Rep. Constance A. Howard

Filed: 3/25/2009

 

 


 

 


 
09600HB3961ham002 LRB096 09615 RLC 24389 a

1
AMENDMENT TO HOUSE BILL 3961

2     AMENDMENT NO. ______. Amend House Bill 3961 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Identification Act is amended by
5 changing Sections 5 and 13 and by adding Sections 5.2 and 14 as
6 follows:
 
7     (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
8     Sec. 5. Arrest reports; expungement.
9     (a) All policing bodies of this State shall furnish to the
10 Department, daily, in the form and detail the Department
11 requires, fingerprints and descriptions of all persons who are
12 arrested on charges of violating any penal statute of this
13 State for offenses that are classified as felonies and Class A
14 or B misdemeanors and of all minors of the age of 10 and over
15 who have been arrested for an offense which would be a felony
16 if committed by an adult, and may forward such fingerprints and

 

 

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1 descriptions for minors arrested for Class A or B misdemeanors.
2 Moving or nonmoving traffic violations under the Illinois
3 Vehicle Code shall not be reported except for violations of
4 Chapter 4, Section 11-204.1, or Section 11-501 of that Code. In
5 addition, conservation offenses, as defined in the Supreme
6 Court Rule 501(c), that are classified as Class B misdemeanors
7 shall not be reported.
8     Whenever an adult or minor prosecuted as an adult, not
9 having previously been convicted of any criminal offense or
10 municipal ordinance violation, charged with a violation of a
11 municipal ordinance or a felony or misdemeanor, is acquitted or
12 released without being convicted, whether the acquittal or
13 release occurred before, on, or after the effective date of
14 this amendatory Act of 1991, the Chief Judge of the circuit
15 wherein the charge was brought, any judge of that circuit
16 designated by the Chief Judge, or in counties of less than
17 3,000,000 inhabitants, the presiding trial judge at the
18 defendant's trial may upon verified petition of the defendant
19 order the record of arrest expunged from the official records
20 of the arresting authority and the Department and order that
21 the records of the clerk of the circuit court be sealed until
22 further order of the court upon good cause shown and the name
23 of the defendant obliterated on the official index required to
24 be kept by the circuit court clerk under Section 16 of the
25 Clerks of Courts Act, but the order shall not affect any index
26 issued by the circuit court clerk before the entry of the

 

 

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1 order. The Department may charge the petitioner a fee
2 equivalent to the cost of processing any order to expunge or
3 seal the records, and the fee shall be deposited into the State
4 Police Services Fund. The records of those arrests, however,
5 that result in a disposition of supervision for any offense
6 shall not be expunged from the records of the arresting
7 authority or the Department nor impounded by the court until 2
8 years after discharge and dismissal of supervision. Those
9 records that result from a supervision for a violation of
10 Section 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
11 Vehicle Code or a similar provision of a local ordinance, or
12 for a violation of Section 12-3.2, 12-15 or 16A-3 of the
13 Criminal Code of 1961, or probation under Section 10 of the
14 Cannabis Control Act, Section 410 of the Illinois Controlled
15 Substances Act, Section 70 of the Methamphetamine Control and
16 Community Protection Act, Section 12-4.3(b)(1) and (2) of the
17 Criminal Code of 1961 (as those provisions existed before their
18 deletion by Public Act 89-313), Section 10-102 of the Illinois
19 Alcoholism and Other Drug Dependency Act when the judgment of
20 conviction has been vacated, Section 40-10 of the Alcoholism
21 and Other Drug Abuse and Dependency Act when the judgment of
22 conviction has been vacated, or Section 10 of the Steroid
23 Control Act shall not be expunged from the records of the
24 arresting authority nor impounded by the court until 5 years
25 after termination of probation or supervision. Those records
26 that result from a supervision for a violation of Section

 

 

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1 11-501 of the Illinois Vehicle Code or a similar provision of a
2 local ordinance, shall not be expunged. All records set out
3 above may be ordered by the court to be expunged from the
4 records of the arresting authority and impounded by the court
5 after 5 years, but shall not be expunged by the Department, but
6 shall, on court order be sealed by the Department and may be
7 disseminated by the Department only as required by law or to
8 the arresting authority, the State's Attorney, and the court
9 upon a later arrest for the same or a similar offense or for
10 the purpose of sentencing for any subsequent felony. Upon
11 conviction for any offense, the Department of Corrections shall
12 have access to all sealed records of the Department pertaining
13 to that individual.
14     (a-5) Those records maintained by the Department for
15 persons arrested prior to their 17th birthday shall be expunged
16 as provided in Section 5-915 of the Juvenile Court Act of 1987.
17     (b) Whenever a person has been convicted of a crime or of
18 the violation of a municipal ordinance, in the name of a person
19 whose identity he has stolen or otherwise come into possession
20 of, the aggrieved person from whom the identity was stolen or
21 otherwise obtained without authorization, upon learning of the
22 person having been arrested using his identity, may, upon
23 verified petition to the chief judge of the circuit wherein the
24 arrest was made, have a court order entered nunc pro tunc by
25 the chief judge to correct the arrest record, conviction
26 record, if any, and all official records of the arresting

 

 

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1 authority, the Department, other criminal justice agencies,
2 the prosecutor, and the trial court concerning such arrest, if
3 any, by removing his name from all such records in connection
4 with the arrest and conviction, if any, and by inserting in the
5 records the name of the offender, if known or ascertainable, in
6 lieu of the aggrieved's name. The records of the clerk of the
7 circuit court clerk shall be sealed until further order of the
8 court upon good cause shown and the name of the aggrieved
9 person obliterated on the official index required to be kept by
10 the circuit court clerk under Section 16 of the Clerks of
11 Courts Act, but the order shall not affect any index issued by
12 the circuit court clerk before the entry of the order. Nothing
13 in this Section shall limit the Department of State Police or
14 other criminal justice agencies or prosecutors from listing
15 under an offender's name the false names he or she has used.
16 For purposes of this Section, convictions for moving and
17 nonmoving traffic violations other than convictions for
18 violations of Chapter 4, Section 11-204.1 or Section 11-501 of
19 the Illinois Vehicle Code shall not be a bar to expunging the
20 record of arrest and court records for violation of a
21 misdemeanor or municipal ordinance.
22     (c) Whenever a person who has been convicted of an offense
23 is granted a pardon by the Governor which specifically
24 authorizes expungement, he may, upon verified petition to the
25 chief judge of the circuit where the person had been convicted,
26 any judge of the circuit designated by the Chief Judge, or in

 

 

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1 counties of less than 3,000,000 inhabitants, the presiding
2 trial judge at the defendant's trial, may have a court order
3 entered expunging the record of arrest from the official
4 records of the arresting authority and order that the records
5 of the clerk of the circuit court and the Department be sealed
6 until further order of the court upon good cause shown or as
7 otherwise provided herein, and the name of the defendant
8 obliterated from the official index requested to be kept by the
9 circuit court clerk under Section 16 of the Clerks of Courts
10 Act in connection with the arrest and conviction for the
11 offense for which he had been pardoned but the order shall not
12 affect any index issued by the circuit court clerk before the
13 entry of the order. All records sealed by the Department may be
14 disseminated by the Department only as required by law or to
15 the arresting authority, the State's Attorney, and the court
16 upon a later arrest for the same or similar offense or for the
17 purpose of sentencing for any subsequent felony. Upon
18 conviction for any subsequent offense, the Department of
19 Corrections shall have access to all sealed records of the
20 Department pertaining to that individual. Upon entry of the
21 order of expungement, the clerk of the circuit court shall
22 promptly mail a copy of the order to the person who was
23 pardoned.
24     (c-5) Whenever a person has been convicted of criminal
25 sexual assault, aggravated criminal sexual assault, predatory
26 criminal sexual assault of a child, criminal sexual abuse, or

 

 

