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Rep. Fred Crespo
Filed: 4/2/2024
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1 | | AMENDMENT TO HOUSE BILL 5495
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2 | | AMENDMENT NO. ______. Amend House Bill 5495 by replacing |
3 | | everything after the enacting clause with the following: |
4 | | "Section 5. The Seizure and Forfeiture Reporting Act is |
5 | | amended by changing Section 10 as follows: |
6 | | (5 ILCS 810/10) |
7 | | Sec. 10. Reporting by law enforcement agency. |
8 | | (a) Each law enforcement agency that seizes property |
9 | | subject to reporting under this Act shall report the following |
10 | | information about property seized or forfeited under State |
11 | | law: |
12 | | (1) the name of the law enforcement agency that seized |
13 | | the property; |
14 | | (2) the date of the seizure; |
15 | | (3) the type of property seized, including a building, |
16 | | vehicle, boat, cash, negotiable security, or firearm, |
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1 | | except reporting is not required for seizures of |
2 | | contraband including alcohol, gambling devices, drug |
3 | | paraphernalia, and controlled substances; |
4 | | (4) a description of the property seized and the |
5 | | estimated value of the property and if the property is a |
6 | | conveyance, the description shall include the make, model, |
7 | | year, and vehicle identification number or serial number; |
8 | | and |
9 | | (5) the location where the seizure occurred. |
10 | | The filing requirement shall be met upon filing Illinois |
11 | | State Police Notice/Inventory of Seized Property (Form 4-64) |
12 | | with the State's Attorney's Office in the county where the |
13 | | forfeiture action is being commenced or with the Attorney |
14 | | General's Office if the forfeiture action is being commenced |
15 | | by that office, and the forwarding of Form 4-64 upon approval |
16 | | of the State's Attorney's Office or the Attorney General's |
17 | | Office to the Illinois State Police Asset Forfeiture Section. |
18 | | With regard to seizures for which Form 4-64 is not required to |
19 | | be filed, the filing requirement shall be met by the filing of |
20 | | an annual summary report with the Illinois State Police no |
21 | | later than 60 days after December 31 of that year. |
22 | | (b) Each law enforcement agency, including a drug task |
23 | | force or Metropolitan Enforcement Group (MEG) unit, that |
24 | | receives proceeds from forfeitures subject to reporting under |
25 | | this Act shall file an annual report with the Illinois State |
26 | | Police no later than 60 days after December 31 of that year. |
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1 | | The format of the report shall be developed by the Illinois |
2 | | State Police and shall be completed by the law enforcement |
3 | | agency. The report shall include, at a minimum, the amount of |
4 | | funds and other property distributed to the law enforcement |
5 | | agency by the Illinois State Police, the amount of funds |
6 | | expended by the law enforcement agency, and the category of |
7 | | expenditure, including: |
8 | | (1) crime, gang, or abuse prevention or intervention |
9 | | programs; |
10 | | (2) compensation or services for crime victims; |
11 | | (3) witness protection, informant fees, and controlled |
12 | | purchases of contraband; |
13 | | (4) salaries, overtime, and benefits, as permitted by |
14 | | law; |
15 | | (5) operating expenses, including but not limited to, |
16 | | capital expenditures for vehicles, firearms, equipment, |
17 | | computers, furniture, office supplies, postage, printing, |
18 | | membership fees paid to trade associations, and fees for |
19 | | professional services including auditing, court reporting, |
20 | | expert witnesses, and attorneys; |
21 | | (6) travel, meals, entertainment, conferences, |
22 | | training, and continuing education seminars; and |
23 | | (7) other expenditures of forfeiture proceeds. |
24 | | (c) The Illinois State Police shall establish and maintain |
25 | | on its official website a public database that includes annual |
26 | | aggregate data for each law enforcement agency that reports |
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1 | | seizures of property under subsection (a) of this Section, |
2 | | that receives distributions of forfeiture proceeds subject to |
3 | | reporting under this Act, or reports expenditures under |
4 | | subsection (b) of this Section. This aggregate data shall |
5 | | include, for each law enforcement agency: |
6 | | (1) the total number of asset seizures reported by |
7 | | each law enforcement agency during the calendar year; |
8 | | (2) the monetary value of all currency or its |
9 | | equivalent seized by the law enforcement agency during the |
10 | | calendar year; |
11 | | (3) the number of conveyances seized by the law |
12 | | enforcement agency during the calendar year, and the |
13 | | aggregate estimated value; |
14 | | (4) the aggregate estimated value of all other |
15 | | property seized by the law enforcement agency during the |
16 | | calendar year; |
17 | | (5) the monetary value of distributions by the |
18 | | Illinois State Police of forfeited currency or auction |
19 | | proceeds from forfeited property to the law enforcement |
20 | | agency during the calendar year; and |
21 | | (6) the total amount of the law enforcement agency's |
22 | | expenditures of forfeiture proceeds during the calendar |
23 | | year, categorized as provided under subsection (b) of this |
24 | | Section. |
25 | | The database shall not provide names, addresses, phone |
26 | | numbers, or other personally identifying information of owners |
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1 | | or interest holders, persons, business entities, covert office |
2 | | locations, or business entities involved in the forfeiture |
3 | | action and shall not disclose the vehicle identification |
4 | | number or serial number of any conveyance. |
5 | | (d) The Illinois State Police shall adopt rules to |
6 | | administer the asset forfeiture program, including the |
7 | | categories of authorized expenditures consistent with the |
8 | | statutory guidelines for each of the included forfeiture |
9 | | statutes, the use of forfeited funds, other expenditure |
10 | | requirements, and the reporting of seizure and forfeiture |
11 | | information. The Illinois State Police may adopt rules |
12 | | necessary to implement this Act through the use of emergency |
13 | | rulemaking under Section 5-45 of the Illinois Administrative |
14 | | Procedure Act for a period not to exceed 180 days after the |
15 | | effective date of this Act. |
16 | | (e) The Illinois State Police shall have authority and |
17 | | oversight over all law enforcement agencies receiving |
18 | | forfeited funds from the Illinois State Police. This authority |
19 | | shall include enforcement of rules and regulations adopted by |
20 | | the Illinois State Police and sanctions for violations of any |
21 | | rules and regulations, including the withholding of |
22 | | distributions of forfeiture proceeds from the law enforcement |
23 | | agency in violation. |
24 | | (f) Upon application by a law enforcement agency to the |
25 | | Illinois State Police, the reporting of a particular asset |
26 | | forfeited under this Section may be delayed if the asset in |
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1 | | question was seized from a person who has become a |
2 | | confidential informant under the agency's confidential |
3 | | informant policy, or if the asset was seized as part of an |
4 | | ongoing investigation. This delayed reporting shall be granted |
5 | | by the Illinois State Police for a maximum period of 6 months |
6 | | if the confidential informant is still providing cooperation |
7 | | to law enforcement or the investigation is still ongoing, |
8 | | after which the asset shall be reported as required under this |
9 | | Act. |
10 | | (g) The Illinois State Police shall, on or before January |
11 | | 1, 2019, establish and implement the requirements of this Act. |
12 | | In order to implement the reporting and public database |
13 | | requirements under this Act, the Illinois State Police Asset |
14 | | Forfeiture Section requires a one-time upgrade of its |
15 | | information technology software and hardware. This one-time |
16 | | upgrade shall be funded by a temporary allocation of 5% of all |
17 | | forfeited currency and 5% of the auction proceeds from each |
18 | | forfeited asset, which are to be distributed after the |
19 | | effective date of this Act. The Illinois State Police shall |
20 | | transfer these funds at the time of distribution to a separate |
21 | | fund established by the Illinois State Police. Moneys |
22 | | deposited in this fund shall be accounted for and shall be used |
23 | | only to pay for the actual one-time cost of purchasing and |
24 | | installing the hardware and software required to comply with |
25 | | this new reporting and public database requirement. Moneys |
26 | | deposited in the fund shall not be subject to reappropriation, |
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1 | | reallocation, or redistribution for any other purpose. After |
2 | | sufficient funds are transferred to the fund to cover the |
3 | | actual one-time cost of purchasing and installing the hardware |
4 | | and software required to comply with this new reporting and |
5 | | public database requirement, no additional funds shall be |
6 | | transferred to the fund for any purpose. At the completion of |
7 | | the one-time upgrade of the information technology hardware |
8 | | and software to comply with this new reporting and public |
9 | | database requirement, any remaining funds in the fund shall be |
10 | | returned to the participating agencies under the distribution |
11 | | requirements of the statutes from which the funds were |
12 | | transferred, and the fund shall no longer exist. |
13 | | (h)(1) The Illinois State Police, in consultation with and |
14 | | subject to the approval of the Chief Procurement Officer, may |
15 | | procure a single contract or multiple contracts to implement |
16 | | this Act. |
17 | | (2) A contract or contracts under this subsection (h) are |
18 | | not subject to the Illinois Procurement Code, except for |
19 | | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of |
20 | | that Code, provided that the Chief Procurement Officer may, in |
21 | | writing with justification, waive any certification required |
22 | | under Article 50 of the Illinois Procurement Code. The |
23 | | provisions of this paragraph (2), other than this sentence, |
24 | | are inoperative on and after July 1, 2019. |
25 | | (Source: P.A. 102-538, eff. 8-20-21.) |
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1 | | Section 10. The Illinois State Police Law of the Civil |
2 | | Administrative Code of Illinois is amended by changing |
3 | | Sections 2605-35, 2605-40, 2605-605, and 2605-615 as follows: |
4 | | (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3) |
5 | | Sec. 2605-35. Division of Criminal Investigation. |
6 | | (a) The Division of Criminal Investigation shall exercise |
7 | | the following functions and those in Section 2605-30: |
8 | | (1) Exercise the rights, powers, and duties vested by |
9 | | law in the Illinois State Police by the Illinois Horse |
10 | | Racing Act of 1975, including those set forth in Section |
11 | | 2605-215. |
12 | | (2) Investigate the origins, activities, personnel, |
13 | | and incidents of crime and enforce the criminal laws of |
14 | | this State related thereto. |
15 | | (3) Enforce all laws regulating the production, sale, |
16 | | prescribing, manufacturing, administering, transporting, |
17 | | having in possession, dispensing, delivering, |
18 | | distributing, or use of controlled substances and |
19 | | cannabis. |
20 | | (4) Cooperate with the police of cities, villages, and |
21 | | incorporated towns and with the police officers of any |
22 | | county in enforcing the laws of the State and in making |
23 | | arrests and recovering property. |
24 | | (5) Apprehend and deliver up any person charged in |
25 | | this State or any other state with treason or a felony or |
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1 | | other crime who has fled from justice and is found in this |
2 | | State. |
3 | | (6) Investigate recipients and providers under the |
4 | | Illinois Public Aid Code and any personnel involved in the |
5 | | administration of the Code who are suspected of any |
6 | | violation of the Code pertaining to fraud in the |
7 | | administration, receipt, or provision of assistance and |
8 | | pertaining to any violation of criminal law; and exercise |
9 | | the functions required under Section 2605-220 in the |
10 | | conduct of those investigations. |
11 | | (7) Conduct other investigations as provided by law, |
12 | | including, but not limited to, investigations of human |
13 | | trafficking, illegal drug trafficking, illegal firearms |
14 | | trafficking, and cyber crimes that can be investigated and |
15 | | prosecuted in Illinois. |
16 | | (8) Investigate public corruption. |
17 | | (9) Exercise other duties that may be assigned by the |
18 | | Director in order to fulfill the responsibilities and |
19 | | achieve the purposes of the Illinois State Police, which |
20 | | may include the coordination of gang, terrorist, and |
21 | | organized crime prevention, control activities, and |
22 | | assisting local law enforcement in their crime control |
23 | | activities. |
24 | | (10) Conduct investigations (and cooperate with |
25 | | federal law enforcement agencies in the investigation) of |
26 | | any property-related crimes, such as money laundering, |
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1 | | involving individuals or entities listed on the sanctions |
2 | | list maintained by the U.S. Department of Treasury's |
3 | | Office of Foreign Asset Control. |
4 | | (11) Oversee Illinois State Police special weapons and |
5 | | tactics (SWAT) teams, including law enforcement response |
6 | | to weapons of mass destruction. |
7 | | (12) Oversee Illinois State Police air operations. |
8 | | (13) Investigate criminal domestic terrorism |
9 | | incidents, and otherwise deter all criminal threats to |
10 | | Illinois. |
11 | | (a-5) The Division of Criminal Investigation shall gather |
12 | | information, intelligence, and evidence to facilitate the |
13 | | identification, apprehension, and prosecution of persons |
14 | | responsible for committing crime; to provide specialized |
15 | | intelligence and analysis, investigative, tactical, and |
16 | | technological services in support of law enforcement |
17 | | operations throughout the State of Illinois; and to oversee |
18 | | and operate the statewide criminal intelligence fusion center. |
19 | | (b) (Blank). |
20 | | (b-5) The Division of Criminal Investigation shall |
21 | | cooperate and liaise with all federal law enforcement and |
22 | | other partners on criminal investigations, intelligence, |
23 | | information sharing, and national security planning and |
24 | | response. |
25 | | (c) The Division of Criminal Investigation shall provide |
26 | | statewide coordination and strategy pertaining to |
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1 | | firearm-related intelligence, firearms trafficking |
2 | | interdiction, and investigations reaching across all divisions |
3 | | of the Illinois State Police, including providing crime gun |
4 | | intelligence support for suspects and firearms involved in |
5 | | firearms trafficking or the commission of a crime involving |
6 | | firearms that is investigated by the Illinois State Police and |
7 | | other federal, State, and local law enforcement agencies, with |
8 | | the objective of reducing and preventing illegal possession |
9 | | and use of firearms, firearms trafficking, firearm-related |
10 | | homicides, and other firearm-related violent crimes in |
11 | | Illinois. |
12 | | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; |
13 | | 102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23; 103-34, eff. |
14 | | 1-1-24 .) |
15 | | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4) |
16 | | Sec. 2605-40. Division of Forensic Services. The Division |
17 | | of Forensic Services shall exercise the following functions: |
18 | | (1) Provide crime scene services and traffic crash |
19 | | reconstruction and examine digital evidence . |
20 | | (2) Exercise the rights, powers, and duties vested by |
21 | | law in the Illinois State Police by Section 2605-300 of |
22 | | this Law. |
23 | | (3) Provide assistance to local law enforcement |
24 | | agencies through training, management, and consultant |
25 | | services. |
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1 | | (4) (Blank). |
2 | | (5) Exercise other duties that may be assigned by the |
3 | | Director in order to fulfill the responsibilities and |
4 | | achieve the purposes of the Illinois State Police. |
5 | | (6) Establish and operate a forensic science |
6 | | laboratory system, including a forensic toxicological |
7 | | laboratory service, for the purpose of testing specimens |
8 | | submitted by coroners and other law enforcement officers |
9 | | in their efforts to determine whether alcohol, drugs, or |
10 | | poisonous or other toxic substances have been involved in |
11 | | deaths, accidents, or illness. Forensic laboratories shall |
12 | | be established in Springfield, Chicago, and elsewhere in |
13 | | the State as needed. |
14 | | (6.5) Establish administrative rules in order to set |
15 | | forth standardized requirements for the disclosure of |
16 | | toxicology results and other relevant documents related to |
17 | | a toxicological analysis. These administrative rules are |
18 | | to be adopted to produce uniform and sufficient |
19 | | information to allow a proper, well-informed determination |
20 | | of the admissibility of toxicology evidence and to ensure |
21 | | that this evidence is presented competently. These |
22 | | administrative rules are designed to provide a minimum |
23 | | standard for compliance of toxicology evidence and are not |
24 | | intended to limit the production and discovery of material |
25 | | information. |
26 | | (7) Subject to specific appropriations made for these |
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1 | | purposes, establish and coordinate a system for providing |
2 | | accurate and expedited forensic science and other |
3 | | investigative and laboratory services to local law |
4 | | enforcement agencies and local State's Attorneys in aid of |
5 | | the investigation and trial of capital cases. |
6 | | (8) Exercise the rights, powers, and duties vested by |
7 | | law in the Illinois State Police under the Sexual Assault |
8 | | Evidence Submission Act. |
9 | | (9) Serve as the State central repository for all |
10 | | genetic marker grouping analysis information and exercise |
11 | | the rights, powers, and duties vested by law in the |
12 | | Illinois State Police under Section 5-4-3 of the Unified |
13 | | Code of Corrections. |
14 | | (10) Issue reports required under Section 5-4-3a of |
15 | | the Unified Code of Corrections. |
16 | | (11) Oversee the Electronic Laboratory Information |
17 | | Management System under Section 5-4-3b of the Unified Code |
18 | | of Corrections. |
19 | | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; |
20 | | 103-34, eff. 1-1-24 .) |
21 | | (20 ILCS 2605/2605-605) |
22 | | Sec. 2605-605. Violent Crime Intelligence Task Force. The |
23 | | Director of the Illinois State Police shall establish a |
24 | | statewide multi-jurisdictional Violent Crime Intelligence Task |
25 | | Force led by the Illinois State Police dedicated to combating |
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1 | | gun violence, gun-trafficking, and other violent crime with |
2 | | the primary mission of preservation of life and reducing the |
3 | | occurrence and the fear of crime. The objectives of the Task |
4 | | Force shall include, but not be limited to, reducing and |
5 | | preventing illegal possession and use of firearms, |
6 | | firearm-related homicides, and other violent crimes, and |
7 | | solving firearm-related crimes. |
8 | | (1) The Task Force may develop and acquire information, |
9 | | training, tools, and resources necessary to implement a |
10 | | data-driven approach to policing, with an emphasis on |
11 | | intelligence development. |
12 | | (2) The Task Force may utilize information sharing, |
13 | | partnerships, crime analysis, and evidence-based practices to |
14 | | assist in the reduction of firearm-related shootings, |
15 | | homicides, and gun-trafficking, including, but not limited to, |
16 | | ballistic data, eTrace data, DNA evidence, latent |
17 | | fingerprints, firearm training data, and National Integrated |
18 | | Ballistic Information Network (NIBIN) data. The Task Force may |
19 | | design a model crime gun intelligence strategy which may |
20 | | include, but is not limited to, comprehensive collection and |
21 | | documentation of all ballistic evidence, timely transfer of |
22 | | NIBIN and eTrace leads to an intelligence center, which may |
23 | | include the Division of Criminal Investigation of the Illinois |
24 | | State Police, timely dissemination of intelligence to |
25 | | investigators, investigative follow-up, and coordinated |
26 | | prosecution. |
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1 | | (3) The Task Force may recognize and utilize best |
2 | | practices of community policing and may develop potential |
3 | | partnerships with faith-based and community organizations to |
4 | | achieve its goals. |
5 | | (4) The Task Force may identify and utilize best practices |
6 | | in drug-diversion programs and other community-based services |
7 | | to redirect low-level offenders. |
8 | | (5) The Task Force may assist in violence suppression |
9 | | strategies including, but not limited to, details in |
10 | | identified locations that have shown to be the most prone to |
11 | | gun violence and violent crime, focused deterrence against |
12 | | violent gangs and groups considered responsible for the |
13 | | violence in communities, and other intelligence driven methods |
14 | | deemed necessary to interrupt cycles of violence or prevent |
15 | | retaliation. |
16 | | (6) In consultation with the Chief Procurement Officer, |
17 | | the Illinois State Police may obtain contracts for software, |
18 | | commodities, resources, and equipment to assist the Task Force |
19 | | with achieving this Act. Any contracts necessary to support |
20 | | the delivery of necessary software, commodities, resources, |
21 | | and equipment are not subject to the Illinois Procurement |
22 | | Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and |
23 | | Article 50 of that Code, provided that the Chief Procurement |
24 | | Officer may, in writing with justification, waive any |
25 | | certification required under Article 50 of the Illinois |
26 | | Procurement Code. |
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1 | | (7) The Task Force shall conduct enforcement operations |
2 | | against persons whose Firearm Owner's Identification Cards |
3 | | have been revoked or suspended and persons who fail to comply |
4 | | with the requirements of Section 9.5 of the Firearm Owners |
5 | | Identification Card Act, prioritizing individuals presenting a |
6 | | clear and present danger to themselves or to others under |
7 | | paragraph (2) of subsection (d) of Section 8.1 of the Firearm |
8 | | Owners Identification Card Act. |
9 | | (8) The Task Force shall collaborate with local law |
10 | | enforcement agencies to enforce provisions of the Firearm |
11 | | Owners Identification Card Act, the Firearm Concealed Carry |
12 | | Act, the Firearm Dealer License Certification Act, and Article |
13 | | 24 of the Criminal Code of 2012. |
14 | | (9) To implement this Section, the Director of the |
15 | | Illinois State Police may establish intergovernmental |
16 | | agreements with law enforcement agencies in accordance with |
17 | | the Intergovernmental Cooperation Act. |
18 | | (10) Law enforcement agencies that participate in |
19 | | activities described in paragraphs (7) through (9) may apply |
20 | | to the Illinois State Police for grants from the State Police |
21 | | Firearm Revocation Enforcement Fund. |
22 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
23 | | 102-813, eff. 5-13-22.) |
24 | | (20 ILCS 2605/2605-615) |
25 | | Sec. 2605-615. Illinois Forensic Science Commission. |
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1 | | (a) Creation. There is created within the Illinois State |
2 | | Police the Illinois Forensic Science Commission. |
3 | | (b) Duties and purpose. The Commission shall: |
4 | | (1) Provide guidance to ensure the efficient delivery |
5 | | of forensic services and the sound practice of forensic |
6 | | science. |
7 | | (2) Provide a forum for discussions between forensic |
8 | | science stakeholders to improve communication and |
9 | | coordination and to monitor the important issues impacting |
