[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
[ House Amendment 001 ] |
92_HB0299 LRB9204049RCcd 1 AN ACT in relation to the expungement and sealing of 2 arrest and court records. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Identification Act is amended by 6 changing Section 5 as follows: 7 (20 ILCS 2630/5) (from Ch. 38, par. 206-5) 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 of the age of 10 15 and over who have been arrested for an offense which would be 16 a felony if committed by an adult, and may forward such 17 fingerprints and descriptions for minors arrested for Class A 18 or B misdemeanors. Moving or nonmoving traffic violations 19 under the Illinois Vehicle Code shall not be reported except 20 for violations of Chapter 4, Section 11-204.1, or Section 21 11-501 of that Code. In addition, conservation offenses, as 22 defined in the Supreme Court Rule 501(c), that are classified 23 as Class B misdemeanors shall not be reported. 24 Whenever an adult or minor prosecuted as an adult, not 25 having previously been convicted of any criminal offense or 26 municipal ordinance violation, charged with a violation of a 27 municipal ordinance or a felony or misdemeanor, is acquitted 28 or released without being convicted, whether the acquittal or 29 release occurred before, on, or after the effective date of 30 this amendatory Act of 1991, the Chief Judge of the circuit 31 wherein the charge was brought, any judge of that circuit -2- LRB9204049RCcd 1 designated by the Chief Judge, or in counties of less than 2 3,000,000 inhabitants, the presiding trial judge at the 3 defendant's trial may upon verified petition of the defendant 4 order the record of arrest expunged from the official records 5 of the arresting authority and the Department and order that 6 the records of the clerk of the circuit court be sealed until 7 further order of the court upon good cause shown and the name 8 of the defendant obliterated on the official index required 9 to be kept by the circuit court clerk under Section 16 of the 10 Clerks of Courts Act, but the order shall not affect any 11 index issued by the circuit court clerk before the entry of 12 the order. The Department may charge the petitioner a fee 13 equivalent to the cost of processing any order to expunge or 14 seal the records, and the fee shall be deposited into the 15 State Police Services Fund. The records of those arrests, 16 however, that result in a disposition of supervision for any 17 offense mustshall notbe expunged from the records of the 18 arresting authority or the Department andnorimpounded by 19 the court immediatelyuntil 2 yearsafter discharge and 20 terminationdismissalof supervision.Those records that21result from a supervision for a violation of Section 3-707,223-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code23or a similar provision of a local ordinance, or for a24violation of Section 12-3.2, 12-15 or 16A-3 of the Criminal25Code of 1961, or probation under Section 10 of the Cannabis26Control Act, Section 410 of the Illinois Controlled27Substances Act, Section 12-4.3(b)(1) and (2) of the Criminal28Code of 1961 (as those provisions existed before their29deletion by Public Act 89-313), Section 10-102 of the30Illinois Alcoholism and Other Drug Dependency Act when the31judgment of conviction has been vacated, Section 40-10 of the32Alcoholism and Other Drug Abuse and Dependency Act when the33judgment of conviction has been vacated, or Section 10 of the34Steroid Control Act shall not be expunged from the records of-3- LRB9204049RCcd 1the arresting authority nor impounded by the court until 52years after termination of probation or supervision.Those 3 records that result from a supervision for a violation of 4 Section 11-501 of the Illinois Vehicle Code or a similar 5 provision of a local ordinance, shall not be expunged. All 6 records set out above mustmaybe ordered by the court to be 7 expunged from the records of the arresting authority and 8 immediately impounded by the court andafter 5 years, but9shall not beexpunged by the Department and, but shall, on10court order besealed by the Department and may be 11 disseminated by the Department only as required by law or to 12 the arresting authority, the State's Attorney, and the court 13 upon a later arrest for the same or a similar offense or for 14 the purpose of sentencing for any subsequent felony. Upon 15 conviction for any offense, the Department of Corrections 16 shall have access to all sealed records of the Department 17 pertaining to that individual. 18 (a-5) Those records maintained by the Department for 19 persons arrested prior to their 17th birthday shall be 20 expunged as provided in Section 5-915 of the Juvenile Court 21 Act of 1987. 