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1 | AN ACT concerning State government. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Seizure and Forfeiture Reporting Act is | |||||||||||||||||||
5 | amended by changing Section 10 as follows: | |||||||||||||||||||
6 | (5 ILCS 810/10) | |||||||||||||||||||
7 | Sec. 10. Reporting by law enforcement agency. | |||||||||||||||||||
8 | (a) Each law enforcement agency that seizes property | |||||||||||||||||||
9 | subject to reporting under this Act shall report the following | |||||||||||||||||||
10 | information about property seized or forfeited under State | |||||||||||||||||||
11 | law: | |||||||||||||||||||
12 | (1) the name of the law enforcement agency that seized | |||||||||||||||||||
13 | the property; | |||||||||||||||||||
14 | (2) the date of the seizure; | |||||||||||||||||||
15 | (3) the type of property seized, including a building, | |||||||||||||||||||
16 | vehicle, boat, cash, negotiable security, or firearm, | |||||||||||||||||||
17 | except reporting is not required for seizures of | |||||||||||||||||||
18 | contraband including alcohol, gambling devices, drug | |||||||||||||||||||
19 | paraphernalia, and controlled substances; | |||||||||||||||||||
20 | (4) a description of the property seized and the | |||||||||||||||||||
21 | estimated value of the property and if the property is a | |||||||||||||||||||
22 | conveyance, the description shall include the make, model, | |||||||||||||||||||
23 | year, and vehicle identification number or serial number; |
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1 | and | ||||||
2 | (5) the location where the seizure occurred. | ||||||
3 | The filing requirement shall be met upon filing Illinois | ||||||
4 | State Police Notice/Inventory of Seized Property (Form 4-64) | ||||||
5 | with the State's Attorney's Office in the county where the | ||||||
6 | forfeiture action is being commenced or with the Attorney | ||||||
7 | General's Office if the forfeiture action is being commenced | ||||||
8 | by that office, and the forwarding of Form 4-64 upon approval | ||||||
9 | of the State's Attorney's Office or the Attorney General's | ||||||
10 | Office to the Illinois State Police Asset Forfeiture Section. | ||||||
11 | With regard to seizures for which Form 4-64 is not required to | ||||||
12 | be filed, the filing requirement shall be met by the filing of | ||||||
13 | an annual summary report with the Illinois State Police no | ||||||
14 | later than 60 days after December 31 of that year. | ||||||
15 | (b) Each law enforcement agency, including a drug task | ||||||
16 | force or Metropolitan Enforcement Group (MEG) unit, that | ||||||
17 | receives proceeds from forfeitures subject to reporting under | ||||||
18 | this Act shall file an annual report with the Illinois State | ||||||
19 | Police no later than 60 days after December 31 of that year. | ||||||
20 | The format of the report shall be developed by the Illinois | ||||||
21 | State Police and shall be completed by the law enforcement | ||||||
22 | agency. The report shall include, at a minimum, the amount of | ||||||
23 | funds and other property distributed to the law enforcement | ||||||
24 | agency by the Illinois State Police, the amount of funds | ||||||
25 | expended by the law enforcement agency, and the category of | ||||||
26 | expenditure, including: |
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1 | (1) crime, gang, or abuse prevention or intervention | ||||||
2 | programs; | ||||||
3 | (2) compensation or services for crime victims; | ||||||
4 | (3) witness protection, informant fees, and controlled | ||||||
5 | purchases of contraband; | ||||||
6 | (4) salaries, overtime, and benefits, as permitted by | ||||||
7 | law; | ||||||
8 | (5) operating expenses, including but not limited to, | ||||||
9 | capital expenditures for vehicles, firearms, equipment, | ||||||
10 | computers, furniture, office supplies, postage, printing, | ||||||
11 | membership fees paid to trade associations, and fees for | ||||||
12 | professional services including auditing, court reporting, | ||||||
13 | expert witnesses, and attorneys; | ||||||
14 | (6) travel, meals, entertainment, conferences, | ||||||
15 | training, and continuing education seminars; and | ||||||
16 | (7) other expenditures of forfeiture proceeds. | ||||||
17 | (c) The Illinois State Police shall establish and maintain | ||||||
18 | on its official website a public database that includes annual | ||||||
19 | aggregate data for each law enforcement agency that reports | ||||||
20 | seizures of property under subsection (a) of this Section, | ||||||
21 | that receives distributions of forfeiture proceeds subject to | ||||||
22 | reporting under this Act, or reports expenditures under | ||||||
23 | subsection (b) of this Section. This aggregate data shall | ||||||
24 | include, for each law enforcement agency: | ||||||
25 | (1) the total number of asset seizures reported by | ||||||
26 | each law enforcement agency during the calendar year; |
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1 | (2) the monetary value of all currency or its | ||||||
2 | equivalent seized by the law enforcement agency during the | ||||||
3 | calendar year; | ||||||
4 | (3) the number of conveyances seized by the law | ||||||
5 | enforcement agency during the calendar year, and the | ||||||
6 | aggregate estimated value; | ||||||
7 | (4) the aggregate estimated value of all other | ||||||
8 | property seized by the law enforcement agency during the | ||||||
9 | calendar year; | ||||||
10 | (5) the monetary value of distributions by the | ||||||
11 | Illinois State Police of forfeited currency or auction | ||||||
12 | proceeds from forfeited property to the law enforcement | ||||||
13 | agency during the calendar year; and | ||||||
14 | (6) the total amount of the law enforcement agency's | ||||||
15 | expenditures of forfeiture proceeds during the calendar | ||||||
16 | year, categorized as provided under subsection (b) of this | ||||||
17 | Section. | ||||||
18 | The database shall not provide names, addresses, phone | ||||||
19 | numbers, or other personally identifying information of owners | ||||||
20 | or interest holders, persons, business entities, covert office | ||||||
21 | locations, or business entities involved in the forfeiture | ||||||
22 | action and shall not disclose the vehicle identification | ||||||
23 | number or serial number of any conveyance. | ||||||
24 | (d) The Illinois State Police shall adopt rules to | ||||||
25 | administer the asset forfeiture program, including the | ||||||
26 | categories of authorized expenditures consistent with the |
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1 | statutory guidelines for each of the included forfeiture | ||||||
2 | statutes, the use of forfeited funds, other expenditure | ||||||
3 | requirements, and the reporting of seizure and forfeiture | ||||||
4 | information. The Illinois State Police may adopt rules | ||||||
5 | necessary to implement this Act through the use of emergency | ||||||
6 | rulemaking under Section 5-45 of the Illinois Administrative | ||||||
7 | Procedure Act for a period not to exceed 180 days after the | ||||||
8 | effective date of this Act. | ||||||
9 | (e) The Illinois State Police shall have authority and | ||||||
10 | oversight over all law enforcement agencies receiving | ||||||
11 | forfeited funds from the Illinois State Police. This authority | ||||||
12 | shall include enforcement of rules and regulations adopted by | ||||||
13 | the Illinois State Police and sanctions for violations of any | ||||||
14 | rules and regulations, including the withholding of | ||||||
15 | distributions of forfeiture proceeds from the law enforcement | ||||||
16 | agency in violation. | ||||||
17 | (f) Upon application by a law enforcement agency to the | ||||||
18 | Illinois State Police, the reporting of a particular asset | ||||||
19 | forfeited under this Section may be delayed if the asset in | ||||||
20 | question was seized from a person who has become a | ||||||
21 | confidential informant under the agency's confidential | ||||||
22 | informant policy, or if the asset was seized as part of an | ||||||
23 | ongoing investigation. This delayed reporting shall be granted | ||||||
24 | by the Illinois State Police for a maximum period of 6 months | ||||||
25 | if the confidential informant is still providing cooperation | ||||||
26 | to law enforcement or the investigation is still ongoing, |
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1 | after which the asset shall be reported as required under this | ||||||
2 | Act. | ||||||
3 | (g) The Illinois State Police shall, on or before January | ||||||
4 | 1, 2019, establish and implement the requirements of this Act. | ||||||
5 | In order to implement the reporting and public database | ||||||
6 | requirements under this Act, the Illinois State Police Asset | ||||||
7 | Forfeiture Section requires a one-time upgrade of its | ||||||
8 | information technology software and hardware. This one-time | ||||||
9 | upgrade shall be funded by a temporary allocation of 5% of all | ||||||
10 | forfeited currency and 5% of the auction proceeds from each | ||||||
11 | forfeited asset, which are to be distributed after the | ||||||
12 | effective date of this Act. The Illinois State Police shall | ||||||
13 | transfer these funds at the time of distribution to a separate | ||||||
14 | fund established by the Illinois State Police. Moneys | ||||||
15 | deposited in this fund shall be accounted for and shall be used | ||||||
16 | only to pay for the actual one-time cost of purchasing and | ||||||
17 | installing the hardware and software required to comply with | ||||||
18 | this new reporting and public database requirement. Moneys | ||||||
19 | deposited in the fund shall not be subject to reappropriation, | ||||||
20 | reallocation, or redistribution for any other purpose. After | ||||||
21 | sufficient funds are transferred to the fund to cover the | ||||||
22 | actual one-time cost of purchasing and installing the hardware | ||||||
23 | and software required to comply with this new reporting and | ||||||
24 | public database requirement, no additional funds shall be | ||||||
25 | transferred to the fund for any purpose. At the completion of | ||||||
26 | the one-time upgrade of the information technology hardware |
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1 | and software to comply with this new reporting and public | ||||||
2 | database requirement, any remaining funds in the fund shall be | ||||||
3 | returned to the participating agencies under the distribution | ||||||
4 | requirements of the statutes from which the funds were | ||||||
5 | transferred, and the fund shall no longer exist. | ||||||
6 | (h)(1) The Illinois State Police, in consultation with and | ||||||
7 | subject to the approval of the Chief Procurement Officer, may | ||||||
8 | procure a single contract or multiple contracts to implement | ||||||
9 | this Act. | ||||||
10 | (2) A contract or contracts under this subsection (h) are | ||||||
11 | not subject to the Illinois Procurement Code, except for | ||||||
12 | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of | ||||||
13 | that Code, provided that the Chief Procurement Officer may, in | ||||||
14 | writing with justification, waive any certification required | ||||||
15 | under Article 50 of the Illinois Procurement Code. The | ||||||
16 | provisions of this paragraph (2), other than this sentence, | ||||||
17 | are inoperative on and after July 1, 2019. | ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
19 | Section 10. The Illinois State Police Law of the Civil | ||||||
20 | Administrative Code of Illinois is amended by changing Section | ||||||
21 | 2605-605 as follows: | ||||||
22 | (20 ILCS 2605/2605-605) | ||||||
23 | Sec. 2605-605. Violent Crime Intelligence Task Force. The | ||||||
24 | Director of the Illinois State Police shall establish a |
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1 | statewide multi-jurisdictional Violent Crime Intelligence Task | ||||||
2 | Force led by the Illinois State Police dedicated to combating | ||||||
3 | gun violence, gun-trafficking, and other violent crime with | ||||||
4 | the primary mission of preservation of life and reducing the | ||||||
5 | occurrence and the fear of crime. The objectives of the Task | ||||||
6 | Force shall include, but not be limited to, reducing and | ||||||
7 | preventing illegal possession and use of firearms, | ||||||
8 | firearm-related homicides, and other violent crimes, and | ||||||
9 | solving firearm-related crimes. | ||||||
10 | (1) The Task Force may develop and acquire information, | ||||||
11 | training, tools, and resources necessary to implement a | ||||||
12 | data-driven approach to policing, with an emphasis on | ||||||
13 | intelligence development. | ||||||
14 | (2) The Task Force may utilize information sharing, | ||||||
15 | partnerships, crime analysis, and evidence-based practices to | ||||||
16 | assist in the reduction of firearm-related shootings, | ||||||
17 | homicides, and gun-trafficking, including, but not limited to, | ||||||
18 | ballistic data, eTrace data, DNA evidence, latent | ||||||
19 | fingerprints, firearm training data, and National Integrated | ||||||
20 | Ballistic Information Network (NIBIN) data. The Task Force may | ||||||
21 | design a model crime gun intelligence strategy which may | ||||||
22 | include, but is not limited to, comprehensive collection and | ||||||
23 | documentation of all ballistic evidence, timely transfer of | ||||||
24 | NIBIN and eTrace leads to an intelligence center, which may | ||||||
25 | include the Division of Criminal Investigation of the Illinois | ||||||
26 | State Police, timely dissemination of intelligence to |
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1 | investigators, investigative follow-up, and coordinated | ||||||
2 | prosecution. | ||||||
3 | (3) The Task Force may recognize and utilize best | ||||||
4 | practices of community policing and may develop potential | ||||||
5 | partnerships with faith-based and community organizations to | ||||||
6 | achieve its goals. | ||||||
7 | (4) The Task Force may identify and utilize best practices | ||||||
8 | in drug-diversion programs and other community-based services | ||||||
9 | to redirect low-level offenders. | ||||||
10 | (5) The Task Force may assist in violence suppression | ||||||
11 | strategies including, but not limited to, details in | ||||||
12 | identified locations that have shown to be the most prone to | ||||||
13 | gun violence and violent crime, focused deterrence against | ||||||
14 | violent gangs and groups considered responsible for the | ||||||
15 | violence in communities, and other intelligence driven methods | ||||||
16 | deemed necessary to interrupt cycles of violence or prevent | ||||||
17 | retaliation. | ||||||
18 | (6) In consultation with the Chief Procurement Officer, | ||||||
19 | the Illinois State Police may obtain contracts for software, | ||||||
20 | commodities, resources, and equipment to assist the Task Force | ||||||
21 | with achieving this Act. Any contracts necessary to support | ||||||
22 | the delivery of necessary software, commodities, resources, | ||||||
23 | and equipment are not subject to the Illinois Procurement | ||||||
24 | Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and | ||||||
25 | Article 50 of that Code, provided that the Chief Procurement | ||||||
26 | Officer may, in writing with justification, waive any |
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1 | certification required under Article 50 of the Illinois | ||||||
2 | Procurement Code. | ||||||
3 | (7) The Task Force shall conduct enforcement operations | ||||||
4 | against persons whose Firearm Owner's Identification Cards | ||||||
5 | have been revoked or suspended and persons who fail to comply | ||||||
6 | with the requirements of Section 9.5 of the Firearm Owners | ||||||
7 | Identification Card Act, prioritizing individuals presenting a | ||||||
8 | clear and present danger to themselves or to others under | ||||||
9 | paragraph (2) of subsection (d) of Section 8.1 of the Firearm | ||||||
10 | Owners Identification Card Act. | ||||||
11 | (8) The Task Force shall collaborate with local law | ||||||
12 | enforcement agencies to enforce provisions of the Firearm | ||||||
13 | Owners Identification Card Act, the Firearm Concealed Carry | ||||||
14 | Act, the Firearm Dealer License Certification Act, and Article | ||||||
15 | 24 of the Criminal Code of 2012. | ||||||
16 | (9) To implement this Section, the Director of the | ||||||
17 | Illinois State Police may establish intergovernmental | ||||||
18 | agreements with law enforcement agencies in accordance with | ||||||
19 | the Intergovernmental Cooperation Act. | ||||||
20 | (10) Law enforcement agencies that participate in | ||||||
21 | activities described in paragraphs (7) through (9) may apply | ||||||
22 | to the Illinois State Police for grants from the State Police | ||||||
23 | Firearm Revocation Enforcement Fund. | ||||||
24 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
25 | 102-813, eff. 5-13-22.) |
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1 | (20 ILCS 2605/2605-378 rep.) | ||||||
2 | Section 15. The Illinois State Police Law of the Civil | ||||||
3 | Administrative Code of Illinois is amended by repealing | ||||||
4 | Section 2605-378. | ||||||
5 | Section 20. The Criminal Identification Act is amended by | ||||||
6 | changing Section 5.2 as follows: | ||||||
7 | (20 ILCS 2630/5.2) | ||||||
8 | Sec. 5.2. Expungement, sealing, and immediate sealing. | ||||||
9 | (a) General Provisions. | ||||||
10 | (1) Definitions. In this Act, words and phrases have | ||||||
11 | the meanings set forth in this subsection, except when a | ||||||
12 | particular context clearly requires a different meaning. | ||||||
13 | (A) The following terms shall have the meanings | ||||||
14 | ascribed to them in the following Sections of the | ||||||
15 | Unified Code of Corrections: | ||||||
16 | Business Offense, Section 5-1-2. | ||||||
17 | Charge, Section 5-1-3. | ||||||
18 | Court, Section 5-1-6. | ||||||
19 | Defendant, Section 5-1-7. | ||||||
20 | Felony, Section 5-1-9. | ||||||
21 | Imprisonment, Section 5-1-10. | ||||||
22 | Judgment, Section 5-1-12. | ||||||
23 | Misdemeanor, Section 5-1-14. | ||||||
24 | Offense, Section 5-1-15. |
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1 | Parole, Section 5-1-16. | ||||||
2 | Petty Offense, Section 5-1-17. | ||||||
3 | Probation, Section 5-1-18. | ||||||
4 | Sentence, Section 5-1-19. | ||||||
5 | Supervision, Section 5-1-21. | ||||||
6 | Victim, Section 5-1-22. | ||||||
7 | (B) As used in this Section, "charge not initiated | ||||||
8 | by arrest" means a charge (as defined by Section 5-1-3 | ||||||
9 | of the Unified Code of Corrections) brought against a | ||||||
10 | defendant where the defendant is not arrested prior to | ||||||
11 | or as a direct result of the charge. | ||||||
12 | (C) "Conviction" means a judgment of conviction or | ||||||
13 | sentence entered upon a plea of guilty or upon a | ||||||
14 | verdict or finding of guilty of an offense, rendered | ||||||
15 | by a legally constituted jury or by a court of | ||||||
16 | competent jurisdiction authorized to try the case | ||||||
17 | without a jury. An order of supervision successfully | ||||||
18 | completed by the petitioner is not a conviction. An | ||||||
19 | order of qualified probation (as defined in subsection | ||||||
20 | (a)(1)(J)) successfully completed by the petitioner is | ||||||
21 | not a conviction. An order of supervision or an order | ||||||
22 | of qualified probation that is terminated | ||||||
23 | unsatisfactorily is a conviction, unless the | ||||||
24 | unsatisfactory termination is reversed, vacated, or | ||||||
25 | modified and the judgment of conviction, if any, is | ||||||
26 | reversed or vacated. |
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1 | (D) "Criminal offense" means a petty offense, | ||||||
2 | business offense, misdemeanor, felony, or municipal | ||||||
3 | ordinance violation (as defined in subsection | ||||||
4 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
5 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
6 | be considered a criminal offense. | ||||||
7 | (E) "Expunge" means to physically destroy the | ||||||
8 | records or return them to the petitioner and to | ||||||
9 | obliterate the petitioner's name from any official | ||||||
10 | index or public record, or both. Nothing in this Act | ||||||
11 | shall require the physical destruction of the circuit | ||||||
12 | court file, but such records relating to arrests or | ||||||
13 | charges, or both, ordered expunged shall be impounded | ||||||
14 | as required by subsections (d)(9)(A)(ii) and | ||||||
15 | (d)(9)(B)(ii). | ||||||
16 | (F) As used in this Section, "last sentence" means | ||||||
17 | the sentence, order of supervision, or order of | ||||||
18 | qualified probation (as defined by subsection | ||||||
19 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
20 | subsection (a)(1)(D)) that terminates last in time in | ||||||
21 | any jurisdiction, regardless of whether the petitioner | ||||||
22 | has included the criminal offense for which the | ||||||
23 | sentence or order of supervision or qualified | ||||||
24 | probation was imposed in his or her petition. If | ||||||
25 | multiple sentences, orders of supervision, or orders | ||||||
26 | of qualified probation terminate on the same day and |
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1 | are last in time, they shall be collectively | ||||||
2 | considered the "last sentence" regardless of whether | ||||||
3 | they were ordered to run concurrently. | ||||||
4 | (G) "Minor traffic offense" means a petty offense, | ||||||
5 | business offense, or Class C misdemeanor under the | ||||||
6 | Illinois Vehicle Code or a similar provision of a | ||||||
7 | municipal or local ordinance. | ||||||
8 | (G-5) "Minor Cannabis Offense" means a violation | ||||||
9 | of Section 4 or 5 of the Cannabis Control Act | ||||||
10 | concerning not more than 30 grams of any substance | ||||||
11 | containing cannabis, provided the violation did not | ||||||
12 | include a penalty enhancement under Section 7 of the | ||||||
13 | Cannabis Control Act and is not associated with an | ||||||
14 | arrest, conviction or other disposition for a violent | ||||||
15 | crime as defined in subsection (c) of Section 3 of the | ||||||
16 | Rights of Crime Victims and Witnesses Act. | ||||||
17 | (H) "Municipal ordinance violation" means an | ||||||
18 | offense defined by a municipal or local ordinance that | ||||||
19 | is criminal in nature and with which the petitioner | ||||||
20 | was charged or for which the petitioner was arrested | ||||||
21 | and released without charging. | ||||||
22 | (I) "Petitioner" means an adult or a minor | ||||||
23 | prosecuted as an adult who has applied for relief | ||||||
24 | under this Section. | ||||||
25 | (J) "Qualified probation" means an order of | ||||||
26 | probation under Section 10 of the Cannabis Control |
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1 | Act, Section 410 of the Illinois Controlled Substances | ||||||
2 | Act, Section 70 of the Methamphetamine Control and | ||||||
3 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
4 | of the Unified Code of Corrections, Section | ||||||
5 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
6 | those provisions existed before their deletion by | ||||||
7 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
8 | Alcoholism and Other Drug Dependency Act, Section | ||||||
9 | 40-10 of the Substance Use Disorder Act, or Section 10 | ||||||
10 | of the Steroid Control Act. For the purpose of this | ||||||
11 | Section, "successful completion" of an order of | ||||||
12 | qualified probation under Section 10-102 of the | ||||||
13 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
14 | Section 40-10 of the Substance Use Disorder Act means | ||||||
15 | that the probation was terminated satisfactorily and | ||||||
16 | the judgment of conviction was vacated. | ||||||
17 | (K) "Seal" means to physically and electronically | ||||||
