Illinois General Assembly - Full Text of HB1488
Illinois General Assembly

Previous General Assemblies

Full Text of HB1488  95th General Assembly

HB1488 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1488

 

Introduced 2/21/2007, by Rep. Constance A. Howard

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5   from Ch. 38, par. 206-5
730 ILCS 5/5-5.5-20

    Amends the Criminal Identification Act. Permits the court to order the sealing of the criminal records of adults and of minors prosecuted as adults which cannot be sealed pursuant to other provisions of law when the offender has obtained a certificate of good conduct from the Prisoner Review Board and has demonstrated rehabilitation. Permits the sealing of the records of persons who have been convicted of Class 2, 3, or 4 felony violations relating to the manufacture or delivery of cannabis, a controlled substance, or a look-alike substance, or the delivery of methamphetamine. Amends the Unified Code of Corrections. Provides that in determining whether an applicant for a certificate of good conduct has been rehabilitated, the Board shall apply the same criteria used to determine whether a recommendation for executive clemency should be issued, and shall grant the certificate only if the applicant meets those standards. Effective June 1, 2007.


LRB095 10054 RLC 31573 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1488 LRB095 10054 RLC 31573 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Identification Act is amended by
5 changing Section 5 as follows:
 
6     (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
7     Sec. 5. Arrest reports; expungement.
8     (a) All policing bodies of this State shall furnish to the
9 Department, daily, in the form and detail the Department
10 requires, fingerprints and descriptions of all persons who are
11 arrested on charges of violating any penal statute of this
12 State for offenses that are classified as felonies and Class A
13 or B misdemeanors and of all minors of the age of 10 and over
14 who have been arrested for an offense which would be a felony
15 if committed by an adult, and may forward such fingerprints and
16 descriptions for minors arrested for Class A or B misdemeanors.
17 Moving or nonmoving traffic violations under the Illinois
18 Vehicle Code shall not be reported except for violations of
19 Chapter 4, Section 11-204.1, or Section 11-501 of that Code. In
20 addition, conservation offenses, as defined in the Supreme
21 Court Rule 501(c), that are classified as Class B misdemeanors
22 shall not be reported.
23     Whenever an adult or minor prosecuted as an adult, not

 

 

HB1488 - 2 - LRB095 10054 RLC 31573 b

1 having previously been convicted of any criminal offense or
2 municipal ordinance violation, charged with a violation of a
3 municipal ordinance or a felony or misdemeanor, is acquitted or
4 released without being convicted, whether the acquittal or
5 release occurred before, on, or after the effective date of
6 this amendatory Act of 1991, the Chief Judge of the circuit
7 wherein the charge was brought, any judge of that circuit
8 designated by the Chief Judge, or in counties of less than
9 3,000,000 inhabitants, the presiding trial judge at the
10 defendant's trial may upon verified petition of the defendant
11 order the record of arrest expunged from the official records
12 of the arresting authority and the Department and order that
13 the records of the clerk of the circuit court be sealed until
14 further order of the court upon good cause shown and the name
15 of the defendant obliterated on the official index required to
16 be kept by the circuit court clerk under Section 16 of the
17 Clerks of Courts Act, but the order shall not affect any index
18 issued by the circuit court clerk before the entry of the
19 order. The Department may charge the petitioner a fee
20 equivalent to the cost of processing any order to expunge or
21 seal the records, and the fee shall be deposited into the State
22 Police Services Fund. The records of those arrests, however,
23 that result in a disposition of supervision for any offense
24 shall not be expunged from the records of the arresting
25 authority or the Department nor impounded by the court until 2
26 years after discharge and dismissal of supervision. Those

 

 

