Full Text of SB1030 96th General Assembly
SB1030ham003 96TH GENERAL ASSEMBLY
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Rep. Arthur L. Turner
Filed: 5/28/2009
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LRB096 07100 DRJ 27637 a |
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| AMENDMENT TO SENATE BILL 1030
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| AMENDMENT NO. ______. Amend Senate Bill 1030, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Criminal Identification Act is amended by | 6 |
| changing Section 5 as follows:
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| (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
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| Sec. 5. Arrest reports; expungement.
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| (a) All policing bodies of this State shall furnish to the | 10 |
| Department,
daily, in the form and detail the Department | 11 |
| requires, fingerprints and
descriptions of all persons who are | 12 |
| arrested on charges of violating any penal
statute of this | 13 |
| State for offenses that are classified as felonies and Class
A | 14 |
| or B misdemeanors and of all minors of the age of 10 and over | 15 |
| who have been
arrested for an offense which would be a felony | 16 |
| if committed by an adult, and
may forward such fingerprints and |
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| descriptions for minors arrested for Class A
or B misdemeanors. | 2 |
| Moving or nonmoving traffic violations under the Illinois
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| Vehicle Code shall not be reported except for violations of | 4 |
| Chapter 4, Section
11-204.1, or Section 11-501 of that Code. In | 5 |
| addition, conservation offenses,
as defined in the Supreme | 6 |
| Court Rule 501(c), that are classified as Class B
misdemeanors | 7 |
| shall not be reported. Those law enforcement records maintained | 8 |
| by the Department for minors arrested for an offense prior to | 9 |
| their 17th birthday, or minors arrested for a non-felony | 10 |
| offense, if committed by an adult, prior to their 18th | 11 |
| birthday, shall not be forwarded to the Federal Bureau of | 12 |
| Investigation unless those records relate to an arrest in which | 13 |
| a minor was charged as an adult under any of the transfer | 14 |
| provisions of the Juvenile Court Act of 1987.
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| Whenever an adult or minor prosecuted as an adult,
not | 16 |
| having previously been convicted of any criminal offense or | 17 |
| municipal
ordinance violation, charged with a violation of a | 18 |
| municipal ordinance or a
felony or misdemeanor, is acquitted or | 19 |
| released without being convicted,
whether the acquittal or | 20 |
| release occurred before, on, or after the
effective date of | 21 |
| this amendatory Act of 1991, the Chief Judge of the circuit
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| wherein the charge was brought, any judge of that circuit | 23 |
| designated by the
Chief Judge, or in counties of less than | 24 |
| 3,000,000 inhabitants, the presiding
trial judge at the | 25 |
| defendant's trial may upon verified petition of the
defendant | 26 |
| order the record of arrest expunged from the official records |
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| of the
arresting authority and the Department and order that | 2 |
| the records of the clerk
of the circuit court be sealed until | 3 |
| further order of the court upon good cause
shown and the name | 4 |
| of the defendant obliterated on the official index required
to | 5 |
| be kept by the circuit court clerk under Section 16 of the | 6 |
| Clerks of Courts
Act, but the order shall not affect any index | 7 |
| issued by the circuit court clerk
before the entry of the | 8 |
| order. The Department may charge the petitioner a fee
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| equivalent to the cost of processing any order to expunge or | 10 |
| seal the records,
and the fee shall be deposited into the State | 11 |
| Police Services Fund. The
records of those arrests, however, | 12 |
| that result in a disposition of
supervision for any offense | 13 |
| shall not be expunged from the records of the
arresting | 14 |
| authority or the Department nor impounded by the court until 2 | 15 |
| years
after discharge and dismissal of supervision. Those | 16 |
| records
that result from a supervision for a violation of | 17 |
| Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois | 18 |
| Vehicle Code or a similar provision
of a local ordinance, or | 19 |
| for a violation of Section 12-3.2, 12-15 or 16A-3
of the | 20 |
| Criminal Code of 1961, or probation under Section 10 of the | 21 |
| Cannabis
Control Act, Section 410 of the Illinois Controlled | 22 |
| Substances Act, Section 70 of the Methamphetamine Control and | 23 |
| Community Protection Act, Section
12-4.3(b)(1) and (2) of the | 24 |
| Criminal Code of 1961 (as those provisions
existed before their | 25 |
| deletion by Public Act 89-313), Section 10-102 of the
Illinois | 26 |
| Alcoholism and Other Drug Dependency Act when the judgment of
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| conviction has been vacated, Section 40-10 of the Alcoholism | 2 |
| and Other Drug
Abuse and Dependency Act when the judgment of | 3 |
| conviction has been vacated,
or Section 10 of the Steroid | 4 |
| Control Act shall not be expunged from the records
of the | 5 |
| arresting authority nor impounded by the court until 5 years | 6 |
| after
termination of probation or supervision. Those records | 7 |
| that result from a
supervision for a violation of Section | 8 |
| 11-501 of the Illinois Vehicle Code or
a similar provision of a | 9 |
| local ordinance, shall not be expunged. All records
set out | 10 |
| above may be ordered by the court to be expunged from the | 11 |
| records of
the arresting authority and impounded by the court | 12 |
| after 5 years, but shall
not be expunged by the Department, but | 13 |
| shall, on court order be sealed by the
Department and may be | 14 |
| disseminated by the Department only as required by law or
to | 15 |
| the arresting authority, the State's Attorney, and the court | 16 |
| upon a later
arrest for the same or a similar offense or for | 17 |
| the purpose of sentencing for
any subsequent felony. Upon | 18 |
| conviction for any offense, the Department of
Corrections shall | 19 |
| have access to all sealed records of the Department
pertaining | 20 |
| to that individual.
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| (a-5) Those records maintained by the Department for | 22 |
| persons arrested
prior to their 17th birthday shall be expunged | 23 |
| as provided in Section 5-915 of
the Juvenile Court Act of 1987.
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| (b) Whenever a person has been convicted of a crime or of | 25 |
| the violation of
a municipal ordinance, in the name of a person | 26 |
| whose identity he has stolen
or otherwise come into possession |
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| of, the aggrieved person from whom the
identity was stolen or | 2 |
| otherwise obtained without authorization, upon learning
of the | 3 |
| person having been arrested using his identity, may, upon | 4 |
| verified
petition to the chief judge of the circuit wherein the | 5 |
| arrest was made,
have a court order entered nunc pro tunc by | 6 |
| the chief judge to correct
the arrest record, conviction | 7 |
| record, if any, and all official records of the
arresting | 8 |
| authority, the Department, other criminal justice agencies, | 9 |
| the
prosecutor, and the trial court concerning such arrest, if | 10 |
| any, by removing his
name from all such records in connection | 11 |
| with the arrest and conviction, if
any, and by inserting in the | 12 |
| records the name of the offender, if known or
ascertainable, in | 13 |
| lieu of the aggrieved's name. The records of the
clerk of
the | 14 |
| circuit court clerk shall be sealed until further order of the | 15 |
| court upon
good cause shown and the name of the aggrieved | 16 |
| person obliterated on the
official index required to be kept by | 17 |
| the circuit court clerk under Section 16
of the Clerks of | 18 |
| Courts Act, but the order shall not affect any index issued by
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| the circuit court clerk before the entry of the order. Nothing | 20 |
| in this Section
shall limit the Department of State Police or | 21 |
| other criminal justice agencies
or prosecutors from listing | 22 |
| under an offender's name the false names he or she
has used. | 23 |
| For purposes of this Section, convictions for moving and | 24 |
| nonmoving
traffic violations other than convictions for | 25 |
| violations of Chapter 4, Section
11-204.1 or Section 11-501 of | 26 |
| the Illinois Vehicle Code shall not be a bar to
expunging the |
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| record of arrest and court records for
violation of a | 2 |
| misdemeanor or municipal ordinance.
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| (c) Whenever a person who has been convicted of an offense | 4 |
| is granted
a pardon by the Governor which specifically | 5 |
| authorizes expungement, he may,
upon verified petition to the | 6 |
| chief judge of the circuit where the person had
been convicted, | 7 |
| any judge of the circuit designated by the Chief Judge, or in
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| counties of less than 3,000,000 inhabitants, the presiding | 9 |
| trial judge at the
defendant's trial, may have a court order | 10 |
| entered expunging the record of
arrest from the official | 11 |
| records of the arresting authority and order that the
records | 12 |
| of the clerk of the circuit court and the Department be sealed | 13 |
| until
further order of the court upon good cause shown or as | 14 |
| otherwise provided
herein, and the name of the defendant | 15 |
| obliterated from the official index
requested to be kept by the | 16 |
| circuit court clerk under Section 16 of the Clerks
of Courts | 17 |
| Act in connection with the arrest and conviction for the | 18 |
| offense for
which he had been pardoned but the order shall not | 19 |
| affect any index issued by
the circuit court clerk before the | 20 |
| entry of the order. All records sealed by
the Department may be | 21 |
| disseminated by the Department only as required by law or
to | 22 |
| the arresting authority, the State's Attorney, and the court | 23 |
| upon a later
arrest for the same or similar offense or for the | 24 |
| purpose of sentencing for any
subsequent felony. Upon | 25 |
| conviction for any subsequent offense, the Department
of | 26 |
| Corrections shall have access to all sealed records of the |
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| Department
pertaining to that individual. Upon entry of the | 2 |
| order of expungement, the
clerk of the circuit court shall | 3 |
| promptly mail a copy of the order to the
person who was | 4 |
| pardoned.
