Full Text of HB6460 96th General Assembly
HB6460enr 96TH GENERAL ASSEMBLY |
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| 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 5.2 as follows: | 6 | | (20 ILCS 2630/5.2) | 7 | | Sec. 5.2. Expungement and sealing. | 8 | | (a) General Provisions. | 9 | | (1) Definitions. In this Act, words and phrases have
| 10 | | the meanings set forth in this subsection, except when a
| 11 | | particular context clearly requires a different meaning. | 12 | | (A) The following terms shall have the meanings | 13 | | ascribed to them in the Unified Code of Corrections, | 14 | | 730 ILCS 5/5-1-2 through 5/5-1-22: | 15 | | (i) Business Offense (730 ILCS 5/5-1-2), | 16 | | (ii) Charge (730 ILCS 5/5-1-3), | 17 | | (iii) Court (730 ILCS 5/5-1-6), | 18 | | (iv) Defendant (730 ILCS 5/5-1-7), | 19 | | (v) Felony (730 ILCS 5/5-1-9), | 20 | | (vi) Imprisonment (730 ILCS 5/5-1-10), | 21 | | (vii) Judgment (730 ILCS 5/5-1-12), | 22 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), | 23 | | (ix) Offense (730 ILCS 5/5-1-15), |
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| 1 | | (x) Parole (730 ILCS 5/5-1-16), | 2 | | (xi) Petty Offense (730 ILCS 5/5-1-17), | 3 | | (xii) Probation (730 ILCS 5/5-1-18), | 4 | | (xiii) Sentence (730 ILCS 5/5-1-19), | 5 | | (xiv) Supervision (730 ILCS 5/5-1-21), and | 6 | | (xv) Victim (730 ILCS 5/5-1-22). | 7 | | (B) As used in this Section, "charge not initiated | 8 | | by arrest" means a charge (as defined by 730 ILCS | 9 | | 5/5-1-3) brought against a defendant where the | 10 | | defendant is not arrested prior to or as a direct | 11 | | result of the charge. | 12 | | (C) "Conviction" means a judgment of conviction or | 13 | | sentence entered upon a plea of guilty or upon a | 14 | | verdict or finding of guilty of an offense, rendered by | 15 | | a legally constituted jury or by a court of competent | 16 | | jurisdiction authorized to try the case without a jury. | 17 | | An order of supervision successfully completed by the | 18 | | petitioner is not a conviction. An order of qualified | 19 | | probation (as defined in subsection (a)(1)(J)) | 20 | | successfully completed by the petitioner is not a | 21 | | conviction. An order of supervision or an order of | 22 | | qualified probation that is terminated | 23 | | unsatisfactorily is a conviction, unless the | 24 | | unsatisfactory termination is reversed, vacated, or | 25 | | modified and the judgment of conviction, if any, is | 26 | | reversed or vacated. |
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| 1 | | (D) "Criminal offense" means a petty offense, | 2 | | business offense, misdemeanor, felony, or municipal | 3 | | ordinance violation (as defined in subsection | 4 | | (a)(1)(H)). As used in this Section, a minor traffic | 5 | | offense (as defined in subsection (a)(1)(G)) shall not | 6 | | be considered a criminal offense. | 7 | | (E) "Expunge" means to physically destroy the | 8 | | records or return them to the petitioner and to | 9 | | obliterate the petitioner's name from any official | 10 | | index or public record, or both. Nothing in this Act | 11 | | shall require the physical destruction of the circuit | 12 | | court file, but such records relating to arrests or | 13 | | charges, or both, ordered expunged shall be impounded | 14 | | as required by subsections (d)(9)(A)(ii) and | 15 | | (d)(9)(B)(ii). | 16 | | (F) As used in this Section, "last sentence" means | 17 | | the sentence, order of supervision, or order of | 18 | | qualified probation (as defined by subsection | 19 | | (a)(1)(J)), for a criminal offense (as defined by | 20 | | subsection (a)(1)(D)) that terminates last in time in | 21 | | any jurisdiction, regardless of whether the petitioner | 22 | | has included the criminal offense for which the | 23 | | sentence or order of supervision or qualified | 24 | | probation was imposed in his or her petition. If | 25 | | multiple sentences, orders of supervision, or orders | 26 | | of qualified probation terminate on the same day and |
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| 1 | | are last in time, they shall be collectively considered | 2 | | the "last sentence" regardless of whether they were | 3 | | ordered to run concurrently. | 4 | | (G) "Minor traffic offense" means a petty offense, | 5 | | business offense, or Class C misdemeanor under the | 6 | | Illinois Vehicle Code or a similar provision of a | 7 | | municipal or local ordinance. | 8 | | (H) "Municipal ordinance violation" means an | 9 | | offense defined by a municipal or local ordinance that | 10 | | is criminal in nature and with which the petitioner was | 11 | | charged or for which the petitioner was arrested and | 12 | | released without charging. | 13 | | (I) "Petitioner" means an adult or a minor | 14 | | prosecuted as an
adult who has applied for relief under | 15 | | this Section. | 16 | | (J) "Qualified probation" means an order of | 17 | | probation under Section 10 of the Cannabis Control Act, | 18 | | Section 410 of the Illinois Controlled Substances Act, | 19 | | Section 70 of the Methamphetamine Control and | 20 | | Community Protection Act, Section 12-4.3(b)(1) and (2) | 21 | | of the Criminal Code of 1961 (as those provisions | 22 | | existed before their deletion by Public Act 89-313), | 23 | | Section 10-102 of the Illinois Alcoholism and Other | 24 | | Drug Dependency Act, Section 40-10 of the Alcoholism | 25 | | and Other Drug Abuse and Dependency Act, or Section 10 | 26 | | of the Steroid Control Act. For the purpose of this |