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1 aggravated criminal sexual abuse, the victim of that offense
2 may request that the State's Attorney of the county in which
3 the conviction occurred file a verified petition with the
4 presiding trial judge at the defendant's trial to have a court
5 order entered to seal the records of the clerk of the circuit
6 court in connection with the proceedings of the trial court
7 concerning that offense. However, the records of the arresting
8 authority and the Department of State Police concerning the
9 offense shall not be sealed. The court, upon good cause shown,
10 shall make the records of the clerk of the circuit court in
11 connection with the proceedings of the trial court concerning
12 the offense available for public inspection.
13     (c-6) If a conviction has been set aside on direct review
14 or on collateral attack and the court determines by clear and
15 convincing evidence that the defendant was factually innocent
16 of the charge, the court shall enter an expungement order as
17 provided in subsection (b) of Section 5-5-4 of the Unified Code
18 of Corrections.
19     (d) Notice of the petition for subsections (a), (b), and
20 (c) shall be served by the clerk upon the State's Attorney or
21 prosecutor charged with the duty of prosecuting the offense,
22 the Department of State Police, the arresting agency and the
23 chief legal officer of the unit of local government affecting
24 the arrest. Unless the State's Attorney or prosecutor, the
25 Department of State Police, the arresting agency or such chief
26 legal officer objects to the petition within 30 days from the

 

 

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1 date of the notice, the court shall enter an order granting or
2 denying the petition. The clerk of the court shall promptly
3 mail a copy of the order to the person, the arresting agency,
4 the prosecutor, the Department of State Police and such other
5 criminal justice agencies as may be ordered by the judge.
6     (e) Nothing herein shall prevent the Department of State
7 Police from maintaining all records of any person who is
8 admitted to probation upon terms and conditions and who
9 fulfills those terms and conditions pursuant to Section 10 of
10 the Cannabis Control Act, Section 410 of the Illinois
11 Controlled Substances Act, Section 70 of the Methamphetamine
12 Control and Community Protection Act, Section 12-4.3 of the
13 Criminal Code of 1961, Section 10-102 of the Illinois
14 Alcoholism and Other Drug Dependency Act, Section 40-10 of the
15 Alcoholism and Other Drug Abuse and Dependency Act, or Section
16 10 of the Steroid Control Act.
17     (f) No court order issued under the expungement provisions
18 of this Section shall become final for purposes of appeal until
19 30 days after notice is received by the Department. Any court
20 order contrary to the provisions of this Section is void.
21     (g) Except as otherwise provided in subsection (c-5) of
22 this Section, the court shall not order the sealing or
23 expungement of the arrest records and records of the circuit
24 court clerk of any person granted supervision for or convicted
25 of any sexual offense committed against a minor under 18 years
26 of age. For the purposes of this Section, "sexual offense

 

 

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1 committed against a minor" includes but is not limited to the
2 offenses of indecent solicitation of a child or criminal sexual
3 abuse when the victim of such offense is under 18 years of age.
4     (h) (1) Applicability. Notwithstanding any other provision
5 of this Act to the contrary and cumulative with any rights to
6 expungement of criminal records, this subsection authorizes
7 the sealing of criminal records of adults and of minors
8 prosecuted as adults.
9     (2) Sealable offenses. The following offenses may be
10 sealed:
11         (A) All municipal ordinance violations and
12     misdemeanors, with the exception of the following:
13             (i) violations of Section 11-501 of the Illinois
14         Vehicle Code or a similar provision of a local
15         ordinance;
16             (ii) violations of Article 11 of the Criminal Code
17         of 1961 or a similar provision of a local ordinance,
18         except Section 11-14 of the Criminal Code of 1961 as
19         provided in clause B(i) of this subsection (h);
20             (iii) violations of Section 12-15, 12-30, or 26-5
21         of the Criminal Code of 1961 or a similar provision of
22         a local ordinance;
23             (iv) violations that are a crime of violence as
24         defined in Section 2 of the Crime Victims Compensation
25         Act or a similar provision of a local ordinance;
26             (v) Class A misdemeanor violations of the Humane

 

 

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1         Care for Animals Act; and
2             (vi) any offense or attempted offense that would
3         subject a person to registration under the Sex Offender
4         Registration Act.
5         (B) Misdemeanor and Class 4 felony violations of:
6             (i) Section 11-14 of the Criminal Code of 1961;
7             (ii) Section 4 of the Cannabis Control Act;
8             (iii) Section 402 of the Illinois Controlled
9         Substances Act; and
10             (iv) Section 60 of the Methamphetamine Control and
11         Community Protection Act.
12         However, for purposes of this subsection (h), a
13     sentence of first offender probation under Section 10 of
14     the Cannabis Control Act, Section 410 of the Illinois
15     Controlled Substances Act, or Section 70 of the
16     Methamphetamine Control and Community Protection Act shall
17     be treated as a Class 4 felony conviction.
18     (3) Requirements for sealing. Records identified as
19 sealable under clause (h) (2) may be sealed when the individual
20 was:
21         (A) Acquitted of the offense or offenses or released
22     without being convicted.
23         (B) Convicted of the offense or offenses and the
24     conviction or convictions were reversed.
25         (C) Placed on misdemeanor supervision for an offense or
26     offenses; and

 

 

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1             (i) at least 3 years have elapsed since the
2         completion of the term of supervision, or terms of
3         supervision, if more than one term has been ordered;
4         and
5             (ii) the individual has not been convicted of a
6         felony or misdemeanor or placed on supervision for a
7         misdemeanor or felony during the period specified in
8         clause (i).
9         (D) Convicted of an offense or offenses; and
10             (i) at least 4 years have elapsed since the last
11         such conviction or term of any sentence, probation,
12         parole, or supervision, if any, whichever is last in
13         time; and
14             (ii) the individual has not been convicted of a
15         felony or misdemeanor or placed on supervision for a
16         misdemeanor or felony during the period specified in
17         clause (i).
18     (4) Requirements for sealing of records when more than one
19 charge and disposition have been filed. When multiple offenses
20 are petitioned to be sealed under this subsection (h), the
21 requirements of the relevant provisions of clauses (h)(3)(A)
22 through (D) each apply. In instances in which more than one
23 waiting period is applicable under clauses (h)(C)(i) and (ii)
24 and (h)(D)(i) and (ii), the longer applicable period applies,
25 and the requirements of clause (h) (3) shall be considered met
26 when the petition is filed after the passage of the longer

 

 

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1 applicable waiting period. That period commences on the date of
2 the completion of the last sentence or the end of supervision,
3 probation, or parole, whichever is last in time.
4     (5) Subsequent convictions. A person may not have
5 subsequent felony conviction records sealed as provided in this
6 subsection (h) if he or she is convicted of any felony offense
7 after the date of the sealing of prior felony records as
8 provided in this subsection (h).
9     (6) Notice of eligibility for sealing. Upon acquittal,
10 release without conviction, or being placed on supervision for
11 a sealable offense, or upon conviction of a sealable offense,
12 the person shall be informed by the court of the right to have
13 the records sealed and the procedures for the sealing of the
14 records.
15     (7) Procedure. Upon becoming eligible for the sealing of
16 records under this subsection (h), the person who seeks the
17 sealing of his or her records shall file a petition requesting
18 the sealing of records with the clerk of the court where the
19 charge or charges were brought. The records may be sealed by
20 the Chief Judge of the circuit wherein the charge was brought,
21 any judge of that circuit designated by the Chief Judge, or in
22 counties of less than 3,000,000 inhabitants, the presiding
23 trial judge at the defendant's trial, if any. If charges were
24 brought in multiple jurisdictions, a petition must be filed in
25 each such jurisdiction. The petitioner shall pay the applicable
26 fee, if not waived.