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| (c-5) Whenever a person has been convicted of criminal | 6 |
| sexual assault,
aggravated criminal sexual assault, predatory | 7 |
| criminal sexual assault of a
child, criminal sexual abuse, or | 8 |
| aggravated criminal sexual abuse, the victim
of that offense | 9 |
| may request that the State's Attorney of the county in which
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| the conviction occurred file a verified petition with the | 11 |
| presiding trial judge
at the defendant's trial to have a court | 12 |
| order entered to seal the records of
the clerk of the circuit | 13 |
| court in connection with the proceedings of the trial
court | 14 |
| concerning that offense. However, the records of the arresting | 15 |
| authority
and the Department of State Police concerning the | 16 |
| offense shall not be
sealed. The court, upon good cause shown, | 17 |
| shall make the records of the clerk
of the circuit court in | 18 |
| connection with the proceedings of the trial court
concerning | 19 |
| the offense available for public inspection.
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| (c-6) If a conviction has been set aside on direct review | 21 |
| or on
collateral attack
and the court determines by clear and | 22 |
| convincing evidence that the defendant
was factually innocent | 23 |
| of
the charge, the court shall enter an expungement order as | 24 |
| provided in
subsection (b) of Section 5-5-4
of the Unified Code | 25 |
| of Corrections.
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| (d) Notice of the petition for subsections (a), (b), and |
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| (c) shall be
served by the clerk upon the State's Attorney or | 2 |
| prosecutor charged with the duty
of prosecuting the offense, | 3 |
| the Department of State Police, the arresting
agency and the | 4 |
| chief legal officer of the unit of local government
affecting | 5 |
| the arrest. Unless the State's Attorney or prosecutor, the
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| Department of State Police, the arresting agency or such chief | 7 |
| legal officer
objects to the petition within 30 days from the | 8 |
| date of the notice, the
court shall enter an order granting or | 9 |
| denying the petition. The clerk
of the court shall promptly | 10 |
| mail a copy of the order to the person, the
arresting agency, | 11 |
| the prosecutor, the Department of State Police and such
other | 12 |
| criminal justice agencies as may be ordered by the judge.
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| (e) Nothing herein shall prevent the Department of State | 14 |
| Police from
maintaining all records of any person who is | 15 |
| admitted to probation upon
terms and conditions and who | 16 |
| fulfills those terms and conditions pursuant
to Section 10 of | 17 |
| the Cannabis Control Act, Section 410 of the Illinois
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| Controlled Substances Act, Section 70 of the Methamphetamine | 19 |
| Control and Community Protection Act, Section 12-4.3 of the | 20 |
| Criminal Code
of 1961, Section 10-102 of the Illinois | 21 |
| Alcoholism and Other Drug
Dependency Act, Section 40-10 of the | 22 |
| Alcoholism and Other Drug Abuse and
Dependency Act, or Section | 23 |
| 10 of the Steroid Control Act.
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| (f) No court order issued under the expungement provisions | 25 |
| of this
Section shall become final for purposes of appeal until | 26 |
| 30 days after
notice is received by the Department. Any court |
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| order contrary to the
provisions of this Section is void.
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| (g) Except as otherwise provided in subsection (c-5) of | 3 |
| this Section,
the court shall not order the sealing or | 4 |
| expungement of the arrest
records and records of the circuit | 5 |
| court clerk of any person granted
supervision for or convicted | 6 |
| of any sexual offense committed against a minor
under 18 years | 7 |
| of age. For the purposes of this Section, "sexual offense
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| committed against a minor" includes but is not limited to the | 9 |
| offenses of
indecent solicitation of a child or criminal sexual | 10 |
| abuse when the victim of
such offense is under 18 years of age.
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| (h) (1) Applicability. Notwithstanding any other provision | 12 |
| of this Act to the contrary and cumulative with any rights to | 13 |
| expungement of criminal records, this subsection authorizes | 14 |
| the sealing of criminal records of adults and of minors | 15 |
| prosecuted as adults. | 16 |
| (2) Sealable offenses. The following offenses may be | 17 |
| sealed: | 18 |
| (A) All municipal ordinance violations and | 19 |
| misdemeanors, with the exception of the following: | 20 |
| (i) violations of Section 11-501 of the Illinois | 21 |
| Vehicle Code or a similar provision of a local | 22 |
| ordinance; | 23 |
| (ii) violations of Article 11 of the Criminal Code | 24 |
| of 1961 or a similar provision of a local ordinance, | 25 |
| except Section 11-14 of the Criminal Code of 1961 as | 26 |
| provided in clause B(i) of this subsection (h); |
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| (iii) violations of Section 12-15, 12-30, or 26-5 | 2 |
| of the Criminal Code of 1961 or a similar provision of | 3 |
| a local ordinance; | 4 |
| (iv) violations that are a crime of violence as | 5 |
| defined in Section 2 of the Crime Victims Compensation | 6 |
| Act or a similar provision of a local ordinance; | 7 |
| (v) Class A misdemeanor violations of the Humane | 8 |
| Care for Animals Act; and | 9 |
| (vi) any offense or attempted offense that would | 10 |
| subject a person to registration under the Sex Offender | 11 |
| Registration Act. | 12 |
| (B) Misdemeanor and Class 4 felony violations of: | 13 |
| (i) Section 11-14 of the Criminal Code of 1961; | 14 |
| (ii) Section 4 of the Cannabis Control Act; | 15 |
| (iii) Section 402 of the Illinois Controlled | 16 |
| Substances Act; and | 17 |
| (iv) Section 60 of the Methamphetamine Control and | 18 |
| Community Protection Act.
