Full Text of SB1409 100th General Assembly
SB1409eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Identification Act is amended by | 5 | | changing Section 5.2 as follows:
| 6 | | (20 ILCS 2630/5.2)
| 7 | | Sec. 5.2. Expungement and sealing. | 8 | | (a) General Provisions. | 9 | | (1) Definitions. In this Act, words and phrases have
| 10 | | the meanings set forth in this subsection, except when a
| 11 | | particular context clearly requires a different meaning. | 12 | | (A) The following terms shall have the meanings | 13 | | ascribed to them in the Unified Code of Corrections, | 14 | | 730 ILCS 5/5-1-2 through 5/5-1-22: | 15 | | (i) Business Offense (730 ILCS 5/5-1-2), | 16 | | (ii) Charge (730 ILCS 5/5-1-3), | 17 | | (iii) Court (730 ILCS 5/5-1-6), | 18 | | (iv) Defendant (730 ILCS 5/5-1-7), | 19 | | (v) Felony (730 ILCS 5/5-1-9), | 20 | | (vi) Imprisonment (730 ILCS 5/5-1-10), | 21 | | (vii) Judgment (730 ILCS 5/5-1-12), | 22 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), | 23 | | (ix) Offense (730 ILCS 5/5-1-15), |
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| 1 | | (x) Parole (730 ILCS 5/5-1-16), | 2 | | (xi) Petty Offense (730 ILCS 5/5-1-17), | 3 | | (xii) Probation (730 ILCS 5/5-1-18), | 4 | | (xiii) Sentence (730 ILCS 5/5-1-19), | 5 | | (xiv) Supervision (730 ILCS 5/5-1-21), and | 6 | | (xv) Victim (730 ILCS 5/5-1-22). | 7 | | (B) As used in this Section, "charge not initiated | 8 | | by arrest" means a charge (as defined by 730 ILCS | 9 | | 5/5-1-3) brought against a defendant where the | 10 | | defendant is not arrested prior to or as a direct | 11 | | result of the charge. | 12 | | (C) "Conviction" means a judgment of conviction or | 13 | | sentence entered upon a plea of guilty or upon a | 14 | | verdict or finding of guilty of an offense, rendered by | 15 | | a legally constituted jury or by a court of competent | 16 | | jurisdiction authorized to try the case without a jury. | 17 | | An order of supervision successfully completed by the | 18 | | petitioner is not a conviction. An order of qualified | 19 | | probation (as defined in subsection (a)(1)(J)) | 20 | | successfully completed by the petitioner is not a | 21 | | conviction. An order of supervision or an order of | 22 | | qualified probation that is terminated | 23 | | unsatisfactorily is a conviction, unless the | 24 | | unsatisfactory termination is reversed, vacated, or | 25 | | modified and the judgment of conviction, if any, is | 26 | | reversed or vacated. |
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| 1 | | (D) "Criminal offense" means a petty offense, | 2 | | business offense, misdemeanor, felony, or municipal | 3 | | ordinance violation (as defined in subsection | 4 | | (a)(1)(H)). As used in this Section, a minor traffic | 5 | | offense (as defined in subsection (a)(1)(G)) shall not | 6 | | be considered a criminal offense. | 7 | | (E) "Expunge" means to physically destroy the | 8 | | records or return them to the petitioner and to | 9 | | obliterate the petitioner's name from any official | 10 | | index or public record, or both. Nothing in this Act | 11 | | shall require the physical destruction of the circuit | 12 | | court file, but such records relating to arrests or | 13 | | charges, or both, ordered expunged shall be impounded | 14 | | as required by subsections (d)(9)(A)(ii) and | 15 | | (d)(9)(B)(ii). | 16 | | (F) As used in this Section, "last sentence" means | 17 | | the sentence, order of supervision, or order of | 18 | | qualified probation (as defined by subsection | 19 | | (a)(1)(J)), for a criminal offense (as defined by | 20 | | subsection (a)(1)(D)) that terminates last in time in | 21 | | any jurisdiction, regardless of whether the petitioner | 22 | | has included the criminal offense for which the | 23 | | sentence or order of supervision or qualified | 24 | | probation was imposed in his or her petition. If | 25 | | multiple sentences, orders of supervision, or orders | 26 | | of qualified probation terminate on the same day and |
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| 1 | | are last in time, they shall be collectively considered | 2 | | the "last sentence" regardless of whether they were | 3 | | ordered to run concurrently. | 4 | | (G) "Minor traffic offense" means a petty offense, | 5 | | business offense, or Class C misdemeanor under the | 6 | | Illinois Vehicle Code or a similar provision of a | 7 | | municipal or local ordinance. | 8 | | (H) "Municipal ordinance violation" means an | 9 | | offense defined by a municipal or local ordinance that | 10 | | is criminal in nature and with which the petitioner was | 11 | | charged or for which the petitioner was arrested and | 12 | | released without charging. | 13 | | (I) "Petitioner" means an adult or a minor | 14 | | prosecuted as an
adult who has applied for relief under | 15 | | this Section. | 16 | | (J) "Qualified probation" means an order of | 17 | | probation under Section 10 of the Cannabis Control Act, | 18 | | Section 410 of the Illinois Controlled Substances Act, | 19 | | Section 70 of the Methamphetamine Control and | 20 | | Community Protection Act, Section 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 | | (2.5) Commencing 180 days after July 29, 2016 ( the | 7 | | effective date of Public Act 99-697) this amendatory Act of | 8 | | the 99th General Assembly , the law enforcement agency | 9 | | issuing the citation shall automatically expunge, on or | 10 | | before January 1 and July 1 of each year, the law | 11 | | enforcement records of a person found to have committed a | 12 | | civil law violation of subsection (a) of Section 4 of the | 13 | | Cannabis Control Act or subsection (c) of Section 3.5 of | 14 | | the Drug Paraphernalia Control Act in the law enforcement | 15 | | agency's possession or control and which contains the final | 16 | | satisfactory disposition which pertain to the person | 17 | | issued a citation for that offense.
The law enforcement | 18 | | agency shall provide by rule the process for access, | 19 | | review, and to confirm the automatic expungement by the law | 20 | | enforcement agency issuing the citation.
