97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2933

 

Introduced 2/23/2011, by Rep. William D. Burns

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2
730 ILCS 5/5-6-3.3 new

    Amends the Criminal Identification Act and the Unified Code of Corrections. Creates Offender Initiative Probation. Provides that whenever any person who has not previously been convicted of, or placed on probation or conditional discharge for, any felony offense, other than a violent offense, under the laws of this State, the laws of any other state, or the laws of the United States, pleads guilty to, or is found guilty of, a probationable felony offense of theft, retail theft, forgery, possession of a stolen motor vehicle, burglary, possession of burglary tools, possession of cannabis, possession of a controlled substance, or possession of methamphetamine, the court, with the consent of both the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation. Establishes the terms and conditions of the probation. Provides that upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. Provides that upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law.


LRB097 08624 RLC 48752 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2933LRB097 08624 RLC 48752 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 5-6-3.3 of the
21        Unified Code of Corrections, Section 12-4.3(b)(1) and
22        (2) of the Criminal Code of 1961 (as those provisions
23        existed before their deletion by Public Act 89-313),
24        Section 10-102 of the Illinois Alcoholism and Other
25        Drug Dependency Act, Section 40-10 of the Alcoholism
26        and Other Drug Abuse and Dependency Act, or Section 10

 

 

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

 

 

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

 

 

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

 

 

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1            conviction was reversed or vacated, and another
2            charge brought in the same case results in a
3            disposition for a misdemeanor offense that is
4            eligible to be sealed pursuant to subsection (c) or
5            a disposition listed in paragraph (i), (iii) or
6            (iv) of this subsection;
7                (iii) the charge results in first offender
8            probation as set forth in subsection (c)(2)(E); or
9                (iv) the charge is for a Class 4 felony offense
10            listed in subsection (c)(2)(F) or the charge is
11            amended to a Class 4 felony offense listed in
12            subsection (c)(2)(F). Records of arrests which
13            result in the petitioner being charged with a Class
14            4 felony offense listed in subsection (c)(2)(F),
15            records of charges not initiated by arrest for
16            Class 4 felony offenses listed in subsection
17            (c)(2)(F), and records of charges amended to a
18            Class 4 felony offense listed in (c)(2)(F) may be
19            sealed, regardless of the disposition, subject to
20            any waiting periods set forth in subsection
21            (c)(3).
22    (b) Expungement.
23        (1) A petitioner may petition the circuit court to
24    expunge the records of his or her arrests and charges not
25    initiated by arrest when:
26            (A) He or she has never been convicted of a

 

 

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1        criminal offense; and
2            (B) Each arrest or charge not initiated by arrest
3        sought to be expunged resulted in: (i) acquittal,
4        dismissal, or the petitioner's release without
5        charging, unless excluded by subsection (a)(3)(B);
6        (ii) a conviction which was vacated or reversed, unless
7        excluded by subsection (a)(3)(B); (iii) an order of
8        supervision and such supervision was successfully
9        completed by the petitioner, unless excluded by
10        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
11        qualified probation (as defined in subsection
12        (a)(1)(J)) and such probation was successfully
13        completed by the petitioner.
14        (2) Time frame for filing a petition to expunge.
15            (A) When the arrest or charge not initiated by
16        arrest sought to be expunged resulted in an acquittal,
17        dismissal, the petitioner's release without charging,
18        or the reversal or vacation of a conviction, there is
19        no waiting period to petition for the expungement of
20        such records.
21            (B) When the arrest or charge not initiated by
22        arrest sought to be expunged resulted in an order of
23        supervision, successfully completed by the petitioner,
24        the following time frames will apply:
25                (i) Those arrests or charges that resulted in
26            orders of supervision under Section 3-707, 3-708,

 

 

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1            3-710, or 5-401.3 of the Illinois Vehicle Code or a
2            similar provision of a local ordinance, or under
3            Section 12-3.2, 12-15 or 16A-3 of the Criminal Code
4            of 1961 or a similar provision of a local
5            ordinance, shall not be eligible for expungement
6            until 5 years have passed following the
7            satisfactory termination of the supervision.
8                (ii) Those arrests or charges that resulted in
9            orders of supervision for any other offenses shall
10            not be eligible for expungement until 2 years have
11            passed following the satisfactory termination of
12            the supervision.
13            (C) When the arrest or charge not initiated by
14        arrest sought to be expunged resulted in an order of
15        qualified probation, successfully completed by the
16        petitioner, such records shall not be eligible for
17        expungement until 5 years have passed following the
18        satisfactory termination of the probation.
19        (3) Those records maintained by the Department for
20    persons arrested prior to their 17th birthday shall be
21    expunged as provided in Section 5-915 of the Juvenile Court
22    Act of 1987.
23        (4) Whenever a person has been arrested for or
24    convicted of any offense, in the name of a person whose
25    identity he or she has stolen or otherwise come into
26    possession of, the aggrieved person from whom the identity

