Illinois General Assembly - Full Text of HB4796
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Full Text of HB4796  102nd General Assembly

HB4796 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4796

 

Introduced 1/27/2022, by Rep. Barbara Hernandez

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 2630/5.2
55 ILCS 5/5-1058  from Ch. 34, par. 5-1058
65 ILCS 5/11-42-5  from Ch. 24, par. 11-42-5

    Creates the Sidewalk Vendor Access Act. Includes findings and definitions. Provides that a governmental unit (a municipality or county) may not regulate sidewalk vendors except as provided for in the Act. Provides that a governmental unit may adopt a program, by ordinance or resolution, to regulate sidewalk vendors allowing specified regulations. Allows specified fines for violation of a sidewalk vendor program, but criminal penalties are prohibited. Limits home rule powers. Amends the Criminal Identification Act, Counties Code, and Illinois Municipal Code making conforming changes.


LRB102 25458 AWJ 34744 b

 

 

A BILL FOR

 

HB4796LRB102 25458 AWJ 34744 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Sidewalk Vendor Access Act.
 
6    Section 5. Findings.
7    (a) The General Assembly finds and declares all of the
8following:
9        (1) Sidewalk vending provides important
10    entrepreneurship and economic development opportunities to
11    low-income and immigrant communities.
12        (2) Sidewalk vending increases access to desired
13    goods, such as culturally significant food and
14    merchandise.
15        (3) Sidewalk vending contributes to a safe and dynamic
16    public space.
17        (4) The safety and welfare of the general public is
18    promoted by encouraging local authorities to support and
19    properly regulate sidewalk vending.
20        (5) The safety and welfare of the general public is
21    promoted by prohibiting criminal penalties for violations
22    of sidewalk vending ordinances and regulations.
23        (6) The criminalization of small business

 

 

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1    entrepreneurs, and the challenges that those entrepreneurs
2    face as a result of a criminal record, are matters of
3    statewide concern. Further, unnecessary barriers have been
4    erected blocking aspiring entrepreneurs from accessing the
5    formal economy, harming Illinois' economy in the process,
6    and disrupting the regulation of business, which is a
7    matter of statewide concern. Moreover, Illinois has an
8    interest in the regulation of traffic, a matter of
9    statewide concern, whether in ensuring the appropriate
10    flow of traffic or in ensuring the safety of pedestrians
11    on the road or the sidewalk.
12    (b) It is the intent of the General Assembly to promote
13entrepreneurship and support immigrant and low-income
14communities.
 
15    Section 10. Definitions. As used in this Act:
16    "Governmental unit" means a municipality or county.
17    "Roaming sidewalk vendor" means a sidewalk vendor who
18moves from place to place and stops only to complete a
19transaction.
20    "Sidewalk vendor" means a person who sells food or
21merchandise from a pushcart, stand, display, pedal-driven
22cart, wagon, showcase, rack, or other nonmotorized conveyance,
23or from one's person, upon a public sidewalk or other
24pedestrian path.
25    "Stationary sidewalk vendor" means a sidewalk vendor who

 

 

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1vends from a fixed location.
 
2    Section 15. Regulation of sidewalk vendors; applicability.
3    (a) A governmental unit shall not regulate sidewalk
4vendors except in accordance with Sections Section 20 and
5Section 25.
6    (b) Nothing in this Act shall be construed to affect the
7applicability of the Food Handling Regulation Enforcement Act
8or 77 Ill. Adm. Code 750 to the extent that they apply to a
9sidewalk vendor who sells food.
10    (c) Nothing in this Act shall be construed to require a
11governmental unit to adopt a new program to regulate sidewalk
12vendors if the governmental unit has established an existing
13program that substantially complies with the requirements in
14this Act.
 
15    Section 20. Sidewalk vending program; standards.
16    (a) A governmental unit may adopt a program, by ordinance
17or resolution, to regulate sidewalk vendors in compliance with
18this Section.
19    (b) A governmental unit's sidewalk vending program shall
20comply with all of the following standards:
21        (1) A governmental unit shall not require a sidewalk
22    vendor to operate within specific parts of the public
23    right-of-way, except when that restriction is directly
24    related to objective health, safety, or welfare concerns.

 

 

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1        (2) A governmental unit shall not prohibit a sidewalk
2    vendor from selling food or merchandise in a park owned or
3    operated by the governmental unit, except the governmental
4    unit may prohibit stationary sidewalk vendors from vending
5    in the park only if the operator of the park has signed an
6    agreement for concessions that exclusively permits the
7    sale of food or merchandise by the concessionaire.
8        (3) Notwithstanding paragraph (2), a governmental unit
9    may adopt additional requirements regulating the time,
10    place, and manner of sidewalk vending in a park owned or
11    operated by the governmental unit if the requirements are
12    any of the following:
13            (A) Directly related to objective health, safety,
14        or welfare concerns.
15            (B) Necessary to ensure the public's use and
16        enjoyment of natural resources and recreational
17        opportunities.
18            (C) Necessary to prevent an undue concentration of
19        commercial activity that unreasonably interferes with
20        the scenic and natural character of the park.
21        (4) A governmental unit shall not require a sidewalk
22    vendor to first obtain the consent or approval of any
23    nongovernmental entity or individual before he or she can
24    sell food or merchandise.
25        (5) A governmental unit shall not restrict sidewalk
26    vendors to operate only in a designated neighborhood or

 

 

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1    area, except when that restriction is directly related to
2    objective health, safety, or welfare concerns.
3        (6) Notwithstanding paragraph (5), a governmental unit
4    may prohibit stationary sidewalk vendors in areas that are
5    zoned exclusively residential, but shall not prohibit
6    roaming sidewalk vendors in such areas.
7        (7) A governmental unit shall not restrict the overall
8    number of sidewalk vendors permitted to operate within the
9    jurisdiction of the governmental unit unless the
10    restriction is directly related to objective health,
11    safety, or welfare concerns.
12    (c) A governmental unit may, by ordinance or resolution,
13adopt additional requirements regulating the time, place, and
14manner of sidewalk vending if the requirements are directly
15related to objective health, safety, or welfare concerns,
16including, but not limited to, any of the following:
17        (1) Limitations on hours of operation that are not
18    unduly restrictive. In nonresidential areas, any
19    limitations on the hours of operation for sidewalk vending
20    shall not be more restrictive than any limitations on
21    hours of operation imposed on other businesses or uses on
22    the same street.
23        (2) Requirements to maintain sanitary conditions.
24        (3) Requirements necessary to ensure compliance with
25    the federal Americans with Disabilities Act of 1990
26    (Public Law 101-336) and other disability access

 

 

HB4796- 6 -LRB102 25458 AWJ 34744 b

1    standards.
2        (4) Requiring the sidewalk vendor to obtain from the
3    governmental unit a permit for sidewalk vending or a valid
4    business license, provided that the governmental unit
5    issuing the permit or business license accepts an Illinois
6    driver's license or identification card number, an
7    individual taxpayer identification number, or a municipal
8    identification number in lieu of a social security number
9    if the governmental unit otherwise requires a social
10    security number for the issuance of a permit or business
11    license, and that the number collected shall not be
12    available to the public for inspection, is confidential,
13    and shall not be disclosed except as required to
14    administer the permit or licensure program or comply with
15    a State law or State or federal court order.
16        (5) Requiring the sidewalk vendor to possess a
17    certificate of registration from the Department of Revenue
18    if required under Section 3 of the Transient Merchant Act
19    of 1987.
20        (6) Requiring additional licenses from other State or
21    local agencies to the extent required by law.
22        (7) Requiring compliance with other generally
23    applicable laws.
24        (8) Requiring a sidewalk vendor to submit information
25    on his or her operations, including, but not limited to,
26    any of the following:

 

 

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1            (A) The name and current mailing address of the
2        sidewalk vendor.
3            (B) A description of the merchandise offered for
4        sale or exchange.
5            (C) A certification by the vendor that to his or
6        her knowledge and belief, the information contained on
7        the form is true.
8            (D) The certificate of registration from the
9        Department of Revenue, if any, of the sidewalk vendor.
10            (E) If the sidewalk vendor is an agent of an
11        individual, company, partnership, or corporation, the
12        name and business address of the principal.
13    (d) Notwithstanding subsection (b), a governmental unit
14may do both of the following:
15        (1) Prohibit sidewalk vendors in areas located within
16    the immediate vicinity of a farmers' market or flea market
17    during the limited operating hours of that farmers' market
18    or flea market. As used in this paragraph:
19        "Farmers' market" has the meaning given to that term
20    in Section 3.3 of the Food Handling Regulation Enforcement
21    Act.
22        "Flea market" has the meaning given to that term in
23    Section 5.5 of the Transient Merchant Act of 1987
24        (2) Restrict or prohibit sidewalk vendors within the
25    immediate vicinity of an area designated for a temporary
26    special permit issued by the governmental unit, provided

 

 

HB4796- 8 -LRB102 25458 AWJ 34744 b

1    that any notice, business interruption mitigation, or
2    other rights provided to affected businesses or property
3    owners under the governmental unit's temporary special
4    permit are also provided to any sidewalk vendors
5    specifically permitted to operate in the area, if
6    applicable. For purposes of this paragraph, a "temporary
7    special permit" is a permit issued by the governmental
8    unit for the temporary use of, or encroachment on, the
9    sidewalk or other public area, including, but not limited
10    to, an encroachment permit, special event permit, or
11    temporary event permit, for purposes including, but not
12    limited to, filming, parades, or outdoor concerts. A
13    prohibition of sidewalk vendors pursuant to this paragraph
14    shall only be effective for the limited duration of the
15    temporary special permit.
16    (e) For purposes of this Section, perceived community
17animus or economic competition does not constitute an
18objective health, safety, or welfare concern.
 
