Full Text of HB3961 96th General Assembly
HB3961enr 96TH GENERAL ASSEMBLY
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HB3961 Enrolled |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Identification Act is amended by | 5 |
| changing Sections 5 and 13 and by adding Sections 5.2 and 14 as | 6 |
| follows:
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| (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
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| Sec. 5. Arrest reports ; expungement .
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| (a) All policing bodies of this State shall furnish to the | 10 |
| Department,
daily, in the form and detail the Department | 11 |
| requires, fingerprints and
descriptions of all persons who are | 12 |
| arrested on charges of violating any penal
statute of this | 13 |
| State for offenses that are classified as felonies and Class
A | 14 |
| or B misdemeanors and of all minors of the age of 10 and over | 15 |
| who have been
arrested for an offense which would be a felony | 16 |
| if committed by an adult, and
may forward such fingerprints and | 17 |
| descriptions for minors arrested for Class A
or B misdemeanors. | 18 |
| Moving or nonmoving traffic violations under the Illinois
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| Vehicle Code shall not be reported except for violations of | 20 |
| Chapter 4, Section
11-204.1, or Section 11-501 of that Code. In | 21 |
| addition, conservation offenses,
as defined in the Supreme | 22 |
| Court Rule 501(c), that are classified as Class B
misdemeanors | 23 |
| shall not be reported.
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| Whenever an adult or minor prosecuted as an adult,
not | 2 |
| having previously been convicted of any criminal offense or | 3 |
| municipal
ordinance violation, charged with a violation of a | 4 |
| municipal ordinance or a
felony or misdemeanor, is acquitted or | 5 |
| released without being convicted,
whether the acquittal or | 6 |
| release occurred before, on, or after the
effective date of | 7 |
| this amendatory Act of 1991, the Chief Judge of the circuit
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| wherein the charge was brought, any judge of that circuit | 9 |
| designated by the
Chief Judge, or in counties of less than | 10 |
| 3,000,000 inhabitants, the presiding
trial judge at the | 11 |
| defendant's trial may upon verified petition of the
defendant | 12 |
| order the record of arrest expunged from the official records | 13 |
| of the
arresting authority and the Department and order that | 14 |
| the records of the clerk
of the circuit court be sealed until | 15 |
| further order of the court upon good cause
shown and the name | 16 |
| of the defendant obliterated on the official index required
to | 17 |
| be kept by the circuit court clerk under Section 16 of the | 18 |
| Clerks of Courts
Act, but the order shall not affect any index | 19 |
| issued by the circuit court clerk
before the entry of the | 20 |
| order. The Department may charge the petitioner a fee
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| equivalent to the cost of processing any order to expunge or | 22 |
| seal the records,
and the fee shall be deposited into the State | 23 |
| Police Services Fund. The
records of those arrests, however, | 24 |
| that result in a disposition of
supervision for any offense | 25 |
| shall not be expunged from the records of the
arresting | 26 |
| authority or the Department nor impounded by the court until 2 |
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| years
after discharge and dismissal of supervision. Those | 2 |
| records
that result from a supervision for a violation of | 3 |
| Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois | 4 |
| Vehicle Code or a similar provision
of a local ordinance, or | 5 |
| for a violation of Section 12-3.2, 12-15 or 16A-3
of the | 6 |
| Criminal Code of 1961, or probation under Section 10 of the | 7 |
| Cannabis
Control Act, Section 410 of the Illinois Controlled | 8 |
| Substances Act, Section 70 of the Methamphetamine Control and | 9 |
| Community Protection Act, Section
12-4.3(b)(1) and (2) of the | 10 |
| Criminal Code of 1961 (as those provisions
existed before their | 11 |
| deletion by Public Act 89-313), Section 10-102 of the
Illinois | 12 |
| Alcoholism and Other Drug Dependency Act when the judgment of
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| conviction has been vacated, Section 40-10 of the Alcoholism | 14 |
| and Other Drug
Abuse and Dependency Act when the judgment of | 15 |
| conviction has been vacated,
or Section 10 of the Steroid | 16 |
| Control Act shall not be expunged from the records
of the | 17 |
| arresting authority nor impounded by the court until 5 years | 18 |
| after
termination of probation or supervision. Those records | 19 |
| that result from a
supervision for a violation of Section | 20 |
| 11-501 of the Illinois Vehicle Code or
a similar provision of a | 21 |
| local ordinance, shall not be expunged. All records
set out | 22 |
| above may be ordered by the court to be expunged from the | 23 |
| records of
the arresting authority and impounded by the court | 24 |
| after 5 years, but shall
not be expunged by the Department, but | 25 |
| shall, on court order be sealed by the
Department and may be | 26 |
| disseminated by the Department only as required by law or
to |
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| the arresting authority, the State's Attorney, and the court | 2 |
| upon a later
arrest for the same or a similar offense or for | 3 |
| the purpose of sentencing for
any subsequent felony. Upon | 4 |
| conviction for any offense, the Department of
Corrections shall | 5 |
| have access to all sealed records of the Department
pertaining | 6 |
| to that individual.
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| (a-5) Those records maintained by the Department for | 8 |
| persons arrested
prior to their 17th birthday shall be expunged | 9 |
| as provided in Section 5-915 of
the Juvenile Court Act of 1987.
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| (b) Whenever a person has been convicted of a crime or of | 11 |
| the violation of
a municipal ordinance, in the name of a person | 12 |
| whose identity he has stolen
or otherwise come into possession | 13 |
| of, the aggrieved person from whom the
identity was stolen or | 14 |
| otherwise obtained without authorization, upon learning
of the | 15 |
| person having been arrested using his identity, may, upon | 16 |
| verified
petition to the chief judge of the circuit wherein the | 17 |
| arrest was made,
have a court order entered nunc pro tunc by | 18 |
| the chief judge to correct
the arrest record, conviction | 19 |
| record, if any, and all official records of the
arresting | 20 |
| authority, the Department, other criminal justice agencies, | 21 |
| the
prosecutor, and the trial court concerning such arrest, if | 22 |
| any, by removing his
name from all such records in connection | 23 |
| with the arrest and conviction, if
any, and by inserting in the | 24 |
| records the name of the offender, if known or
ascertainable, in | 25 |
| lieu of the aggrieved's name. The records of the
clerk of
the | 26 |
| circuit court clerk shall be sealed until further order of the |
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| court upon
good cause shown and the name of the aggrieved | 2 |
| person obliterated on the
official index required to be kept by | 3 |
| the circuit court clerk under Section 16
of the Clerks of | 4 |
| Courts Act, but the order shall not affect any index issued by
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| the circuit court clerk before the entry of the order. Nothing | 6 |
| in this Section
shall limit the Department of State Police or | 7 |
| other criminal justice agencies
or prosecutors from listing | 8 |
| under an offender's name the false names he or she
has used. | 9 |
| For purposes of this Section, convictions for moving and | 10 |
| nonmoving
traffic violations other than convictions for | 11 |
| violations of Chapter 4, Section
11-204.1 or Section 11-501 of | 12 |
| the Illinois Vehicle Code shall not be a bar to
expunging the | 13 |
| record of arrest and court records for
violation of a | 14 |
| misdemeanor or municipal ordinance.
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| (c) Whenever a person who has been convicted of an offense | 16 |
| is granted
a pardon by the Governor which specifically | 17 |
| authorizes expungement, he may,
upon verified petition to the | 18 |
| chief judge of the circuit where the person had
been convicted, | 19 |
| any judge of the circuit designated by the Chief Judge, or in
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| counties of less than 3,000,000 inhabitants, the presiding | 21 |
| trial judge at the
defendant's trial, may have a court order | 22 |
| entered expunging the record of
arrest from the official | 23 |
| records of the arresting authority and order that the
records | 24 |
| of the clerk of the circuit court and the Department be sealed | 25 |
| until
further order of the court upon good cause shown or as | 26 |
| otherwise provided
herein, and the name of the defendant |
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| obliterated from the official index
requested to be kept by the | 2 |
| circuit court clerk under Section 16 of the Clerks
of Courts | 3 |
| Act in connection with the arrest and conviction for the | 4 |
| offense for
which he had been pardoned but the order shall not | 5 |
| affect any index issued by
the circuit court clerk before the | 6 |
| entry of the order. All records sealed by
the Department may be | 7 |
| disseminated by the Department only as required by law or
to | 8 |
| the arresting authority, the State's Attorney, and the court | 9 |
| upon a later
arrest for the same or similar offense or for the | 10 |
| purpose of sentencing for any
subsequent felony. Upon | 11 |
| conviction for any subsequent offense, the Department
of | 12 |
| Corrections shall have access to all sealed records of the | 13 |
| Department
pertaining to that individual. Upon entry of the | 14 |
| order of expungement, the
clerk of the circuit court shall | 15 |
| promptly mail a copy of the order to the
person who was | 16 |
| pardoned.
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| (c-5) Whenever a person has been convicted of criminal | 18 |
| sexual assault,
aggravated criminal sexual assault, predatory | 19 |
| criminal sexual assault of a
child, criminal sexual abuse, or | 20 |
| aggravated criminal sexual abuse, the victim
of that offense | 21 |
| may request that the State's Attorney of the county in which
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| the conviction occurred file a verified petition with the | 23 |
| presiding trial judge
at the defendant's trial to have a court | 24 |
| order entered to seal the records of
the clerk of the circuit | 25 |
| court in connection with the proceedings of the trial
court | 26 |
| concerning that offense. However, the records of the arresting |
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| authority
and the Department of State Police concerning the | 2 |
| offense shall not be
sealed. The court, upon good cause shown, | 3 |
| shall make the records of the clerk
of the circuit court in | 4 |
| connection with the proceedings of the trial court
concerning | 5 |
| the offense available for public inspection.
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| (c-6) If a conviction has been set aside on direct review | 7 |
| or on
collateral attack
and the court determines by clear and | 8 |
| convincing evidence that the defendant
was factually innocent | 9 |
| of
the charge, the court shall enter an expungement order as | 10 |
| provided in
subsection (b) of Section 5-5-4
of the Unified Code | 11 |
| of Corrections.
