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Public Act 102-0145 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Identification Act is amended by | ||||
changing Section 5.2 as follows:
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(20 ILCS 2630/5.2)
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Sec. 5.2. Expungement, sealing, and immediate sealing. | ||||
(a) General Provisions. | ||||
(1) Definitions. In this Act, words and phrases have
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the meanings set forth in this subsection, except when a
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particular context clearly requires a different meaning. | ||||
(A) The following terms shall have the meanings | ||||
ascribed to them in the Unified Code of Corrections, | ||||
730 ILCS 5/5-1-2 through 5/5-1-22: | ||||
(i) Business Offense (730 ILCS 5/5-1-2), | ||||
(ii) Charge (730 ILCS 5/5-1-3), | ||||
(iii) Court (730 ILCS 5/5-1-6), | ||||
(iv) Defendant (730 ILCS 5/5-1-7), | ||||
(v) Felony (730 ILCS 5/5-1-9), | ||||
(vi) Imprisonment (730 ILCS 5/5-1-10), | ||||
(vii) Judgment (730 ILCS 5/5-1-12), | ||||
(viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||
(ix) Offense (730 ILCS 5/5-1-15), |
(x) Parole (730 ILCS 5/5-1-16), | ||
(xi) Petty Offense (730 ILCS 5/5-1-17), | ||
(xii) Probation (730 ILCS 5/5-1-18), | ||
(xiii) Sentence (730 ILCS 5/5-1-19), | ||
(xiv) Supervision (730 ILCS 5/5-1-21), and | ||
(xv) Victim (730 ILCS 5/5-1-22). | ||
(B) As used in this Section, "charge not initiated | ||
by arrest" means a charge (as defined by 730 ILCS | ||
5/5-1-3) brought against a defendant where the | ||
defendant is not arrested prior to or as a direct | ||
result of the charge. | ||
(C) "Conviction" means a judgment of conviction or | ||
sentence entered upon a plea of guilty or upon a | ||
verdict or finding of guilty of an offense, rendered | ||
by a legally constituted jury or by a court of | ||
competent jurisdiction authorized to try the case | ||
without a jury. An order of supervision successfully | ||
completed by the petitioner is not a conviction. An | ||
order of qualified probation (as defined in subsection | ||
(a)(1)(J)) successfully completed by the petitioner is | ||
not a conviction. An order of supervision or an order | ||
of qualified probation that is terminated | ||
unsatisfactorily is a conviction, unless the | ||
unsatisfactory termination is reversed, vacated, or | ||
modified and the judgment of conviction, if any, is | ||
reversed or vacated. |
(D) "Criminal offense" means a petty offense, | ||
business offense, misdemeanor, felony, or municipal | ||
ordinance violation (as defined in subsection | ||
(a)(1)(H)). As used in this Section, a minor traffic | ||
offense (as defined in subsection (a)(1)(G)) shall not | ||
be considered a criminal offense. | ||
(E) "Expunge" means to physically destroy the | ||
records or return them to the petitioner and to | ||
obliterate the petitioner's name from any official | ||
index or public record, or both. Nothing in this Act | ||
shall require the physical destruction of the circuit | ||
court file, but such records relating to arrests or | ||
charges, or both, ordered expunged shall be impounded | ||
as required by subsections (d)(9)(A)(ii) and | ||
(d)(9)(B)(ii). | ||
(F) As used in this Section, "last sentence" means | ||
the sentence, order of supervision, or order of | ||
qualified probation (as defined by subsection | ||
(a)(1)(J)), for a criminal offense (as defined by | ||
subsection (a)(1)(D)) that terminates last in time in | ||
any jurisdiction, regardless of whether the petitioner | ||
has included the criminal offense for which the | ||
sentence or order of supervision or qualified | ||
probation was imposed in his or her petition. If | ||
multiple sentences, orders of supervision, or orders | ||
of qualified probation terminate on the same day and |
are last in time, they shall be collectively | ||
considered the "last sentence" regardless of whether | ||
they were ordered to run concurrently. | ||
(G) "Minor traffic offense" means a petty offense, | ||
business offense, or Class C misdemeanor under the | ||
Illinois Vehicle Code or a similar provision of a | ||
municipal or local ordinance. | ||
(G-5) "Minor Cannabis Offense" means a violation | ||
of Section 4 or 5 of the Cannabis Control Act | ||
concerning not more than 30 grams of any substance | ||
containing cannabis, provided the violation did not | ||
include a penalty enhancement under Section 7 of the | ||
Cannabis Control Act and is not associated with an | ||
arrest, conviction or other disposition for a violent | ||
crime as defined in subsection (c) of Section 3 of the | ||
Rights of Crime Victims and Witnesses Act. | ||
(H) "Municipal ordinance violation" means an | ||
offense defined by a municipal or local ordinance that | ||
is criminal in nature and with which the petitioner | ||
was charged or for which the petitioner was arrested | ||
and released without charging. | ||
(I) "Petitioner" means an adult or a minor | ||
prosecuted as an
adult who has applied for relief | ||
under this Section. | ||
(J) "Qualified probation" means an order of | ||
probation under Section 10 of the Cannabis Control |
Act, Section 410 of the Illinois Controlled Substances | ||
Act, Section 70 of the Methamphetamine Control and | ||
Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||
of the Unified Code of Corrections, Section | ||
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||
those provisions existed before their deletion by | ||
Public Act 89-313), Section 10-102 of the Illinois | ||
Alcoholism and Other Drug Dependency Act, Section | ||
40-10 of the Substance Use Disorder Act, or Section 10 | ||
of the Steroid Control Act. For the purpose of this | ||
Section, "successful completion" of an order of | ||
qualified probation under Section 10-102 of the | ||
Illinois Alcoholism and Other Drug Dependency Act and | ||
Section 40-10 of the Substance Use Disorder Act means | ||
that the probation was terminated satisfactorily and | ||
the judgment of conviction was vacated. | ||
(K) "Seal" means to physically and electronically | ||
maintain the records, unless the records would | ||
otherwise be destroyed due to age, but to make the | ||
records unavailable without a court order, subject to | ||
the exceptions in Sections 12 and 13 of this Act. The | ||
petitioner's name shall also be obliterated from the | ||
official index required to be kept by the circuit | ||
court clerk under Section 16 of the Clerks of Courts | ||
Act, but any index issued by the circuit court clerk | ||
before the entry of the order to seal shall not be |
affected. | ||
(L) "Sexual offense committed against a minor" | ||
includes, but is
not limited to, the offenses of | ||
indecent solicitation of a child
or criminal sexual | ||
abuse when the victim of such offense is
under 18 years | ||
of age. | ||
(M) "Terminate" as it relates to a sentence or | ||
order of supervision or qualified probation includes | ||
either satisfactory or unsatisfactory termination of | ||
the sentence, unless otherwise specified in this | ||
Section. A sentence is terminated notwithstanding any | ||
outstanding financial legal obligation. | ||
(2) Minor Traffic Offenses.
Orders of supervision or | ||
convictions for minor traffic offenses shall not affect a | ||
petitioner's eligibility to expunge or seal records | ||
pursuant to this Section. | ||
(2.5) Commencing 180 days after July 29, 2016 (the | ||
effective date of Public Act 99-697), the law enforcement | ||
agency issuing the citation shall automatically expunge, | ||
on or before January 1 and July 1 of each year, the law | ||
enforcement records of a person found to have committed a | ||
civil law violation of subsection (a) of Section 4 of the | ||
Cannabis Control Act or subsection (c) of Section 3.5 of | ||
the Drug Paraphernalia Control Act in the law enforcement | ||
agency's possession or control and which contains the | ||
final satisfactory disposition which pertain to the person |
issued a citation for that offense.
The law enforcement | ||
agency shall provide by rule the process for access, | ||
review, and to confirm the automatic expungement by the | ||
law enforcement agency issuing the citation.