 

 

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1         (A) Contents of petition. The petition shall contain
2     the petitioner's name, date of birth, current address, each
3     charge, each case number, the date of each charge, the
4     identity of the arresting authority, and such other
5     information as the court may require. During the pendency
6     of the proceeding, the petitioner shall promptly notify the
7     clerk of the court of any change of address.
8         (B) Drug test. A person filing a petition to have his
9     or her records sealed for a Class 4 felony violation of
10     Section 4 of the Cannabis Control Act or for a Class 4
11     felony violation of Section 402 of the Illinois Controlled
12     Substances Act must attach to the petition proof that the
13     petitioner has passed a test taken within the previous 30
14     days before the filing of the petition showing the absence
15     within his or her body of all illegal substances in
16     violation of either the Illinois Controlled Substances Act
17     or the Cannabis Control Act.
18         (C) Service of petition. The clerk shall promptly serve
19     a copy of the petition on the State's Attorney or
20     prosecutor charged with the duty of prosecuting the
21     offense, the Department of State Police, the arresting
22     agency and the chief legal officer of the unit of local
23     government effecting the arrest.
24         (D) Entry of order. Unless the State's Attorney or
25     prosecutor, the Department of State Police, the arresting
26     agency or such chief legal officer objects to sealing of

 

 

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1     the records within 90 days of notice the court shall enter
2     an order sealing the defendant's records.
3         (E) Hearing upon objection. If an objection is filed,
4     the court shall set a date for a hearing and notify the
5     petitioner and the parties on whom the petition had been
6     served, and shall hear evidence on whether the sealing of
7     the records should or should not be granted, and shall make
8     a determination on whether to issue an order to seal the
9     records based on the evidence presented at the hearing.
10         (F) Service of order. After entering the order to seal
11     records, the court must provide copies of the order to the
12     Department, in a form and manner prescribed by the
13     Department, to the petitioner, to the State's Attorney or
14     prosecutor charged with the duty of prosecuting the
15     offense, to the arresting agency, to the chief legal
16     officer of the unit of local government effecting the
17     arrest, and to such other criminal justice agencies as may
18     be ordered by the court.
19     (8) Fees. Notwithstanding any provision of the Clerk of the
20 Courts Act to the contrary, and subject to the approval of the
21 county board, the clerk may charge a fee equivalent to the cost
22 associated with the sealing of records by the clerk and the
23 Department of State Police. The clerk shall forward the
24 Department of State Police portion of the fee to the Department
25 and it shall be deposited into the State Police Services Fund.
26     (i) Subject to available funding, the Illinois Department

 

 

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1 of Corrections shall conduct a study of the impact of sealing,
2 especially on employment and recidivism rates, utilizing a
3 random sample of those who apply for the sealing of their
4 criminal records under Public Act 93-211, in accordance to
5 rules adopted by the Department. At the request of the Illinois
6 Department of Corrections, records of the Illinois Department
7 of Employment Security shall be utilized as appropriate to
8 assist in the study. The study shall not disclose any data in a
9 manner that would allow the identification of any particular
10 individual or employing unit. The study shall be made available
11 to the General Assembly no later than September 1, 2006.
12     (j) Notwithstanding any provision of the Clerks of Courts
13 Act to the contrary, the clerk may charge a fee equivalent to
14 the cost associated with the sealing or expungement of records
15 by the clerk. From the total filing fee collected for the
16 Petition to seal or expunge, the clerk shall deposit $10 into
17 the Circuit Court Clerk Operation and Administrative Fund, to
18 be used to offset the costs incurred by the Circuit Court Clerk
19 in performing the additional duties required to serve the
20 Petition to Seal or Expunge on all parties. The clerk shall
21 also charge a filing fee equivalent to the cost of sealing or
22 expunging the record by the Department of State Police. The
23 clerk shall collect and forward the Department of State Police
24 portion of the fee to the Department and it shall be deposited
25 in the State Police Services Fund.
26 (Source: P.A. 94-556, eff. 9-11-05; 95-955, eff. 1-1-09;

 

 

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1 revised 10-28-08.)
 
2     (20 ILCS 2630/5.2 new)
3     Sec. 5.2. Expungement and sealing.
4     (a) General Provisions.
5         (1) Definitions. In this Act, words and phrases have
6     the meanings set forth in this subsection, except when a
7     particular context clearly requires a different meaning.
8             (A) The following terms shall have the meanings
9         ascribed to them in the Unified Code of Corrections,
10         730 ILCS 5/5-1-2 through 5/5-1-22:
11                 (i) Business Offense (730 ILCS 5/5-1-2),
12                 (ii) Charge (730 ILCS 5/5-1-3),
13                 (iii) Court (730 ILCS 5/5-1-6),
14                 (iv) Defendant (730 ILCS 5/5-1-7),
15                 (v) Felony (730 ILCS 5/5-1-9),
16                 (vi) Imprisonment (730 ILCS 5/5-1-10),
17                 (vii) Judgment (730 ILCS 5/5-1-12),
18                 (viii) Misdemeanor (730 ILCS 5/5-1-14),
19                 (ix) Offense (730 ILCS 5/5-1-15),
20                 (x) Parole (730 ILCS 5/5-1-16),
21                 (xi) Petty Offense (730 ILCS 5/5-1-17),
22                 (xii) Probation (730 ILCS 5/5-1-18),
23                 (xiii) Sentence (730 ILCS 5/5-1-19),
24                 (xiv) Supervision (730 ILCS 5/5-1-21), and
25                 (xv) Victim (730 ILCS 5/5-1-22).

 

 

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1             (B) As used in this Section, "charge not initiated
2         by arrest" means a charge (as defined by 730 ILCS
3         5/5-1-3) brought against a defendant where the
4         defendant is not arrested prior to or as a direct
5         result of the charge.
6             (C) "Conviction" means a judgment of conviction or
7         sentence entered upon a plea of guilty or upon a
8         verdict or finding of guilty of an offense, rendered by
9         a legally constituted jury or by a court of competent
10         jurisdiction authorized to try the case without a jury.
11         An order of supervision successfully completed by the
12         petitioner is not a conviction. An order of qualified
13         probation (as defined in subsection (a)(1)(J))
14         successfully completed by the petitioner is not a
15         conviction. An order of supervision or an order of
16         qualified probation that is terminated
17         unsatisfactorily is a conviction, unless the
18         unsatisfactory termination is reversed, vacated, or
19         modified and the judgment of conviction, if any, is
20         reversed or vacated.
21             (D) "Criminal offense" means a petty offense,
22         business offense, misdemeanor, felony, or municipal
23         ordinance violation (as defined in subsection
24         (a)(1)(H)). As used in this Section, a minor traffic
25         offense (as defined in subsection (a)(1)(G)) shall not
26         be considered a criminal offense.

 

 

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1             (E) "Expunge" means to physically destroy the
2         records or return them to the petitioner and to
3         obliterate the petitioner's name from any official
4         index or public record, or both. Nothing in this Act
5         shall require the physical destruction of the circuit
6         court file, but such records relating to arrests or
7         charges, or both, ordered expunged shall be impounded
8         as required by subsections (d)(9)(A)(ii) and
9         (d)(9)(B)(ii).
10             (F) As used in this Section, "last sentence" means
11         the sentence, order of supervision, or order of
12         qualified probation (as defined by subsection
13         (a)(1)(J)), for a criminal offense (as defined by
14         subsection (a)(1)(D)) that terminates last in time in
15         any jurisdiction, regardless of whether the petitioner
16         has included the criminal offense for which the
17         sentence or order of supervision or qualified
18         probation was imposed in his or her petition. If
19         multiple sentences, orders of supervision, or orders
20         of qualified probation terminate on the same day and
21         are last in time, they shall be collectively considered
22         the "last sentence" regardless of whether they were
23         ordered to run concurrently.
24             (G) "Minor traffic offense" means a petty offense,
25         business offense, or Class C misdemeanor under the
26         Illinois Vehicle Code or a similar provision of a

 

 

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1         municipal or local ordinance.
2             (H) "Municipal ordinance violation" means an
3         offense defined by a municipal or local ordinance that
4         is criminal in nature and with which the petitioner was
5         charged or for which the petitioner was arrested and
6         released without charging.
7             (I) "Petitioner" means an adult or a minor
8         prosecuted as an adult who has applied for relief under
9         this Section.
10             (J) "Qualified probation" means an order of
11         probation under Section 10 of the Cannabis Control Act,
12         Section 410 of the Illinois Controlled Substances Act,
13         Section 70 of the Methamphetamine Control and
14         Community Protection Act, Section 12-4.3(b)(1) and (2)
15         of the Criminal Code of 1961 (as those provisions
16         existed before their deletion by Public Act 89-313),
17         Section 10-102 of the Illinois Alcoholism and Other
18         Drug Dependency Act, Section 40-10 of the Alcoholism
19         and Other Drug Abuse and Dependency Act, or Section 10
20         of the Steroid Control Act. For the purpose of this
21         Section, "successful completion" of an order of
22         qualified probation under Section 10-102 of the
23         Illinois Alcoholism and Other Drug Dependency Act and
24         Section 40-10 of the Alcoholism and Other Drug Abuse
25         and Dependency Act means that the probation was
26         terminated satisfactorily and the judgment of

 

 