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| 1 | | Section, "successful completion" of an order of | 2 | | qualified probation under Section 10-102 of the | 3 | | Illinois Alcoholism and Other Drug Dependency Act and | 4 | | Section 40-10 of the Alcoholism and Other Drug Abuse | 5 | | and Dependency Act means that the probation was | 6 | | terminated satisfactorily and the judgment of | 7 | | conviction was vacated. | 8 | | (K) "Seal" means to physically and electronically | 9 | | maintain the records, unless the records would | 10 | | otherwise be destroyed due to age, but to make the | 11 | | records unavailable without a court order, subject to | 12 | | the exceptions in Sections 12 and 13 of this Act. The | 13 | | petitioner's name shall also be obliterated from the | 14 | | official index required to be kept by the circuit court | 15 | | clerk under Section 16 of the Clerks of Courts Act, but | 16 | | any index issued by the circuit court clerk before the | 17 | | entry of the order to seal shall not be affected. | 18 | | (L) "Sexual offense committed against a minor" | 19 | | includes but is
not limited to the offenses of indecent | 20 | | solicitation of a child
or criminal sexual abuse when | 21 | | the victim of such offense is
under 18 years of age. | 22 | | (M) "Terminate" as it relates to a sentence or | 23 | | order of supervision or qualified probation includes | 24 | | either satisfactory or unsatisfactory termination of | 25 | | the sentence, unless otherwise specified in this | 26 | | Section. |
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| 1 | | (2) Minor Traffic Offenses.
Orders of supervision or | 2 | | convictions for minor traffic offenses shall not affect a | 3 | | petitioner's eligibility to expunge or seal records | 4 | | pursuant to this Section. | 5 | | (3) Exclusions. Except as otherwise provided in | 6 | | subsections (b)(5), (b)(6), and (e) of this Section, the | 7 | | court shall not order: | 8 | | (A) the sealing or expungement of the records of | 9 | | arrests or charges not initiated by arrest that result | 10 | | in an order of supervision for or conviction of:
(i) | 11 | | any sexual offense committed against a
minor; (ii) | 12 | | Section 11-501 of the Illinois Vehicle Code or a | 13 | | similar provision of a local ordinance; or (iii) | 14 | | Section 11-503 of the Illinois Vehicle Code or a | 15 | | similar provision of a local ordinance. | 16 | | (B) the sealing or expungement of records of minor | 17 | | traffic offenses (as defined in subsection (a)(1)(G)), | 18 | | unless the petitioner was arrested and released | 19 | | without charging. | 20 | | (C) the sealing of the records of arrests or | 21 | | charges not initiated by arrest which result in an | 22 | | order of supervision, an order of qualified probation | 23 | | (as defined in subsection (a)(1)(J)), or a conviction | 24 | | for the following offenses: | 25 | | (i) offenses included in Article 11 of the | 26 | | Criminal Code of 1961 or a similar provision of a |
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| 1 | | local ordinance, except Section 11-14 of the | 2 | | Criminal Code of 1961 or a similar provision of a | 3 | | local ordinance; | 4 | | (ii) Section 12-15, 12-30, or 26-5 of the | 5 | | Criminal Code of 1961 or a similar provision of a | 6 | | local ordinance; | 7 | | (iii) offenses defined as "crimes of violence" | 8 | | in Section 2 of the Crime Victims Compensation Act | 9 | | or a similar provision of a local ordinance; | 10 | | (iv) offenses which are Class A misdemeanors | 11 | | under the Humane Care for Animals Act; or | 12 | | (v) any offense or attempted offense that | 13 | | would subject a person to registration under the | 14 | | Sex Offender Registration Act. | 15 | | (D) the sealing of the records of an arrest which | 16 | | results in
the petitioner being charged with a felony | 17 | | offense or records of a charge not initiated by arrest | 18 | | for a felony offense, regardless of the disposition, | 19 | | unless: | 20 | | (i) the charge is amended to a misdemeanor and | 21 | | is otherwise
eligible to be sealed pursuant to | 22 | | subsection (c); | 23 | | (ii) the charge results in first offender | 24 | | probation as set forth in subsection (c)(2)(E); or | 25 | | (iii) the charge is for a Class 4 felony | 26 | | offense listed in subsection (c)(2)(F) or the |
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| 1 | | charge is amended to a Class 4 felony offense | 2 | | listed in subsection (c)(2)(F). Records of arrests | 3 | | which result in the petitioner being charged with a | 4 | | Class 4 felony offense listed in subsection | 5 | | (c)(2)(F), records of charges not initiated by | 6 | | arrest for Class 4 felony offenses listed in | 7 | | subsection (c)(2)(F), and records of charges | 8 | | amended to a Class 4 felony offense listed in | 9 | | (c)(2)(F) may be sealed, regardless of the | 10 | | disposition, subject to any waiting periods set | 11 | | forth in subsection (c)(3). | 12 | | (b) Expungement. | 13 | | (1) A petitioner may petition the circuit court to | 14 | | expunge the
records of his or her arrests and charges not | 15 | | initiated by arrest when: | 16 | | (A) He or she has never been convicted of a | 17 | | criminal offense; and | 18 | | (B) Each arrest or charge not initiated by arrest
| 19 | | sought to be expunged resulted in:
