Full Text of HB2291 101st General Assembly
HB2291ham001 101ST GENERAL ASSEMBLY | Rep. Carol Ammons Filed: 3/19/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2291
| 2 | | AMENDMENT NO. ______. Amend House Bill 2291 by replacing | 3 | | everything after the enacting clause with the following:
| 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, sealing, and immediate 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), |
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| 1 | | (iii) Court (730 ILCS 5/5-1-6), | 2 | | (iv) Defendant (730 ILCS 5/5-1-7), | 3 | | (v) Felony (730 ILCS 5/5-1-9), | 4 | | (vi) Imprisonment (730 ILCS 5/5-1-10), | 5 | | (vii) Judgment (730 ILCS 5/5-1-12), | 6 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), | 7 | | (ix) Offense (730 ILCS 5/5-1-15), | 8 | | (x) Parole (730 ILCS 5/5-1-16), | 9 | | (xi) Petty Offense (730 ILCS 5/5-1-17), | 10 | | (xii) Probation (730 ILCS 5/5-1-18), | 11 | | (xiii) Sentence (730 ILCS 5/5-1-19), | 12 | | (xiv) Supervision (730 ILCS 5/5-1-21), and | 13 | | (xv) Victim (730 ILCS 5/5-1-22). | 14 | | (B) As used in this Section, "charge not initiated | 15 | | by arrest" means a charge (as defined by 730 ILCS | 16 | | 5/5-1-3) brought against a defendant where the | 17 | | defendant is not arrested prior to or as a direct | 18 | | result of the charge. | 19 | | (C) "Conviction" means a judgment of conviction or | 20 | | sentence entered upon a plea of guilty or upon a | 21 | | verdict or finding of guilty of an offense, rendered by | 22 | | a legally constituted jury or by a court of competent | 23 | | jurisdiction authorized to try the case without a jury. | 24 | | An order of supervision successfully completed by the | 25 | | petitioner is not a conviction. An order of qualified | 26 | | probation (as defined in subsection (a)(1)(J)) |
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| 1 | | successfully completed by the petitioner is not a | 2 | | conviction. An order of supervision or an order of | 3 | | qualified probation that is terminated | 4 | | unsatisfactorily is a conviction, unless the | 5 | | unsatisfactory termination is reversed, vacated, or | 6 | | modified and the judgment of conviction, if any, is | 7 | | reversed or vacated. | 8 | | (D) "Criminal offense" means a petty offense, | 9 | | business offense, misdemeanor, felony, or municipal | 10 | | ordinance violation (as defined in subsection | 11 | | (a)(1)(H)). As used in this Section, a minor traffic | 12 | | offense (as defined in subsection (a)(1)(G)) shall not | 13 | | be considered a criminal offense. | 14 | | (E) "Expunge" means to physically destroy the | 15 | | records or return them to the petitioner and to | 16 | | obliterate the petitioner's name from any official | 17 | | index or public record, or both. Nothing in this Act | 18 | | shall require the physical destruction of the circuit | 19 | | court file, but such records relating to arrests or | 20 | | charges, or both, ordered expunged shall be impounded | 21 | | as required by subsections (d)(9)(A)(ii) and | 22 | | (d)(9)(B)(ii). | 23 | | (F) As used in this Section, "last sentence" means | 24 | | the sentence, order of supervision, or order of | 25 | | qualified probation (as defined by subsection | 26 | | (a)(1)(J)), for a criminal offense (as defined by |
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| 1 | | subsection (a)(1)(D)) that terminates last in time in | 2 | | any jurisdiction, regardless of whether the petitioner | 3 | | has included the criminal offense for which the | 4 | | sentence or order of supervision or qualified | 5 | | probation was imposed in his or her petition. If | 6 | | multiple sentences, orders of supervision, or orders | 7 | | of qualified probation terminate on the same day and | 8 | | are last in time, they shall be collectively considered | 9 | | the "last sentence" regardless of whether they were | 10 | | ordered to run concurrently. | 11 | | (G) "Minor traffic offense" means a petty offense, | 12 | | business offense, or Class C misdemeanor under the | 13 | | Illinois Vehicle Code or a similar provision of a | 14 | | municipal or local ordinance. | 15 | | (H) "Municipal ordinance violation" means an | 16 | | offense defined by a municipal or local ordinance that | 17 | | is criminal in nature and with which the petitioner was | 18 | | charged or for which the petitioner was arrested and | 19 | | released without charging. | 20 | | (I) "Petitioner" means an adult or a minor | 21 | | prosecuted as an
adult who has applied for relief under | 22 | | this Section. | 23 | | (J) "Qualified probation" means an order of | 24 | | probation under Section 10 of the Cannabis Control Act, | 25 | | Section 410 of the Illinois Controlled Substances Act, | 26 | | Section 70 of the Methamphetamine Control and |
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| 1 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | 2 | | of the Unified Code of Corrections, Section | 3 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | 4 | | those provisions existed before their deletion by | 5 | | Public Act 89-313), Section 10-102 of the Illinois | 6 | | Alcoholism and Other Drug Dependency Act, Section | 7 | | 40-10 of the Substance Use Disorder Act, or Section 10 | 8 | | of the Steroid Control Act. For the purpose of this | 9 | | Section, "successful completion" of an order of | 10 | | qualified probation under Section 10-102 of the | 11 | | Illinois Alcoholism and Other Drug Dependency Act and | 12 | | Section 40-10 of the Substance Use Disorder Act means | 13 | | that the probation was terminated satisfactorily and | 14 | | the judgment of conviction was vacated. | 15 | | (K) "Seal" means to physically and electronically | 16 | | maintain the records, unless the records would | 17 | | otherwise be destroyed due to age, but to make the | 18 | | records unavailable without a court order, subject to | 19 | | the exceptions in Sections 12 and 13 of this Act. The | 20 | | petitioner's name shall also be obliterated from the | 21 | | official index required to be kept by the circuit court | 22 | | clerk under Section 16 of the Clerks of Courts Act, but | 23 | | any index issued by the circuit court clerk before the | 24 | | entry of the order to seal shall not be affected. | 25 | | (L) "Sexual offense committed against a minor" | 26 | | includes but is
not limited to the offenses of indecent |
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| 1 | | solicitation of a child
or criminal sexual abuse when | 2 | | the victim of such offense is
under 18 years of age. | 3 | | (M) "Terminate" as it relates to a sentence or | 4 | | order of supervision or qualified probation includes | 5 | | either satisfactory or unsatisfactory termination of | 6 | | the sentence, unless otherwise specified in this | 7 | | Section. A sentence is terminated notwithstanding any | 8 | | outstanding financial legal obligation. | 9 | | (2) Minor Traffic Offenses.
Orders of supervision or | 10 | | convictions for minor traffic offenses shall not affect a | 11 | | petitioner's eligibility to expunge or seal records | 12 | | pursuant to this Section. | 13 | | (2.5) Commencing 180 days after July 29, 2016 (the | 14 | | effective date of Public Act 99-697), the law enforcement | 15 | | agency issuing the citation shall automatically expunge, | 16 | | on or before January 1 and July 1 of each year, the law | 17 | | enforcement records of a person found to have committed a | 18 | | civil law violation of subsection (a) of Section 4 of the | 19 | | Cannabis Control Act or subsection (c) of Section 3.5 of | 20 | | the Drug Paraphernalia Control Act in the law enforcement | 21 | | agency's possession or control and which contains the final | 22 | | satisfactory disposition which pertain to the person | 23 | | issued a citation for that offense.
The law enforcement | 24 | | agency shall provide by rule the process for access, | 25 | | review, and to confirm the automatic expungement by the law | 26 | | enforcement agency issuing the citation.
Commencing 180 |
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| 1 | | days after July 29, 2016 (the effective date of Public Act | 2 | | 99-697), the clerk of the circuit court shall expunge, upon | 3 | | order of the court, or in the absence of a court order on | 4 | | or before January 1 and July 1 of each year, the court | 5 | | records of a person found in the circuit court to have | 6 | | committed a civil law violation of subsection (a) of | 7 | | Section 4 of the Cannabis Control Act or subsection (c) of | 8 | | Section 3.5 of the Drug Paraphernalia Control Act in the | 9 | | clerk's possession or control and which contains the final | 10 | | satisfactory disposition which pertain to the person | 11 | | issued a citation for any of those offenses. | 12 | | (3) Exclusions. Except as otherwise provided in | 13 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | 14 | | of this Section, the court shall not order: | 15 | | (A) the sealing or expungement of the records of | 16 | | arrests or charges not initiated by arrest that result | 17 | | in an order of supervision for or conviction of:
(i) | 18 | | any sexual offense committed against a
minor; (ii) | 19 | | Section 11-501 of the Illinois Vehicle Code or a | 20 | | similar provision of a local ordinance; or (iii) | 21 | | Section 11-503 of the Illinois Vehicle Code or a | 22 | | similar provision of a local ordinance, unless the | 23 | | arrest or charge is for a misdemeanor violation of | 24 | | subsection (a) of Section 11-503 or a similar provision | 25 | | of a local ordinance, that occurred prior to the | 26 | | offender reaching the age of 25 years and the offender |
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| 1 | | has no other conviction for violating Section 11-501 or | 2 | | 11-503 of the Illinois Vehicle Code or a similar | 3 | | provision of a local ordinance. | 4 | | (B) the sealing or expungement of records of minor | 5 | | traffic offenses (as defined in subsection (a)(1)(G)), | 6 | | unless the petitioner was arrested and released | 7 | | without charging. | 8 | | (C) the sealing of the records of arrests or | 9 | | charges not initiated by arrest which result in an | 10 | | order of supervision or a conviction for the following | 11 | | offenses: | 12 | | (i) offenses included in Article 11 of the | 13 | | Criminal Code of 1961 or the Criminal Code of 2012 | 14 | | or a similar provision of a local ordinance, except | 15 | | Section 11-14 and a misdemeanor violation of | 16 | | Section 11-30 of the Criminal Code of 1961 or the | 17 | | Criminal Code of 2012, or a similar provision of a | 18 | | local ordinance; | 19 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | 20 | | 26-5, or 48-1 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012, or a similar provision of a | 22 | | local ordinance; | 23 | | (iii) Sections 12-3.1 or 12-3.2 of the | 24 | | Criminal Code of 1961 or the Criminal Code of 2012, | 25 | | or Section 125 of the Stalking No Contact Order | 26 | | Act, or Section 219 of the Civil No Contact Order |
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| 1 | | Act, or a similar provision of a local ordinance; | 2 | | (iv) Class A misdemeanors or felony offenses | 3 | | under the Humane Care for Animals Act; or | 4 | | (v) any offense or attempted offense that | 5 | | would subject a person to registration under the | 6 | | Sex Offender Registration Act. | 7 | | (D) (blank). | 8 | | (b) Expungement. | 9 | | (1) A petitioner may petition the circuit court to | 10 | | expunge the
records of his or her arrests and charges not | 11 | | initiated by arrest when each arrest or charge not | 12 | | initiated by arrest
sought to be expunged resulted in:
(i) | 13 | | acquittal, dismissal, or the petitioner's release without | 14 | | charging, unless excluded by subsection (a)(3)(B);
(ii) a | 15 | | conviction which was vacated or reversed, unless excluded | 16 | | by subsection (a)(3)(B);
(iii) an order of supervision and | 17 | | such supervision was successfully completed by the | 18 | | petitioner, unless excluded by subsection (a)(3)(A) or | 19 | | (a)(3)(B); or
(iv) an order of qualified probation (as | 20 | | defined in subsection (a)(1)(J)) and such probation was | 21 | | successfully completed by the petitioner ; or (v) an order | 22 | | of misdemeanor diversion under Section 5-6-3.7 of the | 23 | | Unified Code of Corrections, and the diversion program was | 24 | | successfully completed by the petitioner . | 25 | | (1.5) When a petitioner seeks to have a record of | 26 | | arrest expunged under this Section, and the offender has |
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| 1 | | been convicted of a criminal offense, the State's Attorney | 2 | | may object to the expungement on the grounds that the | 3 | | records contain specific relevant information aside from | 4 | | the mere fact of the arrest. | 5 | | (2) Time frame for filing a petition to expunge. | 6 | | (A) When the arrest or charge not initiated by | 7 | | arrest sought to be expunged resulted in an acquittal, | 8 | | dismissal, the petitioner's release without charging, | 9 | | or the reversal or vacation of a conviction, or an | 10 | | order of misdemeanor diversion under Section 5-6-3.7 | 11 | | of the Unified Code of Corrections, successfully | 12 | | completed by the petitioner, there is no waiting period | 13 | | to petition for the expungement of such records. | 14 | | (B) When the arrest or charge not initiated by | 15 | | arrest