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| However, for purposes of this subsection (h), a | 20 |
| sentence of first offender probation under Section 10 of | 21 |
| the Cannabis Control Act, Section 410 of the Illinois | 22 |
| Controlled Substances Act, or Section 70 of the | 23 |
| Methamphetamine Control and Community Protection Act shall | 24 |
| be treated as a Class 4 felony conviction. | 25 |
| (3) Requirements for sealing. Records identified as | 26 |
| sealable under clause (h) (2) may be sealed when the individual |
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| was: | 2 |
| (A) Acquitted of the offense or offenses or released | 3 |
| without being convicted. | 4 |
| (B) Convicted of the offense or offenses and the | 5 |
| conviction or convictions were reversed. | 6 |
| (C) Placed on misdemeanor supervision for an offense or | 7 |
| offenses; and | 8 |
| (i) at least 3 years have elapsed since the | 9 |
| completion of the term of supervision, or terms of | 10 |
| supervision, if more than one term has been ordered; | 11 |
| and | 12 |
| (ii) the individual has not been convicted of a | 13 |
| felony or misdemeanor or placed on supervision for a | 14 |
| misdemeanor or felony during the period specified in | 15 |
| clause (i). | 16 |
| (D) Convicted of an offense or offenses; and | 17 |
| (i) at least 4 years have elapsed since the last | 18 |
| such conviction or term of any sentence, probation, | 19 |
| parole, or supervision, if any, whichever is last in | 20 |
| time; and | 21 |
| (ii) the individual has not been convicted of a | 22 |
| felony or misdemeanor or placed on supervision for a | 23 |
| misdemeanor or felony during the period specified in | 24 |
| clause (i). | 25 |
| (4) Requirements for sealing of records when more than one | 26 |
| charge and disposition have been filed. When multiple offenses |
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| are petitioned to be sealed under this subsection (h), the | 2 |
| requirements of the relevant provisions of clauses (h)(3)(A) | 3 |
| through (D) each apply. In instances in which more than one | 4 |
| waiting period is applicable under clauses (h)(C)(i) and (ii) | 5 |
| and (h)(D)(i) and (ii), the longer applicable period applies, | 6 |
| and the requirements of clause (h) (3) shall be considered met | 7 |
| when the petition is filed after the passage of the longer | 8 |
| applicable waiting period. That period commences on the date of | 9 |
| the completion of the last sentence or the end of supervision, | 10 |
| probation, or parole, whichever is last in time. | 11 |
| (5) Subsequent convictions. A person may not have | 12 |
| subsequent felony conviction records sealed as provided in this | 13 |
| subsection (h) if he or she is convicted of any felony offense | 14 |
| after the date of the sealing of prior felony records as | 15 |
| provided in this subsection (h). | 16 |
| (6) Notice of eligibility for sealing. Upon acquittal, | 17 |
| release without conviction, or being placed on supervision for | 18 |
| a sealable offense, or upon conviction of a sealable offense, | 19 |
| the person shall be informed by the court of the right to have | 20 |
| the records sealed and the procedures for the sealing of the | 21 |
| records. | 22 |
| (7) Procedure. Upon becoming eligible for the sealing of | 23 |
| records under this subsection (h), the person who seeks the | 24 |
| sealing of his or her records shall file a petition requesting | 25 |
| the sealing of records with the clerk of the court where the | 26 |
| charge or charges were brought. The records may be sealed by |
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| the Chief Judge of the circuit wherein the charge was brought, | 2 |
| any judge of that circuit designated by the Chief Judge, or in | 3 |
| counties of less than 3,000,000 inhabitants, the presiding | 4 |
| trial judge at the defendant's trial, if any. If charges were | 5 |
| brought in multiple jurisdictions, a petition must be filed in | 6 |
| each such jurisdiction. The petitioner shall pay the applicable | 7 |
| fee, if not waived. | 8 |
| (A) Contents of petition. The petition shall contain | 9 |
| the petitioner's name, date of birth, current address, each | 10 |
| charge, each case number, the date of each charge, the | 11 |
| identity of the arresting authority, and such other | 12 |
| information as the court may require. During the pendency | 13 |
| of the proceeding, the petitioner shall promptly notify the | 14 |
| clerk of the court of any change of address. | 15 |
| (B) Drug test. A person filing a petition to have his | 16 |
| or her records sealed for a Class 4 felony violation of | 17 |
| Section 4 of the Cannabis Control Act or for a Class 4 | 18 |
| felony violation of Section 402 of the Illinois Controlled | 19 |
| Substances Act must attach to the petition proof that the | 20 |
| petitioner has passed a test taken within the previous 30 | 21 |
| days before the filing of the petition showing the absence | 22 |
| within his or her body of all illegal substances in | 23 |
| violation of either the Illinois Controlled Substances Act | 24 |
| or the Cannabis Control Act. | 25 |
| (C) Service of petition. The clerk shall promptly serve | 26 |
| a copy of the petition on the State's Attorney or |
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| prosecutor charged with the duty of prosecuting the | 2 |
| offense, the Department of State Police, the arresting | 3 |
| agency and the chief legal officer of the unit of local | 4 |
| government effecting the arrest. | 5 |
| (D) Entry of order. Unless the State's Attorney or | 6 |
| prosecutor, the Department of State Police, the arresting | 7 |
| agency or such chief legal officer objects to sealing of | 8 |
| the records within 90 days of notice the court shall enter | 9 |
| an order sealing the defendant's records. | 10 |
| (E) Hearing upon objection. If an objection is filed, | 11 |
| the court shall set a date for a hearing and notify the | 12 |
| petitioner and the parties on whom the petition had been | 13 |
| served, and shall hear evidence on whether the sealing of | 14 |
| the records should or should not be granted, and shall make | 15 |
| a determination on whether to issue an order to seal the | 16 |
| records based on the evidence presented at the hearing. | 17 |
| (F) Service of order. After entering the order to seal | 18 |
| records, the court must provide copies of the order to the | 19 |
| Department, in a form and manner prescribed by the | 20 |
| Department, to the petitioner, to the State's Attorney or | 21 |
| prosecutor charged with the duty of prosecuting the | 22 |
| offense, to the arresting agency, to the chief legal | 23 |
| officer of the unit of local government effecting the | 24 |
| arrest, and to such other criminal justice agencies as may | 25 |
| be ordered by the court. | 26 |
| (8) Fees. Notwithstanding any provision of the Clerk of the |
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| Courts Act to the contrary, and subject to the approval of the | 2 |
| county board, the clerk may charge a fee equivalent to the cost | 3 |
| associated with the sealing of records by the clerk and the | 4 |
| Department of State Police. The clerk shall forward the | 5 |
| Department of State Police portion of the fee to the Department | 6 |
| and it shall be deposited into the State Police Services Fund. | 7 |
| (i) Subject to available funding, the Illinois Department | 8 |
| of Corrections shall conduct a study of the impact of sealing, | 9 |
| especially on employment and recidivism rates, utilizing a | 10 |
| random sample of those who apply for the sealing of their | 11 |
| criminal records under Public Act 93-211, in accordance to | 12 |
| rules adopted by the Department. At the request of the Illinois | 13 |
| Department of Corrections, records of the Illinois Department | 14 |
| of Employment Security shall be utilized as appropriate to | 15 |
| assist in the study. The study shall not disclose any data in a | 16 |
| manner that would allow the identification of any particular | 17 |
| individual or employing unit. The study shall be made available | 18 |
| to the General Assembly no later than September 1, 2006.
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| (j) Notwithstanding any provision of the Clerks of Courts | 20 |
| Act to the contrary, the clerk may charge a fee equivalent to | 21 |
| the cost associated with the sealing or expungement of records | 22 |
| by the clerk. From the total filing fee collected for the | 23 |
| Petition to seal or expunge, the clerk shall deposit $10 into | 24 |
| the Circuit Court Clerk Operation and Administrative Fund, to | 25 |
| be used to offset the costs incurred by the Circuit Court Clerk | 26 |
| in performing the additional duties required to serve the |
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| Petition to Seal or Expunge on all parties. The clerk shall | 2 |
| also charge a filing fee equivalent to the cost of sealing or | 3 |
| expunging the record by the Department of State Police. The | 4 |
| clerk shall collect and forward the Department of State Police | 5 |
| portion of the fee to the Department and it shall be deposited | 6 |
| in the State Police Services Fund. | 7 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-955, eff. 1-1-09; | 8 |
| revised 10-28-08.)
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| Section 7. The Counties Code is amended by changing | 10 |
| Sections 4-2002 and 4-2002.1 as follows:
| 11 |
| (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
| 12 |
| Sec. 4-2002. State's attorney fees in counties under | 13 |
| 3,000,000
population. This Section applies only to counties | 14 |
| with fewer than
3,000,000 inhabitants.
| 15 |
| (a) State's attorneys shall be entitled to the following | 16 |
| fees, however, the
fee requirement of this subsection does not | 17 |
| apply to county boards:
| 18 |
| For each conviction in prosecutions on indictments for | 19 |
| first degree murder,
second degree murder, involuntary | 20 |
| manslaughter, criminal sexual assault,
aggravated criminal | 21 |
| sexual assault, aggravated criminal sexual abuse,
kidnapping, | 22 |
| arson and forgery, $30. All other cases punishable by | 23 |
| imprisonment
in the penitentiary, $30.
| 24 |
| For each conviction in other cases tried before judges of |
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| 1 |
| the circuit
court, $15; except that if the conviction is in a | 2 |
| case which may be
assigned to an associate judge, whether or | 3 |
| not it is in fact assigned to
an associate judge, the fee shall | 4 |
| be $10.
| 5 |
| For preliminary examinations for each defendant held to | 6 |
| bail or
recognizance, $10.
| 7 |
| For each examination of a party bound over to keep the | 8 |
| peace, $10.
| 9 |
| For each defendant held to answer in a circuit court on a | 10 |
| charge of
paternity, $10.
| 11 |
| For each trial on a charge of paternity, $30.
| 12 |
| For each case of appeal taken from his county or from the | 13 |
| county to
which a change of venue is taken to his county to the | 14 |
| Supreme or
Appellate Court when prosecuted or defended by him, | 15 |
| $50.
| 16 |
| For each day actually employed in the trial of a case, $25; | 17 |
| in which
case the court before whom the case is tried shall | 18 |
| make an order
specifying the number of days for which a per | 19 |
| diem shall be allowed.
| 20 |
| For each day actually employed in the trial of cases of | 21 |
| felony
arising in their respective counties and taken by change | 22 |
| of venue to
another county, $25; and the court before whom the | 23 |
| case is tried shall
make an order specifying the number of days | 24 |
| for which said per diem
shall be allowed; and it is hereby made | 25 |
| the duty of each State's
attorney to prepare and try each case | 26 |
| of felony arising when so taken by
change of venue.
|
|
|
|
09600SB1030ham003 |
- 18 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| For assisting in a trial of each case on an indictment for | 2 |
| felony
brought by change of venue to their respective counties, | 3 |
| the same fees
they would be entitled to if such indictment had | 4 |
| been found for an
offense committed in his county, and it shall | 5 |
| be the duty of the
State's attorney of the county to which such | 6 |
| cause is taken by
change of venue to assist in the trial | 7 |
| thereof.
