103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3955

 

Introduced 5/17/2024, by Sen. Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7.5
20 ILCS 2605/2605-200  was 20 ILCS 2605/55a in part
20 ILCS 2630/5.2
50 ILCS 705/10.25 new
725 ILCS 5/107-17 new
735 ILCS 5/8-802.4 new

    Amends the Illinois State Police Law of the Civil Administrative Code of Illinois and the Illinois Police Training Act. Defines "gender-affirming care" and "reproductive health care". Provides that, notwithstanding any other provision of law, records maintained by the Illinois State Police or a law enforcement agency that contain any reference to reproductive health care or gender-affirming care shall be redacted to exclude the references to reproductive health care and gender-affirming care upon inspection and copying when inspection and copying is otherwise allowed by law. Amends the Freedom of Information Act to make a conforming change. Amends the Code of Criminal Procedure of 1963 and the Code of Civil Procedure. Provides that, if a document filed during a criminal or civil proceeding that contains any reference to reproductive health care or gender-affirming care, the document, including court records, shall be filed under seal and remain under seal unless the court orders otherwise, or, if not filed under seal, a document that references reproductive health care or gender-affirming care must be redacted before being filed. Requires, upon final disposition of a case involving documents described under the provisions, the entire court file to be immediately sealed, and, after immediate sealing, the case file only may be made available to the public by court order unsealing the records as otherwise provided by law and only with any reference to reproductive health care or gender-affirming care redacted. Includes procedures relating to the immediate sealing of the records, including modification of immediate sealing procedures under the Criminal Identification Act. Allows parties to access the unredacted filings or files with a protective order. Effective immediately.


LRB103 40770 AWJ 73604 b

 

 

A BILL FOR

 

SB3955LRB103 40770 AWJ 73604 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    (Text of Section before amendment by P.A. 103-472)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other
20    records prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of

 

 

SB3955- 2 -LRB103 40770 AWJ 73604 b

1    Public Health and its authorized representatives relating
2    to known or suspected cases of sexually transmissible
3    disease or any information the disclosure of which is
4    restricted under the Illinois Sexually Transmissible
5    Disease Control Act.
6        (e) Information the disclosure of which is exempted
7    under Section 30 of the Radon Industry Licensing Act.
8        (f) Firm performance evaluations under Section 55 of
9    the Architectural, Engineering, and Land Surveying
10    Qualifications Based Selection Act.
11        (g) Information the disclosure of which is restricted
12    and exempted under Section 50 of the Illinois Prepaid
13    Tuition Act.
14        (h) Information the disclosure of which is exempted
15    under the State Officials and Employees Ethics Act, and
16    records of any lawfully created State or local inspector
17    general's office that would be exempt if created or
18    obtained by an Executive Inspector General's office under
19    that Act.
20        (i) Information contained in a local emergency energy
21    plan submitted to a municipality in accordance with a
22    local emergency energy plan ordinance that is adopted
23    under Section 11-21.5-5 of the Illinois Municipal Code.
24        (j) Information and data concerning the distribution
25    of surcharge moneys collected and remitted by carriers
26    under the Emergency Telephone System Act.

 

 

SB3955- 3 -LRB103 40770 AWJ 73604 b

1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the
16    Capital Crimes Litigation Act (repealed). This subsection
17    (n) shall apply until the conclusion of the trial of the
18    case, even if the prosecution chooses not to pursue the
19    death penalty prior to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Department of Transportation under Sections 2705-300 and

 

 

SB3955- 4 -LRB103 40770 AWJ 73604 b

1    2705-616 of the Department of Transportation Law of the
2    Civil Administrative Code of Illinois, the Regional
3    Transportation Authority under Section 2.11 of the
4    Regional Transportation Authority Act, or the St. Clair
5    County Transit District under the Bi-State Transit Safety
6    Act (repealed).
7        (q) Information prohibited from being disclosed by the
8    Personnel Record Review Act.
9        (r) Information prohibited from being disclosed by the
10    Illinois School Student Records Act.
11        (s) Information the disclosure of which is restricted
12    under Section 5-108 of the Public Utilities Act.
13        (t) (Blank).
14        (u) Records and information provided to an independent
15    team of experts under the Developmental Disability and
16    Mental Health Safety Act (also known as Brian's Law).
17        (v) Names and information of people who have applied
18    for or received Firearm Owner's Identification Cards under
19    the Firearm Owners Identification Card Act or applied for
20    or received a concealed carry license under the Firearm
21    Concealed Carry Act, unless otherwise authorized by the
22    Firearm Concealed Carry Act; and databases under the
23    Firearm Concealed Carry Act, records of the Concealed
24    Carry Licensing Review Board under the Firearm Concealed
25    Carry Act, and law enforcement agency objections under the
26    Firearm Concealed Carry Act.

 

 

SB3955- 5 -LRB103 40770 AWJ 73604 b

1        (v-5) Records of the Firearm Owner's Identification
2    Card Review Board that are exempted from disclosure under
3    Section 10 of the Firearm Owners Identification Card Act.
4        (w) Personally identifiable information which is
5    exempted from disclosure under subsection (g) of Section
6    19.1 of the Toll Highway Act.
7        (x) Information which is exempted from disclosure
8    under Section 5-1014.3 of the Counties Code or Section
9    8-11-21 of the Illinois Municipal Code.
10        (y) Confidential information under the Adult
11    Protective Services Act and its predecessor enabling
12    statute, the Elder Abuse and Neglect Act, including
13    information about the identity and administrative finding
14    against any caregiver of a verified and substantiated
15    decision of abuse, neglect, or financial exploitation of
16    an eligible adult maintained in the Registry established
17    under Section 7.5 of the Adult Protective Services Act.
18        (z) Records and information provided to a fatality
19    review team or the Illinois Fatality Review Team Advisory
20    Council under Section 15 of the Adult Protective Services
21    Act.
22        (aa) Information which is exempted from disclosure
23    under Section 2.37 of the Wildlife Code.
24        (bb) Information which is or was prohibited from
25    disclosure by the Juvenile Court Act of 1987.
26        (cc) Recordings made under the Law Enforcement

 

 

SB3955- 6 -LRB103 40770 AWJ 73604 b

1    Officer-Worn Body Camera Act, except to the extent
2    authorized under that Act.
3        (dd) Information that is prohibited from being
4    disclosed under Section 45 of the Condominium and Common
5    Interest Community Ombudsperson Act.
6        (ee) Information that is exempted from disclosure
7    under Section 30.1 of the Pharmacy Practice Act.
8        (ff) Information that is exempted from disclosure
9    under the Revised Uniform Unclaimed Property Act.
10        (gg) Information that is prohibited from being
11    disclosed under Section 7-603.5 of the Illinois Vehicle
12    Code.
13        (hh) Records that are exempt from disclosure under
14    Section 1A-16.7 of the Election Code.
15        (ii) Information which is exempted from disclosure
16    under Section 2505-800 of the Department of Revenue Law of
17    the Civil Administrative Code of Illinois.
18        (jj) Information and reports that are required to be
19    submitted to the Department of Labor by registering day
20    and temporary labor service agencies but are exempt from
21    disclosure under subsection (a-1) of Section 45 of the Day
22    and Temporary Labor Services Act.
23        (kk) Information prohibited from disclosure under the
24    Seizure and Forfeiture Reporting Act.
25        (ll) Information the disclosure of which is restricted
26    and exempted under Section 5-30.8 of the Illinois Public