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1         conviction was vacated.
2             (K) "Seal" means to physically and electronically
3         maintain the records, unless the records would
4         otherwise be destroyed due to age, but to make the
5         records unavailable without a court order, subject to
6         the exceptions in Sections 12 and 13 of this Act. The
7         petitioner's name shall also be obliterated from the
8         official index required to be kept by the circuit court
9         clerk under Section 16 of the Clerks of Courts Act, but
10         any index issued by the circuit court clerk before the
11         entry of the order to seal shall not be affected.
12             (L) "Sexual offense committed against a minor"
13         includes but is not limited to the offenses of indecent
14         solicitation of a child or criminal sexual abuse when
15         the victim of such offense is under 18 years of age.
16             (M) "Terminate" as it relates to a sentence or
17         order of supervision or qualified probation includes
18         either satisfactory or unsatisfactory termination of
19         the sentence, unless otherwise specified in this
20         Section.
21         (2) Minor Traffic Offenses. Orders of supervision or
22     convictions for minor traffic offenses shall not affect a
23     petitioner's eligibility to expunge or seal records
24     pursuant to this Section.
25         (3) Exclusions. Except as otherwise provided in
26     subsections (b)(5), (b)(6), and (e) of this Section, the

 

 

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1     court shall not order:
2             (A) the sealing or expungement of the records of
3         arrests or charges not initiated by arrest that result
4         in an order of supervision for or conviction of: (i)
5         any sexual offense committed against a minor; (ii)
6         Section 11-501 of the Illinois Vehicle Code or a
7         similar provision of a local ordinance; or (iii)
8         Section 11-503 of the Illinois Vehicle Code or a
9         similar provision of a local ordinance.
10             (B) the sealing or expungement of records of minor
11         traffic offenses (as defined in subsection (a)(1)(G)),
12         unless the petitioner was arrested and released
13         without charging.
14             (C) the sealing of the records of arrests or
15         charges not initiated by arrest which result in an
16         order of supervision, an order of qualified probation
17         (as defined in subsection (a)(1)(J)), or a conviction
18         for the following offenses:
19                 (i) offenses included in Article 11 of the
20             Criminal Code of 1961 or a similar provision of a
21             local ordinance, except Section 11-14 of the
22             Criminal Code of 1961 or a similar provision of a
23             local ordinance;
24                 (ii) Section 12-15, 12-30, or 26-5 of the
25             Criminal Code of 1961 or a similar provision of a
26             local ordinance;

 

 

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1                 (iv) offenses defined as "crimes of violence"
2             in Section 2 of the Crime Victims Compensation Act
3             or a similar provision of a local ordinance;
4                 (v) offenses which are Class A misdemeanors
5             under the Humane Care for Animals Act; or
6                 (vi) any offense or attempted offense that
7             would subject a person to registration under the
8             Sex Offender Registration Act.
9             (D) the sealing of the records of an arrest which
10         results in the petitioner being charged with a felony
11         offense or records of a charge not initiated by arrest
12         for a felony offense, regardless of the disposition,
13         unless:
14                 (i) the charge is amended to a misdemeanor and
15             is otherwise eligible to be sealed pursuant to
16             subsection (c);
17                 (ii) the charge results in first offender
18             probation as set forth in subsection (c)(2)(E); or
19                 (iii) the charge is for a Class 4 felony
20             offense listed in subsection (c)(2)(F) or the
21             charge is amended to a Class 4 felony offense
22             listed in subsection (c)(2)(F). Records of arrests
23             which result in the petitioner being charged with a
24             Class 4 felony offense listed in subsection
25             (c)(2)(F), records of charges not initiated by
26             arrest for Class 4 felony offenses listed in

 

 

09600HB3961ham002 - 23 - LRB096 09615 RLC 24389 a

1             subsection (c)(2)(F), and records of charges
2             amended to a Class 4 felony offense listed in
3             (c)(2)(F) may be sealed, regardless of the
4             disposition, subject to any waiting periods set
5             forth in subsection (c)(3).
6     (b) Expungement.
7         (1) A petitioner may petition the circuit court to
8     expunge the records of his or her arrests and charges not
9     initiated by arrest when:
10             (A) He or she has never been convicted of a
11         criminal offense; and
12             (B) Each arrest or charge not initiated by arrest
13         sought to be expunged resulted in: (i) acquittal,
14         dismissal, or the petitioner's release without
15         charging, unless excluded by subsection (a)(3)(B);
16         (ii) a conviction which was vacated or reversed, unless
17         excluded by subsection (a)(3)(B); (iii) an order of
18         supervision and such supervision was successfully
19         completed by the petitioner, unless excluded by
20         subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
21         qualified probation (as defined in subsection
22         (a)(1)(J)) and such probation was successfully
23         completed by the petitioner.
24         (2) Time frame for filing a petition to expunge.
25             (A) When the arrest or charge not initiated by
26         arrest sought to be expunged resulted in an acquittal,

 

 

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

 

 

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1         satisfactory termination of the probation.
2         (3) Those records maintained by the Department for
3     persons arrested prior to their 17th birthday shall be
4     expunged as provided in Section 5-915 of the Juvenile Court
5     Act of 1987.
6         (4) Whenever a person has been arrested for or
7     convicted of any offense, in the name of a person whose
8     identity he or she has stolen or otherwise come into
9     possession of, the aggrieved person from whom the identity
10     was stolen or otherwise obtained without authorization,
11     upon learning of the person having been arrested using his
12     or her identity, may, upon verified petition to the chief
13     judge of the circuit wherein the arrest was made, have a
14     court order entered nunc pro tunc by the chief judge to
15     correct the arrest record, conviction record, if any, and
16     all official records of the arresting authority, the
17     Department, other criminal justice agencies, the
18     prosecutor, and the trial court concerning such arrest, if
19     any, by removing his or her name from all such records in
20     connection with the arrest and conviction, if any, and by
21     inserting in the records the name of the offender, if known
22     or ascertainable, in lieu of the aggrieved's name. The
23     records of the circuit court clerk shall be sealed until
24     further order of the court upon good cause shown and the
25     name of the aggrieved person obliterated on the official
26     index required to be kept by the circuit court clerk under

 

 

09600HB3961ham002 - 26 - LRB096 09615 RLC 24389 a

1     Section 16 of the Clerks of Courts Act, but the order shall
2     not affect any index issued by the circuit court clerk
3     before the entry of the order. Nothing in this Section
4     shall limit the Department of State Police or other
5     criminal justice agencies or prosecutors from listing
6     under an offender's name the false names he or she has
7     used.
8         (5) Whenever a person has been convicted of criminal
9     sexual assault, aggravated criminal sexual assault,
10     predatory criminal sexual assault of a child, criminal
11     sexual abuse, or aggravated criminal sexual abuse, the
12     victim of that offense may request that the State's
13     Attorney of the county in which the conviction occurred
14     file a verified petition with the presiding trial judge at
15     the petitioner's trial to have a court order entered to
16     seal the records of the circuit court clerk in connection
17     with the proceedings of the trial court concerning that
18     offense. However, the records of the arresting authority
19     and the Department of State Police concerning the offense
20     shall not be sealed. The court, upon good cause shown,
21     shall make the records of the circuit court clerk in
22     connection with the proceedings of the trial court
23     concerning the offense available for public inspection.
24         (6) If a conviction has been set aside on direct review
25     or on collateral attack and the court determines by clear
26     and convincing evidence that the petitioner was factually

 

 

09600HB3961ham002 - 27 - LRB096 09615 RLC 24389 a

1     innocent of the charge, the court shall enter an
2     expungement order as provided in subsection (b) of Section
3     5-5-4 of the Unified Code of Corrections.
4         (7) Nothing in this Section shall prevent the
5     Department of State Police from maintaining all records of
6     any person who is admitted to probation upon terms and
7     conditions and who fulfills those terms and conditions
8     pursuant to Section 10 of the Cannabis Control Act, Section
9     410 of the Illinois Controlled Substances Act, Section 70
10     of the Methamphetamine Control and Community Protection
11     Act, Section 12-4.3 of the Criminal Code of 1961, Section
12     10-102 of the Illinois Alcoholism and Other Drug Dependency
13     Act, Section 40-10 of the Alcoholism and Other Drug Abuse
14     and Dependency Act, or Section 10 of the Steroid Control
15     Act.
16     (c) Sealing.
17         (1) Applicability. Notwithstanding any other provision
18     of this Act to the contrary, and cumulative with any rights
19     to expungement of criminal records, this subsection
20     authorizes the sealing of criminal records of adults and of
21     minors prosecuted as adults.
22         (2) Eligible Records. The following records may be
23     sealed:
24             (A) All arrests resulting in release without
25         charging;
26             (B) Arrests or charges not initiated by arrest