Commencing 180 | 21 | | days after July 29, 2016 ( the effective date of Public Act | 22 | | 99-697) this amendatory Act of the 99th General Assembly , | 23 | | the clerk of the circuit court shall expunge, upon order of | 24 | | the court, or in the absence of a court order on or before | 25 | | January 1 and July 1 of each year, the court records of a | 26 | | person found in the circuit court to have committed a civil |
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| 1 | | law violation of subsection (a) of Section 4 of the | 2 | | Cannabis Control Act or subsection (c) of Section 3.5 of | 3 | | the Drug Paraphernalia Control Act in the clerk's | 4 | | possession or control and which contains the final | 5 | | satisfactory disposition which pertain to the person | 6 | | issued a citation for any of those offenses. | 7 | | (3) Exclusions. Except as otherwise provided in | 8 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | 9 | | of this Section, the court shall not order: | 10 | | (A) the sealing or expungement of the records of | 11 | | arrests or charges not initiated by arrest that result | 12 | | in an order of supervision for or conviction of:
(i) | 13 | | any sexual offense committed against a
minor; (ii) | 14 | | Section 11-501 of the Illinois Vehicle Code or a | 15 | | similar provision of a local ordinance; or (iii) | 16 | | Section 11-503 of the Illinois Vehicle Code or a | 17 | | similar provision of a local ordinance, unless the | 18 | | arrest or charge is for a misdemeanor violation of | 19 | | subsection (a) of Section 11-503 or a similar provision | 20 | | of a local ordinance, that occurred prior to the | 21 | | offender reaching the age of 25 years and the offender | 22 | | has no other conviction for violating Section 11-501 or | 23 | | 11-503 of the Illinois Vehicle Code or a similar | 24 | | provision of a local ordinance. | 25 | | (B) the sealing or expungement of records of minor | 26 | | traffic offenses (as defined in subsection (a)(1)(G)), |
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| 1 | | unless the petitioner was arrested and released | 2 | | without charging. | 3 | | (C) the sealing of the records of arrests or | 4 | | charges not initiated by arrest which result in an | 5 | | order of supervision or a conviction for the following | 6 | | 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) Sections 12-3.1 or 12-3.2 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012, | 19 | | or Section 125 of the Stalking No Contact Order | 20 | | Act, or Section 219 of the Civil No Contact Order | 21 | | Act, or a similar provision of a local ordinance; | 22 | | (iv) offenses which are Class A misdemeanors | 23 | | under the Humane Care for Animals Act; or | 24 | | (v) any offense or attempted offense that | 25 | | would subject a person to registration under the | 26 | | Sex Offender Registration Act ; or . |
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| 1 | | (vi) Section 16-1.3, 12-21, 16G-20, 12-4.4a, | 2 | | or 17-56 or paragraph (1) of subsection (b) of | 3 | | Section 16-30 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012 or a similar provision of a | 5 | | local ordinance. | 6 | | (D) the sealing of the records of an arrest which | 7 | | results in
the petitioner being charged with a felony | 8 | | offense or records of a charge not initiated by arrest | 9 | | for a felony offense unless: | 10 | | (i) the charge is amended to a misdemeanor and | 11 | | is otherwise
eligible to be sealed pursuant to | 12 | | subsection (c); | 13 | | (ii) the charge is brought along with another | 14 | | charge as a part of one case and the charge results | 15 | | in acquittal, dismissal, or conviction when the | 16 | | conviction was reversed or vacated, and another | 17 | | charge brought in the same case results in a | 18 | | disposition for a misdemeanor offense that is | 19 | | eligible to be sealed pursuant to subsection (c) or | 20 | | a disposition listed in paragraph (i), (iii), or | 21 | | (iv) of this subsection; | 22 | | (iii) the charge results in first offender | 23 | | probation as set forth in subsection (c)(2)(E); | 24 | | (iv) the charge is for a felony offense listed | 25 | | in subsection (c)(2)(F) or the charge is amended to | 26 | | a felony offense listed in subsection (c)(2)(F); |
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| 1 | | (v) the charge results in acquittal, | 2 | | dismissal, or the petitioner's release without | 3 | | conviction; or | 4 | | (vi) the charge results in a conviction, but | 5 | | the conviction was reversed or vacated. | 6 | | (b) Expungement. | 7 | | (1) A petitioner may petition the circuit court to | 8 | | expunge the
records of his or her arrests and charges not | 9 | | initiated by arrest when each arrest or charge not | 10 | | initiated by arrest
sought to be expunged resulted in:
(i) | 11 | | acquittal, dismissal, or the petitioner's release without | 12 | | charging, unless excluded by subsection (a)(3)(B);
(ii) a | 13 | | conviction which was vacated or reversed, unless excluded | 14 | | by subsection (a)(3)(B);
(iii) an order of supervision and | 15 | | such supervision was successfully completed by the | 16 | | petitioner, unless excluded by subsection (a)(3)(A) or | 17 | | (a)(3)(B); or
(iv) an order of qualified probation (as | 18 | | defined in subsection (a)(1)(J)) and such probation was | 19 | | successfully completed by the petitioner. | 20 | | (1.5) When a petitioner seeks to have a record of | 21 | | arrest expunged under this Section, and the offender has | 22 | | been convicted of a criminal offense, the State's Attorney | 23 | | may object to the expungement on the grounds that the | 24 | | records contain specific relevant information aside from | 25 | | the mere fact of the arrest. | 26 | | (2) Time frame for filing a petition to expunge. |
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| 1 | | (A) When the arrest or charge not initiated by | 2 | | arrest sought to be expunged resulted in an acquittal, | 3 | | dismissal, the petitioner's release without charging, | 4 | | or the reversal or vacation of a conviction, there is | 5 | | no waiting period to petition for the expungement of | 6 | | such records. | 7 | | (B) When the arrest or charge not initiated by | 8 | | arrest
sought to be expunged resulted in an order of | 9 | | supervision, successfully
completed by the petitioner, | 10 | | the following time frames will apply: | 11 | | (i) Those arrests or charges that resulted in | 12 | | orders of
supervision under Section 3-707, 3-708, | 13 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | 14 | | similar provision of a local ordinance, or under | 15 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | 16 | | Code of 1961 or the Criminal Code of 2012, or a | 17 | | similar provision of a local ordinance, shall not | 18 | | be eligible for expungement until 5 years have | 19 | | passed following the satisfactory termination of | 20 | | the supervision. | 21 | | (i-5) Those arrests or charges that resulted | 22 | | in orders of supervision for a misdemeanor | 23 | | violation of subsection (a) of Section 11-503 of | 24 | | the Illinois Vehicle Code or a similar provision of | 25 | | a local ordinance, that occurred prior to the | 26 | | offender reaching the age of 25 years and the |
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| 1 | | offender has no other conviction for violating | 2 | | Section 11-501 or 11-503 of the Illinois Vehicle | 3 | | Code or a similar provision of a local ordinance | 4 | | shall not be eligible for expungement until the | 5 | | petitioner has reached the age of 25 years. | 6 | | (ii) Those arrests or charges that resulted in | 7 | | orders
of supervision for any other offenses shall | 8 | | not be
eligible for expungement until 2 years have | 9 | | passed
following the satisfactory termination of | 10 | | the supervision. | 11 | | (C) When the arrest or charge not initiated by | 12 | | arrest sought to
be expunged resulted in an order of | 13 | | qualified probation, successfully
completed by the | 14 | | petitioner, such records shall not be eligible for
| 15 | | expungement until 5 years have passed following the | 16 | | satisfactory
termination of the probation. | 17 | | (3) Those records maintained by the Department for
| 18 | | persons arrested prior to their 17th birthday shall be
| 19 | | expunged as provided in Section 5-915 of the Juvenile Court
| 20 | | Act of 1987. | 21 | | (4) Whenever a person has been arrested for or | 22 | | convicted of any
offense, in the name of a person whose | 23 | | identity he or she has stolen or otherwise
come into | 24 | | possession of, the aggrieved person from whom the identity
| 25 | | was stolen or otherwise obtained without authorization,
| 26 | | upon learning of the person having been arrested using his
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| 1 | | or her identity, may, upon verified petition to the chief | 2 | | judge of
the circuit wherein the arrest was made, have a | 3 | | court order
entered nunc pro tunc by the Chief Judge to | 4 | | correct the
arrest record, conviction record, if any, and | 5 | | all official
records of the arresting authority, the | 6 | | Department, other
criminal justice agencies, the | 7 | | prosecutor, and the trial
court concerning such arrest, if | 8 | | any, by removing his or her name
from all such records in | 9 | | connection with the arrest and
conviction, if any, and by | 10 | | inserting in the records the
name of the offender, if known | 11 | | or ascertainable, in lieu of
the aggrieved's name. The | 12 | | records of the circuit court clerk shall be sealed until | 13 | | further order of
the court upon good cause shown and the | 14 | | name of the
aggrieved person obliterated on the official | 15 | | index
required to be kept by the circuit court clerk under
| 16 | | Section 16 of the Clerks of Courts Act, but the order shall
| 17 | | not affect any index issued by the circuit court clerk
| 18 | | before the entry of the order. Nothing in this Section
| 19 | | shall limit the Department of State Police or other
| 20 | | criminal justice agencies or prosecutors from listing
| 21 | | under an offender's name the false names he or she has
| 22 | | used. | 23 | | (5) Whenever a person has been convicted of criminal