HB1488 - 3 - LRB095 10054 RLC 31573 b

1 records that result from a supervision for a violation of
2 Section 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
3 Vehicle Code or a similar provision of a local ordinance, or
4 for a violation of Section 12-3.2, 12-15 or 16A-3 of the
5 Criminal Code of 1961, or probation under Section 10 of the
6 Cannabis Control Act, Section 410 of the Illinois Controlled
7 Substances Act, Section 70 of the Methamphetamine Control and
8 Community Protection Act, Section 12-4.3(b)(1) and (2) of the
9 Criminal Code of 1961 (as those provisions existed before their
10 deletion by Public Act 89-313), Section 10-102 of the Illinois
11 Alcoholism and Other Drug Dependency Act when the judgment of
12 conviction has been vacated, Section 40-10 of the Alcoholism
13 and Other Drug Abuse and Dependency Act when the judgment of
14 conviction has been vacated, or Section 10 of the Steroid
15 Control Act shall not be expunged from the records of the
16 arresting authority nor impounded by the court until 5 years
17 after termination of probation or supervision. Those records
18 that result from a supervision for a violation of Section
19 11-501 of the Illinois Vehicle Code or a similar provision of a
20 local ordinance, shall not be expunged. All records set out
21 above may be ordered by the court to be expunged from the
22 records of the arresting authority and impounded by the court
23 after 5 years, but shall not be expunged by the Department, but
24 shall, on court order be sealed by the Department and may be
25 disseminated by the Department only as required by law or to
26 the arresting authority, the State's Attorney, and the court

 

 

HB1488 - 4 - LRB095 10054 RLC 31573 b

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

 

 

HB1488 - 5 - LRB095 10054 RLC 31573 b

1 person 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 issued by
4 the circuit court clerk before the entry of the order. Nothing
5 in this Section shall limit the Department of State Police or
6 other criminal justice agencies or prosecutors from listing
7 under an offender's name the false names he or she has used.
8 For purposes of this Section, convictions for moving and
9 nonmoving traffic violations other than convictions for
10 violations of Chapter 4, Section 11-204.1 or Section 11-501 of
11 the Illinois Vehicle Code shall not be a bar to expunging the
12 record of arrest and court records for violation of a
13 misdemeanor or municipal ordinance.
14     (c) Whenever a person who has been convicted of an offense
15 is granted a pardon by the Governor which specifically
16 authorizes expungement, he may, upon verified petition to the
17 chief judge of the circuit where the person had been convicted,
18 any judge of the circuit designated by the Chief Judge, or in
19 counties of less than 3,000,000 inhabitants, the presiding
20 trial judge at the defendant's trial, may have a court order
21 entered expunging the record of arrest from the official
22 records of the arresting authority and order that the records
23 of the clerk of the circuit court and the Department be sealed
24 until further order of the court upon good cause shown or as
25 otherwise provided herein, and the name of the defendant
26 obliterated from the official index requested to be kept by the

 

 

HB1488 - 6 - LRB095 10054 RLC 31573 b

1 circuit court clerk under Section 16 of the Clerks of Courts
2 Act in connection with the arrest and conviction for the
3 offense for which he had been pardoned but the order shall not
4 affect any index issued by the circuit court clerk before the
5 entry of the order. All records sealed by the Department may be
6 disseminated by the Department only as required by law or to
7 the arresting authority, the State's Attorney, and the court
8 upon a later arrest for the same or similar offense or for the
9 purpose of sentencing for any subsequent felony. Upon
10 conviction for any subsequent offense, the Department of
11 Corrections shall have access to all sealed records of the
12 Department pertaining to that individual. Upon entry of the
13 order of expungement, the clerk of the circuit court shall
14 promptly mail a copy of the order to the person who was
15 pardoned.
16     (c-5) Whenever a person has been convicted of criminal
17 sexual assault, aggravated criminal sexual assault, predatory
18 criminal sexual assault of a child, criminal sexual abuse, or
19 aggravated criminal sexual abuse, the victim of that offense
20 may request that the State's Attorney of the county in which
21 the conviction occurred file a verified petition with the
22 presiding trial judge at the defendant's trial to have a court
23 order entered to seal the records of the clerk of the circuit
24 court in connection with the proceedings of the trial court
25 concerning that offense. However, the records of the arresting
26 authority and the Department of State Police concerning the