18 | maintain the records, unless the records would | ||||||
19 | otherwise be destroyed due to age, but to make the | ||||||
20 | records unavailable without a court order, subject to | ||||||
21 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
22 | petitioner's name shall also be obliterated from the | ||||||
23 | official index required to be kept by the circuit | ||||||
24 | court clerk under Section 16 of the Clerks of Courts | ||||||
25 | Act, but any index issued by the circuit court clerk | ||||||
26 | before the entry of the order to seal shall not be |
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1 | affected. | ||||||
2 | (L) "Sexual offense committed against a minor" | ||||||
3 | includes, but is not limited to, the offenses of | ||||||
4 | indecent solicitation of a child or criminal sexual | ||||||
5 | abuse when the victim of such offense is under 18 years | ||||||
6 | of age. | ||||||
7 | (M) "Terminate" as it relates to a sentence or | ||||||
8 | order of supervision or qualified probation includes | ||||||
9 | either satisfactory or unsatisfactory termination of | ||||||
10 | the sentence, unless otherwise specified in this | ||||||
11 | Section. A sentence is terminated notwithstanding any | ||||||
12 | outstanding financial legal obligation. | ||||||
13 | (2) Minor Traffic Offenses. Orders of supervision or | ||||||
14 | convictions for minor traffic offenses shall not affect a | ||||||
15 | petitioner's eligibility to expunge or seal records | ||||||
16 | pursuant to this Section. | ||||||
17 | (2.5) Commencing 180 days after July 29, 2016 (the | ||||||
18 | effective date of Public Act 99-697), the law enforcement | ||||||
19 | agency issuing the citation shall automatically expunge, | ||||||
20 | on or before January 1 and July 1 of each year, the law | ||||||
21 | enforcement records of a person found to have committed a | ||||||
22 | civil law violation of subsection (a) of Section 4 of the | ||||||
23 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
24 | the Drug Paraphernalia Control Act in the law enforcement | ||||||
25 | agency's possession or control and which contains the | ||||||
26 | final satisfactory disposition which pertain to the person |
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1 | issued a citation for that offense. The law enforcement | ||||||
2 | agency shall provide by rule the process for access, | ||||||
3 | review, and to confirm the automatic expungement by the | ||||||
4 | law enforcement agency issuing the citation. Commencing | ||||||
5 | 180 days after July 29, 2016 (the effective date of Public | ||||||
6 | Act 99-697), the clerk of the circuit court shall expunge, | ||||||
7 | upon order of the court, or in the absence of a court order | ||||||
8 | on or before January 1 and July 1 of each year, the court | ||||||
9 | records of a person found in the circuit court to have | ||||||
10 | committed a civil law violation of subsection (a) of | ||||||
11 | Section 4 of the Cannabis Control Act or subsection (c) of | ||||||
12 | Section 3.5 of the Drug Paraphernalia Control Act in the | ||||||
13 | clerk's possession or control and which contains the final | ||||||
14 | satisfactory disposition which pertain to the person | ||||||
15 | issued a citation for any of those offenses. | ||||||
16 | (3) Exclusions. Except as otherwise provided in | ||||||
17 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
18 | of this Section, the court shall not order: | ||||||
19 | (A) the sealing or expungement of the records of | ||||||
20 | arrests or charges not initiated by arrest that result | ||||||
21 | in an order of supervision for or conviction of: (i) | ||||||
22 | any sexual offense committed against a minor; (ii) | ||||||
23 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
24 | similar provision of a local ordinance; or (iii) | ||||||
25 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
26 | similar provision of a local ordinance, unless the |
| |||||||
| |||||||
1 | arrest or charge is for a misdemeanor violation of | ||||||
2 | subsection (a) of Section 11-503 or a similar | ||||||
3 | provision of a local ordinance, that occurred prior to | ||||||
4 | the offender reaching the age of 25 years and the | ||||||
5 | offender has no other conviction for violating Section | ||||||
6 | 11-501 or 11-503 of the Illinois Vehicle Code or a | ||||||
7 | similar provision of a local ordinance. | ||||||
8 | (B) the sealing or expungement of records of minor | ||||||
9 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
10 | unless the petitioner was arrested and released | ||||||
11 | without charging. | ||||||
12 | (C) the sealing of the records of arrests or | ||||||
13 | charges not initiated by arrest which result in an | ||||||
14 | order of supervision or a conviction for the following | ||||||
15 | offenses: | ||||||
16 | (i) offenses included in Article 11 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
18 | or a similar provision of a local ordinance, | ||||||
19 | except Section 11-14 and a misdemeanor violation | ||||||
20 | of Section 11-30 of the Criminal Code of 1961 or | ||||||
21 | the Criminal Code of 2012, or a similar provision | ||||||
22 | of a local ordinance; | ||||||
23 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
24 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012, or a similar provision of a | ||||||
26 | local ordinance; |
| |||||||
| |||||||
1 | (iii) Section 12-3.1 or 12-3.2 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012, or | ||||||
3 | Section 125 of the Stalking No Contact Order Act, | ||||||
4 | or Section 219 of the Civil No Contact Order Act, | ||||||
5 | or a similar provision of a local ordinance; | ||||||
6 | (iv) Class A misdemeanors or felony offenses | ||||||
7 | under the Humane Care for Animals Act; or | ||||||
8 | (v) any offense or attempted offense that | ||||||
9 | would subject a person to registration under the | ||||||
10 | Sex Offender Registration Act. | ||||||
11 | (D) (blank). | ||||||
12 | (b) Expungement. | ||||||
13 | (1) A petitioner may petition the circuit court to | ||||||
14 | expunge the records of his or her arrests and charges not | ||||||
15 | initiated by arrest when each arrest or charge not | ||||||
16 | initiated by arrest sought to be expunged resulted in: (i) | ||||||
17 | acquittal, dismissal, or the petitioner's release without | ||||||
18 | charging, unless excluded by subsection (a)(3)(B); (ii) a | ||||||
19 | conviction which was vacated or reversed, unless excluded | ||||||
20 | by subsection (a)(3)(B); (iii) an order of supervision and | ||||||
21 | such supervision was successfully completed by the | ||||||
22 | petitioner, unless excluded by subsection (a)(3)(A) or | ||||||
23 | (a)(3)(B); or (iv) an order of qualified probation (as | ||||||
24 | defined in subsection (a)(1)(J)) and such probation was | ||||||
25 | successfully completed by the petitioner. | ||||||
26 | (1.5) When a petitioner seeks to have a record of |
| |||||||
| |||||||
1 | arrest expunged under this Section, and the offender has | ||||||
2 | been convicted of a criminal offense, the State's Attorney | ||||||
3 | may object to the expungement on the grounds that the | ||||||
4 | records contain specific relevant information aside from | ||||||
5 | the mere fact of the arrest. | ||||||
6 | (2) Time frame for filing a petition to expunge. | ||||||
7 | (A) When the arrest or charge not initiated by | ||||||
8 | arrest sought to be expunged resulted in an acquittal, | ||||||
9 | dismissal, the petitioner's release without charging, | ||||||
10 | or the reversal or vacation of a conviction, there is | ||||||
11 | no waiting period to petition for the expungement of | ||||||
12 | such records. | ||||||
13 | (B) When the arrest or charge not initiated by | ||||||
14 | arrest sought to be expunged resulted in an order of | ||||||
15 | supervision, successfully completed by the petitioner, | ||||||
16 | the following time frames will apply: | ||||||
17 | (i) Those arrests or charges that resulted in | ||||||
18 | orders of supervision under Section 3-707, 3-708, | ||||||
19 | 3-710, or 5-401.3 of the Illinois Vehicle Code or | ||||||
20 | a similar provision of a local ordinance, or under | ||||||
21 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
23 | similar provision of a local ordinance, shall not | ||||||
24 | be eligible for expungement until 5 years have | ||||||
25 | passed following the satisfactory termination of | ||||||
26 | the supervision. |
| |||||||
| |||||||
1 | (i-5) Those arrests or charges that resulted | ||||||
2 | in orders of supervision for a misdemeanor | ||||||
3 | violation of subsection (a) of Section 11-503 of | ||||||
4 | the Illinois Vehicle Code or a similar provision | ||||||
5 | of a local ordinance, that occurred prior to the | ||||||
6 | offender reaching the age of 25 years and the | ||||||
7 | offender has no other conviction for violating | ||||||
8 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
9 | Code or a similar provision of a local ordinance | ||||||
10 | shall not be eligible for expungement until the | ||||||
11 | petitioner has reached the age of 25 years. | ||||||
12 | (ii) Those arrests or charges that resulted in | ||||||
13 | orders of supervision for any other offenses shall | ||||||
14 | not be eligible for expungement until 2 years have | ||||||
15 | passed following the satisfactory termination of | ||||||
16 | the supervision. | ||||||
17 | (C) When the arrest or charge not initiated by | ||||||
18 | arrest sought to be expunged resulted in an order of | ||||||
19 | qualified probation, successfully completed by the | ||||||
20 | petitioner, such records shall not be eligible for | ||||||
21 | expungement until 5 years have passed following the | ||||||
22 | satisfactory termination of the probation. | ||||||
23 | (3) Those records maintained by the Illinois State | ||||||
24 | Police for persons arrested prior to their 17th birthday | ||||||
25 | shall be expunged as provided in Section 5-915 of the | ||||||
26 | Juvenile Court Act of 1987. |
| |||||||
| |||||||
1 | (4) Whenever a person has been arrested for or | ||||||
2 | convicted of any offense, in the name of a person whose | ||||||
3 | identity he or she has stolen or otherwise come into | ||||||
4 | possession of, the aggrieved person from whom the identity | ||||||
5 | was stolen or otherwise obtained without authorization, | ||||||
6 | upon learning of the person having been arrested using his | ||||||
7 | or her identity, may, upon verified petition to the chief | ||||||
8 | judge of the circuit wherein the arrest was made, have a | ||||||
9 | court order entered nunc pro tunc by the Chief Judge to | ||||||
10 | correct the arrest record, conviction record, if any, and | ||||||
11 | all official records of the arresting authority, the | ||||||
12 | Illinois State Police, other criminal justice agencies, | ||||||
13 | the prosecutor, and the trial court concerning such | ||||||
14 | arrest, if any, by removing his or her name from all such | ||||||
15 | records in connection with the arrest and conviction, if | ||||||
16 | any, and by inserting in the records the name of the | ||||||
17 | offender, if known or ascertainable, in lieu of the | ||||||
18 | aggrieved's name. The records of the circuit court clerk | ||||||
19 | shall be sealed until further order of the court upon good | ||||||
20 | cause shown and the name of the aggrieved person | ||||||
21 | obliterated on the official index required to be kept by | ||||||
22 | the circuit court clerk under Section 16 of the Clerks of | ||||||
23 | Courts Act, but the order shall not affect any index | ||||||
24 | issued by the circuit court clerk before the entry of the | ||||||
25 | order. Nothing in this Section shall limit the Illinois | ||||||
26 | State Police or other criminal justice agencies or |
| |||||||
| |||||||
1 | prosecutors from listing under an offender's name the | ||||||
2 | false names he or she has used. | ||||||
3 | (5) Whenever a person has been convicted of criminal | ||||||
4 | sexual assault, aggravated criminal sexual assault, | ||||||
5 | predatory criminal sexual assault of a child, criminal | ||||||
6 | sexual abuse, or aggravated criminal sexual abuse, the | ||||||
7 | victim of that offense may request that the State's | ||||||
8 | Attorney of the county in which the conviction occurred | ||||||
9 | file a verified petition with the presiding trial judge at | ||||||
10 | the petitioner's trial to have a court order entered to | ||||||
11 | seal the records of the circuit court clerk in connection | ||||||
12 | with the proceedings of the trial court concerning that | ||||||
13 | offense. However, the records of the arresting authority | ||||||
14 | and the Illinois State Police concerning the offense shall | ||||||
15 | not be sealed. The court, upon good cause shown, shall | ||||||
16 | make the records of the circuit court clerk in connection | ||||||
17 | with the proceedings of the trial court concerning the | ||||||
18 | offense available for public inspection. | ||||||
19 | (6) If a conviction has been set aside on direct | ||||||
20 | review or on collateral attack and the court determines by | ||||||
21 | clear and convincing evidence that the petitioner was | ||||||
22 | factually innocent of the charge, the court that finds the | ||||||
23 | petitioner factually innocent of the charge shall enter an | ||||||
24 | expungement order for the conviction for which the | ||||||
25 | petitioner has been determined to be innocent as provided | ||||||
26 | in subsection (b) of Section 5-5-4 of the Unified Code of |
| |||||||
| |||||||
1 | Corrections. | ||||||
2 | (7) Nothing in this Section shall prevent the Illinois | ||||||
3 | State Police from maintaining all records of any person | ||||||
4 | who is admitted to probation upon terms and conditions and | ||||||
5 | who fulfills those terms and conditions pursuant to | ||||||
6 | Section 10 of the Cannabis Control Act, Section 410 of the | ||||||
7 | Illinois Controlled Substances Act, Section 70 of the | ||||||
8 | Methamphetamine Control and Community Protection Act, | ||||||
9 | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
10 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
11 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012, Section 10-102 of the Illinois | ||||||
13 | Alcoholism and Other Drug Dependency Act, Section 40-10 of | ||||||
14 | the Substance Use Disorder Act, or Section 10 of the | ||||||
15 | Steroid Control Act. | ||||||
16 | (8) If the petitioner has been granted a certificate | ||||||
17 | of innocence under Section 2-702 of the Code of Civil | ||||||
18 | Procedure, the court that grants the certificate of | ||||||
19 | innocence shall also enter an order expunging the | ||||||
20 | conviction for which the petitioner has been determined to | ||||||
21 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
22 | of the Code of Civil Procedure. | ||||||
23 | (c) Sealing. | ||||||
24 | (1) Applicability. Notwithstanding any other provision | ||||||
25 | of this Act to the contrary, and cumulative with any | ||||||
26 | rights to expungement of criminal records, this subsection |
| |||||||
| |||||||
1 | authorizes the sealing of criminal records of adults and | ||||||
2 | of minors prosecuted as adults. Subsection (g) of this | ||||||
3 | Section provides for immediate sealing of certain records. | ||||||
4 | (2) Eligible Records. The following records may be | ||||||
5 | sealed: | ||||||
6 | (A) All arrests resulting in release without | ||||||
7 | charging; | ||||||
8 | (B) Arrests or charges not initiated by arrest | ||||||
9 | resulting in acquittal, dismissal, or conviction when | ||||||
10 | the conviction was reversed or vacated, except as | ||||||
11 | excluded by subsection (a)(3)(B); | ||||||
12 | (C) Arrests or charges not initiated by arrest | ||||||
13 | resulting in orders of supervision, including orders | ||||||
14 | of supervision for municipal ordinance violations, | ||||||
15 | successfully completed by the petitioner, unless | ||||||
16 | excluded by subsection (a)(3); | ||||||
17 | (D) Arrests or charges not initiated by arrest | ||||||
18 | resulting in convictions, including convictions on | ||||||
19 | municipal ordinance violations, unless excluded by | ||||||
20 | subsection (a)(3); | ||||||
21 | (E) Arrests or charges not initiated by arrest | ||||||
22 | resulting in orders of first offender probation under | ||||||
23 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
24 | the Illinois Controlled Substances Act, Section 70 of | ||||||
25 | the Methamphetamine Control and Community Protection | ||||||
26 | Act, or Section 5-6-3.3 of the Unified Code of |
| |||||||
| |||||||
1 | Corrections; and | ||||||
2 | (F) Arrests or charges not initiated by arrest | ||||||
3 | resulting in felony convictions unless otherwise | ||||||
4 | excluded by subsection (a) paragraph (3) of this | ||||||
5 | Section. | ||||||
6 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
7 | identified as eligible under subsection (c)(2) may be | ||||||
8 | sealed as follows: | ||||||
9 | (A) Records identified as eligible under | ||||||
10 | subsections (c)(2)(A) and (c)(2)(B) may be sealed at | ||||||
11 | any time. | ||||||
12 | (B) Except as otherwise provided in subparagraph | ||||||
13 | (E) of this paragraph (3), records identified as | ||||||
14 | eligible under subsection (c)(2)(C) may be sealed 2 | ||||||
15 | years after the termination of petitioner's last | ||||||
16 | sentence (as defined in subsection (a)(1)(F)). | ||||||
17 | (C) Except as otherwise provided in subparagraph | ||||||
18 | (E) of this paragraph (3), records identified as | ||||||
19 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
20 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
21 | of the petitioner's last sentence (as defined in | ||||||
22 | subsection (a)(1)(F)). Convictions requiring public | ||||||
23 | registration under the Arsonist Registration Act, the | ||||||
24 | Sex Offender Registration Act , or the Murderer and | ||||||
25 | Violent Offender Against Youth Registration Act may | ||||||
26 | not be sealed until the petitioner is no longer |
| |||||||
| |||||||
1 | required to register under that relevant Act. | ||||||
2 | (D) Records identified in subsection | ||||||
3 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
4 | reached the age of 25 years. | ||||||
5 | (E) Records identified as eligible under | ||||||
6 | subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||||||
7 | (c)(2)(F) may be sealed upon termination of the | ||||||
8 | petitioner's last sentence if the petitioner earned a | ||||||
9 | high school diploma, associate's degree, career | ||||||
10 | certificate, vocational technical certification, or | ||||||
11 | bachelor's degree, or passed the high school level | ||||||
12 | Test of General Educational Development, during the | ||||||
13 | period of his or her sentence or mandatory supervised | ||||||
14 | release. This subparagraph shall apply only to a | ||||||
15 | petitioner who has not completed the same educational | ||||||
16 | goal prior to the period of his or her sentence or | ||||||
17 | mandatory supervised release. If a petition for | ||||||
18 | sealing eligible records filed under this subparagraph | ||||||
19 | is denied by the court, the time periods under | ||||||
20 | subparagraph (B) or (C) shall apply to any subsequent | ||||||
21 | petition for sealing filed by the petitioner. | ||||||
22 | (4) Subsequent felony convictions. A person may not | ||||||
23 | have subsequent felony conviction records sealed as | ||||||
24 | provided in this subsection (c) if he or she is convicted | ||||||
25 | of any felony offense after the date of the sealing of | ||||||
26 | prior felony convictions as provided in this subsection |
| |||||||
| |||||||
1 | (c). The court may, upon conviction for a subsequent | ||||||
2 | felony offense, order the unsealing of prior felony | ||||||
3 | conviction records previously ordered sealed by the court. | ||||||
4 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
5 | disposition for an eligible record under this subsection | ||||||
6 | (c), the petitioner shall be informed by the court of the | ||||||
7 | right to have the records sealed and the procedures for | ||||||
8 | the sealing of the records. | ||||||
9 | (d) Procedure. The following procedures apply to | ||||||
10 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
11 | under subsections (c) and (e-5): | ||||||
12 | (1) Filing the petition. Upon becoming eligible to | ||||||
13 | petition for the expungement or sealing of records under | ||||||
14 | this Section, the petitioner shall file a petition | ||||||
15 | requesting the expungement or sealing of records with the | ||||||
16 | clerk of the court where the arrests occurred or the | ||||||
17 | charges were brought, or both. If arrests occurred or | ||||||
18 | charges were brought in multiple jurisdictions, a petition | ||||||
19 | must be filed in each such jurisdiction. The petitioner | ||||||
20 | shall pay the applicable fee, except no fee shall be | ||||||
21 | required if the petitioner has obtained a court order | ||||||
22 | waiving fees under Supreme Court Rule 298 or it is | ||||||
23 | otherwise waived. | ||||||
24 | (1.5) County fee waiver pilot program. From August 9, | ||||||
25 | 2019 (the effective date of Public Act 101-306) through | ||||||
26 | December 31, 2020, in a county of 3,000,000 or more |
| |||||||
| |||||||
1 | inhabitants, no fee shall be required to be paid by a | ||||||
2 | petitioner if the records sought to be expunged or sealed | ||||||
3 | were arrests resulting in release without charging or | ||||||
4 | arrests or charges not initiated by arrest resulting in | ||||||
5 | acquittal, dismissal, or conviction when the conviction | ||||||
6 | was reversed or vacated, unless excluded by subsection | ||||||
7 | (a)(3)(B). The provisions of this paragraph (1.5), other | ||||||
8 | than this sentence, are inoperative on and after January | ||||||
9 | 1, 2022. | ||||||
10 | (2) Contents of petition. The petition shall be | ||||||
11 | verified and shall contain the petitioner's name, date of | ||||||
12 | birth, current address and, for each arrest or charge not | ||||||
13 | initiated by arrest sought to be sealed or expunged, the | ||||||
14 | case number, the date of arrest (if any), the identity of | ||||||
15 | the arresting authority, and such other information as the | ||||||
16 | court may require. During the pendency of the proceeding, | ||||||
17 | the petitioner shall promptly notify the circuit court | ||||||
18 | clerk of any change of his or her address. If the | ||||||
19 | petitioner has received a certificate of eligibility for | ||||||
20 | sealing from the Prisoner Review Board under paragraph | ||||||
21 | (10) of subsection (a) of Section 3-3-2 of the Unified | ||||||
22 | Code of Corrections, the certificate shall be attached to | ||||||
23 | the petition. | ||||||
24 | (3) Drug test. The petitioner must attach to the | ||||||
25 | petition proof that the petitioner has taken within 30 | ||||||
26 | days before the filing of the petition a test showing the |
| |||||||
| |||||||
1 | absence within his or her body of all illegal substances | ||||||
2 | as defined by the Illinois Controlled Substances Act and | ||||||
3 | the Methamphetamine Control and Community Protection Act | ||||||
4 | if he or she is petitioning to: | ||||||
5 | (A) seal felony records under clause (c)(2)(E); | ||||||
6 | (B) seal felony records for a violation of the | ||||||
7 | Illinois Controlled Substances Act, the | ||||||
8 | Methamphetamine Control and Community Protection Act, | ||||||
9 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
10 | (C) seal felony records under subsection (e-5); or | ||||||
11 | (D) expunge felony records of a qualified | ||||||
12 | probation under clause (b)(1)(iv). | ||||||
13 | (4) Service of petition. The circuit court clerk shall | ||||||
14 | promptly serve a copy of the petition and documentation to | ||||||
15 | support the petition under subsection (e-5) or (e-6) on | ||||||
16 | the State's Attorney or prosecutor charged with the duty | ||||||
17 | of prosecuting the offense, the Illinois State Police, the | ||||||
