Full Text of HB4796 102nd General Assembly
HB4796 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4796 Introduced 1/27/2022, by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: |
| New Act | | 20 ILCS 2630/5.2 | | 55 ILCS 5/5-1058 | from Ch. 34, par. 5-1058 | 65 ILCS 5/11-42-5 | from Ch. 24, par. 11-42-5 |
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Creates the Sidewalk Vendor Access Act. Includes findings and definitions. Provides that a governmental unit (a municipality or county) may not regulate sidewalk vendors except as provided for in the Act. Provides that a governmental unit may adopt a program, by ordinance or resolution, to regulate sidewalk vendors allowing specified regulations. Allows specified fines for violation of a sidewalk vendor program, but criminal penalties are prohibited. Limits home rule powers. Amends the Criminal Identification Act, Counties Code, and Illinois Municipal Code making conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Sidewalk Vendor Access Act. | 6 | | Section 5. Findings. | 7 | | (a) The General Assembly finds and declares all of the | 8 | | following: | 9 | | (1) Sidewalk vending provides important | 10 | | entrepreneurship and economic development opportunities to | 11 | | low-income and immigrant communities. | 12 | | (2) Sidewalk vending increases access to desired | 13 | | goods, such as culturally significant food and | 14 | | merchandise. | 15 | | (3) Sidewalk vending contributes to a safe and dynamic | 16 | | public space. | 17 | | (4) The safety and welfare of the general public is | 18 | | promoted by encouraging local authorities to support and | 19 | | properly regulate sidewalk vending. | 20 | | (5) The safety and welfare of the general public is | 21 | | promoted by prohibiting criminal penalties for violations | 22 | | of sidewalk vending ordinances and regulations. | 23 | | (6) The criminalization of small business |
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| 1 | | entrepreneurs, and the challenges that those entrepreneurs | 2 | | face as a result of a criminal record, are matters of | 3 | | statewide concern. Further, unnecessary barriers have been | 4 | | erected blocking aspiring entrepreneurs from accessing the | 5 | | formal economy, harming Illinois' economy in the process, | 6 | | and disrupting the regulation of business, which is a | 7 | | matter of statewide concern. Moreover, Illinois has an | 8 | | interest in the regulation of traffic, a matter of | 9 | | statewide concern, whether in ensuring the appropriate | 10 | | flow of traffic or in ensuring the safety of pedestrians | 11 | | on the road or the sidewalk. | 12 | | (b) It is the intent of the General Assembly to promote | 13 | | entrepreneurship and support immigrant and low-income | 14 | | communities. | 15 | | Section 10. Definitions. As used in this Act: | 16 | | "Governmental unit" means a municipality or county. | 17 | | "Roaming sidewalk vendor" means a sidewalk vendor who | 18 | | moves from place to place and stops only to complete a | 19 | | transaction. | 20 | | "Sidewalk vendor" means a person who sells food or | 21 | | merchandise from a pushcart, stand, display, pedal-driven | 22 | | cart, wagon, showcase, rack, or other nonmotorized conveyance, | 23 | | or from one's person, upon a public sidewalk or other | 24 | | pedestrian path. | 25 | | "Stationary sidewalk vendor" means a sidewalk vendor who |
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| 1 | | vends from a fixed location. | 2 | | Section 15. Regulation of sidewalk vendors; applicability. | 3 | | (a) A governmental unit shall not regulate sidewalk | 4 | | vendors except in accordance with Sections Section 20 and | 5 | | Section 25. | 6 | | (b) Nothing in this Act shall be construed to affect the | 7 | | applicability of the Food Handling Regulation Enforcement Act | 8 | | or 77 Ill. Adm. Code 750 to the extent that they apply to a | 9 | | sidewalk vendor who sells food. | 10 | | (c) Nothing in this Act shall be construed to require a | 11 | | governmental unit to adopt a new program to regulate sidewalk | 12 | | vendors if the governmental unit has established an existing | 13 | | program that substantially complies with the requirements in | 14 | | this Act. | 15 | | Section 20. Sidewalk vending program; standards. | 16 | | (a) A governmental unit may adopt a program, by ordinance | 17 | | or resolution, to regulate sidewalk vendors in compliance with | 18 | | this Section. | 19 | | (b) A governmental unit's sidewalk vending program shall | 20 | | comply with all of the following standards: | 21 | | (1) A governmental unit shall not require a sidewalk | 22 | | vendor to operate within specific parts of the public | 23 | | right-of-way, except when that restriction is directly | 24 | | related to objective health, safety, or welfare concerns. |
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| 1 | | (2) A governmental unit shall not prohibit a sidewalk | 2 | | vendor from selling food or merchandise in a park owned or | 3 | | operated by the governmental unit, except the governmental | 4 | | unit may prohibit stationary sidewalk vendors from vending | 5 | | in the park only if the operator of the park has signed an | 6 | | agreement for concessions that exclusively permits the | 7 | | sale of food or merchandise by the concessionaire. | 8 | | (3) Notwithstanding paragraph (2), a governmental unit | 9 | | may adopt additional requirements regulating the time, | 10 | | place, and manner of sidewalk vending in a park owned or | 11 | | operated by the governmental unit if the requirements are | 12 | | any of the following: | 13 | | (A) Directly related to objective health, safety, | 14 | | or welfare concerns. | 15 | | (B) Necessary to ensure the public's use and | 16 | | enjoyment of natural resources and recreational | 17 | | opportunities. | 18 | | (C) Necessary to prevent an undue concentration of | 19 | | commercial activity that unreasonably interferes with | 20 | | the scenic and natural character of the park. | 21 | | (4) A governmental unit shall not require a sidewalk | 22 | | vendor to first obtain the consent or approval of any | 23 | | nongovernmental entity or individual before he or she can | 24 | | sell food or merchandise. | 25 | | (5) A governmental unit shall not restrict sidewalk | 26 | | vendors to operate only in a designated neighborhood or |
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| 1 | | area, except when that restriction is directly related to | 2 | | objective health, safety, or welfare concerns. | 3 | | (6) Notwithstanding paragraph (5), a governmental unit | 4 | | may prohibit stationary sidewalk vendors in areas that are | 5 | | zoned exclusively residential, but shall not prohibit | 6 | | roaming sidewalk vendors in such areas. | 7 | | (7) A governmental unit shall not restrict the overall | 8 | | number of sidewalk vendors permitted to operate within the | 9 | | jurisdiction of the governmental unit unless the | 10 | | restriction is directly related to objective health, | 11 | | safety, or welfare concerns. | 12 | | (c) A governmental unit may, by ordinance or resolution, | 13 | | adopt additional requirements regulating the time, place, and | 14 | | manner of sidewalk vending if the requirements are directly | 15 | | related to objective health, safety, or welfare concerns, | 16 | | including, but not limited to, any of the following: | 17 | | (1) Limitations on hours of operation that are not | 18 | | unduly restrictive. In nonresidential areas, any | 19 | | limitations on the hours of operation for sidewalk vending | 20 | | shall not be more restrictive than any limitations on | 21 | | hours of operation imposed on other businesses or uses on | 22 | | the same street. | 23 | | (2) Requirements to maintain sanitary conditions. | 24 | | (3) Requirements necessary to ensure compliance with | 25 | | the federal Americans with Disabilities Act of 1990 | 26 | | (Public Law 101-336) and other disability access |
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| 1 | | standards. | 2 | | (4) Requiring the sidewalk vendor to obtain from the | 3 | | governmental unit a permit for sidewalk vending or a valid | 4 | | business license, provided that the governmental unit | 5 | | issuing the permit or business license accepts an Illinois | 6 | | driver's license or identification card number, an | 7 | | individual taxpayer identification number, or a municipal | 8 | | identification number in lieu of a social security number | 9 | | if the governmental unit otherwise requires a social | 10 | | security number for the issuance of a permit or business | 11 | | license, and that the number collected shall not be | 12 | | available to the public for inspection, is confidential, | 13 | | and shall not be disclosed except as required to | 14 | | administer the permit or licensure program or comply with | 15 | | a State law or State or federal court order. | 16 | | (5) Requiring the sidewalk vendor to possess a | 17 | | certificate of registration from the Department of Revenue | 18 | | if required under Section 3 of the Transient Merchant Act | 19 | | of 1987. | 20 | | (6) Requiring additional licenses from other State or | 21 | | local agencies to the extent required by law. | 22 | | (7) Requiring compliance with other generally | 23 | | applicable laws. | 24 | | (8) Requiring a sidewalk vendor to submit information | 25 | | on his or her operations, including, but not limited to, | 26 | | any of the following: |
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| 1 | | (A) The name and current mailing address of the | 2 | | sidewalk vendor. | 3 | | (B) A description of the merchandise offered for | 4 | | sale or exchange. | 5 | | (C) A certification by the vendor that to his or | 6 | | her knowledge and belief, the information contained on | 7 | | the form is true. | 8 | | (D) The certificate of registration from the | 9 | | Department of Revenue, if any, of the sidewalk vendor. | 10 | | (E) If the sidewalk vendor is an agent of an | 11 | | individual, company, partnership, or corporation, the | 12 | | name and business address of the principal. | 13 | | (d) Notwithstanding subsection (b), a governmental unit | 14 | | may do both of the following: | 15 | | (1) Prohibit sidewalk vendors in areas located within | 16 | | the immediate vicinity of a farmers' market or flea market | 17 | | during the limited operating hours of that farmers' market | 18 | | or flea market. As used in this paragraph:
| 19 | | "Farmers' market" has the meaning given to that term | 20 | | in Section 3.3 of the Food Handling Regulation Enforcement | 21 | | Act. | 22 | | "Flea market" has the meaning given to that term in | 23 | | Section 5.5 of the Transient Merchant Act of 1987
| 24 | | (2) Restrict or prohibit sidewalk vendors within the | 25 | | immediate vicinity of an area designated for a temporary | 26 | | special permit issued by the governmental unit, provided |
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| 1 | | that any notice, business interruption mitigation, or | 2 | | other rights provided to affected businesses or property | 3 | | owners under the governmental unit's temporary special | 4 | | permit are also provided to any sidewalk vendors | 5 | | specifically permitted to operate in the area, if | 6 | | applicable. For purposes of this paragraph, a "temporary | 7 | | special permit" is a permit issued by the governmental | 8 | | unit for the temporary use of, or encroachment on, the | 9 | | sidewalk or other public area, including, but not limited | 10 | | to, an encroachment permit, special event permit, or | 11 | | temporary event permit, for purposes including, but not | 12 | | limited to, filming, parades, or outdoor concerts. A | 13 | | prohibition of sidewalk vendors pursuant to this paragraph | 14 | | shall only be effective for the limited duration of the | 15 | | temporary special permit. | 16 | | (e) For purposes of this Section, perceived community | 17 | | animus or economic competition does not constitute an | 18 | | objective health, safety, or welfare concern. | 19 | | Section 25. Violations | 20 | | (a) A violation of a governmental unit's sidewalk vending | 21 | | program that complies with Section 20 is punishable only by | 22 | | the following: | 23 | | (1) A fine not exceeding $100 for a first violation. | 24 | | (2) A fine not exceeding $200 for a second violation | 25 | | within one year of the first violation. |
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| 1 | | (3) A fine not exceeding $500 for each additional | 2 | | violation within one year of the first violation. | 3 | | A governmental unit may rescind a permit issued to a | 4 | | sidewalk vendor for the term of that permit upon the fourth | 5 | | violation or subsequent violations. | 6 | | (b) If a governmental unit requires a sidewalk vendor to | 7 | | obtain a sidewalk vending permit from the governmental unit, | 8 | | vending without a sidewalk vending permit may be punishable by | 9 | | the following in lieu of the fines set forth in subsection (a): | 10 | | (1) A fine not exceeding $250 for a first violation. | 11 | | (2) A fine not exceeding $500 for a second violation | 12 | | within one year of the first violation. | 13 | | (3) A fine not exceeding $1,000 for each additional | 14 | | violation within one year of the first violation. | 15 | | Upon proof of a valid permit issued by the governmental | 16 | | unit, the fines set forth in this subsection shall be reduced | 17 | | to the fines set forth in subsection (a), respectively. | 18 | | (c) The proceeds of a fine assessed pursuant to | 19 | | subsections (a) or (b) shall be deposited in the treasury of | 20 | | the governmental unit. | 21 | | (d) Failure to pay a fine pursuant to subsections (a) and | 22 | | (b) is not punishable as an infraction or misdemeanor. | 23 | | Additional fines, fees, assessments, or any other financial | 24 | | conditions beyond those authorized in subsections (a) and (b) | 25 | | shall not be assessed. | 26 | | (e) A violation of a governmental unit's sidewalk vending |