10 | | all stakeholders. |
11 | | (3) Take a systems-based approach in reviewing all |
12 | | aspects of the delivery of forensic services and the sound |
13 | | practice of forensic science with the goal of reducing or |
14 | | eliminating the factors and inefficiencies that contribute |
15 | | to backlogs and errors, with a focus on education and |
16 | | training, funding, hiring, procurement, and other aspects |
17 | | identified by the Commission. |
18 | | (4) Review significant non-conformities with the sound |
19 | | practice of forensic science documented by each publicly |
20 | | funded ISO 17025 accredited forensic laboratory and offer |
21 | | recommendations for the correction thereof. |
22 | | (5) Subject to appropriation, provide educational, |
23 | | research, and professional training opportunities for |
24 | | practicing forensic scientists, police officers, judges, |
25 | | State's Attorneys and Assistant State's Attorneys, Public |
26 | | Defenders, and defense attorneys comporting with the sound |
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1 | | practice of forensic science. |
2 | | (6) Collect and analyze information related to the |
3 | | impact of current laws, rules, policies, and practices on |
4 | | forensic crime laboratories and the practice of forensic |
5 | | science; evaluate the impact of those laws, rules, |
6 | | policies, and practices on forensic crime laboratories and |
7 | | the practice of forensic science; identify new policies |
8 | | and approaches, together with changes in science, and |
9 | | technology; and make recommendations for changes to those |
10 | | laws, rules, policies, and practices that will yield |
11 | | better results in the criminal justice system consistent |
12 | | with the sound practice of forensic science. |
13 | | (7) Perform such other studies or tasks pertaining to |
14 | | forensic crime laboratories as may be requested by the |
15 | | General Assembly by resolution or the Governor, and |
16 | | perform such other functions as may be required by law or |
17 | | as are necessary to carry out the purposes and goals of the |
18 | | Commission prescribed in this Section. |
19 | | (8) Ensure that adequate resources and facilities are |
20 | | available for carrying out the changes proposed in |
21 | | legislation, rules, or policies and that rational |
22 | | priorities are established for the use of those resources. |
23 | | To do so, the Commission may prepare statements to the |
24 | | Governor and General Assembly identifying the fiscal and |
25 | | practical effects of proposed legislation, rules, or |
26 | | policy changes. Such statements may include, but are not |
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1 | | limited to: the impact on present levels of staffing and |
2 | | resources; a professional opinion on the practical value |
3 | | of the change or changes; the increase or decrease the |
4 | | number of crime laboratories; the increase or decrease the |
5 | | cost of operating crime laboratories; the impact on |
6 | | efficiencies and caseloads; other information, including |
7 | | but not limited to, facts, data, research, and science |
8 | | relevant to the legislation, rule, or policy; the direct |
9 | | or indirect alteration in any process involving or used by |
10 | | crime laboratories of such proposed legislation, rules, or |
11 | | policy changes; an analysis of the impact, either directly |
12 | | or indirectly, on the technology, improvements, or |
13 | | practices of forensic analyses for use in criminal |
14 | | proceedings; together with the direct or indirect impact |
15 | | on headcount, space, equipment, instruments, |
16 | | accreditation, the volume of cases for analysis, |
17 | | scientific controls, and quality assurance. |
18 | | (c) Members. The Commission shall be composed of the |
19 | | Director of the Illinois State Police, or his or her designee, |
20 | | together with the following members appointed for a term of 4 |
21 | | years by the Governor with the advice and consent of the |
22 | | Senate: |
23 | | (1) One crime laboratory director or administrator |
24 | | from each publicly funded ISO 17025 accredited forensic |
25 | | laboratory system. |
26 | | (2) One member with experience in the admission of |
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1 | | forensic evidence in trials from a statewide association |
2 | | representing prosecutors. |
3 | | (3) One member with experience in the admission of |
4 | | forensic evidence in trials from a statewide association |
5 | | representing criminal defense attorneys. |
6 | | (4) Three forensic scientists with bench work |
7 | | background from various forensic disciplines (e.g., DNA, |
8 | | chemistry, pattern evidence, etc.). |
9 | | (5) One retired circuit court judge or associate |
10 | | circuit court judge with criminal trial experience, |
11 | | including experience in the admission of forensic evidence |
12 | | in trials. |
13 | | (6) One academic specializing in the field of forensic |
14 | | sciences. |
15 | | (7) One or more community representatives (e.g., |
16 | | victim advocates, innocence project organizations, sexual |
17 | | assault examiners, etc.). |
18 | | (8) One member who is a medical examiner or coroner. |
19 | | The Governor shall designate one of the members of the |
20 | | Commission to serve as the chair of the Commission. The |
21 | | members of the Commission shall elect from their number such |
22 | | other officers as they may determine. Members of the |
23 | | Commission shall serve without compensation, but may be |
24 | | reimbursed for reasonable expenses incurred in the performance |
25 | | of their duties from funds appropriated for that purpose. |
26 | | (d) Subcommittees. The Commission may form subcommittees |
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1 | | to study specific issues identified under paragraph (3) of |
2 | | subsection (b), including, but not limited to, subcommittees |
3 | | on education and training, procurement, funding and hiring. Ad |
4 | | hoc subcommittees may also be convened to address other |
5 | | issues. Such subcommittees shall meet as needed to complete |
6 | | their work, and shall report their findings back to the |
7 | | Commission. Subcommittees shall include members of the |
8 | | Commission, and may also include non-members such as forensic |
9 | | science stakeholders and subject matter experts. |
10 | | (e) Meetings. The Commission shall meet quarterly, at the |
11 | | call of the chairperson. Facilities for meeting, whether |
12 | | remotely or in person, shall be provided for the Commission by |
13 | | the Illinois State Police. |
14 | | (f) Reporting by publicly funded ISO 17025 accredited |
15 | | forensic laboratories. All State and local publicly funded ISO |
16 | | 17025 accredited forensic laboratory systems, including, but |
17 | | not limited to, the DuPage County Forensic Science Center, the |
18 | | Northeastern Illinois Regional Crime Laboratory, and the |
19 | | Illinois State Police, shall annually provide to the |
20 | | Commission a report summarizing its significant |
21 | | non-conformities with the efficient delivery of forensic |
22 | | services and the sound practice of forensic science. The |
23 | | report will identify: each significant non-conformity or |
24 | | deficient method; how the non-conformity or deficient method |
25 | | was detected; the nature and extent of the non-conformity or |
26 | | deficient method; all corrective actions implemented to |
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1 | | address the non-conformity or deficient method; and an |
2 | | analysis of the effectiveness of the corrective actions taken. |
3 | | (g) Definition. As used in this Section, "Commission" |
4 | | means the Illinois Forensic Science Commission. |
5 | | (Source: P.A. 102-523, eff. 8-20-21; 103-34, eff. 1-1-24 .) |
6 | | (20 ILCS 2605/2605-378 rep.) |
7 | | Section 15. The Illinois State Police Law of the Civil |
8 | | Administrative Code of Illinois is amended by repealing |
9 | | Section 2605-378. |
10 | | Section 20. The Illinois State Police Act is amended by |
11 | | changing Section 40.1 as follows: |
12 | | (20 ILCS 2610/40.1) |
13 | | Sec. 40.1. Mandated training compliance. The Director of |
14 | | the Illinois State Police and the Illinois State Police |
15 | | Academy shall ensure all Illinois State Police cadets and |
16 | | officers comply with all statutory, regulatory, and department |
17 | | mandated training. The Illinois State Police Academy shall |
18 | | maintain and store training records for Illinois State Police |
19 | | officers. |
20 | | (Source: P.A. 101-652, eff. 1-1-22 .) |
21 | | Section 25. The Narcotic Control Division Abolition Act is |
22 | | amended by by changing Section 9 as follows: |
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1 | | (20 ILCS 2620/9) (from Ch. 127, par. 55l) |
2 | | Sec. 9. The Director shall make , in an annual report to the |
3 | | Governor, report the results obtained in the enforcement of |
4 | | this Act available on the Illinois State Police website and |
5 | | may make , together with such other information and |
6 | | recommendations to the Governor annually as the Director he |
7 | | deems proper. |
8 | | (Source: P.A. 76-442.) |
9 | | Section 30. The Criminal Identification Act is amended by |
10 | | changing Section 5.2 as follows: |
11 | | (20 ILCS 2630/5.2) |
12 | | Sec. 5.2. Expungement, sealing, and immediate sealing. |
13 | | (a) General Provisions. |
14 | | (1) Definitions. In this Act, words and phrases have |
15 | | the meanings set forth in this subsection, except when a |
16 | | particular context clearly requires a different meaning. |
17 | | (A) The following terms shall have the meanings |
18 | | ascribed to them in the following Sections of the |
19 | | Unified Code of Corrections: |
20 | | Business Offense, Section 5-1-2. |
21 | | Charge, Section 5-1-3. |
22 | | Court, Section 5-1-6. |
23 | | Defendant, Section 5-1-7. |
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1 | | Felony, Section 5-1-9. |
2 | | Imprisonment, Section 5-1-10. |
3 | | Judgment, Section 5-1-12. |
4 | | Misdemeanor, Section 5-1-14. |
5 | | Offense, Section 5-1-15. |
6 | | Parole, Section 5-1-16. |
7 | | Petty Offense, Section 5-1-17. |
8 | | Probation, Section 5-1-18. |
9 | | Sentence, Section 5-1-19. |
10 | | Supervision, Section 5-1-21. |
11 | | Victim, Section 5-1-22. |
12 | | (B) As used in this Section, "charge not initiated |
13 | | by arrest" means a charge (as defined by Section 5-1-3 |
14 | | of the Unified Code of Corrections) brought against a |
15 | | defendant where the defendant is not arrested prior to |
16 | | or as a direct result of the charge. |
17 | | (C) "Conviction" means a judgment of conviction or |
18 | | sentence entered upon a plea of guilty or upon a |
19 | | verdict or finding of guilty of an offense, rendered |
20 | | by a legally constituted jury or by a court of |
21 | | competent jurisdiction authorized to try the case |
22 | | without a jury. An order of supervision successfully |
23 | | completed by the petitioner is not a conviction. An |
24 | | order of qualified probation (as defined in subsection |
25 | | (a)(1)(J)) successfully completed by the petitioner is |
26 | | not a conviction. An order of supervision or an order |
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1 | | of qualified probation that is terminated |
2 | | unsatisfactorily is a conviction, unless the |
3 | | unsatisfactory termination is reversed, vacated, or |
4 | | modified and the judgment of conviction, if any, is |
5 | | reversed or vacated. |
6 | | (D) "Criminal offense" means a petty offense, |
7 | | business offense, misdemeanor, felony, or municipal |
8 | | ordinance violation (as defined in subsection |
9 | | (a)(1)(H)). As used in this Section, a minor traffic |
10 | | offense (as defined in subsection (a)(1)(G)) shall not |
11 | | be considered a criminal offense. |
12 | | (E) "Expunge" means to physically destroy the |
13 | | records or return them to the petitioner and to |
14 | | obliterate the petitioner's name from any official |
15 | | index or public record, or both. Nothing in this Act |
16 | | shall require the physical destruction of the circuit |
17 | | court file, but such records relating to arrests or |
18 | | charges, or both, ordered expunged shall be impounded |
19 | | as required by subsections (d)(9)(A)(ii) and |
20 | | (d)(9)(B)(ii). |
21 | | (F) As used in this Section, "last sentence" means |
22 | | the sentence, order of supervision, or order of |
23 | | qualified probation (as defined by subsection |
24 | | (a)(1)(J)), for a criminal offense (as defined by |
25 | | subsection (a)(1)(D)) that terminates last in time in |
26 | | any jurisdiction, regardless of whether the petitioner |
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1 | | has included the criminal offense for which the |
2 | | sentence or order of supervision or qualified |
3 | | probation was imposed in his or her petition. If |
4 | | multiple sentences, orders of supervision, or orders |
5 | | of qualified probation terminate on the same day and |
6 | | are last in time, they shall be collectively |
7 | | considered the "last sentence" regardless of whether |
8 | | they were ordered to run concurrently. |
9 | | (G) "Minor traffic offense" means a petty offense, |
10 | | business offense, or Class C misdemeanor under the |
11 | | Illinois Vehicle Code or a similar provision of a |
12 | | municipal or local ordinance. |
13 | | (G-5) "Minor Cannabis Offense" means a violation |
14 | | of Section 4 or 5 of the Cannabis Control Act |
15 | | concerning not more than 30 grams of any substance |
16 | | containing cannabis, provided the violation did not |
17 | | include a penalty enhancement under Section 7 of the |
18 | | Cannabis Control Act and is not associated with an |
19 | | arrest, conviction or other disposition for a violent |
20 | | crime as defined in subsection (c) of Section 3 of the |
21 | | Rights of Crime Victims and Witnesses Act. |
22 | | (H) "Municipal ordinance violation" means an |
23 | | offense defined by a municipal or local ordinance that |
24 | | is criminal in nature and with which the petitioner |
25 | | was charged or for which the petitioner was arrested |
26 | | and released without charging. |
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1 | | (I) "Petitioner" means an adult or a minor |
2 | | prosecuted as an adult who has applied for relief |
3 | | under this Section. |
4 | | (J) "Qualified probation" means an order of |
5 | | probation under Section 10 of the Cannabis Control |
6 | | Act, Section 410 of the Illinois Controlled Substances |
7 | | Act, Section 70 of the Methamphetamine Control and |
8 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 |
9 | | of the Unified Code of Corrections, Section |
10 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as |
11 | | those provisions existed before their deletion by |
12 | | Public Act 89-313), Section 10-102 of the Illinois |
13 | | Alcoholism and Other Drug Dependency Act, Section |
14 | | 40-10 of the Substance Use Disorder Act, or Section 10 |
15 | | of the Steroid Control Act. For the purpose of this |
16 | | Section, "successful completion" of an order of |
17 | | qualified probation under Section 10-102 of the |
18 | | Illinois Alcoholism and Other Drug Dependency Act and |
19 | | Section 40-10 of the Substance Use Disorder Act means |
20 | | that the probation was terminated satisfactorily and |
21 | | the judgment of conviction was vacated. |
22 | | (K) "Seal" means to physically and electronically |
23 | | maintain the records, unless the records would |
24 | | otherwise be destroyed due to age, but to make the |
25 | | records unavailable without a court order, subject to |
26 | | the exceptions in Sections 12 and 13 of this Act. The |
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1 | | petitioner's name shall also be obliterated from the |
2 | | official index required to be kept by the circuit |
3 | | court clerk under Section 16 of the Clerks of Courts |
4 | | Act, but any index issued by the circuit court clerk |
5 | | before the entry of the order to seal shall not be |
6 | | affected. |
7 | | (L) "Sexual offense committed against a minor" |
8 | | includes, but is not limited to, the offenses of |
9 | | indecent solicitation of a child or criminal sexual |
10 | | abuse when the victim of such offense is under 18 years |
11 | | of age. |
12 | | (M) "Terminate" as it relates to a sentence or |
13 | | order of supervision or qualified probation includes |
14 | | either satisfactory or unsatisfactory termination of |
15 | | the sentence, unless otherwise specified in this |
16 | | Section. A sentence is terminated notwithstanding any |
17 | | outstanding financial legal obligation. |
18 | | (2) Minor Traffic Offenses. Orders of supervision or |
19 | | convictions for minor traffic offenses shall not affect a |
20 | | petitioner's eligibility to expunge or seal records |
21 | | pursuant to this Section. |
22 | | (2.5) Commencing 180 days after July 29, 2016 (the |
23 | | effective date of Public Act 99-697), the law enforcement |
24 | | agency issuing the citation shall automatically expunge, |
25 | | on or before January 1 and July 1 of each year, the law |
26 | | enforcement records of a person found to have committed a |
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1 | | civil law violation of subsection (a) of Section 4 of the |
2 | | Cannabis Control Act or subsection (c) of Section 3.5 of |
3 | | the Drug Paraphernalia Control Act in the law enforcement |
4 | | agency's possession or control and which contains the |
5 | | final satisfactory disposition which pertain to the person |
6 | | issued a citation for that offense. The law enforcement |
7 | | agency shall provide by rule the process for access, |
8 | | review, and to confirm the automatic expungement by the |
9 | | law enforcement agency issuing the citation. Commencing |
10 | | 180 days after July 29, 2016 (the effective date of Public |
11 | | Act 99-697), the clerk of the circuit court shall expunge, |
12 | | upon order of the court, or in the absence of a court order |
13 | | on or before January 1 and July 1 of each year, the court |
14 | | records of a person found in the circuit court to have |
15 | | committed a civil law violation of subsection (a) of |
16 | | Section 4 of the Cannabis Control Act or subsection (c) of |
17 | | Section 3.5 of the Drug Paraphernalia Control Act in the |
18 | | clerk's possession or control and which contains the final |
19 | | satisfactory disposition which pertain to the person |
20 | | issued a citation for any of those offenses. |
21 | | (3) Exclusions. Except as otherwise provided in |
22 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) |
23 | | of this Section, the court shall not order: |
24 | | (A) the sealing or expungement of the records of |
25 | | arrests or charges not initiated by arrest that result |
26 | | in an order of supervision for or conviction of: (i) |
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1 | | any sexual offense committed against a minor; (ii) |
2 | | Section 11-501 of the Illinois Vehicle Code or a |
3 | | similar provision of a local ordinance; or (iii) |
4 | | Section 11-503 of the Illinois Vehicle Code or a |
5 | | similar provision of a local ordinance, unless the |
6 | | arrest or charge is for a misdemeanor violation of |
7 | | subsection (a) of Section 11-503 or a similar |
8 | | provision of a local ordinance, that occurred prior to |
9 | | the offender reaching the age of 25 years and the |
10 | | offender has no other conviction for violating Section |
11 | | 11-501 or 11-503 of the Illinois Vehicle Code or a |
12 | | similar provision of a local ordinance. |
13 | | (B) the sealing or expungement of records of minor |
14 | | traffic offenses (as defined in subsection (a)(1)(G)), |
15 | | unless the petitioner was arrested and released |
16 | | without charging. |
17 | | (C) the sealing of the records of arrests or |
18 | | charges not initiated by arrest which result in an |
19 | | order of supervision or a conviction for the following |
20 | | offenses: |
21 | | (i) offenses included in Article 11 of the |
22 | | Criminal Code of 1961 or the Criminal Code of 2012 |
23 | | or a similar provision of a local ordinance, |
24 | | except Section 11-14 and a misdemeanor violation |
25 | | of Section 11-30 of the Criminal Code of 1961 or |
26 | | the Criminal Code of 2012, or a similar provision |
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1 | | of a local ordinance; |
2 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, |
3 | | 26-5, or 48-1 of the Criminal Code of 1961 or the |
4 | | Criminal Code of 2012, or a similar provision of a |
5 | | local ordinance; |
6 | | (iii) Section 12-3.1 or 12-3.2 of the Criminal |
7 | | Code of 1961 or the Criminal Code of 2012, or |
8 | | Section 125 of the Stalking No Contact Order Act, |
9 | | or Section 219 of the Civil No Contact Order Act, |
10 | | or a similar provision of a local ordinance; |
11 | | (iv) Class A misdemeanors or felony offenses |
12 | | under the Humane Care for Animals Act; or |
13 | | (v) any offense or attempted offense that |
14 | | would subject a person to registration under the |
15 | | Sex Offender Registration Act. |
16 | | (D) (blank). |
17 | | (b) Expungement. |
18 | | (1) A petitioner may petition the circuit court to |
19 | | expunge the records of his or her arrests and charges not |
20 | | initiated by arrest when each arrest or charge not |
21 | | initiated by arrest sought to be expunged resulted in: (i) |
22 | | acquittal, dismissal, or the petitioner's release without |
23 | | charging, unless excluded by subsection (a)(3)(B); (ii) a |
24 | | conviction which was vacated or reversed, unless excluded |
25 | | by subsection (a)(3)(B); (iii) an order of supervision and |
26 | | such supervision was successfully completed by the |
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1 | | petitioner, unless excluded by subsection (a)(3)(A) or |
2 | | (a)(3)(B); or (iv) an order of qualified probation (as |
3 | | defined in subsection (a)(1)(J)) and such probation was |
4 | | successfully completed by the petitioner. |
5 | | (1.5) When a petitioner seeks to have a record of |
6 | | arrest expunged under this Section, and the offender has |
7 | | been convicted of a criminal offense, the State's Attorney |
8 | | may object to the expungement on the grounds that the |
9 | | records contain specific relevant information aside from |
10 | | the mere fact of the arrest. |
11 | | (2) Time frame for filing a petition to expunge. |
12 | | (A) When the arrest or charge not initiated by |
13 | | arrest sought to be expunged resulted in an acquittal, |
14 | | dismissal, the petitioner's release without charging, |
15 | | or the reversal or vacation of a conviction, there is |
16 | | no waiting period to petition for the expungement of |
17 | | such records. |
18 | | (B) When the arrest or charge not initiated by |
19 | | arrest sought to be expunged resulted in an order of |
20 | | supervision, successfully completed by the petitioner, |
21 | | the following time frames will apply: |
22 | | (i) Those arrests or charges that resulted in |
23 | | orders of supervision under Section 3-707, 3-708, |
24 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or |
25 | | a similar provision of a local ordinance, or under |
26 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal |
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1 | | Code of 1961 or the Criminal Code of 2012, or a |
2 | | similar provision of a local ordinance, shall not |
3 | | be eligible for expungement until 5 years have |
4 | | passed following the satisfactory termination of |
5 | | the supervision. |
6 | | (i-5) Those arrests or charges that resulted |
7 | | in orders of supervision for a misdemeanor |
8 | | violation of subsection (a) of Section 11-503 of |
9 | | the Illinois Vehicle Code or a similar provision |
10 | | of a local ordinance, that occurred prior to the |
11 | | offender reaching the age of 25 years and the |
12 | | offender has no other conviction for violating |
13 | | Section 11-501 or 11-503 of the Illinois Vehicle |
14 | | Code or a similar provision of a local ordinance |
15 | | shall not be eligible for expungement until the |
16 | | petitioner has reached the age of 25 years. |
17 | | (ii) Those arrests or charges that resulted in |
18 | | orders of supervision for any other offenses shall |
19 | | not be eligible for expungement until 2 years have |
20 | | passed following the satisfactory termination of |
21 | | the supervision. |
22 | | (C) When the arrest or charge not initiated by |
23 | | arrest sought to be expunged resulted in an order of |
24 | | qualified probation, successfully completed by the |
25 | | petitioner, such records shall not be eligible for |
26 | | expungement until 5 years have passed following the |
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1 | | satisfactory termination of the probation. |
2 | | (3) Those records maintained by the Illinois State |
3 | | Police for persons arrested prior to their 17th birthday |