 

 

09600HB3961ham002 - 28 - LRB096 09615 RLC 24389 a

1         resulting in acquittal, dismissal, or conviction when
2         the conviction was reversed or vacated, except as
3         excluded by subsection (a)(3)(B) or (a)(3)(D);
4             (C) Arrests or charges not initiated by arrest
5         resulting in orders of supervision successfully
6         completed by the petitioner, unless excluded by
7         subsection (a)(3);
8             (D) Arrests or charges not initiated by arrest
9         resulting in convictions unless excluded by subsection
10         (a)(3);
11             (E) Arrests or charges not initiated by arrest
12         resulting in orders of first offender probation under
13         Section 10 of the Cannabis Control Act, Section 410 of
14         the Illinois Controlled Substances Act, or Section 70
15         Methamphetamine Control and Community Protection Act;
16         and
17             (F) Arrests or charges not initiated by arrest
18         resulting in Class 4 felony convictions for the
19         following offenses:
20                 (i) Section 11-14 of the Criminal Code of 1961;
21                 (ii) Section 4 of the Cannabis Control Act;
22                 (iii) Section 402 of the Illinois Controlled
23             Substances Act;
24                 (iv) the Methamphetamine Precursor Control
25             Act; and
26                 (v) the Steroid Control Act.

 

 

09600HB3961ham002 - 29 - LRB096 09615 RLC 24389 a

1         (3) When Records Are Eligible to Be Sealed. Records
2     identified as eligible under subsection (c)(2) may be
3     sealed as follows:
4             (A) Records identified as eligible under
5         subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
6         time.
7             (B) Records identified as eligible under
8         subsection (c)(2)(C) may be sealed (i) 3 years after
9         the termination of petitioner's last sentence (as
10         defined in subsection (a)(1)(F)) if the petitioner has
11         never been convicted of a criminal offense (as defined
12         in subsection (a)(1)(D)); or (ii) 4 years after the
13         termination of the petitioner's last sentence (as
14         defined in subsection (a)(1)(F)) if the petitioner has
15         ever been convicted of a criminal offense (as defined
16         in subsection (a)(1)(D)).
17             (C) Records identified as eligible under
18         subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
19         sealed 4 years after the termination of the
20         petitioner's last sentence (as defined in subsection
21         (a)(1)(F)).
22         (4) Subsequent felony convictions. A person may not
23     have subsequent felony conviction records sealed as
24     provided in this subsection (c) if he or she is convicted
25     of any felony offense after the date of the sealing of
26     prior felony convictions as provided in this subsection

 

 

09600HB3961ham002 - 30 - LRB096 09615 RLC 24389 a

1     (c). The court may, upon conviction for a subsequent felony
2     offense, order the unsealing of prior felony conviction
3     records previously ordered sealed by the court.
4         (5) Notice of eligibility for sealing. Upon entry of a
5     disposition for an eligible record under this subsection
6     (c), the petitioner shall be informed by the court of the
7     right to have the records sealed and the procedures for the
8     sealing of the records.
9     (d) Procedure. The following procedures apply to
10 expungement under subsections (b) and (e), and sealing under
11 subsection (c):
12         (1) Filing the petition. Upon becoming eligible to
13     petition for the expungement or sealing of records under
14     this Section, the petitioner shall file a petition
15     requesting the expungement or sealing of records with the
16     clerk of the court where the arrests occurred or the
17     charges were brought, or both. If arrests occurred or
18     charges were brought in multiple jurisdictions, a petition
19     must be filed in each such jurisdiction. The petitioner
20     shall pay the applicable fee, if not waived.
21         (2) Contents of petition. The petition shall be
22     verified and shall contain the petitioner's name, date of
23     birth, current address and, for each arrest or charge not
24     initiated by arrest sought to be sealed or expunged, the
25     case number, the date of arrest (if any), the identity of
26     the arresting authority, and such other information as the

 

 

09600HB3961ham002 - 31 - LRB096 09615 RLC 24389 a

1     court may require. During the pendency of the proceeding,
2     the petitioner shall promptly notify the circuit court
3     clerk of any change of his or her address.
4         (3) Drug test. The petitioner must attach to the
5     petition proof that the petitioner has passed a test taken
6     within 30 days before the filing of the petition showing
7     the absence within his or her body of all illegal
8     substances as defined by the Illinois Controlled
9     Substances Act, the Methamphetamine Control and Community
10     Protection Act, and the Cannabis Control Act if he or she
11     is petitioning to seal felony records pursuant to clause
12     (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
13     petitioning to expunge felony records of a qualified
14     probation pursuant to clause (b)(1)(B)(iv).
15         (4) Service of petition. The circuit court clerk shall
16     promptly serve a copy of the petition on the State's
17     Attorney or prosecutor charged with the duty of prosecuting
18     the offense, the Department of State Police, the arresting
19     agency and the chief legal officer of the unit of local
20     government effecting the arrest.
21         (5) Objections.
22             (A) Any party entitled to notice of the petition
23         may file an objection to the petition. All objections
24         shall be in writing, shall be filed with the circuit
25         court clerk, and shall state with specificity the basis
26         of the objection.

 

 

09600HB3961ham002 - 32 - LRB096 09615 RLC 24389 a

1             (B) Objections to a petition to expunge or seal
2         must be filed within 60 days of the date of service of
3         the petition.
4         (6) Entry of order.
5             (A) The Chief Judge of the circuit wherein the
6         charge was brought, any judge of that circuit
7         designated by the Chief Judge, or in counties of less
8         than 3,000,000 inhabitants, the presiding trial judge
9         at the petitioner's trial, if any, shall rule on the
10         petition to expunge or seal as set forth in this
11         subsection (d)(6).
12             (B) Unless the State's Attorney or prosecutor, the
13         Department of State Police, the arresting agency, or
14         the chief legal officer files an objection to the
15         petition to expunge or seal within 60 days from the
16         date of service of the petition, the court shall enter
17         an order granting or denying the petition.
18         (7) Hearings. If an objection is filed, the court shall
19     set a date for a hearing and notify the petitioner and all
20     parties entitled to notice of the petition of the hearing
21     date at least 30 days prior to the hearing, and shall hear
22     evidence on whether the petition should or should not be
23     granted, and shall grant or deny the petition to expunge or
24     seal the records based on the evidence presented at the
25     hearing.
26         (8) Service of order. After entering an order to

 

 

09600HB3961ham002 - 33 - LRB096 09615 RLC 24389 a

1     expunge or seal records, the court must provide copies of
2     the order to the Department, in a form and manner
3     prescribed by the Department, to the petitioner, to the
4     State's Attorney or prosecutor charged with the duty of
5     prosecuting the offense, to the arresting agency, to the
6     chief legal officer of the unit of local government
7     effecting the arrest, and to such other criminal justice
8     agencies as may be ordered by the court.
9         (9) Effect of order.
10             (A) Upon entry of an order to expunge records
11         pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
12                 (i) the records shall be expunged (as defined
13             in subsection (a)(1)(E)) by the arresting agency,
14             the Department, and any other agency as ordered by
15             the court, within 60 days of the date of service of
16             the order, unless a motion to vacate, modify, or
17             reconsider the order is filed pursuant to
18             paragraph (12) of subsection (d) of this Section;
19                 (ii) the records of the circuit court clerk
20             shall be impounded until further order of the court
21             upon good cause shown and the name of the
22             petitioner obliterated on the official index
23             required to be kept by the circuit court clerk
24             under Section 16 of the Clerks of Courts Act, but
25             the order shall not affect any index issued by the
26             circuit court clerk before the entry of the order;

 

 

09600HB3961ham002 - 34 - LRB096 09615 RLC 24389 a

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

 

 

09600HB3961ham002 - 35 - LRB096 09615 RLC 24389 a

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

 

 