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| 1 | | program that complies with Section 20, or a violation of any | 2 | | rules or regulations adopted prior to the effective date of | 3 | | this amendatory Act of the 102nd General Assembly, that | 4 | | regulate or prohibit sidewalk vendors in the jurisdiction of a | 5 | | governmental unit, shall not be punishable as an infraction or | 6 | | misdemeanor, and the person alleged to have violated any of | 7 | | those provisions shall not be subject to arrest, except when | 8 | | otherwise permitted under law. | 9 | | (f) Notwithstanding any other provision of law, subsection | 10 | | (e) applies to all pending criminal prosecutions under any | 11 | | local ordinance or resolution regulating or prohibiting | 12 | | sidewalk vendors. Any of those criminal prosecutions that have | 13 | | not reached final judgment shall be dismissed. | 14 | | (g) A governmental unit that has not adopted rules or | 15 | | regulations by ordinance or resolution that comply with this | 16 | | Act shall not cite, fine, or prosecute a sidewalk vendor for a | 17 | | violation of any rule or regulation that is inconsistent with | 18 | | the standards described in this Act. | 19 | | (h) When assessing a fine pursuant to subsection (a) or | 20 | | (b), the individual assessing the fine shall take into | 21 | | consideration the person's ability to pay the fine. The | 22 | | governmental unit shall provide the person with notice of his | 23 | | or her right to request an ability-to-pay determination and | 24 | | shall make available instructions or other materials for | 25 | | requesting an ability-to-pay determination. The person may | 26 | | request an ability-to-pay determination at adjudication or |
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| 1 | | while the judgment remains unpaid, including when a case is | 2 | | delinquent or has been referred to a comprehensive collection | 3 | | program. | 4 | | If the person meets the criteria described in Section | 5 | | 5-105 of the Code of Civil Procedure, the governmental unit | 6 | | shall accept, in full satisfaction, 20% of the fine imposed | 7 | | pursuant to subsection (a) or (b). | 8 | | The governmental unit may allow the person to complete | 9 | | community service in lieu of paying the total fine, may waive | 10 | | the fine, or may offer an alternative disposition. | 11 | | Section 30. Cases or sentences involving sidewalk vending; | 12 | | sealing of records. A person who is currently serving, or who | 13 | | completed, a sentence, or who is subject to a fine, for a | 14 | | conviction of a misdemeanor or infraction for sidewalk | 15 | | vending, whether by trial or by plea, who would not have been | 16 | | guilty of that offense under this Act had the Act been in | 17 | | effect at the time of the offense, may petition for dismissal | 18 | | of the sentence, fine, or conviction before the trial court | 19 | | that entered the judgment of conviction in his or her case. | 20 | | Upon receiving a petition under this Section, the court | 21 | | shall presume the petitioner satisfies this criteria in this | 22 | | Section unless the party opposing the petition proves by clear | 23 | | and convincing evidence that the petitioner does not satisfy | 24 | | the criteria. If the petitioner satisfies the criteria in this | 25 | | Section, the court shall grant the petition to dismiss the |
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| 1 | | sentence or fine, if applicable. Upon granting the dismissal, | 2 | | the court shall immediately seal the criminal records as | 3 | | provided in subsection (g) of Section 5.2 of the Criminal | 4 | | Identification Act. | 5 | | Unless requested by the petitioner, no hearing is | 6 | | necessary to grant or deny a petition filed under this | 7 | | Section. | 8 | | Nothing in this Section is intended to diminish or | 9 | | abrogate any rights or remedies otherwise available to the | 10 | | petitioner. | 11 | | Nothing in this Section or related provisions is intended | 12 | | to diminish or abrogate the finality of judgments in any case | 13 | | not falling within the purview of this Act. | 14 | | Section 35. Home rule. A home rule governmental unit may | 15 | | not regulate sidewalk vendors in a manner inconsistent with | 16 | | this Act. This Act is a limitation under subsection (i) of | 17 | | Section 6 of Article VII of the Illinois Constitution on the | 18 | | concurrent exercise by home rule units of powers and functions | 19 | | exercised by the State
| 20 | | Section 100. The Criminal Identification Act is amended by | 21 | | changing Section 5.2 as follows:
| 22 | | (20 ILCS 2630/5.2)
| 23 | | Sec. 5.2. Expungement, sealing, and immediate sealing. |
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| 1 | | (a) General Provisions. | 2 | | (1) Definitions. In this Act, words and phrases have
| 3 | | the meanings set forth in this subsection, except when a
| 4 | | particular context clearly requires a different meaning. | 5 | | (A) The following terms shall have the meanings | 6 | | ascribed to them in the following Sections of the | 7 | | Unified Code of Corrections , 730 ILCS 5/5-1-2 through | 8 | | 5/5-1-22 : | 9 | | (i) Business Offense , Section 5-1-2. (730 ILCS | 10 | | 5/5-1-2), | 11 | | (ii) Charge , Section 5-1-3. (730 ILCS | 12 | | 5/5-1-3), | 13 | | (iii) Court , Section 5-1-6. (730 ILCS | 14 | | 5/5-1-6), | 15 | | (iv) Defendant , Section 5-1-7. (730 ILCS | 16 | | 5/5-1-7), | 17 | | (v) Felony , Section 5-1-9. (730 ILCS 5/5-1-9), | 18 | | (vi) Imprisonment , Section 5-1-10. (730 ILCS | 19 | | 5/5-1-10), | 20 | | (vii) Judgment , Section 5-1-12. (730 ILCS | 21 | | 5/5-1-12), | 22 | | (viii) Misdemeanor , Section 5-1-14. (730 ILCS | 23 | | 5/5-1-14), | 24 | | (ix) Offense , Section 5-1-15. (730 ILCS | 25 | | 5/5-1-15), | 26 | | (x) Parole , Section 5-1-16. (730 ILCS |
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| 1 | | 5/5-1-16), | 2 | | (xi) Petty Offense , Section 5-1-17. (730 ILCS | 3 | | 5/5-1-17), | 4 | | (xii) Probation , Section 5-1-18. (730 ILCS | 5 | | 5/5-1-18), | 6 | | (xiii) Sentence , Section 5-1-19. (730 ILCS | 7 | | 5/5-1-19), | 8 | | (xiv) Supervision , Section 5-1-21. (730 ILCS | 9 | | 5/5-1-21), and | 10 | | (xv) Victim , Section 5-1-22. (730 ILCS | 11 | | 5/5-1-22). | 12 | | (B) As used in this Section, "charge not initiated | 13 | | by arrest" means a charge (as defined by Section 5-1-3 | 14 | | of the Unified Code of Corrections 730 ILCS 5/5-1-3 ) | 15 | | brought against a defendant where the defendant is not | 16 | | arrested prior to or as a direct result of the charge. | 17 | | (C) "Conviction" means a judgment of conviction or | 18 | | sentence entered upon a plea of guilty or upon a | 19 | | verdict or finding of guilty of an offense, rendered | 20 | | by a legally constituted jury or by a court of | 21 | | competent jurisdiction authorized to try the case | 22 | | without a jury. An order of supervision successfully | 23 | | completed by the petitioner is not a conviction. An | 24 | | order of qualified probation (as defined in subsection | 25 | | (a)(1)(J)) successfully completed by the petitioner is | 26 | | not a conviction. An order of supervision or an order |
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| 1 | | of qualified probation that is terminated | 2 | | unsatisfactorily is a conviction, unless the | 3 | | unsatisfactory termination is reversed, vacated, or | 4 | | modified and the judgment of conviction, if any, is | 5 | | reversed or vacated. | 6 | | (D) "Criminal offense" means a petty offense, | 7 | | business offense, misdemeanor, felony, or municipal | 8 | | ordinance violation (as defined in subsection | 9 | | (a)(1)(H)). As used in this Section, a minor traffic | 10 | | offense (as defined in subsection (a)(1)(G)) shall not | 11 | | be considered a criminal offense. | 12 | | (E) "Expunge" means to physically destroy the | 13 | | records or return them to the petitioner and to | 14 | | obliterate the petitioner's name from any official | 15 | | index or public record, or both. Nothing in this Act | 16 | | shall require the physical destruction of the circuit | 17 | | court file, but such records relating to arrests or | 18 | | charges, or both, ordered expunged shall be impounded | 19 | | as required by subsections (d)(9)(A)(ii) and | 20 | | (d)(9)(B)(ii). | 21 | | (F) As used in this Section, "last sentence" means | 22 | | the sentence, order of supervision, or order of | 23 | | qualified probation (as defined by subsection | 24 | | (a)(1)(J)), for a criminal offense (as defined by | 25 | | subsection (a)(1)(D)) that terminates last in time in | 26 | | any jurisdiction, regardless of whether the petitioner |
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| 1 | | has included the criminal offense for which the | 2 | | sentence or order of supervision or qualified | 3 | | probation was imposed in his or her petition. If | 4 | | multiple sentences, orders of supervision, or orders | 5 | | of qualified probation terminate on the same day and | 6 | | are last in time, they shall be collectively | 7 | | considered the "last sentence" regardless of whether | 8 | | they were ordered to run concurrently. | 9 | | (G) "Minor traffic offense" means a petty offense, | 10 | | business offense, or Class C misdemeanor under the | 11 | | Illinois Vehicle Code or a similar provision of a | 12 | | municipal or local ordinance. | 13 | | (G-5) "Minor Cannabis Offense" means a violation | 14 | | of Section 4 or 5 of the Cannabis Control Act | 15 | | concerning not more than 30 grams of any substance | 16 | | containing cannabis, provided the violation did not | 17 | | include a penalty enhancement under Section 7 of the | 18 | | Cannabis Control Act and is not associated with an | 19 | | arrest, conviction or other disposition for a violent | 20 | | crime as defined in subsection (c) of Section 3 of the | 21 | | Rights of Crime Victims and Witnesses Act. | 22 | | (H) "Municipal ordinance violation" means an | 23 | | offense defined by a municipal or local ordinance that | 24 | | is criminal in nature and with which the petitioner | 25 | | was charged or for which the petitioner was arrested | 26 | | and released without charging. |
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| 1 | | (I) "Petitioner" means an adult or a minor | 2 | | prosecuted as an
adult who has applied for relief | 3 | | under this Section. | 4 | | (J) "Qualified probation" means an order of | 5 | | probation under Section 10 of the Cannabis Control | 6 | | Act, Section 410 of the Illinois Controlled Substances | 7 | | Act, Section 70 of the Methamphetamine Control and | 8 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | 9 | | of the Unified Code of Corrections, Section | 10 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | 11 | | those provisions existed before their deletion by | 12 | | Public Act 89-313), Section 10-102 of the Illinois | 13 | | Alcoholism and Other Drug Dependency Act, Section | 14 | | 40-10 of the Substance Use Disorder Act, or Section 10 | 15 | | of the Steroid Control Act. For the purpose of this | 16 | | Section, "successful completion" of an order of | 17 | | qualified probation under Section 10-102 of the | 18 | | Illinois Alcoholism and Other Drug Dependency Act and | 19 | | Section 40-10 of the Substance Use Disorder Act means | 20 | | that the probation was terminated satisfactorily and | 21 | | the judgment of conviction was vacated. | 22 | | (K) "Seal" means to physically and electronically | 23 | | maintain the records, unless the records would | 24 | | otherwise be destroyed due to age, but to make the | 25 | | records unavailable without a court order, subject to | 26 | | the exceptions in Sections 12 and 13 of this Act. The |
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| 1 | | petitioner's name shall also be obliterated from the | 2 | | official index required to be kept by the circuit | 3 | | court clerk under Section 16 of the Clerks of Courts | 4 | | Act, but any index issued by the circuit court clerk | 5 | | before the entry of the order to seal shall not be | 6 | | affected. | 7 | | (L) "Sexual offense committed against a minor" | 8 | | includes, but is
not limited to, the offenses of | 9 | | indecent solicitation of a child
or criminal sexual | 10 | | abuse when the victim of such offense is
under 18 years | 11 | | of age. | 12 | | (M) "Terminate" as it relates to a sentence or | 13 | | order of supervision or qualified probation includes | 14 | | either satisfactory or unsatisfactory termination of | 15 | | the sentence, unless otherwise specified in this | 16 | | Section. A sentence is terminated notwithstanding any | 17 | | outstanding financial legal obligation. | 18 | | (2) Minor Traffic Offenses.