18 | arresting agency and the chief legal officer of the unit | ||||||
19 | of local government effecting the arrest. | ||||||
20 | (5) Objections. | ||||||
21 | (A) Any party entitled to notice of the petition | ||||||
22 | may file an objection to the petition. All objections | ||||||
23 | shall be in writing, shall be filed with the circuit | ||||||
24 | court clerk, and shall state with specificity the | ||||||
25 | basis of the objection. Whenever a person who has been | ||||||
26 | convicted of an offense is granted a pardon by the |
| |||||||
| |||||||
1 | Governor which specifically authorizes expungement, an | ||||||
2 | objection to the petition may not be filed. | ||||||
3 | (B) Objections to a petition to expunge or seal | ||||||
4 | must be filed within 60 days of the date of service of | ||||||
5 | the petition. | ||||||
6 | (6) Entry of order. | ||||||
7 | (A) The Chief Judge of the circuit wherein the | ||||||
8 | charge was brought, any judge of that circuit | ||||||
9 | designated by the Chief Judge, or in counties of less | ||||||
10 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
11 | at the petitioner's trial, if any, shall rule on the | ||||||
12 | petition to expunge or seal as set forth in this | ||||||
13 | subsection (d)(6). | ||||||
14 | (B) Unless the State's Attorney or prosecutor, the | ||||||
15 | Illinois State Police, the arresting agency, or the | ||||||
16 | chief legal officer files an objection to the petition | ||||||
17 | to expunge or seal within 60 days from the date of | ||||||
18 | service of the petition, the court shall enter an | ||||||
19 | order granting or denying the petition. | ||||||
20 | (C) Notwithstanding any other provision of law, | ||||||
21 | the court shall not deny a petition for sealing under | ||||||
22 | this Section because the petitioner has not satisfied | ||||||
23 | an outstanding legal financial obligation established, | ||||||
24 | imposed, or originated by a court, law enforcement | ||||||
25 | agency, or a municipal, State, county, or other unit | ||||||
26 | of local government, including, but not limited to, |
| |||||||
| |||||||
1 | any cost, assessment, fine, or fee. An outstanding | ||||||
2 | legal financial obligation does not include any court | ||||||
3 | ordered restitution to a victim under Section 5-5-6 of | ||||||
4 | the Unified Code of Corrections, unless the | ||||||
5 | restitution has been converted to a civil judgment. | ||||||
6 | Nothing in this subparagraph (C) waives, rescinds, or | ||||||
7 | abrogates a legal financial obligation or otherwise | ||||||
8 | eliminates or affects the right of the holder of any | ||||||
9 | financial obligation to pursue collection under | ||||||
10 | applicable federal, State, or local law. | ||||||
11 | (D) Notwithstanding any other provision of law, | ||||||
12 | the court shall not deny a petition to expunge or seal | ||||||
13 | under this Section because the petitioner has | ||||||
14 | submitted a drug test taken within 30 days before the | ||||||
15 | filing of the petition to expunge or seal that | ||||||
16 | indicates a positive test for the presence of cannabis | ||||||
17 | within the petitioner's body. In this subparagraph | ||||||
18 | (D), "cannabis" has the meaning ascribed to it in | ||||||
19 | Section 3 of the Cannabis Control Act. | ||||||
20 | (7) Hearings. If an objection is filed, the court | ||||||
21 | shall set a date for a hearing and notify the petitioner | ||||||
22 | and all parties entitled to notice of the petition of the | ||||||
23 | hearing date at least 30 days prior to the hearing. Prior | ||||||
24 | to the hearing, the State's Attorney shall consult with | ||||||
25 | the Illinois State Police as to the appropriateness of the | ||||||
26 | relief sought in the petition to expunge or seal. At the |
| |||||||
| |||||||
1 | hearing, the court shall hear evidence on whether the | ||||||
2 | petition should or should not be granted, and shall grant | ||||||
3 | or deny the petition to expunge or seal the records based | ||||||
4 | on the evidence presented at the hearing. The court may | ||||||
5 | consider the following: | ||||||
6 | (A) the strength of the evidence supporting the | ||||||
7 | defendant's conviction; | ||||||
8 | (B) the reasons for retention of the conviction | ||||||
9 | records by the State; | ||||||
10 | (C) the petitioner's age, criminal record history, | ||||||
11 | and employment history; | ||||||
12 | (D) the period of time between the petitioner's | ||||||
13 | arrest on the charge resulting in the conviction and | ||||||
14 | the filing of the petition under this Section; and | ||||||
15 | (E) the specific adverse consequences the | ||||||
16 | petitioner may be subject to if the petition is | ||||||
17 | denied. | ||||||
18 | (8) Service of order. After entering an order to | ||||||
19 | expunge or seal records, the court must provide copies of | ||||||
20 | the order to the Illinois State Police, in a form and | ||||||
21 | manner prescribed by the Illinois State Police, to the | ||||||
22 | petitioner, to the State's Attorney or prosecutor charged | ||||||
23 | with the duty of prosecuting the offense, to the arresting | ||||||
24 | agency, to the chief legal officer of the unit of local | ||||||
25 | government effecting the arrest, and to such other | ||||||
26 | criminal justice agencies as may be ordered by the court. |
| |||||||
| |||||||
1 | (9) Implementation of order. | ||||||
2 | (A) Upon entry of an order to expunge records | ||||||
3 | pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or | ||||||
4 | both: | ||||||
5 | (i) the records shall be expunged (as defined | ||||||
6 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
7 | the Illinois State Police, and any other agency as | ||||||
8 | ordered by the court, within 60 days of the date of | ||||||
9 | service of the order, unless a motion to vacate, | ||||||
10 | modify, or reconsider the order is filed pursuant | ||||||
11 | to paragraph (12) of subsection (d) of this | ||||||
12 | Section; | ||||||
13 | (ii) the records of the circuit court clerk | ||||||
14 | shall be impounded until further order of the | ||||||
15 | court upon good cause shown and the name of the | ||||||
16 | petitioner obliterated on the official index | ||||||
17 | required to be kept by the circuit court clerk | ||||||
18 | under Section 16 of the Clerks of Courts Act, but | ||||||
19 | the order shall not affect any index issued by the | ||||||
20 | circuit court clerk before the entry of the order; | ||||||
21 | and | ||||||
22 | (iii) in response to an inquiry for expunged | ||||||
23 | records, the court, the Illinois State Police, or | ||||||
24 | the agency receiving such inquiry, shall reply as | ||||||
25 | it does in response to inquiries when no records | ||||||
26 | ever existed. |
| |||||||
| |||||||
1 | (B) Upon entry of an order to expunge records | ||||||
2 | pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or | ||||||
3 | both: | ||||||
4 | (i) the records shall be expunged (as defined | ||||||
5 | in subsection (a)(1)(E)) by the arresting agency | ||||||
6 | and any other agency as ordered by the court, | ||||||
7 | within 60 days of the date of service of the order, | ||||||
8 | unless a motion to vacate, modify, or reconsider | ||||||
9 | the order is filed pursuant to paragraph (12) of | ||||||
10 | subsection (d) of this Section; | ||||||
11 | (ii) the records of the circuit court clerk | ||||||
12 | shall be impounded until further order of the | ||||||
13 | court upon good cause shown and the name of the | ||||||
14 | petitioner obliterated on the official index | ||||||
15 | required to be kept by the circuit court clerk | ||||||
16 | under Section 16 of the Clerks of Courts Act, but | ||||||
17 | the order shall not affect any index issued by the | ||||||
18 | circuit court clerk before the entry of the order; | ||||||
19 | (iii) the records shall be impounded by the | ||||||
20 | Illinois State Police within 60 days of the date | ||||||
21 | of service of the order as ordered by the court, | ||||||
22 | unless a motion to vacate, modify, or reconsider | ||||||
23 | the order is filed pursuant to paragraph (12) of | ||||||
24 | subsection (d) of this Section; | ||||||
25 | (iv) records impounded by the Illinois State | ||||||
26 | Police may be disseminated by the Illinois State |
| |||||||
| |||||||
1 | Police only as required by law or to the arresting | ||||||
2 | authority, the State's Attorney, and the court | ||||||
3 | upon a later arrest for the same or a similar | ||||||
4 | offense or for the purpose of sentencing for any | ||||||
5 | subsequent felony, and to the Department of | ||||||
6 | Corrections upon conviction for any offense; and | ||||||
7 | (v) in response to an inquiry for such records | ||||||
8 | from anyone not authorized by law to access such | ||||||
9 | records, the court, the Illinois State Police, or | ||||||
10 | the agency receiving such inquiry shall reply as | ||||||
11 | it does in response to inquiries when no records | ||||||
12 | ever existed. | ||||||
13 | (B-5) Upon entry of an order to expunge records | ||||||
14 | under subsection (e-6): | ||||||
15 | (i) the records shall be expunged (as defined | ||||||
16 | in subsection (a)(1)(E)) by the arresting agency | ||||||
17 | and any other agency as ordered by the court, | ||||||
18 | within 60 days of the date of service of the order, | ||||||
19 | unless a motion to vacate, modify, or reconsider | ||||||
20 | the order is filed under paragraph (12) of | ||||||
21 | subsection (d) of this Section; | ||||||
22 | (ii) the records of the circuit court clerk | ||||||
23 | shall be impounded until further order of the | ||||||
24 | court upon good cause shown and the name of the | ||||||
25 | petitioner obliterated on the official index | ||||||
26 | required to be kept by the circuit court clerk |
| |||||||
| |||||||
1 | under Section 16 of the Clerks of Courts Act, but | ||||||
2 | the order shall not affect any index issued by the | ||||||
3 | circuit court clerk before the entry of the order; | ||||||
4 | (iii) the records shall be impounded by the | ||||||
5 | Illinois State Police within 60 days of the date | ||||||
6 | of service of the order as ordered by the court, | ||||||
7 | unless a motion to vacate, modify, or reconsider | ||||||
8 | the order is filed under paragraph (12) of | ||||||
9 | subsection (d) of this Section; | ||||||
10 | (iv) records impounded by the Illinois State | ||||||
11 | Police may be disseminated by the Illinois State | ||||||
12 | Police only as required by law or to the arresting | ||||||
13 | authority, the State's Attorney, and the court | ||||||
14 | upon a later arrest for the same or a similar | ||||||
15 | offense or for the purpose of sentencing for any | ||||||
16 | subsequent felony, and to the Department of | ||||||
17 | Corrections upon conviction for any offense; and | ||||||
18 | (v) in response to an inquiry for these | ||||||
19 | records from anyone not authorized by law to | ||||||
20 | access the records, the court, the Illinois State | ||||||
21 | Police, or the agency receiving the inquiry shall | ||||||
22 | reply as it does in response to inquiries when no | ||||||
23 | records ever existed. | ||||||
24 | (C) Upon entry of an order to seal records under | ||||||
25 | subsection (c), the arresting agency, any other agency | ||||||
26 | as ordered by the court, the Illinois State Police, |
| |||||||
| |||||||
1 | and the court shall seal the records (as defined in | ||||||
2 | subsection (a)(1)(K)). In response to an inquiry for | ||||||
3 | such records, from anyone not authorized by law to | ||||||
4 | access such records, the court, the Illinois State | ||||||
5 | Police, or the agency receiving such inquiry shall | ||||||
6 | reply as it does in response to inquiries when no | ||||||
7 | records ever existed. | ||||||
8 | (D) The Illinois State Police shall send written | ||||||
9 | notice to the petitioner of its compliance with each | ||||||
10 | order to expunge or seal records within 60 days of the | ||||||
11 | date of service of that order or, if a motion to | ||||||
12 | vacate, modify, or reconsider is filed, within 60 days | ||||||
13 | of service of the order resolving the motion, if that | ||||||
14 | order requires the Illinois State Police to expunge or | ||||||
15 | seal records. In the event of an appeal from the | ||||||
16 | circuit court order, the Illinois State Police shall | ||||||
17 | send written notice to the petitioner of its | ||||||
18 | compliance with an Appellate Court or Supreme Court | ||||||
19 | judgment to expunge or seal records within 60 days of | ||||||
20 | the issuance of the court's mandate. The notice is not | ||||||
21 | required while any motion to vacate, modify, or | ||||||
22 | reconsider, or any appeal or petition for | ||||||
23 | discretionary appellate review, is pending. | ||||||
24 | (E) Upon motion, the court may order that a sealed | ||||||
25 | judgment or other court record necessary to | ||||||
26 | demonstrate the amount of any legal financial |
| |||||||
| |||||||
1 | obligation due and owing be made available for the | ||||||
2 | limited purpose of collecting any legal financial | ||||||
3 | obligations owed by the petitioner that were | ||||||
4 | established, imposed, or originated in the criminal | ||||||
5 | proceeding for which those records have been sealed. | ||||||
6 | The records made available under this subparagraph (E) | ||||||
7 | shall not be entered into the official index required | ||||||
8 | to be kept by the circuit court clerk under Section 16 | ||||||
9 | of the Clerks of Courts Act and shall be immediately | ||||||
10 | re-impounded upon the collection of the outstanding | ||||||
11 | financial obligations. | ||||||
12 | (F) Notwithstanding any other provision of this | ||||||
13 | Section, a circuit court clerk may access a sealed | ||||||
14 | record for the limited purpose of collecting payment | ||||||
15 | for any legal financial obligations that were | ||||||
16 | established, imposed, or originated in the criminal | ||||||
17 | proceedings for which those records have been sealed. | ||||||
18 | (10) Fees. The Illinois State Police may charge the | ||||||
19 | petitioner a fee equivalent to the cost of processing any | ||||||
20 | order to expunge or seal records. Notwithstanding any | ||||||
21 | provision of the Clerks of Courts Act to the contrary, the | ||||||
22 | circuit court clerk may charge a fee equivalent to the | ||||||
23 | cost associated with the sealing or expungement of records | ||||||
24 | by the circuit court clerk. From the total filing fee | ||||||
25 | collected for the petition to seal or expunge, the circuit | ||||||
26 | court clerk shall deposit $10 into the Circuit Court Clerk |
| |||||||
| |||||||
1 | Operation and Administrative Fund, to be used to offset | ||||||
2 | the costs incurred by the circuit court clerk in | ||||||
3 | performing the additional duties required to serve the | ||||||
4 | petition to seal or expunge on all parties. The circuit | ||||||
5 | court clerk shall collect and remit the Illinois State | ||||||
6 | Police portion of the fee to the State Treasurer and it | ||||||
7 | shall be deposited in the State Police Services Fund. If | ||||||
8 | the record brought under an expungement petition was | ||||||
9 | previously sealed under this Section, the fee for the | ||||||
10 | expungement petition for that same record shall be waived. | ||||||
11 | (11) Final Order. No court order issued under the | ||||||
12 | expungement or sealing provisions of this Section shall | ||||||
13 | become final for purposes of appeal until 30 days after | ||||||
14 | service of the order on the petitioner and all parties | ||||||
15 | entitled to notice of the petition. | ||||||
16 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
17 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
18 | petitioner or any party entitled to notice may file a | ||||||
19 | motion to vacate, modify, or reconsider the order granting | ||||||
20 | or denying the petition to expunge or seal within 60 days | ||||||
21 | of service of the order. If filed more than 60 days after | ||||||
22 | service of the order, a petition to vacate, modify, or | ||||||
23 | reconsider shall comply with subsection (c) of Section | ||||||
24 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
25 | motion to vacate, modify, or reconsider, notice of the | ||||||
26 | motion shall be served upon the petitioner and all parties |
| |||||||
| |||||||
1 | entitled to notice of the petition. | ||||||
2 | (13) Effect of Order. An order granting a petition | ||||||
3 | under the expungement or sealing provisions of this | ||||||
4 | Section shall not be considered void because it fails to | ||||||
5 | comply with the provisions of this Section or because of | ||||||
6 | any error asserted in a motion to vacate, modify, or | ||||||
7 | reconsider. The circuit court retains jurisdiction to | ||||||
8 | determine whether the order is voidable and to vacate, | ||||||
9 | modify, or reconsider its terms based on a motion filed | ||||||
10 | under paragraph (12) of this subsection (d). | ||||||
11 | (14) Compliance with Order Granting Petition to Seal | ||||||
12 | Records. Unless a court has entered a stay of an order | ||||||
13 | granting a petition to seal, all parties entitled to | ||||||
14 | notice of the petition must fully comply with the terms of | ||||||
15 | the order within 60 days of service of the order even if a | ||||||
16 | party is seeking relief from the order through a motion | ||||||
17 | filed under paragraph (12) of this subsection (d) or is | ||||||
18 | appealing the order. | ||||||
19 | (15) Compliance with Order Granting Petition to | ||||||
20 | Expunge Records. While a party is seeking relief from the | ||||||
21 | order granting the petition to expunge through a motion | ||||||
22 | filed under paragraph (12) of this subsection (d) or is | ||||||
23 | appealing the order, and unless a court has entered a stay | ||||||
24 | of that order, the parties entitled to notice of the | ||||||
25 | petition must seal, but need not expunge, the records | ||||||
26 | until there is a final order on the motion for relief or, |
| |||||||
| |||||||
1 | in the case of an appeal, the issuance of that court's | ||||||
2 | mandate. | ||||||
3 | (16) The changes to this subsection (d) made by Public | ||||||
4 | Act 98-163 apply to all petitions pending on August 5, | ||||||
5 | 2013 (the effective date of Public Act 98-163) and to all | ||||||
6 | orders ruling on a petition to expunge or seal on or after | ||||||
7 | August 5, 2013 (the effective date of Public Act 98-163). | ||||||
8 | (e) Whenever a person who has been convicted of an offense | ||||||
9 | is granted a pardon by the Governor which specifically | ||||||
10 | authorizes expungement, he or she may, upon verified petition | ||||||
11 | to the Chief Judge of the circuit where the person had been | ||||||
12 | convicted, any judge of the circuit designated by the Chief | ||||||
13 | Judge, or in counties of less than 3,000,000 inhabitants, the | ||||||
14 | presiding trial judge at the defendant's trial, have a court | ||||||
15 | order entered expunging the record of arrest from the official | ||||||
16 | records of the arresting authority and order that the records | ||||||
17 | of the circuit court clerk and the Illinois State Police be | ||||||
18 | sealed until further order of the court upon good cause shown | ||||||
19 | or as otherwise provided herein, and the name of the defendant | ||||||
20 | obliterated from the official index requested to be kept by | ||||||
21 | the circuit court clerk under Section 16 of the Clerks of | ||||||
22 | Courts Act in connection with the arrest and conviction for | ||||||
23 | the offense for which he or she had been pardoned but the order | ||||||
24 | shall not affect any index issued by the circuit court clerk | ||||||
25 | before the entry of the order. All records sealed by the | ||||||
26 | Illinois State Police may be disseminated by the Illinois |
| |||||||
| |||||||
1 | State Police only to the arresting authority, the State's | ||||||
2 | Attorney, and the court upon a later arrest for the same or | ||||||
3 | similar offense or for the purpose of sentencing for any | ||||||
4 | subsequent felony. Upon conviction for any subsequent offense, | ||||||
5 | the Department of Corrections shall have access to all sealed | ||||||
6 | records of the Illinois State Police pertaining to that | ||||||
7 | individual. Upon entry of the order of expungement, the | ||||||
8 | circuit court clerk shall promptly mail a copy of the order to | ||||||
9 | the person who was pardoned. | ||||||
10 | (e-5) Whenever a person who has been convicted of an | ||||||
11 | offense is granted a certificate of eligibility for sealing by | ||||||
12 | the Prisoner Review Board which specifically authorizes | ||||||
13 | sealing, he or she may, upon verified petition to the Chief | ||||||
14 | Judge of the circuit where the person had been convicted, any | ||||||
15 | judge of the circuit designated by the Chief Judge, or in | ||||||
16 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
17 | trial judge at the petitioner's trial, have a court order | ||||||
18 | entered sealing the record of arrest from the official records | ||||||
19 | of the arresting authority and order that the records of the | ||||||
20 | circuit court clerk and the Illinois State Police be sealed | ||||||
21 | until further order of the court upon good cause shown or as | ||||||
22 | otherwise provided herein, and the name of the petitioner | ||||||
23 | obliterated from the official index requested to be kept by | ||||||
24 | the circuit court clerk under Section 16 of the Clerks of | ||||||
25 | Courts Act in connection with the arrest and conviction for | ||||||
26 | the offense for which he or she had been granted the |
| |||||||
| |||||||
1 | certificate but the order shall not affect any index issued by | ||||||
2 | the circuit court clerk before the entry of the order. All | ||||||
3 | records sealed by the Illinois State Police may be | ||||||
4 | disseminated by the Illinois State Police only as required by | ||||||
5 | this Act or to the arresting authority, a law enforcement | ||||||
6 | agency, the State's Attorney, and the court upon a later | ||||||
7 | arrest for the same or similar offense or for the purpose of | ||||||
8 | sentencing for any subsequent felony. Upon conviction for any | ||||||
9 | subsequent offense, the Department of Corrections shall have | ||||||
10 | access to all sealed records of the Illinois State Police | ||||||
11 | pertaining to that individual. Upon entry of the order of | ||||||
12 | sealing, the circuit court clerk shall promptly mail a copy of | ||||||
13 | the order to the person who was granted the certificate of | ||||||
14 | eligibility for sealing. | ||||||
15 | (e-6) Whenever a person who has been convicted of an | ||||||
16 | offense is granted a certificate of eligibility for | ||||||
17 | expungement by the Prisoner Review Board which specifically | ||||||
18 | authorizes expungement, he or she may, upon verified petition | ||||||
19 | to the Chief Judge of the circuit where the person had been | ||||||
20 | convicted, any judge of the circuit designated by the Chief | ||||||
21 | Judge, or in counties of less than 3,000,000 inhabitants, the | ||||||
22 | presiding trial judge at the petitioner's trial, have a court | ||||||
23 | order entered expunging the record of arrest from the official | ||||||
24 | records of the arresting authority and order that the records | ||||||
25 | of the circuit court clerk and the Illinois State Police be | ||||||
26 | sealed until further order of the court upon good cause shown |
| |||||||
| |||||||
1 | or as otherwise provided herein, and the name of the | ||||||
2 | petitioner obliterated from the official index requested to be | ||||||
3 | kept by the circuit court clerk under Section 16 of the Clerks | ||||||
4 | of Courts Act in connection with the arrest and conviction for | ||||||
5 | the offense for which he or she had been granted the | ||||||
6 | certificate but the order shall not affect any index issued by | ||||||
7 | the circuit court clerk before the entry of the order. All | ||||||