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| (d) Notice of the petition for subsections (a), (b), and | 13 |
| (c) shall be
served by the clerk upon the State's Attorney or | 14 |
| prosecutor charged with the duty
of prosecuting the offense, | 15 |
| the Department of State Police, the arresting
agency and the | 16 |
| chief legal officer of the unit of local government
affecting | 17 |
| the arrest. Unless the State's Attorney or prosecutor, the
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| Department of State Police, the arresting agency or such chief | 19 |
| legal officer
objects to the petition within 30 days from the | 20 |
| date of the notice, the
court shall enter an order granting or | 21 |
| denying the petition. The clerk
of the court shall promptly | 22 |
| mail a copy of the order to the person, the
arresting agency, | 23 |
| the prosecutor, the Department of State Police and such
other | 24 |
| criminal justice agencies as may be ordered by the judge.
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| (e) Nothing herein shall prevent the Department of State | 26 |
| Police from
maintaining all records of any person who is |
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| admitted to probation upon
terms and conditions and who | 2 |
| fulfills those terms and conditions pursuant
to Section 10 of | 3 |
| the Cannabis Control Act, Section 410 of the Illinois
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| Controlled Substances Act, Section 70 of the Methamphetamine | 5 |
| Control and Community Protection Act, Section 12-4.3 of the | 6 |
| Criminal Code
of 1961, Section 10-102 of the Illinois | 7 |
| Alcoholism and Other Drug
Dependency Act, Section 40-10 of the | 8 |
| Alcoholism and Other Drug Abuse and
Dependency Act, or Section | 9 |
| 10 of the Steroid Control Act.
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| (f) No court order issued under the expungement provisions | 11 |
| of this
Section shall become final for purposes of appeal until | 12 |
| 30 days after
notice is received by the Department. Any court | 13 |
| order contrary to the
provisions of this Section is void.
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| (g) Except as otherwise provided in subsection (c-5) of | 15 |
| this Section,
the court shall not order the sealing or | 16 |
| expungement of the arrest
records and records of the circuit | 17 |
| court clerk of any person granted
supervision for or convicted | 18 |
| of any sexual offense committed against a minor
under 18 years | 19 |
| of age. For the purposes of this Section, "sexual offense
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| committed against a minor" includes but is not limited to the | 21 |
| offenses of
indecent solicitation of a child or criminal sexual | 22 |
| abuse when the victim of
such offense is under 18 years of age.
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| (h) (1) Applicability. Notwithstanding any other provision | 24 |
| of this Act to the contrary and cumulative with any rights to | 25 |
| expungement of criminal records, this subsection authorizes | 26 |
| the sealing of criminal records of adults and of minors |
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| prosecuted as adults. | 2 |
| (2) Sealable offenses. The following offenses may be | 3 |
| sealed: | 4 |
| (A) All municipal ordinance violations and | 5 |
| misdemeanors, with the exception of the following: | 6 |
| (i) violations of Section 11-501 of the Illinois | 7 |
| Vehicle Code or a similar provision of a local | 8 |
| ordinance; | 9 |
| (ii) violations of Article 11 of the Criminal Code | 10 |
| of 1961 or a similar provision of a local ordinance, | 11 |
| except Section 11-14 of the Criminal Code of 1961 as | 12 |
| provided in clause B(i) of this subsection (h); | 13 |
| (iii) violations of Section 12-15, 12-30, or 26-5 | 14 |
| of the Criminal Code of 1961 or a similar provision of | 15 |
| a local ordinance; | 16 |
| (iv) violations that are a crime of violence as | 17 |
| defined in Section 2 of the Crime Victims Compensation | 18 |
| Act or a similar provision of a local ordinance; | 19 |
| (v) Class A misdemeanor violations of the Humane | 20 |
| Care for Animals Act; and | 21 |
| (vi) any offense or attempted offense that would | 22 |
| subject a person to registration under the Sex Offender | 23 |
| Registration Act. | 24 |
| (B) Misdemeanor and Class 4 felony violations of: | 25 |
| (i) Section 11-14 of the Criminal Code of 1961; | 26 |
| (ii) Section 4 of the Cannabis Control Act; |
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| (iii) Section 402 of the Illinois Controlled | 2 |
| Substances Act; and | 3 |
| (iv) Section 60 of the Methamphetamine Control and | 4 |
| Community Protection Act.
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| However, for purposes of this subsection (h), a | 6 |
| sentence of first offender probation under Section 10 of | 7 |
| the Cannabis Control Act, Section 410 of the Illinois | 8 |
| Controlled Substances Act, or Section 70 of the | 9 |
| Methamphetamine Control and Community Protection Act shall | 10 |
| be treated as a Class 4 felony conviction. | 11 |
| (3) Requirements for sealing. Records identified as | 12 |
| sealable under clause (h) (2) may be sealed when the individual | 13 |
| was: | 14 |
| (A) Acquitted of the offense or offenses or released | 15 |
| without being convicted. | 16 |
| (B) Convicted of the offense or offenses and the | 17 |
| conviction or convictions were reversed. | 18 |
| (C) Placed on misdemeanor supervision for an offense or | 19 |
| offenses; and | 20 |
| (i) at least 3 years have elapsed since the | 21 |
| completion of the term of supervision, or terms of | 22 |
| supervision, if more than one term has been ordered; | 23 |
| and | 24 |
| (ii) the individual has not been convicted of a | 25 |
| felony or misdemeanor or placed on supervision for a | 26 |
| misdemeanor or felony during the period specified in |
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| clause (i). | 2 |
| (D) Convicted of an offense or offenses; and | 3 |
| (i) at least 4 years have elapsed since the last | 4 |
| such conviction or term of any sentence, probation, | 5 |
| parole, or supervision, if any, whichever is last in | 6 |
| time; and | 7 |
| (ii) the individual has not been convicted of a | 8 |
| felony or misdemeanor or placed on supervision for a | 9 |
| misdemeanor or felony during the period specified in | 10 |
| clause (i). | 11 |
| (4) Requirements for sealing of records when more than one | 12 |
| charge and disposition have been filed. When multiple offenses | 13 |
| are petitioned to be sealed under this subsection (h), the | 14 |
| requirements of the relevant provisions of clauses (h)(3)(A) | 15 |
| through (D) each apply. In instances in which more than one | 16 |
| waiting period is applicable under clauses (h)(C)(i) and (ii) | 17 |
| and (h)(D)(i) and (ii), the longer applicable period applies, | 18 |
| and the requirements of clause (h) (3) shall be considered met | 19 |
| when the petition is filed after the passage of the longer | 20 |
| applicable waiting period. That period commences on the date of | 21 |
| the completion of the last sentence or the end of supervision, | 22 |
| probation, or parole, whichever is last in time. | 23 |
| (5) Subsequent convictions. A person may not have | 24 |
| subsequent felony conviction records sealed as provided in this | 25 |
| subsection (h) if he or she is convicted of any felony offense | 26 |
| after the date of the sealing of prior felony records as |
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| provided in this subsection (h). | 2 |
| (6) Notice of eligibility for sealing. Upon acquittal, | 3 |
| release without conviction, or being placed on supervision for | 4 |
| a sealable offense, or upon conviction of a sealable offense, | 5 |
| the person shall be informed by the court of the right to have | 6 |
| the records sealed and the procedures for the sealing of the | 7 |
| records. | 8 |
| (7) Procedure. Upon becoming eligible for the sealing of | 9 |
| records under this subsection (h), the person who seeks the | 10 |
| sealing of his or her records shall file a petition requesting | 11 |
| the sealing of records with the clerk of the court where the | 12 |
| charge or charges were brought. The records may be sealed by | 13 |
| the Chief Judge of the circuit wherein the charge was brought, | 14 |
| any judge of that circuit designated by the Chief Judge, or in | 15 |
| counties of less than 3,000,000 inhabitants, the presiding | 16 |
| trial judge at the defendant's trial, if any. If charges were | 17 |
| brought in multiple jurisdictions, a petition must be filed in | 18 |
| each such jurisdiction. The petitioner shall pay the applicable | 19 |
| fee, if not waived. | 20 |
| (A) Contents of petition. The petition shall contain | 21 |
| the petitioner's name, date of birth, current address, each | 22 |
| charge, each case number, the date of each charge, the | 23 |
| identity of the arresting authority, and such other | 24 |
| information as the court may require. During the pendency | 25 |
| of the proceeding, the petitioner shall promptly notify the | 26 |
| clerk of the court of any change of address. |
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| (B) Drug test. A person filing a petition to have his | 2 |
| or her records sealed for a Class 4 felony violation of | 3 |
| Section 4 of the Cannabis Control Act or for a Class 4 | 4 |
| felony violation of Section 402 of the Illinois Controlled | 5 |
| Substances Act must attach to the petition proof that the | 6 |
| petitioner has passed a test taken within the previous 30 | 7 |
| days before the filing of the petition showing the absence | 8 |
| within his or her body of all illegal substances in | 9 |
| violation of either the Illinois Controlled Substances Act | 10 |
| or the Cannabis Control Act. | 11 |
| (C) Service of petition. The clerk shall promptly serve | 12 |
| a copy of the petition on the State's Attorney or | 13 |
| prosecutor charged with the duty of prosecuting the | 14 |
| offense, the Department of State Police, the arresting | 15 |
| agency and the chief legal officer of the unit of local | 16 |
| government effecting the arrest. | 17 |
| (D) Entry of order. Unless the State's Attorney or | 18 |
| prosecutor, the Department of State Police, the arresting | 19 |
| agency or such chief legal officer objects to sealing of | 20 |
| the records within 90 days of notice the court shall enter | 21 |
| an order sealing the defendant's records. | 22 |
| (E) Hearing upon objection. If an objection is filed, | 23 |
| the court shall set a date for a hearing and notify the | 24 |
| petitioner and the parties on whom the petition had been | 25 |
| served, and shall hear evidence on whether the sealing of | 26 |
| the records should or should not be granted, and shall make |
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| a determination on whether to issue an order to seal the | 2 |
| records based on the evidence presented at the hearing. | 3 |
| (F) Service of order. After entering the order to seal | 4 |
| records, the court must provide copies of the order to the | 5 |
| Department, in a form and manner prescribed by the | 6 |
| Department, to the petitioner, to the State's Attorney or | 7 |
| prosecutor charged with the duty of prosecuting the | 8 |
| offense, to the arresting agency, to the chief legal | 9 |
| officer of the unit of local government effecting the | 10 |
| arrest, and to such other criminal justice agencies as may | 11 |
| be ordered by the court. | 12 |
| (8) Fees. Notwithstanding any provision of the Clerk of the | 13 |
| Courts Act to the contrary, and subject to the approval of the | 14 |
| county board, the clerk may charge a fee equivalent to the cost | 15 |
| associated with the sealing of records by the clerk and the | 16 |
| Department of State Police. The clerk shall forward the | 17 |
| Department of State Police portion of the fee to the Department | 18 |
| and it shall be deposited into the State Police Services Fund. | 19 |
| (i) Subject to available funding, the Illinois Department | 20 |
| of Corrections shall conduct a study of the impact of sealing, | 21 |
| especially on employment and recidivism rates, utilizing a | 22 |
| random sample of those who apply for the sealing of their | 23 |
| criminal records under Public Act 93-211, in accordance to | 24 |
| rules adopted by the Department. At the request of the Illinois | 25 |
| Department of Corrections, records of the Illinois Department | 26 |
| of Employment Security shall be utilized as appropriate to |
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| assist in the study. The study shall not disclose any data in a | 2 |
| manner that would allow the identification of any particular | 3 |
| individual or employing unit. The study shall be made available | 4 |
| to the General Assembly no later than September 1, 2006. | 5 |
| (j) Notwithstanding any provision of the Clerks of Courts | 6 |
| Act to the contrary, the clerk may charge a fee equivalent to | 7 |
| the cost associated with the sealing or expungement of records | 8 |
| by the clerk. From the total filing fee collected for the | 9 |
| Petition to seal or expunge, the clerk shall deposit $10 into | 10 |
| the Circuit Court Clerk Operation and Administrative Fund, to | 11 |
| be used to offset the costs incurred by the Circuit Court Clerk | 12 |
| in performing the additional duties required to serve the | 13 |
| Petition to Seal or Expunge on all parties. The clerk shall | 14 |
| also charge a filing fee equivalent to the cost of sealing or | 15 |
| expunging the record by the Department of State Police. The | 16 |
| clerk shall collect and forward the Department of State Police | 17 |
| portion of the fee to the Department and it shall be deposited | 18 |
| in the State Police Services Fund. | 19 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-955, eff. 1-1-09; | 20 |
| revised 10-28-08.)