22 (b) Whenever a person has been convicted of a crime or 23 of the violation of a municipal ordinance, in the name of a 24 person whose identity he has stolen or otherwise come into 25 possession of, the aggrieved person from whom the identity 26 was stolen or otherwise obtained without authorization, upon 27 learning of the person having been arrested using his 28 identity, may, upon verified petition to the chief judge of 29 the circuit wherein the arrest was made, have a court order 30 entered nunc pro tunc by the chief judge to correct the 31 arrest record, conviction record, if any, and all official 32 records of the arresting authority, the Department, other 33 criminal justice agencies, the prosecutor, and the trial 34 court concerning such arrest, if any, by removing his name -4- LRB9204049RCcd 1 from all such records in connection with the arrest and 2 conviction, if any, and by inserting in the records the name 3 of the offender, if known or ascertainable, in lieu of the 4 has name. The records of the clerk of the circuit court 5 clerk shall be sealed until further order of the court upon 6 good cause shown and the name of the aggrieved person 7 obliterated on the official index required to be kept by the 8 circuit court clerk under Section 16 of the Clerks of Courts 9 Act, but the order shall not affect any index issued by the 10 circuit court clerk before the entry of the order. Nothing in 11 this Section shall limit the Department of State Police or 12 other criminal justice agencies or prosecutors from listing 13 under an offender's name the false names he or she has used. 14 For purposes of this Section, convictions for moving and 15 nonmoving traffic violations other than convictions for 16 violations of Chapter 4, Section 11-204.1 or Section 11-501 17 of the Illinois Vehicle Code shall not be a bar to expunging 18 the record of arrest and court records for violation of a 19 misdemeanor or municipal ordinance. 20 (c) Whenever a person who has been convicted of an 21 offense is granted a pardon by the Governor which 22 specifically authorizes expungement, he may, upon verified 23 petition to the chief judge of the circuit where the person 24 had been convicted, any judge of the circuit designated by 25 the Chief Judge, or in counties of less than 3,000,000 26 inhabitants, the presiding trial judge at the defendant's 27 trial, may have a court order entered expunging the record of 28 arrest from the official records of the arresting authority 29 and order that the records of the clerk of the circuit court 30 and the Department be sealed until further order of the court 31 upon good cause shown or as otherwise provided herein, and 32 the name of the defendant obliterated from the official index 33 requested to be kept by the circuit court clerk under Section 34 16 of the Clerks of Courts Act in connection with the arrest -5- LRB9204049RCcd 1 and conviction for the offense for which he had been pardoned 2 but the order shall not affect any index issued by the 3 circuit court clerk before the entry of the order. All 4 records sealed by the Department may be disseminated by the 5 Department only as required by law or to the arresting 6 authority, the State's Attorney, and the court upon a later 7 arrest for the same or similar offense or for the purpose of 8 sentencing for any subsequent felony. Upon conviction for 9 any subsequent offense, the Department of Corrections shall 10 have access to all sealed records of the Department 11 pertaining to that individual. Upon entry of the order of 12 expungement, the clerk of the circuit court shall promptly 13 mail a copy of the order to the person who was pardoned. 14 (c-5) Whenever a person has been convicted of criminal 15 sexual assault, aggravated criminal sexual assault, predatory 16 criminal sexual assault of a child, criminal sexual abuse, or 17 aggravated criminal sexual abuse, the victim of that offense 18 may request that the State's Attorney of the county in which 19 the conviction occurred file a verified petition with the 20 presiding trial judge at the defendant's trial to have a 21 court order entered to seal the records of the clerk of the 22 circuit court in connection with the proceedings of the trial 23 court concerning that offense. However, the records of the 24 arresting authority and the Department of State Police 25 concerning the offense shall not be sealed. The court, upon 26 good cause shown, shall make the records of the clerk of the 27 circuit court in connection with the proceedings of the trial 28 court concerning the offense available for public inspection. 29 (d) Notice of the order of expungement and sealing of 30 records in relation to supervision and a petition for 31petition forsubsections (a), (b), and (c) shall be served 32 upon the State's Attorney or prosecutor charged with the duty 33 of prosecuting the offense, the Department of State Police, 34 the arresting agency and the chief legal officer of the unit -6- LRB9204049RCcd 1 of local government affecting the arrest. Unless the State's 2 Attorney or prosecutor, the Department of State Police, the 3 arresting agency or such chief legal officer objects to the 4 petition within 30 days from the date of the notice, the 5 court shall enter an order granting or denying the petition. 