[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] |
91_HB2717
LRB9105537WHdv
1 AN ACT in relation to expungement.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Identification Act is amended by
5 changing Section 5 as follows:
6 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
7 (Text of Section before amendment by P.A. 90-590)
8 Sec. 5. Arrest reports; expungement.
9 (a) All policing bodies of this State shall furnish to
10 the Department, daily, in the form and detail the Department
11 requires, fingerprints and descriptions of all persons who
12 are arrested on charges of violating any penal statute of
13 this State for offenses that are classified as felonies and
14 Class A or B misdemeanors and of all minors who have been
15 arrested or taken into custody before their 17th birthday for
16 an offense that if committed by an adult would constitute the
17 offense of unlawful use of weapons under Article 24 of the
18 Criminal Code of 1961, a forcible felony as defined in
19 Section 2-8 of the Criminal Code of 1961, or a Class 2 or
20 greater felony under the Cannabis Control Act, the Illinois
21 Controlled Substances Act, or Chapter 4 of the Illinois
22 Vehicle Code. Moving or nonmoving traffic violations under
23 the Illinois Vehicle Code shall not be reported except for
24 violations of Chapter 4, Section 11-204.1, or Section 11-501
25 of that Code. In addition, conservation offenses, as defined
26 in the Supreme Court Rule 501(c), that are classified as
27 Class B misdemeanors shall not be reported.
28 Whenever an adult or minor prosecuted as an adult, not
29 having previously been convicted of any criminal offense or
30 municipal ordinance violation, charged with a violation of a
31 municipal ordinance or a felony or misdemeanor, is acquitted
-2- LRB9105537WHdv
1 or released without being convicted, whether the acquittal or
2 release occurred before, on, or after the effective date of
3 this amendatory Act of 1991, the Chief Judge of the circuit
4 in which wherein the charge was brought, any judge of that
5 circuit designated by the Chief Judge, or in counties of less
6 than 3,000,000 inhabitants, the presiding trial judge at the
7 defendant's trial may upon verified petition of the defendant
8 order the record of arrest expunged from the official records
9 of the arresting authority and the Department and order that
10 the records of the clerk of the circuit court be sealed until
11 further order of the court upon good cause shown and the name
12 of the defendant obliterated on the official index required
13 to be kept by the circuit court clerk under Section 16 of the
14 Clerks of Courts Act, but the order shall not affect any
15 index issued by the circuit court clerk before the entry of
16 the order. The Department may charge the petitioner a fee
17 equivalent to the cost of processing any order to expunge or
18 seal the records, and the fee shall be deposited into the
19 State Police Services Fund. The records of those arrests,
20 however, that result in a disposition of supervision for any
21 offense shall not be expunged from the records of the
22 arresting authority or the Department nor impounded by the
23 court until 2 years after discharge and dismissal of
24 supervision. Those records that result from a supervision
25 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
26 11-503 of the Illinois Vehicle Code or a similar provision of
27 a local ordinance, or for a violation of Section 12-3.2,
28 12-15 or 16A-3 of the Criminal Code of 1961, or probation
29 under Section 10 of the Cannabis Control Act, Section 410 of
30 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
31 and (2) of the Criminal Code of 1961 (as those provisions
32 existed before their deletion by Public Act 89-313), Section
33 10-102 of the Illinois Alcoholism and Other Drug Dependency
34 Act when the judgment of conviction has been vacated, Section
-3- LRB9105537WHdv
1 40-10 of the Alcoholism and Other Drug Abuse and Dependency
2 Act when the judgment of conviction has been vacated, or
3 Section 10 of the Steroid Control Act shall not be expunged
4 from the records of the arresting authority nor impounded by
5 the court until 5 years after termination of probation or
6 supervision. Those records that result from a supervision for
7 a violation of Section 11-501 of the Illinois Vehicle Code or
8 a similar provision of a local ordinance, shall not be
9 expunged. All records set out above may be ordered by the
10 court to be expunged from the records of the arresting
11 authority and impounded by the court after 5 years, but shall
12 not be expunged by the Department, but shall, on court order
13 be sealed by the Department and may be disseminated by the
14 Department only as required by law or to the arresting
15 authority, the State's Attorney, and the court upon a later
16 arrest for the same or a similar offense or for the purpose
17 of sentencing for any subsequent felony. Upon conviction for
18 any offense, the Department of Corrections shall have access
19 to all sealed records of the Department pertaining to that
20 individual.