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| (20 ILCS 2630/5.2 new) | 22 |
| Sec. 5.2. Expungement and sealing. | 23 |
| (a) General Provisions. | 24 |
| (1) Definitions. In this Act, words and phrases have
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| the meanings set forth in this subsection, except when a
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| particular context clearly requires a different meaning. | 2 |
| (A) The following terms shall have the meanings | 3 |
| ascribed to them in the Unified Code of Corrections, | 4 |
| 730 ILCS 5/5-1-2 through 5/5-1-22: | 5 |
| (i) Business Offense (730 ILCS 5/5-1-2), | 6 |
| (ii) Charge (730 ILCS 5/5-1-3), | 7 |
| (iii) Court (730 ILCS 5/5-1-6), | 8 |
| (iv) Defendant (730 ILCS 5/5-1-7), | 9 |
| (v) Felony (730 ILCS 5/5-1-9), | 10 |
| (vi) Imprisonment (730 ILCS 5/5-1-10), | 11 |
| (vii) Judgment (730 ILCS 5/5-1-12), | 12 |
| (viii) Misdemeanor (730 ILCS 5/5-1-14), | 13 |
| (ix) Offense (730 ILCS 5/5-1-15), | 14 |
| (x) Parole (730 ILCS 5/5-1-16), | 15 |
| (xi) Petty Offense (730 ILCS 5/5-1-17), | 16 |
| (xii) Probation (730 ILCS 5/5-1-18), | 17 |
| (xiii) Sentence (730 ILCS 5/5-1-19), | 18 |
| (xiv) Supervision (730 ILCS 5/5-1-21), and | 19 |
| (xv) Victim (730 ILCS 5/5-1-22). | 20 |
| (B) As used in this Section, "charge not initiated | 21 |
| by arrest" means a charge (as defined by 730 ILCS | 22 |
| 5/5-1-3) brought against a defendant where the | 23 |
| defendant is not arrested prior to or as a direct | 24 |
| result of the charge. | 25 |
| (C) "Conviction" means a judgment of conviction or | 26 |
| sentence entered upon a plea of guilty or upon a |
|
|
|
HB3961 Enrolled |
- 17 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| verdict or finding of guilty of an offense, rendered by | 2 |
| a legally constituted jury or by a court of competent | 3 |
| jurisdiction authorized to try the case without a jury. | 4 |
| An order of supervision successfully completed by the | 5 |
| petitioner is not a conviction. An order of qualified | 6 |
| probation (as defined in subsection (a)(1)(J)) | 7 |
| successfully completed by the petitioner is not a | 8 |
| conviction. An order of supervision or an order of | 9 |
| qualified probation that is terminated | 10 |
| unsatisfactorily is a conviction, unless the | 11 |
| unsatisfactory termination is reversed, vacated, or | 12 |
| modified and the judgment of conviction, if any, is | 13 |
| reversed or vacated. | 14 |
| (D) "Criminal offense" means a petty offense, | 15 |
| business offense, misdemeanor, felony, or municipal | 16 |
| ordinance violation (as defined in subsection | 17 |
| (a)(1)(H)). As used in this Section, a minor traffic | 18 |
| offense (as defined in subsection (a)(1)(G)) shall not | 19 |
| be considered a criminal offense. | 20 |
| (E) "Expunge" means to physically destroy the | 21 |
| records or return them to the petitioner and to | 22 |
| obliterate the petitioner's name from any official | 23 |
| index or public record, or both. Nothing in this Act | 24 |
| shall require the physical destruction of the circuit | 25 |
| court file, but such records relating to arrests or | 26 |
| charges, or both, ordered expunged shall be impounded |
|
|
|
HB3961 Enrolled |
- 18 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| as required by subsections (d)(9)(A)(ii) and | 2 |
| (d)(9)(B)(ii). | 3 |
| (F) As used in this Section, "last sentence" means | 4 |
| the sentence, order of supervision, or order of | 5 |
| qualified probation (as defined by subsection | 6 |
| (a)(1)(J)), for a criminal offense (as defined by | 7 |
| subsection (a)(1)(D)) that terminates last in time in | 8 |
| any jurisdiction, regardless of whether the petitioner | 9 |
| has included the criminal offense for which the | 10 |
| sentence or order of supervision or qualified | 11 |
| probation was imposed in his or her petition. If | 12 |
| multiple sentences, orders of supervision, or orders | 13 |
| of qualified probation terminate on the same day and | 14 |
| are last in time, they shall be collectively considered | 15 |
| the "last sentence" regardless of whether they were | 16 |
| ordered to run concurrently. | 17 |
| (G) "Minor traffic offense" means a petty offense, | 18 |
| business offense, or Class C misdemeanor under the | 19 |
| Illinois Vehicle Code or a similar provision of a | 20 |
| municipal or local ordinance. | 21 |
| (H) "Municipal ordinance violation" means an | 22 |
| offense defined by a municipal or local ordinance that | 23 |
| is criminal in nature and with which the petitioner was | 24 |
| charged or for which the petitioner was arrested and | 25 |
| released without charging. | 26 |
| (I) "Petitioner" means an adult or a minor |
|
|
|
HB3961 Enrolled |
- 19 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| prosecuted as an
adult who has applied for relief under | 2 |
| this Section. | 3 |
| (J) "Qualified probation" means an order of | 4 |
| probation under Section 10 of the Cannabis Control Act, | 5 |
| Section 410 of the Illinois Controlled Substances Act, | 6 |
| Section 70 of the Methamphetamine Control and | 7 |
| Community Protection Act, Section 12-4.3(b)(1) and (2) | 8 |
| of the Criminal Code of 1961 (as those provisions | 9 |
| existed before their deletion by Public Act 89-313), | 10 |
| Section 10-102 of the Illinois Alcoholism and Other | 11 |
| Drug Dependency Act, Section 40-10 of the Alcoholism | 12 |
| and Other Drug Abuse and Dependency Act, or Section 10 | 13 |
| of the Steroid Control Act. For the purpose of this | 14 |
| Section, "successful completion" of an order of | 15 |
| qualified probation under Section 10-102 of the | 16 |
| Illinois Alcoholism and Other Drug Dependency Act and | 17 |
| Section 40-10 of the Alcoholism and Other Drug Abuse | 18 |
| and Dependency Act means that the probation was | 19 |
| terminated satisfactorily and the judgment of | 20 |
| conviction was vacated. | 21 |
| (K) "Seal" means to physically and electronically | 22 |
| maintain the records, unless the records would | 23 |
| otherwise be destroyed due to age, but to make the | 24 |
| records unavailable without a court order, subject to | 25 |
| the exceptions in Sections 12 and 13 of this Act. The | 26 |
| petitioner's name shall also be obliterated from the |
|
|
|
HB3961 Enrolled |
- 20 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| official index required to be kept by the circuit court | 2 |
| clerk under Section 16 of the Clerks of Courts Act, but | 3 |
| any index issued by the circuit court clerk before the | 4 |
| entry of the order to seal shall not be affected. | 5 |
| (L) "Sexual offense committed against a minor" | 6 |
| includes but is
not limited to the offenses of indecent | 7 |
| solicitation of a child
or criminal sexual abuse when | 8 |
| the victim of such offense is
under 18 years of age. | 9 |
| (M) "Terminate" as it relates to a sentence or | 10 |
| order of supervision or qualified probation includes | 11 |
| either satisfactory or unsatisfactory termination of | 12 |
| the sentence, unless otherwise specified in this | 13 |
| Section. | 14 |
| (2) Minor Traffic Offenses.