| 8 |
| For each case of forfeited recognizance where the | 9 |
| forfeiture is set
aside at the instance of the defense, in | 10 |
| addition to the ordinary costs,
$10 for each defendant.
| 11 |
| For each proceeding in a circuit court to inquire into the | 12 |
| alleged
mental illness of any person, $10 for each defendant.
| 13 |
| For each proceeding in a circuit court to inquire into the | 14 |
| alleged
dependency or delinquency of any child, $10.
| 15 |
| For each day actually employed in the hearing of a case of | 16 |
| habeas
corpus in which the people are interested, $25.
| 17 |
| For each violation of the Criminal Code of 1961 and the | 18 |
| Illinois Vehicle Code in which a defendant has entered a plea | 19 |
| of guilty or a defendant has stipulated to the facts supporting | 20 |
| the charge or a finding of guilt and the court has entered an | 21 |
| order of supervision, $10.
| 22 |
| All the foregoing fees shall be taxed as costs to be | 23 |
| collected from
the defendant, if possible, upon conviction. But | 24 |
| in cases of inquiry
into the mental illness of any person | 25 |
| alleged to be mentally ill, in
cases on a charge of paternity | 26 |
| and in cases of appeal in the Supreme or
Appellate Court, where |
|
|
|
09600SB1030ham003 |
- 19 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| judgment is in favor of the accused, the fees
allowed the | 2 |
| State's attorney therein shall be retained out of the fines
and | 3 |
| forfeitures collected by them in other cases.
| 4 |
| Ten per cent of all moneys except revenue, collected by | 5 |
| them and paid
over to the authorities entitled thereto, which | 6 |
| per cent together with
the fees provided for herein that are | 7 |
| not collected from the parties
tried or examined, shall be paid | 8 |
| out of any fines and forfeited
recognizances collected by them, | 9 |
| provided however, that in proceedings
to foreclose the lien of | 10 |
| delinquent real estate taxes State's attorneys
shall receive a | 11 |
| fee, to be credited to the earnings of their office, of 10%
of | 12 |
| the total amount realized from the sale of real estate sold in | 13 |
| such
proceedings. Such fees shall be paid from the total amount | 14 |
| realized from
the sale of the real estate sold in such | 15 |
| proceedings.
| 16 |
| State's attorneys shall have a lien for their fees on all | 17 |
| judgments
for fines or forfeitures procured by them and on | 18 |
| moneys except revenue
received by them until such fees and | 19 |
| earnings are fully paid.
| 20 |
| No fees shall be charged on more than 10 counts in any one | 21 |
| indictment
or information on trial and conviction; nor on more | 22 |
| than 10 counts
against any one defendant on pleas of guilty.
| 23 |
| The Circuit Court may direct that of all monies received, | 24 |
| by
restitution or otherwise, which monies are ordered paid to | 25 |
| the
Department of Healthcare and Family Services (formerly | 26 |
| Department of Public Aid) or the Department of Human Services |
|
|
|
09600SB1030ham003 |
- 20 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| (acting as
successor to the Department of Public Aid under the | 2 |
| Department of Human
Services Act) as a direct result of the | 3 |
| efforts
of the
State's attorney and which payments arise from | 4 |
| Civil or Criminal
prosecutions involving the Illinois Public | 5 |
| Aid Code or the Criminal Code,
the
following amounts shall be | 6 |
| paid quarterly by the Department of Healthcare and Family | 7 |
| Services or the Department of Human Services to the General | 8 |
| Corporate Fund of
the County in which the prosecution
or cause | 9 |
| of action took place:
| 10 |
| (1) where the monies result from child support | 11 |
| obligations, not
more than 25% of the federal share of the | 12 |
| monies received,
| 13 |
| (2) where the monies result from other than child | 14 |
| support
obligations, not more than 25% of the State's share | 15 |
| of the monies received.
| 16 |
| In addition to any other amounts to which State's Attorneys | 17 |
| are entitled under this Section, State's Attorneys are entitled | 18 |
| to $10 of the fine that is imposed under Section 5-9-1.17 of | 19 |
| the Unified Code of Corrections, as set forth in that Section. | 20 |
| (b) A municipality shall be entitled to a $10 prosecution | 21 |
| fee for each
conviction for a violation of the Illinois Vehicle | 22 |
| Code prosecuted by the
municipal attorney pursuant to Section | 23 |
| 16-102 of that Code which is tried
before a circuit or | 24 |
| associate judge and shall be entitled to a $10
prosecution fee | 25 |
| for each conviction for a violation of a municipal vehicle
| 26 |
| ordinance or nontraffic ordinance prosecuted by the municipal |
|
|
|
09600SB1030ham003 |
- 21 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| attorney
which is tried before a circuit or associate judge. | 2 |
| Such fee shall be taxed as
costs to be collected from the | 3 |
| defendant, if possible, upon conviction. A
municipality shall | 4 |
| have a lien for such prosecution fees on all judgments or
fines | 5 |
| procured by the municipal attorney from prosecutions for | 6 |
| violations of
the Illinois Vehicle Code and municipal vehicle | 7 |
| ordinances or nontraffic
ordinances.
| 8 |
| For the purposes of this subsection (b), "municipal vehicle | 9 |
| ordinance"
means any ordinance enacted pursuant to Sections | 10 |
| 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | 11 |
| Municipal Code or any ordinance enacted by a
municipality which | 12 |
| is similar to a provision of Chapter 11 of the Illinois
Vehicle | 13 |
| Code.
| 14 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08.)
| 15 |
| (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
| 16 |
| Sec. 4-2002.1. State's attorney fees in counties of | 17 |
| 3,000,000 or more
population. This Section applies only to | 18 |
| counties with 3,000,000 or more
inhabitants.
| 19 |
| (a) State's attorneys shall be entitled to the following | 20 |
| fees:
| 21 |
| For each conviction in prosecutions on indictments for | 22 |
| first degree
murder, second degree murder, involuntary | 23 |
| manslaughter, criminal sexual
assault, aggravated criminal | 24 |
| sexual assault, aggravated criminal sexual
abuse, kidnapping, | 25 |
| arson and forgery, $60. All other cases punishable by
|
|
|
|
09600SB1030ham003 |
- 22 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| imprisonment in the penitentiary, $60.
| 2 |
| For each conviction in other cases tried before judges of | 3 |
| the circuit
court, $30; except that if the conviction is in a | 4 |
| case which may be
assigned to an associate judge, whether or | 5 |
| not it is in fact assigned to
an associate judge, the fee shall | 6 |
| be $20.
| 7 |
| For preliminary examinations for each defendant held to | 8 |
| bail or
recognizance, $20.
| 9 |
| For each examination of a party bound over to keep the | 10 |
| peace, $20.
| 11 |
| For each defendant held to answer in a circuit court on a | 12 |
| charge of
paternity, $20.
| 13 |
| For each trial on a charge of paternity, $60.
| 14 |
| For each case of appeal taken from his county or from the | 15 |
| county to
which a change of venue is taken to his county to the | 16 |
| Supreme or
Appellate Court when prosecuted or defended by him, | 17 |
| $100.
| 18 |
| For each day actually employed in the trial of a case, $50; | 19 |
| in which
case the court before whom the case is tried shall | 20 |
| make an order
specifying the number of days for which a per | 21 |
| diem shall be allowed.
| 22 |
| For each day actually employed in the trial of cases of | 23 |
| felony
arising in their respective counties and taken by change | 24 |
| of venue to
another county, $50; and the court before whom the | 25 |
| case is tried shall
make an order specifying the number of days | 26 |
| for which said per diem
shall be allowed; and it is hereby made |
|
|
|
09600SB1030ham003 |
- 23 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| the duty of each State's
attorney to prepare and try each case | 2 |
| of felony arising when so taken by
change of venue.
| 3 |
| For assisting in a trial of each case on an indictment for | 4 |
| felony
brought by change of venue to their respective counties, | 5 |
| the same fees
they would be entitled to if such indictment had | 6 |
| been found for an
offense committed in his county, and it shall | 7 |
| be the duty of the
State's attorney of the county to which such | 8 |
| cause is taken by
change of venue to assist in the trial | 9 |
| thereof.
| 10 |
| For each case of forfeited recognizance where the | 11 |
| forfeiture is set
aside at the instance of the defense, in | 12 |
| addition to the ordinary costs,
$20 for each defendant.
| 13 |
| For each proceeding in a circuit court to inquire into the | 14 |
| alleged
mental illness of any person, $20 for each defendant.
| 15 |
| For each proceeding in a circuit court to inquire into the | 16 |
| alleged
dependency or delinquency of any child, $20.