Orders of supervision or | 19 | | convictions for minor traffic offenses shall not affect a | 20 | | petitioner's eligibility to expunge or seal records | 21 | | pursuant to this Section. | 22 | | (2.5) Commencing 180 days after July 29, 2016 (the | 23 | | effective date of Public Act 99-697), the law enforcement | 24 | | agency issuing the citation shall automatically expunge, | 25 | | on or before January 1 and July 1 of each year, the law | 26 | | enforcement records of a person found to have committed a |
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| 1 | | civil law violation of subsection (a) of Section 4 of the | 2 | | Cannabis Control Act or subsection (c) of Section 3.5 of | 3 | | the Drug Paraphernalia Control Act in the law enforcement | 4 | | agency's possession or control and which contains the | 5 | | final satisfactory disposition which pertain to the person | 6 | | issued a citation for that offense.
The law enforcement | 7 | | agency shall provide by rule the process for access, | 8 | | review, and to confirm the automatic expungement by the | 9 | | law enforcement agency issuing the citation.
Commencing | 10 | | 180 days after July 29, 2016 (the effective date of Public | 11 | | Act 99-697), the clerk of the circuit court shall expunge, | 12 | | upon order of the court, or in the absence of a court order | 13 | | on or before January 1 and July 1 of each year, the court | 14 | | records of a person found in the circuit court to have | 15 | | committed a civil law violation of subsection (a) of | 16 | | Section 4 of the Cannabis Control Act or subsection (c) of | 17 | | Section 3.5 of the Drug Paraphernalia Control Act in the | 18 | | clerk's possession or control and which contains the final | 19 | | satisfactory disposition which pertain to the person | 20 | | issued a citation for any of those offenses. | 21 | | (3) Exclusions. Except as otherwise provided in | 22 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | 23 | | of this Section, the court shall not order: | 24 | | (A) the sealing or expungement of the records of | 25 | | arrests or charges not initiated by arrest that result | 26 | | in an order of supervision for or conviction of:
(i) |
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| 1 | | any sexual offense committed against a
minor; (ii) | 2 | | Section 11-501 of the Illinois Vehicle Code or a | 3 | | similar provision of a local ordinance; or (iii) | 4 | | Section 11-503 of the Illinois Vehicle Code or a | 5 | | similar provision of a local ordinance, unless the | 6 | | arrest or charge is for a misdemeanor violation of | 7 | | subsection (a) of Section 11-503 or a similar | 8 | | provision of a local ordinance, that occurred prior to | 9 | | the offender reaching the age of 25 years and the | 10 | | offender has no other conviction for violating Section | 11 | | 11-501 or 11-503 of the Illinois Vehicle Code or a | 12 | | similar provision of a local ordinance. | 13 | | (B) the sealing or expungement of records of minor | 14 | | traffic offenses (as defined in subsection (a)(1)(G)), | 15 | | unless the petitioner was arrested and released | 16 | | without charging. | 17 | | (C) the sealing of the records of arrests or | 18 | | charges not initiated by arrest which result in an | 19 | | order of supervision or a conviction for the following | 20 | | offenses: | 21 | | (i) offenses included in Article 11 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012 | 23 | | or a similar provision of a local ordinance, | 24 | | except Section 11-14 and a misdemeanor violation | 25 | | of Section 11-30 of the Criminal Code of 1961 or | 26 | | the Criminal Code of 2012, or a similar provision |
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| 1 | | of a local ordinance; | 2 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | 3 | | 26-5, or 48-1 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012, or a similar provision of a | 5 | | local ordinance; | 6 | | (iii) Sections 12-3.1 or 12-3.2 of the | 7 | | Criminal Code of 1961 or the Criminal Code of | 8 | | 2012, or Section 125 of the Stalking No Contact | 9 | | Order Act, or Section 219 of the Civil No Contact | 10 | | Order Act, or a similar provision of a local | 11 | | ordinance; | 12 | | (iv) Class A misdemeanors or felony offenses | 13 | | under the Humane Care for Animals Act; or | 14 | | (v) any offense or attempted offense that | 15 | | would subject a person to registration under the | 16 | | Sex Offender Registration Act. | 17 | | (D) (blank). | 18 | | (b) Expungement. | 19 | | (1) A petitioner may petition the circuit court to | 20 | | expunge the
records of his or her arrests and charges not | 21 | | initiated by arrest when each arrest or charge not | 22 | | initiated by arrest
sought to be expunged resulted in:
(i) | 23 | | acquittal, dismissal, or the petitioner's release without | 24 | | charging, unless excluded by subsection (a)(3)(B);
(ii) a | 25 | | conviction which was vacated or reversed, unless excluded | 26 | | by subsection (a)(3)(B);
(iii) an order of supervision and |
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| 1 | | such supervision was successfully completed by the | 2 | | petitioner, unless excluded by subsection (a)(3)(A) or | 3 | | (a)(3)(B); or
(iv) an order of qualified probation (as | 4 | | defined in subsection (a)(1)(J)) and such probation was | 5 | | successfully completed by the petitioner. | 6 | | (1.5) When a petitioner seeks to have a record of | 7 | | arrest expunged under this Section, and the offender has | 8 | | been convicted of a criminal offense, the State's Attorney | 9 | | may object to the expungement on the grounds that the | 10 | | records contain specific relevant information aside from | 11 | | the mere fact of the arrest. | 12 | | (2) Time frame for filing a petition to expunge. | 13 | | (A) When the arrest or charge not initiated by | 14 | | arrest sought to be expunged resulted in an acquittal, | 15 | | dismissal, the petitioner's release without charging, | 16 | | or the reversal or vacation of a conviction, there is | 17 | | no waiting period to petition for the expungement of | 18 | | such records. | 19 | | (B) When the arrest or charge not initiated by | 20 | | arrest
sought to be expunged resulted in an order of | 21 | | supervision, successfully
completed by the petitioner, | 22 | | the following time frames will apply: | 23 | | (i) Those arrests or charges that resulted in | 24 | | orders of
supervision under Section 3-707, 3-708, | 25 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or | 26 | | a similar provision of a local ordinance, or under |
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| 1 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | 2 | | Code of 1961 or the Criminal Code of 2012, or a | 3 | | similar provision of a local ordinance, shall not | 4 | | be eligible for expungement until 5 years have | 5 | | passed following the satisfactory termination of | 6 | | the supervision. | 7 | | (i-5) Those arrests or charges that resulted | 8 | | in orders of supervision for a misdemeanor | 9 | | violation of subsection (a) of Section 11-503 of | 10 | | the Illinois Vehicle Code or a similar provision | 11 | | of a local ordinance, that occurred prior to the | 12 | | offender reaching the age of 25 years and the | 13 | | offender has no other conviction for violating | 14 | | Section 11-501 or 11-503 of the Illinois Vehicle | 15 | | Code or a similar provision of a local ordinance | 16 | | shall not be eligible for expungement until the | 17 | | petitioner has reached the age of 25 years. | 18 | | (ii) Those arrests or charges that resulted in | 19 | | orders
of supervision for any other offenses shall | 20 | | not be
eligible for expungement until 2 years have | 21 | | passed
following the satisfactory termination of | 22 | | the supervision. | 23 | | (C) When the arrest or charge not initiated by | 24 | | arrest sought to
be expunged resulted in an order of | 25 | | qualified probation, successfully
completed by the | 26 | | petitioner, such records shall not be eligible for
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| 1 | | expungement until 5 years have passed following the | 2 | | satisfactory
termination of the probation. | 3 | | (3) Those records maintained by the Illinois State | 4 | | Police Department for
persons arrested prior to their 17th | 5 | | birthday shall be
expunged as provided in Section 5-915 of | 6 | | the Juvenile Court
Act of 1987. | 7 | | (4) Whenever a person has been arrested for or | 8 | | convicted of any
offense, in the name of a person whose | 9 | | identity he or she has stolen or otherwise
come into | 10 | | possession of, the aggrieved person from whom the identity
| 11 | | was stolen or otherwise obtained without authorization,
| 12 | | upon learning of the person having been arrested using his
| 13 | | or her identity, may, upon verified petition to the chief | 14 | | judge of
the circuit wherein the arrest was made, have a | 15 | | court order
entered nunc pro tunc by the Chief Judge to | 16 | | correct the
arrest record, conviction record, if any, and | 17 | | all official
records of the arresting authority, the | 18 | | Illinois State Police Department , other
criminal justice | 19 | | agencies, the prosecutor, and the trial
court concerning | 20 | | such arrest, if any, by removing his or her name
from all | 21 | | such records in connection with the arrest and
conviction, | 22 | | if any, and by inserting in the records the
name of the | 23 | | offender, if known or ascertainable, in lieu of
the | 24 | | aggrieved's name. The records of the circuit court clerk | 25 | | shall be sealed until further order of
the court upon good | 26 | | cause shown and the name of the
aggrieved person |
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| 1 | | obliterated on the official index
required to be kept by | 2 | | the circuit court clerk under
Section 16 of the Clerks of | 3 | | Courts Act, but the order shall
not affect any index | 4 | | issued by the circuit court clerk
before the entry of the | 5 | | order. Nothing in this Section
shall limit the Illinois | 6 | | Department of State Police or other
criminal justice | 7 | | agencies or prosecutors from listing
under an offender's | 8 | | name the false names he or she has
used. | 9 | | (5) Whenever a person has been convicted of criminal
| 10 | | sexual assault, aggravated criminal sexual assault,
| 11 | | predatory criminal sexual assault of a child, criminal
| 12 | | sexual abuse, or aggravated criminal sexual abuse, the
| 13 | | victim of that offense may request that the State's
| 14 | | Attorney of the county in which the conviction occurred
| 15 | | file a verified petition with the presiding trial judge at
| 16 | | the petitioner's trial to have a court order entered to | 17 | | seal
the records of the circuit court clerk in connection
| 18 | | with the proceedings of the trial court concerning that
| 19 | | offense. However, the records of the arresting authority
| 20 | | and the Illinois Department of State Police concerning the | 21 | | offense
shall not be sealed. The court, upon good cause | 22 | | shown,
shall make the records of the circuit court clerk | 23 | | in
connection with the proceedings of the trial court
| 24 | | concerning the offense available for public inspection. | 25 | | (6) If a conviction has been set aside on direct | 26 | | review
or on collateral attack and the court determines by |
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| 1 | | clear
and convincing evidence that the petitioner was | 2 | | factually
innocent of the charge, the court that finds the | 3 | | petitioner factually innocent of the charge shall enter an
| 4 | | expungement order for the conviction for which the | 5 | | petitioner has been determined to be innocent as provided | 6 | | in subsection (b) of Section
5-5-4 of the Unified Code of | 7 | | Corrections. | 8 | | (7) Nothing in this Section shall prevent the Illinois | 9 | | Department of
State Police from maintaining all records of | 10 | | any person who
is admitted to probation upon terms and | 11 | | conditions and who
fulfills those terms and conditions | 12 | | pursuant to Section 10
of the Cannabis Control Act, | 13 | | Section 410 of the Illinois
Controlled Substances Act, | 14 | | Section 70 of the
Methamphetamine Control and Community | 15 | | Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified | 16 | | Code of Corrections, Section 12-4.3 or subdivision (b)(1) | 17 | | of Section 12-3.05 of the Criminal Code of 1961 or the | 18 | | Criminal Code of 2012, Section 10-102
