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92_HB0302ham001 LRB9204047RCcdam 1 AMENDMENT TO HOUSE BILL 302 2 AMENDMENT NO. . Amend House Bill 302 by replacing 3 everything after the enacting clause with with following: 4 "Section 5. The Criminal Identification Act is amended 5 by changing Section 5 as follows: 6 (20 ILCS 2630/5) (from Ch. 38, par. 206-5) 7 Sec. 5. Arrest reports; expungement. 8 (a) All policing bodies of this State shall furnish to 9 the Department, daily, in the form and detail the Department 10 requires, fingerprints and descriptions of all persons who 11 are arrested on charges of violating any penal statute of 12 this State for offenses that are classified as felonies and 13 Class A or B misdemeanors and of all minors of the age of 10 14 and over who have been arrested for an offense which would be 15 a felony if committed by an adult, and may forward such 16 fingerprints and descriptions for minors arrested for Class A 17 or B misdemeanors. Moving or nonmoving traffic violations 18 under the Illinois Vehicle Code shall not be reported except 19 for violations of Chapter 4, Section 11-204.1, or Section 20 11-501 of that Code. In addition, conservation offenses, as 21 defined in the Supreme Court Rule 501(c), that are classified 22 as Class B misdemeanors shall not be reported. -2- LRB9204047RCcdam 1 Whenever an adult or minor prosecuted as an adult, not 2 having previously been convicted of any criminal offense or 3 municipal ordinance violation, charged with a violation of a 4 municipal ordinance or a felony or misdemeanor, is acquitted 5 or released without being convicted, whether the acquittal or 6 release occurred before, on, or after the effective date of 7 this amendatory Act of 1991, the Chief Judge of the circuit 8 wherein the charge was brought, any judge of that circuit 9 designated by the Chief Judge, or in counties of less than 10 3,000,000 inhabitants, the presiding trial judge at the 11 defendant's trial may upon verified petition of the defendant 12 order the record of arrest expunged from the official records 13 of the arresting authority and the Department and order that 14 the records of the clerk of the circuit court be sealed until 15 further order of the court upon good cause shown and the name 16 of the defendant obliterated on the official index required 17 to be kept by the circuit court clerk under Section 16 of the 18 Clerks of Courts Act, but the order shall not affect any 19 index issued by the circuit court clerk before the entry of 20 the order. The Department may charge the petitioner a fee 21 equivalent to the cost of processing any order to expunge or 22 seal the records, and the fee shall be deposited into the 23 State Police Services Fund. The records of those arrests, 24 however, that result in a disposition of supervision for any 25 offense shall not be expunged from the records of the 26 arresting authority or the Department nor impounded by the 27 court until 2 years after discharge and dismissal of 28 supervision. Those records that result from a supervision 29 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or 30 11-503 of the Illinois Vehicle Code or a similar provision of 31 a local ordinance, or for a violation of Section 12-3.2, 32 12-15 or 16A-3 of the Criminal Code of 1961, or probation 33 under Section 10 of the Cannabis Control Act, Section 410 of 34 the Illinois Controlled Substances Act, Section 12-4.3(b)(1) -3- LRB9204047RCcdam 1 and (2) of the Criminal Code of 1961 (as those provisions 2 existed before their deletion by Public Act 89-313), Section 3 10-102 of the Illinois Alcoholism and Other Drug Dependency 4 Act when the judgment of conviction has been vacated, Section 5 40-10 of the Alcoholism and Other Drug Abuse and Dependency 6 Act when the judgment of conviction has been vacated, or 7 Section 10 of the Steroid Control Act shall not be expunged 8 from the records of the arresting authority nor impounded by 9 the court until 5 years after termination of probation or 10 supervision. Those records that result from a supervision 11 for a violation of Section 11-501 of the Illinois Vehicle 12 Code or a similar provision of a local ordinance, shall not 13 be expunged. All records set out above may be ordered by the 14 court to be expunged from the records of the arresting 15 authority and impounded by the court after 5 years, but shall 16 not be expunged by the Department, but shall, on court order 17 be sealed by the Department and may be disseminated by the 18 Department only as required by law or to the arresting 19 authority, the State's Attorney, and the court upon a later 20 arrest for the same or a similar offense or for the purpose 21 of sentencing for any subsequent felony. Upon conviction for 22 any offense, the Department of Corrections shall have access 23 to all sealed records of the Department pertaining to that 24 individual. 