sought to be expunged resulted in an order of | 16 | | supervision, successfully
completed by the petitioner, | 17 | | the following time frames will apply: | 18 | | (i) Those arrests or charges that resulted in | 19 | | orders of
supervision under Section 3-707, 3-708, | 20 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | 21 | | similar provision of a local ordinance, or under | 22 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | 23 | | Code of 1961 or the Criminal Code of 2012, or a | 24 | | similar provision of a local ordinance, shall not | 25 | | be eligible for expungement until 5 years have | 26 | | passed following the satisfactory termination of |
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| 1 | | the supervision. | 2 | | (i-5) Those arrests or charges that resulted | 3 | | in orders of supervision for a misdemeanor | 4 | | violation of subsection (a) of Section 11-503 of | 5 | | the Illinois Vehicle Code or a similar provision of | 6 | | a local ordinance, that occurred prior to the | 7 | | offender reaching the age of 25 years and the | 8 | | offender has no other conviction for violating | 9 | | Section 11-501 or 11-503 of the Illinois Vehicle | 10 | | Code or a similar provision of a local ordinance | 11 | | shall not be eligible for expungement until the | 12 | | petitioner has reached the age of 25 years. | 13 | | (ii) Those arrests or charges that resulted in | 14 | | orders
of supervision for any other offenses shall | 15 | | not be
eligible for expungement until 2 years have | 16 | | passed
following the satisfactory termination of | 17 | | the supervision. | 18 | | (C) When the arrest or charge not initiated by | 19 | | arrest sought to
be expunged resulted in an order of | 20 | | qualified probation, successfully
completed by the | 21 | | petitioner, such records shall not be eligible for
| 22 | | expungement until 5 years have passed following the | 23 | | satisfactory
termination of the probation. | 24 | | (3) Those records maintained by the Department for
| 25 | | persons arrested prior to their 17th birthday shall be
| 26 | | expunged as provided in Section 5-915 of the Juvenile Court
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| 1 | | Act of 1987. | 2 | | (4) Whenever a person has been arrested for or | 3 | | convicted of any
offense, in the name of a person whose | 4 | | identity he or she has stolen or otherwise
come into | 5 | | possession of, the aggrieved person from whom the identity
| 6 | | was stolen or otherwise obtained without authorization,
| 7 | | upon learning of the person having been arrested using his
| 8 | | or her identity, may, upon verified petition to the chief | 9 | | judge of
the circuit wherein the arrest was made, have a | 10 | | court order
entered nunc pro tunc by the Chief Judge to | 11 | | correct the
arrest record, conviction record, if any, and | 12 | | all official
records of the arresting authority, the | 13 | | Department, other
criminal justice agencies, the | 14 | | prosecutor, and the trial
court concerning such arrest, if | 15 | | any, by removing his or her name
from all such records in | 16 | | connection with the arrest and
conviction, if any, and by | 17 | | inserting in the records the
name of the offender, if known | 18 | | or ascertainable, in lieu of
the aggrieved's name. The | 19 | | records of the circuit court clerk shall be sealed until | 20 | | further order of
the court upon good cause shown and the | 21 | | name of the
aggrieved person obliterated on the official | 22 | | index
required to be kept by the circuit court clerk under
| 23 | | Section 16 of the Clerks of Courts Act, but the order shall
| 24 | | not affect any index issued by the circuit court clerk
| 25 | | before the entry of the order. Nothing in this Section
| 26 | | shall limit the Department of State Police or other
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| 1 | | criminal justice agencies or prosecutors from listing
| 2 | | under an offender's name the false names he or she has
| 3 | | used. | 4 | | (5) Whenever a person has been convicted of criminal
| 5 | | sexual assault, aggravated criminal sexual assault,
| 6 | | predatory criminal sexual assault of a child, criminal
| 7 | | sexual abuse, or aggravated criminal sexual abuse, the
| 8 | | victim of that offense may request that the State's
| 9 | | Attorney of the county in which the conviction occurred
| 10 | | file a verified petition with the presiding trial judge at
| 11 | | the petitioner's trial to have a court order entered to | 12 | | seal
the records of the circuit court clerk in connection
| 13 | | with the proceedings of the trial court concerning that
| 14 | | offense. However, the records of the arresting authority
| 15 | | and the Department of State Police concerning the offense
| 16 | | shall not be sealed. The court, upon good cause shown,
| 17 | | shall make the records of the circuit court clerk in
| 18 | | connection with the proceedings of the trial court
| 19 | | concerning the offense available for public inspection. | 20 | | (6) If a conviction has been set aside on direct review
| 21 | | or on collateral attack and the court determines by clear
| 22 | | and convincing evidence that the petitioner was factually
| 23 | | innocent of the charge, the court that finds the petitioner | 24 | | factually innocent of the charge shall enter an
expungement | 25 | | order for the conviction for which the petitioner has been | 26 | | determined to be innocent as provided in subsection (b) of |
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| 1 | | Section
5-5-4 of the Unified Code of Corrections. | 2 | | (7) Nothing in this Section shall prevent the | 3 | | Department of
State Police from maintaining all records of | 4 | | any person who
is admitted to probation upon terms and | 5 | | conditions and who
fulfills those terms and conditions | 6 | | pursuant to Section 10
of the Cannabis Control Act, Section | 7 | | 410 of the Illinois
Controlled Substances Act, Section 70 | 8 | | of the
Methamphetamine Control and Community Protection | 9 | | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | 10 | | Corrections, Section 12-4.3 or subdivision (b)(1) of | 11 | | Section 12-3.05 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012, Section 10-102
of the Illinois | 13 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | 14 | | the Substance Use Disorder Act, or Section 10 of the | 15 | | Steroid Control Act. | 16 | | (8) If the petitioner has been granted a certificate of | 17 | | innocence under Section 2-702 of the Code of Civil | 18 | | Procedure, the court that grants the certificate of | 19 | | innocence shall also enter an order expunging the | 20 | | conviction for which the petitioner has been determined to | 21 | | be innocent as provided in subsection (h) of Section 2-702 | 22 | | of the Code of Civil Procedure. | 23 | | (c) Sealing. | 24 | | (1) Applicability. Notwithstanding any other provision | 25 | | of this Act to the contrary, and cumulative with any rights | 26 | | to expungement of criminal records, this subsection |
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| 1 | | authorizes the sealing of criminal records of adults and of | 2 | | minors prosecuted as adults. Subsection (g) of this Section | 3 | | provides for immediate sealing of certain records. | 4 | | (2) Eligible Records. The following records may be | 5 | | sealed: | 6 | | (A) All arrests resulting in release without | 7 | | charging; | 8 | | (B) Arrests or charges not initiated by arrest | 9 | | resulting in acquittal, dismissal, or conviction when | 10 | | the conviction was reversed or vacated, except as | 11 | | excluded by subsection (a)(3)(B); | 12 | | (C) Arrests or charges not initiated by arrest | 13 | | resulting in orders of supervision, including orders | 14 | | of supervision for municipal ordinance violations, | 15 | | successfully completed by the petitioner, unless | 16 | | excluded by subsection (a)(3); | 17 | | (D) Arrests or charges not initiated by arrest | 18 | | resulting in convictions, including convictions on | 19 | | municipal ordinance violations, unless excluded by | 20 | | subsection (a)(3); | 21 | | (E) Arrests or charges not initiated by arrest | 22 | | resulting in orders of first offender probation under | 23 | | Section 10 of the Cannabis Control Act, Section 410 of | 24 | | the Illinois Controlled Substances Act, Section 70 of | 25 | | the Methamphetamine Control and Community Protection | 26 | | Act, or Section 5-6-3.3 of the Unified Code of |
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| 1 | | Corrections; and | 2 | | (F) Arrests or charges not initiated by arrest | 3 | | resulting in felony convictions unless otherwise | 4 | | excluded by subsection (a) paragraph (3) of this | 5 | | Section ; and . | 6 | | (G) Arrests or charges not initiated by arrest | 7 | | resulting in orders of misdemeanor diversion under | 8 | | Section 5-6-3.7 of the Unified Code of Corrections, | 9 | | successfully completed by the petitioner, unless | 10 | | excluded by paragraph (3) of subsection (a); | 11 | | (3) When Records Are Eligible to Be Sealed. Records | 12 | | identified as eligible under subsection (c)(2) may be | 13 | | sealed as follows: | 14 | | (A) Records identified as eligible under | 15 | | subsection (c)(2)(A) and (c)(2)(B) , and (c)(2)(G) may | 16 | | be sealed at any time. | 17 | | (B) Except as otherwise provided in subparagraph | 18 | | (E) of this paragraph (3), records identified as | 19 | | eligible under subsection (c)(2)(C) may be sealed
2 | 20 | | years after the termination of petitioner's last | 21 | | sentence (as defined in subsection (a)(1)(F)). | 22 | | (C) Except as otherwise provided in subparagraph | 23 | | (E) of this paragraph (3), records identified as | 24 | | eligible under subsections (c)(2)(D), (c)(2)(E), and | 25 | | (c)(2)(F) may be sealed 3 years after the termination | 26 | | of the petitioner's last sentence (as defined in |
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| 1 | | subsection (a)(1)(F)). Convictions requiring public | 2 | | registration under the Arsonist Registration Act, the | 3 | | Sex Offender Registration Act, or the Murderer and | 4 | | Violent Offender Against Youth Registration Act may | 5 | | not be sealed until the petitioner is no longer | 6 | | required to register under that relevant Act. | 7 | | (D) Records identified in subsection | 8 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 9 | | reached the age of 25 years. | 10 | | (E) Records identified as eligible under | 11 | | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | 12 | | (c)(2)(F) may be sealed upon termination of the | 13 | | petitioner's last sentence if the petitioner earned a | 14 | | high school diploma, associate's degree, career | 15 | | certificate, vocational technical certification, or | 16 | | bachelor's degree, or passed the high school level Test | 17 | | of General Educational Development, during the period | 18 | | of his or her sentence, aftercare release, or mandatory | 19 | | supervised release. This subparagraph shall apply only | 20 | | to a petitioner who has not completed the same | 21 | | educational goal prior to the period of his or her | 22 | | sentence, aftercare release, or mandatory supervised | 23 | | release. If a petition for sealing eligible records | 24 | | filed under this subparagraph is denied by the court, | 25 | | the time periods under subparagraph (B) or (C) shall | 26 | | apply to any subsequent petition for sealing filed by |
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| 1 | | the petitioner. | 2 | | (4) Subsequent felony convictions. A person may not | 3 | | have
subsequent felony conviction records sealed as | 4 | | provided in this subsection
(c) if he or she is convicted | 5 | | of any felony offense after the date of the
sealing of | 6 | | prior felony convictions as provided in this subsection | 7 | | (c). The court may, upon conviction for a subsequent felony | 8 | | offense, order the unsealing of prior felony conviction | 9 | | records previously ordered sealed by the court. | 10 | | (5) Notice of eligibility for sealing. Upon entry of a | 11 | | disposition for an eligible record under this subsection | 12 | | (c), the petitioner shall be informed by the court of the | 13 | | right to have the records sealed and the procedures for the | 14 | | sealing of the records. | 15 | | (d) Procedure. The following procedures apply to | 16 | | expungement under subsections (b), (e), and (e-6) and sealing | 17 | | under subsections (c) and (e-5): | 18 | | (1) Filing the petition. Upon becoming eligible to | 19 | | petition for
the expungement or sealing of records under | 20 | | this Section, the petitioner shall file a petition | 21 | | requesting the expungement
or sealing of records with the | 22 | | clerk of the court where the arrests occurred or the | 23 | | charges were brought, or both. If arrests occurred or | 24 | | charges were brought in multiple jurisdictions, a petition | 25 | | must be filed in each such jurisdiction. The petitioner | 26 | | shall pay the applicable fee, except no fee shall be |
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| 1 | | required if the petitioner has obtained a court order | 2 | | waiving fees under Supreme Court Rule 298 or it is | 3 | | otherwise waived. | 4 | | (1.5) County fee waiver pilot program.
