HB1548 EnrolledLRB098 00147 RLC 30148 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 Sections 5.2 and 13 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), (e), and (e-5), and (e-6) of
8    this Section, the 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, unless the
17        arrest or charge is for a misdemeanor violation of
18        subsection (a) of Section 11-503 or a similar provision
19        of a local ordinance, that occurred prior to the
20        offender reaching the age of 25 years and the offender
21        has no other conviction for violating Section 11-501 or
22        11-503 of the Illinois Vehicle Code or a similar
23        provision of a local ordinance.
24            (B) the sealing or expungement of records of minor
25        traffic offenses (as defined in subsection (a)(1)(G)),
26        unless the petitioner was arrested and released

 

 

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1        without charging.
2            (C) the sealing of the records of arrests or
3        charges not initiated by arrest which result in an
4        order of supervision, an order of qualified probation
5        (as defined in subsection (a)(1)(J)), or a conviction
6        for the following offenses:
7                (i) offenses included in Article 11 of the
8            Criminal Code of 1961 or a similar provision of a
9            local ordinance, except Section 11-14 of the
10            Criminal Code of 1961 or a similar provision of a
11            local ordinance;
12                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
13            26-5, or 48-1 of the Criminal Code of 1961 or a
14            similar provision of a local ordinance;
15                (iii) offenses defined as "crimes of violence"
16            in Section 2 of the Crime Victims Compensation Act
17            or a similar provision of a local ordinance;
18                (iv) offenses which are Class A misdemeanors
19            under the Humane Care for Animals Act; or
20                (v) any offense or attempted offense that
21            would subject a person to registration under the
22            Sex Offender Registration Act.
23            (D) the sealing of the records of an arrest which
24        results in the petitioner being charged with a felony
25        offense or records of a charge not initiated by arrest
26        for a felony offense unless:

 

 

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1                (i) the charge is amended to a misdemeanor and
2            is otherwise eligible to be sealed pursuant to
3            subsection (c);
4                (ii) the charge is brought along with another
5            charge as a part of one case and the charge results
6            in acquittal, dismissal, or conviction when the
7            conviction was reversed or vacated, and another
8            charge brought in the same case results in a
9            disposition for a misdemeanor offense that is
10            eligible to be sealed pursuant to subsection (c) or
11            a disposition listed in paragraph (i), (iii), or
12            (iv) of this subsection;
13                (iii) the charge results in first offender
14            probation as set forth in subsection (c)(2)(E);
15                (iv) the charge is for a Class 4 felony offense
16            listed in subsection (c)(2)(F) or the charge is
17            amended to a Class 4 felony offense listed in
18            subsection (c)(2)(F). Records of arrests which
19            result in the petitioner being charged with a Class
20            4 felony offense listed in subsection (c)(2)(F),
21            records of charges not initiated by arrest for
22            Class 4 felony offenses listed in subsection
23            (c)(2)(F), and records of charges amended to a
24            Class 4 felony offense listed in (c)(2)(F) may be
25            sealed, regardless of the disposition, subject to
26            any waiting periods set forth in subsection

 

 

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

 

 

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1        arrest sought to be expunged resulted in an acquittal,
2        dismissal, the petitioner's release without charging,
3        or the reversal or vacation of a conviction, there is
4        no waiting period to petition for the expungement of
5        such records.
6            (B) When the arrest or charge not initiated by
7        arrest sought to be expunged resulted in an order of
8        supervision, successfully completed by the petitioner,
9        the following time frames will apply:
10                (i) Those arrests or charges that resulted in
11            orders of supervision under Section 3-707, 3-708,
12            3-710, or 5-401.3 of the Illinois Vehicle Code or a
13            similar provision of a local ordinance, or under
14            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
15            Code of 1961 or a similar provision of a local
16            ordinance, shall not be eligible for expungement
17            until 5 years have passed following the
18            satisfactory termination of the supervision.
19                (i-5) Those arrests or charges that resulted
20            in orders of supervision for a misdemeanor
21            violation of subsection (a) of Section 11-503 of
22            the Illinois Vehicle Code or a similar provision of
23            a local ordinance, that occurred prior to the
24            offender reaching the age of 25 years and the
25            offender has no other conviction for violating
26            Section 11-501 or 11-503 of the Illinois Vehicle