4 | | shall be expunged as provided in Section 5-915 of the |
5 | | Juvenile Court Act of 1987. |
6 | | (4) Whenever a person has been arrested for or |
7 | | convicted of any offense, in the name of a person whose |
8 | | identity he or she has stolen or otherwise come into |
9 | | possession of, the aggrieved person from whom the identity |
10 | | was stolen or otherwise obtained without authorization, |
11 | | upon learning of the person having been arrested using his |
12 | | or her identity, may, upon verified petition to the chief |
13 | | judge of the circuit wherein the arrest was made, have a |
14 | | court order entered nunc pro tunc by the Chief Judge to |
15 | | correct the arrest record, conviction record, if any, and |
16 | | all official records of the arresting authority, the |
17 | | Illinois State Police, other criminal justice agencies, |
18 | | the prosecutor, and the trial court concerning such |
19 | | arrest, if any, by removing his or her name from all such |
20 | | records in connection with the arrest and conviction, if |
21 | | any, and by inserting in the records the name of the |
22 | | offender, if known or ascertainable, in lieu of the |
23 | | aggrieved's name. The records of the circuit court clerk |
24 | | shall be sealed until further order of the court upon good |
25 | | cause shown and the name of the aggrieved person |
26 | | obliterated on the official index required to be kept by |
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1 | | the circuit court clerk under Section 16 of the Clerks of |
2 | | Courts Act, but the order shall not affect any index |
3 | | issued by the circuit court clerk before the entry of the |
4 | | order. Nothing in this Section shall limit the Illinois |
5 | | State Police or other criminal justice agencies or |
6 | | prosecutors from listing under an offender's name the |
7 | | false names he or she has used. |
8 | | (5) Whenever a person has been convicted of criminal |
9 | | sexual assault, aggravated criminal sexual assault, |
10 | | predatory criminal sexual assault of a child, criminal |
11 | | sexual abuse, or aggravated criminal sexual abuse, the |
12 | | victim of that offense may request that the State's |
13 | | Attorney of the county in which the conviction occurred |
14 | | file a verified petition with the presiding trial judge at |
15 | | the petitioner's trial to have a court order entered to |
16 | | seal the records of the circuit court clerk in connection |
17 | | with the proceedings of the trial court concerning that |
18 | | offense. However, the records of the arresting authority |
19 | | and the Illinois State Police concerning the offense shall |
20 | | not be sealed. The court, upon good cause shown, shall |
21 | | make the records of the circuit court clerk in connection |
22 | | with the proceedings of the trial court concerning the |
23 | | offense available for public inspection. |
24 | | (6) If a conviction has been set aside on direct |
25 | | review or on collateral attack and the court determines by |
26 | | clear and convincing evidence that the petitioner was |
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1 | | factually innocent of the charge, the court that finds the |
2 | | petitioner factually innocent of the charge shall enter an |
3 | | expungement order for the conviction for which the |
4 | | petitioner has been determined to be innocent as provided |
5 | | in subsection (b) of Section 5-5-4 of the Unified Code of |
6 | | Corrections. |
7 | | (7) Nothing in this Section shall prevent the Illinois |
8 | | State Police from maintaining all records of any person |
9 | | who is admitted to probation upon terms and conditions and |
10 | | who fulfills those terms and conditions pursuant to |
11 | | Section 10 of the Cannabis Control Act, Section 410 of the |
12 | | Illinois Controlled Substances Act, Section 70 of the |
13 | | Methamphetamine Control and Community Protection Act, |
14 | | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of |
15 | | Corrections, Section 12-4.3 or subdivision (b)(1) of |
16 | | Section 12-3.05 of the Criminal Code of 1961 or the |
17 | | Criminal Code of 2012, Section 10-102 of the Illinois |
18 | | Alcoholism and Other Drug Dependency Act, Section 40-10 of |
19 | | the Substance Use Disorder Act, or Section 10 of the |
20 | | Steroid Control Act. |
21 | | (8) If the petitioner has been granted a certificate |
22 | | of innocence under Section 2-702 of the Code of Civil |
23 | | Procedure, the court that grants the certificate of |
24 | | innocence shall also enter an order expunging the |
25 | | conviction for which the petitioner has been determined to |
26 | | be innocent as provided in subsection (h) of Section 2-702 |
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1 | | of the Code of Civil Procedure. |
2 | | (c) Sealing. |
3 | | (1) Applicability. Notwithstanding any other provision |
4 | | of this Act to the contrary, and cumulative with any |
5 | | rights to expungement of criminal records, this subsection |
6 | | authorizes the sealing of criminal records of adults and |
7 | | of minors prosecuted as adults. Subsection (g) of this |
8 | | Section provides for immediate sealing of certain records. |
9 | | (2) Eligible Records. The following records may be |
10 | | sealed: |
11 | | (A) All arrests resulting in release without |
12 | | charging; |
13 | | (B) Arrests or charges not initiated by arrest |
14 | | resulting in acquittal, dismissal, or conviction when |
15 | | the conviction was reversed or vacated, except as |
16 | | excluded by subsection (a)(3)(B); |
17 | | (C) Arrests or charges not initiated by arrest |
18 | | resulting in orders of supervision, including orders |
19 | | of supervision for municipal ordinance violations, |
20 | | successfully completed by the petitioner, unless |
21 | | excluded by subsection (a)(3); |
22 | | (D) Arrests or charges not initiated by arrest |
23 | | resulting in convictions, including convictions on |
24 | | municipal ordinance violations, unless excluded by |
25 | | subsection (a)(3); |
26 | | (E) Arrests or charges not initiated by arrest |
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1 | | resulting in orders of first offender probation under |
2 | | Section 10 of the Cannabis Control Act, Section 410 of |
3 | | the Illinois Controlled Substances Act, Section 70 of |
4 | | the Methamphetamine Control and Community Protection |
5 | | Act, or Section 5-6-3.3 of the Unified Code of |
6 | | Corrections; and |
7 | | (F) Arrests or charges not initiated by arrest |
8 | | resulting in felony convictions unless otherwise |
9 | | excluded by subsection (a) paragraph (3) of this |
10 | | Section. |
11 | | (3) When Records Are Eligible to Be Sealed. Records |
12 | | identified as eligible under subsection (c)(2) may be |
13 | | sealed as follows: |
14 | | (A) Records identified as eligible under |
15 | | subsections (c)(2)(A) and (c)(2)(B) may be sealed at |
16 | | any time. |
17 | | (B) Except as otherwise provided in subparagraph |
18 | | (E) of this paragraph (3), records identified as |
19 | | eligible under subsection (c)(2)(C) may be sealed 2 |
20 | | years after the termination of petitioner's last |
21 | | sentence (as defined in subsection (a)(1)(F)). |
22 | | (C) Except as otherwise provided in subparagraph |
23 | | (E) of this paragraph (3), records identified as |
24 | | eligible under subsections (c)(2)(D), (c)(2)(E), and |
25 | | (c)(2)(F) may be sealed 3 years after the termination |
26 | | of the petitioner's last sentence (as defined in |
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1 | | subsection (a)(1)(F)). Convictions requiring public |
2 | | registration under the Arsonist Registry Act Arsonist |
3 | | Registration Act , the Sex Offender Registration Act, |
4 | | or the Murderer and Violent Offender Against Youth |
5 | | Registration Act may not be sealed until the |
6 | | petitioner is no longer required to register under |
7 | | that relevant Act. |
8 | | (D) Records identified in subsection |
9 | | (a)(3)(A)(iii) may be sealed after the petitioner has |
10 | | reached the age of 25 years. |
11 | | (E) Records identified as eligible under |
12 | | subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or |
13 | | (c)(2)(F) may be sealed upon termination of the |
14 | | petitioner's last sentence if the petitioner earned a |
15 | | high school diploma, associate's degree, career |
16 | | certificate, vocational technical certification, or |
17 | | bachelor's degree, or passed the high school level |
18 | | Test of General Educational Development, during the |
19 | | period of his or her sentence or mandatory supervised |
20 | | release. This subparagraph shall apply only to a |
21 | | petitioner who has not completed the same educational |
22 | | goal prior to the period of his or her sentence or |
23 | | mandatory supervised release. If a petition for |
24 | | sealing eligible records filed under this subparagraph |
25 | | is denied by the court, the time periods under |
26 | | subparagraph (B) or (C) shall apply to any subsequent |
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1 | | petition for sealing filed by the petitioner. |
2 | | (4) Subsequent felony convictions. A person may not |
3 | | have subsequent felony conviction records sealed as |
4 | | provided in this subsection (c) if he or she is convicted |
5 | | of any felony offense after the date of the sealing of |
6 | | prior felony convictions as provided in this subsection |
7 | | (c). The court may, upon conviction for a subsequent |
8 | | felony offense, order the unsealing of prior felony |
9 | | conviction records previously ordered sealed by the court. |
10 | | (5) Notice of eligibility for sealing. Upon entry of a |
11 | | disposition for an eligible record under this subsection |
12 | | (c), the petitioner shall be informed by the court of the |
13 | | right to have the records sealed and the procedures for |
14 | | the sealing of the records. |
15 | | (d) Procedure. The following procedures apply to |
16 | | expungement under subsections (b), (e), and (e-6) and sealing |
17 | | under subsections (c) and (e-5): |
18 | | (1) Filing the petition. Upon becoming eligible to |
19 | | petition for the expungement or sealing of records under |
20 | | this Section, the petitioner shall file a petition |
21 | | requesting the expungement or sealing of records with the |
22 | | clerk of the court where the arrests occurred or the |
23 | | charges were brought, or both. If arrests occurred or |
24 | | charges were brought in multiple jurisdictions, a petition |
25 | | must be filed in each such jurisdiction. The petitioner |
26 | | shall pay the applicable fee, except no fee shall be |
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1 | | required if the petitioner has obtained a court order |
2 | | waiving fees under Supreme Court Rule 298 or it is |
3 | | otherwise waived. |
4 | | (1.5) County fee waiver pilot program. From August 9, |
5 | | 2019 (the effective date of Public Act 101-306) through |
6 | | December 31, 2020, in a county of 3,000,000 or more |
7 | | inhabitants, no fee shall be required to be paid by a |
8 | | petitioner if the records sought to be expunged or sealed |
9 | | were arrests resulting in release without charging or |
10 | | arrests or charges not initiated by arrest resulting in |
11 | | acquittal, dismissal, or conviction when the conviction |
12 | | was reversed or vacated, unless excluded by subsection |
13 | | (a)(3)(B). The provisions of this paragraph (1.5), other |
14 | | than this sentence, are inoperative on and after January |
15 | | 1, 2022. |
16 | | (2) Contents of petition. The petition shall be |
17 | | verified and shall contain the petitioner's name, date of |
18 | | birth, current address and, for each arrest or charge not |
19 | | initiated by arrest sought to be sealed or expunged, the |
20 | | case number, the date of arrest (if any), the identity of |
21 | | the arresting authority, and such other information as the |
22 | | court may require. During the pendency of the proceeding, |
23 | | the petitioner shall promptly notify the circuit court |
24 | | clerk of any change of his or her address. If the |
25 | | petitioner has received a certificate of eligibility for |
26 | | sealing from the Prisoner Review Board under paragraph |
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1 | | (10) of subsection (a) of Section 3-3-2 of the Unified |
2 | | Code of Corrections, the certificate shall be attached to |
3 | | the petition. |
4 | | (3) Drug test. The petitioner must attach to the |
5 | | petition proof that the petitioner has taken within 30 |
6 | | days before the filing of the petition a test showing the |
7 | | absence within his or her body of all illegal substances |
8 | | as defined by the Illinois Controlled Substances Act and |
9 | | the Methamphetamine Control and Community Protection Act |
10 | | if he or she is petitioning to: |
11 | | (A) seal felony records under clause (c)(2)(E); |
12 | | (B) seal felony records for a violation of the |
13 | | Illinois Controlled Substances Act, the |
14 | | Methamphetamine Control and Community Protection Act, |
15 | | or the Cannabis Control Act under clause (c)(2)(F); |
16 | | (C) seal felony records under subsection (e-5); or |
17 | | (D) expunge felony records of a qualified |
18 | | probation under clause (b)(1)(iv). |
19 | | (4) Service of petition. The circuit court clerk shall |
20 | | promptly serve a copy of the petition and documentation to |
21 | | support the petition under subsection (e-5) or (e-6) on |
22 | | the State's Attorney or prosecutor charged with the duty |
23 | | of prosecuting the offense, the Illinois State Police, the |
24 | | arresting agency and the chief legal officer of the unit |
25 | | of local government effecting the arrest. |
26 | | (5) Objections. |
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1 | | (A) Any party entitled to notice of the petition |
2 | | may file an objection to the petition. All objections |
3 | | shall be in writing, shall be filed with the circuit |
4 | | court clerk, and shall state with specificity the |
5 | | basis of the objection. Whenever a person who has been |
6 | | convicted of an offense is granted a pardon by the |
7 | | Governor which specifically authorizes expungement, an |
8 | | objection to the petition may not be filed. |
9 | | (B) Objections to a petition to expunge or seal |
10 | | must be filed within 60 days of the date of service of |
11 | | the petition. |
12 | | (6) Entry of order. |
13 | | (A) The Chief Judge of the circuit wherein the |
14 | | charge was brought, any judge of that circuit |
15 | | designated by the Chief Judge, or in counties of less |
16 | | than 3,000,000 inhabitants, the presiding trial judge |
17 | | at the petitioner's trial, if any, shall rule on the |
18 | | petition to expunge or seal as set forth in this |
19 | | subsection (d)(6). |
20 | | (B) Unless the State's Attorney or prosecutor, the |
21 | | Illinois State Police, the arresting agency, or the |
22 | | chief legal officer files an objection to the petition |
23 | | to expunge or seal within 60 days from the date of |
24 | | service of the petition, the court shall enter an |
25 | | order granting or denying the petition. |
26 | | (C) Notwithstanding any other provision of law, |
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1 | | the court shall not deny a petition for sealing under |
2 | | this Section because the petitioner has not satisfied |
3 | | an outstanding legal financial obligation established, |
4 | | imposed, or originated by a court, law enforcement |
5 | | agency, or a municipal, State, county, or other unit |
6 | | of local government, including, but not limited to, |
7 | | any cost, assessment, fine, or fee. An outstanding |
8 | | legal financial obligation does not include any court |
9 | | ordered restitution to a victim under Section 5-5-6 of |
10 | | the Unified Code of Corrections, unless the |
11 | | restitution has been converted to a civil judgment. |
12 | | Nothing in this subparagraph (C) waives, rescinds, or |
13 | | abrogates a legal financial obligation or otherwise |
14 | | eliminates or affects the right of the holder of any |
15 | | financial obligation to pursue collection under |
16 | | applicable federal, State, or local law. |
17 | | (D) Notwithstanding any other provision of law, |
18 | | the court shall not deny a petition to expunge or seal |
19 | | under this Section because the petitioner has |
20 | | submitted a drug test taken within 30 days before the |
21 | | filing of the petition to expunge or seal that |
22 | | indicates a positive test for the presence of cannabis |
23 | | within the petitioner's body. In this subparagraph |
24 | | (D), "cannabis" has the meaning ascribed to it in |
25 | | Section 3 of the Cannabis Control Act. |
26 | | (7) Hearings. If an objection is filed, the court |
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1 | | shall set a date for a hearing and notify the petitioner |
2 | | and all parties entitled to notice of the petition of the |
3 | | hearing date at least 30 days prior to the hearing. Prior |
4 | | to the hearing, the State's Attorney shall consult with |
5 | | the Illinois State Police as to the appropriateness of the |
6 | | relief sought in the petition to expunge or seal. At the |
7 | | hearing, the court shall hear evidence on whether the |
8 | | petition should or should not be granted, and shall grant |
9 | | or deny the petition to expunge or seal the records based |
10 | | on the evidence presented at the hearing. The court may |
11 | | consider the following: |
12 | | (A) the strength of the evidence supporting the |
13 | | defendant's conviction; |
14 | | (B) the reasons for retention of the conviction |
15 | | records by the State; |
16 | | (C) the petitioner's age, criminal record history, |
17 | | and employment history; |
18 | | (D) the period of time between the petitioner's |
19 | | arrest on the charge resulting in the conviction and |
20 | | the filing of the petition under this Section; and |
21 | | (E) the specific adverse consequences the |
22 | | petitioner may be subject to if the petition is |
23 | | denied. |
24 | | (8) Service of order. After entering an order to |
25 | | expunge or seal records, the court must provide copies of |
26 | | the order to the Illinois State Police, in a form and |
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1 | | manner prescribed by the Illinois State Police, to the |
2 | | petitioner, to the State's Attorney or prosecutor charged |
3 | | with the duty of prosecuting the offense, to the arresting |
4 | | agency, to the chief legal officer of the unit of local |
5 | | government effecting the arrest, and to such other |
6 | | criminal justice agencies as may be ordered by the court. |
7 | | (9) Implementation of order. |
8 | | (A) Upon entry of an order to expunge records |
9 | | pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or |
10 | | both: |
11 | | (i) the records shall be expunged (as defined |
12 | | in subsection (a)(1)(E)) by the arresting agency, |
13 | | the Illinois State Police, and any other agency as |
14 | | ordered by the court, within 60 days of the date of |
15 | | service of the order, unless a motion to vacate, |
16 | | modify, or reconsider the order is filed pursuant |
17 | | to paragraph (12) of subsection (d) of this |
18 | | Section; |
19 | | (ii) the records of the circuit court clerk |
20 | | shall be impounded until further order of the |
21 | | court upon good cause shown and the name of the |
22 | | petitioner obliterated on the official index |
23 | | required to be kept by the circuit court clerk |
24 | | under Section 16 of the Clerks of Courts Act, but |
25 | | the order shall not affect any index issued by the |
26 | | circuit court clerk before the entry of the order; |
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1 | | and |
2 | | (iii) in response to an inquiry for expunged |
3 | | records, the court, the Illinois State Police, or |
4 | | the agency receiving such inquiry, shall reply as |
5 | | it does in response to inquiries when no records |
6 | | ever existed. |
7 | | (B) Upon entry of an order to expunge records |
8 | | pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or |
9 | | both: |
10 | | (i) the records shall be expunged (as defined |
11 | | in subsection (a)(1)(E)) by the arresting agency |
12 | | and any other agency as ordered by the court, |
13 | | within 60 days of the date of service of the order, |
14 | | unless a motion to vacate, modify, or reconsider |
15 | | the order is filed pursuant to paragraph (12) of |
16 | | subsection (d) of this Section; |
17 | | (ii) the records of the circuit court clerk |
18 | | shall be impounded until further order of the |
19 | | court upon good cause shown and the name of the |
20 | | petitioner obliterated on the official index |
21 | | required to be kept by the circuit court clerk |
22 | | under Section 16 of the Clerks of Courts Act, but |
23 | | the order shall not affect any index issued by the |
24 | | circuit court clerk before the entry of the order; |
25 | | (iii) the records shall be impounded by the |
26 | | Illinois State Police within 60 days of the date |
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1 | | of service of the order as ordered by the court, |
2 | | unless a motion to vacate, modify, or reconsider |
3 | | the order is filed pursuant to paragraph (12) of |
4 | | subsection (d) of this Section; |
5 | | (iv) records impounded by the Illinois State |
6 | | Police may be disseminated by the Illinois State |
7 | | Police only as required by law or to the arresting |
8 | | authority, the State's Attorney, and the court |
9 | | upon a later arrest for the same or a similar |
10 | | offense or for the purpose of sentencing for any |
11 | | subsequent felony, and to the Department of |
12 | | Corrections upon conviction for any offense; and |
13 | | (v) in response to an inquiry for such records |
14 | | from anyone not authorized by law to access such |
15 | | records, the court, the Illinois State Police, or |
16 | | the agency receiving such inquiry shall reply as |
17 | | it does in response to inquiries when no records |
18 | | ever existed. |
19 | | (B-5) Upon entry of an order to expunge records |
20 | | under subsection (e-6): |
21 | | (i) the records shall be expunged (as defined |
22 | | in subsection (a)(1)(E)) by the arresting agency |
23 | | and any other agency as ordered by the court, |
24 | | within 60 days of the date of service of the order, |
25 | | unless a motion to vacate, modify, or reconsider |
26 | | the order is filed under paragraph (12) of |
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1 | | subsection (d) of this Section; |
2 | | (ii) the records of the circuit court clerk |
3 | | shall be impounded until further order of the |
4 | | court upon good cause shown and the name of the |
5 | | petitioner obliterated on the official index |
6 | | required to be kept by the circuit court clerk |
7 | | under Section 16 of the Clerks of Courts Act, but |
8 | | the order shall not affect any index issued by the |
9 | | circuit court clerk before the entry of the order; |
10 | | (iii) the records shall be impounded by the |
11 | | Illinois State Police within 60 days of the date |
12 | | of service of the order as ordered by the court, |
13 | | unless a motion to vacate, modify, or reconsider |
14 | | the order is filed under paragraph (12) of |
15 | | subsection (d) of this Section; |
16 | | (iv) records impounded by the Illinois State |
17 | | Police may be disseminated by the Illinois State |
18 | | Police only as required by law or to the arresting |
19 | | authority, the State's Attorney, and the court |
20 | | upon a later arrest for the same or a similar |
21 | | offense or for the purpose of sentencing for any |
22 | | subsequent felony, and to the Department of |
23 | | Corrections upon conviction for any offense; and |
24 | | (v) in response to an inquiry for these |
25 | | records from anyone not authorized by law to |
26 | | access the records, the court, the Illinois State |
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1 | | Police, or the agency receiving the inquiry shall |
2 | | reply as it does in response to inquiries when no |
3 | | records ever existed. |
4 | | (C) Upon entry of an order to seal records under |
5 | | subsection (c), the arresting agency, any other agency |
6 | | as ordered by the court, the Illinois State Police, |
7 | | and the court shall seal the records (as defined in |
8 | | subsection (a)(1)(K)). In response to an inquiry for |
9 | | such records, from anyone not authorized by law to |
10 | | access such records, the court, the Illinois State |
11 | | Police, or the agency receiving such inquiry shall |
12 | | reply as it does in response to inquiries when no |
13 | | records ever existed. |
14 | | (D) The Illinois State Police shall send written |
15 | | notice to the petitioner of its compliance with each |
16 | | order to expunge or seal records within 60 days of the |
17 | | date of service of that order or, if a motion to |
18 | | vacate, modify, or reconsider is filed, within 60 days |