6 The clerk of the court shall promptly mail a copy of the 7 order to the person, the arresting agency, the prosecutor, 8 the Department of State Police and such other criminal 9 justice agencies as may be ordered by the judge. 10 (e) Nothing herein shall prevent the Department of State 11 Police from maintaining all records of any person who is 12 admitted to probation upon terms and conditions and who 13 fulfills those terms and conditions pursuant to Section 10 of 14 the Cannabis Control Act, Section 410 of the Illinois 15 Controlled Substances Act, Section 12-4.3 of the Criminal 16 Code of 1961, Section 10-102 of the Illinois Alcoholism and 17 Other Drug Dependency Act, Section 40-10 of the Alcoholism 18 and Other Drug Abuse and Dependency Act, or Section 10 of the 19 Steroid Control Act. 20 (f) No court order issued pursuant to the expungement 21 provisions of this Section shall become final for purposes of 22 appeal until 30 days after notice is received by the 23 Department. Any court order contrary to the provisions of 24 this Section is void. 25 (g) Except as otherwise provided in subsection (c-5) of 26 this Section, the court shall not order the sealing or 27 expungement of the arrest records and records of the circuit 28 court clerk of any person granted supervision for or 29 convicted of any sexual offense committed against a minor 30 under 18 years of age. For the purposes of this Section, 31 "sexual offense committed against a minor" includes but is 32 not limited to the offenses of indecent solicitation of a 33 child or criminal sexual abuse when the victim of such 34 offense is under 18 years of age. -7- LRB9204049RCcd 1 (Source: P.A. 90-590, eff. 1-1-00; 91-295, eff. 1-1-00; 2 91-357, eff. 7-29-99.) 3 Section 10. The Unified Code of Corrections is amended 4 by changing Section 5-6-3.1 as follows: 5 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) 6 Sec. 5-6-3.1. Incidents and Conditions of Supervision. 7 (a) When a defendant is placed on supervision, the court 8 shall enter an order for supervision specifying the period of 9 such supervision, and shall defer further proceedings in the 10 case until the conclusion of the period. 11 (b) The period of supervision shall be reasonable under 12 all of the circumstances of the case, but may not be longer 13 than 2 years, unless the defendant has failed to pay the 14 assessment required by Section 10.3 of the Cannabis Control 15 Act or Section 411.2 of the Illinois Controlled Substances 16 Act, in which case the court may extend supervision beyond 2 17 years. Additionally, the court shall order the defendant to 18 perform no less than 30 hours of community service and not 19 more than 120 hours of community service, if community 20 service is available in the jurisdiction and is funded and 21 approved by the county board where the offense was committed, 22 when the offense (1) was related to or in furtherance of the 23 criminal activities of an organized gang or was motivated by 24 the defendant's membership in or allegiance to an organized 25 gang; or (2) is a violation of any Section of Article 24 of 26 the Criminal Code of 1961 where a disposition of supervision 27 is not prohibited by Section 5-6-1 of this Code. The 28 community service shall include, but not be limited to, the 29 cleanup and repair of any damage caused by violation of 30 Section 21-1.3 of the Criminal Code of 1961 and similar 31 damages to property located within the municipality or county 32 in which the violation occurred. Where possible and -8- LRB9204049RCcd 1 reasonable, the community service should be performed in the 2 offender's neighborhood. 3 For the purposes of this Section, "organized gang" has 4 the meaning ascribed to it in Section 10 of the Illinois 5 Streetgang Terrorism Omnibus Prevention Act. 6 (c) The court may in addition to other reasonable 7 conditions relating to the nature of the offense or the 8 rehabilitation of the defendant as determined for each 9 defendant in the proper discretion of the court require that 10 the person: 11 (1) make a report to and appear in person before or 12 participate with the court or such courts, person, or 13 social service agency as directed by the court in the 14 order of supervision; 15 (2) pay a fine and costs; 16 (3) work or pursue a course of study or vocational 17 training; 18 (4) undergo medical, psychological or psychiatric 19 treatment; or treatment for drug addiction or alcoholism; 20 (5) attend or reside in a facility established for 21 the instruction or residence of defendants on probation; 22 (6) support his dependents; 23 (7) refrain from possessing a firearm or other 24 dangerous weapon; 25 (8) and in addition, if a minor: 26 (i) reside with his parents or in a foster 27 home; 28 (ii) attend school; 29 (iii) attend a non-residential program for 30 youth; 31 (iv) contribute to his own support at home or 32 in a foster home; and 33 (9) make restitution or reparation in an amount not 34 to exceed actual loss or damage to property and pecuniary -9- LRB9204049RCcd 1 loss or make restitution under Section 5-5-6 to a 2 domestic violence shelter. The court shall determine the 3 amount and conditions