Illinois General Assembly - Bill Status for HB2391
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 Bill Status of HB2391  93rd General Assembly


Short Description:  AUTOMATIC EXPUNGEMENT

House Sponsors
Rep. Constance A. Howard - Lovana Jones - Eddie Washington - Karen A. Yarbrough - Cynthia Soto, Arthur L. Turner, Monique D. Davis, Julie Hamos, Mark H. Beaubien, Jr., William Davis, Calvin L. Giles and Barbara Flynn Currie

Senate Sponsors
(Sen. Donne E. Trotter - Jacqueline Y. Collins - Carol Ronen - Mattie Hunter - James T. Meeks)

Last Action
DateChamber Action
  1/11/2005HouseSession Sine Die

Statutes Amended In Order of Appearance
20 ILCS 2630/5from Ch. 38, par. 206-5
20 ILCS 2630/11 new
20 ILCS 2630/12 new
20 ILCS 2630/13 new


Synopsis As Introduced
Amends the Criminal Identification Act. Provides that the arrest, conviction, and court records of a person who has been convicted of a misdemeanor shall be expunged and sealed automatically after completion of his or her sentence, if certain conditions apply. Provides that the arrest, conviction, and court records of a person convicted of a Class 4 felony, other than a sex crime or crime of violence, shall be automatically expunged after completion of the person's sentence, if certain conditions apply. Requires the State Appellate Defender to establish an expungement information program. Provides that upon the entry of an expungement order, the person, for purposes of the law, shall be considered not to have been previously convicted. Provides that the past conviction of a person who has been pardoned with respect to the conviction and the records relative to the arrest and underlying conduct cannot be considered by any private or public entity in employment matters, certification, licensing, revocation, registration, in determining good character, or any other matter, whether obtained through the official records of the arrest or obtained from other sources. Divulging an expunged record is a Class B misdemeanor.

House Floor Amendment No. 3
Deletes all. Amends the Criminal Identification Act. Provides for the automatic sealing of arrest and conviction records for persons convicted of or placed on supervision for a misdemeanor or arrested without conviction 3 years after the completion of the defendant's sentence if the defendant does not have a criminal conviction or supervision within that 3 year period. Provides that law enforcement authorities may inspect the sealed records. Provides that records of persons convicted of or placed on supervision for DUI, a sex offense, a violation of an order of protection, or a crime of violence may not be sealed. Provides that the person whose records are sealed must pay a processing fee to the Department of State Police. Permits the State's Attorney to object to the sealing of the records. Provides for a hearing to determine whether the records should be sealed.

Senate Floor Amendment No. 4
Deletes all. Reinserts the provisions of the engrossed bill. Eliminates provision that the keeper of arrest, conviction, or court records who knows that a record was expunged or sealed and knowingly divulges, uses, or publishes information concerning an expunged or sealed record is guilty of a Class B misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both. Provides that the Department State Police portion of the fee for sealing records shall be deposited into the State Police Services Fund. Provides that the Chief Judge of the circuit in which the charge was brought may have the records sealed rather than also a judge designated by the Chief Judge, or in counties of less than 3,000,000, the presiding trial judge at the defendant's trial. Makes other changes.