 

 

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1            Code or a similar provision of a local ordinance
2            shall not be eligible for expungement until the
3            petitioner has reached the age of 25 years.
4                (ii) Those arrests or charges that resulted in
5            orders of supervision for any other offenses shall
6            not be eligible for expungement until 2 years have
7            passed following the satisfactory termination of
8            the supervision.
9            (C) When the arrest or charge not initiated by
10        arrest sought to be expunged resulted in an order of
11        qualified probation, successfully completed by the
12        petitioner, such records shall not be eligible for
13        expungement until 5 years have passed following the
14        satisfactory termination of the probation.
15        (3) Those records maintained by the Department for
16    persons arrested prior to their 17th birthday shall be
17    expunged as provided in Section 5-915 of the Juvenile Court
18    Act of 1987.
19        (4) Whenever a person has been arrested for or
20    convicted of any offense, in the name of a person whose
21    identity he or she has stolen or otherwise come into
22    possession of, the aggrieved person from whom the identity
23    was stolen or otherwise obtained without authorization,
24    upon learning of the person having been arrested using his
25    or her identity, may, upon verified petition to the chief
26    judge of the circuit wherein the arrest was made, have a

 

 

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

 

 

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1    file a verified petition with the presiding trial judge at
2    the petitioner's trial to have a court order entered to
3    seal the records of the circuit court clerk in connection
4    with the proceedings of the trial court concerning that
5    offense. However, the records of the arresting authority
6    and the Department of State Police concerning the offense
7    shall not be sealed. The court, upon good cause shown,
8    shall make the records of the circuit court clerk in
9    connection with the proceedings of the trial court
10    concerning the offense available for public inspection.
11        (6) If a conviction has been set aside on direct review
12    or on collateral attack and the court determines by clear
13    and convincing evidence that the petitioner was factually
14    innocent of the charge, the court shall enter an
15    expungement order as provided in subsection (b) of Section
16    5-5-4 of the Unified Code of Corrections.
17        (7) Nothing in this Section shall prevent the
18    Department of State Police from maintaining all records of
19    any person who is admitted to probation upon terms and
20    conditions and who fulfills those terms and conditions
21    pursuant to Section 10 of the Cannabis Control Act, Section
22    410 of the Illinois Controlled Substances Act, Section 70
23    of the Methamphetamine Control and Community Protection
24    Act, Section 5-6-3.3 of the Unified Code of Corrections,
25    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
26    the Criminal Code of 1961, Section 10-102 of the Illinois

 

 

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

 

 

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1        Section 10 of the Cannabis Control Act, Section 410 of
2        the Illinois Controlled Substances Act, Section 70 of
3        the Methamphetamine Control and Community Protection
4        Act, or Section 5-6-3.3 of the Unified Code of
5        Corrections; and
6            (F) Arrests or charges not initiated by arrest
7        resulting in Class 4 felony convictions for the
8        following offenses:
9                (i) Section 11-14 of the Criminal Code of 1961;
10                (ii) Section 4 of the Cannabis Control Act;
11                (iii) Section 402 of the Illinois Controlled
12            Substances Act;
13                (iv) the Methamphetamine Precursor Control
14            Act; and
15                (v) the Steroid Control Act.
16        (3) When Records Are Eligible to Be Sealed. Records
17    identified as eligible under subsection (c)(2) may be
18    sealed as follows:
19            (A) Records identified as eligible under
20        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
21        time.
22            (B) Records identified as eligible under
23        subsection (c)(2)(C) may be sealed (i) 3 years after
24        the termination of petitioner's last sentence (as
25        defined in subsection (a)(1)(F)) if the petitioner has
26        never been convicted of a criminal offense (as defined

 

 

