Full Text of SB3258 097th General Assembly
SB3258enr 97TH GENERAL ASSEMBLY |
| | SB3258 Enrolled | | LRB097 15082 RLC 60175 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Identification Act is amended by | 5 | | changing Section 5.2 as follows: | 6 | | (20 ILCS 2630/5.2) | 7 | | Sec. 5.2. Expungement and sealing. | 8 | | (a) General Provisions. | 9 | | (1) Definitions. In this Act, words and phrases have
| 10 | | the meanings set forth in this subsection, except when a
| 11 | | particular context clearly requires a different meaning. | 12 | | (A) The following terms shall have the meanings | 13 | | ascribed to them in the Unified Code of Corrections, | 14 | | 730 ILCS 5/5-1-2 through 5/5-1-22: | 15 | | (i) Business Offense (730 ILCS 5/5-1-2), | 16 | | (ii) Charge (730 ILCS 5/5-1-3), | 17 | | (iii) Court (730 ILCS 5/5-1-6), | 18 | | (iv) Defendant (730 ILCS 5/5-1-7), | 19 | | (v) Felony (730 ILCS 5/5-1-9), | 20 | | (vi) Imprisonment (730 ILCS 5/5-1-10), | 21 | | (vii) Judgment (730 ILCS 5/5-1-12), | 22 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), | 23 | | (ix) Offense (730 ILCS 5/5-1-15), |
| | | SB3258 Enrolled | - 2 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (x) Parole (730 ILCS 5/5-1-16), | 2 | | (xi) Petty Offense (730 ILCS 5/5-1-17), | 3 | | (xii) Probation (730 ILCS 5/5-1-18), | 4 | | (xiii) Sentence (730 ILCS 5/5-1-19), | 5 | | (xiv) Supervision (730 ILCS 5/5-1-21), and | 6 | | (xv) Victim (730 ILCS 5/5-1-22). | 7 | | (B) As used in this Section, "charge not initiated | 8 | | by arrest" means a charge (as defined by 730 ILCS | 9 | | 5/5-1-3) brought against a defendant where the | 10 | | defendant is not arrested prior to or as a direct | 11 | | result of the charge. | 12 | | (C) "Conviction" means a judgment of conviction or | 13 | | sentence entered upon a plea of guilty or upon a | 14 | | verdict or finding of guilty of an offense, rendered by | 15 | | a legally constituted jury or by a court of competent | 16 | | jurisdiction authorized to try the case without a jury. | 17 | | An order of supervision successfully completed by the | 18 | | petitioner is not a conviction. An order of qualified | 19 | | probation (as defined in subsection (a)(1)(J)) | 20 | | successfully completed by the petitioner is not a | 21 | | conviction. An order of supervision or an order of | 22 | | qualified probation that is terminated | 23 | | unsatisfactorily is a conviction, unless the | 24 | | unsatisfactory termination is reversed, vacated, or | 25 | | modified and the judgment of conviction, if any, is | 26 | | reversed or vacated. |
| | | SB3258 Enrolled | - 3 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (D) "Criminal offense" means a petty offense, | 2 | | business offense, misdemeanor, felony, or municipal | 3 | | ordinance violation (as defined in subsection | 4 | | (a)(1)(H)). As used in this Section, a minor traffic | 5 | | offense (as defined in subsection (a)(1)(G)) shall not | 6 | | be considered a criminal offense. | 7 | | (E) "Expunge" means to physically destroy the | 8 | | records or return them to the petitioner and to | 9 | | obliterate the petitioner's name from any official | 10 | | index or public record, or both. Nothing in this Act | 11 | | shall require the physical destruction of the circuit | 12 | | court file, but such records relating to arrests or | 13 | | charges, or both, ordered expunged shall be impounded | 14 | | as required by subsections (d)(9)(A)(ii) and | 15 | | (d)(9)(B)(ii). | 16 | | (F) As used in this Section, "last sentence" means | 17 | | the sentence, order of supervision, or order of | 18 | | qualified probation (as defined by subsection | 19 | | (a)(1)(J)), for a criminal offense (as defined by | 20 | | subsection (a)(1)(D)) that terminates last in time in | 21 | | any jurisdiction, regardless of whether the petitioner | 22 | | has included the criminal offense for which the | 23 | | sentence or order of supervision or qualified | 24 | | probation was imposed in his or her petition. If | 25 | | multiple sentences, orders of supervision, or orders | 26 | | of qualified probation terminate on the same day and |
| | | SB3258 Enrolled | - 4 - | LRB097 15082 RLC 60175 b |
|
| 1 | | are last in time, they shall be collectively considered | 2 | | the "last sentence" regardless of whether they were | 3 | | ordered to run concurrently. | 4 | | (G) "Minor traffic offense" means a petty offense, | 5 | | business offense, or Class C misdemeanor under the | 6 | | Illinois Vehicle Code or a similar provision of a | 7 | | municipal or local ordinance. | 8 | | (H) "Municipal ordinance violation" means an | 9 | | offense defined by a municipal or local ordinance that | 10 | | is criminal in nature and with which the petitioner was | 11 | | charged or for which the petitioner was arrested and | 12 | | released without charging. | 13 | | (I) "Petitioner" means an adult or a minor | 14 | | prosecuted as an
adult who has applied for relief under | 15 | | this Section. | 16 | | (J) "Qualified probation" means an order of | 17 | | probation under Section 10 of the Cannabis Control Act, | 18 | | Section 410 of the Illinois Controlled Substances Act, | 19 | | Section 70 of the Methamphetamine Control and | 20 | | Community Protection Act, Section 12-4.3(b)(1) and (2) | 21 | | of the Criminal Code of 1961 (as those provisions | 22 | | existed before their deletion by Public Act 89-313), | 23 | | Section 10-102 of the Illinois Alcoholism and Other | 24 | | Drug Dependency Act, Section 40-10 of the Alcoholism | 25 | | and Other Drug Abuse and Dependency Act, or Section 10 | 26 | | of the Steroid Control Act. For the purpose of this |
| | | SB3258 Enrolled | - 5 - | LRB097 15082 RLC 60175 b |
|
| 1 | | Section, "successful completion" of an order of | 2 | | qualified probation under Section 10-102 of the | 3 | | Illinois Alcoholism and Other Drug Dependency Act and | 4 | | Section 40-10 of the Alcoholism and Other Drug Abuse | 5 | | and Dependency Act means that the probation was | 6 | | terminated satisfactorily and the judgment of | 7 | | conviction was vacated. | 8 | | (K) "Seal" means to physically and electronically | 9 | | maintain the records, unless the records would | 10 | | otherwise be destroyed due to age, but to make the | 11 | | records unavailable without a court order, subject to | 12 | | the exceptions in Sections 12 and 13 of this Act. The | 13 | | petitioner's name shall also be obliterated from the | 14 | | official index required to be kept by the circuit court | 15 | | clerk under Section 16 of the Clerks of Courts Act, but | 16 | | any index issued by the circuit court clerk before the | 17 | | entry of the order to seal shall not be affected. | 18 | | (L) "Sexual offense committed against a minor" | 19 | | includes but is
not limited to the offenses of indecent | 20 | | solicitation of a child
or criminal sexual abuse when | 21 | | the victim of such offense is
under 18 years of age. | 22 | | (M) "Terminate" as it relates to a sentence or | 23 | | order of supervision or qualified probation includes | 24 | | either satisfactory or unsatisfactory termination of | 25 | | the sentence, unless otherwise specified in this | 26 | | Section. |
| | | SB3258 Enrolled | - 6 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (2) Minor Traffic Offenses.
