HB6460 EnrolledLRB096 21102 RLC 36953 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

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1                (x) Parole (730 ILCS 5/5-1-16),
2                (xi) Petty Offense (730 ILCS 5/5-1-17),
3                (xii) Probation (730 ILCS 5/5-1-18),
4                (xiii) Sentence (730 ILCS 5/5-1-19),
5                (xiv) Supervision (730 ILCS 5/5-1-21), and
6                (xv) Victim (730 ILCS 5/5-1-22).
7            (B) As used in this Section, "charge not initiated
8        by arrest" means a charge (as defined by 730 ILCS
9        5/5-1-3) brought against a defendant where the
10        defendant is not arrested prior to or as a direct
11        result of the charge.
12            (C) "Conviction" means a judgment of conviction or
13        sentence entered upon a plea of guilty or upon a
14        verdict or finding of guilty of an offense, rendered by
15        a legally constituted jury or by a court of competent
16        jurisdiction authorized to try the case without a jury.
17        An order of supervision successfully completed by the
18        petitioner is not a conviction. An order of qualified
19        probation (as defined in subsection (a)(1)(J))
20        successfully completed by the petitioner is not a
21        conviction. An order of supervision or an order of
22        qualified probation that is terminated
23        unsatisfactorily is a conviction, unless the
24        unsatisfactory termination is reversed, vacated, or
25        modified and the judgment of conviction, if any, is
26        reversed or vacated.

 

 

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

 

 

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1        are last in time, they shall be collectively considered
2        the "last sentence" regardless of whether they were
3        ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (H) "Municipal ordinance violation" means an
9        offense defined by a municipal or local ordinance that
10        is criminal in nature and with which the petitioner was
11        charged or for which the petitioner was arrested and
12        released without charging.
13            (I) "Petitioner" means an adult or a minor
14        prosecuted as an adult who has applied for relief under
15        this Section.
16            (J) "Qualified probation" means an order of
17        probation under Section 10 of the Cannabis Control Act,
18        Section 410 of the Illinois Controlled Substances Act,
19        Section 70 of the Methamphetamine Control and
20        Community Protection Act, Section 12-4.3(b)(1) and (2)
21        of the Criminal Code of 1961 (as those provisions
22        existed before their deletion by Public Act 89-313),
23        Section 10-102 of the Illinois Alcoholism and Other
24        Drug Dependency Act, Section 40-10 of the Alcoholism
25        and Other Drug Abuse and Dependency Act, or Section 10
26        of the Steroid Control Act. For the purpose of this

 

 

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1        Section, "successful completion" of an order of
2        qualified probation under Section 10-102 of the
3        Illinois Alcoholism and Other Drug Dependency Act and
4        Section 40-10 of the Alcoholism and Other Drug Abuse
5        and Dependency Act means that the probation was
6        terminated satisfactorily and the judgment of
7        conviction was vacated.
8            (K) "Seal" means to physically and electronically
9        maintain the records, unless the records would
10        otherwise be destroyed due to age, but to make the
11        records unavailable without a court order, subject to
12        the exceptions in Sections 12 and 13 of this Act. The
13        petitioner's name shall also be obliterated from the
14        official index required to be kept by the circuit court
15        clerk under Section 16 of the Clerks of Courts Act, but
16        any index issued by the circuit court clerk before the
17        entry of the order to seal shall not be affected.
18            (L) "Sexual offense committed against a minor"
19        includes but is not limited to the offenses of indecent
20        solicitation of a child or criminal sexual abuse when
21        the victim of such offense is under 18 years of age.
22            (M) "Terminate" as it relates to a sentence or
23        order of supervision or qualified probation includes
24        either satisfactory or unsatisfactory termination of
25        the sentence, unless otherwise specified in this
26        Section.