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1        in subsection (a)(1)(D)); or (ii) 4 years after the
2        termination of the petitioner's last sentence (as
3        defined in subsection (a)(1)(F)) if the petitioner has
4        ever been convicted of a criminal offense (as defined
5        in subsection (a)(1)(D)).
6            (C) Records identified as eligible under
7        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
8        sealed 4 years after the termination of the
9        petitioner's last sentence (as defined in subsection
10        (a)(1)(F)).
11            (D) Records identified in subsection
12        (a)(3)(A)(iii) may be sealed after the petitioner has
13        reached the age of 25 years.
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 (e-6) and
3sealing under subsections (c) and (e-5):
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. If the
22    petitioner has received a certificate of eligibility for
23    sealing from the Prisoner Review Board under paragraph (10)
24    of subsection (a) of Section 3-3-2 of the Unified Code of
25    Corrections, the certificate shall be attached to the
26    petition.

 

 

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1        (3) Drug test. The petitioner must attach to the
2    petition proof that the petitioner has passed a test taken
3    within 30 days before the filing of the petition showing
4    the absence within his or her body of all illegal
5    substances as defined by the Illinois Controlled
6    Substances Act, the Methamphetamine Control and Community
7    Protection Act, and the Cannabis Control Act if he or she
8    is petitioning to seal felony records pursuant to clause
9    (c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is
10    petitioning to expunge felony records of a qualified
11    probation pursuant to clause (b)(1)(B)(iv).
12        (4) Service of petition. The circuit court clerk shall
13    promptly serve a copy of the petition and documentation to
14    support the petition under subsection (e), (e-5), or (e-6)
15    on the State's Attorney or prosecutor charged with the duty
16    of prosecuting the offense, the Department of State Police,
17    the arresting agency and the chief legal officer of the
18    unit of local government effecting the arrest.
19        (5) Objections.
20            (A) Any party entitled to notice of the petition
21        may file an objection to the petition. All objections
22        shall be in writing, shall be filed with the circuit
23        court clerk, and shall state with specificity the basis
24        of the objection.
25            (B) Objections to a petition to expunge or seal
26        must be filed within 60 days of the date of service of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            (C) Upon entry of an order to seal records under
2        subsection (c), the arresting agency, any other agency
3        as ordered by the court, the Department, and the court
4        shall seal the records (as defined in subsection
5        (a)(1)(K)). In response to an inquiry for such records
6        from anyone not authorized by law to access such
7        records the court, the Department, or the agency
8        receiving such inquiry shall reply as it does in
9        response to inquiries when no records ever existed.
10        (10) Fees. The Department may charge the petitioner a
11    fee equivalent to the cost of processing any order to
12    expunge or seal records. Notwithstanding any provision of
13    the Clerks of Courts Act to the contrary, the circuit court
14    clerk may charge a fee equivalent to the cost associated
15    with the sealing or expungement of records by the circuit
16    court clerk. From the total filing fee collected for the
17    petition to seal or expunge, the circuit court clerk shall
18    deposit $10 into the Circuit Court Clerk Operation and
19    Administrative Fund, to be used to offset the costs
20    incurred by the circuit court clerk in performing the
21    additional duties required to serve the petition to seal or
22    expunge on all parties. The circuit court clerk shall
23    collect and forward the Department of State Police portion
24    of the fee to the Department and it shall be deposited in
25    the State Police Services Fund.
26        (11) Final Order. No court order issued under the

 

 

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1    expungement or sealing provisions of this Section shall
2    become final for purposes of appeal until 30 days after
3    service of the order on the petitioner and all parties
4    entitled to notice of the petition.
5        (12) Motion to Vacate, Modify, or Reconsider. The
6    petitioner or any party entitled to notice may file a
7    motion to vacate, modify, or reconsider the order granting
8    or denying the petition to expunge or seal within 60 days
9    of service of the order.
10    (e) Whenever a person who has been convicted of an offense
11is granted a pardon by the Governor which specifically
12authorizes expungement, he or she may, upon verified petition
13to the Chief Judge of the circuit where the person had been
14convicted, any judge of the circuit designated by the Chief
15Judge, or in counties of less than 3,000,000 inhabitants, the
16presiding trial judge at the defendant's trial, have a court
17order entered expunging the record of arrest from the official
18records of the arresting authority and order that the records
19of the circuit court clerk and the Department be sealed until
20further order of the court upon good cause shown or as
21otherwise provided herein, and the name of the defendant
22obliterated from the official index requested to be kept by the
23circuit court clerk under Section 16 of the Clerks of Courts
24Act in connection with the arrest and conviction for the
25offense for which he or she had been pardoned but the order
26shall not affect any index issued by the circuit court clerk