8 | records sealed by the Illinois State Police may be | ||||||
9 | disseminated by the Illinois State Police only as required by | ||||||
10 | this Act or to the arresting authority, a law enforcement | ||||||
11 | agency, the State's Attorney, and the court upon a later | ||||||
12 | arrest for the same or similar offense or for the purpose of | ||||||
13 | sentencing for any subsequent felony. Upon conviction for any | ||||||
14 | subsequent offense, the Department of Corrections shall have | ||||||
15 | access to all expunged records of the Illinois State Police | ||||||
16 | pertaining to that individual. Upon entry of the order of | ||||||
17 | expungement, the circuit court clerk shall promptly mail a | ||||||
18 | copy of the order to the person who was granted the certificate | ||||||
19 | of eligibility for expungement. | ||||||
20 | (f) Subject to available funding, the Illinois Department | ||||||
21 | of Corrections shall conduct a study of the impact of sealing, | ||||||
22 | especially on employment and recidivism rates, utilizing a | ||||||
23 | random sample of those who apply for the sealing of their | ||||||
24 | criminal records under Public Act 93-211. At the request of | ||||||
25 | the Illinois Department of Corrections, records of the | ||||||
26 | Illinois Department of Employment Security shall be utilized |
| |||||||
| |||||||
1 | as appropriate to assist in the study. The study shall not | ||||||
2 | disclose any data in a manner that would allow the | ||||||
3 | identification of any particular individual or employing unit. | ||||||
4 | The study shall be made available to the General Assembly no | ||||||
5 | later than September 1, 2010. | ||||||
6 | (g) Immediate Sealing. | ||||||
7 | (1) Applicability. Notwithstanding any other provision | ||||||
8 | of this Act to the contrary, and cumulative with any | ||||||
9 | rights to expungement or sealing of criminal records, this | ||||||
10 | subsection authorizes the immediate sealing of criminal | ||||||
11 | records of adults and of minors prosecuted as adults. | ||||||
12 | (2) Eligible Records. Arrests or charges not initiated | ||||||
13 | by arrest resulting in acquittal or dismissal with | ||||||
14 | prejudice, except as excluded by subsection (a)(3)(B), | ||||||
15 | that occur on or after January 1, 2018 (the effective date | ||||||
16 | of Public Act 100-282), may be sealed immediately if the | ||||||
17 | petition is filed with the circuit court clerk on the same | ||||||
18 | day and during the same hearing in which the case is | ||||||
19 | disposed. | ||||||
20 | (3) When Records are Eligible to be Immediately | ||||||
21 | Sealed. Eligible records under paragraph (2) of this | ||||||
22 | subsection (g) may be sealed immediately after entry of | ||||||
23 | the final disposition of a case, notwithstanding the | ||||||
24 | disposition of other charges in the same case. | ||||||
25 | (4) Notice of Eligibility for Immediate Sealing. Upon | ||||||
26 | entry of a disposition for an eligible record under this |
| |||||||
| |||||||
1 | subsection (g), the defendant shall be informed by the | ||||||
2 | court of his or her right to have eligible records | ||||||
3 | immediately sealed and the procedure for the immediate | ||||||
4 | sealing of these records. | ||||||
5 | (5) Procedure. The following procedures apply to | ||||||
6 | immediate sealing under this subsection (g). | ||||||
7 | (A) Filing the Petition. Upon entry of the final | ||||||
8 | disposition of the case, the defendant's attorney may | ||||||
9 | immediately petition the court, on behalf of the | ||||||
10 | defendant, for immediate sealing of eligible records | ||||||
11 | under paragraph (2) of this subsection (g) that are | ||||||
12 | entered on or after January 1, 2018 (the effective | ||||||
13 | date of Public Act 100-282). The immediate sealing | ||||||
14 | petition may be filed with the circuit court clerk | ||||||
15 | during the hearing in which the final disposition of | ||||||
16 | the case is entered. If the defendant's attorney does | ||||||
17 | not file the petition for immediate sealing during the | ||||||
18 | hearing, the defendant may file a petition for sealing | ||||||
19 | at any time as authorized under subsection (c)(3)(A). | ||||||
20 | (B) Contents of Petition. The immediate sealing | ||||||
21 | petition shall be verified and shall contain the | ||||||
22 | petitioner's name, date of birth, current address, and | ||||||
23 | for each eligible record, the case number, the date of | ||||||
24 | arrest if applicable, the identity of the arresting | ||||||
25 | authority if applicable, and other information as the | ||||||
26 | court may require. |
| |||||||
| |||||||
1 | (C) Drug Test. The petitioner shall not be | ||||||
2 | required to attach proof that he or she has passed a | ||||||
3 | drug test. | ||||||
4 | (D) Service of Petition. A copy of the petition | ||||||
5 | shall be served on the State's Attorney in open court. | ||||||
6 | The petitioner shall not be required to serve a copy of | ||||||
7 | the petition on any other agency. | ||||||
8 | (E) Entry of Order. The presiding trial judge | ||||||
9 | shall enter an order granting or denying the petition | ||||||
10 | for immediate sealing during the hearing in which it | ||||||
11 | is filed. Petitions for immediate sealing shall be | ||||||
12 | ruled on in the same hearing in which the final | ||||||
13 | disposition of the case is entered. | ||||||
14 | (F) Hearings. The court shall hear the petition | ||||||
15 | for immediate sealing on the same day and during the | ||||||
16 | same hearing in which the disposition is rendered. | ||||||
17 | (G) Service of Order. An order to immediately seal | ||||||
18 | eligible records shall be served in conformance with | ||||||
19 | subsection (d)(8). | ||||||
20 | (H) Implementation of Order. An order to | ||||||
21 | immediately seal records shall be implemented in | ||||||
22 | conformance with subsections (d)(9)(C) and (d)(9)(D). | ||||||
23 | (I) Fees. The fee imposed by the circuit court | ||||||
24 | clerk and the Illinois State Police shall comply with | ||||||
25 | paragraph (1) of subsection (d) of this Section. | ||||||
26 | (J) Final Order. No court order issued under this |
| |||||||
| |||||||
1 | subsection (g) shall become final for purposes of | ||||||
2 | appeal until 30 days after service of the order on the | ||||||
3 | petitioner and all parties entitled to service of the | ||||||
4 | order in conformance with subsection (d)(8). | ||||||
5 | (K) Motion to Vacate, Modify, or Reconsider. Under | ||||||
6 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
7 | petitioner, State's Attorney, or the Illinois State | ||||||
8 | Police may file a motion to vacate, modify, or | ||||||
9 | reconsider the order denying the petition to | ||||||
10 | immediately seal within 60 days of service of the | ||||||
11 | order. If filed more than 60 days after service of the | ||||||
12 | order, a petition to vacate, modify, or reconsider | ||||||
13 | shall comply with subsection (c) of Section 2-1401 of | ||||||
14 | the Code of Civil Procedure. | ||||||
15 | (L) Effect of Order. An order granting an | ||||||
16 | immediate sealing petition shall not be considered | ||||||
17 | void because it fails to comply with the provisions of | ||||||
18 | this Section or because of an error asserted in a | ||||||
19 | motion to vacate, modify, or reconsider. The circuit | ||||||
20 | court retains jurisdiction to determine whether the | ||||||
21 | order is voidable, and to vacate, modify, or | ||||||
22 | reconsider its terms based on a motion filed under | ||||||
23 | subparagraph (L) of this subsection (g). | ||||||
24 | (M) Compliance with Order Granting Petition to | ||||||
25 | Seal Records. Unless a court has entered a stay of an | ||||||
26 | order granting a petition to immediately seal, all |
| |||||||
| |||||||
1 | parties entitled to service of the order must fully | ||||||
2 | comply with the terms of the order within 60 days of | ||||||
3 | service of the order. | ||||||
4 | (h) Sealing or vacation and expungement of trafficking | ||||||
5 | victims' crimes. | ||||||
6 | (1) A trafficking victim, as defined by paragraph (10) | ||||||
7 | of subsection (a) of Section 10-9 of the Criminal Code of | ||||||
8 | 2012, may petition for vacation and expungement or | ||||||
9 | immediate sealing of his or her criminal record upon the | ||||||
10 | completion of his or her last sentence if his or her | ||||||
11 | participation in the underlying offense was a result of | ||||||
12 | human trafficking under Section 10-9 of the Criminal Code | ||||||
13 | of 2012 or a severe form of trafficking under the federal | ||||||
14 | Trafficking Victims Protection Act. | ||||||
15 | (1.5) A petition under paragraph (1) shall be | ||||||
16 | prepared, signed, and filed in accordance with Supreme | ||||||
17 | Court Rule 9. The court may allow the petitioner to attend | ||||||
18 | any required hearing remotely in accordance with local | ||||||
19 | rules. The court may allow a petition to be filed under | ||||||
20 | seal if the public filing of the petition would constitute | ||||||
21 | a risk of harm to the petitioner. | ||||||
22 | (2) A petitioner under this subsection (h), in | ||||||
23 | addition to the requirements provided under paragraph (4) | ||||||
24 | of subsection (d) of this Section, shall include in his or | ||||||
25 | her petition a clear and concise statement that: (A) he or | ||||||
26 | she was a victim of human trafficking at the time of the |
| |||||||
| |||||||
1 | offense; and (B) that his or her participation in the | ||||||
2 | offense was a result of human trafficking under Section | ||||||
3 | 10-9 of the Criminal Code of 2012 or a severe form of | ||||||
4 | trafficking under the federal Trafficking Victims | ||||||
5 | Protection Act. | ||||||
6 | (3) If an objection is filed alleging that the | ||||||
7 | petitioner is not entitled to vacation and expungement or | ||||||
8 | immediate sealing under this subsection (h), the court | ||||||
9 | shall conduct a hearing under paragraph (7) of subsection | ||||||
10 | (d) of this Section and the court shall determine whether | ||||||
11 | the petitioner is entitled to vacation and expungement or | ||||||
12 | immediate sealing under this subsection (h). A petitioner | ||||||
13 | is eligible for vacation and expungement or immediate | ||||||
14 | relief under this subsection (h) if he or she shows, by a | ||||||
15 | preponderance of the evidence, that: (A) he or she was a | ||||||
16 | victim of human trafficking at the time of the offense; | ||||||
17 | and (B) that his or her participation in the offense was a | ||||||
18 | result of human trafficking under Section 10-9 of the | ||||||
19 | Criminal Code of 2012 or a severe form of trafficking | ||||||
20 | under the federal Trafficking Victims Protection Act. | ||||||
21 | (i) Minor Cannabis Offenses under the Cannabis Control | ||||||
22 | Act. | ||||||
23 | (1) Expungement of Arrest Records of Minor Cannabis | ||||||
24 | Offenses. | ||||||
25 | (A) The Illinois State Police and all law | ||||||
26 | enforcement agencies within the State shall |
| |||||||
| |||||||
1 | automatically expunge all criminal history records of | ||||||
2 | an arrest, charge not initiated by arrest, order of | ||||||
3 | supervision, or order of qualified probation for a | ||||||
4 | Minor Cannabis Offense committed prior to June 25, | ||||||
5 | 2019 (the effective date of Public Act 101-27) if: | ||||||
6 | (i) One year or more has elapsed since the | ||||||
7 | date of the arrest or law enforcement interaction | ||||||
8 | documented in the records; and | ||||||
9 | (ii) No criminal charges were filed relating | ||||||
10 | to the arrest or law enforcement interaction or | ||||||
11 | criminal charges were filed and subsequently | ||||||
12 | dismissed or vacated or the arrestee was | ||||||
13 | acquitted. | ||||||
14 | (B) If the law enforcement agency is unable to | ||||||
15 | verify satisfaction of condition (ii) in paragraph | ||||||
16 | (A), records that satisfy condition (i) in paragraph | ||||||
17 | (A) shall be automatically expunged. | ||||||
18 | (C) Records shall be expunged by the law | ||||||
19 | enforcement agency under the following timelines: | ||||||
20 | (i) Records created prior to June 25, 2019 | ||||||
21 | (the effective date of Public Act 101-27), but on | ||||||
22 | or after January 1, 2013, shall be automatically | ||||||
23 | expunged prior to January 1, 2021; | ||||||
24 | (ii) Records created prior to January 1, 2013, | ||||||
25 | but on or after January 1, 2000, shall be | ||||||
26 | automatically expunged prior to January 1, 2023; |
| |||||||
| |||||||
1 | (iii) Records created prior to January 1, 2000 | ||||||
2 | shall be automatically expunged prior to January | ||||||
3 | 1, 2025. | ||||||
4 | In response to an inquiry for expunged records, | ||||||
5 | the law enforcement agency receiving such inquiry | ||||||
6 | shall reply as it does in response to inquiries when no | ||||||
7 | records ever existed; however, it shall provide a | ||||||
8 | certificate of disposition or confirmation that the | ||||||
9 | record was expunged to the individual whose record was | ||||||
10 | expunged if such a record exists. | ||||||
11 | (D) Nothing in this Section shall be construed to | ||||||
12 | restrict or modify an individual's right to have that | ||||||
13 | individual's records expunged except as otherwise may | ||||||
14 | be provided in this Act, or diminish or abrogate any | ||||||
15 | rights or remedies otherwise available to the | ||||||
16 | individual. | ||||||
17 | (2) Pardons Authorizing Expungement of Minor Cannabis | ||||||
18 | Offenses. | ||||||
19 | (A) Upon June 25, 2019 (the effective date of | ||||||
20 | Public Act 101-27), the Department of State Police | ||||||
21 | shall review all criminal history record information | ||||||
22 | and identify all records that meet all of the | ||||||
23 | following criteria: | ||||||
24 | (i) one or more convictions for a Minor | ||||||
25 | Cannabis Offense; | ||||||
26 | (ii) the conviction identified in paragraph |
| |||||||
| |||||||
1 | (2)(A)(i) did not include a penalty enhancement | ||||||
2 | under Section 7 of the Cannabis Control Act; and | ||||||
3 | (iii) the conviction identified in paragraph | ||||||
4 | (2)(A)(i) is not associated with a conviction for | ||||||
5 | a violent crime as defined in subsection (c) of | ||||||
6 | Section 3 of the Rights of Crime Victims and | ||||||
7 | Witnesses Act. | ||||||
8 | (B) Within 180 days after June 25, 2019 (the | ||||||
9 | effective date of Public Act 101-27), the Department | ||||||
10 | of State Police shall notify the Prisoner Review Board | ||||||
11 | of all such records that meet the criteria established | ||||||
12 | in paragraph (2)(A). | ||||||
13 | (i) The Prisoner Review Board shall notify the | ||||||
14 | State's Attorney of the county of conviction of | ||||||
15 | each record identified by State Police in | ||||||
16 | paragraph (2)(A) that is classified as a Class 4 | ||||||
17 | felony. The State's Attorney may provide a written | ||||||
18 | objection to the Prisoner Review Board on the sole | ||||||
19 | basis that the record identified does not meet the | ||||||
20 | criteria established in paragraph (2)(A). Such an | ||||||
21 | objection must be filed within 60 days or by such | ||||||
22 | later date set by the Prisoner Review Board in the | ||||||
23 | notice after the State's Attorney received notice | ||||||
24 | from the Prisoner Review Board. | ||||||
25 | (ii) In response to a written objection from a | ||||||
26 | State's Attorney, the Prisoner Review Board is |
| |||||||
| |||||||
1 | authorized to conduct a non-public hearing to | ||||||
2 | evaluate the information provided in the | ||||||
3 | objection. | ||||||
4 | (iii) The Prisoner Review Board shall make a | ||||||
5 | confidential and privileged recommendation to the | ||||||
6 | Governor as to whether to grant a pardon | ||||||
7 | authorizing expungement for each of the records | ||||||
8 | identified by the Department of State Police as | ||||||
9 | described in paragraph (2)(A). | ||||||
10 | (C) If an individual has been granted a pardon | ||||||
11 | authorizing expungement as described in this Section, | ||||||
12 | the Prisoner Review Board, through the Attorney | ||||||
13 | General, shall file a petition for expungement with | ||||||
14 | the Chief Judge of the circuit or any judge of the | ||||||
15 | circuit designated by the Chief Judge where the | ||||||
16 | individual had been convicted. Such petition may | ||||||
17 | include more than one individual. Whenever an | ||||||
18 | individual who has been convicted of an offense is | ||||||
19 | granted a pardon by the Governor that specifically | ||||||
20 | authorizes expungement, an objection to the petition | ||||||
21 | may not be filed. Petitions to expunge under this | ||||||
22 | subsection (i) may include more than one individual. | ||||||
23 | Within 90 days of the filing of such a petition, the | ||||||
24 | court shall enter an order expunging the records of | ||||||
25 | arrest from the official records of the arresting | ||||||
26 | authority and order that the records of the circuit |
| |||||||
| |||||||
1 | court clerk and the Illinois State Police be expunged | ||||||
2 | and the name of the defendant obliterated from the | ||||||
3 | official index requested to be kept by the circuit | ||||||
4 | court clerk under Section 16 of the Clerks of Courts | ||||||
5 | Act in connection with the arrest and conviction for | ||||||
6 | the offense for which the individual had received a | ||||||
7 | pardon but the order shall not affect any index issued | ||||||
8 | by the circuit court clerk before the entry of the | ||||||
9 | order. Upon entry of the order of expungement, the | ||||||
10 | circuit court clerk shall promptly provide a copy of | ||||||
11 | the order and a certificate of disposition to the | ||||||
12 | individual who was pardoned to the individual's last | ||||||
13 | known address or by electronic means (if available) or | ||||||
14 | otherwise make it available to the individual upon | ||||||
15 | request. | ||||||
16 | (D) Nothing in this Section is intended to | ||||||
17 | diminish or abrogate any rights or remedies otherwise | ||||||
18 | available to the individual. | ||||||
19 | (3) Any individual may file a motion to vacate and | ||||||
20 | expunge a conviction for a misdemeanor or Class 4 felony | ||||||
21 | violation of Section 4 or Section 5 of the Cannabis | ||||||
22 | Control Act. Motions to vacate and expunge under this | ||||||
23 | subsection (i) may be filed with the circuit court, Chief | ||||||
24 | Judge of a judicial circuit or any judge of the circuit | ||||||
25 | designated by the Chief Judge. The circuit court clerk | ||||||
26 | shall promptly serve a copy of the motion to vacate and |
| |||||||
| |||||||
1 | expunge, and any supporting documentation, on the State's | ||||||
2 | Attorney or prosecutor charged with the duty of | ||||||
3 | prosecuting the offense. When considering such a motion to | ||||||
4 | vacate and expunge, a court shall consider the following: | ||||||
5 | the reasons to retain the records provided by law | ||||||
6 | enforcement, the petitioner's age, the petitioner's age at | ||||||
7 | the time of offense, the time since the conviction, and | ||||||
8 | the specific adverse consequences if denied. An individual | ||||||
9 | may file such a petition after the completion of any | ||||||
10 | non-financial sentence or non-financial condition imposed | ||||||
11 | by the conviction. Within 60 days of the filing of such | ||||||
12 | motion, a State's Attorney may file an objection to such a | ||||||
13 | petition along with supporting evidence. If a motion to | ||||||
14 | vacate and expunge is granted, the records shall be | ||||||
15 | expunged in accordance with subparagraphs (d)(8) and | ||||||
16 | (d)(9)(A) of this Section. An agency providing civil legal | ||||||
17 | aid, as defined by Section 15 of the Public Interest | ||||||
18 | Attorney Assistance Act, assisting individuals seeking to | ||||||
19 | file a motion to vacate and expunge under this subsection | ||||||
20 | may file motions to vacate and expunge with the Chief | ||||||
21 | Judge of a judicial circuit or any judge of the circuit | ||||||
22 | designated by the Chief Judge, and the motion may include | ||||||
23 | more than one individual. Motions filed by an agency | ||||||
24 | providing civil legal aid concerning more than one | ||||||
25 | individual may be prepared, presented, and signed | ||||||
26 | electronically. |
| |||||||
| |||||||
1 | (4) Any State's Attorney may file a motion to vacate | ||||||
2 | and expunge a conviction for a misdemeanor or Class 4 | ||||||
3 | felony violation of Section 4 or Section 5 of the Cannabis | ||||||
4 | Control Act. Motions to vacate and expunge under this | ||||||
5 | subsection (i) may be filed with the circuit court, Chief | ||||||
6 | Judge of a judicial circuit or any judge of the circuit | ||||||
7 | designated by the Chief Judge, and may include more than | ||||||
8 | one individual. Motions filed by a State's Attorney | ||||||
9 | concerning more than one individual may be prepared, | ||||||
10 | presented, and signed electronically. When considering | ||||||
11 | such a motion to vacate and expunge, a court shall | ||||||
12 | consider the following: the reasons to retain the records | ||||||
13 | provided by law enforcement, the individual's age, the | ||||||
14 | individual's age at the time of offense, the time since | ||||||
15 | the conviction, and the specific adverse consequences if | ||||||
16 | denied. Upon entry of an order granting a motion to vacate | ||||||
17 | and expunge records pursuant to this Section, the State's | ||||||
18 | Attorney shall notify the Prisoner Review Board within 30 | ||||||
19 | days. Upon entry of the order of expungement, the circuit | ||||||
20 | court clerk shall promptly provide a copy of the order and | ||||||
21 | a certificate of disposition to the individual whose | ||||||
22 | records will be expunged to the individual's last known | ||||||
23 | address or by electronic means (if available) or otherwise | ||||||
24 | make available to the individual upon request. If a motion | ||||||
25 | to vacate and expunge is granted, the records shall be | ||||||
26 | expunged in accordance with subparagraphs (d)(8) and |
| |||||||
| |||||||
1 | (d)(9)(A) of this Section. | ||||||
2 | (5) In the public interest, the State's Attorney of a | ||||||
3 | county has standing to file motions to vacate and expunge | ||||||
4 | pursuant to this Section in the circuit court with | ||||||
5 | jurisdiction over the underlying conviction. | ||||||
6 | (6) If a person is arrested for a Minor Cannabis | ||||||
7 | Offense as defined in this Section before June 25, 2019 | ||||||
8 | (the effective date of Public Act 101-27) and the person's | ||||||
9 | case is still pending but a sentence has not been imposed, | ||||||
10 | the person may petition the court in which the charges are | ||||||
11 | pending for an order to summarily dismiss those charges | ||||||
12 | against him or her, and expunge all official records of | ||||||
13 | his or her arrest, plea, trial, conviction, incarceration, | ||||||
14 | supervision, or expungement. If the court determines, upon | ||||||
15 | review, that: (A) the person was arrested before June 25, | ||||||
16 | 2019 (the effective date of Public Act 101-27) for an | ||||||
17 | offense that has been made eligible for expungement; (B) | ||||||
18 | the case is pending at the time; and (C) the person has not | ||||||
19 | been sentenced of the minor cannabis violation eligible | ||||||
20 | for expungement under this subsection, the court shall | ||||||
21 | consider the following: the reasons to retain the records | ||||||
22 | provided by law enforcement, the petitioner's age, the | ||||||
23 | petitioner's age at the time of offense, the time since | ||||||
24 | the conviction, and the specific adverse consequences if | ||||||
25 | denied. If a motion to dismiss and expunge is granted, the | ||||||
26 | records shall be expunged in accordance with subparagraph |
| |||||||