 

 

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

 

 

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1            local ordinance, except Section 11-14 of the
2            Criminal Code of 1961 or a similar provision of a
3            local ordinance;
4                (ii) Section 12-15, 12-30, or 26-5 of the
5            Criminal Code of 1961 or a similar provision of a
6            local ordinance;
7                (iii) offenses defined as "crimes of violence"
8            in Section 2 of the Crime Victims Compensation Act
9            or a similar provision of a local ordinance;
10                (iv) offenses which are Class A misdemeanors
11            under the Humane Care for Animals Act; or
12                (v) any offense or attempted offense that
13            would subject a person to registration under the
14            Sex Offender Registration Act.
15            (D) the sealing of the records of an arrest which
16        results in the petitioner being charged with a felony
17        offense or records of a charge not initiated by arrest
18        for a felony offense, regardless of the disposition,
19        unless:
20                (i) the charge is amended to a misdemeanor and
21            is otherwise eligible to be sealed pursuant to
22            subsection (c);
23                (ii) the charge results in first offender
24            probation as set forth in subsection (c)(2)(E); or
25                (iii) the charge is for a Class 4 felony
26            offense listed in subsection (c)(2)(F) or the

 

 

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

 

 

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1        qualified probation (as defined in subsection
2        (a)(1)(J)) and such probation was successfully
3        completed by the petitioner.
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 a
18            similar provision of a local ordinance, or under
19            Section 12-3.2, or 12-15 or 16A-3 of the Criminal
20            Code of 1961, shall not be eligible for expungement
21            until 5 years have passed following the
22            satisfactory termination of the supervision.
23                (ii) Those arrests or charges that resulted in
24            orders of supervision for any other offenses shall
25            not be eligible for expungement until 2 years have
26            passed following the satisfactory termination of

 

 

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1            the supervision.
2            (C) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an order of
4        qualified probation, successfully completed by the
5        petitioner, such records shall not be eligible for
6        expungement until 5 years have passed following the
7        satisfactory termination of the probation.
8        (3) Those records maintained by the Department for
9    persons arrested prior to their 17th birthday shall be
10    expunged as provided in Section 5-915 of the Juvenile Court
11    Act of 1987.
12        (4) Whenever a person has been arrested for or
13    convicted of any offense, in the name of a person whose
14    identity he or she has stolen or otherwise come into
15    possession of, the aggrieved person from whom the identity
16    was stolen or otherwise obtained without authorization,
17    upon learning of the person having been arrested using his
18    or her identity, may, upon verified petition to the chief
19    judge of the circuit wherein the arrest was made, have a
20    court order entered nunc pro tunc by the Chief Judge to
21    correct the arrest record, conviction record, if any, and
22    all official records of the arresting authority, the
23    Department, other criminal justice agencies, the
24    prosecutor, and the trial court concerning such arrest, if
25    any, by removing his or her name from all such records in
26    connection with the arrest and conviction, if any, and by

 

 

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

 

 

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1    shall make the records of the circuit court clerk in
2    connection with the proceedings of the trial court
3    concerning the offense available for public inspection.
4        (6) If a conviction has been set aside on direct review
5    or on collateral attack and the court determines by clear
6    and convincing evidence that the petitioner was factually
7    innocent of the charge, the court shall enter an
8    expungement order as provided in subsection (b) of Section
9    5-5-4 of the Unified Code of Corrections.
10        (7) Nothing in this Section shall prevent the
11    Department of State Police from maintaining all records of
12    any person who is admitted to probation upon terms and
13    conditions and who fulfills those terms and conditions
14    pursuant to Section 10 of the Cannabis Control Act, Section
15    410 of the Illinois Controlled Substances Act, Section 70
16    of the Methamphetamine Control and Community Protection
17    Act, Section 12-4.3 of the Criminal Code of 1961, Section
18    10-102 of the Illinois Alcoholism and Other Drug Dependency
19    Act, Section 40-10 of the Alcoholism and Other Drug Abuse
20    and Dependency Act, or Section 10 of the Steroid Control
21    Act.
22    (c) Sealing.
23        (1) Applicability. Notwithstanding any other provision
24    of this Act to the contrary, and cumulative with any rights
25    to expungement of criminal records, this subsection
26    authorizes the sealing of criminal records of adults and of

