HB5495 EngrossedLRB103 39013 AWJ 69150 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Seizure and Forfeiture Reporting Act is
5amended 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
9subject to reporting under this Act shall report the following
10information about property seized or forfeited under State
11law:
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;

 

 

HB5495 Engrossed- 2 -LRB103 39013 AWJ 69150 b

1    and
2        (5) the location where the seizure occurred.
3    The filing requirement shall be met upon filing Illinois
4State Police Notice/Inventory of Seized Property (Form 4-64)
5with the State's Attorney's Office in the county where the
6forfeiture action is being commenced or with the Attorney
7General's Office if the forfeiture action is being commenced
8by that office, and the forwarding of Form 4-64 upon approval
9of the State's Attorney's Office or the Attorney General's
10Office to the Illinois State Police Asset Forfeiture Section.
11With regard to seizures for which Form 4-64 is not required to
12be filed, the filing requirement shall be met by the filing of
13an annual summary report with the Illinois State Police no
14later than 60 days after December 31 of that year.
15    (b) Each law enforcement agency, including a drug task
16force or Metropolitan Enforcement Group (MEG) unit, that
17receives proceeds from forfeitures subject to reporting under
18this Act shall file an annual report with the Illinois State
19Police no later than 60 days after December 31 of that year.
20The format of the report shall be developed by the Illinois
21State Police and shall be completed by the law enforcement
22agency. The report shall include, at a minimum, the amount of
23funds and other property distributed to the law enforcement
24agency by the Illinois State Police, the amount of funds
25expended by the law enforcement agency, and the category of
26expenditure, including:

 

 

HB5495 Engrossed- 3 -LRB103 39013 AWJ 69150 b

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
18on its official website a public database that includes annual
19aggregate data for each law enforcement agency that reports
20seizures of property under subsection (a) of this Section,
21that receives distributions of forfeiture proceeds subject to
22reporting under this Act, or reports expenditures under
23subsection (b) of this Section. This aggregate data shall
24include, for each law enforcement agency:
25        (1) the total number of asset seizures reported by
26    each law enforcement agency during the calendar year;

 

 

HB5495 Engrossed- 4 -LRB103 39013 AWJ 69150 b

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
19numbers, or other personally identifying information of owners
20or interest holders, persons, business entities, covert office
21locations, or business entities involved in the forfeiture
22action and shall not disclose the vehicle identification
23number or serial number of any conveyance.
24    (d) The Illinois State Police shall adopt rules to
25administer the asset forfeiture program, including the
26categories of authorized expenditures consistent with the

 

 

HB5495 Engrossed- 5 -LRB103 39013 AWJ 69150 b

1statutory guidelines for each of the included forfeiture
2statutes, the use of forfeited funds, other expenditure
3requirements, and the reporting of seizure and forfeiture
4information. The Illinois State Police may adopt rules
5necessary to implement this Act through the use of emergency
6rulemaking under Section 5-45 of the Illinois Administrative
7Procedure Act for a period not to exceed 180 days after the
8effective date of this Act.
9    (e) The Illinois State Police shall have authority and
10oversight over all law enforcement agencies receiving
11forfeited funds from the Illinois State Police. This authority
12shall include enforcement of rules and regulations adopted by
13the Illinois State Police and sanctions for violations of any
14rules and regulations, including the withholding of
15distributions of forfeiture proceeds from the law enforcement
16agency in violation.
17    (f) Upon application by a law enforcement agency to the
18Illinois State Police, the reporting of a particular asset
19forfeited under this Section may be delayed if the asset in
20question was seized from a person who has become a
21confidential informant under the agency's confidential
22informant policy, or if the asset was seized as part of an
23ongoing investigation. This delayed reporting shall be granted
24by the Illinois State Police for a maximum period of 6 months
25if the confidential informant is still providing cooperation
26to law enforcement or the investigation is still ongoing,

 

 

HB5495 Engrossed- 6 -LRB103 39013 AWJ 69150 b

1after which the asset shall be reported as required under this
2Act.
3    (g) The Illinois State Police shall, on or before January
41, 2019, establish and implement the requirements of this Act.
5In order to implement the reporting and public database
6requirements under this Act, the Illinois State Police Asset
7Forfeiture Section requires a one-time upgrade of its
8information technology software and hardware. This one-time
9upgrade shall be funded by a temporary allocation of 5% of all
10forfeited currency and 5% of the auction proceeds from each
11forfeited asset, which are to be distributed after the
12effective date of this Act. The Illinois State Police shall
13transfer these funds at the time of distribution to a separate
14fund established by the Illinois State Police. Moneys
15deposited in this fund shall be accounted for and shall be used
16only to pay for the actual one-time cost of purchasing and
17installing the hardware and software required to comply with
18this new reporting and public database requirement. Moneys
19deposited in the fund shall not be subject to reappropriation,
20reallocation, or redistribution for any other purpose. After
21sufficient funds are transferred to the fund to cover the
22actual one-time cost of purchasing and installing the hardware
23and software required to comply with this new reporting and
24public database requirement, no additional funds shall be
25transferred to the fund for any purpose. At the completion of
26the one-time upgrade of the information technology hardware

 

 

HB5495 Engrossed- 7 -LRB103 39013 AWJ 69150 b

1and software to comply with this new reporting and public
2database requirement, any remaining funds in the fund shall be
3returned to the participating agencies under the distribution
4requirements of the statutes from which the funds were
5transferred, and the fund shall no longer exist.
6    (h)(1) The Illinois State Police, in consultation with and
7subject to the approval of the Chief Procurement Officer, may
8procure a single contract or multiple contracts to implement
9this Act.
10    (2) A contract or contracts under this subsection (h) are
11not subject to the Illinois Procurement Code, except for
12Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
13that Code, provided that the Chief Procurement Officer may, in
14writing with justification, waive any certification required
15under Article 50 of the Illinois Procurement Code. The
16provisions of this paragraph (2), other than this sentence,
17are 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
20Administrative Code of Illinois is amended by changing
21Sections 2605-35, 2605-40, 2605-605, and 2605-615 as follows:
 
22    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
23    Sec. 2605-35. Division of Criminal Investigation.
24    (a) The Division of Criminal Investigation shall exercise

 

 

HB5495 Engrossed- 8 -LRB103 39013 AWJ 69150 b

1the following functions and those in Section 2605-30:
2        (1) Exercise the rights, powers, and duties vested by
3    law in the Illinois State Police by the Illinois Horse
4    Racing Act of 1975, including those set forth in Section
5    2605-215.
6        (2) Investigate the origins, activities, personnel,
7    and incidents of crime and enforce the criminal laws of
8    this State related thereto.
9        (3) Enforce all laws regulating the production, sale,
10    prescribing, manufacturing, administering, transporting,
11    having in possession, dispensing, delivering,
12    distributing, or use of controlled substances and
13    cannabis.
14        (4) Cooperate with the police of cities, villages, and
15    incorporated towns and with the police officers of any
16    county in enforcing the laws of the State and in making
17    arrests and recovering property.
18        (5) Apprehend and deliver up any person charged in
19    this State or any other state with treason or a felony or
20    other crime who has fled from justice and is found in this
21    State.
22        (6) Investigate recipients and providers under the
23    Illinois Public Aid Code and any personnel involved in the
24    administration of the Code who are suspected of any
25    violation of the Code pertaining to fraud in the
26    administration, receipt, or provision of assistance and

 

 

HB5495 Engrossed- 9 -LRB103 39013 AWJ 69150 b

1    pertaining to any violation of criminal law; and exercise
2    the functions required under Section 2605-220 in the
3    conduct of those investigations.
4        (7) Conduct other investigations as provided by law,
5    including, but not limited to, investigations of human
6    trafficking, illegal drug trafficking, illegal firearms
7    trafficking, and cyber crimes that can be investigated and
8    prosecuted in Illinois.
9        (8) Investigate public corruption.
10        (9) Exercise other duties that may be assigned by the
11    Director in order to fulfill the responsibilities and
12    achieve the purposes of the Illinois State Police, which
13    may include the coordination of gang, terrorist, and
14    organized crime prevention, control activities, and
15    assisting local law enforcement in their crime control
16    activities.
17        (10) Conduct investigations (and cooperate with
18    federal law enforcement agencies in the investigation) of
19    any property-related crimes, such as money laundering,
20    involving individuals or entities listed on the sanctions
21    list maintained by the U.S. Department of Treasury's
22    Office of Foreign Asset Control.
23        (11) Oversee Illinois State Police special weapons and
24    tactics (SWAT) teams, including law enforcement response
25    to weapons of mass destruction.
26        (12) Oversee Illinois State Police air operations.

 

 

HB5495 Engrossed- 10 -LRB103 39013 AWJ 69150 b

1        (13) Investigate criminal domestic terrorism
2    incidents, and otherwise deter all criminal threats to
3    Illinois.
4    (a-5) The Division of Criminal Investigation shall gather
5information, intelligence, and evidence to facilitate the
6identification, apprehension, and prosecution of persons
7responsible for committing crime; to provide specialized
8intelligence and analysis, investigative, tactical, and
9technological services in support of law enforcement
10operations throughout the State of Illinois; and to oversee
11and operate the statewide criminal intelligence fusion center.
12    (b) (Blank).
13    (b-5) The Division of Criminal Investigation shall
14cooperate and liaise with all federal law enforcement and
15other partners on criminal investigations, intelligence,
16information sharing, and national security planning and
17response.
18    (c) The Division of Criminal Investigation shall provide
19statewide coordination and strategy pertaining to
20firearm-related intelligence, firearms trafficking
21interdiction, and investigations reaching across all divisions
22of the Illinois State Police, including providing crime gun
23intelligence support for suspects and firearms involved in
24firearms trafficking or the commission of a crime involving
25firearms that is investigated by the Illinois State Police and
26other federal, State, and local law enforcement agencies, with

 

 

HB5495 Engrossed- 11 -LRB103 39013 AWJ 69150 b

1the objective of reducing and preventing illegal possession
2and use of firearms, firearms trafficking, firearm-related
3homicides, and other firearm-related violent crimes in
4Illinois.
5(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
6102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23; 103-34, eff.
71-1-24.)
 
8    (20 ILCS 2605/2605-40)  (was 20 ILCS 2605/55a-4)
9    Sec. 2605-40. Division of Forensic Services. The Division
10of Forensic Services shall exercise the following functions:
11        (1) Provide crime scene services and traffic crash
12    reconstruction and examine digital evidence.
13        (2) Exercise the rights, powers, and duties vested by
14    law in the Illinois State Police by Section 2605-300 of
15    this Law.
16        (3) Provide assistance to local law enforcement
17    agencies through training, management, and consultant
18    services.
19        (4) (Blank).
20        (5) Exercise other duties that may be assigned by the
21    Director in order to fulfill the responsibilities and
22    achieve the purposes of the Illinois State Police.
23        (6) Establish and operate a forensic science
24    laboratory system, including a forensic toxicological
25    laboratory service, for the purpose of testing specimens

 

 

HB5495 Engrossed- 12 -LRB103 39013 AWJ 69150 b

1    submitted by coroners and other law enforcement officers
2    in their efforts to determine whether alcohol, drugs, or
3    poisonous or other toxic substances have been involved in
4    deaths, accidents, or illness. Forensic laboratories shall
5    be established in Springfield, Chicago, and elsewhere in
6    the State as needed.
7        (6.5) Establish administrative rules in order to set
8    forth standardized requirements for the disclosure of
9    toxicology results and other relevant documents related to
10    a toxicological analysis. These administrative rules are
11    to be adopted to produce uniform and sufficient
12    information to allow a proper, well-informed determination
13    of the admissibility of toxicology evidence and to ensure
14    that this evidence is presented competently. These
15    administrative rules are designed to provide a minimum
16    standard for compliance of toxicology evidence and are not
17    intended to limit the production and discovery of material
18    information.
19        (7) Subject to specific appropriations made for these
20    purposes, establish and coordinate a system for providing
21    accurate and expedited forensic science and other
22    investigative and laboratory services to local law
23    enforcement agencies and local State's Attorneys in aid of
24    the investigation and trial of capital cases.
25        (8) Exercise the rights, powers, and duties vested by
26    law in the Illinois State Police under the Sexual Assault

 

 

HB5495 Engrossed- 13 -LRB103 39013 AWJ 69150 b

1    Evidence Submission Act.
2        (9) Serve as the State central repository for all
3    genetic marker grouping analysis information and exercise
4    the rights, powers, and duties vested by law in the
5    Illinois State Police under Section 5-4-3 of the Unified
6    Code of Corrections.
7        (10) Issue reports required under Section 5-4-3a of
8    the Unified Code of Corrections.
9        (11) Oversee the Electronic Laboratory Information
10    Management System under Section 5-4-3b of the Unified Code
11    of Corrections.
12(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
13103-34, eff. 1-1-24.)
 
14    (20 ILCS 2605/2605-605)
15    Sec. 2605-605. Violent Crime Intelligence Task Force. The
16Director of the Illinois State Police shall establish a
17statewide multi-jurisdictional Violent Crime Intelligence Task
18Force led by the Illinois State Police dedicated to combating
19gun violence, gun-trafficking, and other violent crime with
20the primary mission of preservation of life and reducing the
21occurrence and the fear of crime. The objectives of the Task
22Force shall include, but not be limited to, reducing and
23preventing illegal possession and use of firearms,
24firearm-related homicides, and other violent crimes, and
25solving firearm-related crimes.

 

 

HB5495 Engrossed- 14 -LRB103 39013 AWJ 69150 b

1    (1) The Task Force may develop and acquire information,
2training, tools, and resources necessary to implement a
3data-driven approach to policing, with an emphasis on
4intelligence development.
5    (2) The Task Force may utilize information sharing,
6partnerships, crime analysis, and evidence-based practices to
7assist in the reduction of firearm-related shootings,
8homicides, and gun-trafficking, including, but not limited to,
9ballistic data, eTrace data, DNA evidence, latent
10fingerprints, firearm training data, and National Integrated
11Ballistic Information Network (NIBIN) data. The Task Force may
12design a model crime gun intelligence strategy which may
13include, but is not limited to, comprehensive collection and
14documentation of all ballistic evidence, timely transfer of
15NIBIN and eTrace leads to an intelligence center, which may
16include the Division of Criminal Investigation of the Illinois
17State Police, timely dissemination of intelligence to
18investigators, investigative follow-up, and coordinated
19prosecution.
20    (3) The Task Force may recognize and utilize best
21practices of community policing and may develop potential
22partnerships with faith-based and community organizations to
23achieve its goals.
24    (4) The Task Force may identify and utilize best practices
25in drug-diversion programs and other community-based services
26to redirect low-level offenders.

 

 

HB5495 Engrossed- 15 -LRB103 39013 AWJ 69150 b

1    (5) The Task Force may assist in violence suppression
2strategies including, but not limited to, details in
3identified locations that have shown to be the most prone to
4gun violence and violent crime, focused deterrence against
5violent gangs and groups considered responsible for the
6violence in communities, and other intelligence driven methods
7deemed necessary to interrupt cycles of violence or prevent
8retaliation.
9    (6) In consultation with the Chief Procurement Officer,
10the Illinois State Police may obtain contracts for software,
11commodities, resources, and equipment to assist the Task Force
12with achieving this Act. Any contracts necessary to support
13the delivery of necessary software, commodities, resources,
14and equipment are not subject to the Illinois Procurement
15Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and
16Article 50 of that Code, provided that the Chief Procurement
17Officer may, in writing with justification, waive any
18certification required under Article 50 of the Illinois
19Procurement Code.
20    (7) The Task Force shall conduct enforcement operations
21against persons whose Firearm Owner's Identification Cards
22have been revoked or suspended and persons who fail to comply
23with the requirements of Section 9.5 of the Firearm Owners
24Identification Card Act, prioritizing individuals presenting a
25clear and present danger to themselves or to others under
26paragraph (2) of subsection (d) of Section 8.1 of the Firearm

 

 

HB5495 Engrossed- 16 -LRB103 39013 AWJ 69150 b

1Owners Identification Card Act.
2    (8) The Task Force shall collaborate with local law
3enforcement agencies to enforce provisions of the Firearm
4Owners Identification Card Act, the Firearm Concealed Carry
5Act, the Firearm Dealer License Certification Act, and Article
624 of the Criminal Code of 2012.
7    (9) To implement this Section, the Director of the
8Illinois State Police may establish intergovernmental
9agreements with law enforcement agencies in accordance with
10the Intergovernmental Cooperation Act.
11    (10) Law enforcement agencies that participate in
12activities described in paragraphs (7) through (9) may apply
13to the Illinois State Police for grants from the State Police
14Firearm Revocation Enforcement Fund.
15(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
16102-813, eff. 5-13-22.)
 