09600HB3961ham002 - 36 - LRB096 09615 RLC 24389 a

1     fee equivalent to the cost of processing any order to
2     expunge or seal records. Notwithstanding any provision of
3     the Clerks of Courts Act to the contrary, the circuit court
4     clerk may charge a fee equivalent to the cost associated
5     with the sealing or expungement of records by the circuit
6     court clerk. From the total filing fee collected for the
7     petition to seal or expunge, the circuit court clerk shall
8     deposit $10 into the Circuit Court Clerk Operation and
9     Administrative Fund, to be used to offset the costs
10     incurred by the circuit court clerk in performing the
11     additional duties required to serve the petition to seal or
12     expunge on all parties. The circuit court clerk shall
13     collect and forward the Department of State Police portion
14     of the fee to the Department and it shall be deposited in
15     the State Police Services Fund.
16         (11) Final Order. No court order issued under the
17     expungement or sealing provisions of this Section shall
18     become final for purposes of appeal until 30 days after
19     service of the order on the petitioner and all parties
20     entitled to notice of the petition.
21         (12) Motion to Vacate, Modify, or Reconsider. The
22     petitioner or any party entitled to notice may file a
23     motion to vacate, modify, or reconsider the order granting
24     or denying the petition to expunge or seal within 60 days
25     of service of the order.
26     (e) Whenever a person who has been convicted of an offense

 

 

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

 

 

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1 pardoned.
2     (f) Subject to available funding, the Illinois Department
3 of Corrections shall conduct a study of the impact of sealing,
4 especially on employment and recidivism rates, utilizing a
5 random sample of those who apply for the sealing of their
6 criminal records under Public Act 93-211. At the request of the
7 Illinois Department of Corrections, records of the Illinois
8 Department of Employment Security shall be utilized as
9 appropriate to assist in the study. The study shall not
10 disclose any data in a manner that would allow the
11 identification of any particular individual or employing unit.
12 The study shall be made available to the General Assembly no
13 later than September 1, 2010.
 
14     (20 ILCS 2630/13)
15     Sec. 13. Retention and release of sealed records.
16     (a) The Department of State Police shall retain records
17 sealed under subsection (c) (h) of Section 5.2 5 and shall
18 release them only as authorized by this Act. Felony records
19 sealed under subsection (c) (h) of Section 5.2 5 shall be used
20 and disseminated by the Department only as otherwise
21 specifically required or authorized by a federal or State law,
22 rule, or regulation that requires inquiry into and release of
23 criminal records, including, but not limited to, subsection (A)
24 of Section 3 of this Act. However, all requests for records
25 that have been expunged, sealed, and impounded and the use of

 

 

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1 those records are subject to the provisions of Section 2-103 of
2 the Illinois Human Rights Act. Upon conviction for any offense,
3 the Department of Corrections shall have access to all sealed
4 records of the Department pertaining to that individual.
5     (b) Notwithstanding the foregoing, all sealed records are
6 subject to inspection and use by the court and inspection and
7 use by law enforcement agencies and State's Attorneys or other
8 prosecutors in carrying out the duties of their offices.
9     (c) The sealed records maintained under subsection (a) are
10 exempt from disclosure under the Freedom of Information Act.
11     (d) The Department of State Police shall commence the
12 sealing of records of felony arrests and felony convictions
13 pursuant to the provisions of subsection (c) (h) of Section 5.2
14 5 of this Act no later than one year from the date that funds
15 have been made available for purposes of establishing the
16 technologies necessary to implement the changes made by this
17 amendatory Act of the 93rd General Assembly.
18 (Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)
 
19     (20 ILCS 2630/14 new)
20     Sec. 14. Expungement Backlog Accountability Law.
21     (a) On or before August 1 of each year, the Department of
22 State Police shall report to the Governor, the Attorney
23 General, the Office of the State Appellate Defender, and both
24 houses of the General Assembly the following information for
25 the previous fiscal year:

 

 

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1         (1) the number of petitions to expunge received by the
2     Department;
3         (2) the number of petitions to expunge to which the
4     Department objected pursuant to subdivision (d)(5)(B) of
5     Section 5.2 of this Act;
6         (3) the number of petitions to seal records received by
7     the Department;
8         (4) the number of petitions to seal records to which
9     the Department objected pursuant to subdivision (d)(5)(B)
10     of Section 5.2 of this Act;
11         (5) the number of orders to expunge received by the
12     Department;
13         (6) the number of orders to expunge to which the
14     Department successfully filed a motion to vacate, modify or
15     reconsider under paragraph (12) of subsection (d) of
16     Section 5.2 of this Act;
17         (7) the number of orders to expunge records entered by
18     the Department;
19         (8) the number of orders to seal records received by
20     the Department;
21         (9) the number of orders to seal records to which the
22     Department successfully filed a motion to vacate, modify or
23     reconsider under paragraph (12) of subsection (d) of
24     Section 5.2 of this Act;
25         (10) the number of orders to seal records entered by
26     the Department;

 

 

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1         (11) the amount of fees received by the Department
2     pursuant to subdivision (d)(10) of Section 5.2 of this Act
3     and deposited into the State Police Services Fund;
4         (12) the number of orders to expunge or to seal records
5     received by the Department that have not been entered as of
6     June 30 of the previous fiscal year.
7     (b) The information reported under this Section shall be
8 made available to the public, at the time it is reported, on
9 the official web site of the Department of State Police.
 
10     Section 10. The Unified Code of Corrections is amended by
11 changing Section 5-6-3.1 as follows:
 
12     (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
13     (Text of Section after amendment by P.A. 95-983)
14     Sec. 5-6-3.1. Incidents and Conditions of Supervision.
15     (a) When a defendant is placed on supervision, the court
16 shall enter an order for supervision specifying the period of
17 such supervision, and shall defer further proceedings in the
18 case until the conclusion of the period.
19     (b) The period of supervision shall be reasonable under all
20 of the circumstances of the case, but may not be longer than 2
21 years, unless the defendant has failed to pay the assessment
22 required by Section 10.3 of the Cannabis Control Act, Section
23 411.2 of the Illinois Controlled Substances Act, or Section 80
24 of the Methamphetamine Control and Community Protection Act, in

 

 

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1 which case the court may extend supervision beyond 2 years.
2 Additionally, the court shall order the defendant to perform no
3 less than 30 hours of community service and not more than 120
4 hours of community service, if community service is available
5 in the jurisdiction and is funded and approved by the county
6 board where the offense was committed, when the offense (1) was
7 related to or in furtherance of the criminal activities of an
8 organized gang or was motivated by the defendant's membership
9 in or allegiance to an organized gang; or (2) is a violation of
10 any Section of Article 24 of the Criminal Code of 1961 where a
11 disposition of supervision is not prohibited by Section 5-6-1
12 of this Code. The community service shall include, but not be
13 limited to, the cleanup and repair of any damage caused by
14 violation of Section 21-1.3 of the Criminal Code of 1961 and
15 similar damages to property located within the municipality or
16 county in which the violation occurred. Where possible and
17 reasonable, the community service should be performed in the
18 offender's neighborhood.
19     For the purposes of this Section, "organized gang" has the
20 meaning ascribed to it in Section 10 of the Illinois Streetgang
21 Terrorism Omnibus Prevention Act.
22     (c) The court may in addition to other reasonable
23 conditions relating to the nature of the offense or the
24 rehabilitation of the defendant as determined for each
25 defendant in the proper discretion of the court require that
26 the person:

 

 

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1         (1) make a report to and appear in person before or
2     participate with the court or such courts, person, or
3     social service agency as directed by the court in the order
4     of supervision;
5         (2) pay a fine and costs;
6         (3) work or pursue a course of study or vocational
7     training;
8         (4) undergo medical, psychological or psychiatric
9     treatment; or treatment for drug addiction or alcoholism;
10         (5) attend or reside in a facility established for the
11     instruction or residence of defendants on probation;
12         (6) support his dependents;
13         (7) refrain from possessing a firearm or other
14     dangerous weapon;
15         (8) and in addition, if a minor:
16             (i) reside with his parents or in a foster home;
17             (ii) attend school;
18             (iii) attend a non-residential program for youth;
19             (iv) contribute to his own support at home or in a
20         foster home; or
21             (v) with the consent of the superintendent of the
22         facility, attend an educational program at a facility
23         other than the school in which the offense was
24         committed if he or she is placed on supervision for a
25         crime of violence as defined in Section 2 of the Crime
26         Victims Compensation Act committed in a school, on the