 

 

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1    minors prosecuted as adults.
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) or (a)(3)(D);
10            (C) Arrests or charges not initiated by arrest
11        resulting in orders of supervision successfully
12        completed by the petitioner, unless excluded by
13        subsection (a)(3);
14            (D) Arrests or charges not initiated by arrest
15        resulting in convictions unless excluded by subsection
16        (a)(3);
17            (E) Arrests or charges not initiated by arrest
18        resulting in orders of first offender probation under
19        Section 10 of the Cannabis Control Act, Section 410 of
20        the Illinois Controlled Substances Act, or Section 70
21        of the Methamphetamine Control and Community
22        Protection Act; and
23            (F) Arrests or charges not initiated by arrest
24        resulting in Class 4 felony convictions for the
25        following offenses:
26                (i) Section 11-14 of the Criminal Code of 1961;

 

 

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1                (ii) Section 4 of the Cannabis Control Act;
2                (iii) Section 402 of the Illinois Controlled
3            Substances Act;
4                (iv) the Methamphetamine Precursor Control
5            Act; and
6                (v) the Steroid Control Act.
7        (3) When Records Are Eligible to Be Sealed. Records
8    identified as eligible under subsection (c)(2) may be
9    sealed as follows:
10            (A) Records identified as eligible under
11        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
12        time.
13            (B) Records identified as eligible under
14        subsection (c)(2)(C) may be sealed (i) 3 years after
15        the termination of petitioner's last sentence (as
16        defined in subsection (a)(1)(F)) if the petitioner has
17        never been convicted of a criminal offense (as defined
18        in subsection (a)(1)(D)); or (ii) 4 years after the
19        termination of the petitioner's last sentence (as
20        defined in subsection (a)(1)(F)) if the petitioner has
21        ever been convicted of a criminal offense (as defined
22        in subsection (a)(1)(D)).
23            (C) Records identified as eligible under
24        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
25        sealed 4 years after the termination of the
26        petitioner's last sentence (as defined in subsection

 

 

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1        (a)(1)(F)).
2        (4) Subsequent felony convictions. A person may not
3    have subsequent felony conviction records sealed as
4    provided in this subsection (c) if he or she is convicted
5    of any felony offense after the date of the sealing of
6    prior felony convictions as provided in this subsection
7    (c). The court may, upon conviction for a subsequent felony
8    offense, order the unsealing of prior felony conviction
9    records previously ordered sealed by the court.
10        (5) Notice of eligibility for sealing. Upon entry of a
11    disposition for an eligible record under this subsection
12    (c), the petitioner shall be informed by the court of the
13    right to have the records sealed and the procedures for the
14    sealing of the records.
15    (d) Procedure. The following procedures apply to
16expungement under subsections (b) and (e), and sealing under
17subsection (c):
18        (1) Filing the petition. Upon becoming eligible to
19    petition for the expungement or sealing of records under
20    this Section, the petitioner shall file a petition
21    requesting the expungement or sealing of records with the
22    clerk of the court where the arrests occurred or the
23    charges were brought, or both. If arrests occurred or
24    charges were brought in multiple jurisdictions, a petition
25    must be filed in each such jurisdiction. The petitioner
26    shall pay the applicable fee, if not waived.

 

 

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1        (2) Contents of petition. The petition shall be
2    verified and shall contain the petitioner's name, date of
3    birth, current address and, for each arrest or charge not
4    initiated by arrest sought to be sealed or expunged, the
5    case number, the date of arrest (if any), the identity of
6    the arresting authority, and such other information as the
7    court may require. During the pendency of the proceeding,
8    the petitioner shall promptly notify the circuit court
9    clerk of any change of his or her address.
10        (3) Drug test. The petitioner must attach to the
11    petition proof that the petitioner has passed a test taken
12    within 30 days before the filing of the petition showing
13    the absence within his or her body of all illegal
14    substances as defined by the Illinois Controlled
15    Substances Act, the Methamphetamine Control and Community
16    Protection Act, and the Cannabis Control Act if he or she
17    is petitioning to seal felony records pursuant to clause
18    (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
19    petitioning to expunge felony records of a qualified
20    probation pursuant to clause (b)(1)(B)(iv).
21        (4) Service of petition. The circuit court clerk shall
22    promptly serve a copy of the petition on the State's
23    Attorney or prosecutor charged with the duty of prosecuting
24    the offense, the Department of State Police, the arresting
25    agency and the chief legal officer of the unit of local
26    government effecting the arrest.

