Illinois General Assembly - Full Text of HB3010
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Full Text of HB3010  98th General Assembly

HB3010eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB3010 EngrossedLRB098 07870 RLC 41597 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing 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 5-6-3.3 or 5-6-3.4
21        of the Unified Code of Corrections, Section
22        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
23        those provisions existed before their deletion by
24        Public Act 89-313), Section 10-102 of the Illinois
25        Alcoholism and Other Drug Dependency Act, Section
26        40-10 of the Alcoholism and Other Drug Abuse and

 

 

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1        Dependency Act, or Section 10 of the Steroid Control
2        Act. For the purpose of this Section, "successful
3        completion" of an order of qualified probation under
4        Section 10-102 of the Illinois Alcoholism and Other
5        Drug Dependency Act and Section 40-10 of the Alcoholism
6        and Other Drug Abuse and Dependency Act means that the
7        probation was terminated satisfactorily and the
8        judgment of conviction was vacated.
9            (K) "Seal" means to physically and electronically
10        maintain the records, unless the records would
11        otherwise be destroyed due to age, but to make the
12        records unavailable without a court order, subject to
13        the exceptions in Sections 12 and 13 of this Act. The
14        petitioner's name shall also be obliterated from the
15        official index required to be kept by the circuit court
16        clerk under Section 16 of the Clerks of Courts Act, but
17        any index issued by the circuit court clerk before the
18        entry of the order to seal shall not be affected.
19            (L) "Sexual offense committed against a minor"
20        includes but is not limited to the offenses of indecent
21        solicitation of a child or criminal sexual abuse when
22        the victim of such offense is under 18 years of age.
23            (M) "Terminate" as it relates to a sentence or
24        order of supervision or qualified probation includes
25        either satisfactory or unsatisfactory termination of
26        the sentence, unless otherwise specified in this

 

 

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1        Section.
2        (2) Minor Traffic Offenses. Orders of supervision or
3    convictions for minor traffic offenses shall not affect a
4    petitioner's eligibility to expunge or seal records
5    pursuant to this Section.
6        (3) Exclusions. Except as otherwise provided in
7    subsections (b)(5), (b)(6), (e), and (e-5) of this Section,
8    the court shall not order:
9            (A) the sealing or expungement of the records of
10        arrests or charges not initiated by arrest that result
11        in an order of supervision for or conviction of: (i)
12        any sexual offense committed against a minor; (ii)
13        Section 11-501 of the Illinois Vehicle Code or a
14        similar provision of a local ordinance; or (iii)
15        Section 11-503 of the Illinois Vehicle Code or a
16        similar provision of a local ordinance, unless the
17        arrest or charge is for a misdemeanor violation of
18        subsection (a) of Section 11-503 or a similar provision
19        of a local ordinance, that occurred prior to the
20        offender reaching the age of 25 years and the offender
21        has no other conviction for violating Section 11-501 or
22        11-503 of the Illinois Vehicle Code or a similar
23        provision of a local ordinance.
24            (B) the sealing or expungement of records of minor
25        traffic offenses (as defined in subsection (a)(1)(G)),
26        unless the petitioner was arrested and released

 

 

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1        without charging.
2            (C) the sealing of the records of arrests or
3        charges not initiated by arrest which result in an
4        order of supervision, an order of qualified probation
5        (as defined in subsection (a)(1)(J)), or a conviction
6        for the following offenses:
7                (i) offenses included in Article 11 of the
8            Criminal Code of 1961 or the Criminal Code of 2012
9            or a similar provision of a local ordinance, except
10            Section 11-14 of the Criminal Code of 1961 or the
11            Criminal Code of 2012, or a similar provision of a
12            local ordinance;
13                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
14            26-5, or 48-1 of the Criminal Code of 1961 or the
15            Criminal Code of 2012, or a similar provision of a
16            local ordinance;
17                (iii) offenses defined as "crimes of violence"
18            in Section 2 of the Crime Victims Compensation Act
19            or a similar provision of a local ordinance;
20                (iv) offenses which are Class A misdemeanors
21            under the Humane Care for Animals Act; or
22                (v) any offense or attempted offense that
23            would subject a person to registration under the
24            Sex Offender Registration Act.
25            (D) the sealing of the records of an arrest which
26        results in the petitioner being charged with a felony

 

 

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1        offense or records of a charge not initiated by arrest
2        for a felony offense unless:
3                (i) the charge is amended to a misdemeanor and
4            is otherwise eligible to be sealed pursuant to
5            subsection (c);
6                (ii) the charge is brought along with another
7            charge as a part of one case and the charge results
8            in acquittal, dismissal, or conviction when the
9            conviction was reversed or vacated, and another
10            charge brought in the same case results in a
11            disposition for a misdemeanor offense that is
12            eligible to be sealed pursuant to subsection (c) or
13            a disposition listed in paragraph (i), (iii), or
14            (iv) of this subsection;
15                (iii) the charge results in first offender
16            probation as set forth in subsection (c)(2)(E);
17                (iv) the charge is for a Class 4 felony offense
18            listed in subsection (c)(2)(F) or the charge is
19            amended to a Class 4 felony offense listed in
20            subsection (c)(2)(F). Records of arrests which
21            result in the petitioner being charged with a Class
22            4 felony offense listed in subsection (c)(2)(F),
23            records of charges not initiated by arrest for
24            Class 4 felony offenses listed in subsection
25            (c)(2)(F), and records of charges amended to a
26            Class 4 felony offense listed in (c)(2)(F) may be

 

 