 

 

HB1488 - 7 - LRB095 10054 RLC 31573 b

1 offense shall not be sealed. The court, upon good cause shown,
2 shall make the records of the clerk of the circuit court in
3 connection with the proceedings of the trial court concerning
4 the offense available for public inspection.
5     (c-6) If a conviction has been set aside on direct review
6 or on collateral attack and the court determines by clear and
7 convincing evidence that the defendant was factually innocent
8 of the charge, the court shall enter an expungement order as
9 provided in subsection (b) of Section 5-5-4 of the Unified Code
10 of Corrections.
11     (d) Notice of the petition for subsections (a), (b), and
12 (c) shall be served upon the State's Attorney or prosecutor
13 charged with the duty of prosecuting the offense, the
14 Department of State Police, the arresting agency and the chief
15 legal officer of the unit of local government affecting the
16 arrest. Unless the State's Attorney or prosecutor, the
17 Department of State Police, the arresting agency or such chief
18 legal officer objects to the petition within 30 days from the
19 date of the notice, the court shall enter an order granting or
20 denying the petition. The clerk of the court shall promptly
21 mail a copy of the order to the person, the arresting agency,
22 the prosecutor, the Department of State Police and such other
23 criminal justice agencies as may be ordered by the judge.
24     (e) Nothing herein shall prevent the Department of State
25 Police from maintaining all records of any person who is
26 admitted to probation upon terms and conditions and who

 

 

HB1488 - 8 - LRB095 10054 RLC 31573 b

1 fulfills those terms and conditions pursuant to Section 10 of
2 the Cannabis Control Act, Section 410 of the Illinois
3 Controlled Substances Act, Section 70 of the Methamphetamine
4 Control and Community Protection Act, Section 12-4.3 of the
5 Criminal Code of 1961, Section 10-102 of the Illinois
6 Alcoholism and Other Drug Dependency Act, Section 40-10 of the
7 Alcoholism and Other Drug Abuse and Dependency Act, or Section
8 10 of the Steroid Control Act.
9     (f) No court order issued under the expungement provisions
10 of this Section shall become final for purposes of appeal until
11 30 days after notice is received by the Department. Any court
12 order contrary to the provisions of this Section is void.
13     (g) Except as otherwise provided in subsection (c-5) of
14 this Section, the court shall not order the sealing or
15 expungement of the arrest records and records of the circuit
16 court clerk of any person granted supervision for or convicted
17 of any sexual offense committed against a minor under 18 years
18 of age. For the purposes of this Section, "sexual offense
19 committed against a minor" includes but is not limited to the
20 offenses of indecent solicitation of a child or criminal sexual
21 abuse when the victim of such offense is under 18 years of age.
22     (h) (1) Applicability. Notwithstanding any other provision
23 of this Act to the contrary and cumulative with any rights to
24 expungement of criminal records, this subsection authorizes
25 the sealing of criminal records of adults and of minors
26 prosecuted as adults.

 

 

HB1488 - 9 - LRB095 10054 RLC 31573 b

1     (2) Sealable offenses. The following offenses may be
2 sealed:
3         (A) All municipal ordinance violations and
4     misdemeanors, with the exception of the following:
5             (i) violations of Section 11-501 of the Illinois
6         Vehicle Code or a similar provision of a local
7         ordinance;
8             (ii) violations of Article 11 of the Criminal Code
9         of 1961 or a similar provision of a local ordinance,
10         except Section 11-14 of the Criminal Code of 1961 as
11         provided in clause B(i) of this subsection (h);
12             (iii) violations of Section 12-15, 12-30, or 26-5
13         of the Criminal Code of 1961 or a similar provision of
14         a local ordinance;
15             (iv) violations that are a crime of violence as
16         defined in Section 2 of the Crime Victims Compensation
17         Act or a similar provision of a local ordinance;
18             (v) Class A misdemeanor violations of the Humane
19         Care for Animals Act; and
20             (vi) any offense or attempted offense that would
21         subject a person to registration under the Sex Offender
22         Registration Act.
23         (B) Misdemeanor and Class 4 felony violations of:
24             (i) Section 11-14 of the Criminal Code of 1961;
25             (ii) Section 4 of the Cannabis Control Act;
26             (iii) Section 402 of the Illinois Controlled