Orders of supervision or | 2 | | convictions for minor traffic offenses shall not affect a | 3 | | petitioner's eligibility to expunge or seal records | 4 | | pursuant to this Section. | 5 | | (3) Exclusions. Except as otherwise provided in | 6 | | subsections (b)(5), (b)(6), and (e) of this Section, the | 7 | | court shall not order: | 8 | | (A) the sealing or expungement of the records of | 9 | | arrests or charges not initiated by arrest that result | 10 | | in an order of supervision for or conviction of:
(i) | 11 | | any sexual offense committed against a
minor; (ii) | 12 | | Section 11-501 of the Illinois Vehicle Code or a | 13 | | similar provision of a local ordinance; or (iii) | 14 | | Section 11-503 of the Illinois Vehicle Code or a | 15 | | similar provision of a local ordinance , unless the | 16 | | arrest or charge is for a misdemeanor violation of | 17 | | subsection (a) of Section 11-503 or a similar provision | 18 | | of a local ordinance, that occurred prior to the | 19 | | offender reaching the age of 25 years and the offender | 20 | | has no other conviction for violating Section 11-501 or | 21 | | 11-503 of the Illinois Vehicle Code or a similar | 22 | | provision of a local ordinance . | 23 | | (B) the sealing or expungement of records of minor | 24 | | traffic offenses (as defined in subsection (a)(1)(G)), | 25 | | unless the petitioner was arrested and released | 26 | | without charging. |
| | | SB3258 Enrolled | - 7 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (C) the sealing of the records of arrests or | 2 | | charges not initiated by arrest which result in an | 3 | | order of supervision, an order of qualified probation | 4 | | (as defined in subsection (a)(1)(J)), or a conviction | 5 | | for the following offenses: | 6 | | (i) offenses included in Article 11 of the | 7 | | Criminal Code of 1961 or a similar provision of a | 8 | | local ordinance, except Section 11-14 of the | 9 | | Criminal Code of 1961 or a similar provision of a | 10 | | local ordinance; | 11 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or | 12 | | 26-5 of the Criminal Code of 1961 or a similar | 13 | | provision of a local ordinance; | 14 | | (iii) offenses defined as "crimes of violence" | 15 | | in Section 2 of the Crime Victims Compensation Act | 16 | | or a similar provision of a local ordinance; | 17 | | (iv) offenses which are Class A misdemeanors | 18 | | under the Humane Care for Animals Act; or | 19 | | (v) any offense or attempted offense that | 20 | | would subject a person to registration under the | 21 | | Sex Offender Registration Act. | 22 | | (D) the sealing of the records of an arrest which | 23 | | results in
the petitioner being charged with a felony | 24 | | offense or records of a charge not initiated by arrest | 25 | | for a felony offense unless: | 26 | | (i) the charge is amended to a misdemeanor and |
| | | SB3258 Enrolled | - 8 - | LRB097 15082 RLC 60175 b |
|
| 1 | | is otherwise
eligible to be sealed pursuant to | 2 | | subsection (c); | 3 | | (ii) the charge is brought along with another | 4 | | charge as a part of one case and the charge results | 5 | | in acquittal, dismissal, or conviction when the | 6 | | conviction was reversed or vacated, and another | 7 | | charge brought in the same case results in a | 8 | | disposition for a misdemeanor offense that is | 9 | | eligible to be sealed pursuant to subsection (c) or | 10 | | a disposition listed in paragraph (i), (iii), or | 11 | | (iv) of this subsection; | 12 | | (iii) the charge results in first offender | 13 | | probation as set forth in subsection (c)(2)(E); | 14 | | (iv) the charge is for a Class 4 felony offense | 15 | | listed in subsection (c)(2)(F) or the charge is | 16 | | amended to a Class 4 felony offense listed in | 17 | | subsection (c)(2)(F). Records of arrests which | 18 | | result in the petitioner being charged with a Class | 19 | | 4 felony offense listed in subsection (c)(2)(F), | 20 | | records of charges not initiated by arrest for | 21 | | Class 4 felony offenses listed in subsection | 22 | | (c)(2)(F), and records of charges amended to a | 23 | | Class 4 felony offense listed in (c)(2)(F) may be | 24 | | sealed, regardless of the disposition, subject to | 25 | | any waiting periods set forth in subsection | 26 | | (c)(3); |
| | | SB3258 Enrolled | - 9 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (v) the charge results in acquittal, | 2 | | dismissal, or the petitioner's release without | 3 | | conviction; or | 4 | | (vi) the charge results in a conviction, but | 5 | | the conviction was reversed or vacated. | 6 | | (b) Expungement. | 7 | | (1) A petitioner may petition the circuit court to | 8 | | expunge the
records of his or her arrests and charges not | 9 | | initiated by arrest when: | 10 | | (A) He or she has never been convicted of a | 11 | | criminal offense; and | 12 | | (B) Each arrest or charge not initiated by arrest
| 13 | | sought to be expunged resulted in:
(i) acquittal, | 14 | | dismissal, or the petitioner's release without | 15 | | charging, unless excluded by subsection (a)(3)(B);
| 16 | | (ii) a conviction which was vacated or reversed, unless | 17 | | excluded by subsection (a)(3)(B);
(iii) an order of | 18 | | supervision and such supervision was successfully | 19 | | completed by the petitioner, unless excluded by | 20 | | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | 21 | | qualified probation (as defined in subsection | 22 | | (a)(1)(J)) and such probation was successfully | 23 | | completed by the petitioner. | 24 | | (2) Time frame for filing a petition to expunge. | 25 | | (A) When the arrest or charge not initiated by | 26 | | arrest sought to be expunged resulted in an acquittal, |
| | | SB3258 Enrolled | - 10 - | LRB097 15082 RLC 60175 b |
|
| 1 | | dismissal, the petitioner's release without charging, | 2 | | or the reversal or vacation of a conviction, there is | 3 | | no waiting period to petition for the expungement of | 4 | | such records. | 5 | | (B) When the arrest or charge not initiated by | 6 | | arrest
sought to be expunged resulted in an order of | 7 | | supervision, successfully
completed by the petitioner, | 8 | | the following time frames will apply: | 9 | | (i) Those arrests or charges that resulted in | 10 | | orders of
supervision under Section 3-707, 3-708, | 11 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | 12 | | similar provision of a local ordinance, or under | 13 | | Section 11-1.50, 12-3.2 , or 12-15 of the Criminal | 14 | | Code of 1961 or a similar provision of a local | 15 | | ordinance, shall not be eligible for expungement | 16 | | until 5 years have passed following the | 17 | | satisfactory termination of the supervision. | 18 | | (i-5) Those arrests or charges that resulted | 19 | | in orders of supervision for a misdemeanor | 20 | | violation of subsection (a) of Section 11-503 of | 21 | | the Illinois Vehicle Code or a similar provision of | 22 | | a local ordinance, that occurred prior to the | 23 | | offender reaching the age of 25 years and the | 24 | | offender has no other conviction for violating | 25 | | Section 11-501 or 11-503 of the Illinois Vehicle | 26 | | Code or a similar provision of a local ordinance |
| | | SB3258 Enrolled | - 11 - | LRB097 15082 RLC 60175 b |
|
| 1 | | shall not be eligible for expungement until the | 2 | | petitioner has reached the age of 25 years. | 3 | | (ii) Those arrests or charges that resulted in | 4 | | orders
of supervision for any other offenses shall | 5 | | not be
eligible for expungement until 2 years have | 6 | | passed
following the satisfactory termination of | 7 | | the supervision. | 8 | | (C) When the arrest or charge not initiated by | 9 | | arrest sought to
be expunged resulted in an order of | 10 | | qualified probation, successfully
completed by the | 11 | | petitioner, such records shall not be eligible for
| 12 | | expungement until 5 years have passed following the | 13 | | satisfactory
termination of the probation. | 14 | | (3) Those records maintained by the Department for
| 15 | | persons arrested prior to their 17th birthday shall be