(i) acquittal, | 20 | | dismissal, or the petitioner's release without | 21 | | charging, unless excluded by subsection (a)(3)(B);
| 22 | | (ii) a conviction which was vacated or reversed, unless | 23 | | excluded by subsection (a)(3)(B);
(iii) an order of | 24 | | supervision and such supervision was successfully | 25 | | completed by the petitioner, unless excluded by | 26 | | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of |
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| 1 | | qualified probation (as defined in subsection | 2 | | (a)(1)(J)) and such probation was successfully | 3 | | completed by the petitioner. | 4 | | (2) Time frame for filing a petition to expunge. | 5 | | (A) When the arrest or charge not initiated by | 6 | | arrest sought to be expunged resulted in an acquittal, | 7 | | dismissal, the petitioner's release without charging, | 8 | | or the reversal or vacation of a conviction, there is | 9 | | no waiting period to petition for the expungement of | 10 | | such records. | 11 | | (B) When the arrest or charge not initiated by | 12 | | arrest
sought to be expunged resulted in an order of | 13 | | supervision, successfully
completed by the petitioner, | 14 | | the following time frames will apply: | 15 | | (i) Those arrests or charges that resulted in | 16 | | orders of
supervision under Section 3-707, 3-708, | 17 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | 18 | | similar provision of a local ordinance, or under | 19 | | Section 12-3.2 , or 12-15 or 16A-3 of the Criminal | 20 | | Code of 1961, shall not be eligible for expungement | 21 | | until 5 years have passed following the | 22 | | satisfactory termination of the supervision. | 23 | | (ii) Those arrests or charges that resulted in | 24 | | orders
of supervision for any other offenses shall | 25 | | not be
eligible for expungement until 2 years have | 26 | | passed
following the satisfactory termination of |
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| 1 | | the supervision. | 2 | | (C) When the arrest or charge not initiated by | 3 | | arrest sought to
be expunged resulted in an order of | 4 | | qualified probation, successfully
completed by the | 5 | | petitioner, such records shall not be eligible for
| 6 | | expungement until 5 years have passed following the | 7 | | satisfactory
termination of the probation. | 8 | | (3) Those records maintained by the Department for
| 9 | | persons arrested prior to their 17th birthday shall be
| 10 | | expunged as provided in Section 5-915 of the Juvenile Court
| 11 | | Act of 1987. | 12 | | (4) Whenever a person has been arrested for or | 13 | | convicted of any
offense, in the name of a person whose | 14 | | identity he or she has stolen or otherwise
come into | 15 | | possession of, the aggrieved person from whom the identity
| 16 | | was stolen or otherwise obtained without authorization,
| 17 | | upon learning of the person having been arrested using his
| 18 | | or her identity, may, upon verified petition to the chief | 19 | | judge of
the circuit wherein the arrest was made, have a | 20 | | court order
entered nunc pro tunc by the Chief Judge to | 21 | | correct the
arrest record, conviction record, if any, and | 22 | | all official
records of the arresting authority, the | 23 | | Department, other
criminal justice agencies, the | 24 | | prosecutor, and the trial
court concerning such arrest, if | 25 | | any, by removing his or her name
from all such records in | 26 | | connection with the arrest and
conviction, if any, and by |
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| 1 | | inserting in the records the
name of the offender, if known | 2 | | or ascertainable, in lieu of
the aggrieved's name. The | 3 | | records of the circuit court clerk shall be sealed until | 4 | | further order of
the court upon good cause shown and the | 5 | | name of the
aggrieved person obliterated on the official | 6 | | index
required to be kept by the circuit court clerk under
| 7 | | Section 16 of the Clerks of Courts Act, but the order shall
| 8 | | not affect any index issued by the circuit court clerk
| 9 | | before the entry of the order. Nothing in this Section
| 10 | | shall limit the Department of State Police or other
| 11 | | criminal justice agencies or prosecutors from listing
| 12 | | under an offender's name the false names he or she has
| 13 | | used. | 14 | | (5) Whenever a person has been convicted of criminal
| 15 | | sexual assault, aggravated criminal sexual assault,
| 16 | | predatory criminal sexual assault of a child, criminal
| 17 | | sexual abuse, or aggravated criminal sexual abuse, the
| 18 | | victim of that offense may request that the State's
| 19 | | Attorney of the county in which the conviction occurred
| 20 | | file a verified petition with the presiding trial judge at
| 21 | | the petitioner's trial to have a court order entered to | 22 | | seal
the records of the circuit court clerk in connection
| 23 | | with the proceedings of the trial court concerning that
| 24 | | offense. However, the records of the arresting authority
| 25 | | and the Department of State Police concerning the offense
| 26 | | shall not be sealed. The court, upon good cause shown,
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| 1 | | shall make the records of the circuit court clerk in
| 2 | | connection with the proceedings of the trial court
| 3 | | concerning the offense available for public inspection. | 4 | | (6) If a conviction has been set aside on direct review
| 5 | | or on collateral attack and the court determines by clear