17    (20 ILCS 2605/2605-615)
18    Sec. 2605-615. Illinois Forensic Science Commission.
19    (a) Creation. There is created within the Illinois State
20Police the Illinois Forensic Science Commission.
21    (b) Duties and purpose. The Commission shall:
22        (1) Provide guidance to ensure the efficient delivery
23    of forensic services and the sound practice of forensic
24    science.
25        (2) Provide a forum for discussions between forensic

 

 

HB5495 Engrossed- 17 -LRB103 39013 AWJ 69150 b

1    science stakeholders to improve communication and
2    coordination and to monitor the important issues impacting
3    all stakeholders.
4        (3) Take a systems-based approach in reviewing all
5    aspects of the delivery of forensic services and the sound
6    practice of forensic science with the goal of reducing or
7    eliminating the factors and inefficiencies that contribute
8    to backlogs and errors, with a focus on education and
9    training, funding, hiring, procurement, and other aspects
10    identified by the Commission.
11        (4) Review significant non-conformities with the sound
12    practice of forensic science documented by each publicly
13    funded ISO 17025 accredited forensic laboratory and offer
14    recommendations for the correction thereof.
15        (5) Subject to appropriation, provide educational,
16    research, and professional training opportunities for
17    practicing forensic scientists, police officers, judges,
18    State's Attorneys and Assistant State's Attorneys, Public
19    Defenders, and defense attorneys comporting with the sound
20    practice of forensic science.
21        (6) Collect and analyze information related to the
22    impact of current laws, rules, policies, and practices on
23    forensic crime laboratories and the practice of forensic
24    science; evaluate the impact of those laws, rules,
25    policies, and practices on forensic crime laboratories and
26    the practice of forensic science; identify new policies

 

 

HB5495 Engrossed- 18 -LRB103 39013 AWJ 69150 b

1    and approaches, together with changes in science, and
2    technology; and make recommendations for changes to those
3    laws, rules, policies, and practices that will yield
4    better results in the criminal justice system consistent
5    with the sound practice of forensic science.
6        (7) Perform such other studies or tasks pertaining to
7    forensic crime laboratories as may be requested by the
8    General Assembly by resolution or the Governor, and
9    perform such other functions as may be required by law or
10    as are necessary to carry out the purposes and goals of the
11    Commission prescribed in this Section.
12        (8) Ensure that adequate resources and facilities are
13    available for carrying out the changes proposed in
14    legislation, rules, or policies and that rational
15    priorities are established for the use of those resources.
16    To do so, the Commission may prepare statements to the
17    Governor and General Assembly identifying the fiscal and
18    practical effects of proposed legislation, rules, or
19    policy changes. Such statements may include, but are not
20    limited to: the impact on present levels of staffing and
21    resources; a professional opinion on the practical value
22    of the change or changes; the increase or decrease the
23    number of crime laboratories; the increase or decrease the
24    cost of operating crime laboratories; the impact on
25    efficiencies and caseloads; other information, including
26    but not limited to, facts, data, research, and science

 

 

HB5495 Engrossed- 19 -LRB103 39013 AWJ 69150 b

1    relevant to the legislation, rule, or policy; the direct
2    or indirect alteration in any process involving or used by
3    crime laboratories of such proposed legislation, rules, or
4    policy changes; an analysis of the impact, either directly
5    or indirectly, on the technology, improvements, or
6    practices of forensic analyses for use in criminal
7    proceedings; together with the direct or indirect impact
8    on headcount, space, equipment, instruments,
9    accreditation, the volume of cases for analysis,
10    scientific controls, and quality assurance.
11    (c) Members. The Commission shall be composed of the
12Director of the Illinois State Police, or his or her designee,
13together with the following members appointed for a term of 4
14years by the Governor with the advice and consent of the
15Senate:
16        (1) One crime laboratory director or administrator
17    from each publicly funded ISO 17025 accredited forensic
18    laboratory system.
19        (2) One member with experience in the admission of
20    forensic evidence in trials from a statewide association
21    representing prosecutors.
22        (3) One member with experience in the admission of
23    forensic evidence in trials from a statewide association
24    representing criminal defense attorneys.
25        (4) Three forensic scientists with bench work
26    background from various forensic disciplines (e.g., DNA,

 

 

HB5495 Engrossed- 20 -LRB103 39013 AWJ 69150 b

1    chemistry, pattern evidence, etc.).
2        (5) One retired circuit court judge or associate
3    circuit court judge with criminal trial experience,
4    including experience in the admission of forensic evidence
5    in trials.
6        (6) One academic specializing in the field of forensic
7    sciences.
8        (7) One or more community representatives (e.g.,
9    victim advocates, innocence project organizations, sexual
10    assault examiners, etc.).
11        (8) One member who is a medical examiner or coroner.
12    The Governor shall designate one of the members of the
13Commission to serve as the chair of the Commission. The
14members of the Commission shall elect from their number such
15other officers as they may determine. Members of the
16Commission shall serve without compensation, but may be
17reimbursed for reasonable expenses incurred in the performance
18of their duties from funds appropriated for that purpose.
19    (d) Subcommittees. The Commission may form subcommittees
20to study specific issues identified under paragraph (3) of
21subsection (b), including, but not limited to, subcommittees
22on education and training, procurement, funding and hiring. Ad
23hoc subcommittees may also be convened to address other
24issues. Such subcommittees shall meet as needed to complete
25their work, and shall report their findings back to the
26Commission. Subcommittees shall include members of the

 

 

HB5495 Engrossed- 21 -LRB103 39013 AWJ 69150 b

1Commission, and may also include non-members such as forensic
2science stakeholders and subject matter experts.
3    (e) Meetings. The Commission shall meet quarterly, at the
4call of the chairperson. Facilities for meeting, whether
5remotely or in person, shall be provided for the Commission by
6the Illinois State Police.
7    (f) Reporting by publicly funded ISO 17025 accredited
8forensic laboratories. All State and local publicly funded ISO
917025 accredited forensic laboratory systems, including, but
10not limited to, the DuPage County Forensic Science Center, the
11Northeastern Illinois Regional Crime Laboratory, and the
12Illinois State Police, shall annually provide to the
13Commission a report summarizing its significant
14non-conformities with the efficient delivery of forensic
15services and the sound practice of forensic science. The
16report will identify: each significant non-conformity or
17deficient method; how the non-conformity or deficient method
18was detected; the nature and extent of the non-conformity or
19deficient method; all corrective actions implemented to
20address the non-conformity or deficient method; and an
21analysis of the effectiveness of the corrective actions taken.
22    (g) Definition. As used in this Section, "Commission"
23means the Illinois Forensic Science Commission.
24(Source: P.A. 102-523, eff. 8-20-21; 103-34, eff. 1-1-24.)
 
25    (20 ILCS 2605/2605-378 rep.)

 

 

HB5495 Engrossed- 22 -LRB103 39013 AWJ 69150 b

1    Section 15. The Illinois State Police Law of the Civil
2Administrative Code of Illinois is amended by repealing
3Section 2605-378.
 
4    Section 20. The Illinois State Police Act is amended by
5changing Section 40.1 as follows:
 
6    (20 ILCS 2610/40.1)
7    Sec. 40.1. Mandated training compliance. The Director of
8the Illinois State Police and the Illinois State Police
9Academy shall ensure all Illinois State Police cadets and
10officers comply with all statutory, regulatory, and department
11mandated training. The Illinois State Police Academy shall
12maintain and store training records for Illinois State Police
13officers.
14(Source: P.A. 101-652, eff. 1-1-22.)
 
15    Section 25. The Narcotic Control Division Abolition Act is
16amended by by changing Section 9 as follows:
 
17    (20 ILCS 2620/9)  (from Ch. 127, par. 55l)
18    Sec. 9. The Director shall make , in an annual report to the
19Governor, report the results obtained in the enforcement of
20this Act available on the Illinois State Police website and
21may make , together with such other information and
22recommendations to the Governor annually as the Director he

 

 

HB5495 Engrossed- 23 -LRB103 39013 AWJ 69150 b

1deems proper.
2(Source: P.A. 76-442.)
 
3    Section 30. The Criminal Identification Act is amended by
4changing Section 5.2 as follows:
 
5    (20 ILCS 2630/5.2)
6    Sec. 5.2. Expungement, sealing, and immediate sealing.
7    (a) General Provisions.
8        (1) Definitions. In this Act, words and phrases have
9    the meanings set forth in this subsection, except when a
10    particular context clearly requires a different meaning.
11            (A) The following terms shall have the meanings
12        ascribed to them in the following Sections of the
13        Unified Code of Corrections:
14                Business Offense, Section 5-1-2.
15                Charge, Section 5-1-3.
16                Court, Section 5-1-6.
17                Defendant, Section 5-1-7.
18                Felony, Section 5-1-9.
19                Imprisonment, Section 5-1-10.
20                Judgment, Section 5-1-12.
21                Misdemeanor, Section 5-1-14.
22                Offense, Section 5-1-15.
23                Parole, Section 5-1-16.
24                Petty Offense, Section 5-1-17.

 

 

HB5495 Engrossed- 24 -LRB103 39013 AWJ 69150 b

1                Probation, Section 5-1-18.
2                Sentence, Section 5-1-19.
3                Supervision, Section 5-1-21.
4                Victim, Section 5-1-22.
5            (B) As used in this Section, "charge not initiated
6        by arrest" means a charge (as defined by Section 5-1-3
7        of the Unified Code of Corrections) brought against a
8        defendant where the defendant is not arrested prior to
9        or as a direct result of the charge.
10            (C) "Conviction" means a judgment of conviction or
11        sentence entered upon a plea of guilty or upon a
12        verdict or finding of guilty of an offense, rendered
13        by a legally constituted jury or by a court of
14        competent jurisdiction authorized to try the case
15        without a jury. An order of supervision successfully
16        completed by the petitioner is not a conviction. An
17        order of qualified probation (as defined in subsection
18        (a)(1)(J)) successfully completed by the petitioner is
19        not a conviction. An order of supervision or an order
20        of qualified probation that is terminated
21        unsatisfactorily is a conviction, unless the
22        unsatisfactory termination is reversed, vacated, or
23        modified and the judgment of conviction, if any, is
24        reversed or vacated.
25            (D) "Criminal offense" means a petty offense,
26        business offense, misdemeanor, felony, or municipal

 

 

HB5495 Engrossed- 25 -LRB103 39013 AWJ 69150 b

1        ordinance violation (as defined in subsection
2        (a)(1)(H)). As used in this Section, a minor traffic
3        offense (as defined in subsection (a)(1)(G)) shall not
4        be considered a criminal offense.
5            (E) "Expunge" means to physically destroy the
6        records or return them to the petitioner and to
7        obliterate the petitioner's name from any official
8        index or public record, or both. Nothing in this Act
9        shall require the physical destruction of the circuit
10        court file, but such records relating to arrests or
11        charges, or both, ordered expunged shall be impounded
12        as required by subsections (d)(9)(A)(ii) and
13        (d)(9)(B)(ii).
14            (F) As used in this Section, "last sentence" means
15        the sentence, order of supervision, or order of
16        qualified probation (as defined by subsection
17        (a)(1)(J)), for a criminal offense (as defined by
18        subsection (a)(1)(D)) that terminates last in time in
19        any jurisdiction, regardless of whether the petitioner
20        has included the criminal offense for which the
21        sentence or order of supervision or qualified
22        probation was imposed in his or her petition. If
23        multiple sentences, orders of supervision, or orders
24        of qualified probation terminate on the same day and
25        are last in time, they shall be collectively
26        considered the "last sentence" regardless of whether

 

 

HB5495 Engrossed- 26 -LRB103 39013 AWJ 69150 b

1        they were ordered to run concurrently.
2            (G) "Minor traffic offense" means a petty offense,
3        business offense, or Class C misdemeanor under the
4        Illinois Vehicle Code or a similar provision of a
5        municipal or local ordinance.
6            (G-5) "Minor Cannabis Offense" means a violation
7        of Section 4 or 5 of the Cannabis Control Act
8        concerning not more than 30 grams of any substance
9        containing cannabis, provided the violation did not
10        include a penalty enhancement under Section 7 of the
11        Cannabis Control Act and is not associated with an
12        arrest, conviction or other disposition for a violent
13        crime as defined in subsection (c) of Section 3 of the
14        Rights of Crime Victims and Witnesses Act.
15            (H) "Municipal ordinance violation" means an
16        offense defined by a municipal or local ordinance that
17        is criminal in nature and with which the petitioner
18        was charged or for which the petitioner was arrested
19        and released without charging.
20            (I) "Petitioner" means an adult or a minor
21        prosecuted as an adult who has applied for relief
22        under this Section.
23            (J) "Qualified probation" means an order of
24        probation under Section 10 of the Cannabis Control
25        Act, Section 410 of the Illinois Controlled Substances
26        Act, Section 70 of the Methamphetamine Control and

 

 

HB5495 Engrossed- 27 -LRB103 39013 AWJ 69150 b

1        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
2        of the Unified Code of Corrections, Section
3        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
4        those provisions existed before their deletion by
5        Public Act 89-313), Section 10-102 of the Illinois
6        Alcoholism and Other Drug Dependency Act, Section
7        40-10 of the Substance Use Disorder Act, or Section 10
8        of the Steroid Control Act. For the purpose of this
9        Section, "successful completion" of an order of
10        qualified probation under Section 10-102 of the
11        Illinois Alcoholism and Other Drug Dependency Act and
12        Section 40-10 of the Substance Use Disorder Act means
13        that the probation was terminated satisfactorily and
14        the judgment of conviction was vacated.
15            (K) "Seal" means to physically and electronically
16        maintain the records, unless the records would
17        otherwise be destroyed due to age, but to make the
18        records unavailable without a court order, subject to
19        the exceptions in Sections 12 and 13 of this Act. The
20        petitioner's name shall also be obliterated from the
21        official index required to be kept by the circuit
22        court clerk under Section 16 of the Clerks of Courts
23        Act, but any index issued by the circuit court clerk
24        before the entry of the order to seal shall not be
25        affected.
26            (L) "Sexual offense committed against a minor"

 

 

HB5495 Engrossed- 28 -LRB103 39013 AWJ 69150 b

1        includes, but is not limited to, the offenses of
2        indecent solicitation of a child or criminal sexual
3        abuse when the victim of such offense is under 18 years
4        of age.
5            (M) "Terminate" as it relates to a sentence or
6        order of supervision or qualified probation includes
7        either satisfactory or unsatisfactory termination of
8        the sentence, unless otherwise specified in this
9        Section. A sentence is terminated notwithstanding any
10        outstanding financial legal obligation.
11        (2) Minor Traffic Offenses. Orders of supervision or
12    convictions for minor traffic offenses shall not affect a
13    petitioner's eligibility to expunge or seal records
14    pursuant to this Section.
15        (2.5) Commencing 180 days after July 29, 2016 (the
16    effective date of Public Act 99-697), the law enforcement
17    agency issuing the citation shall automatically expunge,
18    on or before January 1 and July 1 of each year, the law
19    enforcement records of a person found to have committed a
20    civil law violation of subsection (a) of Section 4 of the
21    Cannabis Control Act or subsection (c) of Section 3.5 of
22    the Drug Paraphernalia Control Act in the law enforcement
23    agency's possession or control and which contains the
24    final satisfactory disposition which pertain to the person
25    issued a citation for that offense. The law enforcement
26    agency shall provide by rule the process for access,

 

 

HB5495 Engrossed- 29 -LRB103 39013 AWJ 69150 b

1    review, and to confirm the automatic expungement by the
2    law enforcement agency issuing the citation. Commencing
3    180 days after July 29, 2016 (the effective date of Public
4    Act 99-697), the clerk of the circuit court shall expunge,
5    upon order of the court, or in the absence of a court order
6    on or before January 1 and July 1 of each year, the court
7    records of a person found in the circuit court to have
8    committed a civil law violation of subsection (a) of
9    Section 4 of the Cannabis Control Act or subsection (c) of
10    Section 3.5 of the Drug Paraphernalia Control Act in the
11    clerk's possession or control and which contains the final
12    satisfactory disposition which pertain to the person
13    issued a citation for any of those offenses.
14        (3) Exclusions. Except as otherwise provided in
15    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
16    of this Section, the court shall not order:
17            (A) the sealing or expungement of the records of
18        arrests or charges not initiated by arrest that result
19        in an order of supervision for or conviction of: (i)
20        any sexual offense committed against a minor; (ii)
21        Section 11-501 of the Illinois Vehicle Code or a
22        similar provision of a local ordinance; or (iii)
23        Section 11-503 of the Illinois Vehicle Code or a
24        similar provision of a local ordinance, unless the
25        arrest or charge is for a misdemeanor violation of
26        subsection (a) of Section 11-503 or a similar

 

 

HB5495 Engrossed- 30 -LRB103 39013 AWJ 69150 b

1        provision of a local ordinance, that occurred prior to
2        the offender reaching the age of 25 years and the
3        offender has no other conviction for violating Section
4        11-501 or 11-503 of the Illinois Vehicle Code or a
5        similar provision of a local ordinance.
6            (B) the sealing or expungement of records of minor
7        traffic offenses (as defined in subsection (a)(1)(G)),
8        unless the petitioner was arrested and released
9        without charging.
10            (C) the sealing of the records of arrests or
11        charges not initiated by arrest which result in an
12        order of supervision or a conviction for the following
13        offenses:
14                (i) offenses included in Article 11 of the
15            Criminal Code of 1961 or the Criminal Code of 2012
16            or a similar provision of a local ordinance,
17            except Section 11-14 and a misdemeanor violation
18            of Section 11-30 of the Criminal Code of 1961 or
19            the Criminal Code of 2012, or a similar provision
20            of a local ordinance;
21                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
22            26-5, or 48-1 of the Criminal Code of 1961 or the
23            Criminal Code of 2012, or a similar provision of a
24            local ordinance;
25                (iii) Section 12-3.1 or 12-3.2 of the Criminal
26            Code of 1961 or the Criminal Code of 2012, or

 

 

HB5495 Engrossed- 31 -LRB103 39013 AWJ 69150 b

1            Section 125 of the Stalking No Contact Order Act,
2            or Section 219 of the Civil No Contact Order Act,
3            or a similar provision of a local ordinance;
4                (iv) Class A misdemeanors or felony offenses
5            under the Humane Care for Animals Act; or
6                (v) any offense or attempted offense that
7            would subject a person to registration under the
8            Sex Offender Registration Act.
9            (D) (blank).
10    (b) Expungement.
11        (1) A petitioner may petition the circuit court to
12    expunge the records of his or her arrests and charges not
13    initiated by arrest when each arrest or charge not
14    initiated by arrest sought to be expunged resulted in: (i)
15    acquittal, dismissal, or the petitioner's release without
16    charging, unless excluded by subsection (a)(3)(B); (ii) a
17    conviction which was vacated or reversed, unless excluded
18    by subsection (a)(3)(B); (iii) an order of supervision and
19    such supervision was successfully completed by the
20    petitioner, unless excluded by subsection (a)(3)(A) or
21    (a)(3)(B); or (iv) an order of qualified probation (as
22    defined in subsection (a)(1)(J)) and such probation was
23    successfully completed by the petitioner.
24        (1.5) When a petitioner seeks to have a record of
25    arrest expunged under this Section, and the offender has
26    been convicted of a criminal offense, the State's Attorney

 

 

HB5495 Engrossed- 32 -LRB103 39013 AWJ 69150 b

1    may object to the expungement on the grounds that the
2    records contain specific relevant information aside from
3    the mere fact of the arrest.
4        (2) Time frame for filing a petition to expunge.
5            (A) When the arrest or charge not initiated by
6        arrest sought to be expunged resulted in an acquittal,
7        dismissal, the petitioner's release without charging,
8        or the reversal or vacation of a conviction, there is
9        no waiting period to petition for the expungement of
10        such records.
11            (B) When the arrest or charge not initiated by
12        arrest sought to be expunged resulted in an order of
13        supervision, successfully completed by the petitioner,
14        the following time frames will apply:
15                (i) Those arrests or charges that resulted in
16            orders of supervision under Section 3-707, 3-708,
17            3-710, or 5-401.3 of the Illinois Vehicle Code or
18            a similar provision of a local ordinance, or under
19            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
20            Code of 1961 or the Criminal Code of 2012, or a
21            similar provision of a local ordinance, shall not
22            be eligible for expungement until 5 years have
23            passed following the satisfactory termination of
24            the supervision.
25                (i-5) Those arrests or charges that resulted
26            in orders of supervision for a misdemeanor

 

 

HB5495 Engrossed- 33 -LRB103 39013 AWJ 69150 b

1            violation of subsection (a) of Section 11-503 of
2            the Illinois Vehicle Code or a similar provision
3            of a local ordinance, that occurred prior to the
4            offender reaching the age of 25 years and the
5            offender has no other conviction for violating
6            Section 11-501 or 11-503 of the Illinois Vehicle
7            Code or a similar provision of a local ordinance
8            shall not be eligible for expungement until the
9            petitioner has reached the age of 25 years.
10                (ii) Those arrests or charges that resulted in
11            orders of supervision for any other offenses shall
12            not be eligible for expungement until 2 years have
13            passed following the satisfactory termination of
14            the supervision.
15            (C) When the arrest or charge not initiated by
16        arrest sought to be expunged resulted in an order of
17        qualified probation, successfully completed by the
18        petitioner, such records shall not be eligible for
19        expungement until 5 years have passed following the
20        satisfactory termination of the probation.
21        (3) Those records maintained by the Illinois State
22    Police for persons arrested prior to their 17th birthday
23    shall be expunged as provided in Section 5-915 of the
24    Juvenile Court Act of 1987.
25        (4) Whenever a person has been arrested for or
26    convicted of any offense, in the name of a person whose

 

 

HB5495 Engrossed- 34 -LRB103 39013 AWJ 69150 b

1    identity he or she has stolen or otherwise come into
2    possession of, the aggrieved person from whom the identity
3    was stolen or otherwise obtained without authorization,
4    upon learning of the person having been arrested using his
5    or her identity, may, upon verified petition to the chief
6    judge of the circuit wherein the arrest was made, have a
7    court order entered nunc pro tunc by the Chief Judge to
8    correct the arrest record, conviction record, if any, and
9    all official records of the arresting authority, the
10    Illinois State Police, other criminal justice agencies,
11    the prosecutor, and the trial court concerning such
12    arrest, if any, by removing his or her name from all such
13    records in connection with the arrest and conviction, if
14    any, and by inserting in the records the name of the
15    offender, if known or ascertainable, in lieu of the
16    aggrieved's name. The records of the circuit court clerk
17    shall be sealed until further order of the court upon good
18    cause shown and the name of the aggrieved person
19    obliterated on the official index required to be kept by
20    the circuit court clerk under Section 16 of the Clerks of
21    Courts Act, but the order shall not affect any index
22    issued by the circuit court clerk before the entry of the
23    order. Nothing in this Section shall limit the Illinois
24    State Police or other criminal justice agencies or
25    prosecutors from listing under an offender's name the
26    false names he or she has used.