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1            sealed, regardless of the disposition, subject to
2            any waiting periods set forth in subsection
3            (c)(3);
4                (v) the charge results in acquittal,
5            dismissal, or the petitioner's release without
6            conviction; or
7                (vi) the charge results in a conviction, but
8            the conviction was reversed or vacated.
9    (b) Expungement.
10        (1) A petitioner may petition the circuit court to
11    expunge the records of his or her arrests and charges not
12    initiated by arrest when:
13            (A) He or she has never been convicted of a
14        criminal offense; and
15            (B) Each arrest or charge not initiated by arrest
16        sought to be expunged resulted in: (i) acquittal,
17        dismissal, or the petitioner's release without
18        charging, unless excluded by subsection (a)(3)(B);
19        (ii) a conviction which was vacated or reversed, unless
20        excluded by subsection (a)(3)(B); (iii) an order of
21        supervision and such supervision was successfully
22        completed by the petitioner, unless excluded by
23        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
24        qualified probation (as defined in subsection
25        (a)(1)(J)) and such probation was successfully
26        completed by the petitioner.

 

 

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1        (2) Time frame for filing a petition to expunge.
2            (A) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an acquittal,
4        dismissal, the petitioner's release without charging,
5        or the reversal or vacation of a conviction, there is
6        no waiting period to petition for the expungement of
7        such records.
8            (B) When the arrest or charge not initiated by
9        arrest sought to be expunged resulted in an order of
10        supervision, successfully completed by the petitioner,
11        the following time frames will apply:
12                (i) Those arrests or charges that resulted in
13            orders of supervision under Section 3-707, 3-708,
14            3-710, or 5-401.3 of the Illinois Vehicle Code or a
15            similar provision of a local ordinance, or under
16            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
17            Code of 1961 or the Criminal Code of 2012, or a
18            similar provision of a local ordinance, shall not
19            be eligible for expungement until 5 years have
20            passed following the satisfactory termination of
21            the supervision.
22                (i-5) Those arrests or charges that resulted
23            in orders of supervision for a misdemeanor
24            violation of subsection (a) of Section 11-503 of
25            the Illinois Vehicle Code or a similar provision of
26            a local ordinance, that occurred prior to the

 

 

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1            offender reaching the age of 25 years and the
2            offender has no other conviction for violating
3            Section 11-501 or 11-503 of the Illinois Vehicle
4            Code or a similar provision of a local ordinance
5            shall not be eligible for expungement until the
6            petitioner has reached the age of 25 years.
7                (ii) Those arrests or charges that resulted in
8            orders of supervision for any other offenses shall
9            not be eligible for expungement until 2 years have
10            passed following the satisfactory termination of
11            the supervision.
12            (C) When the arrest or charge not initiated by
13        arrest sought to be expunged resulted in an order of
14        qualified probation, successfully completed by the
15        petitioner, such records shall not be eligible for
16        expungement until 5 years have passed following the
17        satisfactory termination of the probation.
18        (3) Those records maintained by the Department for
19    persons arrested prior to their 17th birthday shall be
20    expunged as provided in Section 5-915 of the Juvenile Court
21    Act of 1987.
22        (4) Whenever a person has been arrested for or
23    convicted of any offense, in the name of a person whose
24    identity he or she has stolen or otherwise come into
25    possession of, the aggrieved person from whom the identity
26    was stolen or otherwise obtained without authorization,

 

 

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1    upon learning of the person having been arrested using his
2    or her identity, may, upon verified petition to the chief
3    judge of the circuit wherein the arrest was made, have a
4    court order entered nunc pro tunc by the Chief Judge to
5    correct the arrest record, conviction record, if any, and
6    all official records of the arresting authority, the
7    Department, other criminal justice agencies, the
8    prosecutor, and the trial court concerning such arrest, if
9    any, by removing his or her name from all such records in
10    connection with the arrest and conviction, if any, and by
11    inserting in the records the name of the offender, if known
12    or ascertainable, in lieu of the aggrieved's name. The
13    records of the circuit court clerk shall be sealed until
14    further order of the court upon good cause shown and the
15    name of the aggrieved person obliterated on the official
16    index required to be kept by the circuit court clerk under
17    Section 16 of the Clerks of Courts Act, but the order shall
18    not affect any index issued by the circuit court clerk
19    before the entry of the order. Nothing in this Section
20    shall limit the Department of State Police or other
21    criminal justice agencies or prosecutors from listing
22    under an offender's name the false names he or she has
23    used.
24        (5) Whenever a person has been convicted of criminal
25    sexual assault, aggravated criminal sexual assault,
26    predatory criminal sexual assault of a child, criminal

 

 

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1    sexual abuse, or aggravated criminal sexual abuse, the
2    victim of that offense may request that the State's
3    Attorney of the county in which the conviction occurred
4    file a verified petition with the presiding trial judge at
5    the petitioner's trial to have a court order entered to
6    seal the records of the circuit court clerk in connection
7    with the proceedings of the trial court concerning that
8    offense. However, the records of the arresting authority
9    and the Department of State Police concerning the offense
10    shall not be sealed. The court, upon good cause shown,
11    shall make the records of the circuit court clerk in
12    connection with the proceedings of the trial court
13    concerning the offense available for public inspection.
14        (6) If a conviction has been set aside on direct review
15    or on collateral attack and the court determines by clear
16    and convincing evidence that the petitioner was factually
17    innocent of the charge, the court shall enter an
18    expungement order as provided in subsection (b) of Section
19    5-5-4 of the Unified Code of Corrections.
20        (7) Nothing in this Section shall prevent the
21    Department of State Police from maintaining all records of
22    any person who is admitted to probation upon terms and
23    conditions and who fulfills those terms and conditions
24    pursuant to Section 10 of the Cannabis Control Act, Section
25    410 of the Illinois Controlled Substances Act, Section 70
26    of the Methamphetamine Control and Community Protection