 

 

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

 

 

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

 

 

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

 

 

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1disclose any data in a manner that would allow the
2identification of any particular individual or employing unit.
3The study shall be made available to the General Assembly no
4later than September 1, 2010.
5(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
696-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
77-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
8eff. 8-19-11; 97-698, eff, 1-1-13; 97-1026, eff. 1-1-13;
997-1108, eff. 1-1-13; 97-1109, 1-1-13; 97-1118, eff. 1-1-13;
1097-1120, eff. 1-1-13; revised 9-20-12.)
 
11    (20 ILCS 2630/13)
12    Sec. 13. Retention and release of sealed records.
13    (a) The Department of State Police shall retain records
14sealed under subsection (c),, or (e-5) of Section 5.2 or
15impounded under subparagraph (B) or (B-5) of paragraph (9) of
16subsection (d) of Section 5.2 and shall release them only as
17authorized by this Act. Felony records sealed under subsection
18(c),, or (e-5) of Section 5.2 or impounded under subparagraph
19(B) or (B-5) of paragraph (9) of subsection (d) of Section 5.2
20shall be used and disseminated by the Department only as
21otherwise specifically required or authorized by a federal or
22State law, rule, or regulation that requires inquiry into and
23release of criminal records, including, but not limited to,
24subsection (A) of Section 3 of this Act. However, all requests
25for records that have been expunged, sealed, and impounded and

 

 

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1the use of those records are subject to the provisions of
2Section 2-103 of the Illinois Human Rights Act. Upon conviction
3for any offense, the Department of Corrections shall have
4access to all sealed records of the Department pertaining to
5that individual.
6    (b) Notwithstanding the foregoing, all sealed or impounded
7records are subject to inspection and use by the court and
8inspection and use by law enforcement agencies and State's
9Attorneys or other prosecutors in carrying out the duties of
10their offices.
11    (c) The sealed or impounded records maintained under
12subsection (a) are exempt from disclosure under the Freedom of
13Information Act.
14    (d) The Department of State Police shall commence the
15sealing of records of felony arrests and felony convictions
16pursuant to the provisions of subsection (c) of Section 5.2 of
17this Act no later than one year from the date that funds have
18been made available for purposes of establishing the
19technologies necessary to implement the changes made by this
20amendatory Act of the 93rd General Assembly.
21(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
2297-1026, eff. 1-1-13; 97-1120, eff. 1-1-13; revised 9-20-12.)
 
23    Section 10. The Unified Code of Corrections is amended by
24changing Section 3-3-2 as follows:
 

 

 

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1    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
2    Sec. 3-3-2. Powers and Duties.
3    (a) The Parole and Pardon Board is abolished and the term
4"Parole and Pardon Board" as used in any law of Illinois, shall
5read "Prisoner Review Board." After the effective date of this
6amendatory Act of 1977, the Prisoner Review Board shall provide
7by rule for the orderly transition of all files, records, and
8documents of the Parole and Pardon Board and for such other
9steps as may be necessary to effect an orderly transition and
10shall:
11        (1) hear by at least one member and through a panel of
12    at least 3 members decide, cases of prisoners who were
13    sentenced under the law in effect prior to the effective
14    date of this amendatory Act of 1977, and who are eligible
15    for parole;
16        (2) hear by at least one member and through a panel of
17    at least 3 members decide, the conditions of parole and the
18    time of discharge from parole, impose sanctions for
19    violations of parole, and revoke parole for those sentenced
20    under the law in effect prior to this amendatory Act of
21    1977; provided that the decision to parole and the
22    conditions of parole for all prisoners who were sentenced
23    for first degree murder or who received a minimum sentence
24    of 20 years or more under the law in effect prior to
25    February 1, 1978 shall be determined by a majority vote of
26    the Prisoner Review Board. One representative supporting