Commencing | ||
180 days after July 29, 2016 (the effective date of Public | ||
Act 99-697), the clerk of the circuit court shall expunge, | ||
upon order of the court, or in the absence of a court order | ||
on or before January 1 and July 1 of each year, the court | ||
records of a person found in the circuit court to have | ||
committed a civil law violation of subsection (a) of | ||
Section 4 of the Cannabis Control Act or subsection (c) of | ||
Section 3.5 of the Drug Paraphernalia Control Act in the | ||
clerk's possession or control and which contains the final | ||
satisfactory disposition which pertain to the person | ||
issued a citation for any of those offenses. | ||
(3) Exclusions. Except as otherwise provided in | ||
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||
of this Section, the court shall not order: | ||
(A) the sealing or expungement of the records of | ||
arrests or charges not initiated by arrest that result | ||
in an order of supervision for or conviction of:
(i) | ||
any sexual offense committed against a
minor; (ii) | ||
Section 11-501 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance; or (iii) | ||
Section 11-503 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance, unless the |
arrest or charge is for a misdemeanor violation of | ||
subsection (a) of Section 11-503 or a similar | ||
provision of a local ordinance, that occurred prior to | ||
the offender reaching the age of 25 years and the | ||
offender has no other conviction for violating Section | ||
11-501 or 11-503 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance. | ||
(B) the sealing or expungement of records of minor | ||
traffic offenses (as defined in subsection (a)(1)(G)), | ||
unless the petitioner was arrested and released | ||
without charging. | ||
(C) the sealing of the records of arrests or | ||
charges not initiated by arrest which result in an | ||
order of supervision or a conviction for the following | ||
offenses: | ||
(i) offenses included in Article 11 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 | ||
or a similar provision of a local ordinance, | ||
except Section 11-14 and a misdemeanor violation | ||
of Section 11-30 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, or a similar provision | ||
of a local ordinance; | ||
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||
26-5, or 48-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or a similar provision of a | ||
local ordinance; |
(iii) Sections 12-3.1 or 12-3.2 of the | ||
Criminal Code of 1961 or the Criminal Code of | ||
2012, or Section 125 of the Stalking No Contact | ||
Order Act, or Section 219 of the Civil No Contact | ||
Order Act, or a similar provision of a local | ||
ordinance; | ||
(iv) Class A misdemeanors or felony offenses | ||
under the Humane Care for Animals Act; or | ||
(v) any offense or attempted offense that | ||
would subject a person to registration under the | ||
Sex Offender Registration Act. | ||
(D) (blank). | ||
(b) Expungement. | ||
(1) A petitioner may petition the circuit court to | ||
expunge the
records of his or her arrests and charges not | ||
initiated by arrest when each arrest or charge not | ||
initiated by arrest
sought to be expunged resulted in:
(i) | ||
acquittal, dismissal, or the petitioner's release without | ||
charging, unless excluded by subsection (a)(3)(B);
(ii) a | ||
conviction which was vacated or reversed, unless excluded | ||
by subsection (a)(3)(B);
(iii) an order of supervision and | ||
such supervision was successfully completed by the | ||
petitioner, unless excluded by subsection (a)(3)(A) or | ||
(a)(3)(B); or
(iv) an order of qualified probation (as | ||
defined in subsection (a)(1)(J)) and such probation was | ||
successfully completed by the petitioner. |
(1.5) When a petitioner seeks to have a record of | ||
arrest expunged under this Section, and the offender has | ||
been convicted of a criminal offense, the State's Attorney | ||
may object to the expungement on the grounds that the | ||
records contain specific relevant information aside from | ||
the mere fact of the arrest. | ||
(2) Time frame for filing a petition to expunge. | ||
(A) When the arrest or charge not initiated by | ||
arrest sought to be expunged resulted in an acquittal, | ||
dismissal, the petitioner's release without charging, | ||
or the reversal or vacation of a conviction, there is | ||
no waiting period to petition for the expungement of | ||
such records. | ||
(B) When the arrest or charge not initiated by | ||
arrest
sought to be expunged resulted in an order of | ||
supervision, successfully
completed by the petitioner, | ||
the following time frames will apply: | ||
(i) Those arrests or charges that resulted in | ||
orders of
supervision under Section 3-707, 3-708, | ||
3-710, or 5-401.3 of the Illinois Vehicle Code or | ||
a similar provision of a local ordinance, or under | ||
Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012, or a | ||
similar provision of a local ordinance, shall not | ||
be eligible for expungement until 5 years have | ||
passed following the satisfactory termination of |
the supervision. | ||
(i-5) Those arrests or charges that resulted | ||
in orders of supervision for a misdemeanor | ||
violation of subsection (a) of Section 11-503 of | ||
the Illinois Vehicle Code or a similar provision | ||
of a local ordinance, that occurred prior to the | ||
offender reaching the age of 25 years and the | ||
offender has no other conviction for violating | ||
Section 11-501 or 11-503 of the Illinois Vehicle | ||
Code or a similar provision of a local ordinance | ||
shall not be eligible for expungement until the | ||
petitioner has reached the age of 25 years. | ||
(ii) Those arrests or charges that resulted in | ||
orders
of supervision for any other offenses shall | ||
not be
eligible for expungement until 2 years have | ||
passed
following the satisfactory termination of | ||
the supervision. | ||
(C) When the arrest or charge not initiated by | ||
arrest sought to
be expunged resulted in an order of | ||
qualified probation, successfully
completed by the | ||
petitioner, such records shall not be eligible for
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expungement until 5 years have passed following the | ||
satisfactory
termination of the probation. | ||
(3) Those records maintained by the Department for
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persons arrested prior to their 17th birthday shall be
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expunged as provided in Section 5-915 of the Juvenile |
Court
Act of 1987. | ||
(4) Whenever a person has been arrested for or | ||
convicted of any
offense, in the name of a person whose | ||
identity he or she has stolen or otherwise
come into | ||
possession of, the aggrieved person from whom the identity
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was stolen or otherwise obtained without authorization,
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upon learning of the person having been arrested using his
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or her identity, may, upon verified petition to the chief | ||
judge of
the circuit wherein the arrest was made, have a | ||
court order
entered nunc pro tunc by the Chief Judge to | ||
correct the
arrest record, conviction record, if any, and | ||
all official
records of the arresting authority, the | ||
Department, other
criminal justice agencies, the | ||
prosecutor, and the trial
court concerning such arrest, if | ||
any, by removing his or her name
from all such records in | ||
connection with the arrest and
conviction, if any, and by | ||
inserting in the records the
name of the offender, if | ||
known or ascertainable, in lieu of
the aggrieved's name. | ||
The records of the circuit court clerk shall be sealed | ||
until further order of
the court upon good cause shown and | ||
the name of the
aggrieved person obliterated on the | ||
official index
required to be kept by the circuit court | ||
clerk under
Section 16 of the Clerks of Courts Act, but the | ||
order shall
not affect any index issued by the circuit | ||
court clerk
before the entry of the order. Nothing in this | ||
Section
shall limit the Department of State Police or |
other
criminal justice agencies or prosecutors from | ||
listing
under an offender's name the false names he or she | ||
has
used. | ||
(5) Whenever a person has been convicted of criminal
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sexual assault, aggravated criminal sexual assault,
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predatory criminal sexual assault of a child, criminal
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sexual abuse, or aggravated criminal sexual abuse, the
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victim of that offense may request that the State's
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Attorney of the county in which the conviction occurred
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file a verified petition with the presiding trial judge at
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the petitioner's trial to have a court order entered to | ||
seal
the records of the circuit court clerk in connection
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with the proceedings of the trial court concerning that
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offense. However, the records of the arresting authority
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and the Department of State Police concerning the offense
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shall not be sealed. The court, upon good cause shown,
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shall make the records of the circuit court clerk in
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connection with the proceedings of the trial court
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concerning the offense available for public inspection. | ||
(6) If a conviction has been set aside on direct | ||
review
or on collateral attack and the court determines by | ||