| 6 | | and convincing evidence that the petitioner was factually
| 7 | | innocent of the charge, the court shall enter an
| 8 | | expungement order as provided in subsection (b) of Section
| 9 | | 5-5-4 of the Unified Code of Corrections. | 10 | | (7) Nothing in this Section shall prevent the | 11 | | Department of
State Police from maintaining all records of | 12 | | any person who
is admitted to probation upon terms and | 13 | | conditions and who
fulfills those terms and conditions | 14 | | pursuant to Section 10
of the Cannabis Control Act, Section | 15 | | 410 of the Illinois
Controlled Substances Act, Section 70 | 16 | | of the
Methamphetamine Control and Community Protection | 17 | | Act,
Section 12-4.3 of the Criminal Code of 1961, Section | 18 | | 10-102
of the Illinois Alcoholism and Other Drug Dependency | 19 | | Act,
Section 40-10 of the Alcoholism and Other Drug Abuse | 20 | | and
Dependency Act, or Section 10 of the Steroid Control | 21 | | Act. | 22 | | (c) Sealing. | 23 | | (1) Applicability. Notwithstanding any other provision | 24 | | of this Act to the contrary, and cumulative with any rights | 25 | | to expungement of criminal records, this subsection | 26 | | authorizes the sealing of criminal records of adults and of |
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| 1 | | minors prosecuted as adults. | 2 | | (2) Eligible Records. The following records may be | 3 | | sealed: | 4 | | (A) All arrests resulting in release without | 5 | | charging; | 6 | | (B) Arrests or charges not initiated by arrest | 7 | | resulting in acquittal, dismissal, or conviction when | 8 | | the conviction was reversed or vacated, except as | 9 | | excluded by subsection (a)(3)(B) or (a)(3)(D); | 10 | | (C) Arrests or charges not initiated by arrest | 11 | | resulting in orders of supervision successfully | 12 | | completed by the petitioner, unless excluded by | 13 | | subsection (a)(3); | 14 | | (D) Arrests or charges not initiated by arrest | 15 | | resulting in convictions unless excluded by subsection | 16 | | (a)(3); | 17 | | (E) Arrests or charges not initiated by arrest | 18 | | resulting in orders of first offender probation under | 19 | | Section 10 of the Cannabis Control Act, Section 410 of | 20 | | the Illinois Controlled Substances Act, or Section 70 | 21 | | of the Methamphetamine Control and Community | 22 | | Protection Act; and | 23 | | (F) Arrests or charges not initiated by arrest | 24 | | resulting in Class 4 felony convictions for the | 25 | | following offenses: | 26 | | (i) Section 11-14 of the Criminal Code of 1961; |
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| 1 | | (ii) Section 4 of the Cannabis Control Act; | 2 | | (iii) Section 402 of the Illinois Controlled | 3 | | Substances Act; | 4 | | (iv) the Methamphetamine Precursor Control | 5 | | Act; and | 6 | | (v) the Steroid Control Act. | 7 | | (3) When Records Are Eligible to Be Sealed. Records | 8 | | identified as eligible under subsection (c)(2) may be | 9 | | sealed as follows: | 10 | | (A) Records identified as eligible under | 11 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | 12 | | time. | 13 | | (B) Records identified as eligible under | 14 | | subsection (c)(2)(C) may be sealed
(i) 3 years after | 15 | | the termination of petitioner's last sentence (as | 16 | | defined in subsection (a)(1)(F)) if the petitioner has | 17 | | never been convicted of a criminal offense (as defined | 18 | | in subsection (a)(1)(D)); or
(ii) 4 years after the | 19 | | termination of the petitioner's last sentence (as | 20 | | defined in subsection (a)(1)(F)) if the petitioner has | 21 | | ever been convicted of a criminal offense (as defined | 22 | | in subsection (a)(1)(D)). | 23 | | (C) Records identified as eligible under | 24 | | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | 25 | | sealed 4 years after the termination of the | 26 | | petitioner's last sentence (as defined in subsection |
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| 1 | | (a)(1)(F)). | 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 felony | 8 | | offense, order the unsealing of prior felony conviction | 9 | | 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 the | 14 | | sealing of the records. | 15 | | (d) Procedure. The following procedures apply to | 16 | | expungement under subsections (b) and (e), and sealing under | 17 | | subsection (c): | 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, if not waived. |
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| 1 | | (2) Contents of petition. The petition shall be
| 2 | | verified and shall contain the petitioner's name, date of
| 3 | | birth, current address and, for each arrest or charge not | 4 | | initiated by
arrest sought to be sealed or expunged, the | 5 | | case number, the date of
arrest (if any), the identity of | 6 | | the arresting authority, and such
other information as the | 7 | | court may require. During the pendency
of the proceeding, | 8 | | the petitioner shall promptly notify the
circuit court | 9 | | clerk of any change of his or her address. | 10 | | (3) Drug test. The petitioner must attach to the | 11 | | petition proof that the petitioner has passed a test taken | 12 | | within 30 days before the filing of the petition showing | 13 | | the absence within his or her body of all illegal | 14 | | substances as defined by the Illinois Controlled | 15 | | Substances Act, the Methamphetamine Control and Community | 16 | | Protection Act, and the Cannabis Control Act if he or she | 17 | | is petitioning to seal felony records pursuant to clause | 18 | | (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is | 19 | | petitioning to expunge felony records of a qualified | 20 | | probation pursuant to clause (b)(1)(B)(iv). | 21 | | (4) Service of petition. The circuit court clerk shall | 22 | | promptly
