an offense involving a deadly weapon;
15
            (iii) a sex offense as defined in the Sex Offender 
16
        Registration Act;
17
            (iv) aggravated domestic battery.
18
    In the absence of an objection, or if the objecting party 
19
fails to prove one of the above-listed objections, the court 
20
shall enter an order granting expungement.  The clerk shall 
21
forward a certified copy of the order to the Department of 
22
State Police and the arresting agency.  The Department and the 
23
arresting agency shall comply with such order to expunge within 
24
60 days of receipt.  An objection or a denial of an expungement 
25
order under this subsection does not operate to bar the filing 
26
of a Petition to Expunge by the minor under subsection (2) of 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
Section 5-915 where applicable.
 


2
    (705 ILCS 405/5-915)


3
    Sec. 5-915. Expungement of juvenile law enforcement and 
4
court records. 

5
    (0.05)  For purposes of this Section and Section 5-622:
6
        "Expunge" means to physically destroy the records and 
7
    to obliterate the minor's name from any official index or 
8
    public record, or both. Nothing in this Act shall require 
9
    the physical destruction of the internal office records, 
10
    files, or databases maintained by a State's Attorney's 
11
    Office or other prosecutor.
12
        "Law enforcement record" includes but is not limited to 
13
    records of arrest, station adjustments, fingerprints, 
14
    probation adjustments, the issuance of a notice to appear, 
15
    or any other records maintained by a law enforcement agency 
16
    relating to a minor suspected of committing an offense. 
17
    (1) Whenever any person has attained the age of 17 or 
18
whenever all juvenile
court proceedings relating to that person 
19
have been terminated, whichever is
later, the person may 
20
petition the court to expunge law enforcement records
relating 
21
to incidents occurring before his or her 17th birthday or his 
22
or her
juvenile court
records, or both, but only in the 
23
following circumstances:


24
        (a) the minor was arrested and no petition for 
25
    delinquency was filed with
the clerk of the circuit court; 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
    or


2
        (b) the minor was charged with an offense and was found 
3
    not delinquent of
that offense; or


4
        (c) the minor was placed under supervision pursuant to 
5
    Section 5-615, and
the order of
supervision has since been 
6
    successfully terminated; or


7
        (d)
the minor was adjudicated for an offense which 
8
    would be a Class B
misdemeanor, Class C misdemeanor, or a 
9
    petty or business offense if committed by an adult.

10
    (2) Any person may petition the court to expunge all law 
11
enforcement records
relating to any
incidents occurring before 
12
his or her 17th birthday which did not result in
proceedings in 
13
criminal court and all juvenile court records with respect to

14
any adjudications except those based upon first degree
murder 
15
and
sex offenses which would be felonies if committed by an 
16
adult, if the person
for whom expungement is sought has had no

17
convictions for any crime since his or her 17th birthday and:


18
        (a) has attained the age of 21 years; or


19
        (b) 5 years have elapsed since all juvenile court 
20
    proceedings relating to
him or her have been terminated or 
21
    his or her commitment to the Department of
Juvenile Justice


22
    pursuant to this Act has been terminated;