of payment; 4 (10) perform some reasonable public or community 5 service; 6 (11) comply with the terms and conditions of an 7 order of protection issued by the court pursuant to the 8 Illinois Domestic Violence Act of 1986 or an order of 9 protection issued by the court of another state, tribe, 10 or United States territory. If the court has ordered the 11 defendant to make a report and appear in person under 12 paragraph (1) of this subsection, a copy of the order of 13 protection shall be transmitted to the person or agency 14 so designated by the court; 15 (12) reimburse any "local anti-crime program" as 16 defined in Section 7 of the Anti-Crime Advisory Council 17 Act for any reasonable expenses incurred by the program 18 on the offender's case, not to exceed the maximum amount 19 of the fine authorized for the offense for which the 20 defendant was sentenced; 21 (13) contribute a reasonable sum of money, not to 22 exceed the maximum amount of the fine authorized for the 23 offense for which the defendant was sentenced, to a 24 "local anti-crime program", as defined in Section 7 of 25 the Anti-Crime Advisory Council Act; 26 (14) refrain from entering into a designated 27 geographic area except upon such terms as the court finds 28 appropriate. Such terms may include consideration of the 29 purpose of the entry, the time of day, other persons 30 accompanying the defendant, and advance approval by a 31 probation officer; 32 (15) refrain from having any contact, directly or 33 indirectly, with certain specified persons or particular 34 types of person, including but not limited to members of -10- LRB9204049RCcd 1 street gangs and drug users or dealers; 2 (16) refrain from having in his or her body the 3 presence of any illicit drug prohibited by the Cannabis 4 Control Act or the Illinois Controlled Substances Act, 5 unless prescribed by a physician, and submit samples of 6 his or her blood or urine or both for tests to determine 7 the presence of any illicit drug; 8 (17) refrain from operating any motor vehicle not 9 equipped with an ignition interlock device as defined in 10 Section 1-129.1 of the Illinois Vehicle Code. Under this 11 condition the court may allow a defendant who is not 12 self-employed to operate a vehicle owned by the 13 defendant's employer that is not equipped with an 14 ignition interlock device in the course and scope of the 15 defendant's employment. 16 (d) The court shall defer entering any judgment on the 17 charges until the conclusion of the supervision. 18 (e) At the conclusion of the period of supervision, if 19 the court determines that the defendant has successfully 20 complied with all of the conditions of supervision, the court 21 shall discharge the defendant and enter a judgment dismissing 22 the charges. 23 (f) Discharge and dismissal upon a successful conclusion 24 of a disposition of supervision shall be deemed without 25 adjudication of guilt and shall not be termed a conviction 26 for purposes of disqualification or disabilities imposed by 27 law upon conviction of a crime. The expungement and sealing 28 of arrest and court records of a person who has successfully 29 concluded a disposition of supervision is governed by Section 30 5 of the Criminal Identification Act.Two years after the31discharge and dismissal under this Section, unless the32disposition of supervision was for a violation of Sections333-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois34Vehicle Code or a similar provision of a local ordinance, or-11- LRB9204049RCcd 1for a violation of Sections 12-3.2 or 16A-3 of the Criminal2Code of 1961, in which case it shall be 5 years after3discharge and dismissal, a person may have his record of4arrest sealed or expunged as may be provided by law.5However, any defendant placed on supervision before January61, 1980, may move for sealing or expungement of his arrest7record, as provided by law, at any time after discharge and8dismissal under this Section. A person placed on supervision9for a sexual offense committed against a minor as defined in10subsection (g) of Section 5 of the Criminal Identification11Act or for a violation of Section 11-501 of the Illinois12Vehicle Code or a similar provision of a local ordinance13shall not have his or her record of arrest sealed or14expunged.15 (g) A defendant placed on supervision and who during the 16 period of supervision undergoes mandatory drug or alcohol 17 testing, or both, or is assigned to be placed on an approved 18 electronic monitoring device, shall be ordered to pay the 19 costs incidental to such mandatory drug or alcohol testing, 20 or both, and costs incidental to such approved electronic 21 monitoring in accordance with the defendant's ability to pay 22 those costs. The county board with the concurrence of the 23 Chief Judge of the judicial circuit in which the county is 24 located shall establish reasonable fees for the cost of 25 maintenance, testing, and incidental expenses related to the 26 mandatory drug or alcohol testing, or both, and all costs 27 incidental to approved electronic monitoring, of all 28 defendants placed on supervision. The concurrence of the 29 Chief Judge shall be in the form of an administrative order. 