clear
and convincing evidence that the petitioner was | ||
factually
innocent of the charge, the court that finds the | ||
petitioner factually innocent of the charge shall enter an
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expungement order for the conviction for which the | ||
petitioner has been determined to be innocent as provided |
in subsection (b) of Section
5-5-4 of the Unified Code of | ||
Corrections. | ||
(7) Nothing in this Section shall prevent the | ||
Department of
State Police from maintaining all records of | ||
any person who
is admitted to probation upon terms and | ||
conditions and who
fulfills those terms and conditions | ||
pursuant to Section 10
of the Cannabis Control Act, | ||
Section 410 of the Illinois
Controlled Substances Act, | ||
Section 70 of the
Methamphetamine Control and Community | ||
Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified | ||
Code of Corrections, Section 12-4.3 or subdivision (b)(1) | ||
of Section 12-3.05 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, Section 10-102
of the Illinois | ||
Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||
the Substance Use Disorder Act, or Section 10 of the | ||
Steroid Control Act. | ||
(8) If the petitioner has been granted a certificate | ||
of innocence under Section 2-702 of the Code of Civil | ||
Procedure, the court that grants the certificate of | ||
innocence shall also enter an order expunging the | ||
conviction for which the petitioner has been determined to | ||
be innocent as provided in subsection (h) of Section 2-702 | ||
of the Code of Civil Procedure. | ||
(c) Sealing. | ||
(1) Applicability. Notwithstanding any other provision | ||
of this Act to the contrary, and cumulative with any |
rights to expungement of criminal records, this subsection | ||
authorizes the sealing of criminal records of adults and | ||
of minors prosecuted as adults. Subsection (g) of this | ||
Section provides for immediate sealing of certain records. | ||
(2) Eligible Records. The following records may be | ||
sealed: | ||
(A) All arrests resulting in release without | ||
charging; | ||
(B) Arrests or charges not initiated by arrest | ||
resulting in acquittal, dismissal, or conviction when | ||
the conviction was reversed or vacated, except as | ||
excluded by subsection (a)(3)(B); | ||
(C) Arrests or charges not initiated by arrest | ||
resulting in orders of supervision, including orders | ||
of supervision for municipal ordinance violations, | ||
successfully completed by the petitioner, unless | ||
excluded by subsection (a)(3); | ||
(D) Arrests or charges not initiated by arrest | ||
resulting in convictions, including convictions on | ||
municipal ordinance violations, unless excluded by | ||
subsection (a)(3); | ||
(E) Arrests or charges not initiated by arrest | ||
resulting in orders of first offender probation under | ||
Section 10 of the Cannabis Control Act, Section 410 of | ||
the Illinois Controlled Substances Act, Section 70 of | ||
the Methamphetamine Control and Community Protection |
Act, or Section 5-6-3.3 of the Unified Code of | ||
Corrections; and | ||
(F) Arrests or charges not initiated by arrest | ||
resulting in felony convictions unless otherwise | ||
excluded by subsection (a) paragraph (3) of this | ||
Section. | ||
(3) When Records Are Eligible to Be Sealed. Records | ||
identified as eligible under subsection (c)(2) may be | ||
sealed as follows: | ||
(A) Records identified as eligible under | ||
subsection (c)(2)(A) and (c)(2)(B) may be sealed at | ||
any time. | ||
(B) Except as otherwise provided in subparagraph | ||
(E) of this paragraph (3), records identified as | ||
eligible under subsection (c)(2)(C) may be sealed
2 | ||
years after the termination of petitioner's last | ||
sentence (as defined in subsection (a)(1)(F)). | ||
(C) Except as otherwise provided in subparagraph | ||
(E) of this paragraph (3), records identified as | ||
eligible under subsections (c)(2)(D), (c)(2)(E), and | ||
(c)(2)(F) may be sealed 3 years after the termination | ||
of the petitioner's last sentence (as defined in | ||
subsection (a)(1)(F)). Convictions requiring public | ||
registration under the Arsonist Registration Act, the | ||
Sex Offender Registration Act, or the Murderer and | ||
Violent Offender Against Youth Registration Act may |
not be sealed until the petitioner is no longer | ||
required to register under that relevant Act. | ||
(D) Records identified in subsection | ||
(a)(3)(A)(iii) may be sealed after the petitioner has | ||
reached the age of 25 years. | ||
(E) Records identified as eligible under | ||
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||
(c)(2)(F) may be sealed upon termination of the | ||
petitioner's last sentence if the petitioner earned a | ||
high school diploma, associate's degree, career | ||
certificate, vocational technical certification, or | ||
bachelor's degree, or passed the high school level | ||
Test of General Educational Development, during the | ||
period of his or her sentence or mandatory supervised | ||
release. This subparagraph shall apply only to a | ||
petitioner who has not completed the same educational | ||
goal prior to the period of his or her sentence or | ||
mandatory supervised release. If a petition for | ||
sealing eligible records filed under this subparagraph | ||
is denied by the court, the time periods under | ||
subparagraph (B) or (C) shall apply to any subsequent | ||
petition for sealing filed by the petitioner. | ||
(4) Subsequent felony convictions. A person may not | ||
have
subsequent felony conviction records sealed as | ||
provided in this subsection
(c) if he or she is convicted | ||
of any felony offense after the date of the
sealing of |
prior felony convictions as provided in this subsection | ||
(c). The court may, upon conviction for a subsequent | ||
felony offense, order the unsealing of prior felony | ||
conviction records previously ordered sealed by the court. | ||
(5) Notice of eligibility for sealing. Upon entry of a | ||
disposition for an eligible record under this subsection | ||
(c), the petitioner shall be informed by the court of the | ||
right to have the records sealed and the procedures for | ||
the sealing of the records. | ||
(d) Procedure. The following procedures apply to | ||
expungement under subsections (b), (e), and (e-6) and sealing | ||
under subsections (c) and (e-5): | ||
(1) Filing the petition. Upon becoming eligible to | ||
petition for
the expungement or sealing of records under | ||
this Section, the petitioner shall file a petition | ||
requesting the expungement
or sealing of records with the | ||
clerk of the court where the arrests occurred or the | ||
charges were brought, or both. If arrests occurred or | ||
charges were brought in multiple jurisdictions, a petition | ||
must be filed in each such jurisdiction. The petitioner | ||
shall pay the applicable fee, except no fee shall be | ||
required if the petitioner has obtained a court order | ||
waiving fees under Supreme Court Rule 298 or it is | ||
otherwise waived. | ||
(1.5) County fee waiver pilot program.
From August 9, | ||
2019 (the effective date of Public Act 101-306) through |
December 31, 2020, in a county of 3,000,000 or more | ||
inhabitants, no fee shall be required to be paid by a | ||
petitioner if the records sought to be expunged or sealed | ||
were arrests resulting in release without charging or | ||
arrests or charges not initiated by arrest resulting in | ||
acquittal, dismissal, or conviction when the conviction | ||
was reversed or vacated, unless excluded by subsection | ||
(a)(3)(B). The provisions of this paragraph (1.5), other | ||
than this sentence, are inoperative on and after January | ||
1, 2022. | ||
(2) Contents of petition. The petition shall be
| ||
verified and shall contain the petitioner's name, date of
| ||
birth, current address and, for each arrest or charge not | ||
initiated by
arrest sought to be sealed or expunged, the | ||
case number, the date of
arrest (if any), the identity of | ||
the arresting authority, and such
other information as the | ||
court may require. During the pendency
of the proceeding, | ||
the petitioner shall promptly notify the
circuit court | ||
clerk of any change of his or her address. If the | ||
petitioner has received a certificate of eligibility for | ||
sealing from the Prisoner Review Board under paragraph | ||
(10) of subsection (a) of Section 3-3-2 of the Unified | ||
Code of Corrections, the certificate shall be attached to | ||
the petition. | ||
(3) Drug test. The petitioner must attach to the | ||
petition proof that the petitioner has passed a test taken |
within 30 days before the filing of the petition showing | ||
the absence within his or her body of all illegal | ||
substances as defined by the Illinois Controlled | ||
Substances Act, the Methamphetamine Control and Community | ||
Protection Act, and the Cannabis Control Act if he or she | ||
is petitioning to: | ||
(A) seal felony records under clause (c)(2)(E); | ||
(B) seal felony records for a violation of the | ||
Illinois Controlled Substances Act, the | ||
Methamphetamine Control and Community Protection Act, | ||
or the Cannabis Control Act under clause (c)(2)(F); | ||
(C) seal felony records under subsection (e-5); or | ||
(D) expunge felony records of a qualified | ||
probation under clause (b)(1)(iv). | ||
(4) Service of petition. The circuit court clerk shall | ||
promptly
serve a copy of the petition and documentation to | ||
support the petition under subsection (e-5) or (e-6) on | ||
the State's Attorney or
prosecutor charged with the duty | ||
of prosecuting the
offense, the Department of State | ||
Police, the arresting
agency and the chief legal officer | ||
of the unit of local
government effecting the arrest. | ||
(5) Objections. | ||
(A) Any party entitled to notice of the petition | ||
may file an objection to the petition. All objections | ||
shall be in writing, shall be filed with the circuit | ||
court clerk, and shall state with specificity the |
basis of the objection. Whenever a person who has been | ||