 

 

SB3955- 7 -LRB103 40770 AWJ 73604 b

1    Aid Code.
2        (mm) Records that are exempt from disclosure under
3    Section 4.2 of the Crime Victims Compensation Act.
4        (nn) Information that is exempt from disclosure under
5    Section 70 of the Higher Education Student Assistance Act.
6        (oo) Communications, notes, records, and reports
7    arising out of a peer support counseling session
8    prohibited from disclosure under the First Responders
9    Suicide Prevention Act.
10        (pp) Names and all identifying information relating to
11    an employee of an emergency services provider or law
12    enforcement agency under the First Responders Suicide
13    Prevention Act.
14        (qq) Information and records held by the Department of
15    Public Health and its authorized representatives collected
16    under the Reproductive Health Act.
17        (rr) Information that is exempt from disclosure under
18    the Cannabis Regulation and Tax Act.
19        (ss) Data reported by an employer to the Department of
20    Human Rights pursuant to Section 2-108 of the Illinois
21    Human Rights Act.
22        (tt) Recordings made under the Children's Advocacy
23    Center Act, except to the extent authorized under that
24    Act.
25        (uu) Information that is exempt from disclosure under
26    Section 50 of the Sexual Assault Evidence Submission Act.

 

 

SB3955- 8 -LRB103 40770 AWJ 73604 b

1        (vv) Information that is exempt from disclosure under
2    subsections (f) and (j) of Section 5-36 of the Illinois
3    Public Aid Code.
4        (ww) Information that is exempt from disclosure under
5    Section 16.8 of the State Treasurer Act.
6        (xx) Information that is exempt from disclosure or
7    information that shall not be made public under the
8    Illinois Insurance Code.
9        (yy) Information prohibited from being disclosed under
10    the Illinois Educational Labor Relations Act.
11        (zz) Information prohibited from being disclosed under
12    the Illinois Public Labor Relations Act.
13        (aaa) Information prohibited from being disclosed
14    under Section 1-167 of the Illinois Pension Code.
15        (bbb) Information that is prohibited from disclosure
16    by the Illinois Police Training Act, and the Illinois
17    State Police Act, and the Illinois State Police Law of the
18    Civil Administrative Code of Illinois.
19        (ccc) Records exempt from disclosure under Section
20    2605-304 of the Illinois State Police Law of the Civil
21    Administrative Code of Illinois.
22        (ddd) Information prohibited from being disclosed
23    under Section 35 of the Address Confidentiality for
24    Victims of Domestic Violence, Sexual Assault, Human
25    Trafficking, or Stalking Act.
26        (eee) Information prohibited from being disclosed

 

 

SB3955- 9 -LRB103 40770 AWJ 73604 b

1    under subsection (b) of Section 75 of the Domestic
2    Violence Fatality Review Act.
3        (fff) Images from cameras under the Expressway Camera
4    Act. This subsection (fff) is inoperative on and after
5    July 1, 2025.
6        (ggg) Information prohibited from disclosure under
7    paragraph (3) of subsection (a) of Section 14 of the Nurse
8    Agency Licensing Act.
9        (hhh) Information submitted to the Illinois State
10    Police in an affidavit or application for an assault
11    weapon endorsement, assault weapon attachment endorsement,
12    .50 caliber rifle endorsement, or .50 caliber cartridge
13    endorsement under the Firearm Owners Identification Card
14    Act.
15        (iii) Data exempt from disclosure under Section 50 of
16    the School Safety Drill Act.
17        (jjj) (hhh) Information exempt from disclosure under
18    Section 30 of the Insurance Data Security Law.
19        (kkk) (iii) Confidential business information
20    prohibited from disclosure under Section 45 of the Paint
21    Stewardship Act.
22        (lll) (Reserved).
23        (mmm) (iii) Information prohibited from being
24    disclosed under subsection (e) of Section 1-129 of the
25    Illinois Power Agency Act.
26(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;

 

 

SB3955- 10 -LRB103 40770 AWJ 73604 b

1102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
28-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
3102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
46-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
5eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
6revised 1-2-24.)
 
7    (Text of Section after amendment by P.A. 103-472)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other
20    records prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of
24    Public Health and its authorized representatives relating
25    to known or suspected cases of sexually transmissible

 

 

SB3955- 11 -LRB103 40770 AWJ 73604 b

1    disease or any information the disclosure of which is
2    restricted under the Illinois Sexually Transmissible
3    Disease Control Act.
4        (e) Information the disclosure of which is exempted
5    under Section 30 of the Radon Industry Licensing Act.
6        (f) Firm performance evaluations under Section 55 of
7    the Architectural, Engineering, and Land Surveying
8    Qualifications Based Selection Act.
9        (g) Information the disclosure of which is restricted
10    and exempted under Section 50 of the Illinois Prepaid
11    Tuition Act.
12        (h) Information the disclosure of which is exempted
13    under the State Officials and Employees Ethics Act, and
14    records of any lawfully created State or local inspector
15    general's office that would be exempt if created or
16    obtained by an Executive Inspector General's office under
17    that Act.
18        (i) Information contained in a local emergency energy
19    plan submitted to a municipality in accordance with a
20    local emergency energy plan ordinance that is adopted
21    under Section 11-21.5-5 of the Illinois Municipal Code.
22        (j) Information and data concerning the distribution
23    of surcharge moneys collected and remitted by carriers
24    under the Emergency Telephone System Act.
25        (k) Law enforcement officer identification information
26    or driver identification information compiled by a law

 

 

SB3955- 12 -LRB103 40770 AWJ 73604 b

1    enforcement agency or the Department of Transportation
2    under Section 11-212 of the Illinois Vehicle Code.
3        (l) Records and information provided to a residential
4    health care facility resident sexual assault and death
5    review team or the Executive Council under the Abuse
6    Prevention Review Team Act.
7        (m) Information provided to the predatory lending
8    database created pursuant to Article 3 of the Residential
9    Real Property Disclosure Act, except to the extent
10    authorized under that Article.
11        (n) Defense budgets and petitions for certification of
12    compensation and expenses for court appointed trial
13    counsel as provided under Sections 10 and 15 of the
14    Capital Crimes Litigation Act (repealed). This subsection
15    (n) shall apply until the conclusion of the trial of the
16    case, even if the prosecution chooses not to pursue the
17    death penalty prior to trial or sentencing.
18        (o) Information that is prohibited from being
19    disclosed under Section 4 of the Illinois Health and
20    Hazardous Substances Registry Act.
21        (p) Security portions of system safety program plans,
22    investigation reports, surveys, schedules, lists, data, or
23    information compiled, collected, or prepared by or for the
24    Department of Transportation under Sections 2705-300 and
25    2705-616 of the Department of Transportation Law of the
26    Civil Administrative Code of Illinois, the Regional