19 | | of service of the order resolving the motion, if that |
20 | | order requires the Illinois State Police to expunge or |
21 | | seal records. In the event of an appeal from the |
22 | | circuit court order, the Illinois State Police shall |
23 | | send written notice to the petitioner of its |
24 | | compliance with an Appellate Court or Supreme Court |
25 | | judgment to expunge or seal records within 60 days of |
26 | | the issuance of the court's mandate. The notice is not |
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1 | | required while any motion to vacate, modify, or |
2 | | reconsider, or any appeal or petition for |
3 | | discretionary appellate review, is pending. |
4 | | (E) Upon motion, the court may order that a sealed |
5 | | judgment or other court record necessary to |
6 | | demonstrate the amount of any legal financial |
7 | | obligation due and owing be made available for the |
8 | | limited purpose of collecting any legal financial |
9 | | obligations owed by the petitioner that were |
10 | | established, imposed, or originated in the criminal |
11 | | proceeding for which those records have been sealed. |
12 | | The records made available under this subparagraph (E) |
13 | | shall not be entered into the official index required |
14 | | to be kept by the circuit court clerk under Section 16 |
15 | | of the Clerks of Courts Act and shall be immediately |
16 | | re-impounded upon the collection of the outstanding |
17 | | financial obligations. |
18 | | (F) Notwithstanding any other provision of this |
19 | | Section, a circuit court clerk may access a sealed |
20 | | record for the limited purpose of collecting payment |
21 | | for any legal financial obligations that were |
22 | | established, imposed, or originated in the criminal |
23 | | proceedings for which those records have been sealed. |
24 | | (10) Fees. The Illinois State Police may charge the |
25 | | petitioner a fee equivalent to the cost of processing any |
26 | | order to expunge or seal records. Notwithstanding any |
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1 | | provision of the Clerks of Courts Act to the contrary, the |
2 | | circuit court clerk may charge a fee equivalent to the |
3 | | cost associated with the sealing or expungement of records |
4 | | by the circuit court clerk. From the total filing fee |
5 | | collected for the petition to seal or expunge, the circuit |
6 | | court clerk shall deposit $10 into the Circuit Court Clerk |
7 | | Operation and Administrative Fund, to be used to offset |
8 | | the costs incurred by the circuit court clerk in |
9 | | performing the additional duties required to serve the |
10 | | petition to seal or expunge on all parties. The circuit |
11 | | court clerk shall collect and remit the Illinois State |
12 | | Police portion of the fee to the State Treasurer and it |
13 | | shall be deposited in the State Police Services Fund. If |
14 | | the record brought under an expungement petition was |
15 | | previously sealed under this Section, the fee for the |
16 | | expungement petition for that same record shall be waived. |
17 | | (11) Final Order. No court order issued under the |
18 | | expungement or sealing provisions of this Section shall |
19 | | become final for purposes of appeal until 30 days after |
20 | | service of the order on the petitioner and all parties |
21 | | entitled to notice of the petition. |
22 | | (12) Motion to Vacate, Modify, or Reconsider. Under |
23 | | Section 2-1203 of the Code of Civil Procedure, the |
24 | | petitioner or any party entitled to notice may file a |
25 | | motion to vacate, modify, or reconsider the order granting |
26 | | or denying the petition to expunge or seal within 60 days |
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1 | | of service of the order. If filed more than 60 days after |
2 | | service of the order, a petition to vacate, modify, or |
3 | | reconsider shall comply with subsection (c) of Section |
4 | | 2-1401 of the Code of Civil Procedure. Upon filing of a |
5 | | motion to vacate, modify, or reconsider, notice of the |
6 | | motion shall be served upon the petitioner and all parties |
7 | | entitled to notice of the petition. |
8 | | (13) Effect of Order. An order granting a petition |
9 | | under the expungement or sealing provisions of this |
10 | | Section shall not be considered void because it fails to |
11 | | comply with the provisions of this Section or because of |
12 | | any error asserted in a motion to vacate, modify, or |
13 | | reconsider. The circuit court retains jurisdiction to |
14 | | determine whether the order is voidable and to vacate, |
15 | | modify, or reconsider its terms based on a motion filed |
16 | | under paragraph (12) of this subsection (d). |
17 | | (14) Compliance with Order Granting Petition to Seal |
18 | | Records. Unless a court has entered a stay of an order |
19 | | granting a petition to seal, all parties entitled to |
20 | | notice of the petition must fully comply with the terms of |
21 | | the order within 60 days of service of the order even if a |
22 | | party is seeking relief from the order through a motion |
23 | | filed under paragraph (12) of this subsection (d) or is |
24 | | appealing the order. |
25 | | (15) Compliance with Order Granting Petition to |
26 | | Expunge Records. While a party is seeking relief from the |
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1 | | order granting the petition to expunge through a motion |
2 | | filed under paragraph (12) of this subsection (d) or is |
3 | | appealing the order, and unless a court has entered a stay |
4 | | of that order, the parties entitled to notice of the |
5 | | petition must seal, but need not expunge, the records |
6 | | until there is a final order on the motion for relief or, |
7 | | in the case of an appeal, the issuance of that court's |
8 | | mandate. |
9 | | (16) The changes to this subsection (d) made by Public |
10 | | Act 98-163 apply to all petitions pending on August 5, |
11 | | 2013 (the effective date of Public Act 98-163) and to all |
12 | | orders ruling on a petition to expunge or seal on or after |
13 | | August 5, 2013 (the effective date of Public Act 98-163). |
14 | | (e) Whenever a person who has been convicted of an offense |
15 | | is granted a pardon by the Governor which specifically |
16 | | authorizes expungement, he or she may, upon verified petition |
17 | | to the Chief Judge of the circuit where the person had been |
18 | | convicted, any judge of the circuit designated by the Chief |
19 | | Judge, or in counties of less than 3,000,000 inhabitants, the |
20 | | presiding trial judge at the defendant's trial, have a court |
21 | | order entered expunging the record of arrest from the official |
22 | | records of the arresting authority and order that the records |
23 | | of the circuit court clerk and the Illinois State Police be |
24 | | sealed until further order of the court upon good cause shown |
25 | | or as otherwise provided herein, and the name of the defendant |
26 | | obliterated from the official index requested to be kept by |
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1 | | the circuit court clerk under Section 16 of the Clerks of |
2 | | Courts Act in connection with the arrest and conviction for |
3 | | the offense for which he or she had been pardoned but the order |
4 | | shall not affect any index issued by the circuit court clerk |
5 | | before the entry of the order. All records sealed by the |
6 | | Illinois State Police may be disseminated by the Illinois |
7 | | State Police only to the arresting authority, the State's |
8 | | Attorney, and the court upon a later arrest for the same or |
9 | | similar offense or for the purpose of sentencing for any |
10 | | subsequent felony. Upon conviction for any subsequent offense, |
11 | | the Department of Corrections shall have access to all sealed |
12 | | records of the Illinois State Police pertaining to that |
13 | | individual. Upon entry of the order of expungement, the |
14 | | circuit court clerk shall promptly mail a copy of the order to |
15 | | the person who was pardoned. |
16 | | (e-5) Whenever a person who has been convicted of an |
17 | | offense is granted a certificate of eligibility for sealing by |
18 | | the Prisoner Review Board which specifically authorizes |
19 | | sealing, he or she may, upon verified petition to the Chief |
20 | | Judge of the circuit where the person had been convicted, any |
21 | | judge of the circuit designated by the Chief Judge, or in |
22 | | counties of less than 3,000,000 inhabitants, the presiding |
23 | | trial judge at the petitioner's trial, have a court order |
24 | | entered sealing the record of arrest from the official records |
25 | | of the arresting authority and order that the records of the |
26 | | circuit court clerk and the Illinois State Police be sealed |
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1 | | until further order of the court upon good cause shown or as |
2 | | otherwise provided herein, and the name of the petitioner |
3 | | obliterated from the official index requested to be kept by |
4 | | the circuit court clerk under Section 16 of the Clerks of |
5 | | Courts Act in connection with the arrest and conviction for |
6 | | the offense for which he or she had been granted the |
7 | | certificate but the order shall not affect any index issued by |
8 | | the circuit court clerk before the entry of the order. All |
9 | | records sealed by the Illinois State Police may be |
10 | | disseminated by the Illinois State Police only as required by |
11 | | this Act or to the arresting authority, a law enforcement |
12 | | agency, the State's Attorney, and the court upon a later |
13 | | arrest for the same or similar offense or for the purpose of |
14 | | sentencing for any subsequent felony. Upon conviction for any |
15 | | subsequent offense, the Department of Corrections shall have |
16 | | access to all sealed records of the Illinois State Police |
17 | | pertaining to that individual. Upon entry of the order of |
18 | | sealing, the circuit court clerk shall promptly mail a copy of |
19 | | the order to the person who was granted the certificate of |
20 | | eligibility for sealing. |
21 | | (e-6) Whenever a person who has been convicted of an |
22 | | offense is granted a certificate of eligibility for |
23 | | expungement by the Prisoner Review Board which specifically |
24 | | authorizes expungement, he or she may, upon verified petition |
25 | | to the Chief Judge of the circuit where the person had been |
26 | | convicted, any judge of the circuit designated by the Chief |
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1 | | Judge, or in counties of less than 3,000,000 inhabitants, the |
2 | | presiding trial judge at the petitioner's trial, have a court |
3 | | order entered expunging the record of arrest from the official |
4 | | records of the arresting authority and order that the records |
5 | | of the circuit court clerk and the Illinois State Police be |
6 | | sealed until further order of the court upon good cause shown |
7 | | or as otherwise provided herein, and the name of the |
8 | | petitioner obliterated from the official index requested to be |
9 | | kept by the circuit court clerk under Section 16 of the Clerks |
10 | | of Courts Act in connection with the arrest and conviction for |
11 | | the offense for which he or she had been granted the |
12 | | certificate but the order shall not affect any index issued by |
13 | | the circuit court clerk before the entry of the order. All |
14 | | records sealed by the Illinois State Police may be |
15 | | disseminated by the Illinois State Police only as required by |
16 | | this Act or to the arresting authority, a law enforcement |
17 | | agency, the State's Attorney, and the court upon a later |
18 | | arrest for the same or similar offense or for the purpose of |
19 | | sentencing for any subsequent felony. Upon conviction for any |
20 | | subsequent offense, the Department of Corrections shall have |
21 | | access to all expunged records of the Illinois State Police |
22 | | pertaining to that individual. Upon entry of the order of |
23 | | expungement, the circuit court clerk shall promptly mail a |
24 | | copy of the order to the person who was granted the certificate |
25 | | of eligibility for expungement. |
26 | | (f) Subject to available funding, the Illinois Department |
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1 | | of Corrections shall conduct a study of the impact of sealing, |
2 | | especially on employment and recidivism rates, utilizing a |
3 | | random sample of those who apply for the sealing of their |
4 | | criminal records under Public Act 93-211. At the request of |
5 | | the Illinois Department of Corrections, records of the |
6 | | Illinois Department of Employment Security shall be utilized |
7 | | as appropriate to assist in the study. The study shall not |
8 | | disclose any data in a manner that would allow the |
9 | | identification of any particular individual or employing unit. |
10 | | The study shall be made available to the General Assembly no |
11 | | later than September 1, 2010. |
12 | | (g) Immediate Sealing. |
13 | | (1) Applicability. Notwithstanding any other provision |
14 | | of this Act to the contrary, and cumulative with any |
15 | | rights to expungement or sealing of criminal records, this |
16 | | subsection authorizes the immediate sealing of criminal |
17 | | records of adults and of minors prosecuted as adults. |
18 | | (2) Eligible Records. Arrests or charges not initiated |
19 | | by arrest resulting in acquittal or dismissal with |
20 | | prejudice, except as excluded by subsection (a)(3)(B), |
21 | | that occur on or after January 1, 2018 (the effective date |
22 | | of Public Act 100-282), may be sealed immediately if the |
23 | | petition is filed with the circuit court clerk on the same |
24 | | day and during the same hearing in which the case is |
25 | | disposed. |
26 | | (3) When Records are Eligible to be Immediately |
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1 | | Sealed. Eligible records under paragraph (2) of this |
2 | | subsection (g) may be sealed immediately after entry of |
3 | | the final disposition of a case, notwithstanding the |
4 | | disposition of other charges in the same case. |
5 | | (4) Notice of Eligibility for Immediate Sealing. Upon |
6 | | entry of a disposition for an eligible record under this |
7 | | subsection (g), the defendant shall be informed by the |
8 | | court of his or her right to have eligible records |
9 | | immediately sealed and the procedure for the immediate |
10 | | sealing of these records. |
11 | | (5) Procedure. The following procedures apply to |
12 | | immediate sealing under this subsection (g). |
13 | | (A) Filing the Petition. Upon entry of the final |
14 | | disposition of the case, the defendant's attorney may |
15 | | immediately petition the court, on behalf of the |
16 | | defendant, for immediate sealing of eligible records |
17 | | under paragraph (2) of this subsection (g) that are |
18 | | entered on or after January 1, 2018 (the effective |
19 | | date of Public Act 100-282). The immediate sealing |
20 | | petition may be filed with the circuit court clerk |
21 | | during the hearing in which the final disposition of |
22 | | the case is entered. If the defendant's attorney does |
23 | | not file the petition for immediate sealing during the |
24 | | hearing, the defendant may file a petition for sealing |
25 | | at any time as authorized under subsection (c)(3)(A). |
26 | | (B) Contents of Petition. The immediate sealing |
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1 | | petition shall be verified and shall contain the |
2 | | petitioner's name, date of birth, current address, and |
3 | | for each eligible record, the case number, the date of |
4 | | arrest if applicable, the identity of the arresting |
5 | | authority if applicable, and other information as the |
6 | | court may require. |
7 | | (C) Drug Test. The petitioner shall not be |
8 | | required to attach proof that he or she has passed a |
9 | | drug test. |
10 | | (D) Service of Petition. A copy of the petition |
11 | | shall be served on the State's Attorney in open court. |
12 | | The petitioner shall not be required to serve a copy of |
13 | | the petition on any other agency. |
14 | | (E) Entry of Order. The presiding trial judge |
15 | | shall enter an order granting or denying the petition |
16 | | for immediate sealing during the hearing in which it |
17 | | is filed. Petitions for immediate sealing shall be |
18 | | ruled on in the same hearing in which the final |
19 | | disposition of the case is entered. |
20 | | (F) Hearings. The court shall hear the petition |
21 | | for immediate sealing on the same day and during the |
22 | | same hearing in which the disposition is rendered. |
23 | | (G) Service of Order. An order to immediately seal |
24 | | eligible records shall be served in conformance with |
25 | | subsection (d)(8). |
26 | | (H) Implementation of Order. An order to |
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1 | | immediately seal records shall be implemented in |
2 | | conformance with subsections (d)(9)(C) and (d)(9)(D). |
3 | | (I) Fees. The fee imposed by the circuit court |
4 | | clerk and the Illinois State Police shall comply with |
5 | | paragraph (1) of subsection (d) of this Section. |
6 | | (J) Final Order. No court order issued under this |
7 | | subsection (g) shall become final for purposes of |
8 | | appeal until 30 days after service of the order on the |
9 | | petitioner and all parties entitled to service of the |
10 | | order in conformance with subsection (d)(8). |
11 | | (K) Motion to Vacate, Modify, or Reconsider. Under |
12 | | Section 2-1203 of the Code of Civil Procedure, the |
13 | | petitioner, State's Attorney, or the Illinois State |
14 | | Police may file a motion to vacate, modify, or |
15 | | reconsider the order denying the petition to |
16 | | immediately seal within 60 days of service of the |
17 | | order. If filed more than 60 days after service of the |
18 | | order, a petition to vacate, modify, or reconsider |
19 | | shall comply with subsection (c) of Section 2-1401 of |
20 | | the Code of Civil Procedure. |
21 | | (L) Effect of Order. An order granting an |
22 | | immediate sealing petition shall not be considered |
23 | | void because it fails to comply with the provisions of |
24 | | this Section or because of an error asserted in a |
25 | | motion to vacate, modify, or reconsider. The circuit |
26 | | court retains jurisdiction to determine whether the |
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1 | | order is voidable, and to vacate, modify, or |
2 | | reconsider its terms based on a motion filed under |
3 | | subparagraph (L) of this subsection (g). |
4 | | (M) Compliance with Order Granting Petition to |
5 | | Seal Records. Unless a court has entered a stay of an |
6 | | order granting a petition to immediately seal, all |
7 | | parties entitled to service of the order must fully |
8 | | comply with the terms of the order within 60 days of |
9 | | service of the order. |
10 | | (h) Sealing or vacation and expungement of trafficking |
11 | | victims' crimes. |
12 | | (1) A trafficking victim, as defined by paragraph (10) |
13 | | of subsection (a) of Section 10-9 of the Criminal Code of |
14 | | 2012, may petition for vacation and expungement or |
15 | | immediate sealing of his or her criminal record upon the |
16 | | completion of his or her last sentence if his or her |
17 | | participation in the underlying offense was a result of |
18 | | human trafficking under Section 10-9 of the Criminal Code |
19 | | of 2012 or a severe form of trafficking under the federal |
20 | | Trafficking Victims Protection Act. |
21 | | (1.5) A petition under paragraph (1) shall be |
22 | | prepared, signed, and filed in accordance with Supreme |
23 | | Court Rule 9. The court may allow the petitioner to attend |
24 | | any required hearing remotely in accordance with local |
25 | | rules. The court may allow a petition to be filed under |
26 | | seal if the public filing of the petition would constitute |
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1 | | a risk of harm to the petitioner. |
2 | | (2) A petitioner under this subsection (h), in |
3 | | addition to the requirements provided under paragraph (4) |
4 | | of subsection (d) of this Section, shall include in his or |
5 | | her petition a clear and concise statement that: (A) he or |
6 | | she was a victim of human trafficking at the time of the |
7 | | offense; and (B) that his or her participation in the |
8 | | offense was a result of human trafficking under Section |
9 | | 10-9 of the Criminal Code of 2012 or a severe form of |
10 | | trafficking under the federal Trafficking Victims |
11 | | Protection Act. |
12 | | (3) If an objection is filed alleging that the |
13 | | petitioner is not entitled to vacation and expungement or |
14 | | immediate sealing under this subsection (h), the court |
15 | | shall conduct a hearing under paragraph (7) of subsection |
16 | | (d) of this Section and the court shall determine whether |
17 | | the petitioner is entitled to vacation and expungement or |
18 | | immediate sealing under this subsection (h). A petitioner |
19 | | is eligible for vacation and expungement or immediate |
20 | | relief under this subsection (h) if he or she shows, by a |
21 | | preponderance of the evidence, that: (A) he or she was a |
22 | | victim of human trafficking at the time of the offense; |
23 | | and (B) that his or her participation in the offense was a |
24 | | result of human trafficking under Section 10-9 of the |
25 | | Criminal Code of 2012 or a severe form of trafficking |
26 | | under the federal Trafficking Victims Protection Act. |
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1 | | (i) Minor Cannabis Offenses under the Cannabis Control |
2 | | Act. |
3 | | (1) Expungement of Arrest Records of Minor Cannabis |
4 | | Offenses. |
5 | | (A) The Illinois State Police and all law |
6 | | enforcement agencies within the State shall |
7 | | automatically expunge all criminal history records of |
8 | | an arrest, charge not initiated by arrest, order of |
9 | | supervision, or order of qualified probation for a |
10 | | Minor Cannabis Offense committed prior to June 25, |
11 | | 2019 (the effective date of Public Act 101-27) if: |
12 | | (i) One year or more has elapsed since the |
13 | | date of the arrest or law enforcement interaction |
14 | | documented in the records; and |
15 | | (ii) No criminal charges were filed relating |
16 | | to the arrest or law enforcement interaction or |
17 | | criminal charges were filed and subsequently |
18 | | dismissed or vacated or the arrestee was |
19 | | acquitted. |
20 | | (B) If the law enforcement agency is unable to |
21 | | verify satisfaction of condition (ii) in paragraph |
22 | | (A), records that satisfy condition (i) in paragraph |
23 | | (A) shall be automatically expunged. |
24 | | (C) Records shall be expunged by the law |
25 | | enforcement agency under the following timelines: |
26 | | (i) Records created prior to June 25, 2019 |
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1 | | (the effective date of Public Act 101-27), but on |
2 | | or after January 1, 2013, shall be automatically |
3 | | expunged prior to January 1, 2021; |
4 | | (ii) Records created prior to January 1, 2013, |
5 | | but on or after January 1, 2000, shall be |
6 | | automatically expunged prior to January 1, 2023; |
7 | | (iii) Records created prior to January 1, 2000 |
8 | | shall be automatically expunged prior to January |
9 | | 1, 2025. |
10 | | In response to an inquiry for expunged records, |
11 | | the law enforcement agency receiving such inquiry |
12 | | shall reply as it does in response to inquiries when no |
13 | | records ever existed; however, it shall provide a |
14 | | certificate of disposition or confirmation that the |
15 | | record was expunged to the individual whose record was |
16 | | expunged if such a record exists. |
17 | | (D) Nothing in this Section shall be construed to |
18 | | restrict or modify an individual's right to have that |
19 | | individual's records expunged except as otherwise may |
20 | | be provided in this Act, or diminish or abrogate any |
21 | | rights or remedies otherwise available to the |
22 | | individual. |
23 | | (2) Pardons Authorizing Expungement of Minor Cannabis |
24 | | Offenses. |
25 | | (A) Upon June 25, 2019 (the effective date of |
26 | | Public Act 101-27), the Department of State Police |
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1 | | shall review all criminal history record information |
2 | | and identify all records that meet all of the |
3 | | following criteria: |
4 | | (i) one or more convictions for a Minor |
5 | | Cannabis Offense; |
6 | | (ii) the conviction identified in paragraph |
7 | | (2)(A)(i) did not include a penalty enhancement |
8 | | under Section 7 of the Cannabis Control Act; and |
9 | | (iii) the conviction identified in paragraph |
10 | | (2)(A)(i) is not associated with a conviction for |
11 | | a violent crime as defined in subsection (c) of |
12 | | Section 3 of the Rights of Crime Victims and |