In a county of | 5 | | 3,000,000 or more inhabitants, no fee shall be required to | 6 | | be paid by a petitioner if the records sought to be | 7 | | expunged or sealed were arrests resulting in release | 8 | | without charging or arrests or charges not initiated by | 9 | | arrest resulting in acquittal, dismissal, or conviction | 10 | | when the conviction was reversed or vacated, unless | 11 | | excluded by subsection (a)(3)(B). The provisions of this | 12 | | paragraph (1.5), other than this sentence, are inoperative | 13 | | on and after January 1, 2019. | 14 | | (2) Contents of petition. The petition shall be
| 15 | | verified and shall contain the petitioner's name, date of
| 16 | | birth, current address and, for each arrest or charge not | 17 | | initiated by
arrest sought to be sealed or expunged, the | 18 | | case number, the date of
arrest (if any), the identity of | 19 | | the arresting authority, and such
other information as the | 20 | | court may require. During the pendency
of the proceeding, | 21 | | the petitioner shall promptly notify the
circuit court | 22 | | clerk of any change of his or her address. If the | 23 | | petitioner has received a certificate of eligibility for | 24 | | sealing from the Prisoner Review Board under paragraph (10) | 25 | | of subsection (a) of Section 3-3-2 of the Unified Code of | 26 | | Corrections, the certificate shall be attached to the |
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| 1 | | petition. | 2 | | (3) Drug test. The petitioner must attach to the | 3 | | petition proof that the petitioner has passed a test taken | 4 | | within 30 days before the filing of the petition showing | 5 | | the absence within his or her body of all illegal | 6 | | substances as defined by the Illinois Controlled | 7 | | Substances Act, the Methamphetamine Control and Community | 8 | | Protection Act, and the Cannabis Control Act if he or she | 9 | | is petitioning to: | 10 | | (A) seal felony records under clause (c)(2)(E); | 11 | | (B) seal felony records for a violation of the | 12 | | Illinois Controlled Substances Act, the | 13 | | Methamphetamine Control and Community Protection Act, | 14 | | or the Cannabis Control Act under clause (c)(2)(F); | 15 | | (C) seal felony records under subsection (e-5); or | 16 | | (D) expunge felony records of a qualified | 17 | | probation under clause (b)(1)(iv). | 18 | | (4) Service of petition. The circuit court clerk shall | 19 | | promptly
serve a copy of the petition and documentation to | 20 | | support the petition under subsection (e-5) or (e-6) on the | 21 | | State's Attorney or
prosecutor charged with the duty of | 22 | | prosecuting the
offense, the Department of State Police, | 23 | | the arresting
agency and the chief legal officer of the | 24 | | unit of local
government effecting the arrest. | 25 | | (5) Objections. | 26 | | (A) Any party entitled to notice of the petition |
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| 1 | | may file an objection to the petition. All objections | 2 | | shall be in writing, shall be filed with the circuit | 3 | | court clerk, and shall state with specificity the basis | 4 | | of the objection. Whenever a person who has been | 5 | | convicted of an offense is granted
a pardon by the | 6 | | Governor which specifically authorizes expungement, an | 7 | | objection to the petition may not be filed. | 8 | | (B) Objections to a petition to expunge or seal | 9 | | must be filed within 60 days of the date of service of | 10 | | the petition. | 11 | | (6) Entry of order. | 12 | | (A) The Chief Judge of the circuit wherein the | 13 | | charge was brought, any judge of that circuit | 14 | | designated by the Chief Judge, or in counties of less | 15 | | than 3,000,000 inhabitants, the presiding trial judge | 16 | | at the petitioner's trial, if any, shall rule on the | 17 | | petition to expunge or seal as set forth in this | 18 | | subsection (d)(6). | 19 | | (B) Unless the State's Attorney or prosecutor, the | 20 | | Department of
State Police, the arresting agency, or | 21 | | the chief legal officer
files an objection to the | 22 | | petition to expunge or seal within 60 days from the | 23 | | date of service of the petition, the court shall enter | 24 | | an order granting or denying the petition. | 25 | | (C) Notwithstanding any other provision of law, | 26 | | the court shall not deny a petition for sealing under |
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| 1 | | this Section because the petitioner has not satisfied | 2 | | an outstanding legal financial obligation established, | 3 | | imposed, or originated by a court, law enforcement | 4 | | agency, or a municipal, State, county, or other unit of | 5 | | local government, including, but not limited to, any | 6 | | cost, assessment, fine, or fee. An outstanding legal | 7 | | financial obligation does not include any court | 8 | | ordered restitution to a victim under Section 5-5-6 of | 9 | | the Unified Code of Corrections, unless the | 10 | | restitution has been converted to a civil judgment. | 11 | | Nothing in this subparagraph (C) waives, rescinds, or | 12 | | abrogates a legal financial obligation or otherwise | 13 | | eliminates or affects the right of the holder of any | 14 | | financial obligation to pursue collection under | 15 | | applicable federal, State, or local law. | 16 | | (7) Hearings. If an objection is filed, the court shall | 17 | | set a date for a hearing and notify the petitioner and all | 18 | | parties entitled to notice of the petition of the hearing | 19 | | date at least 30 days prior to the hearing. Prior to the | 20 | | hearing, the State's Attorney shall consult with the | 21 | | Department as to the appropriateness of the relief sought | 22 | | in the petition to expunge or seal. At the hearing, the | 23 | | court shall hear evidence on whether the petition should or | 24 | | should not be granted, and shall grant or deny the petition | 25 | | to expunge or seal the records based on the evidence | 26 | | presented at the hearing. The court may consider the |
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| 1 | | following: | 2 | | (A) the strength of the evidence supporting the | 3 | | defendant's conviction; | 4 | | (B) the reasons for retention of the conviction | 5 | | records by the State; | 6 | | (C) the petitioner's age, criminal record history, | 7 | | and employment history; | 8 | | (D) the period of time between the petitioner's | 9 | | arrest on the charge resulting in the conviction and | 10 | | the filing of the petition under this Section; and | 11 | | (E) the specific adverse consequences the | 12 | | petitioner may be subject to if the petition is denied. | 13 | | (8) Service of order. After entering an order to | 14 | | expunge or
seal records, the court must provide copies of | 15 | | the order to the
Department, in a form and manner | 16 | | prescribed by the Department,
to the petitioner, to the | 17 | | State's Attorney or prosecutor
charged with the duty of | 18 | | prosecuting the offense, to the
arresting agency, to the | 19 | | chief legal officer of the unit of
local government | 20 | | effecting the arrest, and to such other
criminal justice | 21 | | agencies as may be ordered by the court. | 22 | | (9) Implementation of order. | 23 | | (A) Upon entry of an order to expunge records | 24 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | 25 | | (i) the records shall be expunged (as defined | 26 | | in subsection (a)(1)(E)) by the arresting agency, |
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| 1 | | the Department, and any other agency as ordered by | 2 | | the court, within 60 days of the date of service of | 3 | | the order, unless a motion to vacate, modify, or | 4 | | reconsider the order is filed pursuant to | 5 | | paragraph (12) of subsection (d) of this Section; | 6 | | (ii) the records of the circuit court clerk | 7 | | shall be impounded until further order of the court | 8 | | upon good cause shown and the name of the | 9 | | petitioner obliterated on the official index | 10 | | required to be kept by the circuit court clerk | 11 | | under Section 16 of the Clerks of Courts Act, but | 12 | | the order shall not affect any index issued by the | 13 | | circuit court clerk before the entry of the order; | 14 | | and | 15 | | (iii) in response to an inquiry for expunged | 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 | | (B) Upon entry of an order to expunge records | 21 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | 22 | | (i) the records shall be expunged (as defined | 23 | | in subsection (a)(1)(E)) by the arresting agency | 24 | | and any other agency as ordered by the court, | 25 | | within 60 days of the date of service of the order, | 26 | | unless a motion to vacate, modify, or reconsider |
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| 1 | | the order is filed pursuant to paragraph (12) of | 2 | | subsection (d) of this Section; | 3 | | (ii) the records of the circuit court clerk | 4 | | shall be impounded until further order of the court | 5 | | upon good cause shown and the name of the | 6 | | petitioner obliterated on the official index | 7 | | required to be kept by the circuit court clerk | 8 | | under Section 16 of the Clerks of Courts Act, but | 9 | | the order shall not affect any index issued by the | 10 | | circuit court clerk before the entry of the order; | 11 | | (iii) the records shall be impounded by the
| 12 | | Department within 60 days of the date of service of | 13 | | the order as ordered by the court, unless a motion | 14 | | to vacate, modify, or reconsider the order is filed | 15 | | pursuant to paragraph (12) of subsection (d) of | 16 | | this Section; | 17 | | (iv) records impounded by the Department may | 18 | | be disseminated by the Department only as required | 19 | | by law or to the arresting authority, the State's | 20 | | Attorney, and the court upon a later arrest for the | 21 | | same or a similar offense or for the purpose of | 22 | | sentencing for any subsequent felony, and to the | 23 | | Department of Corrections upon conviction for any | 24 | | offense; and | 25 | | (v) in response to an inquiry for such records | 26 | | from anyone not authorized by law to access such |
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| 1 | | records, the court, the Department, or the agency | 2 | | receiving such inquiry shall reply as it does in | 3 | | response to inquiries when no records ever | 4 | | existed. | 5 | | (B-5) Upon entry of an order to expunge records | 6 | | under subsection (e-6): | 7 | | (i) the records shall be expunged (as defined | 8 | | in subsection (a)(1)(E)) by the arresting agency | 9 | | and any other agency as ordered by the court, | 10 | | within 60 days of the date of service of the order, | 11 | | unless a motion to vacate, modify, or reconsider | 12 | | the order is filed under paragraph (12) of | 13 | | subsection (d) of this Section; | 14 | | (ii) the records of the circuit court clerk | 15 | | shall be impounded until further order of the court | 16 | | upon good cause shown and the name of the | 17 | | petitioner obliterated on the official index | 18 | | required to be kept by the circuit court clerk | 19 | | under Section 16 of the Clerks of Courts Act, but | 20 | | the order shall not affect any index issued by the | 21 | | circuit court clerk before the entry of the order; | 22 | | (iii) the records shall be impounded by the
| 23 | | Department within 60 days of the date of service of | 24 | | the order as ordered by the court, unless a motion | 25 | | to vacate, modify, or reconsider the order is filed | 26 | | under paragraph (12) of subsection (d) of this |
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| 1 | | Section; | 2 | | (iv) records impounded by the Department may | 3 | | be disseminated by the Department only as required | 4 | | by law or to the arresting authority, the State's | 5 | | Attorney, and the court upon a later arrest for the | 6 | | same or a similar offense or for the purpose of | 7 | | sentencing for any subsequent felony, and to the | 8 | | Department of Corrections upon conviction for any | 9 | | offense; and | 10 | | (v) in response to an inquiry for these records | 11 | | from anyone not authorized by law to access the | 12 | | records, the court, the Department, or the agency | 13 | | receiving the inquiry shall reply as it does in | 14 | | response to inquiries when no records ever | 15 | | existed. | 16 | | (C) Upon entry of an order to seal records under | 17 | | subsection
(c), the arresting agency, any other agency | 18 | | as ordered by the court, the Department, and the court | 19 | | shall seal the records (as defined in subsection | 20 | | (a)(1)(K)). In response to an inquiry for such records, | 21 | | from anyone not authorized by law to access such | 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 existed. | 25 | | (D) The Department shall send written notice to the | 26 | | petitioner of its compliance with each order to expunge |
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| 1 | | or seal records within 60 days of the date of service | 2 | | of that order or, if a motion to vacate, modify, or | 3 | | reconsider is filed, within 60 days of service of the | 4 | | order resolving the motion, if that order requires the | 5 | | Department to expunge or seal records. In the event of | 6 | | an appeal from the circuit court order, the Department | 7 | | shall send written notice to the petitioner of its | 8 | | compliance with an Appellate Court or Supreme Court | 9 | | judgment to expunge or seal records within 60 days of | 10 | | the issuance of the court's mandate. The notice is not | 11 | | required while any motion to vacate, modify, or | 12 | | reconsider, or any appeal or petition for | 13 | | discretionary appellate review, is pending. | 14 | | (E) Upon motion, the court may order that a sealed | 15 | | judgment or other court record necessary to | 16 | | demonstrate the amount of any legal financial | 17 | | obligation due and owing be made available for the | 18 | | limited purpose of collecting any legal financial | 19 | | obligations owed by the petitioner that were | 20 | | established, imposed, or originated in the criminal | 21 | | proceeding for which those records have been sealed. | 22 | | The records made available under this subparagraph (E) | 23 | | shall not be entered into the official index required | 24 | | to be kept by the circuit court clerk under Section 16 | 25 | | of the Clerks of Courts Act and shall be immediately | 26 | | re-impounded upon the collection of the outstanding |
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| 1 | | financial obligations. | 2 | | (F) Notwithstanding any other provision of this | 3 | | Section, a circuit court clerk may access a sealed | 4 | | record for the limited purpose of collecting payment | 5 | | for any legal financial obligations that were | 6 | | established, imposed, or originated in the criminal | 7 | | proceedings for which those records have been sealed. | 8 | | (10) Fees. The Department may charge the petitioner a | 9 | | fee equivalent to the cost of processing any order to | 10 | | expunge or seal records. Notwithstanding any provision of | 11 | | the Clerks of Courts Act to the contrary, the circuit court | 12 | | clerk may charge a fee equivalent to the cost associated | 13 | | with the sealing or expungement of records by the circuit | 14 | | court clerk. From the total filing fee collected for the | 15 | | petition to seal or expunge, the circuit court clerk shall | 16 | | deposit $10 into the Circuit Court Clerk Operation and | 17 | | Administrative Fund, to be used to offset the costs | 18 | | incurred by the circuit court clerk in performing the | 19 | | additional duties required to serve the petition to seal or | 20 | | expunge on all parties. The circuit court clerk shall | 21 | | collect and forward the Department of State Police portion | 22 | | of the fee to the Department and it shall be deposited in | 23 | | the State Police Services Fund. If the record brought under | 24 | | an expungement petition was previously sealed under this | 25 | | Section, the fee for the expungement petition for that same | 26 | | record shall be waived. |
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| 1 | | (11) Final Order. No court order issued under the | 2 | | expungement or sealing provisions of this Section shall | 3 | | become final for purposes of appeal until 30 days after | 4 | | service of the order on the petitioner and all parties | 5 | | entitled to notice of the petition. | 6 | | (12) Motion to Vacate, Modify, or Reconsider. Under | 7 | | Section 2-1203 of the Code of Civil Procedure, the | 8 | | petitioner or any party entitled to notice may file a | 9 | | motion to vacate, modify, or reconsider the order granting | 10 | | or denying the petition to expunge or seal within 60 days | 11 | | of service of the order. If filed more than 60 days after | 12 | | service of the order, a petition to vacate, modify, or | 13 | | reconsider shall comply with subsection (c) of Section | 14 | | 2-1401 of the Code of Civil Procedure. Upon filing of a | 15 | | motion to vacate, modify, or reconsider, notice of the | 16 | | motion shall be served upon the petitioner and all parties | 17 | | entitled to notice of the petition. | 18 | | (13) Effect of Order. An order granting a petition | 19 | | under the expungement or sealing provisions of this Section | 20 | | shall not be considered void because it fails to comply | 21 | | with the provisions of this Section or because of any error | 22 | | asserted in a motion to vacate, modify, or reconsider. The | 23 | | circuit court retains jurisdiction to determine whether | 24 | | the order is voidable and to vacate, modify, or reconsider | 25 | | its terms based on a motion filed under paragraph (12) of | 26 | | this subsection (d). |
