Full Text of HB5008 101st General Assembly
HB5008 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5008 Introduced 2/18/2020, by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. Provides that in case of records that are not subject to automatic expungement, includes a felony or any misdemeanor adjudication (rather than only a Class B
misdemeanor, Class C misdemeanor adjudication) for which a person may petition the court at any time for expungement of juvenile law
enforcement records and juvenile court records relating to the incident.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-915 as follows:
| 6 | | (705 ILCS 405/5-915)
| 7 | | Sec. 5-915. Expungement of juvenile law enforcement and | 8 | | juvenile court records.
| 9 | | (0.05) (Blank). | 10 | | (0.1) (a) The Department of State Police and all law | 11 | | enforcement agencies within the State shall automatically | 12 | | expunge, on or before January 1 of each year, all juvenile law | 13 | | enforcement records relating to events occurring before an | 14 | | individual's 18th birthday if: | 15 | | (1) one year or more has elapsed since the date of the | 16 | | arrest or law enforcement interaction documented in the | 17 | | records; | 18 | | (2) no petition for delinquency or criminal charges | 19 | | were filed with the clerk of the circuit court relating to | 20 | | the arrest or law enforcement interaction documented in the | 21 | | records; and | 22 | | (3) 6 months have elapsed since the date of the arrest | 23 | | without an additional subsequent arrest or filing of a |
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| 1 | | petition for delinquency or criminal charges whether | 2 | | related or not to the arrest or law enforcement interaction | 3 | | documented in the records. | 4 | | (b) If the law enforcement agency is unable to verify | 5 | | satisfaction of conditions (2) and (3) of this subsection | 6 | | (0.1), records that satisfy condition (1) of this subsection | 7 | | (0.1) shall be automatically expunged if the records relate to | 8 | | an offense that if committed by an adult would not be an | 9 | | offense classified as Class 2 felony or higher, an offense | 10 | | under Article 11 of the Criminal Code of 1961 or Criminal Code | 11 | | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | 12 | | 12-15, or 12-16 of the Criminal Code of 1961. | 13 | | (0.15) If a juvenile law enforcement record meets paragraph | 14 | | (a) of subsection (0.1) of this Section, a juvenile law | 15 | | enforcement record created: | 16 | | (1) prior to January 1, 2018, but on or after January | 17 | | 1, 2013 shall be automatically expunged prior to January 1, | 18 | | 2020; | 19 | | (2) prior to January 1, 2013, but on or after January | 20 | | 1, 2000, shall be automatically expunged prior to January | 21 | | 1, 2023; and | 22 | | (3) prior to January 1, 2000 shall not be subject to | 23 | | the automatic expungement provisions of this Act. | 24 | | Nothing in this subsection (0.15) shall be construed to | 25 | | restrict or modify an individual's right to have his or her | 26 | | juvenile law enforcement records expunged except as otherwise |
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| 1 | | may be provided in this Act. | 2 | | (0.2) (a) Upon dismissal of a petition alleging delinquency | 3 | | or upon a finding of not delinquent, the successful termination | 4 | | of an order of supervision, or the successful termination of an | 5 | | adjudication for an offense which would be a Class B | 6 | | misdemeanor, Class C misdemeanor, or a petty or business | 7 | | offense if committed by an adult, the court shall automatically | 8 | | order the expungement of the juvenile court records and | 9 | | juvenile law enforcement records. The clerk shall deliver a | 10 | | certified copy of the expungement order to the Department of | 11 | | State Police and the arresting agency. Upon request, the | 12 | | State's Attorney shall furnish the name of the arresting | 13 | | agency. The expungement shall be completed within 60 business | 14 | | days after the receipt of the expungement order. | 15 | | (b) If the chief law enforcement officer of the agency, or | 16 | | his or her designee, certifies in writing that certain | 17 | | information is needed for a pending investigation involving the | 18 | | commission of a felony, that information, and information | 19 | | identifying the juvenile, may be retained until the statute of | 20 | | limitations for the felony has run. If the chief law | 21 | | enforcement officer of the agency, or his or her designee, | 22 | | certifies in writing that certain information is needed with | 23 | | respect to an internal investigation of any law enforcement | 24 | | office, that information and information identifying the | 25 | | juvenile may be retained within an intelligence file until the | 26 | | investigation is terminated or the disciplinary action, |