convicted of an offense is granted
a pardon by the | ||
Governor which specifically authorizes expungement, an | ||
objection to the petition may not be filed. | ||
(B) Objections to a petition to expunge or seal | ||
must be filed within 60 days of the date of service of | ||
the petition. | ||
(6) Entry of order. | ||
(A) The Chief Judge of the circuit wherein the | ||
charge was brought, any judge of that circuit | ||
designated by the Chief Judge, or in counties of less | ||
than 3,000,000 inhabitants, the presiding trial judge | ||
at the petitioner's trial, if any, shall rule on the | ||
petition to expunge or seal as set forth in this | ||
subsection (d)(6). | ||
(B) Unless the State's Attorney or prosecutor, the | ||
Department of
State Police, the arresting agency, or | ||
the chief legal officer
files an objection to the | ||
petition to expunge or seal within 60 days from the | ||
date of service of the petition, the court shall enter | ||
an order granting or denying the petition. | ||
(C) Notwithstanding any other provision of law, | ||
the court shall not deny a petition for sealing under | ||
this Section because the petitioner has not satisfied | ||
an outstanding legal financial obligation established, | ||
imposed, or originated by a court, law enforcement |
agency, or a municipal, State, county, or other unit | ||
of local government, including, but not limited to, | ||
any cost, assessment, fine, or fee. An outstanding | ||
legal financial obligation does not include any court | ||
ordered restitution to a victim under Section 5-5-6 of | ||
the Unified Code of Corrections, unless the | ||
restitution has been converted to a civil judgment. | ||
Nothing in this subparagraph (C) waives, rescinds, or | ||
abrogates a legal financial obligation or otherwise | ||
eliminates or affects the right of the holder of any | ||
financial obligation to pursue collection under | ||
applicable federal, State, or local law. | ||
(7) Hearings. If an objection is filed, the court | ||
shall set a date for a hearing and notify the petitioner | ||
and all parties entitled to notice of the petition of the | ||
hearing date at least 30 days prior to the hearing. Prior | ||
to the hearing, the State's Attorney shall consult with | ||
the Department as to the appropriateness of the relief | ||
sought in the petition to expunge or seal. At the hearing, | ||
the court shall hear evidence on whether the petition | ||
should or should not be granted, and shall grant or deny | ||
the petition to expunge or seal the records based on the | ||
evidence presented at the hearing. The court may consider | ||
the following: | ||
(A) the strength of the evidence supporting the | ||
defendant's conviction; |
(B) the reasons for retention of the conviction | ||
records by the State; | ||
(C) the petitioner's age, criminal record history, | ||
and employment history; | ||
(D) the period of time between the petitioner's | ||
arrest on the charge resulting in the conviction and | ||
the filing of the petition under this Section; and | ||
(E) the specific adverse consequences the | ||
petitioner may be subject to if the petition is | ||
denied. | ||
(8) Service of order. After entering an order to | ||
expunge or
seal records, the court must provide copies of | ||
the order to the
Department, in a form and manner | ||
prescribed by the Department,
to the petitioner, to the | ||
State's Attorney or prosecutor
charged with the duty of | ||
prosecuting the offense, to the
arresting agency, to the | ||
chief legal officer of the unit of
local government | ||
effecting the arrest, and to such other
criminal justice | ||
agencies as may be ordered by the court. | ||
(9) Implementation of order. | ||
(A) Upon entry of an order to expunge records | ||
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency, | ||
the Department, and any other agency as ordered by | ||
the court, within 60 days of the date of service of |
the order, unless a motion to vacate, modify, or | ||
reconsider the order is filed pursuant to | ||
paragraph (12) of subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the | ||
court upon good cause shown and the name of the | ||
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the | ||
circuit court clerk before the entry of the order; | ||
and | ||
(iii) in response to an inquiry for expunged | ||
records, the court, the Department, or the agency | ||
receiving such inquiry, shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(B) Upon entry of an order to expunge records | ||
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency | ||
and any other agency as ordered by the court, | ||
within 60 days of the date of service of the order, | ||
unless a motion to vacate, modify, or reconsider | ||
the order is filed pursuant to paragraph (12) of | ||
subsection (d) of this Section; |
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the | ||
court upon good cause shown and the name of the | ||
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the | ||
circuit court clerk before the entry of the order; | ||
(iii) the records shall be impounded by the
| ||
Department within 60 days of the date of service | ||
of the order as ordered by the court, unless a | ||
motion to vacate, modify, or reconsider the order | ||
is filed pursuant to paragraph (12) of subsection | ||
(d) of this Section; | ||
(iv) records impounded by the Department may | ||
be disseminated by the Department only as required | ||
by law or to the arresting authority, the State's | ||
Attorney, and the court upon a later arrest for | ||
the same or a similar offense or for the purpose of | ||
sentencing for any subsequent felony, and to the | ||
Department of Corrections upon conviction for any | ||
offense; and | ||
(v) in response to an inquiry for such records | ||
from anyone not authorized by law to access such | ||
records, the court, the Department, or the agency | ||
receiving such inquiry shall reply as it does in |
response to inquiries when no records ever | ||
existed. | ||
(B-5) Upon entry of an order to expunge records | ||
under subsection (e-6): | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency | ||
and any other agency as ordered by the court, | ||
within 60 days of the date of service of the order, | ||
unless a motion to vacate, modify, or reconsider | ||
the order is filed under paragraph (12) of | ||
subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the | ||
court upon good cause shown and the name of the | ||
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the | ||
circuit court clerk before the entry of the order; | ||
(iii) the records shall be impounded by the
| ||
Department within 60 days of the date of service | ||
of the order as ordered by the court, unless a | ||
motion to vacate, modify, or reconsider the order | ||
is filed under paragraph (12) of subsection (d) of | ||
this Section; | ||
(iv) records impounded by the Department may |
be disseminated by the Department only as required | ||
by law or to the arresting authority, the State's | ||
Attorney, and the court upon a later arrest for | ||
the same or a similar offense or for the purpose of | ||
sentencing for any subsequent felony, and to the | ||
Department of Corrections upon conviction for any | ||
offense; and | ||
(v) in response to an inquiry for these | ||
records from anyone not authorized by law to | ||
access the records, the court, the Department, or | ||
the agency receiving the inquiry shall reply as it | ||
does in response to inquiries when no records ever | ||
existed. | ||
(C) Upon entry of an order to seal records under | ||
subsection
(c), the arresting agency, any other agency | ||
as ordered by the court, the Department, and the court | ||
shall seal the records (as defined in subsection | ||
(a)(1)(K)). In response to an inquiry for such | ||
records, from anyone not authorized by law to access | ||
such records, the court, the Department, or the agency | ||
receiving such inquiry shall reply as it does in | ||
response to inquiries when no records ever existed. | ||
(D) The Department shall send written notice to | ||
the petitioner of its compliance with each order to | ||
expunge or seal records within 60 days of the date of | ||
service of that order or, if a motion to vacate, |
modify, or reconsider is filed, within 60 days of | ||
service of the order resolving the motion, if that | ||
order requires the Department to expunge or seal | ||
records. In the event of an appeal from the circuit | ||
court order, the Department shall send written notice | ||
to the petitioner of its compliance with an Appellate | ||
Court or Supreme Court judgment to expunge or seal | ||
records within 60 days of the issuance of the court's | ||
mandate. The notice is not required while any motion | ||
to vacate, modify, or reconsider, or any appeal or | ||
petition for discretionary appellate review, is | ||
pending. | ||
(E) Upon motion, the court may order that a sealed | ||
judgment or other court record necessary to | ||
demonstrate the amount of any legal financial | ||
obligation due and owing be made available for the | ||
limited purpose of collecting any legal financial | ||
obligations owed by the petitioner that were | ||
established, imposed, or originated in the criminal | ||
proceeding for which those records have been sealed. | ||
The records made available under this subparagraph (E) | ||
shall not be entered into the official index required | ||
to be kept by the circuit court clerk under Section 16 | ||
of the Clerks of Courts Act and shall be immediately | ||
re-impounded upon the collection of the outstanding | ||
financial obligations. |
(F) Notwithstanding any other provision of this | ||
Section, a circuit court clerk may access a sealed | ||
record for the limited purpose of collecting payment | ||
for any legal financial obligations that were | ||
established, imposed, or originated in the criminal | ||
proceedings for which those records have been sealed. | ||
(10) Fees. The Department may charge the petitioner a | ||
fee equivalent to the cost of processing any order to | ||