| 24 | | sexual assault, aggravated criminal sexual assault,
| 25 | | predatory criminal sexual assault of a child, criminal
| 26 | | sexual abuse, or aggravated criminal sexual abuse, the
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| 1 | | victim of that offense may request that the State's
| 2 | | Attorney of the county in which the conviction occurred
| 3 | | file a verified petition with the presiding trial judge at
| 4 | | the petitioner's trial to have a court order entered to | 5 | | seal
the records of the circuit court clerk in connection
| 6 | | with the proceedings of the trial court concerning that
| 7 | | offense. However, the records of the arresting authority
| 8 | | and the Department of State Police concerning the offense
| 9 | | shall not be sealed. The court, upon good cause shown,
| 10 | | shall make the records of the circuit court clerk in
| 11 | | connection with the proceedings of the trial court
| 12 | | concerning the offense available for public inspection. | 13 | | (6) If a conviction has been set aside on direct review
| 14 | | or on collateral attack and the court determines by clear
| 15 | | and convincing evidence that the petitioner was factually
| 16 | | innocent of the charge, the court that finds the petitioner | 17 | | factually innocent of the charge shall enter an
expungement | 18 | | order for the conviction for which the petitioner has been | 19 | | determined to be innocent as provided in subsection (b) of | 20 | | Section
5-5-4 of the Unified Code of Corrections. | 21 | | (7) Nothing in this Section shall prevent the | 22 | | Department of
State Police from maintaining all records of | 23 | | any person who
is admitted to probation upon terms and | 24 | | conditions and who
fulfills those terms and conditions | 25 | | pursuant to Section 10
of the Cannabis Control Act, Section | 26 | | 410 of the Illinois
Controlled Substances Act, Section 70 |
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| 1 | | of the
Methamphetamine Control and Community Protection | 2 | | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | 3 | | Corrections, Section 12-4.3 or subdivision (b)(1) of | 4 | | Section 12-3.05 of the Criminal Code of 1961 or the | 5 | | Criminal Code of 2012, Section 10-102
of the Illinois | 6 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | 7 | | the Alcoholism and Other Drug Abuse and
Dependency Act, or | 8 | | Section 10 of the Steroid Control Act. | 9 | | (8) If the petitioner has been granted a certificate of | 10 | | innocence under Section 2-702 of the Code of Civil | 11 | | Procedure, the court that grants the certificate of | 12 | | innocence shall also enter an order expunging the | 13 | | conviction for which the petitioner has been determined to | 14 | | be innocent as provided in subsection (h) of Section 2-702 | 15 | | of the Code of Civil Procedure. | 16 | | (c) Sealing. | 17 | | (1) Applicability. Notwithstanding any other provision | 18 | | of this Act to the contrary, and cumulative with any rights | 19 | | to expungement of criminal records, this subsection | 20 | | authorizes the sealing of criminal records of adults and of | 21 | | minors prosecuted as adults. | 22 | | (2) Eligible Records. The following records may be | 23 | | sealed: | 24 | | (A) All arrests resulting in release without | 25 | | charging; | 26 | | (B) Arrests or charges not initiated by arrest |
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| 1 | | resulting in acquittal, dismissal, or conviction when | 2 | | the conviction was reversed or vacated, except as | 3 | | excluded by subsection (a)(3)(B); | 4 | | (C) Arrests or charges not initiated by arrest | 5 | | resulting in orders of supervision, including orders | 6 | | of supervision for municipal ordinance violations, | 7 | | successfully completed by the petitioner, unless | 8 | | excluded by subsection (a)(3); | 9 | | (D) Arrests or charges not initiated by arrest | 10 | | resulting in convictions, including convictions on | 11 | | municipal ordinance violations, unless excluded by | 12 | | subsection (a)(3); | 13 | | (E) Arrests or charges not initiated by arrest | 14 | | resulting in orders of first offender probation under | 15 | | Section 10 of the Cannabis Control Act, Section 410 of | 16 | | the Illinois Controlled Substances Act, Section 70 of | 17 | | the Methamphetamine Control and Community Protection | 18 | | Act, or Section 5-6-3.3 of the Unified Code of | 19 | | Corrections; and | 20 | | (F) Arrests or charges not initiated by arrest | 21 | | resulting in felony convictions for the following | 22 | | offenses: | 23 | | (i) Class 4 felony convictions for: | 24 | | Prostitution under Section 11-14 of the | 25 | | Criminal Code of 1961 or the Criminal Code of | 26 | | 2012. |
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| 1 | | Possession of cannabis under Section 4 of | 2 | | the Cannabis Control Act. | 3 | | Possession of a controlled substance under | 4 | | Section 402 of the Illinois Controlled | 5 | | Substances Act. | 6 | | Offenses under the Methamphetamine | 7 | | Precursor Control Act. | 8 | | Offenses under the Steroid Control Act. | 9 | | Theft under Section 16-1 of the Criminal | 10 | | Code of 1961 or the Criminal Code of 2012. | 11 | | Retail theft under Section 16A-3 or | 12 | | paragraph (a) of 16-25 of the Criminal Code of | 13 | | 1961 or the Criminal Code of 2012. | 14 | | Deceptive practices under Section 17-1 of | 15 | | the Criminal Code of 1961 or the Criminal Code | 16 | | of 2012. | 17 | | Forgery under Section 17-3 of the Criminal | 18 | | Code of 1961 or the Criminal Code of 2012. | 19 | | Possession of burglary tools under Section | 20 | | 19-2 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012. | 22 | | (ii) Class 3 felony convictions for: | 23 | | Theft under Section 16-1 of the Criminal | 24 | | Code of 1961 or the Criminal Code of 2012. | 25 | | Retail theft under Section 16A-3 or | 26 | | paragraph (a) of 16-25 of the Criminal Code of |
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| 1 | | 1961 or the Criminal Code of 2012. | 2 | | Deceptive practices under Section 17-1 of | 3 | | the Criminal Code of 1961 or the Criminal Code | 4 | | of 2012. | 5 | | Forgery under Section 17-3 of the Criminal | 6 | | Code of 1961 or the Criminal Code of 2012. | 7 | | Possession with intent to manufacture or | 8 | | deliver a controlled substance under Section | 9 | | 401 of the Illinois Controlled Substances Act. | 10 | | (3) When Records Are Eligible to Be Sealed. Records | 11 | | identified as eligible under subsection (c)(2) may be | 12 | | sealed as follows: | 13 | | (A) Records identified as eligible under | 14 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | 15 | | time. | 16 | | (B) Except as otherwise provided in subparagraph | 17 | | (E) of this paragraph (3), records identified as | 18 | | eligible under subsection (c)(2)(C) may be sealed
2 | 19 | | years after the termination of petitioner's last | 20 | | sentence (as defined in subsection (a)(1)(F)). | 21 | | (C) Except as otherwise provided in subparagraph | 22 | | (E) of this paragraph (3), records identified as | 23 | | eligible under subsections (c)(2)(D), (c)(2)(E), and | 24 | | (c)(2)(F) may be sealed 3 years after the termination | 25 | | of the petitioner's last sentence (as defined in | 26 | | subsection (a)(1)(F)). |
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| 1 | | (D) Records identified in subsection | 2 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 3 | | reached the age of 25 years. | 4 | | (E) Records identified as eligible under | 5 | | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | 6 | | (c)(2)(F) may be sealed upon termination of the | 7 | | petitioner's last sentence if the petitioner earned a | 8 | | high school diploma, associate's degree, career | 9 | | certificate, vocational technical certification, or | 10 | | bachelor's degree, or passed the high school level Test | 11 | | of General Educational Development, during the period | 12 | | of his or her sentence, aftercare release, or mandatory | 13 | | supervised release. This subparagraph shall apply only | 14 | | to a petitioner who has not completed the same | 15 | | educational goal prior to the period of his or her | 16 | | sentence, aftercare release, or mandatory supervised | 17 | | release. If a petition for sealing eligible records | 18 | | filed under this subparagraph is denied by the court, | 19 | | the time periods under subparagraph (B) or (C) shall | 20 | | apply to any subsequent petition for sealing filed by | 21 | | the petitioner. | 22 | | (4) Subsequent felony convictions. A person may not | 23 | | have
subsequent felony conviction records sealed as | 24 | | provided in this subsection
(c) if he or she is convicted | 25 | | of any felony offense after the date of the
sealing of | 26 | | prior felony convictions as provided in this subsection |
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| 1 | | (c). The court may, upon conviction for a subsequent felony | 2 | | offense, order the unsealing of prior felony conviction | 3 | | records previously ordered sealed by the court. | 4 | | (5) Notice of eligibility for sealing. Upon entry of a | 5 | | disposition for an eligible record under this subsection | 6 | | (c), the petitioner shall be informed by the court of the | 7 | | right to have the records sealed and the procedures for the | 8 | | sealing of the records. | 9 | | (d) Procedure. The following procedures apply to | 10 | | expungement under subsections (b), (e), and (e-6) and sealing | 11 | | under subsections (c) and (e-5): | 12 | | (1) Filing the petition. Upon becoming eligible to | 13 | | petition for
the expungement or sealing of records under | 14 | | this Section, the petitioner shall file a petition | 15 | | requesting the expungement
or sealing of records with the | 16 | | clerk of the court where the arrests occurred or the | 17 | | charges were brought, or both. If arrests occurred or | 18 | | charges were brought in multiple jurisdictions, a petition | 19 | | must be filed in each such jurisdiction. The petitioner | 20 | | shall pay the applicable fee, except no fee shall be | 21 | | required if the petitioner has obtained a court order | 22 | | waiving fees under Supreme Court Rule 298 or it is | 23 | | otherwise waived. | 24 | | (1.5) County fee waiver pilot program.