23
whichever is later of (a) or (b). Nothing in this Section 5-915 
24
precludes a minor from obtaining expungement under Section 
25
5-622. 
26
    (2.5) If a minor is arrested and no petition for 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
delinquency is filed with the clerk of the circuit court as 
2
provided in paragraph (a) of subsection (1) at the time the 
3
minor is released from custody, the youth officer, if 
4
applicable, or other designated person from the arresting 
5
agency, shall notify verbally and in writing to the minor or 
6
the minor's parents or guardians that if the State's Attorney 
7
does not file a petition for delinquency, the minor has a right 
8
to petition to have his or her arrest record expunged when the 
9
minor attains the age of 17 or when all juvenile court 
10
proceedings relating to that minor have been terminated and 
11
that unless a petition to expunge is filed, the minor shall 
12
have an arrest record and shall provide the minor and the 
13
minor's parents or guardians with an expungement information 
14
packet, including a petition to expunge juvenile records 
15
obtained from the clerk of the circuit court.
16
    (2.6) If a minor is charged with an offense and is found 
17
not delinquent of that offense; or if a minor is placed under 
18
supervision under Section 5-615, and the order of supervision 
19
is successfully terminated; or  if a minor is adjudicated for an 
20
offense that would be a Class B misdemeanor, a Class C 
21
misdemeanor, or a business or petty offense if committed by an 
22
adult; or if a minor has incidents occurring before his or her 
23
17th birthday that have not resulted in proceedings in criminal 
24
court, or resulted in proceedings in juvenile court, and the 
25
adjudications were not based upon first degree murder or sex 
26
offenses that would be felonies if committed by an adult; then 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
at the time of sentencing or dismissal of the case, the judge 
2
shall inform the delinquent minor of his or her right to 
3
petition for expungement as provided by law, and the clerk of 
4
the circuit court shall provide an expungement information 
5
packet to the delinquent minor, written in plain language, 
6
including a petition for expungement, a sample of a completed 
7
petition, expungement instructions that shall include 
8
information informing the minor that (i) once the case is 
9
expunged, it shall be treated as if it never occurred, (ii) he 
10
or she may apply to have petition fees waived, (iii) once he or 
11
she obtains an expungement, he or she may not be required to 
12
disclose that he or she had a juvenile record, and (iv) he or 
13
she may file the petition on his or her own or with the 
14
assistance of an attorney. The failure of the judge to inform 
15
the delinquent minor of his or her right to petition for 
16
expungement as provided by law does not create a substantive 
17
right, nor is that failure grounds for: (i) a reversal of an 
18
adjudication of delinquency, (ii) a new trial; or (iii) an 
19
appeal.
20
    (2.7) For counties with a population over 3,000,000, the 
21
clerk of the circuit court shall send a "Notification of a 
22
Possible Right to Expungement" post card to the minor at the 
23
address last received by the clerk of the circuit court on the 
24
date that the minor attains the age of 17 based on the 
25
birthdate provided to the court by the minor or his or her 
26
guardian in cases under paragraphs (b), (c),  and (d) of 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
subsection (1); and when the minor attains the age of 21 based 
2
on the birthdate provided to the court by the minor or his or 
3
her guardian in cases under subsection (2).
4
    (2.8) The petition for expungement for subsection (1)  shall 
5
be substantially in the following form:
6

IN THE CIRCUIT COURT OF ......, ILLINOIS
 

7

........ JUDICIAL CIRCUIT


 
8
IN THE INTEREST OF )    NO.

9
                   )

10
                   )

11
...................)

12
(Name of Petitioner)
 
13

PETITION TO EXPUNGE JUVENILE RECORDS
14

(705 ILCS 405/5-915 (SUBSECTION 1))
15

(Please prepare a separate petition for each offense)
16
Now comes ............., petitioner, and respectfully requests

17
that this Honorable Court enter an order expunging all juvenile 
18
law enforcement and court records of petitioner and in support 
19
thereof states that:
Petitioner has attained the age of 17, 
20
his/her birth date being ......, or all
Juvenile Court 
21
proceedings terminated as of ......, whichever occurred later.


22
Petitioner was arrested on ..... by the ....... Police 
23
Department for the offense of ......., and:

24
(Check One:)

 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
( ) a. no petition was filed with the Clerk of the Circuit 
2
Court.
3
( ) b. was charged with ...... and was found not delinquent
        of 
4
the offense.
5
( ) c. a petition was filed and the petition was dismissed 
6
without a finding of delinquency on .....
7
( ) d. on ....... placed under supervision pursuant to Section 
8
5-615 of the Juvenile Court Act of 1987 and such order of 
9
supervision successfully terminated on ........
10
( ) e. was adjudicated for the offense, which would have been a 
11
Class B misdemeanor, a Class C misdemeanor, or a petty offense 
12
or business offense if committed by an adult.

13
Petitioner .... has  .... has not  been arrested on charges in 
14
this or any county other than the charges listed above.  If 
15
petitioner has been arrested on additional charges, please list 
16
the charges below:

17
Charge(s): ......
18
Arresting Agency or Agencies: ...........
19
Disposition/Result: (choose from a. through e., above): .....