 

 

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1        (5) Objections.
2            (A) Any party entitled to notice of the petition
3        may file an objection to the petition. All objections
4        shall be in writing, shall be filed with the circuit
5        court clerk, and shall state with specificity the basis
6        of the objection.
7            (B) Objections to a petition to expunge or seal
8        must be filed within 60 days of the date of service of
9        the petition.
10        (6) Entry of order.
11            (A) The Chief Judge of the circuit wherein the
12        charge was brought, any judge of that circuit
13        designated by the Chief Judge, or in counties of less
14        than 3,000,000 inhabitants, the presiding trial judge
15        at the petitioner's trial, if any, shall rule on the
16        petition to expunge or seal as set forth in this
17        subsection (d)(6).
18            (B) Unless the State's Attorney or prosecutor, the
19        Department of State Police, the arresting agency, or
20        the chief legal officer files an objection to the
21        petition to expunge or seal within 60 days from the
22        date of service of the petition, the court shall enter
23        an order granting or denying the petition.
24        (7) Hearings. If an objection is filed, the court shall
25    set a date for a hearing and notify the petitioner and all
26    parties entitled to notice of the petition of the hearing

 

 

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1    date at least 30 days prior to the hearing, and shall hear
2    evidence on whether the petition should or should not be
3    granted, and shall grant or deny the petition to expunge or
4    seal the records based on the evidence presented at the
5    hearing.
6        (8) Service of order. After entering an order to
7    expunge or seal records, the court must provide copies of
8    the order to the Department, in a form and manner
9    prescribed by the Department, to the petitioner, to the
10    State's Attorney or prosecutor charged with the duty of
11    prosecuting the offense, to the arresting agency, to the
12    chief legal officer of the unit of local government
13    effecting the arrest, and to such other criminal justice
14    agencies as may be ordered by the court.
15        (9) Effect of order.
16            (A) Upon entry of an order to expunge records
17        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
18                (i) the records shall be expunged (as defined
19            in subsection (a)(1)(E)) by the arresting agency,
20            the Department, and any other agency as ordered by
21            the court, within 60 days of the date of service of
22            the order, unless a motion to vacate, modify, or
23            reconsider the order is filed pursuant to
24            paragraph (12) of subsection (d) of this Section;
25                (ii) the records of the circuit court clerk
26            shall be impounded until further order of the court

 

 

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

 

 

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1            under Section 16 of the Clerks of Courts Act, but
2            the order shall not affect any index issued by the
3            circuit court clerk before the entry of the order;
4                (iii) the records shall be impounded by the
5            Department within 60 days of the date of service of
6            the order as ordered by the court, unless a motion
7            to vacate, modify, or reconsider the order is filed
8            pursuant to paragraph (12) of subsection (d) of
9            this Section;
10                (iv) records impounded by the Department may
11            be disseminated by the Department only to the
12            arresting authority, the State's Attorney, and the
13            court 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 such records
18            from anyone not authorized by law to access such
19            records the court, the Department, or the agency
20            receiving such inquiry shall reply as it does in
21            response to inquiries when no records ever
22            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 Department, and the court
26        shall seal the records (as defined in subsection

 

 

