103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5465

 

Introduced 2/9/2024, by Rep. Jeff Keicher

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-915

    Amends the Juvenile Court Act of 1987. Provides that a trafficking victim, as defined in the human trafficking provisions of the Criminal Code of 2012, may petition for vacation and expungement or immediate sealing of his or her juvenile court records and juvenile law enforcement records relating to events that resulted in the victim's adjudication of delinquency for an offense if committed by an adult would be a violation of the criminal laws occurring before the victim's 18th birthday upon the completion of his or her juvenile court sentence if his or her participation in the underlying offense was a direct result of human trafficking under the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act.


LRB103 36846 RLC 66958 b

 

 

A BILL FOR

 

HB5465LRB103 36846 RLC 66958 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-915 as follows:
 
6    (705 ILCS 405/5-915)
7    Sec. 5-915. Expungement of juvenile law enforcement and
8juvenile court records.
9    (0.05) (Blank).
10    (0.1)(a) The Illinois State Police and all law enforcement
11agencies within the State shall automatically expunge, on or
12before January 1 of each year, except as described in
13paragraph (c) of this subsection (0.1), all juvenile law
14enforcement records relating to events occurring before an
15individual's 18th birthday if:
16        (1) one year or more has elapsed since the date of the
17    arrest or law enforcement interaction documented in the
18    records;
19        (2) no petition for delinquency or criminal charges
20    were filed with the clerk of the circuit court relating to
21    the arrest or law enforcement interaction documented in
22    the records; and
23        (3) 6 months have elapsed since the date of the arrest

 

 

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1    without an additional subsequent arrest or filing of a
2    petition for delinquency or criminal charges whether
3    related or not to the arrest or law enforcement
4    interaction documented in the records.
5    (b) If the law enforcement agency is unable to verify
6satisfaction of conditions (2) and (3) of this subsection
7(0.1), records that satisfy condition (1) of this subsection
8(0.1) shall be automatically expunged if the records relate to
9an offense that if committed by an adult would not be an
10offense classified as a Class 2 felony or higher, an offense
11under Article 11 of the Criminal Code of 1961 or Criminal Code
12of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1312-15, or 12-16 of the Criminal Code of 1961.
14    (c) If the juvenile law enforcement record was received
15through a public submission to a statewide student
16confidential reporting system administered by the Illinois
17State Police, the record will be maintained for a period of 5
18years according to all other provisions in this subsection
19(0.1).
20    (0.15) If a juvenile law enforcement record meets
21paragraph (a) of subsection (0.1) of this Section, a juvenile
22law enforcement record created:
23        (1) prior to January 1, 2018, but on or after January
24    1, 2013 shall be automatically expunged prior to January
25    1, 2020;
26        (2) prior to January 1, 2013, but on or after January

 

 

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1    1, 2000, shall be automatically expunged prior to January
2    1, 2023; and
3        (3) prior to January 1, 2000 shall not be subject to
4    the automatic expungement provisions of this Act.
5    Nothing in this subsection (0.15) shall be construed to
6restrict or modify an individual's right to have the person's
7juvenile law enforcement records expunged except as otherwise
8may be provided in this Act.
9    (0.2)(a) Upon dismissal of a petition alleging delinquency
10or upon a finding of not delinquent, the successful
11termination of an order of supervision, or the successful
12termination of an adjudication for an offense which would be a
13Class B misdemeanor, Class C misdemeanor, or a petty or
14business offense if committed by an adult, the court shall
15automatically order the expungement of the juvenile court
16records and juvenile law enforcement records. The clerk shall
17deliver a certified copy of the expungement order to the
18Illinois State Police and the arresting agency. Upon request,
19the State's Attorney shall furnish the name of the arresting
20agency. The expungement shall be completed within 60 business
21days after the receipt of the expungement order.
22    (b) If the chief law enforcement officer of the agency, or
23the chief law enforcement officer's designee, certifies in
24writing that certain information is needed for a pending
25investigation involving the commission of a felony, that
26information, and information identifying the juvenile, may be

 

 