 

 

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1    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
2    Corrections, Section 12-4.3 or subdivision (b)(1) of
3    Section 12-3.05 of the Criminal Code of 1961 or the
4    Criminal Code of 2012, Section 10-102 of the Illinois
5    Alcoholism and Other Drug Dependency Act, Section 40-10 of
6    the Alcoholism and Other Drug Abuse and Dependency Act, or
7    Section 10 of the Steroid Control Act.
8    (c) Sealing.
9        (1) Applicability. Notwithstanding any other provision
10    of this Act to the contrary, and cumulative with any rights
11    to expungement of criminal records, this subsection
12    authorizes the sealing of criminal records of adults and of
13    minors prosecuted as adults.
14        (2) Eligible Records. The following records may be
15    sealed:
16            (A) All arrests resulting in release without
17        charging;
18            (B) Arrests or charges not initiated by arrest
19        resulting in acquittal, dismissal, or conviction when
20        the conviction was reversed or vacated, except as
21        excluded by subsection (a)(3)(B);
22            (C) Arrests or charges not initiated by arrest
23        resulting in orders of supervision successfully
24        completed by the petitioner, unless excluded by
25        subsection (a)(3);
26            (D) Arrests or charges not initiated by arrest

 

 

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1        resulting in convictions unless excluded by subsection
2        (a)(3);
3            (E) Arrests or charges not initiated by arrest
4        resulting in orders of first offender probation under
5        Section 10 of the Cannabis Control Act, Section 410 of
6        the Illinois Controlled Substances Act, Section 70 of
7        the Methamphetamine Control and Community Protection
8        Act, or Section 5-6-3.3 of the Unified Code of
9        Corrections; and
10            (F) Arrests or charges not initiated by arrest
11        resulting in Class 4 felony convictions for the
12        following offenses:
13                (i) Section 11-14 of the Criminal Code of 1961
14            or the Criminal Code of 2012;
15                (ii) Section 4 of the Cannabis Control Act;
16                (iii) Section 402 of the Illinois Controlled
17            Substances Act;
18                (iv) the Methamphetamine Precursor Control
19            Act; and
20                (v) the Steroid Control Act.
21        (3) When Records Are Eligible to Be Sealed. Records
22    identified as eligible under subsection (c)(2) may be
23    sealed as follows:
24            (A) Records identified as eligible under
25        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
26        time.

 

 

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1            (B) Records identified as eligible under
2        subsection (c)(2)(C) may be sealed (i) 3 years after
3        the termination of petitioner's last sentence (as
4        defined in subsection (a)(1)(F)) if the petitioner has
5        never been convicted of a criminal offense (as defined
6        in subsection (a)(1)(D)); or (ii) 4 years after the
7        termination of the petitioner's last sentence (as
8        defined in subsection (a)(1)(F)) if the petitioner has
9        ever been convicted of a criminal offense (as defined
10        in subsection (a)(1)(D)).
11            (C) Records identified as eligible under
12        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
13        sealed 4 years after the termination of the
14        petitioner's last sentence (as defined in subsection
15        (a)(1)(F)).
16            (D) Records identified in subsection
17        (a)(3)(A)(iii) may be sealed after the petitioner has
18        reached the age of 25 years.
19        (4) Subsequent felony convictions. A person may not
20    have subsequent felony conviction records sealed as
21    provided in this subsection (c) if he or she is convicted
22    of any felony offense after the date of the sealing of
23    prior felony convictions as provided in this subsection
24    (c). The court may, upon conviction for a subsequent felony
25    offense, order the unsealing of prior felony conviction
26    records previously ordered sealed by the court.

 

 

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1        (5) Notice of eligibility for sealing. Upon entry of a
2    disposition for an eligible record under this subsection
3    (c), the petitioner shall be informed by the court of the
4    right to have the records sealed and the procedures for the
5    sealing of the records.
6    (d) Procedure. The following procedures apply to
7expungement under subsections (b) and (e), and sealing under
8subsections (c) and (e-5):
9        (1) Filing the petition. Upon becoming eligible to
10    petition for the expungement or sealing of records under
11    this Section, the petitioner shall file a petition
12    requesting the expungement or sealing of records with the
13    clerk of the court where the arrests occurred or the
14    charges were brought, or both. If arrests occurred or
15    charges were brought in multiple jurisdictions, a petition
16    must be filed in each such jurisdiction. The petitioner
17    shall pay the applicable fee, if not waived.
18        (2) Contents of petition. The petition shall be
19    verified and shall contain the petitioner's name, date of
20    birth, current address and, for each arrest or charge not
21    initiated by arrest sought to be sealed or expunged, the
22    case number, the date of arrest (if any), the identity of
23    the arresting authority, and such other information as the
24    court may require. During the pendency of the proceeding,
25    the petitioner shall promptly notify the circuit court
26    clerk of any change of his or her address. If the

 

 

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

 

 

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1        court clerk, and shall state with specificity the basis
2        of the objection.
3            (B) Objections to a petition to expunge or seal
4        must be filed within 60 days of the date of service of
5        the petition.
6        (6) Entry of order.
7            (A) The Chief Judge of the circuit wherein the
8        charge was brought, any judge of that circuit
9        designated by the Chief Judge, or in counties of less
10        than 3,000,000 inhabitants, the presiding trial judge
11        at the petitioner's trial, if any, shall rule on the
12        petition to expunge or seal as set forth in this
13        subsection (d)(6).
14            (B) Unless the State's Attorney or prosecutor, the
15        Department of State Police, the arresting agency, or
16        the chief legal officer files an objection to the
17        petition to expunge or seal within 60 days from the
18        date of service of the petition, the court shall enter
19        an order granting or denying the petition.
20        (7) Hearings. If an objection is filed, the court shall
21    set a date for a hearing and notify the petitioner and all
22    parties entitled to notice of the petition of the hearing
23    date at least 30 days prior to the hearing, and shall hear
24    evidence on whether the petition should or should not be
25    granted, and shall grant or deny the petition to expunge or
26    seal the records based on the evidence presented at the