25 (a-5) Those records maintained by the Department for 26 persons arrested prior to their 17th birthday shall be 27 expunged as provided in Section 5-915 of the Juvenile Court 28 Act of 1987. 29 (b) Whenever a person has been convicted of a crime or 30 of the violation of a municipal ordinance, in the name of a 31 person whose identity he has stolen or otherwise come into 32 possession of, the aggrieved person from whom the identity 33 was stolen or otherwise obtained without authorization, upon 34 learning of the person having been arrested using his -4- LRB9204047RCcdam 1 identity, may, upon verified petition to the chief judge of 2 the circuit wherein the arrest was made, have a court order 3 entered nunc pro tunc by the chief judge to correct the 4 arrest record, conviction record, if any, and all official 5 records of the arresting authority, the Department, other 6 criminal justice agencies, the prosecutor, and the trial 7 court concerning such arrest, if any, by removing his name 8 from all such records in connection with the arrest and 9 conviction, if any, and by inserting in the records the name 10 of the offender, if known or ascertainable, in lieu of the 11 has name. The records of the clerk of the circuit court 12 clerk shall be sealed until further order of the court upon 13 good cause shown and the name of the aggrieved person 14 obliterated on the official index required to be kept by the 15 circuit court clerk under Section 16 of the Clerks of Courts 16 Act, but the order shall not affect any index issued by the 17 circuit court clerk before the entry of the order. Nothing in 18 this Section shall limit the Department of State Police or 19 other criminal justice agencies or prosecutors from listing 20 under an offender's name the false names he or she has used. 21 For purposes of this Section, convictions for moving and 22 nonmoving traffic violations other than convictions for 23 violations of Chapter 4, Section 11-204.1 or Section 11-501 24 of the Illinois Vehicle Code shall not be a bar to expunging 25 the record of arrest and court records for violation of a 26 misdemeanor or municipal ordinance. 27 (c) Whenever a person who has been convicted of an 28 offense is granted a pardon by the Governor which 29 specifically authorizes expungement, he may, upon verified 30 petition to the chief judge of the circuit where the person 31 had been convicted, any judge of the circuit designated by 32 the Chief Judge, or in counties of less than 3,000,000 33 inhabitants, the presiding trial judge at the defendant's 34 trial, may have a court order entered expunging the record of -5- LRB9204047RCcdam 1 arrest from the official records of the arresting authority 2 and order that the records of the clerk of the circuit court 3 and the Department be sealed until further order of the court 4 upon good cause shown or as otherwise provided herein, and 5 the name of the defendant obliterated from the official index 6 requested to be kept by the circuit court clerk under Section 7 16 of the Clerks of Courts Act in connection with the arrest 8 and conviction for the offense for which he had been pardoned 9 but the order shall not affect any index issued by the 10 circuit court clerk before the entry of the order. All 11 records sealed by the Department may be disseminated by the 12 Department only as required by law or to the arresting 13 authority, the State's Attorney, and the court upon a later 14 arrest for the same or similar offense or for the purpose of 15 sentencing for any subsequent felony. Upon conviction for 16 any subsequent offense, the Department of Corrections shall 17 have access to all sealed records of the Department 18 pertaining to that individual. Upon entry of the order of 19 expungement, the clerk of the circuit court shall promptly 20 mail a copy of the order to the person who was pardoned. 21 (c-5) Whenever a person has been convicted of criminal 22 sexual assault, aggravated criminal sexual assault, predatory 23 criminal sexual assault of a child, criminal sexual abuse, or 24 aggravated criminal sexual abuse, the victim of that offense 25 may request that the State's Attorney of the county in which 26 the conviction occurred file a verified petition with the 27 presiding trial judge at the defendant's trial to have a 28 court order entered to seal the records of the clerk of the 29 circuit court in connection with the proceedings of the trial 30 court concerning that offense. However, the records of the 31 arresting authority and the Department of State Police 32 concerning the offense shall not be sealed. The court, upon 33 good cause shown, shall make the records of the clerk of the 34 circuit court in connection with the proceedings of the trial -6- LRB9204047RCcdam 1 court concerning the offense available for public inspection. 