 

 

HB1488 - 10 - LRB095 10054 RLC 31573 b

1         Substances Act; and
2             (iv) Section 60 of the Methamphetamine Control and
3         Community Protection Act.
4         However, for purposes of this subsection (h), a
5     sentence of first offender probation under Section 10 of
6     the Cannabis Control Act, Section 410 of the Illinois
7     Controlled Substances Act, or Section 70 of the
8     Methamphetamine Control and Community Protection Act shall
9     be treated as a Class 4 felony conviction.
10     (3) Requirements for sealing. Records identified as
11 sealable under clause (h) (2) may be sealed when the individual
12 was:
13         (A) Acquitted of the offense or offenses or released
14     without being convicted.
15         (B) Convicted of the offense or offenses and the
16     conviction or convictions were reversed.
17         (C) Placed on misdemeanor supervision for an offense or
18     offenses; and
19             (i) at least 3 years have elapsed since the
20         completion of the term of supervision, or terms of
21         supervision, if more than one term has been ordered;
22         and
23             (ii) the individual has not been convicted of a
24         felony or misdemeanor or placed on supervision for a
25         misdemeanor or felony during the period specified in
26         clause (i).

 

 

HB1488 - 11 - LRB095 10054 RLC 31573 b

1         (D) Convicted of an offense or offenses; and
2             (i) at least 4 years have elapsed since the last
3         such conviction or term of any sentence, probation,
4         parole, or supervision, if any, whichever is last in
5         time; and
6             (ii) the individual has not been convicted of a
7         felony or misdemeanor or placed on supervision for a
8         misdemeanor or felony during the period specified in
9         clause (i).
10     (4) Requirements for sealing of records when more than one
11 charge and disposition have been filed. When multiple offenses
12 are petitioned to be sealed under this subsection (h), the
13 requirements of the relevant provisions of clauses (h)(3)(A)
14 through (D) each apply. In instances in which more than one
15 waiting period is applicable under clauses (h)(C)(i) and (ii)
16 and (h)(D)(i) and (ii), the longer applicable period applies,
17 and the requirements of clause (h) (3) shall be considered met
18 when the petition is filed after the passage of the longer
19 applicable waiting period. That period commences on the date of
20 the completion of the last sentence or the end of supervision,
21 probation, or parole, whichever is last in time.
22     (5) Subsequent convictions. A person may not have
23 subsequent felony conviction records sealed as provided in this
24 subsection (h) if he or she is convicted of any felony offense
25 after the date of the sealing of prior felony records as
26 provided in this subsection (h).

 

 

HB1488 - 12 - LRB095 10054 RLC 31573 b

1     (6) Notice of eligibility for sealing. Upon acquittal,
2 release without conviction, or being placed on supervision for
3 a sealable offense, or upon conviction of a sealable offense,
4 the person shall be informed by the court of the right to have
5 the records sealed and the procedures for the sealing of the
6 records.
7     (7) Procedure. Upon becoming eligible for the sealing of
8 records under this subsection (h), the person who seeks the
9 sealing of his or her records shall file a petition requesting
10 the sealing of records with the clerk of the court where the
11 charge or charges were brought. The records may be sealed by
12 the Chief Judge of the circuit wherein the charge was brought,
13 any judge of that circuit designated by the Chief Judge, or in
14 counties of less than 3,000,000 inhabitants, the presiding
15 trial judge at the defendant's trial, if any. If charges were
16 brought in multiple jurisdictions, a petition must be filed in
17 each such jurisdiction. The petitioner shall pay the applicable
18 fee, if not waived.
19         (A) Contents of petition. The petition shall contain
20     the petitioner's name, date of birth, current address, each
21     charge, each case number, the date of each charge, the
22     identity of the arresting authority, and such other
23     information as the court may require. During the pendency
24     of the proceeding, the petitioner shall promptly notify the
25     clerk of the court of any change of address.
26         (B) Drug test. A person filing a petition to have his