expunge or seal records. Notwithstanding any provision of | ||
the Clerks of Courts Act to the contrary, the circuit | ||
court clerk may charge a fee equivalent to the cost | ||
associated with the sealing or expungement of records by | ||
the circuit court clerk. From the total filing fee | ||
collected for the petition to seal or expunge, the circuit | ||
court clerk shall deposit $10 into the Circuit Court Clerk | ||
Operation and Administrative Fund, to be used to offset | ||
the costs incurred by the circuit court clerk in | ||
performing the additional duties required to serve the | ||
petition to seal or expunge on all parties. The circuit | ||
court clerk shall collect and remit forward the Department | ||
of State Police portion of the fee to the State Treasurer | ||
Department and it shall be deposited in the State Police | ||
Services Fund. If the record brought under an expungement | ||
petition was previously sealed under this Section, the fee | ||
for the expungement petition for that same record shall be | ||
waived. |
(11) Final Order. No court order issued under the | ||
expungement or sealing provisions of this Section shall | ||
become final for purposes of appeal until 30 days after | ||
service of the order on the petitioner and all parties | ||
entitled to notice of the petition. | ||
(12) Motion to Vacate, Modify, or Reconsider. Under | ||
Section 2-1203 of the Code of Civil Procedure, the | ||
petitioner or any party entitled to notice may file a | ||
motion to vacate, modify, or reconsider the order granting | ||
or denying the petition to expunge or seal within 60 days | ||
of service of the order. If filed more than 60 days after | ||
service of the order, a petition to vacate, modify, or | ||
reconsider shall comply with subsection (c) of Section | ||
2-1401 of the Code of Civil Procedure. Upon filing of a | ||
motion to vacate, modify, or reconsider, notice of the | ||
motion shall be served upon the petitioner and all parties | ||
entitled to notice of the petition. | ||
(13) Effect of Order. An order granting a petition | ||
under the expungement or sealing provisions of this | ||
Section shall not be considered void because it fails to | ||
comply with the provisions of this Section or because of | ||
any error asserted in a motion to vacate, modify, or | ||
reconsider. The circuit court retains jurisdiction to | ||
determine whether the order is voidable and to vacate, | ||
modify, or reconsider its terms based on a motion filed | ||
under paragraph (12) of this subsection (d). |
(14) Compliance with Order Granting Petition to Seal | ||
Records. Unless a court has entered a stay of an order | ||
granting a petition to seal, all parties entitled to | ||
notice of the petition must fully comply with the terms of | ||
the order within 60 days of service of the order even if a | ||
party is seeking relief from the order through a motion | ||
filed under paragraph (12) of this subsection (d) or is | ||
appealing the order. | ||
(15) Compliance with Order Granting Petition to | ||
Expunge Records. While a party is seeking relief from the | ||
order granting the petition to expunge through a motion | ||
filed under paragraph (12) of this subsection (d) or is | ||
appealing the order, and unless a court has entered a stay | ||
of that order, the parties entitled to notice of the | ||
petition must seal, but need not expunge, the records | ||
until there is a final order on the motion for relief or, | ||
in the case of an appeal, the issuance of that court's | ||
mandate. | ||
(16) The changes to this subsection (d) made by Public | ||
Act 98-163 apply to all petitions pending on August 5, | ||
2013 (the effective date of Public Act 98-163) and to all | ||
orders ruling on a petition to expunge or seal on or after | ||
August 5, 2013 (the effective date of Public Act 98-163). | ||
(e) Whenever a person who has been convicted of an offense | ||
is granted
a pardon by the Governor which specifically | ||
authorizes expungement, he or she may,
upon verified petition |
to the Chief Judge of the circuit where the person had
been | ||
convicted, any judge of the circuit designated by the Chief | ||
Judge, or in
counties of less than 3,000,000 inhabitants, the | ||
presiding trial judge at the
defendant's trial, have a court | ||
order entered expunging the record of
arrest from the official | ||
records of the arresting authority and order that the
records | ||
of the circuit court clerk and the Department be sealed until
| ||
further order of the court upon good cause shown or as | ||
otherwise provided
herein, and the name of the defendant | ||
obliterated from the official index
requested to be kept by | ||
the circuit court clerk under Section 16 of the Clerks
of | ||
Courts Act in connection with the arrest and conviction for | ||
the offense for
which he or she had been pardoned but the order | ||
shall not affect any index issued by
the circuit court clerk | ||
before the entry of the order. All records sealed by
the | ||
Department may be disseminated by the Department only to the | ||
arresting authority, the State's Attorney, and the court upon | ||
a later
arrest for the same or similar offense or for the | ||
purpose of sentencing for any
subsequent felony. Upon | ||
conviction for any subsequent offense, the Department
of | ||
Corrections shall have access to all sealed records of the | ||
Department
pertaining to that individual. Upon entry of the | ||
order of expungement, the
circuit court clerk shall promptly | ||
mail a copy of the order to the
person who was pardoned. | ||
(e-5) Whenever a person who has been convicted of an | ||
offense is granted a certificate of eligibility for sealing by |
the Prisoner Review Board which specifically authorizes | ||
sealing, he or she may, upon verified petition to the Chief | ||
Judge of the circuit where the person had been convicted, any | ||
judge of the circuit designated by the Chief Judge, or in | ||
counties of less than 3,000,000 inhabitants, the presiding | ||
trial judge at the petitioner's trial, have a court order | ||
entered sealing the record of arrest from the official records | ||
of the arresting authority and order that the records of the | ||
circuit court clerk and the Department be sealed until further | ||
order of the court upon good cause shown or as otherwise | ||
provided herein, and the name of the petitioner obliterated | ||
from the official index requested to be kept by the circuit | ||
court clerk under Section 16 of the Clerks of Courts Act in | ||
connection with the arrest and conviction for the offense for | ||
which he or she had been granted the certificate but the order | ||
shall not affect any index issued by the circuit court clerk | ||
before the entry of the order. All records sealed by the | ||
Department may be disseminated by the Department only as | ||
required by this Act or to the arresting authority, a law | ||
enforcement agency, the State's Attorney, and the court upon a | ||
later arrest for the same or similar offense or for the purpose | ||
of sentencing for any subsequent felony. Upon conviction for | ||
any subsequent offense, the Department of Corrections shall | ||
have access to all sealed records of the Department pertaining | ||
to that individual. Upon entry of the order of sealing, the | ||
circuit court clerk shall promptly mail a copy of the order to |
the person who was granted the certificate of eligibility for | ||
sealing. | ||
(e-6) Whenever a person who has been convicted of an | ||
offense is granted a certificate of eligibility for | ||
expungement by the Prisoner Review Board which specifically | ||
authorizes expungement, he or she may, upon verified petition | ||
to the Chief Judge of the circuit where the person had been | ||
convicted, any judge of the circuit designated by the Chief | ||
Judge, or in counties of less than 3,000,000 inhabitants, the | ||
presiding trial judge at the petitioner's trial, have a court | ||
order entered expunging the record of arrest from the official | ||
records of the arresting authority and order that the records | ||
of the circuit court clerk and the Department be sealed until | ||
further order of the court upon good cause shown or as | ||
otherwise provided herein, and the name of the petitioner | ||
obliterated from the official index requested to be kept by | ||
the circuit court clerk under Section 16 of the Clerks of | ||
Courts Act in connection with the arrest and conviction for | ||
the offense for which he or she had been granted the | ||
certificate but the order shall not affect any index issued by | ||
the circuit court clerk before the entry of the order. All | ||
records sealed by the Department may be disseminated by the | ||
Department only as required by this Act or to the arresting | ||
authority, a law enforcement agency, the State's Attorney, and | ||
the court upon a later arrest for the same or similar offense | ||
or for the purpose of sentencing for any subsequent felony. |
Upon conviction for any subsequent offense, the Department of | ||
Corrections shall have access to all expunged records of the | ||
Department pertaining to that individual. Upon entry of the | ||
order of expungement, the circuit court clerk shall promptly | ||
mail a copy of the order to the person who was granted the | ||
certificate of eligibility for expungement. | ||
(f) Subject to available funding, the Illinois Department
| ||
of Corrections shall conduct a study of the impact of sealing,
| ||
especially on employment and recidivism rates, utilizing a
| ||
random sample of those who apply for the sealing of their
| ||
criminal records under Public Act 93-211. At the request of | ||
the
Illinois Department of Corrections, records of the | ||
Illinois
Department of Employment Security shall be utilized | ||
as
appropriate to assist in the study. The study shall not
| ||
disclose any data in a manner that would allow the
| ||
identification of any particular individual or employing unit.
| ||
The study shall be made available to the General Assembly no
| ||
later than September 1, 2010.