| |||||||
1 | (d)(9)(A) of this Section. | ||||||
2 | (7) A person imprisoned solely as a result of one or | ||||||
3 | more convictions for Minor Cannabis Offenses under this | ||||||
4 | subsection (i) shall be released from incarceration upon | ||||||
5 | the issuance of an order under this subsection. | ||||||
6 | (8) The Illinois State Police shall allow a person to | ||||||
7 | use the access and review process, established in the | ||||||
8 | Illinois State Police, for verifying that his or her | ||||||
9 | records relating to Minor Cannabis Offenses of the | ||||||
10 | Cannabis Control Act eligible under this Section have been | ||||||
11 | expunged. | ||||||
12 | (9) No conviction vacated pursuant to this Section | ||||||
13 | shall serve as the basis for damages for time unjustly | ||||||
14 | served as provided in the Court of Claims Act. | ||||||
15 | (10) Effect of Expungement. A person's right to | ||||||
16 | expunge an expungeable offense shall not be limited under | ||||||
17 | this Section. The effect of an order of expungement shall | ||||||
18 | be to restore the person to the status he or she occupied | ||||||
19 | before the arrest, charge, or conviction. | ||||||
20 | (11) Information. The Illinois State Police shall post | ||||||
21 | general information on its website about the expungement | ||||||
22 | process described in this subsection (i). | ||||||
23 | (j) Felony Prostitution Convictions. | ||||||
24 | (1) Any individual may file a motion to vacate and | ||||||
25 | expunge a conviction for a prior Class 4 felony violation | ||||||
26 | of prostitution. Motions to vacate and expunge under this |
| |||||||
| |||||||
1 | subsection (j) may be filed with the circuit court, Chief | ||||||
2 | Judge of a judicial circuit, or any judge of the circuit | ||||||
3 | designated by the Chief Judge. When considering the motion | ||||||
4 | to vacate and expunge, a court shall consider the | ||||||
5 | following: | ||||||
6 | (A) the reasons to retain the records provided by | ||||||
7 | law enforcement; | ||||||
8 | (B) the petitioner's age; | ||||||
9 | (C) the petitioner's age at the time of offense; | ||||||
10 | and | ||||||
11 | (D) the time since the conviction, and the | ||||||
12 | specific adverse consequences if denied. An individual | ||||||
13 | may file the petition after the completion of any | ||||||
14 | sentence or condition imposed by the conviction. | ||||||
15 | Within 60 days of the filing of the motion, a State's | ||||||
16 | Attorney may file an objection to the petition along | ||||||
17 | with supporting evidence. If a motion to vacate and | ||||||
18 | expunge is granted, the records shall be expunged in | ||||||
19 | accordance with subparagraph (d)(9)(A) of this | ||||||
20 | Section. An agency providing civil legal aid, as | ||||||
21 | defined in Section 15 of the Public Interest Attorney | ||||||
22 | Assistance Act, assisting individuals seeking to file | ||||||
23 | a motion to vacate and expunge under this subsection | ||||||
24 | may file motions to vacate and expunge with the Chief | ||||||
25 | Judge of a judicial circuit or any judge of the circuit | ||||||
26 | designated by the Chief Judge, and the motion may |
| |||||||
| |||||||
1 | include more than one individual. | ||||||
2 | (2) Any State's Attorney may file a motion to vacate | ||||||
3 | and expunge a conviction for a Class 4 felony violation of | ||||||
4 | prostitution. Motions to vacate and expunge under this | ||||||
5 | subsection (j) may be filed with the circuit court, Chief | ||||||
6 | Judge of a judicial circuit, or any judge of the circuit | ||||||
7 | court designated by the Chief Judge, and may include more | ||||||
8 | than one individual. When considering the motion to vacate | ||||||
9 | and expunge, a court shall consider the following reasons: | ||||||
10 | (A) the reasons to retain the records provided by | ||||||
11 | law enforcement; | ||||||
12 | (B) the petitioner's age; | ||||||
13 | (C) the petitioner's age at the time of offense; | ||||||
14 | (D) the time since the conviction; and | ||||||
15 | (E) the specific adverse consequences if denied. | ||||||
16 | If the State's Attorney files a motion to vacate and | ||||||
17 | expunge records for felony prostitution convictions | ||||||
18 | pursuant to this Section, the State's Attorney shall | ||||||
19 | notify the Prisoner Review Board within 30 days of the | ||||||
20 | filing. If a motion to vacate and expunge is granted, the | ||||||
21 | records shall be expunged in accordance with subparagraph | ||||||
22 | (d)(9)(A) of this Section. | ||||||
23 | (3) In the public interest, the State's Attorney of a | ||||||
24 | county has standing to file motions to vacate and expunge | ||||||
25 | pursuant to this Section in the circuit court with | ||||||
26 | jurisdiction over the underlying conviction. |
| |||||||
| |||||||
1 | (4) The Illinois State Police shall allow a person to | ||||||
2 | a use the access and review process, established in the | ||||||
3 | Illinois State Police, for verifying that his or her | ||||||
4 | records relating to felony prostitution eligible under | ||||||
5 | this Section have been expunged. | ||||||
6 | (5) No conviction vacated pursuant to this Section | ||||||
7 | shall serve as the basis for damages for time unjustly | ||||||
8 | served as provided in the Court of Claims Act. | ||||||
9 | (6) Effect of Expungement. A person's right to expunge | ||||||
10 | an expungeable offense shall not be limited under this | ||||||
11 | Section. The effect of an order of expungement shall be to | ||||||
12 | restore the person to the status he or she occupied before | ||||||
13 | the arrest, charge, or conviction. | ||||||
14 | (7) Information. The Illinois State Police shall post | ||||||
15 | general information on its website about the expungement | ||||||
16 | process described in this subsection (j). | ||||||
17 | (Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21; | ||||||
18 | 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff. | ||||||
19 | 1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23 .) | ||||||
20 | Section 25. The Illinois Vehicle Hijacking and Motor | ||||||
21 | Vehicle Theft Prevention and Insurance Verification Act is | ||||||
22 | amended by changing Section 8.6 as follows: | ||||||
23 | (20 ILCS 4005/8.6) | ||||||
24 | Sec. 8.6. Private passenger motor vehicle insurance. State |
| |||||||
| |||||||
1 | Police Training and Academy Fund; Law Enforcement Training | ||||||
2 | Fund. Before April 1 of each year, each insurer engaged in | ||||||
3 | writing private passenger motor vehicle insurance coverage | ||||||
4 | that is included in Class 2 and Class 3 of Section 4 of the | ||||||
5 | Illinois Insurance Code, as a condition of its authority to | ||||||
6 | transact business in this State, may collect and shall pay to | ||||||
7 | the Department of Insurance an amount equal to $4, or a lesser | ||||||
8 | amount determined by the Illinois Law Enforcement Training | ||||||
9 | Standards Board by rule, multiplied by the insurer's total | ||||||
10 | earned car years of private passenger motor vehicle insurance | ||||||
11 | policies providing physical damage insurance coverage written | ||||||
12 | in this State during the preceding calendar year. Of the | ||||||
13 | amounts collected under this Section, the Department of | ||||||
14 | Insurance shall deposit 10% into the State Police Law | ||||||
15 | Enforcement Administration Fund State Police Training and | ||||||
16 | Academy Fund and 90% into the Law Enforcement Training Fund. | ||||||
17 | (Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22; | ||||||
18 | 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.) | ||||||
19 | Section 30. The State Finance Act is amended by changing | ||||||
20 | Sections 5.946, 5.963, 6z-106, 6z-125, and 6z-127 as follows: | ||||||
21 | (30 ILCS 105/5.946) | ||||||
22 | Sec. 5.946. The State Police Training and Academy Fund. | ||||||
23 | This Section is repealed on January 1, 2025. | ||||||
24 | (Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22.) |
| |||||||
| |||||||
1 | (30 ILCS 105/5.963) | ||||||
2 | Sec. 5.963. The State Police Firearm Revocation | ||||||
3 | Enforcement Fund. | ||||||
4 | (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.) | ||||||
5 | (30 ILCS 105/6z-106) | ||||||
6 | Sec. 6z-106. State Police Law Enforcement Administration | ||||||
7 | Fund. | ||||||
8 | (a) There is created in the State treasury a special fund | ||||||
9 | known as the State Police Law Enforcement Administration Fund. | ||||||
10 | The Fund shall receive revenue under subsection (c) of Section | ||||||
11 | 10-5 of the Criminal and Traffic Assessment Act and Section | ||||||
12 | 500-135 of the Illinois Insurance Code. The Fund shall also | ||||||
13 | receive the moneys designated to be paid in to the Fund under | ||||||
14 | subsection (a-5) of Section 500-135 of the Illinois Insurance | ||||||
15 | Code and Section 8.6 of the Illinois Vehicle Hijacking and | ||||||
16 | Motor Vehicle Theft Prevention and Insurance Verification Act . | ||||||
17 | The Fund may also receive revenue from grants, donations, | ||||||
18 | appropriations, and any other legal source. | ||||||
19 | (b) The Illinois State Police may use moneys in the Fund to | ||||||
20 | finance any of its lawful purposes or functions , including, | ||||||
21 | but not limited to, training for forensic laboratory personnel | ||||||
22 | and other State Police personnel. However, ; however, the | ||||||
23 | primary purpose of the Fund shall be to finance State Police | ||||||
24 | cadet classes in May and October of each year. |
| |||||||
| |||||||
1 | (c) Expenditures may be made from the Fund only as | ||||||
2 | appropriated by the General Assembly by law. | ||||||
3 | (d) Investment income that is attributable to the | ||||||
4 | investment of moneys in the Fund shall be retained in the Fund | ||||||
5 | for the uses specified in this Section. | ||||||
6 | (e) The State Police Law Enforcement Administration Fund | ||||||
7 | shall not be subject to administrative chargebacks. | ||||||
8 | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.) | ||||||
9 | (30 ILCS 105/6z-125) | ||||||
10 | Sec. 6z-125. State Police Training and Academy Fund. The | ||||||
11 | State Police Training and Academy Fund is hereby created as a | ||||||
12 | special fund in the State treasury. Moneys in the Fund shall | ||||||
13 | consist of: (i) 10% of the revenue from increasing the | ||||||
14 | insurance producer license fees, as provided under subsection | ||||||
15 | (a-5) of Section 500-135 of the Illinois Insurance Code; and | ||||||
16 | (ii) 10% of the moneys collected from auto insurance policy | ||||||
17 | fees under Section 8.6 of the Illinois Vehicle Hijacking and | ||||||
18 | Motor Vehicle Theft Prevention and Insurance Verification Act. | ||||||
19 | This Fund shall be used by the Illinois State Police to fund | ||||||
20 | training and other State Police institutions, including, but | ||||||
21 | not limited to, forensic laboratories. On July 1, 2024, or as | ||||||
22 | soon thereafter as possible, the balance remaining in the | ||||||
23 | State Police Training and Academy Fund shall be transferred to | ||||||
24 | the State Police Law Enforcement Administration Fund. The | ||||||
25 | State Police Training and Academy Fund is dissolved upon that |
| |||||||
| |||||||
1 | transfer. This Section is repealed on January 1, 2025. | ||||||
2 | (Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22; | ||||||
3 | 102-904, eff. 1-1-23 .) | ||||||
4 | (30 ILCS 105/6z-127) | ||||||
5 | Sec. 6z-127. State Police Firearm Revocation Enforcement | ||||||
6 | Fund. | ||||||
7 | (a) The State Police Firearm Revocation Enforcement Fund | ||||||
8 | is established as a special fund in the State treasury. This | ||||||
9 | Fund is established to receive moneys from the Firearm Owners | ||||||
10 | Identification Card Act to enforce that Act, the Firearm | ||||||
11 | Concealed Carry Act, Article 24 of the Criminal Code of 2012, | ||||||
12 | and other firearm offenses. The Fund may also receive revenue | ||||||
13 | from grants, donations, appropriations, and any other legal | ||||||
14 | source. | ||||||
15 | (b) The Illinois State Police may use moneys from the Fund | ||||||
16 | to establish task forces and, if necessary, include other law | ||||||
17 | enforcement agencies, under intergovernmental contracts | ||||||
18 | written and executed in conformity with the Intergovernmental | ||||||
19 | Cooperation Act. | ||||||
20 | (c) The Illinois State Police may use moneys in the Fund to | ||||||
21 | hire and train State Police officers and for the prevention of | ||||||
22 | violent crime. | ||||||
23 | (d) The State Police Firearm Revocation Enforcement Fund | ||||||
24 | is not subject to administrative chargebacks. | ||||||
25 | (e) Law enforcement agencies that participate in Firearm |
| |||||||
| |||||||
1 | Owner's Identification Card revocation enforcement in the | ||||||
2 | Violent Crime Intelligence Task Force may apply for grants | ||||||
3 | from the Illinois State Police. | ||||||
4 | (f) Any surplus in the Fund beyond what is necessary to | ||||||
5 | ensure compliance with subsections (a) through (e) or moneys | ||||||
6 | that are specifically appropriated for those purposes shall be | ||||||
7 | used by the Illinois State Police to award grants to assist | ||||||
8 | with the data reporting requirements of the Gun Trafficking | ||||||
9 | Information Act. | ||||||
10 | (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22; | ||||||
11 | 103-34, eff. 6-9-23.) | ||||||
12 | Section 35. The School Code is amended by changing | ||||||
13 | Sections 10-27.1A and 10-27.1B as follows: | ||||||
14 | (105 ILCS 5/10-27.1A) | ||||||
15 | Sec. 10-27.1A. Firearms in schools. | ||||||
16 | (a) All school officials, including teachers, school | ||||||
17 | counselors, and support staff, shall immediately notify the | ||||||
18 | office of the principal in the event that they observe any | ||||||
19 | person in possession of a firearm on school grounds; provided | ||||||
20 | that taking such immediate action to notify the office of the | ||||||
21 | principal would not immediately endanger the health, safety, | ||||||
22 | or welfare of students who are under the direct supervision of | ||||||
23 | the school official or the school official. If the health, | ||||||
24 | safety, or welfare of students under the direct supervision of |
| |||||||
| |||||||
1 | the school official or of the school official is immediately | ||||||
2 | endangered, the school official shall notify the office of the | ||||||
3 | principal as soon as the students under his or her supervision | ||||||
4 | and he or she are no longer under immediate danger. A report is | ||||||
5 | not required by this Section when the school official knows | ||||||
6 | that the person in possession of the firearm is a law | ||||||
7 | enforcement official engaged in the conduct of his or her | ||||||
8 | official duties. Any school official acting in good faith who | ||||||
9 | makes such a report under this Section shall have immunity | ||||||
10 | from any civil or criminal liability that might otherwise be | ||||||
11 | incurred as a result of making the report. The identity of the | ||||||
12 | school official making such report shall not be disclosed | ||||||
13 | except as expressly and specifically authorized by law. | ||||||
14 | Knowingly and willfully failing to comply with this Section is | ||||||
15 | a petty offense. A second or subsequent offense is a Class C | ||||||
16 | misdemeanor. | ||||||
17 | (b) Upon receiving a report from any school official | ||||||
18 | pursuant to this Section, or from any other person, the | ||||||
19 | principal or his or her designee shall immediately notify a | ||||||
20 | local law enforcement agency. If the person found to be in | ||||||
21 | possession of a firearm on school grounds is a student, the | ||||||
22 | principal or his or her designee shall also immediately notify | ||||||
23 | that student's parent or guardian. Any principal or his or her | ||||||
24 | designee acting in good faith who makes such reports under | ||||||
25 | this Section shall have immunity from any civil or criminal | ||||||
26 | liability that might otherwise be incurred or imposed as a |
| |||||||
| |||||||
1 | result of making the reports. Knowingly and willfully failing | ||||||
2 | to comply with this Section is a petty offense. A second or | ||||||
3 | subsequent offense is a Class C misdemeanor. If the person | ||||||
4 | found to be in possession of the firearm on school grounds is a | ||||||
5 | minor, the law enforcement agency shall detain that minor | ||||||
6 | until such time as the agency makes a determination pursuant | ||||||
7 | to clause (a) of subsection (1) of Section 5-401 of the | ||||||
8 | Juvenile Court Act of 1987, as to whether the agency | ||||||
9 | reasonably believes that the minor is delinquent. If the law | ||||||
10 | enforcement agency determines that probable cause exists to | ||||||
11 | believe that the minor committed a violation of item (4) of | ||||||
12 | subsection (a) of Section 24-1 of the Criminal Code of 2012 | ||||||
13 | while on school grounds, the agency shall detain the minor for | ||||||
14 | processing pursuant to Section 5-407 of the Juvenile Court Act | ||||||
15 | of 1987. | ||||||
16 | (c) Upon receipt of any written, electronic, or verbal | ||||||
17 | report from any school personnel regarding a verified incident | ||||||
18 | involving a firearm in a school or on school owned or leased | ||||||
19 | property, including any conveyance owned, leased, or used by | ||||||
20 | the school for the transport of students or school personnel, | ||||||
21 | the superintendent or his or her designee shall report all | ||||||
22 | such firearm-related incidents occurring in a school or on | ||||||
23 | school property to the local law enforcement authorities | ||||||
24 | immediately , who shall report to the Illinois State Police in | ||||||
25 | a form, manner, and frequency as prescribed by the Illinois | ||||||
26 | State Police . |
| |||||||
| |||||||
1 | The State Board of Education shall receive an annual | ||||||
2 | statistical compilation and related data associated with | ||||||
3 | incidents involving firearms in schools from the Illinois | ||||||
4 | State Police. The State Board of Education shall compile this | ||||||
5 | information by school district and make it available to the | ||||||
6 | public. | ||||||
7 | (c-5) Schools shall report any written, electronic, or | ||||||
8 | verbal report of a verified incident involving a firearm made | ||||||
9 | under subsection (c) to the State Board of Education through | ||||||
10 | existing school incident reporting systems as they occur | ||||||
11 | during the year by no later than August 1 of each year. The | ||||||
12 | State Board of Education shall report data by school district, | ||||||
13 | as collected from school districts, and make it available to | ||||||
14 | the public via its website. The local law enforcement | ||||||
15 | authority shall, by March 1 of each year, report the required | ||||||
16 | data from the previous year to the Illinois State Police's | ||||||
17 | Illinois Uniform Crime Reporting Program, which shall be | ||||||
18 | included in its annual Crime in Illinois report. | ||||||
19 | (d) As used in this Section, the term "firearm" shall have | ||||||
20 | the meaning ascribed to it in Section 1.1 of the Firearm Owners | ||||||
21 | Identification Card Act. | ||||||
22 | As used in this Section, the term "school" means any | ||||||
23 | public or private elementary or secondary school. | ||||||
24 | As used in this Section, the term "school grounds" | ||||||
25 | includes the real property comprising any school, any | ||||||
26 | conveyance owned, leased, or contracted by a school to |
| |||||||
| |||||||
1 | transport students to or from school or a school-related | ||||||
2 | activity, or any public way within 1,000 feet of the real | ||||||
3 | property comprising any school. | ||||||
4 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||||||
5 | 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.) | ||||||
6 | (105 ILCS 5/10-27.1B) | ||||||
7 | Sec. 10-27.1B. Reporting drug-related incidents in | ||||||
8 | schools. | ||||||
9 | (a) In this Section: | ||||||
10 | "Drug" means "cannabis" as defined under subsection (a) of | ||||||
11 | Section 3 of the Cannabis Control Act, "narcotic drug" as | ||||||
12 | defined under subsection (aa) of Section 102 of the Illinois | ||||||
13 | Controlled Substances Act, or "methamphetamine" as defined | ||||||
14 | under Section 10 of the Methamphetamine Control and Community | ||||||
15 | Protection Act. | ||||||
16 | "School" means any public or private elementary or | ||||||
17 | secondary school. | ||||||
18 | (b) Upon receipt of any written, electronic, or verbal | ||||||
19 | report from any school personnel regarding a verified incident | ||||||
20 | involving drugs in a school or on school owned or leased | ||||||
21 | property, including any conveyance owned, leased, or used by | ||||||
22 | the school for the transport of students or school personnel, | ||||||
23 | the superintendent or his or her designee, or other | ||||||
24 | appropriate administrative officer for a private school, shall | ||||||
25 | report all such drug-related incidents occurring in a school |
| |||||||
| |||||||
1 | or on school property to the local law enforcement authorities | ||||||
2 | immediately and to the Illinois State Police in a form, | ||||||
3 | manner, and frequency as prescribed by the Illinois State | ||||||
4 | Police . | ||||||
5 | (c) (Blank). The State Board of Education shall receive an | ||||||
6 | annual statistical compilation and related data associated | ||||||
7 | with drug-related incidents in schools from the Illinois State | ||||||
8 | Police. The State Board of Education shall compile this | ||||||
9 | information by school district and make it available to the | ||||||
10 | public . | ||||||
11 | (d) Schools shall report any written, electronic, or | ||||||
12 | verbal report of an incident involving drugs made under | ||||||
13 | subsection (b) to the State Board of Education through | ||||||
14 | existing school incident reporting systems as they occur | ||||||
15 | during the year by no later than August 1 of each year. The | ||||||
16 | State Board of Education shall report data by school district, | ||||||
17 | as collected from school districts, and make it available to | ||||||
18 | the public via its website. The local law enforcement | ||||||
19 | authority shall, by March 1 of each year, report the required | ||||||
20 | data from the previous year to the Illinois State Police's | ||||||
21 | Illinois Uniform Crime Reporting Program, which shall be | ||||||
22 | included in its annual Crime in Illinois report. | ||||||
23 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
24 | Section 40. The Illinois Insurance Code is amended by | ||||||
25 | changing Section 500-135 as follows: |
| |||||||
| |||||||
1 | (215 ILCS 5/500-135) | ||||||
2 | (Section scheduled to be repealed on January 1, 2027) | ||||||
3 | Sec. 500-135. Fees. | ||||||
4 | (a) The fees required by this Article are as follows: | ||||||
5 | (1) a fee of $215 for a person who is a resident of | ||||||
6 | Illinois, and $380 for a person who is not a resident of | ||||||
7 | Illinois, payable once every 2 years for an insurance | ||||||
8 | producer license; | ||||||
9 | (2) a fee of $50 for the issuance of a temporary | ||||||
10 | insurance producer license; | ||||||
11 | (3) a fee of $150 payable once every 2 years for a | ||||||
12 | business entity; | ||||||
13 | (4) an annual $50 fee for a limited line producer | ||||||
14 | license issued under items (1) through (8) of subsection | ||||||
15 | (a) of Section 500-100; | ||||||
16 | (5) a $50 application fee for the processing of a | ||||||
17 | request to take the written examination for an insurance | ||||||
18 | producer license; | ||||||
19 | (6) an annual registration fee of $1,000 for | ||||||
20 | registration of an education provider; | ||||||
21 | (7) a certification fee of $50 for each certified | ||||||