 

 

HB1488 - 13 - LRB095 10054 RLC 31573 b

1     or her records sealed for a Class 4 felony violation of
2     Section 4 of the Cannabis Control Act or for a Class 4
3     felony violation of Section 402 of the Illinois Controlled
4     Substances Act must attach to the petition proof that the
5     petitioner has passed a test taken within the previous 30
6     days before the filing of the petition showing the absence
7     within his or her body of all illegal substances in
8     violation of either the Illinois Controlled Substances Act
9     or the Cannabis Control Act.
10         (C) Service of petition. The clerk shall promptly serve
11     a copy of the petition on the State's Attorney or
12     prosecutor charged with the duty of prosecuting the
13     offense, the Department of State Police, the arresting
14     agency and the chief legal officer of the unit of local
15     government effecting the arrest.
16         (D) Entry of order. Unless the State's Attorney or
17     prosecutor, the Department of State Police, the arresting
18     agency or such chief legal officer objects to sealing of
19     the records within 90 days of notice the court shall enter
20     an order sealing the defendant's records.
21         (E) Hearing upon objection. If an objection is filed,
22     the court shall set a date for a hearing and notify the
23     petitioner and the parties on whom the petition had been
24     served, and shall hear evidence on whether the sealing of
25     the records should or should not be granted, and shall make
26     a determination on whether to issue an order to seal the

 

 

HB1488 - 14 - LRB095 10054 RLC 31573 b

1     records based on the evidence presented at the hearing.
2         (F) Service of order. After entering the order to seal
3     records, the court must provide copies of the order to the
4     Department, in a form and manner prescribed by the
5     Department, to the petitioner, to the State's Attorney or
6     prosecutor charged with the duty of prosecuting the
7     offense, to the arresting agency, to the chief legal
8     officer of the unit of local government effecting the
9     arrest, and to such other criminal justice agencies as may
10     be ordered by the court.
11     (8) Fees. Notwithstanding any provision of the Clerk of the
12 Courts Act to the contrary, and subject to the approval of the
13 county board, the clerk may charge a fee equivalent to the cost
14 associated with the sealing of records by the clerk and the
15 Department of State Police. The clerk shall forward the
16 Department of State Police portion of the fee to the Department
17 and it shall be deposited into the State Police Services Fund.
18     (h-1)(1) Applicability. Notwithstanding any other
19 provision of this Act to the contrary and cumulative with any
20 rights to expungement of criminal records, this subsection
21 authorizes the sealing of criminal records of adults and of
22 minors prosecuted as adults which cannot be sealed pursuant to
23 subsection (h) when the offender has obtained a certificate of
24 good conduct from the Prisoner Review Board and has
25 demonstrated rehabilitation.
26     (2) Sealable offenses. The following offenses which cannot

 

 