21 (b) Whenever a person has been convicted of a crime or
22 of the violation of a municipal ordinance, in the name of a
23 person whose identity he has stolen or otherwise come into
24 possession of, the aggrieved person from whom the identity
25 was stolen or otherwise obtained without authorization, upon
26 learning of the person having been arrested using his
27 identity, may, upon verified petition to the chief judge of
28 the circuit wherein the arrest was made, have a court order
29 entered nunc pro tunc by the chief judge to correct the
30 arrest record, conviction record, if any, and all official
31 records of the arresting authority, the Department, other
32 criminal justice agencies, the prosecutor, and the trial
33 court concerning such arrest, if any, by removing his name
34 from all such records in connection with the arrest and
-4- LRB9105537WHdv
1 conviction, if any, and by inserting in the records the name
2 of the offender, if known or ascertainable, in lieu of the
3 aggrieved's name. The records of the clerk of the circuit
4 court clerk shall be sealed until further order of the court
5 upon good cause shown and the name of the aggrieved person
6 obliterated on the official index required to be kept by the
7 circuit court clerk under Section 16 of the Clerks of Courts
8 Act, but the order shall not affect any index issued by the
9 circuit court clerk before the entry of the order. Nothing in
10 this Section shall limit the Department of State Police or
11 other criminal justice agencies or prosecutors from listing
12 under an offender's name the false names he or she has used.
13 For purposes of this Section, convictions for moving and
14 nonmoving traffic violations other than convictions for
15 violations of Chapter 4, Section 11-204.1 or Section 11-501
16 of the Illinois Vehicle Code shall not be a bar to expunging
17 the record of arrest and court records for violation of a
18 misdemeanor or municipal ordinance.
19 (c) Whenever a person who has been convicted of an
20 offense is granted a pardon by the Governor which
21 specifically authorizes expungement, he may, upon verified
22 petition to the chief judge of the circuit where the person
23 had been convicted, any judge of the circuit designated by
24 the Chief Judge, or in counties of less than 3,000,000
25 inhabitants, the presiding trial judge at the defendant's
26 trial, may have a court order entered expunging the record of
27 arrest from the official records of the arresting authority
28 and order that the records of the clerk of the circuit court
29 and the Department be sealed until further order of the court
30 upon good cause shown or as otherwise provided herein, and
31 the name of the defendant obliterated from the official index
32 requested to be kept by the circuit court clerk under Section
33 16 of the Clerks of Courts Act in connection with the arrest
34 and conviction for the offense for which he had been pardoned
-5- LRB9105537WHdv
1 but the order shall not affect any index issued by the
2 circuit court clerk before the entry of the order. All
3 records sealed by the Department may be disseminated by the
4 Department only as required by law or to the arresting
5 authority, the State's States Attorney, and the court upon a
6 later arrest for the same or similar offense or for the
7 purpose of sentencing for any subsequent felony. Upon
8 conviction for any subsequent offense, the Department of
9 Corrections shall have access to all sealed records of the
10 Department pertaining to that individual. Upon entry of the
11 order of expungement, the clerk of the circuit court shall
12 promptly mail a copy of the order to the person who was
13 pardoned.
14 (d) Notice of the petition for subsections (a), (b), and
15 (c) shall be served upon the State's Attorney or prosecutor
16 charged with the duty of prosecuting the offense, the
17 Department of State Police, the arresting agency and the
18 chief legal officer of the unit of local government affecting
19 the arrest. Unless the State's Attorney or prosecutor, the
20 Department of State Police, the arresting agency or such
21 chief legal officer objects to the petition within 30 days
22 from the date of the notice, the court shall enter an order
23 granting or denying the petition. The clerk of the court
24 shall promptly mail a copy of the order to the person, the
25 arresting agency, the prosecutor, the Department of State
26 Police and such other criminal justice agencies as may be
27 ordered by the judge.