13 | | Witnesses Act. |
14 | | (B) Within 180 days after June 25, 2019 (the |
15 | | effective date of Public Act 101-27), the Department |
16 | | of State Police shall notify the Prisoner Review Board |
17 | | of all such records that meet the criteria established |
18 | | in paragraph (2)(A). |
19 | | (i) The Prisoner Review Board shall notify the |
20 | | State's Attorney of the county of conviction of |
21 | | each record identified by State Police in |
22 | | paragraph (2)(A) that is classified as a Class 4 |
23 | | felony. The State's Attorney may provide a written |
24 | | objection to the Prisoner Review Board on the sole |
25 | | basis that the record identified does not meet the |
26 | | criteria established in paragraph (2)(A). Such an |
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1 | | objection must be filed within 60 days or by such |
2 | | later date set by the Prisoner Review Board in the |
3 | | notice after the State's Attorney received notice |
4 | | from the Prisoner Review Board. |
5 | | (ii) In response to a written objection from a |
6 | | State's Attorney, the Prisoner Review Board is |
7 | | authorized to conduct a non-public hearing to |
8 | | evaluate the information provided in the |
9 | | objection. |
10 | | (iii) The Prisoner Review Board shall make a |
11 | | confidential and privileged recommendation to the |
12 | | Governor as to whether to grant a pardon |
13 | | authorizing expungement for each of the records |
14 | | identified by the Department of State Police as |
15 | | described in paragraph (2)(A). |
16 | | (C) If an individual has been granted a pardon |
17 | | authorizing expungement as described in this Section, |
18 | | the Prisoner Review Board, through the Attorney |
19 | | General, shall file a petition for expungement with |
20 | | the Chief Judge of the circuit or any judge of the |
21 | | circuit designated by the Chief Judge where the |
22 | | individual had been convicted. Such petition may |
23 | | include more than one individual. Whenever an |
24 | | individual who has been convicted of an offense is |
25 | | granted a pardon by the Governor that specifically |
26 | | authorizes expungement, an objection to the petition |
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1 | | may not be filed. Petitions to expunge under this |
2 | | subsection (i) may include more than one individual. |
3 | | Within 90 days of the filing of such a petition, the |
4 | | court shall enter an order expunging the records of |
5 | | arrest from the official records of the arresting |
6 | | authority and order that the records of the circuit |
7 | | court clerk and the Illinois State Police be expunged |
8 | | and the name of the defendant obliterated from the |
9 | | official index requested to be kept by the circuit |
10 | | court clerk under Section 16 of the Clerks of Courts |
11 | | Act in connection with the arrest and conviction for |
12 | | the offense for which the individual had received a |
13 | | pardon but the order shall not affect any index issued |
14 | | by the circuit court clerk before the entry of the |
15 | | order. Upon entry of the order of expungement, the |
16 | | circuit court clerk shall promptly provide a copy of |
17 | | the order and a certificate of disposition to the |
18 | | individual who was pardoned to the individual's last |
19 | | known address or by electronic means (if available) or |
20 | | otherwise make it available to the individual upon |
21 | | request. |
22 | | (D) Nothing in this Section is intended to |
23 | | diminish or abrogate any rights or remedies otherwise |
24 | | available to the individual. |
25 | | (3) Any individual may file a motion to vacate and |
26 | | expunge a conviction for a misdemeanor or Class 4 felony |
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1 | | violation of Section 4 or Section 5 of the Cannabis |
2 | | Control Act. Motions to vacate and expunge under this |
3 | | subsection (i) may be filed with the circuit court, Chief |
4 | | Judge of a judicial circuit or any judge of the circuit |
5 | | designated by the Chief Judge. The circuit court clerk |
6 | | shall promptly serve a copy of the motion to vacate and |
7 | | expunge, and any supporting documentation, on the State's |
8 | | Attorney or prosecutor charged with the duty of |
9 | | prosecuting the offense. When considering such a motion to |
10 | | vacate and expunge, a court shall consider the following: |
11 | | the reasons to retain the records provided by law |
12 | | enforcement, the petitioner's age, the petitioner's age at |
13 | | the time of offense, the time since the conviction, and |
14 | | the specific adverse consequences if denied. An individual |
15 | | may file such a petition after the completion of any |
16 | | non-financial sentence or non-financial condition imposed |
17 | | by the conviction. Within 60 days of the filing of such |
18 | | motion, a State's Attorney may file an objection to such a |
19 | | petition along with supporting evidence. If a motion to |
20 | | vacate and expunge is granted, the records shall be |
21 | | expunged in accordance with subparagraphs (d)(8) and |
22 | | (d)(9)(A) of this Section. An agency providing civil legal |
23 | | aid, as defined by Section 15 of the Public Interest |
24 | | Attorney Assistance Act, assisting individuals seeking to |
25 | | file a motion to vacate and expunge under this subsection |
26 | | may file motions to vacate and expunge with the Chief |
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1 | | Judge of a judicial circuit or any judge of the circuit |
2 | | designated by the Chief Judge, and the motion may include |
3 | | more than one individual. Motions filed by an agency |
4 | | providing civil legal aid concerning more than one |
5 | | individual may be prepared, presented, and signed |
6 | | electronically. |
7 | | (4) Any State's Attorney may file a motion to vacate |
8 | | and expunge a conviction for a misdemeanor or Class 4 |
9 | | felony violation of Section 4 or Section 5 of the Cannabis |
10 | | Control Act. Motions to vacate and expunge under this |
11 | | subsection (i) may be filed with the circuit court, Chief |
12 | | Judge of a judicial circuit or any judge of the circuit |
13 | | designated by the Chief Judge, and may include more than |
14 | | one individual. Motions filed by a State's Attorney |
15 | | concerning more than one individual may be prepared, |
16 | | presented, and signed electronically. When considering |
17 | | such a motion to vacate and expunge, a court shall |
18 | | consider the following: the reasons to retain the records |
19 | | provided by law enforcement, the individual's age, the |
20 | | individual's age at the time of offense, the time since |
21 | | the conviction, and the specific adverse consequences if |
22 | | denied. Upon entry of an order granting a motion to vacate |
23 | | and expunge records pursuant to this Section, the State's |
24 | | Attorney shall notify the Prisoner Review Board within 30 |
25 | | days. Upon entry of the order of expungement, the circuit |
26 | | court clerk shall promptly provide a copy of the order and |
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1 | | a certificate of disposition to the individual whose |
2 | | records will be expunged to the individual's last known |
3 | | address or by electronic means (if available) or otherwise |
4 | | make available to the individual upon request. If a motion |
5 | | to vacate and expunge is granted, the records shall be |
6 | | expunged in accordance with subparagraphs (d)(8) and |
7 | | (d)(9)(A) of this Section. |
8 | | (5) In the public interest, the State's Attorney of a |
9 | | county has standing to file motions to vacate and expunge |
10 | | pursuant to this Section in the circuit court with |
11 | | jurisdiction over the underlying conviction. |
12 | | (6) If a person is arrested for a Minor Cannabis |
13 | | Offense as defined in this Section before June 25, 2019 |
14 | | (the effective date of Public Act 101-27) and the person's |
15 | | case is still pending but a sentence has not been imposed, |
16 | | the person may petition the court in which the charges are |
17 | | pending for an order to summarily dismiss those charges |
18 | | against him or her, and expunge all official records of |
19 | | his or her arrest, plea, trial, conviction, incarceration, |
20 | | supervision, or expungement. If the court determines, upon |
21 | | review, that: (A) the person was arrested before June 25, |
22 | | 2019 (the effective date of Public Act 101-27) for an |
23 | | offense that has been made eligible for expungement; (B) |
24 | | the case is pending at the time; and (C) the person has not |
25 | | been sentenced of the minor cannabis violation eligible |
26 | | for expungement under this subsection, the court shall |
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1 | | consider the following: the reasons to retain the records |
2 | | provided by law enforcement, the petitioner's age, the |
3 | | petitioner's age at the time of offense, the time since |
4 | | the conviction, and the specific adverse consequences if |
5 | | denied. If a motion to dismiss and expunge is granted, the |
6 | | records shall be expunged in accordance with subparagraph |
7 | | (d)(9)(A) of this Section. |
8 | | (7) A person imprisoned solely as a result of one or |
9 | | more convictions for Minor Cannabis Offenses under this |
10 | | subsection (i) shall be released from incarceration upon |
11 | | the issuance of an order under this subsection. |
12 | | (8) The Illinois State Police shall allow a person to |
13 | | use the access and review process, established in the |
14 | | Illinois State Police, for verifying that his or her |
15 | | records relating to Minor Cannabis Offenses of the |
16 | | Cannabis Control Act eligible under this Section have been |
17 | | expunged. |
18 | | (9) No conviction vacated pursuant to this Section |
19 | | shall serve as the basis for damages for time unjustly |
20 | | served as provided in the Court of Claims Act. |
21 | | (10) Effect of Expungement. A person's right to |
22 | | expunge an expungeable offense shall not be limited under |
23 | | this Section. The effect of an order of expungement shall |
24 | | be to restore the person to the status he or she occupied |
25 | | before the arrest, charge, or conviction. |
26 | | (11) Information. The Illinois State Police shall post |
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1 | | general information on its website about the expungement |
2 | | process described in this subsection (i). |
3 | | (j) Felony Prostitution Convictions. |
4 | | (1) Any individual may file a motion to vacate and |
5 | | expunge a conviction for a prior Class 4 felony violation |
6 | | of prostitution. Motions to vacate and expunge under this |
7 | | subsection (j) may be filed with the circuit court, Chief |
8 | | Judge of a judicial circuit, or any judge of the circuit |
9 | | designated by the Chief Judge. When considering the motion |
10 | | to vacate and expunge, a court shall consider the |
11 | | following: |
12 | | (A) the reasons to retain the records provided by |
13 | | law enforcement; |
14 | | (B) the petitioner's age; |
15 | | (C) the petitioner's age at the time of offense; |
16 | | and |
17 | | (D) the time since the conviction, and the |
18 | | specific adverse consequences if denied. An individual |
19 | | may file the petition after the completion of any |
20 | | sentence or condition imposed by the conviction. |
21 | | Within 60 days of the filing of the motion, a State's |
22 | | Attorney may file an objection to the petition along |
23 | | with supporting evidence. If a motion to vacate and |
24 | | expunge is granted, the records shall be expunged in |
25 | | accordance with subparagraph (d)(9)(A) of this |
26 | | Section. An agency providing civil legal aid, as |
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1 | | defined in Section 15 of the Public Interest Attorney |
2 | | Assistance Act, assisting individuals seeking to file |
3 | | a motion to vacate and expunge under this subsection |
4 | | may file motions to vacate and expunge with the Chief |
5 | | Judge of a judicial circuit or any judge of the circuit |
6 | | designated by the Chief Judge, and the motion may |
7 | | include more than one individual. |
8 | | (2) Any State's Attorney may file a motion to vacate |
9 | | and expunge a conviction for a Class 4 felony violation of |
10 | | prostitution. Motions to vacate and expunge under this |
11 | | subsection (j) may be filed with the circuit court, Chief |
12 | | Judge of a judicial circuit, or any judge of the circuit |
13 | | court designated by the Chief Judge, and may include more |
14 | | than one individual. When considering the motion to vacate |
15 | | and expunge, a court shall consider the following reasons: |
16 | | (A) the reasons to retain the records provided by |
17 | | law enforcement; |
18 | | (B) the petitioner's age; |
19 | | (C) the petitioner's age at the time of offense; |
20 | | (D) the time since the conviction; and |
21 | | (E) the specific adverse consequences if denied. |
22 | | If the State's Attorney files a motion to vacate and |
23 | | expunge records for felony prostitution convictions |
24 | | pursuant to this Section, the State's Attorney shall |
25 | | notify the Prisoner Review Board within 30 days of the |
26 | | filing. If a motion to vacate and expunge is granted, the |
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1 | | records shall be expunged in accordance with subparagraph |
2 | | (d)(9)(A) of this Section. |
3 | | (3) In the public interest, the State's Attorney of a |
4 | | county has standing to file motions to vacate and expunge |
5 | | pursuant to this Section in the circuit court with |
6 | | jurisdiction over the underlying conviction. |
7 | | (4) The Illinois State Police shall allow a person to |
8 | | a use the access and review process, established in the |
9 | | Illinois State Police, for verifying that his or her |
10 | | records relating to felony prostitution eligible under |
11 | | this Section have been expunged. |
12 | | (5) No conviction vacated pursuant to this Section |
13 | | shall serve as the basis for damages for time unjustly |
14 | | served as provided in the Court of Claims Act. |
15 | | (6) Effect of Expungement. A person's right to expunge |
16 | | an expungeable offense shall not be limited under this |
17 | | Section. The effect of an order of expungement shall be to |
18 | | restore the person to the status he or she occupied before |
19 | | the arrest, charge, or conviction. |
20 | | (7) Information. The Illinois State Police shall post |
21 | | general information on its website about the expungement |
22 | | process described in this subsection (j). |
23 | | (Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21; |
24 | | 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff. |
25 | | 1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23 .) |
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1 | | Section 35. The Illinois Vehicle Hijacking and Motor |
2 | | Vehicle Theft Prevention and Insurance Verification Act is |
3 | | amended by changing Section 8.6 as follows: |
4 | | (20 ILCS 4005/8.6) |
5 | | Sec. 8.6. Private passenger motor vehicle insurance. State |
6 | | Police Training and Academy Fund; Law Enforcement Training |
7 | | Fund. Before April 1 of each year, each insurer engaged in |
8 | | writing private passenger motor vehicle insurance coverage |
9 | | that is included in Class 2 and Class 3 of Section 4 of the |
10 | | Illinois Insurance Code, as a condition of its authority to |
11 | | transact business in this State, may collect and shall pay to |
12 | | the Department of Insurance an amount equal to $4, or a lesser |
13 | | amount determined by the Illinois Law Enforcement Training |
14 | | Standards Board by rule, multiplied by the insurer's total |
15 | | earned car years of private passenger motor vehicle insurance |
16 | | policies providing physical damage insurance coverage written |
17 | | in this State during the preceding calendar year. Of the |
18 | | amounts collected under this Section, the Department of |
19 | | Insurance shall deposit 10% into the State Police Law |
20 | | Enforcement Administration Fund State Police Training and |
21 | | Academy Fund and 90% into the Law Enforcement Training Fund. |
22 | | (Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22; |
23 | | 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.) |
24 | | Section 40. The State Finance Act is amended by changing |
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1 | | Sections 5.946, 5.963, 6z-106, 6z-125, and 6z-127 as follows: |
2 | | (30 ILCS 105/5.946) |
3 | | Sec. 5.946. The State Police Training and Academy Fund. |
4 | | This Section is repealed on July 1, 2025. |
5 | | (Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22.) |
6 | | (30 ILCS 105/5.963) |
7 | | Sec. 5.963. The State Police Firearm Revocation |
8 | | Enforcement Fund. |
9 | | (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.) |
10 | | (30 ILCS 105/6z-106) |
11 | | Sec. 6z-106. State Police Law Enforcement Administration |
12 | | Fund. |
13 | | (a) There is created in the State treasury a special fund |
14 | | known as the State Police Law Enforcement Administration Fund. |
15 | | The Fund shall receive revenue under subsection (c) of Section |
16 | | 10-5 of the Criminal and Traffic Assessment Act and Section |
17 | | 500-135 of the Illinois Insurance Code. The Fund shall also |
18 | | receive the moneys designated to be paid in to the Fund under |
19 | | subsection (a-5) of Section 500-135 of the Illinois Insurance |
20 | | Code and Section 8.6 of the Illinois Vehicle Hijacking and |
21 | | Motor Vehicle Theft Prevention and Insurance Verification Act . |
22 | | The Fund may also receive revenue from grants, donations, |
23 | | appropriations, and any other legal source. |
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1 | | (b) The Illinois State Police may use moneys in the Fund to |
2 | | finance any of its lawful purposes or functions , including, |
3 | | but not limited to, training for forensic laboratory personnel |
4 | | and other State Police personnel. However, ; however, the |
5 | | primary purpose of the Fund shall be to finance State Police |
6 | | cadet classes in May and October of each year . |
7 | | (c) Expenditures may be made from the Fund only as |
8 | | appropriated by the General Assembly by law. |
9 | | (d) Investment income that is attributable to the |
10 | | investment of moneys in the Fund shall be retained in the Fund |
11 | | for the uses specified in this Section. |
12 | | (e) The State Police Law Enforcement Administration Fund |
13 | | shall not be subject to administrative chargebacks. |
14 | | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.) |
15 | | (30 ILCS 105/6z-125) |
16 | | Sec. 6z-125. State Police Training and Academy Fund. The |
17 | | State Police Training and Academy Fund is hereby created as a |
18 | | special fund in the State treasury. Moneys in the Fund shall |
19 | | consist of: (i) 10% of the revenue from increasing the |
20 | | insurance producer license fees, as provided under subsection |
21 | | (a-5) of Section 500-135 of the Illinois Insurance Code; and |
22 | | (ii) 10% of the moneys collected from auto insurance policy |
23 | | fees under Section 8.6 of the Illinois Vehicle Hijacking and |
24 | | Motor Vehicle Theft Prevention and Insurance Verification Act. |
25 | | This Fund shall be used by the Illinois State Police to fund |
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1 | | training and other State Police institutions, including, but |
2 | | not limited to, forensic laboratories. On July 1, 2025, or as |
3 | | soon thereafter as possible, the balance remaining in the |
4 | | State Police Training and Academy Fund shall be transferred to |
5 | | the State Police Law Enforcement Administration Fund. The |
6 | | State Police Training and Academy Fund is dissolved upon that |
7 | | transfer. This Section is repealed on January 1, 2026. |
8 | | (Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22; |
9 | | 102-904, eff. 1-1-23 .) |
10 | | (30 ILCS 105/6z-127) |
11 | | Sec. 6z-127. State Police Firearm Revocation Enforcement |
12 | | Fund. |
13 | | (a) The State Police Firearm Revocation Enforcement Fund |
14 | | is established as a special fund in the State treasury. This |
15 | | Fund is established to receive moneys from the Firearm Owners |
16 | | Identification Card Act to enforce that Act, the Firearm |
17 | | Concealed Carry Act, Article 24 of the Criminal Code of 2012, |
18 | | and other firearm offenses. The Fund may also receive revenue |
19 | | from grants, donations, appropriations, and any other legal |
20 | | source. |
21 | | (b) The Illinois State Police may use moneys from the Fund |
22 | | to establish task forces and, if necessary, include other law |
23 | | enforcement agencies, under intergovernmental contracts |
24 | | written and executed in conformity with the Intergovernmental |
25 | | Cooperation Act. |
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1 | | (c) The Illinois State Police may use moneys in the Fund to |
2 | | hire and train State Police officers and for the prevention of |
3 | | violent crime. |
4 | | (d) The State Police Firearm Revocation Enforcement Fund |
5 | | is not subject to administrative chargebacks. |
6 | | (e) Law enforcement agencies that participate in Firearm |
7 | | Owner's Identification Card revocation enforcement in the |
8 | | Violent Crime Intelligence Task Force may apply for grants |
9 | | from the Illinois State Police. |
10 | | (f) Any surplus in the Fund beyond what is necessary to |
11 | | ensure compliance with subsections (a) through (e) or moneys |
12 | | that are specifically appropriated for those purposes shall be |
13 | | used by the Illinois State Police to award grants to assist |
14 | | with the data reporting requirements of the Gun Trafficking |
15 | | Information Act. |
16 | | (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22; |
17 | | 103-34, eff. 6-9-23.) |
18 | | Section 45. The School Code is amended by changing |
19 | | Sections 10-27.1A and 10-27.1B as follows: |
20 | | (105 ILCS 5/10-27.1A) |
21 | | Sec. 10-27.1A. Firearms in schools. |
22 | | (a) All school officials, including teachers, school |
23 | | counselors, and support staff, shall immediately notify the |
24 | | office of the principal in the event that they observe any |
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1 | | person in possession of a firearm on school grounds; provided |
2 | | that taking such immediate action to notify the office of the |
3 | | principal would not immediately endanger the health, safety, |
4 | | or welfare of students who are under the direct supervision of |
5 | | the school official or the school official. If the health, |
6 | | safety, or welfare of students under the direct supervision of |
7 | | the school official or of the school official is immediately |
8 | | endangered, the school official shall notify the office of the |
9 | | principal as soon as the students under his or her supervision |
10 | | and he or she are no longer under immediate danger. A report is |
11 | | not required by this Section when the school official knows |
12 | | that the person in possession of the firearm is a law |
13 | | enforcement official engaged in the conduct of his or her |
14 | | official duties. Any school official acting in good faith who |
15 | | makes such a report under this Section shall have immunity |
16 | | from any civil or criminal liability that might otherwise be |
17 | | incurred as a result of making the report. The identity of the |
18 | | school official making such report shall not be disclosed |
19 | | except as expressly and specifically authorized by law. |
20 | | Knowingly and willfully failing to comply with this Section is |
21 | | a petty offense. A second or subsequent offense is a Class C |
22 | | misdemeanor. |
23 | | (b) Upon receiving a report from any school official |
24 | | pursuant to this Section, or from any other person, the |
25 | | principal or his or her designee shall immediately notify a |
26 | | local law enforcement agency. If the person found to be in |
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1 | | possession of a firearm on school grounds is a student, the |
2 | | principal or his or her designee shall also immediately notify |
3 | | that student's parent or guardian. Any principal or his or her |
4 | | designee acting in good faith who makes such reports under |
5 | | this Section shall have immunity from any civil or criminal |
6 | | liability that might otherwise be incurred or imposed as a |
7 | | result of making the reports. Knowingly and willfully failing |
8 | | to comply with this Section is a petty offense. A second or |
9 | | subsequent offense is a Class C misdemeanor. If the person |
10 | | found to be in possession of the firearm on school grounds is a |
11 | | minor, the law enforcement agency shall detain that minor |
12 | | until such time as the agency makes a determination pursuant |
13 | | to clause (a) of subsection (1) of Section 5-401 of the |