 

 

SB3955- 13 -LRB103 40770 AWJ 73604 b

1    Transportation Authority under Section 2.11 of the
2    Regional Transportation Authority Act, or the St. Clair
3    County Transit District under the Bi-State Transit Safety
4    Act (repealed).
5        (q) Information prohibited from being disclosed by the
6    Personnel Record Review Act.
7        (r) Information prohibited from being disclosed by the
8    Illinois School Student Records Act.
9        (s) Information the disclosure of which is restricted
10    under Section 5-108 of the Public Utilities Act.
11        (t) (Blank).
12        (u) Records and information provided to an independent
13    team of experts under the Developmental Disability and
14    Mental Health Safety Act (also known as Brian's Law).
15        (v) Names and information of people who have applied
16    for or received Firearm Owner's Identification Cards under
17    the Firearm Owners Identification Card Act or applied for
18    or received a concealed carry license under the Firearm
19    Concealed Carry Act, unless otherwise authorized by the
20    Firearm Concealed Carry Act; and databases under the
21    Firearm Concealed Carry Act, records of the Concealed
22    Carry Licensing Review Board under the Firearm Concealed
23    Carry Act, and law enforcement agency objections under the
24    Firearm Concealed Carry Act.
25        (v-5) Records of the Firearm Owner's Identification
26    Card Review Board that are exempted from disclosure under

 

 

SB3955- 14 -LRB103 40770 AWJ 73604 b

1    Section 10 of the Firearm Owners Identification Card Act.
2        (w) Personally identifiable information which is
3    exempted from disclosure under subsection (g) of Section
4    19.1 of the Toll Highway Act.
5        (x) Information which is exempted from disclosure
6    under Section 5-1014.3 of the Counties Code or Section
7    8-11-21 of the Illinois Municipal Code.
8        (y) Confidential information under the Adult
9    Protective Services Act and its predecessor enabling
10    statute, the Elder Abuse and Neglect Act, including
11    information about the identity and administrative finding
12    against any caregiver of a verified and substantiated
13    decision of abuse, neglect, or financial exploitation of
14    an eligible adult maintained in the Registry established
15    under Section 7.5 of the Adult Protective Services Act.
16        (z) Records and information provided to a fatality
17    review team or the Illinois Fatality Review Team Advisory
18    Council under Section 15 of the Adult Protective Services
19    Act.
20        (aa) Information which is exempted from disclosure
21    under Section 2.37 of the Wildlife Code.
22        (bb) Information which is or was prohibited from
23    disclosure by the Juvenile Court Act of 1987.
24        (cc) Recordings made under the Law Enforcement
25    Officer-Worn Body Camera Act, except to the extent
26    authorized under that Act.

 

 

SB3955- 15 -LRB103 40770 AWJ 73604 b

1        (dd) Information that is prohibited from being
2    disclosed under Section 45 of the Condominium and Common
3    Interest Community Ombudsperson Act.
4        (ee) Information that is exempted from disclosure
5    under Section 30.1 of the Pharmacy Practice Act.
6        (ff) Information that is exempted from disclosure
7    under the Revised Uniform Unclaimed Property Act.
8        (gg) Information that is prohibited from being
9    disclosed under Section 7-603.5 of the Illinois Vehicle
10    Code.
11        (hh) Records that are exempt from disclosure under
12    Section 1A-16.7 of the Election Code.
13        (ii) Information which is exempted from disclosure
14    under Section 2505-800 of the Department of Revenue Law of
15    the Civil Administrative Code of Illinois.
16        (jj) Information and reports that are required to be
17    submitted to the Department of Labor by registering day
18    and temporary labor service agencies but are exempt from
19    disclosure under subsection (a-1) of Section 45 of the Day
20    and Temporary Labor Services Act.
21        (kk) Information prohibited from disclosure under the
22    Seizure and Forfeiture Reporting Act.
23        (ll) Information the disclosure of which is restricted
24    and exempted under Section 5-30.8 of the Illinois Public
25    Aid Code.
26        (mm) Records that are exempt from disclosure under

 

 

SB3955- 16 -LRB103 40770 AWJ 73604 b

1    Section 4.2 of the Crime Victims Compensation Act.
2        (nn) Information that is exempt from disclosure under
3    Section 70 of the Higher Education Student Assistance Act.
4        (oo) Communications, notes, records, and reports
5    arising out of a peer support counseling session
6    prohibited from disclosure under the First Responders
7    Suicide Prevention Act.
8        (pp) Names and all identifying information relating to
9    an employee of an emergency services provider or law
10    enforcement agency under the First Responders Suicide
11    Prevention Act.
12        (qq) Information and records held by the Department of
13    Public Health and its authorized representatives collected
14    under the Reproductive Health Act.
15        (rr) Information that is exempt from disclosure under
16    the Cannabis Regulation and Tax Act.
17        (ss) Data reported by an employer to the Department of
18    Human Rights pursuant to Section 2-108 of the Illinois
19    Human Rights Act.
20        (tt) Recordings made under the Children's Advocacy
21    Center Act, except to the extent authorized under that
22    Act.
23        (uu) Information that is exempt from disclosure under
24    Section 50 of the Sexual Assault Evidence Submission Act.
25        (vv) Information that is exempt from disclosure under
26    subsections (f) and (j) of Section 5-36 of the Illinois

 

 

SB3955- 17 -LRB103 40770 AWJ 73604 b

1    Public Aid Code.
2        (ww) Information that is exempt from disclosure under
3    Section 16.8 of the State Treasurer Act.
4        (xx) Information that is exempt from disclosure or
5    information that shall not be made public under the
6    Illinois Insurance Code.
7        (yy) Information prohibited from being disclosed under
8    the Illinois Educational Labor Relations Act.
9        (zz) Information prohibited from being disclosed under
10    the Illinois Public Labor Relations Act.
11        (aaa) Information prohibited from being disclosed
12    under Section 1-167 of the Illinois Pension Code.
13        (bbb) Information that is prohibited from disclosure
14    by the Illinois Police Training Act, and the Illinois
15    State Police Act, and the Illinois State Police Law of the
16    Civil Administrative Code of Illinois.
17        (ccc) Records exempt from disclosure under Section
18    2605-304 of the Illinois State Police Law of the Civil
19    Administrative Code of Illinois.
20        (ddd) Information prohibited from being disclosed
21    under Section 35 of the Address Confidentiality for
22    Victims of Domestic Violence, Sexual Assault, Human
23    Trafficking, or Stalking Act.
24        (eee) Information prohibited from being disclosed
25    under subsection (b) of Section 75 of the Domestic
26    Violence Fatality Review Act.