Orders of supervision or | 15 |
| convictions for minor traffic offenses shall not affect a | 16 |
| petitioner's eligibility to expunge or seal records | 17 |
| pursuant to this Section. | 18 |
| (3) Exclusions. Except as otherwise provided in | 19 |
| subsections (b)(5), (b)(6), and (e) of this Section, the | 20 |
| court shall not order: | 21 |
| (A) the sealing or expungement of the records of | 22 |
| arrests or charges not initiated by arrest that result | 23 |
| in an order of supervision for or conviction of:
(i) | 24 |
| any sexual offense committed against a
minor; (ii) | 25 |
| Section 11-501 of the Illinois Vehicle Code or a | 26 |
| similar provision of a local ordinance; or (iii) |
|
|
|
HB3961 Enrolled |
- 21 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| Section 11-503 of the Illinois Vehicle Code or a | 2 |
| similar provision of a local ordinance. | 3 |
| (B) the sealing or expungement of records of minor | 4 |
| traffic offenses (as defined in subsection (a)(1)(G)), | 5 |
| unless the petitioner was arrested and released | 6 |
| without charging. | 7 |
| (C) the sealing of the records of arrests or | 8 |
| charges not initiated by arrest which result in an | 9 |
| order of supervision, an order of qualified probation | 10 |
| (as defined in subsection (a)(1)(J)), or a conviction | 11 |
| for the following offenses: | 12 |
| (i) offenses included in Article 11 of the | 13 |
| Criminal Code of 1961 or a similar provision of a | 14 |
| local ordinance, except Section 11-14 of the | 15 |
| Criminal Code of 1961 or a similar provision of a | 16 |
| local ordinance; | 17 |
| (ii) Section 12-15, 12-30, or 26-5 of the | 18 |
| Criminal Code of 1961 or a similar provision of a | 19 |
| local ordinance; | 20 |
| (iii) offenses defined as "crimes of violence" | 21 |
| in Section 2 of the Crime Victims Compensation Act | 22 |
| or a similar provision of a local ordinance; | 23 |
| (iv) offenses which are Class A misdemeanors | 24 |
| under the Humane Care for Animals Act; or | 25 |
| (v) any offense or attempted offense that | 26 |
| would subject a person to registration under the |
|
|
|
HB3961 Enrolled |
- 22 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| Sex Offender Registration Act. | 2 |
| (D) the sealing of the records of an arrest which | 3 |
| results in
the petitioner being charged with a felony | 4 |
| offense or records of a charge not initiated by arrest | 5 |
| for a felony offense, regardless of the disposition, | 6 |
| unless: | 7 |
| (i) the charge is amended to a misdemeanor and | 8 |
| is otherwise
eligible to be sealed pursuant to | 9 |
| subsection (c); | 10 |
| (ii) the charge results in first offender | 11 |
| probation as set forth in subsection (c)(2)(E); or | 12 |
| (iii) the charge is for a Class 4 felony | 13 |
| offense listed in subsection (c)(2)(F) or the | 14 |
| charge is amended to a Class 4 felony offense | 15 |
| listed in subsection (c)(2)(F). Records of arrests | 16 |
| which result in the petitioner being charged with a | 17 |
| Class 4 felony offense listed in subsection | 18 |
| (c)(2)(F), records of charges not initiated by | 19 |
| arrest for Class 4 felony offenses listed in | 20 |
| subsection (c)(2)(F), and records of charges | 21 |
| amended to a Class 4 felony offense listed in | 22 |
| (c)(2)(F) may be sealed, regardless of the | 23 |
| disposition, subject to any waiting periods set | 24 |
| forth in subsection (c)(3). | 25 |
| (b) Expungement. | 26 |
| (1) A petitioner may petition the circuit court to |
|
|
|
HB3961 Enrolled |
- 23 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| expunge the
records of his or her arrests and charges not | 2 |
| initiated by arrest when: | 3 |
| (A) He or she has never been convicted of a | 4 |
| criminal offense; and | 5 |
| (B) Each arrest or charge not initiated by arrest
| 6 |
| sought to be expunged resulted in:
(i) acquittal, | 7 |
| dismissal, or the petitioner's release without | 8 |
| charging, unless excluded by subsection (a)(3)(B);
| 9 |
| (ii) a conviction which was vacated or reversed, unless | 10 |
| excluded by subsection (a)(3)(B);
(iii) an order of | 11 |
| supervision and such supervision was successfully | 12 |
| completed by the petitioner, unless excluded by | 13 |
| subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | 14 |
| qualified probation (as defined in subsection | 15 |
| (a)(1)(J)) and such probation was successfully | 16 |
| completed by the petitioner. | 17 |
| (2) Time frame for filing a petition to expunge. | 18 |
| (A) When the arrest or charge not initiated by | 19 |
| arrest sought to be expunged resulted in an acquittal, | 20 |
| dismissal, the petitioner's release without charging, | 21 |
| or the reversal or vacation of a conviction, there is | 22 |
| no waiting period to petition for the expungement of | 23 |
| such records. | 24 |
| (B) When the arrest or charge not initiated by | 25 |
| arrest
sought to be expunged resulted in an order of | 26 |
| supervision, successfully
completed by the petitioner, |
|
|
|
HB3961 Enrolled |
- 24 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| the following time frames will apply: | 2 |
| (i) Those arrests or charges that resulted in | 3 |
| orders of
supervision under Section 3-707, 3-708, | 4 |
| 3-710, or 5-401.3 of the Illinois Vehicle Code or a | 5 |
| similar provision of a local ordinance, or under | 6 |
| Section 12-3.2, 12-15 or 16A-3 of the Criminal Code | 7 |
| of 1961, shall not be eligible for expungement | 8 |
| until 5 years have passed following the | 9 |
| satisfactory termination of the supervision. | 10 |
| (ii) Those arrests or charges that resulted in | 11 |
| orders
of supervision for any other offenses shall | 12 |
| not be
eligible for expungement until 2 years have | 13 |
| passed
following the satisfactory termination of | 14 |
| the supervision. | 15 |
| (C) When the arrest or charge not initiated by | 16 |
| arrest sought to
be expunged resulted in an order of | 17 |
| qualified probation, successfully
completed by the | 18 |
| petitioner, such records shall not be eligible for
| 19 |
| expungement until 5 years have passed following the | 20 |
| satisfactory
termination of the probation. | 21 |
| (3) Those records maintained by the Department for
| 22 |
| persons arrested prior to their 17th birthday shall be
| 23 |
| expunged as provided in Section 5-915 of the Juvenile Court
| 24 |
| Act of 1987. | 25 |
| (4) Whenever a person has been arrested for or | 26 |
| convicted of any
offense, in the name of a person whose |
|
|
|
HB3961 Enrolled |
- 25 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| identity he or she has stolen or otherwise
come into | 2 |
| possession of, the aggrieved person from whom the identity
| 3 |
| was stolen or otherwise obtained without authorization,
| 4 |
| upon learning of the person having been arrested using his
| 5 |
| or her identity, may, upon verified petition to the chief | 6 |
| judge of
the circuit wherein the arrest was made, have a | 7 |
| court order
entered nunc pro tunc by the Chief Judge to | 8 |
| correct the
arrest record, conviction record, if any, and | 9 |
| all official
records of the arresting authority, the | 10 |
| Department, other
criminal justice agencies, the | 11 |
| prosecutor, and the trial
court concerning such arrest, if | 12 |
| any, by removing his or her name
from all such records in | 13 |
| connection with the arrest and
conviction, if any, and by | 14 |
| inserting in the records the
name of the offender, if known | 15 |
| or ascertainable, in lieu of
the aggrieved's name. The | 16 |
| records of the circuit court clerk shall be sealed until | 17 |
| further order of
the court upon good cause shown and the | 18 |
| name of the
aggrieved person obliterated on the official | 19 |
| index
required to be kept by the circuit court clerk under
| 20 |
| Section 16 of the Clerks of Courts Act, but the order shall
| 21 |
| not affect any index issued by the circuit court clerk
| 22 |
| before the entry of the order. Nothing in this Section
| 23 |
| shall limit the Department of State Police or other
| 24 |
| criminal justice agencies or prosecutors from listing
| 25 |
| under an offender's name the false names he or she has
| 26 |
| used. |
|
|
|
HB3961 Enrolled |
- 26 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| (5) Whenever a person has been convicted of criminal
| 2 |
| sexual assault, aggravated criminal sexual assault,
| 3 |
| predatory criminal sexual assault of a child, criminal
| 4 |
| sexual abuse, or aggravated criminal sexual abuse, the
| 5 |
| victim of that offense may request that the State's
| 6 |
| Attorney of the county in which the conviction occurred
| 7 |
| file a verified petition with the presiding trial judge at
| 8 |
| the petitioner's trial to have a court order entered to | 9 |
| seal
the records of the circuit court clerk in connection
| 10 |
| with the proceedings of the trial court concerning that
| 11 |
| offense. However, the records of the arresting authority
| 12 |
| and the Department of State Police concerning the offense
| 13 |
| shall not be sealed. The court, upon good cause shown,
| 14 |
| shall make the records of the circuit court clerk in
| 15 |
| connection with the proceedings of the trial court
| 16 |
| concerning the offense available for public inspection. | 17 |
| (6) If a conviction has been set aside on direct review
| 18 |
| or on collateral attack and the court determines by clear
| 19 |
| and convincing evidence that the petitioner was factually
| 20 |
| innocent of the charge, the court shall enter an
| 21 |
| expungement order as provided in subsection (b) of Section
| 22 |
| 5-5-4 of the Unified Code of Corrections. | 23 |
| (7) Nothing in this Section shall prevent the | 24 |
| Department of
State Police from maintaining all records of | 25 |
| any person who
is admitted to probation upon terms and | 26 |
| conditions and who
fulfills those terms and conditions |
|
|
|
HB3961 Enrolled |
- 27 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| pursuant to Section 10
of the Cannabis Control Act, Section | 2 |
| 410 of the Illinois
Controlled Substances Act, Section 70 | 3 |
| of the
Methamphetamine Control and Community Protection | 4 |
| Act,
Section 12-4.3 of the Criminal Code of 1961, Section | 5 |
| 10-102
of the Illinois Alcoholism and Other Drug Dependency | 6 |
| Act,
Section 40-10 of the Alcoholism and Other Drug Abuse | 7 |
| and
Dependency Act, or Section 10 of the Steroid Control | 8 |
| Act. | 9 |
| (c) Sealing. | 10 |
| (1) Applicability. Notwithstanding any other provision | 11 |
| of this Act to the contrary, and cumulative with any rights | 12 |
| to expungement of criminal records, this subsection | 13 |
| authorizes the sealing of criminal records of adults and of | 14 |
| minors prosecuted as adults. | 15 |
| (2) Eligible Records. The following records may be | 16 |
| sealed: | 17 |
| (A) All arrests resulting in release without | 18 |
| charging; | 19 |
| (B) Arrests or charges not initiated by arrest | 20 |