| 16 | | expunged as provided in Section 5-915 of the Juvenile Court
| 17 | | Act of 1987. | 18 | | (4) Whenever a person has been arrested for or | 19 | | convicted of any
offense, in the name of a person whose | 20 | | identity he or she has stolen or otherwise
come into | 21 | | possession of, the aggrieved person from whom the identity
| 22 | | was stolen or otherwise obtained without authorization,
| 23 | | upon learning of the person having been arrested using his
| 24 | | or her identity, may, upon verified petition to the chief | 25 | | judge of
the circuit wherein the arrest was made, have a | 26 | | court order
entered nunc pro tunc by the Chief Judge to |
| | | SB3258 Enrolled | - 12 - | LRB097 15082 RLC 60175 b |
|
| 1 | | correct the
arrest record, conviction record, if any, and | 2 | | all official
records of the arresting authority, the | 3 | | Department, other
criminal justice agencies, the | 4 | | prosecutor, and the trial
court concerning such arrest, if | 5 | | any, by removing his or her name
from all such records in | 6 | | connection with the arrest and
conviction, if any, and by | 7 | | inserting in the records the
name of the offender, if known | 8 | | or ascertainable, in lieu of
the aggrieved's name. The | 9 | | records of the circuit court clerk shall be sealed until | 10 | | further order of
the court upon good cause shown and the | 11 | | name of the
aggrieved person obliterated on the official | 12 | | index
required to be kept by the circuit court clerk under
| 13 | | Section 16 of the Clerks of Courts Act, but the order shall
| 14 | | not affect any index issued by the circuit court clerk
| 15 | | before the entry of the order. Nothing in this Section
| 16 | | shall limit the Department of State Police or other
| 17 | | criminal justice agencies or prosecutors from listing
| 18 | | under an offender's name the false names he or she has
| 19 | | used. | 20 | | (5) Whenever a person has been convicted of criminal
| 21 | | sexual assault, aggravated criminal sexual assault,
| 22 | | predatory criminal sexual assault of a child, criminal
| 23 | | sexual abuse, or aggravated criminal sexual abuse, the
| 24 | | victim of that offense may request that the State's
| 25 | | Attorney of the county in which the conviction occurred
| 26 | | file a verified petition with the presiding trial judge at
|
| | | SB3258 Enrolled | - 13 - | LRB097 15082 RLC 60175 b |
|
| 1 | | the petitioner's trial to have a court order entered to | 2 | | seal
the records of the circuit court clerk in connection
| 3 | | with the proceedings of the trial court concerning that
| 4 | | offense. However, the records of the arresting authority
| 5 | | and the Department of State Police concerning the offense
| 6 | | shall not be sealed. The court, upon good cause shown,
| 7 | | shall make the records of the circuit court clerk in
| 8 | | connection with the proceedings of the trial court
| 9 | | concerning the offense available for public inspection. | 10 | | (6) If a conviction has been set aside on direct review
| 11 | | or on collateral attack and the court determines by clear
| 12 | | and convincing evidence that the petitioner was factually
| 13 | | innocent of the charge, the court shall enter an
| 14 | | expungement order as provided in subsection (b) of Section
| 15 | | 5-5-4 of the Unified Code of Corrections. | 16 | | (7) Nothing in this Section shall prevent the | 17 | | Department of
State Police from maintaining all records of | 18 | | any person who
is admitted to probation upon terms and | 19 | | conditions and who
fulfills those terms and conditions | 20 | | pursuant to Section 10
of the Cannabis Control Act, Section | 21 | | 410 of the Illinois
Controlled Substances Act, Section 70 | 22 | | of the
Methamphetamine Control and Community Protection | 23 | | Act,
Section 12-4.3 or subdivision (b)(1) of Section | 24 | | 12-3.05 of the Criminal Code of 1961, Section 10-102
of the | 25 | | Illinois Alcoholism and Other Drug Dependency Act,
Section | 26 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency |
| | | SB3258 Enrolled | - 14 - | LRB097 15082 RLC 60175 b |
|
| 1 | | Act, or Section 10 of the Steroid Control Act. | 2 | | (c) Sealing. | 3 | | (1) Applicability. Notwithstanding any other provision | 4 | | of this Act to the contrary, and cumulative with any rights | 5 | | to expungement of criminal records, this subsection | 6 | | authorizes the sealing of criminal records of adults and of | 7 | | minors prosecuted as adults. | 8 | | (2) Eligible Records. The following records may be | 9 | | sealed: | 10 | | (A) All arrests resulting in release without | 11 | | charging; | 12 | | (B) Arrests or charges not initiated by arrest | 13 | | resulting in acquittal, dismissal, or conviction when | 14 | | the conviction was reversed or vacated, except as | 15 | | excluded by subsection (a)(3)(B); | 16 | | (C) Arrests or charges not initiated by arrest | 17 | | resulting in orders of supervision successfully | 18 | | completed by the petitioner, unless excluded by | 19 | | subsection (a)(3); | 20 | | (D) Arrests or charges not initiated by arrest | 21 | | resulting in convictions unless excluded by subsection | 22 | | (a)(3); | 23 | | (E) Arrests or charges not initiated by arrest | 24 | | resulting in orders of first offender probation under | 25 | | Section 10 of the Cannabis Control Act, Section 410 of | 26 | | the Illinois Controlled Substances Act, or Section 70 |
| | | SB3258 Enrolled | - 15 - | LRB097 15082 RLC 60175 b |
|
| 1 | | of the Methamphetamine Control and Community | 2 | | Protection Act; and | 3 | | (F) Arrests or charges not initiated by arrest | 4 | | resulting in Class 4 felony convictions for the | 5 | | following offenses: | 6 | | (i) Section 11-14 of the Criminal Code of 1961; | 7 | | (ii) Section 4 of the Cannabis Control Act; | 8 | | (iii) Section 402 of the Illinois Controlled | 9 | | Substances Act; | 10 | | (iv) the Methamphetamine Precursor Control | 11 | | Act; and | 12 | | (v) the Steroid Control Act. | 13 | | (3) When Records Are Eligible to Be Sealed. Records | 14 | | identified as eligible under subsection (c)(2) may be | 15 | | sealed as follows: | 16 | | (A) Records identified as eligible under | 17 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | 18 | | time. | 19 | | (B) Records identified as eligible under | 20 | | subsection (c)(2)(C) may be sealed
(i) 3 years after | 21 | | the termination of petitioner's last sentence (as | 22 | | defined in subsection (a)(1)(F)) if the petitioner has | 23 | | never been convicted of a criminal offense (as defined | 24 | | in subsection (a)(1)(D)); or
(ii) 4 years after the | 25 | | termination of the petitioner's last sentence (as | 26 | | defined in subsection (a)(1)(F)) if the petitioner has |
| | | SB3258 Enrolled | - 16 - | LRB097 15082 RLC 60175 b |
|
| 1 | | ever been convicted of a criminal offense (as defined | 2 | | in subsection (a)(1)(D)). | 3 | | (C) Records identified as eligible under | 4 | | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | 5 | | sealed 4 years after the termination of the | 6 | | petitioner's last sentence (as defined in subsection | 7 | | (a)(1)(F)). | 8 | | (D) Records identified in subsection | 9 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 10 | | reached the age of 25 years. | 11 | | (4) Subsequent felony convictions. A person may not | 12 | | have
subsequent felony conviction records sealed as | 13 | | provided in this subsection
(c) if he or she is convicted | 14 | | of any felony offense after the date of the
sealing of | 15 | | prior felony convictions as provided in this subsection | 16 | | (c). The court may, upon conviction for a subsequent felony | 17 | | offense, order the unsealing of prior felony conviction | 18 | | records previously ordered sealed by the court. | 19 | | (5) Notice of eligibility for sealing. Upon entry of a | 20 | | disposition for an eligible record under this subsection | 21 | | (c), the petitioner shall be informed by the court of the | 22 | | right to have the records sealed and the procedures for the | 23 | | sealing of the records. | 24 | | (d) Procedure. The following procedures apply to | 25 | | expungement under subsections (b) and (e), and sealing under | 26 | | subsection (c): |