serve a copy of the petition on the State's | 23 | | Attorney or
prosecutor charged with the duty of prosecuting | 24 | | the
offense, the Department of State Police, the arresting
| 25 | | agency and the chief legal officer of the unit of local
| 26 | | government effecting the arrest. |
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| 1 | | (5) Objections. | 2 | | (A) Any party entitled to notice of the petition | 3 | | may file an objection to the petition. All objections | 4 | | shall be in writing, shall be filed with the circuit | 5 | | court clerk, and shall state with specificity the basis | 6 | | of the objection. | 7 | | (B) Objections to a petition to expunge or seal | 8 | | must be filed within 60 days of the date of service of | 9 | | the petition. | 10 | | (6) Entry of order. | 11 | | (A) The Chief Judge of the circuit wherein the | 12 | | charge was brought, any judge of that circuit | 13 | | designated by the Chief Judge, or in counties of less | 14 | | than 3,000,000 inhabitants, the presiding trial judge | 15 | | at the petitioner's trial, if any, shall rule on the | 16 | | petition to expunge or seal as set forth in this | 17 | | subsection (d)(6). | 18 | | (B) Unless the State's Attorney or prosecutor, the | 19 | | Department of
State Police, the arresting agency, or | 20 | | the chief legal officer
files an objection to the | 21 | | petition to expunge or seal within 60 days from the | 22 | | date of service of the petition, the court shall enter | 23 | | an order granting or denying the petition. | 24 | | (7) Hearings. If an objection is filed, the court shall | 25 | | set a date for a hearing and notify the petitioner and all | 26 | | parties entitled to notice of the petition of the hearing |
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| 1 | | date at least 30 days prior to the hearing, and shall hear | 2 | | evidence on whether the petition should or should not be | 3 | | granted, and shall grant or deny the petition to expunge or | 4 | | seal the records based on the evidence presented at the | 5 | | hearing. | 6 | | (8) Service of order. After entering an order to | 7 | | expunge or
seal records, the court must provide copies of | 8 | | the order to the
Department, in a form and manner | 9 | | prescribed by the Department,
to the petitioner, to the | 10 | | State's Attorney or prosecutor
charged with the duty of | 11 | | prosecuting the offense, to the
arresting agency, to the | 12 | | chief legal officer of the unit of
local government | 13 | | effecting the arrest, and to such other
criminal justice | 14 | | agencies as may be ordered by the court. | 15 | | (9) Effect of order. | 16 | | (A) Upon entry of an order to expunge records | 17 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | 18 | | (i) the records shall be expunged (as defined | 19 | | in subsection (a)(1)(E)) by the arresting agency, | 20 | | the Department, and any other agency as ordered by | 21 | | the court, within 60 days of the date of service of | 22 | | the order, 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 | | (ii) the records of the circuit court clerk | 26 | | shall be impounded until further order of the court |
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| 1 | | upon good cause shown and the name of the | 2 | | petitioner obliterated on the official index | 3 | | required to be kept by the circuit court clerk | 4 | | under Section 16 of the Clerks of Courts Act, but | 5 | | the order shall not affect any index issued by the | 6 | | circuit court clerk before the entry of the order; | 7 | | and | 8 | | (iii) in response to an inquiry for expunged | 9 | | records, the court, the Department, or the agency | 10 | | receiving such inquiry, shall reply as it does in | 11 | | response to inquiries when no records ever | 12 | | existed. | 13 | | (B) Upon entry of an order to expunge records | 14 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | 15 | | (i) the records shall be expunged (as defined | 16 | | in subsection (a)(1)(E)) by the arresting agency | 17 | | and any other agency as ordered by the court, | 18 | | within 60 days of the date of service of the order, | 19 | | unless a motion to vacate, modify, or reconsider | 20 | | the order is filed pursuant to paragraph (12) of | 21 | | subsection (d) of this Section; | 22 | | (ii) the records of the circuit court clerk | 23 | | shall be impounded until further order of the court | 24 | | upon good cause shown and the name of the | 25 | | petitioner obliterated on the official index | 26 | | required to be kept by the circuit court clerk |
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| 1 | | under Section 16 of the Clerks of Courts Act, but | 2 | | the order shall not affect any index issued by the | 3 | | circuit court clerk before the entry of the order; | 4 | | (iii) the records shall be impounded by the