22 | pre-licensing or continuing education course and an annual | ||||||
23 | fee of $20 for renewing the certification of each such | ||||||
24 | course; | ||||||
25 | (8) a fee of $215 for a person who is a resident of |
| |||||||
| |||||||
1 | Illinois, and $380 for a person who is not a resident of | ||||||
2 | Illinois, payable once every 2 years for a car rental | ||||||
3 | limited line license; | ||||||
4 | (9) a fee of $200 payable once every 2 years for a | ||||||
5 | limited lines license other than the licenses issued under | ||||||
6 | items (1) through (8) of subsection (a) of Section | ||||||
7 | 500-100, a car rental limited line license, or a | ||||||
8 | self-service storage facility limited line license; | ||||||
9 | (10) a fee of $50 payable once every 2 years for a | ||||||
10 | self-service storage facility limited line license. | ||||||
11 | (a-5) Beginning on July 1, 2021, an amount equal to the | ||||||
12 | additional amount of revenue collected under paragraphs (1) | ||||||
13 | and (8) of subsection (a) as a result of the increase in the | ||||||
14 | fees under this amendatory Act of the 102nd General Assembly | ||||||
15 | shall be transferred annually, with 10% of that amount paid | ||||||
16 | into the State Police Law Enforcement Administration Fund | ||||||
17 | State Police Training and Academy Fund and 90% of that amount | ||||||
18 | paid into the Law Enforcement Training Fund. | ||||||
19 | (b) Except as otherwise provided, all fees paid to and | ||||||
20 | collected by the Director under this Section shall be paid | ||||||
21 | promptly after receipt thereof, together with a detailed | ||||||
22 | statement of such fees, into a special fund in the State | ||||||
23 | Treasury to be known as the Insurance Producer Administration | ||||||
24 | Fund. The moneys deposited into the Insurance Producer | ||||||
25 | Administration Fund may be used only for payment of the | ||||||
26 | expenses of the Department in the execution, administration, |
| |||||||
| |||||||
1 | and enforcement of the insurance laws of this State, and shall | ||||||
2 | be appropriated as otherwise provided by law for the payment | ||||||
3 | of those expenses with first priority being any expenses | ||||||
4 | incident to or associated with the administration and | ||||||
5 | enforcement of this Article. | ||||||
6 | (Source: P.A. 102-16, eff. 6-17-21.) | ||||||
7 | Section 45. The Illinois Gambling Act is amended by | ||||||
8 | changing Sections 7.7 and 22 as follows: | ||||||
9 | (230 ILCS 10/7.7) | ||||||
10 | Sec. 7.7. Organization gaming licenses. | ||||||
11 | (a) The Illinois Gaming Board shall award one organization | ||||||
12 | gaming license to each person or entity having operating | ||||||
13 | control of a racetrack that applies under Section 56 of the | ||||||
14 | Illinois Horse Racing Act of 1975, subject to the application | ||||||
15 | and eligibility requirements of this Section. Within 60 days | ||||||
16 | after the effective date of this amendatory Act of the 101st | ||||||
17 | General Assembly, a person or entity having operating control | ||||||
18 | of a racetrack may submit an application for an organization | ||||||
19 | gaming license. The application shall be made on such forms as | ||||||
20 | provided by the Board and shall contain such information as | ||||||
21 | the Board prescribes, including, but not limited to, the | ||||||
22 | identity of any racetrack at which gaming will be conducted | ||||||
23 | pursuant to an organization gaming license, detailed | ||||||
24 | information regarding the ownership and management of the |
| |||||||
| |||||||
1 | applicant, and detailed personal information regarding the | ||||||
2 | applicant. The application shall specify the number of gaming | ||||||
3 | positions the applicant intends to use and the place where the | ||||||
4 | organization gaming facility will operate. A person who | ||||||
5 | knowingly makes a false statement on an application is guilty | ||||||
6 | of a Class A misdemeanor. | ||||||
7 | Each applicant shall disclose the identity of every person | ||||||
8 | or entity having a direct or indirect pecuniary interest | ||||||
9 | greater than 1% in any racetrack with respect to which the | ||||||
10 | license is sought. If the disclosed entity is a corporation, | ||||||
11 | the applicant shall disclose the names and addresses of all | ||||||
12 | officers, stockholders, and directors. If the disclosed entity | ||||||
13 | is a limited liability company, the applicant shall disclose | ||||||
14 | the names and addresses of all members and managers. If the | ||||||
15 | disclosed entity is a partnership, the applicant shall | ||||||
16 | disclose the names and addresses of all partners, both general | ||||||
17 | and limited. If the disclosed entity is a trust, the applicant | ||||||
18 | shall disclose the names and addresses of all beneficiaries. | ||||||
19 | An application shall be filed and considered in accordance | ||||||
20 | with the rules of the Board. Each application for an | ||||||
21 | organization gaming license shall include a nonrefundable | ||||||
22 | application fee of $250,000. In addition, a nonrefundable fee | ||||||
23 | of $50,000 shall be paid at the time of filing to defray the | ||||||
24 | costs associated with background investigations conducted by | ||||||
25 | the Board. If the costs of the background investigation exceed | ||||||
26 | $50,000, the applicant shall pay the additional amount to the |
| |||||||
| |||||||
1 | Board within 7 days after a request by the Board. If the costs | ||||||
2 | of the investigation are less than $50,000, the applicant | ||||||
3 | shall receive a refund of the remaining amount. All | ||||||
4 | information, records, interviews, reports, statements, | ||||||
5 | memoranda, or other data supplied to or used by the Board in | ||||||
6 | the course of this review or investigation of an applicant for | ||||||
7 | an organization gaming license under this Act shall be | ||||||
8 | privileged and strictly confidential and shall be used only | ||||||
9 | for the purpose of evaluating an applicant for an organization | ||||||
10 | gaming license or a renewal. Such information, records, | ||||||
11 | interviews, reports, statements, memoranda, or other data | ||||||
12 | shall not be admissible as evidence nor discoverable in any | ||||||
13 | action of any kind in any court or before any tribunal, board, | ||||||
14 | agency or person, except for any action deemed necessary by | ||||||
15 | the Board. The application fee shall be deposited into the | ||||||
16 | State Gaming Fund. | ||||||
17 | Any applicant or key person, including the applicant's | ||||||
18 | owners, officers, directors (if a corporation), managers and | ||||||
19 | members (if a limited liability company), and partners (if a | ||||||
20 | partnership), for an organization gaming license shall submit | ||||||
21 | with his or her application, on forms provided by the Board, 2 | ||||||
22 | sets of have his or her fingerprints . The board shall charge | ||||||
23 | each applicant a fee set by submitted to the Illinois State | ||||||
24 | Police to defray the costs associated with the search and | ||||||
25 | classification of fingerprints obtained by the Board with | ||||||
26 | respect to the applicant's application. The fees in an |
| |||||||
| |||||||
1 | electronic format that complies with the form and manner for | ||||||
2 | requesting and furnishing criminal history record information | ||||||
3 | as prescribed by the Illinois State Police. These fingerprints | ||||||
4 | shall be checked against the Illinois State Police and Federal | ||||||
5 | Bureau of Investigation criminal history record databases now | ||||||
6 | and hereafter filed, including, but not limited to, civil, | ||||||
7 | criminal, and latent fingerprint databases. The Illinois State | ||||||
8 | Police shall charge applicants a fee for conducting the | ||||||
9 | criminal history records check, which shall be deposited into | ||||||
10 | the State Police Services Fund and shall not exceed the actual | ||||||
11 | cost of the records check. The Illinois State Police shall | ||||||
12 | furnish, pursuant to positive identification, records of | ||||||
13 | Illinois criminal history to the Illinois State Police . | ||||||
14 | (b) The Board shall determine within 120 days after | ||||||
15 | receiving an application for an organization gaming license | ||||||
16 | whether to grant an organization gaming license to the | ||||||
17 | applicant. If the Board does not make a determination within | ||||||
18 | that time period, then the Board shall give a written | ||||||
19 | explanation to the applicant as to why it has not reached a | ||||||
20 | determination and when it reasonably expects to make a | ||||||
21 | determination. | ||||||
22 | The organization gaming licensee shall purchase up to the | ||||||
23 | amount of gaming positions authorized under this Act within | ||||||
24 | 120 days after receiving its organization gaming license. If | ||||||
25 | an organization gaming licensee is prepared to purchase the | ||||||
26 | gaming positions, but is temporarily prohibited from doing so |
| |||||||
| |||||||
1 | by order of a court of competent jurisdiction or the Board, | ||||||
2 | then the 120-day period is tolled until a resolution is | ||||||
3 | reached. | ||||||
4 | An organization gaming license shall authorize its holder | ||||||
5 | to conduct gaming under this Act at its racetracks on the same | ||||||
6 | days of the year and hours of the day that owners licenses are | ||||||
7 | allowed to operate under approval of the Board. | ||||||
8 | An organization gaming license and any renewal of an | ||||||
9 | organization gaming license shall authorize gaming pursuant to | ||||||
10 | this Section for a period of 4 years. The fee for the issuance | ||||||
11 | or renewal of an organization gaming license shall be | ||||||
12 | $250,000. | ||||||
13 | All payments by licensees under this subsection (b) shall | ||||||
14 | be deposited into the Rebuild Illinois Projects Fund. | ||||||
15 | (c) To be eligible to conduct gaming under this Section, a | ||||||
16 | person or entity having operating control of a racetrack must | ||||||
17 | (i) obtain an organization gaming license, (ii) hold an | ||||||
18 | organization license under the Illinois Horse Racing Act of | ||||||
19 | 1975, (iii) hold an inter-track wagering license, (iv) pay an | ||||||
20 | initial fee of $30,000 per gaming position from organization | ||||||
21 | gaming licensees where gaming is conducted in Cook County and, | ||||||
22 | except as provided in subsection (c-5), $17,500 for | ||||||
23 | organization gaming licensees where gaming is conducted | ||||||
24 | outside of Cook County before beginning to conduct gaming plus | ||||||
25 | make the reconciliation payment required under subsection (k), | ||||||
26 | (v) conduct live racing in accordance with subsections (e-1), |
| |||||||
| |||||||
1 | (e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act | ||||||
2 | of 1975, (vi) meet the requirements of subsection (a) of | ||||||
3 | Section 56 of the Illinois Horse Racing Act of 1975, (vii) for | ||||||
4 | organization licensees conducting standardbred race meetings, | ||||||
5 | keep backstretch barns and dormitories open and operational | ||||||
6 | year-round unless a lesser schedule is mutually agreed to by | ||||||
7 | the organization licensee and the horsemen association racing | ||||||
8 | at that organization licensee's race meeting, (viii) for | ||||||
9 | organization licensees conducting thoroughbred race meetings, | ||||||
10 | the organization licensee must maintain accident medical | ||||||
11 | expense liability insurance coverage of $1,000,000 for | ||||||
12 | jockeys, and (ix) meet all other requirements of this Act that | ||||||
13 | apply to owners licensees. | ||||||
14 | An organization gaming licensee may enter into a joint | ||||||
15 | venture with a licensed owner to own, manage, conduct, or | ||||||
16 | otherwise operate the organization gaming licensee's | ||||||
17 | organization gaming facilities, unless the organization gaming | ||||||
18 | licensee has a parent company or other affiliated company that | ||||||
19 | is, directly or indirectly, wholly owned by a parent company | ||||||
20 | that is also licensed to conduct organization gaming, casino | ||||||
21 | gaming, or their equivalent in another state. | ||||||
22 | All payments by licensees under this subsection (c) shall | ||||||
23 | be deposited into the Rebuild Illinois Projects Fund. | ||||||
24 | (c-5) A person or entity having operating control of a | ||||||
25 | racetrack located in Madison County shall only pay the initial | ||||||
26 | fees specified in subsection (c) for 540 of the gaming |
| |||||||
| |||||||
1 | positions authorized under the license. | ||||||
2 | (d) A person or entity is ineligible to receive an | ||||||
3 | organization gaming license if: | ||||||
4 | (1) the person or entity has been convicted of a | ||||||
5 | felony under the laws of this State, any other state, or | ||||||
6 | the United States, including a conviction under the | ||||||
7 | Racketeer Influenced and Corrupt Organizations Act; | ||||||
8 | (2) the person or entity has been convicted of any | ||||||
9 | violation of Article 28 of the Criminal Code of 2012, or | ||||||
10 | substantially similar laws of any other jurisdiction; | ||||||
11 | (3) the person or entity has submitted an application | ||||||
12 | for a license under this Act that contains false | ||||||
13 | information; | ||||||
14 | (4) the person is a member of the Board; | ||||||
15 | (5) a person defined in (1), (2), (3), or (4) of this | ||||||
16 | subsection (d) is an officer, director, or managerial | ||||||
17 | employee of the entity; | ||||||
18 | (6) the person or entity employs a person defined in | ||||||
19 | (1), (2), (3), or (4) of this subsection (d) who | ||||||
20 | participates in the management or operation of gambling | ||||||
21 | operations authorized under this Act; or | ||||||
22 | (7) a license of the person or entity issued under | ||||||
23 | this Act or a license to own or operate gambling | ||||||
24 | facilities in any other jurisdiction has been revoked. | ||||||
25 | (e) The Board may approve gaming positions pursuant to an | ||||||
26 | organization gaming license statewide as provided in this |
| |||||||
| |||||||
1 | Section. The authority to operate gaming positions under this | ||||||
2 | Section shall be allocated as follows: up to 1,200 gaming | ||||||
3 | positions for any organization gaming licensee in Cook County | ||||||
4 | and up to 900 gaming positions for any organization gaming | ||||||
5 | licensee outside of Cook County. | ||||||
6 | (f) Each applicant for an organization gaming license | ||||||
7 | shall specify in its application for licensure the number of | ||||||
8 | gaming positions it will operate, up to the applicable | ||||||
9 | limitation set forth in subsection (e) of this Section. Any | ||||||
10 | unreserved gaming positions that are not specified shall be | ||||||
11 | forfeited and retained by the Board. For the purposes of this | ||||||
12 | subsection (f), an organization gaming licensee that did not | ||||||
13 | conduct live racing in 2010 and is located within 3 miles of | ||||||
14 | the Mississippi River may reserve up to 900 positions and | ||||||
15 | shall not be penalized under this Section for not operating | ||||||
16 | those positions until it meets the requirements of subsection | ||||||
17 | (e) of this Section, but such licensee shall not request | ||||||
18 | unreserved gaming positions under this subsection (f) until | ||||||
19 | its 900 positions are all operational. | ||||||
20 | Thereafter, the Board shall publish the number of | ||||||
21 | unreserved gaming positions and shall accept requests for | ||||||
22 | additional positions from any organization gaming licensee | ||||||
23 | that initially reserved all of the positions that were | ||||||
24 | offered. The Board shall allocate expeditiously the unreserved | ||||||
25 | gaming positions to requesting organization gaming licensees | ||||||
26 | in a manner that maximizes revenue to the State. The Board may |
| |||||||
| |||||||
1 | allocate any such unused gaming positions pursuant to an open | ||||||
2 | and competitive bidding process, as provided under Section 7.5 | ||||||
3 | of this Act. This process shall continue until all unreserved | ||||||
4 | gaming positions have been purchased. All positions obtained | ||||||
5 | pursuant to this process and all positions the organization | ||||||
6 | gaming licensee specified it would operate in its application | ||||||
7 | must be in operation within 18 months after they were obtained | ||||||
8 | or the organization gaming licensee forfeits the right to | ||||||
9 | operate those positions, but is not entitled to a refund of any | ||||||
10 | fees paid. The Board may, after holding a public hearing, | ||||||
11 | grant extensions so long as the organization gaming licensee | ||||||
12 | is working in good faith to make the positions operational. | ||||||
13 | The extension may be for a period of 6 months. If, after the | ||||||
14 | period of the extension, the organization gaming licensee has | ||||||
15 | not made the positions operational, then another public | ||||||
16 | hearing must be held by the Board before it may grant another | ||||||
17 | extension. | ||||||
18 | Unreserved gaming positions retained from and allocated to | ||||||
19 | organization gaming licensees by the Board pursuant to this | ||||||
20 | subsection (f) shall not be allocated to owners licensees | ||||||
21 | under this Act. | ||||||
22 | For the purpose of this subsection (f), the unreserved | ||||||
23 | gaming positions for each organization gaming licensee shall | ||||||
24 | be the applicable limitation set forth in subsection (e) of | ||||||
25 | this Section, less the number of reserved gaming positions by | ||||||
26 | such organization gaming licensee, and the total unreserved |
| |||||||
| |||||||
1 | gaming positions shall be the aggregate of the unreserved | ||||||
2 | gaming positions for all organization gaming licensees. | ||||||
3 | (g) An organization gaming licensee is authorized to | ||||||
4 | conduct the following at a racetrack: | ||||||
5 | (1) slot machine gambling; | ||||||
6 | (2) video game of chance gambling; | ||||||
7 | (3) gambling with electronic gambling games as defined | ||||||
8 | in this Act or defined by the Illinois Gaming Board; and | ||||||
9 | (4) table games. | ||||||
10 | (h) Subject to the approval of the Illinois Gaming Board, | ||||||
11 | an organization gaming licensee may make modification or | ||||||
12 | additions to any existing buildings and structures to comply | ||||||
13 | with the requirements of this Act. The Illinois Gaming Board | ||||||
14 | shall make its decision after consulting with the Illinois | ||||||
15 | Racing Board. In no case, however, shall the Illinois Gaming | ||||||
16 | Board approve any modification or addition that alters the | ||||||
17 | grounds of the organization licensee such that the act of live | ||||||
18 | racing is an ancillary activity to gaming authorized under | ||||||
19 | this Section. Gaming authorized under this Section may take | ||||||
20 | place in existing structures where inter-track wagering is | ||||||
21 | conducted at the racetrack or a facility within 300 yards of | ||||||
22 | the racetrack in accordance with the provisions of this Act | ||||||
23 | and the Illinois Horse Racing Act of 1975. | ||||||
24 | (i) An organization gaming licensee may conduct gaming at | ||||||
25 | a temporary facility pending the construction of a permanent | ||||||
26 | facility or the remodeling or relocation of an existing |
| |||||||
| |||||||
1 | facility to accommodate gaming participants for up to 24 | ||||||
2 | months after the temporary facility begins to conduct gaming | ||||||
3 | authorized under this Section. Upon request by an organization | ||||||
4 | gaming licensee and upon a showing of good cause by the | ||||||
5 | organization gaming licensee, the Board shall extend the | ||||||
6 | period during which the licensee may conduct gaming authorized | ||||||
7 | under this Section at a temporary facility by up to 12 months. | ||||||
8 | The Board shall make rules concerning the conduct of gaming | ||||||
9 | authorized under this Section from temporary facilities. | ||||||
10 | The gaming authorized under this Section may take place in | ||||||
11 | existing structures where inter-track wagering is conducted at | ||||||
12 | the racetrack or a facility within 300 yards of the racetrack | ||||||
13 | in accordance with the provisions of this Act and the Illinois | ||||||
14 | Horse Racing Act of 1975. | ||||||
15 | (i-5) Under no circumstances shall an organization gaming | ||||||
16 | licensee conduct gaming at any State or county fair. | ||||||
17 | (j) The Illinois Gaming Board must adopt emergency rules | ||||||
18 | in accordance with Section 5-45 of the Illinois Administrative | ||||||
19 | Procedure Act as necessary to ensure compliance with the | ||||||
20 | provisions of this amendatory Act of the 101st General | ||||||
21 | Assembly concerning the conduct of gaming by an organization | ||||||
22 | gaming licensee. The adoption of emergency rules authorized by | ||||||
23 | this subsection (j) shall be deemed to be necessary for the | ||||||
24 | public interest, safety, and welfare. | ||||||
25 | (k) Each organization gaming licensee who obtains gaming | ||||||
26 | positions must make a reconciliation payment 3 years after the |
| |||||||
| |||||||
1 | date the organization gaming licensee begins operating the | ||||||
2 | positions in an amount equal to 75% of the difference between | ||||||
3 | its adjusted gross receipts from gaming authorized under this | ||||||
4 | Section and amounts paid to its purse accounts pursuant to | ||||||
5 | item (1) of subsection (b) of Section 56 of the Illinois Horse | ||||||
6 | Racing Act of 1975 for the 12-month period for which such | ||||||
7 | difference was the largest, minus an amount equal to the | ||||||
8 | initial per position fee paid by the organization gaming | ||||||
9 | licensee. If this calculation results in a negative amount, | ||||||
10 | then the organization gaming licensee is not entitled to any | ||||||
11 | reimbursement of fees previously paid. This reconciliation | ||||||
12 | payment may be made in installments over a period of no more | ||||||
13 | than 6 years. | ||||||
14 | All payments by licensees under this subsection (k) shall | ||||||
15 | be deposited into the Rebuild Illinois Projects Fund. | ||||||
16 | (l) As soon as practical after a request is made by the | ||||||
17 | Illinois Gaming Board, to minimize duplicate submissions by | ||||||
18 | the applicant, the Illinois Racing Board must provide | ||||||
19 | information on an applicant for an organization gaming license | ||||||
20 | to the Illinois Gaming Board. | ||||||
21 | (Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19; | ||||||
22 | 101-648, eff. 6-30-20; 102-538, eff. 8-20-21.) | ||||||
23 | (230 ILCS 10/22) (from Ch. 120, par. 2422) | ||||||
24 | Sec. 22. Criminal history record information. Whenever the | ||||||
25 | Board is authorized or required by law , including, but not |
| |||||||
| |||||||
1 | limited to, requirements under Sections 6, 7, 7.4, 7.7, and 9 | ||||||
2 | of this Act, to consider some aspect of criminal history | ||||||
3 | record information for the purpose of carrying out its | ||||||
4 | statutory powers and responsibilities, the Board shall, in the | ||||||
5 | form and manner required by the Illinois State Police and the | ||||||
6 | Federal Bureau of Investigation, cause to be conducted a | ||||||
7 | criminal history record investigation to obtain any | ||||||
8 | information currently or thereafter contained in the files of | ||||||
9 | the Illinois State Police or the Federal Bureau of | ||||||
10 | Investigation, including, but not limited to, civil, criminal, | ||||||
11 | and latent fingerprint databases. To facilitate this | ||||||
12 | investigation, the Board shall direct each Each applicant for | ||||||
