Bill Status of HB1548  98th General Assembly


Short Description:  EXPUNGEMENT-CLASS 3&4 FELONIES

House Sponsors
Rep. Mike Bost - La Shawn K. Ford - Kelly M. Cassidy, John M. Cabello, Elizabeth Hernandez, Ed Sullivan, Jr., Mary E. Flowers and Camille Y. Lilly

Senate Sponsors
(Sen. Matt Murphy - Patricia Van Pelt - Napoleon Harris, III - Daniel Biss - Michael Noland, Mike Jacobs, Emil Jones, III, Mattie Hunter, Jacqueline Y. Collins, Toi W. Hutchinson, Michael E. Hastings, Jennifer Bertino-Tarrant, William Delgado, Heather A. Steans, John G. Mulroe, Iris Y. Martinez, Bill Cunningham, Steve Stadelman, James F. Clayborne, Jr., Christine Radogno, Melinda Bush and Kimberly A. Lightford)

Last Action
DateChamber Action
  8/16/2013HousePublic Act . . . . . . . . . 98-0399

Statutes Amended In Order of Appearance
20 ILCS 2630/5.2
20 ILCS 2630/13
730 ILCS 5/3-3-2from Ch. 38, par. 1003-3-2


Synopsis As Introduced
Amends the Criminal Identification Act and the Unified Code of Corrections. Provides that upon a petition by a person who has been convicted of a Class 3 or Class 4 felony and who has served in the United States Armed Forces or in the National Guard of this or another state and has received an honorable discharge from the Armed Forces or National Guard and who meets specified requirements, the Prisoner Review Board shall hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for expungement recommending that the court order the expungement of all official records of the arresting authority, the circuit court clerk, and the Department of State Police concerning the arrest and conviction for the Class 3 or 4 felony. Excludes a person convicted of a sex offense, crime of violence, or firearm offense. Provides that if a person has applied to the Board for a certificate of eligibility for expungement and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for a pardon with authorization for expungement from the Governor unless the Governor or Chairman of the Prisoner Review Board grants a waiver. Effective immediately.

House Committee Amendment No. 1
Provides that the circuit court clerk shall promptly serve a copy of the documentation to support the petition for a certificate of eligibility for expungement or sealing or a pardon by the Governor which specifically authorizes expungement on the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Department of State Police, the arresting agency and the chief legal officer of the unit of local government effecting the arrest. Provides that the petitioner before being eligible for a certificate of eligibility for expungement must have first been convicted of a Class 3 or Class 4 felony and then thereafter served in the United States Armed Forces or National Guard of this or any other state and had received an honorable discharge from the United States Armed Forces or National Guard or must at the time of the filing of the petition be enlisted in the United States Armed Forces or National Guard of this or any other state and served one tour of duty.

Actions 
DateChamber Action
  2/11/2013HouseFiled with the Clerk by Rep. Mike Bost
  2/13/2013HouseFirst Reading
  2/13/2013HouseReferred to Rules Committee
  2/19/2013HouseAssigned to Restorative Justice Committee
  2/25/2013HouseAdded Co-Sponsor Rep. John M. Cabello
  2/27/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Mike Bost
  2/27/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/4/2013HouseHouse Committee Amendment No. 1 Rules Refers to Restorative Justice Committee
  3/7/2013HouseHouse Committee Amendment No. 1 Adopted in Restorative Justice Committee; by Voice Vote
  3/7/2013HouseDo Pass as Amended / Short Debate Restorative Justice Committee; 007-000-000
  3/8/2013HousePlaced on Calendar 2nd Reading - Short Debate
  3/8/2013HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  3/8/2013HouseChief Co-Sponsor Changed to Rep. La Shawn K. Ford
  3/8/2013HouseAdded Chief Co-Sponsor Rep. Kelly M. Cassidy
  3/8/2013HouseChief Co-Sponsor Changed to Rep. Kelly M. Cassidy
  3/12/2013HouseSecond Reading - Short Debate
  3/12/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/15/2013HouseThird Reading - Short Debate - Passed 067-041-003
  3/15/2013HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/15/2013HouseAdded Co-Sponsor Rep. Ed Sullivan, Jr.
  3/15/2013HouseAdded Co-Sponsor Rep. Mary E. Flowers
  3/15/2013HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  3/15/2013SenateArrive in Senate
  3/15/2013SenatePlaced on Calendar Order of First Reading
  3/15/2013SenateChief Senate Sponsor Sen. Matt Murphy
  3/15/2013SenateFirst Reading
  3/15/2013SenateReferred to Assignments
  3/19/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  3/20/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Napoleon Harris, III
  3/21/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Daniel Biss
  3/21/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Noland
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. Mike Jacobs
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. Toi W. Hutchinson
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. Michael E. Hastings
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. Jennifer Bertino-Tarrant
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. William Delgado
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. Heather A. Steans
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. John G. Mulroe
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. Iris Y. Martinez
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. Bill Cunningham
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. Steve Stadelman
  3/21/2013SenateAdded as Alternate Co-Sponsor Sen. James F. Clayborne, Jr.
  4/24/2013SenateAssigned to Criminal Law
  5/1/2013SenateAdded as Alternate Co-Sponsor Sen. Christine Radogno
  5/8/2013SenateDo Pass Criminal Law; 008-000-000
  5/8/2013SenatePlaced on Calendar Order of 2nd Reading May 9, 2013
  5/9/2013SenateAdded as Alternate Co-Sponsor Sen. Melinda Bush
  5/14/2013SenateSecond Reading
  5/14/2013SenatePlaced on Calendar Order of 3rd Reading May 15, 2013
  5/21/2013SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/21/2013SenateThird Reading - Passed; 046-006-000
  5/21/2013HousePassed Both Houses
  6/19/2013HouseSent to the Governor
  8/16/2013HouseGovernor Approved
  8/16/2013HouseEffective Date August 16, 2013
  8/16/2013HousePublic Act . . . . . . . . . 98-0399