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| 1 | | (14) Compliance with Order Granting Petition to Seal | 2 | | Records. Unless a court has entered a stay of an order | 3 | | granting a petition to seal, all parties entitled to notice | 4 | | of the petition must fully comply with the terms of the | 5 | | order within 60 days of service of the order even if a | 6 | | party is seeking relief from the order through a motion | 7 | | filed under paragraph (12) of this subsection (d) or is | 8 | | appealing the order. | 9 | | (15) Compliance with Order Granting Petition to | 10 | | Expunge Records. While a party is seeking relief from the | 11 | | order granting the petition to expunge through a motion | 12 | | filed under paragraph (12) of this subsection (d) or is | 13 | | appealing the order, and unless a court has entered a stay | 14 | | of that order, the parties entitled to notice of the | 15 | | petition must seal, but need not expunge, the records until | 16 | | there is a final order on the motion for relief or, in the | 17 | | case of an appeal, the issuance of that court's mandate. | 18 | | (16) The changes to this subsection (d) made by Public | 19 | | Act 98-163 apply to all petitions pending on August 5, 2013 | 20 | | (the effective date of Public Act 98-163) and to all orders | 21 | | ruling on a petition to expunge or seal on or after August | 22 | | 5, 2013 (the effective date of Public Act 98-163). | 23 | | (e) Whenever a person who has been convicted of an offense | 24 | | is granted
a pardon by the Governor which specifically | 25 | | authorizes expungement, he or she may,
upon verified petition | 26 | | to the Chief Judge of the circuit where the person had
been |
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| 1 | | convicted, any judge of the circuit designated by the Chief | 2 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 3 | | presiding trial judge at the
defendant's trial, have a court | 4 | | order entered expunging the record of
arrest from the official | 5 | | records of the arresting authority and order that the
records | 6 | | of the circuit court clerk and the Department be sealed until
| 7 | | further order of the court upon good cause shown or as | 8 | | otherwise provided
herein, and the name of the defendant | 9 | | obliterated from the official index
requested to be kept by the | 10 | | circuit court clerk under Section 16 of the Clerks
of Courts | 11 | | Act in connection with the arrest and conviction for the | 12 | | offense for
which he or she had been pardoned but the order | 13 | | shall not affect any index issued by
the circuit court clerk | 14 | | before the entry of the order. All records sealed by
the | 15 | | Department may be disseminated by the Department only to the | 16 | | arresting authority, the State's Attorney, and the court upon a | 17 | | later
arrest for the same or similar offense or for the purpose | 18 | | of sentencing for any
subsequent felony. Upon conviction for | 19 | | any subsequent offense, the Department
of Corrections shall | 20 | | have access to all sealed records of the Department
pertaining | 21 | | to that individual. Upon entry of the order of expungement, the
| 22 | | circuit court clerk shall promptly mail a copy of the order to | 23 | | the
person who was pardoned. | 24 | | (e-5) Whenever a person who has been convicted of an | 25 | | offense is granted a certificate of eligibility for sealing by | 26 | | the Prisoner Review Board which specifically authorizes |
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| 1 | | sealing, he or she may, upon verified petition to the Chief | 2 | | Judge of the circuit where the person had been convicted, any | 3 | | judge of the circuit designated by the Chief Judge, or in | 4 | | counties of less than 3,000,000 inhabitants, the presiding | 5 | | trial judge at the petitioner's trial, have a court order | 6 | | entered sealing the record of arrest from the official records | 7 | | of the arresting authority and order that the records of the | 8 | | circuit court clerk and the Department be sealed until further | 9 | | order of the court upon good cause shown or as otherwise | 10 | | provided herein, and the name of the petitioner obliterated | 11 | | from the official index requested to be kept by the circuit | 12 | | court clerk under Section 16 of the Clerks of Courts Act in | 13 | | connection with the arrest and conviction for the offense for | 14 | | which he or she had been granted the certificate but the order | 15 | | shall not affect any index issued by the circuit court clerk | 16 | | before the entry of the order. All records sealed by the | 17 | | Department may be disseminated by the Department only as | 18 | | required by this Act or to the arresting authority, a law | 19 | | enforcement agency, the State's Attorney, and the court upon a | 20 | | later arrest for the same or similar offense or for the purpose | 21 | | of sentencing for any subsequent felony. Upon conviction for | 22 | | any subsequent offense, the Department of Corrections shall | 23 | | have access to all sealed records of the Department pertaining | 24 | | to that individual. Upon entry of the order of sealing, the | 25 | | circuit court clerk shall promptly mail a copy of the order to | 26 | | the person who was granted the certificate of eligibility for |
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| 1 | | sealing. | 2 | | (e-6) Whenever a person who has been convicted of an | 3 | | offense is granted a certificate of eligibility for expungement | 4 | | by the Prisoner Review Board which specifically authorizes | 5 | | expungement, he or she may, upon verified petition to the Chief | 6 | | Judge of the circuit where the person had been convicted, any | 7 | | judge of the circuit designated by the Chief Judge, or in | 8 | | counties of less than 3,000,000 inhabitants, the presiding | 9 | | trial judge at the petitioner's trial, have a court order | 10 | | entered expunging the record of arrest from the official | 11 | | records of the arresting authority and order that the records | 12 | | of the circuit court clerk and the Department be sealed until | 13 | | further order of the court upon good cause shown or as | 14 | | otherwise provided herein, and the name of the petitioner | 15 | | obliterated from the official index requested to be kept by the | 16 | | circuit court clerk under Section 16 of the Clerks of Courts | 17 | | Act in connection with the arrest and conviction for the | 18 | | offense for which he or she had been granted the certificate | 19 | | but the order shall not affect any index issued by the circuit | 20 | | court clerk before the entry of the order. All records sealed | 21 | | by the Department may be disseminated by the Department only as | 22 | | required by this Act or to the arresting authority, a law | 23 | | enforcement agency, the State's Attorney, and the court upon a | 24 | | later arrest for the same or similar offense or for the purpose | 25 | | of sentencing for any subsequent felony. Upon conviction for | 26 | | any subsequent offense, the Department of Corrections shall |
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| 1 | | have access to all expunged records of the Department | 2 | | pertaining to that individual. Upon entry of the order of | 3 | | expungement, the circuit court clerk shall promptly mail a copy | 4 | | of the order to the person who was granted the certificate of | 5 | | eligibility for expungement. | 6 | | (f) Subject to available funding, the Illinois Department
| 7 | | of Corrections shall conduct a study of the impact of sealing,
| 8 | | especially on employment and recidivism rates, utilizing a
| 9 | | random sample of those who apply for the sealing of their
| 10 | | criminal records under Public Act 93-211. At the request of the
| 11 | | Illinois Department of Corrections, records of the Illinois
| 12 | | Department of Employment Security shall be utilized as
| 13 | | appropriate to assist in the study. The study shall not
| 14 | | disclose any data in a manner that would allow the
| 15 | | identification of any particular individual or employing unit.
| 16 | | The study shall be made available to the General Assembly no
| 17 | | later than September 1, 2010.
| 18 | | (g) Immediate Sealing. | 19 | | (1) Applicability. Notwithstanding any other provision | 20 | | of this Act to the contrary, and cumulative with any rights | 21 | | to expungement or sealing of criminal records, this | 22 | | subsection authorizes the immediate sealing of criminal | 23 | | records of adults and of minors prosecuted as adults. | 24 | | (2) Eligible Records. Arrests or charges not initiated | 25 | | by arrest resulting in acquittal or dismissal with | 26 | | prejudice, except as excluded by subsection (a)(3)(B), |
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| 1 | | that occur on or after January 1, 2018 (the effective date | 2 | | of Public Act 100-282), may be sealed immediately if the | 3 | | petition is filed with the circuit court clerk on the same | 4 | | day and during the same hearing in which the case is | 5 | | disposed. | 6 | | (3) When Records are Eligible to be Immediately Sealed. | 7 | | Eligible records under paragraph (2) of this subsection (g) | 8 | | may be sealed immediately after entry of the final | 9 | | disposition of a case, notwithstanding the disposition of | 10 | | other charges in the same case. | 11 | | (4) Notice of Eligibility for Immediate Sealing. Upon | 12 | | entry of a disposition for an eligible record under this | 13 | | subsection (g), the defendant shall be informed by the | 14 | | court of his or her right to have eligible records | 15 | | immediately sealed and the procedure for the immediate | 16 | | sealing of these records. | 17 | | (5) Procedure. The following procedures apply to | 18 | | immediate sealing under this subsection (g). | 19 | | (A) Filing the Petition. Upon entry of the final | 20 | | disposition of the case, the defendant's attorney may | 21 | | immediately petition the court, on behalf of the | 22 | | defendant, for immediate sealing of eligible records | 23 | | under paragraph (2) of this subsection (g) that are | 24 | | entered on or after January 1, 2018 (the effective date | 25 | | of Public Act 100-282). The immediate sealing petition | 26 | | may be filed with the circuit court clerk during the |
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| 1 | | hearing in which the final disposition of the case is | 2 | | entered. If the defendant's attorney does not file the | 3 | | petition for immediate sealing during the hearing, the | 4 | | defendant may file a petition for sealing at any time | 5 | | as authorized under subsection (c)(3)(A). | 6 | | (B) Contents of Petition. The immediate sealing | 7 | | petition shall be verified and shall contain the | 8 | | petitioner's name, date of birth, current address, and | 9 | | for each eligible record, the case number, the date of | 10 | | arrest if applicable, the identity of the arresting | 11 | | authority if applicable, and other information as the | 12 | | court may require. | 13 | | (C) Drug Test. The petitioner shall not be required | 14 | | to attach proof that he or she has passed a drug test. | 15 | | (D) Service of Petition. A copy of the petition | 16 | | shall be served on the State's Attorney in open court. | 17 | | The petitioner shall not be required to serve a copy of | 18 | | the petition on any other agency. | 19 | | (E) Entry of Order. The presiding trial judge shall | 20 | | enter an order granting or denying the petition for | 21 | | immediate sealing during the hearing in which it is | 22 | | filed. Petitions for immediate sealing shall be ruled | 23 | | on in the same hearing in which the final disposition | 24 | | of the case is entered. | 25 | | (F) Hearings. The court shall hear the petition for | 26 | | immediate sealing on the same day and during the same |
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| 1 | | hearing in which the disposition is rendered. | 2 | | (G) Service of Order. An order to immediately seal | 3 | | eligible records shall be served in conformance with | 4 | | subsection (d)(8). | 5 | | (H) Implementation of Order. An order to | 6 | | immediately seal records shall be implemented in | 7 | | conformance with subsections (d)(9)(C) and (d)(9)(D). | 8 | | (I) Fees. The fee imposed by the circuit court | 9 | | clerk and the Department of State Police shall comply | 10 | | with paragraph (1) of subsection (d) of this Section. | 11 | | (J) Final Order. No court order issued under this | 12 | | subsection (g) shall become final for purposes of | 13 | | appeal until 30 days after service of the order on the | 14 | | petitioner and all parties entitled to service of the | 15 | | order in conformance with subsection (d)(8). | 16 | | (K) Motion to Vacate, Modify, or Reconsider. Under | 17 | | Section 2-1203 of the Code of Civil Procedure, the | 18 | | petitioner, State's Attorney, or the Department of | 19 | | State Police may file a motion to vacate, modify, or | 20 | | reconsider the order denying the petition to | 21 | | immediately seal within 60 days of service of the | 22 | | order. If filed more than 60 days after service of the | 23 | | order, a petition to vacate, modify, or reconsider | 24 | | shall comply with subsection (c) of Section 2-1401 of | 25 | | the Code of Civil Procedure. | 26 | | (L) Effect of Order. An order granting an immediate |
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| 1 | | sealing petition shall not be considered void because | 2 | | it fails to comply with the provisions of this Section | 3 | | or because of an error asserted in a motion to vacate, | 4 | | modify, or reconsider. The circuit court retains | 5 | | jurisdiction to determine whether the order is | 6 | | voidable, and to vacate, modify, or reconsider its | 7 | | terms based on a motion filed under subparagraph (L) of | 8 | | this subsection (g). | 9 | | (M) Compliance with Order Granting Petition to | 10 | | Seal Records. Unless a court has entered a stay of an | 11 | | order granting a petition to immediately seal, all | 12 | | parties entitled to service of the order must fully | 13 | | comply with the terms of the order within 60 days of | 14 | | service of the order. | 15 | | (h) Sealing; trafficking victims. | 16 | | (1) A trafficking victim as defined by paragraph (10) | 17 | | of subsection (a) of Section 10-9 of the Criminal Code of | 18 | | 2012 shall be eligible to petition for immediate sealing of | 19 | | his or her criminal record upon the completion of his or | 20 | | her last sentence if his or her participation in the | 21 | | underlying offense was a direct result of human trafficking | 22 | | under Section 10-9 of the Criminal Code of 2012 or a severe | 23 | | form of trafficking under the federal Trafficking Victims | 24 | | Protection Act. | 25 | | (2) A petitioner under this subsection (h), in addition | 26 | | to the requirements provided under paragraph (4) of |
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| 1 | | subsection (d) of this Section, shall include in his or her | 2 | | petition a clear and concise statement that: (A) he or she | 3 | | was a victim of human trafficking at the time of the | 4 | | offense; and (B) that his or her participation in the | 5 | | offense was a direct result of human trafficking under | 6 | | Section 10-9 of the Criminal Code of 2012 or a severe form | 7 | | of trafficking under the federal Trafficking Victims | 8 | | Protection Act. | 9 | | (3) If an objection is filed alleging that the | 10 | | petitioner is not entitled to immediate sealing under this | 11 | | subsection (h), the court shall conduct a hearing under | 12 | | paragraph (7) of subsection (d) of this Section and the | 13 | | court shall determine whether the petitioner is entitled to | 14 | | immediate sealing under this subsection (h). A petitioner | 15 | | is eligible for immediate relief under this subsection (h) | 16 | | if he or she shows, by a preponderance of the evidence, | 17 | | that: (A) he or she was a victim of human trafficking at | 18 | | the time of the offense; and (B) that his or her | 19 | | participation in the offense was a direct result of human | 20 | | trafficking under Section 10-9 of the Criminal Code of 2012 | 21 | | or a severe form of trafficking under the federal | 22 | | Trafficking Victims Protection Act. | 23 | | (Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385, | 24 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16; | 25 | | 99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff. | 26 | | 1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, |
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| 1 | | eff. 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; | 2 | | 100-863, eff. 8-14-18; revised 8-30-18.)
| 3 | | Section 10. The Cannabis Control Act is amended by changing | 4 | | Section 10 as follows:
| 5 | | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| 6 | | Sec. 10. (a)
Whenever any person who has not previously | 7 | | been convicted of any felony offense under this Act or any
law | 8 | | of the United States or of any State relating to cannabis, or | 9 | | controlled
substances as defined in the Illinois Controlled | 10 | | Substances Act, pleads
guilty to or is found guilty of | 11 | | violating Sections 4(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of | 12 | | this Act, the court may, without entering a
judgment and with | 13 | | the consent of such person, sentence him to probation.
| 14 | | (a-1) Notwithstanding subsection (a), a defendant shall | 15 | | not be ineligible for a sentence of probation under this | 16 | | Section as a result of having been previously convicted of a | 17 | | Class 4 felony violation of Section 402 of the Illinois | 18 | | Controlled Substances Act or a Class 3 felony violation of | 19 | | Section 60 of the Methamphetamine Control and Community | 20 | | Protection Act prior to the effective date of this amendatory | 21 | | Act of the 101st General Assembly. | 22 | | (b) When a person is placed on probation, the court shall | 23 | | enter an order
specifying a period of probation of 24 months, | 24 | | and shall defer further
proceedings in
the case until the |
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| 1 | | conclusion of the period or until the filing of a petition
| 2 | | alleging violation of a term or condition of probation.
| 3 | | (c) The conditions of probation shall be that the person: | 4 | | (1) not violate
any criminal statute of any jurisdiction; (2) | 5 | | refrain from possession of a
firearm
or other dangerous weapon; | 6 | | (3) submit to periodic drug testing at a time and in
a manner | 7 | | as ordered by the court, but no less than 3 times during the | 8 | | period of
the probation, with the cost of the testing to be | 9 | | paid by the probationer; and
(4) perform no less than 30 hours | 10 | | of community service, provided community
service is available | 11 | | in the jurisdiction and is funded and approved by the
county | 12 | | board. The court may give credit toward the fulfillment of | 13 | | community service hours for participation in activities and | 14 | | treatment as determined by court services.