30 The fees shall be collected by the clerk of the circuit 31 court. The clerk of the circuit court shall pay all moneys 32 collected from these fees to the county treasurer who shall 33 use the moneys collected to defray the costs of drug testing, 34 alcohol testing, and electronic monitoring. The county -12- LRB9204049RCcd 1 treasurer shall deposit the fees collected in the county 2 working cash fund under Section 6-27001 or Section 6-29002 of 3 the Counties Code, as the case may be. 4 (h) A disposition of supervision is a final order for 5 the purposes of appeal. 6 (i) The court shall impose upon a defendant placed on 7 supervision after January 1, 1992, as a condition of 8 supervision, a fee of $25 for each month of supervision 9 ordered by the court, unless after determining the inability 10 of the person placed on supervision to pay the fee, the court 11 assesses a lesser fee. The court may not impose the fee on a 12 minor who is made a ward of the State under the Juvenile 13 Court Act of 1987 while the minor is in placement. The fee 14 shall be imposed only upon a defendant who is actively 15 supervised by the probation and court services department. 16 The fee shall be collected by the clerk of the circuit court. 17 The clerk of the circuit court shall pay all monies collected 18 from this fee to the county treasurer for deposit in the 19 probation and court services fund pursuant to Section 15.1 of 20 the Probation and Probation Officers Act. 21 (j) All fines and costs imposed under this Section for 22 any violation of Chapters 3, 4, 6, and 11 of the Illinois 23 Vehicle Code, or a similar provision of a local ordinance, 24 and any violation of the Child Passenger Protection Act, or a 25 similar provision of a local ordinance, shall be collected 26 and disbursed by the circuit clerk as provided under Section 27 27.5 of the Clerks of Courts Act. 28 (k) A defendant at least 17 years of age who is placed 29 on supervision for a misdemeanor in a county of 3,000,000 or 30 more inhabitants and who has not been previously convicted of 31 a misdemeanor or felony may as a condition of his or her 32 supervision be required by the court to attend educational 33 courses designed to prepare the defendant for a high school 34 diploma and to work toward a high school diploma or to work -13- LRB9204049RCcd 1 toward passing the high school level Test of General 2 Educational Development (GED) or to work toward completing a 3 vocational training program approved by the court. The 4 defendant placed on supervision must attend a public 5 institution of education to obtain the educational or 6 vocational training required by this subsection (k). The 7 defendant placed on supervision shall be required to pay for 8 the cost of the educational courses or GED test, if a fee is 9 charged for those courses or test. The court shall revoke 10 the supervision of a person who wilfully fails to comply with 11 this subsection (k). The court shall resentence the 12 defendant upon revocation of supervision as provided in 13 Section 5-6-4. This subsection (k) does not apply to a 14 defendant who has a high school diploma or has successfully 15 passed the GED test. This subsection (k) does not apply to a 16 defendant who is determined by the court to be 17 developmentally disabled or otherwise mentally incapable of 18 completing the educational or vocational program. 19 (l) The court shall require a defendant placed on 20 supervision for possession of a substance prohibited by the 21 Cannabis Control Act or Illinois Controlled Substances Act 22 after a previous conviction or disposition of supervision for 23 possession of a substance prohibited by the Cannabis Control 24 Act or Illinois Controlled Substances Act or a sentence of 25 probation under Section 10 of the Cannabis Control Act or 26 Section 410 of the Illinois Controlled Substances Act and 27 after a finding by the court that the person is addicted, to 28 undergo treatment at a substance abuse program approved by 29 the court. 30 (m) The court shall require a defendant placed on 31 supervision for a violation of Section 3-707 of the Illinois 32 Vehicle Code or a similar provision of a local ordinance, as 33 a condition of supervision, to give proof of his or her 34 financial responsibility as defined in Section 7-315 of the -14- LRB9204049RCcd 1 Illinois Vehicle Code. The proof shall be maintained by the 2 defendant in a manner satisfactory to the Secretary of State 3 for a minimum period of one year after the date the proof is 4 first filed. The Secretary of State shall suspend the 5 driver's license of any person determined by the Secretary to 6 be in violation of this subsection. 7 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 8 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 9 1-1-99; 91-127, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903, 10 eff. 1-1-01.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.