| 17 |
| For each day actually employed in the hearing of a case of | 18 |
| habeas
corpus in which the people are interested, $50.
| 19 |
| All the foregoing fees shall be taxed as costs to be | 20 |
| collected from
the defendant, if possible, upon conviction. But | 21 |
| in cases of inquiry
into the mental illness of any person | 22 |
| alleged to be mentally ill, in
cases on a charge of paternity | 23 |
| and in cases of appeal in the Supreme or
Appellate Court, where | 24 |
| judgment is in favor of the accused, the fees
allowed the | 25 |
| State's attorney therein shall be retained out of the fines
and | 26 |
| forfeitures collected by them in other cases.
|
|
|
|
09600SB1030ham003 |
- 24 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| Ten per cent of all moneys except revenue, collected by | 2 |
| them and paid
over to the authorities entitled thereto, which | 3 |
| per cent together with
the fees provided for herein that are | 4 |
| not collected from the parties
tried or examined, shall be paid | 5 |
| out of any fines and forfeited
recognizances collected by them, | 6 |
| provided however, that in proceedings
to foreclose the lien of | 7 |
| delinquent real estate taxes State's attorneys
shall receive a | 8 |
| fee, to be credited to the earnings of their office, of 10%
of | 9 |
| the total amount realized from the sale of real estate sold in | 10 |
| such
proceedings. Such fees shall be paid from the total amount | 11 |
| realized from
the sale of the real estate sold in such | 12 |
| proceedings.
| 13 |
| State's attorneys shall have a lien for their fees on all | 14 |
| judgments
for fines or forfeitures procured by them and on | 15 |
| moneys except revenue
received by them until such fees and | 16 |
| earnings are fully paid.
| 17 |
| No fees shall be charged on more than 10 counts in any one | 18 |
| indictment
or information on trial and conviction; nor on more | 19 |
| than 10 counts
against any one defendant on pleas of guilty.
| 20 |
| The Circuit Court may direct that of all monies received, | 21 |
| by
restitution or otherwise, which monies are ordered paid to | 22 |
| the
Department of Healthcare and Family Services (formerly | 23 |
| Department of Public Aid) or the Department of Human Services | 24 |
| (acting as
successor to the Department of Public Aid under the | 25 |
| Department of Human
Services Act) as a direct result of the | 26 |
| efforts
of the
State's attorney and which payments arise from |
|
|
|
09600SB1030ham003 |
- 25 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| Civil or Criminal
prosecutions involving the Illinois Public | 2 |
| Aid Code or the Criminal Code,
the
following amounts shall be | 3 |
| paid quarterly by the Department of Healthcare and Family | 4 |
| Services or the Department of Human Services to the General | 5 |
| Corporate Fund of
the County in which the prosecution
or cause | 6 |
| of action took place:
| 7 |
| (1) where the monies result from child support | 8 |
| obligations, not
less than 25% of the federal share of the | 9 |
| monies received,
| 10 |
| (2) where the monies result from other than child | 11 |
| support
obligations, not less than 25% of the State's share | 12 |
| of the monies received.
| 13 |
| In addition to any other amounts to which State's Attorneys | 14 |
| are entitled under this Section, State's Attorneys are entitled | 15 |
| to $10 of the fine that is imposed under Section 5-9-1.17 of | 16 |
| the Unified Code of Corrections, as set forth in that Section. | 17 |
| (b) A municipality shall be entitled to a $10 prosecution | 18 |
| fee for each
conviction for a violation of the Illinois Vehicle | 19 |
| Code prosecuted by the
municipal attorney pursuant to Section | 20 |
| 16-102 of that Code which is tried
before a circuit or | 21 |
| associate judge and shall be entitled to a $10
prosecution fee | 22 |
| for each conviction for a violation of a municipal vehicle
| 23 |
| ordinance prosecuted by the municipal attorney which is tried | 24 |
| before a
circuit or associate judge. Such fee shall be taxed as | 25 |
| costs to be
collected from the defendant, if possible, upon | 26 |
| conviction. A municipality
shall have a lien for such |
|
|
|
09600SB1030ham003 |
- 26 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| prosecution fees on all judgments or fines
procured by the | 2 |
| municipal attorney from prosecutions for violations of the
| 3 |
| Illinois Vehicle Code and municipal vehicle ordinances.
| 4 |
| For the purposes of this subsection (b), "municipal vehicle | 5 |
| ordinance"
means any ordinance enacted pursuant to Sections | 6 |
| 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | 7 |
| Municipal Code or any ordinance enacted by a
municipality which | 8 |
| is similar to a provision of Chapter 11 of the Illinois
Vehicle | 9 |
| Code.
| 10 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 11 |
| Section 10. The Juvenile Court Act of 1987 is amended by | 12 |
| changing Section 5-915 and by adding Section 5-622 as follows: | 13 |
| (705 ILCS 405/5-622 new) | 14 |
| Sec. 5-622. Expungement review. Any minor charged with a | 15 |
| misdemeanor offense as a first offense, regardless of the | 16 |
| disposition of the charge, is eligible for expungement review | 17 |
| by the court upon his or her 18th birthday or upon completion | 18 |
| of the minor's sentence or disposition of the charge against | 19 |
| the minor, whichever is later. Upon motion by counsel filed | 20 |
| within 30 days after entry of the judgment of the court, the | 21 |
| court shall set a time for an expungement review hearing within | 22 |
| a month of the minor's 18th birthday or within a month of | 23 |
| completion of the minor's sentence or disposition of the charge | 24 |
| against the minor, whichever is later. No hearing shall be held |
|
|
|
09600SB1030ham003 |
- 27 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| if the minor fails to appear, and no penalty shall attach to | 2 |
| the minor. If the minor appears in person or by counsel the | 3 |
| court shall hold a hearing to determine whether to expunge the | 4 |
| law enforcement and court records of the minor. Objections to | 5 |
| expungement shall be limited 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 |
|
|
|
09600SB1030ham003 |
- 28 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| Section 5-915 where applicable.
| 2 |
| (705 ILCS 405/5-915)
| 3 |
| Sec. 5-915. Expungement of juvenile law enforcement and | 4 |
| court records.
| 5 |
| (0.05) For purposes of this Section and Section 5-622: | 6 |
| "Expunge" means to physically destroy the records and | 7 |
| to obliterate the minor's name from any official index or | 8 |
| public record, or both. Nothing in this Act shall require | 9 |
| the physical destruction of the internal office records, | 10 |
| files, or databases maintained by a State's Attorney's | 11 |
| Office or other prosecutor. | 12 |
| "Law enforcement record" includes but is not limited to | 13 |
| records of arrest, station adjustments, fingerprints, | 14 |
| probation adjustments, the issuance of a notice to appear, | 15 |
| or any other records maintained by a law enforcement agency | 16 |
| relating to a minor suspected of committing an offense. | 17 |
| (1) Whenever any person has attained the age of 17 or | 18 |
| whenever all juvenile
court proceedings relating to that person | 19 |
| have been terminated, whichever is
later, the person may | 20 |
| petition the court to expunge law enforcement records
relating | 21 |
| to incidents occurring before his or her 17th birthday or his | 22 |
| or her
juvenile court
records, or both, but only in the | 23 |
| following circumstances:
| 24 |
| (a) the minor was arrested and no petition for | 25 |
| delinquency was filed with
the clerk of the circuit court; |
|
|
|
09600SB1030ham003 |
- 29 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| or
| 2 |
| (b) the minor was charged with an offense and was found | 3 |
| not delinquent of
that offense; or
| 4 |
| (c) the minor was placed under supervision pursuant to | 5 |
| Section 5-615, and
the order of
supervision has since been | 6 |
| successfully terminated; or
| 7 |
| (d)
the minor was adjudicated for an offense which | 8 |
| would be a Class B
misdemeanor, Class C misdemeanor, or a | 9 |
| petty or business offense if committed by an adult.