14 | | Juvenile Court Act of 1987, as to whether the agency |
15 | | reasonably believes that the minor is delinquent. If the law |
16 | | enforcement agency determines that probable cause exists to |
17 | | believe that the minor committed a violation of item (4) of |
18 | | subsection (a) of Section 24-1 of the Criminal Code of 2012 |
19 | | while on school grounds, the agency shall detain the minor for |
20 | | processing pursuant to Section 5-407 of the Juvenile Court Act |
21 | | of 1987. |
22 | | (c) Upon receipt of any written, electronic, or verbal |
23 | | report from any school personnel regarding a verified incident |
24 | | involving a firearm in a school or on school owned or leased |
25 | | property, including any conveyance owned, leased, or used by |
26 | | the school for the transport of students or school personnel, |
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1 | | the superintendent or his or her designee shall report all |
2 | | such firearm-related incidents occurring in a school or on |
3 | | school property to the local law enforcement authorities |
4 | | immediately , who shall report to the Illinois State Police in |
5 | | a form, manner, and frequency as prescribed by the Illinois |
6 | | State Police . |
7 | | The State Board of Education shall receive an annual |
8 | | statistical compilation and related data associated with |
9 | | incidents involving firearms in schools from the Illinois |
10 | | State Police. The State Board of Education shall compile this |
11 | | information by school district and make it available to the |
12 | | public. |
13 | | (c-5) Schools shall report any written, electronic, or |
14 | | verbal report of a verified incident involving a firearm made |
15 | | under subsection (c) to the State Board of Education through |
16 | | existing school incident reporting systems as they occur |
17 | | during the year by no later than August 1 of each year. The |
18 | | State Board of Education shall report data by school district, |
19 | | as collected from school districts, and make it available to |
20 | | the public via its website. The local law enforcement |
21 | | authority shall, by March 1 of each year, report the required |
22 | | data from the previous year to the Illinois State Police's |
23 | | Illinois Uniform Crime Reporting Program, which shall be |
24 | | included in its annual Crime in Illinois report. |
25 | | (d) As used in this Section, the term "firearm" shall have |
26 | | the meaning ascribed to it in Section 1.1 of the Firearm Owners |
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1 | | Identification Card Act. |
2 | | As used in this Section, the term "school" means any |
3 | | public or private elementary or secondary school. |
4 | | As used in this Section, the term "school grounds" |
5 | | includes the real property comprising any school, any |
6 | | conveyance owned, leased, or contracted by a school to |
7 | | transport students to or from school or a school-related |
8 | | activity, or any public way within 1,000 feet of the real |
9 | | property comprising any school. |
10 | | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; |
11 | | 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.) |
12 | | (105 ILCS 5/10-27.1B) |
13 | | Sec. 10-27.1B. Reporting drug-related incidents in |
14 | | schools. |
15 | | (a) In this Section: |
16 | | "Drug" means "cannabis" as defined under subsection (a) of |
17 | | Section 3 of the Cannabis Control Act, "narcotic drug" as |
18 | | defined under subsection (aa) of Section 102 of the Illinois |
19 | | Controlled Substances Act, or "methamphetamine" as defined |
20 | | under Section 10 of the Methamphetamine Control and Community |
21 | | Protection Act. |
22 | | "School" means any public or private elementary or |
23 | | secondary school. |
24 | | (b) Upon receipt of any written, electronic, or verbal |
25 | | report from any school personnel regarding a verified incident |
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1 | | involving drugs in a school or on school owned or leased |
2 | | property, including any conveyance owned, leased, or used by |
3 | | the school for the transport of students or school personnel, |
4 | | the superintendent or his or her designee, or other |
5 | | appropriate administrative officer for a private school, shall |
6 | | report all such drug-related incidents occurring in a school |
7 | | or on school property to the local law enforcement authorities |
8 | | immediately and to the Illinois State Police in a form, |
9 | | manner, and frequency as prescribed by the Illinois State |
10 | | Police . |
11 | | (c) (Blank). The State Board of Education shall receive an |
12 | | annual statistical compilation and related data associated |
13 | | with drug-related incidents in schools from the Illinois State |
14 | | Police. The State Board of Education shall compile this |
15 | | information by school district and make it available to the |
16 | | public . |
17 | | (d) Schools shall report any written, electronic, or |
18 | | verbal report of an incident involving drugs made under |
19 | | subsection (b) to the State Board of Education through |
20 | | existing school incident reporting systems as they occur |
21 | | during the year by no later than August 1 of each year. The |
22 | | State Board of Education shall report data by school district, |
23 | | as collected from school districts, and make it available to |
24 | | the public via its website. The local law enforcement |
25 | | authority shall, by March 1 of each year, report the required |
26 | | data from the previous year to the Illinois State Police's |
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1 | | Illinois Uniform Crime Reporting Program, which shall be |
2 | | included in its annual Crime in Illinois report. |
3 | | (Source: P.A. 102-538, eff. 8-20-21.) |
4 | | Section 50. The Illinois Insurance Code is amended by |
5 | | changing Section 500-135 as follows: |
6 | | (215 ILCS 5/500-135) |
7 | | (Section scheduled to be repealed on January 1, 2027) |
8 | | Sec. 500-135. Fees. |
9 | | (a) The fees required by this Article are as follows: |
10 | | (1) a fee of $215 for a person who is a resident of |
11 | | Illinois, and $380 for a person who is not a resident of |
12 | | Illinois, payable once every 2 years for an insurance |
13 | | producer license; |
14 | | (2) a fee of $50 for the issuance of a temporary |
15 | | insurance producer license; |
16 | | (3) a fee of $150 payable once every 2 years for a |
17 | | business entity; |
18 | | (4) an annual $50 fee for a limited line producer |
19 | | license issued under items (1) through (8) of subsection |
20 | | (a) of Section 500-100; |
21 | | (5) a $50 application fee for the processing of a |
22 | | request to take the written examination for an insurance |
23 | | producer license; |
24 | | (6) an annual registration fee of $1,000 for |
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1 | | registration of an education provider; |
2 | | (7) a certification fee of $50 for each certified |
3 | | pre-licensing or continuing education course and an annual |
4 | | fee of $20 for renewing the certification of each such |
5 | | course; |
6 | | (8) a fee of $215 for a person who is a resident of |
7 | | Illinois, and $380 for a person who is not a resident of |
8 | | Illinois, payable once every 2 years for a car rental |
9 | | limited line license; |
10 | | (9) a fee of $200 payable once every 2 years for a |
11 | | limited lines license other than the licenses issued under |
12 | | items (1) through (8) of subsection (a) of Section |
13 | | 500-100, a car rental limited line license, or a |
14 | | self-service storage facility limited line license; |
15 | | (10) a fee of $50 payable once every 2 years for a |
16 | | self-service storage facility limited line license. |
17 | | (a-5) Beginning on July 1, 2021, an amount equal to the |
18 | | additional amount of revenue collected under paragraphs (1) |
19 | | and (8) of subsection (a) as a result of the increase in the |
20 | | fees under this amendatory Act of the 102nd General Assembly |
21 | | shall be transferred annually, with 10% of that amount paid |
22 | | into the State Police Law Enforcement Administration Fund |
23 | | State Police Training and Academy Fund and 90% of that amount |
24 | | paid into the Law Enforcement Training Fund. |
25 | | (b) Except as otherwise provided, all fees paid to and |
26 | | collected by the Director under this Section shall be paid |
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1 | | promptly after receipt thereof, together with a detailed |
2 | | statement of such fees, into a special fund in the State |
3 | | Treasury to be known as the Insurance Producer Administration |
4 | | Fund. The moneys deposited into the Insurance Producer |
5 | | Administration Fund may be used only for payment of the |
6 | | expenses of the Department in the execution, administration, |
7 | | and enforcement of the insurance laws of this State, and shall |
8 | | be appropriated as otherwise provided by law for the payment |
9 | | of those expenses with first priority being any expenses |
10 | | incident to or associated with the administration and |
11 | | enforcement of this Article. |
12 | | (Source: P.A. 102-16, eff. 6-17-21.) |
13 | | Section 55. The Illinois Gambling Act is amended by |
14 | | changing Sections 7.7 and 22 as follows: |
15 | | (230 ILCS 10/7.7) |
16 | | Sec. 7.7. Organization gaming licenses. |
17 | | (a) The Illinois Gaming Board shall award one organization |
18 | | gaming license to each person or entity having operating |
19 | | control of a racetrack that applies under Section 56 of the |
20 | | Illinois Horse Racing Act of 1975, subject to the application |
21 | | and eligibility requirements of this Section. Within 60 days |
22 | | after the effective date of this amendatory Act of the 101st |
23 | | General Assembly, a person or entity having operating control |
24 | | of a racetrack may submit an application for an organization |
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1 | | gaming license. The application shall be made on such forms as |
2 | | provided by the Board and shall contain such information as |
3 | | the Board prescribes, including, but not limited to, the |
4 | | identity of any racetrack at which gaming will be conducted |
5 | | pursuant to an organization gaming license, detailed |
6 | | information regarding the ownership and management of the |
7 | | applicant, and detailed personal information regarding the |
8 | | applicant. The application shall specify the number of gaming |
9 | | positions the applicant intends to use and the place where the |
10 | | organization gaming facility will operate. A person who |
11 | | knowingly makes a false statement on an application is guilty |
12 | | of a Class A misdemeanor. |
13 | | Each applicant shall disclose the identity of every person |
14 | | or entity having a direct or indirect pecuniary interest |
15 | | greater than 1% in any racetrack with respect to which the |
16 | | license is sought. If the disclosed entity is a corporation, |
17 | | the applicant shall disclose the names and addresses of all |
18 | | officers, stockholders, and directors. If the disclosed entity |
19 | | is a limited liability company, the applicant shall disclose |
20 | | the names and addresses of all members and managers. If the |
21 | | disclosed entity is a partnership, the applicant shall |
22 | | disclose the names and addresses of all partners, both general |
23 | | and limited. If the disclosed entity is a trust, the applicant |
24 | | shall disclose the names and addresses of all beneficiaries. |
25 | | An application shall be filed and considered in accordance |
26 | | with the rules of the Board. Each application for an |
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1 | | organization gaming license shall include a nonrefundable |
2 | | application fee of $250,000. In addition, a nonrefundable fee |
3 | | of $50,000 shall be paid at the time of filing to defray the |
4 | | costs associated with background investigations conducted by |
5 | | the Board. If the costs of the background investigation exceed |
6 | | $50,000, the applicant shall pay the additional amount to the |
7 | | Board within 7 days after a request by the Board. If the costs |
8 | | of the investigation are less than $50,000, the applicant |
9 | | shall receive a refund of the remaining amount. All |
10 | | information, records, interviews, reports, statements, |
11 | | memoranda, or other data supplied to or used by the Board in |
12 | | the course of this review or investigation of an applicant for |
13 | | an organization gaming license under this Act shall be |
14 | | privileged and strictly confidential and shall be used only |
15 | | for the purpose of evaluating an applicant for an organization |
16 | | gaming license or a renewal. Such information, records, |
17 | | interviews, reports, statements, memoranda, or other data |
18 | | shall not be admissible as evidence nor discoverable in any |
19 | | action of any kind in any court or before any tribunal, board, |
20 | | agency or person, except for any action deemed necessary by |
21 | | the Board. The application fee shall be deposited into the |
22 | | State Gaming Fund. |
23 | | Any applicant or key person, including the applicant's |
24 | | owners, officers, directors (if a corporation), managers and |
25 | | members (if a limited liability company), and partners (if a |
26 | | partnership), for an organization gaming license shall submit |
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1 | | with his or her application, on forms provided by the Board, 2 |
2 | | sets of have his or her fingerprints . The board shall charge |
3 | | each applicant a fee set by submitted to the Illinois State |
4 | | Police to defray the costs associated with the search and |
5 | | classification of fingerprints obtained by the Board with |
6 | | respect to the applicant's application. The fees in an |
7 | | electronic format that complies with the form and manner for |
8 | | requesting and furnishing criminal history record information |
9 | | as prescribed by the Illinois State Police. These fingerprints |
10 | | shall be checked against the Illinois State Police and Federal |
11 | | Bureau of Investigation criminal history record databases now |
12 | | and hereafter filed, including, but not limited to, civil, |
13 | | criminal, and latent fingerprint databases. The Illinois State |
14 | | Police shall charge applicants a fee for conducting the |
15 | | criminal history records check, which shall be deposited into |
16 | | the State Police Services Fund and shall not exceed the actual |
17 | | cost of the records check. The Illinois State Police shall |
18 | | furnish, pursuant to positive identification, records of |
19 | | Illinois criminal history to the Illinois State Police . |
20 | | (b) The Board shall determine within 120 days after |
21 | | receiving an application for an organization gaming license |
22 | | whether to grant an organization gaming license to the |
23 | | applicant. If the Board does not make a determination within |
24 | | that time period, then the Board shall give a written |
25 | | explanation to the applicant as to why it has not reached a |
26 | | determination and when it reasonably expects to make a |
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1 | | determination. |
2 | | The organization gaming licensee shall purchase up to the |
3 | | amount of gaming positions authorized under this Act within |
4 | | 120 days after receiving its organization gaming license. If |
5 | | an organization gaming licensee is prepared to purchase the |
6 | | gaming positions, but is temporarily prohibited from doing so |
7 | | by order of a court of competent jurisdiction or the Board, |
8 | | then the 120-day period is tolled until a resolution is |
9 | | reached. |
10 | | An organization gaming license shall authorize its holder |
11 | | to conduct gaming under this Act at its racetracks on the same |
12 | | days of the year and hours of the day that owners licenses are |
13 | | allowed to operate under approval of the Board. |
14 | | An organization gaming license and any renewal of an |
15 | | organization gaming license shall authorize gaming pursuant to |
16 | | this Section for a period of 4 years. The fee for the issuance |
17 | | or renewal of an organization gaming license shall be |
18 | | $250,000. |
19 | | All payments by licensees under this subsection (b) shall |
20 | | be deposited into the Rebuild Illinois Projects Fund. |
21 | | (c) To be eligible to conduct gaming under this Section, a |
22 | | person or entity having operating control of a racetrack must |
23 | | (i) obtain an organization gaming license, (ii) hold an |
24 | | organization license under the Illinois Horse Racing Act of |
25 | | 1975, (iii) hold an inter-track wagering license, (iv) pay an |
26 | | initial fee of $30,000 per gaming position from organization |
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1 | | gaming licensees where gaming is conducted in Cook County and, |
2 | | except as provided in subsection (c-5), $17,500 for |
3 | | organization gaming licensees where gaming is conducted |
4 | | outside of Cook County before beginning to conduct gaming plus |
5 | | make the reconciliation payment required under subsection (k), |
6 | | (v) conduct live racing in accordance with subsections (e-1), |
7 | | (e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act |
8 | | of 1975, (vi) meet the requirements of subsection (a) of |
9 | | Section 56 of the Illinois Horse Racing Act of 1975, (vii) for |
10 | | organization licensees conducting standardbred race meetings, |
11 | | keep backstretch barns and dormitories open and operational |
12 | | year-round unless a lesser schedule is mutually agreed to by |
13 | | the organization licensee and the horsemen association racing |
14 | | at that organization licensee's race meeting, (viii) for |
15 | | organization licensees conducting thoroughbred race meetings, |
16 | | the organization licensee must maintain accident medical |
17 | | expense liability insurance coverage of $1,000,000 for |
18 | | jockeys, and (ix) meet all other requirements of this Act that |
19 | | apply to owners licensees. |
20 | | An organization gaming licensee may enter into a joint |
21 | | venture with a licensed owner to own, manage, conduct, or |
22 | | otherwise operate the organization gaming licensee's |
23 | | organization gaming facilities, unless the organization gaming |
24 | | licensee has a parent company or other affiliated company that |
25 | | is, directly or indirectly, wholly owned by a parent company |
26 | | that is also licensed to conduct organization gaming, casino |
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1 | | gaming, or their equivalent in another state. |
2 | | All payments by licensees under this subsection (c) shall |
3 | | be deposited into the Rebuild Illinois Projects Fund. |
4 | | (c-5) A person or entity having operating control of a |
5 | | racetrack located in Madison County shall only pay the initial |
6 | | fees specified in subsection (c) for 540 of the gaming |
7 | | positions authorized under the license. |
8 | | (d) A person or entity is ineligible to receive an |
9 | | organization gaming license if: |
10 | | (1) the person or entity has been convicted of a |
11 | | felony under the laws of this State, any other state, or |
12 | | the United States, including a conviction under the |
13 | | Racketeer Influenced and Corrupt Organizations Act; |
14 | | (2) the person or entity has been convicted of any |
15 | | violation of Article 28 of the Criminal Code of 2012, or |
16 | | substantially similar laws of any other jurisdiction; |
17 | | (3) the person or entity has submitted an application |
18 | | for a license under this Act that contains false |
19 | | information; |
20 | | (4) the person is a member of the Board; |
21 | | (5) a person defined in (1), (2), (3), or (4) of this |
22 | | subsection (d) is an officer, director, or managerial |
23 | | employee of the entity; |
24 | | (6) the person or entity employs a person defined in |
25 | | (1), (2), (3), or (4) of this subsection (d) who |
26 | | participates in the management or operation of gambling |
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1 | | operations authorized under this Act; or |
2 | | (7) a license of the person or entity issued under |
3 | | this Act or a license to own or operate gambling |
4 | | facilities in any other jurisdiction has been revoked. |
5 | | (e) The Board may approve gaming positions pursuant to an |
6 | | organization gaming license statewide as provided in this |
7 | | Section. The authority to operate gaming positions under this |
8 | | Section shall be allocated as follows: up to 1,200 gaming |
9 | | positions for any organization gaming licensee in Cook County |
10 | | and up to 900 gaming positions for any organization gaming |
11 | | licensee outside of Cook County. |
12 | | (f) Each applicant for an organization gaming license |
13 | | shall specify in its application for licensure the number of |
14 | | gaming positions it will operate, up to the applicable |
15 | | limitation set forth in subsection (e) of this Section. Any |
16 | | unreserved gaming positions that are not specified shall be |
17 | | forfeited and retained by the Board. For the purposes of this |
18 | | subsection (f), an organization gaming licensee that did not |
19 | | conduct live racing in 2010 and is located within 3 miles of |
20 | | the Mississippi River may reserve up to 900 positions and |
21 | | shall not be penalized under this Section for not operating |
22 | | those positions until it meets the requirements of subsection |
23 | | (e) of this Section, but such licensee shall not request |
24 | | unreserved gaming positions under this subsection (f) until |
25 | | its 900 positions are all operational. |
26 | | Thereafter, the Board shall publish the number of |
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1 | | unreserved gaming positions and shall accept requests for |
2 | | additional positions from any organization gaming licensee |
3 | | that initially reserved all of the positions that were |
4 | | offered. The Board shall allocate expeditiously the unreserved |
5 | | gaming positions to requesting organization gaming licensees |
6 | | in a manner that maximizes revenue to the State. The Board may |
7 | | allocate any such unused gaming positions pursuant to an open |
8 | | and competitive bidding process, as provided under Section 7.5 |
9 | | of this Act. This process shall continue until all unreserved |
10 | | gaming positions have been purchased. All positions obtained |
11 | | pursuant to this process and all positions the organization |
12 | | gaming licensee specified it would operate in its application |
13 | | must be in operation within 18 months after they were obtained |
14 | | or the organization gaming licensee forfeits the right to |
15 | | operate those positions, but is not entitled to a refund of any |
16 | | fees paid. The Board may, after holding a public hearing, |
17 | | grant extensions so long as the organization gaming licensee |
18 | | is working in good faith to make the positions operational. |
19 | | The extension may be for a period of 6 months. If, after the |
20 | | period of the extension, the organization gaming licensee has |
21 | | not made the positions operational, then another public |
22 | | hearing must be held by the Board before it may grant another |
23 | | extension. |
24 | | Unreserved gaming positions retained from and allocated to |
25 | | organization gaming licensees by the Board pursuant to this |
26 | | subsection (f) shall not be allocated to owners licensees |
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1 | | under this Act. |
2 | | For the purpose of this subsection (f), the unreserved |
3 | | gaming positions for each organization gaming licensee shall |
4 | | be the applicable limitation set forth in subsection (e) of |
5 | | this Section, less the number of reserved gaming positions by |
6 | | such organization gaming licensee, and the total unreserved |
7 | | gaming positions shall be the aggregate of the unreserved |
8 | | gaming positions for all organization gaming licensees. |
9 | | (g) An organization gaming licensee is authorized to |
10 | | conduct the following at a racetrack: |
11 | | (1) slot machine gambling; |
12 | | (2) video game of chance gambling; |
13 | | (3) gambling with electronic gambling games as defined |
14 | | in this Act or defined by the Illinois Gaming Board; and |
15 | | (4) table games. |
16 | | (h) Subject to the approval of the Illinois Gaming Board, |
17 | | an organization gaming licensee may make modification or |
18 | | additions to any existing buildings and structures to comply |
19 | | with the requirements of this Act. The Illinois Gaming Board |
20 | | shall make its decision after consulting with the Illinois |
21 | | Racing Board. In no case, however, shall the Illinois Gaming |
22 | | Board approve any modification or addition that alters the |