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1retained until the statute of limitations for the felony has
2run. If the chief law enforcement officer of the agency, or the
3chief law enforcement officer's designee, certifies in writing
4that certain information is needed with respect to an internal
5investigation of any law enforcement office, that information
6and information identifying the juvenile may be retained
7within an intelligence file until the investigation is
8terminated or the disciplinary action, including appeals, has
9been completed, whichever is later. Retention of a portion of
10a juvenile's law enforcement record does not disqualify the
11remainder of a juvenile's record from immediate automatic
12expungement.
13    (0.3)(a) Upon an adjudication of delinquency based on any
14offense except a disqualified offense, the juvenile court
15shall automatically order the expungement of the juvenile
16court and law enforcement records 2 years after the juvenile's
17case was closed if no delinquency or criminal proceeding is
18pending and the person has had no subsequent delinquency
19adjudication or criminal conviction. The clerk shall deliver a
20certified copy of the expungement order to the Illinois State
21Police and the arresting agency. Upon request, the State's
22Attorney shall furnish the name of the arresting agency. The
23expungement shall be completed within 60 business days after
24the receipt of the expungement order. In this subsection
25(0.3), "disqualified offense" means any of the following
26offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,

 

 

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110-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,
211-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,
312-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,
412-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,
518-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,
624-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,
731-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or
8subsection (b) of Section 8-1, paragraph (4) of subsection (a)
9of Section 11-14.4, subsection (a-5) of Section 12-3.1,
10paragraph (1), (2), or (3) of subsection (a) of Section 12-6,
11subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or
12(2) of subsection (a) of Section 12-7.4, subparagraph (i) of
13paragraph (1) of subsection (a) of Section 12-9, subparagraph
14(H) of paragraph (3) of subsection (a) of Section 24-1.6,
15paragraph (1) of subsection (a) of Section 25-1, or subsection
16(a-7) of Section 31-1 of the Criminal Code of 2012.
17    (b) If the chief law enforcement officer of the agency, or
18the chief law enforcement officer's designee, certifies in
19writing that certain information is needed for a pending
20investigation involving the commission of a felony, that
21information, and information identifying the juvenile, may be
22retained in an intelligence file until the investigation is
23terminated or for one additional year, whichever is sooner.
24Retention of a portion of a juvenile's juvenile law
25enforcement record does not disqualify the remainder of a
26juvenile's record from immediate automatic expungement.

 

 

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1    (0.4) Automatic expungement for the purposes of this
2Section shall not require law enforcement agencies to
3obliterate or otherwise destroy juvenile law enforcement
4records that would otherwise need to be automatically expunged
5under this Act, except after 2 years following the subject
6arrest for purposes of use in civil litigation against a
7governmental entity or its law enforcement agency or personnel
8which created, maintained, or used the records. However, these
9juvenile law enforcement records shall be considered expunged
10for all other purposes during this period and the offense,
11which the records or files concern, shall be treated as if it
12never occurred as required under Section 5-923.
13    (0.5) Subsection (0.1) or (0.2) of this Section does not
14apply to violations of traffic, boating, fish and game laws,
15or county or municipal ordinances.
16    (0.6) Juvenile law enforcement records of a plaintiff who
17has filed civil litigation against the governmental entity or
18its law enforcement agency or personnel that created,
19maintained, or used the records, or juvenile law enforcement
20records that contain information related to the allegations
21set forth in the civil litigation may not be expunged until
22after 2 years have elapsed after the conclusion of the
23lawsuit, including any appeal.
24    (0.7) Officer-worn body camera recordings shall not be
25automatically expunged except as otherwise authorized by the
26Law Enforcement Officer-Worn Body Camera Act.

 

 

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1    (1) Whenever a person has been arrested, charged, or
2adjudicated delinquent for an incident occurring before a
3person's 18th birthday that if committed by an adult would be
4an offense, and that person's juvenile law enforcement and
5juvenile court records are not eligible for automatic
6expungement under subsection (0.1), (0.2), or (0.3), the
7person may petition the court at any time at no cost to the
8person for expungement of juvenile law enforcement records and
9juvenile court records relating to the incident and, upon
10termination of all juvenile court proceedings relating to that
11incident, the court shall order the expungement of all records
12in the possession of the Illinois State Police, the clerk of
13the circuit court, and law enforcement agencies relating to
14the incident, but only in any of the following circumstances:
15        (a) the minor was arrested and no petition for
16    delinquency was filed with the clerk of the circuit court;
17        (a-5) the minor was charged with an offense and the
18    petition or petitions were dismissed without a finding of
19    delinquency;
20        (b) the minor was charged with an offense and was
21    found not delinquent of that offense;
22        (c) the minor was placed under supervision under
23    Section 5-615, and the order of supervision has since been
24    successfully terminated; or
25        (d) the minor was adjudicated for an offense which
26    would be a Class B misdemeanor, Class C misdemeanor, or a

 

 