 

 

HB1548 Enrolled- 32 -LRB098 00147 RLC 30148 b

1    parole and one representative opposing parole will be
2    allowed to speak. Their comments shall be limited to making
3    corrections and filling in omissions to the Board's
4    presentation and discussion;
5        (3) hear by at least one member and through a panel of
6    at least 3 members decide, the conditions of mandatory
7    supervised release and the time of discharge from mandatory
8    supervised release, impose sanctions for violations of
9    mandatory supervised release, and revoke mandatory
10    supervised release for those sentenced under the law in
11    effect after the effective date of this amendatory Act of
12    1977;
13        (3.5) hear by at least one member and through a panel
14    of at least 3 members decide, the conditions of mandatory
15    supervised release and the time of discharge from mandatory
16    supervised release, to impose sanctions for violations of
17    mandatory supervised release and revoke mandatory
18    supervised release for those serving extended supervised
19    release terms pursuant to paragraph (4) of subsection (d)
20    of Section 5-8-1;
21        (4) hear by at least 1 member and through a panel of at
22    least 3 members, decide cases brought by the Department of
23    Corrections against a prisoner in the custody of the
24    Department for alleged violation of Department rules with
25    respect to sentence credits under Section 3-6-3 of this
26    Code in which the Department seeks to revoke sentence

 

 

HB1548 Enrolled- 33 -LRB098 00147 RLC 30148 b

1    credits, if the amount of time at issue exceeds 30 days or
2    when, during any 12 month period, the cumulative amount of
3    credit revoked exceeds 30 days except where the infraction
4    is committed or discovered within 60 days of scheduled
5    release. In such cases, the Department of Corrections may
6    revoke up to 30 days of sentence credit. The Board may
7    subsequently approve the revocation of additional sentence
8    credit, if the Department seeks to revoke sentence credit
9    in excess of thirty days. However, the Board shall not be
10    empowered to review the Department's decision with respect
11    to the loss of 30 days of sentence credit for any prisoner
12    or to increase any penalty beyond the length requested by
13    the Department;
14        (5) hear by at least one member and through a panel of
15    at least 3 members decide, the release dates for certain
16    prisoners sentenced under the law in existence prior to the
17    effective date of this amendatory Act of 1977, in
18    accordance with Section 3-3-2.1 of this Code;
19        (6) hear by at least one member and through a panel of
20    at least 3 members decide, all requests for pardon,
21    reprieve or commutation, and make confidential
22    recommendations to the Governor;
23        (7) comply with the requirements of the Open Parole
24    Hearings Act;
25        (8) hear by at least one member and, through a panel of
26    at least 3 members, decide cases brought by the Department

 

 

HB1548 Enrolled- 34 -LRB098 00147 RLC 30148 b

1    of Corrections against a prisoner in the custody of the
2    Department for court dismissal of a frivolous lawsuit
3    pursuant to Section 3-6-3(d) of this Code in which the
4    Department seeks to revoke up to 180 days of sentence
5    credit, and if the prisoner has not accumulated 180 days of
6    sentence credit at the time of the dismissal, then all
7    sentence credit accumulated by the prisoner shall be
8    revoked;
9        (9) hear by at least 3 members, and, through a panel of
10    at least 3 members, decide whether to grant certificates of
11    relief from disabilities or certificates of good conduct as
12    provided in Article 5.5 of Chapter V; and
13        (10) upon a petition by a person who has been convicted
14    of a Class 3 or Class 4 felony and who meets the
15    requirements of this paragraph, hear by at least 3 members
16    and, with the unanimous vote of a panel of 3 members, issue
17    a certificate of eligibility for sealing recommending that
18    the court order the sealing of all official records of the
19    arresting authority, the circuit court clerk, and the
20    Department of State Police concerning the arrest and
21    conviction for the Class 3 or 4 felony. A person may not
22    apply to the Board for a certificate of eligibility for
23    sealing:
24            (A) until 5 years have elapsed since the expiration
25        of his or her sentence;
26            (B) until 5 years have elapsed since any arrests or