28 (e) Nothing herein shall prevent the Department of State
29 Police from maintaining all records of any person who is
30 admitted to probation upon terms and conditions and who
31 fulfills those terms and conditions pursuant to Section 10 of
32 the Cannabis Control Act, Section 410 of the Illinois
33 Controlled Substances Act, Section 12-4.3 of the Criminal
34 Code of 1961, Section 10-102 of the Illinois Alcoholism and
-6- LRB9105537WHdv
1 Other Drug Dependency Act, Section 40-10 of the Alcoholism
2 and Other Drug Abuse and Dependency Act, or Section 10 of the
3 Steroid Control Act.
4 (f) No court order issued pursuant to the expungement
5 provisions of this Section shall become final for purposes of
6 appeal until 30 days after notice is received by the
7 Department. Any court order contrary to the provisions of
8 this Section is void.
9 (g) The court shall not order the sealing or expungement
10 of the arrest records and records of the circuit court clerk
11 of any person granted supervision for or convicted of any
12 sexual offense committed against a minor under 18 years of
13 age. For the purposes of this Section, "sexual offense
14 committed against a minor" includes but is not limited to the
15 offenses of indecent solicitation of a child or criminal
16 sexual abuse when the victim of such offense is under 18
17 years of age.
18 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
19 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
20 (Text of Section after amendment by P.A. 90-590)
21 Sec. 5. Arrest reports; expungement.
22 (a) All policing bodies of this State shall furnish to
23 the Department, daily, in the form and detail the Department
24 requires, fingerprints and descriptions of all persons who
25 are arrested on charges of violating any penal statute of
26 this State for offenses that are classified as felonies and
27 Class A or B misdemeanors and of all minors of the age of 10
28 and over who have been arrested for an offense which would be
29 a felony if committed by an adult, and may forward such
30 fingerprints and descriptions for minors arrested for Class A
31 or B misdemeanors. Moving or nonmoving traffic violations
32 under the Illinois Vehicle Code shall not be reported except
33 for violations of Chapter 4, Section 11-204.1, or Section
34 11-501 of that Code. In addition, conservation offenses, as
-7- LRB9105537WHdv
1 defined in the Supreme Court Rule 501(c), that are classified
2 as Class B misdemeanors shall not be reported.
3 Whenever an adult or minor prosecuted as an adult, not
4 having previously been convicted of any criminal offense or
5 municipal ordinance violation, charged with a violation of a
6 municipal ordinance or a felony or misdemeanor, is acquitted
7 or released without being convicted, whether the acquittal or
8 release occurred before, on, or after the effective date of
9 this amendatory Act of 1991, the Chief Judge of the circuit
10 in which wherein the charge was brought, any judge of that
11 circuit designated by the Chief Judge, or in counties of less
12 than 3,000,000 inhabitants, the presiding trial judge at the
13 defendant's trial may upon verified petition of the defendant
14 order the record of arrest expunged from the official records
15 of the arresting authority and the Department and order that
16 the records of the clerk of the circuit court be sealed until
17 further order of the court upon good cause shown and the name
18 of the defendant obliterated on the official index required
19 to be kept by the circuit court clerk under Section 16 of the
20 Clerks of Courts Act, but the order shall not affect any
21 index issued by the circuit court clerk before the entry of
22 the order. The Department may charge the petitioner a fee
23 equivalent to the cost of processing any order to expunge or
24 seal the records, and the fee shall be deposited into the
25 State Police Services Fund. The records of those arrests,
26 however, that result in a disposition of supervision for any
27 offense shall not be expunged from the records of the
28 arresting authority or the Department nor impounded by the
29 court until 2 years after discharge and dismissal of
30 supervision. Those records that result from a supervision
31 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
32 11-503 of the Illinois Vehicle Code or a similar provision of
33 a local ordinance, or for a violation of Section 12-3.2,
34 12-15 or 16A-3 of the Criminal Code of 1961, or probation
-8- LRB9105537WHdv
1 under Section 10 of the Cannabis Control Act, Section 410 of
2 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
3 and (2) of the Criminal Code of 1961 (as those provisions
4 existed before their deletion by Public Act 89-313), Section
5 10-102 of the Illinois Alcoholism and Other Drug Dependency
6 Act when the judgment of conviction has been vacated, Section
7 40-10 of the Alcoholism and Other Drug Abuse and Dependency
8 Act when the judgment of conviction has been vacated, or
9 Section 10 of the Steroid Control Act shall not be expunged
10 from the records of the arresting authority nor impounded by
11 the court until 5 years after termination of probation or
12 supervision. Those records that result from a supervision
13 for a violation of Section 11-501 of the Illinois Vehicle
14 Code or a similar provision of a local ordinance, shall not
15 be expunged. All records set out above may be ordered by the
16 court to be expunged from the records of the arresting
17 authority and impounded by the court after 5 years, but shall
18 not be expunged by the Department, but shall, on court order
19 be sealed by the Department and may be disseminated by the
20 Department only as required by law or to the arresting
21 authority, the State's Attorney, and the court upon a later
22 arrest for the same or a similar offense or for the purpose
23 of sentencing for any subsequent felony. Upon conviction for
24 any offense, the Department of Corrections shall have access
25 to all sealed records of the Department pertaining to that
26 individual.