| | | SB3258 Enrolled | - 17 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (1) Filing the petition. Upon becoming eligible to | 2 | | petition for
the expungement or sealing of records under | 3 | | this Section, the petitioner shall file a petition | 4 | | requesting the expungement
or sealing of records with the | 5 | | clerk of the court where the arrests occurred or the | 6 | | charges were brought, or both. If arrests occurred or | 7 | | charges were brought in multiple jurisdictions, a petition | 8 | | must be filed in each such jurisdiction. The petitioner | 9 | | shall pay the applicable fee, if not waived. | 10 | | (2) Contents of petition. The petition shall be
| 11 | | verified and shall contain the petitioner's name, date of
| 12 | | birth, current address and, for each arrest or charge not | 13 | | initiated by
arrest sought to be sealed or expunged, the | 14 | | case number, the date of
arrest (if any), the identity of | 15 | | the arresting authority, and such
other information as the | 16 | | court may require. During the pendency
of the proceeding, | 17 | | the petitioner shall promptly notify the
circuit court | 18 | | clerk of any change of his or her address. | 19 | | (3) Drug test. The petitioner must attach to the | 20 | | petition proof that the petitioner has passed a test taken | 21 | | within 30 days before the filing of the petition showing | 22 | | the absence within his or her body of all illegal | 23 | | substances as defined by the Illinois Controlled | 24 | | Substances Act, the Methamphetamine Control and Community | 25 | | Protection Act, and the Cannabis Control Act if he or she | 26 | | is petitioning to seal felony records pursuant to clause |
| | | SB3258 Enrolled | - 18 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is | 2 | | petitioning to expunge felony records of a qualified | 3 | | probation pursuant to clause (b)(1)(B)(iv). | 4 | | (4) Service of petition. The circuit court clerk shall | 5 | | promptly
serve a copy of the petition on the State's | 6 | | Attorney or
prosecutor charged with the duty of prosecuting | 7 | | the
offense, the Department of State Police, the arresting
| 8 | | agency and the chief legal officer of the unit of local
| 9 | | government effecting the arrest. | 10 | | (5) Objections. | 11 | | (A) Any party entitled to notice of the petition | 12 | | may file an objection to the petition. All objections | 13 | | shall be in writing, shall be filed with the circuit | 14 | | court clerk, and shall state with specificity the basis | 15 | | of the objection. | 16 | | (B) Objections to a petition to expunge or seal | 17 | | must be filed within 60 days of the date of service of | 18 | | the petition. | 19 | | (6) Entry of order. | 20 | | (A) The Chief Judge of the circuit wherein the | 21 | | charge was brought, any judge of that circuit | 22 | | designated by the Chief Judge, or in counties of less | 23 | | than 3,000,000 inhabitants, the presiding trial judge | 24 | | at the petitioner's trial, if any, shall rule on the | 25 | | petition to expunge or seal as set forth in this | 26 | | subsection (d)(6). |
| | | SB3258 Enrolled | - 19 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (B) Unless the State's Attorney or prosecutor, the | 2 | | Department of
State Police, the arresting agency, or | 3 | | the chief legal officer
files an objection to the | 4 | | petition to expunge or seal within 60 days from the | 5 | | date of service of the petition, the court shall enter | 6 | | an order granting or denying the petition. | 7 | | (7) Hearings. If an objection is filed, the court shall | 8 | | set a date for a hearing and notify the petitioner and all | 9 | | parties entitled to notice of the petition of the hearing | 10 | | date at least 30 days prior to the hearing, and shall hear | 11 | | evidence on whether the petition should or should not be | 12 | | granted, and shall grant or deny the petition to expunge or | 13 | | seal the records based on the evidence presented at the | 14 | | hearing. | 15 | | (8) Service of order. After entering an order to | 16 | | expunge or
seal records, the court must provide copies of | 17 | | the order to the
Department, in a form and manner | 18 | | prescribed by the Department,
to the petitioner, to the | 19 | | State's Attorney or prosecutor
charged with the duty of | 20 | | prosecuting the offense, to the
arresting agency, to the | 21 | | chief legal officer of the unit of
local government | 22 | | effecting the arrest, and to such other
criminal justice | 23 | | agencies as may be ordered by the court. | 24 | | (9) Effect of order. | 25 | | (A) Upon entry of an order to expunge records | 26 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
| | | SB3258 Enrolled | - 20 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (i) the records shall be expunged (as defined | 2 | | in subsection (a)(1)(E)) by the arresting agency, | 3 | | the Department, and any other agency as ordered by | 4 | | the court, within 60 days of the date of service of | 5 | | the order, unless a motion to vacate, modify, or | 6 | | reconsider the order is filed pursuant to | 7 | | paragraph (12) of subsection (d) of this Section; | 8 | | (ii) the records of the circuit court clerk | 9 | | shall be impounded until further order of the court | 10 | | upon good cause shown and the name of the | 11 | | petitioner obliterated on the official index | 12 | | required to be kept by the circuit court clerk | 13 | | under Section 16 of the Clerks of Courts Act, but | 14 | | the order shall not affect any index issued by the | 15 | | circuit court clerk before the entry of the order; | 16 | | and | 17 | | (iii) in response to an inquiry for expunged | 18 | | records, the court, the Department, or the agency | 19 | | receiving such inquiry, shall reply as it does in | 20 | | response to inquiries when no records ever | 21 | | existed. | 22 | | (B) Upon entry of an order to expunge records | 23 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | 24 | | (i) the records shall be expunged (as defined | 25 | | in subsection (a)(1)(E)) by the arresting agency | 26 | | and any other agency as ordered by the court, |
| | | SB3258 Enrolled | - 21 - | LRB097 15082 RLC 60175 b |
|
| 1 | | within 60 days of the date of service of the order, | 2 | | unless a motion to vacate, modify, or reconsider | 3 | | the order is filed pursuant to paragraph (12) of | 4 | | subsection (d) of this Section; | 5 | | (ii) the records of the circuit court clerk | 6 | | shall be impounded until further order of the court | 7 | | upon good cause shown and the name of the | 8 | | petitioner obliterated on the official index | 9 | | required to be kept by the circuit court clerk | 10 | | under Section 16 of the Clerks of Courts Act, but | 11 | | the order shall not affect any index issued by the | 12 | | circuit court clerk before the entry of the order; | 13 | | (iii) the records shall be impounded by the
| 14 | | Department within 60 days of the date of service of | 15 | | the order as ordered by the court, unless a motion | 16 | | to vacate, modify, or reconsider the order is filed | 17 | | pursuant to paragraph (12) of subsection (d) of | 18 | | this Section; | 19 | | (iv) records impounded by the Department may | 20 | | be disseminated by the Department only as required | 21 | | by law or to the arresting authority, the State's | 22 | | Attorney, and the court upon a later arrest for the | 23 | | same or a similar offense or for the purpose of | 24 | | sentencing for any subsequent felony, and to the | 25 | | Department of Corrections upon conviction for any | 26 | | offense; and |
| | | SB3258 Enrolled | - 22 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (v) in response to an inquiry for such records | 2 | | from anyone not authorized by law to access such | 3 | | records the court, the Department, or the agency | 4 | | receiving such inquiry shall reply as it does in | 5 | | response to inquiries when no records ever | 6 | | existed. | 7 | | (C) Upon entry of an order to seal records under | 8 | | subsection