| 10 |
| (2) Any person may petition the court to expunge all law | 11 |
| enforcement records
relating to any
incidents occurring before | 12 |
| his or her 17th birthday which did not result in
proceedings in | 13 |
| criminal court and all juvenile court records with respect to
| 14 |
| any adjudications except those based upon first degree
murder | 15 |
| and
sex offenses which would be felonies if committed by an | 16 |
| adult, if the person
for whom expungement is sought has had no
| 17 |
| convictions for any crime since his or her 17th birthday and:
| 18 |
| (a) has attained the age of 21 years; or
| 19 |
| (b) 5 years have elapsed since all juvenile court | 20 |
| proceedings relating to
him or her have been terminated or | 21 |
| his or her commitment to the Department of
Juvenile Justice
| 22 |
| pursuant to this Act has been terminated;
| 23 |
| whichever is later of (a) or (b). Nothing in this Section 5-915 | 24 |
| precludes a minor from obtaining expungement under Section | 25 |
| 5-622. | 26 |
| (2.5) If a minor is arrested and no petition for |
|
|
|
09600SB1030ham003 |
- 30 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| delinquency is filed with the clerk of the circuit court as | 2 |
| provided in paragraph (a) of subsection (1) at the time the | 3 |
| minor is released from custody, the youth officer, if | 4 |
| applicable, or other designated person from the arresting | 5 |
| agency, shall notify verbally and in writing to the minor or | 6 |
| the minor's parents or guardians that if the State's Attorney | 7 |
| does not file a petition for delinquency, the minor has a right | 8 |
| to petition to have his or her arrest record expunged when the | 9 |
| minor attains the age of 17 or when all juvenile court | 10 |
| proceedings relating to that minor have been terminated and | 11 |
| that unless a petition to expunge is filed, the minor shall | 12 |
| have an arrest record and shall provide the minor and the | 13 |
| minor's parents or guardians with an expungement information | 14 |
| packet, including a petition to expunge juvenile records | 15 |
| obtained from the clerk of the circuit court. | 16 |
| (2.6) If a minor is charged with an offense and is found | 17 |
| not delinquent of that offense; or if a minor is placed under | 18 |
| supervision under Section 5-615, and the order of supervision | 19 |
| is successfully terminated; or if a minor is adjudicated for an | 20 |
| offense that would be a Class B misdemeanor, a Class C | 21 |
| misdemeanor, or a business or petty offense if committed by an | 22 |
| adult; or if a minor has incidents occurring before his or her | 23 |
| 17th birthday that have not resulted in proceedings in criminal | 24 |
| court, or resulted in proceedings in juvenile court, and the | 25 |
| adjudications were not based upon first degree murder or sex | 26 |
| offenses that would be felonies if committed by an adult; then |
|
|
|
09600SB1030ham003 |
- 31 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| at the time of sentencing or dismissal of the case, the judge | 2 |
| shall inform the delinquent minor of his or her right to | 3 |
| petition for expungement as provided by law, and the clerk of | 4 |
| the circuit court shall provide an expungement information | 5 |
| packet to the delinquent minor, written in plain language, | 6 |
| including a petition for expungement, a sample of a completed | 7 |
| petition, expungement instructions that shall include | 8 |
| information informing the minor that (i) once the case is | 9 |
| expunged, it shall be treated as if it never occurred, (ii) he | 10 |
| or she may apply to have petition fees waived, (iii) once he or | 11 |
| she obtains an expungement, he or she may not be required to | 12 |
| disclose that he or she had a juvenile record, and (iv) he or | 13 |
| she may file the petition on his or her own or with the | 14 |
| assistance of an attorney. The failure of the judge to inform | 15 |
| the delinquent minor of his or her right to petition for | 16 |
| expungement as provided by law does not create a substantive | 17 |
| right, nor is that failure grounds for: (i) a reversal of an | 18 |
| adjudication of delinquency, (ii) a new trial; or (iii) an | 19 |
| appeal. | 20 |
| (2.7) For counties with a population over 3,000,000, the | 21 |
| clerk of the circuit court shall send a "Notification of a | 22 |
| Possible Right to Expungement" post card to the minor at the | 23 |
| address last received by the clerk of the circuit court on the | 24 |
| date that the minor attains the age of 17 based on the | 25 |
| birthdate provided to the court by the minor or his or her | 26 |
| guardian in cases under paragraphs (b), (c), and (d) of |
|
|
|
09600SB1030ham003 |
- 32 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| subsection (1); and when the minor attains the age of 21 based | 2 |
| on the birthdate provided to the court by the minor or his or | 3 |
| her guardian in cases under subsection (2). | 4 |
| (2.8) The petition for expungement for subsection (1) shall | 5 |
| be substantially in the following form: | 6 |
| IN THE CIRCUIT COURT OF ......, ILLINOIS
| 7 |
| ........ JUDICIAL CIRCUIT
| 8 |
| IN THE INTEREST OF ) NO.
| 9 |
| )
| 10 |
| )
| 11 |
| ...................)
| 12 |
| (Name of Petitioner) | 13 |
| PETITION TO EXPUNGE JUVENILE RECORDS | 14 |
| (705 ILCS 405/5-915 (SUBSECTION 1)) | 15 |
| (Please prepare a separate petition for each offense) | 16 |
| Now comes ............., petitioner, and respectfully requests
| 17 |
| that this Honorable Court enter an order expunging all juvenile | 18 |
| law enforcement and court records of petitioner and in support | 19 |
| thereof states that:
Petitioner has attained the age of 17, | 20 |
| his/her birth date being ......, or all
Juvenile Court | 21 |
| proceedings terminated as of ......, whichever occurred later.
| 22 |
| Petitioner was arrested on ..... by the ....... Police | 23 |
| Department for the offense of ......., and:
| 24 |
| (Check One:)
|
|
|
|
09600SB1030ham003 |
- 33 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| ( ) a. no petition was filed with the Clerk of the Circuit | 2 |
| Court. | 3 |
| ( ) b. was charged with ...... and was found not delinquent
of | 4 |
| the offense. | 5 |
| ( ) c. a petition was filed and the petition was dismissed | 6 |
| without a finding of delinquency on ..... | 7 |
| ( ) d. on ....... placed under supervision pursuant to Section | 8 |
| 5-615 of the Juvenile Court Act of 1987 and such order of | 9 |
| supervision successfully terminated on ........ | 10 |
| ( ) e. was adjudicated for the offense, which would have been a | 11 |
| Class B misdemeanor, a Class C misdemeanor, or a petty offense | 12 |
| or business offense if committed by an adult.
| 13 |
| Petitioner .... has .... has not been arrested on charges in | 14 |
| this or any county other than the charges listed above. If | 15 |
| petitioner has been arrested on additional charges, please list | 16 |
| the charges below:
| 17 |
| Charge(s): ...... | 18 |
| Arresting Agency or Agencies: ........... | 19 |
| Disposition/Result: (choose from a. through e., above): .....
| 20 |
| WHEREFORE, the petitioner respectfully requests this Honorable | 21 |
| Court to (1) order all law enforcement agencies to expunge all | 22 |
| records of petitioner to this incident, and (2) to order the | 23 |
| Clerk of the Court to expunge all records concerning the | 24 |
| petitioner regarding this incident. | 25 |
| ......................
|
|
|
|
09600SB1030ham003 |
- 34 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| Petitioner (Signature)
| 2 |
| ..........................
| 3 |
| Petitioner's Street Address
| 4 |
| .....................
| 5 |
| City, State, Zip Code
| 6 |
| .............................
| 7 |
| Petitioner's Telephone Number
| 8 |
| Pursuant to the penalties of perjury under the Code of Civil | 9 |
| Procedure, 735 ILCS 5/1-109, I hereby certify that the | 10 |
| statements in this petition are true and correct, or on | 11 |
| information and belief I believe the same to be true. | 12 |
| ......................
| 13 |
| Petitioner (Signature)
| 14 |
| The Petition for Expungement for subsection (2) shall be | 15 |
| substantially in the following form: | 16 |
| IN THE CIRCUIT COURT OF ........, ILLINOIS | 17 |
| ........ JUDICIAL CIRCUIT | 18 |
| IN THE INTEREST OF ) NO.
| 19 |
| )
|
|
|
|
09600SB1030ham003 |
- 35 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| )
| 2 |
| ...................)
| 3 |
| (Name of Petitioner) | 4 |
| PETITION TO EXPUNGE JUVENILE RECORDS
| 5 |
| (705 ILCS 405/5-915 (SUBSECTION 2))
| 6 |
| (Please prepare a separate petition for each offense)
| 7 |
| Now comes ............, petitioner, and respectfully requests | 8 |
| that this Honorable Court enter an order expunging all Juvenile | 9 |
| Law Enforcement and Court records of petitioner and in support | 10 |
| thereof states that: | 11 |
| The incident for which the Petitioner seeks expungement | 12 |
| occurred before the Petitioner's 17th birthday and did not | 13 |
| result in proceedings in criminal court and the Petitioner has | 14 |
| not had any convictions for any crime since his/her 17th | 15 |
| birthday; and
| 16 |
| The incident for which the Petitioner seeks expungement | 17 |
| occurred before the Petitioner's 17th birthday and the | 18 |
| adjudication was not based upon first-degree murder or sex | 19 |
| offenses which would be felonies if committed by an adult, and | 20 |
| the Petitioner has not had any convictions for any crime since | 21 |
| his/her 17th birthday. | 22 |
| Petitioner was arrested on ...... by the ....... Police | 23 |
| Department for the offense of ........, and: | 24 |
| (Check whichever one occurred the latest:) | 25 |
| ( ) a. The Petitioner has attained the age of 21 years, his/her |
|
|
|
09600SB1030ham003 |
- 36 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| birthday being .......; or | 2 |
| ( ) b. 5 years have elapsed since all juvenile court | 3 |
| proceedings relating to the Petitioner have been terminated; or | 4 |
| the Petitioner's commitment to the Department of Juvenile | 5 |
| Justice
pursuant to the expungement of juvenile law enforcement | 6 |
| and court records provisions of the Juvenile Court Act of 1987 | 7 |
| has been terminated.