 

 

HB5495 Engrossed- 35 -LRB103 39013 AWJ 69150 b

1        (5) Whenever a person has been convicted of criminal
2    sexual assault, aggravated criminal sexual assault,
3    predatory criminal sexual assault of a child, criminal
4    sexual abuse, or aggravated criminal sexual abuse, the
5    victim of that offense may request that the State's
6    Attorney of the county in which the conviction occurred
7    file a verified petition with the presiding trial judge at
8    the petitioner's trial to have a court order entered to
9    seal the records of the circuit court clerk in connection
10    with the proceedings of the trial court concerning that
11    offense. However, the records of the arresting authority
12    and the Illinois State Police concerning the offense shall
13    not be sealed. The court, upon good cause shown, shall
14    make the records of the circuit court clerk in connection
15    with the proceedings of the trial court concerning the
16    offense available for public inspection.
17        (6) If a conviction has been set aside on direct
18    review or on collateral attack and the court determines by
19    clear and convincing evidence that the petitioner was
20    factually innocent of the charge, the court that finds the
21    petitioner factually innocent of the charge shall enter an
22    expungement order for the conviction for which the
23    petitioner has been determined to be innocent as provided
24    in subsection (b) of Section 5-5-4 of the Unified Code of
25    Corrections.
26        (7) Nothing in this Section shall prevent the Illinois

 

 

HB5495 Engrossed- 36 -LRB103 39013 AWJ 69150 b

1    State Police from maintaining all records of any person
2    who is admitted to probation upon terms and conditions and
3    who fulfills those terms and conditions pursuant to
4    Section 10 of the Cannabis Control Act, Section 410 of the
5    Illinois Controlled Substances Act, Section 70 of the
6    Methamphetamine Control and Community Protection Act,
7    Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
8    Corrections, Section 12-4.3 or subdivision (b)(1) of
9    Section 12-3.05 of the Criminal Code of 1961 or the
10    Criminal Code of 2012, Section 10-102 of the Illinois
11    Alcoholism and Other Drug Dependency Act, Section 40-10 of
12    the Substance Use Disorder Act, or Section 10 of the
13    Steroid Control Act.
14        (8) If the petitioner has been granted a certificate
15    of innocence under Section 2-702 of the Code of Civil
16    Procedure, the court that grants the certificate of
17    innocence shall also enter an order expunging the
18    conviction for which the petitioner has been determined to
19    be innocent as provided in subsection (h) of Section 2-702
20    of the Code of Civil Procedure.
21    (c) Sealing.
22        (1) Applicability. Notwithstanding any other provision
23    of this Act to the contrary, and cumulative with any
24    rights to expungement of criminal records, this subsection
25    authorizes the sealing of criminal records of adults and
26    of minors prosecuted as adults. Subsection (g) of this

 

 

HB5495 Engrossed- 37 -LRB103 39013 AWJ 69150 b

1    Section provides for immediate sealing of certain records.
2        (2) Eligible Records. The following records may be
3    sealed:
4            (A) All arrests resulting in release without
5        charging;
6            (B) Arrests or charges not initiated by arrest
7        resulting in acquittal, dismissal, or conviction when
8        the conviction was reversed or vacated, except as
9        excluded by subsection (a)(3)(B);
10            (C) Arrests or charges not initiated by arrest
11        resulting in orders of supervision, including orders
12        of supervision for municipal ordinance violations,
13        successfully completed by the petitioner, unless
14        excluded by subsection (a)(3);
15            (D) Arrests or charges not initiated by arrest
16        resulting in convictions, including convictions on
17        municipal ordinance violations, unless excluded by
18        subsection (a)(3);
19            (E) Arrests or charges not initiated by arrest
20        resulting in orders of first offender probation under
21        Section 10 of the Cannabis Control Act, Section 410 of
22        the Illinois Controlled Substances Act, Section 70 of
23        the Methamphetamine Control and Community Protection
24        Act, or Section 5-6-3.3 of the Unified Code of
25        Corrections; and
26            (F) Arrests or charges not initiated by arrest

 

 

HB5495 Engrossed- 38 -LRB103 39013 AWJ 69150 b

1        resulting in felony convictions unless otherwise
2        excluded by subsection (a) paragraph (3) of this
3        Section.
4        (3) When Records Are Eligible to Be Sealed. Records
5    identified as eligible under subsection (c)(2) may be
6    sealed as follows:
7            (A) Records identified as eligible under
8        subsections (c)(2)(A) and (c)(2)(B) may be sealed at
9        any time.
10            (B) Except as otherwise provided in subparagraph
11        (E) of this paragraph (3), records identified as
12        eligible under subsection (c)(2)(C) may be sealed 2
13        years after the termination of petitioner's last
14        sentence (as defined in subsection (a)(1)(F)).
15            (C) Except as otherwise provided in subparagraph
16        (E) of this paragraph (3), records identified as
17        eligible under subsections (c)(2)(D), (c)(2)(E), and
18        (c)(2)(F) may be sealed 3 years after the termination
19        of the petitioner's last sentence (as defined in
20        subsection (a)(1)(F)). Convictions requiring public
21        registration under the Arsonist Registry Act Arsonist
22        Registration Act, the Sex Offender Registration Act,
23        or the Murderer and Violent Offender Against Youth
24        Registration Act may not be sealed until the
25        petitioner is no longer required to register under
26        that relevant Act.

 

 

HB5495 Engrossed- 39 -LRB103 39013 AWJ 69150 b

1            (D) Records identified in subsection
2        (a)(3)(A)(iii) may be sealed after the petitioner has
3        reached the age of 25 years.
4            (E) Records identified as eligible under
5        subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
6        (c)(2)(F) may be sealed upon termination of the
7        petitioner's last sentence if the petitioner earned a
8        high school diploma, associate's degree, career
9        certificate, vocational technical certification, or
10        bachelor's degree, or passed the high school level
11        Test of General Educational Development, during the
12        period of his or her sentence or mandatory supervised
13        release. This subparagraph shall apply only to a
14        petitioner who has not completed the same educational
15        goal prior to the period of his or her sentence or
16        mandatory supervised release. If a petition for
17        sealing eligible records filed under this subparagraph
18        is denied by the court, the time periods under
19        subparagraph (B) or (C) shall apply to any subsequent
20        petition for sealing filed by the petitioner.
21        (4) Subsequent felony convictions. A person may not
22    have subsequent felony conviction records sealed as
23    provided in this subsection (c) if he or she is convicted
24    of any felony offense after the date of the sealing of
25    prior felony convictions as provided in this subsection
26    (c). The court may, upon conviction for a subsequent

 

 

HB5495 Engrossed- 40 -LRB103 39013 AWJ 69150 b

1    felony offense, order the unsealing of prior felony
2    conviction records previously ordered sealed by the court.
3        (5) Notice of eligibility for sealing. Upon entry of a
4    disposition for an eligible record under this subsection
5    (c), the petitioner shall be informed by the court of the
6    right to have the records sealed and the procedures for
7    the sealing of the records.
8    (d) Procedure. The following procedures apply to
9expungement under subsections (b), (e), and (e-6) and sealing
10under subsections (c) and (e-5):
11        (1) Filing the petition. Upon becoming eligible to
12    petition for the expungement or sealing of records under
13    this Section, the petitioner shall file a petition
14    requesting the expungement or sealing of records with the
15    clerk of the court where the arrests occurred or the
16    charges were brought, or both. If arrests occurred or
17    charges were brought in multiple jurisdictions, a petition
18    must be filed in each such jurisdiction. The petitioner
19    shall pay the applicable fee, except no fee shall be
20    required if the petitioner has obtained a court order
21    waiving fees under Supreme Court Rule 298 or it is
22    otherwise waived.
23        (1.5) County fee waiver pilot program. From August 9,
24    2019 (the effective date of Public Act 101-306) through
25    December 31, 2020, in a county of 3,000,000 or more
26    inhabitants, no fee shall be required to be paid by a

 

 

HB5495 Engrossed- 41 -LRB103 39013 AWJ 69150 b

1    petitioner if the records sought to be expunged or sealed
2    were arrests resulting in release without charging or
3    arrests or charges not initiated by arrest resulting in
4    acquittal, dismissal, or conviction when the conviction
5    was reversed or vacated, unless excluded by subsection
6    (a)(3)(B). The provisions of this paragraph (1.5), other
7    than this sentence, are inoperative on and after January
8    1, 2022.
9        (2) Contents of petition. The petition shall be
10    verified and shall contain the petitioner's name, date of
11    birth, current address and, for each arrest or charge not
12    initiated by arrest sought to be sealed or expunged, the
13    case number, the date of arrest (if any), the identity of
14    the arresting authority, and such other information as the
15    court may require. During the pendency of the proceeding,
16    the petitioner shall promptly notify the circuit court
17    clerk of any change of his or her address. If the
18    petitioner has received a certificate of eligibility for
19    sealing from the Prisoner Review Board under paragraph
20    (10) of subsection (a) of Section 3-3-2 of the Unified
21    Code of Corrections, the certificate shall be attached to
22    the petition.
23        (3) Drug test. The petitioner must attach to the
24    petition proof that the petitioner has taken within 30
25    days before the filing of the petition a test showing the
26    absence within his or her body of all illegal substances

 

 

HB5495 Engrossed- 42 -LRB103 39013 AWJ 69150 b

1    as defined by the Illinois Controlled Substances Act and
2    the Methamphetamine Control and Community Protection Act
3    if he or she is petitioning to:
4            (A) seal felony records under clause (c)(2)(E);
5            (B) seal felony records for a violation of the
6        Illinois Controlled Substances Act, the
7        Methamphetamine Control and Community Protection Act,
8        or the Cannabis Control Act under clause (c)(2)(F);
9            (C) seal felony records under subsection (e-5); or
10            (D) expunge felony records of a qualified
11        probation under clause (b)(1)(iv).
12        (4) Service of petition. The circuit court clerk shall
13    promptly serve a copy of the petition and documentation to
14    support the petition under subsection (e-5) or (e-6) on
15    the State's Attorney or prosecutor charged with the duty
16    of prosecuting the offense, the Illinois State Police, the
17    arresting agency and the chief legal officer of the unit
18    of local government effecting the arrest.
19        (5) Objections.
20            (A) Any party entitled to notice of the petition
21        may file an objection to the petition. All objections
22        shall be in writing, shall be filed with the circuit
23        court clerk, and shall state with specificity the
24        basis of the objection. Whenever a person who has been
25        convicted of an offense is granted a pardon by the
26        Governor which specifically authorizes expungement, an

 

 

HB5495 Engrossed- 43 -LRB103 39013 AWJ 69150 b

1        objection to the petition may not be filed.
2            (B) Objections to a petition to expunge or seal
3        must be filed within 60 days of the date of service of
4        the petition.
5        (6) Entry of order.
6            (A) The Chief Judge of the circuit wherein the
7        charge was brought, any judge of that circuit
8        designated by the Chief Judge, or in counties of less
9        than 3,000,000 inhabitants, the presiding trial judge
10        at the petitioner's trial, if any, shall rule on the
11        petition to expunge or seal as set forth in this
12        subsection (d)(6).
13            (B) Unless the State's Attorney or prosecutor, the
14        Illinois State Police, the arresting agency, or the
15        chief legal officer files an objection to the petition
16        to expunge or seal within 60 days from the date of
17        service of the petition, the court shall enter an
18        order granting or denying the petition.
19            (C) Notwithstanding any other provision of law,
20        the court shall not deny a petition for sealing under
21        this Section because the petitioner has not satisfied
22        an outstanding legal financial obligation established,
23        imposed, or originated by a court, law enforcement
24        agency, or a municipal, State, county, or other unit
25        of local government, including, but not limited to,
26        any cost, assessment, fine, or fee. An outstanding

 

 

HB5495 Engrossed- 44 -LRB103 39013 AWJ 69150 b

1        legal financial obligation does not include any court
2        ordered restitution to a victim under Section 5-5-6 of
3        the Unified Code of Corrections, unless the
4        restitution has been converted to a civil judgment.
5        Nothing in this subparagraph (C) waives, rescinds, or
6        abrogates a legal financial obligation or otherwise
7        eliminates or affects the right of the holder of any
8        financial obligation to pursue collection under
9        applicable federal, State, or local law.
10            (D) Notwithstanding any other provision of law,
11        the court shall not deny a petition to expunge or seal
12        under this Section because the petitioner has
13        submitted a drug test taken within 30 days before the
14        filing of the petition to expunge or seal that
15        indicates a positive test for the presence of cannabis
16        within the petitioner's body. In this subparagraph
17        (D), "cannabis" has the meaning ascribed to it in
18        Section 3 of the Cannabis Control Act.
19        (7) Hearings. If an objection is filed, the court
20    shall set a date for a hearing and notify the petitioner
21    and all parties entitled to notice of the petition of the
22    hearing date at least 30 days prior to the hearing. Prior
23    to the hearing, the State's Attorney shall consult with
24    the Illinois State Police as to the appropriateness of the
25    relief sought in the petition to expunge or seal. At the
26    hearing, the court shall hear evidence on whether the

 

 

HB5495 Engrossed- 45 -LRB103 39013 AWJ 69150 b

1    petition should or should not be granted, and shall grant
2    or deny the petition to expunge or seal the records based
3    on the evidence presented at the hearing. The court may
4    consider the following:
5            (A) the strength of the evidence supporting the
6        defendant's conviction;
7            (B) the reasons for retention of the conviction
8        records by the State;
9            (C) the petitioner's age, criminal record history,
10        and employment history;
11            (D) the period of time between the petitioner's
12        arrest on the charge resulting in the conviction and
13        the filing of the petition under this Section; and
14            (E) the specific adverse consequences the
15        petitioner may be subject to if the petition is
16        denied.
17        (8) Service of order. After entering an order to
18    expunge or seal records, the court must provide copies of
19    the order to the Illinois State Police, in a form and
20    manner prescribed by the Illinois State Police, to the
21    petitioner, to the State's Attorney or prosecutor charged
22    with the duty of prosecuting the offense, to the arresting
23    agency, to the chief legal officer of the unit of local
24    government effecting the arrest, and to such other
25    criminal justice agencies as may be ordered by the court.
26        (9) Implementation of order.