In a county of | 25 | | 3,000,000 or more inhabitants, no fee shall be required to | 26 | | be paid by a petitioner if the records sought to be |
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| 1 | | expunged or sealed were arrests resulting in release | 2 | | without charging or arrests or charges not initiated by | 3 | | arrest resulting in acquittal, dismissal, or conviction | 4 | | when the conviction was reversed or vacated, unless | 5 | | excluded by subsection (a)(3)(B). The provisions of this | 6 | | paragraph (1.5), other than this sentence, are inoperative | 7 | | on and after January 1, 2018 or one year after January 1, | 8 | | 2017 ( the effective date of Public Act 99-881) this | 9 | | amendatory Act of the 99th General Assembly , whichever is | 10 | | later. | 11 | | (2) Contents of petition. The petition shall be
| 12 | | verified and shall contain the petitioner's name, date of
| 13 | | birth, current address and, for each arrest or charge not | 14 | | initiated by
arrest sought to be sealed or expunged, the | 15 | | case number, the date of
arrest (if any), the identity of | 16 | | the arresting authority, and such
other information as the | 17 | | court may require. During the pendency
of the proceeding, | 18 | | the petitioner shall promptly notify the
circuit court | 19 | | clerk of any change of his or her address. If the | 20 | | petitioner has received a certificate of eligibility for | 21 | | sealing from the Prisoner Review Board under paragraph (10) | 22 | | of subsection (a) of Section 3-3-2 of the Unified Code of | 23 | | Corrections, the certificate shall be attached to the | 24 | | petition. | 25 | | (3) Drug test. The petitioner must attach to the | 26 | | petition proof that the petitioner has passed a test taken |
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| 1 | | within 30 days before the filing of the petition showing | 2 | | the absence within his or her body of all illegal | 3 | | substances as defined by the Illinois Controlled | 4 | | Substances Act, the Methamphetamine Control and Community | 5 | | Protection Act, and the Cannabis Control Act if he or she | 6 | | is petitioning to: | 7 | | (A) seal felony records under clause (c)(2)(E); | 8 | | (B) seal felony records for a violation of the | 9 | | Illinois Controlled Substances Act, the | 10 | | Methamphetamine Control and Community Protection Act, | 11 | | or the Cannabis Control Act under clause (c)(2)(F); | 12 | | (C) seal felony records under subsection (e-5); or | 13 | | (D) expunge felony records of a qualified | 14 | | probation under clause (b)(1)(iv). | 15 | | (4) Service of petition. The circuit court clerk shall | 16 | | promptly
serve a copy of the petition and documentation to | 17 | | support the petition under subsection (e-5) or (e-6) on the | 18 | | State's Attorney or
prosecutor charged with the duty of | 19 | | prosecuting the
offense, the Department of State Police, | 20 | | the arresting
agency and the chief legal officer of the | 21 | | unit of local
government effecting the arrest. | 22 | | (5) Objections. | 23 | | (A) Any party entitled to notice of the petition | 24 | | may file an objection to the petition. All objections | 25 | | shall be in writing, shall be filed with the circuit | 26 | | court clerk, and shall state with specificity the basis |
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| 1 | | of the objection. Whenever a person who has been | 2 | | convicted of an offense is granted
a pardon by the | 3 | | Governor which specifically authorizes expungement, an | 4 | | objection to the petition may not be filed. | 5 | | (B) Objections to a petition to expunge or seal | 6 | | must be filed within 60 days of the date of service of | 7 | | the petition. | 8 | | (6) Entry of order. | 9 | | (A) The Chief Judge of the circuit wherein the | 10 | | charge was brought, any judge of that circuit | 11 | | designated by the Chief Judge, or in counties of less | 12 | | than 3,000,000 inhabitants, the presiding trial judge | 13 | | at the petitioner's trial, if any, shall rule on the | 14 | | petition to expunge or seal as set forth in this | 15 | | subsection (d)(6). | 16 | | (B) Unless the State's Attorney or prosecutor, the | 17 | | Department of
State Police, the arresting agency, or | 18 | | the chief legal officer
files an objection to the | 19 | | petition to expunge or seal within 60 days from the | 20 | | date of service of the petition, the court shall enter | 21 | | an order granting or denying the petition. | 22 | | (7) Hearings. If an objection is filed, the court shall | 23 | | set a date for a hearing and notify the petitioner and all | 24 | | parties entitled to notice of the petition of the hearing | 25 | | date at least 30 days prior to the hearing. Prior to the | 26 | | hearing, the State's Attorney shall consult with the |
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| 1 | | Department as to the appropriateness of the relief sought | 2 | | in the petition to expunge or seal. At the hearing, the | 3 | | court shall hear evidence on whether the petition should or | 4 | | should not be granted, and shall grant or deny the petition | 5 | | to expunge or seal the records based on the evidence | 6 | | presented at the hearing. The court may consider the | 7 | | following: | 8 | | (A) the strength of the evidence supporting the | 9 | | defendant's conviction; | 10 | | (B) the reasons for retention of the conviction | 11 | | records by the State; | 12 | | (C) the petitioner's age, criminal record history, | 13 | | and employment history; | 14 | | (D) the period of time between the petitioner's | 15 | | arrest on the charge resulting in the conviction and | 16 | | the filing of the petition under this Section; and | 17 | | (E) the specific adverse consequences the | 18 | | petitioner may be subject to if the petition is denied. | 19 | | (8) Service of order. After entering an order to | 20 | | expunge or
seal records, the court must provide copies of | 21 | | the order to the
Department, in a form and manner | 22 | | prescribed by the Department,
to the petitioner, to the | 23 | | State's Attorney or prosecutor
charged with the duty of | 24 | | prosecuting the offense, to the
arresting agency, to the | 25 | | chief legal officer of the unit of
local government | 26 | | effecting the arrest, and to such other
criminal justice |
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| 1 | | agencies as may be ordered by the court. | 2 | | (9) Implementation of order. | 3 | | (A) Upon entry of an order to expunge records | 4 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | 5 | | (i) the records shall be expunged (as defined | 6 | | in subsection (a)(1)(E)) by the arresting agency, | 7 | | the Department, and any other agency as ordered by | 8 | | the court, within 60 days of the date of service of | 9 | | the order, unless a motion to vacate, modify, or | 10 | | reconsider the order is filed pursuant to | 11 | | paragraph (12) of subsection (d) of this Section; | 12 | | (ii) the records of the circuit court clerk | 13 | | shall be impounded until further order of the court | 14 | | upon good cause shown and the name of the | 15 | | petitioner obliterated on the official index | 16 | | required to be kept by the circuit court clerk | 17 | | under Section 16 of the Clerks of Courts Act, but | 18 | | the order shall not affect any index issued by the | 19 | | circuit court clerk before the entry of the order; | 20 | | and | 21 | | (iii) in response to an inquiry for expunged | 22 | | records, the court, the Department, or the agency | 23 | | receiving such inquiry, shall reply as it does in | 24 | | response to inquiries when no records ever | 25 | | existed. | 26 | | (B) Upon entry of an order to expunge records |
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| 1 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | 2 | | (i) the records shall be expunged (as defined | 3 | | in subsection (a)(1)(E)) by the arresting agency | 4 | | and any other agency as ordered by the court, | 5 | | within 60 days of the date of service of the order, | 6 | | unless a motion to vacate, modify, or reconsider | 7 | | the order is filed pursuant to paragraph (12) of | 8 | | subsection (d) of this Section; | 9 | | (ii) the records of the circuit court clerk | 10 | | shall be impounded until further order of the court | 11 | | upon good cause shown and the name of the | 12 | | petitioner obliterated on the official index | 13 | | required to be kept by the circuit court clerk | 14 | | under Section 16 of the Clerks of Courts Act, but | 15 | | the order shall not affect any index issued by the | 16 | | circuit court clerk before the entry of the order; | 17 | | (iii) the records shall be impounded by the
| 18 | | Department within 60 days of the date of service of | 19 | | the order as ordered by the court, unless a motion | 20 | | to vacate, modify, or reconsider the order is filed | 21 | | pursuant to paragraph (12) of subsection (d) of | 22 | | this Section; | 23 | | (iv) records impounded by the Department may | 24 | | be disseminated by the Department only as required | 25 | | by law or to the arresting authority, the State's | 26 | | Attorney, and the court upon a later arrest for the |