HB1488 - 15 - LRB095 10054 RLC 31573 b

1 be sealed pursuant to subsection (h) of this Section may be
2 sealed:
3         Class 2, 3, and 4 felonies under:
4             (i) Section 5 of the Cannabis Control Act,
5             (ii) Sections 401 and 404 of the Illinois
6         Controlled Substances Act, and
7             (iii) Section 55 of the Methamphetamine Control
8         and Community Protection Act.
9     (2) Findings by the court. An order sealing records shall
10 not be issued by the court unless the court finds that:
11         (A) the person to whom it is to be granted is an
12     eligible offender, as defined in 5-5.5-5 of the Unified
13     Code of Corrections;
14         (B) the sealing is consistent with the rehabilitation
15     of the eligible offender;
16         (C) the sealing is consistent with the public interest;
17         (D) the offender has obtained a certificate of good
18     conduct from the Prisoner Review Board, pursuant to Section
19     5-5.5-30 of the Unified Code of Corrections which requires
20     a minimum of 3 years good conduct by the individual to be
21     measured either from the date of the payment of any fine
22     imposed upon him or her, or from the date of his or her
23     release from custody by parole, mandatory supervised
24     release or commutation or termination of his or her
25     sentence;
26         (E) at least one year has lapsed since the issuance of

 

 

HB1488 - 16 - LRB095 10054 RLC 31573 b

1     the certificate;
2         (F) since the issuance of the certificate of good
3     conduct, the applicant has not been convicted of any
4     offense; and
5         (G) there are no criminal charges pending against the
6     applicant and the applicant is not under parole or
7     mandatory supervised release;
8         (H) the applicant's conduct subsequent to the issuance
9     of the certificate demonstrates rehabilitation.
10     (3) Subsequent convictions. A person may not have
11 subsequent felony conviction records sealed as provided in this
12 subsection (h-1) if he or she is convicted of any felony
13 offense after the date of the sealing of prior felony records
14 as provided in this subsection (h-1).
15     (4) Notice of eligibility for sealing. Upon acquittal,
16 release without conviction, or being placed on supervision for
17 a sealable offense, or upon conviction of a sealable offense,
18 the person shall be informed by the court of the right to have
19 the records sealed and the procedures for the sealing of the
20 records.
21     (5) Procedure. Upon becoming eligible for the sealing of
22 records under this subsection (h-1), the person who seeks the
23 sealing of his or her records shall file a petition requesting
24 the sealing of records with the clerk of the court where the
25 charge or charges were brought. The records may be sealed by
26 the Chief Judge of the circuit wherein the charge was brought,

 

 

HB1488 - 17 - LRB095 10054 RLC 31573 b

1 any judge of that circuit designated by the Chief Judge, or in
2 counties of less than 3,000,000 inhabitants, the presiding
3 trial judge at the defendant's trial, if any. If charges were
4 brought in multiple jurisdictions, a petition must be filed in
5 each such jurisdiction. The petitioner shall pay the applicable
6 fee, if not waived.
7         (A) An order sealing records shall only be issued upon
8     verified application to the court. The court may for the
9     purpose of determining whether such order shall be issued,
10     request its probation service to conduct an investigation
11     of the applicant. Any probation officer requested to make
12     an investigation pursuant to this Section shall prepare and
13     submit to the court a written report in accordance with
14     such request.
15         (B) Contents of petition. The petition shall contain
16     the petitioner's name, date of birth, current address, each
17     charge, each case number, the date of each charge, the
18     identity of the arresting authority, and such other
19     information as the court may require. During the pendency
20     of the proceeding, the petitioner shall promptly notify the
21     clerk of the court of any change of address.
22         (C) Drug test. A person filing a petition to have his
23     or her records sealed pursuant to this subsection must
24     attach to the petition proof that the petitioner has passed
25     a test taken within the previous 30 days before the filing
26     of the petition showing the absence within his or her body

 

 