| ||
(g) Immediate Sealing. | ||
(1) Applicability. Notwithstanding any other provision | ||
of this Act to the contrary, and cumulative with any | ||
rights to expungement or sealing of criminal records, this | ||
subsection authorizes the immediate sealing of criminal | ||
records of adults and of minors prosecuted as adults. | ||
(2) Eligible Records. Arrests or charges not initiated | ||
by arrest resulting in acquittal or dismissal with |
prejudice, except as excluded by subsection (a)(3)(B), | ||
that occur on or after January 1, 2018 (the effective date | ||
of Public Act 100-282), may be sealed immediately if the | ||
petition is filed with the circuit court clerk on the same | ||
day and during the same hearing in which the case is | ||
disposed. | ||
(3) When Records are Eligible to be Immediately | ||
Sealed. Eligible records under paragraph (2) of this | ||
subsection (g) may be sealed immediately after entry of | ||
the final disposition of a case, notwithstanding the | ||
disposition of other charges in the same case. | ||
(4) Notice of Eligibility for Immediate Sealing. Upon | ||
entry of a disposition for an eligible record under this | ||
subsection (g), the defendant shall be informed by the | ||
court of his or her right to have eligible records | ||
immediately sealed and the procedure for the immediate | ||
sealing of these records. | ||
(5) Procedure. The following procedures apply to | ||
immediate sealing under this subsection (g). | ||
(A) Filing the Petition. Upon entry of the final | ||
disposition of the case, the defendant's attorney may | ||
immediately petition the court, on behalf of the | ||
defendant, for immediate sealing of eligible records | ||
under paragraph (2) of this subsection (g) that are | ||
entered on or after January 1, 2018 (the effective | ||
date of Public Act 100-282). The immediate sealing |
petition may be filed with the circuit court clerk | ||
during the hearing in which the final disposition of | ||
the case is entered. If the defendant's attorney does | ||
not file the petition for immediate sealing during the | ||
hearing, the defendant may file a petition for sealing | ||
at any time as authorized under subsection (c)(3)(A). | ||
(B) Contents of Petition. The immediate sealing | ||
petition shall be verified and shall contain the | ||
petitioner's name, date of birth, current address, and | ||
for each eligible record, the case number, the date of | ||
arrest if applicable, the identity of the arresting | ||
authority if applicable, and other information as the | ||
court may require. | ||
(C) Drug Test. The petitioner shall not be | ||
required to attach proof that he or she has passed a | ||
drug test. | ||
(D) Service of Petition. A copy of the petition | ||
shall be served on the State's Attorney in open court. | ||
The petitioner shall not be required to serve a copy of | ||
the petition on any other agency. | ||
(E) Entry of Order. The presiding trial judge | ||
shall enter an order granting or denying the petition | ||
for immediate sealing during the hearing in which it | ||
is filed. Petitions for immediate sealing shall be | ||
ruled on in the same hearing in which the final | ||
disposition of the case is entered. |
(F) Hearings. The court shall hear the petition | ||
for immediate sealing on the same day and during the | ||
same hearing in which the disposition is rendered. | ||
(G) Service of Order. An order to immediately seal | ||
eligible records shall be served in conformance with | ||
subsection (d)(8). | ||
(H) Implementation of Order. An order to | ||
immediately seal records shall be implemented in | ||
conformance with subsections (d)(9)(C) and (d)(9)(D). | ||
(I) Fees. The fee imposed by the circuit court | ||
clerk and the Department of State Police shall comply | ||
with paragraph (1) of subsection (d) of this Section. | ||
(J) Final Order. No court order issued under this | ||
subsection (g) shall become final for purposes of | ||
appeal until 30 days after service of the order on the | ||
petitioner and all parties entitled to service of the | ||
order in conformance with subsection (d)(8). | ||
(K) Motion to Vacate, Modify, or Reconsider. Under | ||
Section 2-1203 of the Code of Civil Procedure, the | ||
petitioner, State's Attorney, or the Department of | ||
State Police may file a motion to vacate, modify, or | ||
reconsider the order denying the petition to | ||
immediately seal within 60 days of service of the | ||
order. If filed more than 60 days after service of the | ||
order, a petition to vacate, modify, or reconsider | ||
shall comply with subsection (c) of Section 2-1401 of |
the Code of Civil Procedure. | ||
(L) Effect of Order. An order granting an | ||
immediate sealing petition shall not be considered | ||
void because it fails to comply with the provisions of | ||
this Section or because of an error asserted in a | ||
motion to vacate, modify, or reconsider. The circuit | ||
court retains jurisdiction to determine whether the | ||
order is voidable, and to vacate, modify, or | ||
reconsider its terms based on a motion filed under | ||
subparagraph (L) of this subsection (g). | ||
(M) Compliance with Order Granting Petition to | ||
Seal Records. Unless a court has entered a stay of an | ||
order granting a petition to immediately seal, all | ||
parties entitled to service of the order must fully | ||
comply with the terms of the order within 60 days of | ||
service of the order. | ||
(h) Sealing; trafficking victims. | ||
(1) A trafficking victim as defined by paragraph (10) | ||
of subsection (a) of Section 10-9 of the Criminal Code of | ||
2012 shall be eligible to petition for immediate sealing | ||
of his or her criminal record upon the completion of his or | ||
her last sentence if his or her participation in the | ||
underlying offense was a direct result of human | ||
trafficking under Section 10-9 of the Criminal Code of | ||
2012 or a severe form of trafficking under the federal | ||
Trafficking Victims Protection Act. |
(2) A petitioner under this subsection (h), in | ||
addition to the requirements provided under paragraph (4) | ||
of subsection (d) of this Section, shall include in his or | ||
her petition a clear and concise statement that: (A) he or | ||
she was a victim of human trafficking at the time of the | ||
offense; and (B) that his or her participation in the | ||
offense was a direct result of human trafficking under | ||
Section 10-9 of the Criminal Code of 2012 or a severe form | ||
of trafficking under the federal Trafficking Victims | ||
Protection Act. | ||
(3) If an objection is filed alleging that the | ||
petitioner is not entitled to immediate sealing under this | ||
subsection (h), the court shall conduct a hearing under | ||
paragraph (7) of subsection (d) of this Section and the | ||
court shall determine whether the petitioner is entitled | ||
to immediate sealing under this subsection (h). A | ||
petitioner is eligible for immediate relief under this | ||
subsection (h) if he or she shows, by a preponderance of | ||
the evidence, that: (A) he or she was a victim of human | ||
trafficking at the time of the offense; and (B) that his or | ||
her participation in the offense was a direct result of | ||
human trafficking under Section 10-9 of the Criminal Code | ||
of 2012 or a severe form of trafficking under the federal | ||
Trafficking Victims Protection Act. | ||
(i) Minor Cannabis Offenses under the Cannabis Control | ||
Act. |
(1) Expungement of Arrest Records of Minor Cannabis | ||
Offenses. | ||
(A) The Department of State Police and all law | ||
enforcement agencies within the State shall | ||
automatically expunge all criminal history records of | ||
an arrest, charge not initiated by arrest, order of | ||
supervision, or order of qualified probation for a | ||
Minor Cannabis Offense committed prior to June 25, | ||
2019 (the effective date of Public Act 101-27) if: | ||
(i) One year or more has elapsed since the | ||
date of the arrest or law enforcement interaction | ||
documented in the records; and | ||
(ii) No criminal charges were filed relating | ||
to the arrest or law enforcement interaction or | ||
criminal charges were filed and subsequently | ||
dismissed or vacated or the arrestee was | ||
acquitted. | ||
(B) If the law enforcement agency is unable to | ||
verify satisfaction of condition (ii) in paragraph | ||
(A), records that satisfy condition (i) in paragraph | ||
(A) shall be automatically expunged. | ||
(C) Records shall be expunged by the law | ||
enforcement agency under the following timelines: | ||
(i) Records created prior to June 25, 2019 | ||
(the effective date of Public Act 101-27), but on | ||
or after January 1, 2013, shall be automatically |
expunged prior to January 1, 2021; | ||
(ii) Records created prior to January 1, 2013, | ||
but on or after January 1, 2000, shall be | ||
automatically expunged prior to January 1, 2023; | ||
(iii) Records created prior to January 1, 2000 | ||
shall be automatically expunged prior to January | ||
1, 2025. | ||
In response to an inquiry for expunged records, | ||
the law enforcement agency receiving such inquiry | ||
shall reply as it does in response to inquiries when no | ||
records ever existed; however, it shall provide a | ||
certificate of disposition or confirmation that the | ||
record was expunged to the individual whose record was | ||
expunged if such a record exists. | ||
(D) Nothing in this Section shall be construed to | ||
restrict or modify an individual's right to have that | ||
individual's records expunged except as otherwise may | ||
be provided in this Act, or diminish or abrogate any | ||
rights or remedies otherwise available to the | ||
individual. | ||
(2) Pardons Authorizing Expungement of Minor Cannabis | ||
Offenses. | ||
(A) Upon June 25, 2019 (the effective date of | ||
Public Act 101-27), the Department of State Police | ||
shall review all criminal history record information | ||
and identify all records that meet all of the |
following criteria: | ||
(i) one or more convictions for a Minor | ||
Cannabis Offense; | ||
(ii) the conviction identified in paragraph | ||
(2)(A)(i) did not include a penalty enhancement | ||
under Section 7 of the Cannabis Control Act; and | ||
(iii) the conviction identified in paragraph | ||
(2)(A)(i) is not associated with a conviction for | ||
a violent crime as defined in subsection (c) of | ||
Section 3 of the Rights of Crime Victims and | ||
Witnesses Act. | ||
(B) Within 180 days after June 25, 2019 (the | ||
effective date of Public Act 101-27), the Department | ||
of State Police shall notify the Prisoner Review Board | ||
of all such records that meet the criteria established | ||
in paragraph (2)(A). | ||
(i) The Prisoner Review Board shall notify the | ||
State's Attorney of the county of conviction of | ||
each record identified by State Police in | ||
paragraph (2)(A) that is classified as a Class 4 | ||
felony. The State's Attorney may provide a written | ||
objection to the Prisoner Review Board on the sole | ||
basis that the record identified does not meet the | ||
criteria established in paragraph (2)(A). Such an | ||
objection must be filed within 60 days or by such | ||
later date set by the Prisoner Review Board in the |
notice after the State's Attorney received notice | ||
from the Prisoner Review Board. | ||
(ii) In response to a written objection from a | ||