19    Section 25. Violations
20    (a) A violation of a governmental unit's sidewalk vending
21program that complies with Section 20 is punishable only by
22the following:
23        (1) A fine not exceeding $100 for a first violation.
24        (2) A fine not exceeding $200 for a second violation
25    within one year of the first violation.

 

 

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1        (3) A fine not exceeding $500 for each additional
2    violation within one year of the first violation.
3     A governmental unit may rescind a permit issued to a
4sidewalk vendor for the term of that permit upon the fourth
5violation or subsequent violations.
6    (b) If a governmental unit requires a sidewalk vendor to
7obtain a sidewalk vending permit from the governmental unit,
8vending without a sidewalk vending permit may be punishable by
9the following in lieu of the fines set forth in subsection (a):
10        (1) A fine not exceeding $250 for a first violation.
11        (2) A fine not exceeding $500 for a second violation
12    within one year of the first violation.
13        (3) A fine not exceeding $1,000 for each additional
14    violation within one year of the first violation.
15     Upon proof of a valid permit issued by the governmental
16unit, the fines set forth in this subsection shall be reduced
17to the fines set forth in subsection (a), respectively.
18    (c) The proceeds of a fine assessed pursuant to
19subsections (a) or (b) shall be deposited in the treasury of
20the governmental unit.
21    (d) Failure to pay a fine pursuant to subsections (a) and
22(b) is not punishable as an infraction or misdemeanor.
23Additional fines, fees, assessments, or any other financial
24conditions beyond those authorized in subsections (a) and (b)
25shall not be assessed.
26    (e) A violation of a governmental unit's sidewalk vending

 

 

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1program that complies with Section 20, or a violation of any
2rules or regulations adopted prior to the effective date of
3this amendatory Act of the 102nd General Assembly, that
4regulate or prohibit sidewalk vendors in the jurisdiction of a
5governmental unit, shall not be punishable as an infraction or
6misdemeanor, and the person alleged to have violated any of
7those provisions shall not be subject to arrest, except when
8otherwise permitted under law.
9    (f) Notwithstanding any other provision of law, subsection
10(e) applies to all pending criminal prosecutions under any
11local ordinance or resolution regulating or prohibiting
12sidewalk vendors. Any of those criminal prosecutions that have
13not reached final judgment shall be dismissed.
14    (g) A governmental unit that has not adopted rules or
15regulations by ordinance or resolution that comply with this
16Act shall not cite, fine, or prosecute a sidewalk vendor for a
17violation of any rule or regulation that is inconsistent with
18the standards described in this Act.
19    (h) When assessing a fine pursuant to subsection (a) or
20(b), the individual assessing the fine shall take into
21consideration the person's ability to pay the fine. The
22governmental unit shall provide the person with notice of his
23or her right to request an ability-to-pay determination and
24shall make available instructions or other materials for
25requesting an ability-to-pay determination. The person may
26request an ability-to-pay determination at adjudication or

 

 

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1while the judgment remains unpaid, including when a case is
2delinquent or has been referred to a comprehensive collection
3program.
4    If the person meets the criteria described in Section
55-105 of the Code of Civil Procedure, the governmental unit
6shall accept, in full satisfaction, 20% of the fine imposed
7pursuant to subsection (a) or (b).
8    The governmental unit may allow the person to complete
9community service in lieu of paying the total fine, may waive
10the fine, or may offer an alternative disposition.
 
11    Section 30. Cases or sentences involving sidewalk vending;
12sealing of records. A person who is currently serving, or who
13completed, a sentence, or who is subject to a fine, for a
14conviction of a misdemeanor or infraction for sidewalk
15vending, whether by trial or by plea, who would not have been
16guilty of that offense under this Act had the Act been in
17effect at the time of the offense, may petition for dismissal
18of the sentence, fine, or conviction before the trial court
19that entered the judgment of conviction in his or her case.
20    Upon receiving a petition under this Section, the court
21shall presume the petitioner satisfies this criteria in this
22Section unless the party opposing the petition proves by clear
23and convincing evidence that the petitioner does not satisfy
24the criteria. If the petitioner satisfies the criteria in this
25Section, the court shall grant the petition to dismiss the

 

 

HB4796- 12 -LRB102 25458 AWJ 34744 b

1sentence or fine, if applicable. Upon granting the dismissal,
2the court shall immediately seal the criminal records as
3provided in subsection (g) of Section 5.2 of the Criminal
4Identification Act.
5    Unless requested by the petitioner, no hearing is
6necessary to grant or deny a petition filed under this
7Section.
8    Nothing in this Section is intended to diminish or
9abrogate any rights or remedies otherwise available to the
10petitioner.
11    Nothing in this Section or related provisions is intended
12to diminish or abrogate the finality of judgments in any case
13not falling within the purview of this Act.
 
14    Section 35. Home rule. A home rule governmental unit may
15not regulate sidewalk vendors in a manner inconsistent with
16this Act. This Act is a limitation under subsection (i) of
17Section 6 of Article VII of the Illinois Constitution on the
18concurrent exercise by home rule units of powers and functions
19exercised by the State
 
20    Section 100. The Criminal Identification Act is amended by
21changing Section 5.2 as follows:
 
22    (20 ILCS 2630/5.2)
23    Sec. 5.2. Expungement, sealing, and immediate sealing.

 

 

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1    (a) General Provisions.
2        (1) Definitions. In this Act, words and phrases have
3    the meanings set forth in this subsection, except when a
4    particular context clearly requires a different meaning.
5            (A) The following terms shall have the meanings
6        ascribed to them in the following Sections of the
7        Unified Code of Corrections, 730 ILCS 5/5-1-2 through
8        5/5-1-22:
9                (i) Business Offense, Section 5-1-2. (730 ILCS
10            5/5-1-2),
11                (ii) Charge, Section 5-1-3. (730 ILCS
12            5/5-1-3),
13                (iii) Court, Section 5-1-6. (730 ILCS
14            5/5-1-6),
15                (iv) Defendant, Section 5-1-7. (730 ILCS
16            5/5-1-7),
17                (v) Felony, Section 5-1-9. (730 ILCS 5/5-1-9),
18                (vi) Imprisonment, Section 5-1-10. (730 ILCS
19            5/5-1-10),
20                (vii) Judgment, Section 5-1-12. (730 ILCS
21            5/5-1-12),
22                (viii) Misdemeanor, Section 5-1-14. (730 ILCS
23            5/5-1-14),
24                (ix) Offense, Section 5-1-15. (730 ILCS
25            5/5-1-15),
26                (x) Parole, Section 5-1-16. (730 ILCS

 

 

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

 

 

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

 

 

HB4796- 16 -LRB102 25458 AWJ 34744 b

1        has included the criminal offense for which the
2        sentence or order of supervision or qualified
3        probation was imposed in his or her petition. If
4        multiple sentences, orders of supervision, or orders
5        of qualified probation terminate on the same day and
6        are last in time, they shall be collectively
7        considered the "last sentence" regardless of whether
8        they were ordered to run concurrently.
9            (G) "Minor traffic offense" means a petty offense,
10        business offense, or Class C misdemeanor under the
11        Illinois Vehicle Code or a similar provision of a
12        municipal or local ordinance.
13            (G-5) "Minor Cannabis Offense" means a violation
14        of Section 4 or 5 of the Cannabis Control Act
15        concerning not more than 30 grams of any substance
16        containing cannabis, provided the violation did not
17        include a penalty enhancement under Section 7 of the
18        Cannabis Control Act and is not associated with an
19        arrest, conviction or other disposition for a violent
20        crime as defined in subsection (c) of Section 3 of the
21        Rights of Crime Victims and Witnesses Act.
22            (H) "Municipal ordinance violation" means an
23        offense defined by a municipal or local ordinance that
24        is criminal in nature and with which the petitioner
25        was charged or for which the petitioner was arrested
26        and released without charging.