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1        (a)(1)(K)). In response to an inquiry for such records
2        from anyone not authorized by law to access such
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 existed.
6        (10) Fees. The Department may charge the petitioner a
7    fee equivalent to the cost of processing any order to
8    expunge or seal records. Notwithstanding any provision of
9    the Clerks of Courts Act to the contrary, the circuit court
10    clerk may charge a fee equivalent to the cost associated
11    with the sealing or expungement of records by the circuit
12    court clerk. From the total filing fee collected for the
13    petition to seal or expunge, the circuit court clerk shall
14    deposit $10 into the Circuit Court Clerk Operation and
15    Administrative Fund, to be used to offset the costs
16    incurred by the circuit court clerk in performing the
17    additional duties required to serve the petition to seal or
18    expunge on all parties. The circuit court clerk shall
19    collect and forward the Department of State Police portion
20    of the fee to the Department and it shall be deposited in
21    the State Police Services Fund.
22        (11) Final Order. No court order issued under the
23    expungement or sealing provisions of this Section shall
24    become final for purposes of appeal until 30 days after
25    service of the order on the petitioner and all parties
26    entitled to notice of the petition.

 

 

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1        (12) Motion to Vacate, Modify, or Reconsider. The
2    petitioner or any party entitled to notice may file a
3    motion to vacate, modify, or reconsider the order granting
4    or denying the petition to expunge or seal within 60 days
5    of service of the order.
6    (e) Whenever a person who has been convicted of an offense
7is granted a pardon by the Governor which specifically
8authorizes expungement, he or she may, upon verified petition
9to the Chief Judge of the circuit where the person had been
10convicted, any judge of the circuit designated by the Chief
11Judge, or in counties of less than 3,000,000 inhabitants, the
12presiding trial judge at the defendant's trial, have a court
13order entered expunging the record of arrest from the official
14records of the arresting authority and order that the records
15of the circuit court clerk and the Department be sealed until
16further order of the court upon good cause shown or as
17otherwise provided herein, and the name of the defendant
18obliterated from the official index requested to be kept by the
19circuit court clerk under Section 16 of the Clerks of Courts
20Act in connection with the arrest and conviction for the
21offense for which he or she had been pardoned but the order
22shall not affect any index issued by the circuit court clerk
23before the entry of the order. All records sealed by the
24Department may be disseminated by the Department only as
25required by law or to the arresting authority, the State's
26Attorney, and the court upon a later arrest for the same or

 

 

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1similar offense or for the purpose of sentencing for any
2subsequent felony. Upon conviction for any subsequent offense,
3the Department of Corrections shall have access to all sealed
4records of the Department pertaining to that individual. Upon
5entry of the order of expungement, the circuit court clerk
6shall promptly mail a copy of the order to the person who was
7pardoned.
8    (f) Subject to available funding, the Illinois Department
9of Corrections shall conduct a study of the impact of sealing,
10especially on employment and recidivism rates, utilizing a
11random sample of those who apply for the sealing of their
12criminal records under Public Act 93-211. At the request of the
13Illinois Department of Corrections, records of the Illinois
14Department of Employment Security shall be utilized as
15appropriate to assist in the study. The study shall not
16disclose any data in a manner that would allow the
17identification of any particular individual or employing unit.
18The study shall be made available to the General Assembly no
19later than September 1, 2010.
20(Source: P.A. 96-409, eff. 1-1-10.)
 
21    Section 10. The Criminal Code of 1961 is amended by
22changing Sections 16-1, 16H-50, and 16H-55 and by adding
23Section 16H-70 as follows:
 
24    (720 ILCS 5/16-1)  (from Ch. 38, par. 16-1)

 

 

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1    Sec. 16-1. Theft.
2    (a) A person commits theft when he knowingly:
3        (1) Obtains or exerts unauthorized control over
4    property of the owner; or
5        (2) Obtains by deception control over property of the
6    owner; or
7        (3) Obtains by threat control over property of the
8    owner; or
9        (4) Obtains control over stolen property knowing the
10    property to have been stolen or under such circumstances as
11    would reasonably induce him to believe that the property
12    was stolen; or
13        (5) Obtains or exerts control over property in the
14    custody of any law enforcement agency which any law
15    enforcement officer or any individual acting in behalf of a
16    law enforcement agency explicitly represents to the person
17    as being stolen or represents to the person such
18    circumstances as would reasonably induce the person to
19    believe that the property was stolen is explicitly
20    represented to him by any law enforcement officer or any
21    individual acting in behalf of a law enforcement agency as
22    being stolen, and
23            (A) Intends to deprive the owner permanently of the
24        use or benefit of the property; or
25            (B) Knowingly uses, conceals or abandons the
26        property in such manner as to deprive the owner