 

 

SB3955- 18 -LRB103 40770 AWJ 73604 b

1        (fff) Images from cameras under the Expressway Camera
2    Act. This subsection (fff) is inoperative on and after
3    July 1, 2025.
4        (ggg) Information prohibited from disclosure under
5    paragraph (3) of subsection (a) of Section 14 of the Nurse
6    Agency Licensing Act.
7        (hhh) Information submitted to the Illinois State
8    Police in an affidavit or application for an assault
9    weapon endorsement, assault weapon attachment endorsement,
10    .50 caliber rifle endorsement, or .50 caliber cartridge
11    endorsement under the Firearm Owners Identification Card
12    Act.
13        (iii) Data exempt from disclosure under Section 50 of
14    the School Safety Drill Act.
15        (jjj) (hhh) Information exempt from disclosure under
16    Section 30 of the Insurance Data Security Law.
17        (kkk) (iii) Confidential business information
18    prohibited from disclosure under Section 45 of the Paint
19    Stewardship Act.
20        (lll) (iii) Data exempt from disclosure under Section
21    2-3.196 of the School Code.
22        (mmm) (iii) Information prohibited from being
23    disclosed under subsection (e) of Section 1-129 of the
24    Illinois Power Agency Act.
25(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
26102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.

 

 

SB3955- 19 -LRB103 40770 AWJ 73604 b

18-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
2102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
36-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
4eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
5103-580, eff. 12-8-23; revised 1-2-24.)
 
6    Section 10. The Illinois State Police Law of the Civil
7Administrative Code of Illinois is amended by changing Section
82605-200 as follows:
 
9    (20 ILCS 2605/2605-200)  (was 20 ILCS 2605/55a in part)
10    Sec. 2605-200. Investigations of crime; enforcement of
11laws; records; crime laboratories; personnel.
12    (a) To do the following:
13        (1) Investigate the origins, activities, personnel,
14    and incidents of crime and the ways and means to redress
15    the victims of crimes; study the impact, if any, of
16    legislation relative to the effusion of crime and growing
17    crime rates; and enforce the criminal laws of this State
18    related thereto.
19        (2) Enforce all laws regulating the production, sale,
20    prescribing, manufacturing, administering, transporting,
21    having in possession, dispensing, delivering,
22    distributing, or use of controlled substances and
23    cannabis.
24        (3) Employ skilled experts, scientists, technicians,

 

 

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1    investigators, or otherwise specially qualified persons to
2    aid in preventing or detecting crime, apprehending
3    criminals, or preparing and presenting evidence of
4    violations of the criminal laws of the State.
5        (4) Cooperate with the police of cities, villages, and
6    incorporated towns and with the police officers of any
7    county in enforcing the laws of the State and in making
8    arrests and recovering property.
9        (5) Apprehend and deliver up any person charged in
10    this State or any other state of the United States with
11    treason or a felony or other crime who has fled from
12    justice and is found in this State.
13        (6) Conduct other investigations as provided by law.
14        (7) Be a central repository and custodian of criminal
15    statistics for the State.
16        (8) Be a central repository for criminal history
17    record information.
18        (9) Procure and file for record information that is
19    necessary and helpful to plan programs of crime
20    prevention, law enforcement, and criminal justice.
21        (10) Procure and file for record copies of
22    fingerprints that may be required by law.
23        (11) Establish general and field crime laboratories.
24        (12) Register and file for record information that may
25    be required by law for the issuance of firearm owner's
26    identification cards under the Firearm Owners

 

 

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1    Identification Card Act and concealed carry licenses under
2    the Firearm Concealed Carry Act.
3        (13) Employ laboratory technicians and other specially
4    qualified persons to aid in the identification of criminal
5    activity and the identification, collection, and recovery
6    of cyber forensics, including, but not limited to, digital
7    evidence, and may employ polygraph operators and forensic
8    anthropologists.
9        (14) Undertake other identification, information,
10    laboratory, statistical, or registration activities that
11    may be required by law.
12    (b) Persons exercising the powers set forth in subsection
13(a) within the Illinois State Police are conservators of the
14peace and as such have all the powers possessed by policemen in
15cities and sheriffs, except that they may exercise those
16powers anywhere in the State in cooperation with and after
17contact with the local law enforcement officials. Those
18persons may use false or fictitious names in the performance
19of their duties under this Section, upon approval of the
20Director, and shall not be subject to prosecution under the
21criminal laws for that use.
22    (c) Notwithstanding any other provision of law, the
23Illinois State Police shall process investigation files and
24documents mentioning reproductive health care or
25gender-affirming care in the same manner required by a law
26enforcement agency under Section 10.25 of the Illinois Police

 

 

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1Training Act.
2(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)
 
3    Section 15. The Criminal Identification Act is amended by
4changing Section 5.2 as follows:
 
5    (20 ILCS 2630/5.2)
6    Sec. 5.2. Expungement, sealing, and immediate sealing.
7    (a) General Provisions.
8        (1) Definitions. In this Act, words and phrases have
9    the meanings set forth in this subsection, except when a
10    particular context clearly requires a different meaning.
11            (A) The following terms shall have the meanings
12        ascribed to them in the following Sections of the
13        Unified Code of Corrections:
14                Business Offense, Section 5-1-2.
15                Charge, Section 5-1-3.
16                Court, Section 5-1-6.
17                Defendant, Section 5-1-7.
18                Felony, Section 5-1-9.
19                Imprisonment, Section 5-1-10.
20                Judgment, Section 5-1-12.
21                Misdemeanor, Section 5-1-14.
22                Offense, Section 5-1-15.
23                Parole, Section 5-1-16.
24                Petty Offense, Section 5-1-17.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB3955- 28 -LRB103 40770 AWJ 73604 b

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

 

 

SB3955- 29 -LRB103 40770 AWJ 73604 b

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

 

 

SB3955- 30 -LRB103 40770 AWJ 73604 b

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

 

 

SB3955- 31 -LRB103 40770 AWJ 73604 b

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

 

 

SB3955- 32 -LRB103 40770 AWJ 73604 b

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

 

 

SB3955- 33 -LRB103 40770 AWJ 73604 b

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

 

 

SB3955- 34 -LRB103 40770 AWJ 73604 b

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

 

 

SB3955- 35 -LRB103 40770 AWJ 73604 b

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

 

 

SB3955- 36 -LRB103 40770 AWJ 73604 b

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

 

 

SB3955- 37 -LRB103 40770 AWJ 73604 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB3955- 51 -LRB103 40770 AWJ 73604 b

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

 

 

SB3955- 52 -LRB103 40770 AWJ 73604 b

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

 

 

SB3955- 53 -LRB103 40770 AWJ 73604 b

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

 

 

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

 

 

SB3955- 55 -LRB103 40770 AWJ 73604 b

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

 

 