| 15 | | (d) The court may, in addition to other conditions, require
| 16 | | that the person:
| 17 | | (1) make a report to and appear in person before or | 18 | | participate with the
court or such courts, person, or | 19 | | social service agency as directed by the
court in the order | 20 | | of probation;
| 21 | | (2) pay a fine and costs;
| 22 | | (3) work or pursue a course of study or vocational | 23 | | training;
| 24 | | (4) undergo medical or psychiatric treatment; or | 25 | | treatment for drug
addiction or alcoholism;
| 26 | | (5) attend or reside in a facility established for the |
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| 1 | | instruction or
residence of defendants on probation;
| 2 | | (6) support his dependents;
| 3 | | (7) refrain from possessing a firearm or other | 4 | | dangerous weapon;
| 5 | | (7-5) refrain from having in his or her body the | 6 | | presence of any illicit
drug prohibited by the Cannabis | 7 | | Control Act, the Illinois Controlled
Substances Act, or the | 8 | | Methamphetamine Control and Community Protection Act, | 9 | | unless prescribed by a physician, and submit samples of
his | 10 | | or her blood or urine or both for tests to determine the | 11 | | presence of any
illicit drug;
| 12 | | (8) and in addition, if a minor:
| 13 | | (i) reside with his parents or in a foster home;
| 14 | | (ii) attend school;
| 15 | | (iii) attend a non-residential program for youth;
| 16 | | (iv) contribute to his own support at home or in a | 17 | | foster home.
| 18 | | (e) Upon violation of a term or condition of probation, the
| 19 | | court
may enter a judgment on its original finding of guilt and | 20 | | proceed as otherwise
provided.
| 21 | | (f) Upon fulfillment of the terms and
conditions of | 22 | | probation, the court shall discharge such person and dismiss
| 23 | | the proceedings against him.
| 24 | | (g) A disposition of probation is considered to be a | 25 | | conviction
for the purposes of imposing the conditions of | 26 | | probation and for appeal,
however, discharge and dismissal |
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| 1 | | under this Section is not a conviction for
purposes of | 2 | | disqualification or disabilities imposed by law upon | 3 | | conviction of
a crime (including the additional penalty imposed | 4 | | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | 5 | | of this Act).
| 6 | | (h) A person may not have more than one discharge and | 7 | | dismissal under this Section within a 4-year period.
| 8 | | (i) If a person is convicted of an offense under this Act, | 9 | | the Illinois
Controlled Substances Act, or the Methamphetamine | 10 | | Control and Community Protection Act within 5 years
subsequent | 11 | | to a discharge and dismissal under this Section, the discharge | 12 | | and
dismissal under this Section shall be admissible in the | 13 | | sentencing proceeding
for that conviction
as a factor in | 14 | | aggravation.
| 15 | | (j) Notwithstanding subsection (a), before a person is | 16 | | sentenced to probation under this Section, the court may refer | 17 | | the person to the drug court established in that judicial | 18 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. | 19 | | The drug court team shall evaluate the person's likelihood of | 20 | | successfully completing a sentence of probation under this | 21 | | Section and shall report the results of its evaluation to the | 22 | | court. If the drug court team finds that the person suffers | 23 | | from a substance abuse problem that makes him or her | 24 | | substantially unlikely to successfully complete a sentence of | 25 | | probation under this Section, then the drug court shall set | 26 | | forth its findings in the form of a written order, and the |
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| 1 | | person shall not be sentenced to probation under this Section, | 2 | | but shall be considered for the drug court program. | 3 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, | 4 | | eff. 1-8-18.)
| 5 | | Section 15. The Illinois Controlled Substances Act is | 6 | | amended by changing Sections 402, 408, and 410 as follows:
| 7 | | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| 8 | | Sec. 402. Except as otherwise authorized by this Act, it is | 9 | | unlawful for
any person knowingly to possess a controlled or | 10 | | counterfeit substance or controlled substance analog.
A | 11 | | violation of this Act with respect to each of the controlled | 12 | | substances
listed herein constitutes a single and separate | 13 | | violation of this Act. For purposes of this Section, | 14 | | "controlled substance analog" or "analog"
means a substance, | 15 | | other than a controlled substance, which is not approved by the | 16 | | United States Food and Drug Administration or, if approved, is | 17 | | not dispensed or possessed in accordance with State or federal | 18 | | law, and that has a chemical structure substantially similar to | 19 | | that of a controlled
substance in Schedule I or II, or that was | 20 | | specifically designed to produce
an effect substantially | 21 | | similar to that of a controlled substance in Schedule
I or II. | 22 | | Examples of chemical classes in which controlled substance | 23 | | analogs
are found include, but are not limited to, the | 24 | | following: phenethylamines,
N-substituted piperidines, |
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| 1 | | morphinans, ecgonines, quinazolinones, substituted
indoles, | 2 | | and arylcycloalkylamines. For purposes of this Act, a | 3 | | controlled
substance analog shall be treated in the same manner | 4 | | as the controlled
substance to which it is substantially | 5 | | similar.
| 6 | | (a) Any person who violates this Section with respect to | 7 | | the following
controlled or counterfeit substances and | 8 | | amounts, notwithstanding any of the
provisions of subsections | 9 | | (c) and (d) to the
contrary, is guilty of a Class 1 felony and | 10 | | shall, if sentenced to a term
of imprisonment, be sentenced as | 11 | | provided in this subsection (a) and fined
as provided in | 12 | | subsection (b):
| 13 | | (1) (A) not less than 4 years and not more than 15 | 14 | | years with respect
to 15 grams or more but less than | 15 | | 100 grams of a substance containing heroin;
| 16 | | (B) not less than 6 years and not more than 30 | 17 | | years with respect to 100
grams or more but less than | 18 | | 400 grams of a substance containing heroin;
| 19 | | (C) not less than 8 years and not more than 40 | 20 | | years with respect to 400
grams or more but less than | 21 | | 900 grams of any substance containing heroin;
| 22 | | (D) not less than 10 years and not more than 50 | 23 | | years with respect to
900 grams or more of any | 24 | | substance containing heroin;
| 25 | | (2) (A) not less than 4 years and not more than 15 | 26 | | years with respect
to 15 grams or more but less than |
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| 1 | | 100 grams of any substance containing
cocaine;
| 2 | | (B) not less than 6 years and not more than 30 | 3 | | years with respect to 100
grams or more but less than | 4 | | 400 grams of any substance containing cocaine;
| 5 | | (C) not less than 8 years and not more than 40 | 6 | | years with respect to 400
grams or more but less than | 7 | | 900 grams of any substance containing cocaine;
| 8 | | (D) not less than 10 years and not more than 50 | 9 | | years with respect to
900 grams or more of any | 10 | | substance containing cocaine;
| 11 | | (3) (A) not less than 4 years and not more than 15 | 12 | | years with respect
to 15 grams or more but less than | 13 | | 100 grams of any substance containing
morphine;
| 14 | | (B) not less than 6 years and not more than 30 | 15 | | years with respect to 100
grams or more but less than | 16 | | 400 grams of any substance containing morphine;
| 17 | | (C) not less than 6 years and not more than 40 | 18 | | years with respect to 400
grams or more but less than | 19 | | 900 grams of any substance containing morphine;
| 20 | | (D) not less than 10 years and not more than 50 | 21 | | years with respect to
900 grams or more of any | 22 | | substance containing morphine;
| 23 | | (4) 200 grams or more of any substance containing | 24 | | peyote;
| 25 | | (5) 200 grams or more of any substance containing a | 26 | | derivative of
barbituric acid or any of the salts of a |
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| 1 | | derivative of barbituric acid;
| 2 | | (6) 200 grams or more of any substance containing | 3 | | amphetamine or any salt
of an optical isomer of | 4 | | amphetamine;
| 5 | | (6.5) (blank);
| 6 | | (7) (A) not less than 4 years and not more than 15 | 7 | | years with respect
to: (i) 15 grams or more but less | 8 | | than 100 grams of any substance containing
lysergic | 9 | | acid diethylamide (LSD), or an analog thereof, or (ii) | 10 | | 100 15 or
more objects or 100 15 or more segregated | 11 | | parts of an object or objects but
less than 200 objects | 12 | | or 200 segregated parts of an object or objects
| 13 | | containing in them or having upon them any amount of | 14 | | any substance
containing lysergic acid diethylamide | 15 | | (LSD), or an analog thereof;
| 16 | | (B) not less than 6 years and not more than 30 | 17 | | years with respect
to: (i) 100 grams or more but less | 18 | | than 400 grams of any substance
containing lysergic | 19 | | acid diethylamide (LSD), or an analog thereof, or (ii)
| 20 | | 200 or more objects or 200 or more segregated parts of | 21 | | an object or objects
but less than 600 objects or less | 22 | | than 600 segregated parts of an object or
objects | 23 | | containing in them or having upon them any amount of | 24 | | any substance
containing lysergic acid diethylamide | 25 | | (LSD), or an analog thereof;
| 26 | | (C) not less than 8 years and not more than 40 |
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| 1 | | years with respect
to: (i) 400 grams or more but less | 2 | | than 900 grams of any substance
containing lysergic | 3 | | acid diethylamide (LSD), or an analog thereof, or (ii)
| 4 | | 600 or more objects or 600 or more segregated parts of | 5 | | an object or objects
but less than 1500 objects or 1500 | 6 | | segregated parts of an object or objects
containing in | 7 | | them or having upon them any amount of any substance
| 8 | | containing lysergic acid diethylamide (LSD), or an | 9 | | analog thereof;
| 10 | | (D) not less than 10 years and not more than 50 | 11 | | years with respect
to: (i) 900 grams or more of any | 12 | | substance containing lysergic acid
diethylamide (LSD), | 13 | | or an analog thereof, or (ii) 1500 or more objects or
| 14 | | 1500 or more segregated parts of an object or objects | 15 | | containing in them or
having upon them any amount of a | 16 | | substance containing lysergic acid
diethylamide (LSD), | 17 | | or an analog thereof;
| 18 | | (7.5) (A) not less than 4 years and not more than 15 | 19 | | years with respect
to: (i) 15
grams or more but
less | 20 | | than 100 grams of any substance listed in paragraph | 21 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), | 22 | | (20.1), (21), (25), or (26) of subsection (d) of | 23 | | Section 204, or an
analog or derivative
thereof, or | 24 | | (ii) 15 or more pills, tablets, caplets, capsules, or | 25 | | objects but
less than 200 pills,
tablets, caplets, | 26 | | capsules, or objects containing in them or having upon |
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| 1 | | them
any amount of any
substance listed in paragraph | 2 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 3 | | (20.1),
(21), (25), or (26) of
subsection (d) of | 4 | | Section 204, or an analog or derivative thereof;
| 5 | | (B) not less than 6 years and not more than 30 | 6 | | years with respect to: (i)
100
grams or more but
less | 7 | | than 400 grams of any substance listed in paragraph | 8 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| 9 | | (20.1), (21), (25), or (26) of subsection (d) of | 10 | | Section 204, or an analog or
derivative thereof, or
| 11 | | (ii) 200 or more pills, tablets, caplets, capsules, or | 12 | | objects but less than
600
pills, tablets,
caplets, | 13 | | capsules, or objects containing in them or having upon | 14 | | them any amount
of any
substance
listed in paragraph | 15 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 16 | | (20.1), (21),
(25), or (26) of subsection
(d) of | 17 | | Section 204, or an analog or derivative thereof;
| 18 | | (C) not less than 8 years and not more than 40 | 19 | | years with respect to: (i)
400
grams or more but
less | 20 | | than 900 grams of any substance listed in paragraph | 21 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| 22 | | (20.1), (21), (25), or (26) of subsection (d) of | 23 | | Section 204, or an analog or
derivative thereof,
or | 24 | | (ii) 600 or more pills, tablets, caplets, capsules, or | 25 | | objects but less than
1,500 pills, tablets,
caplets, | 26 | | capsules, or objects containing in them or having upon |
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| 1 | | them any amount
of any
substance listed in paragraph | 2 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 3 | | (20.1),
(21), (25), or (26) of
subsection (d) of | 4 | | Section 204, or an analog or derivative thereof;
| 5 | | (D) not less than 10 years and not more than 50 | 6 | | years with respect to:
(i)
900 grams or more of
any | 7 | | substance listed in paragraph (1), (2), (2.1), (2.2), | 8 | | (3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | 9 | | subsection (d) of Section 204, or an analog or | 10 | | derivative thereof, or (ii)
1,500 or more pills,
| 11 | | tablets, caplets, capsules, or objects containing in | 12 | | them or having upon them
any amount of a
substance | 13 | | listed in paragraph (1), (2), (2.1), (2.2), (3), | 14 | | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
| 15 | | subsection (d) of Section 204, or an analog or | 16 | | derivative thereof;
| 17 | | (8) 30 grams or more of any substance containing | 18 | | pentazocine or any of
the salts, isomers and salts of | 19 | | isomers of pentazocine, or an analog thereof;
| 20 | | (9) 30 grams or more of any substance containing | 21 | | methaqualone or any
of the salts, isomers and salts of | 22 | | isomers of methaqualone;
| 23 | | (10) 30 grams or more of any substance containing | 24 | | phencyclidine or any
of the salts, isomers and salts of | 25 | | isomers of phencyclidine (PCP);
| 26 | | (10.5) 30 grams or more of any substance containing |
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| 1 | | ketamine or any of
the salts, isomers and salts of isomers | 2 | | of ketamine;
| 3 | | (11) 200 grams or more of any substance containing any | 4 | | substance
classified as a narcotic drug in Schedules I or | 5 | | II, or an analog thereof, which is not otherwise
included | 6 | | in this subsection.