State's Attorney, the Prisoner Review Board is | ||
authorized to conduct a non-public hearing to | ||
evaluate the information provided in the | ||
objection. | ||
(iii) The Prisoner Review Board shall make a | ||
confidential and privileged recommendation to the | ||
Governor as to whether to grant a pardon | ||
authorizing expungement for each of the records | ||
identified by the Department of State Police as | ||
described in paragraph (2)(A). | ||
(C) If an individual has been granted a pardon | ||
authorizing expungement as described in this Section, | ||
the Prisoner Review Board, through the Attorney | ||
General, shall file a petition for expungement with | ||
the Chief Judge of the circuit or any judge of the | ||
circuit designated by the Chief Judge where the | ||
individual had been convicted. Such petition may | ||
include more than one individual. Whenever an | ||
individual who has been convicted of an offense is | ||
granted a pardon by the Governor that specifically | ||
authorizes expungement, an objection to the petition | ||
may not be filed. Petitions to expunge under this | ||
subsection (i) may include more than one individual. |
Within 90 days of the filing of such a petition, the | ||
court shall enter an order expunging the records of | ||
arrest from the official records of the arresting | ||
authority and order that the records of the circuit | ||
court clerk and the Department of State Police be | ||
expunged and the name of the defendant obliterated | ||
from the official index requested to be kept by the | ||
circuit court clerk under Section 16 of the Clerks of | ||
Courts Act in connection with the arrest and | ||
conviction for the offense for which the individual | ||
had received a pardon but the order shall not affect | ||
any index issued by the circuit court clerk before the | ||
entry of the order. Upon entry of the order of | ||
expungement, the circuit court clerk shall promptly | ||
provide a copy of the order and a certificate of | ||
disposition to the individual who was pardoned to the | ||
individual's last known address or by electronic means | ||
(if available) or otherwise make it available to the | ||
individual upon request. | ||
(D) Nothing in this Section is intended to | ||
diminish or abrogate any rights or remedies otherwise | ||
available to the individual. | ||
(3) Any individual may file a motion to vacate and | ||
expunge a conviction for a misdemeanor or Class 4 felony | ||
violation of Section 4 or Section 5 of the Cannabis | ||
Control Act. Motions to vacate and expunge under this |
subsection (i) may be filed with the circuit court, Chief | ||
Judge of a judicial circuit or any judge of the circuit | ||
designated by the Chief Judge. The circuit court clerk | ||
shall promptly serve a copy of the motion to vacate and | ||
expunge, and any supporting documentation, on the State's | ||
Attorney or prosecutor charged with the duty of | ||
prosecuting the offense. When considering such a motion to | ||
vacate and expunge, a court shall consider the following: | ||
the reasons to retain the records provided by law | ||
enforcement, the petitioner's age, the petitioner's age at | ||
the time of offense, the time since the conviction, and | ||
the specific adverse consequences if denied. An individual | ||
may file such a petition after the completion of any | ||
non-financial sentence or non-financial condition imposed | ||
by the conviction. Within 60 days of the filing of such | ||
motion, a State's Attorney may file an objection to such a | ||
petition along with supporting evidence. If a motion to | ||
vacate and expunge is granted, the records shall be | ||
expunged in accordance with subparagraphs (d)(8) and | ||
(d)(9)(A) of this Section. An agency providing civil legal | ||
aid, as defined by Section 15 of the Public Interest | ||
Attorney Assistance Act, assisting individuals seeking to | ||
file a motion to vacate and expunge under this subsection | ||
may file motions to vacate and expunge with the Chief | ||
Judge of a judicial circuit or any judge of the circuit | ||
designated by the Chief Judge, and the motion may include |
more than one individual. Motions filed by an agency | ||
providing civil legal aid concerning more than one | ||
individual may be prepared, presented, and signed | ||
electronically. | ||
(4) Any State's Attorney may file a motion to vacate | ||
and expunge a conviction for a misdemeanor or Class 4 | ||
felony violation of Section 4 or Section 5 of the Cannabis | ||
Control Act. Motions to vacate and expunge under this | ||
subsection (i) may be filed with the circuit court, Chief | ||
Judge of a judicial circuit or any judge of the circuit | ||
designated by the Chief Judge, and may include more than | ||
one individual. Motions filed by a State's Attorney | ||
concerning more than one individual may be prepared, | ||
presented, and signed electronically. When considering | ||
such a motion to vacate and expunge, a court shall | ||
consider the following: the reasons to retain the records | ||
provided by law enforcement, the individual's age, the | ||
individual's age at the time of offense, the time since | ||
the conviction, and the specific adverse consequences if | ||
denied. Upon entry of an order granting a motion to vacate | ||
and expunge records pursuant to this Section, the State's | ||
Attorney shall notify the Prisoner Review Board within 30 | ||
days. Upon entry of the order of expungement, the circuit | ||
court clerk shall promptly provide a copy of the order and | ||
a certificate of disposition to the individual whose | ||
records will be expunged to the individual's last known |
address or by electronic means (if available) or otherwise | ||
make available to the individual upon request. If a motion | ||
to vacate and expunge is granted, the records shall be | ||
expunged in accordance with subparagraphs (d)(8) and | ||
(d)(9)(A) of this Section. | ||
(5) In the public interest, the State's Attorney of a | ||
county has standing to file motions to vacate and expunge | ||
pursuant to this Section in the circuit court with | ||
jurisdiction over the underlying conviction. | ||
(6) If a person is arrested for a Minor Cannabis | ||
Offense as defined in this Section before June 25, 2019 | ||
(the effective date of Public Act 101-27) and the person's | ||
case is still pending but a sentence has not been imposed, | ||
the person may petition the court in which the charges are | ||
pending for an order to summarily dismiss those charges | ||
against him or her, and expunge all official records of | ||
his or her arrest, plea, trial, conviction, incarceration, | ||
supervision, or expungement. If the court determines, upon | ||
review, that:
(A) the person was arrested before June 25, | ||
2019 (the effective date of Public Act 101-27) for an | ||
offense that has been made eligible for expungement;
(B) | ||
the case is pending at the time; and
(C) the person has not | ||
been sentenced of the minor cannabis violation eligible | ||
for expungement under this subsection, the court shall | ||
consider the following: the reasons to retain the records | ||
provided by law enforcement, the petitioner's age, the |
petitioner's age at the time of offense, the time since | ||
the conviction, and the specific adverse consequences if | ||
denied. If a motion to dismiss and expunge is granted, the | ||
records shall be expunged in accordance with subparagraph | ||
(d)(9)(A) of this Section. | ||
(7) A person imprisoned solely as a result of one or | ||
more convictions for Minor Cannabis Offenses under this | ||
subsection (i) shall be released from incarceration upon | ||
the issuance of an order under this subsection. | ||
(8) The Department of State Police shall allow a | ||
person to use the access and review process, established | ||
in the Department of State Police, for verifying that his | ||
or her records relating to Minor Cannabis Offenses of the | ||
Cannabis Control Act eligible under this Section have been | ||
expunged. | ||
(9) No conviction vacated pursuant to this Section | ||
shall serve as the basis for damages for time unjustly | ||
served as provided in the Court of Claims Act. | ||
(10) Effect of Expungement. A person's right to | ||
expunge an expungeable offense shall not be limited under | ||
this Section. The effect of an order of expungement shall | ||
be to restore the person to the status he or she occupied | ||
before the arrest, charge, or conviction. | ||
(11) Information. The Department of State Police shall | ||
post general information on its website about the | ||
expungement process described in this subsection (i). |
(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18; | ||
100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff. | ||
8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863, | ||
eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | ||
101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. | ||
12-4-19; 101-645, eff. 6-26-20; revised 8-18-20.)
| ||
Section 10. The Illinois Vehicle Code is amended by | ||
changing Section 16-105 as follows:
| ||
(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
| ||
Sec. 16-105. Disposition of fines and forfeitures.
| ||
(a) Except as provided in Section 15-113 of this Act and | ||
except those amounts subject to disbursement by the circuit
| ||
clerk under the Criminal and Traffic Assessment Act, fines and | ||
penalties
recovered under the provisions of Chapters 3 through | ||
17 and 18b inclusive of this
Code shall be paid and used as | ||
follows:
| ||
1. For offenses committed upon a highway within the | ||
limits of a
city, village, or incorporated town or under | ||
the jurisdiction of any
park district, to the treasurer of | ||
the particular city, village,
incorporated town or park | ||
district, if the violator was arrested by the
authorities | ||
of the city, village, incorporated town or park district,
| ||
provided the police officers and officials of cities, | ||
villages,
incorporated towns and park districts shall |
seasonably prosecute for all
fines and penalties under | ||
this Code. If the violation is prosecuted by
the | ||
authorities of the county, any fines or penalties | ||
recovered shall be
paid to the county treasurer, except | ||
that fines and penalties recovered from violations | ||
arrested by the State Police shall be remitted to the | ||
State Treasurer for deposit into the State Police Law | ||
Enforcement Administration Fund. Provided further that if | ||
the violator was
arrested by the State Police, fines and | ||
penalties recovered under the
provisions of paragraph (a) | ||
of Section 15-113 of this Code or paragraph (e)
of Section | ||
15-316 of this Code shall be remitted paid
over to the | ||
Department of State Police which shall thereupon remit the
| ||
amount of the fines and penalties so received to the State | ||
Treasurer who shall
deposit the amount so remitted in the | ||
special fund in the State treasury
known as the Road Fund | ||
except that if the violation is prosecuted by the
State's | ||
Attorney, 10% of the fine or penalty recovered shall be | ||
paid to
the State's Attorney as a fee of his office and the | ||
balance shall be remitted to the State Treasurer
paid over | ||
to the Department of State Police for remittance to and
| ||
deposit by the State Treasurer as hereinabove provided.