23 | | grounds of the organization licensee such that the act of live |
24 | | racing is an ancillary activity to gaming authorized under |
25 | | this Section. Gaming authorized under this Section may take |
26 | | place in existing structures where inter-track wagering is |
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1 | | conducted at the racetrack or a facility within 300 yards of |
2 | | the racetrack in accordance with the provisions of this Act |
3 | | and the Illinois Horse Racing Act of 1975. |
4 | | (i) An organization gaming licensee may conduct gaming at |
5 | | a temporary facility pending the construction of a permanent |
6 | | facility or the remodeling or relocation of an existing |
7 | | facility to accommodate gaming participants for up to 24 |
8 | | months after the temporary facility begins to conduct gaming |
9 | | authorized under this Section. Upon request by an organization |
10 | | gaming licensee and upon a showing of good cause by the |
11 | | organization gaming licensee, the Board shall extend the |
12 | | period during which the licensee may conduct gaming authorized |
13 | | under this Section at a temporary facility by up to 12 months. |
14 | | The Board shall make rules concerning the conduct of gaming |
15 | | authorized under this Section from temporary facilities. |
16 | | The gaming authorized under this Section may take place in |
17 | | existing structures where inter-track wagering is conducted at |
18 | | the racetrack or a facility within 300 yards of the racetrack |
19 | | in accordance with the provisions of this Act and the Illinois |
20 | | Horse Racing Act of 1975. |
21 | | (i-5) Under no circumstances shall an organization gaming |
22 | | licensee conduct gaming at any State or county fair. |
23 | | (j) The Illinois Gaming Board must adopt emergency rules |
24 | | in accordance with Section 5-45 of the Illinois Administrative |
25 | | Procedure Act as necessary to ensure compliance with the |
26 | | provisions of this amendatory Act of the 101st General |
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1 | | Assembly concerning the conduct of gaming by an organization |
2 | | gaming licensee. The adoption of emergency rules authorized by |
3 | | this subsection (j) shall be deemed to be necessary for the |
4 | | public interest, safety, and welfare. |
5 | | (k) Each organization gaming licensee who obtains gaming |
6 | | positions must make a reconciliation payment 3 years after the |
7 | | date the organization gaming licensee begins operating the |
8 | | positions in an amount equal to 75% of the difference between |
9 | | its adjusted gross receipts from gaming authorized under this |
10 | | Section and amounts paid to its purse accounts pursuant to |
11 | | item (1) of subsection (b) of Section 56 of the Illinois Horse |
12 | | Racing Act of 1975 for the 12-month period for which such |
13 | | difference was the largest, minus an amount equal to the |
14 | | initial per position fee paid by the organization gaming |
15 | | licensee. If this calculation results in a negative amount, |
16 | | then the organization gaming licensee is not entitled to any |
17 | | reimbursement of fees previously paid. This reconciliation |
18 | | payment may be made in installments over a period of no more |
19 | | than 6 years. |
20 | | All payments by licensees under this subsection (k) shall |
21 | | be deposited into the Rebuild Illinois Projects Fund. |
22 | | (l) As soon as practical after a request is made by the |
23 | | Illinois Gaming Board, to minimize duplicate submissions by |
24 | | the applicant, the Illinois Racing Board must provide |
25 | | information on an applicant for an organization gaming license |
26 | | to the Illinois Gaming Board. |
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1 | | (Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19; |
2 | | 101-648, eff. 6-30-20; 102-538, eff. 8-20-21.) |
3 | | (230 ILCS 10/22) (from Ch. 120, par. 2422) |
4 | | Sec. 22. Criminal history record information. Whenever the |
5 | | Board is authorized or required by law , including, but not |
6 | | limited to, requirements under Sections 6, 7, 7.4, 7.7, and 9 |
7 | | of this Act, to consider some aspect of criminal history |
8 | | record information for the purpose of carrying out its |
9 | | statutory powers and responsibilities, the Board shall, in the |
10 | | form and manner required by the Illinois State Police and the |
11 | | Federal Bureau of Investigation, cause to be conducted a |
12 | | criminal history record investigation to obtain any |
13 | | information currently or thereafter contained in the files of |
14 | | the Illinois State Police or the Federal Bureau of |
15 | | Investigation, including, but not limited to, civil, criminal, |
16 | | and latent fingerprint databases. To facilitate this |
17 | | investigation, the Board shall direct each Each applicant for |
18 | | occupational licensing under sections 6, 7, 7.4, 7.7, and |
19 | | Section 9 or key person as defined by the Board in |
20 | | administrative rules to shall submit his or her fingerprints |
21 | | to the Illinois State Police in the form and manner prescribed |
22 | | by the Illinois State Police. These fingerprints shall be |
23 | | checked against the fingerprint records now and hereafter |
24 | | filed in the Illinois State Police and Federal Bureau of |
25 | | Investigation criminal history records databases, including, |
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1 | | but not limited to, civil, criminal, and latent fingerprint |
2 | | databases. The Illinois State Police shall charge a fee for |
3 | | conducting the criminal history records check, which shall be |
4 | | deposited in the State Police Services Fund and shall not |
5 | | exceed the actual cost of the records check. The Illinois |
6 | | State Police shall provide, on the Board's request, |
7 | | information concerning any criminal charges, and their |
8 | | disposition, currently or thereafter filed against any |
9 | | applicant, key person, or holder of any license or for |
10 | | determinations of suitability. Information obtained as a |
11 | | result of an investigation under this Section shall be used in |
12 | | determining eligibility for any license. Upon request and |
13 | | payment of fees in conformance with the requirements of |
14 | | Section 2605-400 of the Illinois State Police Law, the |
15 | | Illinois State Police is authorized to furnish, pursuant to |
16 | | positive identification, such information contained in State |
17 | | files as is necessary to fulfill the request. |
18 | | (Source: P.A. 101-597, eff. 12-6-19; 102-538, eff. 8-20-21.) |
19 | | Section 60. The Firearm Owners Identification Card Act is |
20 | | amended by changing Section 5 as follows |
21 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5) |
22 | | Sec. 5. Application and renewal. |
23 | | (a) The Illinois State Police shall either approve or deny |
24 | | all applications within 30 days from the date they are |
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1 | | received, except as provided in subsections (b) and (c), and |
2 | | every applicant found qualified under Section 8 of this Act by |
3 | | the Illinois State Police shall be entitled to a Firearm |
4 | | Owner's Identification Card upon the payment of a $10 fee and |
5 | | applicable processing fees. The processing fees shall be |
6 | | limited to charges by the State Treasurer for using the |
7 | | electronic online payment system. Any applicant who is an |
8 | | active duty member of the Armed Forces of the United States, a |
9 | | member of the Illinois National Guard, or a member of the |
10 | | Reserve Forces of the United States is exempt from the |
11 | | application fee. $5 of each fee derived from the issuance of a |
12 | | Firearm Owner's Identification Card or renewals thereof shall |
13 | | be deposited in the State Police Firearm Services Fund and $5 |
14 | | into the State Police Firearm Revocation Enforcement Fund. |
15 | | (b) Renewal applications shall be approved or denied |
16 | | within 60 business days, provided the applicant submitted his |
17 | | or her renewal application prior to the expiration of his or |
18 | | her Firearm Owner's Identification Card. If a renewal |
19 | | application has been submitted prior to the expiration date of |
20 | | the applicant's Firearm Owner's Identification Card, the |
21 | | Firearm Owner's Identification Card shall remain valid while |
22 | | the Illinois State Police processes the application, unless |
23 | | the person is subject to or becomes subject to revocation |
24 | | under this Act. The cost for a renewal application shall be $10 |
25 | | and may include applicable processing fees, which shall be |
26 | | limited to charges by the State Treasurer for using the |
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1 | | electronic online payment system, which shall be deposited |
2 | | into the State Police Firearm Services Fund. |
3 | | (c) If the Firearm Owner's Identification Card of a |
4 | | licensee under the Firearm Concealed Carry Act expires during |
5 | | the term of the licensee's concealed carry license, the |
6 | | Firearm Owner's Identification Card and the license remain |
7 | | valid and the licensee does not have to renew his or her |
8 | | Firearm Owner's Identification Card during the duration of the |
9 | | concealed carry license. Unless the Illinois State Police has |
10 | | reason to believe the licensee is no longer eligible for the |
11 | | card, the Illinois State Police may automatically renew the |
12 | | licensee's Firearm Owner's Identification Card and send a |
13 | | renewed Firearm Owner's Identification Card to the licensee. |
14 | | (d) The Illinois State Police may adopt rules concerning |
15 | | the use of voluntarily submitted fingerprints, as allowed by |
16 | | State and federal law. |
17 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
18 | | 102-813, eff. 5-13-22.) |
19 | | Section 65. The Criminal Code of 2012 is amended by |
20 | | changing Sections 29B-7 and 29B-12 as follows: |
21 | | (720 ILCS 5/29B-7) |
22 | | Sec. 29B-7. Safekeeping of seized property pending |
23 | | disposition. |
24 | | (a) If property is seized under this Article, the seizing |
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1 | | agency shall promptly conduct an inventory of the seized |
2 | | property and estimate the property's value and shall forward a |
3 | | copy of the inventory of seized property and the estimate of |
4 | | the property's value to the Director. Upon receiving notice of |
5 | | seizure, the Director may: |
6 | | (1) place the property under seal; |
7 | | (2) remove the property to a place designated by the |
8 | | Director; |
9 | | (3) keep the property in the possession of the seizing |
10 | | agency; |
11 | | (4) remove the property to a storage area for |
12 | | safekeeping or, if the property is a negotiable instrument |
13 | | or money and is not needed for evidentiary purposes, |
14 | | deposit it in an interest bearing account; |
15 | | (5) place the property under constructive seizure by |
16 | | posting notice of pending forfeiture on it, by giving |
17 | | notice of pending forfeiture to its owners and interest |
18 | | holders, or by filing notice of pending forfeiture in any |
19 | | appropriate public record relating to the property; or |
20 | | (6) provide for another agency or custodian, including |
21 | | an owner, secured party, or lienholder, to take custody of |
22 | | the property upon the terms and conditions set by the |
23 | | Director. |
24 | | (b) When property is forfeited under this Article, the |
25 | | Director or the Director's designee shall sell all the |
26 | | property unless the property is required by law to be |
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1 | | destroyed or is harmful to the public and shall distribute the |
2 | | proceeds of the sale, together with any moneys forfeited or |
3 | | seized, under Section 29B-26 of this Article. |
4 | | (Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
5 | | (720 ILCS 5/29B-12) |
6 | | Sec. 29B-12. Non-judicial forfeiture. If non-real |
7 | | property that exceeds $20,000 in value excluding the value of |
8 | | any conveyance, or if real property is seized under the |
9 | | provisions of this Article, the State's Attorney shall |
10 | | institute judicial in rem forfeiture proceedings as described |
11 | | in Section 29B-13 of this Article within 28 days from receipt |
12 | | of notice of seizure from the seizing agency under Section |
13 | | 29B-8 of this Article. However, if non-real property that does |
14 | | not exceed $20,000 in value excluding the value of any |
15 | | conveyance is seized, the following procedure shall be used: |
16 | | (1) If, after review of the facts surrounding the |
17 | | seizure, the State's Attorney is of the opinion that the |
18 | | seized property is subject to forfeiture, then, within 28 |
19 | | days after the receipt of notice of seizure from the |
20 | | seizing agency, the State's Attorney shall cause notice of |
21 | | pending forfeiture to be given to the owner of the |
22 | | property and all known interest holders of the property in |
23 | | accordance with Section 29B-10 of this Article. |
24 | | (2) The notice of pending forfeiture shall include a |
25 | | description of the property, the estimated value of the |
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1 | | property, the date and place of seizure, the conduct |
2 | | giving rise to forfeiture or the violation of law alleged, |
3 | | and a summary of procedures and procedural rights |
4 | | applicable to the forfeiture action. |
5 | | (3)(A) Any person claiming an interest in property |
6 | | that is the subject of notice under paragraph (1) of this |
7 | | Section, must, in order to preserve any rights or claims |
8 | | to the property, within 45 days after the effective date |
9 | | of notice as described in Section 29B-10 of this Article, |
10 | | file a verified claim with the State's Attorney expressing |
11 | | his or her interest in the property. The claim shall set |
12 | | forth: |
13 | | (i) the caption of the proceedings as set forth on |
14 | | the notice of pending forfeiture and the name of the |
15 | | claimant; |
16 | | (ii) the address at which the claimant will accept |
17 | | mail; |
18 | | (iii) the nature and extent of the claimant's |
19 | | interest in the property; |
20 | | (iv) the date, identity of the transferor, and |
21 | | circumstances of the claimant's acquisition of the |
22 | | interest in the property; |
23 | | (v) the names and addresses of all other persons |
24 | | known to have an interest in the property; |
25 | | (vi) the specific provision of law relied on in |
26 | | asserting the property is not subject to forfeiture; |
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1 | | (vii) all essential facts supporting each |
2 | | assertion; and |
3 | | (viii) the relief sought. |
4 | | (B) If a claimant files the claim, then the State's |
5 | | Attorney shall institute judicial in rem forfeiture |
6 | | proceedings with the clerk of the court as described in |
7 | | Section 29B-13 of this Article within 28 days after |
8 | | receipt of the claim. |
9 | | (4) If no claim is filed within the 28-day period as |
10 | | described in paragraph (3) of this Section, the State's |
11 | | Attorney shall declare the property forfeited and shall |
12 | | promptly notify the owner and all known interest holders |
13 | | of the property and the Director of the Illinois State |
14 | | Police of the declaration of forfeiture and the Director |
15 | | or the Director's designee shall dispose of the property |
16 | | in accordance with law. |
17 | | (Source: P.A. 102-538, eff. 8-20-21.) |
18 | | Section 70. The Drug Asset Forfeiture Procedure Act is |
19 | | amended by changing Section 6 as follows: |
20 | | (725 ILCS 150/6) (from Ch. 56 1/2, par. 1676) |
21 | | Sec. 6. Non-judicial forfeiture. If non-real property that |
22 | | exceeds $150,000 in value excluding the value of any |
23 | | conveyance, or if real property is seized under the provisions |
24 | | of the Illinois Controlled Substances Act, the Cannabis |
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1 | | Control Act, or the Methamphetamine Control and Community |
2 | | Protection Act, the State's Attorney shall institute judicial |
3 | | in rem forfeiture proceedings as described in Section 9 of |
4 | | this Act within 28 days from receipt of notice of seizure from |
5 | | the seizing agency under Section 5 of this Act. However, if |
6 | | non-real property that does not exceed $150,000 in value |
7 | | excluding the value of any conveyance is seized, the following |
8 | | procedure shall be used: |
9 | | (A) If, after review of the facts surrounding the |
10 | | seizure, the State's Attorney is of the opinion that the |
11 | | seized property is subject to forfeiture, then, within 28 |
12 | | days of the receipt of notice of seizure from the seizing |
13 | | agency, the State's Attorney shall cause notice of pending |
14 | | forfeiture to be given to the owner of the property and all |
15 | | known interest holders of the property in accordance with |
16 | | Section 4 of this Act. |
17 | | (B) The notice of pending forfeiture must include a |
18 | | description of the property, the estimated value of the |
19 | | property, the date and place of seizure, the conduct |
20 | | giving rise to forfeiture or the violation of law alleged, |
21 | | and a summary of procedures and procedural rights |
22 | | applicable to the forfeiture action. |
23 | | (C)(1) Any person claiming an interest in property |
24 | | which is the subject of notice under subsection (A) of |
25 | | this Section may, within 45 days after the effective date |
26 | | of notice as described in Section 4 of this Act, file a |
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1 | | verified claim with the State's Attorney expressing his or |
2 | | her interest in the property. The claim must set forth: |
3 | | (i) the caption of the proceedings as set forth on |
4 | | the notice of pending forfeiture and the name of the |
5 | | claimant; |
6 | | (ii) the address at which the claimant will accept |
7 | | mail; |
8 | | (iii) the nature and extent of the claimant's |
9 | | interest in the property; |
10 | | (iv) the date, identity of the transferor, and |
11 | | circumstances of the claimant's acquisition of the |
12 | | interest in the property; |
13 | | (v) the names and addresses of all other persons |
14 | | known to have an interest in the property; |
15 | | (vi) the specific provision of law relied on in |
16 | | asserting the property is not subject to forfeiture; |
17 | | (vii) all essential facts supporting each |
18 | | assertion; and |
19 | | (viii) the relief sought. |
20 | | (2) If a claimant files the claim then the State's |
21 | | Attorney shall institute judicial in rem forfeiture |
22 | | proceedings within 28 days after receipt of the claim. |
23 | | (D) If no claim is filed within the 45-day period as |
24 | | described in subsection (C) of this Section, the State's |
25 | | Attorney shall declare the property forfeited and shall |
26 | | promptly notify the owner and all known interest holders |
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1 | | of the property and the Director of the Illinois State |
2 | | Police of the declaration of forfeiture and the Director |
3 | | or the Director's designee shall dispose of the property |
4 | | in accordance with law. |
5 | | (Source: P.A. 102-538, eff. 8-20-21.) |
6 | | Section 75. The Unified Code of Corrections is amended by |
7 | | changing Section 5-5.5-5 as follows: |
8 | | (730 ILCS 5/5-5.5-5) |
9 | | Sec. 5-5.5-5. Definition. In this Article, "eligible |
10 | | offender" means a person who has been convicted of a crime in |
11 | | this State or of an offense in any other jurisdiction that does |
12 | | not include any offense or attempted offense that would |
13 | | subject a person to registration under the Sex Offender |
14 | | Registration Act, Arsonist Registry Act the Arsonist |
15 | | Registration Act , or the Murderer and Violent Offender Against |
16 | | Youth Registration Act. "Eligible offender" does not include a |
17 | | person who has been convicted of arson, aggravated arson, |
18 | | kidnapping, aggravated kidnaping, aggravated driving under the |
19 | | influence of alcohol, other drug or drugs, or intoxicating |
20 | | compound or compounds, or any combination thereof, or |
21 | | aggravated domestic battery. |
22 | | (Source: P.A. 99-381, eff. 1-1-16; 99-642, eff. 7-28-16.) |
23 | | Section 80. The Arsonist Registration Act is amended by |
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1 | | changing Sections 1, 5, 10, 15, 60, and 75 as follows: |
2 | | (730 ILCS 148/1) |
3 | | Sec. 1. Short title. This Act may be cited as the Arsonist |
4 | | Registry Registration Act. |
5 | | (Source: P.A. 93-949, eff. 1-1-05.) |
6 | | (730 ILCS 148/5) |
7 | | Sec. 5. Definitions. In this Act: |
8 | | (a) "Arsonist" means any person who is: |
9 | | (1) charged under Illinois law, or any substantially |
10 | | similar federal, Uniform Code of Military Justice, sister |
11 | | state, or foreign country law, with an arson offense, set |
12 | | forth in subsection (b) of this Section or the attempt to |
13 | | commit an included arson offense, and: |
14 | | (i) is convicted of such offense or an attempt to |
15 | | commit such offense; or |
16 | | (ii) is found not guilty by reason of insanity of |
17 | | such offense or an attempt to commit such offense; or |
18 | | (iii) is found not guilty by reason of insanity |
19 | | under subsection (c) of Section 104-25 of the Code of |
20 | | Criminal Procedure of 1963 of such offense or an |
21 | | attempt to commit such offense; or |
22 | | (iv) is the subject of a finding not resulting in |
23 | | an acquittal at a hearing conducted under subsection |
24 | | (a) of Section 104-25 of the Code of Criminal |
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1 | | Procedure of 1963 for the alleged commission or |
2 | | attempted commission of such offense; or |
3 | | (v) is found not guilty by reason of insanity |
4 | | following a hearing conducted under a federal, Uniform |
5 | | Code of Military Justice, sister state, or foreign |
6 | | country law substantially similar to subsection (c) of |
7 | | Section 104-25 of the Code of Criminal Procedure of |
8 | | 1963 of such offense or of the attempted commission of |
9 | | such offense; or |
10 | | (vi) is the subject of a finding not resulting in |
11 | | an acquittal at a hearing conducted under a federal, |
12 | | Uniform Code of Military Justice, sister state, or |
13 | | foreign country law substantially similar to |
14 | | subsection (a) of Section 104-25 of the Code of |
15 | | Criminal Procedure of 1963 for the alleged violation |
16 | | or attempted commission of such offense; |
17 | | (2) a minor who has been tried and convicted in an |
18 | | adult criminal prosecution as the result of committing or |
19 | | attempting to commit an offense specified in subsection |
20 | | (b) of this Section or a violation of any substantially |
21 | | similar federal, Uniform Code of Military Justice, sister |
22 | | state, or foreign country law. Convictions that result |
23 | | from or are connected with the same act, or result from |
24 | | offenses committed at the same time, shall be counted for |
25 | | the purpose of this Act as one conviction. Any conviction |
26 | | set aside under law is not a conviction for purposes of |
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1 | | this Act. |
2 | | (b) "Arson offense" means: |
3 | | (1) A conviction violation of any of the following |
4 | | Sections of the Criminal Code of 1961 or the Criminal Code |
5 | | of 2012: |
6 | | (i) 20-1 (arson; residential arson; place of |
7 | | worship arson), |
8 | | (ii) 20-1.1 (aggravated arson), |
9 | | (iii) 20-1(b) or 20-1.2 (residential arson), |
10 | | (iv) 20-1(b-5) or 20-1.3 (place of worship arson), |
11 | | (v) 20-2 (possession of explosives or explosive or |
12 | | incendiary devices), or |
13 | | (vi) An attempt to commit any of the offenses |
14 | | listed in clauses (i) through (v). |
15 | | (2) A violation of any former law of this State |
16 | | substantially equivalent to any offense listed in |
17 | | subsection (b) of this Section. |
18 | | (c) A conviction for an offense of federal law, Uniform |
19 | | Code of Military Justice, or the law of another state or a |
20 | | foreign country that is substantially equivalent to any |
21 | | offense listed in subsection (b) of this Section shall |
22 | | constitute a conviction for the purpose of this Act. |
23 | | (d) "Law enforcement agency having jurisdiction" means the |
24 | | Chief of Police in each of the municipalities in which the |
25 | | arsonist expects to reside, work, or attend school (1) upon |
26 | | his or her discharge, parole or release or (2) during the |
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1 | | service of his or her sentence of probation or conditional |
2 | | discharge, or the Sheriff of the county, in the event no Police |
3 | | Chief exists or if the offender intends to reside, work, or |