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| 1 | | including appeals, has been completed, whichever is later. | 2 | | Retention of a portion of a juvenile's law enforcement record | 3 | | does not disqualify the remainder of his or her record from | 4 | | immediate automatic expungement. | 5 | | (0.3) (a) Upon an adjudication of delinquency based on any | 6 | | offense except a disqualified offense, the juvenile court shall | 7 | | automatically order the expungement of the juvenile court and | 8 | | law enforcement records 2 years after the juvenile's case was | 9 | | closed if no delinquency or criminal proceeding is pending and | 10 | | the person has had no subsequent delinquency adjudication or | 11 | | criminal conviction. The clerk shall deliver a certified copy | 12 | | of the expungement order to the Department of State Police and | 13 | | the arresting agency. Upon request, the State's Attorney shall | 14 | | furnish the name of the arresting agency. The expungement shall | 15 | | be completed within 60 business days after the receipt of the | 16 | | expungement order. In this subsection (0.3), "disqualified | 17 | | offense" means any of the following offenses: Section 8-1.2, | 18 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, | 19 | | 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 20 | | 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, | 21 | | 12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, | 22 | | 18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, | 23 | | 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, | 24 | | 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal | 25 | | Code of 2012, or subsection (b) of Section 8-1, paragraph (4) | 26 | | of subsection (a) of Section 11-14.4, subsection (a-5) of |
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| 1 | | Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of | 2 | | Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, | 3 | | paragraph (1) or (2) of subsection (a) of Section 12-7.4, | 4 | | subparagraph (i) of paragraph (1) of subsection (a) of Section | 5 | | 12-9, subparagraph (H) of paragraph (3) of subsection (a) of | 6 | | Section 24-1.6, paragraph (1) of subsection (a) of Section | 7 | | 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code | 8 | | of 2012. | 9 | | (b) If the chief law enforcement officer of the agency, or | 10 | | his or her designee, certifies in writing that certain | 11 | | information is needed for a pending investigation involving the | 12 | | commission of a felony, that information, and information | 13 | | identifying the juvenile, may be retained in an intelligence | 14 | | file until the investigation is terminated or for one | 15 | | additional year, whichever is sooner. Retention of a portion of | 16 | | a juvenile's juvenile law enforcement record does not | 17 | | disqualify the remainder of his or her record from immediate | 18 | | automatic expungement. | 19 | | (0.4) Automatic expungement for the purposes of this | 20 | | Section shall not require law enforcement agencies to | 21 | | obliterate or otherwise destroy juvenile law enforcement | 22 | | records that would otherwise need to be automatically expunged | 23 | | under this Act, except after 2 years following the subject | 24 | | arrest for purposes of use in civil litigation against a | 25 | | governmental entity or its law enforcement agency or personnel | 26 | | which created, maintained, or used the records. However , these |
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| 1 | | juvenile law enforcement records shall be considered expunged | 2 | | for all other purposes during this period and the offense, | 3 | | which the records or files concern, shall be treated as if it | 4 | | never occurred as required under Section 5-923. | 5 | | (0.5) Subsection (0.1) or (0.2) of this Section does not | 6 | | apply to violations of traffic, boating, fish and game laws, or | 7 | | county or municipal ordinances. | 8 | | (0.6) Juvenile law enforcement records of a plaintiff who | 9 | | has filed civil litigation against the governmental entity or | 10 | | its law enforcement agency or personnel that created, | 11 | | maintained, or used the records, or juvenile law enforcement | 12 | | records that contain information related to the allegations set | 13 | | forth in the civil litigation may not be expunged until after 2 | 14 | | years have elapsed after the conclusion of the lawsuit, | 15 | | including any appeal. | 16 | | (0.7) Officer-worn body camera recordings shall not be | 17 | | automatically expunged except as otherwise authorized by the | 18 | | Law Enforcement Officer-Worn Body Camera Act. | 19 | | (1) Whenever a person has been arrested, charged, or | 20 | | adjudicated delinquent for an incident occurring before his or | 21 | | her 18th birthday that if committed by an adult would be an | 22 | | offense, and that person's juvenile law enforcement and | 23 | | juvenile court records are not eligible for automatic | 24 | | expungement under subsection (0.1), (0.2), or (0.3), the
person | 25 | | may petition the court at any time for expungement of juvenile | 26 | | law
enforcement records and juvenile court records relating to |
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| 1 | | the incident and, upon termination of all juvenile
court | 2 | | proceedings relating to that incident, the court shall order | 3 | | the expungement of all records in the possession of the | 4 | | Department of State Police, the clerk of the circuit court, and | 5 | | law enforcement agencies relating to the incident, but only in | 6 | | any of the following circumstances:
| 7 | | (a) the minor was arrested and no petition for | 8 | | delinquency was filed with
the clerk of the circuit court; | 9 | | (a-5) the minor was charged with an offense and the | 10 | | petition or petitions were dismissed without a finding of | 11 | | delinquency;
| 12 | | (b) the minor was charged with an offense and was found | 13 | | not delinquent of
that offense;
| 14 | | (c) the minor was placed under supervision under | 15 | | Section 5-615, and
the order of
supervision has since been | 16 | | successfully terminated; or
| 17 | | (d)
the minor was adjudicated for an offense which | 18 | | would be a felony or a misdemeanor Class B
misdemeanor, | 19 | | Class C misdemeanor , or a petty or business offense if | 20 | | committed by an adult.