(c), the arresting agency, any other agency | 9 | | as ordered by the court, the Department, and the court | 10 | | shall seal the records (as defined in subsection | 11 | | (a)(1)(K)). In response to an inquiry for such records | 12 | | from anyone not authorized by law to access such | 13 | | records the court, the Department, or the agency | 14 | | receiving such inquiry shall reply as it does in | 15 | | response to inquiries when no records ever existed. | 16 | | (10) Fees. The Department may charge the petitioner a | 17 | | fee equivalent to the cost of processing any order to | 18 | | expunge or seal records. Notwithstanding any provision of | 19 | | the Clerks of Courts Act to the contrary, the circuit court | 20 | | clerk may charge a fee equivalent to the cost associated | 21 | | with the sealing or expungement of records by the circuit | 22 | | court clerk. From the total filing fee collected for the | 23 | | petition to seal or expunge, the circuit court clerk shall | 24 | | deposit $10 into the Circuit Court Clerk Operation and | 25 | | Administrative Fund, to be used to offset the costs | 26 | | incurred by the circuit court clerk in performing the |
| | | SB3258 Enrolled | - 23 - | LRB097 15082 RLC 60175 b |
|
| 1 | | additional duties required to serve the petition to seal or | 2 | | expunge on all parties. The circuit court clerk shall | 3 | | collect and forward the Department of State Police portion | 4 | | of the fee to the Department and it shall be deposited in | 5 | | the State Police Services Fund. | 6 | | (11) Final Order. No court order issued under the | 7 | | expungement or sealing provisions of this Section shall | 8 | | become final for purposes of appeal until 30 days after | 9 | | service of the order on the petitioner and all parties | 10 | | entitled to notice of the petition. | 11 | | (12) Motion to Vacate, Modify, or Reconsider. The | 12 | | petitioner or any party entitled to notice may file a | 13 | | motion to vacate, modify, or reconsider the order granting | 14 | | or denying the petition to expunge or seal within 60 days | 15 | | of service of the order. | 16 | | (e) Whenever a person who has been convicted of an offense | 17 | | is granted
a pardon by the Governor which specifically | 18 | | authorizes expungement, he or she may,
upon verified petition | 19 | | to the Chief Judge of the circuit where the person had
been | 20 | | convicted, any judge of the circuit designated by the Chief | 21 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 22 | | presiding trial judge at the
defendant's trial, have a court | 23 | | order entered expunging the record of
arrest from the official | 24 | | records of the arresting authority and order that the
records | 25 | | of the circuit court clerk and the Department be sealed until
| 26 | | further order of the court upon good cause shown or as |
| | | SB3258 Enrolled | - 24 - | LRB097 15082 RLC 60175 b |
|
| 1 | | otherwise provided
herein, and the name of the defendant | 2 | | obliterated from the official index
requested to be kept by the | 3 | | circuit court clerk under Section 16 of the Clerks
of Courts | 4 | | Act in connection with the arrest and conviction for the | 5 | | offense for
which he or she had been pardoned but the order | 6 | | shall not affect any index issued by
the circuit court clerk | 7 | | before the entry of the order. All records sealed by
the | 8 | | Department may be disseminated by the Department only as | 9 | | required by law or
to the arresting authority, the State's | 10 | | Attorney, and the court upon a later
arrest for the same or | 11 | | similar offense or for the purpose of sentencing for any
| 12 | | subsequent felony. Upon conviction for any subsequent offense, | 13 | | the Department
of Corrections shall have access to all sealed | 14 | | records of the Department
pertaining to that individual. Upon | 15 | | entry of the order of expungement, the
circuit court clerk | 16 | | shall promptly mail a copy of the order to the
person who was | 17 | | pardoned. | 18 | | (f) Subject to available funding, the Illinois Department
| 19 | | of Corrections shall conduct a study of the impact of sealing,
| 20 | | especially on employment and recidivism rates, utilizing a
| 21 | | random sample of those who apply for the sealing of their
| 22 | | criminal records under Public Act 93-211. At the request of the
| 23 | | Illinois Department of Corrections, records of the Illinois
| 24 | | Department of Employment Security shall be utilized as
| 25 | | appropriate to assist in the study. The study shall not
| 26 | | disclose any data in a manner that would allow the
|
| | | SB3258 Enrolled | - 25 - | LRB097 15082 RLC 60175 b |
|
| 1 | | identification of any particular individual or employing unit.
| 2 | | The study shall be made available to the General Assembly no
| 3 | | later than September 1, 2010.
| 4 | | (Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | 5 | | 96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. | 6 | | 7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, | 7 | | eff. 8-19-11; revised 9-6-11.) | 8 | | Section 10. The Criminal Code of 1961 is amended by | 9 | | changing Sections 11-9.3 and 11-9.4-1 as follows:
| 10 | | (720 ILCS 5/11-9.3)
| 11 | | Sec. 11-9.3. Presence within school zone by child sex
| 12 | | offenders prohibited; approaching, contacting, residing with, | 13 | | or communicating with a child within certain places by child | 14 | | sex offenders prohibited.
| 15 | | (a) It is unlawful for a child sex offender to knowingly be | 16 | | present in any
school building, on real property comprising any | 17 | | school, or in any conveyance
owned, leased, or contracted by a | 18 | | school to transport students to or from
school or a school | 19 | | related activity when persons under the age of 18 are
present | 20 | | in the building, on the grounds or in
the conveyance, unless | 21 | | the offender is a parent or guardian of a student attending the | 22 | | school and the parent or guardian is: (i) attending a | 23 | | conference at the school with school personnel to discuss the | 24 | | progress of his or her child academically or socially, (ii) |
| | | SB3258 Enrolled | - 26 - | LRB097 15082 RLC 60175 b |
|
| 1 | | participating in child review conferences in which evaluation | 2 | | and placement decisions may be made with respect to his or her | 3 | | child regarding special education services, or (iii) attending | 4 | | conferences to discuss other student issues concerning his or | 5 | | her child such as retention and promotion and notifies the | 6 | | principal of the school of his or her presence at the school or | 7 | | unless the
offender has permission to be present from the
| 8 | | superintendent or the school board or in the case of a private | 9 | | school from the
principal. In the case of a public school, if | 10 | | permission is granted, the
superintendent or school board | 11 | | president must inform the principal of the
school where the sex | 12 | | offender will be present. Notification includes the
nature of | 13 | | the sex offender's visit and the hours in which the sex | 14 | | offender will
be present in the school. The sex offender is | 15 | | responsible for notifying the
principal's office when he or she | 16 | | arrives on school property and when he or she
departs from | 17 | | school property. If the sex offender is to be present in the
| 18 | | vicinity of children, the sex offender has the duty to remain | 19 | | under the direct
supervision of a school official.
| 20 | | (a-5) It is unlawful for a child sex offender to knowingly | 21 | | be present within 100 feet of a site posted as a pick-up or | 22 | | discharge stop for a conveyance owned, leased, or contracted by | 23 | | a school to transport students to or from school or a school | 24 | | related activity when one or more persons under the age of 18 | 25 | | are present at the site.