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| 1 | | same or a similar offense or for the purpose of | 2 | | sentencing for any subsequent felony, and to the | 3 | | Department of Corrections upon conviction for any | 4 | | offense; and | 5 | | (v) in response to an inquiry for such records | 6 | | from anyone not authorized by law to access such | 7 | | records, the court, the Department, or the agency | 8 | | receiving such inquiry shall reply as it does in | 9 | | response to inquiries when no records ever | 10 | | existed. | 11 | | (B-5) Upon entry of an order to expunge records | 12 | | under subsection (e-6): | 13 | | (i) the records shall be expunged (as defined | 14 | | in subsection (a)(1)(E)) by the arresting agency | 15 | | and any other agency as ordered by the court, | 16 | | within 60 days of the date of service of the order, | 17 | | unless a motion to vacate, modify, or reconsider | 18 | | the order is filed under paragraph (12) of | 19 | | subsection (d) of this Section; | 20 | | (ii) the records of the circuit court clerk | 21 | | shall be impounded until further order of the court | 22 | | upon good cause shown and the name of the | 23 | | petitioner obliterated on the official index | 24 | | required to be kept by the circuit court clerk | 25 | | under Section 16 of the Clerks of Courts Act, but | 26 | | the order shall not affect any index issued by the |
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| 1 | | circuit court clerk before the entry of the order; | 2 | | (iii) the records shall be impounded by the
| 3 | | Department within 60 days of the date of service of | 4 | | the order as ordered by the court, unless a motion | 5 | | to vacate, modify, or reconsider the order is filed | 6 | | under paragraph (12) of subsection (d) of this | 7 | | Section; | 8 | | (iv) records impounded by the Department may | 9 | | be disseminated by the Department only as required | 10 | | by law or to the arresting authority, the State's | 11 | | Attorney, and the court upon a later arrest for the | 12 | | same or a similar offense or for the purpose of | 13 | | sentencing for any subsequent felony, and to the | 14 | | Department of Corrections upon conviction for any | 15 | | offense; and | 16 | | (v) in response to an inquiry for these records | 17 | | from anyone not authorized by law to access the | 18 | | records, the court, the Department, or the agency | 19 | | receiving the inquiry shall reply as it does in | 20 | | response to inquiries when no records ever | 21 | | existed. | 22 | | (C) Upon entry of an order to seal records under | 23 | | subsection
(c), the arresting agency, any other agency | 24 | | as ordered by the court, the Department, and the court | 25 | | shall seal the records (as defined in subsection | 26 | | (a)(1)(K)). In response to an inquiry for such records, |
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| 1 | | from anyone not authorized by law to access such | 2 | | records, the court, the Department, or the agency | 3 | | receiving such inquiry shall reply as it does in | 4 | | response to inquiries when no records ever existed. | 5 | | (D) The Department shall send written notice to the | 6 | | petitioner of its compliance with each order to expunge | 7 | | or seal records within 60 days of the date of service | 8 | | of that order or, if a motion to vacate, modify, or | 9 | | reconsider is filed, within 60 days of service of the | 10 | | order resolving the motion, if that order requires the | 11 | | Department to expunge or seal records. In the event of | 12 | | an appeal from the circuit court order, the Department | 13 | | shall send written notice to the petitioner of its | 14 | | compliance with an Appellate Court or Supreme Court | 15 | | judgment to expunge or seal records within 60 days of | 16 | | the issuance of the court's mandate. The notice is not | 17 | | required while any motion to vacate, modify, or | 18 | | reconsider, or any appeal or petition for | 19 | | discretionary appellate review, is pending. | 20 | | (10) Fees. The Department may charge the petitioner a | 21 | | fee equivalent to the cost of processing any order to | 22 | | expunge or seal records. Notwithstanding any provision of | 23 | | the Clerks of Courts Act to the contrary, the circuit court | 24 | | clerk may charge a fee equivalent to the cost associated | 25 | | with the sealing or expungement of records by the circuit | 26 | | court clerk. From the total filing fee collected for the |
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| 1 | | petition to seal or expunge, the circuit court clerk shall | 2 | | deposit $10 into the Circuit Court Clerk Operation and | 3 | | Administrative Fund, to be used to offset the costs | 4 | | incurred by the circuit court clerk in performing the | 5 | | additional duties required to serve the petition to seal or | 6 | | expunge on all parties. The circuit court clerk shall | 7 | | collect and forward the Department of State Police portion | 8 | | of the fee to the Department and it shall be deposited in | 9 | | the State Police Services Fund. | 10 | | (11) Final Order. No court order issued under the | 11 | | expungement or sealing provisions of this Section shall | 12 | | become final for purposes of appeal until 30 days after | 13 | | service of the order on the petitioner and all parties | 14 | | entitled to notice of the petition. | 15 | | (12) Motion to Vacate, Modify, or Reconsider. Under | 16 | | Section 2-1203 of the Code of Civil Procedure, the | 17 | | petitioner or any party entitled to notice may file a | 18 | | motion to vacate, modify, or reconsider the order granting | 19 | | or denying the petition to expunge or seal within 60 days | 20 | | of service of the order. If filed more than 60 days after | 21 | | service of the order, a petition to vacate, modify, or | 22 | | reconsider shall comply with subsection (c) of Section | 23 | | 2-1401 of the Code of Civil Procedure. Upon filing of a | 24 | | motion to vacate, modify, or reconsider, notice of the | 25 | | motion shall be served upon the petitioner and all parties | 26 | | entitled to notice of the petition. |
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| 1 | | (13) Effect of Order. An order granting a petition | 2 | | under the expungement or sealing provisions of this Section | 3 | | shall not be considered void because it fails to comply | 4 | | with the provisions of this Section or because of any error | 5 | | asserted in a motion to vacate, modify, or reconsider. The | 6 | | circuit court retains jurisdiction to determine whether | 7 | | the order is voidable and to vacate, modify, or reconsider | 8 | | its terms based on a motion filed under paragraph (12) of | 9 | | this subsection (d). | 10 | | (14) Compliance with Order Granting Petition to Seal | 11 | | Records. Unless a court has entered a stay of an order | 12 | | granting a petition to seal, all parties entitled to notice | 13 | | of the petition must fully comply with the terms of the | 14 | | order within 60 days of service of the order even if a | 15 | | party is seeking relief from the order through a motion | 16 | | filed under paragraph (12) of this subsection (d) or is | 17 | | appealing the order. | 18 | | (15) Compliance with Order Granting Petition to | 19 | | Expunge Records. While a party is seeking relief from the | 20 | | order granting the petition to expunge through a motion | 21 | | filed under paragraph (12) of this subsection (d) or is | 22 | | appealing the order, and unless a court has entered a stay | 23 | | of that order, the parties entitled to notice of the | 24 | | petition must seal, but need not expunge, the records until | 25 | | there is a final order on the motion for relief or, in the | 26 | | case of an appeal, the issuance of that court's mandate. |
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| 1 | | (16) The changes to this subsection (d) made by Public | 2 | | Act 98-163 apply to all petitions pending on August 5, 2013 | 3 | | (the effective date of Public Act 98-163) and to all orders | 4 | | ruling on a petition to expunge or seal on or after August | 5 | | 5, 2013 (the effective date of Public Act 98-163). | 6 | | (e) Whenever a person who has been convicted of an offense | 7 | | is granted
a pardon by the Governor which specifically | 8 | | authorizes expungement, he or she may,
upon verified petition | 9 | | to the Chief Judge of the circuit where the person had
been | 10 | | convicted, any judge of the circuit designated by the Chief | 11 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 12 | | presiding trial judge at the
defendant's trial, have a court | 13 | | order entered expunging the record of
arrest from the official | 14 | | records of the arresting authority and order that the
records | 15 | | of the circuit court clerk and the Department be sealed until
| 16 | | further order of the court upon good cause shown or as | 17 | | otherwise provided
herein, and the name of the defendant | 18 | | obliterated from the official index
requested to be kept by the | 19 | | circuit court clerk under Section 16 of the Clerks
of Courts | 20 | | Act in connection with the arrest and conviction for the | 21 | | offense for
which he or she had been pardoned but the order | 22 | | shall not affect any index issued by
the circuit court clerk | 23 | | before the entry of the order. All records sealed by
the | 24 | | Department may be disseminated by the Department only to the | 25 | | arresting authority, the State's Attorney, and the court upon a | 26 | | later
arrest for the same or similar offense or for the purpose |
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| 1 | | of sentencing for any
subsequent felony. Upon conviction for | 2 | | any subsequent offense, the Department
of Corrections shall | 3 | | have access to all sealed records of the Department
pertaining | 4 | | to that individual. Upon entry of the order of expungement, the
| 5 | | circuit court clerk shall promptly mail a copy of the order to | 6 | | the