of the Illinois | 19 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | 20 | | the Substance Use Disorder Act, or Section 10 of the | 21 | | Steroid Control Act. | 22 | | (8) If the petitioner has been granted a certificate | 23 | | of innocence under Section 2-702 of the Code of Civil | 24 | | Procedure, the court that grants the certificate of | 25 | | innocence shall also enter an order expunging the | 26 | | conviction for which the petitioner has been determined to |
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| 1 | | be innocent as provided in subsection (h) of Section 2-702 | 2 | | of the Code of Civil Procedure. | 3 | | (c) Sealing. | 4 | | (1) Applicability. Notwithstanding any other provision | 5 | | of this Act to the contrary, and cumulative with any | 6 | | rights to expungement of criminal records, this subsection | 7 | | authorizes the sealing of criminal records of adults and | 8 | | of minors prosecuted as adults. Subsection (g) of this | 9 | | Section provides for immediate sealing of certain records. | 10 | | (2) Eligible Records. The following records may be | 11 | | sealed: | 12 | | (A) All arrests resulting in release without | 13 | | charging; | 14 | | (B) Arrests or charges not initiated by arrest | 15 | | resulting in acquittal, dismissal, or conviction when | 16 | | the conviction was reversed or vacated, except as | 17 | | excluded by subsection (a)(3)(B); | 18 | | (C) Arrests or charges not initiated by arrest | 19 | | resulting in orders of supervision, including orders | 20 | | of supervision for municipal ordinance violations, | 21 | | successfully completed by the petitioner, unless | 22 | | excluded by subsection (a)(3); | 23 | | (D) Arrests or charges not initiated by arrest | 24 | | resulting in convictions, including convictions on | 25 | | municipal ordinance violations, unless excluded by | 26 | | subsection (a)(3); |
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| 1 | | (E) Arrests or charges not initiated by arrest | 2 | | resulting in orders of first offender probation under | 3 | | Section 10 of the Cannabis Control Act, Section 410 of | 4 | | the Illinois Controlled Substances Act, Section 70 of | 5 | | the Methamphetamine Control and Community Protection | 6 | | Act, or Section 5-6-3.3 of the Unified Code of | 7 | | Corrections; and | 8 | | (F) Arrests or charges not initiated by arrest | 9 | | resulting in felony convictions unless otherwise | 10 | | excluded by subsection (a) paragraph (3) of this | 11 | | Section. | 12 | | (3) When Records Are Eligible to Be Sealed. Records | 13 | | identified as eligible under subsection (c)(2) may be | 14 | | sealed as follows: | 15 | | (A) Records identified as eligible under | 16 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at | 17 | | any time. | 18 | | (B) Except as otherwise provided in subparagraph | 19 | | (E) of this paragraph (3), records identified as | 20 | | eligible under subsection (c)(2)(C) may be sealed
2 | 21 | | years after the termination of petitioner's last | 22 | | sentence (as defined in subsection (a)(1)(F)). | 23 | | (C) Except as otherwise provided in subparagraph | 24 | | (E) of this paragraph (3), records identified as | 25 | | eligible under subsections (c)(2)(D), (c)(2)(E), and | 26 | | (c)(2)(F) may be sealed 3 years after the termination |
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| 1 | | of the petitioner's last sentence (as defined in | 2 | | subsection (a)(1)(F)). Convictions requiring public | 3 | | registration under the Arsonist Registration Act, the | 4 | | Sex Offender Registration Act, or the Murderer and | 5 | | Violent Offender Against Youth Registration Act may | 6 | | not be sealed until the petitioner is no longer | 7 | | required to register under that relevant Act. | 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 | | (E) Records identified as eligible under | 12 | | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | 13 | | (c)(2)(F) may be sealed upon termination of the | 14 | | petitioner's last sentence if the petitioner earned a | 15 | | high school diploma, associate's degree, career | 16 | | certificate, vocational technical certification, or | 17 | | bachelor's degree, or passed the high school level | 18 | | Test of General Educational Development, during the | 19 | | period of his or her sentence or mandatory supervised | 20 | | release. This subparagraph shall apply only to a | 21 | | petitioner who has not completed the same educational | 22 | | goal prior to the period of his or her sentence or | 23 | | mandatory supervised release. If a petition for | 24 | | sealing eligible records filed under this subparagraph | 25 | | is denied by the court, the time periods under | 26 | | subparagraph (B) or (C) shall apply to any subsequent |
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| 1 | | petition for sealing filed by the petitioner. | 2 | | (4) Subsequent felony convictions. A person may not | 3 | | have
subsequent felony conviction records sealed as | 4 | | provided in this subsection
(c) if he or she is convicted | 5 | | of any felony offense after the date of the
sealing of | 6 | | prior felony convictions as provided in this subsection | 7 | | (c). The court may, upon conviction for a subsequent | 8 | | felony offense, order the unsealing of prior felony | 9 | | conviction records previously ordered sealed by the court. | 10 | | (5) Notice of eligibility for sealing. Upon entry of a | 11 | | disposition for an eligible record under this subsection | 12 | | (c), the petitioner shall be informed by the court of the | 13 | | right to have the records sealed and the procedures for | 14 | | the sealing of the records. | 15 | | (d) Procedure. The following procedures apply to | 16 | | expungement under subsections (b), (e), and (e-6) and sealing | 17 | | under subsections (c) and (e-5): | 18 | | (1) Filing the petition. Upon becoming eligible to | 19 | | petition for
the expungement or sealing of records under | 20 | | this Section, the petitioner shall file a petition | 21 | | requesting the expungement
or sealing of records with the | 22 | | clerk of the court where the arrests occurred or the | 23 | | charges were brought, or both. If arrests occurred or | 24 | | charges were brought in multiple jurisdictions, a petition | 25 | | must be filed in each such jurisdiction. The petitioner | 26 | | shall pay the applicable fee, except no fee shall be |
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| 1 | | required if the petitioner has obtained a court order | 2 | | waiving fees under Supreme Court Rule 298 or it is | 3 | | otherwise waived. | 4 | | (1.5) County fee waiver pilot program.
From August 9, | 5 | | 2019 (the effective date of Public Act 101-306) through | 6 | | December 31, 2020, in a county of 3,000,000 or more | 7 | | inhabitants, no fee shall be required to be paid by a | 8 | | petitioner if the records sought to be expunged or sealed | 9 | | were arrests resulting in release without charging or | 10 | | arrests or charges not initiated by arrest resulting in | 11 | | acquittal, dismissal, or conviction when the conviction | 12 | | was reversed or vacated, unless excluded by subsection | 13 | | (a)(3)(B). The provisions of this paragraph (1.5), other | 14 | | than this sentence, are inoperative on and after January | 15 | | 1, 2022. | 16 | | (2) Contents of petition. The petition shall be
| 17 | | verified and shall contain the petitioner's name, date of
| 18 | | birth, current address and, for each arrest or charge not | 19 | | initiated by
arrest sought to be sealed or expunged, the | 20 | | case number, the date of
arrest (if any), the identity of | 21 | | the arresting authority, and such
other information as the | 22 | | court may require. During the pendency
of the proceeding, | 23 | | the petitioner shall promptly notify the
circuit court | 24 | | clerk of any change of his or her address. If the | 25 | | petitioner has received a certificate of eligibility for | 26 | | sealing from the Prisoner Review Board under paragraph |
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| 1 | | (10) of subsection (a) of Section 3-3-2 of the Unified | 2 | | Code of Corrections, the certificate shall be attached to | 3 | | the petition. | 4 | | (3) Drug test. The petitioner must attach to the | 5 | | petition proof that the petitioner has passed a test taken | 6 | | within 30 days before the filing of the petition showing | 7 | | the absence within his or her body of all illegal | 8 | | substances as defined by the Illinois Controlled | 9 | | Substances Act, the Methamphetamine Control and Community | 10 | | Protection Act, and the Cannabis Control Act if he or she | 11 | | is petitioning to: | 12 | | (A) seal felony records under clause (c)(2)(E); | 13 | | (B) seal felony records for a violation of the | 14 | | Illinois Controlled Substances Act, the | 15 | | Methamphetamine Control and Community Protection Act, | 16 | | or the Cannabis Control Act under clause (c)(2)(F); | 17 | | (C) seal felony records under subsection (e-5); or | 18 | | (D) expunge felony records of a qualified | 19 | | probation under clause (b)(1)(iv). | 20 | | (4) Service of petition. The circuit court clerk shall | 21 | | promptly
serve a copy of the petition and documentation to | 22 | | support the petition under subsection (e-5) or (e-6) on | 23 | | the State's Attorney or
prosecutor charged with the duty | 24 | | of prosecuting the
offense, the Illinois Department of | 25 | | State Police, the arresting
agency and the chief legal | 26 | | officer of the unit of local
government effecting the |
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| 1 | | arrest. | 2 | | (5) Objections. | 3 | | (A) Any party entitled to notice of the petition | 4 | | may file an objection to the petition. All objections | 5 | | shall be in writing, shall be filed with the circuit | 6 | | court clerk, and shall state with specificity the | 7 | | basis of the objection. Whenever a person who has been | 8 | | convicted of an offense is granted
a pardon by the | 9 | | Governor which specifically authorizes expungement, an | 10 | | objection to the petition may not be filed. | 11 | | (B) Objections to a petition to expunge or seal | 12 | | must be filed within 60 days of the date of service of | 13 | | the petition. | 14 | | (6) Entry of order. | 15 | | (A) The Chief Judge of the circuit wherein the | 16 | | charge was brought, any judge of that circuit | 17 | | designated by the Chief Judge, or in counties of less | 18 | | than 3,000,000 inhabitants, the presiding trial judge | 19 | | at the petitioner's trial, if any, shall rule on the | 20 | | petition to expunge or seal as set forth in this | 21 | | subsection (d)(6). | 22 | | (B) Unless the State's Attorney or prosecutor, the | 23 | | Illinois Department of
State Police, the arresting | 24 | | agency, or the chief legal officer
files an objection | 25 | | to the petition to expunge or seal within 60 days from | 26 | | the date of service of the petition, the court shall |
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| 1 | | enter an order granting or denying the petition. | 2 | | (C) Notwithstanding any other provision of law, | 3 | | the court shall not deny a petition for sealing under | 4 | | this Section because the petitioner has not satisfied | 5 | | an outstanding legal financial obligation established, | 6 | | imposed, or originated by a court, law enforcement | 7 | | agency, or a municipal, State, county, or other unit | 8 | | of local government, including, but not limited to, | 9 | | any cost, assessment, fine, or fee. An outstanding | 10 | | legal financial obligation does not include any court | 11 | | ordered restitution to a victim under Section 5-5-6 of | 12 | | the Unified Code of Corrections, unless the | 13 | | restitution has been converted to a civil judgment. | 14 | | Nothing in this subparagraph (C) waives, rescinds, or | 15 | | abrogates a legal financial obligation or otherwise | 16 | | eliminates or affects the right of the holder of any | 17 | | financial obligation to pursue collection under | 18 | | applicable federal, State, or local law. | 19 | | (7) Hearings. If an objection is filed, the court | 20 | | shall set a date for a hearing and notify the petitioner | 21 | | and all parties entitled to notice of the petition of the | 22 | | hearing date at least 30 days prior to the hearing. Prior | 23 | | to the hearing, the State's Attorney shall consult with | 24 | | the Illinois State Police Department as to the | 25 | | appropriateness of the relief sought in the petition to | 26 | | expunge or seal. At the hearing, the court shall hear |