SB3955- 56 -LRB103 40770 AWJ 73604 b

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

 

 

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1disclose any data in a manner that would allow the
2identification of any particular individual or employing unit.
3The study shall be made available to the General Assembly no
4later than September 1, 2010.
5    (g) Immediate Sealing.
6        (1) Applicability. Notwithstanding any other provision
7    of this Act to the contrary, and cumulative with any
8    rights to expungement or sealing of criminal records, this
9    subsection authorizes the immediate sealing of criminal
10    records of adults and of minors prosecuted as adults.
11        (2) Eligible Records.
12            (A) Arrests or charges not initiated by arrest
13        resulting in acquittal or dismissal with prejudice,
14        except as excluded by subsection (a)(3)(B), that occur
15        on or after January 1, 2018 (the effective date of
16        Public Act 100-282), may be sealed immediately if the
17        petition is filed with the circuit court clerk on the
18        same day and during the same hearing in which the case
19        is disposed.
20            (B) Records that contain redacted reproductive
21        health care or gender-affirming care information under
22        Section 107-17 of the Code of Criminal Procedure of
23        1963.
24        (3) When Records are Eligible to be Immediately
25    Sealed. Eligible records under paragraph (2) of this
26    subsection (g) may be sealed immediately after entry of

 

 

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1    the final disposition of a case, notwithstanding the
2    disposition of other charges in the same case.
3        (4) Notice of Eligibility for Immediate Sealing. Upon
4    entry of a disposition for an eligible record under
5    subparagraph (A) of paragraph (2) of this subsection (g),
6    the defendant shall be informed by the court of his or her
7    right to have eligible records immediately sealed and the
8    procedure for the immediate sealing of these records.
9        (5) Procedure. The following procedures apply to
10    immediate sealing under this subsection (g).
11            (A) Filing the Petition. For eligible records
12        under subparagraph (A) of paragraph (2) of this
13        subsection (g), upon 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. For eligible records

 

 

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1        under subparagraph (A) of paragraph (2) of this
2        subsection (g), the The immediate sealing petition
3        shall be verified and shall contain the petitioner's
4        name, date of birth, current address, and for each
5        eligible record, the case number, the date of arrest
6        if applicable, the identity of the arresting authority
7        if applicable, and other information as the court may
8        require.
9            (C) Drug Test. The defendant receiving a sealed
10        record under subparagraph (B) of paragraph (2) of this
11        subsection (g) or a petitioner shall not be required
12        to attach proof that he or she has passed a drug test.
13            (D) Service of Petition. For eligible records
14        under subparagraph (A) of paragraph (2) of this
15        subsection (g), a A copy of the petition shall be
16        served on the State's Attorney in open court. The
17        petitioner shall not be required to serve a copy of the
18        petition on any other agency.
19            (E) Entry of Order. The presiding trial judge
20        shall enter an order granting or denying the petition
21        for immediate sealing under subparagraph (A) of
22        paragraph (2) of this subsection (g) during the
23        hearing in which it is filed. Petitions for immediate
24        sealing shall be ruled on in the same hearing in which
25        the final disposition of the case is entered. For
26        eligible records being sealed under subparagraph (B)

 

 

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1        of paragraph (2) of this subsection (g), the presiding
2        trial judge shall enter an order for immediate sealing
3        upon entry of a disposition for an eligible record.
4            (F) Hearings. For eligible records under
5        subparagraph (A) of paragraph (2) of this subsection
6        (g), the The court shall hear the petition for
7        immediate sealing on the same day and during the same
8        hearing in which the disposition is rendered.
9            (G) Service of Order. An order to immediately seal
10        eligible records shall be served in conformance with
11        subsection (d)(8).
12            (H) Implementation of Order. An order to
13        immediately seal records shall be implemented in
14        conformance with subsections (d)(9)(C) and (d)(9)(D).
15            (I) Fees. The fee imposed by the circuit court
16        clerk and the Illinois State Police shall comply with
17        paragraph (1) of subsection (d) of this Section.
18            (J) Final Order. No court order issued under this
19        subsection (g) shall become final for purposes of
20        appeal until 30 days after service of the order on the
21        petitioner and all parties entitled to service of the
22        order in conformance with subsection (d)(8).
23            (K) Motion to Vacate, Modify, or Reconsider. Under
24        Section 2-1203 of the Code of Civil Procedure, the
25        petitioner, State's Attorney, or the Illinois State
26        Police may file a motion to vacate, modify, or

 

 

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1        reconsider the order denying the petition to
2        immediately seal within 60 days of service of the
3        order. If filed more than 60 days after service of the
4        order, a petition to vacate, modify, or reconsider
5        shall comply with subsection (c) of Section 2-1401 of
6        the Code of Civil Procedure.
7            (L) Effect of Order. An order granting an
8        immediate sealing petition shall not be considered
9        void because it fails to comply with the provisions of
10        this Section or because of an error asserted in a
11        motion to vacate, modify, or reconsider. The circuit
12        court retains jurisdiction to determine whether the
13        order is voidable, and to vacate, modify, or
14        reconsider its terms based on a motion filed under
15        subparagraph (L) of this subsection (g).
16            (M) Compliance with Order Granting Petition to
17        Seal Records. Unless a court has entered a stay of an
18        order granting a petition to immediately seal, all
19        parties entitled to service of the order must fully
20        comply with the terms of the order within 60 days of
21        service of the order.
22    (h) Sealing or vacation and expungement of trafficking
23victims' crimes.
24        (1) A trafficking victim, as defined by paragraph (10)
25    of subsection (a) of Section 10-9 of the Criminal Code of
26    2012, may petition for vacation and expungement or

 

 

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1    immediate sealing of his or her criminal record upon the
2    completion of his or her last sentence if his or her
3    participation in the underlying offense was a result of
4    human trafficking under Section 10-9 of the Criminal Code
5    of 2012 or a severe form of trafficking under the federal
6    Trafficking Victims Protection Act.
7        (1.5) A petition under paragraph (1) shall be
8    prepared, signed, and filed in accordance with Supreme
9    Court Rule 9. The court may allow the petitioner to attend
10    any required hearing remotely in accordance with local
11    rules. The court may allow a petition to be filed under
12    seal if the public filing of the petition would constitute
13    a risk of harm to the petitioner.
14        (2) A petitioner under this subsection (h), in
15    addition to the requirements provided under paragraph (4)
16    of subsection (d) of this Section, shall include in his or
17    her petition a clear and concise statement that: (A) he or
18    she was a victim of human trafficking at the time of the
19    offense; and (B) that his or her participation in the
20    offense was a result of human trafficking under Section
21    10-9 of the Criminal Code of 2012 or a severe form of
22    trafficking under the federal Trafficking Victims
23    Protection Act.
24        (3) If an objection is filed alleging that the
25    petitioner is not entitled to vacation and expungement or
26    immediate sealing under this subsection (h), the court

 

 