 

 

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1    hearing.
2        (8) Service of order. After entering an order to
3    expunge or seal records, the court must provide copies of
4    the order to the Department, in a form and manner
5    prescribed by the Department, to the petitioner, to the
6    State's Attorney or prosecutor charged with the duty of
7    prosecuting the offense, to the arresting agency, to the
8    chief legal officer of the unit of local government
9    effecting the arrest, and to such other criminal justice
10    agencies as may be ordered by the court.
11        (9) Effect of order.
12            (A) Upon entry of an order to expunge records
13        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
14                (i) the records shall be expunged (as defined
15            in subsection (a)(1)(E)) by the arresting agency,
16            the Department, and any other agency as ordered by
17            the court, within 60 days of the date of service of
18            the order, unless a motion to vacate, modify, or
19            reconsider the order is filed pursuant to
20            paragraph (12) of subsection (d) of this Section;
21                (ii) the records of the circuit court clerk
22            shall be impounded until further order of the court
23            upon good cause shown and the name of the
24            petitioner obliterated on the official index
25            required to be kept by the circuit court clerk
26            under Section 16 of the Clerks of Courts Act, but

 

 

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

 

 

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

 

 

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1        receiving such inquiry shall reply as it does in
2        response to inquiries when no records ever existed.
3        (10) Fees. The Department may charge the petitioner a
4    fee equivalent to the cost of processing any order to
5    expunge or seal records. Notwithstanding any provision of
6    the Clerks of Courts Act to the contrary, the circuit court
7    clerk may charge a fee equivalent to the cost associated
8    with the sealing or expungement of records by the circuit
9    court clerk. From the total filing fee collected for the
10    petition to seal or expunge, the circuit court clerk shall
11    deposit $10 into the Circuit Court Clerk Operation and
12    Administrative Fund, to be used to offset the costs
13    incurred by the circuit court clerk in performing the
14    additional duties required to serve the petition to seal or
15    expunge on all parties. The circuit court clerk shall
16    collect and forward the Department of State Police portion
17    of the fee to the Department and it shall be deposited in
18    the State Police Services Fund.
19        (11) Final Order. No court order issued under the
20    expungement or sealing provisions of this Section shall
21    become final for purposes of appeal until 30 days after
22    service of the order on the petitioner and all parties
23    entitled to notice of the petition.
24        (12) Motion to Vacate, Modify, or Reconsider. The
25    petitioner or any party entitled to notice may file a
26    motion to vacate, modify, or reconsider the order granting

 

 

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1    or denying the petition to expunge or seal within 60 days
2    of service of the order.
3    (e) Whenever a person who has been convicted of an offense
4is granted a pardon by the Governor which specifically
5authorizes expungement, he or she may, upon verified petition
6to the Chief Judge of the circuit where the person had been
7convicted, any judge of the circuit designated by the Chief
8Judge, or in counties of less than 3,000,000 inhabitants, the
9presiding trial judge at the defendant's trial, have a court
10order entered expunging the record of arrest from the official
11records of the arresting authority and order that the records
12of the circuit court clerk and the Department be sealed until
13further order of the court upon good cause shown or as
14otherwise provided herein, and the name of the defendant
15obliterated from the official index requested to be kept by the
16circuit court clerk under Section 16 of the Clerks of Courts
17Act in connection with the arrest and conviction for the
18offense for which he or she had been pardoned but the order
19shall not affect any index issued by the circuit court clerk
20before the entry of the order. All records sealed by the
21Department may be disseminated by the Department only to the
22arresting authority, the State's Attorney, and the court upon a
23later arrest for the same or similar offense or for the purpose
24of sentencing for any subsequent felony. Upon conviction for
25any subsequent offense, the Department of Corrections shall
26have access to all sealed records of the Department pertaining

 

 

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

 

 

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1of sentencing for any subsequent felony. Upon conviction for
2any subsequent offense, the Department of Corrections shall
3have access to all sealed records of the Department pertaining
4to that individual. Upon entry of the order of sealing, the
5circuit court clerk shall promptly mail a copy of the order to
6the person who was granted the certificate of eligibility for
7sealing.
8    (f) Subject to available funding, the Illinois Department
9of Corrections shall conduct a study of the impact of sealing,
10especially on employment and recidivism rates, utilizing a
11random sample of those who apply for the sealing of their
12criminal records under Public Act 93-211. At the request of the
13Illinois Department of Corrections, records of the Illinois
14Department of Employment Security shall be utilized as
15appropriate to assist in the study. The study shall not
16disclose any data in a manner that would allow the
17identification of any particular individual or employing unit.
18The study shall be made available to the General Assembly no
19later than September 1, 2010.
20(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
2196-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
227-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
23eff. 8-19-11; 97-698, eff. 1-1-13; 97-1026, eff. 1-1-13;
2497-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1118, eff.
251-1-13; 97-1120, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 

 

 

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1    Section 10. The Criminal Code of 2012 is amended by
2changing Section 11-14 as follows:
 
3    (720 ILCS 5/11-14)  (from Ch. 38, par. 11-14)
4    Sec. 11-14. Prostitution.
5    (a) Any person who knowingly performs, offers or agrees to
6perform any act of sexual penetration as defined in Section
711-0.1 of this Code for anything of value, or any touching or
8fondling of the sex organs of one person by another person, for
9anything of value, for the purpose of sexual arousal or
10gratification commits an act of prostitution.
11    (b) Sentence.
12    A violation of this Section is a Class A misdemeanor,
13unless committed within 1,000 feet of real property comprising
14a school, in which case it is a Class 4 felony. A second or
15subsequent violation of this Section, or any combination of
16convictions under this Section and Section 11-14.1
17(solicitation of a sexual act), 11-14.3 (promoting
18prostitution), 11-14.4 (promoting juvenile prostitution),
1911-15 (soliciting for a prostitute), 11-15.1 (soliciting for a
20juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
21place of prostitution), 11-17.1 (keeping a place of juvenile
22prostitution), 11-18 (patronizing a prostitute), 11-18.1
23(patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1
24(juvenile pimping or aggravated juvenile pimping), or 11-19.2
25(exploitation of a child), is a Class 4 felony.