| resulting in acquittal, dismissal, or conviction when | 21 |
| the conviction was reversed or vacated, except as | 22 |
| excluded by subsection (a)(3)(B) or (a)(3)(D); | 23 |
| (C) Arrests or charges not initiated by arrest | 24 |
| resulting in orders of supervision successfully | 25 |
| completed by the petitioner, unless excluded by | 26 |
| subsection (a)(3); |
|
|
|
HB3961 Enrolled |
- 28 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| (D) Arrests or charges not initiated by arrest | 2 |
| resulting in convictions unless excluded by subsection | 3 |
| (a)(3); | 4 |
| (E) Arrests or charges not initiated by arrest | 5 |
| resulting in orders of first offender probation under | 6 |
| Section 10 of the Cannabis Control Act, Section 410 of | 7 |
| the Illinois Controlled Substances Act, or Section 70 | 8 |
| of the Methamphetamine Control and Community | 9 |
| Protection Act; and | 10 |
| (F) Arrests or charges not initiated by arrest | 11 |
| resulting in Class 4 felony convictions for the | 12 |
| following offenses: | 13 |
| (i) Section 11-14 of the Criminal Code of 1961; | 14 |
| (ii) Section 4 of the Cannabis Control Act; | 15 |
| (iii) Section 402 of the Illinois Controlled | 16 |
| Substances Act; | 17 |
| (iv) the Methamphetamine Precursor Control | 18 |
| Act; and | 19 |
| (v) the Steroid Control Act. | 20 |
| (3) When Records Are Eligible to Be Sealed. Records | 21 |
| identified as eligible under subsection (c)(2) may be | 22 |
| sealed as follows: | 23 |
| (A) Records identified as eligible under | 24 |
| subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | 25 |
| time. | 26 |
| (B) Records identified as eligible under |
|
|
|
HB3961 Enrolled |
- 29 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| subsection (c)(2)(C) may be sealed
(i) 3 years after | 2 |
| the termination of petitioner's last sentence (as | 3 |
| defined in subsection (a)(1)(F)) if the petitioner has | 4 |
| never been convicted of a criminal offense (as defined | 5 |
| in subsection (a)(1)(D)); or
(ii) 4 years after the | 6 |
| termination of the petitioner's last sentence (as | 7 |
| defined in subsection (a)(1)(F)) if the petitioner has | 8 |
| ever been convicted of a criminal offense (as defined | 9 |
| in subsection (a)(1)(D)). | 10 |
| (C) Records identified as eligible under | 11 |
| subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | 12 |
| sealed 4 years after the termination of the | 13 |
| petitioner's last sentence (as defined in subsection | 14 |
| (a)(1)(F)). | 15 |
| (4) Subsequent felony convictions. A person may not | 16 |
| have
subsequent felony conviction records sealed as | 17 |
| provided in this subsection
(c) if he or she is convicted | 18 |
| of any felony offense after the date of the
sealing of | 19 |
| prior felony convictions as provided in this subsection | 20 |
| (c). The court may, upon conviction for a subsequent felony | 21 |
| offense, order the unsealing of prior felony conviction | 22 |
| records previously ordered sealed by the court. | 23 |
| (5) Notice of eligibility for sealing. Upon entry of a | 24 |
| disposition for an eligible record under this subsection | 25 |
| (c), the petitioner shall be informed by the court of the | 26 |
| right to have the records sealed and the procedures for the |
|
|
|
HB3961 Enrolled |
- 30 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| sealing of the records. | 2 |
| (d) Procedure. The following procedures apply to | 3 |
| expungement under subsections (b) and (e), and sealing under | 4 |
| subsection (c): | 5 |
| (1) Filing the petition. Upon becoming eligible to | 6 |
| petition for
the expungement or sealing of records under | 7 |
| this Section, the petitioner shall file a petition | 8 |
| requesting the expungement
or sealing of records with the | 9 |
| clerk of the court where the arrests occurred or the | 10 |
| charges were brought, or both. If arrests occurred or | 11 |
| charges were brought in multiple jurisdictions, a petition | 12 |
| must be filed in each such jurisdiction. The petitioner | 13 |
| shall pay the applicable fee, if not waived. | 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. | 23 |
| (3) Drug test. The petitioner must attach to the | 24 |
| petition proof that the petitioner has passed a test taken | 25 |
| within 30 days before the filing of the petition showing | 26 |
| the absence within his or her body of all illegal |
|
|
|
HB3961 Enrolled |
- 31 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| substances as defined by the Illinois Controlled | 2 |
| Substances Act, the Methamphetamine Control and Community | 3 |
| Protection Act, and the Cannabis Control Act if he or she | 4 |
| is petitioning to seal felony records pursuant to clause | 5 |
| (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is | 6 |
| petitioning to expunge felony records of a qualified | 7 |
| probation pursuant to clause (b)(1)(B)(iv). | 8 |
| (4) Service of petition. The circuit court clerk shall | 9 |
| promptly
serve a copy of the petition on the State's | 10 |
| Attorney or
prosecutor charged with the duty of prosecuting | 11 |
| the
offense, the Department of State Police, the arresting
| 12 |
| agency and the chief legal officer of the unit of local
| 13 |
| government effecting the arrest. | 14 |
| (5) Objections. | 15 |
| (A) Any party entitled to notice of the petition | 16 |
| may file an objection to the petition. All objections | 17 |
| shall be in writing, shall be filed with the circuit | 18 |
| court clerk, and shall state with specificity the basis | 19 |
| of the objection. | 20 |
| (B) Objections to a petition to expunge or seal | 21 |
| must be filed within 60 days of the date of service of | 22 |
| the petition. | 23 |
| (6) Entry of order. | 24 |
| (A) The Chief Judge of the circuit wherein the | 25 |
| charge was brought, any judge of that circuit | 26 |
| designated by the Chief Judge, or in counties of less |
|
|
|
HB3961 Enrolled |
- 32 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| than 3,000,000 inhabitants, the presiding trial judge | 2 |
| at the petitioner's trial, if any, shall rule on the | 3 |
| petition to expunge or seal as set forth in this | 4 |
| subsection (d)(6). | 5 |
| (B) Unless the State's Attorney or prosecutor, the | 6 |
| Department of
State Police, the arresting agency, or | 7 |
| the chief legal officer
files an objection to the | 8 |
| petition to expunge or seal within 60 days from the | 9 |
| date of service of the petition, the court shall enter | 10 |
| an order granting or denying the petition. | 11 |
| (7) Hearings. If an objection is filed, the court shall | 12 |
| set a date for a hearing and notify the petitioner and all | 13 |
| parties entitled to notice of the petition of the hearing | 14 |
| date at least 30 days prior to the hearing, and shall hear | 15 |
| evidence on whether the petition should or should not be | 16 |
| granted, and shall grant or deny the petition to expunge or | 17 |
| seal the records based on the evidence presented at the | 18 |
| hearing. | 19 |
| (8) Service of order. After entering an order to | 20 |
| expunge or
seal records, the court must provide copies of | 21 |
| the order to the
Department, in a form and manner | 22 |
| prescribed by the Department,
to the petitioner, to the | 23 |
| State's Attorney or prosecutor
charged with the duty of | 24 |
| prosecuting the offense, to the
arresting agency, to the | 25 |
| chief legal officer of the unit of
local government | 26 |
| effecting the arrest, and to such other
criminal justice |
|
|
|
HB3961 Enrolled |
- 33 - |
LRB096 09615 RLC 19776 b |
|
| 1 |
| agencies as may be ordered by the court. | 2 |
| (9) Effect of order. | 3 |
| (A) Upon entry of an order to expunge records | 4 |
| pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | 5 |
| (i) the records shall be expunged (as defined | 6 |
| in subsection (a)(1)(E)) by the arresting agency, | 7 |
| the Department, and any other agency as ordered by | 8 |
| the court, within 60 days of the date of service of | 9 |
| the order, unless a motion to vacate, modify, or | 10 |
| reconsider the order is filed pursuant to | 11 |
| paragraph (12) of subsection (d) of this Section; | 12 |
| (ii) the records of the circuit court clerk | 13 |
| shall be impounded until further order of the court | 14 |
| upon good cause shown and the name of the | 15 |
| petitioner obliterated on the official index | 16 |
| required to be kept by the circuit court clerk | 17 |
| under Section 16 of the Clerks of Courts Act, but | 18 |
| the order shall not affect any index issued by the | 19 |
| circuit court clerk before the entry of the order; | 20 |
| and | 21 |
| (iii) in response to an inquiry for expunged | 22 |
| records, the court, the Department, or the agency | 23 |
| receiving such inquiry, shall reply as it does in | 24 |
| response to inquiries when no records ever | 25 |
| existed. | 26 |
| (B) Upon entry of an order to expunge records |
|
|
|
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| 1 |
| pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | 2 |
| (i) the records shall be expunged (as defined | 3 |
| in subsection (a)(1)(E)) by the arresting agency | 4 |
| and any other agency as ordered by the court, | 5 |
| within 60 days of the date of service of the order, | 6 |
| unless a motion to vacate, modify, or reconsider | 7 |
| the order is filed pursuant to paragraph (12) of | 8 |
| subsection (d) of this Section; | 9 |
| (ii) the records of the circuit court clerk | 10 |
| shall be impounded until further order of the court | 11 |
| upon good cause shown and the name of the | 12 |
| petitioner obliterated on the official index | 13 |
| required to be kept by the circuit court clerk | 14 |
| under Section 16 of the Clerks of Courts Act, but | 15 |
| the order shall not affect any index issued by the | 16 |
| circuit court clerk before the entry of the order; | 17 |
| (iii) the records shall be impounded by the
| 18 |
| Department within 60 days of the date of service of | 19 |
| the order as ordered by the court, unless a motion | 20 |
| to vacate, modify, or reconsider the order is filed | 21 |
| pursuant to paragraph (12) of subsection (d) of | 22 |
| this Section; | 23 |
| (iv) records impounded by the Department may | 24 |
| be disseminated by the Department only to the | 25 |
| arresting authority, the State's Attorney, and the | 26 |
| court upon a later arrest for the same or a similar |
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| offense or for the purpose of sentencing for any | 2 |
| subsequent felony, and to the Department of | 3 |
| Corrections upon conviction for any offense; and | 4 |
| (v) in response to an inquiry for such records | 5 |
| from anyone not authorized by law to access such | 6 |
| records the court, the Department, or the agency | 7 |
| receiving such inquiry shall reply as it does in | 8 |
| response to inquiries when no records ever | 9 |
| existed. | 10 |
| (C) Upon entry of an order to seal records under | 11 |
| subsection