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1    shall conduct a hearing under paragraph (7) of subsection
2    (d) of this Section and the court shall determine whether
3    the petitioner is entitled to vacation and expungement or
4    immediate sealing under this subsection (h). A petitioner
5    is eligible for vacation and expungement or immediate
6    relief under this subsection (h) if he or she shows, by a
7    preponderance of the evidence, that: (A) he or she was a
8    victim of human trafficking at the time of the offense;
9    and (B) that his or her participation in the offense was a
10    result of human trafficking under Section 10-9 of the
11    Criminal Code of 2012 or a severe form of trafficking
12    under the federal Trafficking Victims Protection Act.
13    (i) Minor Cannabis Offenses under the Cannabis Control
14Act.
15        (1) Expungement of Arrest Records of Minor Cannabis
16    Offenses.
17            (A) The Illinois State Police and all law
18        enforcement agencies within the State shall
19        automatically expunge all criminal history records of
20        an arrest, charge not initiated by arrest, order of
21        supervision, or order of qualified probation for a
22        Minor Cannabis Offense committed prior to June 25,
23        2019 (the effective date of Public Act 101-27) if:
24                (i) One year or more has elapsed since the
25            date of the arrest or law enforcement interaction
26            documented in the records; and

 

 

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1                (ii) No criminal charges were filed relating
2            to the arrest or law enforcement interaction or
3            criminal charges were filed and subsequently
4            dismissed or vacated or the arrestee was
5            acquitted.
6            (B) If the law enforcement agency is unable to
7        verify satisfaction of condition (ii) in paragraph
8        (A), records that satisfy condition (i) in paragraph
9        (A) shall be automatically expunged.
10            (C) Records shall be expunged by the law
11        enforcement agency under the following timelines:
12                (i) Records created prior to June 25, 2019
13            (the effective date of Public Act 101-27), but on
14            or after January 1, 2013, shall be automatically
15            expunged prior to January 1, 2021;
16                (ii) Records created prior to January 1, 2013,
17            but on or after January 1, 2000, shall be
18            automatically expunged prior to January 1, 2023;
19                (iii) Records created prior to January 1, 2000
20            shall be automatically expunged prior to January
21            1, 2025.
22            In response to an inquiry for expunged records,
23        the law enforcement agency receiving such inquiry
24        shall reply as it does in response to inquiries when no
25        records ever existed; however, it shall provide a
26        certificate of disposition or confirmation that the

 

 

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1        record was expunged to the individual whose record was
2        expunged if such a record exists.
3            (D) Nothing in this Section shall be construed to
4        restrict or modify an individual's right to have that
5        individual's records expunged except as otherwise may
6        be provided in this Act, or diminish or abrogate any
7        rights or remedies otherwise available to the
8        individual.
9        (2) Pardons Authorizing Expungement of Minor Cannabis
10    Offenses.
11            (A) Upon June 25, 2019 (the effective date of
12        Public Act 101-27), the Department of State Police
13        shall review all criminal history record information
14        and identify all records that meet all of the
15        following criteria:
16                (i) one or more convictions for a Minor
17            Cannabis Offense;
18                (ii) the conviction identified in paragraph
19            (2)(A)(i) did not include a penalty enhancement
20            under Section 7 of the Cannabis Control Act; and
21                (iii) the conviction identified in paragraph
22            (2)(A)(i) is not associated with a conviction for
23            a violent crime as defined in subsection (c) of
24            Section 3 of the Rights of Crime Victims and
25            Witnesses Act.
26            (B) Within 180 days after June 25, 2019 (the

 

 

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1        effective date of Public Act 101-27), the Department
2        of State Police shall notify the Prisoner Review Board
3        of all such records that meet the criteria established
4        in paragraph (2)(A).
5                (i) The Prisoner Review Board shall notify the
6            State's Attorney of the county of conviction of
7            each record identified by State Police in
8            paragraph (2)(A) that is classified as a Class 4
9            felony. The State's Attorney may provide a written
10            objection to the Prisoner Review Board on the sole
11            basis that the record identified does not meet the
12            criteria established in paragraph (2)(A). Such an
13            objection must be filed within 60 days or by such
14            later date set by the Prisoner Review Board in the
15            notice after the State's Attorney received notice
16            from the Prisoner Review Board.
17                (ii) In response to a written objection from a
18            State's Attorney, the Prisoner Review Board is
19            authorized to conduct a non-public hearing to
20            evaluate the information provided in the
21            objection.
22                (iii) The Prisoner Review Board shall make a
23            confidential and privileged recommendation to the
24            Governor as to whether to grant a pardon
25            authorizing expungement for each of the records
26            identified by the Department of State Police as

 

 

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1            described in paragraph (2)(A).
2            (C) If an individual has been granted a pardon
3        authorizing expungement as described in this Section,
4        the Prisoner Review Board, through the Attorney
5        General, shall file a petition for expungement with
6        the Chief Judge of the circuit or any judge of the
7        circuit designated by the Chief Judge where the
8        individual had been convicted. Such petition may
9        include more than one individual. Whenever an
10        individual who has been convicted of an offense is
11        granted a pardon by the Governor that specifically
12        authorizes expungement, an objection to the petition
13        may not be filed. Petitions to expunge under this
14        subsection (i) may include more than one individual.
15        Within 90 days of the filing of such a petition, the
16        court shall enter an order expunging the records of
17        arrest from the official records of the arresting
18        authority and order that the records of the circuit
19        court clerk and the Illinois State Police be expunged
20        and the name of the defendant obliterated from the
21        official index requested to be kept by the circuit
22        court clerk under Section 16 of the Clerks of Courts
23        Act in connection with the arrest and conviction for
24        the offense for which the individual had received a
25        pardon but the order shall not affect any index issued
26        by the circuit court clerk before the entry of the

 

 

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1        order. Upon entry of the order of expungement, the
2        circuit court clerk shall promptly provide a copy of
3        the order and a certificate of disposition to the
4        individual who was pardoned to the individual's last
5        known address or by electronic means (if available) or
6        otherwise make it available to the individual upon
7        request.
8            (D) Nothing in this Section is intended to
9        diminish or abrogate any rights or remedies otherwise
10        available to the individual.
11        (3) Any individual may file a motion to vacate and
12    expunge a conviction for a misdemeanor or Class 4 felony
13    violation of Section 4 or Section 5 of the Cannabis
14    Control Act. Motions to vacate and expunge under this
15    subsection (i) may be filed with the circuit court, Chief
16    Judge of a judicial circuit or any judge of the circuit
17    designated by the Chief Judge. The circuit court clerk
18    shall promptly serve a copy of the motion to vacate and
19    expunge, and any supporting documentation, on the State's
20    Attorney or prosecutor charged with the duty of
21    prosecuting the offense. When considering such a motion to
22    vacate and expunge, a court shall consider the following:
23    the reasons to retain the records provided by law
24    enforcement, the petitioner's age, the petitioner's age at
25    the time of offense, the time since the conviction, and
26    the specific adverse consequences if denied. An individual