 

 

HB5495 Engrossed- 46 -LRB103 39013 AWJ 69150 b

1            (A) Upon entry of an order to expunge records
2        pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
3        both:
4                (i) the records shall be expunged (as defined
5            in subsection (a)(1)(E)) by the arresting agency,
6            the Illinois State Police, and any other agency as
7            ordered by the court, within 60 days of the date of
8            service of the order, unless a motion to vacate,
9            modify, or reconsider the order is filed pursuant
10            to paragraph (12) of subsection (d) of this
11            Section;
12                (ii) the records of the circuit court clerk
13            shall be impounded until further order of the
14            court upon good cause shown and the name of the
15            petitioner obliterated on the official index
16            required to be kept by the circuit court clerk
17            under Section 16 of the Clerks of Courts Act, but
18            the order shall not affect any index issued by the
19            circuit court clerk before the entry of the order;
20            and
21                (iii) in response to an inquiry for expunged
22            records, the court, the Illinois State Police, or
23            the agency receiving such inquiry, shall reply as
24            it does in response to inquiries when no records
25            ever existed.
26            (B) Upon entry of an order to expunge records

 

 

HB5495 Engrossed- 47 -LRB103 39013 AWJ 69150 b

1        pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
2        both:
3                (i) the records shall be expunged (as defined
4            in subsection (a)(1)(E)) by the arresting agency
5            and any other agency as ordered by the court,
6            within 60 days of the date of service of the order,
7            unless a motion to vacate, modify, or reconsider
8            the order is filed pursuant to paragraph (12) of
9            subsection (d) of this Section;
10                (ii) the records of the circuit court clerk
11            shall be impounded until further order of the
12            court upon good cause shown and the name of the
13            petitioner obliterated on the official index
14            required to be kept by the circuit court clerk
15            under Section 16 of the Clerks of Courts Act, but
16            the order shall not affect any index issued by the
17            circuit court clerk before the entry of the order;
18                (iii) the records shall be impounded by the
19            Illinois State Police within 60 days of the date
20            of service of the order as ordered by the court,
21            unless a motion to vacate, modify, or reconsider
22            the order is filed pursuant to paragraph (12) of
23            subsection (d) of this Section;
24                (iv) records impounded by the Illinois State
25            Police may be disseminated by the Illinois State
26            Police only as required by law or to the arresting

 

 

HB5495 Engrossed- 48 -LRB103 39013 AWJ 69150 b

1            authority, the State's Attorney, and the court
2            upon a later arrest for the same or a similar
3            offense or for the purpose of sentencing for any
4            subsequent felony, and to the Department of
5            Corrections upon conviction for any offense; and
6                (v) in response to an inquiry for such records
7            from anyone not authorized by law to access such
8            records, the court, the Illinois State Police, or
9            the agency receiving such inquiry shall reply as
10            it does in response to inquiries when no records
11            ever existed.
12            (B-5) Upon entry of an order to expunge records
13        under subsection (e-6):
14                (i) the records shall be expunged (as defined
15            in subsection (a)(1)(E)) by the arresting agency
16            and any other agency as ordered by the court,
17            within 60 days of the date of service of the order,
18            unless a motion to vacate, modify, or reconsider
19            the order is filed under paragraph (12) of
20            subsection (d) of this Section;
21                (ii) the records of the circuit court clerk
22            shall be impounded until further order of the
23            court upon good cause shown and the name of the
24            petitioner obliterated on the official index
25            required to be kept by the circuit court clerk
26            under Section 16 of the Clerks of Courts Act, but

 

 

HB5495 Engrossed- 49 -LRB103 39013 AWJ 69150 b

1            the order shall not affect any index issued by the
2            circuit court clerk before the entry of the order;
3                (iii) the records shall be impounded by the
4            Illinois State Police within 60 days of the date
5            of service of the order as ordered by the court,
6            unless a motion to vacate, modify, or reconsider
7            the order is filed under paragraph (12) of
8            subsection (d) of this Section;
9                (iv) records impounded by the Illinois State
10            Police may be disseminated by the Illinois State
11            Police only as required by law or to the arresting
12            authority, the State's Attorney, and the court
13            upon a later arrest for the same or a similar
14            offense or for the purpose of sentencing for any
15            subsequent felony, and to the Department of
16            Corrections upon conviction for any offense; and
17                (v) in response to an inquiry for these
18            records from anyone not authorized by law to
19            access the records, the court, the Illinois State
20            Police, or the agency receiving the inquiry shall
21            reply as it does in response to inquiries when no
22            records ever existed.
23            (C) Upon entry of an order to seal records under
24        subsection (c), the arresting agency, any other agency
25        as ordered by the court, the Illinois State Police,
26        and the court shall seal the records (as defined in

 

 

HB5495 Engrossed- 50 -LRB103 39013 AWJ 69150 b

1        subsection (a)(1)(K)). In response to an inquiry for
2        such records, from anyone not authorized by law to
3        access such records, the court, the Illinois State
4        Police, or the agency receiving such inquiry shall
5        reply as it does in response to inquiries when no
6        records ever existed.
7            (D) The Illinois State Police shall send written
8        notice to the petitioner of its compliance with each
9        order to expunge or seal records within 60 days of the
10        date of service of that order or, if a motion to
11        vacate, modify, or reconsider is filed, within 60 days
12        of service of the order resolving the motion, if that
13        order requires the Illinois State Police to expunge or
14        seal records. In the event of an appeal from the
15        circuit court order, the Illinois State Police shall
16        send written notice to the petitioner of its
17        compliance with an Appellate Court or Supreme Court
18        judgment to expunge or seal records within 60 days of
19        the issuance of the court's mandate. The notice is not
20        required while any motion to vacate, modify, or
21        reconsider, or any appeal or petition for
22        discretionary appellate review, is pending.
23            (E) Upon motion, the court may order that a sealed
24        judgment or other court record necessary to
25        demonstrate the amount of any legal financial
26        obligation due and owing be made available for the

 

 

HB5495 Engrossed- 51 -LRB103 39013 AWJ 69150 b

1        limited purpose of collecting any legal financial
2        obligations owed by the petitioner that were
3        established, imposed, or originated in the criminal
4        proceeding for which those records have been sealed.
5        The records made available under this subparagraph (E)
6        shall not be entered into the official index required
7        to be kept by the circuit court clerk under Section 16
8        of the Clerks of Courts Act and shall be immediately
9        re-impounded upon the collection of the outstanding
10        financial obligations.
11            (F) Notwithstanding any other provision of this
12        Section, a circuit court clerk may access a sealed
13        record for the limited purpose of collecting payment
14        for any legal financial obligations that were
15        established, imposed, or originated in the criminal
16        proceedings for which those records have been sealed.
17        (10) Fees. The Illinois State Police may charge the
18    petitioner a fee equivalent to the cost of processing any
19    order to expunge or seal records. Notwithstanding any
20    provision of the Clerks of Courts Act to the contrary, the
21    circuit court clerk may charge a fee equivalent to the
22    cost associated with the sealing or expungement of records
23    by the circuit court clerk. From the total filing fee
24    collected for the petition to seal or expunge, the circuit
25    court clerk shall deposit $10 into the Circuit Court Clerk
26    Operation and Administrative Fund, to be used to offset

 

 

HB5495 Engrossed- 52 -LRB103 39013 AWJ 69150 b

1    the costs incurred by the circuit court clerk in
2    performing the additional duties required to serve the
3    petition to seal or expunge on all parties. The circuit
4    court clerk shall collect and remit the Illinois State
5    Police portion of the fee to the State Treasurer and it
6    shall be deposited in the State Police Services Fund. If
7    the record brought under an expungement petition was
8    previously sealed under this Section, the fee for the
9    expungement petition for that same record shall be waived.
10        (11) Final Order. No court order issued under the
11    expungement or sealing provisions of this Section shall
12    become final for purposes of appeal until 30 days after
13    service of the order on the petitioner and all parties
14    entitled to notice of the petition.
15        (12) Motion to Vacate, Modify, or Reconsider. Under
16    Section 2-1203 of the Code of Civil Procedure, the
17    petitioner or any party entitled to notice may file a
18    motion to vacate, modify, or reconsider the order granting
19    or denying the petition to expunge or seal within 60 days
20    of service of the order. If filed more than 60 days after
21    service of the order, a petition to vacate, modify, or
22    reconsider shall comply with subsection (c) of Section
23    2-1401 of the Code of Civil Procedure. Upon filing of a
24    motion to vacate, modify, or reconsider, notice of the
25    motion shall be served upon the petitioner and all parties
26    entitled to notice of the petition.

 

 

HB5495 Engrossed- 53 -LRB103 39013 AWJ 69150 b

1        (13) Effect of Order. An order granting a petition
2    under the expungement or sealing provisions of this
3    Section shall not be considered void because it fails to
4    comply with the provisions of this Section or because of
5    any error asserted in a motion to vacate, modify, or
6    reconsider. The circuit court retains jurisdiction to
7    determine whether the order is voidable and to vacate,
8    modify, or reconsider its terms based on a motion filed
9    under paragraph (12) of this subsection (d).
10        (14) Compliance with Order Granting Petition to Seal
11    Records. Unless a court has entered a stay of an order
12    granting a petition to seal, all parties entitled to
13    notice of the petition must fully comply with the terms of
14    the order within 60 days of service of the order even if a
15    party is seeking relief from the order through a motion
16    filed under paragraph (12) of this subsection (d) or is
17    appealing the order.
18        (15) Compliance with Order Granting Petition to
19    Expunge Records. While a party is seeking relief from the
20    order granting the petition to expunge through a motion
21    filed under paragraph (12) of this subsection (d) or is
22    appealing the order, and unless a court has entered a stay
23    of that order, the parties entitled to notice of the
24    petition must seal, but need not expunge, the records
25    until there is a final order on the motion for relief or,
26    in the case of an appeal, the issuance of that court's

 

 

HB5495 Engrossed- 54 -LRB103 39013 AWJ 69150 b

1    mandate.
2        (16) The changes to this subsection (d) made by Public
3    Act 98-163 apply to all petitions pending on August 5,
4    2013 (the effective date of Public Act 98-163) and to all
5    orders ruling on a petition to expunge or seal on or after
6    August 5, 2013 (the effective date of Public Act 98-163).
7    (e) Whenever a person who has been convicted of an offense
8is granted a pardon by the Governor which specifically
9authorizes expungement, he or she may, upon verified petition
10to the Chief Judge of the circuit where the person had been
11convicted, any judge of the circuit designated by the Chief
12Judge, or in counties of less than 3,000,000 inhabitants, the
13presiding trial judge at the defendant's trial, have a court
14order entered expunging the record of arrest from the official
15records of the arresting authority and order that the records
16of the circuit court clerk and the Illinois State Police be
17sealed until further order of the court upon good cause shown
18or as otherwise provided herein, and the name of the defendant
19obliterated from the official index requested to be kept by
20the circuit court clerk under Section 16 of the Clerks of
21Courts Act in connection with the arrest and conviction for
22the offense for which he or she had been pardoned but the order
23shall not affect any index issued by the circuit court clerk
24before the entry of the order. All records sealed by the
25Illinois State Police may be disseminated by the Illinois
26State Police only to the arresting authority, the State's

 

 

HB5495 Engrossed- 55 -LRB103 39013 AWJ 69150 b

1Attorney, and the court upon a later arrest for the same or
2similar offense or for the purpose of sentencing for any
3subsequent felony. Upon conviction for any subsequent offense,
4the Department of Corrections shall have access to all sealed
5records of the Illinois State Police pertaining to that
6individual. Upon entry of the order of expungement, the
7circuit court clerk shall promptly mail a copy of the order to
8the person who was pardoned.
9    (e-5) Whenever a person who has been convicted of an
10offense is granted a certificate of eligibility for sealing by
11the Prisoner Review Board which specifically authorizes
12sealing, he or she may, upon verified petition to the Chief
13Judge of the circuit where the person had been convicted, any
14judge of the circuit designated by the Chief Judge, or in
15counties of less than 3,000,000 inhabitants, the presiding
16trial judge at the petitioner's trial, have a court order
17entered sealing the record of arrest from the official records
18of the arresting authority and order that the records of the
19circuit court clerk and the Illinois State Police be sealed
20until further order of the court upon good cause shown or as
21otherwise provided herein, and the name of the petitioner
22obliterated from the official index requested to be kept by
23the circuit court clerk under Section 16 of the Clerks of
24Courts Act in connection with the arrest and conviction for
25the offense for which he or she had been granted the
26certificate but the order shall not affect any index issued by

 

 

HB5495 Engrossed- 56 -LRB103 39013 AWJ 69150 b

1the circuit court clerk before the entry of the order. All
2records sealed by the Illinois State Police may be
3disseminated by the Illinois State Police only as required by
4this Act or to the arresting authority, a law enforcement
5agency, the State's Attorney, and the court upon a later
6arrest for the same or similar offense or for the purpose of
7sentencing for any subsequent felony. Upon conviction for any
8subsequent offense, the Department of Corrections shall have
9access to all sealed records of the Illinois State Police
10pertaining to that individual. Upon entry of the order of
11sealing, the circuit court clerk shall promptly mail a copy of
12the order to the person who was granted the certificate of
13eligibility for sealing.
14    (e-6) Whenever a person who has been convicted of an
15offense is granted a certificate of eligibility for
16expungement by the Prisoner Review Board which specifically
17authorizes expungement, he or she may, upon verified petition
18to the Chief Judge of the circuit where the person had been
19convicted, any judge of the circuit designated by the Chief
20Judge, or in counties of less than 3,000,000 inhabitants, the
21presiding trial judge at the petitioner's trial, have a court
22order entered expunging the record of arrest from the official
23records of the arresting authority and order that the records
24of the circuit court clerk and the Illinois State Police be
25sealed until further order of the court upon good cause shown
26or as otherwise provided herein, and the name of the

 

 

HB5495 Engrossed- 57 -LRB103 39013 AWJ 69150 b

1petitioner obliterated from the official index requested to be
2kept by the circuit court clerk under Section 16 of the Clerks
3of Courts Act in connection with the arrest and conviction for
4the offense for which he or she had been granted the
5certificate but the order shall not affect any index issued by
6the circuit court clerk before the entry of the order. All
7records sealed by the Illinois State Police may be
8disseminated by the Illinois State Police only as required by
9this Act or to the arresting authority, a law enforcement
10agency, the State's Attorney, and the court upon a later
11arrest for the same or similar offense or for the purpose of
12sentencing for any subsequent felony. Upon conviction for any
13subsequent offense, the Department of Corrections shall have
14access to all expunged records of the Illinois State Police
15pertaining to that individual. Upon entry of the order of
16expungement, the circuit court clerk shall promptly mail a
17copy of the order to the person who was granted the certificate
18of eligibility for expungement.
19    (f) Subject to available funding, the Illinois Department
20of Corrections shall conduct a study of the impact of sealing,
21especially on employment and recidivism rates, utilizing a
22random sample of those who apply for the sealing of their
23criminal records under Public Act 93-211. At the request of
24the Illinois Department of Corrections, records of the
25Illinois Department of Employment Security shall be utilized
26as appropriate to assist in the study. The study shall not

 

 

HB5495 Engrossed- 58 -LRB103 39013 AWJ 69150 b

1disclose any data in a manner that would allow the
2identification of any particular individual or employing unit.
3The study shall be made available to the General Assembly no
4later than September 1, 2010.
5    (g) Immediate Sealing.
6        (1) Applicability. Notwithstanding any other provision
7    of this Act to the contrary, and cumulative with any
8    rights to expungement or sealing of criminal records, this
9    subsection authorizes the immediate sealing of criminal
10    records of adults and of minors prosecuted as adults.
11        (2) Eligible Records. Arrests or charges not initiated
12    by arrest resulting in acquittal or dismissal with
13    prejudice, except as excluded by subsection (a)(3)(B),
14    that occur on or after January 1, 2018 (the effective date
15    of Public Act 100-282), may be sealed immediately if the
16    petition is filed with the circuit court clerk on the same
17    day and during the same hearing in which the case is
18    disposed.
19        (3) When Records are Eligible to be Immediately
20    Sealed. Eligible records under paragraph (2) of this
21    subsection (g) may be sealed immediately after entry of
22    the final disposition of a case, notwithstanding the
23    disposition of other charges in the same case.
24        (4) Notice of Eligibility for Immediate Sealing. Upon
25    entry of a disposition for an eligible record under this
26    subsection (g), the defendant shall be informed by the

 

 

HB5495 Engrossed- 59 -LRB103 39013 AWJ 69150 b

1    court of his or her right to have eligible records
2    immediately sealed and the procedure for the immediate
3    sealing of these records.
4        (5) Procedure. The following procedures apply to
5    immediate sealing under this subsection (g).
6            (A) Filing the Petition. Upon entry of the final
7        disposition of the case, the defendant's attorney may
8        immediately petition the court, on behalf of the
9        defendant, for immediate sealing of eligible records
10        under paragraph (2) of this subsection (g) that are
11        entered on or after January 1, 2018 (the effective
12        date of Public Act 100-282). The immediate sealing
13        petition may be filed with the circuit court clerk
14        during the hearing in which the final disposition of
15        the case is entered. If the defendant's attorney does
16        not file the petition for immediate sealing during the
17        hearing, the defendant may file a petition for sealing
18        at any time as authorized under subsection (c)(3)(A).
19            (B) Contents of Petition. The immediate sealing
20        petition shall be verified and shall contain the
21        petitioner's name, date of birth, current address, and
22        for each eligible record, the case number, the date of
23        arrest if applicable, the identity of the arresting
24        authority if applicable, and other information as the
25        court may require.
26            (C) Drug Test. The petitioner shall not be

 

 

HB5495 Engrossed- 60 -LRB103 39013 AWJ 69150 b

1        required to attach proof that he or she has passed a
2        drug test.
3            (D) Service of Petition. A copy of the petition
4        shall be served on the State's Attorney in open court.
5        The petitioner shall not be required to serve a copy of
6        the petition on any other agency.
7            (E) Entry of Order. The presiding trial judge
8        shall enter an order granting or denying the petition
9        for immediate sealing during the hearing in which it
10        is filed. Petitions for immediate sealing shall be
11        ruled on in the same hearing in which the final
12        disposition of the case is entered.
13            (F) Hearings. The court shall hear the petition
14        for immediate sealing on the same day and during the
15        same hearing in which the disposition is rendered.
16            (G) Service of Order. An order to immediately seal
17        eligible records shall be served in conformance with
18        subsection (d)(8).
19            (H) Implementation of Order. An order to
20        immediately seal records shall be implemented in
21        conformance with subsections (d)(9)(C) and (d)(9)(D).
22            (I) Fees. The fee imposed by the circuit court
23        clerk and the Illinois State Police shall comply with
24        paragraph (1) of subsection (d) of this Section.
25            (J) Final Order. No court order issued under this
26        subsection (g) shall become final for purposes of

 

 

HB5495 Engrossed- 61 -LRB103 39013 AWJ 69150 b

1        appeal until 30 days after service of the order on the
2        petitioner and all parties entitled to service of the
3        order in conformance with subsection (d)(8).
4            (K) Motion to Vacate, Modify, or Reconsider. Under
5        Section 2-1203 of the Code of Civil Procedure, the
6        petitioner, State's Attorney, or the Illinois State
7        Police may file a motion to vacate, modify, or
8        reconsider the order denying the petition to
9        immediately seal within 60 days of service of the
10        order. If filed more than 60 days after service of the
11        order, a petition to vacate, modify, or reconsider
12        shall comply with subsection (c) of Section 2-1401 of
13        the Code of Civil Procedure.
14            (L) Effect of Order. An order granting an
15        immediate sealing petition shall not be considered
16        void because it fails to comply with the provisions of
17        this Section or because of an error asserted in a
18        motion to vacate, modify, or reconsider. The circuit
19        court retains jurisdiction to determine whether the
20        order is voidable, and to vacate, modify, or
21        reconsider its terms based on a motion filed under
22        subparagraph (L) of this subsection (g).
23            (M) Compliance with Order Granting Petition to
24        Seal Records. Unless a court has entered a stay of an
25        order granting a petition to immediately seal, all
26        parties entitled to service of the order must fully

 

 

HB5495 Engrossed- 62 -LRB103 39013 AWJ 69150 b

1        comply with the terms of the order within 60 days of
2        service of the order.
3    (h) Sealing or vacation and expungement of trafficking
4victims' crimes.
5        (1) A trafficking victim, as defined by paragraph (10)
6    of subsection (a) of Section 10-9 of the Criminal Code of
7    2012, may petition for vacation and expungement or
8    immediate sealing of his or her criminal record upon the
9    completion of his or her last sentence if his or her
10    participation in the underlying offense was a result of
11    human trafficking under Section 10-9 of the Criminal Code
12    of 2012 or a severe form of trafficking under the federal
13    Trafficking Victims Protection Act.
14        (1.5) A petition under paragraph (1) shall be
15    prepared, signed, and filed in accordance with Supreme
16    Court Rule 9. The court may allow the petitioner to attend
17    any required hearing remotely in accordance with local
18    rules. The court may allow a petition to be filed under
19    seal if the public filing of the petition would constitute
20    a risk of harm to the petitioner.
21        (2) A petitioner under this subsection (h), in
22    addition to the requirements provided under paragraph (4)
23    of subsection (d) of this Section, shall include in his or
24    her petition a clear and concise statement that: (A) he or
25    she was a victim of human trafficking at the time of the
26    offense; and (B) that his or her participation in the

 

 