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| 1 | | evidence on whether the petition should or should not be | 2 | | granted, and shall grant or deny the petition to expunge | 3 | | or seal the records based on the evidence presented at the | 4 | | hearing. The court may consider the following: | 5 | | (A) the strength of the evidence supporting the | 6 | | defendant's conviction; | 7 | | (B) the reasons for retention of the conviction | 8 | | records by the State; | 9 | | (C) the petitioner's age, criminal record history, | 10 | | and employment history; | 11 | | (D) the period of time between the petitioner's | 12 | | arrest on the charge resulting in the conviction and | 13 | | the filing of the petition under this Section; and | 14 | | (E) the specific adverse consequences the | 15 | | petitioner may be subject to if the petition is | 16 | | denied. | 17 | | (8) Service of order. After entering an order to | 18 | | expunge or
seal records, the court must provide copies of | 19 | | the order to the
Illinois State Police Department , in a | 20 | | form and manner prescribed by the Illinois State Police | 21 | | Department ,
to the petitioner, to the State's Attorney or | 22 | | prosecutor
charged with the duty of prosecuting the | 23 | | offense, to the
arresting agency, to the chief legal | 24 | | officer of the unit of
local government effecting the | 25 | | arrest, and to such other
criminal justice agencies as may | 26 | | be ordered by the court. |
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| 1 | | (9) Implementation of order. | 2 | | (A) Upon entry of an order to expunge records | 3 | | pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or | 4 | | both: | 5 | | (i) the records shall be expunged (as defined | 6 | | in subsection (a)(1)(E)) by the arresting agency, | 7 | | the Illinois State Police Department , and any | 8 | | other agency as ordered by the court, within 60 | 9 | | days of the date of service of the order, unless a | 10 | | motion to vacate, modify, or reconsider the order | 11 | | is filed pursuant to paragraph (12) of subsection | 12 | | (d) of this Section; | 13 | | (ii) the records of the circuit court clerk | 14 | | shall be impounded until further order of the | 15 | | court upon good cause shown and the name of the | 16 | | petitioner obliterated on the official index | 17 | | required to be kept by the circuit court clerk | 18 | | under Section 16 of the Clerks of Courts Act, but | 19 | | the order shall not affect any index issued by the | 20 | | circuit court clerk before the entry of the order; | 21 | | and | 22 | | (iii) in response to an inquiry for expunged | 23 | | records, the court, the Illinois State Police | 24 | | Department , or the agency receiving such inquiry, | 25 | | shall reply as it does in response to inquiries | 26 | | when no records ever existed. |
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| 1 | | (B) Upon entry of an order to expunge records | 2 | | pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or | 3 | | both: | 4 | | (i) the records shall be expunged (as defined | 5 | | in subsection (a)(1)(E)) by the arresting agency | 6 | | and any other agency as ordered by the court, | 7 | | within 60 days of the date of service of the order, | 8 | | unless a motion to vacate, modify, or reconsider | 9 | | the order is filed pursuant to paragraph (12) of | 10 | | subsection (d) of this Section; | 11 | | (ii) the records of the circuit court clerk | 12 | | shall be impounded until further order of the | 13 | | court upon good cause shown and the name of the | 14 | | petitioner obliterated on the official index | 15 | | required to be kept by the circuit court clerk | 16 | | under Section 16 of the Clerks of Courts Act, but | 17 | | the order shall not affect any index issued by the | 18 | | circuit court clerk before the entry of the order; | 19 | | (iii) the records shall be impounded by the
| 20 | | Illinois State Police Department within 60 days of | 21 | | the date of service of the order as ordered by the | 22 | | court, unless a motion to vacate, modify, or | 23 | | reconsider the order is filed pursuant to | 24 | | paragraph (12) of subsection (d) of this Section; | 25 | | (iv) records impounded by the Illinois State | 26 | | Police Department may be disseminated by the |
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| 1 | | Illinois State Police Department only as required | 2 | | by law or to the arresting authority, the State's | 3 | | Attorney, and the court upon a later arrest for | 4 | | the same or a similar offense or for the purpose of | 5 | | sentencing for any subsequent felony, and to the | 6 | | Department of Corrections upon conviction for any | 7 | | offense; and | 8 | | (v) in response to an inquiry for such records | 9 | | from anyone not authorized by law to access such | 10 | | records, the court, the Illinois State Police | 11 | | Department , or the agency receiving such inquiry | 12 | | shall reply as it does in response to inquiries | 13 | | when no records ever existed. | 14 | | (B-5) Upon entry of an order to expunge records | 15 | | under subsection (e-6): | 16 | | (i) the records shall be expunged (as defined | 17 | | in subsection (a)(1)(E)) by the arresting agency | 18 | | and any other agency as ordered by the court, | 19 | | within 60 days of the date of service of the order, | 20 | | unless a motion to vacate, modify, or reconsider | 21 | | the order is filed under paragraph (12) of | 22 | | subsection (d) of this Section; | 23 | | (ii) the records of the circuit court clerk | 24 | | shall be impounded until further order of the | 25 | | court upon good cause shown and the name of the | 26 | | petitioner obliterated on the official index |
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| 1 | | required to be kept by the circuit court clerk | 2 | | under Section 16 of the Clerks of Courts Act, but | 3 | | the order shall not affect any index issued by the | 4 | | circuit court clerk before the entry of the order; | 5 | | (iii) the records shall be impounded by the
| 6 | | Illinois State Police Department within 60 days of | 7 | | the date of service of the order as ordered by the | 8 | | court, unless a motion to vacate, modify, or | 9 | | reconsider the order is filed under paragraph (12) | 10 | | of subsection (d) of this Section; | 11 | | (iv) records impounded by the Illinois State | 12 | | Police Department may be disseminated by the | 13 | | Illinois State Police Department only as required | 14 | | by law or to the arresting authority, the State's | 15 | | Attorney, and the court upon a later arrest for | 16 | | the same or a similar offense or for the purpose of | 17 | | sentencing for any subsequent felony, and to the | 18 | | Department of Corrections upon conviction for any | 19 | | offense; and | 20 | | (v) in response to an inquiry for these | 21 | | records from anyone not authorized by law to | 22 | | access the records, the court, the Illinois State | 23 | | Police Department , or the agency receiving the | 24 | | inquiry shall reply as it does in response to | 25 | | inquiries when no records ever existed. | 26 | | (C) Upon entry of an order to seal records under |
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| 1 | | subsection
(c), the arresting agency, any other agency | 2 | | as ordered by the court, the Illinois State Police | 3 | | Department , and the court shall seal the records (as | 4 | | defined in subsection (a)(1)(K)). In response to an | 5 | | inquiry for such records, from anyone not authorized | 6 | | by law to access such records, the court, the Illinois | 7 | | State Police Department , or the agency receiving such | 8 | | inquiry shall reply as it does in response to | 9 | | inquiries when no records ever existed. | 10 | | (D) The Illinois State Police Department shall | 11 | | send written notice to the petitioner of its | 12 | | compliance with each order to expunge or seal records | 13 | | within 60 days of the date of service of that order or, | 14 | | if a motion to vacate, modify, or reconsider is filed, | 15 | | within 60 days of service of the order resolving the | 16 | | motion, if that order requires the Illinois State | 17 | | Police Department to expunge or seal records. In the | 18 | | event of an appeal from the circuit court order, the | 19 | | Illinois State Police Department shall send written | 20 | | notice to the petitioner of its compliance with an | 21 | | Appellate Court or Supreme Court judgment to expunge | 22 | | or seal records within 60 days of the issuance of the | 23 | | court's mandate. The notice is not required while any | 24 | | motion to vacate, modify, or reconsider, or any appeal | 25 | | or petition for discretionary appellate review, is | 26 | | pending. |
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| 1 | | (E) Upon motion, the court may order that a sealed | 2 | | judgment or other court record necessary to | 3 | | demonstrate the amount of any legal financial | 4 | | obligation due and owing be made available for the | 5 | | limited purpose of collecting any legal financial | 6 | | obligations owed by the petitioner that were | 7 | | established, imposed, or originated in the criminal | 8 | | proceeding for which those records have been sealed. | 9 | | The records made available under this subparagraph (E) | 10 | | shall not be entered into the official index required | 11 | | to be kept by the circuit court clerk under Section 16 | 12 | | of the Clerks of Courts Act and shall be immediately | 13 | | re-impounded upon the collection of the outstanding | 14 | | financial obligations. | 15 | | (F) Notwithstanding any other provision of this | 16 | | Section, a circuit court clerk may access a sealed | 17 | | record for the limited purpose of collecting payment | 18 | | for any legal financial obligations that were | 19 | | established, imposed, or originated in the criminal | 20 | | proceedings for which those records have been sealed. | 21 | | (10) Fees. The Illinois State Police Department may | 22 | | charge the petitioner a fee equivalent to the cost of | 23 | | processing any order to expunge or seal records. | 24 | | Notwithstanding any provision of the Clerks of Courts Act | 25 | | to the contrary, the circuit court clerk may charge a fee | 26 | | equivalent to the cost associated with the sealing or |
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| 1 | | expungement of records by the circuit court clerk. From | 2 | | the total filing fee collected for the petition to seal or | 3 | | expunge, the circuit court clerk shall deposit $10 into | 4 | | the Circuit Court Clerk Operation and Administrative Fund, | 5 | | to be used to offset the costs incurred by the circuit | 6 | | court clerk in performing the additional duties required | 7 | | to serve the petition to seal or expunge on all parties. | 8 | | The circuit court clerk shall collect and remit the | 9 | | Illinois Department of State Police portion of the fee to | 10 | | the State Treasurer and it shall be deposited in the State | 11 | | Police Services Fund. If the record brought under an | 12 | | expungement petition was previously sealed under this | 13 | | Section, the fee for the expungement petition for that | 14 | | same record shall be waived. | 15 | | (11) Final Order. No court order issued under the | 16 | | expungement or sealing provisions of this Section shall | 17 | | become final for purposes of appeal until 30 days after | 18 | | service of the order on the petitioner and all parties | 19 | | entitled to notice of the petition. | 20 | | (12) Motion to Vacate, Modify, or Reconsider. Under | 21 | | Section 2-1203 of the Code of Civil Procedure, the | 22 | | petitioner or any party entitled to notice may file a | 23 | | motion to vacate, modify, or reconsider the order granting | 24 | | or denying the petition to expunge or seal within 60 days | 25 | | of service of the order. If filed more than 60 days after | 26 | | service of the order, a petition to vacate, modify, or |
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| 1 | | reconsider shall comply with subsection (c) of Section | 2 | | 2-1401 of the Code of Civil Procedure. Upon filing of a | 3 | | motion to vacate, modify, or reconsider, notice of the | 4 | | motion shall be served upon the petitioner and all parties | 5 | | entitled to notice of the petition. | 6 | | (13) Effect of Order. An order granting a petition | 7 | | under the expungement or sealing provisions of this | 8 | | Section shall not be considered void because it fails to | 9 | | comply with the provisions of this Section or because of | 10 | | any error asserted in a motion to vacate, modify, or | 11 | | reconsider. The circuit court retains jurisdiction to | 12 | | determine whether the order is voidable and to vacate, | 13 | | modify, or reconsider its terms based on a motion filed | 14 | | under paragraph (12) of this subsection (d). | 15 | | (14) Compliance with Order Granting Petition to Seal | 16 | | Records. Unless a court has entered a stay of an order | 17 | | granting a petition to seal, all parties entitled to | 18 | | notice of the petition must fully comply with the terms of | 19 | | the order within 60 days of service of the order even if a | 20 | | party is seeking relief from the order through a motion | 21 | | filed under paragraph (12) of this subsection (d) or is | 22 | | appealing the order. | 23 | | (15) Compliance with Order Granting Petition to | 24 | | Expunge Records. While a party is seeking relief from the | 25 | | order granting the petition to expunge through a motion | 26 | | filed under paragraph (12) of this subsection (d) or is |