 

 

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

 

 

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1    predatory criminal sexual assault of a child, criminal
2    sexual abuse, or aggravated criminal sexual abuse, the
3    victim of that offense may request that the State's
4    Attorney of the county in which the conviction occurred
5    file a verified petition with the presiding trial judge at
6    the petitioner's trial to have a court order entered to
7    seal the records of the circuit court clerk in connection
8    with the proceedings of the trial court concerning that
9    offense. However, the records of the arresting authority
10    and the Department of State Police concerning the offense
11    shall not be sealed. The court, upon good cause shown,
12    shall make the records of the circuit court clerk in
13    connection with the proceedings of the trial court
14    concerning the offense available for public inspection.
15        (6) If a conviction has been set aside on direct review
16    or on collateral attack and the court determines by clear
17    and convincing evidence that the petitioner was factually
18    innocent of the charge, the court shall enter an
19    expungement order as provided in subsection (b) of Section
20    5-5-4 of the Unified Code of Corrections.
21        (7) Nothing in this Section shall prevent the
22    Department of State Police from maintaining all records of
23    any person who is admitted to probation upon terms and
24    conditions and who fulfills those terms and conditions
25    pursuant to Section 10 of the Cannabis Control Act, Section
26    410 of the Illinois Controlled Substances Act, Section 70

 

 

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1    of the Methamphetamine Control and Community Protection
2    Act, Section 5-6-3.3 of the Unified Code of Corrections,
3    Section 12-4.3 of the Criminal Code of 1961, Section 10-102
4    of the Illinois Alcoholism and Other Drug Dependency Act,
5    Section 40-10 of the Alcoholism and Other Drug Abuse and
6    Dependency Act, or Section 10 of the Steroid Control Act.
7    (c) Sealing.
8        (1) Applicability. Notwithstanding any other provision
9    of this Act to the contrary, and cumulative with any rights
10    to expungement of criminal records, this subsection
11    authorizes the sealing of criminal records of adults and of
12    minors prosecuted as adults.
13        (2) Eligible Records. The following records may be
14    sealed:
15            (A) All arrests resulting in release without
16        charging;
17            (B) Arrests or charges not initiated by arrest
18        resulting in acquittal, dismissal, or conviction when
19        the conviction was reversed or vacated, except as
20        excluded by subsection (a)(3)(B) or (a)(3)(D);
21            (C) Arrests or charges not initiated by arrest
22        resulting in orders of supervision successfully
23        completed by the petitioner, unless excluded by
24        subsection (a)(3);
25            (D) Arrests or charges not initiated by arrest
26        resulting in convictions unless excluded by subsection

 

 

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1        (a)(3);
2            (E) Arrests or charges not initiated by arrest
3        resulting in orders of first offender probation under
4        Section 10 of the Cannabis Control Act, Section 410 of
5        the Illinois Controlled Substances Act, or Section 70
6        of the Methamphetamine Control and Community
7        Protection Act, or Section 5-6-3.3 of the Unified Code
8        of Corrections; and
9            (F) Arrests or charges not initiated by arrest
10        resulting in Class 4 felony convictions for the
11        following offenses:
12                (i) Section 11-14 of the Criminal Code of 1961;
13                (ii) Section 4 of the Cannabis Control Act;
14                (iii) Section 402 of the Illinois Controlled
15            Substances Act;
16                (iv) the Methamphetamine Precursor Control
17            Act; and
18                (v) the Steroid Control Act.
19        (3) When Records Are Eligible to Be Sealed. Records
20    identified as eligible under subsection (c)(2) may be
21    sealed as follows:
22            (A) Records identified as eligible under
23        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
24        time.
25            (B) Records identified as eligible under
26        subsection (c)(2)(C) may be sealed (i) 3 years after

 

 