Petitioner ...has ...has not been arrested | 8 |
| on charges in this or any other county other than the charge | 9 |
| listed above. If petitioner has been arrested on additional | 10 |
| charges, please list the charges below: | 11 |
| Charge(s): .......... | 12 |
| Arresting Agency or Agencies: ....... | 13 |
| Disposition/Result: (choose from a or b, above): .......... | 14 |
| WHEREFORE, the petitioner respectfully requests this Honorable | 15 |
| Court to (1) order all law enforcement agencies to expunge all | 16 |
| records of petitioner related to this incident, and (2) to | 17 |
| order the Clerk of the Court to expunge all records concerning | 18 |
| the petitioner regarding this incident. | 19 |
| .......................
| 20 |
| Petitioner (Signature)
| 21 |
| ......................
| 22 |
| Petitioner's Street Address
| 23 |
| .....................
|
|
|
|
09600SB1030ham003 |
- 37 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| City, State, Zip Code
| 2 |
| .............................
| 3 |
| Petitioner's Telephone Number
| 4 |
| Pursuant to the penalties of perjury under the Code of Civil | 5 |
| Procedure, 735 ILCS 5/1-109, I hereby certify that the | 6 |
| statements in this petition are true and correct, or on | 7 |
| information and belief I believe the same to be true. | 8 |
| ......................
| 9 |
| Petitioner (Signature)
| 10 |
| (3) The chief judge of the circuit in which an arrest was | 11 |
| made or a charge
was brought or any
judge of that circuit | 12 |
| designated by the chief judge
may, upon verified petition
of a | 13 |
| person who is the subject of an arrest or a juvenile court | 14 |
| proceeding
under subsection (1) or (2) of this Section, order | 15 |
| the law enforcement
records or official court file, or both, to | 16 |
| be expunged from the official
records of the arresting | 17 |
| authority, the clerk of the circuit court and the
Department of | 18 |
| State Police. The person whose records are to be expunged shall | 19 |
| petition the court using the appropriate form containing his or | 20 |
| her current address and shall promptly notify the clerk of the | 21 |
| circuit court of any change of address. Notice
of the petition | 22 |
| shall be served upon the State's Attorney or prosecutor charged | 23 |
| with the duty of prosecuting the offense, the Department of | 24 |
| State Police, and the arresting agency or agencies by the clerk | 25 |
| of the circuit court. If an objection is filed within 45
days |
|
|
|
09600SB1030ham003 |
- 38 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| of the notice of the petition, the clerk of the circuit court | 2 |
| shall set a date for hearing after the 45
day objection period. | 3 |
| At the hearing the court shall hear evidence on whether the | 4 |
| expungement should or should not be granted. Unless the State's | 5 |
| Attorney or prosecutor, the Department of State Police, or an | 6 |
| arresting agency objects to the expungement within 45
days of | 7 |
| the notice, the court may enter an order granting expungement. | 8 |
| The person whose records are to be expunged shall pay the clerk | 9 |
| of the circuit court a fee equivalent to the cost associated | 10 |
| with expungement of records by the clerk and the Department of | 11 |
| State Police. The clerk shall forward a certified copy of the | 12 |
| order to the Department of State Police, the appropriate | 13 |
| portion of the fee to the Department of State Police for | 14 |
| processing, and deliver a certified copy of the order to the | 15 |
| arresting agency.
| 16 |
| (3.1) The Notice of Expungement shall be in substantially | 17 |
| the following form: | 18 |
| IN THE CIRCUIT COURT OF ....., ILLINOIS
| 19 |
| .... JUDICIAL CIRCUIT
| 20 |
| IN THE INTEREST OF ) NO.
| 21 |
| )
| 22 |
| )
| 23 |
| ...................)
| 24 |
| (Name of Petitioner) |
|
|
|
09600SB1030ham003 |
- 39 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| NOTICE
| 2 |
| TO: State's Attorney
| 3 |
| TO: Arresting Agency
| 4 |
|
| 5 |
| ................
| 6 |
| ................
| 7 |
|
| 8 |
| ................
| 9 |
| ................
| 10 |
| TO: Illinois State Police
| 11 |
|
| 12 |
| .....................
| 13 |
|
| 14 |
| .....................
| 15 |
| ATTENTION: Expungement
| 16 |
| You are hereby notified that on ....., at ....., in courtroom | 17 |
| ..., located at ..., before the Honorable ..., Judge, or any | 18 |
| judge sitting in his/her stead, I shall then and there present | 19 |
| a Petition to Expunge Juvenile records in the above-entitled | 20 |
| matter, at which time and place you may appear. | 21 |
| ......................
| 22 |
| Petitioner's Signature
| 23 |
| ...........................
| 24 |
| Petitioner's Street Address
| 25 |
| .....................
| 26 |
| City, State, Zip Code
|
|
|
|
09600SB1030ham003 |
- 40 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| .............................
| 2 |
| Petitioner's Telephone Number
| 3 |
| PROOF OF SERVICE
| 4 |
| On the ....... day of ......, 20..., I on oath state that I | 5 |
| served this notice and true and correct copies of the | 6 |
| above-checked documents by: | 7 |
| (Check One:) | 8 |
| delivering copies personally to each entity to whom they are | 9 |
| directed; | 10 |
| or | 11 |
| by mailing copies to each entity to whom they are directed by | 12 |
| depositing the same in the U.S. Mail, proper postage fully | 13 |
| prepaid, before the hour of 5:00 p.m., at the United States | 14 |
| Postal Depository located at ................. | 15 |
| .........................................
| 16 |
|
| 17 |
| Signature | 18 |
| Clerk of the Circuit Court or Deputy Clerk
| 19 |
| Printed Name of Delinquent Minor/Petitioner: .... | 20 |
| Address: ........................................ | 21 |
| Telephone Number: ............................... | 22 |
| (3.2) The Order of Expungement shall be in substantially | 23 |
| the following form: | 24 |
| IN THE CIRCUIT COURT OF ....., ILLINOIS
| 25 |
| .... JUDICIAL CIRCUIT
|
|
|
|
09600SB1030ham003 |
- 41 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| IN THE INTEREST OF ) NO.
| 2 |
| )
| 3 |
| )
| 4 |
| ...................)
| 5 |
| (Name of Petitioner)
| 6 |
| DOB ................ | 7 |
| Arresting Agency/Agencies ...... | 8 |
| ORDER OF EXPUNGEMENT
| 9 |
| (705 ILCS 405/5-915 (SUBSECTION 3))
| 10 |
| This matter having been heard on the petitioner's motion and | 11 |
| the court being fully advised in the premises does find that | 12 |
| the petitioner is indigent or has presented reasonable cause to | 13 |
| waive all costs in this matter, IT IS HEREBY ORDERED that: | 14 |
| ( ) 1. Clerk of Court and Department of State Police costs | 15 |
| are hereby waived in this matter. | 16 |
| ( ) 2. The Illinois State Police Bureau of Identification | 17 |
| and the following law enforcement agencies expunge all records | 18 |
| of petitioner relating to an arrest dated ...... for the | 19 |
| offense of ...... | 20 |
| Law Enforcement Agencies:
| 21 |
| .........................
| 22 |
| .........................
| 23 |
| ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | 24 |
| Court expunge all records regarding the above-captioned case. | 25 |
| ENTER: ......................
|
|
|
|
09600SB1030ham003 |
- 42 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
|
| 2 |
| JUDGE | 3 |
| DATED: ....... | 4 |
| Name:
| 5 |
| Attorney for:
| 6 |
| Address:
City/State/Zip:
| 7 |
| Attorney Number: | 8 |
| (3.3) The Notice of Objection shall be in substantially the | 9 |
| following form: | 10 |
| IN THE CIRCUIT COURT OF ....., ILLINOIS
| 11 |
| ....................... JUDICIAL CIRCUIT
| 12 |
| IN THE INTEREST OF ) NO.
| 13 |
| )
| 14 |
| )
| 15 |
| ...................)
| 16 |
| (Name of Petitioner) | 17 |
| NOTICE OF OBJECTION
| 18 |
| TO:(Attorney, Public Defender, Minor)
| 19 |
| .................................