20
WHEREFORE, the petitioner respectfully requests this Honorable 
21
Court to (1) order all law enforcement agencies to expunge all 
22
records of petitioner to this incident, and (2) to order the 
23
Clerk of the Court to expunge all records concerning the 
24
petitioner regarding this incident.
 
25

......................

 


 






09600SB1030ham003
- 34 -
LRB096 07100 DRJ 27637 a




1

Petitioner (Signature)



 
2

..........................



3

Petitioner's Street Address

 
4

.....................



5

City, State, Zip Code

 
6

.............................
7

Petitioner's Telephone Number

 
8
Pursuant to the penalties of perjury under the Code of Civil 
9
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
10
statements in this petition are true and correct, or on 
11
information and belief I believe the same to be true.
 
12

......................
13

Petitioner (Signature)

14
The Petition for Expungement for subsection (2) shall be 
15
substantially in the following form:
 
16

IN THE CIRCUIT COURT OF ........, ILLINOIS
17

........ JUDICIAL CIRCUIT

 
18
IN THE INTEREST OF )    NO.

19
                   )

 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
                   )

2
...................)

3
(Name of Petitioner)
 
4

PETITION TO EXPUNGE JUVENILE RECORDS
 

5

(705 ILCS 405/5-915 (SUBSECTION 2))

6

(Please prepare a separate petition for each offense)

7
Now comes ............, petitioner, and respectfully requests 
8
that this Honorable Court enter an order expunging all Juvenile 
9
Law Enforcement and Court records of petitioner and in support 
10
thereof states that:
11
The incident for which the Petitioner seeks expungement 
12
occurred before the Petitioner's 17th birthday and did not 
13
result in proceedings in criminal court and the Petitioner has 
14
not had any convictions for any crime since his/her 17th 
15
birthday; and

16
The incident for which the Petitioner seeks expungement 
17
occurred before the Petitioner's 17th birthday and the 
18
adjudication was not based upon first-degree murder or sex 
19
offenses which would be felonies if committed by an adult, and 
20
the Petitioner has not had any convictions for any crime since 
21
his/her 17th birthday.
22
Petitioner was arrested on ...... by the ....... Police 
23
Department for the offense of ........, and:
24
(Check whichever one occurred the latest:)
25
( ) a. The Petitioner has attained the age of 21 years, his/her 
 


 






09600SB1030ham003
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1
birthday being .......; or
2
( ) b. 5 years have elapsed since all juvenile court 
3
proceedings relating to the Petitioner have been terminated; or 
4
the Petitioner's commitment to the Department of Juvenile 
5
Justice
 pursuant to the expungement of juvenile law enforcement 
6
and  court records provisions of the Juvenile Court Act of 1987 
7
has been terminated.

Petitioner ...has ...has not been arrested 
8
on charges in this or any other county other than the charge 
9
listed above.  If petitioner has been arrested on additional 
10
charges, please list the charges below:
11
Charge(s):  ..........
12
Arresting Agency or Agencies: .......
13
Disposition/Result: (choose from a or b, above): ..........
14
WHEREFORE, the petitioner respectfully requests this Honorable 
15
Court to (1) order all law enforcement agencies to expunge all 
16
records of petitioner related to this incident, and (2) to 
17
order the Clerk of the Court to expunge all records concerning 
18
the petitioner regarding this incident.
 
19

.......................

20

Petitioner (Signature)

 
21

......................
22

Petitioner's Street Address

 


23

.....................
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1

City, State, Zip Code
2

.............................
3

Petitioner's Telephone Number

 

4
Pursuant to the penalties of perjury under the Code of Civil 
5
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
6
statements in this petition are true and correct, or on 
7
information and belief I believe the same to be true.
8

......................
9

Petitioner (Signature)

10
    (3) The chief judge of the circuit in which an arrest was 
11
made or a charge
was brought or any
judge of that circuit 
12
designated by the chief judge
may, upon verified petition
of a 
13
person who is the subject of an arrest or a juvenile court 
14
proceeding
under subsection (1) or (2) of this Section, order 
15
the law enforcement
records or official court file, or both, to 
16
be expunged from the official
records of the arresting 
17
authority, the clerk of the circuit court and the
Department of 
18
State Police. The person whose records are to be expunged shall 
19
petition the court using the appropriate form containing his or 
20
her current address and shall promptly notify the clerk of the 
21
circuit court of any change of address.  Notice

of the petition 
22
shall be served upon the State's Attorney or prosecutor charged 
23
with the duty of prosecuting the offense, the Department of 
24
State Police, and the arresting agency or agencies by the clerk 
25
of the circuit court.  If an objection is filed within 45

days 
 


 