 

 

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1        permanently of such use or benefit; or
2            (C) Uses, conceals, or abandons the property
3        knowing such use, concealment or abandonment probably
4        will deprive the owner permanently of such use or
5        benefit.
6    (b) Sentence.
7        (1) Theft of property not from the person and not
8    exceeding $500 in value is a Class A misdemeanor.
9        (1.1) Theft of property not from the person and not
10    exceeding $500 in value is a Class 4 felony if the theft
11    was committed in a school or place of worship or if the
12    theft was of governmental property.
13        (2) A person who has been convicted of theft of
14    property not from the person and not exceeding $500 in
15    value who has been previously convicted of any type of
16    theft, robbery, armed robbery, burglary, residential
17    burglary, possession of burglary tools, home invasion,
18    forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
19    4-103.3 of the Illinois Vehicle Code relating to the
20    possession of a stolen or converted motor vehicle, or a
21    violation of Section 8 of the Illinois Credit Card and
22    Debit Card Act is guilty of a Class 4 felony. When a person
23    has any such prior conviction, the information or
24    indictment charging that person shall state such prior
25    conviction so as to give notice of the State's intention to
26    treat the charge as a felony. The fact of such prior

 

 

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1    conviction is not an element of the offense and may not be
2    disclosed to the jury during trial unless otherwise
3    permitted by issues properly raised during such trial.
4        (3) (Blank).
5        (4) Theft of property from the person not exceeding
6    $500 in value, or theft of property exceeding $500 and not
7    exceeding $10,000 in value, is a Class 3 felony.
8        (4.1) Theft of property from the person not exceeding
9    $500 in value, or theft of property exceeding $500 and not
10    exceeding $10,000 in value, is a Class 2 felony if the
11    theft was committed in a school or place of worship or if
12    the theft was of governmental property.
13        (5) Theft of property exceeding $10,000 and not
14    exceeding $100,000 in value is a Class 2 felony.
15        (5.1) Theft of property exceeding $10,000 and not
16    exceeding $100,000 in value is a Class 1 felony if the
17    theft was committed in a school or place of worship or if
18    the theft was of governmental property.
19        (6) Theft of property exceeding $100,000 and not
20    exceeding $500,000 in value is a Class 1 felony.
21        (6.1) Theft of property exceeding $100,000 in value is
22    a Class X felony if the theft was committed in a school or
23    place of worship or if the theft was of governmental
24    property.
25        (6.2) Theft of property exceeding $500,000 and not
26    exceeding $1,000,000 in value is a Class 1

 

 

HB6460 Enrolled- 27 -LRB096 21102 RLC 36953 b

1    non-probationable felony.
2        (6.3) Theft of property exceeding $1,000,000 in value
3    is a Class X felony.
4        (7) Theft by deception, as described by paragraph (2)
5    of subsection (a) of this Section, in which the offender
6    obtained money or property valued at $5,000 or more from a
7    victim 60 years of age or older is a Class 2 felony.
8        (8) Theft by deception, as described by paragraph (2)
9    of subsection (a) of this Section, in which the offender
10    falsely poses as a landlord or agent or employee of the
11    landlord and obtains a rent payment or a security deposit
12    from a tenant is a Class 3 felony if the rent payment or
13    security deposit obtained does not exceed $500.
14        (9) Theft by deception, as described by paragraph (2)
15    of subsection (a) of this Section, in which the offender
16    falsely poses as a landlord or agent or employee of the
17    landlord and obtains a rent payment or a security deposit
18    from a tenant is a Class 2 felony if the rent payment or
19    security deposit obtained exceeds $500 and does not exceed
20    $10,000.
21        (10) Theft by deception, as described by paragraph (2)
22    of subsection (a) of this Section, in which the offender
23    falsely poses as a landlord or agent or employee of the
24    landlord and obtains a rent payment or a security deposit
25    from a tenant is a Class 1 felony if the rent payment or
26    security deposit obtained exceeds $10,000 and does not