| 5 | | Department within 60 days of the date of service of | 6 | | the order as ordered by the court, unless a motion | 7 | | to vacate, modify, or reconsider the order is filed | 8 | | pursuant to paragraph (12) of subsection (d) of | 9 | | this Section; | 10 | | (iv) records impounded by the Department may | 11 | | be disseminated by the Department only to the | 12 | | arresting authority, the State's Attorney, and the | 13 | | court upon a later arrest for the same or a similar | 14 | | offense or for the purpose of sentencing for any | 15 | | subsequent felony, and to the Department of | 16 | | Corrections upon conviction for any offense; and | 17 | | (v) in response to an inquiry for such records | 18 | | from anyone not authorized by law to access such | 19 | | records the court, the Department, or the agency | 20 | | receiving such inquiry shall reply as it does in | 21 | | response to inquiries when no records ever | 22 | | existed. | 23 | | (C) Upon entry of an order to seal records under | 24 | | subsection
(c), the arresting agency, any other agency | 25 | | as ordered by the court, the Department, and the court | 26 | | shall seal the records (as defined in subsection |
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| 1 | | (a)(1)(K)). In response to an inquiry for such records | 2 | | from anyone not authorized by law to access such | 3 | | records the court, the Department, or the agency | 4 | | receiving such inquiry shall reply as it does in | 5 | | response to inquiries when no records ever existed. | 6 | | (10) Fees. The Department may charge the petitioner a | 7 | | fee equivalent to the cost of processing any order to | 8 | | expunge or seal records. Notwithstanding any provision of | 9 | | the Clerks of Courts Act to the contrary, the circuit court | 10 | | clerk may charge a fee equivalent to the cost associated | 11 | | with the sealing or expungement of records by the circuit | 12 | | court clerk. From the total filing fee collected for the | 13 | | petition to seal or expunge, the circuit court clerk shall | 14 | | deposit $10 into the Circuit Court Clerk Operation and | 15 | | Administrative Fund, to be used to offset the costs | 16 | | incurred by the circuit court clerk in performing the | 17 | | additional duties required to serve the petition to seal or | 18 | | expunge on all parties. The circuit court clerk shall | 19 | | collect and forward the Department of State Police portion | 20 | | of the fee to the Department and it shall be deposited in | 21 | | the State Police Services Fund. | 22 | | (11) Final Order. No court order issued under the | 23 | | expungement or sealing provisions of this Section shall | 24 | | become final for purposes of appeal until 30 days after | 25 | | service of the order on the petitioner and all parties | 26 | | entitled to notice of the petition. |
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| 1 | | (12) Motion to Vacate, Modify, or Reconsider. The | 2 | | petitioner or any party entitled to notice may file a | 3 | | motion to vacate, modify, or reconsider the order granting | 4 | | or denying the petition to expunge or seal within 60 days | 5 | | of service of the order. | 6 | | (e) Whenever a person who has been convicted of an offense | 7 | | is granted
a pardon by the Governor which specifically | 8 | | authorizes expungement, he or she may,
upon verified petition | 9 | | to the Chief Judge of the circuit where the person had
been | 10 | | convicted, any judge of the circuit designated by the Chief | 11 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 12 | | presiding trial judge at the
defendant's trial, have a court | 13 | | order entered expunging the record of
arrest from the official | 14 | | records of the arresting authority and order that the
records | 15 | | of the circuit court clerk and the Department be sealed until
| 16 | | further order of the court upon good cause shown or as | 17 | | otherwise provided
herein, and the name of the defendant | 18 | | obliterated from the official index
requested to be kept by the | 19 | | circuit court clerk under Section 16 of the Clerks
of Courts | 20 | | Act in connection with the arrest and conviction for the | 21 | | offense for
which he or she had been pardoned but the order | 22 | | shall not affect any index issued by
the circuit court clerk | 23 | | before the entry of the order. All records sealed by
the | 24 | | Department may be disseminated by the Department only as | 25 | | required by law or
to the arresting authority, the State's | 26 | | Attorney, and the court upon a later
arrest for the same or |
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| 1 | | similar offense or for the purpose of sentencing for any
| 2 | | subsequent felony. Upon conviction for any subsequent offense, | 3 | | the Department
of Corrections shall have access to all sealed | 4 | | records of the Department
pertaining to that individual. Upon | 5 | | entry of the order of expungement, the
circuit court clerk | 6 | | shall promptly mail a copy of the order to the
person who was | 7 | | pardoned. | 8 | | (f) Subject to available funding, the Illinois Department
| 9 | | of Corrections shall conduct a study of the impact of sealing,
| 10 | | especially on employment and recidivism rates, utilizing a
| 11 | | random sample of those who apply for the sealing of their
| 12 | | criminal records under Public Act 93-211. At the request of the
| 13 | | Illinois Department of Corrections, records of the Illinois
| 14 | | Department of Employment Security shall be utilized as
| 15 | | appropriate to assist in the study. The study shall not
| 16 | | disclose any data in a manner that would allow the
| 17 | | identification of any particular individual or employing unit.