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1        the termination of petitioner's last sentence (as
2        defined in subsection (a)(1)(F)) if the petitioner has
3        never been convicted of a criminal offense (as defined
4        in subsection (a)(1)(D)); or (ii) 4 years after the
5        termination of the petitioner's last sentence (as
6        defined in subsection (a)(1)(F)) if the petitioner has
7        ever been convicted of a criminal offense (as defined
8        in subsection (a)(1)(D)).
9            (C) Records identified as eligible under
10        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
11        sealed 4 years after the termination of the
12        petitioner's last sentence (as defined in subsection
13        (a)(1)(F)).
14        (4) Subsequent felony convictions. A person may not
15    have subsequent felony conviction records sealed as
16    provided in this subsection (c) if he or she is convicted
17    of any felony offense after the date of the sealing of
18    prior felony convictions as provided in this subsection
19    (c). The court may, upon conviction for a subsequent felony
20    offense, order the unsealing of prior felony conviction
21    records previously ordered sealed by the court.
22        (5) Notice of eligibility for sealing. Upon entry of a
23    disposition for an eligible record under this subsection
24    (c), the petitioner shall be informed by the court of the
25    right to have the records sealed and the procedures for the
26    sealing of the records.

 

 

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1    (d) Procedure. The following procedures apply to
2expungement under subsections (b) and (e), and sealing under
3subsection (c):
4        (1) Filing the petition. Upon becoming eligible to
5    petition for the expungement or sealing of records under
6    this Section, the petitioner shall file a petition
7    requesting the expungement or sealing of records with the
8    clerk of the court where the arrests occurred or the
9    charges were brought, or both. If arrests occurred or
10    charges were brought in multiple jurisdictions, a petition
11    must be filed in each such jurisdiction. The petitioner
12    shall pay the applicable fee, if not waived.
13        (2) Contents of petition. The petition shall be
14    verified and shall contain the petitioner's name, date of
15    birth, current address and, for each arrest or charge not
16    initiated by arrest sought to be sealed or expunged, the
17    case number, the date of arrest (if any), the identity of
18    the arresting authority, and such other information as the
19    court may require. During the pendency of the proceeding,
20    the petitioner shall promptly notify the circuit court
21    clerk of any change of his or her address.
22        (3) Drug test. The petitioner must attach to the
23    petition proof that the petitioner has passed a test taken
24    within 30 days before the filing of the petition showing
25    the absence within his or her body of all illegal
26    substances as defined by the Illinois Controlled

 

 

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1    Substances Act, the Methamphetamine Control and Community
2    Protection Act, and the Cannabis Control Act if he or she
3    is petitioning to seal felony records pursuant to clause
4    (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
5    petitioning to expunge felony records of a qualified
6    probation pursuant to clause (b)(1)(B)(iv).
7        (4) Service of petition. The circuit court clerk shall
8    promptly serve a copy of the petition on the State's
9    Attorney or prosecutor charged with the duty of prosecuting
10    the offense, the Department of State Police, the arresting
11    agency and the chief legal officer of the unit of local
12    government effecting the arrest.
13        (5) Objections.
14            (A) Any party entitled to notice of the petition
15        may file an objection to the petition. All objections
16        shall be in writing, shall be filed with the circuit
17        court clerk, and shall state with specificity the basis
18        of the objection.
19            (B) Objections to a petition to expunge or seal
20        must be filed within 60 days of the date of service of
21        the petition.
22        (6) Entry of order.
23            (A) The Chief Judge of the circuit wherein the
24        charge was brought, any judge of that circuit
25        designated by the Chief Judge, or in counties of less
26        than 3,000,000 inhabitants, the presiding trial judge

 

 

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1        at the petitioner's trial, if any, shall rule on the
2        petition to expunge or seal as set forth in this
3        subsection (d)(6).
4            (B) Unless the State's Attorney or prosecutor, the
5        Department of State Police, the arresting agency, or
6        the chief legal officer files an objection to the
7        petition to expunge or seal within 60 days from the
8        date of service of the petition, the court shall enter
9        an order granting or denying the petition.
10        (7) Hearings. If an objection is filed, the court shall
11    set a date for a hearing and notify the petitioner and all
12    parties entitled to notice of the petition of the hearing
13    date at least 30 days prior to the hearing, and shall hear
14    evidence on whether the petition should or should not be
15    granted, and shall grant or deny the petition to expunge or
16    seal the records based on the evidence presented at the
17    hearing.
18        (8) Service of order. After entering an order to
19    expunge or seal records, the court must provide copies of
20    the order to the Department, in a form and manner
21    prescribed by the Department, to the petitioner, to the
22    State's Attorney or prosecutor charged with the duty of
23    prosecuting the offense, to the arresting agency, to the
24    chief legal officer of the unit of local government
25    effecting the arrest, and to such other criminal justice
26    agencies as may be ordered by the court.