 

 

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1    (c) First offender; felony prostitution.
2        (1) Whenever any person who has not previously been
3    convicted of or placed on probation for felony prostitution
4    or any law of the United States or of any other state
5    relating to felony prostitution pleads guilty to or is
6    found guilty of felony prostitution, the court, without
7    entering a judgment and with the consent of such person,
8    may sentence the person to probation.
9        (2) When a person is placed on probation, the court
10    shall enter an order specifying a period of probation of 24
11    months and shall defer further proceedings in the case
12    until the conclusion of the period or until the filing of a
13    petition alleging violation of a term or condition of
14    probation.
15        (3) The conditions of probation shall be that the
16    person: (i) not violate any criminal statute of any
17    jurisdiction; (ii) refrain from possessing a firearm or
18    other dangerous weapon; (iii) submit to periodic drug
19    testing at a time and in a manner as ordered by the court,
20    but no less than 3 times during the period of the
21    probation, with the cost of the testing to be paid by the
22    probationer; and (iv) perform no less than 30 hours of
23    community service, provided community service is available
24    in the jurisdiction and is funded and approved by the
25    county board.
26        (4) The court may, in addition to other conditions,

 

 

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1    require that the person:
2            (A) make a report to and appear in person before or
3        participate with the court or such courts, person, or
4        social service agency as directed by the court in the
5        order of probation;
6            (B) pay a fine and costs;
7            (C) work or pursue a course of study or vocational
8        training;
9            (D) undergo medical or psychiatric treatment; or
10        treatment or rehabilitation by a provider approved by
11        the Illinois Department of Human Services;
12            (E) attend or reside in a facility established for
13        the instruction or residence of defendants on
14        probation;
15            (F) support his or her dependents;
16            (G) refrain from having in his or her body the
17        presence of any illicit drug prohibited by the Cannabis
18        Control Act or the Illinois Controlled Substances Act,
19        unless prescribed by a physician, and submit samples of
20        his or her blood or urine or both for tests to
21        determine the presence of any illicit drug.
22        (5) Upon violation of a term or condition of probation,
23    the court may enter a judgment on its original finding of
24    guilt and proceed as otherwise provided.
25        (6) Upon fulfillment of the terms and conditions of
26    probation, the court shall discharge the person and dismiss

 

 

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1    the proceedings against him or her.
2        (7) A disposition of probation is considered to be a
3    conviction for the purposes of imposing the conditions of
4    probation and for appeal, however, discharge and dismissal
5    under this subsection is not a conviction for purposes of
6    this Code or for purposes of disqualifications or
7    disabilities imposed by law upon conviction of a crime.
8        (8) There may be only one discharge and dismissal under
9    this Section, Section 410 of the Illinois Controlled
10    Substances Act, Section 70 of the Methamphetamine Control
11    and Community Protection Act, Section 10 of the Cannabis
12    Control Act, or Section 5-6-3.3 or 5-6-3.4 of the Unified
13    Code of Corrections.
14        (9) If a person is convicted of prostitution within 5
15    years subsequent to a discharge and dismissal under this
16    subsection, the discharge and dismissal under this
17    subsection shall be admissible in the sentencing
18    proceeding for that conviction as evidence in aggravation.
19    (d) Notwithstanding the foregoing, if it is determined,
20after a reasonable detention for investigative purposes, that a
21person suspected of or charged with a violation of this Section
22is a person under the age of 18, that person shall be immune
23from prosecution for a prostitution offense under this Section,
24and shall be subject to the temporary protective custody
25provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of
261987. Pursuant to the provisions of Section 2-6 of the Juvenile

 

 

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1Court Act of 1987, a law enforcement officer who takes a person
2under 18 years of age into custody under this Section shall
3immediately report an allegation of a violation of Section 10-9
4of this Code to the Illinois Department of Children and Family
5Services State Central Register, which shall commence an
6initial investigation into child abuse or child neglect within
724 hours pursuant to Section 7.4 of the Abused and Neglected
8Child Reporting Act.
9(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
1097-1118, eff. 1-1-13.)
 