| 26 | | (a-10) It is unlawful for a child sex offender to knowingly |
| | | SB3258 Enrolled | - 27 - | LRB097 15082 RLC 60175 b |
|
| 1 | | be present in any
public park building or on real property | 2 | | comprising any public park
when persons under the age of
18 are
| 3 | | present in the building or on the grounds
and to approach, | 4 | | contact, or communicate with a child under 18 years of
age,
| 5 | | unless the
offender
is a parent or guardian of a person under | 6 | | 18 years of age present in the
building or on the
grounds. | 7 | | (b) It is unlawful for a child sex offender to knowingly | 8 | | loiter within 500 feet of a school building or real property | 9 | | comprising any school
while persons under the age of 18 are | 10 | | present in the building or on the
grounds,
unless the offender | 11 | | is a parent or guardian of a student attending the school and | 12 | | the parent or guardian is: (i) attending a conference at the | 13 | | school with school personnel to discuss the progress of his or | 14 | | her child academically or socially, (ii) participating in child | 15 | | review conferences in which evaluation and placement decisions | 16 | | may be made with respect to his or her child regarding special | 17 | | education services, or (iii) attending conferences to discuss | 18 | | other student issues concerning his or her child such as | 19 | | retention and promotion and notifies the principal of the | 20 | | school of his or her presence at the school or has permission | 21 | | to be present from the
superintendent or the school board or in | 22 | | the case of a private school from the
principal. In the case of | 23 | | a public school, if permission is granted, the
superintendent | 24 | | or school board president must inform the principal of the
| 25 | | school where the sex offender will be present. Notification | 26 | | includes the
nature of the sex offender's visit and the hours |
| | | SB3258 Enrolled | - 28 - | LRB097 15082 RLC 60175 b |
|
| 1 | | in which the sex offender will
be present in the school. The | 2 | | sex offender is responsible for notifying the
principal's | 3 | | office when he or she arrives on school property and when he or | 4 | | she
departs from school property. If the sex offender is to be | 5 | | present in the
vicinity of children, the sex offender has the | 6 | | duty to remain under the direct
supervision of a school | 7 | | official.
| 8 | | (b-2) It is unlawful for a child sex offender to knowingly | 9 | | loiter on a public
way within 500 feet of a public park | 10 | | building or real property comprising any
public park
while | 11 | | persons under the age of 18 are present in the building or on | 12 | | the
grounds
and to approach, contact, or communicate with a | 13 | | child under 18 years of
age,
unless the offender
is a parent or | 14 | | guardian of a person under 18 years of age present in the
| 15 | | building or on the grounds. | 16 | | (b-5) It is unlawful for a child sex offender to knowingly | 17 | | reside within
500 feet of a school building or the real | 18 | | property comprising any school that
persons under the age of 18 | 19 | | attend. Nothing in this subsection (b-5) prohibits
a child sex | 20 | | offender from residing within 500 feet of a school building or | 21 | | the
real property comprising any school that persons under 18 | 22 | | attend if the
property is owned by the child sex offender and | 23 | | was purchased before July 7, 2000 ( the
effective date of Public | 24 | | Act 91-911) this amendatory Act of the 91st General Assembly .
| 25 | | (b-10) It is unlawful for a child sex offender to knowingly | 26 | | reside within
500 feet of a playground, child care institution, |
| | | SB3258 Enrolled | - 29 - | LRB097 15082 RLC 60175 b |
|
| 1 | | day care center, part day child care facility, day care home, | 2 | | group day care home, or a facility providing programs or | 3 | | services
exclusively directed toward persons under 18 years of | 4 | | age. Nothing in this
subsection (b-10) prohibits a child sex | 5 | | offender from residing within 500 feet
of a playground or a | 6 | | facility providing programs or services exclusively
directed | 7 | | toward persons under 18 years of age if the property is owned | 8 | | by the
child sex offender and was purchased before July 7, | 9 | | 2000. Nothing in this
subsection (b-10) prohibits a child sex | 10 | | offender from residing within 500 feet
of a child care | 11 | | institution, day care center, or part day child care facility | 12 | | if the property is owned by the
child sex offender and was | 13 | | purchased before June 26, 2006. Nothing in this subsection | 14 | | (b-10) prohibits a child sex offender from residing within 500 | 15 | | feet of a day care home or group day care home if the property | 16 | | is owned by the child sex offender and was purchased before | 17 | | August 14, 2008 (the effective date of Public Act 95-821). | 18 | | (b-15) It is unlawful for a child sex offender to knowingly | 19 | | reside within
500 feet of the victim of the sex offense. | 20 | | Nothing in this
subsection (b-15) prohibits a child sex | 21 | | offender from residing within 500 feet
of the victim if the | 22 | | property in which the child sex offender resides is owned by | 23 | | the
child sex offender and was purchased before August 22, | 24 | | 2002. | 25 | | This subsection (b-15) does not apply if the victim of the | 26 | | sex offense
is 21 years of age or older. |
| | | SB3258 Enrolled | - 30 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (b-20) It is unlawful for a child sex offender to knowingly | 2 | | communicate, other than for a lawful purpose under Illinois | 3 | | law, using the Internet or any other digital media, with a | 4 | | person under 18 years of age or with a person whom he or she | 5 | | believes to be a person under 18 years of age,
unless the | 6 | | offender
is a parent or guardian of the person under 18 years | 7 | | of age. | 8 | | (c) It is unlawful for a child sex offender to knowingly | 9 | | operate, manage,
be employed by, volunteer at, be associated | 10 | | with, or knowingly be present at
any: (i) facility providing
| 11 | | programs or services exclusively directed toward persons under | 12 | | the age of 18; (ii) day care center; (iii) part day child care | 13 | | facility; (iv) child care institution; (v) school providing | 14 | | before and after school programs for children under 18 years of | 15 | | age; (vi) day care home; or (vii) group day care home.
This | 16 | | does not prohibit a child sex offender from owning the real | 17 | | property upon
which the programs or services are offered or | 18 | | upon which the day care center, part day child care facility, | 19 | | child care institution, or school providing before and after | 20 | | school programs for children under 18 years of age is located, | 21 | | provided the child sex offender
refrains from being present on | 22 | | the premises for the hours during which: (1) the
programs or | 23 | | services are being offered or (2) the day care center, part day | 24 | | child care facility, child care institution, or school | 25 | | providing before and after school programs for children under | 26 | | 18 years of age, day care home, or group day care home is |
| | | SB3258 Enrolled | - 31 - | LRB097 15082 RLC 60175 b |
|
| 1 | | operated. | 2 | | (c-5) It is unlawful for a child sex offender to knowingly | 3 | | operate, manage, be employed by, or be associated with any | 4 | | county fair when persons under the age of 18 are present. | 5 | | (c-6) It is unlawful for a child sex offender who owns and | 6 | | resides at residential real estate to knowingly rent any | 7 | | residential unit within the same building in which he or she | 8 | | resides to a person who is the parent or guardian of a child or | 9 | | children under 18 years of age. This subsection shall apply | 10 | | only to leases or other rental arrangements entered into after | 11 | | January 1, 2009 (the effective date of Public Act 95-820). | 12 | | (c-7) It is unlawful for a child sex offender to knowingly | 13 | | offer or provide any programs or services to persons under 18 | 14 | | years of age in his or her residence or the residence of | 15 | | another or in any facility for the purpose of offering or | 16 | | providing such programs or services, whether such programs or | 17 | | services are offered or provided by contract, agreement, | 18 | | arrangement, or on a volunteer basis. | 19 | | (c-8) It is unlawful for a child sex offender to knowingly | 20 | | operate, whether authorized to do so or not, any of the | 21 | | following vehicles: (1) a vehicle which is specifically | 22 | | designed, constructed or modified and equipped to be used for | 23 | | the retail sale of food or beverages, including but not limited | 24 | | to an ice cream truck; (2) an authorized emergency vehicle; or | 25 | | (3) a rescue vehicle. | 26 | | (d) Definitions. In this Section:
|
| | | SB3258 Enrolled | - 32 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (1) "Child sex offender" means any person who:
| 2 | | (i) has been charged under Illinois law, or any | 3 | | substantially similar
federal law
or law of another | 4 | | state, with a sex offense set forth in
paragraph (2) of | 5 | | this subsection (d) or the attempt to commit an | 6 | | included sex
offense, and the victim is a person under | 7 | | 18 years of age at the time of the offense; and :
| 8 | | (A) is convicted of such offense or an attempt | 9 | | to commit such offense;
or
| 10 | | (B) is found not guilty by reason of insanity | 11 | | of such offense or an
attempt to commit such | 12 | | offense; or
| 13 | | (C) is found not guilty by reason of insanity | 14 | | pursuant to subsection
(c) of Section 104-25 of the | 15 | | Code of Criminal Procedure of 1963 of such offense
| 16 | | or an attempt to commit such offense; or
| 17 | | (D) is the subject of a finding not resulting | 18 | | in an acquittal at a
hearing conducted pursuant to | 19 | | subsection (a) of Section 104-25 of the Code of
| 20 | | Criminal Procedure of 1963 for the alleged | 21 | | commission or attempted commission
of such | 22 | | offense; or
| 23 | | (E) is found not guilty by reason of insanity | 24 | | following a hearing
conducted pursuant to a | 25 | | federal law or the law of another state | 26 | | substantially
similar to subsection (c) of Section |
| | | SB3258 Enrolled | - 33 - | LRB097 15082 RLC 60175 b |
|
| 1 | | 104-25 of the Code of Criminal Procedure
of 1963 of | 2 | | such offense or of the attempted commission of such | 3 | | offense; or
| 4 | | (F) is the subject of a finding not resulting | 5 | | in an acquittal at a
hearing
conducted pursuant to | 6 | | a federal law or the law of another state | 7 | | substantially
similar to subsection (a) of Section | 8 | | 104-25 of the Code of Criminal Procedure
of 1963 | 9 | | for the alleged violation or attempted commission | 10 | | of such offense; or
| 11 | | (ii) is certified as a sexually dangerous person | 12 | | pursuant to the
Illinois
Sexually Dangerous Persons | 13 | | Act, or any substantially similar federal
law or the | 14 | | law of another state, when any conduct giving rise to | 15 | | such
certification is committed or attempted against a | 16 | | person less than 18 years of
age; or
| 17 | | (iii) is subject to the provisions of Section 2 of | 18 | | the Interstate
Agreements on Sexually Dangerous | 19 | | Persons Act.