(c), the arresting agency, any other agency | 12 |
| as ordered by the court, the Department, and the court | 13 |
| shall seal the records (as defined in subsection | 14 |
| (a)(1)(K)). In response to an inquiry for such records | 15 |
| from anyone not authorized by law to access such | 16 |
| records the court, the Department, or the agency | 17 |
| receiving such inquiry shall reply as it does in | 18 |
| response to inquiries when no records ever existed. | 19 |
| (10) Fees. The Department may charge the petitioner a | 20 |
| fee equivalent to the cost of processing any order to | 21 |
| expunge or seal records. Notwithstanding any provision of | 22 |
| the Clerks of Courts Act to the contrary, the circuit court | 23 |
| clerk may charge a fee equivalent to the cost associated | 24 |
| with the sealing or expungement of records by the circuit | 25 |
| court clerk. From the total filing fee collected for the | 26 |
| petition to seal or expunge, the circuit court clerk shall |
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| deposit $10 into the Circuit Court Clerk Operation and | 2 |
| Administrative Fund, to be used to offset the costs | 3 |
| incurred by the circuit court clerk in performing the | 4 |
| additional duties required to serve the petition to seal or | 5 |
| expunge on all parties. The circuit court clerk shall | 6 |
| collect and forward the Department of State Police portion | 7 |
| of the fee to the Department and it shall be deposited in | 8 |
| the State Police Services Fund. | 9 |
| (11) Final Order. No court order issued under the | 10 |
| expungement or sealing provisions of this Section shall | 11 |
| become final for purposes of appeal until 30 days after | 12 |
| service of the order on the petitioner and all parties | 13 |
| entitled to notice of the petition. | 14 |
| (12) Motion to Vacate, Modify, or Reconsider. The | 15 |
| petitioner or any party entitled to notice may file a | 16 |
| motion to vacate, modify, or reconsider the order granting | 17 |
| or denying the petition to expunge or seal within 60 days | 18 |
| of service of the order. | 19 |
| (e) Whenever a person who has been convicted of an offense | 20 |
| is granted
a pardon by the Governor which specifically | 21 |
| authorizes expungement, he or she may,
upon verified petition | 22 |
| to the Chief Judge of the circuit where the person had
been | 23 |
| convicted, any judge of the circuit designated by the Chief | 24 |
| Judge, or in
counties of less than 3,000,000 inhabitants, the | 25 |
| presiding trial judge at the
defendant's trial, have a court | 26 |
| order entered expunging the record of
arrest from the official |
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| records of the arresting authority and order that the
records | 2 |
| of the circuit court clerk and the Department be sealed until
| 3 |
| further order of the court upon good cause shown or as | 4 |
| otherwise provided
herein, and the name of the defendant | 5 |
| obliterated from the official index
requested to be kept by the | 6 |
| circuit court clerk under Section 16 of the Clerks
of Courts | 7 |
| Act in connection with the arrest and conviction for the | 8 |
| offense for
which he or she had been pardoned but the order | 9 |
| shall not affect any index issued by
the circuit court clerk | 10 |
| before the entry of the order. All records sealed by
the | 11 |
| Department may be disseminated by the Department only as | 12 |
| required by law or
to the arresting authority, the State's | 13 |
| Attorney, and the court upon a later
arrest for the same or | 14 |
| similar offense or for the purpose of sentencing for any
| 15 |
| subsequent felony. Upon conviction for any subsequent offense, | 16 |
| the Department
of Corrections shall have access to all sealed | 17 |
| records of the Department
pertaining to that individual. Upon | 18 |
| entry of the order of expungement, the
circuit court clerk | 19 |
| shall promptly mail a copy of the order to the
person who was | 20 |
| pardoned. | 21 |
| (f) Subject to available funding, the Illinois Department
| 22 |
| of Corrections shall conduct a study of the impact of sealing,
| 23 |
| especially on employment and recidivism rates, utilizing a
| 24 |
| random sample of those who apply for the sealing of their
| 25 |
| criminal records under Public Act 93-211. At the request of the
| 26 |
| Illinois Department of Corrections, records of the Illinois
|
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| Department of Employment Security shall be utilized as
| 2 |
| appropriate to assist in the study. The study shall not
| 3 |
| disclose any data in a manner that would allow the
| 4 |
| identification of any particular individual or employing unit.
| 5 |
| The study shall be made available to the General Assembly no
| 6 |
| later than September 1, 2010.
| 7 |
| (20 ILCS 2630/13)
| 8 |
| Sec. 13. Retention and release of sealed records. | 9 |
| (a) The Department of State Police shall retain records | 10 |
| sealed under
subsection (c) (h) of Section 5.2 5 and shall | 11 |
| release them only as authorized by this Act. Felony records | 12 |
| sealed under subsection (c) (h) of Section 5.2 5
shall be used | 13 |
| and
disseminated by the Department only as otherwise | 14 |
| specifically required or authorized by a federal or State law, | 15 |
| rule, or regulation that requires inquiry into and release of | 16 |
| criminal records, including, but not limited to, subsection (A) | 17 |
| of Section 3 of this Act. However, all requests for records | 18 |
| that have been expunged, sealed, and impounded and the use of | 19 |
| those records are subject to the provisions of Section 2-103 of | 20 |
| the Illinois Human Rights Act. Upon
conviction for any offense, | 21 |
| the Department of Corrections shall have
access to all sealed | 22 |
| records of the Department pertaining to that
individual. | 23 |
| (b) Notwithstanding the foregoing, all sealed records are | 24 |
| subject to inspection and use by the court and inspection and | 25 |
| use by law enforcement agencies and State's Attorneys or other |
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| prosecutors in carrying out the duties of their offices.
| 2 |
| (c) The sealed records maintained under subsection (a) are | 3 |
| exempt from
disclosure under the Freedom of Information Act. | 4 |
| (d) The Department of State Police shall commence the | 5 |
| sealing of records of felony arrests and felony convictions | 6 |
| pursuant to the provisions of subsection (c) (h) of Section 5.2 | 7 |
| 5 of this Act no later than one year from the date that funds | 8 |
| have been made available for purposes of establishing the | 9 |
| technologies necessary to implement the changes made by this | 10 |
| amendatory Act of the 93rd General Assembly.
| 11 |
| (Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05 .)
| 12 |
| (20 ILCS 2630/14 new)
| 13 |
| Sec. 14. Expungement Backlog Accountability Law. | 14 |
| (a) On or before August 1 of each year, the Department of | 15 |
| State Police shall report to the Governor, the Attorney | 16 |
| General, the Office of the State Appellate Defender, and both | 17 |
| houses of the General Assembly the following information for | 18 |
| the previous fiscal year: | 19 |
| (1) the number of petitions to expunge received by the | 20 |
| Department; | 21 |
| (2) the number of petitions to expunge to which the | 22 |
| Department objected pursuant to subdivision (d)(5)(B) of | 23 |
| Section 5.2 of this Act; | 24 |
| (3) the number of petitions to seal records received by | 25 |
| the Department; |
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| (4) the number of petitions to seal records to which | 2 |
| the Department objected pursuant to subdivision (d)(5)(B) | 3 |
| of Section 5.2 of this Act; | 4 |
| (5) the number of orders to expunge received by the | 5 |
| Department; | 6 |
| (6) the number of orders to expunge to which the | 7 |
| Department successfully filed a
motion to vacate, modify or | 8 |
| reconsider under paragraph (12) of subsection (d) of | 9 |
| Section 5.2 of
this Act; | 10 |
| (7) the number of orders to expunge records entered by | 11 |
| the Department; | 12 |
| (8) the number of orders to seal records received by | 13 |
| the Department; | 14 |
| (9) the number of orders to seal records to which the | 15 |
| Department successfully filed a
motion to vacate, modify or | 16 |
| reconsider under paragraph (12) of subsection (d) of | 17 |
| Section 5.2 of
this Act; | 18 |
| (10) the number of orders to seal records entered by | 19 |
| the Department; | 20 |
| (11) the amount of fees received by the Department | 21 |
| pursuant to subdivision (d)(10)
of Section 5.2 of this Act | 22 |
| and deposited into the State Police Services Fund; | 23 |
| (12) the number of orders to expunge or to seal records | 24 |
| received by the
Department that have not been entered as of | 25 |
| June 30 of the previous fiscal year. | 26 |
| (b) The information reported under this Section shall be |
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| made available to the public, at the time it is reported, on | 2 |
| the official web site of the Department of State Police.
| 3 |
| Section 10. The Unified Code of Corrections is amended by | 4 |
| changing Section 5-6-3.1 as follows:
| 5 |
| (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 6 |
| (Text of Section after amendment by P.A. 95-983 ) | 7 |
| Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| 8 |
| (a) When a defendant is placed on supervision, the court | 9 |
| shall enter
an order for supervision specifying the period of | 10 |
| such supervision, and
shall defer further proceedings in the | 11 |
| case until the conclusion of the
period.
| 12 |
| (b) The period of supervision shall be reasonable under all | 13 |
| of the
circumstances of the case, but may not be longer than 2 | 14 |
| years, unless the
defendant has failed to pay the assessment | 15 |
| required by Section 10.3 of the
Cannabis Control Act,
Section | 16 |
| 411.2 of the Illinois Controlled
Substances Act, or Section 80 | 17 |
| of the Methamphetamine Control and Community Protection Act, in | 18 |
| which case the court may extend supervision beyond 2 years.
| 19 |
| Additionally, the court shall order the defendant to perform no | 20 |
| less than 30
hours of community service and not more than 120 | 21 |
| hours of community service, if
community service is available | 22 |
| in the
jurisdiction and is funded and approved by the county | 23 |
| board where the offense
was committed,
when the offense (1) was
| 24 |
| related to or in furtherance of the criminal activities of an |
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| organized gang or
was motivated by the defendant's membership | 2 |
| in or allegiance to an organized
gang; or (2) is a violation of | 3 |
| any Section of Article 24 of the Criminal
Code of 1961 where a | 4 |
| disposition of supervision is not prohibited by Section
5-6-1 | 5 |
| of this Code.