11    Section 15. The Cannabis Control Act is amended by changing
12Section 10 as follows:
 
13    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
14    Sec. 10. (a) Whenever any person who has not previously
15been convicted of, or placed on probation or court supervision
16for, any offense under this Act or any law of the United States
17or of any State relating to cannabis, or controlled substances
18as defined in the Illinois Controlled Substances Act, pleads
19guilty to or is found guilty of violating Sections 4(a), 4(b),
204(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
21entering a judgment and with the consent of such person,
22sentence him to probation.
23    (b) When a person is placed on probation, the court shall
24enter an order specifying a period of probation of 24 months,

 

 

HB3010 Engrossed- 32 -LRB098 07870 RLC 41597 b

1and shall defer further proceedings in the case until the
2conclusion of the period or until the filing of a petition
3alleging violation of a term or condition of probation.
4    (c) The conditions of probation shall be that the person:
5(1) not violate any criminal statute of any jurisdiction; (2)
6refrain from possession of a firearm or other dangerous weapon;
7(3) submit to periodic drug testing at a time and in a manner
8as ordered by the court, but no less than 3 times during the
9period of the probation, with the cost of the testing to be
10paid by the probationer; and (4) perform no less than 30 hours
11of community service, provided community service is available
12in the jurisdiction and is funded and approved by the county
13board.
14    (d) The court may, in addition to other conditions, require
15that the person:
16        (1) make a report to and appear in person before or
17    participate with the court or such courts, person, or
18    social service agency as directed by the court in the order
19    of probation;
20        (2) pay a fine and costs;
21        (3) work or pursue a course of study or vocational
22    training;
23        (4) undergo medical or psychiatric treatment; or
24    treatment for drug addiction or alcoholism;
25        (5) attend or reside in a facility established for the
26    instruction or residence of defendants on probation;

 

 

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1        (6) support his dependents;
2        (7) refrain from possessing a firearm or other
3    dangerous weapon;
4        (7-5) refrain from having in his or her body the
5    presence of any illicit drug prohibited by the Cannabis
6    Control Act, the Illinois Controlled Substances Act, or the
7    Methamphetamine Control and Community Protection Act,
8    unless prescribed by a physician, and submit samples of his
9    or her blood or urine or both for tests to determine the
10    presence of any illicit drug;
11        (8) and in addition, if a minor:
12            (i) reside with his parents or in a foster home;
13            (ii) attend school;
14            (iii) attend a non-residential program for youth;
15            (iv) contribute to his own support at home or in a
16        foster home.
17    (e) Upon violation of a term or condition of probation, the
18court may enter a judgment on its original finding of guilt and
19proceed as otherwise provided.
20    (f) Upon fulfillment of the terms and conditions of
21probation, the court shall discharge such person and dismiss
22the proceedings against him.
23    (g) A disposition of probation is considered to be a
24conviction for the purposes of imposing the conditions of
25probation and for appeal, however, discharge and dismissal
26under this Section is not a conviction for purposes of

 

 

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1disqualification or disabilities imposed by law upon
2conviction of a crime (including the additional penalty imposed
3for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
4of this Act).
5    (h) Discharge and dismissal under this Section, Section 410
6of the Illinois Controlled Substances Act, Section 70 of the
7Methamphetamine Control and Community Protection Act, Section
85-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
9subsection (c) of Section 11-14 of the Criminal Code of 1961 or
10the Criminal Code of 2012 may occur only once with respect to
11any person.
12    (i) If a person is convicted of an offense under this Act,
13the Illinois Controlled Substances Act, or the Methamphetamine
14Control and Community Protection Act within 5 years subsequent
15to a discharge and dismissal under this Section, the discharge
16and dismissal under this Section shall be admissible in the
17sentencing proceeding for that conviction as a factor in
18aggravation.
19(Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
20    Section 20. The Illinois Controlled Substances Act is
21amended by changing Section 410 as follows:
 
22    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
23    Sec. 410. (a) Whenever any person who has not previously
24been convicted of, or placed on probation or court supervision

 

 

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1for any offense under this Act or any law of the United States
2or of any State relating to cannabis or controlled substances,
3pleads guilty to or is found guilty of possession of a
4controlled or counterfeit substance under subsection (c) of
5Section 402 or of unauthorized possession of prescription form
6under Section 406.2, the court, without entering a judgment and
7with the consent of such person, may sentence him or her to
8probation.
9    (b) When a person is placed on probation, the court shall
10enter an order specifying a period of probation of 24 months
11and shall defer further proceedings in the case until the
12conclusion of the period or until the filing of a petition
13alleging violation of a term or condition of probation.
14    (c) The conditions of probation shall be that the person:
15(1) not violate any criminal statute of any jurisdiction; (2)
16refrain from possessing a firearm or other dangerous weapon;
17(3) submit to periodic drug testing at a time and in a manner
18as ordered by the court, but no less than 3 times during the
19period of the probation, with the cost of the testing to be
20paid by the probationer; and (4) perform no less than 30 hours
21of community service, provided community service is available
22in the jurisdiction and is funded and approved by the county
23board.
24    (d) The court may, in addition to other conditions, require
25that the person:
26        (1) make a report to and appear in person before or

 

 

HB3010 Engrossed- 36 -LRB098 07870 RLC 41597 b

1    participate with the court or such courts, person, or
2    social service agency as directed by the court in the order
3    of probation;
4        (2) pay a fine and costs;
5        (3) work or pursue a course of study or vocational
6    training;
7        (4) undergo medical or psychiatric treatment; or
8    treatment or rehabilitation approved by the Illinois
9    Department of Human Services;
10        (5) attend or reside in a facility established for the
11    instruction or residence of defendants on probation;
12        (6) support his or her dependents;
13        (6-5) refrain from having in his or her body the
14    presence of any illicit drug prohibited by the Cannabis
15    Control Act, the Illinois Controlled Substances Act, or the
16    Methamphetamine Control and Community Protection Act,
17    unless prescribed by a physician, and submit samples of his
18    or her blood or urine or both for tests to determine the
19    presence of any illicit drug;
20        (7) and in addition, if a minor:
21            (i) reside with his or her parents or in a foster
22        home;
23            (ii) attend school;
24            (iii) attend a non-residential program for youth;
25            (iv) contribute to his or her own support at home
26        or in a foster home.