HB5495 Engrossed- 63 -LRB103 39013 AWJ 69150 b

1    offense was a result of human trafficking under Section
2    10-9 of the Criminal Code of 2012 or a severe form of
3    trafficking under the federal Trafficking Victims
4    Protection Act.
5        (3) If an objection is filed alleging that the
6    petitioner is not entitled to vacation and expungement or
7    immediate sealing under this subsection (h), the court
8    shall conduct a hearing under paragraph (7) of subsection
9    (d) of this Section and the court shall determine whether
10    the petitioner is entitled to vacation and expungement or
11    immediate sealing under this subsection (h). A petitioner
12    is eligible for vacation and expungement or immediate
13    relief under this subsection (h) if he or she shows, by a
14    preponderance of the evidence, that: (A) he or she was a
15    victim of human trafficking at the time of the offense;
16    and (B) that his or her participation in the offense was a
17    result of human trafficking under Section 10-9 of the
18    Criminal Code of 2012 or a severe form of trafficking
19    under the federal Trafficking Victims Protection Act.
20    (i) Minor Cannabis Offenses under the Cannabis Control
21Act.
22        (1) Expungement of Arrest Records of Minor Cannabis
23    Offenses.
24            (A) The Illinois State Police and all law
25        enforcement agencies within the State shall
26        automatically expunge all criminal history records of

 

 

HB5495 Engrossed- 64 -LRB103 39013 AWJ 69150 b

1        an arrest, charge not initiated by arrest, order of
2        supervision, or order of qualified probation for a
3        Minor Cannabis Offense committed prior to June 25,
4        2019 (the effective date of Public Act 101-27) if:
5                (i) One year or more has elapsed since the
6            date of the arrest or law enforcement interaction
7            documented in the records; and
8                (ii) No criminal charges were filed relating
9            to the arrest or law enforcement interaction or
10            criminal charges were filed and subsequently
11            dismissed or vacated or the arrestee was
12            acquitted.
13            (B) If the law enforcement agency is unable to
14        verify satisfaction of condition (ii) in paragraph
15        (A), records that satisfy condition (i) in paragraph
16        (A) shall be automatically expunged.
17            (C) Records shall be expunged by the law
18        enforcement agency under the following timelines:
19                (i) Records created prior to June 25, 2019
20            (the effective date of Public Act 101-27), but on
21            or after January 1, 2013, shall be automatically
22            expunged prior to January 1, 2021;
23                (ii) Records created prior to January 1, 2013,
24            but on or after January 1, 2000, shall be
25            automatically expunged prior to January 1, 2023;
26                (iii) Records created prior to January 1, 2000

 

 

HB5495 Engrossed- 65 -LRB103 39013 AWJ 69150 b

1            shall be automatically expunged prior to January
2            1, 2025.
3            In response to an inquiry for expunged records,
4        the law enforcement agency receiving such inquiry
5        shall reply as it does in response to inquiries when no
6        records ever existed; however, it shall provide a
7        certificate of disposition or confirmation that the
8        record was expunged to the individual whose record was
9        expunged if such a record exists.
10            (D) Nothing in this Section shall be construed to
11        restrict or modify an individual's right to have that
12        individual's records expunged except as otherwise may
13        be provided in this Act, or diminish or abrogate any
14        rights or remedies otherwise available to the
15        individual.
16        (2) Pardons Authorizing Expungement of Minor Cannabis
17    Offenses.
18            (A) Upon June 25, 2019 (the effective date of
19        Public Act 101-27), the Department of State Police
20        shall review all criminal history record information
21        and identify all records that meet all of the
22        following criteria:
23                (i) one or more convictions for a Minor
24            Cannabis Offense;
25                (ii) the conviction identified in paragraph
26            (2)(A)(i) did not include a penalty enhancement

 

 

HB5495 Engrossed- 66 -LRB103 39013 AWJ 69150 b

1            under Section 7 of the Cannabis Control Act; and
2                (iii) the conviction identified in paragraph
3            (2)(A)(i) is not associated with a conviction for
4            a violent crime as defined in subsection (c) of
5            Section 3 of the Rights of Crime Victims and
6            Witnesses Act.
7            (B) Within 180 days after June 25, 2019 (the
8        effective date of Public Act 101-27), the Department
9        of State Police shall notify the Prisoner Review Board
10        of all such records that meet the criteria established
11        in paragraph (2)(A).
12                (i) The Prisoner Review Board shall notify the
13            State's Attorney of the county of conviction of
14            each record identified by State Police in
15            paragraph (2)(A) that is classified as a Class 4
16            felony. The State's Attorney may provide a written
17            objection to the Prisoner Review Board on the sole
18            basis that the record identified does not meet the
19            criteria established in paragraph (2)(A). Such an
20            objection must be filed within 60 days or by such
21            later date set by the Prisoner Review Board in the
22            notice after the State's Attorney received notice
23            from the Prisoner Review Board.
24                (ii) In response to a written objection from a
25            State's Attorney, the Prisoner Review Board is
26            authorized to conduct a non-public hearing to

 

 

HB5495 Engrossed- 67 -LRB103 39013 AWJ 69150 b

1            evaluate the information provided in the
2            objection.
3                (iii) The Prisoner Review Board shall make a
4            confidential and privileged recommendation to the
5            Governor as to whether to grant a pardon
6            authorizing expungement for each of the records
7            identified by the Department of State Police as
8            described in paragraph (2)(A).
9            (C) If an individual has been granted a pardon
10        authorizing expungement as described in this Section,
11        the Prisoner Review Board, through the Attorney
12        General, shall file a petition for expungement with
13        the Chief Judge of the circuit or any judge of the
14        circuit designated by the Chief Judge where the
15        individual had been convicted. Such petition may
16        include more than one individual. Whenever an
17        individual who has been convicted of an offense is
18        granted a pardon by the Governor that specifically
19        authorizes expungement, an objection to the petition
20        may not be filed. Petitions to expunge under this
21        subsection (i) may include more than one individual.
22        Within 90 days of the filing of such a petition, the
23        court shall enter an order expunging the records of
24        arrest from the official records of the arresting
25        authority and order that the records of the circuit
26        court clerk and the Illinois State Police be expunged

 

 

HB5495 Engrossed- 68 -LRB103 39013 AWJ 69150 b

1        and the name of the defendant obliterated from the
2        official index requested to be kept by the circuit
3        court clerk under Section 16 of the Clerks of Courts
4        Act in connection with the arrest and conviction for
5        the offense for which the individual had received a
6        pardon but the order shall not affect any index issued
7        by the circuit court clerk before the entry of the
8        order. Upon entry of the order of expungement, the
9        circuit court clerk shall promptly provide a copy of
10        the order and a certificate of disposition to the
11        individual who was pardoned to the individual's last
12        known address or by electronic means (if available) or
13        otherwise make it available to the individual upon
14        request.
15            (D) Nothing in this Section is intended to
16        diminish or abrogate any rights or remedies otherwise
17        available to the individual.
18        (3) Any individual may file a motion to vacate and
19    expunge a conviction for a misdemeanor or Class 4 felony
20    violation of Section 4 or Section 5 of the Cannabis
21    Control Act. Motions to vacate and expunge under this
22    subsection (i) may be filed with the circuit court, Chief
23    Judge of a judicial circuit or any judge of the circuit
24    designated by the Chief Judge. The circuit court clerk
25    shall promptly serve a copy of the motion to vacate and
26    expunge, and any supporting documentation, on the State's

 

 

HB5495 Engrossed- 69 -LRB103 39013 AWJ 69150 b

1    Attorney or prosecutor charged with the duty of
2    prosecuting the offense. When considering such a motion to
3    vacate and expunge, a court shall consider the following:
4    the reasons to retain the records provided by law
5    enforcement, the petitioner's age, the petitioner's age at
6    the time of offense, the time since the conviction, and
7    the specific adverse consequences if denied. An individual
8    may file such a petition after the completion of any
9    non-financial sentence or non-financial condition imposed
10    by the conviction. Within 60 days of the filing of such
11    motion, a State's Attorney may file an objection to such a
12    petition along with supporting evidence. If a motion to
13    vacate and expunge is granted, the records shall be
14    expunged in accordance with subparagraphs (d)(8) and
15    (d)(9)(A) of this Section. An agency providing civil legal
16    aid, as defined by Section 15 of the Public Interest
17    Attorney Assistance Act, assisting individuals seeking to
18    file a motion to vacate and expunge under this subsection
19    may file motions to vacate and expunge with the Chief
20    Judge of a judicial circuit or any judge of the circuit
21    designated by the Chief Judge, and the motion may include
22    more than one individual. Motions filed by an agency
23    providing civil legal aid concerning more than one
24    individual may be prepared, presented, and signed
25    electronically.
26        (4) Any State's Attorney may file a motion to vacate

 

 

HB5495 Engrossed- 70 -LRB103 39013 AWJ 69150 b

1    and expunge a conviction for a misdemeanor or Class 4
2    felony violation of Section 4 or Section 5 of the Cannabis
3    Control Act. Motions to vacate and expunge under this
4    subsection (i) may be filed with the circuit court, Chief
5    Judge of a judicial circuit or any judge of the circuit
6    designated by the Chief Judge, and may include more than
7    one individual. Motions filed by a State's Attorney
8    concerning more than one individual may be prepared,
9    presented, and signed electronically. When considering
10    such a motion to vacate and expunge, a court shall
11    consider the following: the reasons to retain the records
12    provided by law enforcement, the individual's age, the
13    individual's age at the time of offense, the time since
14    the conviction, and the specific adverse consequences if
15    denied. Upon entry of an order granting a motion to vacate
16    and expunge records pursuant to this Section, the State's
17    Attorney shall notify the Prisoner Review Board within 30
18    days. Upon entry of the order of expungement, the circuit
19    court clerk shall promptly provide a copy of the order and
20    a certificate of disposition to the individual whose
21    records will be expunged to the individual's last known
22    address or by electronic means (if available) or otherwise
23    make available to the individual upon request. If a motion
24    to vacate and expunge is granted, the records shall be
25    expunged in accordance with subparagraphs (d)(8) and
26    (d)(9)(A) of this Section.

 

 

HB5495 Engrossed- 71 -LRB103 39013 AWJ 69150 b

1        (5) In the public interest, the State's Attorney of a
2    county has standing to file motions to vacate and expunge
3    pursuant to this Section in the circuit court with
4    jurisdiction over the underlying conviction.
5        (6) If a person is arrested for a Minor Cannabis
6    Offense as defined in this Section before June 25, 2019
7    (the effective date of Public Act 101-27) and the person's
8    case is still pending but a sentence has not been imposed,
9    the person may petition the court in which the charges are
10    pending for an order to summarily dismiss those charges
11    against him or her, and expunge all official records of
12    his or her arrest, plea, trial, conviction, incarceration,
13    supervision, or expungement. If the court determines, upon
14    review, that: (A) the person was arrested before June 25,
15    2019 (the effective date of Public Act 101-27) for an
16    offense that has been made eligible for expungement; (B)
17    the case is pending at the time; and (C) the person has not
18    been sentenced of the minor cannabis violation eligible
19    for expungement under this subsection, the court shall
20    consider the following: the reasons to retain the records
21    provided by law enforcement, the petitioner's age, the
22    petitioner's age at the time of offense, the time since
23    the conviction, and the specific adverse consequences if
24    denied. If a motion to dismiss and expunge is granted, the
25    records shall be expunged in accordance with subparagraph
26    (d)(9)(A) of this Section.

 

 

HB5495 Engrossed- 72 -LRB103 39013 AWJ 69150 b

1        (7) A person imprisoned solely as a result of one or
2    more convictions for Minor Cannabis Offenses under this
3    subsection (i) shall be released from incarceration upon
4    the issuance of an order under this subsection.
5        (8) The Illinois State Police shall allow a person to
6    use the access and review process, established in the
7    Illinois State Police, for verifying that his or her
8    records relating to Minor Cannabis Offenses of the
9    Cannabis Control Act eligible under this Section have been
10    expunged.
11        (9) No conviction vacated pursuant to this Section
12    shall serve as the basis for damages for time unjustly
13    served as provided in the Court of Claims Act.
14        (10) Effect of Expungement. A person's right to
15    expunge an expungeable offense shall not be limited under
16    this Section. The effect of an order of expungement shall
17    be to restore the person to the status he or she occupied
18    before the arrest, charge, or conviction.
19        (11) Information. The Illinois State Police shall post
20    general information on its website about the expungement
21    process described in this subsection (i).
22    (j) Felony Prostitution Convictions.
23        (1) Any individual may file a motion to vacate and
24    expunge a conviction for a prior Class 4 felony violation
25    of prostitution. Motions to vacate and expunge under this
26    subsection (j) may be filed with the circuit court, Chief

 

 

HB5495 Engrossed- 73 -LRB103 39013 AWJ 69150 b

1    Judge of a judicial circuit, or any judge of the circuit
2    designated by the Chief Judge. When considering the motion
3    to vacate and expunge, a court shall consider the
4    following:
5            (A) the reasons to retain the records provided by
6        law enforcement;
7            (B) the petitioner's age;
8            (C) the petitioner's age at the time of offense;
9        and
10            (D) the time since the conviction, and the
11        specific adverse consequences if denied. An individual
12        may file the petition after the completion of any
13        sentence or condition imposed by the conviction.
14        Within 60 days of the filing of the motion, a State's
15        Attorney may file an objection to the petition along
16        with supporting evidence. If a motion to vacate and
17        expunge is granted, the records shall be expunged in
18        accordance with subparagraph (d)(9)(A) of this
19        Section. An agency providing civil legal aid, as
20        defined in Section 15 of the Public Interest Attorney
21        Assistance Act, assisting individuals seeking to file
22        a motion to vacate and expunge under this subsection
23        may file motions to vacate and expunge with the Chief
24        Judge of a judicial circuit or any judge of the circuit
25        designated by the Chief Judge, and the motion may
26        include more than one individual.

 

 

HB5495 Engrossed- 74 -LRB103 39013 AWJ 69150 b

1        (2) Any State's Attorney may file a motion to vacate
2    and expunge a conviction for a Class 4 felony violation of
3    prostitution. Motions to vacate and expunge under this
4    subsection (j) may be filed with the circuit court, Chief
5    Judge of a judicial circuit, or any judge of the circuit
6    court designated by the Chief Judge, and may include more
7    than one individual. When considering the motion to vacate
8    and expunge, a court shall consider the following reasons:
9            (A) the reasons to retain the records provided by
10        law enforcement;
11            (B) the petitioner's age;
12            (C) the petitioner's age at the time of offense;
13            (D) the time since the conviction; and
14            (E) the specific adverse consequences if denied.
15        If the State's Attorney files a motion to vacate and
16    expunge records for felony prostitution convictions
17    pursuant to this Section, the State's Attorney shall
18    notify the Prisoner Review Board within 30 days of the
19    filing. If a motion to vacate and expunge is granted, the
20    records shall be expunged in accordance with subparagraph
21    (d)(9)(A) of this Section.
22        (3) In the public interest, the State's Attorney of a
23    county has standing to file motions to vacate and expunge
24    pursuant to this Section in the circuit court with
25    jurisdiction over the underlying conviction.
26        (4) The Illinois State Police shall allow a person to

 

 

HB5495 Engrossed- 75 -LRB103 39013 AWJ 69150 b

1    a use the access and review process, established in the
2    Illinois State Police, for verifying that his or her
3    records relating to felony prostitution eligible under
4    this Section have been expunged.
5        (5) No conviction vacated pursuant to this Section
6    shall serve as the basis for damages for time unjustly
7    served as provided in the Court of Claims Act.
8        (6) Effect of Expungement. A person's right to expunge
9    an expungeable offense shall not be limited under this
10    Section. The effect of an order of expungement shall be to
11    restore the person to the status he or she occupied before
12    the arrest, charge, or conviction.
13        (7) Information. The Illinois State Police shall post
14    general information on its website about the expungement
15    process described in this subsection (j).
16(Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;
17102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
181-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)
 
19    Section 35. The Illinois Vehicle Hijacking and Motor
20Vehicle Theft Prevention and Insurance Verification Act is
21amended by changing Section 8.6 as follows:
 
22    (20 ILCS 4005/8.6)
23    Sec. 8.6. Private passenger motor vehicle insurance. State
24Police Training and Academy Fund; Law Enforcement Training

 

 

HB5495 Engrossed- 76 -LRB103 39013 AWJ 69150 b

1Fund. Before April 1 of each year, each insurer engaged in
2writing private passenger motor vehicle insurance coverage
3that is included in Class 2 and Class 3 of Section 4 of the
4Illinois Insurance Code, as a condition of its authority to
5transact business in this State, may collect and shall pay to
6the Department of Insurance an amount equal to $4, or a lesser
7amount determined by the Illinois Law Enforcement Training
8Standards Board by rule, multiplied by the insurer's total
9earned car years of private passenger motor vehicle insurance
10policies providing physical damage insurance coverage written
11in this State during the preceding calendar year. Of the
12amounts collected under this Section, the Department of
13Insurance shall deposit 10% into the State Police Law
14Enforcement Administration Fund State Police Training and
15Academy Fund and 90% into the Law Enforcement Training Fund.
16(Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22;
17102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.)
 
18    Section 40. The State Finance Act is amended by changing
19Sections 5.946, 5.963, 6z-106, 6z-125, and 6z-127 as follows:
 
20    (30 ILCS 105/5.946)
21    Sec. 5.946. The State Police Training and Academy Fund.
22This Section is repealed on July 1, 2025.
23(Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22.)
 

 

 

HB5495 Engrossed- 77 -LRB103 39013 AWJ 69150 b

1    (30 ILCS 105/5.963)
2    Sec. 5.963. The State Police Firearm Revocation
3Enforcement 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
7Fund.
8    (a) There is created in the State treasury a special fund
9known as the State Police Law Enforcement Administration Fund.
10The Fund shall receive revenue under subsection (c) of Section
1110-5 of the Criminal and Traffic Assessment Act and Section
12500-135 of the Illinois Insurance Code. The Fund shall also
13receive the moneys designated to be paid into the Fund under
14subsection (a-5) of Section 500-135 of the Illinois Insurance
15Code and Section 8.6 of the Illinois Vehicle Hijacking and
16Motor Vehicle Theft Prevention and Insurance Verification Act.
17The Fund may also receive revenue from grants, donations,
18appropriations, and any other legal source.
19    (b) The Illinois State Police may use moneys in the Fund to
20finance any of its lawful purposes or functions, including,
21but not limited to, training for forensic laboratory personnel
22and other State Police personnel. However, ; however, the
23primary purpose of the Fund shall be to finance State Police
24cadet classes in May and October of each year.
25    (c) Expenditures may be made from the Fund only as

 

 

HB5495 Engrossed- 78 -LRB103 39013 AWJ 69150 b

1appropriated by the General Assembly by law.
2    (d) Investment income that is attributable to the
3investment of moneys in the Fund shall be retained in the Fund
4for the uses specified in this Section.
5    (e) The State Police Law Enforcement Administration Fund
6shall not be subject to administrative chargebacks.
7(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
 
8    (30 ILCS 105/6z-125)
9    Sec. 6z-125. State Police Training and Academy Fund. The
10State Police Training and Academy Fund is hereby created as a
11special fund in the State treasury. Moneys in the Fund shall
12consist of: (i) 10% of the revenue from increasing the
13insurance producer license fees, as provided under subsection
14(a-5) of Section 500-135 of the Illinois Insurance Code; and
15(ii) 10% of the moneys collected from auto insurance policy
16fees under Section 8.6 of the Illinois Vehicle Hijacking and
17Motor Vehicle Theft Prevention and Insurance Verification Act.
18This Fund shall be used by the Illinois State Police to fund
19training and other State Police institutions, including, but
20not limited to, forensic laboratories. On July 1, 2025, or as
21soon thereafter as possible, the balance remaining in the
22State Police Training and Academy Fund shall be transferred to
23the State Police Law Enforcement Administration Fund. The
24State Police Training and Academy Fund is dissolved upon that
25transfer. This Section is repealed on January 1, 2026.