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| 1 | | appealing the order, and unless a court has entered a stay | 2 | | of that order, the parties entitled to notice of the | 3 | | petition must seal, but need not expunge, the records | 4 | | until there is a final order on the motion for relief or, | 5 | | in the case of an appeal, the issuance of that court's | 6 | | mandate. | 7 | | (16) The changes to this subsection (d) made by Public | 8 | | Act 98-163 apply to all petitions pending on August 5, | 9 | | 2013 (the effective date of Public Act 98-163) and to all | 10 | | orders ruling on a petition to expunge or seal on or after | 11 | | August 5, 2013 (the effective date of Public Act 98-163). | 12 | | (e) Whenever a person who has been convicted of an offense | 13 | | is granted
a pardon by the Governor which specifically | 14 | | authorizes expungement, he or she may,
upon verified petition | 15 | | to the Chief Judge of the circuit where the person had
been | 16 | | convicted, any judge of the circuit designated by the Chief | 17 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 18 | | presiding trial judge at the
defendant's trial, have a court | 19 | | order entered expunging the record of
arrest from the official | 20 | | records of the arresting authority and order that the
records | 21 | | of the circuit court clerk and the Illinois State Police | 22 | | Department be sealed until
further order of the court upon | 23 | | good cause shown or as otherwise provided
herein, and the name | 24 | | of the defendant obliterated from the official index
requested | 25 | | to be kept by the circuit court clerk under Section 16 of the | 26 | | Clerks
of Courts Act in connection with the arrest and |
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| 1 | | conviction for the offense for
which he or she had been | 2 | | pardoned but the order shall not affect any index issued by
the | 3 | | circuit court clerk before the entry of the order. All records | 4 | | sealed by
the Illinois State Police Department may be | 5 | | disseminated by the Illinois State Police Department only to | 6 | | the arresting authority, the State's Attorney, and the court | 7 | | upon a later
arrest for the same or similar offense or for the | 8 | | purpose of sentencing for any
subsequent felony. Upon | 9 | | conviction for any subsequent offense, the Department
of | 10 | | Corrections shall have access to all sealed records of the | 11 | | Illinois State Police Department
pertaining to that | 12 | | individual. Upon entry of the order of expungement, the
| 13 | | circuit court clerk shall promptly mail a copy of the order to | 14 | | the
person who was pardoned. | 15 | | (e-5) Whenever a person who has been convicted of an | 16 | | offense is granted a certificate of eligibility for sealing by | 17 | | the Prisoner Review Board which specifically authorizes | 18 | | sealing, he or she may, upon verified petition to the Chief | 19 | | Judge of the circuit where the person had been convicted, any | 20 | | judge of the circuit designated by the Chief Judge, or in | 21 | | counties of less than 3,000,000 inhabitants, the presiding | 22 | | trial judge at the petitioner's trial, have a court order | 23 | | entered sealing the record of arrest from the official records | 24 | | of the arresting authority and order that the records of the | 25 | | circuit court clerk and the Illinois State Police Department | 26 | | be sealed until further order of the court upon good cause |
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| 1 | | shown or as otherwise provided herein, and the name of the | 2 | | petitioner obliterated from the official index requested to be | 3 | | kept by the circuit court clerk under Section 16 of the Clerks | 4 | | of Courts Act in connection with the arrest and conviction for | 5 | | the offense for which he or she had been granted the | 6 | | certificate but the order shall not affect any index issued by | 7 | | the circuit court clerk before the entry of the order. All | 8 | | records sealed by the Illinois State Police Department may be | 9 | | disseminated by the Illinois State Police Department only as | 10 | | required by this Act or to the arresting authority, a law | 11 | | enforcement agency, the State's Attorney, and the court upon a | 12 | | later arrest for the same or similar offense or for the purpose | 13 | | of sentencing for any subsequent felony. Upon conviction for | 14 | | any subsequent offense, the Department of Corrections shall | 15 | | have access to all sealed records of the Illinois State Police | 16 | | Department pertaining to that individual. Upon entry of the | 17 | | order of sealing, the circuit court clerk shall promptly mail | 18 | | a copy of the order to the person who was granted the | 19 | | certificate of eligibility for sealing. | 20 | | (e-6) Whenever a person who has been convicted of an | 21 | | offense is granted a certificate of eligibility for | 22 | | expungement by the Prisoner Review Board which specifically | 23 | | authorizes expungement, he or she may, upon verified petition | 24 | | to the Chief Judge of the circuit where the person had been | 25 | | convicted, any judge of the circuit designated by the Chief | 26 | | Judge, or in counties of less than 3,000,000 inhabitants, the |
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| 1 | | presiding trial judge at the petitioner's trial, have a court | 2 | | order entered expunging the record of arrest from the official | 3 | | records of the arresting authority and order that the records | 4 | | of the circuit court clerk and the Illinois State Police | 5 | | Department be sealed until further order of the court upon | 6 | | good cause shown or as otherwise provided herein, and the name | 7 | | of the petitioner obliterated from the official index | 8 | | requested to be kept by the circuit court clerk under Section | 9 | | 16 of the Clerks of Courts Act in connection with the arrest | 10 | | and conviction for the offense for which he or she had been | 11 | | granted the certificate but the order shall not affect any | 12 | | index issued by the circuit court clerk before the entry of the | 13 | | order. All records sealed by the Illinois State Police | 14 | | Department may be disseminated by the Illinois State Police | 15 | | Department only as required by this Act or to the arresting | 16 | | authority, a law enforcement agency, the State's Attorney, and | 17 | | the court upon a later arrest for the same or similar offense | 18 | | or for the purpose of sentencing for any subsequent felony. | 19 | | Upon conviction for any subsequent offense, the Department of | 20 | | Corrections shall have access to all expunged records of the | 21 | | Illinois State Police Department pertaining to that | 22 | | individual. Upon entry of the order of expungement, the | 23 | | circuit court clerk shall promptly mail a copy of the order to | 24 | | the person who was granted the certificate of eligibility for | 25 | | expungement. | 26 | | (f) Subject to available funding, the Illinois Department
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| 1 | | of Corrections shall conduct a study of the impact of sealing,
| 2 | | especially on employment and recidivism rates, utilizing a
| 3 | | random sample of those who apply for the sealing of their
| 4 | | criminal records under Public Act 93-211. At the request of | 5 | | the
Illinois Department of Corrections, records of the | 6 | | Illinois
Department of Employment Security shall be utilized | 7 | | as
appropriate to assist in the study. The study shall not
| 8 | | disclose any data in a manner that would allow the
| 9 | | identification of any particular individual or employing unit.
| 10 | | The study shall be made available to the General Assembly no
| 11 | | later than September 1, 2010.
| 12 | | (g) Immediate Sealing. | 13 | | (1) Applicability. Notwithstanding any other provision | 14 | | of this Act to the contrary, and cumulative with any | 15 | | rights to expungement or sealing of criminal records, this | 16 | | subsection authorizes the immediate sealing of criminal | 17 | | records of adults and of minors prosecuted as adults. | 18 | | (2) Eligible Records. | 19 | | (A) Arrests or charges not initiated by arrest | 20 | | resulting in acquittal or dismissal with prejudice, | 21 | | except as excluded by subsection (a)(3)(B), that occur | 22 | | on or after January 1, 2018 (the effective date of | 23 | | Public Act 100-282), may be sealed immediately if the | 24 | | petition is filed with the circuit court clerk on the | 25 | | same day and during the same hearing in which the case | 26 | | is disposed. |
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| 1 | | (B) Arrests or charges, relating to sidewalk | 2 | | vending that occurred on or before the effective date | 3 | | of this amendatory Act of the 102nd General Assembly | 4 | | that would not have occurred had the Sidewalk Vendor | 5 | | Access Act been in effect at the time of the offense, | 6 | | may be sealed immediately upon granting of a petition | 7 | | under Section 30 of the Sidewalk Vendor Access Act. | 8 | | (3) When Records are Eligible to be Immediately | 9 | | Sealed. Eligible records under paragraph (2) of this | 10 | | subsection (g) may be sealed immediately after entry of | 11 | | the final disposition of a case, notwithstanding the | 12 | | disposition of other charges in the same case. | 13 | | (4) Notice of Eligibility for Immediate Sealing. Upon | 14 | | entry of a disposition for an eligible record under this | 15 | | subsection (g), the defendant shall be informed by the | 16 | | court of his or her right to have eligible records | 17 | | immediately sealed and the procedure for the immediate | 18 | | sealing of these records. | 19 | | (5) Procedure. The following procedures apply to | 20 | | immediate sealing under this subsection (g) , except for | 21 | | records under subparagraph (B) of paragraph (2) of this | 22 | | subsection (g) . | 23 | | (A) Filing the Petition. Upon entry of the final | 24 | | disposition of the case, the defendant's attorney may | 25 | | immediately petition the court, on behalf of the | 26 | | defendant, for immediate sealing of eligible records |
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| 1 | | under paragraph (2) of this subsection (g) that are | 2 | | entered on or after January 1, 2018 (the effective | 3 | | date of Public Act 100-282). The immediate sealing | 4 | | petition may be filed with the circuit court clerk | 5 | | during the hearing in which the final disposition of | 6 | | the case is entered. If the defendant's attorney does | 7 | | not file the petition for immediate sealing during the | 8 | | hearing, the defendant may file a petition for sealing | 9 | | at any time as authorized under subsection (c)(3)(A). | 10 | | (B) Contents of Petition. The immediate sealing | 11 | | petition shall be verified and shall contain the | 12 | | petitioner's name, date of birth, current address, and | 13 | | for each eligible record, the case number, the date of | 14 | | arrest if applicable, the identity of the arresting | 15 | | authority if applicable, and other information as the | 16 | | court may require. | 17 | | (C) Drug Test. The petitioner shall not be | 18 | | required to attach proof that he or she has passed a | 19 | | drug test. | 20 | | (D) Service of Petition. A copy of the petition | 21 | | shall be served on the State's Attorney in open court. | 22 | | The petitioner shall not be required to serve a copy of | 23 | | the petition on any other agency. | 24 | | (E) Entry of Order. The presiding trial judge | 25 | | shall enter an order granting or denying the petition | 26 | | for immediate sealing during the hearing in which it |