09600SB1030ham003
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1
of the notice of the petition, the clerk of the circuit court 
2
shall set a date for hearing after the 45
 day objection period.  
3
At the hearing the court shall hear evidence on whether the 
4
expungement should or should not be granted.  Unless the State's 
5
Attorney or prosecutor, the Department of State Police, or an 
6
arresting agency objects to the expungement within 45
 days of 
7
the notice, the court may enter an order granting expungement.  
8
The person whose records are to be expunged shall pay the clerk 
9
of the circuit court a fee equivalent to the cost associated 
10
with expungement of records by the clerk and the Department of 
11
State Police.  The clerk shall forward a certified copy of the 
12
order to the Department of State Police, the appropriate 
13
portion of the fee to the Department of State Police for 
14
processing, and deliver a certified copy of the order to the 
15
arresting agency.

16
    (3.1) The Notice of Expungement shall be in substantially 
17
the following form:
18

IN THE CIRCUIT COURT OF ....., ILLINOIS

19

.... JUDICIAL CIRCUIT


 
20
IN THE INTEREST OF )    NO.

21
                   )

22
                   )

23
...................)

24
(Name of Petitioner)
 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1

NOTICE

2
TO:  State's Attorney

3
TO:  Arresting Agency

4


5
................

6
................

7


8
................

9
................

10
TO:  Illinois State Police

11


12
.....................

13


14
.....................


15
ATTENTION: Expungement

16
You are hereby notified that on ....., at ....., in courtroom 
17
..., located at ..., before the Honorable ..., Judge, or any 
18
judge sitting in his/her stead, I shall then and there present 
19
a Petition to Expunge Juvenile records in the above-entitled 
20
matter, at which time and place you may appear.
21

......................
22

Petitioner's Signature
23

...........................

24

Petitioner's Street Address
25

.....................


26

City, State, Zip Code
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1

.............................
2

Petitioner's Telephone Number
3

PROOF OF SERVICE

4
On the ....... day of ......, 20..., I on oath state that I 
5
served this notice and true and correct copies of the 
6
above-checked documents by:
7
(Check One:)
8
delivering copies personally to each entity to whom they are 
9
directed;
10
or
11
by mailing copies to each entity to whom they are directed by 
12
depositing the same in the U.S. Mail, proper postage fully 
13
prepaid, before the hour of 5:00 p.m., at the United States 
14
Postal Depository located at .................
15

.........................................


16


17
Signature
18

Clerk of the Circuit Court or Deputy Clerk
19
Printed Name of Delinquent Minor/Petitioner: ....
20
Address: ........................................
21
Telephone Number: ...............................
22
    (3.2) The Order of Expungement shall be in substantially 
23
the following form:
24

IN THE CIRCUIT COURT OF ....., ILLINOIS

25

.... JUDICIAL CIRCUIT


 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
IN THE INTEREST OF )    NO.

2
                   )

3
                   )

4
...................)

5
(Name of Petitioner)
 

6
DOB ................
7
Arresting Agency/Agencies ......
8

ORDER OF EXPUNGEMENT

9

(705 ILCS 405/5-915 (SUBSECTION 3))



10
This matter having been heard on the petitioner's motion and 
11
the court being fully advised in the premises does find that 
12
the petitioner is indigent or has presented reasonable cause to 
13
waive all costs in this matter, IT IS HEREBY ORDERED that:
14
    ( ) 1. Clerk of Court and Department of State Police costs 
15
are hereby waived in this matter.
16
    ( ) 2. The Illinois State Police Bureau of Identification 
17
and the following law enforcement agencies expunge all records 
18
of petitioner relating to an arrest dated ...... for the 
19
offense of ......
20

Law Enforcement Agencies:

21

.........................