 

 

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1         real property comprising a school, or within 1,000 feet
2         of the real property comprising a school;
3         (9) make restitution or reparation in an amount not to
4     exceed actual loss or damage to property and pecuniary loss
5     or make restitution under Section 5-5-6 to a domestic
6     violence shelter. The court shall determine the amount and
7     conditions of payment;
8         (10) perform some reasonable public or community
9     service;
10         (11) comply with the terms and conditions of an order
11     of protection issued by the court pursuant to the Illinois
12     Domestic Violence Act of 1986 or an order of protection
13     issued by the court of another state, tribe, or United
14     States territory. If the court has ordered the defendant to
15     make a report and appear in person under paragraph (1) of
16     this subsection, a copy of the order of protection shall be
17     transmitted to the person or agency so designated by the
18     court;
19         (12) reimburse any "local anti-crime program" as
20     defined in Section 7 of the Anti-Crime Advisory Council Act
21     for any reasonable expenses incurred by the program on the
22     offender's case, not to exceed the maximum amount of the
23     fine authorized for the offense for which the defendant was
24     sentenced;
25         (13) contribute a reasonable sum of money, not to
26     exceed the maximum amount of the fine authorized for the

 

 

09600HB3961ham002 - 45 - LRB096 09615 RLC 24389 a

1     offense for which the defendant was sentenced, (i) to a
2     "local anti-crime program", as defined in Section 7 of the
3     Anti-Crime Advisory Council Act, or (ii) for offenses under
4     the jurisdiction of the Department of Natural Resources, to
5     the fund established by the Department of Natural Resources
6     for the purchase of evidence for investigation purposes and
7     to conduct investigations as outlined in Section 805-105 of
8     the Department of Natural Resources (Conservation) Law;
9         (14) refrain from entering into a designated
10     geographic area except upon such terms as the court finds
11     appropriate. Such terms may include consideration of the
12     purpose of the entry, the time of day, other persons
13     accompanying the defendant, and advance approval by a
14     probation officer;
15         (15) refrain from having any contact, directly or
16     indirectly, with certain specified persons or particular
17     types of person, including but not limited to members of
18     street gangs and drug users or dealers;
19         (16) refrain from having in his or her body the
20     presence of any illicit drug prohibited by the Cannabis
21     Control Act, the Illinois Controlled Substances Act, or the
22     Methamphetamine Control and Community Protection Act,
23     unless prescribed by a physician, and submit samples of his
24     or her blood or urine or both for tests to determine the
25     presence of any illicit drug;
26         (17) refrain from operating any motor vehicle not

 

 

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1     equipped with an ignition interlock device as defined in
2     Section 1-129.1 of the Illinois Vehicle Code; under this
3     condition the court may allow a defendant who is not
4     self-employed to operate a vehicle owned by the defendant's
5     employer that is not equipped with an ignition interlock
6     device in the course and scope of the defendant's
7     employment; and
8         (18) if placed on supervision for a sex offense as
9     defined in subsection (a-5) of Section 3-1-2 of this Code,
10     unless the offender is a parent or guardian of the person
11     under 18 years of age present in the home and no
12     non-familial minors are present, not participate in a
13     holiday event involving children under 18 years of age,
14     such as distributing candy or other items to children on
15     Halloween, wearing a Santa Claus costume on or preceding
16     Christmas, being employed as a department store Santa
17     Claus, or wearing an Easter Bunny costume on or preceding
18     Easter.
19     (d) The court shall defer entering any judgment on the
20 charges until the conclusion of the supervision.
21     (e) At the conclusion of the period of supervision, if the
22 court determines that the defendant has successfully complied
23 with all of the conditions of supervision, the court shall
24 discharge the defendant and enter a judgment dismissing the
25 charges.
26     (f) Discharge and dismissal upon a successful conclusion of

 

 

09600HB3961ham002 - 47 - LRB096 09615 RLC 24389 a

1 a disposition of supervision shall be deemed without
2 adjudication of guilt and shall not be termed a conviction for
3 purposes of disqualification or disabilities imposed by law
4 upon conviction of a crime. Two years after the discharge and
5 dismissal under this Section, unless the disposition of
6 supervision was for a violation of Sections 3-707, 3-708,
7 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
8 similar provision of a local ordinance, or for a violation of
9 Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which
10 case it shall be 5 years after discharge and dismissal, a
11 person may have his record of arrest sealed or expunged as may
12 be provided by law. However, any defendant placed on
13 supervision before January 1, 1980, may move for sealing or
14 expungement of his arrest record, as provided by law, at any
15 time after discharge and dismissal under this Section. A person
16 placed on supervision for a sexual offense committed against a
17 minor as defined in clause (a)(1)(L) subsection (g) of Section
18 5.2 5 of the Criminal Identification Act or for a violation of
19 Section 11-501 of the Illinois Vehicle Code or a similar
20 provision of a local ordinance shall not have his or her record
21 of arrest sealed or expunged.
22     (g) A defendant placed on supervision and who during the
23 period of supervision undergoes mandatory drug or alcohol
24 testing, or both, or is assigned to be placed on an approved
25 electronic monitoring device, shall be ordered to pay the costs
26 incidental to such mandatory drug or alcohol testing, or both,

 

 

09600HB3961ham002 - 48 - LRB096 09615 RLC 24389 a

1 and costs incidental to such approved electronic monitoring in
2 accordance with the defendant's ability to pay those costs. The
3 county board with the concurrence of the Chief Judge of the
4 judicial circuit in which the county is located shall establish
5 reasonable fees for the cost of maintenance, testing, and
6 incidental expenses related to the mandatory drug or alcohol
7 testing, or both, and all costs incidental to approved
8 electronic monitoring, of all defendants placed on
9 supervision. The concurrence of the Chief Judge shall be in the
10 form of an administrative order. The fees shall be collected by
11 the clerk of the circuit court. The clerk of the circuit court
12 shall pay all moneys collected from these fees to the county
13 treasurer who shall use the moneys collected to defray the
14 costs of drug testing, alcohol testing, and electronic
15 monitoring. The county treasurer shall deposit the fees
16 collected in the county working cash fund under Section 6-27001
17 or Section 6-29002 of the Counties Code, as the case may be.
18     (h) A disposition of supervision is a final order for the
19 purposes of appeal.
20     (i) The court shall impose upon a defendant placed on
21 supervision after January 1, 1992 or to community service under
22 the supervision of a probation or court services department
23 after January 1, 2004, as a condition of supervision or
24 supervised community service, a fee of $50 for each month of
25 supervision or supervised community service ordered by the
26 court, unless after determining the inability of the person

 

 

09600HB3961ham002 - 49 - LRB096 09615 RLC 24389 a

1 placed on supervision or supervised community service to pay
2 the fee, the court assesses a lesser fee. The court may not
3 impose the fee on a minor who is made a ward of the State under
4 the Juvenile Court Act of 1987 while the minor is in placement.
5 The fee shall be imposed only upon a defendant who is actively
6 supervised by the probation and court services department. The
7 fee shall be collected by the clerk of the circuit court. The
8 clerk of the circuit court shall pay all monies collected from
9 this fee to the county treasurer for deposit in the probation
10 and court services fund pursuant to Section 15.1 of the
11 Probation and Probation Officers Act.
12     A circuit court may not impose a probation fee in excess of
13 $25 per month unless: (1) the circuit court has adopted, by
14 administrative order issued by the chief judge, a standard
15 probation fee guide determining an offender's ability to pay,
16 under guidelines developed by the Administrative Office of the
17 Illinois Courts; and (2) the circuit court has authorized, by
18 administrative order issued by the chief judge, the creation of
19 a Crime Victim's Services Fund, to be administered by the Chief
20 Judge or his or her designee, for services to crime victims and
21 their families. Of the amount collected as a probation fee, not
22 to exceed $5 of that fee collected per month may be used to
23 provide services to crime victims and their families.
24     (j) All fines and costs imposed under this Section for any
25 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
26 Code, or a similar provision of a local ordinance, and any

 

 