 

 

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1            (I) "Petitioner" means an adult or a minor
2        prosecuted as an adult who has applied for relief
3        under this Section.
4            (J) "Qualified probation" means an order of
5        probation under Section 10 of the Cannabis Control
6        Act, Section 410 of the Illinois Controlled Substances
7        Act, Section 70 of the Methamphetamine Control and
8        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
9        of the Unified Code of Corrections, Section
10        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
11        those provisions existed before their deletion by
12        Public Act 89-313), Section 10-102 of the Illinois
13        Alcoholism and Other Drug Dependency Act, Section
14        40-10 of the Substance Use Disorder Act, or Section 10
15        of the Steroid Control Act. For the purpose of this
16        Section, "successful completion" of an order of
17        qualified probation under Section 10-102 of the
18        Illinois Alcoholism and Other Drug Dependency Act and
19        Section 40-10 of the Substance Use Disorder Act means
20        that the probation was terminated satisfactorily and
21        the judgment of conviction was vacated.
22            (K) "Seal" means to physically and electronically
23        maintain the records, unless the records would
24        otherwise be destroyed due to age, but to make the
25        records unavailable without a court order, subject to
26        the exceptions in Sections 12 and 13 of this Act. The

 

 

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1        petitioner's name shall also be obliterated from the
2        official index required to be kept by the circuit
3        court clerk under Section 16 of the Clerks of Courts
4        Act, but any index issued by the circuit court clerk
5        before the entry of the order to seal shall not be
6        affected.
7            (L) "Sexual offense committed against a minor"
8        includes, but is not limited to, the offenses of
9        indecent solicitation of a child or criminal sexual
10        abuse when the victim of such offense is under 18 years
11        of age.
12            (M) "Terminate" as it relates to a sentence or
13        order of supervision or qualified probation includes
14        either satisfactory or unsatisfactory termination of
15        the sentence, unless otherwise specified in this
16        Section. A sentence is terminated notwithstanding any
17        outstanding financial legal obligation.
18        (2) Minor Traffic Offenses. Orders of supervision or
19    convictions for minor traffic offenses shall not affect a
20    petitioner's eligibility to expunge or seal records
21    pursuant to this Section.
22        (2.5) Commencing 180 days after July 29, 2016 (the
23    effective date of Public Act 99-697), the law enforcement
24    agency issuing the citation shall automatically expunge,
25    on or before January 1 and July 1 of each year, the law
26    enforcement records of a person found to have committed a

 

 

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1    civil law violation of subsection (a) of Section 4 of the
2    Cannabis Control Act or subsection (c) of Section 3.5 of
3    the Drug Paraphernalia Control Act in the law enforcement
4    agency's possession or control and which contains the
5    final satisfactory disposition which pertain to the person
6    issued a citation for that offense. The law enforcement
7    agency shall provide by rule the process for access,
8    review, and to confirm the automatic expungement by the
9    law enforcement agency issuing the citation. Commencing
10    180 days after July 29, 2016 (the effective date of Public
11    Act 99-697), the clerk of the circuit court shall expunge,
12    upon order of the court, or in the absence of a court order
13    on or before January 1 and July 1 of each year, the court
14    records of a person found in the circuit court to have
15    committed a civil law violation of subsection (a) of
16    Section 4 of the Cannabis Control Act or subsection (c) of
17    Section 3.5 of the Drug Paraphernalia Control Act in the
18    clerk's possession or control and which contains the final
19    satisfactory disposition which pertain to the person
20    issued a citation for any of those offenses.
21        (3) Exclusions. Except as otherwise provided in
22    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
23    of this Section, the court shall not order:
24            (A) the sealing or expungement of the records of
25        arrests or charges not initiated by arrest that result
26        in an order of supervision for or conviction of: (i)

 

 

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1        any sexual offense committed against a minor; (ii)
2        Section 11-501 of the Illinois Vehicle Code or a
3        similar provision of a local ordinance; or (iii)
4        Section 11-503 of the Illinois Vehicle Code or a
5        similar provision of a local ordinance, unless the
6        arrest or charge is for a misdemeanor violation of
7        subsection (a) of Section 11-503 or a similar
8        provision of a local ordinance, that occurred prior to
9        the offender reaching the age of 25 years and the
10        offender has no other conviction for violating Section
11        11-501 or 11-503 of the Illinois Vehicle Code or a
12        similar provision of a local ordinance.
13            (B) the sealing or expungement of records of minor
14        traffic offenses (as defined in subsection (a)(1)(G)),
15        unless the petitioner was arrested and released
16        without charging.
17            (C) the sealing of the records of arrests or
18        charges not initiated by arrest which result in an
19        order of supervision or a conviction for the following
20        offenses:
21                (i) offenses included in Article 11 of the
22            Criminal Code of 1961 or the Criminal Code of 2012
23            or a similar provision of a local ordinance,
24            except Section 11-14 and a misdemeanor violation
25            of Section 11-30 of the Criminal Code of 1961 or
26            the Criminal Code of 2012, or a similar provision

 

 

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1            of a local ordinance;
2                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
3            26-5, or 48-1 of the Criminal Code of 1961 or the
4            Criminal Code of 2012, or a similar provision of a
5            local ordinance;
6                (iii) Sections 12-3.1 or 12-3.2 of the
7            Criminal Code of 1961 or the Criminal Code of
8            2012, or Section 125 of the Stalking No Contact
9            Order Act, or Section 219 of the Civil No Contact
10            Order Act, or a similar provision of a local
11            ordinance;
12                (iv) Class A misdemeanors or felony offenses
13            under the Humane Care for Animals Act; or
14                (v) any offense or attempted offense that
15            would subject a person to registration under the
16            Sex Offender Registration Act.
17            (D) (blank).
18    (b) Expungement.
19        (1) A petitioner may petition the circuit court to
20    expunge the records of his or her arrests and charges not
21    initiated by arrest when each arrest or charge not
22    initiated by arrest sought to be expunged resulted in: (i)
23    acquittal, dismissal, or the petitioner's release without
24    charging, unless excluded by subsection (a)(3)(B); (ii) a
25    conviction which was vacated or reversed, unless excluded
26    by subsection (a)(3)(B); (iii) an order of supervision and

 

 

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1    such supervision was successfully completed by the
2    petitioner, unless excluded by subsection (a)(3)(A) or
3    (a)(3)(B); or (iv) an order of qualified probation (as
4    defined in subsection (a)(1)(J)) and such probation was
5    successfully completed by the petitioner.
6        (1.5) When a petitioner seeks to have a record of
7    arrest expunged under this Section, and the offender has
8    been convicted of a criminal offense, the State's Attorney
9    may object to the expungement on the grounds that the
10    records contain specific relevant information aside from
11    the mere fact of the arrest.
12        (2) Time frame for filing a petition to expunge.
13            (A) When the arrest or charge not initiated by
14        arrest sought to be expunged resulted in an acquittal,
15        dismissal, the petitioner's release without charging,
16        or the reversal or vacation of a conviction, there is
17        no waiting period to petition for the expungement of
18        such records.
19            (B) When the arrest or charge not initiated by
20        arrest sought to be expunged resulted in an order of
21        supervision, successfully completed by the petitioner,
22        the following time frames will apply:
23                (i) Those arrests or charges that resulted in
24            orders of supervision under Section 3-707, 3-708,
25            3-710, or 5-401.3 of the Illinois Vehicle Code or
26            a similar provision of a local ordinance, or under

 

 

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1            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
2            Code of 1961 or the Criminal Code of 2012, or a
3            similar provision of a local ordinance, shall not
4            be eligible for expungement until 5 years have
5            passed following the satisfactory termination of
6            the supervision.
7                (i-5) Those arrests or charges that resulted
8            in orders of supervision for a misdemeanor
9            violation of subsection (a) of Section 11-503 of
10            the Illinois Vehicle Code or a similar provision
11            of a local ordinance, that occurred prior to the
12            offender reaching the age of 25 years and the
13            offender has no other conviction for violating
14            Section 11-501 or 11-503 of the Illinois Vehicle
15            Code or a similar provision of a local ordinance
16            shall not be eligible for expungement until the
17            petitioner has reached the age of 25 years.
18                (ii) Those arrests or charges that resulted in
19            orders of supervision for any other offenses shall
20            not be eligible for expungement until 2 years have
21            passed following the satisfactory termination of
22            the supervision.
23            (C) When the arrest or charge not initiated by
24        arrest sought to be expunged resulted in an order of
25        qualified probation, successfully completed by the
26        petitioner, such records shall not be eligible for

 

 

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1        expungement until 5 years have passed following the
2        satisfactory termination of the probation.
3        (3) Those records maintained by the Illinois State
4    Police Department for persons arrested prior to their 17th
5    birthday shall be expunged as provided in Section 5-915 of
6    the Juvenile Court Act of 1987.
7        (4) Whenever a person has been arrested for or
8    convicted of any offense, in the name of a person whose
9    identity he or she has stolen or otherwise come into
10    possession of, the aggrieved person from whom the identity
11    was stolen or otherwise obtained without authorization,
12    upon learning of the person having been arrested using his
13    or her identity, may, upon verified petition to the chief
14    judge of the circuit wherein the arrest was made, have a
15    court order entered nunc pro tunc by the Chief Judge to
16    correct the arrest record, conviction record, if any, and
17    all official records of the arresting authority, the
18    Illinois State Police Department, other criminal justice
19    agencies, the prosecutor, and the trial court concerning
20    such arrest, if any, by removing his or her name from all
21    such records in connection with the arrest and conviction,
22    if any, and by inserting in the records the name of the
23    offender, if known or ascertainable, in lieu of the
24    aggrieved's name. The records of the circuit court clerk
25    shall be sealed until further order of the court upon good
26    cause shown and the name of the aggrieved person

 

 

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

 

 