HB1488 - 18 - LRB095 10054 RLC 31573 b

1     of all illegal substances in violation of either the
2     Illinois Controlled Substances Act, the Methamphetamine
3     Control and Community Protection Act, or the Cannabis
4     Control Act.
5         (D) Service of petition. The clerk shall promptly serve
6     a copy of the petition on the State's Attorney or
7     prosecutor charged with the duty of prosecuting the
8     offense, the Department of State Police, the arresting
9     agency and the chief legal officer of the unit of local
10     government effecting the arrest.
11         (E) Any written report submitted to the court pursuant
12     to this Section is confidential and may not be made
13     available to any person or public or private agency except
14     where specifically required or permitted by law or upon
15     specific authorization of the court. However, upon the
16     court's receipt of such report, the court shall provide a
17     copy of such report, or direct that such report be provided
18     to the applicant's attorney, or the applicant himself or
19     herself, if he or she has no attorney. In its discretion,
20     the court may except from disclosure a part or parts of the
21     report which are not relevant to the granting of a pardon,
22     or sources of information which have been obtained on a
23     promise of confidentiality, or any other portion thereof,
24     disclosure of which would not be in the interest of
25     justice. The action of the court excepting information from
26     disclosure shall be subject to appellate review.

 

 

HB1488 - 19 - LRB095 10054 RLC 31573 b

1         (F) Entry of order. Unless the State's Attorney or
2     prosecutor, the Department of State Police, the arresting
3     agency or such chief legal officer objects to sealing of
4     the records within 90 days of notice the court shall enter
5     an order sealing the defendant's records.
6         (G) Hearing upon objection. If an objection is filed,
7     the court shall set a date for a hearing and notify the
8     petitioner and the parties on whom the petition had been
9     served, and shall hear evidence on whether the sealing of
10     the records should or should not be granted, and shall make
11     a determination on whether to issue an order to seal the
12     records based on the evidence presented at the hearing. In
13     determining whether to enter an order sealing a record the
14     court shall consider all relevant factors including and not
15     limited to:
16             (1) the number of offenses in the record and the
17         disposition and penalties imposed for each;
18             (2) the age of the individual when the crime or
19         crimes were committed;
20             (3) the circumstances surrounding the crime or
21         crimes;
22             (4) the length of time since the last conviction;
23             (5) the nature of the conditions of probation and
24         parole and whether they were fulfilled;
25             (6) rehabilitative efforts relevant to the
26         offenses and circumstances of the petitioner's life

 

 

HB1488 - 20 - LRB095 10054 RLC 31573 b

1         such as alcohol or substance abuse treatment; mental
2         health treatment; anger management; education; job
3         readiness and skills training; parenting training; and
4         participation in community or faith based services or
5         programs, the results of such efforts, and the
6         references of program staff;
7             (7) the facts and circumstances, if any, that led
8         the petitioner to make a choice to engage in no further
9         criminal conduct;
10             (8) the petitioner's work history, both paid and
11         voluntary, and references of employers;
12             (9) character references;
13             (10) any evidence concerning the failure of the
14         petitioner to be rehabilitated and absence of a
15         commitment to refrain from criminal activity; and
16             (11) any other evidence the petitioner may present
17         concerning his or her rehabilitation and commitment to
18         refrain from criminal activity.
19         (H) Service of order. After entering the order to seal
20     records, the court must provide copies of the order to the
21     Department, in a form and manner prescribed by the
22     Department, to the petitioner, to the State's Attorney or
23     prosecutor charged with the duty of prosecuting the
24     offense, to the arresting agency, to the chief legal
25     officer of the unit of local government effecting the
26     arrest, and to such other criminal justice agencies as may

 

 

HB1488 - 21 - LRB095 10054 RLC 31573 b

1     be ordered by the court.
2     (6) Fees. (A) Notwithstanding any provision of the Clerks
3 of Courts Act to the contrary, and subject to the approval of
4 the county board, the clerk may charge a fee equivalent to the
5 cost associated with the sealing of records by the clerk and
6 the Department of State Police. The clerk shall forward the
7 Department of State Police portion of the fee to the Department
8 and it shall be deposited into the State Police Services Fund.
9     (B) Notwithstanding any provision of the Clerks of Courts
10 Act to the contrary, and subject to the approval of the county
11 board, the clerk may charge a fee equivalent to the cost
12 associated with the probation officer's investigation and
13 preparation of the report.
14     (i) Subject to available funding, the Illinois Department
15 of Corrections shall conduct a study of the impact of sealing,
16 especially on employment and recidivism rates, utilizing a
17 random sample of those who apply for the sealing of their
18 criminal records under Public Act 93-211, in accordance to
19 rules adopted by the Department. At the request of the Illinois
20 Department of Corrections, records of the Illinois Department
21 of Employment Security shall be utilized as appropriate to
22 assist in the study. The study shall not disclose any data in a
23 manner that would allow the identification of any particular
24 individual or employing unit. The study shall be made available
25 to the General Assembly no later than September 1, 2006.
26 (Source: P.A. 93-210, eff. 7-18-03; 93-211, eff. 1-1-04;