09600HB3961ham002 - 50 - LRB096 09615 RLC 24389 a

1 violation of the Child Passenger Protection Act, or a similar
2 provision of a local ordinance, shall be collected and
3 disbursed by the circuit clerk as provided under Section 27.5
4 of the Clerks of Courts Act.
5     (k) A defendant at least 17 years of age who is placed on
6 supervision for a misdemeanor in a county of 3,000,000 or more
7 inhabitants and who has not been previously convicted of a
8 misdemeanor or felony may as a condition of his or her
9 supervision be required by the court to attend educational
10 courses designed to prepare the defendant for a high school
11 diploma and to work toward a high school diploma or to work
12 toward passing the high school level Test of General
13 Educational Development (GED) or to work toward completing a
14 vocational training program approved by the court. The
15 defendant placed on supervision must attend a public
16 institution of education to obtain the educational or
17 vocational training required by this subsection (k). The
18 defendant placed on supervision shall be required to pay for
19 the cost of the educational courses or GED test, if a fee is
20 charged for those courses or test. The court shall revoke the
21 supervision of a person who wilfully fails to comply with this
22 subsection (k). The court shall resentence the defendant upon
23 revocation of supervision as provided in Section 5-6-4. This
24 subsection (k) does not apply to a defendant who has a high
25 school diploma or has successfully passed the GED test. This
26 subsection (k) does not apply to a defendant who is determined

 

 

09600HB3961ham002 - 51 - LRB096 09615 RLC 24389 a

1 by the court to be developmentally disabled or otherwise
2 mentally incapable of completing the educational or vocational
3 program.
4     (l) The court shall require a defendant placed on
5 supervision for possession of a substance prohibited by the
6 Cannabis Control Act, the Illinois Controlled Substances Act,
7 or the Methamphetamine Control and Community Protection Act
8 after a previous conviction or disposition of supervision for
9 possession of a substance prohibited by the Cannabis Control
10 Act, the Illinois Controlled Substances Act, or the
11 Methamphetamine Control and Community Protection Act or a
12 sentence of probation under Section 10 of the Cannabis Control
13 Act or Section 410 of the Illinois Controlled Substances Act
14 and after a finding by the court that the person is addicted,
15 to undergo treatment at a substance abuse program approved by
16 the court.
17     (m) The Secretary of State shall require anyone placed on
18 court supervision for a violation of Section 3-707 of the
19 Illinois Vehicle Code or a similar provision of a local
20 ordinance to give proof of his or her financial responsibility
21 as defined in Section 7-315 of the Illinois Vehicle Code. The
22 proof shall be maintained by the individual in a manner
23 satisfactory to the Secretary of State for a minimum period of
24 3 years after the date the proof is first filed. The proof
25 shall be limited to a single action per arrest and may not be
26 affected by any post-sentence disposition. The Secretary of

 

 

09600HB3961ham002 - 52 - LRB096 09615 RLC 24389 a

1 State shall suspend the driver's license of any person
2 determined by the Secretary to be in violation of this
3 subsection.
4     (n) Any offender placed on supervision for any offense that
5 the court or probation department has determined to be sexually
6 motivated as defined in the Sex Offender Management Board Act
7 shall be required to refrain from any contact, directly or
8 indirectly, with any persons specified by the court and shall
9 be available for all evaluations and treatment programs
10 required by the court or the probation department.
11     (o) An offender placed on supervision for a sex offense as
12 defined in the Sex Offender Management Board Act shall refrain
13 from residing at the same address or in the same condominium
14 unit or apartment unit or in the same condominium complex or
15 apartment complex with another person he or she knows or
16 reasonably should know is a convicted sex offender or has been
17 placed on supervision for a sex offense. The provisions of this
18 subsection (o) do not apply to a person convicted of a sex
19 offense who is placed in a Department of Corrections licensed
20 transitional housing facility for sex offenders.
21     (p) An offender placed on supervision for an offense
22 committed on or after June 1, 2008 (the effective date of
23 Public Act 95-464) that would qualify the accused as a child
24 sex offender as defined in Section 11-9.3 or 11-9.4 of the
25 Criminal Code of 1961 shall refrain from communicating with or
26 contacting, by means of the Internet, a person who is not

 

 

09600HB3961ham002 - 53 - LRB096 09615 RLC 24389 a

1 related to the accused and whom the accused reasonably believes
2 to be under 18 years of age. For purposes of this subsection
3 (p), "Internet" has the meaning ascribed to it in Section 16J-5
4 of the Criminal Code of 1961; and a person is not related to
5 the accused if the person is not: (i) the spouse, brother, or
6 sister of the accused; (ii) a descendant of the accused; (iii)
7 a first or second cousin of the accused; or (iv) a step-child
8 or adopted child of the accused.
9     (q) An offender placed on supervision for an offense
10 committed on or after June 1, 2008 (the effective date of
11 Public Act 95-464) that would qualify the accused as a child
12 sex offender as defined in Section 11-9.3 or 11-9.4 of the
13 Criminal Code of 1961 shall, if so ordered by the court,
14 refrain from communicating with or contacting, by means of the
15 Internet, a person who is related to the accused and whom the
16 accused reasonably believes to be under 18 years of age. For
17 purposes of this subsection (q), "Internet" has the meaning
18 ascribed to it in Section 16J-5 of the Criminal Code of 1961;
19 and a person is related to the accused if the person is: (i)
20 the spouse, brother, or sister of the accused; (ii) a
21 descendant of the accused; (iii) a first or second cousin of
22 the accused; or (iv) a step-child or adopted child of the
23 accused.
24     (r) An offender placed on supervision for an offense under
25 Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of
26 the Criminal Code of 1961, or any attempt to commit any of

 

 

09600HB3961ham002 - 54 - LRB096 09615 RLC 24389 a

1 these offenses, committed on or after the effective date of
2 this amendatory Act of the 95th General Assembly shall:
3         (i) not access or use a computer or any other device
4     with Internet capability without the prior written
5     approval of the court, except in connection with the
6     offender's employment or search for employment with the
7     prior approval of the court;
8         (ii) submit to periodic unannounced examinations of
9     the offender's computer or any other device with Internet
10     capability by the offender's probation officer, a law
11     enforcement officer, or assigned computer or information
12     technology specialist, including the retrieval and copying
13     of all data from the computer or device and any internal or
14     external peripherals and removal of such information,
15     equipment, or device to conduct a more thorough inspection;
16         (iii) submit to the installation on the offender's
17     computer or device with Internet capability, at the
18     offender's expense, of one or more hardware or software
19     systems to monitor the Internet use; and
20         (iv) submit to any other appropriate restrictions
21     concerning the offender's use of or access to a computer or
22     any other device with Internet capability imposed by the
23     court.
24 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
25 94-556, eff. 9-11-05; 95-211, eff. 1-1-08; 95-331, eff.
26 8-21-07; 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff.

 

 

09600HB3961ham002 - 55 - LRB096 09615 RLC 24389 a

1 8-21-08; 95-983, eff. 6-1-09.)
 
2     Section 15. The Illinois Human Rights Act is amended by
3 changing Section 2-103 as follows:
 
4     (775 ILCS 5/2-103)  (from Ch. 68, par. 2-103)
5     Sec. 2-103. Arrest Record.
6     (A) Unless otherwise authorized by law, it is a civil
7 rights violation for any employer, employment agency or labor
8 organization to inquire into or to use the fact of an arrest or
9 criminal history record information ordered expunged, sealed
10 or impounded under Section 5.2 5 of the Criminal Identification
11 Act as a basis to refuse to hire, to segregate, or to act with
12 respect to recruitment, hiring, promotion, renewal of
13 employment, selection for training or apprenticeship,
14 discharge, discipline, tenure or terms, privileges or
15 conditions of employment. This Section does not prohibit a
16 State agency, unit of local government or school district, or
17 private organization from requesting or utilizing sealed
18 felony conviction information obtained from the Department of
19 State Police under the provisions of Section 3 of the Criminal
20 Identification Act or under other State or federal laws or
21 regulations that require criminal background checks in
22 evaluating the qualifications and character of an employee or a
23 prospective employee.
24     (B) The prohibition against the use of the fact of an

 

 

09600HB3961ham002 - 56 - LRB096 09615 RLC 24389 a

1 arrest contained in this Section shall not be construed to
2 prohibit an employer, employment agency, or labor organization
3 from obtaining or using other information which indicates that
4 a person actually engaged in the conduct for which he or she
5 was arrested.
6 (Source: P.A. 93-1084, eff. 6-1-05.)".