 

 

HB1548 Enrolled- 35 -LRB098 00147 RLC 30148 b

1        detentions by a law enforcement officer for an alleged
2        violation of law, other than a petty offense, traffic
3        offense, conservation offense, or local ordinance
4        offense;
5            (C) if convicted of a violation of the Cannabis
6        Control Act, Illinois Controlled Substances Act, the
7        Methamphetamine Control and Community Protection Act,
8        the Methamphetamine Precursor Control Act, or the
9        Methamphetamine Precursor Tracking Act unless the
10        petitioner has completed a drug abuse program for the
11        offense on which sealing is sought and provides proof
12        that he or she has completed the program successfully;
13            (D) if convicted of:
14                (i) a sex offense described in Article 11 or
15            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
16            the Criminal Code of 1961;
17                (ii) aggravated assault;
18                (iii) aggravated battery;
19                (iv) domestic battery;
20                (v) aggravated domestic battery;
21                (vi) violation of an order of protection;
22                (vii) an offense under the Criminal Code of
23            1961 involving a firearm;
24                (viii) driving while under the influence of
25            alcohol, other drug or drugs, intoxicating
26            compound or compounds or any combination thereof;

 

 

HB1548 Enrolled- 36 -LRB098 00147 RLC 30148 b

1                (ix) aggravated driving while under the
2            influence of alcohol, other drug or drugs,
3            intoxicating compound or compounds or any
4            combination thereof; or
5                (x) any crime defined as a crime of violence
6            under Section 2 of the Crime Victims Compensation
7            Act.
8    If a person has applied to the Board for a certificate of
9eligibility for sealing and the Board denies the certificate,
10the person must wait at least 4 years before filing again or
11filing for pardon from the Governor unless the Chairman of the
12Prisoner Review Board grants a waiver.
13    The decision to issue or refrain from issuing a certificate
14of eligibility for sealing shall be at the Board's sole
15discretion, and shall not give rise to any cause of action
16against either the Board or its members.
17    The Board may only authorize the sealing of Class 3 and 4
18felony convictions of the petitioner from one information or
19indictment under this paragraph (10). A petitioner may only
20receive one certificate of eligibility for sealing under this
21provision for life; and .
22        (11) upon a petition by a person who after having been
23    convicted of a Class 3 or Class 4 felony thereafter served
24    in the United States Armed Forces or National Guard of this
25    or any other state and had received an honorable discharge
26    from the United States Armed Forces or National Guard or

 

 

HB1548 Enrolled- 37 -LRB098 00147 RLC 30148 b

1    who at the time of filing the petition is enlisted in the
2    United States Armed Forces or National Guard of this or any
3    other state and served one tour of duty and who meets the
4    requirements of this paragraph, hear by at least 3 members
5    and, with the unanimous vote of a panel of 3 members, issue
6    a certificate of eligibility for expungement recommending
7    that the court order the expungement of all official
8    records of the arresting authority, the circuit court
9    clerk, and the Department of State Police concerning the
10    arrest and conviction for the Class 3 or 4 felony. A person
11    may not apply to the Board for a certificate of eligibility
12    for expungement:
13            (A) if convicted of:
14                (i) a sex offense described in Article 11 or
15            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
16            the Criminal Code of 1961 or Criminal Code of 2012;
17                (ii) an offense under the Criminal Code of 1961
18            or Criminal Code of 2012 involving a firearm; or
19                (iii) a crime of violence as defined in Section
20            2 of the Crime Victims Compensation Act; or
21            (B) if the person has not served in the United
22        States Armed Forces or National Guard of this or any
23        other state or has not received an honorable discharge
24        from the United States Armed Forces or National Guard
25        of this or any other state or who at the time of the
26        filing of the petition is serving in the United States

 

 