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1    clear and convincing evidence that the petitioner was
2    factually innocent of the charge, the court that finds the
3    petitioner factually innocent of the charge shall enter an
4    expungement order for the conviction for which the
5    petitioner has been determined to be innocent as provided
6    in subsection (b) of Section 5-5-4 of the Unified Code of
7    Corrections.
8        (7) Nothing in this Section shall prevent the Illinois
9    Department of State Police from maintaining all records of
10    any person who is admitted to probation upon terms and
11    conditions and who fulfills those terms and conditions
12    pursuant to Section 10 of the Cannabis Control Act,
13    Section 410 of the Illinois Controlled Substances Act,
14    Section 70 of the Methamphetamine Control and Community
15    Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified
16    Code of Corrections, Section 12-4.3 or subdivision (b)(1)
17    of Section 12-3.05 of the Criminal Code of 1961 or the
18    Criminal Code of 2012, Section 10-102 of the Illinois
19    Alcoholism and Other Drug Dependency Act, Section 40-10 of
20    the Substance Use Disorder Act, or Section 10 of the
21    Steroid Control Act.
22        (8) If the petitioner has been granted a certificate
23    of innocence under Section 2-702 of the Code of Civil
24    Procedure, the court that grants the certificate of
25    innocence shall also enter an order expunging the
26    conviction for which the petitioner has been determined to

 

 

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1    be innocent as provided in subsection (h) of Section 2-702
2    of the Code of Civil Procedure.
3    (c) Sealing.
4        (1) Applicability. Notwithstanding any other provision
5    of this Act to the contrary, and cumulative with any
6    rights to expungement of criminal records, this subsection
7    authorizes the sealing of criminal records of adults and
8    of minors prosecuted as adults. Subsection (g) of this
9    Section provides for immediate sealing of certain records.
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, including orders
20        of supervision for municipal ordinance violations,
21        successfully completed by the petitioner, unless
22        excluded by subsection (a)(3);
23            (D) Arrests or charges not initiated by arrest
24        resulting in convictions, including convictions on
25        municipal ordinance violations, unless excluded by
26        subsection (a)(3);

 

 

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1            (E) Arrests or charges not initiated by arrest
2        resulting in orders of first offender probation under
3        Section 10 of the Cannabis Control Act, Section 410 of
4        the Illinois Controlled Substances Act, Section 70 of
5        the Methamphetamine Control and Community Protection
6        Act, or Section 5-6-3.3 of the Unified Code of
7        Corrections; and
8            (F) Arrests or charges not initiated by arrest
9        resulting in felony convictions unless otherwise
10        excluded by subsection (a) paragraph (3) of this
11        Section.
12        (3) When Records Are Eligible to Be Sealed. Records
13    identified as eligible under subsection (c)(2) may be
14    sealed as follows:
15            (A) Records identified as eligible under
16        subsection (c)(2)(A) and (c)(2)(B) may be sealed at
17        any time.
18            (B) Except as otherwise provided in subparagraph
19        (E) of this paragraph (3), records identified as
20        eligible under subsection (c)(2)(C) may be sealed 2
21        years after the termination of petitioner's last
22        sentence (as defined in subsection (a)(1)(F)).
23            (C) Except as otherwise provided in subparagraph
24        (E) of this paragraph (3), records identified as
25        eligible under subsections (c)(2)(D), (c)(2)(E), and
26        (c)(2)(F) may be sealed 3 years after the termination

 

 

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1        of the petitioner's last sentence (as defined in
2        subsection (a)(1)(F)). Convictions requiring public
3        registration under the Arsonist Registration Act, the
4        Sex Offender Registration Act, or the Murderer and
5        Violent Offender Against Youth Registration Act may
6        not be sealed until the petitioner is no longer
7        required to register under that relevant Act.
8            (D) Records identified in subsection
9        (a)(3)(A)(iii) may be sealed after the petitioner has
10        reached the age of 25 years.
11            (E) Records identified as eligible under
12        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
13        (c)(2)(F) may be sealed upon termination of the
14        petitioner's last sentence if the petitioner earned a
15        high school diploma, associate's degree, career
16        certificate, vocational technical certification, or
17        bachelor's degree, or passed the high school level
18        Test of General Educational Development, during the
19        period of his or her sentence or mandatory supervised
20        release. This subparagraph shall apply only to a
21        petitioner who has not completed the same educational
22        goal prior to the period of his or her sentence or
23        mandatory supervised release. If a petition for
24        sealing eligible records filed under this subparagraph
25        is denied by the court, the time periods under
26        subparagraph (B) or (C) shall apply to any subsequent

 

 

HB4796- 30 -LRB102 25458 AWJ 34744 b

1        petition for sealing filed by the petitioner.
2        (4) Subsequent felony convictions. A person may not
3    have subsequent felony conviction records sealed as
4    provided in this subsection (c) if he or she is convicted
5    of any felony offense after the date of the sealing of
6    prior felony convictions as provided in this subsection
7    (c). The court may, upon conviction for a subsequent
8    felony offense, order the unsealing of prior felony
9    conviction records previously ordered sealed by the court.
10        (5) Notice of eligibility for sealing. Upon entry of a
11    disposition for an eligible record under this subsection
12    (c), the petitioner shall be informed by the court of the
13    right to have the records sealed and the procedures for
14    the sealing of the records.
15    (d) Procedure. The following procedures apply to
16expungement under subsections (b), (e), and (e-6) and sealing
17under subsections (c) and (e-5):
18        (1) Filing the petition. Upon becoming eligible to
19    petition for the expungement or sealing of records under
20    this Section, the petitioner shall file a petition
21    requesting the expungement or sealing of records with the
22    clerk of the court where the arrests occurred or the
23    charges were brought, or both. If arrests occurred or
24    charges were brought in multiple jurisdictions, a petition
25    must be filed in each such jurisdiction. The petitioner
26    shall pay the applicable fee, except no fee shall be

 

 

HB4796- 31 -LRB102 25458 AWJ 34744 b

1    required if the petitioner has obtained a court order
2    waiving fees under Supreme Court Rule 298 or it is
3    otherwise waived.
4        (1.5) County fee waiver pilot program. From August 9,
5    2019 (the effective date of Public Act 101-306) through
6    December 31, 2020, in a county of 3,000,000 or more
7    inhabitants, no fee shall be required to be paid by a
8    petitioner if the records sought to be expunged or sealed
9    were arrests resulting in release without charging or
10    arrests or charges not initiated by arrest resulting in
11    acquittal, dismissal, or conviction when the conviction
12    was reversed or vacated, unless excluded by subsection
13    (a)(3)(B). The provisions of this paragraph (1.5), other
14    than this sentence, are inoperative on and after January
15    1, 2022.
16        (2) Contents of petition. The petition shall be
17    verified and shall contain the petitioner's name, date of
18    birth, current address and, for each arrest or charge not
19    initiated by arrest sought to be sealed or expunged, the
20    case number, the date of arrest (if any), the identity of
21    the arresting authority, and such other information as the
22    court may require. During the pendency of the proceeding,
23    the petitioner shall promptly notify the circuit court
24    clerk of any change of his or her address. If the
25    petitioner has received a certificate of eligibility for
26    sealing from the Prisoner Review Board under paragraph

 

 

HB4796- 32 -LRB102 25458 AWJ 34744 b

1    (10) of subsection (a) of Section 3-3-2 of the Unified
2    Code of Corrections, the certificate shall be attached to
3    the petition.
4        (3) Drug test. The petitioner must attach to the
5    petition proof that the petitioner has passed a test taken
6    within 30 days before the filing of the petition showing
7    the absence within his or her body of all illegal
8    substances as defined by the Illinois Controlled
9    Substances Act, the Methamphetamine Control and Community
10    Protection Act, and the Cannabis Control Act if he or she
11    is petitioning to:
12            (A) seal felony records under clause (c)(2)(E);
13            (B) seal felony records for a violation of the
14        Illinois Controlled Substances Act, the
15        Methamphetamine Control and Community Protection Act,
16        or the Cannabis Control Act under clause (c)(2)(F);
17            (C) seal felony records under subsection (e-5); or
18            (D) expunge felony records of a qualified
19        probation under clause (b)(1)(iv).
20        (4) Service of petition. The circuit court clerk shall
21    promptly serve a copy of the petition and documentation to
22    support the petition under subsection (e-5) or (e-6) on
23    the State's Attorney or prosecutor charged with the duty
24    of prosecuting the offense, the Illinois Department of
25    State Police, the arresting agency and the chief legal
26    officer of the unit of local government effecting the

 

 

HB4796- 33 -LRB102 25458 AWJ 34744 b

1    arrest.
2        (5) Objections.
3            (A) Any party entitled to notice of the petition
4        may file an objection to the petition. All objections
5        shall be in writing, shall be filed with the circuit
6        court clerk, and shall state with specificity the
7        basis of the objection. Whenever a person who has been
8        convicted of an offense is granted a pardon by the
9        Governor which specifically authorizes expungement, an
10        objection to the petition may not be filed.
11            (B) Objections to a petition to expunge or seal
12        must be filed within 60 days of the date of service of
13        the petition.
14        (6) Entry of order.
15            (A) The Chief Judge of the circuit wherein the
16        charge was brought, any judge of that circuit
17        designated by the Chief Judge, or in counties of less
18        than 3,000,000 inhabitants, the presiding trial judge
19        at the petitioner's trial, if any, shall rule on the
20        petition to expunge or seal as set forth in this
21        subsection (d)(6).
22            (B) Unless the State's Attorney or prosecutor, the
23        Illinois Department of State Police, the arresting
24        agency, or the chief legal officer files an objection
25        to the petition to expunge or seal within 60 days from
26        the date of service of the petition, the court shall