 

 

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1    may file such a petition after the completion of any
2    non-financial sentence or non-financial condition imposed
3    by the conviction. Within 60 days of the filing of such
4    motion, a State's Attorney may file an objection to such a
5    petition along with supporting evidence. If a motion to
6    vacate and expunge is granted, the records shall be
7    expunged in accordance with subparagraphs (d)(8) and
8    (d)(9)(A) of this Section. An agency providing civil legal
9    aid, as defined by Section 15 of the Public Interest
10    Attorney Assistance Act, assisting individuals seeking to
11    file a motion to vacate and expunge under this subsection
12    may file motions to vacate and expunge with the Chief
13    Judge of a judicial circuit or any judge of the circuit
14    designated by the Chief Judge, and the motion may include
15    more than one individual. Motions filed by an agency
16    providing civil legal aid concerning more than one
17    individual may be prepared, presented, and signed
18    electronically.
19        (4) Any State's Attorney may file a motion to vacate
20    and expunge a conviction for a misdemeanor or Class 4
21    felony violation of Section 4 or Section 5 of the Cannabis
22    Control Act. Motions to vacate and expunge under this
23    subsection (i) may be filed with the circuit court, Chief
24    Judge of a judicial circuit or any judge of the circuit
25    designated by the Chief Judge, and may include more than
26    one individual. Motions filed by a State's Attorney

 

 

SB3955- 70 -LRB103 40770 AWJ 73604 b

1    concerning more than one individual may be prepared,
2    presented, and signed electronically. When considering
3    such a motion to vacate and expunge, a court shall
4    consider the following: the reasons to retain the records
5    provided by law enforcement, the individual's age, the
6    individual's age at the time of offense, the time since
7    the conviction, and the specific adverse consequences if
8    denied. Upon entry of an order granting a motion to vacate
9    and expunge records pursuant to this Section, the State's
10    Attorney shall notify the Prisoner Review Board within 30
11    days. Upon entry of the order of expungement, the circuit
12    court clerk shall promptly provide a copy of the order and
13    a certificate of disposition to the individual whose
14    records will be expunged to the individual's last known
15    address or by electronic means (if available) or otherwise
16    make available to the individual upon request. If a motion
17    to vacate and expunge is granted, the records shall be
18    expunged in accordance with subparagraphs (d)(8) and
19    (d)(9)(A) of this Section.
20        (5) In the public interest, the State's Attorney of a
21    county has standing to file motions to vacate and expunge
22    pursuant to this Section in the circuit court with
23    jurisdiction over the underlying conviction.
24        (6) If a person is arrested for a Minor Cannabis
25    Offense as defined in this Section before June 25, 2019
26    (the effective date of Public Act 101-27) and the person's

 

 

SB3955- 71 -LRB103 40770 AWJ 73604 b

1    case is still pending but a sentence has not been imposed,
2    the person may petition the court in which the charges are
3    pending for an order to summarily dismiss those charges
4    against him or her, and expunge all official records of
5    his or her arrest, plea, trial, conviction, incarceration,
6    supervision, or expungement. If the court determines, upon
7    review, that: (A) the person was arrested before June 25,
8    2019 (the effective date of Public Act 101-27) for an
9    offense that has been made eligible for expungement; (B)
10    the case is pending at the time; and (C) the person has not
11    been sentenced of the minor cannabis violation eligible
12    for expungement under this subsection, the court shall
13    consider the following: the reasons to retain the records
14    provided by law enforcement, the petitioner's age, the
15    petitioner's age at the time of offense, the time since
16    the conviction, and the specific adverse consequences if
17    denied. If a motion to dismiss and expunge is granted, the
18    records shall be expunged in accordance with subparagraph
19    (d)(9)(A) of this Section.
20        (7) A person imprisoned solely as a result of one or
21    more convictions for Minor Cannabis Offenses under this
22    subsection (i) shall be released from incarceration upon
23    the issuance of an order under this subsection.
24        (8) The Illinois State Police shall allow a person to
25    use the access and review process, established in the
26    Illinois State Police, for verifying that his or her

 

 

SB3955- 72 -LRB103 40770 AWJ 73604 b

1    records relating to Minor Cannabis Offenses of the
2    Cannabis Control Act eligible under this Section have been
3    expunged.
4        (9) No conviction vacated pursuant to this Section
5    shall serve as the basis for damages for time unjustly
6    served as provided in the Court of Claims Act.
7        (10) Effect of Expungement. A person's right to
8    expunge an expungeable offense shall not be limited under
9    this Section. The effect of an order of expungement shall
10    be to restore the person to the status he or she occupied
11    before the arrest, charge, or conviction.
12        (11) Information. The Illinois State Police shall post
13    general information on its website about the expungement
14    process described in this subsection (i).
15    (j) Felony Prostitution Convictions.
16        (1) Any individual may file a motion to vacate and
17    expunge a conviction for a prior Class 4 felony violation
18    of prostitution. Motions to vacate and expunge under this
19    subsection (j) may be filed with the circuit court, Chief
20    Judge of a judicial circuit, or any judge of the circuit
21    designated by the Chief Judge. When considering the motion
22    to vacate and expunge, a court shall consider the
23    following:
24            (A) the reasons to retain the records provided by
25        law enforcement;
26            (B) the petitioner's age;

 

 

SB3955- 73 -LRB103 40770 AWJ 73604 b

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

 

 

SB3955- 74 -LRB103 40770 AWJ 73604 b

1    and expunge, a court shall consider the following reasons:
2            (A) the reasons to retain the records provided by
3        law enforcement;
4            (B) the petitioner's age;
5            (C) the petitioner's age at the time of offense;
6            (D) the time since the conviction; and
7            (E) the specific adverse consequences if denied.
8        If the State's Attorney files a motion to vacate and
9    expunge records for felony prostitution convictions
10    pursuant to this Section, the State's Attorney shall
11    notify the Prisoner Review Board within 30 days of the
12    filing. If a motion to vacate and expunge is granted, the
13    records shall be expunged in accordance with subparagraph
14    (d)(9)(A) of this Section.
15        (3) In the public interest, the State's Attorney of a
16    county has standing to file motions to vacate and expunge
17    pursuant to this Section in the circuit court with
18    jurisdiction over the underlying conviction.
19        (4) The Illinois State Police shall allow a person to
20    a use the access and review process, established in the
21    Illinois State Police, for verifying that his or her
22    records relating to felony prostitution eligible under
23    this Section have been expunged.
24        (5) No conviction vacated pursuant to this Section
25    shall serve as the basis for damages for time unjustly
26    served as provided in the Court of Claims Act.