| 7 | | (a-1) Any person who violates this Section with regard to | 8 | | the following controlled substances and amounts is guilty | 9 | | of a Class 4 felony: | 10 | | (1) 3 grams or more but less than 15 grams of a | 11 | | substance containing heroin; | 12 | | (2) 3 grams or more but less than 200 grams of a | 13 | | substance containing fentanyl; | 14 | | (3) 5 grams or more but less than 15 grams of a | 15 | | substance containing cocaine; | 16 | | (4) 4 grams or more but less than 15 grams of a | 17 | | substance containing morphine; | 18 | | (5)(i) 1 gram or more but less than 15 grams of any | 19 | | substance containing lysergic acid diethylamide (LSD); or | 20 | | (ii) more than 40 objects or segregated parts of an object | 21 | | or objects but less than 100 objects or segregated parts of | 22 | | an object or objects containing in them or having upon them | 23 | | any amount of a substance containing lysergic acid | 24 | | diethylamide (LSD), or an analog thereof; | 25 | | (6)(i) 2 grams or more but less than 15 grams of any | 26 | | substance listed in paragraph (1), (2), (2.1), (2.2), (3), |
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| 1 | | (14.1), (19), (20), (20.1), (21), (25), or (26) of | 2 | | subsection (d) of Section 204, or an analog or derivative | 3 | | thereof; or (ii) 5 or more pills, tablets, caplets, | 4 | | capsules, or objects containing in them or having upon them | 5 | | any amount of any substance listed in paragraph (1), (2), | 6 | | (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), | 7 | | or (26) of subsection (d) of Section 204, or an analog or | 8 | | derivative thereof; | 9 | | (7) 4 grams or more but less than 30 grams of any | 10 | | substance containing pentazocine or any of the salts, | 11 | | isomers and salts of isomers of pentazocine, or an analog | 12 | | thereof; | 13 | | (8) 3 grams or more but less than 15 grams of any | 14 | | substance containing phencyclidine or any of the salts, | 15 | | isomers and salts of isomers of phencyclidine (PCP), or an | 16 | | analog thereof; | 17 | | (9) 3 grams or more but less than 30 grams of any | 18 | | substance containing ketamine or any of the salts, isomers | 19 | | and salts of isomers of ketamine; | 20 | | (10)(i) 4 grams or more but less than 200 grams of a | 21 | | substance containing hydrocodone, dihydrocodeine, | 22 | | oxycodone, or any of the salts, isomers, and salts of | 23 | | isomers of hydrocodone, dihydrocodeine, or oxycodone, or | 24 | | an analog thereof; or (ii) more than 40 pills, tablets, | 25 | | caplets, capsules, or objects but less than 100 pills, | 26 | | tablets, capsules, or objects containing hydrocodone, |
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| 1 | | dihydrocodeine, oxycodone, or any of the salts, isomers, | 2 | | and salts of isomers of hydrocodone, dihydrocodeine, or | 3 | | oxycodone, or an analog of hydrocodone, dihydrocodeine, or | 4 | | oxycodone. | 5 | | The fine for a violation punishable under this subsection | 6 | | (a-1) shall not be more than $25,000. | 7 | | (a-5) Any person who violates this Section with regard to | 8 | | the following controlled substances and amounts is guilty of a | 9 | | Class A misdemeanor: | 10 | | (1) less than 3 grams of a substance containing heroin; | 11 | | (2) less than 3 grams of a substance containing | 12 | | fentanyl or an analog thereof; | 13 | | (3) less than 5 grams of a substance containing | 14 | | cocaine; | 15 | | (4) less than 4 grams of a substance containing | 16 | | morphine; | 17 | | (5)(i) less than 1 gram of any substance containing | 18 | | lysergic acid diethylamide (LSD); or (ii) less than 40 | 19 | | objects or segregated parts of an object or objects | 20 | | containing in them or having upon them any amount of a | 21 | | substance containing lysergic acid diethylamide (LSD), or | 22 | | an analog thereof; | 23 | | (6)(i) less than 2 grams of any substance listed in | 24 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 25 | | (20.1), (21), (25), or (26) of subsection (d) of Section | 26 | | 204, or an analog or derivative thereof; or (ii) less than |
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| 1 | | 5 pills, tablets, caplets, capsules, or objects containing | 2 | | in them or having upon them any amount of any substance | 3 | | listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), | 4 | | (19), (20), (20.1), (21), (25), or (26) of subsection (d) | 5 | | of Section 204, or an analog or derivative thereof; | 6 | | (7) less than 4 grams any substance containing | 7 | | pentazocine or any of the salts, isomers and salts of | 8 | | isomers of pentazocine, or an analog thereof; | 9 | | (8) less than 3 grams of any substance containing | 10 | | phencyclidine or any of the salts, isomers and salts of | 11 | | isomers of phencyclidine (PCP), or an analog thereof; | 12 | | (9) less than 3 grams of any substance containing | 13 | | ketamine or any of the salts, isomers and salts of isomers | 14 | | of ketamine; | 15 | | (10)(i) less than 4 grams of any substance containing | 16 | | hydrocodone, dihydrocodeine, oxycodone, or any of the | 17 | | salts, isomers, and salts of isomers of hydrocodone, | 18 | | dihydrocodeine, or oxycodone, or an analog thereof; or (ii) | 19 | | less than 40 pills, tablets, caplets, capsules, or objects | 20 | | containing hydrocodone, dihydrocodeine, oxycodone, or any | 21 | | of the salts, isomers, and salts of isomers of hydrocodone, | 22 | | dihydrocodeine, or oxycodone, or an analog of hydrocodone, | 23 | | dihydrocodeine, or oxycodone. | 24 | | (b) Any person sentenced with respect to violations of | 25 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | 26 | | involving 100
grams or more of the
controlled substance named |
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| 1 | | therein, may in addition to the penalties
provided therein, be | 2 | | fined an amount not to exceed $200,000 or the full
street value | 3 | | of the controlled or counterfeit substances, whichever is
| 4 | | greater. The term "street value" shall have the meaning
| 5 | | ascribed in Section 110-5 of the Code of Criminal Procedure of | 6 | | 1963. Any
person sentenced with respect to any other provision | 7 | | of subsection (a), may
in addition to the penalties provided | 8 | | therein, be fined an amount not to
exceed $200,000.
| 9 | | (c) Any person who violates this Section with regard to an | 10 | | amount
of a controlled substance other than methamphetamine or | 11 | | counterfeit substance not set forth in
subsection (a) , (a-1), | 12 | | (a-5), or (d) is guilty of a Class A misdemeanor. Class 4 | 13 | | felony. The fine for a
violation punishable under this | 14 | | subsection (c) shall not be more
than $25,000.
| 15 | | (d) Any person who violates this Section with regard to any | 16 | | amount of
anabolic steroid is guilty of a Class C misdemeanor
| 17 | | for the first offense and a Class B misdemeanor for a | 18 | | subsequent offense
committed within 2 years of a prior | 19 | | conviction.
| 20 | | (Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18 .)
| 21 | | (720 ILCS 570/408) (from Ch. 56 1/2, par. 1408)
| 22 | | Sec. 408. Second or subsequent offense; penalties. | 23 | | (a) Any person convicted of a second or subsequent felony | 24 | | offense under this
Act may be sentenced to imprisonment for a | 25 | | term up to twice the maximum
term otherwise authorized, fined |
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| 1 | | an amount up to twice that otherwise
authorized, or both.
| 2 | | (b) For purposes of this Section, an offense is considered | 3 | | a second or
subsequent felony offense, if, prior to his or her | 4 | | conviction of the offense, the
person: | 5 | | (1) has been convicted, subsequent to the effective | 6 | | date of this amendatory Act of the 101st General Assembly, | 7 | | of a felony violation of this Act or the Methamphetamine | 8 | | Control and Community Protection Act or under any | 9 | | substantially similar law of the United States or of any | 10 | | state relating to controlled substances; or | 11 | | (2) has been convicted at any time been convicted of a | 12 | | Class 1 or higher felony violation of under this Act or the | 13 | | Methamphetamine Control and Community Protection Act or | 14 | | under any substantially similar law of the United States or | 15 | | of any state relating to controlled substances. offender | 16 | | has at any time been convicted under this Act or under any | 17 | | law of
the United States or of any State relating to | 18 | | controlled substances.
| 19 | | (Source: P.A. 97-334, eff. 1-1-12.)
| 20 | | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| 21 | | Sec. 410. (a) Whenever any person who has not previously | 22 | | been convicted
of any felony offense under this
Act or any law | 23 | | of the United States or of any State relating to cannabis
or | 24 | | controlled substances, pleads guilty to or is found guilty of | 25 | | possession
of a controlled or counterfeit substance under |
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| 1 | | subsection (a-1) (c) of Section
402 or of unauthorized | 2 | | possession of prescription form under Section 406.2, the court, | 3 | | without entering a judgment and with the consent of such
| 4 | | person, may sentence him or her to probation.
| 5 | | (a-1) Notwithstanding subsection (a), a defendant shall | 6 | | not be ineligible for a sentence of probation under this | 7 | | Section as a result of having been previously convicted of a | 8 | | Class 4 felony violation of Section 402 of the Illinois | 9 | | Controlled Substances Act or a Class 3 felony violation of | 10 | | Section 60 of the Methamphetamine Control and Community | 11 | | Protection Act prior to the effective date of this amendatory | 12 | | Act of the 101st General Assembly. | 13 | | (b) When a person is placed on probation, the court shall | 14 | | enter an order
specifying a period of probation of 24 months | 15 | | and shall defer further
proceedings in the case until the | 16 | | conclusion of the period or until the
filing of a petition | 17 | | alleging violation of a term or condition of probation.
| 18 | | (c) The conditions of probation shall be that the person: | 19 | | (1) not
violate any criminal statute of any jurisdiction; (2) | 20 | | refrain from
possessing a firearm or other dangerous weapon; | 21 | | (3) submit to periodic drug
testing at a time and in a manner | 22 | | as ordered by the court, but no less than 3
times during the | 23 | | period of the probation, with the cost of the testing to be
| 24 | | paid by the probationer; and (4) perform no less than 30 hours | 25 | | of community
service, provided community service is available | 26 | | in the jurisdiction and is
funded
and approved by the county |
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| 1 | | board. The court may give credit toward the fulfillment of | 2 | | community service hours for participation in activities and | 3 | | treatment as determined by court services.
| 4 | | (d) The court may, in addition to other conditions, require | 5 | | that the person:
| 6 | | (1) make a report to and appear in person before or | 7 | | participate with the
court or such courts, person, or | 8 | | social service agency as directed by the
court in the order | 9 | | of probation;
| 10 | | (2) pay a fine and costs;
| 11 | | (3) work or pursue a course of study or vocational
| 12 | | training;
| 13 | | (4) undergo medical or psychiatric treatment; or | 14 | | treatment or
rehabilitation approved by the Illinois | 15 | | Department of Human Services;
| 16 | | (5) attend or reside in a facility established for the | 17 | | instruction or
residence of defendants on probation;
| 18 | | (6) support his or her dependents;
| 19 | | (6-5) refrain from having in his or her body the | 20 | | presence of any illicit
drug prohibited by the Cannabis | 21 | | Control Act, the Illinois Controlled
Substances Act, or the | 22 | | Methamphetamine Control and Community Protection Act, | 23 | | unless prescribed by a physician, and submit samples of
his | 24 | | or her blood or urine or both for tests to determine the | 25 | | presence of any
illicit drug;
| 26 | | (7) and in addition, if a minor:
|
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| 1 | | (i) reside with his or her parents or in a foster | 2 | | home;
| 3 | | (ii) attend school;
| 4 | | (iii) attend a non-residential program for youth;
| 5 | | (iv) contribute to his or her own support at home | 6 | | or in a foster home.
| 7 | | (e) Upon violation of a term or condition of probation, the | 8 | | court
may enter a judgment on its original finding of guilt and | 9 | | proceed as
otherwise provided.
| 10 | | (f) Upon fulfillment of the terms and conditions of | 11 | | probation, the court
shall discharge the person and dismiss the | 12 | | proceedings against him or her.
| 13 | | (g) A disposition of probation is considered to be a | 14 | | conviction
for the purposes of imposing the conditions of | 15 | | probation and for appeal,
however, discharge and dismissal | 16 | | under this Section is not a conviction for
purposes of this Act | 17 | | or for purposes of disqualifications or disabilities
imposed by | 18 | | law upon conviction of a crime.
| 19 | | (h) A person may not have more than one discharge and | 20 | | dismissal under this Section within a 4-year period.
| 21 | | (i) If a person is convicted of an offense under this Act, | 22 | | the Cannabis
Control Act, or the Methamphetamine Control and | 23 | | Community Protection Act within 5 years
subsequent to a | 24 | | discharge and dismissal under this Section, the discharge and
| 25 | | dismissal under this Section shall be admissible in the | 26 | | sentencing proceeding
for that conviction
as evidence in |
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| 1 | | aggravation.
| 2 | | (j) Notwithstanding subsection (a), before a person is | 3 | | sentenced to probation under this Section, the court may refer | 4 | | the person to the drug court established in that judicial | 5 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. | 6 | | The drug court team shall evaluate the person's likelihood of | 7 | | successfully completing a sentence of probation under this | 8 | | Section and shall report the results of its evaluation to the | 9 | | court. If the drug court team finds that the person suffers | 10 | | from a substance abuse problem that makes him or her | 11 | | substantially unlikely to successfully complete a sentence of | 12 | | probation under this Section, then the drug court shall set | 13 | | forth its findings in the form of a written order, and the | 14 | | person shall not be sentenced to probation under this Section, | 15 | | but shall be considered for the drug court program. | 16 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, | 17 | | eff. 1-8-18.)
| 18 | | Section 20. The Methamphetamine Control and Community | 19 | | Protection Act is amended by changing Sections 60 and 70 as | 20 | | follows: | 21 | | (720 ILCS 646/60)
| 22 | | Sec. 60. Methamphetamine possession. | 23 | | (a) It is unlawful knowingly to possess methamphetamine or | 24 | | a substance containing methamphetamine.
|
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| 1 | | (b) A person who violates subsection (a) is subject to the | 2 | | following penalties:
| 3 | | (1) A person who possesses less than 3 5 grams of | 4 | | methamphetamine or a substance containing methamphetamine | 5 | | is guilty of a Class A misdemeanor 3 felony .
| 6 | | (2) A person who possesses 3 5 or more grams but less | 7 | | than 15 grams of methamphetamine or a substance containing | 8 | | methamphetamine is guilty of a Class 4 2 felony.