person who was pardoned. | 7 | | (e-5) Whenever a person who has been convicted of an | 8 | | offense is granted a certificate of eligibility for sealing by | 9 | | the Prisoner Review Board which specifically authorizes | 10 | | sealing, he or she may, upon verified petition to the Chief | 11 | | Judge of the circuit where the person had been convicted, any | 12 | | judge of the circuit designated by the Chief Judge, or in | 13 | | counties of less than 3,000,000 inhabitants, the presiding | 14 | | trial judge at the petitioner's trial, have a court order | 15 | | entered sealing the record of arrest from the official records | 16 | | of the arresting authority and order that the records of the | 17 | | circuit court clerk and the Department be sealed until further | 18 | | order of the court upon good cause shown or as otherwise | 19 | | provided herein, and the name of the petitioner obliterated | 20 | | from the official index requested to be kept by the circuit | 21 | | court clerk under Section 16 of the Clerks of Courts Act in | 22 | | connection with the arrest and conviction for the offense for | 23 | | which he or she had been granted the certificate but the order | 24 | | shall not affect any index issued by the circuit court clerk | 25 | | before the entry of the order. All records sealed by the | 26 | | Department may be disseminated by the Department only as |
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| 1 | | required by this Act or to the arresting authority, a law | 2 | | enforcement agency, the State's Attorney, and the court upon a | 3 | | later arrest for the same or similar offense or for the purpose | 4 | | of sentencing for any subsequent felony. Upon conviction for | 5 | | any subsequent offense, the Department of Corrections shall | 6 | | have access to all sealed records of the Department pertaining | 7 | | to that individual. Upon entry of the order of sealing, the | 8 | | circuit court clerk shall promptly mail a copy of the order to | 9 | | the person who was granted the certificate of eligibility for | 10 | | sealing. | 11 | | (e-6) Whenever a person who has been convicted of an | 12 | | offense is granted a certificate of eligibility for expungement | 13 | | by the Prisoner Review Board which specifically authorizes | 14 | | expungement, he or she may, upon verified petition to the Chief | 15 | | Judge of the circuit where the person had been convicted, any | 16 | | judge of the circuit designated by the Chief Judge, or in | 17 | | counties of less than 3,000,000 inhabitants, the presiding | 18 | | trial judge at the petitioner's trial, have a court order | 19 | | entered expunging the record of arrest from the official | 20 | | records of the arresting authority and order that the records | 21 | | of the circuit court clerk and the Department be sealed until | 22 | | further order of the court upon good cause shown or as | 23 | | otherwise provided herein, and the name of the petitioner | 24 | | obliterated from the official index requested to be kept by the | 25 | | circuit court clerk under Section 16 of the Clerks of Courts | 26 | | Act in connection with the arrest and conviction for the |
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| 1 | | offense for which he or she had been granted the certificate | 2 | | but the order shall not affect any index issued by the circuit | 3 | | court clerk before the entry of the order. All records sealed | 4 | | by the Department may be disseminated by the Department only as | 5 | | required by this Act or to the arresting authority, a law | 6 | | enforcement agency, the State's Attorney, and the court upon a | 7 | | later arrest for the same or similar offense or for the purpose | 8 | | of sentencing for any subsequent felony. Upon conviction for | 9 | | any subsequent offense, the Department of Corrections shall | 10 | | have access to all expunged records of the Department | 11 | | pertaining to that individual. Upon entry of the order of | 12 | | expungement, the circuit court clerk shall promptly mail a copy | 13 | | of the order to the person who was granted the certificate of | 14 | | eligibility for expungement. | 15 | | (f) Subject to available funding, the Illinois Department
| 16 | | of Corrections shall conduct a study of the impact of sealing,
| 17 | | especially on employment and recidivism rates, utilizing a
| 18 | | random sample of those who apply for the sealing of their
| 19 | | criminal records under Public Act 93-211. At the request of the
| 20 | | Illinois Department of Corrections, records of the Illinois
| 21 | | Department of Employment Security shall be utilized as
| 22 | | appropriate to assist in the study. The study shall not
| 23 | | disclose any data in a manner that would allow the
| 24 | | identification of any particular individual or employing unit.
| 25 | | The study shall be made available to the General Assembly no
| 26 | | later than September 1, 2010.
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| 1 | | (Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, | 2 | | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, | 3 | | eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; | 4 | | 98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; | 5 | | 99-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. | 6 | | 7-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
| 7 | | Section 10. The Criminal Code of 2012 is amended by | 8 | | changing Sections 1-6, 16-1, and 17-56 as follows:
| 9 | | (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
| 10 | | Sec. 1-6. Place of trial.
| 11 | | (a) Generally.
| 12 | | Criminal actions shall be tried
in the county where the | 13 | | offense was committed, except as otherwise provided
by law. The | 14 | | State is not required to prove during trial that the alleged
| 15 | | offense occurred in any particular county in this State. When a | 16 | | defendant
contests the place of trial under this Section, all | 17 | | proceedings regarding this
issue shall be conducted under | 18 | | Section 114-1 of the Code of Criminal Procedure
of 1963. All | 19 | | objections of improper place of trial are waived by a defendant
| 20 | | unless made before trial.
| 21 | | (b) Assailant and Victim in Different Counties.
| 22 | | If a person committing an offense upon the person of | 23 | | another is
located in one county and his victim is located in | 24 | | another county at the
time of the commission of the offense, |
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| 1 | | trial may be had in either of
said counties.
| 2 | | (c) Death and Cause of Death in Different Places or | 3 | | Undetermined.
| 4 | | If cause of death is inflicted in one county and death | 5 | | ensues in
another county, the offender may be tried in either | 6 | | county. If neither
the county in which the cause of death was | 7 | | inflicted nor the county in which
death ensued are known before | 8 | | trial, the offender may be tried in the county
where the body | 9 | | was found.
| 10 | | (d) Offense Commenced Outside the State.
| 11 | | If the commission of an offense commenced outside the State | 12 | | is
consummated within this State, the offender shall be tried | 13 | | in the county
where the offense is consummated.
| 14 | | (e) Offenses Committed in Bordering Navigable Waters.
| 15 | | If an offense is committed on any of the navigable waters | 16 | | bordering
on this State, the offender may be tried in any | 17 | | county adjacent to such
navigable water.
| 18 | | (f) Offenses Committed while in Transit.
| 19 | | If an offense is committed upon any railroad car, vehicle, | 20 | | watercraft
or aircraft passing within this State, and it cannot | 21 | | readily be
determined in which county the offense was | 22 | | committed, the offender may
be tried in any county through | 23 | | which such railroad car, vehicle,
watercraft or aircraft has | 24 | | passed.
| 25 | | (g) Theft.
| 26 | | A person who commits theft of property may be tried in any |
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| 1 | | county in
which he exerted control over such property.
| 2 | | (h) Bigamy.
| 3 | | A person who commits the offense of bigamy may be tried in | 4 | | any county
where the bigamous marriage or bigamous cohabitation | 5 | | has occurred.
| 6 | | (i) Kidnaping.
| 7 | | A person who commits the offense of kidnaping may be tried | 8 | | in any
county in which his victim has traveled or has been | 9 | | confined during the
course of the offense.
| 10 | | (j) Pandering.
| 11 | | A person who commits the offense of pandering as set forth | 12 | | in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be | 13 | | tried in any
county in which the prostitution was practiced or | 14 | | in any county in which
any act in furtherance of the offense | 15 | | shall have been committed.
| 16 | | (k) Treason.
| 17 | | A person who commits the offense of treason may be tried in | 18 | | any
county.
| 19 | | (l) Criminal Defamation.
| 20 | | If criminal defamation is spoken, printed or written in one | 21 | | county
and is received or circulated in another or other | 22 | | counties, the offender
shall be tried in the county where the | 23 | | defamation is spoken, printed or
written. If the defamation is | 24 | | spoken, printed or written outside this
state, or the offender | 25 | | resides outside this state, the offender may be
tried in any | 26 | | county in this state in which the defamation was circulated
or |
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| 1 | | received.
| 2 | | (m) Inchoate Offenses.
| 3 | | A person who commits an inchoate offense may be tried in | 4 | | any county
in which any act which is an element of the offense, | 5 | | including the
agreement in conspiracy, is committed.
| 6 | | (n) Accountability for Conduct of Another.
| 7 | | Where a person in one county solicits, aids, abets, agrees, | 8 | | or
attempts to aid another in the planning or commission of an | 9 | | offense in
another county, he may be tried for the offense in | 10 | | either county.
| 11 | | (o) Child Abduction.
| 12 | | A person who commits the offense of child abduction may be | 13 | | tried in any
county in which his victim has traveled, been | 14 | | detained, concealed or
removed to during the course of the | 15 | | offense. Notwithstanding the foregoing,
unless for good cause | 16 | | shown, the preferred place of trial shall be the
county of the | 17 | | residence of the lawful custodian.