 

 

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

 

 

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

 

 

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1            sentencing for any subsequent felony, and to the
2            Department of Corrections upon conviction for any
3            offense; and
4                (v) in response to an inquiry for such records
5            from anyone not authorized by law to access such
6            records the court, the Department, or the agency
7            receiving such inquiry shall reply as it does in
8            response to inquiries when no records ever
9            existed.
10            (C) Upon entry of an order to seal records under
11        subsection (c), the arresting agency, any other agency
12        as ordered by the court, the Department, and the court
13        shall seal the records (as defined in subsection
14        (a)(1)(K)). In response to an inquiry for such records
15        from anyone not authorized by law to access such
16        records the court, the Department, or the agency
17        receiving such inquiry shall reply as it does in
18        response to inquiries when no records ever existed.
19        (10) Fees. The Department may charge the petitioner a
20    fee equivalent to the cost of processing any order to
21    expunge or seal records. Notwithstanding any provision of
22    the Clerks of Courts Act to the contrary, the circuit court
23    clerk may charge a fee equivalent to the cost associated
24    with the sealing or expungement of records by the circuit
25    court clerk. From the total filing fee collected for the
26    petition to seal or expunge, the circuit court clerk shall

 

 

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1    deposit $10 into the Circuit Court Clerk Operation and
2    Administrative Fund, to be used to offset the costs
3    incurred by the circuit court clerk in performing the
4    additional duties required to serve the petition to seal or
5    expunge on all parties. The circuit court clerk shall
6    collect and forward the Department of State Police portion
7    of the fee to the Department and it shall be deposited in
8    the State Police Services Fund.
9        (11) Final Order. No court order issued under the
10    expungement or sealing provisions of this Section shall
11    become final for purposes of appeal until 30 days after
12    service of the order on the petitioner and all parties
13    entitled to notice of the petition.
14        (12) Motion to Vacate, Modify, or Reconsider. The
15    petitioner or any party entitled to notice may file a
16    motion to vacate, modify, or reconsider the order granting
17    or denying the petition to expunge or seal within 60 days
18    of service of the order.
19    (e) Whenever a person who has been convicted of an offense
20is granted a pardon by the Governor which specifically
21authorizes expungement, he or she may, upon verified petition
22to the Chief Judge of the circuit where the person had been
23convicted, any judge of the circuit designated by the Chief
24Judge, or in counties of less than 3,000,000 inhabitants, the
25presiding trial judge at the defendant's trial, have a court
26order entered expunging the record of arrest from the official

 

 

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

 

 

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1Department of Employment Security shall be utilized as
2appropriate to assist in the study. The study shall not
3disclose any data in a manner that would allow the
4identification of any particular individual or employing unit.
5The study shall be made available to the General Assembly no
6later than September 1, 2010.
7(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10.)
 
8    Section 10. The Unified Code of Corrections is amended by
9adding Section 5-6-3.3 as follows:
 
10    (730 ILCS 5/5-6-3.3 new)
11    Sec. 5-6-3.3. Offender Initiative Probation.
12    (a) Whenever any person who has not previously been
13convicted of, or placed on probation or conditional discharge
14for, any felony offense under the laws of this State, the laws
15of any other state, or the laws of the United States, pleads
16guilty to, or is found guilty of, a probationable felony
17offense of theft, retail theft, forgery, possession of a stolen
18motor vehicle, burglary, possession of burglary tools,
19possession of cannabis, possession of a controlled substance,
20or possession of methamphetamine, the court, with the consent
21of both the defendant and the State's Attorney, may, without
22entering a judgment, sentence the defendant to probation.
23    (a-1) Exemptions. A defendant shall not be eligible for
24this probation if the offense he or she has pled guilty to, or

 

 