| 20 | | Convictions that result from or are connected with the | 21 | | same act, or result
from offenses committed at the same | 22 | | time, shall be counted for the purpose of
this Section as | 23 | | one conviction. Any conviction set aside pursuant to law is
| 24 | | not a conviction for purposes of this Section.
| 25 | | (2) Except as otherwise provided in paragraph (2.5), | 26 | | "sex offense"
means:
|
| | | SB3258 Enrolled | - 34 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (i) A violation of any of the following Sections of | 2 | | the Criminal Code of
1961: 10-4 (forcible detention), | 3 | | 10-7 (aiding or abetting child abduction under Section | 4 | | 10-5(b)(10)),
10-5(b)(10) (child luring), 11-1.40 | 5 | | (predatory criminal sexual assault of a child), 11-6 | 6 | | (indecent solicitation of a child), 11-6.5
(indecent | 7 | | solicitation of an adult),
11-9.1 (sexual exploitation | 8 | | of a child), 11-9.2 (custodial sexual misconduct), | 9 | | 11-9.5 (sexual misconduct with a person with a | 10 | | disability), 11-11 (sexual relations within families), | 11 | | 11-14.3(a)(1) (promoting prostitution by advancing | 12 | | prostitution), 11-14.3(a)(2)(A) (promoting | 13 | | prostitution by profiting from prostitution by | 14 | | compelling a person to be a prostitute), | 15 | | 11-14.3(a)(2)(C) (promoting prostitution by profiting | 16 | | from prostitution by means other than as described in | 17 | | subparagraphs (A) and (B) of paragraph (2) of | 18 | | subsection (a) of Section 11-14.3), 11-14.4 (promoting | 19 | | juvenile prostitution), 11-18.1
(patronizing a | 20 | | juvenile prostitute), 11-20.1 (child pornography), | 21 | | 11-20.1B (aggravated child pornography), 11-21 | 22 | | (harmful
material), 11-25 (grooming), 11-26 (traveling | 23 | | to meet a minor), 12-33 (ritualized abuse of a
child), | 24 | | 11-20 (obscenity) (when that offense was committed in | 25 | | any school, on
real property comprising any school, in | 26 | | any conveyance owned,
leased, or contracted by a school |
| | | SB3258 Enrolled | - 35 - | LRB097 15082 RLC 60175 b |
|
| 1 | | to transport students to or from school or a
school | 2 | | related activity, or in a public park), 11-30 (public | 3 | | indecency) (when committed in a school, on real | 4 | | property
comprising a school, in any conveyance owned, | 5 | | leased, or contracted by a
school to transport students | 6 | | to or from school or a school related activity, or in a | 7 | | public park). An attempt to commit any of these | 8 | | offenses.
| 9 | | (ii) A violation of any of the following Sections | 10 | | of the Criminal Code
of 1961, when the victim is a | 11 | | person under 18 years of age: 11-1.20 (criminal
sexual | 12 | | assault), 11-1.30 (aggravated criminal sexual | 13 | | assault), 11-1.50 (criminal
sexual abuse), 11-1.60 | 14 | | (aggravated criminal sexual abuse). An attempt to | 15 | | commit
any of these offenses.
| 16 | | (iii) A violation of any of the following Sections | 17 | | of the Criminal Code
of 1961, when the victim is a | 18 | | person under 18 years of age and the defendant is
not a | 19 | | parent of the victim:
| 20 | | 10-1 (kidnapping),
| 21 | | 10-2 (aggravated kidnapping),
| 22 | | 10-3 (unlawful restraint),
| 23 | | 10-3.1 (aggravated unlawful restraint) , .
| 24 | | 11-9.1(A) (permitting sexual abuse of a child).
| 25 | | An attempt to commit any of these offenses.
| 26 | | (iv) A violation of any former law of this State |
| | | SB3258 Enrolled | - 36 - | LRB097 15082 RLC 60175 b |
|
| 1 | | substantially
equivalent to any offense listed in | 2 | | clause (2)(i) of subsection (d) of this
Section.
| 3 | | (2.5) For the purposes of subsections (b-5) and (b-10) | 4 | | only, a sex offense means:
| 5 | | (i) A violation of any of the following Sections of | 6 | | the Criminal Code of
1961:
| 7 | | 10-5(b)(10) (child luring), 10-7 (aiding or | 8 | | abetting child abduction
under Section 10-5(b)(10)), | 9 | | 11-1.40 (predatory criminal sexual assault of a | 10 | | child), 11-6 (indecent solicitation of
a
child), | 11 | | 11-6.5 (indecent solicitation of an adult), 11-9.2 | 12 | | (custodial sexual misconduct), 11-9.5 (sexual | 13 | | misconduct with a person with a disability), 11-11 | 14 | | (sexual relations within families), 11-14.3(a)(1) | 15 | | (promoting prostitution by advancing prostitution), | 16 | | 11-14.3(a)(2)(A) (promoting prostitution by profiting | 17 | | from prostitution by compelling a person to be a | 18 | | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | 19 | | by profiting from prostitution by means other than as | 20 | | described in subparagraphs (A) and (B) of paragraph (2) | 21 | | of subsection (a) of Section 11-14.3), 11-14.4 | 22 | | (promoting juvenile prostitution), 11-18.1
| 23 | | (patronizing a juvenile prostitute), 11-20.1 (child | 24 | | pornography), 11-20.1B (aggravated child pornography), | 25 | | 11-25 (grooming), 11-26 (traveling to meet a minor), or | 26 | | 12-33 (ritualized abuse of a
child). An attempt
to |
| | | SB3258 Enrolled | - 37 - | LRB097 15082 RLC 60175 b |
|
| 1 | | commit any of
these offenses.