| 18 | | The study shall be made available to the General Assembly no
| 19 | | later than September 1, 2010. | 20 | | (Source: P.A. 96-409, eff. 1-1-10.)
| 21 | | Section 10. The Criminal Code of 1961 is amended by | 22 | | changing Sections 16-1, 16H-50, and 16H-55 and by adding | 23 | | Section 16H-70 as follows:
| 24 | | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
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| 1 | | Sec. 16-1. Theft.
| 2 | | (a) A person commits theft when he knowingly:
| 3 | | (1) Obtains or exerts unauthorized control over | 4 | | property of the
owner; or
| 5 | | (2) Obtains by deception control over property of the | 6 | | owner; or
| 7 | | (3) Obtains by threat control over property of the | 8 | | owner; or
| 9 | | (4) Obtains control over stolen property knowing the | 10 | | property to
have been stolen or under such circumstances as | 11 | | would
reasonably induce him to believe that the property | 12 | | was stolen; or
| 13 | | (5) Obtains or exerts control over property in the | 14 | | custody of any law
enforcement agency which any law | 15 | | enforcement officer or any individual acting in behalf of a | 16 | | law enforcement agency explicitly represents to the person | 17 | | as being stolen or represents to the person such | 18 | | circumstances as would reasonably induce the person to | 19 | | believe that the property was stolen is explicitly | 20 | | represented to him by any law
enforcement officer or any | 21 | | individual acting in behalf of a law enforcement
agency as | 22 | | being stolen , and
| 23 | | (A) Intends to deprive the owner permanently of the | 24 | | use or
benefit of the property; or
| 25 | | (B) Knowingly uses, conceals or abandons the | 26 | | property in such
manner as to deprive the owner |
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| 1 | | permanently of such use or benefit; or
| 2 | | (C) Uses, conceals, or abandons the property | 3 | | knowing such use,
concealment or abandonment probably | 4 | | will deprive the owner permanently
of such use or | 5 | | benefit.
| 6 | | (b) Sentence.
| 7 | | (1) Theft of property not from the person and
not | 8 | | exceeding $500 in value is a Class A misdemeanor.
| 9 | | (1.1) Theft of property not from the person and
not | 10 | | exceeding $500 in value is a Class 4 felony if the theft | 11 | | was committed in a
school or place of worship or if the | 12 | | theft was of governmental property.
| 13 | | (2) A person who has been convicted of theft of | 14 | | property not from the
person and not exceeding
$500 in | 15 | | value who has been
previously convicted of any type of | 16 | | theft, robbery, armed robbery,
burglary, residential | 17 | | burglary, possession of burglary tools, home
invasion, | 18 | | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | 19 | | 4-103.3
of the Illinois Vehicle Code relating to the | 20 | | possession of a stolen or
converted motor vehicle, or a | 21 | | violation of Section 8 of the Illinois Credit
Card and | 22 | | Debit Card Act is guilty of a Class 4 felony. When a person | 23 | | has any
such prior
conviction, the information or | 24 | | indictment charging that person shall state
such prior | 25 | | conviction so as to give notice of the State's intention to
| 26 | | treat the charge as a felony. The fact of such prior |
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| 1 | | conviction is not an
element of the offense and may not be | 2 | | disclosed to the jury during trial
unless otherwise | 3 | | permitted by issues properly raised during such trial.
| 4 | | (3) (Blank).
| 5 | | (4) Theft of property from the person not exceeding | 6 | | $500 in value, or
theft of
property exceeding $500 and not | 7 | | exceeding $10,000 in value, is a
Class 3 felony.
| 8 | | (4.1) Theft of property from the person not exceeding | 9 | | $500 in value, or
theft of property exceeding $500 and not | 10 | | exceeding $10,000 in value, is a Class
2 felony if the | 11 | | theft was committed in a school or place of worship or if | 12 | | the theft was of governmental property.
| 13 | | (5) Theft of property exceeding $10,000 and not | 14 | | exceeding
$100,000 in value is a Class 2 felony.
| 15 | | (5.1) Theft of property exceeding $10,000 and not | 16 | | exceeding $100,000 in
value is a Class 1 felony
if the | 17 | | theft was committed in a school or place of worship or if | 18 | | the theft was of governmental property.
| 19 | | (6) Theft of property exceeding $100,000 and not | 20 | | exceeding $500,000 in
value is a Class 1 felony.
| 21 | | (6.1) Theft of property exceeding $100,000 in value is | 22 | | a Class X felony
if the theft was committed in a school or | 23 | | place of worship or if the theft was of governmental | 24 | | property.
| 25 | | (6.2) Theft of property exceeding $500,000 and not | 26 | | exceeding $1,000,000 in value is a Class 1
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| 1 | | non-probationable
felony.
| 2 | | (6.3) Theft of property exceeding $1,000,000 in value | 3 | | is a Class X felony.