HB2933- 25 -LRB097 08624 RLC 48752 b

1has been found guilty of, is a violent offense. For purposes of
2this probation, a "violent offense" is any offense where bodily
3harm was inflicted or where force was used against any person
4or threatened against any person, any offense involving sexual
5conduct, sexual penetration, or sexual exploitation, any
6offense of domestic violence, domestic battery, violation of an
7order of protection, stalking, hate crime, driving under the
8influence of drugs or alcohol, and any offense involving the
9possession of a firearm or dangerous weapon. A defendant shall
10not be eligible for this probation if he or she has previously
11been adjudicated a delinquent minor for the commission of a
12violent offense as defined in this subsection.
13    (b) When a defendant is placed on probation, the court
14shall enter an order specifying a period of probation of not
15less than 24 months and shall defer further proceedings in the
16case until the conclusion of the period or until the filing of
17a petition alleging violation of a term or condition of
18probation.
19    (c) The conditions of probation shall be that the
20defendant:
21        (1) not violate any criminal statute of this State or
22    any other jurisdiction;
23        (2) refrain from possessing a firearm or other
24    dangerous weapon;
25        (3) make full restitution to the victim or property
26    owner pursuant to Section 5-5-6 of this Code;

 

 

HB2933- 26 -LRB097 08624 RLC 48752 b

1        (4) obtain employment or perform not less than 30 hours
2    of community service, provided community service is
3    available in the county and is funded and approved by the
4    county board;
5        (5) pay fines and costs;
6        (6) attend educational courses designed to prepare the
7    defendant for obtaining a high school diploma or to work
8    toward passing the high school level test of General
9    Educational Development (G.E.D.) or to work toward
10    completing a vocational training program; and
11        (7) submit to periodic drug testing at a time and in a
12    manner as ordered by the court, but no less than 3 times
13    during the period of probation, with the cost of the
14    testing to be paid by the defendant.
15    (d) The court may, in addition to other conditions, require
16that the defendant:
17        (1) make a report to and appear in person before or
18    participate with the court or such courts, person, or
19    social service agency as directed by the court in the order
20    of probation;
21        (2) undergo medical or psychiatric treatment, or
22    treatment or rehabilitation approved by the Illinois
23    Department of Human Services;
24        (3) attend or reside in a facility established for the
25    instruction or residence of defendants on probation;
26        (4) support his or her dependents;

 

 

HB2933- 27 -LRB097 08624 RLC 48752 b

1        (5) refrain from having in his or her body the presence
2    of any illicit drug prohibited by the Methamphetamine
3    Control and Community Protection Act, the Cannabis Control
4    Act or the Illinois Controlled Substances Act, unless
5    prescribed by a physician, and submit samples of his or her
6    blood or urine or both for tests to determine the presence
7    of any illicit drug; or
8        (6) if a minor:
9            (i) reside with his or her parents or in a foster
10        home;
11            (ii) attend school;
12            (iii) attend a non-residential program for youth;
13        or
14            (iv) contribute to his or her own support at home
15        or in a foster home.
16    (e) Upon violation of a term or condition of probation, the
17court may enter a judgment on its original finding of guilt and
18proceed as otherwise provided by law.
19    (f) Upon fulfillment of the terms and conditions of
20probation, the court shall discharge the person and dismiss the
21proceedings against the person.
22    (g) A disposition of probation is considered to be a
23conviction for the purposes of imposing the conditions of
24probation and for appeal; however, a discharge and dismissal
25under this Section is not a conviction for purposes of this
26Code or for purposes of disqualifications or disabilities

 

 

HB2933- 28 -LRB097 08624 RLC 48752 b

1imposed by law upon conviction of a crime.
2    (h) There may be only one discharge and dismissal under
3this Section, Section 410 of the Illinois Controlled Substances
4Act, Section 70 of the Methamphetamine Control and Community
5Protection Act, Section 10 of the Cannabis Control Act, and
6Section 11-14.2 of the Criminal Code of 1961 with respect to
7any person.
8    (i) If a person is convicted of any offense which occurred
9within 5 years subsequent to a discharge and dismissal under
10this Section, the discharge and dismissal under this Section
11shall be admissible in the sentencing proceeding for that
12conviction as evidence in aggravation.
13    (j) Section 410 of the Illinois Controlled Substances Act,
14Section 70 of the Methamphetamine Control and Community
15Protection Act, Section 10 of the Cannabis Control Act, and
16Section 11-14.2 of the Criminal Code of 1961 provide the
17conditions of probation regarding the offenses specified
18therein.