4 | | attend school in an unincorporated area. "Law enforcement |
5 | | agency having jurisdiction" includes the location where |
6 | | out-of-state students attend school and where out-of-state |
7 | | employees are employed or are otherwise required to register. |
8 | | (e) "Out-of-state student" means any arsonist, as defined |
9 | | in this Section, who is enrolled in Illinois, on a full-time or |
10 | | part-time basis, in any public or private educational |
11 | | institution, including, but not limited to, any secondary |
12 | | school, trade or professional institution, or institution of |
13 | | higher learning. |
14 | | (f) "Out-of-state employee" means any arsonist, as defined |
15 | | in this Section, who works in Illinois, regardless of whether |
16 | | the individual receives payment for services performed, for a |
17 | | period of time of 10 or more days or for an aggregate period of |
18 | | time of 30 or more days during any calendar year. Persons who |
19 | | operate motor vehicles in the State accrue one day of |
20 | | employment time for any portion of a day spent in Illinois. |
21 | | (g) "I-CLEAR" means the Illinois Citizens and Law |
22 | | Enforcement Analysis and Reporting System. |
23 | | (Source: P.A. 99-78, eff. 7-20-15.) |
24 | | (730 ILCS 148/10) |
25 | | Sec. 10. Statewide Arsonist Database Duty to register . |
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1 | | (a) The Illinois State Police shall establish and maintain |
2 | | a Statewide Arsonist Database for the purpose of identifying |
3 | | arsonists and making that information available to law |
4 | | enforcement and the general public. For every person convicted |
5 | | of a violation of an arson offense on or after the effective |
6 | | date of this amendatory Act of the 103rd General Assembly, the |
7 | | Statewide Arsonist Database shall contain information relating |
8 | | to each arsonist for a period of 10 years after conviction for |
9 | | an arson offense. The information may include the arsonist's |
10 | | name, date of birth, offense or offenses requiring inclusion |
11 | | in the Statewide Arsonist Database, the conviction date and |
12 | | county of each such offense, and such other identifying |
13 | | information as the Illinois State Police deems necessary to |
14 | | identify the arsonist, but shall not include the social |
15 | | security number of the arsonist. The registry may include a |
16 | | photograph of the arsonist. |
17 | | (b) The Illinois State Police may adopt rules in |
18 | | accordance with the Illinois Administrative Procedure Act to |
19 | | implement this Section and those rules must include procedures |
20 | | to ensure that the information in the database is accurate, |
21 | | and that the information in the database reflects any changes |
22 | | based on the reversal of a conviction for an offense requiring |
23 | | inclusion in the Statewide Arsonist Database, or a court order |
24 | | requiring the sealing or expungement of records relating to |
25 | | the offense. A certified copy of such an order shall be deemed |
26 | | prima facie true and correct and shall be sufficient to |
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1 | | require the immediate amendment or removal of any person's |
2 | | information from the Statewide Arsonist Database by the |
3 | | Illinois State Police. |
4 | | (c) The Illinois State Police must have the Statewide |
5 | | Arsonist Database created and ready to comply with the |
6 | | requirements of this Section no later than July 1, 2025. An |
7 | | arsonist shall, within the time period prescribed in |
8 | | subsections (b) and (c), register in person and provide |
9 | | accurate information as required by the Illinois State Police. |
10 | | Such information shall include current address, current place |
11 | | of employment, and school attended. The arsonist shall |
12 | | register: |
13 | | (1) with the chief of police in each of the |
14 | | municipalities in which he or she attends school, is |
15 | | employed, resides or is temporarily domiciled for a period |
16 | | of time of 10 or more days, unless the municipality is the |
17 | | City of Chicago, in which case he or she shall register at |
18 | | a fixed location designated by the Superintendent of the |
19 | | Chicago Police Department; or |
20 | | (2) with the sheriff in each of the counties in which |
21 | | he or she attends school, is employed, resides or is |
22 | | temporarily domiciled in an unincorporated area or, if |
23 | | incorporated, no police chief exists. For purposes of this |
24 | | Act, the place of residence or temporary domicile is |
25 | | defined as any and all places where the arsonist resides |
26 | | for an aggregate period of time of 10 or more days during |
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1 | | any calendar year. The arsonist shall provide accurate |
2 | | information as required by the Illinois State Police. That |
3 | | information shall include the arsonist's current place of |
4 | | employment. |
5 | | (a-5) An out-of-state student or out-of-state employee |
6 | | shall, within 10 days after beginning school or employment in |
7 | | this State, register in person and provide accurate |
8 | | information as required by the Illinois State Police. Such |
9 | | information must include current place of employment, school |
10 | | attended, and address in state of residence: |
11 | | (1) with the chief of police in each of the |
12 | | municipalities in which he or she attends school or is |
13 | | employed for a period of time of 10 or more days or for an |
14 | | aggregate period of time of more than 30 days during any |
15 | | calendar year, unless the municipality is the City of |
16 | | Chicago, in which case he or she shall register at a fixed |
17 | | location designated by the Superintendent of the Chicago |
18 | | Police Department; or |
19 | | (2) with the sheriff in each of the counties in which |
20 | | he or she attends school or is employed for a period of |
21 | | time of 10 or more days or for an aggregate period of time |
22 | | of more than 30 days during any calendar year in an |
23 | | unincorporated area or, if incorporated, no police chief |
24 | | exists. The out-of-state student or out-of-state employee |
25 | | shall provide accurate information as required by the |
26 | | Illinois State Police. That information shall include the |
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1 | | out-of-state student's current place of school attendance |
2 | | or the out-of-state employee's current place of |
3 | | employment. |
4 | | (b) An arsonist as defined in Section 5 of this Act, |
5 | | regardless of any initial, prior, or other registration, |
6 | | shall, within 10 days of beginning school, or establishing a |
7 | | residence, place of employment, or temporary domicile in any |
8 | | county, register in person as set forth in subsection (a) or |
9 | | (a-5). |
10 | | (c) The registration for any person required to register |
11 | | under this Act shall be as follows: |
12 | | (1) Except as provided in paragraph (3) of this |
13 | | subsection (c), any person who has not been notified of |
14 | | his or her responsibility to register shall be notified by |
15 | | a criminal justice entity of his or her responsibility to |
16 | | register. Upon notification the person must then register |
17 | | within 10 days of notification of his or her requirement |
18 | | to register. If notification is not made within the |
19 | | offender's 10 year registration requirement, and the |
20 | | Illinois State Police determines no evidence exists or |
21 | | indicates the offender attempted to avoid registration, |
22 | | the offender will no longer be required to register under |
23 | | this Act. |
24 | | (2) Except as provided in paragraph (3) of this |
25 | | subsection (c), any person convicted on or after the |
26 | | effective date of this Act shall register in person within |
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1 | | 10 days after the entry of the sentencing order based upon |
2 | | his or her conviction. |
3 | | (3) Any person unable to comply with the registration |
4 | | requirements of this Act because he or she is confined, |
5 | | institutionalized, or imprisoned in Illinois on or after |
6 | | the effective date of this Act shall register in person |
7 | | within 10 days of discharge, parole or release. |
8 | | (4) The person shall provide positive identification |
9 | | and documentation that substantiates proof of residence at |
10 | | the registering address. |
11 | | (5) The person shall pay a $10 initial registration |
12 | | fee and a $5 annual renewal fee. The fees shall be used by |
13 | | the registering agency for official purposes. The agency |
14 | | shall establish procedures to document receipt and use of |
15 | | the funds. The law enforcement agency having jurisdiction |
16 | | may waive the registration fee if it determines that the |
17 | | person is indigent and unable to pay the registration fee. |
18 | | (d) Within 10 days after obtaining or changing employment, |
19 | | a person required to register under this Section must report, |
20 | | in person or in writing to the law enforcement agency having |
21 | | jurisdiction, the business name and address where he or she is |
22 | | employed. If the person has multiple businesses or work |
23 | | locations, every business and work location must be reported |
24 | | to the law enforcement agency having jurisdiction. |
25 | | (Source: P.A. 102-538, eff. 8-20-21.) |
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1 | | (730 ILCS 148/15) |
2 | | Sec. 15. Conviction information Discharge of arsonist from |
3 | | penal institution . |
4 | | (a) Within 60 days after the effective date of this |
5 | | amendatory Act of the 103rd General Assembly, each circuit |
6 | | clerk shall forward monthly to the Illinois State Police a |
7 | | copy of the judgment for each and all persons convicted of an |
8 | | offense within the definition of arson offense, as defined in |
9 | | Section 5 of this Act, during the previous month. |
10 | | (b) Within 120 days after the effective date of this |
11 | | amendatory Act of the 103rd General Assembly, the Director of |
12 | | Corrections shall forward to the Illinois State Police a list |
13 | | of all persons incarcerated or on mandatory supervised |
14 | | release, who have been convicted of an offense within the |
15 | | definition of arson offense, as defined in Section 5 of this |
16 | | Act. Any arsonist who is discharged, paroled or released from |
17 | | a Department of Corrections facility, a facility where such |
18 | | person was placed by the Department of Corrections or another |
19 | | penal institution, and whose liability for registration has |
20 | | not terminated under Section 45 shall, within 10 days prior to |
21 | | discharge, parole, or release from the facility or |
22 | | institution, be informed of his or her duty to register in |
23 | | person under this Act by the facility or institution in which |
24 | | he or she was confined. The facility or institution shall also |
25 | | inform any person who must register that if he or she |
26 | | establishes a residence outside of the State of Illinois, is |
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1 | | employed outside of the State of Illinois, or attends school |
2 | | outside of the State of Illinois, he or she must register in |
3 | | the new state within 10 days after establishing the residence, |
4 | | beginning employment, or beginning school. The facility shall |
5 | | require the person to read and sign such form as may be |
6 | | required by the Illinois State Police stating that the duty to |
7 | | register and the procedure for registration has been explained |
8 | | to him or her and that he or she understands the duty to |
9 | | register and the procedure for registration. The facility |
10 | | shall further advise the person in writing that the failure to |
11 | | register or other violation of this Act shall result in |
12 | | revocation of parole, mandatory supervised release or |
13 | | conditional release. The facility shall obtain information |
14 | | about where the person expects to reside, work, and attend |
15 | | school upon his or her discharge, parole or release and shall |
16 | | report the information to the Illinois State Police. The |
17 | | facility shall give one copy of the form to the person and |
18 | | shall send one copy to each of the law enforcement agencies |
19 | | having jurisdiction where the person expects to reside, work, |
20 | | and attend school upon his or her discharge, parole or release |
21 | | and retain one copy for the files. Electronic data files that |
22 | | include all notification form information and photographs of |
23 | | arsonists being released from an Illinois Department of |
24 | | Corrections facility shall be shared on a regular basis as |
25 | | determined between the Illinois State Police and the |
26 | | Department of Corrections. |
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1 | | (Source: P.A. 102-538, eff. 8-20-21.) |
2 | | (730 ILCS 148/60) |
3 | | Sec. 60. Public inspection of registry registration data . |
4 | | (a) Except as otherwise provided in subsection (b), the |
5 | | statements or any other information required by this Act shall |
6 | | not be open to inspection by the public, or by any person other |
7 | | than by a law enforcement officer or other individual as may be |
8 | | authorized by law and shall include law enforcement agencies |
9 | | of this State, any other state, or of the federal government. |
10 | | Similar information may be requested from any law enforcement |
11 | | agency of another state or of the federal government for |
12 | | purposes of this Act. It is a Class B misdemeanor to permit the |
13 | | unauthorized release of any information required by this Act. |
14 | | (b) The Illinois State Police shall furnish to the Office |
15 | | of the State Fire Marshal the registry registration |
16 | | information concerning persons covered who are required to |
17 | | register under this Act. The Office of the State Fire Marshal |
18 | | shall establish and maintain a Statewide Arsonist Database for |
19 | | the purpose of making that information available to the public |
20 | | on the Internet by means of a hyperlink labeled "Arsonist |
21 | | Information" on the Office of the State Fire Marshal's |
22 | | website. |
23 | | (Source: P.A. 102-538, eff. 8-20-21.) |
24 | | (730 ILCS 148/75) |
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1 | | Sec. 75. Access to State of Illinois databases. The |
2 | | Illinois State Police shall have access to State of Illinois |
3 | | databases containing information that may help in the |
4 | | identification or location of persons covered required to |
5 | | register under this Act. Interagency agreements shall be |
6 | | implemented, consistent with security and procedures |
7 | | established by the State agency and consistent with the laws |
8 | | governing the confidentiality of the information in the |
9 | | databases. Information shall be used only for administration |
10 | | of this Act. |
11 | | (Source: P.A. 102-538, eff. 8-20-21.) |
12 | | (730 ILCS 148/20 rep.) |
13 | | (730 ILCS 148/25 rep.) |
14 | | (730 ILCS 148/30 rep.) |
15 | | (730 ILCS 148/35 rep.) |
16 | | (730 ILCS 148/40 rep.) |
17 | | (730 ILCS 148/45 rep.) |
18 | | (730 ILCS 148/50 rep.) |
19 | | (730 ILCS 148/55 rep.) |
20 | | (730 ILCS 148/65 rep.) |
21 | | (730 ILCS 148/70 rep.) |
22 | | (730 ILCS 148/80 rep.) |
23 | | Section 85. The Arsonist Registration Act is amended by |
24 | | repealing Sections 20, 25, 30, 35, 40, 45, 50, 55, 65, 70, and |
25 | | 80. |
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1 | | Section 90. The Code of Civil Procedure is amended by |
2 | | changing Sections 21-101 and 21-102 as follows: |
3 | | (735 ILCS 5/21-101) (from Ch. 110, par. 21-101) |
4 | | Sec. 21-101. Proceedings; parties. |
5 | | (a) If any person who is a resident of this State and has |
6 | | resided in this State for 6 months desires to change his or her |
7 | | name and to assume another name by which to be afterwards |
8 | | called and known, the person may file a petition requesting |
9 | | that relief in the circuit court of the county wherein he or |
10 | | she resides. |
11 | | (b) A person who has been convicted of any offense for |
12 | | which a person is required to register under the Sex Offender |
13 | | Registration Act, the Murderer and Violent Offender Against |
14 | | Youth Registration Act, or the Arsonist Registry Act Arsonist |
15 | | Registration Act in this State or any other state and who has |
16 | | not been pardoned is not permitted to file a petition for a |
17 | | name change in the courts of this State during the period that |
18 | | the person is required to register, unless that person |
19 | | verifies under oath, as provided under Section 1-109, that the |
20 | | petition for the name change is due to marriage, religious |
21 | | beliefs, status as a victim of trafficking or gender-related |
22 | | identity as defined by the Illinois Human Rights Act. A judge |
23 | | may grant or deny the request for legal name change filed by |
24 | | such persons. Any such persons granted a legal name change |
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1 | | shall report the change to the law enforcement agency having |
2 | | jurisdiction of their current registration pursuant to the |
3 | | Duty to Report requirements specified in Section 35 of the |
4 | | Arsonist Registration Act, Section 20 of the Murderer and |
5 | | Violent Offender Against Youth Registration Act , and Section 6 |
6 | | of the Sex Offender Registration Act. For the purposes of this |
7 | | subsection, a person will not face a felony charge if the |
8 | | person's request for legal name change is denied without proof |
9 | | of perjury. |
10 | | (b-1) A person who has been convicted of a felony offense |
11 | | in this State or any other state and whose sentence has not |
12 | | been completed, terminated, or discharged is not permitted to |
13 | | file a petition for a name change in the courts of this State |
14 | | unless that person is pardoned for the offense. |
15 | | (c) A petitioner may include his or her spouse and adult |
16 | | unmarried children, with their consent, and his or her minor |
17 | | children where it appears to the court that it is for their |
18 | | best interest, in the petition and relief requested, and the |
19 | | court's order shall then include the spouse and children. |
20 | | Whenever any minor has resided in the family of any person for |
21 | | the space of 3 years and has been recognized and known as an |
22 | | adopted child in the family of that person, the application |
23 | | herein provided for may be made by the person having that minor |
24 | | in his or her family. |
25 | | An order shall be entered as to a minor only if the court |
26 | | finds by clear and convincing evidence that the change is |
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1 | | necessary to serve the best interest of the child. In |
2 | | determining the best interest of a minor child under this |
3 | | Section, the court shall consider all relevant factors, |
4 | | including: |
5 | | (1) The wishes of the child's parents and any person |
6 | | acting as a parent who has physical custody of the child. |
7 | | (2) The wishes of the child and the reasons for those |
8 | | wishes. The court may interview the child in chambers to |
9 | | ascertain the child's wishes with respect to the change of |
10 | | name. Counsel shall be present at the interview unless |
11 | | otherwise agreed upon by the parties. The court shall |
12 | | cause a court reporter to be present who shall make a |
13 | | complete record of the interview instantaneously to be |
14 | | part of the record in the case. |
15 | | (3) The interaction and interrelationship of the child |
16 | | with his or her parents or persons acting as parents who |
17 | | have physical custody of the child, step-parents, |
18 | | siblings, step-siblings, or any other person who may |
19 | | significantly affect the child's best interest. |
20 | | (4) The child's adjustment to his or her home, school, |
21 | | and community. |
22 | | (d) If it appears to the court that the conditions and |
23 | | requirements under this Article have been complied with and |
24 | | that there is no reason why the relief requested should not be |
25 | | granted, the court, by an order to be entered of record, may |
26 | | direct and provide that the name of that person be changed in |
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1 | | accordance with the relief requested in the petition. If the |
2 | | circuit court orders that a name change be granted to a person |
3 | | who has been adjudicated or convicted of a felony or |
4 | | misdemeanor offense under the laws of this State or any other |
5 | | state for which a pardon has not been granted, or has an arrest |
6 | | for which a charge has not been filed or a pending charge on a |
7 | | felony or misdemeanor offense, a copy of the order, including |
8 | | a copy of each applicable access and review response, shall be |
9 | | forwarded to the Illinois State Police. The Illinois State |
10 | | Police shall update any criminal history transcript or |
11 | | offender registration of each person 18 years of age or older |
12 | | in the order to include the change of name as well as his or |
13 | | her former name. |
14 | | (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; |
15 | | revised 12-15-23.) |
16 | | (735 ILCS 5/21-102) (from Ch. 110, par. 21-102) |
17 | | Sec. 21-102. Petition; update criminal history transcript. |
18 | | (a) The petition shall be a statewide standardized form |
19 | | approved by the Illinois Supreme Court and shall set forth the |
20 | | name then held, the name sought to be assumed, the residence of |
21 | | the petitioner, the length of time the petitioner has resided |
22 | | in this State, and the state or country of the petitioner's |
23 | | nativity or supposed nativity. The petition shall include a |
24 | | statement, verified under oath as provided under Section 1-109 |
25 | | of this Code, whether or not the petitioner or any other person |
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1 | | 18 years of age or older who will be subject to a change of |
2 | | name under the petition if granted: (1) has been adjudicated |
3 | | or convicted of a felony or misdemeanor offense under the laws |
4 | | of this State or any other state for which a pardon has not |
5 | | been granted; or (2) has an arrest for which a charge has not |
6 | | been filed or a pending charge on a felony or misdemeanor |
7 | | offense. The petition shall be signed by the person |
8 | | petitioning or, in case of minors, by the parent or guardian |
9 | | having the legal custody of the minor. |
10 | | (b) If the statement provided under subsection (a) of this |
11 | | Section indicates the petitioner or any other person 18 years |
12 | | of age or older who will be subject to a change of name under |
13 | | the petition, if granted, has been adjudicated or convicted of |
14 | | a felony or misdemeanor offense under the laws of this State or |
15 | | any other state for which a pardon has not been granted, or has |
16 | | an arrest for which a charge has not been filed or a pending |
17 | | charge on a felony or misdemeanor offense, the State's |
18 | | Attorney may request the court to or the court may on its own |
19 | | motion, require the person, prior to a hearing on the |
20 | | petition, to initiate an update of his or her criminal history |
21 | | transcript with the Illinois State Police. The Illinois State |
22 | | Police Department shall allow a person to use the Access and |
23 | | Review process, established by rule in the Illinois State |
24 | | Police Department , for this purpose. Upon completion of the |
25 | | update of the criminal history transcript, the petitioner |
26 | | shall file confirmation of each update with the court, which |
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1 | | shall seal the records from disclosure outside of court |
2 | | proceedings on the petition. |
3 | | (c) Any petition filed under subsection (a) shall include |
4 | | the following: "WARNING: If you are required to register under |
5 | | the Sex Offender Registration Act, the Murderer and Violent |
6 | | Offender Against Youth Registration Act, or the Arsonist |
7 | | Registry Act Arsonist Registration Act in this State or a |
8 | | similar law in any other state and have not been pardoned, you |
9 | | will be committing a felony under those respective Acts by |
10 | | seeking a change of name during the registration period UNLESS |
11 | | your request for legal name change is due to marriage, |
12 | | religious beliefs, status as a victim of trafficking or gender |
13 | | related identity as defined by the Illinois Human Rights |
14 | | Act.". |
15 | | (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; |
16 | | revised 12-15-23.) |
17 | | Section 99. Effective date. This Act takes effect July 1, |
18 | | 2024.". |