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1        Armed Forces or National Guard of this or any other
2        state and has not completed one tour of duty.
3        If a person has applied to the Board for a certificate
4    of eligibility for expungement and the Board denies the
5    certificate, the person must wait at least 4 years before
6    filing again or filing for a pardon with authorization for
7    expungement from the Governor unless the Governor or
8    Chairman of the Prisoner Review Board grants a waiver.
9    (a-5) The Prisoner Review Board, with the cooperation of
10and in coordination with the Department of Corrections and the
11Department of Central Management Services, shall implement a
12pilot project in 3 correctional institutions providing for the
13conduct of hearings under paragraphs (1) and (4) of subsection
14(a) of this Section through interactive video conferences. The
15project shall be implemented within 6 months after the
16effective date of this amendatory Act of 1996. Within 6 months
17after the implementation of the pilot project, the Prisoner
18Review Board, with the cooperation of and in coordination with
19the Department of Corrections and the Department of Central
20Management Services, shall report to the Governor and the
21General Assembly regarding the use, costs, effectiveness, and
22future viability of interactive video conferences for Prisoner
23Review Board hearings.
24    (b) Upon recommendation of the Department the Board may
25restore sentence credit previously revoked.
26    (c) The Board shall cooperate with the Department in

 

 

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1promoting an effective system of parole and mandatory
2supervised release.
3    (d) The Board shall promulgate rules for the conduct of its
4work, and the Chairman shall file a copy of such rules and any
5amendments thereto with the Director and with the Secretary of
6State.
7    (e) The Board shall keep records of all of its official
8actions and shall make them accessible in accordance with law
9and the rules of the Board.
10    (f) The Board or one who has allegedly violated the
11conditions of his parole or mandatory supervised release may
12require by subpoena the attendance and testimony of witnesses
13and the production of documentary evidence relating to any
14matter under investigation or hearing. The Chairman of the
15Board may sign subpoenas which shall be served by any agent or
16public official authorized by the Chairman of the Board, or by
17any person lawfully authorized to serve a subpoena under the
18laws of the State of Illinois. The attendance of witnesses, and
19the production of documentary evidence, may be required from
20any place in the State to a hearing location in the State
21before the Chairman of the Board or his designated agent or
22agents or any duly constituted Committee or Subcommittee of the
23Board. Witnesses so summoned shall be paid the same fees and
24mileage that are paid witnesses in the circuit courts of the
25State, and witnesses whose depositions are taken and the
26persons taking those depositions are each entitled to the same

 

 

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1fees as are paid for like services in actions in the circuit
2courts of the State. Fees and mileage shall be vouchered for
3payment when the witness is discharged from further attendance.
4    In case of disobedience to a subpoena, the Board may
5petition any circuit court of the State for an order requiring
6the attendance and testimony of witnesses or the production of
7documentary evidence or both. A copy of such petition shall be
8served by personal service or by registered or certified mail
9upon the person who has failed to obey the subpoena, and such
10person shall be advised in writing that a hearing upon the
11petition will be requested in a court room to be designated in
12such notice before the judge hearing motions or extraordinary
13remedies at a specified time, on a specified date, not less
14than 10 nor more than 15 days after the deposit of the copy of
15the written notice and petition in the U.S. mails addressed to
16the person at his last known address or after the personal
17service of the copy of the notice and petition upon such
18person. The court upon the filing of such a petition, may order
19the person refusing to obey the subpoena to appear at an
20investigation or hearing, or to there produce documentary
21evidence, if so ordered, or to give evidence relative to the
22subject matter of that investigation or hearing. Any failure to
23obey such order of the circuit court may be punished by that
24court as a contempt of court.
25    Each member of the Board and any hearing officer designated
26by the Board shall have the power to administer oaths and to

 

 

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1take the testimony of persons under oath.
2    (g) Except under subsection (a) of this Section, a majority
3of the members then appointed to the Prisoner Review Board
4shall constitute a quorum for the transaction of all business
5of the Board.
6    (h) The Prisoner Review Board shall annually transmit to
7the Director a detailed report of its work for the preceding
8calendar year. The annual report shall also be transmitted to
9the Governor for submission to the Legislature.
10(Source: P.A. 96-875, eff. 1-22-10; 97-697, eff. 6-22-12;
1197-1120, eff. 1-1-13; revised 9-20-12.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.