 

 

HB3010 Engrossed- 37 -LRB098 07870 RLC 41597 b

1    (e) Upon violation of a term or condition of probation, the
2court may enter a judgment on its original finding of guilt and
3proceed as otherwise provided.
4    (f) Upon fulfillment of the terms and conditions of
5probation, the court shall discharge the person and dismiss the
6proceedings against him or her.
7    (g) A disposition of probation is considered to be a
8conviction for the purposes of imposing the conditions of
9probation and for appeal, however, discharge and dismissal
10under this Section is not a conviction for purposes of this Act
11or for purposes of disqualifications or disabilities imposed by
12law upon conviction of a crime.
13    (h) There may be only one discharge and dismissal under
14this Section, Section 10 of the Cannabis Control Act, Section
1570 of the Methamphetamine Control and Community Protection Act,
16Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
17or subsection (c) of Section 11-14 of the Criminal Code of 1961
18or the Criminal Code of 2012 with respect to any person.
19    (i) If a person is convicted of an offense under this Act,
20the Cannabis Control Act, or the Methamphetamine Control and
21Community Protection Act within 5 years subsequent to a
22discharge and dismissal under this Section, the discharge and
23dismissal under this Section shall be admissible in the
24sentencing proceeding for that conviction as evidence in
25aggravation.
26(Source: P.A. 97-334, eff. 1-1-12; 97-1118, eff. 1-1-13;

 

 

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197-1150, eff. 1-25-13.)
 
2    Section 25. The Methamphetamine Control and Community
3Protection Act is amended by changing Section 70 as follows:
 
4    (720 ILCS 646/70)
5    Sec. 70. Probation.
6    (a) Whenever any person who has not previously been
7convicted of, or placed on probation or court supervision for
8any offense under this Act, the Illinois Controlled Substances
9Act, the Cannabis Control Act, or any law of the United States
10or of any state relating to cannabis or controlled substances,
11pleads guilty to or is found guilty of possession of less than
1215 grams of methamphetamine under paragraph (1) or (2) of
13subsection (b) of Section 60 of this Act, the court, without
14entering a judgment and with the consent of the person, may
15sentence him or her to probation.
16    (b) When a person is placed on probation, the court shall
17enter an order specifying a period of probation of 24 months
18and shall defer further proceedings in the case until the
19conclusion of the period or until the filing of a petition
20alleging violation of a term or condition of probation.
21    (c) The conditions of probation shall be that the person:
22        (1) not violate any criminal statute of any
23    jurisdiction;
24        (2) refrain from possessing a firearm or other

 

 

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1    dangerous weapon;
2        (3) submit to periodic drug testing at a time and in a
3    manner as ordered by the court, but no less than 3 times
4    during the period of the probation, with the cost of the
5    testing to be paid by the probationer; and
6        (4) perform no less than 30 hours of community service,
7    if community service is available in the jurisdiction and
8    is funded and approved by the county board.
9    (d) The court may, in addition to other conditions, require
10that the person take one or more of the following actions:
11        (1) make a report to and appear in person before or
12    participate with the court or such courts, person, or
13    social service agency as directed by the court in the order
14    of probation;
15        (2) pay a fine and costs;
16        (3) work or pursue a course of study or vocational
17    training;
18        (4) undergo medical or psychiatric treatment; or
19    treatment or rehabilitation approved by the Illinois
20    Department of Human Services;
21        (5) attend or reside in a facility established for the
22    instruction or residence of defendants on probation;
23        (6) support his or her dependents;
24        (7) refrain from having in his or her body the presence
25    of any illicit drug prohibited by this Act, the Cannabis
26    Control Act, or the Illinois Controlled Substances Act,

 

 

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1    unless prescribed by a physician, and submit samples of his
2    or her blood or urine or both for tests to determine the
3    presence of any illicit drug; or
4        (8) if a minor:
5            (i) reside with his or her parents or in a foster
6        home;
7            (ii) attend school;
8            (iii) attend a non-residential program for youth;
9        or
10            (iv) contribute to his or her own support at home
11        or in a foster home.
12    (e) Upon violation of a term or condition of probation, the
13court may enter a judgment on its original finding of guilt and
14proceed as otherwise provided.
15    (f) Upon fulfillment of the terms and conditions of
16probation, the court shall discharge the person and dismiss the
17proceedings against the person.
18    (g) A disposition of probation is considered to be a
19conviction for the purposes of imposing the conditions of
20probation and for appeal, however, discharge and dismissal
21under this Section is not a conviction for purposes of this Act
22or for purposes of disqualifications or disabilities imposed by
23law upon conviction of a crime.
24    (h) There may be only one discharge and dismissal under
25this Section, Section 410 of the Illinois Controlled Substances
26Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or

 

 

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15-6-3.4 of the Unified Code of Corrections, or subsection (c)
2of Section 11-14 of the Criminal Code of 1961 or the Criminal
3Code of 2012 with respect to any person.
4    (i) If a person is convicted of an offense under this Act,
5the Cannabis Control Act, or the Illinois Controlled Substances
6Act within 5 years subsequent to a discharge and dismissal
7under this Section, the discharge and dismissal under this
8Section are admissible in the sentencing proceeding for that
9conviction as evidence in aggravation.
10(Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
11    Section 30. The Unified Code of Corrections is amended by
12adding Section 5-6-3.4 as follows:
 
13    (730 ILCS 5/5-6-3.4 new)
14    Sec. 5-6-3.4. Second Chance Probation.
15    (a) Whenever any person who has not previously been
16convicted of, or placed on probation or conditional discharge
17for, any felony offense under the laws of this State, the laws
18of any other state, or the laws of the United States, including
19probation under Section 410 of the Illinois Controlled
20Substances Act, Section 70 of the Methamphetamine Control and
21Community Protection Act, Section 10 of the Cannabis Control
22Act, subsection (c) of Section 11-14 of the Criminal Code of
232012, Treatment Alternatives for Criminal Justice Clients
24(TASC) under Article 40 of the Alcoholism and Other Drug Abuse