22

.........................

23
    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit 
24
Court expunge all records regarding the above-captioned case.
25

ENTER: ......................

 


 






09600SB1030ham003
- 42 -
LRB096 07100 DRJ 27637 a




1


2
JUDGE
3
DATED: .......
4
Name:

5
Attorney for:

6
Address:
City/State/Zip:

7
Attorney Number:
8
    (3.3) The Notice of Objection shall be in substantially the 
9
following form:
10

IN THE CIRCUIT COURT OF ....., ILLINOIS

11

....................... JUDICIAL CIRCUIT


 
12
IN THE INTEREST OF )    NO.

13
                   )

14
                   )

15
...................)

16
(Name of Petitioner)
 
17

NOTICE OF OBJECTION

18
TO:(Attorney, Public Defender, Minor)

19
.................................

20
.................................

21
TO:(Illinois State Police)

22
.................................

23
.................................
24
TO:(Clerk of the Court)

 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
.................................

2
.................................

3
TO:(Judge)

4
.................................

5
.................................

6
TO:(Arresting Agency/Agencies)

7
.................................

8
.................................
9
ATTENTION:

You are hereby notified that an objection has been 
10
filed by the following entity regarding the above-named minor's 
11
petition for expungement of juvenile records:
12
( ) State's Attorney's Office;

13
( ) Prosecutor (other than State's Attorney's Office) charged 
14
with the duty of prosecuting the               offense sought to be expunged;

15
( ) Department of Illinois State Police; or

16
( ) Arresting Agency or Agencies.

17
The agency checked above respectfully requests that this case 
18
be continued and set for hearing on whether the expungement 
19
should or should not be granted.

20
DATED: .......
21
Name:
22
Attorney For:

23
Address:
24
City/State/Zip:

25
Telephone:

26
Attorney No.: 

 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1

FOR USE BY CLERK OF THE COURT PERSONNEL ONLY



2
This matter has been set for hearing on the foregoing 
3
objection, on ...... in room ...., located at ....., before the 
4
Honorable ....., Judge, or any judge sitting in his/her stead.
 
5
(Only one hearing shall be set, regardless of the number of 
6
Notices of Objection received on the same case).

7
A copy of this completed Notice of Objection containing the 
8
court date, time, and location, has been sent via regular U.S. 
9
Mail to the following entities.  (If more than one Notice of 
10
Objection is received on the same case, each one must be 
11
completed with the court date, time and location and mailed to 
12
the following entities):

13
( ) Attorney, Public Defender or Minor;

14
( ) State's Attorney's Office;
15
( ) Prosecutor (other than State's Attorney's Office) charged 
16
with the duty of prosecuting the     offense sought to be expunged;
17
( ) Department of Illinois State Police; and
18
( ) Arresting agency or agencies.

19
Date: ......
20
Initials of Clerk completing this section: .....


21
    (4) Upon entry of an order expunging records or files, the 
22
offense, which
the records or files concern shall be treated as 
23
if it never occurred. Law
enforcement officers and other public 
24
offices and agencies shall properly reply
on inquiry that no 
25
record or file exists with respect to the
person. 

26
    (5) Records which have not been expunged are sealed, and 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
may be obtained
only under the provisions of Sections 5-901, 
2
5-905 and 5-915.

3
    (6) Nothing in this Section shall be construed to prohibit 
4
the maintenance
of information relating to an offense after 
5
records or files concerning the
offense have been expunged if 
6
the information is kept in a manner that does not
enable 
7
identification of the offender.  This information may only be 
8
used for
statistical and bona fide research purposes.
9
    (7)(a) The State Appellate Defender shall establish, 
10
maintain, and carry out, by December 31, 2004,  a juvenile 
11
expungement program
to provide information and assistance to 
12
minors eligible to have their juvenile records expunged.