| 21 | | (1.5) The Department of State Police shall allow a person | 22 | | to use the Access and Review process, established in the | 23 | | Department of State Police, for verifying that his or her | 24 | | juvenile law enforcement records relating to incidents | 25 | | occurring before his or her 18th birthday eligible under this | 26 | | Act have been expunged. |
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| 1 | | (1.6) (Blank). | 2 | | (1.7) (Blank). | 3 | | (1.8) (Blank). | 4 | | (2) Any person whose delinquency adjudications are not | 5 | | eligible for automatic expungement under subsection (0.3) of | 6 | | this Section may petition the court to expunge all juvenile law | 7 | | enforcement records
relating to any
incidents occurring before | 8 | | his or her 18th birthday which did not result in
proceedings in | 9 | | criminal court and all juvenile court records with respect to
| 10 | | any adjudications except those based upon first degree
murder | 11 | | or an offense under Article 11 of the Criminal Code of 2012 if | 12 | | the person is required to register under the Sex Offender | 13 | | Registration Act at the time he or she petitions the court for | 14 | | expungement; provided that : (a) (blank); or (b) 2 years have | 15 | | elapsed since all juvenile court proceedings relating to
him or | 16 | | her have been terminated and his or her commitment to the | 17 | | Department of
Juvenile Justice
under this Act has been | 18 | | terminated.
| 19 | | (2.5) If a minor is arrested and no petition for | 20 | | delinquency is filed with the clerk of the circuit court at the | 21 | | time the minor is released from custody, the youth officer, if | 22 | | applicable, or other designated person from the arresting | 23 | | agency, shall notify verbally and in writing to the minor or | 24 | | the minor's parents or guardians that the minor shall have an | 25 | | arrest record and shall provide the minor and the minor's | 26 | | parents or guardians with an expungement information packet, |
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| 1 | | information regarding this State's expungement laws including | 2 | | a petition to expunge juvenile law enforcement and juvenile | 3 | | court records obtained from the clerk of the circuit court. | 4 | | (2.6) If a minor is referred to court , then , at the time of | 5 | | sentencing , or dismissal of the case, or successful completion | 6 | | of supervision, the judge shall inform the delinquent minor of | 7 | | his or her rights regarding expungement and the clerk of the | 8 | | circuit court shall provide an expungement information packet | 9 | | to the minor, written in plain language, including information | 10 | | regarding this State's expungement laws and a petition for | 11 | | expungement, a sample of a completed petition, expungement | 12 | | instructions that shall include information informing the | 13 | | minor that (i) once the case is expunged, it shall be treated | 14 | | as if it never occurred, (ii) he or she may apply to have | 15 | | petition fees waived, (iii) once he or she obtains an | 16 | | expungement, he or she may not be required to disclose that he | 17 | | or she had a juvenile law enforcement or juvenile court record, | 18 | | and (iv) if petitioning he or she may file the petition on his | 19 | | or her own or with the assistance of an attorney. The failure | 20 | | of the judge to inform the delinquent minor of his or her right | 21 | | to petition for expungement as provided by law does not create | 22 | | a substantive right, nor is that failure grounds for: (i) a | 23 | | reversal of an adjudication of delinquency ; , (ii) a new trial; | 24 | | or (iii) an appeal. | 25 | | (2.7) (Blank). | 26 | | (2.8) (Blank). |
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| 1 | | (3) (Blank).
| 2 | | (3.1) (Blank).
| 3 | | (3.2) (Blank). | 4 | | (3.3) (Blank).
| 5 | | (4) (Blank).
| 6 | | (5) (Blank).
| 7 | | (5.5) Whether or not expunged, records eligible for | 8 | | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | 9 | | (0.3)(a) may be treated as expunged by the individual subject | 10 | | to the records. | 11 | | (6) (Blank). | 12 | | (6.5) The Department of State Police or any employee of the | 13 | | Department shall be immune from civil or criminal liability for | 14 | | failure to expunge any records of arrest that are subject to | 15 | | expungement under this Section because of inability to verify a | 16 | | record. Nothing in this Section shall create Department of | 17 | | State Police liability or responsibility for the expungement of | 18 | | juvenile law enforcement records it does not possess. | 19 | | (7) (Blank).
| 20 | | (7.5) (Blank). | 21 | | (8) (a) (Blank). (b) (Blank). (c) The expungement of | 22 | | juvenile law enforcement or juvenile court records under | 23 | | subsection (0.1), (0.2), or (0.3) of this Section shall be | 24 | | funded by appropriation by the General Assembly for that | 25 | | purpose. | 26 | | (9) (Blank). |
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| 1 | | (10) (Blank). | 2 | | (Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; | 3 | | 100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff. | 4 | | 8-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162, | 5 | | eff. 12-20-18; revised 7-16-19.)
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