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| 1 | | is filed. Petitions for immediate sealing shall be | 2 | | ruled on in the same hearing in which the final | 3 | | disposition of the case is entered. | 4 | | (F) Hearings. The court shall hear the petition | 5 | | for immediate sealing on the same day and during the | 6 | | same hearing in which the disposition is rendered. | 7 | | (G) Service of Order. An order to immediately seal | 8 | | eligible records shall be served in conformance with | 9 | | subsection (d)(8). | 10 | | (H) Implementation of Order. An order to | 11 | | immediately seal records shall be implemented in | 12 | | conformance with subsections (d)(9)(C) and (d)(9)(D). | 13 | | (I) Fees. The fee imposed by the circuit court | 14 | | clerk and the Illinois Department of State Police | 15 | | shall comply with paragraph (1) of subsection (d) of | 16 | | this Section. | 17 | | (J) Final Order. No court order issued under this | 18 | | subsection (g) shall become final for purposes of | 19 | | appeal until 30 days after service of the order on the | 20 | | petitioner and all parties entitled to service of the | 21 | | order in conformance with subsection (d)(8). | 22 | | (K) Motion to Vacate, Modify, or Reconsider. Under | 23 | | Section 2-1203 of the Code of Civil Procedure, the | 24 | | petitioner, State's Attorney, or the Illinois | 25 | | Department of State Police may file a motion to | 26 | | vacate, modify, or reconsider the order denying the |
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| 1 | | petition to immediately seal within 60 days of service | 2 | | of the order. If filed more than 60 days after service | 3 | | of the order, a petition to vacate, modify, or | 4 | | reconsider shall comply with subsection (c) of Section | 5 | | 2-1401 of the Code of Civil Procedure. | 6 | | (L) Effect of Order. An order granting an | 7 | | immediate sealing petition shall not be considered | 8 | | void because it fails to comply with the provisions of | 9 | | this Section or because of an error asserted in a | 10 | | motion to vacate, modify, or reconsider. The circuit | 11 | | court retains jurisdiction to determine whether the | 12 | | order is voidable, and to vacate, modify, or | 13 | | reconsider its terms based on a motion filed under | 14 | | subparagraph (L) of this subsection (g). | 15 | | (M) Compliance with Order Granting Petition to | 16 | | Seal Records. Unless a court has entered a stay of an | 17 | | order granting a petition to immediately seal, all | 18 | | parties entitled to service of the order must fully | 19 | | comply with the terms of the order within 60 days of | 20 | | service of the order. | 21 | | (h) Sealing; trafficking victims. | 22 | | (1) A trafficking victim as defined by paragraph (10) | 23 | | of subsection (a) of Section 10-9 of the Criminal Code of | 24 | | 2012 shall be eligible to petition for immediate sealing | 25 | | of his or her criminal record upon the completion of his or | 26 | | her last sentence if his or her participation in the |
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| 1 | | underlying offense was a direct result of human | 2 | | trafficking under Section 10-9 of the Criminal Code of | 3 | | 2012 or a severe form of trafficking under the federal | 4 | | Trafficking Victims Protection Act. | 5 | | (2) A petitioner under this subsection (h), in | 6 | | addition to the requirements provided under paragraph (4) | 7 | | of subsection (d) of this Section, shall include in his or | 8 | | her petition a clear and concise statement that: (A) he or | 9 | | she was a victim of human trafficking at the time of the | 10 | | offense; and (B) that his or her participation in the | 11 | | offense was a direct result of human trafficking under | 12 | | Section 10-9 of the Criminal Code of 2012 or a severe form | 13 | | of trafficking under the federal Trafficking Victims | 14 | | Protection Act. | 15 | | (3) If an objection is filed alleging that the | 16 | | petitioner is not entitled to immediate sealing under this | 17 | | subsection (h), the court shall conduct a hearing under | 18 | | paragraph (7) of subsection (d) of this Section and the | 19 | | court shall determine whether the petitioner is entitled | 20 | | to immediate sealing under this subsection (h). A | 21 | | petitioner is eligible for immediate relief under this | 22 | | subsection (h) if he or she shows, by a preponderance of | 23 | | the evidence, that: (A) he or she was a victim of human | 24 | | trafficking at the time of the offense; and (B) that his or | 25 | | her participation in the offense was a direct result of | 26 | | human trafficking under Section 10-9 of the Criminal Code |
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| 1 | | of 2012 or a severe form of trafficking under the federal | 2 | | Trafficking Victims Protection Act. | 3 | | (i) Minor Cannabis Offenses under the Cannabis Control | 4 | | Act. | 5 | | (1) Expungement of Arrest Records of Minor Cannabis | 6 | | Offenses. | 7 | | (A) The Illinois Department of State Police and | 8 | | all law enforcement agencies within the State shall | 9 | | automatically expunge all criminal history records of | 10 | | an arrest, charge not initiated by arrest, order of | 11 | | supervision, or order of qualified probation for a | 12 | | Minor Cannabis Offense committed prior to June 25, | 13 | | 2019 (the effective date of Public Act 101-27) if: | 14 | | (i) One year or more has elapsed since the | 15 | | date of the arrest or law enforcement interaction | 16 | | documented in the records; and | 17 | | (ii) No criminal charges were filed relating | 18 | | to the arrest or law enforcement interaction or | 19 | | criminal charges were filed and subsequently | 20 | | dismissed or vacated or the arrestee was | 21 | | acquitted. | 22 | | (B) If the law enforcement agency is unable to | 23 | | verify satisfaction of condition (ii) in paragraph | 24 | | (A), records that satisfy condition (i) in paragraph | 25 | | (A) shall be automatically expunged. | 26 | | (C) Records shall be expunged by the law |
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| 1 | | enforcement agency under the following timelines: | 2 | | (i) Records created prior to June 25, 2019 | 3 | | (the effective date of Public Act 101-27), but on | 4 | | or after January 1, 2013, shall be automatically | 5 | | expunged prior to January 1, 2021; | 6 | | (ii) Records created prior to January 1, 2013, | 7 | | but on or after January 1, 2000, shall be | 8 | | automatically expunged prior to January 1, 2023; | 9 | | (iii) Records created prior to January 1, 2000 | 10 | | shall be automatically expunged prior to January | 11 | | 1, 2025. | 12 | | In response to an inquiry for expunged records, | 13 | | the law enforcement agency receiving such inquiry | 14 | | shall reply as it does in response to inquiries when no | 15 | | records ever existed; however, it shall provide a | 16 | | certificate of disposition or confirmation that the | 17 | | record was expunged to the individual whose record was | 18 | | expunged if such a record exists. | 19 | | (D) Nothing in this Section shall be construed to | 20 | | restrict or modify an individual's right to have that | 21 | | individual's records expunged except as otherwise may | 22 | | be provided in this Act, or diminish or abrogate any | 23 | | rights or remedies otherwise available to the | 24 | | individual. | 25 | | (2) Pardons Authorizing Expungement of Minor Cannabis | 26 | | Offenses. |
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| 1 | | (A) Upon June 25, 2019 (the effective date of | 2 | | Public Act 101-27), the Department of State Police | 3 | | shall review all criminal history record information | 4 | | and identify all records that meet all of the | 5 | | following criteria: | 6 | | (i) one or more convictions for a Minor | 7 | | Cannabis Offense; | 8 | | (ii) the conviction identified in paragraph | 9 | | (2)(A)(i) did not include a penalty enhancement | 10 | | under Section 7 of the Cannabis Control Act; and | 11 | | (iii) the conviction identified in paragraph | 12 | | (2)(A)(i) is not associated with a conviction for | 13 | | a violent crime as defined in subsection (c) of | 14 | | Section 3 of the Rights of Crime Victims and | 15 | | Witnesses Act. | 16 | | (B) Within 180 days after June 25, 2019 (the | 17 | | effective date of Public Act 101-27), the Department | 18 | | of State Police shall notify the Prisoner Review Board | 19 | | of all such records that meet the criteria established | 20 | | in paragraph (2)(A). | 21 | | (i) The Prisoner Review Board shall notify the | 22 | | State's Attorney of the county of conviction of | 23 | | each record identified by State Police in | 24 | | paragraph (2)(A) that is classified as a Class 4 | 25 | | felony. The State's Attorney may provide a written | 26 | | objection to the Prisoner Review Board on the sole |
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| 1 | | basis that the record identified does not meet the | 2 | | criteria established in paragraph (2)(A). Such an | 3 | | objection must be filed within 60 days or by such | 4 | | later date set by the Prisoner Review Board in the | 5 | | notice after the State's Attorney received notice | 6 | | from the Prisoner Review Board. | 7 | | (ii) In response to a written objection from a | 8 | | State's Attorney, the Prisoner Review Board is | 9 | | authorized to conduct a non-public hearing to | 10 | | evaluate the information provided in the | 11 | | objection. | 12 | | (iii) The Prisoner Review Board shall make a | 13 | | confidential and privileged recommendation to the | 14 | | Governor as to whether to grant a pardon | 15 | | authorizing expungement for each of the records | 16 | | identified by the Department of State Police as | 17 | | described in paragraph (2)(A). | 18 | | (C) If an individual has been granted a pardon | 19 | | authorizing expungement as described in this Section, | 20 | | the Prisoner Review Board, through the Attorney | 21 | | General, shall file a petition for expungement with | 22 | | the Chief Judge of the circuit or any judge of the | 23 | | circuit designated by the Chief Judge where the | 24 | | individual had been convicted. Such petition may | 25 | | include more than one individual. Whenever an | 26 | | individual who has been convicted of an offense is |
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| 1 | | granted a pardon by the Governor that specifically | 2 | | authorizes expungement, an objection to the petition | 3 | | may not be filed. Petitions to expunge under this | 4 | | subsection (i) may include more than one individual. | 5 | | Within 90 days of the filing of such a petition, the | 6 | | court shall enter an order expunging the records of | 7 | | arrest from the official records of the arresting | 8 | | authority and order that the records of the circuit | 9 | | court clerk and the Illinois Department of State | 10 | | Police be expunged and the name of the defendant | 11 | | obliterated from the official index requested to be | 12 | | kept by the circuit court clerk under Section 16 of the | 13 | | Clerks of Courts Act in connection with the arrest and | 14 | | conviction for the offense for which the individual | 15 | | had received a pardon but the order shall not affect | 16 | | any index issued by the circuit court clerk before the | 17 | | entry of the order. Upon entry of the order of | 18 | | expungement, the circuit court clerk shall promptly | 19 | | provide a copy of the order and a certificate of | 20 | | disposition to the individual who was pardoned to the | 21 | | individual's last known address or by electronic means | 22 | | (if available) or otherwise make it available to the | 23 | | individual upon request. | 24 | | (D) Nothing in this Section is intended to | 25 | | diminish or abrogate any rights or remedies otherwise | 26 | | available to the individual. |
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| 1 | | (3) Any individual may file a motion to vacate and | 2 | | expunge a conviction for a misdemeanor or Class 4 felony | 3 | | violation of Section 4 or Section 5 of the Cannabis | 4 | | Control Act. Motions to vacate and expunge under this | 5 | | subsection (i) may be filed with the circuit court, Chief | 6 | | Judge of a judicial circuit or any judge of the circuit | 7 | | designated by the Chief Judge. The circuit court clerk | 8 | | shall promptly serve a copy of the motion to vacate and | 9 | | expunge, and any supporting documentation, on the State's | 10 | | Attorney or prosecutor charged with the duty of | 11 | | prosecuting the offense. When considering such a motion to | 12 | | vacate and expunge, a court shall consider the following: | 13 | | the reasons to retain the records provided by law | 14 | | enforcement, the petitioner's age, the petitioner's age at | 15 | | the time of offense, the time since the conviction, and | 16 | | the specific adverse consequences if denied. An individual | 17 | | may file such a petition after the completion of any | 18 | | non-financial sentence or non-financial condition imposed | 19 | | by the conviction. Within 60 days of the filing of such | 20 | | motion, a State's Attorney may file an objection to such a | 21 | | petition along with supporting evidence. If a motion to | 22 | | vacate and expunge is granted, the records shall be | 23 | | expunged in accordance with subparagraphs (d)(8) and | 24 | | (d)(9)(A) of this Section. An agency providing civil legal | 25 | | aid, as defined by Section 15 of the Public Interest | 26 | | Attorney Assistance Act, assisting individuals seeking to |