| 18 | | (p) A person who commits the offense of narcotics | 19 | | racketeering may be
tried in any county where cannabis or a | 20 | | controlled substance which is the
basis for the charge of | 21 | | narcotics racketeering was used; acquired;
transferred or | 22 | | distributed to, from or through; or any county where any act
| 23 | | was performed to further the use; acquisition, transfer or | 24 | | distribution of
said cannabis or controlled substance; any | 25 | | money, property, property
interest, or any other asset | 26 | | generated by narcotics activities was
acquired, used, sold, |
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| 1 | | transferred or distributed to, from or through; or,
any | 2 | | enterprise interest obtained as a result of narcotics | 3 | | racketeering was
acquired, used, transferred or distributed | 4 | | to, from or through, or where
any activity was conducted by the | 5 | | enterprise or any conduct to further the
interests of such an | 6 | | enterprise.
| 7 | | (q) A person who commits the offense of money laundering | 8 | | may be tried in
any county where any part of a financial | 9 | | transaction in criminally derived
property took place or in any | 10 | | county where any money or monetary instrument
which is the | 11 | | basis for the offense was acquired, used, sold, transferred or
| 12 | | distributed to, from or through.
| 13 | | (r) A person who commits the offense of cannabis | 14 | | trafficking or
controlled substance trafficking may be tried in | 15 | | any county. | 16 | | (s) A person who commits the offense of online sale of | 17 | | stolen property, online theft by deception, or electronic | 18 | | fencing may be tried in any county where any one or more | 19 | | elements of the offense took place, regardless of whether the | 20 | | element of the offense was the result of acts by the accused, | 21 | | the victim or by another person, and regardless of whether the | 22 | | defendant was ever physically present within the boundaries of | 23 | | the county. | 24 | | (t) A person who commits the offense of identity theft or | 25 | | aggravated identity theft may be tried in any one of the | 26 | | following counties in which: (1) the offense occurred;
(2) the |
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| 1 | | information used to commit the offense was illegally used;
or | 2 | | (3) the victim resides. | 3 | | (u) A person who commits the offense of financial | 4 | | exploitation of an elderly person or a person with a disability | 5 | | may be tried in any one of the following counties in which (1) | 6 | | any part of the offense occurred or (2) the victim or one of | 7 | | the victims reside. | 8 | | If a person is charged with more than one violation of | 9 | | identity theft or aggravated identity theft and those | 10 | | violations may be tried in more than one county, any of those | 11 | | counties is a proper venue for all of the violations.
| 12 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 13 | | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| 14 | | Sec. 16-1. Theft.
| 15 | | (a) A person commits theft when he or she knowingly:
| 16 | | (1) Obtains or exerts unauthorized control over | 17 | | property of the
owner; or
| 18 | | (2) Obtains by deception control over property of the | 19 | | owner; or
| 20 | | (3) Obtains by threat control over property of the | 21 | | owner; or
| 22 | | (4) Obtains control over stolen property knowing the | 23 | | property to
have been stolen or under such circumstances as | 24 | | would
reasonably induce him or her to believe that the | 25 | | property was stolen; or
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| 1 | | (5) Obtains or exerts control over property in the | 2 | | custody of any law
enforcement agency which any law | 3 | | enforcement officer or any individual acting in behalf of a | 4 | | law enforcement agency explicitly represents to the person | 5 | | as being stolen or represents to the person such | 6 | | circumstances as would reasonably induce the person to | 7 | | believe that the property was stolen, and
| 8 | | (A) Intends to deprive the owner permanently of the | 9 | | use or
benefit of the property; or
| 10 | | (B) Knowingly uses, conceals or abandons the | 11 | | property in such
manner as to deprive the owner | 12 | | permanently of such use or benefit; or
| 13 | | (C) Uses, conceals, or abandons the property | 14 | | knowing such use,
concealment or abandonment probably | 15 | | will deprive the owner permanently
of such use or | 16 | | benefit.
| 17 | | (b) Sentence.
| 18 | | (1) Theft of property not from the person and
not | 19 | | exceeding $500 in value is a Class A misdemeanor.
| 20 | | (1.1) Theft of property not from the person and
not | 21 | | exceeding $500 in value is a Class 4 felony if the theft | 22 | | was committed in a
school or place of worship or if the | 23 | | theft was of governmental property.
| 24 | | (2) A person who has been convicted of theft of | 25 | | property not from the
person and not exceeding
$500 in | 26 | | value who has been
previously convicted of any type of |
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| 1 | | theft, robbery, armed robbery,
burglary, residential | 2 | | burglary, possession of burglary tools, home
invasion, | 3 | | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | 4 | | 4-103.3
of the Illinois Vehicle Code relating to the | 5 | | possession of a stolen or
converted motor vehicle, or a | 6 | | violation of Section 17-36 of the Criminal Code of 1961 or | 7 | | the Criminal Code of 2012, or Section 8 of the Illinois | 8 | | Credit
Card and Debit Card Act is guilty of a Class 4 | 9 | | felony.
| 10 | | (3) (Blank).
| 11 | | (4) Theft of property from the person not exceeding | 12 | | $500 in value, or
theft of
property exceeding $500 and not | 13 | | exceeding $10,000 in value, is a
Class 3 felony.
| 14 | | (4.1) Theft of property from the person not exceeding | 15 | | $500 in value, or
theft of property exceeding $500 and not | 16 | | exceeding $10,000 in value, is a Class
2 felony if the | 17 | | theft was committed in a school or place of worship or if | 18 | | the theft was of governmental property.
| 19 | | (5) Theft of property exceeding $10,000 and not | 20 | | exceeding
$100,000 in value is a Class 2 felony.
| 21 | | (5.1) Theft of property exceeding $10,000 and not | 22 | | exceeding $100,000 in
value is a Class 1 felony
if the | 23 | | theft was committed in a school or place of worship or if | 24 | | the theft was of governmental property.
| 25 | | (6) Theft of property exceeding $100,000 and not | 26 | | exceeding $500,000 in
value is a Class 1 felony.
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| 1 | | (6.1) Theft of property exceeding $100,000 in value is | 2 | | a Class X felony
if the theft was committed in a school or | 3 | | place of worship or if the theft was of governmental | 4 | | property.
| 5 | | (6.2) Theft of property exceeding $500,000 and not | 6 | | exceeding $1,000,000 in value is a Class 1
| 7 | | non-probationable
felony.
| 8 | | (6.3) Theft of property exceeding $1,000,000 in value | 9 | | is a Class X felony.
| 10 | | (7) Theft by deception, as described by paragraph (2) | 11 | | of
subsection (a) of
this Section, in which the offender | 12 | | obtained money or property valued at
$5,000 or more from a | 13 | | victim 60 years of age or older or a person with a | 14 | | disability is a Class 2 felony.
| 15 | | (8) Theft by deception, as described by paragraph (2) | 16 | | of
subsection (a) of
this Section, in which the offender | 17 | | falsely poses as a landlord or agent or employee of the | 18 | | landlord and obtains a rent payment or a security deposit | 19 | | from a tenant is a Class 3 felony if the rent payment or | 20 | | security deposit obtained does not exceed $500. | 21 | | (9) Theft by deception, as described by paragraph (2) | 22 | | of
subsection (a) of
this Section, in which the offender | 23 | | falsely poses as a landlord or agent or employee of the | 24 | | landlord and obtains a rent payment or a security deposit | 25 | | from a tenant is a Class 2 felony if the rent payment or | 26 | | security deposit obtained exceeds $500 and does not exceed |
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| 1 | | $10,000. | 2 | | (10) Theft by deception, as described by paragraph (2) | 3 | | of
subsection (a) of
this Section, in which the offender | 4 | | falsely poses as a landlord or agent or employee of the | 5 | | landlord and obtains a rent payment or a security deposit | 6 | | from a tenant is a Class 1 felony if the rent payment or | 7 | | security deposit obtained exceeds $10,000 and does not | 8 | | exceed $100,000. | 9 | | (11) Theft by deception, as described by paragraph (2) | 10 | | of
subsection (a) of
this Section, in which the offender | 11 | | falsely poses as a landlord or agent or employee of the | 12 | | landlord and obtains a rent payment or a security deposit | 13 | | from a tenant is a Class X felony if the rent payment or | 14 | | security deposit obtained exceeds $100,000. | 15 | | (c) When a charge of theft of property exceeding a | 16 | | specified value
is brought, the value of the property involved | 17 | | is an element of the offense
to be resolved by the trier of | 18 | | fact as either exceeding or not exceeding
the specified value.
| 19 | | (d) Theft by lessee; permissive inference. The trier of | 20 | | fact may infer evidence that a person intends to deprive the | 21 | | owner permanently of the use or benefit of the property (1) if | 22 | | a
lessee of the personal property of another fails to return it | 23 | | to the
owner within 10 days after written demand from the owner | 24 | | for its
return or (2) if a lessee of the personal property of | 25 | | another fails to return
it to the owner within 24 hours after | 26 | | written demand from the owner for its
return and the lessee had |
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| 1 | | presented identification to the owner that contained
a | 2 | | materially fictitious name, address, or telephone number. A | 3 | | notice in
writing, given after the expiration of the leasing | 4 | | agreement, addressed and
mailed, by registered mail, to the | 5 | | lessee at the address given by him and shown
on the leasing | 6 | | agreement shall constitute proper demand. | 7 | | (e) Permissive inference; evidence of intent that a person | 8 | | obtains by deception control over property. The trier of fact | 9 | | may infer that a person
"knowingly obtains by deception control | 10 | | over property of the owner" when he or she
fails to return, | 11 | | within 45 days after written demand from the owner, the
| 12 | | downpayment and any additional payments accepted under a | 13 | | promise, oral or
in writing, to perform services for the owner | 14 | | for consideration of $3,000
or more, and the promisor knowingly | 15 | | without good cause failed to
substantially perform pursuant to | 16 | | the agreement after taking a down payment
of 10% or more of the | 17 | | agreed upon consideration.