 

 

HB5495 Engrossed- 79 -LRB103 39013 AWJ 69150 b

1(Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22;
2102-904, eff. 1-1-23.)
 
3    (30 ILCS 105/6z-127)
4    Sec. 6z-127. State Police Firearm Revocation Enforcement
5Fund.
6    (a) The State Police Firearm Revocation Enforcement Fund
7is established as a special fund in the State treasury. This
8Fund is established to receive moneys from the Firearm Owners
9Identification Card Act to enforce that Act, the Firearm
10Concealed Carry Act, Article 24 of the Criminal Code of 2012,
11and other firearm offenses. The Fund may also receive revenue
12from grants, donations, appropriations, and any other legal
13source.
14    (b) The Illinois State Police may use moneys from the Fund
15to establish task forces and, if necessary, include other law
16enforcement agencies, under intergovernmental contracts
17written and executed in conformity with the Intergovernmental
18Cooperation Act.
19    (c) The Illinois State Police may use moneys in the Fund to
20hire and train State Police officers and for the prevention of
21violent crime.
22    (d) The State Police Firearm Revocation Enforcement Fund
23is not subject to administrative chargebacks.
24    (e) Law enforcement agencies that participate in Firearm
25Owner's Identification Card revocation enforcement in the

 

 

HB5495 Engrossed- 80 -LRB103 39013 AWJ 69150 b

1Violent Crime Intelligence Task Force may apply for grants
2from the Illinois State Police.
3    (f) Any surplus in the Fund beyond what is necessary to
4ensure compliance with subsections (a) through (e) or moneys
5that are specifically appropriated for those purposes shall be
6used by the Illinois State Police to award grants to assist
7with the data reporting requirements of the Gun Trafficking
8Information Act.
9(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22;
10103-34, eff. 6-9-23.)
 
11    Section 45. The School Code is amended by changing
12Sections 10-27.1A and 10-27.1B as follows:
 
13    (105 ILCS 5/10-27.1A)
14    Sec. 10-27.1A. Firearms in schools.
15    (a) All school officials, including teachers, school
16counselors, and support staff, shall immediately notify the
17office of the principal in the event that they observe any
18person in possession of a firearm on school grounds; provided
19that taking such immediate action to notify the office of the
20principal would not immediately endanger the health, safety,
21or welfare of students who are under the direct supervision of
22the school official or the school official. If the health,
23safety, or welfare of students under the direct supervision of
24the school official or of the school official is immediately

 

 

HB5495 Engrossed- 81 -LRB103 39013 AWJ 69150 b

1endangered, the school official shall notify the office of the
2principal as soon as the students under his or her supervision
3and he or she are no longer under immediate danger. A report is
4not required by this Section when the school official knows
5that the person in possession of the firearm is a law
6enforcement official engaged in the conduct of his or her
7official duties. Any school official acting in good faith who
8makes such a report under this Section shall have immunity
9from any civil or criminal liability that might otherwise be
10incurred as a result of making the report. The identity of the
11school official making such report shall not be disclosed
12except as expressly and specifically authorized by law.
13Knowingly and willfully failing to comply with this Section is
14a petty offense. A second or subsequent offense is a Class C
15misdemeanor.
16    (b) Upon receiving a report from any school official
17pursuant to this Section, or from any other person, the
18principal or his or her designee shall immediately notify a
19local law enforcement agency. If the person found to be in
20possession of a firearm on school grounds is a student, the
21principal or his or her designee shall also immediately notify
22that student's parent or guardian. Any principal or his or her
23designee acting in good faith who makes such reports under
24this Section shall have immunity from any civil or criminal
25liability that might otherwise be incurred or imposed as a
26result of making the reports. Knowingly and willfully failing

 

 

HB5495 Engrossed- 82 -LRB103 39013 AWJ 69150 b

1to comply with this Section is a petty offense. A second or
2subsequent offense is a Class C misdemeanor. If the person
3found to be in possession of the firearm on school grounds is a
4minor, the law enforcement agency shall detain that minor
5until such time as the agency makes a determination pursuant
6to clause (a) of subsection (1) of Section 5-401 of the
7Juvenile Court Act of 1987, as to whether the agency
8reasonably believes that the minor is delinquent. If the law
9enforcement agency determines that probable cause exists to
10believe that the minor committed a violation of item (4) of
11subsection (a) of Section 24-1 of the Criminal Code of 2012
12while on school grounds, the agency shall detain the minor for
13processing pursuant to Section 5-407 of the Juvenile Court Act
14of 1987.
15    (c) Upon receipt of any written, electronic, or verbal
16report from any school personnel regarding a verified incident
17involving a firearm in a school or on school owned or leased
18property, including any conveyance owned, leased, or used by
19the school for the transport of students or school personnel,
20the superintendent or his or her designee shall report all
21such firearm-related incidents occurring in a school or on
22school property to the local law enforcement authorities
23immediately, who shall report to the Illinois State Police in
24a form, manner, and frequency as prescribed by the Illinois
25State Police.
26    The State Board of Education shall receive an annual

 

 

HB5495 Engrossed- 83 -LRB103 39013 AWJ 69150 b

1statistical compilation and related data associated with
2incidents involving firearms in schools from the Illinois
3State Police. The State Board of Education shall compile this
4information by school district and make it available to the
5public.
6    (c-5) Schools shall report any written, electronic, or
7verbal report of a verified incident involving a firearm made
8under subsection (c) to the State Board of Education through
9existing school incident reporting systems as they occur
10during the year by no later than August 1 of each year. The
11State Board of Education shall report data by school district,
12as collected from school districts, and make it available to
13the public via its website. The local law enforcement
14authority shall, by March 1 of each year, report the required
15data from the previous year to the Illinois State Police's
16Illinois Uniform Crime Reporting Program, which shall be
17included in its annual Crime in Illinois report.
18    (d) As used in this Section, the term "firearm" shall have
19the meaning ascribed to it in Section 1.1 of the Firearm Owners
20Identification Card Act.
21    As used in this Section, the term "school" means any
22public or private elementary or secondary school.
23    As used in this Section, the term "school grounds"
24includes the real property comprising any school, any
25conveyance owned, leased, or contracted by a school to
26transport students to or from school or a school-related

 

 

HB5495 Engrossed- 84 -LRB103 39013 AWJ 69150 b

1activity, or any public way within 1,000 feet of the real
2property comprising any school.
3(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
4102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
 
5    (105 ILCS 5/10-27.1B)
6    Sec. 10-27.1B. Reporting drug-related incidents in
7schools.
8    (a) In this Section:
9    "Drug" means "cannabis" as defined under subsection (a) of
10Section 3 of the Cannabis Control Act, "narcotic drug" as
11defined under subsection (aa) of Section 102 of the Illinois
12Controlled Substances Act, or "methamphetamine" as defined
13under Section 10 of the Methamphetamine Control and Community
14Protection Act.
15    "School" means any public or private elementary or
16secondary school.
17    (b) Upon receipt of any written, electronic, or verbal
18report from any school personnel regarding a verified incident
19involving drugs in a school or on school owned or leased
20property, including any conveyance owned, leased, or used by
21the school for the transport of students or school personnel,
22the superintendent or his or her designee, or other
23appropriate administrative officer for a private school, shall
24report all such drug-related incidents occurring in a school
25or on school property to the local law enforcement authorities

 

 

HB5495 Engrossed- 85 -LRB103 39013 AWJ 69150 b

1immediately and to the Illinois State Police in a form,
2manner, and frequency as prescribed by the Illinois State
3Police.
4    (c) (Blank). The State Board of Education shall receive an
5annual statistical compilation and related data associated
6with drug-related incidents in schools from the Illinois State
7Police. The State Board of Education shall compile this
8information by school district and make it available to the
9public.
10    (d) Schools shall report any written, electronic, or
11verbal report of an incident involving drugs made under
12subsection (b) to the State Board of Education through
13existing school incident reporting systems as they occur
14during the year by no later than August 1 of each year. The
15State Board of Education shall report data by school district,
16as collected from school districts, and make it available to
17the public via its website. The local law enforcement
18authority shall, by March 1 of each year, report the required
19data from the previous year to the Illinois State Police's
20Illinois Uniform Crime Reporting Program, which shall be
21included in its annual Crime in Illinois report.
22(Source: P.A. 102-538, eff. 8-20-21.)
 
23    Section 50. The Illinois Insurance Code is amended by
24changing Section 500-135 as follows:
 

 

 

HB5495 Engrossed- 86 -LRB103 39013 AWJ 69150 b

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
26    Illinois, and $380 for a person who is not a resident of

 

 

HB5495 Engrossed- 87 -LRB103 39013 AWJ 69150 b

1    Illinois, payable once every 2 years for a car rental
2    limited line license;
3        (9) a fee of $200 payable once every 2 years for a
4    limited lines license other than the licenses issued under
5    items (1) through (8) of subsection (a) of Section
6    500-100, a car rental limited line license, or a
7    self-service storage facility limited line license;
8        (10) a fee of $50 payable once every 2 years for a
9    self-service storage facility limited line license.
10    (a-5) Beginning on July 1, 2021, an amount equal to the
11additional amount of revenue collected under paragraphs (1)
12and (8) of subsection (a) as a result of the increase in the
13fees under this amendatory Act of the 102nd General Assembly
14shall be transferred annually, with 10% of that amount paid
15into the State Police Law Enforcement Administration Fund
16State Police Training and Academy Fund and 90% of that amount
17paid into the Law Enforcement Training Fund.
18    (b) Except as otherwise provided, all fees paid to and
19collected by the Director under this Section shall be paid
20promptly after receipt thereof, together with a detailed
21statement of such fees, into a special fund in the State
22Treasury to be known as the Insurance Producer Administration
23Fund. The moneys deposited into the Insurance Producer
24Administration Fund may be used only for payment of the
25expenses of the Department in the execution, administration,
26and enforcement of the insurance laws of this State, and shall

 

 

HB5495 Engrossed- 88 -LRB103 39013 AWJ 69150 b

1be appropriated as otherwise provided by law for the payment
2of those expenses with first priority being any expenses
3incident to or associated with the administration and
4enforcement of this Article.
5(Source: P.A. 102-16, eff. 6-17-21.)
 
6    Section 55. The Illinois Gambling Act is amended by
7changing Sections 7.7 and 22 as follows:
 
8    (230 ILCS 10/7.7)
9    Sec. 7.7. Organization gaming licenses.
10    (a) The Illinois Gaming Board shall award one organization
11gaming license to each person or entity having operating
12control of a racetrack that applies under Section 56 of the
13Illinois Horse Racing Act of 1975, subject to the application
14and eligibility requirements of this Section. Within 60 days
15after the effective date of this amendatory Act of the 101st
16General Assembly, a person or entity having operating control
17of a racetrack may submit an application for an organization
18gaming license. The application shall be made on such forms as
19provided by the Board and shall contain such information as
20the Board prescribes, including, but not limited to, the
21identity of any racetrack at which gaming will be conducted
22pursuant to an organization gaming license, detailed
23information regarding the ownership and management of the
24applicant, and detailed personal information regarding the

 

 

HB5495 Engrossed- 89 -LRB103 39013 AWJ 69150 b

1applicant. The application shall specify the number of gaming
2positions the applicant intends to use and the place where the
3organization gaming facility will operate. A person who
4knowingly makes a false statement on an application is guilty
5of a Class A misdemeanor.
6    Each applicant shall disclose the identity of every person
7or entity having a direct or indirect pecuniary interest
8greater than 1% in any racetrack with respect to which the
9license is sought. If the disclosed entity is a corporation,
10the applicant shall disclose the names and addresses of all
11officers, stockholders, and directors. If the disclosed entity
12is a limited liability company, the applicant shall disclose
13the names and addresses of all members and managers. If the
14disclosed entity is a partnership, the applicant shall
15disclose the names and addresses of all partners, both general
16and limited. If the disclosed entity is a trust, the applicant
17shall disclose the names and addresses of all beneficiaries.
18    An application shall be filed and considered in accordance
19with the rules of the Board. Each application for an
20organization gaming license shall include a nonrefundable
21application fee of $250,000. In addition, a nonrefundable fee
22of $50,000 shall be paid at the time of filing to defray the
23costs associated with background investigations conducted by
24the Board. If the costs of the background investigation exceed
25$50,000, the applicant shall pay the additional amount to the
26Board within 7 days after a request by the Board. If the costs

 

 

HB5495 Engrossed- 90 -LRB103 39013 AWJ 69150 b

1of the investigation are less than $50,000, the applicant
2shall receive a refund of the remaining amount. All
3information, records, interviews, reports, statements,
4memoranda, or other data supplied to or used by the Board in
5the course of this review or investigation of an applicant for
6an organization gaming license under this Act shall be
7privileged and strictly confidential and shall be used only
8for the purpose of evaluating an applicant for an organization
9gaming license or a renewal. Such information, records,
10interviews, reports, statements, memoranda, or other data
11shall not be admissible as evidence nor discoverable in any
12action of any kind in any court or before any tribunal, board,
13agency or person, except for any action deemed necessary by
14the Board. The application fee shall be deposited into the
15State Gaming Fund.
16    Any applicant or key person, including the applicant's
17owners, officers, directors (if a corporation), managers and
18members (if a limited liability company), and partners (if a
19partnership), for an organization gaming license shall submit
20with his or her application, on forms provided by the Board, 2
21sets of have his or her fingerprints. The board shall charge
22each applicant a fee set by submitted to the Illinois State
23Police to defray the costs associated with the search and
24classification of fingerprints obtained by the Board with
25respect to the applicant's application. The fees in an
26electronic format that complies with the form and manner for

 

 

HB5495 Engrossed- 91 -LRB103 39013 AWJ 69150 b

1requesting and furnishing criminal history record information
2as prescribed by the Illinois State Police. These fingerprints
3shall be checked against the Illinois State Police and Federal
4Bureau of Investigation criminal history record databases now
5and hereafter filed, including, but not limited to, civil,
6criminal, and latent fingerprint databases. The Illinois State
7Police shall charge applicants a fee for conducting the
8criminal history records check, which shall be deposited into
9the State Police Services Fund and shall not exceed the actual
10cost of the records check. The Illinois State Police shall
11furnish, pursuant to positive identification, records of
12Illinois criminal history to the Illinois State Police.
13    (b) The Board shall determine within 120 days after
14receiving an application for an organization gaming license
15whether to grant an organization gaming license to the
16applicant. If the Board does not make a determination within
17that time period, then the Board shall give a written
18explanation to the applicant as to why it has not reached a
19determination and when it reasonably expects to make a
20determination.
21    The organization gaming licensee shall purchase up to the
22amount of gaming positions authorized under this Act within
23120 days after receiving its organization gaming license. If
24an organization gaming licensee is prepared to purchase the
25gaming positions, but is temporarily prohibited from doing so
26by order of a court of competent jurisdiction or the Board,

 

 

HB5495 Engrossed- 92 -LRB103 39013 AWJ 69150 b

1then the 120-day period is tolled until a resolution is
2reached.
3    An organization gaming license shall authorize its holder
4to conduct gaming under this Act at its racetracks on the same
5days of the year and hours of the day that owners licenses are
6allowed to operate under approval of the Board.
7    An organization gaming license and any renewal of an
8organization gaming license shall authorize gaming pursuant to
9this Section for a period of 4 years. The fee for the issuance
10or renewal of an organization gaming license shall be
11$250,000.
12    All payments by licensees under this subsection (b) shall
13be deposited into the Rebuild Illinois Projects Fund.
14    (c) To be eligible to conduct gaming under this Section, a
15person or entity having operating control of a racetrack must
16(i) obtain an organization gaming license, (ii) hold an
17organization license under the Illinois Horse Racing Act of
181975, (iii) hold an inter-track wagering license, (iv) pay an
19initial fee of $30,000 per gaming position from organization
20gaming licensees where gaming is conducted in Cook County and,
21except as provided in subsection (c-5), $17,500 for
22organization gaming licensees where gaming is conducted
23outside of Cook County before beginning to conduct gaming plus
24make the reconciliation payment required under subsection (k),
25(v) conduct live racing in accordance with subsections (e-1),
26(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act

 

 

HB5495 Engrossed- 93 -LRB103 39013 AWJ 69150 b

1of 1975, (vi) meet the requirements of subsection (a) of
2Section 56 of the Illinois Horse Racing Act of 1975, (vii) for
3organization licensees conducting standardbred race meetings,
4keep backstretch barns and dormitories open and operational
5year-round unless a lesser schedule is mutually agreed to by
6the organization licensee and the horsemen association racing
7at that organization licensee's race meeting, (viii) for
8organization licensees conducting thoroughbred race meetings,
9the organization licensee must maintain accident medical
10expense liability insurance coverage of $1,000,000 for
11jockeys, and (ix) meet all other requirements of this Act that
12apply to owners licensees.
13    An organization gaming licensee may enter into a joint
14venture with a licensed owner to own, manage, conduct, or
15otherwise operate the organization gaming licensee's
16organization gaming facilities, unless the organization gaming
17licensee has a parent company or other affiliated company that
18is, directly or indirectly, wholly owned by a parent company
19that is also licensed to conduct organization gaming, casino
20gaming, or their equivalent in another state.
21    All payments by licensees under this subsection (c) shall
22be deposited into the Rebuild Illinois Projects Fund.
23    (c-5) A person or entity having operating control of a
24racetrack located in Madison County shall only pay the initial
25fees specified in subsection (c) for 540 of the gaming
26positions authorized under the license.