13
    (b) The State Appellate Defender shall develop brochures, 
14
pamphlets, and
other
materials in
printed form and through the 
15
agency's World Wide Web site.  The pamphlets and
other materials 
16
shall
include at a minimum the following information:


17
        (i) An explanation of the State's juvenile expungement 
18
    process;
19
        (ii) The circumstances under which juvenile 
20
    expungement may occur;
21
        (iii) The juvenile offenses that may be expunged;
22
        (iv) The steps necessary to initiate and complete the 
23
    juvenile expungement process;
and
24
        (v) Directions on how to contact the State Appellate 
25
    Defender.
26
    (c) The State Appellate Defender shall establish and 
 


 






09600SB1030ham003
- 46 -
LRB096 07100 DRJ 27637 a




1
maintain a statewide
toll-free telephone
number that a person 
2
may use to receive information or assistance concerning
the 
3
expungement of juvenile records. The State Appellate
Defender 
4
shall advertise
the toll-free telephone number statewide. The 
5
State Appellate Defender shall
develop an expungement

6
information packet that may be sent to eligible persons seeking 
7
expungement of
their juvenile records,
which may include, but 
8
is not limited to, a pre-printed expungement petition
with 
9
instructions on how
to complete the petition and a pamphlet 
10
containing information that would
assist individuals through

11
the juvenile expungement process.
12
    (d) The State Appellate Defender shall compile a statewide 
13
list of volunteer
attorneys willing
to assist eligible 
14
individuals through the juvenile expungement process.
15
    (e) This Section shall be implemented from funds 
16
appropriated by the General
Assembly to the State
Appellate 
17
Defender
for this purpose. The State Appellate Defender shall 
18
employ the necessary staff
and adopt the
necessary rules for 
19
implementation of this Section.
20
    (8)(a) Except with respect to law enforcement agencies, the 
21
Department of Corrections, State's Attorneys, or other 
22
prosecutors, an expunged juvenile record may not be considered 
23
by any private or public entity in employment matters, 
24
certification, licensing, revocation of certification or 
25
licensure, or registration.  Applications for employment must 
26
contain specific language that states that the applicant is not 
 


 






09600SB1030ham003
- 47 -
LRB096 07100 DRJ 27637 a




1
obligated to disclose expunged juvenile records of conviction 
2
or arrest.  Employers may not ask  if an applicant has had a 
3
juvenile record expunged.  Effective January 1, 2005, the 
4
Department of Labor shall develop a link on the Department's 
5
website to inform employers that employers may not ask if an 
6
applicant had a juvenile record expunged and that application 
7
for employment must contain specific language that states that 
8
the applicant is not obligated to disclose expunged juvenile 
9
records of arrest or conviction.
10
    (b) A person whose juvenile records have been expunged is 
11
not entitled to remission of any fines, costs, or other money 
12
paid as a consequence of expungement.  This amendatory Act of 
13
the 93rd General Assembly does not affect the right of the 
14
victim of a crime to prosecute or defend a civil action for 
15
damages.

16
    (c)  The expungement of juvenile records under Section 5-622 
17
shall be funded by the additional fine imposed under Section 
18
5-9-1.17 of the Unified Code of Corrections and additional 
19
appropriations made by the General Assembly for such purpose. 
20
(Source: P.A. 94-696, eff. 6-1-06; 95-861, eff. 1-1-09.)


 
21
    Section 15. The Unified Code of Corrections is amended  by 
22
adding Section 5-9-1.17 as follows:
 
23
    (730 ILCS 5/5-9-1.17 new)

24
    Sec. 5-9-1.17. Additional fine to fund expungement of 
 


 






09600SB1030ham003
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LRB096 07100 DRJ 27637 a




1
juvenile records.
2
    (a)  There shall be added to every penalty imposed in 
3
sentencing for a criminal offense an additional fine of $30 to 
4
be imposed upon a plea of guilty or finding of guilty resulting 
5
in a judgment of conviction.
6
    (b)  Ten dollars of each such additional fine shall be 
7
remitted to the State Treasurer for deposit into the State 
8
Police Services Fund to be used to implement the expungement of 
9
juvenile records as provided in Section 5-622 of the Juvenile 
10
Court Act of 1987, $10 shall be paid to the State's Attorney's 
11
Office that prosecuted the criminal offense,  and $10 shall be 
12
retained by the Circuit Clerk for administrative costs 
13
associated with the expungement of juvenile records and shall 
14
be deposited into the Circuit Court Clerk Operation and 
15
Administrative Fund.".