Full Text of HB4847 96th General Assembly
HB4847 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4847
Introduced 1/15/2010, by Rep. Arthur L. Turner SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. In the expungement review provisions, provides that if the minor appears in person, or by counsel upon a showing that the minor respondent is unavailable due to active military duty or currently out of state attending school (rather than in all cases in which the minor appears in person or by counsel), the court shall hold a hearing to determine whether to expunge the law enforcement and court records of the minor. Provides that evidence of the minor's unavailability at the hearing includes, but is not limited to, a certified certificate of military enlistment, a certified statement of service, or an official school transcript. Effective immediately.
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A BILL FOR
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HB4847 |
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LRB096 16459 RLC 31729 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 5-622 as follows: | 6 |
| (705 ILCS 405/5-622) | 7 |
| Sec. 5-622. Expungement review. Any minor charged with a | 8 |
| misdemeanor offense as a first offense, regardless of the | 9 |
| disposition of the charge, is eligible for expungement review | 10 |
| by the court upon his or her 18th birthday or upon completion | 11 |
| of the minor's sentence or disposition of the charge against | 12 |
| the minor, whichever is later. Upon motion by counsel filed | 13 |
| within 30 days after entry of the judgment of the court, the | 14 |
| court shall set a time for an expungement review hearing within | 15 |
| a month of the minor's 18th birthday or within a month of | 16 |
| completion of the minor's sentence or disposition of the charge | 17 |
| against the minor, whichever is later. No hearing shall be held | 18 |
| if the minor fails to appear, and no penalty shall attach to | 19 |
| the minor. However, if If the minor appears in person , or by | 20 |
| counsel upon a showing that the minor respondent is unavailable | 21 |
| due to active military duty or currently out of state attending | 22 |
| school, the court shall hold a hearing to determine whether to | 23 |
| expunge the law enforcement and court records of the minor. |
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HB4847 |
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LRB096 16459 RLC 31729 b |
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| Evidence of the minor's unavailability at the hearing includes, | 2 |
| but is not limited to, a certified certificate of military | 3 |
| enlistment, a certified statement of service, or an official | 4 |
| school transcript. Objections to expungement shall be limited | 5 |
| to the following: | 6 |
| (a) that the offense for which the minor was arrested | 7 |
| is still under active investigation; | 8 |
| (b) that the minor is a potential witness in an | 9 |
| upcoming court proceeding and that such arrest record is | 10 |
| relevant to that proceeding; | 11 |
| (c) that the arrest at issue was for one of the | 12 |
| following offenses: | 13 |
| (i) any homicide; | 14 |
| (ii) an offense involving a deadly weapon; | 15 |
| (iii) a sex offense as defined in the Sex Offender | 16 |
| Registration Act; | 17 |
| (iv) aggravated domestic battery. | 18 |
| In the absence of an objection, or if the objecting party | 19 |
| fails to prove one of the above-listed objections, the court | 20 |
| shall enter an order granting expungement. The clerk shall | 21 |
| forward a certified copy of the order to the Department of | 22 |
| State Police and the arresting agency. The Department and the | 23 |
| arresting agency shall comply with such order to expunge within | 24 |
| 60 days of receipt. An objection or a denial of an expungement | 25 |
| order under this subsection does not operate to bar the filing | 26 |
| of a Petition to Expunge by the minor under subsection (2) of |
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HB4847 |
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LRB096 16459 RLC 31729 b |
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| Section 5-915 where applicable.
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| (Source: P.A. 96-707, eff. 1-1-10.)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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