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| 1 | | file a motion to vacate and expunge under this subsection | 2 | | may file motions to vacate and expunge with the Chief | 3 | | Judge of a judicial circuit or any judge of the circuit | 4 | | designated by the Chief Judge, and the motion may include | 5 | | more than one individual. Motions filed by an agency | 6 | | providing civil legal aid concerning more than one | 7 | | individual may be prepared, presented, and signed | 8 | | electronically. | 9 | | (4) Any State's Attorney may file a motion to vacate | 10 | | and expunge a conviction for a misdemeanor or Class 4 | 11 | | felony violation of Section 4 or Section 5 of the Cannabis | 12 | | Control Act. Motions to vacate and expunge under this | 13 | | subsection (i) may be filed with the circuit court, Chief | 14 | | Judge of a judicial circuit or any judge of the circuit | 15 | | designated by the Chief Judge, and may include more than | 16 | | one individual. Motions filed by a State's Attorney | 17 | | concerning more than one individual may be prepared, | 18 | | presented, and signed electronically. When considering | 19 | | such a motion to vacate and expunge, a court shall | 20 | | consider the following: the reasons to retain the records | 21 | | provided by law enforcement, the individual's age, the | 22 | | individual's age at the time of offense, the time since | 23 | | the conviction, and the specific adverse consequences if | 24 | | denied. Upon entry of an order granting a motion to vacate | 25 | | and expunge records pursuant to this Section, the State's | 26 | | Attorney shall notify the Prisoner Review Board within 30 |
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| 1 | | days. Upon entry of the order of expungement, the circuit | 2 | | court clerk shall promptly provide a copy of the order and | 3 | | a certificate of disposition to the individual whose | 4 | | records will be expunged to the individual's last known | 5 | | address or by electronic means (if available) or otherwise | 6 | | make available to the individual upon request. If a motion | 7 | | to vacate and expunge is granted, the records shall be | 8 | | expunged in accordance with subparagraphs (d)(8) and | 9 | | (d)(9)(A) of this Section. | 10 | | (5) In the public interest, the State's Attorney of a | 11 | | county has standing to file motions to vacate and expunge | 12 | | pursuant to this Section in the circuit court with | 13 | | jurisdiction over the underlying conviction. | 14 | | (6) If a person is arrested for a Minor Cannabis | 15 | | Offense as defined in this Section before June 25, 2019 | 16 | | (the effective date of Public Act 101-27) and the person's | 17 | | case is still pending but a sentence has not been imposed, | 18 | | the person may petition the court in which the charges are | 19 | | pending for an order to summarily dismiss those charges | 20 | | against him or her, and expunge all official records of | 21 | | his or her arrest, plea, trial, conviction, incarceration, | 22 | | supervision, or expungement. If the court determines, upon | 23 | | review, that:
(A) the person was arrested before June 25, | 24 | | 2019 (the effective date of Public Act 101-27) for an | 25 | | offense that has been made eligible for expungement;
(B) | 26 | | the case is pending at the time; and
(C) the person has not |
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| 1 | | been sentenced of the minor cannabis violation eligible | 2 | | for expungement under this subsection, the court shall | 3 | | consider the following: the reasons to retain the records | 4 | | provided by law enforcement, the petitioner's age, the | 5 | | petitioner's age at the time of offense, the time since | 6 | | the conviction, and the specific adverse consequences if | 7 | | denied. If a motion to dismiss and expunge is granted, the | 8 | | records shall be expunged in accordance with subparagraph | 9 | | (d)(9)(A) of this Section. | 10 | | (7) A person imprisoned solely as a result of one or | 11 | | more convictions for Minor Cannabis Offenses under this | 12 | | subsection (i) shall be released from incarceration upon | 13 | | the issuance of an order under this subsection. | 14 | | (8) The Illinois Department of State Police shall | 15 | | allow a person to use the access and review process, | 16 | | established in the Illinois Department of State Police, | 17 | | for verifying that his or her records relating to Minor | 18 | | Cannabis Offenses of the Cannabis Control Act eligible | 19 | | under this Section have been expunged. | 20 | | (9) No conviction vacated pursuant to this Section | 21 | | shall serve as the basis for damages for time unjustly | 22 | | served as provided in the Court of Claims Act. | 23 | | (10) Effect of Expungement. A person's right to | 24 | | expunge an expungeable offense shall not be limited under | 25 | | this Section. The effect of an order of expungement shall | 26 | | be to restore the person to the status he or she occupied |
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| 1 | | before the arrest, charge, or conviction. | 2 | | (11) Information. The Illinois Department of State | 3 | | Police shall post general information on its website about | 4 | | the expungement process described in this subsection (i). | 5 | | (j) Felony Prostitution Convictions. | 6 | | (1) Any individual may file a motion to vacate and | 7 | | expunge a conviction for a prior Class 4 felony violation | 8 | | of prostitution. Motions to vacate and expunge under this | 9 | | subsection (j) may be filed with the circuit court, Chief | 10 | | Judge of a judicial circuit, or any judge of the circuit | 11 | | designated by the Chief Judge. When considering the motion | 12 | | to vacate and expunge, a court shall consider the | 13 | | following: | 14 | | (A) the reasons to retain the records provided by | 15 | | law enforcement; | 16 | | (B) the petitioner's age; | 17 | | (C) the petitioner's age at the time of offense; | 18 | | and | 19 | | (D) the time since the conviction, and the | 20 | | specific adverse consequences if denied. An individual | 21 | | may file the petition after the completion of any | 22 | | sentence or condition imposed by the conviction. | 23 | | Within 60 days of the filing of the motion, a State's | 24 | | Attorney may file an objection to the petition along | 25 | | with supporting evidence. If a motion to vacate and | 26 | | expunge is granted, the records shall be expunged in |
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| 1 | | accordance with subparagraph (d)(9)(A) of this | 2 | | Section. An agency providing civil legal aid, as | 3 | | defined in Section 15 of the Public Interest Attorney | 4 | | Assistance Act, assisting individuals seeking to file | 5 | | a motion to vacate and expunge under this subsection | 6 | | may file motions to vacate and expunge with the Chief | 7 | | Judge of a judicial circuit or any judge of the circuit | 8 | | designated by the Chief Judge, and the motion may | 9 | | include more than one individual. | 10 | | (2) Any State's Attorney may file a motion to vacate | 11 | | and expunge a conviction for a Class 4 felony violation of | 12 | | prostitution. Motions to vacate and expunge under this | 13 | | subsection (j) may be filed with the circuit court, Chief | 14 | | Judge of a judicial circuit, or any judge of the circuit | 15 | | court designated by the Chief Judge, and may include more | 16 | | than one individual. When considering the motion to vacate | 17 | | and expunge, a court shall consider the following reasons: | 18 | | (A) the reasons to retain the records provided by | 19 | | law enforcement; | 20 | | (B) the petitioner's age; | 21 | | (C) the petitioner's age at the time of offense; | 22 | | (D) the time since the conviction; and | 23 | | (E) the specific adverse consequences if denied. | 24 | | If the State's Attorney files a motion to vacate and | 25 | | expunge records for felony prostitution convictions | 26 | | pursuant to this Section, the State's Attorney shall |
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| 1 | | notify the Prisoner Review Board within 30 days of the | 2 | | filing. If a motion to vacate and expunge is granted, the | 3 | | records shall be expunged in accordance with subparagraph | 4 | | (d)(9)(A) of this Section. | 5 | | (3) In the public interest, the State's Attorney of a | 6 | | county has standing to file motions to vacate and expunge | 7 | | pursuant to this Section in the circuit court with | 8 | | jurisdiction over the underlying conviction. | 9 | | (4) The Illinois State Police shall allow a person to | 10 | | a use the access and review process, established in the | 11 | | Illinois State Police, for verifying that his or her | 12 | | records relating to felony prostitution eligible under | 13 | | this Section have been expunged. | 14 | | (5) No conviction vacated pursuant to this Section | 15 | | shall serve as the basis for damages for time unjustly | 16 | | served as provided in the Court of Claims Act. | 17 | | (6) Effect of Expungement. A person's right to expunge | 18 | | an expungeable offense shall not be limited under this | 19 | | Section. The effect of an order of expungement shall be to | 20 | | restore the person to the status he or she occupied before | 21 | | the arrest, charge, or conviction. | 22 | | (7) Information. The Illinois State Police shall post | 23 | | general information on its website about the expungement | 24 | | process described in this subsection (j). | 25 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | 26 | | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. |
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| 1 | | 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; | 2 | | 102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)
| 3 | | Section 105. The Counties Code is amended by changing | 4 | | Section 5-1058 as follows:
| 5 | | (55 ILCS 5/5-1058) (from Ch. 34, par. 5-1058)
| 6 | | Sec. 5-1058.
Hawkers, peddlers, itinerant merchants, and | 7 | | transient
vendors. A county board may regulate, in the manner | 8 | | authorized by this
Section hawkers, peddlers, itinerant | 9 | | merchants and transient vendors of
merchandise in any area not | 10 | | within the corporate limits of a municipality
which licenses | 11 | | or regulates hawkers, peddlers, itinerant merchants, and
| 12 | | transient vendors of merchandise. The county board may require | 13 | | that any
such person register his name and the name of any firm | 14 | | he represents with
the county clerk and may make reasonable | 15 | | restrictions of the hours during
which he may engage in door - | 16 | | to - door solicitation. The board shall not
require a fee from | 17 | | such persons or make regulations other than those
authorized | 18 | | by this Section. The provisions of this Section do not apply to
| 19 | | any county which is a home rule unit.
| 20 | | To the extent that this Section conflicts with the | 21 | | Sidewalk Vendor Access Act, the Sidewalk Vendor Access Act | 22 | | prevails. | 23 | | (Source: P.A. 86-962.)
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| 1 | | Section 110. The Illinois Municipal Code is amended by | 2 | | changing Section 11-42-5 as follows:
| 3 | | (65 ILCS 5/11-42-5) (from Ch. 24, par. 11-42-5)
| 4 | | Sec. 11-42-5.
The corporate authorities of each | 5 | | municipality may license,
tax, regulate, or prohibit hawkers, | 6 | | peddlers, pawnbrokers, itinerant
merchants, transient vendors | 7 | | of merchandise, theatricals and other
exhibitions, shows, and | 8 | | amusements and may license, tax, and regulate all
places for | 9 | | eating or amusement. No municipality may impose a tax under | 10 | | this Section, or impose any other amusement or exhibition tax, | 11 | | on ticket sales, membership fees, or any other charges for | 12 | | attending exhibitions or attractions associated with a | 13 | | zoological park authorized under Section 40 of the Cook County | 14 | | Forest Preserve District Act, nor may any municipality impose | 15 | | a duty to collect a tax under this Section, or any other | 16 | | amusement or exhibition tax, on any owner or operator of a | 17 | | zoological park authorized under Section 40 of the Cook County | 18 | | Forest Preserve District Act.
| 19 | | To the extent that this Section conflicts with the | 20 | | Sidewalk Vendor Access Act, the Sidewalk Vendor Access Act | 21 | | prevails. | 22 | | (Source: P.A. 96-1516, eff. 2-4-11.)
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