27 (a-5) Those records maintained by the Department for
28 persons arrested prior to their 17th birthday shall be
29 expunged as provided in Section 5-915 of the Juvenile Court
30 Act of 1987.
31 (b) Whenever a person has been convicted of a crime or
32 of the violation of a municipal ordinance, in the name of a
33 person whose identity he has stolen or otherwise come into
34 possession of, the aggrieved person from whom the identity
-9- LRB9105537WHdv
1 was stolen or otherwise obtained without authorization, upon
2 learning of the person having been arrested using his
3 identity, may, upon verified petition to the chief judge of
4 the circuit wherein the arrest was made, have a court order
5 entered nunc pro tunc by the chief judge to correct the
6 arrest record, conviction record, if any, and all official
7 records of the arresting authority, the Department, other
8 criminal justice agencies, the prosecutor, and the trial
9 court concerning such arrest, if any, by removing his name
10 from all such records in connection with the arrest and
11 conviction, if any, and by inserting in the records the name
12 of the offender, if known or ascertainable, in lieu of the
13 has name. The records of the clerk of the circuit court
14 clerk shall be sealed until further order of the court upon
15 good cause shown and the name of the aggrieved person
16 obliterated on the official index required to be kept by the
17 circuit court clerk under Section 16 of the Clerks of Courts
18 Act, but the order shall not affect any index issued by the
19 circuit court clerk before the entry of the order. Nothing in
20 this Section shall limit the Department of State Police or
21 other criminal justice agencies or prosecutors from listing
22 under an offender's name the false names he or she has used.
23 For purposes of this Section, convictions for moving and
24 nonmoving traffic violations other than convictions for
25 violations of Chapter 4, Section 11-204.1 or Section 11-501
26 of the Illinois Vehicle Code shall not be a bar to expunging
27 the record of arrest and court records for violation of a
28 misdemeanor or municipal ordinance.
29 (c) Whenever a person who has been convicted of an
30 offense is granted a pardon by the Governor which
31 specifically authorizes expungement, he may, upon verified
32 petition to the chief judge of the circuit where the person
33 had been convicted, any judge of the circuit designated by
34 the Chief Judge, or in counties of less than 3,000,000
-10- LRB9105537WHdv
1 inhabitants, the presiding trial judge at the defendant's
2 trial, may have a court order entered expunging the record of
3 arrest from the official records of the arresting authority
4 and order that the records of the clerk of the circuit court
5 and the Department be sealed until further order of the court
6 upon good cause shown or as otherwise provided herein, and
7 the name of the defendant 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 had been pardoned
11 but the order shall not affect any index issued by the
12 circuit court clerk before the entry of the order. All
13 records sealed by the Department may be disseminated by the
14 Department only as required by law or to the arresting
15 authority, the State's States Attorney, and the court upon a
16 later arrest for the same or similar offense or for the
17 purpose of sentencing for any subsequent felony. Upon
18 conviction for any subsequent offense, the Department of
19 Corrections shall have access to all sealed records of the
20 Department pertaining to that individual. Upon entry of the
21 order of expungement, the clerk of the circuit court shall
22 promptly mail a copy of the order to the person who was
23 pardoned.
24 (d) Notice of the petition for subsections (a), (b), and
25 (c) shall be served upon the State's Attorney or prosecutor
26 charged with the duty of prosecuting the offense, the
27 Department of State Police, the arresting agency and the
28 chief legal officer of the unit of local government affecting
29 the arrest. Unless the State's Attorney or prosecutor, the
30 Department of State Police, the arresting agency or such
31 chief legal officer objects to the petition within 30 days
32 from the date of the notice, the court shall enter an order
33 granting or denying the petition. The clerk of the court
34 shall promptly mail a copy of the order to the person, the
-11- LRB9105537WHdv
1 arresting agency, the prosecutor, the Department of State
2 Police and such other criminal justice agencies as may be
3 ordered by the judge.