 

 

HB1488 - 22 - LRB095 10054 RLC 31573 b

1 93-1084, eff. 6-1-05; 94-556, eff. 9-11-05.)
 
2     Section 10. The Unified Code of Corrections is amended by
3 changing Section 5-5.5-20 as follows:
 
4     (730 ILCS 5/5-5.5-20)
5     Sec. 5-5.5-20. Certificates of relief from disabilities
6 issued by the Prisoner Review Board.
7     (a) The Prisoner Review Board shall have the power to issue
8 a certificate of relief from disabilities to:
9         (1) any eligible offender who has been committed to an
10     institution under the jurisdiction of the Department of
11     Corrections. The certificate may be issued by the Board at
12     the time the offender is released from the institution
13     under the conditions of parole or mandatory supervised
14     release or at any time thereafter; or
15         (2) any eligible offender who resides within this State
16     and whose judgment of conviction was rendered by a court in
17     any other jurisdiction.
18     (b) If the Prisoner Review Board has issued a certificate
19 of relief from disabilities, the Board may at any time issue a
20 new certificate enlarging the relief previously granted.
21     (b-5) In determining whether the applicant has been
22 rehabilitated, the Board shall apply the same criteria used to
23 determine whether a recommendation for executive clemency
24 should be issued, and shall grant the certificate only if the

 

 

HB1488 - 23 - LRB095 10054 RLC 31573 b

1 applicant meets those standards.
2     (c) The Prisoner Review Board may not issue any certificate
3 of relief from disabilities under subsections (a) or (b),
4 unless the Board is satisfied that:
5         (1) the person to whom it is to be granted is an
6     eligible offender, as defined in Section 5-5.5-5;
7         (2) the relief to be granted by the certificate is
8     consistent with the rehabilitation of the eligible
9     offender; and
10         (3) the relief to be granted by the certificate is
11     consistent with the public interest.
12     (d) Any certificate of relief from disabilities issued by
13 the Prisoner Review Board to an eligible offender, who at time
14 of the issuance of the certificate is under the conditions of
15 parole or mandatory supervised release established by the
16 Board, shall be deemed to be a temporary certificate until such
17 time as the eligible offender is discharged from parole or
18 mandatory supervised release, and, while temporary, the
19 certificate may be revoked by the Board for violation of the
20 conditions of parole or mandatory supervised release.
21 Revocation shall be upon notice to the parolee or releasee, who
22 shall be accorded an opportunity to explain the violation prior
23 to a decision on the revocation of the certificate. If the
24 certificate is not so revoked, it shall become a permanent
25 certificate upon expiration or termination of the offender's
26 parole or mandatory supervised release term.

 

 

HB1488 - 24 - LRB095 10054 RLC 31573 b

1     (e) In granting or revoking a certificate of relief from
2 disabilities, the action of the Prisoner Review Board shall be
3 by unanimous vote of the members authorized to grant or revoke
4 parole or mandatory supervised release.
5     (f) The certificate may be limited to one or more
6 enumerated disabilities or bars, or may relieve the individual
7 of all disabilities and bars.
8 (Source: P.A. 93-207, eff. 1-1-04.)
 
9     Section 99. Effective date. This Act takes effect June 1,
10 2007.