| 20 |
| .................................
| 21 |
| TO:(Illinois State Police)
| 22 |
| .................................
| 23 |
| ................................. | 24 |
| TO:(Clerk of the Court)
|
|
|
|
09600SB1030ham003 |
- 43 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| .................................
| 2 |
| .................................
| 3 |
| TO:(Judge)
| 4 |
| .................................
| 5 |
| .................................
| 6 |
| TO:(Arresting Agency/Agencies)
| 7 |
| .................................
| 8 |
| ................................. | 9 |
| ATTENTION:
You are hereby notified that an objection has been | 10 |
| filed by the following entity regarding the above-named minor's | 11 |
| petition for expungement of juvenile records: | 12 |
| ( ) State's Attorney's Office;
| 13 |
| ( ) Prosecutor (other than State's Attorney's Office) charged | 14 |
| with the duty of prosecuting the offense sought to be expunged;
| 15 |
| ( ) Department of Illinois State Police; or
| 16 |
| ( ) Arresting Agency or Agencies.
| 17 |
| The agency checked above respectfully requests that this case | 18 |
| be continued and set for hearing on whether the expungement | 19 |
| should or should not be granted.
| 20 |
| DATED: ....... | 21 |
| Name: | 22 |
| Attorney For:
| 23 |
| Address: | 24 |
| City/State/Zip:
| 25 |
| Telephone:
| 26 |
| Attorney No.:
|
|
|
|
09600SB1030ham003 |
- 44 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| 2 |
| This matter has been set for hearing on the foregoing | 3 |
| objection, on ...... in room ...., located at ....., before the | 4 |
| Honorable ....., Judge, or any judge sitting in his/her stead.
| 5 |
| (Only one hearing shall be set, regardless of the number of | 6 |
| Notices of Objection received on the same case).
| 7 |
| A copy of this completed Notice of Objection containing the | 8 |
| court date, time, and location, has been sent via regular U.S. | 9 |
| Mail to the following entities. (If more than one Notice of | 10 |
| Objection is received on the same case, each one must be | 11 |
| completed with the court date, time and location and mailed to | 12 |
| the following entities):
| 13 |
| ( ) Attorney, Public Defender or Minor;
| 14 |
| ( ) State's Attorney's Office; | 15 |
| ( ) Prosecutor (other than State's Attorney's Office) charged | 16 |
| with the duty of prosecuting the offense sought to be expunged; | 17 |
| ( ) Department of Illinois State Police; and | 18 |
| ( ) Arresting agency or agencies.
| 19 |
| Date: ...... | 20 |
| Initials of Clerk completing this section: .....
| 21 |
| (4) Upon entry of an order expunging records or files, the | 22 |
| offense, which
the records or files concern shall be treated as | 23 |
| if it never occurred. Law
enforcement officers and other public | 24 |
| offices and agencies shall properly reply
on inquiry that no | 25 |
| record or file exists with respect to the
person.
| 26 |
| (5) Records which have not been expunged are sealed, and |
|
|
|
09600SB1030ham003 |
- 45 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| may be obtained
only under the provisions of Sections 5-901, | 2 |
| 5-905 and 5-915.
| 3 |
| (6) Nothing in this Section shall be construed to prohibit | 4 |
| the maintenance
of information relating to an offense after | 5 |
| records or files concerning the
offense have been expunged if | 6 |
| the information is kept in a manner that does not
enable | 7 |
| identification of the offender. This information may only be | 8 |
| used for
statistical and bona fide research purposes. | 9 |
| (7)(a) The State Appellate Defender shall establish, | 10 |
| maintain, and carry out, by December 31, 2004, a juvenile | 11 |
| expungement program
to provide information and assistance to | 12 |
| minors eligible to have their juvenile records expunged.
| 13 |
| (b) The State Appellate Defender shall develop brochures, | 14 |
| pamphlets, and
other
materials in
printed form and through the | 15 |
| agency's World Wide Web site. The pamphlets and
other materials | 16 |
| shall
include at a minimum the following information:
| 17 |
| (i) An explanation of the State's juvenile expungement | 18 |
| process; | 19 |
| (ii) The circumstances under which juvenile | 20 |
| expungement may occur; | 21 |
| (iii) The juvenile offenses that may be expunged; | 22 |
| (iv) The steps necessary to initiate and complete the | 23 |
| juvenile expungement process;
and | 24 |
| (v) Directions on how to contact the State Appellate | 25 |
| Defender. | 26 |
| (c) The State Appellate Defender shall establish and |
|
|
|
09600SB1030ham003 |
- 46 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| maintain a statewide
toll-free telephone
number that a person | 2 |
| may use to receive information or assistance concerning
the | 3 |
| expungement of juvenile records. The State Appellate
Defender | 4 |
| shall advertise
the toll-free telephone number statewide. The | 5 |
| State Appellate Defender shall
develop an expungement
| 6 |
| information packet that may be sent to eligible persons seeking | 7 |
| expungement of
their juvenile records,
which may include, but | 8 |
| is not limited to, a pre-printed expungement petition
with | 9 |
| instructions on how
to complete the petition and a pamphlet | 10 |
| containing information that would
assist individuals through
| 11 |
| the juvenile expungement process. | 12 |
| (d) The State Appellate Defender shall compile a statewide | 13 |
| list of volunteer
attorneys willing
to assist eligible | 14 |
| individuals through the juvenile expungement process. | 15 |
| (e) This Section shall be implemented from funds | 16 |
| appropriated by the General
Assembly to the State
Appellate | 17 |
| Defender
for this purpose. The State Appellate Defender shall | 18 |
| employ the necessary staff
and adopt the
necessary rules for | 19 |
| implementation of this Section. | 20 |
| (8)(a) Except with respect to law enforcement agencies, the | 21 |
| Department of Corrections, State's Attorneys, or other | 22 |
| prosecutors, an expunged juvenile record may not be considered | 23 |
| by any private or public entity in employment matters, | 24 |
| certification, licensing, revocation of certification or | 25 |
| licensure, or registration. Applications for employment must | 26 |
| contain specific language that states that the applicant is not |
|
|
|
09600SB1030ham003 |
- 47 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| obligated to disclose expunged juvenile records of conviction | 2 |
| or arrest. Employers may not ask if an applicant has had a | 3 |
| juvenile record expunged. Effective January 1, 2005, the | 4 |
| Department of Labor shall develop a link on the Department's | 5 |
| website to inform employers that employers may not ask if an | 6 |
| applicant had a juvenile record expunged and that application | 7 |
| for employment must contain specific language that states that | 8 |
| the applicant is not obligated to disclose expunged juvenile | 9 |
| records of arrest or conviction. | 10 |
| (b) A person whose juvenile records have been expunged is | 11 |
| not entitled to remission of any fines, costs, or other money | 12 |
| paid as a consequence of expungement. This amendatory Act of | 13 |
| the 93rd General Assembly does not affect the right of the | 14 |
| victim of a crime to prosecute or defend a civil action for | 15 |
| damages.
| 16 |
| (c) The expungement of juvenile records under Section 5-622 | 17 |
| shall be funded by the additional fine imposed under Section | 18 |
| 5-9-1.17 of the Unified Code of Corrections and additional | 19 |
| appropriations made by the General Assembly for such purpose. | 20 |
| (Source: P.A. 94-696, eff. 6-1-06; 95-861, eff. 1-1-09.)
| 21 |
| Section 15. The Unified Code of Corrections is amended by | 22 |
| adding Section 5-9-1.17 as follows: | 23 |
| (730 ILCS 5/5-9-1.17 new)
| 24 |
| Sec. 5-9-1.17. Additional fine to fund expungement of |
|
|
|
09600SB1030ham003 |
- 48 - |
LRB096 07100 DRJ 27637 a |
|
| 1 |
| juvenile records. | 2 |
| (a) There shall be added to every penalty imposed in | 3 |
| sentencing for a criminal offense an additional fine of $30 to | 4 |
| be imposed upon a plea of guilty or finding of guilty resulting | 5 |
| in a judgment of conviction. | 6 |
| (b) Ten dollars of each such additional fine shall be | 7 |
| remitted to the State Treasurer for deposit into the State | 8 |
| Police Services Fund to be used to implement the expungement of | 9 |
| juvenile records as provided in Section 5-622 of the Juvenile | 10 |
| Court Act of 1987, $10 shall be paid to the State's Attorney's | 11 |
| Office that prosecuted the criminal offense, and $10 shall be | 12 |
| retained by the Circuit Clerk for administrative costs | 13 |
| associated with the expungement of juvenile records and shall | 14 |
| be deposited into the Circuit Court Clerk Operation and | 15 |
| Administrative Fund. ".
|
|