4 (e) Nothing herein shall prevent the Department of State
5 Police from maintaining all records of any person who is
6 admitted to probation upon terms and conditions and who
7 fulfills those terms and conditions pursuant to Section 10 of
8 the Cannabis Control Act, Section 410 of the Illinois
9 Controlled Substances Act, Section 12-4.3 of the Criminal
10 Code of 1961, Section 10-102 of the Illinois Alcoholism and
11 Other Drug Dependency Act, Section 40-10 of the Alcoholism
12 and Other Drug Abuse and Dependency Act, or Section 10 of the
13 Steroid Control Act.
14 (f) No court order issued pursuant to the expungement
15 provisions of this Section shall become final for purposes of
16 appeal until 30 days after notice is received by the
17 Department. Any court order contrary to the provisions of
18 this Section is void.
19 (g) The court shall not order the sealing or expungement
20 of the arrest records and records of the circuit court clerk
21 of any person granted supervision for or convicted of any
22 sexual offense committed against a minor under 18 years of
23 age. For the purposes of this Section, "sexual offense
24 committed against a minor" includes but is not limited to the
25 offenses of indecent solicitation of a child or criminal
26 sexual abuse when the victim of such offense is under 18
27 years of age.
28 (Source: P.A. 89-637, eff. 1-1-97; 89-689, eff. 12-31-96;
29 90-590, eff. 1-1-00; revised 10-31-98.)
30 Section 10. The Unified Code of Corrections is amended
31 by changing Section 5-6-3.1 as follows:
32 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
-12- LRB9105537WHdv
1 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
2 (a) When a defendant is placed on supervision, the court
3 shall enter an order for supervision specifying the period of
4 such supervision, and shall defer further proceedings in the
5 case until the conclusion of the period.
6 (b) The period of supervision shall be reasonable under
7 all of the circumstances of the case, but may not be longer
8 than 2 years, unless the defendant has failed to pay the
9 assessment required by Section 10.3 of the Cannabis Control
10 Act or Section 411.2 of the Illinois Controlled Substances
11 Act, in which case the court may extend supervision beyond 2
12 years. Additionally, the court shall order the defendant to
13 perform no less than 30 hours of community service and not
14 more than 120 hours of community service, if community
15 service is available in the jurisdiction and is funded and
16 approved by the county board where the offense was committed,
17 when the offense (1) was related to or in furtherance of the
18 criminal activities of an organized gang or was motivated by
19 the defendant's membership in or allegiance to an organized
20 gang; or (2) is a violation of any Section of Article 24 of
21 the Criminal Code of 1961 where a disposition of supervision
22 is not prohibited by Section 5-6-1 of this Code. The
23 community service shall include, but not be limited to, the
24 cleanup and repair of any damage caused by violation of
25 Section 21-1.3 of the Criminal Code of 1961 and similar
26 damages to property located within the municipality or county
27 in which the violation occurred. Where possible and
28 reasonable, the community service should be performed in the
29 offender's neighborhood.