 

 

HB4796- 34 -LRB102 25458 AWJ 34744 b

1        enter an order granting or denying the petition.
2            (C) Notwithstanding any other provision of law,
3        the court shall not deny a petition for sealing under
4        this Section because the petitioner has not satisfied
5        an outstanding legal financial obligation established,
6        imposed, or originated by a court, law enforcement
7        agency, or a municipal, State, county, or other unit
8        of local government, including, but not limited to,
9        any cost, assessment, fine, or fee. An outstanding
10        legal financial obligation does not include any court
11        ordered restitution to a victim under Section 5-5-6 of
12        the Unified Code of Corrections, unless the
13        restitution has been converted to a civil judgment.
14        Nothing in this subparagraph (C) waives, rescinds, or
15        abrogates a legal financial obligation or otherwise
16        eliminates or affects the right of the holder of any
17        financial obligation to pursue collection under
18        applicable federal, State, or local law.
19        (7) Hearings. If an objection is filed, the court
20    shall set a date for a hearing and notify the petitioner
21    and all parties entitled to notice of the petition of the
22    hearing date at least 30 days prior to the hearing. Prior
23    to the hearing, the State's Attorney shall consult with
24    the Illinois State Police Department as to the
25    appropriateness of the relief sought in the petition to
26    expunge or seal. At the hearing, the court shall hear

 

 

HB4796- 35 -LRB102 25458 AWJ 34744 b

1    evidence on whether the petition should or should not be
2    granted, and shall grant or deny the petition to expunge
3    or seal the records based on the evidence presented at the
4    hearing. The court may consider the following:
5            (A) the strength of the evidence supporting the
6        defendant's conviction;
7            (B) the reasons for retention of the conviction
8        records by the State;
9            (C) the petitioner's age, criminal record history,
10        and employment history;
11            (D) the period of time between the petitioner's
12        arrest on the charge resulting in the conviction and
13        the filing of the petition under this Section; and
14            (E) the specific adverse consequences the
15        petitioner may be subject to if the petition is
16        denied.
17        (8) Service of order. After entering an order to
18    expunge or seal records, the court must provide copies of
19    the order to the Illinois State Police Department, in a
20    form and manner prescribed by the Illinois State Police
21    Department, to the petitioner, to the State's Attorney or
22    prosecutor charged with the duty of prosecuting the
23    offense, to the arresting agency, to the chief legal
24    officer of the unit of local government effecting the
25    arrest, and to such other criminal justice agencies as may
26    be ordered by the court.

 

 

HB4796- 36 -LRB102 25458 AWJ 34744 b

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

 

 

HB4796- 37 -LRB102 25458 AWJ 34744 b

1            (B) Upon entry of an order to expunge records
2        pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
3        both:
4                (i) the records shall be expunged (as defined
5            in subsection (a)(1)(E)) by the arresting agency
6            and any other agency as ordered by the court,
7            within 60 days of the date of service of the order,
8            unless a motion to vacate, modify, or reconsider
9            the order is filed pursuant to paragraph (12) of
10            subsection (d) of this Section;
11                (ii) the records of the circuit court clerk
12            shall be impounded until further order of the
13            court 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                (iii) the records shall be impounded by the
20            Illinois State Police Department within 60 days of
21            the date of service of the order as ordered by the
22            court, unless a motion to vacate, modify, or
23            reconsider the order is filed pursuant to
24            paragraph (12) of subsection (d) of this Section;
25                (iv) records impounded by the Illinois State
26            Police Department may be disseminated by the

 

 

HB4796- 38 -LRB102 25458 AWJ 34744 b

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

 

 

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

 

 

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1        subsection (c), the arresting agency, any other agency
2        as ordered by the court, the Illinois State Police
3        Department, and the court shall seal the records (as
4        defined in subsection (a)(1)(K)). In response to an
5        inquiry for such records, from anyone not authorized
6        by law to access such records, the court, the Illinois
7        State Police Department, or the agency receiving such
8        inquiry shall reply as it does in response to
9        inquiries when no records ever existed.
10            (D) The Illinois State Police Department shall
11        send written notice to the petitioner of its
12        compliance with each order to expunge or seal records
13        within 60 days of the date of service of that order or,
14        if a motion to vacate, modify, or reconsider is filed,
15        within 60 days of service of the order resolving the
16        motion, if that order requires the Illinois State
17        Police Department to expunge or seal records. In the
18        event of an appeal from the circuit court order, the
19        Illinois State Police Department shall send written
20        notice to the petitioner of its compliance with an
21        Appellate Court or Supreme Court judgment to expunge
22        or seal records within 60 days of the issuance of the
23        court's mandate. The notice is not required while any
24        motion to vacate, modify, or reconsider, or any appeal
25        or petition for discretionary appellate review, is
26        pending.

 

 

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1            (E) Upon motion, the court may order that a sealed
2        judgment or other court record necessary to
3        demonstrate the amount of any legal financial
4        obligation due and owing be made available for the
5        limited purpose of collecting any legal financial
6        obligations owed by the petitioner that were
7        established, imposed, or originated in the criminal
8        proceeding for which those records have been sealed.
9        The records made available under this subparagraph (E)
10        shall not be entered into the official index required
11        to be kept by the circuit court clerk under Section 16
12        of the Clerks of Courts Act and shall be immediately
13        re-impounded upon the collection of the outstanding
14        financial obligations.
15            (F) Notwithstanding any other provision of this
16        Section, a circuit court clerk may access a sealed
17        record for the limited purpose of collecting payment
18        for any legal financial obligations that were
19        established, imposed, or originated in the criminal
20        proceedings for which those records have been sealed.
21        (10) Fees. The Illinois State Police Department may
22    charge the petitioner a fee equivalent to the cost of
23    processing any order to expunge or seal records.
24    Notwithstanding any provision of the Clerks of Courts Act
25    to the contrary, the circuit court clerk may charge a fee
26    equivalent to the cost associated with the sealing or

 

 

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1    expungement of records by the circuit court clerk. From
2    the total filing fee collected for the petition to seal or
3    expunge, the circuit court clerk shall deposit $10 into
4    the Circuit Court Clerk Operation and Administrative Fund,
5    to be used to offset the costs incurred by the circuit
6    court clerk in performing the additional duties required
7    to serve the petition to seal or expunge on all parties.
8    The circuit court clerk shall collect and remit the
9    Illinois Department of State Police portion of the fee to
10    the State Treasurer and it shall be deposited in the State
11    Police Services Fund. If the record brought under an
12    expungement petition was previously sealed under this
13    Section, the fee for the expungement petition for that
14    same record shall be waived.
15        (11) Final Order. No court order issued under the
16    expungement or sealing provisions of this Section shall
17    become final for purposes of appeal until 30 days after
18    service of the order on the petitioner and all parties
19    entitled to notice of the petition.
20        (12) Motion to Vacate, Modify, or Reconsider. Under
21    Section 2-1203 of the Code of Civil Procedure, the
22    petitioner or any party entitled to notice may file a
23    motion to vacate, modify, or reconsider the order granting
24    or denying the petition to expunge or seal within 60 days
25    of service of the order. If filed more than 60 days after
26    service of the order, a petition to vacate, modify, or

 

 

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1    reconsider shall comply with subsection (c) of Section
2    2-1401 of the Code of Civil Procedure. Upon filing of a
3    motion to vacate, modify, or reconsider, notice of the
4    motion shall be served upon the petitioner and all parties
5    entitled to notice of the petition.
6        (13) Effect of Order. An order granting a petition
7    under the expungement or sealing provisions of this
8    Section shall not be considered void because it fails to
9    comply with the provisions of this Section or because of
10    any error asserted in a motion to vacate, modify, or
11    reconsider. The circuit court retains jurisdiction to
12    determine whether the order is voidable and to vacate,
13    modify, or reconsider its terms based on a motion filed
14    under paragraph (12) of this subsection (d).
15        (14) Compliance with Order Granting Petition to Seal
16    Records. Unless a court has entered a stay of an order
17    granting a petition to seal, all parties entitled to
18    notice of the petition must fully comply with the terms of
19    the order within 60 days of service of the order even if a
20    party is seeking relief from the order through a motion
21    filed under paragraph (12) of this subsection (d) or is
22    appealing the order.
23        (15) Compliance with Order Granting Petition to
24    Expunge Records. While a party is seeking relief from the
25    order granting the petition to expunge through a motion
26    filed under paragraph (12) of this subsection (d) or is

 

 

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1    appealing the order, and unless a court has entered a stay
2    of that order, the parties entitled to notice of the
3    petition must seal, but need not expunge, the records
4    until there is a final order on the motion for relief or,
5    in the case of an appeal, the issuance of that court's
6    mandate.
7        (16) The changes to this subsection (d) made by Public
8    Act 98-163 apply to all petitions pending on August 5,
9    2013 (the effective date of Public Act 98-163) and to all
10    orders ruling on a petition to expunge or seal on or after
11    August 5, 2013 (the effective date of Public Act 98-163).
12    (e) Whenever a person who has been convicted of an offense
13is granted a pardon by the Governor which specifically
14authorizes expungement, he or she may, upon verified petition
15to the Chief Judge of the circuit where the person had been
16convicted, any judge of the circuit designated by the Chief
17Judge, or in counties of less than 3,000,000 inhabitants, the
18presiding trial judge at the defendant's trial, have a court
19order entered expunging the record of arrest from the official
20records of the arresting authority and order that the records
21of the circuit court clerk and the Illinois State Police
22Department be sealed until further order of the court upon
23good cause shown or as otherwise provided herein, and the name
24of the defendant obliterated from the official index requested
25to be kept by the circuit court clerk under Section 16 of the
26Clerks of Courts Act in connection with the arrest and