| 4 | | (7) Theft by deception, as described by paragraph (2) | 5 | | of
subsection (a) of
this Section, in which the offender | 6 | | obtained money or property valued at
$5,000 or more from a | 7 | | victim 60 years of age or older is a Class 2 felony.
| 8 | | (8) Theft by deception, as described by paragraph (2) | 9 | | of
subsection (a) of
this Section, in which the offender | 10 | | falsely poses as a landlord or agent or employee of the | 11 | | landlord and obtains a rent payment or a security deposit | 12 | | from a tenant is a Class 3 felony if the rent payment or | 13 | | security deposit obtained does not exceed $500. | 14 | | (9) Theft by deception, as described by paragraph (2) | 15 | | of
subsection (a) of
this Section, in which the offender | 16 | | falsely poses as a landlord or agent or employee of the | 17 | | landlord and obtains a rent payment or a security deposit | 18 | | from a tenant is a Class 2 felony if the rent payment or | 19 | | security deposit obtained exceeds $500 and does not exceed | 20 | | $10,000. | 21 | | (10) Theft by deception, as described by paragraph (2) | 22 | | of
subsection (a) of
this Section, in which the offender | 23 | | falsely poses as a landlord or agent or employee of the | 24 | | landlord and obtains a rent payment or a security deposit | 25 | | from a tenant is a Class 1 felony if the rent payment or | 26 | | security deposit obtained exceeds $10,000 and does not |
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| 1 | | exceed $100,000. | 2 | | (11) Theft by deception, as described by paragraph (2) | 3 | | of
subsection (a) of
this Section, in which the offender | 4 | | falsely poses as a landlord or agent or employee of the | 5 | | landlord and obtains a rent payment or a security deposit | 6 | | from a tenant is a Class X felony if the rent payment or | 7 | | security deposit obtained exceeds $100,000. | 8 | | (c) When a charge of theft of property exceeding a | 9 | | specified value
is brought, the value of the property involved | 10 | | is an element of the offense
to be resolved by the trier of | 11 | | fact as either exceeding or not exceeding
the specified value.
| 12 | | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | 13 | | 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11.)
| 14 | | (720 ILCS 5/16H-50)
| 15 | | Sec. 16H-50. Continuing financial crimes enterprise. A | 16 | | person
commits the offense of a continuing financial crimes | 17 | | enterprise when the
person knowingly, within an 18 month | 18 | | period, commits 3 or more
separate offenses constituting any | 19 | | combination of the following: | 20 | | (1) an offense under this Article ; , | 21 | | (2) a felony offense in violation of Section 16A-3 or | 22 | | paragraph (4) or (5) of subsection (a) of Section 16-1 of this | 23 | | Code for the purpose of reselling or otherwise re-entering the | 24 | | merchandise in commerce, including conveying the merchandise | 25 | | to a merchant in exchange for anything of value; or |
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| 1 | | (3) , if involving a financial institution,
any other | 2 | | felony offense offenses established under this Code.
| 3 | | (Source: P.A. 93-440, eff. 8-5-03.)
| 4 | | (720 ILCS 5/16H-55)
| 5 | | Sec. 16H-55. Organizer of a continuing financial crimes | 6 | | enterprise.
| 7 | | (a) A person commits the offense of being an organizer of a | 8 | | continuing
financial crimes enterprise when the person:
| 9 | | (1) with the intent to commit an offense under this | 10 | | Article , agrees with another person to the commission of | 11 | | any combination of the following offenses on 3 or
more | 12 | | separate occasions within an 18 month period: | 13 | | (A) an offense under this Article; | 14 | | (B) a felony offense in violation of Section 16A-3 | 15 | | or paragraph (4) or (5) of subsection (a) of Section 16-1 | 16 | | of this Code for the purpose of reselling or otherwise | 17 | | re-entering the merchandise in commerce, including | 18 | | conveying the merchandise to a merchant in exchange for | 19 | | anything of value; or | 20 | | (C) , if
involving a financial institution, any | 21 | | other felony offense established under
this Code , agrees | 22 | | with another person to the commission of that offense on 3 | 23 | | or
more separate occasions within an 18 month period , and
| 24 | | (2) with respect to the other persons within the | 25 | | conspiracy,
occupies a position of organizer, supervisor, |
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| 1 | | or financier or other position of
management.
| 2 | | (b) The person with whom the accused agreed to commit the 3 | 3 | | or
more offenses under this Article, or, if involving a | 4 | | financial institution, any
other felony offenses established | 5 | | under this Code, need not be the same person
or persons for
| 6 | | each offense, as long as the accused was a part of the common | 7 | | scheme or
plan to engage in each of the 3 or more alleged | 8 | | offenses.
| 9 | | (Source: P.A. 93-440, eff. 8-5-03.)
| 10 | | (720 ILCS 5/16H-70 new) | 11 | | Sec. 16H-70. Forfeiture. Any violation of subdivision (2) | 12 | | of Section 16H-50 or subdivision (a)(1)(B) of Section 16H-55 of | 13 | | this Article shall be subject to the remedies, procedures, and | 14 | | forfeiture as set forth in subsections (f) through (s) of | 15 | | Section 29B-1 of this Code. |
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