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1    petty or business offense if committed by an adult.
2    (1.5) At no cost to the person, the Illinois State Police
3shall allow a person to use the Access and Review process,
4established in the Illinois State Police, for verifying that
5the person's juvenile law enforcement records relating to
6incidents occurring before the person's 18th birthday eligible
7under this Act have been expunged.
8    (1.6) (Blank).
9    (1.7) (Blank).
10    (1.8) (Blank).
11    (2) Any person whose delinquency adjudications are not
12eligible for automatic expungement under subsection (0.3) of
13this Section may petition the court at no cost to the person to
14expunge all juvenile law enforcement records relating to any
15incidents occurring before the person's 18th birthday which
16did not result in proceedings in criminal court and all
17juvenile court records with respect to any adjudications
18except those based upon first degree murder or an offense
19under Article 11 of the Criminal Code of 2012 if the person is
20required to register under the Sex Offender Registration Act
21at the time the person petitions the court for expungement;
22provided that 2 years have elapsed since all juvenile court
23proceedings relating to the person have been terminated and
24the person's commitment to the Department of Juvenile Justice
25under this Act has been terminated.
26    (2.5) If a minor is arrested and no petition for

 

 

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1delinquency is filed with the clerk of the circuit court at the
2time the minor is released from custody, the youth officer, if
3applicable, or other designated person from the arresting
4agency, shall notify verbally and in writing to the minor or
5the minor's parents or guardians that the minor shall have an
6arrest record and shall provide the minor and the minor's
7parents or guardians with an expungement information packet,
8information regarding this State's expungement laws including
9a petition to expunge juvenile law enforcement and juvenile
10court records obtained from the clerk of the circuit court.
11    (2.6) If a minor is referred to court, then, at the time of
12sentencing, dismissal of the case, or successful completion of
13supervision, the judge shall inform the delinquent minor of
14the minor's rights regarding expungement and the clerk of the
15circuit court shall provide an expungement information packet
16to the minor, written in plain language, including information
17regarding this State's expungement laws and a petition for
18expungement, a sample of a completed petition, expungement
19instructions that shall include information informing the
20minor that (i) once the case is expunged, it shall be treated
21as if it never occurred, (ii) the minor shall not be charged a
22fee to petition for expungement, (iii) once the minor obtains
23an expungement, the minor may not be required to disclose that
24the minor had a juvenile law enforcement or juvenile court
25record, and (iv) if petitioning the minor may file the
26petition on the minor's own or with the assistance of an

 

 

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1attorney. The failure of the judge to inform the delinquent
2minor of the minor's right to petition for expungement as
3provided by law does not create a substantive right, nor is
4that failure grounds for: (i) a reversal of an adjudication of
5delinquency; (ii) a new trial; or (iii) an appeal.
6    (2.6-1) A trafficking victim, as defined by paragraph (10)
7of subsection (a) of Section 10-9 of the Criminal Code of 2012,
8may petition for vacation and expungement or immediate sealing
9of his or her juvenile court records and juvenile law
10enforcement records relating to events that resulted in the
11victim's adjudication of delinquency for an offense if
12committed by an adult would be a violation of the criminal laws
13occurring before the victim's 18th birthday upon the
14completion of his or her juvenile court sentence if his or her
15participation in the underlying offense was a direct result of
16human trafficking under Section 10-9 of the Criminal Code of
172012 or a severe form of trafficking under the federal
18Trafficking Victims Protection Act.
19    (2.7) (Blank).
20    (2.8) (Blank).
21    (3) (Blank).
22    (3.1) (Blank).
23    (3.2) (Blank).
24    (3.3) (Blank).
25    (4) (Blank).
26    (5) (Blank).

 

 

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1    (5.5) Whether or not expunged, records eligible for
2automatic expungement under subdivision (0.1)(a), (0.2)(a), or
3(0.3)(a) may be treated as expunged by the individual subject
4to the records.
5    (6) (Blank).
6    (6.5) The Illinois State Police or any employee of the
7Illinois State Police shall be immune from civil or criminal
8liability for failure to expunge any records of arrest that
9are subject to expungement under this Section because of
10inability to verify a record. Nothing in this Section shall
11create Illinois State Police liability or responsibility for
12the expungement of juvenile law enforcement records it does
13not possess.
14    (7) (Blank).
15    (7.5) (Blank).
16    (8) The expungement of juvenile law enforcement or
17juvenile court records under subsection (0.1), (0.2), or (0.3)
18of this Section shall be funded by appropriation by the
19General Assembly for that purpose.
20    (9) (Blank).
21    (10) (Blank).
22(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
23102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff.
246-30-23; 103-379, eff. 7-28-23; revised 8-30-23.)