 

 

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1conviction for the offense for which he or she had been
2pardoned but the order shall not affect any index issued by the
3circuit court clerk before the entry of the order. All records
4sealed by the Illinois State Police Department may be
5disseminated by the Illinois State Police Department only to
6the arresting authority, the State's Attorney, and the court
7upon a later arrest for the same or similar offense or for the
8purpose of sentencing for any subsequent felony. Upon
9conviction for any subsequent offense, the Department of
10Corrections shall have access to all sealed records of the
11Illinois State Police Department pertaining to that
12individual. Upon entry of the order of expungement, the
13circuit court clerk shall promptly mail a copy of the order to
14the person who was pardoned.
15    (e-5) Whenever a person who has been convicted of an
16offense is granted a certificate of eligibility for sealing by
17the Prisoner Review Board which specifically authorizes
18sealing, 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 sealing the record of arrest from the official records
24of the arresting authority and order that the records of the
25circuit court clerk and the Illinois State Police Department
26be sealed until further order of the court upon good cause

 

 

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

 

 

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1presiding trial judge at the petitioner's trial, have a court
2order entered expunging the record of arrest from the official
3records of the arresting authority and order that the records
4of the circuit court clerk and the Illinois State Police
5Department be sealed until further order of the court upon
6good cause shown or as otherwise provided herein, and the name
7of the petitioner obliterated from the official index
8requested to be kept by the circuit court clerk under Section
916 of the Clerks of Courts Act in connection with the arrest
10and conviction for the offense for which he or she had been
11granted the certificate but the order shall not affect any
12index issued by the circuit court clerk before the entry of the
13order. All records sealed by the Illinois State Police
14Department may be disseminated by the Illinois State Police
15Department only as required by this Act or to the arresting
16authority, a law enforcement agency, the State's Attorney, and
17the court upon a later arrest for the same or similar offense
18or for the purpose of sentencing for any subsequent felony.
19Upon conviction for any subsequent offense, the Department of
20Corrections shall have access to all expunged records of the
21Illinois State Police Department pertaining to that
22individual. Upon entry of the order of expungement, the
23circuit court clerk shall promptly mail a copy of the order to
24the person who was granted the certificate of eligibility for
25expungement.
26    (f) Subject to available funding, the Illinois Department

 

 

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1of Corrections shall conduct a study of the impact of sealing,
2especially on employment and recidivism rates, utilizing a
3random sample of those who apply for the sealing of their
4criminal records under Public Act 93-211. At the request of
5the Illinois Department of Corrections, records of the
6Illinois Department of Employment Security shall be utilized
7as appropriate to assist in the study. The study shall not
8disclose any data in a manner that would allow the
9identification of any particular individual or employing unit.
10The study shall be made available to the General Assembly no
11later than September 1, 2010.
12    (g) Immediate Sealing.
13        (1) Applicability. Notwithstanding any other provision
14    of this Act to the contrary, and cumulative with any
15    rights to expungement or sealing of criminal records, this
16    subsection authorizes the immediate sealing of criminal
17    records of adults and of minors prosecuted as adults.
18        (2) Eligible Records.
19            (A) Arrests or charges not initiated by arrest
20        resulting in acquittal or dismissal with prejudice,
21        except as excluded by subsection (a)(3)(B), that occur
22        on or after January 1, 2018 (the effective date of
23        Public Act 100-282), may be sealed immediately if the
24        petition is filed with the circuit court clerk on the
25        same day and during the same hearing in which the case
26        is disposed.

 

 

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1            (B) Arrests or charges, relating to sidewalk
2        vending that occurred on or before the effective date
3        of this amendatory Act of the 102nd General Assembly
4        that would not have occurred had the Sidewalk Vendor
5        Access Act been in effect at the time of the offense,
6        may be sealed immediately upon granting of a petition
7        under Section 30 of the Sidewalk Vendor Access Act.
8        (3) When Records are Eligible to be Immediately
9    Sealed. Eligible records under paragraph (2) of this
10    subsection (g) may be sealed immediately after entry of
11    the final disposition of a case, notwithstanding the
12    disposition of other charges in the same case.
13        (4) Notice of Eligibility for Immediate Sealing. Upon
14    entry of a disposition for an eligible record under this
15    subsection (g), the defendant shall be informed by the
16    court of his or her right to have eligible records
17    immediately sealed and the procedure for the immediate
18    sealing of these records.
19        (5) Procedure. The following procedures apply to
20    immediate sealing under this subsection (g), except for
21    records under subparagraph (B) of paragraph (2) of this
22    subsection (g).
23            (A) Filing the Petition. Upon entry of the final
24        disposition of the case, the defendant's attorney may
25        immediately petition the court, on behalf of the
26        defendant, for immediate sealing of eligible records

 

 

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1        under paragraph (2) of this subsection (g) that are
2        entered on or after January 1, 2018 (the effective
3        date of Public Act 100-282). The immediate sealing
4        petition may be filed with the circuit court clerk
5        during the hearing in which the final disposition of
6        the case is entered. If the defendant's attorney does
7        not file the petition for immediate sealing during the
8        hearing, the defendant may file a petition for sealing
9        at any time as authorized under subsection (c)(3)(A).
10            (B) Contents of Petition. The immediate sealing
11        petition shall be verified and shall contain the
12        petitioner's name, date of birth, current address, and
13        for each eligible record, the case number, the date of
14        arrest if applicable, the identity of the arresting
15        authority if applicable, and other information as the
16        court may require.
17            (C) Drug Test. The petitioner shall not be
18        required to attach proof that he or she has passed a
19        drug test.
20            (D) Service of Petition. A copy of the petition
21        shall be served on the State's Attorney in open court.
22        The petitioner shall not be required to serve a copy of
23        the petition on any other agency.
24            (E) Entry of Order. The presiding trial judge
25        shall enter an order granting or denying the petition
26        for immediate sealing during the hearing in which it

 

 

HB4796- 51 -LRB102 25458 AWJ 34744 b

1        is filed. Petitions for immediate sealing shall be
2        ruled on in the same hearing in which the final
3        disposition of the case is entered.
4            (F) Hearings. The court shall hear the petition
5        for immediate sealing on the same day and during the
6        same hearing in which the disposition is rendered.
7            (G) Service of Order. An order to immediately seal
8        eligible records shall be served in conformance with
9        subsection (d)(8).
10            (H) Implementation of Order. An order to
11        immediately seal records shall be implemented in
12        conformance with subsections (d)(9)(C) and (d)(9)(D).
13            (I) Fees. The fee imposed by the circuit court
14        clerk and the Illinois Department of State Police
15        shall comply with paragraph (1) of subsection (d) of
16        this Section.
17            (J) Final Order. No court order issued under this
18        subsection (g) shall become final for purposes of
19        appeal until 30 days after service of the order on the
20        petitioner and all parties entitled to service of the
21        order in conformance with subsection (d)(8).
22            (K) Motion to Vacate, Modify, or Reconsider. Under
23        Section 2-1203 of the Code of Civil Procedure, the
24        petitioner, State's Attorney, or the Illinois
25        Department of State Police may file a motion to
26        vacate, modify, or reconsider the order denying the

 

 

HB4796- 52 -LRB102 25458 AWJ 34744 b

1        petition to immediately seal within 60 days of service
2        of the order. If filed more than 60 days after service
3        of the order, a petition to vacate, modify, or
4        reconsider shall comply with subsection (c) of Section
5        2-1401 of the Code of Civil Procedure.
6            (L) Effect of Order. An order granting an
7        immediate sealing petition shall not be considered
8        void because it fails to comply with the provisions of
9        this Section or because of an error asserted in a
10        motion to vacate, modify, or reconsider. The circuit
11        court retains jurisdiction to determine whether the
12        order is voidable, and to vacate, modify, or
13        reconsider its terms based on a motion filed under
14        subparagraph (L) of this subsection (g).
15            (M) Compliance with Order Granting Petition to
16        Seal Records. Unless a court has entered a stay of an
17        order granting a petition to immediately seal, all
18        parties entitled to service of the order must fully
19        comply with the terms of the order within 60 days of
20        service of the order.
21    (h) Sealing; trafficking victims.
22        (1) A trafficking victim as defined by paragraph (10)
23    of subsection (a) of Section 10-9 of the Criminal Code of
24    2012 shall be eligible to petition for immediate sealing
25    of his or her criminal record upon the completion of his or
26    her last sentence if his or her participation in the

 

 