The
community service shall include, but not be | 6 |
| limited to, the cleanup and repair
of any damage caused by | 7 |
| violation of Section 21-1.3 of the Criminal Code of
1961 and | 8 |
| similar damages to property located within the municipality or | 9 |
| county
in which the violation occurred. Where possible and | 10 |
| reasonable, the community
service should be performed in the | 11 |
| offender's neighborhood.
| 12 |
| For the purposes of this
Section, "organized gang" has the | 13 |
| meaning ascribed to it in Section 10 of the
Illinois Streetgang | 14 |
| Terrorism Omnibus Prevention Act.
| 15 |
| (c) The court may in addition to other reasonable | 16 |
| conditions
relating to the nature of the offense or the | 17 |
| rehabilitation of the
defendant as determined for each | 18 |
| defendant in the proper discretion of
the court require that | 19 |
| the person:
| 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 supervision;
| 24 |
| (2) pay a fine and costs;
| 25 |
| (3) work or pursue a course of study or vocational | 26 |
| training;
|
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| (4) undergo medical, psychological or psychiatric | 2 |
| treatment; or
treatment for drug addiction or alcoholism;
| 3 |
| (5) attend or reside in a facility established for the | 4 |
| instruction
or residence of defendants on probation;
| 5 |
| (6) support his dependents;
| 6 |
| (7) refrain from possessing a firearm or other | 7 |
| dangerous weapon;
| 8 |
| (8) and in addition, if a minor:
| 9 |
| (i) reside with his parents or in a foster home;
| 10 |
| (ii) attend school;
| 11 |
| (iii) attend a non-residential program for youth;
| 12 |
| (iv) contribute to his own support at home or in a | 13 |
| foster home; or
| 14 |
| (v) with the consent of the superintendent of the
| 15 |
| facility, attend an educational program at a facility | 16 |
| other than the school
in which the
offense was | 17 |
| committed if he
or she is placed on supervision for a | 18 |
| crime of violence as
defined in
Section 2 of the Crime | 19 |
| Victims Compensation Act committed in a school, on the
| 20 |
| real
property
comprising a school, or within 1,000 feet | 21 |
| of the real property comprising a
school;
| 22 |
| (9) make restitution or reparation in an amount not to | 23 |
| exceed actual
loss or damage to property and pecuniary loss | 24 |
| or make restitution under Section
5-5-6 to a domestic | 25 |
| violence shelter. The court shall
determine the amount and | 26 |
| conditions of payment;
|
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| (10) perform some reasonable public or community | 2 |
| service;
| 3 |
| (11) comply with the terms and conditions of an order | 4 |
| of protection
issued by the court pursuant to the Illinois | 5 |
| Domestic Violence Act of 1986 or
an order of protection | 6 |
| issued by the court of another state, tribe, or United
| 7 |
| States territory.
If the court has ordered the defendant to | 8 |
| make a report and appear in
person under paragraph (1) of | 9 |
| this subsection, a copy of the order of
protection shall be | 10 |
| transmitted to the person or agency so designated
by the | 11 |
| court;
| 12 |
| (12) reimburse any "local anti-crime program" as | 13 |
| defined in Section 7 of
the Anti-Crime Advisory Council Act | 14 |
| for any reasonable expenses incurred by the
program on the | 15 |
| offender's case, not to exceed the maximum amount of the
| 16 |
| fine authorized for the offense for which the defendant was | 17 |
| sentenced;
| 18 |
| (13) contribute a reasonable sum of money, not to
| 19 |
| exceed the maximum amount of the fine authorized for the | 20 |
| offense for which
the defendant was sentenced, (i) to a | 21 |
| "local anti-crime program", as defined
in Section 7 of the | 22 |
| Anti-Crime Advisory Council Act, or (ii) for offenses under | 23 |
| the jurisdiction of the Department of Natural Resources, to | 24 |
| the fund established by the Department of Natural Resources | 25 |
| for the purchase of evidence for investigation purposes and | 26 |
| to conduct investigations as outlined in Section 805-105 of |
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| the Department of Natural Resources (Conservation) Law;
| 2 |
| (14) refrain from entering into a designated | 3 |
| geographic area except
upon such terms as the court finds | 4 |
| appropriate. Such terms may include
consideration of the | 5 |
| purpose of the entry, the time of day, other persons
| 6 |
| accompanying the defendant, and advance approval by a | 7 |
| probation officer;
| 8 |
| (15) refrain from having any contact, directly or | 9 |
| indirectly, with
certain specified persons or particular | 10 |
| types of person, including but not
limited to members of | 11 |
| street gangs and drug users or dealers;
| 12 |
| (16) refrain from having in his or her body the | 13 |
| presence of any illicit
drug prohibited by the Cannabis | 14 |
| Control Act, the Illinois Controlled
Substances Act, or the | 15 |
| Methamphetamine Control and Community Protection Act, | 16 |
| unless prescribed by a physician, and submit samples of
his | 17 |
| or her blood or urine or both for tests to determine the | 18 |
| presence of any
illicit drug;
| 19 |
| (17) refrain from operating any motor vehicle not | 20 |
| equipped with an
ignition interlock device as defined in | 21 |
| Section 1-129.1 of the Illinois
Vehicle Code; under this | 22 |
| condition the court may allow a defendant who is not
| 23 |
| self-employed to operate a vehicle owned by the defendant's | 24 |
| employer that is
not equipped with an ignition interlock | 25 |
| device in the course and scope of the
defendant's | 26 |
| employment; and
|
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| (18) if placed on supervision for a sex offense as | 2 |
| defined in subsection (a-5) of Section 3-1-2 of this Code, | 3 |
| unless the offender is a parent or guardian of the person | 4 |
| under 18 years of age present in the home and no | 5 |
| non-familial minors are present, not participate in a | 6 |
| holiday event involving
children
under 18 years of age, | 7 |
| such as distributing candy or other items to children on
| 8 |
| Halloween,
wearing a Santa Claus costume on or preceding | 9 |
| Christmas, being employed as a
department store Santa | 10 |
| Claus, or wearing an Easter Bunny costume on or
preceding
| 11 |
| Easter. | 12 |
| (d) The court shall defer entering any judgment on the | 13 |
| charges
until the conclusion of the supervision.
| 14 |
| (e) At the conclusion of the period of supervision, if the | 15 |
| court
determines that the defendant has successfully complied | 16 |
| with all of the
conditions of supervision, the court shall | 17 |
| discharge the defendant and
enter a judgment dismissing the | 18 |
| charges.
| 19 |
| (f) Discharge and dismissal upon a successful conclusion of | 20 |
| a
disposition of supervision shall be deemed without | 21 |
| adjudication of guilt
and shall not be termed a conviction for | 22 |
| purposes of disqualification or
disabilities imposed by law | 23 |
| upon conviction of a crime. Two years after the
discharge and | 24 |
| dismissal under this Section, unless the disposition of
| 25 |
| supervision was for a violation of Sections 3-707, 3-708, | 26 |
| 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a |
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| similar
provision of a local ordinance, or for a violation of | 2 |
| Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | 3 |
| case it shall be 5
years after discharge and dismissal, a | 4 |
| person may have his record
of arrest sealed or expunged as may | 5 |
| be provided by law. However, any
defendant placed on | 6 |
| supervision before January 1, 1980, may move for
sealing or | 7 |
| expungement of his arrest record, as provided by law, at any
| 8 |
| time after discharge and dismissal under this Section.
A person | 9 |
| placed on supervision for a sexual offense committed against a | 10 |
| minor
as defined in clause (a)(1)(L) subsection (g) of Section | 11 |
| 5.2 5 of the Criminal Identification Act
or for a violation of | 12 |
| Section 11-501 of the Illinois Vehicle Code or a
similar | 13 |
| provision of a local ordinance
shall not have his or her record | 14 |
| of arrest sealed or expunged.
| 15 |
| (g) A defendant placed on supervision and who during the | 16 |
| period of
supervision undergoes mandatory drug or alcohol | 17 |
| testing, or both, or is
assigned to be placed on an approved | 18 |
| electronic monitoring device, shall be
ordered to pay the costs | 19 |
| incidental to such mandatory drug or alcohol
testing, or both, | 20 |
| and costs incidental to such approved electronic
monitoring in | 21 |
| accordance with the defendant's ability to pay those costs.
The | 22 |
| county board with the concurrence of the Chief Judge of the | 23 |
| judicial
circuit in which the county is located shall establish | 24 |
| reasonable fees for
the cost of maintenance, testing, and | 25 |
| incidental expenses related to the
mandatory drug or alcohol | 26 |
| testing, or both, and all costs incidental to
approved |
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| electronic monitoring, of all defendants placed on | 2 |
| supervision.
The concurrence of the Chief Judge shall be in the | 3 |
| form of an
administrative order.
The fees shall be collected by | 4 |
| the clerk of the circuit court. The clerk of
the circuit court | 5 |
| shall pay all moneys collected from these fees to the county
| 6 |
| treasurer who shall use the moneys collected to defray the | 7 |
| costs of
drug testing, alcohol testing, and electronic | 8 |
| monitoring.
The county treasurer shall deposit the fees | 9 |
| collected in the
county working cash fund under Section 6-27001 | 10 |
| or Section 6-29002 of the
Counties Code, as the case may be.
| 11 |
| (h) A disposition of supervision is a final order for the | 12 |
| purposes
of appeal.
| 13 |
| (i) The court shall impose upon a defendant placed on | 14 |
| supervision
after January 1, 1992 or to community service under | 15 |
| the supervision of a
probation or court services department | 16 |
| after January 1, 2004, as a condition
of supervision or | 17 |
| supervised community service, a fee of $50 for
each month of | 18 |
| supervision or supervised community service ordered by the
| 19 |
| court, unless after
determining the inability of the person | 20 |
| placed on supervision or supervised
community service to pay | 21 |
| the
fee, the court assesses a lesser fee. The court may not | 22 |
| impose the fee on a
minor who is made a ward of the State under | 23 |
| the Juvenile Court Act of 1987
while the minor is in placement.
| 24 |
| The fee shall be imposed only upon a
defendant who is actively | 25 |
| supervised by the
probation and court services
department. The | 26 |
| fee shall be collected by the clerk of the circuit court.