 

 

HB5495 Engrossed- 94 -LRB103 39013 AWJ 69150 b

1    (d) A person or entity is ineligible to receive an
2organization gaming license if:
3        (1) the person or entity has been convicted of a
4    felony under the laws of this State, any other state, or
5    the United States, including a conviction under the
6    Racketeer Influenced and Corrupt Organizations Act;
7        (2) the person or entity has been convicted of any
8    violation of Article 28 of the Criminal Code of 2012, or
9    substantially similar laws of any other jurisdiction;
10        (3) the person or entity has submitted an application
11    for a license under this Act that contains false
12    information;
13        (4) the person is a member of the Board;
14        (5) a person defined in (1), (2), (3), or (4) of this
15    subsection (d) is an officer, director, or managerial
16    employee of the entity;
17        (6) the person or entity employs a person defined in
18    (1), (2), (3), or (4) of this subsection (d) who
19    participates in the management or operation of gambling
20    operations authorized under this Act; or
21        (7) a license of the person or entity issued under
22    this Act or a license to own or operate gambling
23    facilities in any other jurisdiction has been revoked.
24    (e) The Board may approve gaming positions pursuant to an
25organization gaming license statewide as provided in this
26Section. The authority to operate gaming positions under this

 

 

HB5495 Engrossed- 95 -LRB103 39013 AWJ 69150 b

1Section shall be allocated as follows: up to 1,200 gaming
2positions for any organization gaming licensee in Cook County
3and up to 900 gaming positions for any organization gaming
4licensee outside of Cook County.
5    (f) Each applicant for an organization gaming license
6shall specify in its application for licensure the number of
7gaming positions it will operate, up to the applicable
8limitation set forth in subsection (e) of this Section. Any
9unreserved gaming positions that are not specified shall be
10forfeited and retained by the Board. For the purposes of this
11subsection (f), an organization gaming licensee that did not
12conduct live racing in 2010 and is located within 3 miles of
13the Mississippi River may reserve up to 900 positions and
14shall not be penalized under this Section for not operating
15those positions until it meets the requirements of subsection
16(e) of this Section, but such licensee shall not request
17unreserved gaming positions under this subsection (f) until
18its 900 positions are all operational.
19    Thereafter, the Board shall publish the number of
20unreserved gaming positions and shall accept requests for
21additional positions from any organization gaming licensee
22that initially reserved all of the positions that were
23offered. The Board shall allocate expeditiously the unreserved
24gaming positions to requesting organization gaming licensees
25in a manner that maximizes revenue to the State. The Board may
26allocate any such unused gaming positions pursuant to an open

 

 

HB5495 Engrossed- 96 -LRB103 39013 AWJ 69150 b

1and competitive bidding process, as provided under Section 7.5
2of this Act. This process shall continue until all unreserved
3gaming positions have been purchased. All positions obtained
4pursuant to this process and all positions the organization
5gaming licensee specified it would operate in its application
6must be in operation within 18 months after they were obtained
7or the organization gaming licensee forfeits the right to
8operate those positions, but is not entitled to a refund of any
9fees paid. The Board may, after holding a public hearing,
10grant extensions so long as the organization gaming licensee
11is working in good faith to make the positions operational.
12The extension may be for a period of 6 months. If, after the
13period of the extension, the organization gaming licensee has
14not made the positions operational, then another public
15hearing must be held by the Board before it may grant another
16extension.
17    Unreserved gaming positions retained from and allocated to
18organization gaming licensees by the Board pursuant to this
19subsection (f) shall not be allocated to owners licensees
20under this Act.
21    For the purpose of this subsection (f), the unreserved
22gaming positions for each organization gaming licensee shall
23be the applicable limitation set forth in subsection (e) of
24this Section, less the number of reserved gaming positions by
25such organization gaming licensee, and the total unreserved
26gaming positions shall be the aggregate of the unreserved

 

 

HB5495 Engrossed- 97 -LRB103 39013 AWJ 69150 b

1gaming positions for all organization gaming licensees.
2    (g) An organization gaming licensee is authorized to
3conduct the following at a racetrack:
4        (1) slot machine gambling;
5        (2) video game of chance gambling;
6        (3) gambling with electronic gambling games as defined
7    in this Act or defined by the Illinois Gaming Board; and
8        (4) table games.
9    (h) Subject to the approval of the Illinois Gaming Board,
10an organization gaming licensee may make modification or
11additions to any existing buildings and structures to comply
12with the requirements of this Act. The Illinois Gaming Board
13shall make its decision after consulting with the Illinois
14Racing Board. In no case, however, shall the Illinois Gaming
15Board approve any modification or addition that alters the
16grounds of the organization licensee such that the act of live
17racing is an ancillary activity to gaming authorized under
18this Section. Gaming authorized under this Section may take
19place in existing structures where inter-track wagering is
20conducted at the racetrack or a facility within 300 yards of
21the racetrack in accordance with the provisions of this Act
22and the Illinois Horse Racing Act of 1975.
23    (i) An organization gaming licensee may conduct gaming at
24a temporary facility pending the construction of a permanent
25facility or the remodeling or relocation of an existing
26facility to accommodate gaming participants for up to 24

 

 

HB5495 Engrossed- 98 -LRB103 39013 AWJ 69150 b

1months after the temporary facility begins to conduct gaming
2authorized under this Section. Upon request by an organization
3gaming licensee and upon a showing of good cause by the
4organization gaming licensee, the Board shall extend the
5period during which the licensee may conduct gaming authorized
6under this Section at a temporary facility by up to 12 months.
7The Board shall make rules concerning the conduct of gaming
8authorized under this Section from temporary facilities.
9    The gaming authorized under this Section may take place in
10existing structures where inter-track wagering is conducted at
11the racetrack or a facility within 300 yards of the racetrack
12in accordance with the provisions of this Act and the Illinois
13Horse Racing Act of 1975.
14    (i-5) Under no circumstances shall an organization gaming
15licensee conduct gaming at any State or county fair.
16    (j) The Illinois Gaming Board must adopt emergency rules
17in accordance with Section 5-45 of the Illinois Administrative
18Procedure Act as necessary to ensure compliance with the
19provisions of this amendatory Act of the 101st General
20Assembly concerning the conduct of gaming by an organization
21gaming licensee. The adoption of emergency rules authorized by
22this subsection (j) shall be deemed to be necessary for the
23public interest, safety, and welfare.
24    (k) Each organization gaming licensee who obtains gaming
25positions must make a reconciliation payment 3 years after the
26date the organization gaming licensee begins operating the

 

 

HB5495 Engrossed- 99 -LRB103 39013 AWJ 69150 b

1positions in an amount equal to 75% of the difference between
2its adjusted gross receipts from gaming authorized under this
3Section and amounts paid to its purse accounts pursuant to
4item (1) of subsection (b) of Section 56 of the Illinois Horse
5Racing Act of 1975 for the 12-month period for which such
6difference was the largest, minus an amount equal to the
7initial per position fee paid by the organization gaming
8licensee. If this calculation results in a negative amount,
9then the organization gaming licensee is not entitled to any
10reimbursement of fees previously paid. This reconciliation
11payment may be made in installments over a period of no more
12than 6 years.
13    All payments by licensees under this subsection (k) shall
14be deposited into the Rebuild Illinois Projects Fund.
15    (l) As soon as practical after a request is made by the
16Illinois Gaming Board, to minimize duplicate submissions by
17the applicant, the Illinois Racing Board must provide
18information on an applicant for an organization gaming license
19to the Illinois Gaming Board.
20(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19;
21101-648, eff. 6-30-20; 102-538, eff. 8-20-21.)
 
22    (230 ILCS 10/22)  (from Ch. 120, par. 2422)
23    Sec. 22. Criminal history record information. Whenever the
24Board is authorized or required by law, including, but not
25limited to, requirements under Sections 6, 7, 7.4, 7.7, and 9

 

 

HB5495 Engrossed- 100 -LRB103 39013 AWJ 69150 b

1of this Act, to consider some aspect of criminal history
2record information for the purpose of carrying out its
3statutory powers and responsibilities, the Board shall, in the
4form and manner required by the Illinois State Police and the
5Federal Bureau of Investigation, cause to be conducted a
6criminal history record investigation to obtain any
7information currently or thereafter contained in the files of
8the Illinois State Police or the Federal Bureau of
9Investigation, including, but not limited to, civil, criminal,
10and latent fingerprint databases. To facilitate this
11investigation, the Board shall direct each Each applicant for
12occupational licensing under sections 6, 7, 7.4, 7.7, and
13Section 9 or key person as defined by the Board in
14administrative rules to shall submit his or her fingerprints
15to the Illinois State Police in the form and manner prescribed
16by the Illinois State Police. These fingerprints shall be
17checked against the fingerprint records now and hereafter
18filed in the Illinois State Police and Federal Bureau of
19Investigation criminal history records databases, including,
20but not limited to, civil, criminal, and latent fingerprint
21databases. The Illinois State Police shall charge a fee for
22conducting the criminal history records check, which shall be
23deposited in the State Police Services Fund and shall not
24exceed the actual cost of the records check. The Illinois
25State Police shall provide, on the Board's request,
26information concerning any criminal charges, and their

 

 

HB5495 Engrossed- 101 -LRB103 39013 AWJ 69150 b

1disposition, currently or thereafter filed against any
2applicant, key person, or holder of any license or for
3determinations of suitability. Information obtained as a
4result of an investigation under this Section shall be used in
5determining eligibility for any license. Upon request and
6payment of fees in conformance with the requirements of
7Section 2605-400 of the Illinois State Police Law, the
8Illinois State Police is authorized to furnish, pursuant to
9positive identification, such information contained in State
10files as is necessary to fulfill the request.
11(Source: P.A. 101-597, eff. 12-6-19; 102-538, eff. 8-20-21.)
 
12    Section 60. The Firearm Owners Identification Card Act is
13amended by changing Section 5 as follows
 
14    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
15    Sec. 5. Application and renewal.
16    (a) The Illinois State Police shall either approve or deny
17all applications within 30 days from the date they are
18received, except as provided in subsections (b) and (c), and
19every applicant found qualified under Section 8 of this Act by
20the Illinois State Police shall be entitled to a Firearm
21Owner's Identification Card upon the payment of a $10 fee and
22applicable processing fees. The processing fees shall be
23limited to charges by the State Treasurer for using the
24electronic online payment system. Any applicant who is an

 

 

HB5495 Engrossed- 102 -LRB103 39013 AWJ 69150 b

1active duty member of the Armed Forces of the United States, a
2member of the Illinois National Guard, or a member of the
3Reserve Forces of the United States is exempt from the
4application fee. $5 of each fee derived from the issuance of a
5Firearm Owner's Identification Card or renewals thereof shall
6be deposited in the State Police Firearm Services Fund and $5
7into the State Police Firearm Revocation Enforcement Fund.
8    (b) Renewal applications shall be approved or denied
9within 60 business days, provided the applicant submitted his
10or her renewal application prior to the expiration of his or
11her Firearm Owner's Identification Card. If a renewal
12application has been submitted prior to the expiration date of
13the applicant's Firearm Owner's Identification Card, the
14Firearm Owner's Identification Card shall remain valid while
15the Illinois State Police processes the application, unless
16the person is subject to or becomes subject to revocation
17under this Act. The cost for a renewal application shall be $10
18and may include applicable processing fees, which shall be
19limited to charges by the State Treasurer for using the
20electronic online payment system, which shall be deposited
21into the State Police Firearm Services Fund.
22    (c) If the Firearm Owner's Identification Card of a
23licensee under the Firearm Concealed Carry Act expires during
24the term of the licensee's concealed carry license, the
25Firearm Owner's Identification Card and the license remain
26valid and the licensee does not have to renew his or her

 

 

HB5495 Engrossed- 103 -LRB103 39013 AWJ 69150 b

1Firearm Owner's Identification Card during the duration of the
2concealed carry license. Unless the Illinois State Police has
3reason to believe the licensee is no longer eligible for the
4card, the Illinois State Police may automatically renew the
5licensee's Firearm Owner's Identification Card and send a
6renewed Firearm Owner's Identification Card to the licensee.
7    (d) The Illinois State Police may adopt rules concerning
8the use of voluntarily submitted fingerprints, as allowed by
9State and federal law.
10(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
11102-813, eff. 5-13-22.)
 
12    Section 65. The Criminal Code of 2012 is amended by
13changing Sections 29B-7 and 29B-12 as follows:
 
14    (720 ILCS 5/29B-7)
15    Sec. 29B-7. Safekeeping of seized property pending
16disposition.
17    (a) If property is seized under this Article, the seizing
18agency shall promptly conduct an inventory of the seized
19property and estimate the property's value and shall forward a
20copy of the inventory of seized property and the estimate of
21the property's value to the Director. Upon receiving notice of
22seizure, the Director may:
23        (1) place the property under seal;
24        (2) remove the property to a place designated by the

 

 

HB5495 Engrossed- 104 -LRB103 39013 AWJ 69150 b

1    Director;
2        (3) keep the property in the possession of the seizing
3    agency;
4        (4) remove the property to a storage area for
5    safekeeping or, if the property is a negotiable instrument
6    or money and is not needed for evidentiary purposes,
7    deposit it in an interest bearing account;
8        (5) place the property under constructive seizure by
9    posting notice of pending forfeiture on it, by giving
10    notice of pending forfeiture to its owners and interest
11    holders, or by filing notice of pending forfeiture in any
12    appropriate public record relating to the property; or
13        (6) provide for another agency or custodian, including
14    an owner, secured party, or lienholder, to take custody of
15    the property upon the terms and conditions set by the
16    Director.
17    (b) When property is forfeited under this Article, the
18Director or the Director's designee shall sell all the
19property unless the property is required by law to be
20destroyed or is harmful to the public and shall distribute the
21proceeds of the sale, together with any moneys forfeited or
22seized, under Section 29B-26 of this Article.
23(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
24    (720 ILCS 5/29B-12)
25    Sec. 29B-12. Non-judicial forfeiture. If non-real

 

 

HB5495 Engrossed- 105 -LRB103 39013 AWJ 69150 b

1property that exceeds $20,000 in value excluding the value of
2any conveyance, or if real property is seized under the
3provisions of this Article, the State's Attorney shall
4institute judicial in rem forfeiture proceedings as described
5in Section 29B-13 of this Article within 28 days from receipt
6of notice of seizure from the seizing agency under Section
729B-8 of this Article. However, if non-real property that does
8not exceed $20,000 in value excluding the value of any
9conveyance is seized, the following procedure shall be used:
10        (1) If, after review of the facts surrounding the
11    seizure, the State's Attorney is of the opinion that the
12    seized property is subject to forfeiture, then, within 28
13    days after the receipt of notice of seizure from the
14    seizing agency, the State's Attorney shall cause notice of
15    pending forfeiture to be given to the owner of the
16    property and all known interest holders of the property in
17    accordance with Section 29B-10 of this Article.
18        (2) The notice of pending forfeiture shall include a
19    description of the property, the estimated value of the
20    property, the date and place of seizure, the conduct
21    giving rise to forfeiture or the violation of law alleged,
22    and a summary of procedures and procedural rights
23    applicable to the forfeiture action.
24        (3)(A) Any person claiming an interest in property
25    that is the subject of notice under paragraph (1) of this
26    Section, must, in order to preserve any rights or claims

 

 

HB5495 Engrossed- 106 -LRB103 39013 AWJ 69150 b

1    to the property, within 45 days after the effective date
2    of notice as described in Section 29B-10 of this Article,
3    file a verified claim with the State's Attorney expressing
4    his or her interest in the property. The claim shall set
5    forth:
6            (i) the caption of the proceedings as set forth on
7        the notice of pending forfeiture and the name of the
8        claimant;
9            (ii) the address at which the claimant will accept
10        mail;
11            (iii) the nature and extent of the claimant's
12        interest in the property;
13            (iv) the date, identity of the transferor, and
14        circumstances of the claimant's acquisition of the
15        interest in the property;
16            (v) the names and addresses of all other persons
17        known to have an interest in the property;
18            (vi) the specific provision of law relied on in
19        asserting the property is not subject to forfeiture;
20            (vii) all essential facts supporting each
21        assertion; and
22            (viii) the relief sought.
23        (B) If a claimant files the claim, then the State's
24    Attorney shall institute judicial in rem forfeiture
25    proceedings with the clerk of the court as described in
26    Section 29B-13 of this Article within 28 days after

 

 

HB5495 Engrossed- 107 -LRB103 39013 AWJ 69150 b

1    receipt of the claim.
2        (4) If no claim is filed within the 28-day period as
3    described in paragraph (3) of this Section, the State's
4    Attorney shall declare the property forfeited and shall
5    promptly notify the owner and all known interest holders
6    of the property and the Director of the Illinois State
7    Police of the declaration of forfeiture and the Director
8    or the Director's designee shall dispose of the property
9    in accordance with law.
10(Source: P.A. 102-538, eff. 8-20-21.)
 
11    Section 70. The Drug Asset Forfeiture Procedure Act is
12amended by changing Section 6 as follows:
 
13    (725 ILCS 150/6)  (from Ch. 56 1/2, par. 1676)
14    Sec. 6. Non-judicial forfeiture. If non-real property that
15exceeds $150,000 in value excluding the value of any
16conveyance, or if real property is seized under the provisions
17of the Illinois Controlled Substances Act, the Cannabis
18Control Act, or the Methamphetamine Control and Community
19Protection Act, the State's Attorney shall institute judicial
20in rem forfeiture proceedings as described in Section 9 of
21this Act within 28 days from receipt of notice of seizure from
22the seizing agency under Section 5 of this Act. However, if
23non-real property that does not exceed $150,000 in value
24excluding the value of any conveyance is seized, the following

 

 

HB5495 Engrossed- 108 -LRB103 39013 AWJ 69150 b

1procedure shall be used:
2        (A) If, after review of the facts surrounding the
3    seizure, the State's Attorney is of the opinion that the
4    seized property is subject to forfeiture, then, within 28
5    days of the receipt of notice of seizure from the seizing
6    agency, the State's Attorney shall cause notice of pending
7    forfeiture to be given to the owner of the property and all
8    known interest holders of the property in accordance with
9    Section 4 of this Act.
10        (B) The notice of pending forfeiture must include a
11    description of the property, the estimated value of the
12    property, the date and place of seizure, the conduct
13    giving rise to forfeiture or the violation of law alleged,
14    and a summary of procedures and procedural rights
15    applicable to the forfeiture action.
16         (C)(1) Any person claiming an interest in property
17    which is the subject of notice under subsection (A) of
18    this Section may, within 45 days after the effective date
19    of notice as described in Section 4 of this Act, file a
20    verified claim with the State's Attorney expressing his or
21    her interest in the property. The claim must set forth:
22            (i) the caption of the proceedings as set forth on
23        the notice of pending forfeiture and the name of the
24        claimant;
25            (ii) the address at which the claimant will accept
26        mail;

 

 

HB5495 Engrossed- 109 -LRB103 39013 AWJ 69150 b

1            (iii) the nature and extent of the claimant's
2        interest in the property;
3            (iv) the date, identity of the transferor, and
4        circumstances of the claimant's acquisition of the
5        interest in the property;
6            (v) the names and addresses of all other persons
7        known to have an interest in the property;
8            (vi) the specific provision of law relied on in
9        asserting the property is not subject to forfeiture;
10            (vii) all essential facts supporting each
11        assertion; and
12            (viii) the relief sought.
13        (2) If a claimant files the claim then the State's
14    Attorney shall institute judicial in rem forfeiture
15    proceedings within 28 days after receipt of the claim.
16        (D) If no claim is filed within the 45-day period as
17    described in subsection (C) of this Section, the State's
18    Attorney shall declare the property forfeited and shall
19    promptly notify the owner and all known interest holders
20    of the property and the Director of the Illinois State
21    Police of the declaration of forfeiture and the Director
22    or the Director's designee shall dispose of the property
23    in accordance with law.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    Section 75. The Unified Code of Corrections is amended by

 

 

HB5495 Engrossed- 110 -LRB103 39013 AWJ 69150 b

1changing Section 5-5.5-5 as follows:
 
2    (730 ILCS 5/5-5.5-5)
3    Sec. 5-5.5-5. Definition. In this Article, "eligible
4offender" means a person who has been convicted of a crime in
5this State or of an offense in any other jurisdiction that does
6not include any offense or attempted offense that would
7subject a person to registration under the Sex Offender
8Registration Act, Arsonist Registry Act the Arsonist
9Registration Act, or the Murderer and Violent Offender Against
10Youth Registration Act. "Eligible offender" does not include a
11person who has been convicted of arson, aggravated arson,
12kidnapping, aggravated kidnaping, aggravated driving under the
13influence of alcohol, other drug or drugs, or intoxicating
14compound or compounds, or any combination thereof, or
15aggravated domestic battery.
16(Source: P.A. 99-381, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
17    Section 80. The Arsonist Registration Act is amended by
18changing Sections 1, 5, 10, 60, and 75 as follows:
 
19    (730 ILCS 148/1)
20    Sec. 1. Short title. This Act may be cited as the Arsonist
21Registry Registration Act.
22(Source: P.A. 93-949, eff. 1-1-05.)
 