 

 

HB6460 Enrolled- 28 -LRB096 21102 RLC 36953 b

1    exceed $100,000.
2        (11) Theft by deception, as described by paragraph (2)
3    of subsection (a) of this Section, in which the offender
4    falsely poses as a landlord or agent or employee of the
5    landlord and obtains a rent payment or a security deposit
6    from a tenant is a Class X felony if the rent payment or
7    security deposit obtained exceeds $100,000.
8    (c) When a charge of theft of property exceeding a
9specified value is brought, the value of the property involved
10is an element of the offense to be resolved by the trier of
11fact as either exceeding or not exceeding the specified value.
12(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
1396-1000, eff. 7-2-10; 96-1301, eff. 1-1-11.)
 
14    (720 ILCS 5/16H-50)
15    Sec. 16H-50. Continuing financial crimes enterprise. A
16person commits the offense of a continuing financial crimes
17enterprise when the person knowingly, within an 18 month
18period, commits 3 or more separate offenses constituting any
19combination of the following:
20        (1) an offense under this Article; ,
21        (2) a felony offense in violation of Section 16A-3 or
22paragraph (4) or (5) of subsection (a) of Section 16-1 of this
23Code for the purpose of reselling or otherwise re-entering the
24merchandise in commerce, including conveying the merchandise
25to a merchant in exchange for anything of value; or

 

 

HB6460 Enrolled- 29 -LRB096 21102 RLC 36953 b

1        (3) , if involving a financial institution, any other
2felony offense offenses established under this Code.
3(Source: P.A. 93-440, eff. 8-5-03.)
 
4    (720 ILCS 5/16H-55)
5    Sec. 16H-55. Organizer of a continuing financial crimes
6enterprise.
7    (a) A person commits the offense of being an organizer of a
8continuing financial crimes enterprise when the person:
9        (1) with the intent to commit an offense under this
10    Article, agrees with another person to the commission of
11    any combination of the following offenses on 3 or more
12    separate occasions within an 18 month period:
13            (A) an offense under this Article;
14            (B) a felony offense in violation of Section 16A-3
15    or paragraph (4) or (5) of subsection (a) of Section 16-1
16    of this Code for the purpose of reselling or otherwise
17    re-entering the merchandise in commerce, including
18    conveying the merchandise to a merchant in exchange for
19    anything of value; or
20            (C) , if involving a financial institution, any
21    other felony offense established under this Code, agrees
22    with another person to the commission of that offense on 3
23    or more separate occasions within an 18 month period, and
24        (2) with respect to the other persons within the
25    conspiracy, occupies a position of organizer, supervisor,

 

 

HB6460 Enrolled- 30 -LRB096 21102 RLC 36953 b

1    or financier or other position of management.
2    (b) The person with whom the accused agreed to commit the 3
3or more offenses under this Article, or, if involving a
4financial institution, any other felony offenses established
5under this Code, need not be the same person or persons for
6each offense, as long as the accused was a part of the common
7scheme or plan to engage in each of the 3 or more alleged
8offenses.
9(Source: P.A. 93-440, eff. 8-5-03.)
 
10    (720 ILCS 5/16H-70 new)
11    Sec. 16H-70. Forfeiture. Any violation of subdivision (2)
12of Section 16H-50 or subdivision (a)(1)(B) of Section 16H-55 of
13this Article shall be subject to the remedies, procedures, and
14forfeiture as set forth in subsections (f) through (s) of
15Section 29B-1 of this Code.