HB4796- 53 -LRB102 25458 AWJ 34744 b

1    underlying offense was a direct result of human
2    trafficking under Section 10-9 of the Criminal Code of
3    2012 or a severe form of trafficking under the federal
4    Trafficking Victims Protection Act.
5        (2) A petitioner under this subsection (h), in
6    addition to the requirements provided under paragraph (4)
7    of subsection (d) of this Section, shall include in his or
8    her petition a clear and concise statement that: (A) he or
9    she was a victim of human trafficking at the time of the
10    offense; and (B) that his or her participation in the
11    offense was a direct result of human trafficking under
12    Section 10-9 of the Criminal Code of 2012 or a severe form
13    of trafficking under the federal Trafficking Victims
14    Protection Act.
15        (3) If an objection is filed alleging that the
16    petitioner is not entitled to immediate sealing under this
17    subsection (h), the court shall conduct a hearing under
18    paragraph (7) of subsection (d) of this Section and the
19    court shall determine whether the petitioner is entitled
20    to immediate sealing under this subsection (h). A
21    petitioner is eligible for immediate relief under this
22    subsection (h) if he or she shows, by a preponderance of
23    the evidence, that: (A) he or she was a victim of human
24    trafficking at the time of the offense; and (B) that his or
25    her participation in the offense was a direct result of
26    human trafficking under Section 10-9 of the Criminal Code

 

 

HB4796- 54 -LRB102 25458 AWJ 34744 b

1    of 2012 or a severe form of trafficking under the federal
2    Trafficking Victims Protection Act.
3    (i) Minor Cannabis Offenses under the Cannabis Control
4Act.
5        (1) Expungement of Arrest Records of Minor Cannabis
6    Offenses.
7            (A) The Illinois Department of State Police and
8        all law enforcement agencies within the State shall
9        automatically expunge all criminal history records of
10        an arrest, charge not initiated by arrest, order of
11        supervision, or order of qualified probation for a
12        Minor Cannabis Offense committed prior to June 25,
13        2019 (the effective date of Public Act 101-27) if:
14                (i) One year or more has elapsed since the
15            date of the arrest or law enforcement interaction
16            documented in the records; and
17                (ii) No criminal charges were filed relating
18            to the arrest or law enforcement interaction or
19            criminal charges were filed and subsequently
20            dismissed or vacated or the arrestee was
21            acquitted.
22            (B) If the law enforcement agency is unable to
23        verify satisfaction of condition (ii) in paragraph
24        (A), records that satisfy condition (i) in paragraph
25        (A) shall be automatically expunged.
26            (C) Records shall be expunged by the law

 

 

HB4796- 55 -LRB102 25458 AWJ 34744 b

1        enforcement agency under the following timelines:
2                (i) Records created prior to June 25, 2019
3            (the effective date of Public Act 101-27), but on
4            or after January 1, 2013, shall be automatically
5            expunged prior to January 1, 2021;
6                (ii) Records created prior to January 1, 2013,
7            but on or after January 1, 2000, shall be
8            automatically expunged prior to January 1, 2023;
9                (iii) Records created prior to January 1, 2000
10            shall be automatically expunged prior to January
11            1, 2025.
12            In response to an inquiry for expunged records,
13        the law enforcement agency receiving such inquiry
14        shall reply as it does in response to inquiries when no
15        records ever existed; however, it shall provide a
16        certificate of disposition or confirmation that the
17        record was expunged to the individual whose record was
18        expunged if such a record exists.
19            (D) Nothing in this Section shall be construed to
20        restrict or modify an individual's right to have that
21        individual's records expunged except as otherwise may
22        be provided in this Act, or diminish or abrogate any
23        rights or remedies otherwise available to the
24        individual.
25        (2) Pardons Authorizing Expungement of Minor Cannabis
26    Offenses.

 

 

HB4796- 56 -LRB102 25458 AWJ 34744 b

1            (A) Upon June 25, 2019 (the effective date of
2        Public Act 101-27), the Department of State Police
3        shall review all criminal history record information
4        and identify all records that meet all of the
5        following criteria:
6                (i) one or more convictions for a Minor
7            Cannabis Offense;
8                (ii) the conviction identified in paragraph
9            (2)(A)(i) did not include a penalty enhancement
10            under Section 7 of the Cannabis Control Act; and
11                (iii) the conviction identified in paragraph
12            (2)(A)(i) is not associated with a conviction for
13            a violent crime as defined in subsection (c) of
14            Section 3 of the Rights of Crime Victims and
15            Witnesses Act.
16            (B) Within 180 days after June 25, 2019 (the
17        effective date of Public Act 101-27), the Department
18        of State Police shall notify the Prisoner Review Board
19        of all such records that meet the criteria established
20        in paragraph (2)(A).
21                (i) The Prisoner Review Board shall notify the
22            State's Attorney of the county of conviction of
23            each record identified by State Police in
24            paragraph (2)(A) that is classified as a Class 4
25            felony. The State's Attorney may provide a written
26            objection to the Prisoner Review Board on the sole

 

 

HB4796- 57 -LRB102 25458 AWJ 34744 b

1            basis that the record identified does not meet the
2            criteria established in paragraph (2)(A). Such an
3            objection must be filed within 60 days or by such
4            later date set by the Prisoner Review Board in the
5            notice after the State's Attorney received notice
6            from the Prisoner Review Board.
7                (ii) In response to a written objection from a
8            State's Attorney, the Prisoner Review Board is
9            authorized to conduct a non-public hearing to
10            evaluate the information provided in the
11            objection.
12                (iii) The Prisoner Review Board shall make a
13            confidential and privileged recommendation to the
14            Governor as to whether to grant a pardon
15            authorizing expungement for each of the records
16            identified by the Department of State Police as
17            described in paragraph (2)(A).
18            (C) If an individual has been granted a pardon
19        authorizing expungement as described in this Section,
20        the Prisoner Review Board, through the Attorney
21        General, shall file a petition for expungement with
22        the Chief Judge of the circuit or any judge of the
23        circuit designated by the Chief Judge where the
24        individual had been convicted. Such petition may
25        include more than one individual. Whenever an
26        individual who has been convicted of an offense is

 

 

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1        granted a pardon by the Governor that specifically
2        authorizes expungement, an objection to the petition
3        may not be filed. Petitions to expunge under this
4        subsection (i) may include more than one individual.
5        Within 90 days of the filing of such a petition, the
6        court shall enter an order expunging the records of
7        arrest from the official records of the arresting
8        authority and order that the records of the circuit
9        court clerk and the Illinois Department of State
10        Police be expunged and the name of the defendant
11        obliterated from the official index requested to be
12        kept by the circuit court clerk under Section 16 of the
13        Clerks of Courts Act in connection with the arrest and
14        conviction for the offense for which the individual
15        had received a pardon but the order shall not affect
16        any index issued by the circuit court clerk before the
17        entry of the order. Upon entry of the order of
18        expungement, the circuit court clerk shall promptly
19        provide a copy of the order and a certificate of
20        disposition to the individual who was pardoned to the
21        individual's last known address or by electronic means
22        (if available) or otherwise make it available to the
23        individual upon request.
24            (D) Nothing in this Section is intended to
25        diminish or abrogate any rights or remedies otherwise
26        available to the individual.

 

 

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1        (3) Any individual may file a motion to vacate and
2    expunge a conviction for a misdemeanor or Class 4 felony
3    violation of Section 4 or Section 5 of the Cannabis
4    Control Act. Motions to vacate and expunge under this
5    subsection (i) may be filed with the circuit court, Chief
6    Judge of a judicial circuit or any judge of the circuit
7    designated by the Chief Judge. The circuit court clerk
8    shall promptly serve a copy of the motion to vacate and
9    expunge, and any supporting documentation, on the State's
10    Attorney or prosecutor charged with the duty of
11    prosecuting the offense. When considering such a motion to
12    vacate and expunge, a court shall consider the following:
13    the reasons to retain the records provided by law
14    enforcement, the petitioner's age, the petitioner's age at
15    the time of offense, the time since the conviction, and
16    the specific adverse consequences if denied. An individual
17    may file such a petition after the completion of any
18    non-financial sentence or non-financial condition imposed
19    by the conviction. Within 60 days of the filing of such
20    motion, a State's Attorney may file an objection to such a
21    petition along with supporting evidence. If a motion to
22    vacate and expunge is granted, the records shall be
23    expunged in accordance with subparagraphs (d)(8) and
24    (d)(9)(A) of this Section. An agency providing civil legal
25    aid, as defined by Section 15 of the Public Interest
26    Attorney Assistance Act, assisting individuals seeking to

 

 

HB4796- 60 -LRB102 25458 AWJ 34744 b

1    file a motion to vacate and expunge under this subsection
2    may file motions to vacate and expunge with the Chief
3    Judge of a judicial circuit or any judge of the circuit
4    designated by the Chief Judge, and the motion may include
5    more than one individual. Motions filed by an agency
6    providing civil legal aid concerning more than one
7    individual may be prepared, presented, and signed
8    electronically.
9        (4) Any State's Attorney may file a motion to vacate
10    and expunge a conviction for a misdemeanor or Class 4
11    felony violation of Section 4 or Section 5 of the Cannabis
12    Control Act. Motions to vacate and expunge under this
13    subsection (i) may be filed with the circuit court, Chief
14    Judge of a judicial circuit or any judge of the circuit
15    designated by the Chief Judge, and may include more than
16    one individual. Motions filed by a State's Attorney
17    concerning more than one individual may be prepared,
18    presented, and signed electronically. When considering
19    such a motion to vacate and expunge, a court shall
20    consider the following: the reasons to retain the records
21    provided by law enforcement, the individual's age, the
22    individual's age at the time of offense, the time since
23    the conviction, and the specific adverse consequences if
24    denied. Upon entry of an order granting a motion to vacate
25    and expunge records pursuant to this Section, the State's
26    Attorney shall notify the Prisoner Review Board within 30