 

 

HB5495 Engrossed- 111 -LRB103 39013 AWJ 69150 b

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

 

 

HB5495 Engrossed- 112 -LRB103 39013 AWJ 69150 b

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),

 

 

HB5495 Engrossed- 113 -LRB103 39013 AWJ 69150 b

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
12Code of Military Justice, or the law of another state or a
13foreign country that is substantially equivalent to any
14offense listed in subsection (b) of this Section shall
15constitute a conviction for the purpose of this Act.
16    (d) "Law enforcement agency having jurisdiction" means the
17Chief of Police in each of the municipalities in which the
18arsonist expects to reside, work, or attend school (1) upon
19his or her discharge, parole or release or (2) during the
20service of his or her sentence of probation or conditional
21discharge, or the Sheriff of the county, in the event no Police
22Chief exists or if the offender intends to reside, work, or
23attend school in an unincorporated area. "Law enforcement
24agency having jurisdiction" includes the location where
25out-of-state students attend school and where out-of-state
26employees are employed or are otherwise required to register.

 

 

HB5495 Engrossed- 114 -LRB103 39013 AWJ 69150 b

1    (e) "Out-of-state student" means any arsonist, as defined
2in this Section, who is enrolled in Illinois, on a full-time or
3part-time basis, in any public or private educational
4institution, including, but not limited to, any secondary
5school, trade or professional institution, or institution of
6higher learning.
7    (f) "Out-of-state employee" means any arsonist, as defined
8in this Section, who works in Illinois, regardless of whether
9the individual receives payment for services performed, for a
10period of time of 10 or more days or for an aggregate period of
11time of 30 or more days during any calendar year. Persons who
12operate motor vehicles in the State accrue one day of
13employment time for any portion of a day spent in Illinois.
14    (g) "I-CLEAR" means the Illinois Citizens and Law
15Enforcement 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
20a Statewide Arsonist Database for the purpose of identifying
21arsonists and making that information available to law
22enforcement and the general public. For every person convicted
23of a violation of an arson offense on or after the effective
24date of this amendatory Act of the 103rd General Assembly, the
25Statewide Arsonist Database shall contain information relating

 

 

HB5495 Engrossed- 115 -LRB103 39013 AWJ 69150 b

1to each arsonist for a period of 10 years after conviction for
2an arson offense. The information may include the arsonist's
3name, date of birth, offense or offenses requiring inclusion
4in the Statewide Arsonist Database, the conviction date and
5county of each such offense, and such other identifying
6information as the Illinois State Police deems necessary to
7identify the arsonist, but shall not include the social
8security number of the arsonist. The registry may include a
9photograph of the arsonist.
10    (b) The Illinois State Police may adopt rules in
11accordance with the Illinois Administrative Procedure Act to
12implement this Section and those rules must include procedures
13to ensure that the information in the database is accurate,
14and that the information in the database reflects any changes
15based on the reversal of a conviction for an offense requiring
16inclusion in the Statewide Arsonist Database, or a court order
17requiring the sealing or expungement of records relating to
18the offense. A certified copy of such an order shall be deemed
19prima facie true and correct and shall be sufficient to
20require the immediate amendment or removal of any person's
21information from the Statewide Arsonist Database by the
22Illinois State Police.
23    (c) The Illinois State Police must have the Statewide
24Arsonist Database created and ready to comply with the
25requirements of this Section no later than July 1, 2025. An
26arsonist shall, within the time period prescribed in

 

 

HB5495 Engrossed- 116 -LRB103 39013 AWJ 69150 b

1subsections (b) and (c), register in person and provide
2accurate information as required by the Illinois State Police.
3Such information shall include current address, current place
4of employment, and school attended. The arsonist shall
5register:
6        (1) with the chief of police in each of the
7    municipalities in which he or she attends school, is
8    employed, resides or is temporarily domiciled for a period
9    of time of 10 or more days, unless the municipality is the
10    City of Chicago, in which case he or she shall register at
11    a fixed location designated by the Superintendent of the
12    Chicago Police Department; or
13        (2) with the sheriff in each of the counties in which
14    he or she attends school, is employed, resides or is
15    temporarily domiciled in an unincorporated area or, if
16    incorporated, no police chief exists. For purposes of this
17    Act, the place of residence or temporary domicile is
18    defined as any and all places where the arsonist resides
19    for an aggregate period of time of 10 or more days during
20    any calendar year. The arsonist shall provide accurate
21    information as required by the Illinois State Police. That
22    information shall include the arsonist's current place of
23    employment.
24    (a-5) An out-of-state student or out-of-state employee
25shall, within 10 days after beginning school or employment in
26this State, register in person and provide accurate

 

 

HB5495 Engrossed- 117 -LRB103 39013 AWJ 69150 b

1information as required by the Illinois State Police. Such
2information must include current place of employment, school
3attended, and address in state of residence:
4        (1) with the chief of police in each of the
5    municipalities in which he or she attends school or is
6    employed for a period of time of 10 or more days or for an
7    aggregate period of time of more than 30 days during any
8    calendar year, unless the municipality is the City of
9    Chicago, in which case he or she shall register at a fixed
10    location designated by the Superintendent of the Chicago
11    Police Department; or
12        (2) with the sheriff in each of the counties in which
13    he or she attends school or is employed for a period of
14    time of 10 or more days or for an aggregate period of time
15    of more than 30 days during any calendar year in an
16    unincorporated area or, if incorporated, no police chief
17    exists. The out-of-state student or out-of-state employee
18    shall provide accurate information as required by the
19    Illinois State Police. That information shall include the
20    out-of-state student's current place of school attendance
21    or the out-of-state employee's current place of
22    employment.
23    (b) An arsonist as defined in Section 5 of this Act,
24regardless of any initial, prior, or other registration,
25shall, within 10 days of beginning school, or establishing a
26residence, place of employment, or temporary domicile in any

 

 

HB5495 Engrossed- 118 -LRB103 39013 AWJ 69150 b

1county, register in person as set forth in subsection (a) or
2(a-5).
3    (c) The registration for any person required to register
4under this Act shall be as follows:
5        (1) Except as provided in paragraph (3) of this
6    subsection (c), any person who has not been notified of
7    his or her responsibility to register shall be notified by
8    a criminal justice entity of his or her responsibility to
9    register. Upon notification the person must then register
10    within 10 days of notification of his or her requirement
11    to register. If notification is not made within the
12    offender's 10 year registration requirement, and the
13    Illinois State Police determines no evidence exists or
14    indicates the offender attempted to avoid registration,
15    the offender will no longer be required to register under
16    this Act.
17        (2) Except as provided in paragraph (3) of this
18    subsection (c), any person convicted on or after the
19    effective date of this Act shall register in person within
20    10 days after the entry of the sentencing order based upon
21    his or her conviction.
22        (3) Any person unable to comply with the registration
23    requirements of this Act because he or she is confined,
24    institutionalized, or imprisoned in Illinois on or after
25    the effective date of this Act shall register in person
26    within 10 days of discharge, parole or release.

 

 

HB5495 Engrossed- 119 -LRB103 39013 AWJ 69150 b

1        (4) The person shall provide positive identification
2    and documentation that substantiates proof of residence at
3    the registering address.
4        (5) The person shall pay a $10 initial registration
5    fee and a $5 annual renewal fee. The fees shall be used by
6    the registering agency for official purposes. The agency
7    shall establish procedures to document receipt and use of
8    the funds. The law enforcement agency having jurisdiction
9    may waive the registration fee if it determines that the
10    person is indigent and unable to pay the registration fee.
11    (d) Within 10 days after obtaining or changing employment,
12a person required to register under this Section must report,
13in person or in writing to the law enforcement agency having
14jurisdiction, the business name and address where he or she is
15employed. If the person has multiple businesses or work
16locations, every business and work location must be reported
17to the law enforcement agency having jurisdiction.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    (730 ILCS 148/60)
20    Sec. 60. Public inspection of registry registration data.
21    (a) Except as otherwise provided in subsection (b), the
22statements or any other information required by this Act shall
23not be open to inspection by the public, or by any person other
24than by a law enforcement officer or other individual as may be
25authorized by law and shall include law enforcement agencies

 

 

HB5495 Engrossed- 120 -LRB103 39013 AWJ 69150 b

1of this State, any other state, or of the federal government.
2Similar information may be requested from any law enforcement
3agency of another state or of the federal government for
4purposes of this Act. It is a Class B misdemeanor to permit the
5unauthorized release of any information required by this Act.
6    (b) The Illinois State Police shall furnish to the Office
7of the State Fire Marshal the registry registration
8information concerning persons covered who are required to
9register under this Act. The Office of the State Fire Marshal
10shall establish and maintain a Statewide Arsonist Database for
11the purpose of making that information available to the public
12on the Internet by means of a hyperlink labeled "Arsonist
13Information" on the Office of the State Fire Marshal's
14website.
15(Source: P.A. 102-538, eff. 8-20-21.)
 
16    (730 ILCS 148/75)
17    Sec. 75. Access to State of Illinois databases. The
18Illinois State Police shall have access to State of Illinois
19databases containing information that may help in the
20identification or location of persons covered required to
21register under this Act. Interagency agreements shall be
22implemented, consistent with security and procedures
23established by the State agency and consistent with the laws
24governing the confidentiality of the information in the
25databases. Information shall be used only for administration

 

 

HB5495 Engrossed- 121 -LRB103 39013 AWJ 69150 b

1of this Act.
2(Source: P.A. 102-538, eff. 8-20-21.)
 
3    (730 ILCS 148/15 rep.)
4    (730 ILCS 148/20 rep.)
5    (730 ILCS 148/25 rep.)
6    (730 ILCS 148/30 rep.)
7    (730 ILCS 148/35 rep.)
8    (730 ILCS 148/40 rep.)
9    (730 ILCS 148/45 rep.)
10    (730 ILCS 148/50 rep.)
11    (730 ILCS 148/55 rep.)
12    (730 ILCS 148/65 rep.)
13    (730 ILCS 148/70 rep.)
14    (730 ILCS 148/80 rep.)
15    Section 85. The Arsonist Registration Act is amended by
16repealing Sections 15, 20, 25, 30, 35, 40, 45, 50, 55, 65, 70,
17and 80.
 
18    Section 90. The Code of Civil Procedure is amended by
19changing Sections 21-101 and 21-102 as follows:
 
20    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)
21    Sec. 21-101. Proceedings; parties.
22    (a) If any person who is a resident of this State and has
23resided in this State for 6 months desires to change his or her

 

 

HB5495 Engrossed- 122 -LRB103 39013 AWJ 69150 b

1name and to assume another name by which to be afterwards
2called and known, the person may file a petition requesting
3that relief in the circuit court of the county wherein he or
4she resides.
5    (b) A person who has been convicted of any offense for
6which a person is required to register under the Sex Offender
7Registration Act, the Murderer and Violent Offender Against
8Youth Registration Act, or the Arsonist Registry Act Arsonist
9Registration Act in this State or any other state and who has
10not been pardoned is not permitted to file a petition for a
11name change in the courts of this State during the period that
12the person is required to register, unless that person
13verifies under oath, as provided under Section 1-109, that the
14petition for the name change is due to marriage, religious
15beliefs, status as a victim of trafficking or gender-related
16identity as defined by the Illinois Human Rights Act. A judge
17may grant or deny the request for legal name change filed by
18such persons. Any such persons granted a legal name change
19shall report the change to the law enforcement agency having
20jurisdiction of their current registration pursuant to the
21Duty to Report requirements specified in Section 35 of the
22Arsonist Registration Act, Section 20 of the Murderer and
23Violent Offender Against Youth Registration Act, and Section 6
24of the Sex Offender Registration Act. For the purposes of this
25subsection, a person will not face a felony charge if the
26person's request for legal name change is denied without proof

 

 

HB5495 Engrossed- 123 -LRB103 39013 AWJ 69150 b

1of perjury.
2    (b-1) A person who has been convicted of a felony offense
3in this State or any other state and whose sentence has not
4been completed, terminated, or discharged is not permitted to
5file a petition for a name change in the courts of this State
6unless that person is pardoned for the offense.
7    (c) A petitioner may include his or her spouse and adult
8unmarried children, with their consent, and his or her minor
9children where it appears to the court that it is for their
10best interest, in the petition and relief requested, and the
11court's order shall then include the spouse and children.
12Whenever any minor has resided in the family of any person for
13the space of 3 years and has been recognized and known as an
14adopted child in the family of that person, the application
15herein provided for may be made by the person having that minor
16in his or her family.
17    An order shall be entered as to a minor only if the court
18finds by clear and convincing evidence that the change is
19necessary to serve the best interest of the child. In
20determining the best interest of a minor child under this
21Section, the court shall consider all relevant factors,
22including:
23        (1) The wishes of the child's parents and any person
24    acting as a parent who has physical custody of the child.
25        (2) The wishes of the child and the reasons for those
26    wishes. The court may interview the child in chambers to

 

 

HB5495 Engrossed- 124 -LRB103 39013 AWJ 69150 b

1    ascertain the child's wishes with respect to the change of
2    name. Counsel shall be present at the interview unless
3    otherwise agreed upon by the parties. The court shall
4    cause a court reporter to be present who shall make a
5    complete record of the interview instantaneously to be
6    part of the record in the case.
7        (3) The interaction and interrelationship of the child
8    with his or her parents or persons acting as parents who
9    have physical custody of the child, step-parents,
10    siblings, step-siblings, or any other person who may
11    significantly affect the child's best interest.
12        (4) The child's adjustment to his or her home, school,
13    and community.
14    (d) If it appears to the court that the conditions and
15requirements under this Article have been complied with and
16that there is no reason why the relief requested should not be
17granted, the court, by an order to be entered of record, may
18direct and provide that the name of that person be changed in
19accordance with the relief requested in the petition. If the
20circuit court orders that a name change be granted to a person
21who has been adjudicated or convicted of a felony or
22misdemeanor offense under the laws of this State or any other
23state for which a pardon has not been granted, or has an arrest
24for which a charge has not been filed or a pending charge on a
25felony or misdemeanor offense, a copy of the order, including
26a copy of each applicable access and review response, shall be

 

 

HB5495 Engrossed- 125 -LRB103 39013 AWJ 69150 b

1forwarded to the Illinois State Police. The Illinois State
2Police shall update any criminal history transcript or
3offender registration of each person 18 years of age or older
4in the order to include the change of name as well as his or
5her former name.
6(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
7revised 12-15-23.)
 
8    (735 ILCS 5/21-102)  (from Ch. 110, par. 21-102)
9    Sec. 21-102. Petition; update criminal history transcript.
10    (a) The petition shall be a statewide standardized form
11approved by the Illinois Supreme Court and shall set forth the
12name then held, the name sought to be assumed, the residence of
13the petitioner, the length of time the petitioner has resided
14in this State, and the state or country of the petitioner's
15nativity or supposed nativity. The petition shall include a
16statement, verified under oath as provided under Section 1-109
17of this Code, whether or not the petitioner or any other person
1818 years of age or older who will be subject to a change of
19name under the petition if granted: (1) has been adjudicated
20or convicted of a felony or misdemeanor offense under the laws
21of this State or any other state for which a pardon has not
22been granted; or (2) has an arrest for which a charge has not
23been filed or a pending charge on a felony or misdemeanor
24offense. The petition shall be signed by the person
25petitioning or, in case of minors, by the parent or guardian

 

 

HB5495 Engrossed- 126 -LRB103 39013 AWJ 69150 b

1having the legal custody of the minor.
2    (b) If the statement provided under subsection (a) of this
3Section indicates the petitioner or any other person 18 years
4of age or older who will be subject to a change of name under
5the petition, if granted, has been adjudicated or convicted of
6a felony or misdemeanor offense under the laws of this State or
7any other state for which a pardon has not been granted, or has
8an arrest for which a charge has not been filed or a pending
9charge on a felony or misdemeanor offense, the State's
10Attorney may request the court to or the court may on its own
11motion, require the person, prior to a hearing on the
12petition, to initiate an update of his or her criminal history
13transcript with the Illinois State Police. The Illinois State
14Police Department shall allow a person to use the Access and
15Review process, established by rule in the Illinois State
16Police Department, for this purpose. Upon completion of the
17update of the criminal history transcript, the petitioner
18shall file confirmation of each update with the court, which
19shall seal the records from disclosure outside of court
20proceedings on the petition.
21    (c) Any petition filed under subsection (a) shall include
22the following: "WARNING: If you are required to register under
23the Sex Offender Registration Act, the Murderer and Violent
24Offender Against Youth Registration Act, or the Arsonist
25Registry Act Arsonist Registration Act in this State or a
26similar law in any other state and have not been pardoned, you

 

 

HB5495 Engrossed- 127 -LRB103 39013 AWJ 69150 b

1will be committing a felony under those respective Acts by
2seeking a change of name during the registration period UNLESS
3your request for legal name change is due to marriage,
4religious beliefs, status as a victim of trafficking or gender
5related identity as defined by the Illinois Human Rights
6Act.".
7(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
8revised 12-15-23.)
 
9    Section 99. Effective date. This Act takes effect July 1,
102024.