| 2 | | (ii) A violation of any of the following Sections | 3 | | of the Criminal Code
of 1961, when the victim is a | 4 | | person under 18 years of age: 11-1.20 (criminal
sexual | 5 | | assault), 11-1.30 (aggravated criminal sexual | 6 | | assault), 11-1.60
(aggravated criminal sexual abuse), | 7 | | and subsection (a) of Section 11-1.50
(criminal sexual | 8 | | abuse). An attempt to commit
any of these offenses.
| 9 | | (iii) A violation of any of the following Sections | 10 | | of the Criminal Code
of 1961, when the victim is a | 11 | | person under 18 years of age and the defendant is
not a | 12 | | parent of the victim:
| 13 | | 10-1 (kidnapping),
| 14 | | 10-2 (aggravated kidnapping),
| 15 | | 10-3 (unlawful restraint),
| 16 | | 10-3.1 (aggravated unlawful restraint) , .
| 17 | | 11-9.1(A) (permitting sexual abuse of a child).
| 18 | | An attempt to commit any of these offenses.
| 19 | | (iv) A violation of any former law of this State | 20 | | substantially
equivalent to any offense listed in this | 21 | | paragraph (2.5) of
this subsection.
| 22 | | (3) A conviction for an offense of federal law or the | 23 | | law of another state
that is substantially equivalent to | 24 | | any offense listed in paragraph (2) of
subsection (d) of | 25 | | this Section shall constitute a conviction for the purpose | 26 | | of
this Section. A finding or adjudication as a sexually |
| | | SB3258 Enrolled | - 38 - | LRB097 15082 RLC 60175 b |
|
| 1 | | dangerous person under
any federal law or law of another | 2 | | state that is substantially equivalent to the
Sexually | 3 | | Dangerous Persons Act shall constitute an adjudication for | 4 | | the
purposes of this Section.
| 5 | | (4) "Authorized emergency vehicle", "rescue vehicle", | 6 | | and "vehicle" have the meanings ascribed to them in | 7 | | Sections 1-105, 1-171.8 and 1-217, respectively, of the | 8 | | Illinois Vehicle Code. | 9 | | (5) "Child care institution" has the meaning ascribed | 10 | | to it in Section 2.06 of the Child Care Act of 1969. | 11 | | (6) "Day care center" has the meaning ascribed to it in | 12 | | Section 2.09 of the Child Care Act of 1969. | 13 | | (7) "Day care home" has the meaning ascribed to it in | 14 | | Section 2.18 of the Child Care Act of 1969. | 15 | | (8) "Facility providing programs or services directed | 16 | | towards persons under the age of 18" means any facility | 17 | | providing programs or services exclusively directed | 18 | | towards persons under the age of 18. | 19 | | (9) "Group day care home" has the meaning ascribed to | 20 | | it in Section 2.20 of the Child Care Act of 1969. | 21 | | (10) "Internet" has the meaning set forth in Section | 22 | | 16J-5 of this Code.
| 23 | | (11) "Loiter" means:
| 24 | | (i) Standing, sitting idly, whether or not the | 25 | | person is in a vehicle, or
remaining in or around | 26 | | school or public park property.
|
| | | SB3258 Enrolled | - 39 - | LRB097 15082 RLC 60175 b |
|
| 1 | | (ii) Standing, sitting idly, whether or not the | 2 | | person is in a vehicle,
or remaining in or around | 3 | | school or public park property, for the purpose of | 4 | | committing or
attempting to commit a sex offense.
| 5 | | (iii) Entering or remaining in a building in or | 6 | | around school property, other than the offender's | 7 | | residence. | 8 | | (12) "Part day child care facility" has the meaning | 9 | | ascribed to it in Section 2.10 of the Child Care Act of | 10 | | 1969. | 11 | | (13) "Playground" means a piece of land owned or | 12 | | controlled by a unit
of
local government that is designated | 13 | | by the unit of local government for use
solely or primarily | 14 | | for children's recreation. | 15 | | (14) "Public park" includes a park, forest preserve, | 16 | | bikeway, trail, or
conservation
area
under the | 17 | | jurisdiction of the State or a unit of local government. | 18 | | (15) "School" means a public or private preschool or | 19 | | elementary or secondary school.
| 20 | | (16) "School official"
means the principal, a teacher, | 21 | | or any other certified employee of the
school, the | 22 | | superintendent of schools or a member of the school board.
| 23 | | (e) For the purposes of this Section, the 500 feet distance | 24 | | shall be measured from: (1) the edge of the property of the | 25 | | school building or the real property comprising the school that | 26 | | is closest to the edge of the property of the child sex |
| | | SB3258 Enrolled | - 40 - | LRB097 15082 RLC 60175 b |
|
| 1 | | offender's residence or where he or she is loitering, and (2) | 2 | | the edge of the property comprising the public park building or | 3 | | the real property comprising the public park, playground, child | 4 | | care institution, day care center, part day child care | 5 | | facility, or facility providing programs or services | 6 | | exclusively directed toward persons under 18 years of age, or a | 7 | | victim of the sex offense who is under 21 years of age, to the | 8 | | edge of the child sex offender's place of residence or place | 9 | | where he or she is loitering.
| 10 | | (f) Sentence. A person who violates this Section is guilty | 11 | | of a Class 4
felony.
| 12 | | (Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07; | 13 | | 95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08; | 14 | | 96-328, eff. 8-11-09; 96-710, eff. 1-1-10; 96-1551, eff. | 15 | | 7-1-11 .) | 16 | | (720 ILCS 5/11-9.4-1) | 17 | | Sec. 11-9.4-1. Sexual predator and child sex offender; | 18 | | presence or loitering in or near public parks prohibited. | 19 | | (a) For the purposes of this Section: | 20 | | "Child sex offender" has the meaning ascribed to it in | 21 | | subsection (d) of Section 11-9.3 11-9.4 of this Code, but | 22 | | does not include as a sex offense under paragraph (2) of | 23 | | subsection (d) of Section 11-9.3 11-9.4 , the offenses under | 24 | | subsections (b) and (c) of Section 11-1.50 or subsections | 25 | | (b) and (c) of Section 12-15 of this Code. |
| | | SB3258 Enrolled | - 41 - | LRB097 15082 RLC 60175 b |
|
| 1 | | "Public park" includes a park, forest preserve, | 2 | | bikeway, trail, or
conservation
area
under the | 3 | | jurisdiction of the State or a unit of local government. | 4 | | "Loiter" means: | 5 | | (i) Standing, sitting idly, whether or not the | 6 | | person is in a vehicle or
remaining in or around public | 7 | | park property. | 8 | | (ii) Standing, sitting idly, whether or not the | 9 | | person is in a vehicle
or remaining in or around public | 10 | | park property, for the purpose of committing
or
| 11 | | attempting to commit a sex offense. | 12 | | "Sexual predator" has the meaning ascribed to it in | 13 | | subsection (E) of Section 2 of the Sex Offender | 14 | | Registration Act. | 15 | | (b) It is unlawful for a sexual predator or a child sex | 16 | | offender to knowingly be present in any
public park building or | 17 | | on real property comprising any public park. | 18 | | (c) It is unlawful for a sexual predator or a child sex | 19 | | offender to knowingly loiter on a public
way within 500 feet of | 20 | | a public park building or real property comprising any
public | 21 | | park.
For the purposes of this subsection (c), the 500 feet | 22 | | distance shall be measured from the edge of the property | 23 | | comprising the public park building or the real property | 24 | | comprising the public park. | 25 | | (d) Sentence. A person who violates this Section is guilty | 26 | | of a Class A misdemeanor, except that a second or subsequent |
| | | SB3258 Enrolled | - 42 - | LRB097 15082 RLC 60175 b |
|
| 1 | | violation is a Class 4
felony.
| 2 | | (Source: P.A. 96-1099, eff. 1-1-11; revised 10-12-11.)
|
|