Actions 
DateChamber Action
  2/20/2003HouseFiled with the Clerk by Rep. Constance A. Howard
  2/20/2003HouseFirst Reading
  2/20/2003HouseReferred to Rules Committee
  2/26/2003HouseAssigned to Judiciary II - Criminal Law Committee
  2/26/2003HouseAdded Chief Co-Sponsor Rep. Lovana Jones
  2/26/2003HouseAdded Chief Co-Sponsor Rep. Eddie Washington
  2/26/2003HouseAdded Chief Co-Sponsor Rep. Karen A. Yarbrough
  2/26/2003HouseAdded Chief Co-Sponsor Rep. Cynthia Soto
  2/26/2003HouseAdded Co-Sponsor Rep. Arthur L. Turner
  2/26/2003HouseAdded Co-Sponsor Rep. Monique D. Davis
  3/6/2003HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 011-001-001
  3/6/2003HousePlaced on Calendar 2nd Reading - Short Debate
  3/18/2003HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Constance A. Howard
  3/18/2003HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/25/2003HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Constance A. Howard
  3/25/2003HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/25/2003HouseSecond Reading - Short Debate
  3/25/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  3/26/2003HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Constance A. Howard
  3/26/2003HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/26/2003HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary II - Criminal Law Committee
  3/27/2003HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary II - Criminal Law Committee; 010-001-000
  3/27/2003HouseAdded Co-Sponsor Rep. Julie Hamos
  3/27/2003HouseAdded Co-Sponsor Rep. Mark H. Beaubien, Jr.
  3/27/2003HouseAdded Co-Sponsor Rep. William Davis
  3/27/2003HouseAdded Co-Sponsor Rep. Calvin L. Giles
  3/27/2003HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  3/27/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/27/2003HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  3/27/2003HouseHouse Floor Amendment No. 1 Tabled Pursuant to Rule 40(a)
  3/27/2003HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)
  3/27/2003HouseThird Reading - Short Debate - Passed 094-012-007
  4/2/2003SenateArrive in Senate
  4/2/2003SenatePlaced on Calendar Order of First Reading April 3, 2003
  4/2/2003SenateChief Senate Sponsor Sen. Donne E. Trotter
  4/2/2003SenateFirst Reading
  4/2/2003SenateReferred to Rules
  4/16/2003SenateAssigned to Judiciary
  4/16/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Donne E. Trotter
  4/16/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  4/29/2003SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  5/1/2003SenateDo Pass Judiciary; 008-000-000
  5/1/2003SenatePlaced on Calendar Order of 2nd Reading May 6, 2003
  5/1/2003SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Donne E. Trotter
  5/1/2003SenateSenate Floor Amendment No. 2 Referred to Rules
  5/2/2003SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Rules
  5/7/2003SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary
  5/8/2003SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Donne E. Trotter
  5/8/2003SenateSenate Floor Amendment No. 3 Referred to Rules
  5/8/2003SenateSenate Floor Amendment No. 2 Postponed - Judiciary
  5/12/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/13/2003SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Donne E. Trotter
  5/13/2003SenateSenate Floor Amendment No. 4 Referred to Rules
  5/13/2003SenateSenate Floor Amendment No. 3 Rules Refers to Judiciary
  5/13/2003SenateSenate Floor Amendment No. 4 Rules Refers to Judiciary
  5/14/2003SenateSenate Floor Amendment No. 2 Postponed - Judiciary
  5/14/2003SenateSenate Floor Amendment No. 3 Postponed - Judiciary
  5/14/2003SenateSenate Floor Amendment No. 4 Be Approved for Consideration Judiciary; 006-004-000
  5/15/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Carol Ronen
  5/15/2003SenateSecond Reading
  5/15/2003SenateSenate Floor Amendment No. 4 Adopted; Trotter
  5/15/2003SenatePlaced on Calendar Order of 3rd Reading May 16, 2003
  5/16/2003SenateThird Reading Deadline Extended - Rule 2-10, to December 31, 2003.
  5/27/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/27/2003SenateAdded as Alternate Chief Co-Sponsor Sen. James T. Meeks
  5/27/2003SenateVerified
  5/27/2003SenateThird Reading - Passed; 030-026-001
  5/27/2003SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/27/2003SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/27/2003SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  5/27/2003HouseArrived in House
  5/27/2003HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 4
  5/27/2003HouseSenate Floor Amendment No. 4 Motion Filed Concur Rep. Constance A. Howard; Motion #1
  5/27/2003HouseSenate Floor Amendment No. 4 Motion to Concur Referred to Rules Committee
  5/27/2003HouseFinal Action Deadline Extended-9(b) May 31, 2003
  5/31/2003HouseSenate Floor Amendment No. 4 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  6/1/2003HouseRule 19(a) / Re-referred to Rules Committee
  1/11/2005HouseSession Sine Die

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