2 (c-6) For employment application purposes only, whenever 3 a person has been convicted of a Class 4 felony, 24 months 4 after completion of the sentence, the chief judge of the 5 circuit where the person had been convicted, any judge of the 6 circuit designated by the Chief Judge, or in counties of less 7 than 3,000,000 inhabitants, the presiding trial judge at the 8 defendant's trial, shall enter a court order expunging the 9 record of arrest from the official records of the arresting 10 authority as to access to those records by employers and 11 prospective employers and order that the records of the clerk 12 of the circuit court and the Department be sealed from 13 employers or prospective employers. All records sealed by 14 the Department from employers and prospective employers may 15 be disseminated by the Department only as required by law or 16 to the arresting authority, the State's Attorney, and the 17 court. The Department of Corrections shall have access to 18 all sealed records of the Department pertaining to that 19 individual. Upon entry of the order of expungement, the clerk 20 of the circuit court shall promptly mail a copy of the order 21 to the person who was subject to the expungement. This 22 subsection (c-6) does not apply to the following offenses and 23 an employer or prospective employer may have access to 24 conviction information for these offenses: 25 (1) A violation of Section 11-501 of the Illinois 26 Vehicle Code or a similar provision of a local ordinance. 27 (2) A violation of Article 11 or Section 12-15 of 28 the Criminal Code of 1961 or any predecessor or successor 29 offenses that are similar to the offenses enumerated in 30 this paragraph (2). 31 (3) A violation of the Firearm Owners 32 Identification Card Act or Article 24 of the Criminal 33 Code of 1961. 34 (4) A crime of violence as defined in Section 2 of -7- LRB9204047RCcdam 1 the Crime Victims Compensation Act. 2 (d) Notice of the petition for subsections (a), (b), and 3 (c) shall be served upon the State's Attorney or prosecutor 4 charged with the duty of prosecuting the offense, the 5 Department of State Police, the arresting agency and the 6 chief legal officer of the unit of local government affecting 7 the arrest. Unless the State's Attorney or prosecutor, the 8 Department of State Police, the arresting agency or such 9 chief legal officer objects to the petition within 30 days 10 from the date of the notice, the court shall enter an order 11 granting or denying the petition. The clerk of the court 12 shall promptly mail a copy of the order to the person, the 13 arresting agency, the prosecutor, the Department of State 14 Police and such other criminal justice agencies as may be 15 ordered by the judge. 16 (e) Nothing herein shall prevent the Department of State 17 Police from maintaining all records of any person who is 18 admitted to probation upon terms and conditions and who 19 fulfills those terms and conditions pursuant to Section 10 of 20 the Cannabis Control Act, Section 410 of the Illinois 21 Controlled Substances Act, Section 12-4.3 of the Criminal 22 Code of 1961, Section 10-102 of the Illinois Alcoholism and 23 Other Drug Dependency Act, Section 40-10 of the Alcoholism 24 and Other Drug Abuse and Dependency Act, or Section 10 of the 25 Steroid Control Act. 26 (f) No court order issued pursuant to the expungement 27 provisions of this Section shall become final for purposes of 28 appeal until 30 days after notice is received by the 29 Department. Any court order contrary to the provisions of 30 this Section is void. 31 (g) Except as otherwise provided in subsection (c-5) of 32 this Section, the court shall not order the sealing or 33 expungement of the arrest records and records of the circuit 34 court clerk of any person granted supervision for or -8- LRB9204047RCcdam 1 convicted of any sexual offense committed against a minor 2 under 18 years of age. For the purposes of this Section, 3 "sexual offense committed against a minor" includes but is 4 not limited to the offenses of indecent solicitation of a 5 child or criminal sexual abuse when the victim of such 6 offense is under 18 years of age. 7 (Source: P.A. 90-590, eff. 1-1-00; 91-295, eff. 1-1-00; 8 91-357, eff. 7-29-99.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.".