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91_HB2717eng HB2717 Engrossed 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 HB2717 Engrossed -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 whichwhereinthe 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 HB2717 Engrossed -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 HB2717 Engrossed -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 HB2717 Engrossed -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'sStatesAttorney, 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 HB2717 Engrossed -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 HB2717 Engrossed -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 whichwhereinthe 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 HB2717 Engrossed -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 HB2717 Engrossed -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 HB2717 Engrossed -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'sStatesAttorney, 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 HB2717 Engrossed -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) HB2717 Engrossed -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 HB2717 Engrossed -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 HB2717 Engrossed -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. HB2717 Engrossed -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 HB2717 Engrossed -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. HB2717 Engrossed -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 HB2717 Engrossed -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.)