13 | occupational licensing under sections 6, 7, 7.4, 7.7, and | ||||||
14 | Section 9 or key person as defined by the Board in | ||||||
15 | administrative rules to shall submit his or her fingerprints | ||||||
16 | to the Illinois State Police in the form and manner prescribed | ||||||
17 | by the Illinois State Police. These fingerprints shall be | ||||||
18 | checked against the fingerprint records now and hereafter | ||||||
19 | filed in the Illinois State Police and Federal Bureau of | ||||||
20 | Investigation criminal history records databases, including, | ||||||
21 | but not limited to, civil, criminal, and latent fingerprint | ||||||
22 | databases. The Illinois State Police shall charge a fee for | ||||||
23 | conducting the criminal history records check, which shall be | ||||||
24 | deposited in the State Police Services Fund and shall not | ||||||
25 | exceed the actual cost of the records check. The Illinois | ||||||
26 | State Police shall provide, on the Board's request, |
| |||||||
| |||||||
1 | information concerning any criminal charges, and their | ||||||
2 | disposition, currently or thereafter filed against any | ||||||
3 | applicant, key person, or holder of any license or for | ||||||
4 | determinations of suitability. Information obtained as a | ||||||
5 | result of an investigation under this Section shall be used in | ||||||
6 | determining eligibility for any license. Upon request and | ||||||
7 | payment of fees in conformance with the requirements of | ||||||
8 | Section 2605-400 of the Illinois State Police Law, the | ||||||
9 | Illinois State Police is authorized to furnish, pursuant to | ||||||
10 | positive identification, such information contained in State | ||||||
11 | files as is necessary to fulfill the request. | ||||||
12 | (Source: P.A. 101-597, eff. 12-6-19; 102-538, eff. 8-20-21.) | ||||||
13 | Section 50. The Firearm Owners Identification Card Act is | ||||||
14 | amended by changing Section 5 as follows | ||||||
15 | (430 ILCS 65/5) (from Ch. 38, par. 83-5) | ||||||
16 | Sec. 5. Application and renewal. | ||||||
17 | (a) The Illinois State Police shall either approve or deny | ||||||
18 | all applications within 30 days from the date they are | ||||||
19 | received, except as provided in subsections (b) and (c), and | ||||||
20 | every applicant found qualified under Section 8 of this Act by | ||||||
21 | the Illinois State Police shall be entitled to a Firearm | ||||||
22 | Owner's Identification Card upon the payment of a $10 fee and | ||||||
23 | applicable processing fees. The processing fees shall be | ||||||
24 | limited to charges by the State Treasurer for using the |
| |||||||
| |||||||
1 | electronic online payment system. Any applicant who is an | ||||||
2 | active duty member of the Armed Forces of the United States, a | ||||||
3 | member of the Illinois National Guard, or a member of the | ||||||
4 | Reserve Forces of the United States is exempt from the | ||||||
5 | application fee. $5 of each fee derived from the issuance of a | ||||||
6 | Firearm Owner's Identification Card or renewals thereof shall | ||||||
7 | be deposited in the State Police Firearm Services Fund and $5 | ||||||
8 | into the State Police Firearm Revocation Enforcement Fund. | ||||||
9 | (b) Renewal applications shall be approved or denied | ||||||
10 | within 60 business days, provided the applicant submitted his | ||||||
11 | or her renewal application prior to the expiration of his or | ||||||
12 | her Firearm Owner's Identification Card. If a renewal | ||||||
13 | application has been submitted prior to the expiration date of | ||||||
14 | the applicant's Firearm Owner's Identification Card, the | ||||||
15 | Firearm Owner's Identification Card shall remain valid while | ||||||
16 | the Illinois State Police processes the application, unless | ||||||
17 | the person is subject to or becomes subject to revocation | ||||||
18 | under this Act. The cost for a renewal application shall be $10 | ||||||
19 | and may include applicable processing fees, which shall be | ||||||
20 | limited to charges by the State Treasurer for using the | ||||||
21 | electronic online payment system, which shall be deposited | ||||||
22 | into the State Police Firearm Services Fund. | ||||||
23 | (c) If the Firearm Owner's Identification Card of a | ||||||
24 | licensee under the Firearm Concealed Carry Act expires during | ||||||
25 | the term of the licensee's concealed carry license, the | ||||||
26 | Firearm Owner's Identification Card and the license remain |
| |||||||
| |||||||
1 | valid and the licensee does not have to renew his or her | ||||||
2 | Firearm Owner's Identification Card during the duration of the | ||||||
3 | concealed carry license. Unless the Illinois State Police has | ||||||
4 | reason to believe the licensee is no longer eligible for the | ||||||
5 | card, the Illinois State Police may automatically renew the | ||||||
6 | licensee's Firearm Owner's Identification Card and send a | ||||||
7 | renewed Firearm Owner's Identification Card to the licensee. | ||||||
8 | (d) The Illinois State Police may adopt rules concerning | ||||||
9 | the use of voluntarily submitted fingerprints, as allowed by | ||||||
10 | State and federal law. | ||||||
11 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
12 | 102-813, eff. 5-13-22.) | ||||||
13 | Section 55. The Criminal Code of 2012 is amended by | ||||||
14 | changing Sections 29B-7 and 29B-12 as follows: | ||||||
15 | (720 ILCS 5/29B-7) | ||||||
16 | Sec. 29B-7. Safekeeping of seized property pending | ||||||
17 | disposition. | ||||||
18 | (a) If property is seized under this Article, the seizing | ||||||
19 | agency shall promptly conduct an inventory of the seized | ||||||
20 | property and estimate the property's value and shall forward a | ||||||
21 | copy of the inventory of seized property and the estimate of | ||||||
22 | the property's value to the Director. Upon receiving notice of | ||||||
23 | seizure, the Director may: | ||||||
24 | (1) place the property under seal; |
| |||||||
| |||||||
1 | (2) remove the property to a place designated by the | ||||||
2 | Director; | ||||||
3 | (3) keep the property in the possession of the seizing | ||||||
4 | agency; | ||||||
5 | (4) remove the property to a storage area for | ||||||
6 | safekeeping or, if the property is a negotiable instrument | ||||||
7 | or money and is not needed for evidentiary purposes, | ||||||
8 | deposit it in an interest bearing account; | ||||||
9 | (5) place the property under constructive seizure by | ||||||
10 | posting notice of pending forfeiture on it, by giving | ||||||
11 | notice of pending forfeiture to its owners and interest | ||||||
12 | holders, or by filing notice of pending forfeiture in any | ||||||
13 | appropriate public record relating to the property; or | ||||||
14 | (6) provide for another agency or custodian, including | ||||||
15 | an owner, secured party, or lienholder, to take custody of | ||||||
16 | the property upon the terms and conditions set by the | ||||||
17 | Director. | ||||||
18 | (b) When property is forfeited under this Article, the | ||||||
19 | Director or the Director's designee shall sell all the | ||||||
20 | property unless the property is required by law to be | ||||||
21 | destroyed or is harmful to the public and shall distribute the | ||||||
22 | proceeds of the sale, together with any moneys forfeited or | ||||||
23 | seized, under Section 29B-26 of this Article. | ||||||
24 | (Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) | ||||||
25 | (720 ILCS 5/29B-12) |
| |||||||
| |||||||
1 | Sec. 29B-12. Non-judicial forfeiture. If non-real | ||||||
2 | property that exceeds $20,000 in value excluding the value of | ||||||
3 | any conveyance, or if real property is seized under the | ||||||
4 | provisions of this Article, the State's Attorney shall | ||||||
5 | institute judicial in rem forfeiture proceedings as described | ||||||
6 | in Section 29B-13 of this Article within 28 days from receipt | ||||||
7 | of notice of seizure from the seizing agency under Section | ||||||
8 | 29B-8 of this Article. However, if non-real property that does | ||||||
9 | not exceed $20,000 in value excluding the value of any | ||||||
10 | conveyance is seized, the following procedure shall be used: | ||||||
11 | (1) If, after review of the facts surrounding the | ||||||
12 | seizure, the State's Attorney is of the opinion that the | ||||||
13 | seized property is subject to forfeiture, then, within 28 | ||||||
14 | days after the receipt of notice of seizure from the | ||||||
15 | seizing agency, the State's Attorney shall cause notice of | ||||||
16 | pending forfeiture to be given to the owner of the | ||||||
17 | property and all known interest holders of the property in | ||||||
18 | accordance with Section 29B-10 of this Article. | ||||||
19 | (2) The notice of pending forfeiture shall include a | ||||||
20 | description of the property, the estimated value of the | ||||||
21 | property, the date and place of seizure, the conduct | ||||||
22 | giving rise to forfeiture or the violation of law alleged, | ||||||
23 | and a summary of procedures and procedural rights | ||||||
24 | applicable to the forfeiture action. | ||||||
25 | (3)(A) Any person claiming an interest in property | ||||||
26 | that is the subject of notice under paragraph (1) of this |
| |||||||
| |||||||
1 | Section, must, in order to preserve any rights or claims | ||||||
2 | to the property, within 45 days after the effective date | ||||||
3 | of notice as described in Section 29B-10 of this Article, | ||||||
4 | file a verified claim with the State's Attorney expressing | ||||||
5 | his or her interest in the property. The claim shall set | ||||||
6 | forth: | ||||||
7 | (i) the caption of the proceedings as set forth on | ||||||
8 | the notice of pending forfeiture and the name of the | ||||||
9 | claimant; | ||||||
10 | (ii) the address at which the claimant will accept | ||||||
11 | mail; | ||||||
12 | (iii) the nature and extent of the claimant's | ||||||
13 | interest in the property; | ||||||
14 | (iv) the date, identity of the transferor, and | ||||||
15 | circumstances of the claimant's acquisition of the | ||||||
16 | interest in the property; | ||||||
17 | (v) the names and addresses of all other persons | ||||||
18 | known to have an interest in the property; | ||||||
19 | (vi) the specific provision of law relied on in | ||||||
20 | asserting the property is not subject to forfeiture; | ||||||
21 | (vii) all essential facts supporting each | ||||||
22 | assertion; and | ||||||
23 | (viii) the relief sought. | ||||||
24 | (B) If a claimant files the claim, then the State's | ||||||
25 | Attorney shall institute judicial in rem forfeiture | ||||||
26 | proceedings with the clerk of the court as described in |
| |||||||
| |||||||
1 | Section 29B-13 of this Article within 28 days after | ||||||
2 | receipt of the claim. | ||||||
3 | (4) If no claim is filed within the 28-day period as | ||||||
4 | described in paragraph (3) of this Section, the State's | ||||||
5 | Attorney shall declare the property forfeited and shall | ||||||
6 | promptly notify the owner and all known interest holders | ||||||
7 | of the property and the Director of the Illinois State | ||||||
8 | Police of the declaration of forfeiture and the Director | ||||||
9 | or the Director's designee shall dispose of the property | ||||||
10 | in accordance with law. | ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
12 | Section 60. The Drug Asset Forfeiture Procedure Act is | ||||||
13 | amended by changing Section 6 as follows: | ||||||
14 | (725 ILCS 150/6) (from Ch. 56 1/2, par. 1676) | ||||||
15 | Sec. 6. Non-judicial forfeiture. If non-real property that | ||||||
16 | exceeds $150,000 in value excluding the value of any | ||||||
17 | conveyance, or if real property is seized under the provisions | ||||||
18 | of the Illinois Controlled Substances Act, the Cannabis | ||||||
19 | Control Act, or the Methamphetamine Control and Community | ||||||
20 | Protection Act, the State's Attorney shall institute judicial | ||||||
21 | in rem forfeiture proceedings as described in Section 9 of | ||||||
22 | this Act within 28 days from receipt of notice of seizure from | ||||||
23 | the seizing agency under Section 5 of this Act. However, if | ||||||
24 | non-real property that does not exceed $150,000 in value |
| |||||||
| |||||||
1 | excluding the value of any conveyance is seized, the following | ||||||
2 | procedure shall be used: | ||||||
3 | (A) If, after review of the facts surrounding the | ||||||
4 | seizure, the State's Attorney is of the opinion that the | ||||||
5 | seized property is subject to forfeiture, then, within 28 | ||||||
6 | days of the receipt of notice of seizure from the seizing | ||||||
7 | agency, the State's Attorney shall cause notice of pending | ||||||
8 | forfeiture to be given to the owner of the property and all | ||||||
9 | known interest holders of the property in accordance with | ||||||
10 | Section 4 of this Act. | ||||||
11 | (B) The notice of pending forfeiture must include a | ||||||
12 | description of the property, the estimated value of the | ||||||
13 | property, the date and place of seizure, the conduct | ||||||
14 | giving rise to forfeiture or the violation of law alleged, | ||||||
15 | and a summary of procedures and procedural rights | ||||||
16 | applicable to the forfeiture action. | ||||||
17 | (C)(1) Any person claiming an interest in property | ||||||
18 | which is the subject of notice under subsection (A) of | ||||||
19 | this Section may, within 45 days after the effective date | ||||||
20 | of notice as described in Section 4 of this Act, file a | ||||||
21 | verified claim with the State's Attorney expressing his or | ||||||
22 | her interest in the property. The claim must set forth: | ||||||
23 | (i) the caption of the proceedings as set forth on | ||||||
24 | the notice of pending forfeiture and the name of the | ||||||
25 | claimant; | ||||||
26 | (ii) the address at which the claimant will accept |
| |||||||
| |||||||
1 | mail; | ||||||
2 | (iii) the nature and extent of the claimant's | ||||||
3 | interest in the property; | ||||||
4 | (iv) the date, identity of the transferor, and | ||||||
5 | circumstances of the claimant's acquisition of the | ||||||
6 | interest in the property; | ||||||
7 | (v) the names and addresses of all other persons | ||||||
8 | known to have an interest in the property; | ||||||
9 | (vi) the specific provision of law relied on in | ||||||
10 | asserting the property is not subject to forfeiture; | ||||||
11 | (vii) all essential facts supporting each | ||||||
12 | assertion; and | ||||||
13 | (viii) the relief sought. | ||||||
14 | (2) If a claimant files the claim then the State's | ||||||
15 | Attorney shall institute judicial in rem forfeiture | ||||||
16 | proceedings within 28 days after receipt of the claim. | ||||||
17 | (D) If no claim is filed within the 45-day period as | ||||||
18 | described in subsection (C) of this Section, the State's | ||||||
19 | Attorney shall declare the property forfeited and shall | ||||||
20 | promptly notify the owner and all known interest holders | ||||||
21 | of the property and the Director of the Illinois State | ||||||
22 | Police of the declaration of forfeiture and the Director | ||||||
23 | or the Director's designee shall dispose of the property | ||||||
24 | in accordance with law. | ||||||
25 | (Source: P.A. 102-538, eff. 8-20-21.) |
| |||||||
| |||||||
1 | Section 65. The Unified Code of Corrections is amended by | ||||||
2 | changing Section 5-5.5-5 as follows: | ||||||
3 | (730 ILCS 5/5-5.5-5) | ||||||
4 | Sec. 5-5.5-5. Definition. In this Article, "eligible | ||||||
5 | offender" means a person who has been convicted of a crime in | ||||||
6 | this State or of an offense in any other jurisdiction that does | ||||||
7 | not include any offense or attempted offense that would | ||||||
8 | subject a person to registration under the Sex Offender | ||||||
9 | Registration Act , the Arsonist Registration Act, or the | ||||||
10 | Murderer and Violent Offender Against Youth Registration Act. | ||||||
11 | "Eligible offender" does not include a person who has been | ||||||
12 | convicted of arson, aggravated arson, kidnapping, aggravated | ||||||
13 | kidnaping, aggravated driving under the influence of alcohol, | ||||||
14 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
15 | any combination thereof, or aggravated domestic battery. | ||||||
16 | (Source: P.A. 99-381, eff. 1-1-16; 99-642, eff. 7-28-16.) | ||||||
17 | Section 70. The Arsonist Registration Act is amended by | ||||||
18 | changing Sections 1, 5, 10, 15, 60, and 75 as follows: | ||||||
19 | (730 ILCS 148/1) | ||||||
20 | Sec. 1. Short title. This Act may be cited as the Arsonist | ||||||
21 | Registry Registration Act. | ||||||
22 | (Source: P.A. 93-949, eff. 1-1-05.) |
| |||||||
| |||||||
1 | (730 ILCS 148/5) | ||||||
2 | Sec. 5. Definitions. In this Act: | ||||||
3 | (a) "Arsonist" means any person who is: | ||||||
4 | (1) charged under Illinois law, or any substantially | ||||||
5 | similar federal, Uniform Code of Military Justice, sister | ||||||
6 | state, or foreign country law, with an arson offense, set | ||||||
7 | forth in subsection (b) of this Section or the attempt to | ||||||
8 | commit an included arson offense, and: | ||||||
9 | (i) is convicted of such offense or an attempt to | ||||||
10 | commit such offense; or | ||||||
11 | (ii) is found not guilty by reason of insanity of | ||||||
12 | such offense or an attempt to commit such offense; or | ||||||
13 | (iii) is found not guilty by reason of insanity | ||||||
14 | under subsection (c) of Section 104-25 of the Code of | ||||||
15 | Criminal Procedure of 1963 of such offense or an | ||||||
16 | attempt to commit such offense; or | ||||||
17 | (iv) is the subject of a finding not resulting in | ||||||
18 | an acquittal at a hearing conducted under subsection | ||||||
19 | (a) of Section 104-25 of the Code of Criminal | ||||||
20 | Procedure of 1963 for the alleged commission or | ||||||
21 | attempted commission of such offense; or | ||||||
22 | (v) is found not guilty by reason of insanity | ||||||
23 | following a hearing conducted under a federal, Uniform | ||||||
24 | Code of Military Justice, sister state, or foreign | ||||||
25 | country law substantially similar to subsection (c) of | ||||||
26 | Section 104-25 of the Code of Criminal Procedure of |
| |||||||
| |||||||
1 | 1963 of such offense or of the attempted commission of | ||||||
2 | such offense; or | ||||||
3 | (vi) is the subject of a finding not resulting in | ||||||
4 | an acquittal at a hearing conducted under a federal, | ||||||
5 | Uniform Code of Military Justice, sister state, or | ||||||
6 | foreign country law substantially similar to | ||||||
7 | subsection (a) of Section 104-25 of the Code of | ||||||
8 | Criminal Procedure of 1963 for the alleged violation | ||||||
9 | or attempted commission of such offense; | ||||||
10 | (2) a minor who has been tried and convicted in an | ||||||
11 | adult criminal prosecution as the result of committing or | ||||||
12 | attempting to commit an offense specified in subsection | ||||||
13 | (b) of this Section or a violation of any substantially | ||||||
14 | similar federal, Uniform Code of Military Justice, sister | ||||||
15 | state, or foreign country law. Convictions that result | ||||||
16 | from or are connected with the same act, or result from | ||||||
17 | offenses committed at the same time, shall be counted for | ||||||
18 | the purpose of this Act as one conviction. Any conviction | ||||||
19 | set aside under law is not a conviction for purposes of | ||||||
20 | this Act. | ||||||
21 | (b) "Arson offense" means: | ||||||
22 | (1) A conviction violation of any of the following | ||||||
23 | Sections of the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012: | ||||||
25 | (i) 20-1 (arson; residential arson; place of | ||||||
26 | worship arson), |
| |||||||
| |||||||
1 | (ii) 20-1.1 (aggravated arson), | ||||||
2 | (iii) 20-1(b) or 20-1.2 (residential arson), | ||||||
3 | (iv) 20-1(b-5) or 20-1.3 (place of worship arson), | ||||||
4 | (v) 20-2 (possession of explosives or explosive or | ||||||
5 | incendiary devices), or | ||||||
6 | (vi) An attempt to commit any of the offenses | ||||||
7 | listed in clauses (i) through (v). | ||||||
8 | (2) A violation of any former law of this State | ||||||
9 | substantially equivalent to any offense listed in | ||||||
10 | subsection (b) of this Section. | ||||||
11 | (c) A conviction for an offense of federal law, Uniform | ||||||
12 | Code of Military Justice, or the law of another state or a | ||||||
13 | foreign country that is substantially equivalent to any | ||||||
14 | offense listed in subsection (b) of this Section shall | ||||||
15 | constitute a conviction for the purpose of this Act. | ||||||
16 | (d) "Law enforcement agency having jurisdiction" means the | ||||||
17 | Chief of Police in each of the municipalities in which the | ||||||
18 | arsonist expects to reside, work, or attend school (1) upon | ||||||
19 | his or her discharge, parole or release or (2) during the | ||||||
20 | service of his or her sentence of probation or conditional | ||||||
21 | discharge, or the Sheriff of the county, in the event no Police | ||||||
22 | Chief exists or if the offender intends to reside, work, or | ||||||
23 | attend school in an unincorporated area. "Law enforcement | ||||||
24 | agency having jurisdiction" includes the location where | ||||||
25 | out-of-state students attend school and where out-of-state | ||||||
26 | employees are employed or are otherwise required to register. |
| |||||||
| |||||||
1 | (e) "Out-of-state student" means any arsonist, as defined | ||||||
2 | in this Section, who is enrolled in Illinois, on a full-time or | ||||||
3 | part-time basis, in any public or private educational | ||||||
4 | institution, including, but not limited to, any secondary | ||||||
5 | school, trade or professional institution, or institution of | ||||||
6 | higher learning. | ||||||
7 | (f) "Out-of-state employee" means any arsonist, as defined | ||||||
8 | in this Section, who works in Illinois, regardless of whether | ||||||
9 | the individual receives payment for services performed, for a | ||||||
10 | period of time of 10 or more days or for an aggregate period of | ||||||
11 | time of 30 or more days during any calendar year. Persons who | ||||||
12 | operate motor vehicles in the State accrue one day of | ||||||
13 | employment time for any portion of a day spent in Illinois. | ||||||
14 | (g) "I-CLEAR" means the Illinois Citizens and Law | ||||||
15 | Enforcement Analysis and Reporting System. | ||||||
16 | (Source: P.A. 99-78, eff. 7-20-15.) | ||||||
17 | (730 ILCS 148/10) | ||||||
18 | Sec. 10. Statewide Arsonist Database Duty to register . | ||||||
19 | (a) The Illinois State Police shall establish and maintain | ||||||
20 | a Statewide Arsonist Database for the purpose of identifying | ||||||
21 | arsonists and making that information available to law | ||||||
22 | enforcement and the general public. For every person convicted | ||||||
23 | of a violation of an arson offense on or after the effective | ||||||
24 | date of this amendatory Act of the 103rd General Assembly, the | ||||||
25 | Statewide Arsonist Database shall contain information relating |
| |||||||
| |||||||
1 | to each arsonist. The information may include the arsonist's | ||||||
2 | name, date of birth, offense or offenses requiring inclusion | ||||||
3 | in the Statewide Arsonist Database, the conviction date and | ||||||
4 | county of each such offense, and such other identifying | ||||||
5 | information as the Illinois State Police deems necessary to | ||||||
6 | identify the arsonist, but shall not include the social | ||||||
7 | security number of the arsonist. The registry may include a | ||||||
8 | photograph of the arsonist. | ||||||
9 | (b) The Illinois State Police and State Fire Marshal must | ||||||
10 | make the information contained in the Statewide Arsonist | ||||||
11 | Database accessible on the Internet by means of a hyperlink | ||||||
12 | labeled "Statewide Arsonist Information" on their World Wide | ||||||
13 | Web home page. The Illinois State Police must update that | ||||||