| 9 | | (3) A person who possesses 15 or more grams but less | 10 | | than 100 grams of methamphetamine or a substance containing | 11 | | methamphetamine is guilty of a Class 1 felony.
| 12 | | (4) A person who possesses 100 or more grams but less | 13 | | than 400 grams of methamphetamine or a substance containing | 14 | | methamphetamine is guilty of a Class X felony, subject to a | 15 | | term of imprisonment of not less than 6 years and not more | 16 | | than 30 years, and subject to a fine not to exceed
| 17 | | $100,000.
| 18 | | (5) A person who possesses 400 or more grams but less | 19 | | than 900 grams of methamphetamine or a substance containing | 20 | | methamphetamine is guilty of a Class X felony, subject to a | 21 | | term of imprisonment of not less than 8 years and not more | 22 | | than 40 years, and subject to a fine not to exceed
| 23 | | $200,000.
| 24 | | (6) A person who possesses 900 or more grams of | 25 | | methamphetamine or a substance containing methamphetamine | 26 | | is guilty of a Class X felony, subject to a term of |
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| 1 | | imprisonment of not less than 10 years and not more than 50 | 2 | | years, and subject to a fine not to exceed $300,000.
| 3 | | (Source: P.A. 94-556, eff. 9-11-05.) | 4 | | (720 ILCS 646/70) | 5 | | Sec. 70. Probation. | 6 | | (a) Whenever any person who has not previously been | 7 | | convicted of any felony offense under this Act, the Illinois | 8 | | Controlled Substances Act, the Cannabis Control Act, or any law | 9 | | of the United States or of any state relating to cannabis or | 10 | | controlled substances, pleads guilty to or is found guilty of | 11 | | felony possession of less than 15 grams of methamphetamine | 12 | | under paragraph (1) or (2) of subsection (b) of Section 60 of | 13 | | this Act, the court, without entering a judgment and with the | 14 | | consent of the person, may sentence him or her to probation.
| 15 | | (a-1) Notwithstanding subsection (a), a defendant shall | 16 | | not be ineligible for a sentence of probation under this | 17 | | Section as a result of having been previously convicted of a | 18 | | Class 4 felony violation of Section 402 of the Illinois | 19 | | Controlled Substances Act or a Class 3 felony violation of | 20 | | Section 60 of the Methamphetamine Control and Community | 21 | | Protection Act prior to the effective date of this amendatory | 22 | | Act of the 101st General Assembly. | 23 | | (b) When a person is placed on probation, the court shall | 24 | | enter an order specifying a period of probation of 24 months | 25 | | and shall defer further proceedings in the case until the |
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| 1 | | conclusion of the period or until the filing of a petition | 2 | | alleging violation of a term or condition of probation.
| 3 | | (c) The conditions of probation shall be that the person: | 4 | | (1) not violate any criminal statute of any | 5 | | jurisdiction; | 6 | | (2) refrain from possessing a firearm or other | 7 | | dangerous weapon; | 8 | | (3) submit to periodic drug testing at a time and in a | 9 | | manner as ordered by the court, but no less than 3 times | 10 | | during the period of the probation, with the cost of the | 11 | | testing to be paid by the probationer; and | 12 | | (4) perform no less than 30 hours of community service, | 13 | | if community service is available in the jurisdiction and | 14 | | is funded and approved by the county board.
The court may | 15 | | give credit toward the fulfillment of community service | 16 | | hours for participation in activities and treatment as | 17 | | determined by court services. | 18 | | (d) The court may, in addition to other conditions, require | 19 | | that the person take one or more of the following actions:
| 20 | | (1) make a report to and appear in person before or | 21 | | participate with the court or such courts, person, or | 22 | | social service agency as directed by the court in the order | 23 | | of probation;
| 24 | | (2) pay a fine and costs;
| 25 | | (3) work or pursue a course of study or vocational | 26 | | training;
|
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| 1 | | (4) undergo medical or psychiatric treatment; or | 2 | | treatment or rehabilitation approved by the Illinois | 3 | | Department of Human Services;
| 4 | | (5) attend or reside in a facility established for the | 5 | | instruction or residence of defendants on probation;
| 6 | | (6) support his or her dependents;
| 7 | | (7) refrain from having in his or her body the presence | 8 | | of any illicit drug prohibited by this Act, the Cannabis | 9 | | Control Act, or the Illinois Controlled Substances Act, | 10 | | unless prescribed by a physician, and submit samples of his | 11 | | or her blood or urine or both for tests to determine the | 12 | | presence of any illicit drug; or
| 13 | | (8) if a minor:
| 14 | | (i) reside with his or her parents or in a foster | 15 | | home;
| 16 | | (ii) attend school;
| 17 | | (iii) attend a non-residential program for youth; | 18 | | or
| 19 | | (iv) contribute to his or her own support at home | 20 | | or in a foster home.
| 21 | | (e) Upon violation of a term or condition of probation, the | 22 | | court may enter a judgment on its original finding of guilt and | 23 | | proceed as otherwise provided.
| 24 | | (f) Upon fulfillment of the terms and conditions of | 25 | | probation, the court shall discharge the person and dismiss the | 26 | | proceedings against the person.
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| 1 | | (g) A disposition of probation is considered to be a | 2 | | conviction for the purposes of imposing the conditions of | 3 | | probation and for appeal, however, discharge and dismissal | 4 | | under this Section is not a conviction for purposes of this Act | 5 | | or for purposes of disqualifications or disabilities imposed by | 6 | | law upon conviction of a crime.
| 7 | | (h) A person may not have more than one discharge and | 8 | | dismissal under this Section within a 4-year period.
| 9 | | (i) If a person is convicted of an offense under this Act, | 10 | | the Cannabis Control Act, or the Illinois Controlled Substances | 11 | | Act within 5 years subsequent to a discharge and dismissal | 12 | | under this Section, the discharge and dismissal under this | 13 | | Section are admissible in the sentencing proceeding for that | 14 | | conviction as evidence in aggravation.
| 15 | | (j) Notwithstanding subsection (a), before a person is | 16 | | sentenced to probation under this Section, the court may refer | 17 | | the person to the drug court established in that judicial | 18 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. | 19 | | The drug court team shall evaluate the person's likelihood of | 20 | | successfully completing a sentence of probation under this | 21 | | Section and shall report the results of its evaluation to the | 22 | | court. If the drug court team finds that the person suffers | 23 | | from a substance abuse problem that makes him or her | 24 | | substantially unlikely to successfully complete a sentence of | 25 | | probation under this Section, then the drug court shall set | 26 | | forth its findings in the form of a written order, and the |
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| 1 | | person shall not be sentenced to probation under this Section, | 2 | | but shall be considered for the drug court program. | 3 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, | 4 | | eff. 1-8-18.) | 5 | | Section 25. The Code of Criminal Procedure of 1963 is | 6 | | amended by adding Section 116-2.2 as follows: | 7 | | (725 ILCS 5/116-2.2 new) | 8 | | Sec. 116-2.2. Retroactive resentencing. | 9 | | (a) A person serving a sentence for an offense for which | 10 | | the statutory penalty has been subsequently reduced under this | 11 | | amendatory Act of the 101st General Assembly may petition the | 12 | | trial court that entered the judgment of conviction to request | 13 | | resentencing in accordance with the statutory penalty in effect | 14 | | at the time of the filing of the petition. | 15 | | (b) If the petition satisfies the criteria in subsection | 16 | | (a), then a new sentencing hearing shall be held in accordance | 17 | | with the Unified Code of Corrections. At the hearing, both the | 18 | | defendant and the State may offer evidence of the defendant's | 19 | | conduct during his or her period of absence from the court. The | 20 | | court may impose any sentence authorized by the Unified Code of | 21 | | Corrections and is not in any way limited or restricted by any | 22 | | sentence previously imposed, except that resentencing under | 23 | | this Section may not result in the imposition of a term of | 24 | | imprisonment longer than the original sentence. A person who is |
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| 1 | | resentenced under this subsection (b) shall be given credit for | 2 | | time served. | 3 | | (c) A person who has completed his or her sentence for a | 4 | | conviction of a felony offense for which the statutory penalty | 5 | | has been subsequently reduced to a misdemeanor under this | 6 | | amendatory Act of the 101st General Assembly may petition the | 7 | | trial court that entered the judgment of conviction to | 8 | | designate the felony conviction as a misdemeanor. | 9 | | (d) If the petition satisfies the criteria in subsection | 10 | | (c), then the court shall enter an order providing that the | 11 | | felony offense of which the person was previously convicted is | 12 | | designated as a misdemeanor under this Section. | 13 | | Section 30. The Unified Code of Corrections is amended by | 14 | | changing Sections 5-6-3.3 and 5-6-3.4 and by adding Section | 15 | | 5-6-3.7 as follows: | 16 | | (730 ILCS 5/5-6-3.3) | 17 | | Sec. 5-6-3.3. Offender Initiative Program. | 18 | | (a) Statement of purpose. The General Assembly seeks to
| 19 | | continue other successful programs that promote public safety,
| 20 | | conserve valuable resources, and reduce recidivism by
| 21 | | defendants who can lead productive lives by creating the
| 22 | | Offender Initiative Program. | 23 | | (a-1) Whenever any person who has not previously been
| 24 | | convicted of any felony offense under the laws of this State, |
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| 1 | | the laws
of any other state, or the laws of the United States, | 2 | | is
arrested for and charged with a probationable felony offense | 3 | | of theft, retail theft, forgery, possession of a stolen motor
| 4 | | vehicle, burglary, possession of burglary tools, deceptive | 5 | | practices, disorderly conduct, criminal damage or trespass to | 6 | | property under Article 21 of the Criminal Code of 2012, | 7 | | criminal trespass to a residence, obstructing justice, or an | 8 | | offense involving fraudulent identification, or a | 9 | | probationable felony offense of possession of
cannabis, | 10 | | possession of a controlled substance, or possession
of | 11 | | methamphetamine, the court, with the consent of the
defendant | 12 | | and the State's Attorney, may continue this matter to
allow a | 13 | | defendant to participate and complete the Offender
Initiative | 14 | | Program. | 15 | | (a-2) Exemptions. A defendant shall not be eligible for | 16 | | this Program if the offense he or she has been arrested for and | 17 | | charged with is a violent offense. For purposes of this
| 18 | | Program, a "violent offense" is any offense where bodily harm
| 19 | | was inflicted or where force was used against any person or
| 20 | | threatened against any person, any offense involving sexual
| 21 | | conduct, sexual penetration, or sexual exploitation, any
| 22 | | offense of domestic violence, domestic battery, violation of an
| 23 | | order of protection, stalking, hate crime, and any offense | 24 | | involving the
possession of a firearm or dangerous weapon. A | 25 | | defendant shall
not be eligible for this Program if he or she | 26 | | has previously
been adjudicated a delinquent minor for the |
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| 1 | | commission of a
violent offense as defined in this subsection. | 2 | | (a-3) Notwithstanding subsection (a-1), a defendant shall | 3 | | not be ineligible for participation in the Program as a result | 4 | | of having been previously convicted of a Class 4 felony | 5 | | violation of Section 402 of the Illinois Controlled Substances | 6 | | Act or a Class 3 felony violation of Section 60 of the | 7 | | Methamphetamine Control and Community Protection Act prior to | 8 | | the effective date of this amendatory Act of the 101st General | 9 | | Assembly. | 10 | | (b) When a defendant is placed in the Program, after both | 11 | | the defendant and State's Attorney waive preliminary hearing | 12 | | pursuant to Section 109-3 of the Code of Criminal Procedure of | 13 | | 1963, the court
shall enter an order specifying that
the | 14 | | proceedings shall be suspended while the defendant is | 15 | | participating in a Program of not less 12 months. | 16 | | (c) The conditions of the Program shall be that the
| 17 | | defendant: | 18 | | (1) not violate any criminal statute of this State or
| 19 | | any other jurisdiction; | 20 | | (2) refrain from possessing a firearm or other
| 21 | | dangerous weapon; | 22 | | (3) make full restitution to the victim or property
| 23 | | owner pursuant to Section 5-5-6 of this Code; | 24 | | (4) obtain employment or perform not less than 30 hours
| 25 | | of community service, provided community service is
| 26 | | available in the county and is funded and approved by the
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| 1 | | county board; and | 2 | | (5) attend educational courses designed to prepare the
| 3 | | defendant for obtaining a high school diploma or to work
| 4 | | toward passing high school equivalency testing or to work | 5 | | toward
completing a vocational training program. | 6 | | (c-1) The court may give credit toward the fulfillment of | 7 | | community service hours for participation in activities and | 8 | | treatment as determined by court services. | 9 | | (d) The court may, in addition to other conditions, require
| 10 | | that the defendant: | 11 | | (1) undergo medical or psychiatric treatment, or
| 12 | | treatment or rehabilitation approved by the Illinois
| 13 | | Department of Human Services; | 14 | | (2) refrain from having in his or her body the presence
| 15 | | of any illicit drug prohibited by the Methamphetamine
| 16 | | Control and Community Protection Act, the Cannabis Control
| 17 | | Act or the Illinois Controlled Substances Act, unless
| 18 | | prescribed by a physician, and submit samples of his or her
| 19 | | blood or urine or both for tests to determine the presence
| 20 | | of any illicit drug; | 21 | | (3) submit to periodic drug testing at a time, manner, | 22 | | and frequency as ordered by the court; | 23 | | (4) pay fines, fees and costs; and | 24 | | (5) in addition, if a minor: | 25 | | (i) reside with his or her parents or in a foster
| 26 | | home; |
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| 1 | | (ii) attend school; | 2 | | (iii) attend a non-residential program for youth;
| 3 | | or | 4 | | (iv) contribute to his or her own support at home
| 5 | | or in a foster home. | 6 | | (e) When the State's Attorney makes a factually specific | 7 | | offer of proof that the defendant has failed to successfully | 8 | | complete the Program or has violated any of the conditions of | 9 | | the Program, the court shall enter an order that the defendant | 10 | | has not successfully completed the Program and continue the | 11 | | case for arraignment pursuant to Section 113-1 of the Code of | 12 | | Criminal Procedure of 1963 for further proceedings as if the | 13 | | defendant had not participated in the Program. | 14 | | (f) Upon fulfillment of the terms and conditions of the
| 15 | | Program, the State's Attorney shall dismiss the case or the | 16 | | court shall discharge the person and dismiss the
proceedings | 17 | | against the person. | 18 | | (g) A person may only have one discharge and dismissal | 19 | | under
this Section within a 4-year period.