The |
|
|
|
HB3961 Enrolled |
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LRB096 09615 RLC 19776 b |
|
| 1 |
| clerk of the circuit court shall pay all monies collected from | 2 |
| this fee
to the county treasurer for deposit in the probation | 3 |
| and court services
fund pursuant to Section 15.1 of the | 4 |
| Probation and
Probation Officers Act.
| 5 |
| A circuit court may not impose a probation fee in excess of | 6 |
| $25
per month unless: (1) the circuit court has adopted, by | 7 |
| administrative
order issued by the chief judge, a standard | 8 |
| probation fee guide
determining an offender's ability to pay, | 9 |
| under guidelines developed by
the Administrative
Office of the | 10 |
| Illinois Courts; and (2) the circuit court has authorized, by
| 11 |
| administrative order issued by the chief judge, the creation of | 12 |
| a Crime
Victim's Services Fund, to be administered by the Chief | 13 |
| Judge or his or
her designee, for services to crime victims and | 14 |
| their families. Of the
amount collected as a probation fee, not | 15 |
| to exceed $5 of that fee
collected per month may be used to | 16 |
| provide services to crime victims
and their families.
| 17 |
| (j) All fines and costs imposed under this Section for any
| 18 |
| violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 19 |
| Code, or a
similar provision of a local ordinance, and any | 20 |
| violation of the Child
Passenger Protection Act, or a similar | 21 |
| provision of a local ordinance, shall
be collected and | 22 |
| disbursed by the circuit clerk as provided under Section
27.5 | 23 |
| of the Clerks of Courts Act.
| 24 |
| (k) A defendant at least 17 years of age who is placed on | 25 |
| supervision
for a misdemeanor in a county of 3,000,000 or more | 26 |
| inhabitants
and who has not been previously convicted of a |
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| misdemeanor or felony
may as a condition of his or her | 2 |
| supervision be required by the court to
attend educational | 3 |
| courses designed to prepare the defendant for a high school
| 4 |
| diploma and to work toward a high school diploma or to work | 5 |
| toward passing the
high school level Test of General | 6 |
| Educational Development (GED) or to work
toward completing a | 7 |
| vocational training program approved by the court. The
| 8 |
| defendant placed on supervision must attend a public | 9 |
| institution of education
to obtain the educational or | 10 |
| vocational training required by this subsection
(k). The | 11 |
| defendant placed on supervision shall be required to pay for | 12 |
| the cost
of the educational courses or GED test, if a fee is | 13 |
| charged for those courses
or test. The court shall revoke the | 14 |
| supervision of a person who wilfully fails
to comply with this | 15 |
| subsection (k). The court shall resentence the defendant
upon | 16 |
| revocation of supervision as provided in Section 5-6-4. This | 17 |
| subsection
(k) does not apply to a defendant who has a high | 18 |
| school diploma or has
successfully passed the GED test. This | 19 |
| subsection (k) does not apply to a
defendant who is determined | 20 |
| by the court to be developmentally disabled or
otherwise | 21 |
| mentally incapable of completing the
educational or vocational | 22 |
| program.
| 23 |
| (l) The court shall require a defendant placed on | 24 |
| supervision for
possession of a substance
prohibited by the | 25 |
| Cannabis Control Act, the Illinois Controlled Substances Act, | 26 |
| or the Methamphetamine Control and Community Protection Act
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| after a previous conviction or disposition of supervision for | 2 |
| possession of a
substance prohibited by the Cannabis Control | 3 |
| Act, the Illinois Controlled
Substances Act, or the | 4 |
| Methamphetamine Control and Community Protection Act or a | 5 |
| sentence of probation under Section 10 of the Cannabis
Control | 6 |
| Act or Section 410 of the Illinois Controlled Substances Act
| 7 |
| and after a finding by the court that the person is addicted, | 8 |
| to undergo
treatment at a substance abuse program approved by | 9 |
| the court.
| 10 |
| (m) The Secretary of State shall require anyone placed on | 11 |
| court supervision
for a
violation of Section 3-707 of the | 12 |
| Illinois Vehicle Code or a similar provision
of a local | 13 |
| ordinance
to give proof of his or her financial
responsibility | 14 |
| as
defined in Section 7-315 of the Illinois Vehicle Code. The | 15 |
| proof shall be
maintained by the individual in a manner | 16 |
| satisfactory to the Secretary of State
for
a
minimum period of | 17 |
| 3 years after the date the proof is first filed.
The proof | 18 |
| shall be limited to a single action per arrest and may not be
| 19 |
| affected by any post-sentence disposition. The Secretary of | 20 |
| State shall
suspend the driver's license of any person
| 21 |
| determined by the Secretary to be in violation of this | 22 |
| subsection. | 23 |
| (n) Any offender placed on supervision for any offense that | 24 |
| the court or probation department has determined to be sexually | 25 |
| motivated as defined in the Sex Offender Management Board Act | 26 |
| shall be required to refrain from any contact, directly or |
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| indirectly, with any persons specified by the court and shall | 2 |
| be available for all evaluations and treatment programs | 3 |
| required by the court or the probation department.
| 4 |
| (o) An offender placed on supervision for a sex offense as | 5 |
| defined in the Sex Offender
Management Board Act shall refrain | 6 |
| from residing at the same address or in the same condominium | 7 |
| unit or apartment unit or in the same condominium complex or | 8 |
| apartment complex with another person he or she knows or | 9 |
| reasonably should know is a convicted sex offender or has been | 10 |
| placed on supervision for a sex offense. The provisions of this | 11 |
| subsection (o) do not apply to a person convicted of a sex | 12 |
| offense who is placed in a Department of Corrections licensed | 13 |
| transitional housing facility for sex offenders. | 14 |
| (p) An offender placed on supervision for an offense | 15 |
| committed on or after June 1, 2008
(the effective date of | 16 |
| Public Act 95-464)
that would qualify the accused as a child | 17 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 18 |
| Criminal Code of 1961 shall refrain from communicating with or | 19 |
| contacting, by means of the Internet, a person who is not | 20 |
| related to the accused and whom the accused reasonably believes | 21 |
| to be under 18 years of age. For purposes of this subsection | 22 |
| (p), "Internet" has the meaning ascribed to it in Section 16J-5 | 23 |
| of the Criminal Code of 1961; and a person is not related to | 24 |
| the accused if the person is not: (i) the spouse, brother, or | 25 |
| sister of the accused; (ii) a descendant of the accused; (iii) | 26 |
| a first or second cousin of the accused; or (iv) a step-child |
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| or adopted child of the accused.
| 2 |
| (q) An offender placed on supervision for an offense | 3 |
| committed on or after June 1, 2008
(the effective date of | 4 |
| Public Act 95-464)
that would qualify the accused as a child | 5 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 6 |
| Criminal Code of 1961 shall, if so ordered by the court, | 7 |
| refrain from communicating with or contacting, by means of the | 8 |
| Internet, a person who is related to the accused and whom the | 9 |
| accused reasonably believes to be under 18 years of age. For | 10 |
| purposes of this subsection (q), "Internet" has the meaning | 11 |
| ascribed to it in Section 16J-5 of the Criminal Code of 1961; | 12 |
| and a person is related to the accused if the person is: (i) | 13 |
| the spouse, brother, or sister of the accused; (ii) a | 14 |
| descendant of the accused; (iii) a first or second cousin of | 15 |
| the accused; or (iv) a step-child or adopted child of the | 16 |
| accused.
| 17 |
| (r) An offender placed on supervision for an offense under | 18 |
| Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of | 19 |
| the Criminal Code of 1961, or any attempt to commit any of | 20 |
| these offenses, committed on or after the effective date of | 21 |
| this amendatory Act of the 95th General Assembly shall: | 22 |
| (i) not access or use a computer or any other device | 23 |
| with Internet capability without the prior written | 24 |
| approval of the court, except in connection with the | 25 |
| offender's employment or search for employment with the | 26 |
| prior approval of the court; |
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| (ii) submit to periodic unannounced examinations of | 2 |
| the offender's computer or any other device with Internet | 3 |
| capability by the offender's probation officer, a law | 4 |
| enforcement officer, or assigned computer or information | 5 |
| technology specialist, including the retrieval and copying | 6 |
| of all data from the computer or device and any internal or | 7 |
| external peripherals and removal of such information, | 8 |
| equipment, or device to conduct a more thorough inspection; | 9 |
| (iii) submit to the installation on the offender's | 10 |
| computer or device with Internet capability, at the | 11 |
| offender's expense, of one or more hardware or software | 12 |
| systems to monitor the Internet use; and | 13 |
| (iv) submit to any other appropriate restrictions | 14 |
| concerning the offender's use of or access to a computer or | 15 |
| any other device with Internet capability imposed by the | 16 |
| court. | 17 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 18 |
| 94-556, eff. 9-11-05; 95-211, eff. 1-1-08; 95-331, eff. | 19 |
| 8-21-07; 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. | 20 |
| 8-21-08; 95-983, eff. 6-1-09.)
| 21 |
| Section 15. The Illinois Human Rights Act is amended by | 22 |
| changing Section 2-103 as follows:
| 23 |
| (775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
| 24 |
| Sec. 2-103. Arrest Record.
|
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| (A) Unless otherwise authorized by law,
it is a civil | 2 |
| rights violation for any
employer, employment agency or labor | 3 |
| organization to inquire
into or to use the fact of an arrest or | 4 |
| criminal history
record information
ordered expunged, sealed | 5 |
| or impounded under Section 5.2 5 of the Criminal
Identification | 6 |
| Act as a basis to
refuse to hire, to segregate, or to act
with | 7 |
| respect to recruitment, hiring, promotion, renewal of | 8 |
| employment,
selection for training or apprenticeship, | 9 |
| discharge, discipline, tenure or
terms, privileges or | 10 |
| conditions of employment. This Section
does not prohibit a | 11 |
| State agency, unit of local government or school
district, or | 12 |
| private organization from requesting or utilizing sealed | 13 |
| felony
conviction information obtained from the Department of | 14 |
| State Police under
the provisions of Section 3 of the
Criminal | 15 |
| Identification Act or under other State or federal laws or | 16 |
| regulations that require criminal background checks in | 17 |
| evaluating the qualifications
and character of an employee or a | 18 |
| prospective employee.
| 19 |
| (B) The prohibition against the use of the fact of an | 20 |
| arrest contained in
this Section shall not be construed to | 21 |
| prohibit an employer, employment agency,
or labor organization | 22 |
| from obtaining or using other information which indicates
that | 23 |
| a person actually engaged in the conduct for which he or she | 24 |
| was
arrested.
| 25 |
| (Source: P.A. 93-1084, eff. 6-1-05 .)
|
|