 

 

SB3955- 75 -LRB103 40770 AWJ 73604 b

1        (6) Effect of Expungement. A person's right to expunge
2    an expungeable offense shall not be limited under this
3    Section. The effect of an order of expungement shall be to
4    restore the person to the status he or she occupied before
5    the arrest, charge, or conviction.
6        (7) Information. The Illinois State Police shall post
7    general information on its website about the expungement
8    process described in this subsection (j).
9(Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;
10102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
111-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)
 
12    Section 20. The Illinois Police Training Act is amended by
13adding Section 10.25 as follows:
 
14    (50 ILCS 705/10.25 new)
15    Sec. 10.25. Confidentiality of information relating to
16reproductive health care and gender-affirming care.
17    (a) As used in this Section, "gender-affirming care" and
18"reproductive health care" have the meanings given to those
19terms in Section 8-802.4 of the Code of Civil Procedure.
20    (b) Notwithstanding any other provision of law, records
21maintained by a law enforcement agency that contain any
22reference to reproductive health care or gender-affirming care
23shall be redacted to exclude the references to reproductive
24health care and gender-affirming care upon inspection and

 

 

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1copying when inspection and copying is otherwise allowed by
2law.
 
3    Section 25. The Code of Criminal Procedure of 1963 is
4amended by adding Sections 107-17 as follows:
 
5    (725 ILCS 5/107-17 new)
6    Sec. 107-17. Confidentiality of information relating to
7reproductive health care and gender-affirming care.
8    (a) As used in this Section, "gender-affirming care" and
9"reproductive health care" have the meanings given to those
10terms in Section 8-802.4 of the Code of Civil Procedure.
11    (b) If a document filed during a criminal proceeding that
12contains any reference to reproductive health care or
13gender-affirming care, the document, including court records,
14shall be filed under seal and remain under seal unless the
15court orders otherwise, or, if not filed under seal, a
16document that references reproductive health care or
17gender-affirming care must be redacted before being filed.
18Upon final disposition of a case involving document described
19under this subsection, the entire court file shall be
20immediately sealed under subparagraph (B) of paragraph (2) of
21subsection (g) of Section 5.2 of the Criminal Identification
22Act, and, after immediate sealing, the case file only may be
23made available to the public by court order unsealing the
24records as otherwise provided by law and only with any

 

 

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1reference to reproductive health care or gender-affirming care
2redacted.
3    (c) If, in any judicial proceeding, a party alleges that
4items sealed or redacted under subsection (b) are necessary to
5the determination of any issue before the court and written
6consent to disclosure has not been given, the party may ask the
7court to consider the relevance and admissibility of the
8statements. In such a case, the court shall hold a hearing in
9camera on the relevance of the statements. A transcript of the
10in camera proceeding shall be made and sealed. If the court
11finds the records sealed or redacted relevant and admissible
12to the issue, the court order the statements to be disclosed
13under a protective order in which the parties are prohibited
14from furnishing to anyone the materials identified in the
15order.
 
16    Section 30. The Code of Civil Procedure is amended by
17adding Section 8-802.4 as follows:
 
18    (735 ILCS 5/8-802.4 new)
19    Sec. 8-802.4. Confidentiality of information relating to
20reproductive health care and gender-affirming care.
21    (a) As used in this Section:
22    "Gender-affirming care" means medically necessary health
23care that respects the gender identity of the patient, as
24experienced and defined by the patient, including, but not

 

 

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1limited to:
2        (1) interventions to suppress the development of
3    endogenous secondary sex characteristics;
4        (2) interventions to align the patient's appearance or
5    physical body with the patient's gender identity;
6        (3) interventions to alleviate symptoms of clinically
7    significant distress resulting from gender dysphoria, as
8    defined in the Diagnostic and Statistical Manual of Mental
9    Disorders, 5th Edition; or
10        (4) mental health care or behavioral health care that
11    respects the gender identity of the patient, as
12    experienced and defined by the patient, including, but not
13    limited to, developmentally appropriate exploration and
14    integration of identity, reduction of distress, adaptive
15    coping, and strategies to increase family acceptance.
16    "Reproductive health care" has the meaning given to that
17term in Section 1-10 of the Reproductive Health Act.
18    (b) If a document filed during a civil proceeding that
19contains any reference to reproductive health care or
20gender-affirming care, the document, including court records,
21shall be filed under seal and remain under seal unless the
22court orders otherwise, or, if not filed under seal, a
23document that references reproductive health care or
24gender-affirming care must be redacted before being filed.
25Upon final disposition of a case involving document described
26under this subsection, the entire court file shall be

 

 

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1immediately sealed under subsection (d), and, after immediate
2sealing, the case file only may be made available to the public
3by court order unsealing the records as otherwise provided by
4law and only with any reference to reproductive health care or
5gender-affirming care redacted.
6    (c) If, in any judicial proceeding, a party alleges that
7items sealed or redacted under subsection (b) are necessary to
8the determination of any issue before the court and written
9consent to disclosure has not been given, the party may ask the
10court to consider the relevance and admissibility of the
11statements. In such a case, the court shall hold a hearing in
12camera on the relevance of the statements. A transcript of the
13in camera proceeding shall be made and sealed. If the court
14finds the records sealed or redacted relevant and admissible
15to the issue, the court order the statements to be disclosed
16under a protective order in which the parties are prohibited
17from furnishing to anyone the materials identified in the
18order.
19    (d) Records that contain redacted reproductive health care
20or gender-affirming care health information shall be sealed
21immediately after entry of the final disposition of a case as
22follows:
23        (1) Upon entry of the final disposition of the case,
24    the presiding trial judge shall enter an order for
25    immediate sealing of the case file.
26        (2) An order to immediately seal eligible records

 

 

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1    shall be served in on all parties to the case.
2        (3) An order to immediately seal records shall be
3    implemented in conformance with subsections (d)(9)(C) and
4    (d)(9)(D) of Section 5.2 of the Criminal Identification
5    Act.
6        (4) No court order issued under this subsection shall
7    become final for purposes of appeal until 30 days after
8    service of the order on the petitioner and all parties
9    entitled to service of the order in conformance with
10    subsection (d)(8) of Section 5.2 of the Criminal
11    Identification Act.
12        (5) Under Section 2-1203 of the Code of Civil
13    Procedure, a party may file a motion to vacate, modify, or
14    reconsider the order denying the petition to immediately
15    seal within 60 days of service of the order. If filed more
16    than 60 days after service of the order, a petition to
17    vacate, modify, or reconsider shall comply with subsection
18    (c) of Section 2-1401 of the Code of Civil Procedure.
19        (6) An order granting an immediate sealing petition
20    shall not be considered void because it fails to comply
21    with the provisions of this subsection or because of an
22    error asserted in a motion to vacate, modify, or
23    reconsider. The circuit court retains jurisdiction to
24    determine whether the order is voidable, and to vacate,
25    modify, or reconsider its terms based on a motion filed
26    under paragraph (5).

 

 

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1        (7) Unless a court has entered a stay of an order
2    granting a petition to immediately seal, all parties
3    entitled to service of the order must fully comply with
4    the terms of the order within 60 days of service of the
5    order.
 
6    Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.

 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.