| 20 | | (h) Notwithstanding subsection (a-1), if the court finds | 21 | | that the defendant suffers from a substance abuse problem, then | 22 | | before the person participates in the Program under this | 23 | | Section, the court may refer the person to the drug court | 24 | | established in that judicial circuit pursuant to Section 15 of | 25 | | the Drug Court Treatment Act. The drug court team shall | 26 | | evaluate the person's likelihood of successfully fulfilling |
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| 1 | | the terms and conditions of the Program under this Section and | 2 | | shall report the results of its evaluation to the court. If the | 3 | | drug court team finds that the person suffers from a substance | 4 | | abuse problem that makes him or her substantially unlikely to | 5 | | successfully fulfill the terms and conditions of the Program, | 6 | | then the drug court shall set forth its findings in the form of | 7 | | a written order, and the person shall be ineligible to | 8 | | participate in the Program under this Section, but shall be | 9 | | considered for the drug court program. | 10 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, | 11 | | eff. 1-8-18.) | 12 | | (730 ILCS 5/5-6-3.4) | 13 | | Sec. 5-6-3.4. Second Chance Probation. | 14 | | (a) Whenever any person who has not previously been | 15 | | convicted of any felony offense under the laws of this State, | 16 | | the laws of any other state, or the laws of the United States, | 17 | | and pleads guilty to, or is found guilty of , possession of less | 18 | | than 15 grams of a controlled substance; possession of
less | 19 | | than 15 grams of methamphetamine; or a probationable felony | 20 | | violation offense of Section 402 of the Illinois Controlled | 21 | | Substances Act, a probationable felony violation of Section 60 | 22 | | of the Methamphetamine Control and Community Protection Act, or | 23 | | a probationable felony offense of possession of cannabis, | 24 | | theft, retail theft, forgery, deceptive practices, possession | 25 | | of a stolen motor vehicle, burglary, possession of burglary |
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| 1 | | tools, disorderly conduct, criminal damage or trespass to | 2 | | property under Article 21 of the Criminal Code of 2012, | 3 | | criminal trespass to a residence, an offense involving | 4 | | fraudulent identification, or obstructing justice; or | 5 | | possession of cannabis, the court, with the consent of the | 6 | | defendant and the State's Attorney, may, without entering a | 7 | | judgment, sentence the defendant to probation under this | 8 | | Section. | 9 | | (a-1) Exemptions. A defendant is not eligible for this | 10 | | probation if the offense he or she pleads guilty to, or is | 11 | | found guilty of, is a violent offense, or he or she has | 12 | | previously been convicted of a violent offense. For purposes of | 13 | | this probation, a "violent offense" is any offense where bodily | 14 | | harm was inflicted or where force was used against any person | 15 | | or threatened against any person, any offense involving sexual | 16 | | conduct, sexual penetration, or sexual exploitation, any | 17 | | offense of domestic violence, domestic battery, violation of an | 18 | | order of protection, stalking, hate crime, and any offense | 19 | | involving the possession of a firearm or dangerous weapon. A | 20 | | defendant shall not be eligible for this probation if he or she | 21 | | has previously been adjudicated a delinquent minor for the | 22 | | commission of a violent offense as defined in this subsection. | 23 | | (a-2) Notwithstanding subsection (a-1), a defendant shall | 24 | | not be ineligible for a sentence of probation under this | 25 | | Section as a result of having been previously convicted of a | 26 | | Class 4 felony violation of Section 402 of the Illinois |
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| 1 | | Controlled Substances Act or a Class 3 felony violation of | 2 | | Section 60 of the Methamphetamine Control and Community | 3 | | Protection Act prior to the effective date of this amendatory | 4 | | Act of the 101st General Assembly. | 5 | | (b) When a defendant is placed on probation, the court | 6 | | shall enter an order specifying a period of probation of not | 7 | | less than 24 months and shall defer further proceedings in the | 8 | | case until the conclusion of the period or until the filing of | 9 | | a petition alleging violation of a term or condition of | 10 | | probation. | 11 | | (c) The conditions of probation shall be that the | 12 | | defendant: | 13 | | (1) not violate any criminal statute of this State or | 14 | | any other jurisdiction; | 15 | | (2) refrain from possessing a firearm or other | 16 | | dangerous weapon; | 17 | | (3) make full restitution to the victim or property | 18 | | owner under Section 5-5-6 of this Code; | 19 | | (4) obtain or attempt to obtain employment; | 20 | | (5) pay fines and costs; | 21 | | (6) attend educational courses designed to prepare the | 22 | | defendant for obtaining a high school diploma or to work | 23 | | toward passing high school equivalency testing or to work | 24 | | toward completing a vocational training program; | 25 | | (7) submit to periodic drug testing at a time and in a | 26 | | manner as ordered by the court, but no less than 3 times |
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| 1 | | during the period of probation, with the cost of the | 2 | | testing to be paid by the defendant; and | 3 | | (8) perform a minimum of 30 hours of community service. | 4 | | The court may give credit toward the fulfillment of | 5 | | community service hours for participation in activities | 6 | | and treatment as determined by court services. | 7 | | (d) The court may, in addition to other conditions, require | 8 | | that the defendant: | 9 | | (1) make a report to and appear in person before or | 10 | | participate with the court or such courts, person, or | 11 | | social service agency as directed by the court in the order | 12 | | of probation; | 13 | | (2) undergo medical or psychiatric treatment, or | 14 | | treatment or rehabilitation approved by the Illinois | 15 | | Department of Human Services; | 16 | | (3) attend or reside in a facility established for the | 17 | | instruction or residence of defendants on probation; | 18 | | (4) support his or her dependents; or | 19 | | (5) refrain from having in his or her body the presence | 20 | | of any illicit drug prohibited by the Methamphetamine | 21 | | Control and Community Protection Act, the Cannabis Control | 22 | | Act, or the Illinois Controlled Substances Act, unless | 23 | | prescribed by a physician, and submit samples of his or her | 24 | | blood or urine or both for tests to determine the presence | 25 | | of any illicit drug. | 26 | | (e) Upon violation of a term or condition of probation, the |
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| 1 | | court may enter a judgment on its original finding of guilt and | 2 | | proceed as otherwise provided by law. | 3 | | (f) Upon fulfillment of the terms and conditions of | 4 | | probation, the court shall discharge the person and dismiss the | 5 | | proceedings against the person. | 6 | | (g) A disposition of probation is considered to be a | 7 | | conviction for the purposes of imposing the conditions of | 8 | | probation and for appeal; however, a discharge and dismissal | 9 | | under this Section is not a conviction for purposes of this | 10 | | Code or for purposes of disqualifications or disabilities | 11 | | imposed by law upon conviction of a crime. | 12 | | (h) A person may only have one discharge and dismissal | 13 | | under this Section within a 4-year period. | 14 | | (i) If a person is convicted of any offense which occurred | 15 | | within 5 years subsequent to a discharge and dismissal under | 16 | | this Section, the discharge and dismissal under this Section | 17 | | shall be admissible in the sentencing proceeding for that | 18 | | conviction as evidence in aggravation.
| 19 | | (j) Notwithstanding subsection (a), if the court finds that | 20 | | the defendant suffers from a substance abuse problem, then | 21 | | before the person is placed on probation under this Section, | 22 | | the court may refer the person to the drug court established in | 23 | | that judicial circuit pursuant to Section 15 of the Drug Court | 24 | | Treatment Act. The drug court team shall evaluate the person's | 25 | | likelihood of successfully fulfilling the terms and conditions | 26 | | of probation under this Section and shall report the results of |
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| 1 | | its evaluation to the court. If the drug court team finds that | 2 | | the person suffers from a substance abuse problem that makes | 3 | | him or her substantially unlikely to successfully fulfill the | 4 | | terms and conditions of probation under this Section, then the | 5 | | drug court shall set forth its findings in the form of a | 6 | | written order, and the person shall be ineligible to be placed | 7 | | on probation under this Section, but shall be considered for | 8 | | the drug court program. | 9 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, | 10 | | eff. 1-8-18.) | 11 | | (730 ILCS 5/5-6-3.7 new) | 12 | | Sec. 5-6-3.7. Misdemeanor diversion program. | 13 | | (a) The General Assembly seeks to promote public safety, | 14 | | conserve valuable resources, and reduce recidivism by | 15 | | establishing a Misdemeanor Diversion Program. | 16 | | (b) In this Section: | 17 | | (1) "Appropriate and accessible" means an organization | 18 | | providing services that are likely to be needed by a | 19 | | participant in the Program, and whose location and hours of | 20 | | service make transportation to and from reasonable for the | 21 | | participant. | 22 | | (2) "Human services organization" means any | 23 | | organization equipped to provide screening services | 24 | | described in paragraph (2) of subsection (e) or authorized | 25 | | by the State to perform behavioral health treatment or |
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| 1 | | substance use intervention and treatment or other social | 2 | | services, including, but not limited to, homeless | 3 | | services, education, and job training and placement. | 4 | | (3) "Violent offense" means any offense in which bodily | 5 | | harm was inflicted or in which force was used against any | 6 | | person or threatened against any person, any offense | 7 | | involving sexual conduct, sexual penetration, or sexual | 8 | | exploitation, any offense of domestic violence, domestic | 9 | | battery, violation of an order of protection, stalking, or | 10 | | hate crime. | 11 | | (c) Any circuit court or the State's Attorney of any county | 12 | | may establish a Misdemeanor Diversion Program in accordance | 13 | | with this Section. | 14 | | (d) Whenever any person who does not have a felony case | 15 | | pending is arrested for and charged with a misdemeanor offense | 16 | | that is not a violent offense and does not involve the | 17 | | possession of a firearm or dangerous weapon, the court, with | 18 | | the consent of the defendant, may suspend the proceedings prior | 19 | | to the entry of a finding of guilt or plea of guilty to | 20 | | ascertain the defendant's eligibility to participate in and | 21 | | complete the Misdemeanor Diversion Program. If the Program was | 22 | | established by the State's Attorney, then except as otherwise | 23 | | provided in this subsection (d), the defendant's eligibility to | 24 | | participate in the Program shall be within the discretion of | 25 | | the State's Attorney. | 26 | | (e) The State's Attorney shall be responsible for |
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| 1 | | identifying eligible defendants. Placement into the Program | 2 | | shall include the following: | 3 | | (1) At the defendant's initial court appearance | 4 | | appearance or soon as the defendant's eligibility for the | 5 | | Program may be ascertained, the State's Attorney shall | 6 | | inform the defendant of the existence of the Program, the | 7 | | need for a preliminary screen for behavioral health or | 8 | | other social service needs, the requirements for | 9 | | successful completion, the implications of non-compliance, | 10 | | and that successful completion shall result in dismissal of | 11 | | the charge and the defendant's eligibility to petition for | 12 | | sealing or expungement of his or her record with no waiting | 13 | | period. | 14 | | (2) If the defendant agrees, the defendant shall be | 15 | | immediately referred to a human services organization that | 16 | | shall perform a brief screening to determine the presence | 17 | | of any substance use, mental health, or other social | 18 | | service needs experienced by the defendant. | 19 | | (3) If the screen does not indicate the defendant's | 20 | | need for services, the court shall continue the case for | 21 | | further proceedings under the Code of Criminal Procedure of | 22 | | 1963. | 23 | | (4) If the screen indicates a need for services, the | 24 | | defendant shall be considered eligible for participation. | 25 | | Participation is voluntary. To participate, the defendant | 26 | | shall sign a written agreement with the court that he or |
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| 1 | | she understands and agrees to the conditions of | 2 | | participation, as set forth in subsection (f) of this | 3 | | Section. | 4 | | (5) Upon acceptance of the agreement by the court, the | 5 | | human services organization responsible for the screening | 6 | | shall refer the defendant to an appropriate and accessible | 7 | | human services organization responsible for conducting a | 8 | | comprehensive assessment and developing a service plan, as | 9 | | described in subsection (f) of this Section. | 10 | | (6) At such time as it is known, the human services | 11 | | organization responsible for the screening shall report to | 12 | | the court that the individual has successfully or | 13 | | unsuccessfully completed the conditions of participation. | 14 | | (f) The defendant shall agree to submit to a more | 15 | | comprehensive assessment of behavioral health and other social | 16 | | service needs conducted by the human services organization to | 17 | | which the defendant is referred. As a result of this | 18 | | assessment, the organization shall prepare recommendations for | 19 | | treatment and other social services which would likely benefit | 20 | | the defendant, which the human services organization shall | 21 | | present to and discuss with the defendant who may agree to | 22 | | pursue treatment voluntarily. Adherence to the service plan | 23 | | recommendations may not be a condition of participation. | 24 | | Completion of all of the conditions of participation shall | 25 | | occur no more than 90 days from the date of admission into the | 26 | | Program. |
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| 1 | | (g) Under no circumstances shall the human services | 2 | | organization performing either the brief screening, referral, | 3 | | and reporting under subsection (e) or the assessment and | 4 | | service recommendations under subsection (f) be required to | 5 | | perform those services in the absence of reimbursement for | 6 | | those services. The human services organization may already | 7 | | have an existing mechanism for reimbursement, or a new | 8 | | mechanism may be created by way of agreement with the court, | 9 | | the State's Attorney, or the jurisdiction in which the | 10 | | Misdemeanor Diversion Program was developed specifically for | 11 | | the purposes of the Program. | 12 | | (h) If all conditions of participation have been met, the | 13 | | defendant shall be deemed to have successfully completed the | 14 | | Program and the court shall dismiss the proceedings against the | 15 | | defendant. Discharge and dismissal shall not be considered a | 16 | | conviction for purposes of disqualification or disability | 17 | | imposed by law upon conviction of a crime. | 18 | | (i) Non-compliance with the conditions of participation, | 19 | | or failure to complete the conditions of participation within | 20 | | 90 days, shall be considered a violation and the court shall | 21 | | continue the case for further proceedings under the Code of | 22 | | Criminal Procedure of 1963, as if the defendant had not | 23 | | participated in the Program. ".
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