This provision shall not apply where | 18 | | the owner initiated the suspension of
performance under the | 19 | | agreement, or where the promisor responds to the
notice within | 20 | | the 45-day notice period. A notice in writing, addressed and
| 21 | | mailed, by registered mail, to the promisor at the last known | 22 | | address of
the promisor, shall constitute proper demand. | 23 | | (f) Offender's interest in the property. | 24 | | (1) It is no defense to a charge of theft of property | 25 | | that the offender
has an interest therein, when the owner | 26 | | also has an interest to which the
offender is not entitled. |
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| 1 | | (2) Where the property involved is that of the | 2 | | offender's spouse, no
prosecution for theft may be | 3 | | maintained unless the parties were not living
together as | 4 | | man and wife and were living in separate abodes at the time | 5 | | of
the alleged theft. | 6 | | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | 7 | | 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. | 8 | | 1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150, | 9 | | eff. 1-25-13.)
| 10 | | (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
| 11 | | Sec. 17-56. Financial exploitation of an elderly person or | 12 | | a
person with a disability.
| 13 | | (a) A person commits financial exploitation of an elderly
| 14 | | person or a person with a disability when he or she stands in a
| 15 | | position of trust
or confidence with the
elderly person or a | 16 | | person with a disability
and he
or she knowingly : and | 17 | | (1) by
deception or
intimidation obtains control over | 18 | | the property of an elderly person or
a person
with a | 19 | | disability ;
or | 20 | | (2) illegally uses the assets or resources of an | 21 | | elderly person or a
person with a disability.
| 22 | | (b) Sentence. Financial exploitation of an elderly person | 23 | | or a person
with a
disability is: (1) a Class 4
felony if the | 24 | | value of the property is $300 or less, (2) a Class 3 felony if
| 25 | | the value of the property is more than $300 but less than |
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| 1 | | $5,000, (3) a Class 2
felony if the value of the property is | 2 | | $5,000 or more but less than
$50,000, and (4) a Class 1 felony | 3 | | if the value of the property is $50,000 or more
or if the | 4 | | elderly person is over 70 years of age and the value of the
| 5 | | property is $15,000 or more or if the elderly person is 80 | 6 | | years of age or
older and the value of the property is $5,000 | 7 | | or more.
| 8 | | (c) For purposes of this Section:
| 9 | | (1) "Elderly person" means a person 60
years of age or | 10 | | older.
| 11 | | (2) "Person with a disability" means a person who
| 12 | | suffers from a physical or mental impairment resulting from
| 13 | | disease, injury, functional disorder or congenital | 14 | | condition that impairs the
individual's mental or physical | 15 | | ability to independently manage his or her
property or | 16 | | financial resources, or both.
| 17 | | (3) "Intimidation" means the communication to an | 18 | | elderly person or a
person with a disability that he or she | 19 | | shall be deprived of food and
nutrition,
shelter, | 20 | | prescribed
medication or medical care and treatment or | 21 | | conduct as provided in Section 12-6 of this Code.
| 22 | | (4) "Deception" means, in addition to its meaning as | 23 | | defined in Section
15-4 of this Code,
a misrepresentation | 24 | | or concealment of material fact
relating to the terms of a | 25 | | contract or agreement entered into with the
elderly person | 26 | | or person with a disability or to the
existing or
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| 1 | | pre-existing condition of
any of the property involved in | 2 | | such contract or agreement; or the use or
employment of any | 3 | | misrepresentation, false pretense or false promise in
| 4 | | order to induce, encourage or solicit the elderly person or
| 5 | | person with
a disability to
enter into a contract or | 6 | | agreement.
| 7 | | The illegal use of the assets or resources of an
elderly | 8 | | person or a person with a disability includes, but is not | 9 | | limited
to, the misappropriation of those assets or resources | 10 | | by undue influence,
breach of a fiduciary relationship, fraud, | 11 | | deception, extortion, or
use of the assets or resources | 12 | | contrary to law. | 13 | | A person stands in a position of
trust and confidence with | 14 | | an elderly person or person with a
disability when he (i) is a
| 15 | | parent, spouse, adult child or other relative by blood or | 16 | | marriage of the
elderly person or person with a disability, | 17 | | (ii) is a joint
tenant or
tenant in common with
the elderly | 18 | | person or person with a disability, (iii) has
a legal or
| 19 | | fiduciary relationship
with the elderly person or person with a | 20 | | disability, (iv) is a financial
planning or investment | 21 | | professional, or (v) is a paid or unpaid caregiver for the | 22 | | elderly person or person with a disability.
| 23 | | (d) Limitations. Nothing in this Section shall be construed | 24 | | to limit the remedies
available to the victim under the | 25 | | Illinois Domestic Violence Act of 1986.
| 26 | | (e) Good faith efforts. Nothing in this Section shall be |
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| 1 | | construed to impose criminal
liability on a person who has made | 2 | | a good faith effort to assist the
elderly person or person with | 3 | | a disability in the
management of his or her
property, but | 4 | | through
no fault of his or her own has been unable to provide | 5 | | such assistance.
| 6 | | (f) Not a defense. It shall not be a defense to financial | 7 | | exploitation of an elderly
person or person with a disability | 8 | | that the accused reasonably believed
that the victim was
not an | 9 | | elderly person or person with a disability. Consent shall not | 10 | | be a defense to financial exploitation of an elderly person or | 11 | | a person with a disability if the accused knew or had reason to | 12 | | know that the elderly person or a person with a disability | 13 | | lacked capacity to consent.
| 14 | | (g) Civil Liability. A civil cause of action exists for | 15 | | financial exploitation of an elderly person or a
person with a | 16 | | disability as described in subsection (a) of this Section. A | 17 | | person against whom a civil judgment has been entered for | 18 | | financial exploitation of an elderly person
or person with a | 19 | | disability shall be liable to the victim or to the estate of | 20 | | the
victim in damages of treble the amount of the value of the | 21 | | property
obtained, plus reasonable attorney fees and court | 22 | | costs. In a civil action under this subsection, the burden of
| 23 | | proof that the defendant committed financial exploitation of an | 24 | | elderly person or a
person with a disability as described in | 25 | | subsection (a) of this Section shall be
by a preponderance of | 26 | | the evidence. This subsection shall be operative
whether or not |
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| 1 | | the defendant has been charged or convicted of the criminal | 2 | | offense as described in subsection (a) of this Section. This | 3 | | subsection (g) shall not limit or affect the right of any | 4 | | person to bring any cause of action or seek any remedy | 5 | | available under the common law, or other applicable law, | 6 | | arising out of the financial exploitation of an elderly person | 7 | | or a person with a disability.
| 8 | | (h) If a person is charged with financial exploitation of | 9 | | an elderly person or a person with a disability that involves | 10 | | the taking or loss of property valued at more than $5,000, a | 11 | | prosecuting attorney may file a petition with the circuit court | 12 | | of the county in which the defendant has been charged to freeze | 13 | | the assets of the defendant in an amount equal to but not | 14 | | greater than the alleged value of lost or stolen property in | 15 | | the defendant's pending criminal proceeding for purposes of | 16 | | restitution to the victim. The burden of proof required to | 17 | | freeze the defendant's assets shall be by a preponderance of | 18 | | the evidence. | 19 | | (Source: P.A. 99-272, eff. 1-1-16 .)
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