 

 

HB4796- 61 -LRB102 25458 AWJ 34744 b

1    days. Upon entry of the order of expungement, the circuit
2    court clerk shall promptly provide a copy of the order and
3    a certificate of disposition to the individual whose
4    records will be expunged to the individual's last known
5    address or by electronic means (if available) or otherwise
6    make available to the individual upon request. If a motion
7    to vacate and expunge is granted, the records shall be
8    expunged in accordance with subparagraphs (d)(8) and
9    (d)(9)(A) of this Section.
10        (5) In the public interest, the State's Attorney of a
11    county has standing to file motions to vacate and expunge
12    pursuant to this Section in the circuit court with
13    jurisdiction over the underlying conviction.
14        (6) If a person is arrested for a Minor Cannabis
15    Offense as defined in this Section before June 25, 2019
16    (the effective date of Public Act 101-27) and the person's
17    case is still pending but a sentence has not been imposed,
18    the person may petition the court in which the charges are
19    pending for an order to summarily dismiss those charges
20    against him or her, and expunge all official records of
21    his or her arrest, plea, trial, conviction, incarceration,
22    supervision, or expungement. If the court determines, upon
23    review, that: (A) the person was arrested before June 25,
24    2019 (the effective date of Public Act 101-27) for an
25    offense that has been made eligible for expungement; (B)
26    the case is pending at the time; and (C) the person has not

 

 

HB4796- 62 -LRB102 25458 AWJ 34744 b

1    been sentenced of the minor cannabis violation eligible
2    for expungement under this subsection, the court shall
3    consider the following: the reasons to retain the records
4    provided by law enforcement, the petitioner's age, the
5    petitioner's age at the time of offense, the time since
6    the conviction, and the specific adverse consequences if
7    denied. If a motion to dismiss and expunge is granted, the
8    records shall be expunged in accordance with subparagraph
9    (d)(9)(A) of this Section.
10        (7) A person imprisoned solely as a result of one or
11    more convictions for Minor Cannabis Offenses under this
12    subsection (i) shall be released from incarceration upon
13    the issuance of an order under this subsection.
14        (8) The Illinois Department of State Police shall
15    allow a person to use the access and review process,
16    established in the Illinois Department of State Police,
17    for verifying that his or her records relating to Minor
18    Cannabis Offenses of the Cannabis Control Act eligible
19    under this Section have been expunged.
20        (9) No conviction vacated pursuant to this Section
21    shall serve as the basis for damages for time unjustly
22    served as provided in the Court of Claims Act.
23        (10) Effect of Expungement. A person's right to
24    expunge an expungeable offense shall not be limited under
25    this Section. The effect of an order of expungement shall
26    be to restore the person to the status he or she occupied

 

 

HB4796- 63 -LRB102 25458 AWJ 34744 b

1    before the arrest, charge, or conviction.
2        (11) Information. The Illinois Department of State
3    Police shall post general information on its website about
4    the expungement process described in this subsection (i).
5    (j) Felony Prostitution Convictions.
6        (1) Any individual may file a motion to vacate and
7    expunge a conviction for a prior Class 4 felony violation
8    of prostitution. Motions to vacate and expunge under this
9    subsection (j) may be filed with the circuit court, Chief
10    Judge of a judicial circuit, or any judge of the circuit
11    designated by the Chief Judge. When considering the motion
12    to vacate and expunge, a court shall consider the
13    following:
14            (A) the reasons to retain the records provided by
15        law enforcement;
16            (B) the petitioner's age;
17            (C) the petitioner's age at the time of offense;
18        and
19            (D) the time since the conviction, and the
20        specific adverse consequences if denied. An individual
21        may file the petition after the completion of any
22        sentence or condition imposed by the conviction.
23        Within 60 days of the filing of the motion, a State's
24        Attorney may file an objection to the petition along
25        with supporting evidence. If a motion to vacate and
26        expunge is granted, the records shall be expunged in

 

 

HB4796- 64 -LRB102 25458 AWJ 34744 b

1        accordance with subparagraph (d)(9)(A) of this
2        Section. An agency providing civil legal aid, as
3        defined in Section 15 of the Public Interest Attorney
4        Assistance Act, assisting individuals seeking to file
5        a motion to vacate and expunge under this subsection
6        may file motions to vacate and expunge with the Chief
7        Judge of a judicial circuit or any judge of the circuit
8        designated by the Chief Judge, and the motion may
9        include more than one individual.
10        (2) Any State's Attorney may file a motion to vacate
11    and expunge a conviction for a Class 4 felony violation of
12    prostitution. Motions to vacate and expunge under this
13    subsection (j) may be filed with the circuit court, Chief
14    Judge of a judicial circuit, or any judge of the circuit
15    court designated by the Chief Judge, and may include more
16    than one individual. When considering the motion to vacate
17    and expunge, a court shall consider the following reasons:
18            (A) the reasons to retain the records provided by
19        law enforcement;
20            (B) the petitioner's age;
21            (C) the petitioner's age at the time of offense;
22            (D) the time since the conviction; and
23            (E) the specific adverse consequences if denied.
24        If the State's Attorney files a motion to vacate and
25    expunge records for felony prostitution convictions
26    pursuant to this Section, the State's Attorney shall

 

 

HB4796- 65 -LRB102 25458 AWJ 34744 b

1    notify the Prisoner Review Board within 30 days of the
2    filing. If a motion to vacate and expunge is granted, the
3    records shall be expunged in accordance with subparagraph
4    (d)(9)(A) of this Section.
5        (3) In the public interest, the State's Attorney of a
6    county has standing to file motions to vacate and expunge
7    pursuant to this Section in the circuit court with
8    jurisdiction over the underlying conviction.
9        (4) The Illinois State Police shall allow a person to
10    a use the access and review process, established in the
11    Illinois State Police, for verifying that his or her
12    records relating to felony prostitution eligible under
13    this Section have been expunged.
14        (5) No conviction vacated pursuant to this Section
15    shall serve as the basis for damages for time unjustly
16    served as provided in the Court of Claims Act.
17        (6) Effect of Expungement. A person's right to expunge
18    an expungeable offense shall not be limited under this
19    Section. The effect of an order of expungement shall be to
20    restore the person to the status he or she occupied before
21    the arrest, charge, or conviction.
22        (7) Information. The Illinois State Police shall post
23    general information on its website about the expungement
24    process described in this subsection (j).
25(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
26101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.

 

 

HB4796- 66 -LRB102 25458 AWJ 34744 b

112-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
2102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)
 
3    Section 105. The Counties Code is amended by changing
4Section 5-1058 as follows:
 
5    (55 ILCS 5/5-1058)  (from Ch. 34, par. 5-1058)
6    Sec. 5-1058. Hawkers, peddlers, itinerant merchants, and
7transient vendors. A county board may regulate, in the manner
8authorized by this Section hawkers, peddlers, itinerant
9merchants and transient vendors of merchandise in any area not
10within the corporate limits of a municipality which licenses
11or regulates hawkers, peddlers, itinerant merchants, and
12transient vendors of merchandise. The county board may require
13that any such person register his name and the name of any firm
14he represents with the county clerk and may make reasonable
15restrictions of the hours during which he may engage in door -
16to - door solicitation. The board shall not require a fee from
17such persons or make regulations other than those authorized
18by this Section. The provisions of this Section do not apply to
19any county which is a home rule unit.
20    To the extent that this Section conflicts with the
21Sidewalk Vendor Access Act, the Sidewalk Vendor Access Act
22prevails.
23(Source: P.A. 86-962.)
 

 

 

HB4796- 67 -LRB102 25458 AWJ 34744 b

1    Section 110. The Illinois Municipal Code is amended by
2changing Section 11-42-5 as follows:
 
3    (65 ILCS 5/11-42-5)  (from Ch. 24, par. 11-42-5)
4    Sec. 11-42-5. The corporate authorities of each
5municipality may license, tax, regulate, or prohibit hawkers,
6peddlers, pawnbrokers, itinerant merchants, transient vendors
7of merchandise, theatricals and other exhibitions, shows, and
8amusements and may license, tax, and regulate all places for
9eating or amusement. No municipality may impose a tax under
10this Section, or impose any other amusement or exhibition tax,
11on ticket sales, membership fees, or any other charges for
12attending exhibitions or attractions associated with a
13zoological park authorized under Section 40 of the Cook County
14Forest Preserve District Act, nor may any municipality impose
15a duty to collect a tax under this Section, or any other
16amusement or exhibition tax, on any owner or operator of a
17zoological park authorized under Section 40 of the Cook County
18Forest Preserve District Act.
19    To the extent that this Section conflicts with the
20Sidewalk Vendor Access Act, the Sidewalk Vendor Access Act
21prevails.
22(Source: P.A. 96-1516, eff. 2-4-11.)