 

 

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1and Dependency Act, or prior successful completion of the
2Offender Initiative Program under Section 5-6-3.3 of this Code,
3and pleads guilty to, or is found guilty of, a probationable
4felony offense of possession of a controlled substance that is
5punishable as a Class 4 felony; possession of methamphetamine
6that is punishable as a Class 4 felony; theft that is
7punishable as a Class 3 felony based on the value of the
8property or punishable as a Class 4 felony if the theft was
9committed in a school or place of worship or if the theft was
10of governmental property; retail theft that is punishable as a
11Class 3 felony based on the value of the property; criminal
12damage to property that is punishable as a Class 4 felony;
13criminal damage to government supported property that is
14punishable as a Class 4 felony; deceptive practices; forgery;
15possession of cannabis which is punishable as a Class 4 felony;
16or possession or use of another's credit or debit card, the
17court, with the consent of the defendant and the State's
18Attorney, may, without entering a judgment, sentence the
19defendant to probation under this Section.
20    (a-1) Exemptions. A defendant is not eligible for this
21probation if the offense he or she pleads guilty to, or is
22found guilty of, is a violent offense, or he or she has
23previously been convicted of a violent offense. For purposes of
24this probation, a "violent offense" is any offense where bodily
25harm was inflicted or where force was used against any person
26or threatened against any person, any offense involving sexual

 

 

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1conduct, sexual penetration, or sexual exploitation, any
2offense of domestic violence, domestic battery, violation of an
3order of protection, stalking, hate crime, driving under the
4influence of drugs or alcohol, and any offense involving the
5possession of a firearm or dangerous weapon. A defendant shall
6not be eligible for this probation if he or she has previously
7been adjudicated a delinquent minor for the commission of a
8violent offense as defined in this subsection.
9    (b) When a defendant is placed on probation, the court
10shall enter an order specifying a period of probation of not
11less than 24 months and shall defer further proceedings in the
12case until the conclusion of the period or until the filing of
13a petition alleging violation of a term or condition of
14probation.
15    (c) The conditions of probation shall be that the
16defendant:
17        (1) not violate any criminal statute of this State or
18    any other jurisdiction;
19        (2) refrain from possessing a firearm or other
20    dangerous weapon;
21        (3) make full restitution to the victim or property
22    owner under Section 5-5-6 of this Code;
23        (4) obtain employment or perform not less than 30 hours
24    of community service, provided community service is
25    available in the county and is funded and approved by the
26    county board;

 

 

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1        (5) pay fines and costs;
2        (6) attend educational courses designed to prepare the
3    defendant for obtaining a high school diploma or to work
4    toward passing the high school level test of General
5    Educational Development (G.E.D.) or to work toward
6    completing a vocational training program;
7        (7) submit to periodic drug testing at a time and in a
8    manner as ordered by the court, but no less than 3 times
9    during the period of probation, with the cost of the
10    testing to be paid by the defendant; and
11        (8) perform a minimum of 30 hours of community service.
12    (d) The court may, in addition to other conditions, require
13that the defendant:
14        (1) make a report to and appear in person before or
15    participate with the court or such courts, person, or
16    social service agency as directed by the court in the order
17    of probation;
18        (2) undergo medical or psychiatric treatment, or
19    treatment or rehabilitation approved by the Illinois
20    Department of Human Services;
21        (3) attend or reside in a facility established for the
22    instruction or residence of defendants on probation;
23        (4) support his or her dependents; or
24        (5) refrain from having in his or her body the presence
25    of any illicit drug prohibited by the Methamphetamine
26    Control and Community Protection Act, the Cannabis Control

 

 

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1    Act, or the Illinois Controlled Substances Act, unless
2    prescribed by a physician, and submit samples of his or her
3    blood or urine or both for tests to determine the presence
4    of any illicit drug.
5    (e) Upon violation of a term or condition of probation, the
6court may enter a judgment on its original finding of guilt and
7proceed as otherwise provided by law.
8    (f) Upon fulfillment of the terms and conditions of
9probation, the court shall discharge the person and dismiss the
10proceedings against the person.
11    (g) A disposition of probation is considered to be a
12conviction for the purposes of imposing the conditions of
13probation and for appeal; however, a discharge and dismissal
14under this Section is not a conviction for purposes of this
15Code or for purposes of disqualifications or disabilities
16imposed by law upon conviction of a crime.
17    (h) There may be only one discharge and dismissal under
18this Section, Section 410 of the Illinois Controlled Substances
19Act, Section 70 of the Methamphetamine Control and Community
20Protection Act, Section 10 of the Cannabis Control Act,
21Treatment Alternatives for Criminal Justice Clients (TASC)
22under Article 40 of the Alcoholism and Other Drug Abuse and
23Dependency Act, the Offender Initiative Program under Section
245-6-3.3 of this Code, and subsection (c) of Section 11-14 of
25the Criminal Code of 2012 with respect to any person.
26    (i) If a person is convicted of any offense which occurred

 

 

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1within 5 years subsequent to a discharge and dismissal under
2this Section, the discharge and dismissal under this Section
3shall be admissible in the sentencing proceeding for that
4conviction as evidence in aggravation.

 

 

HB3010 Engrossed- 47 -LRB098 07870 RLC 41597 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2630/5.2
4    720 ILCS 5/11-14from Ch. 38, par. 11-14
5    720 ILCS 550/10from Ch. 56 1/2, par. 710
6    720 ILCS 570/410from Ch. 56 1/2, par. 1410
7    720 ILCS 646/70
8    730 ILCS 5/5-6-3.4 new