30 For the purposes of this Section, "organized gang" has
31 the meaning ascribed to it in Section 10 of the Illinois
32 Streetgang Terrorism Omnibus Prevention Act.
33 (c) The court may in addition to other reasonable
34 conditions relating to the nature of the offense or the
-13- LRB9105537WHdv
1 rehabilitation of the defendant as determined for each
2 defendant in the proper discretion of the court require that
3 the person:
4 (1) make a report to and appear in person before or
5 participate with the court or such courts, person, or
6 social service agency as directed by the court in the
7 order of supervision;
8 (2) pay a fine and costs;
9 (3) work or pursue a course of study or vocational
10 training;
11 (4) undergo medical, psychological or psychiatric
12 treatment; or treatment for drug addiction or alcoholism;
13 (5) attend or reside in a facility established for
14 the instruction or residence of defendants on probation;
15 (6) support his dependents;
16 (7) refrain from possessing a firearm or other
17 dangerous weapon;
18 (8) and in addition, if a minor:
19 (i) reside with his parents or in a foster
20 home;
21 (ii) attend school;
22 (iii) attend a non-residential program for
23 youth;
24 (iv) contribute to his own support at home or
25 in a foster home; and
26 (9) make restitution or reparation in an amount not
27 to exceed actual loss or damage to property and pecuniary
28 loss or make restitution under Section 5-5-6 to a
29 domestic violence shelter. The court shall determine the
30 amount and conditions of payment;
31 (10) perform some reasonable public or community
32 service;
33 (11) comply with the terms and conditions of an
34 order of protection issued by the court pursuant to the
-14- LRB9105537WHdv
1 Illinois Domestic Violence Act of 1986. If the court has
2 ordered the defendant to make a report and appear in
3 person under paragraph (1) of this subsection, a copy of
4 the order of protection shall be transmitted to the
5 person or agency so designated by the court;
6 (12) reimburse any "local anti-crime program" as
7 defined in Section 7 of the Anti-Crime Advisory Council
8 Act for any reasonable expenses incurred by the program
9 on the offender's case, not to exceed the maximum amount
10 of the fine authorized for the offense for which the
11 defendant was sentenced;
12 (13) contribute a reasonable sum of money, not to
13 exceed the maximum amount of the fine authorized for the
14 offense for which the defendant was sentenced, to a
15 "local anti-crime program", as defined in Section 7 of
16 the Anti-Crime Advisory Council Act;
17 (14) refrain from entering into a designated
18 geographic area except upon such terms as the court finds
19 appropriate. Such terms may include consideration of the
20 purpose of the entry, the time of day, other persons
21 accompanying the defendant, and advance approval by a
22 probation officer;
23 (15) refrain from having any contact, directly or
24 indirectly, with certain specified persons or particular
25 types of person, including but not limited to members of
26 street gangs and drug users or dealers;
27 (16) refrain from having in his or her body the
28 presence of any illicit drug prohibited by the Cannabis
29 Control Act or the Illinois Controlled Substances Act,
30 unless prescribed by a physician, and submit samples of
31 his or her blood or urine or both for tests to determine
32 the presence of any illicit drug.
33 (d) The court shall defer entering any judgment on the
34 charges until the conclusion of the supervision.
-15- LRB9105537WHdv
1 (e) At the conclusion of the period of supervision, if
2 the court determines that the defendant has successfully
3 complied with all of the conditions of supervision, the court
4 shall discharge the defendant and enter a judgment dismissing
5 the charges.
6 (f) Discharge and dismissal upon a successful conclusion
7 of a disposition of supervision shall be deemed without
8 adjudication of guilt and shall not be termed a conviction
9 for purposes of disqualification or disabilities imposed by
10 law upon conviction of a crime. Two years after the
11 discharge and dismissal under this Section, unless the
12 disposition of supervision was for a violation of Sections
13 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
14 Vehicle Code or a similar provision of a local ordinance, or
15 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
16 Code of 1961, in which case it shall be 5 years after
17 discharge and dismissal, a person may have his or her record
18 of arrest sealed or expunged as may be provided by law.
19 However, any defendant placed on supervision before January
20 1, 1980, may move for sealing or expungement of his arrest
21 record, as provided by law, at any time after discharge and
22 dismissal under this Section. A person placed on supervision
23 for a sexual offense committed against a minor as defined in
24 subsection (g) of Section 5 of the Criminal Identification
25 Act or for a violation of Section 11-501 of the Illinois
26 Vehicle Code or a similar provision of a local ordinance
27 shall not have his or her record of arrest sealed or
28 expunged.
29 (g) A defendant placed on supervision and who during the
30 period of supervision undergoes mandatory drug or alcohol
31 testing, or both, or is assigned to be placed on an approved
32 electronic monitoring device, shall be ordered to pay the
33 costs incidental to such mandatory drug or alcohol testing,
34 or both, and costs incidental to such approved electronic
-16- LRB9105537WHdv
1 monitoring in accordance with the defendant's ability to pay
2 those costs. The county board with the concurrence of the
3 Chief Judge of the judicial circuit in which the county is
4 located shall establish reasonable fees for the cost of
5 maintenance, testing, and incidental expenses related to the
6 mandatory drug or alcohol testing, or both, and all costs
7 incidental to approved electronic monitoring, of all
8 defendants placed on supervision. The concurrence of the
9 Chief Judge shall be in the form of an administrative order.
10 The fees shall be collected by the clerk of the circuit
11 court. The clerk of the circuit court shall pay all moneys
12 collected from these fees to the county treasurer who shall
13 use the moneys collected to defray the costs of drug testing,
14 alcohol testing, and electronic monitoring. The county
15 treasurer shall deposit the fees collected in the county
16 working cash fund under Section 6-27001 or Section 6-29002 of
17 the Counties Code, as the case may be.