14 | information as it deems necessary. | ||||||
15 | (c) The Illinois State Police may adopt rules in | ||||||
16 | accordance with the Illinois Administrative Procedure Act to | ||||||
17 | implement this Section and those rules must include procedures | ||||||
18 | to ensure that the information in the database is accurate, | ||||||
19 | and that the information in the database reflects any changes | ||||||
20 | based on the reversal of a conviction for an offense requiring | ||||||
21 | inclusion in the Statewide Arsonist Database, or a court order | ||||||
22 | requiring the sealing or expungement of records relating to | ||||||
23 | the offense. A certified copy of such an order shall be deemed | ||||||
24 | prima facie true and correct and shall be sufficient to | ||||||
25 | require the immediate amendment or removal of any person's | ||||||
26 | information from the Statewide Arsonist Database by the |
| |||||||
| |||||||
1 | Illinois State Police. | ||||||
2 | An arsonist shall, within the time period prescribed in | ||||||
3 | subsections (b) and (c), register in person and provide | ||||||
4 | accurate information as required by the Illinois State Police. | ||||||
5 | Such information shall include current address, current place | ||||||
6 | of employment, and school attended. The arsonist shall | ||||||
7 | register: | ||||||
8 | (1) with the chief of police in each of the | ||||||
9 | municipalities in which he or she attends school, is | ||||||
10 | employed, resides or is temporarily domiciled for a period | ||||||
11 | of time of 10 or more days, unless the municipality is the | ||||||
12 | City of Chicago, in which case he or she shall register at | ||||||
13 | a fixed location designated by the Superintendent of the | ||||||
14 | Chicago Police Department; or | ||||||
15 | (2) with the sheriff in each of the counties in which | ||||||
16 | he or she attends school, is employed, resides or is | ||||||
17 | temporarily domiciled in an unincorporated area or, if | ||||||
18 | incorporated, no police chief exists. For purposes of this | ||||||
19 | Act, the place of residence or temporary domicile is | ||||||
20 | defined as any and all places where the arsonist resides | ||||||
21 | for an aggregate period of time of 10 or more days during | ||||||
22 | any calendar year. The arsonist shall provide accurate | ||||||
23 | information as required by the Illinois State Police. That | ||||||
24 | information shall include the arsonist's current place of | ||||||
25 | employment. | ||||||
26 | (a-5) An out-of-state student or out-of-state employee |
| |||||||
| |||||||
1 | shall, within 10 days after beginning school or employment in | ||||||
2 | this State, register in person and provide accurate | ||||||
3 | information as required by the Illinois State Police. Such | ||||||
4 | information must include current place of employment, school | ||||||
5 | attended, and address in state of residence: | ||||||
6 | (1) with the chief of police in each of the | ||||||
7 | municipalities in which he or she attends school or is | ||||||
8 | employed for a period of time of 10 or more days or for an | ||||||
9 | aggregate period of time of more than 30 days during any | ||||||
10 | calendar year, unless the municipality is the City of | ||||||
11 | Chicago, in which case he or she shall register at a fixed | ||||||
12 | location designated by the Superintendent of the Chicago | ||||||
13 | Police Department; or | ||||||
14 | (2) with the sheriff in each of the counties in which | ||||||
15 | he or she attends school or is employed for a period of | ||||||
16 | time of 10 or more days or for an aggregate period of time | ||||||
17 | of more than 30 days during any calendar year in an | ||||||
18 | unincorporated area or, if incorporated, no police chief | ||||||
19 | exists. The out-of-state student or out-of-state employee | ||||||
20 | shall provide accurate information as required by the | ||||||
21 | Illinois State Police. That information shall include the | ||||||
22 | out-of-state student's current place of school attendance | ||||||
23 | or the out-of-state employee's current place of | ||||||
24 | employment. | ||||||
25 | (b) An arsonist as defined in Section 5 of this Act, | ||||||
26 | regardless of any initial, prior, or other registration, |
| |||||||
| |||||||
1 | shall, within 10 days of beginning school, or establishing a | ||||||
2 | residence, place of employment, or temporary domicile in any | ||||||
3 | county, register in person as set forth in subsection (a) or | ||||||
4 | (a-5). | ||||||
5 | (c) The registration for any person required to register | ||||||
6 | under this Act shall be as follows: | ||||||
7 | (1) Except as provided in paragraph (3) of this | ||||||
8 | subsection (c), any person who has not been notified of | ||||||
9 | his or her responsibility to register shall be notified by | ||||||
10 | a criminal justice entity of his or her responsibility to | ||||||
11 | register. Upon notification the person must then register | ||||||
12 | within 10 days of notification of his or her requirement | ||||||
13 | to register. If notification is not made within the | ||||||
14 | offender's 10 year registration requirement, and the | ||||||
15 | Illinois State Police determines no evidence exists or | ||||||
16 | indicates the offender attempted to avoid registration, | ||||||
17 | the offender will no longer be required to register under | ||||||
18 | this Act. | ||||||
19 | (2) Except as provided in paragraph (3) of this | ||||||
20 | subsection (c), any person convicted on or after the | ||||||
21 | effective date of this Act shall register in person within | ||||||
22 | 10 days after the entry of the sentencing order based upon | ||||||
23 | his or her conviction. | ||||||
24 | (3) Any person unable to comply with the registration | ||||||
25 | requirements of this Act because he or she is confined, | ||||||
26 | institutionalized, or imprisoned in Illinois on or after |
| |||||||
| |||||||
1 | the effective date of this Act shall register in person | ||||||
2 | within 10 days of discharge, parole or release. | ||||||
3 | (4) The person shall provide positive identification | ||||||
4 | and documentation that substantiates proof of residence at | ||||||
5 | the registering address. | ||||||
6 | (5) The person shall pay a $10 initial registration | ||||||
7 | fee and a $5 annual renewal fee. The fees shall be used by | ||||||
8 | the registering agency for official purposes. The agency | ||||||
9 | shall establish procedures to document receipt and use of | ||||||
10 | the funds. The law enforcement agency having jurisdiction | ||||||
11 | may waive the registration fee if it determines that the | ||||||
12 | person is indigent and unable to pay the registration fee. | ||||||
13 | (d) Within 10 days after obtaining or changing employment, | ||||||
14 | a person required to register under this Section must report, | ||||||
15 | in person or in writing to the law enforcement agency having | ||||||
16 | jurisdiction, the business name and address where he or she is | ||||||
17 | employed. If the person has multiple businesses or work | ||||||
18 | locations, every business and work location must be reported | ||||||
19 | to the law enforcement agency having jurisdiction. | ||||||
20 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
21 | (730 ILCS 148/15) | ||||||
22 | Sec. 15. Conviction information Discharge of arsonist from | ||||||
23 | penal institution . | ||||||
24 | (a) Within 60 days after the effective date of this | ||||||
25 | amendatory Act of the 103rd General Assembly, each circuit |
| |||||||
| |||||||
1 | clerk shall forward monthly to the Illinois State Police a | ||||||
2 | copy of the judgment for each and all persons convicted of an | ||||||
3 | offense within the definition of arson offense, as defined in | ||||||
4 | Section 5 of this Act, during the previous month. | ||||||
5 | (b) Within 120 days after the effective date of this | ||||||
6 | amendatory Act of the 103rd General Assembly, the Director of | ||||||
7 | Corrections shall forward to the Illinois State Police a list | ||||||
8 | of all persons incarcerated or on mandatory supervised | ||||||
9 | release, who have been convicted of an offense within the | ||||||
10 | definition of arson offense, as defined in Section 5 of this | ||||||
11 | Act. Any arsonist who is discharged, paroled or released from | ||||||
12 | a Department of Corrections facility, a facility where such | ||||||
13 | person was placed by the Department of Corrections or another | ||||||
14 | penal institution, and whose liability for registration has | ||||||
15 | not terminated under Section 45 shall, within 10 days prior to | ||||||
16 | discharge, parole, or release from the facility or | ||||||
17 | institution, be informed of his or her duty to register in | ||||||
18 | person under this Act by the facility or institution in which | ||||||
19 | he or she was confined. The facility or institution shall also | ||||||
20 | inform any person who must register that if he or she | ||||||
21 | establishes a residence outside of the State of Illinois, is | ||||||
22 | employed outside of the State of Illinois, or attends school | ||||||
23 | outside of the State of Illinois, he or she must register in | ||||||
24 | the new state within 10 days after establishing the residence, | ||||||
25 | beginning employment, or beginning school. The facility shall | ||||||
26 | require the person to read and sign such form as may be |
| |||||||
| |||||||
1 | required by the Illinois State Police stating that the duty to | ||||||
2 | register and the procedure for registration has been explained | ||||||
3 | to him or her and that he or she understands the duty to | ||||||
4 | register and the procedure for registration. The facility | ||||||
5 | shall further advise the person in writing that the failure to | ||||||
6 | register or other violation of this Act shall result in | ||||||
7 | revocation of parole, mandatory supervised release or | ||||||
8 | conditional release. The facility shall obtain information | ||||||
9 | about where the person expects to reside, work, and attend | ||||||
10 | school upon his or her discharge, parole or release and shall | ||||||
11 | report the information to the Illinois State Police. The | ||||||
12 | facility shall give one copy of the form to the person and | ||||||
13 | shall send one copy to each of the law enforcement agencies | ||||||
14 | having jurisdiction where the person expects to reside, work, | ||||||
15 | and attend school upon his or her discharge, parole or release | ||||||
16 | and retain one copy for the files. Electronic data files that | ||||||
17 | include all notification form information and photographs of | ||||||
18 | arsonists being released from an Illinois Department of | ||||||
19 | Corrections facility shall be shared on a regular basis as | ||||||
20 | determined between the Illinois State Police and the | ||||||
21 | Department of Corrections. | ||||||
22 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
23 | (730 ILCS 148/60) | ||||||
24 | Sec. 60. Public inspection of registry registration data . | ||||||
25 | (a) Except as otherwise provided in subsection (b), the |
| |||||||
| |||||||
1 | statements or any other information required by this Act shall | ||||||
2 | not be open to inspection by the public, or by any person other | ||||||
3 | than by a law enforcement officer or other individual as may be | ||||||
4 | authorized by law and shall include law enforcement agencies | ||||||
5 | of this State, any other state, or of the federal government. | ||||||
6 | Similar information may be requested from any law enforcement | ||||||
7 | agency of another state or of the federal government for | ||||||
8 | purposes of this Act. It is a Class B misdemeanor to permit the | ||||||
9 | unauthorized release of any information required by this Act. | ||||||
10 | (b) The Illinois State Police shall furnish to the Office | ||||||
11 | of the State Fire Marshal the registry registration | ||||||
12 | information concerning persons covered who are required to | ||||||
13 | register under this Act. The Office of the State Fire Marshal | ||||||
14 | shall establish and maintain a Statewide Arsonist Database for | ||||||
15 | the purpose of making that information available to the public | ||||||
16 | on the Internet by means of a hyperlink labeled "Arsonist | ||||||
17 | Information" on the Office of the State Fire Marshal's | ||||||
18 | website. | ||||||
19 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
20 | (730 ILCS 148/75) | ||||||
21 | Sec. 75. Access to State of Illinois databases. The | ||||||
22 | Illinois State Police shall have access to State of Illinois | ||||||
23 | databases containing information that may help in the | ||||||
24 | identification or location of persons covered required to | ||||||
25 | register under this Act. Interagency agreements shall be |
| |||||||
| |||||||
1 | implemented, consistent with security and procedures | ||||||
2 | established by the State agency and consistent with the laws | ||||||
3 | governing the confidentiality of the information in the | ||||||
4 | databases. Information shall be used only for administration | ||||||
5 | of this Act. | ||||||
6 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
7 | (730 ILCS 148/20 rep.) | ||||||
8 | (730 ILCS 148/25 rep.) | ||||||
9 | (730 ILCS 148/30 rep.) | ||||||
10 | (730 ILCS 148/35 rep.) | ||||||
11 | (730 ILCS 148/40 rep.) | ||||||
12 | (730 ILCS 148/45 rep.) | ||||||
13 | (730 ILCS 148/50 rep.) | ||||||
14 | (730 ILCS 148/55 rep.) | ||||||
15 | (730 ILCS 148/65 rep.) | ||||||
16 | (730 ILCS 148/70 rep.) | ||||||
17 | (730 ILCS 148/80 rep.) | ||||||
18 | Section 75. The Arsonist Registration Act is amended by | ||||||
19 | repealing Sections 20, 25, 30, 35, 40, 45, 50, 55, 65, 70, and | ||||||
20 | 80. | ||||||
21 | Section 80. The Code of Civil Procedure is amended by | ||||||
22 | changing Sections 21-101 and 21-102 as follows: | ||||||
23 | (735 ILCS 5/21-101) (from Ch. 110, par. 21-101) |
| |||||||
| |||||||
1 | Sec. 21-101. Proceedings; parties. | ||||||
2 | (a) If any person who is a resident of this State and has | ||||||
3 | resided in this State for 6 months desires to change his or her | ||||||
4 | name and to assume another name by which to be afterwards | ||||||
5 | called and known, the person may file a petition requesting | ||||||
6 | that relief in the circuit court of the county wherein he or | ||||||
7 | she resides. | ||||||
8 | (b) A person who has been convicted of any offense for | ||||||
9 | which a person is required to register under the Sex Offender | ||||||
10 | Registration Act or , the Murderer and Violent Offender Against | ||||||
11 | Youth Registration Act , or the Arsonist Registration Act in | ||||||
12 | this State or any other state and who has not been pardoned is | ||||||
13 | not permitted to file a petition for a name change in the | ||||||
14 | courts of this State during the period that the person is | ||||||
15 | required to register, unless that person verifies under oath, | ||||||
16 | as provided under Section 1-109, that the petition for the | ||||||
17 | name change is due to marriage, religious beliefs, status as a | ||||||
18 | victim of trafficking or gender-related identity as defined by | ||||||
19 | the Illinois Human Rights Act. A judge may grant or deny the | ||||||
20 | request for legal name change filed by such persons. Any such | ||||||
21 | persons granted a legal name change shall report the change to | ||||||
22 | the law enforcement agency having jurisdiction of their | ||||||
23 | current registration pursuant to the Duty to Report | ||||||
24 | requirements specified in Section 35 of the Arsonist | ||||||
25 | Registration Act, Section 20 of the Murderer and Violent | ||||||
26 | Offender Against Youth Registration Act , and Section 6 of the |
| |||||||
| |||||||
1 | Sex Offender Registration Act. For the purposes of this | ||||||
2 | subsection, a person will not face a felony charge if the | ||||||
3 | person's request for legal name change is denied without proof | ||||||
4 | of perjury. | ||||||
5 | (b-1) A person who has been convicted of a felony offense | ||||||
6 | in this State or any other state and whose sentence has not | ||||||
7 | been completed, terminated, or discharged is not permitted to | ||||||
8 | file a petition for a name change in the courts of this State | ||||||
9 | unless that person is pardoned for the offense. | ||||||
10 | (c) A petitioner may include his or her spouse and adult | ||||||
11 | unmarried children, with their consent, and his or her minor | ||||||
12 | children where it appears to the court that it is for their | ||||||
13 | best interest, in the petition and relief requested, and the | ||||||
14 | court's order shall then include the spouse and children. | ||||||
15 | Whenever any minor has resided in the family of any person for | ||||||
16 | the space of 3 years and has been recognized and known as an | ||||||
17 | adopted child in the family of that person, the application | ||||||
18 | herein provided for may be made by the person having that minor | ||||||
19 | in his or her family. | ||||||
20 | An order shall be entered as to a minor only if the court | ||||||
21 | finds by clear and convincing evidence that the change is | ||||||
22 | necessary to serve the best interest of the child. In | ||||||
23 | determining the best interest of a minor child under this | ||||||
24 | Section, the court shall consider all relevant factors, | ||||||
25 | including: | ||||||
26 | (1) The wishes of the child's parents and any person |
| |||||||
| |||||||
1 | acting as a parent who has physical custody of the child. | ||||||
2 | (2) The wishes of the child and the reasons for those | ||||||
3 | wishes. The court may interview the child in chambers to | ||||||
4 | ascertain the child's wishes with respect to the change of | ||||||
5 | name. Counsel shall be present at the interview unless | ||||||
6 | otherwise agreed upon by the parties. The court shall | ||||||
7 | cause a court reporter to be present who shall make a | ||||||
8 | complete record of the interview instantaneously to be | ||||||
9 | part of the record in the case. | ||||||
10 | (3) The interaction and interrelationship of the child | ||||||
11 | with his or her parents or persons acting as parents who | ||||||
12 | have physical custody of the child, step-parents, | ||||||
13 | siblings, step-siblings, or any other person who may | ||||||
14 | significantly affect the child's best interest. | ||||||
15 | (4) The child's adjustment to his or her home, school, | ||||||
16 | and community. | ||||||
17 | (d) If it appears to the court that the conditions and | ||||||
18 | requirements under this Article have been complied with and | ||||||
19 | that there is no reason why the relief requested should not be | ||||||
20 | granted, the court, by an order to be entered of record, may | ||||||
21 | direct and provide that the name of that person be changed in | ||||||
22 | accordance with the relief requested in the petition. If the | ||||||
23 | circuit court orders that a name change be granted to a person | ||||||
24 | who has been adjudicated or convicted of a felony or | ||||||
25 | misdemeanor offense under the laws of this State or any other | ||||||
26 | state for which a pardon has not been granted, or has an arrest |
| |||||||
| |||||||
1 | for which a charge has not been filed or a pending charge on a | ||||||
2 | felony or misdemeanor offense, a copy of the order, including | ||||||
3 | a copy of each applicable access and review response, shall be | ||||||
4 | forwarded to the Illinois State Police. The Illinois State | ||||||
5 | Police shall update any criminal history transcript or | ||||||
6 | offender registration of each person 18 years of age or older | ||||||
7 | in the order to include the change of name as well as his or | ||||||
8 | her former name. | ||||||
9 | (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||||||
10 | revised 12-15-23.) | ||||||
11 | (735 ILCS 5/21-102) (from Ch. 110, par. 21-102) | ||||||
12 | Sec. 21-102. Petition; update criminal history transcript. | ||||||
13 | (a) The petition shall be a statewide standardized form | ||||||
14 | approved by the Illinois Supreme Court and shall set forth the | ||||||
15 | name then held, the name sought to be assumed, the residence of | ||||||
16 | the petitioner, the length of time the petitioner has resided | ||||||
17 | in this State, and the state or country of the petitioner's | ||||||
18 | nativity or supposed nativity. The petition shall include a | ||||||
19 | statement, verified under oath as provided under Section 1-109 | ||||||
20 | of this Code, whether or not the petitioner or any other person | ||||||
21 | 18 years of age or older who will be subject to a change of | ||||||
22 | name under the petition if granted: (1) has been adjudicated | ||||||
23 | or convicted of a felony or misdemeanor offense under the laws | ||||||
24 | of this State or any other state for which a pardon has not | ||||||
25 | been granted; or (2) has an arrest for which a charge has not |
| |||||||
| |||||||
1 | been filed or a pending charge on a felony or misdemeanor | ||||||
2 | offense. The petition shall be signed by the person | ||||||
3 | petitioning or, in case of minors, by the parent or guardian | ||||||
4 | having the legal custody of the minor. | ||||||
5 | (b) If the statement provided under subsection (a) of this | ||||||
6 | Section indicates the petitioner or any other person 18 years | ||||||
7 | of age or older who will be subject to a change of name under | ||||||
8 | the petition, if granted, has been adjudicated or convicted of | ||||||
9 | a felony or misdemeanor offense under the laws of this State or | ||||||
10 | any other state for which a pardon has not been granted, or has | ||||||
11 | an arrest for which a charge has not been filed or a pending | ||||||
12 | charge on a felony or misdemeanor offense, the State's | ||||||
13 | Attorney may request the court to or the court may on its own | ||||||
14 | motion, require the person, prior to a hearing on the | ||||||
15 | petition, to initiate an update of his or her criminal history | ||||||
16 | transcript with the Illinois State Police. The Illinois State | ||||||
17 | Police Department shall allow a person to use the Access and | ||||||
18 | Review process, established by rule in the Illinois State | ||||||
19 | Police Department , for this purpose. Upon completion of the | ||||||
20 | update of the criminal history transcript, the petitioner | ||||||
21 | shall file confirmation of each update with the court, which | ||||||
22 | shall seal the records from disclosure outside of court | ||||||
23 | proceedings on the petition. | ||||||
24 | (c) Any petition filed under subsection (a) shall include | ||||||
25 | the following: "WARNING: If you are required to register under | ||||||
26 | the Sex Offender Registration Act or , the Murderer and Violent |
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1 | Offender Against Youth Registration Act , or the Arsonist | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Registration Act in this State or a similar law in any other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | state and have not been pardoned, you will be committing a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | felony under those respective Acts by seeking a change of name | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | during the registration period UNLESS your request for legal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | name change is due to marriage, religious beliefs, status as a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | victim of trafficking or gender related identity as defined by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | the Illinois Human Rights Act.". | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | revised 12-15-23.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section 999. Effective date. This Act takes effect July 1, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | 2024. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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