18 (h) A disposition of supervision is a final order for
19 the purposes of appeal.
20 (i) The court shall impose upon a defendant placed on
21 supervision after January 1, 1992, as a condition of
22 supervision, a fee of $25 for each month of supervision
23 ordered by the court, unless after determining the inability
24 of the person placed on supervision to pay the fee, the court
25 assesses a lesser fee. The court may not impose the fee on a
26 minor who is made a ward of the State under the Juvenile
27 Court Act of 1987 while the minor is in placement. The fee
28 shall be imposed only upon a defendant who is actively
29 supervised by the probation and court services department.
30 The fee shall be collected by the clerk of the circuit court.
31 The clerk of the circuit court shall pay all monies collected
32 from this fee to the county treasurer for deposit in the
33 probation and court services fund pursuant to Section 15.1 of
34 the Probation and Probation Officers Act.
-17- LRB9105537WHdv
1 (j) All fines and costs imposed under this Section for
2 any violation of Chapters 3, 4, 6, and 11 of the Illinois
3 Vehicle Code, or a similar provision of a local ordinance,
4 and any violation of the Child Passenger Protection Act, or a
5 similar provision of a local ordinance, shall be collected
6 and disbursed by the circuit clerk as provided under Section
7 27.5 of the Clerks of Courts Act.
8 (k) A defendant at least 17 years of age who is placed
9 on supervision for a misdemeanor in a county of 3,000,000 or
10 more inhabitants and who has not been previously convicted of
11 a misdemeanor or felony may as a condition of his or her
12 supervision be required by the court to attend educational
13 courses designed to prepare the defendant for a high school
14 diploma and to work toward a high school diploma or to work
15 toward passing the high school level Test of General
16 Educational Development (GED) or to work toward completing a
17 vocational training program approved by the court. The
18 defendant placed on supervision must attend a public
19 institution of education to obtain the educational or
20 vocational training required by this subsection (k). The
21 defendant placed on supervision shall be required to pay for
22 the cost of the educational courses or GED test, if a fee is
23 charged for those courses or test. The court shall revoke
24 the supervision of a person who wilfully fails to comply with
25 this subsection (k). The court shall resentence the
26 defendant upon revocation of supervision as provided in
27 Section 5-6-4. This subsection (k) does not apply to a
28 defendant who has a high school diploma or has successfully
29 passed the GED test. This subsection (k) does not apply to a
30 defendant who is determined by the court to be
31 developmentally disabled or otherwise mentally incapable of
32 completing the educational or vocational program.
33 (l) The court shall require a defendant placed on
34 supervision for possession of a substance prohibited by the
-18- LRB9105537WHdv
1 Cannabis Control Act or Illinois Controlled Substances Act
2 after a previous conviction or disposition of supervision for
3 possession of a substance prohibited by the Cannabis Control
4 Act or Illinois Controlled Substances Act or a sentence of
5 probation under Section 10 of the Cannabis Control Act or
6 Section 410 of the Illinois Controlled Substances Act and
7 after a finding by the court that the person is addicted, to
8 undergo treatment at a substance abuse program approved by
9 the court.
10 (m) The court shall require a defendant placed on
11 supervision for a violation of Section 3-707 of the Illinois
12 Vehicle Code or a similar provision of a local ordinance, as
13 a condition of supervision, to give proof of his or her
14 financial responsibility as defined in Section 7-315 of the
15 Illinois Vehicle Code. The proof shall be maintained by the
16 defendant in a manner satisfactory to the Secretary of State
17 for a minimum period of one year after the date the proof is
18 first filed. The Secretary of State shall suspend the
19 driver's license of any person determined by the Secretary to
20 be in violation of this subsection.
21 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
22 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
23 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
24 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 1-1-99.)