| ||
2. Except as provided in paragraph 4, for offenses | ||
committed upon any
highway outside the limits of a
city, | ||
village, incorporated town or park district, to the county
| ||
treasurer of the county where the offense was committed |
except if such
offense was committed on a highway | ||
maintained by or under the
supervision of a township, | ||
township district, or a road district to the
Treasurer | ||
thereof for deposit in the road and bridge fund of such
| ||
township or other district, except that fines and | ||
penalties recovered from violations arrested by the State | ||
Police shall be remitted to the State Treasurer for | ||
deposit into the State Police Law Enforcement | ||
Administration Fund; provided, that fines and penalties | ||
recovered
under the provisions of paragraph (a) of Section | ||
15-113, paragraph (d) of
Section 3-401, or paragraph (e) | ||
of Section 15-316 of this Code shall
be remitted paid over | ||
to the Department of State Police which shall thereupon | ||
remit
the amount of the fines and penalties so received to | ||
the State Treasurer
who shall deposit the amount so | ||
remitted in the special fund in the State
treasury known | ||
as the Road Fund except that if the violation is | ||
prosecuted
by the State's Attorney, 10% of the fine or | ||
penalty recovered shall be paid
to the State's Attorney as | ||
a fee of his office and the balance shall be remitted
paid | ||
over to the State Treasurer Department of State Police for | ||
remittance to and deposit
by the State Treasurer as | ||
hereinabove provided.
| ||
3. Notwithstanding subsections 1 and 2 of this | ||
paragraph, for violations
of overweight and overload | ||
limits found in Sections 15-101 through 15-203
of this |
Code, which are committed upon the highways belonging to | ||
the Illinois
State Toll Highway Authority, fines and | ||
penalties shall be remitted paid over to
the Illinois | ||
State Toll Highway Authority for deposit with the State | ||
Treasurer
into that special fund known as the Illinois | ||
State Toll Highway Authority
Fund, except that if the | ||
violation is prosecuted by the State's Attorney,
10% of | ||
the fine or penalty recovered shall be paid to the State's | ||
Attorney
as a fee of his office and the balance shall be | ||
remitted paid over to the Illinois
State Toll Highway | ||
Authority for remittance to and deposit by the State
| ||
Treasurer as hereinabove provided.
| ||
4. With regard to violations of overweight and | ||
overload limits found in
Sections 15-101 through 15-203 of | ||
this Code committed by operators of vehicles
registered as | ||
Special Hauling Vehicles, for offenses committed upon a | ||
highway
within the limits of a city, village, or | ||
incorporated town or under the
jurisdiction of any park | ||
district, all fines and penalties shall be paid over
or | ||
retained as required in paragraph 1. However, with regard | ||
to the above
offenses committed by operators of vehicles | ||
registered as Special Hauling
Vehicles upon any highway | ||
outside the limits of a city, village, incorporated
town | ||
or park district, fines and penalties shall be paid over | ||
or retained by
the entity having jurisdiction over the | ||
road or highway upon which the offense
occurred, except |
that if the violation is prosecuted by the State's | ||
Attorney,
10% of the fine or penalty recovered shall be | ||
paid to the State's Attorney as a
fee of his office.
| ||
(b) Failure, refusal or neglect on the part of any | ||
judicial or other
officer or employee receiving or having | ||
custody of any such fine or
forfeiture either before or after a | ||
deposit with the proper official as
defined in paragraph (a) | ||
of this Section, shall constitute misconduct in
office and | ||
shall be grounds for removal therefrom.
| ||
(Source: P.A. 100-987, eff. 7-1-19 .)
| ||
Section 15. The Snowmobile Registration and Safety Act is | ||
amended by changing Section 5-7 as follows:
| ||
(625 ILCS 40/5-7)
| ||
Sec. 5-7. Operating a snowmobile while under the influence | ||
of alcohol or
other drug or drugs, intoxicating compound or | ||
compounds, or a combination of
them; criminal penalties; | ||
suspension of operating privileges. | ||
(a) A person may not operate or be in actual physical | ||
control of a
snowmobile within this State
while:
| ||
1. The alcohol concentration in that person's blood, | ||
other bodily substance, or breath is a
concentration at | ||
which driving a motor vehicle is prohibited under
| ||
subdivision (1) of subsection (a) of
Section 11-501 of the | ||
Illinois Vehicle Code;
|
2. The person is under the influence of alcohol;
| ||
3. The person is under the influence of any other drug | ||
or combination of
drugs to a degree that renders that | ||
person incapable of safely operating a
snowmobile;
| ||
3.1. The person is under the influence of any | ||
intoxicating compound or
combination of intoxicating | ||
compounds to a degree that renders the person
incapable of | ||
safely operating a snowmobile;
| ||
4. The person is under the combined influence of | ||
alcohol and any other
drug or drugs or intoxicating | ||
compound or compounds to a degree that
renders that person | ||
incapable of safely
operating a snowmobile;
| ||
4.3. The person who is not a CDL holder has a | ||
tetrahydrocannabinol concentration in the person's whole | ||
blood or other bodily substance at which driving a motor | ||
vehicle is prohibited under
subdivision (7) of subsection | ||
(a) of
Section 11-501 of the Illinois Vehicle Code; | ||
4.5. The person who is a CDL holder has any amount of a | ||
drug, substance, or
compound in the person's breath, | ||
blood, other bodily substance, or urine resulting from the | ||
unlawful use or consumption of cannabis listed in the | ||
Cannabis Control Act; or | ||
5. There is any amount of a drug, substance, or | ||
compound in that person's
breath, blood, other bodily | ||
substance, or urine resulting from the unlawful use or | ||
consumption
of a controlled substance listed in the
|
Illinois Controlled Substances Act, methamphetamine as | ||
listed in the Methamphetamine Control and Community | ||
Protection Act, or intoxicating compound listed in the
use
| ||
of Intoxicating Compounds Act.
| ||
(b) The fact that a person charged with violating this | ||
Section is or has
been legally entitled to use alcohol, other | ||
drug or drugs, any
intoxicating
compound or compounds, or any | ||
combination of them does not constitute a
defense against a | ||
charge of violating this Section.
| ||
(c) Every person convicted of violating this Section or a | ||
similar
provision of a local ordinance is guilty of a
Class A | ||
misdemeanor, except as otherwise provided in this Section.
| ||
(c-1) As used in this Section, "first time offender" means | ||
any person who has not had a previous conviction or been | ||
assigned supervision for violating this Section or a similar | ||
provision of a local ordinance, or any person who has not had a | ||
suspension imposed under subsection (e) of Section 5-7.1. | ||
(c-2) For purposes of this Section, the following are | ||
equivalent to a conviction: | ||
(1) a forfeiture of bail or collateral deposited to | ||
secure a defendant's appearance in court when forfeiture | ||
has not been vacated; or | ||
(2) the failure of a defendant to appear for trial.
| ||
(d) Every person convicted of violating this Section is | ||
guilty of a
Class 4 felony if:
| ||
1. The person has a previous conviction under this |
Section;
| ||
2. The offense results in personal injury where a | ||
person other than the
operator suffers great bodily harm | ||
or permanent disability or disfigurement,
when the | ||
violation was a proximate cause of the injuries.
A person | ||
guilty of a Class 4 felony under this paragraph 2, if | ||
sentenced to a
term of imprisonment, shall be sentenced to | ||
not less than one year nor more
than
12 years; or
| ||
3. The offense occurred during a period in which the | ||
person's privileges
to
operate a snowmobile are revoked or | ||
suspended, and the revocation or
suspension was for a | ||
violation of this Section or was imposed under Section
| ||
5-7.1.
| ||
(e) Every person convicted of violating this Section is | ||
guilty
of a
Class 2 felony if the offense results in the death | ||
of a person.
A person guilty of a Class 2 felony under this | ||
subsection (e), if sentenced
to
a term of imprisonment, shall | ||
be sentenced to a term of not less than 3 years
and not more | ||
than 14 years.
| ||
(e-1) Every person convicted of violating this Section or | ||
a similar
provision of a local ordinance who had a child under | ||
the age of 16 on board the
snowmobile at the time of offense | ||
shall be subject to a mandatory minimum fine
of $500 and shall | ||
be subject to a mandatory minimum of 5 days of community
| ||
service in a program benefiting children. The assignment under | ||
this subsection
shall not be subject to suspension nor shall |
the person be eligible for
probation in order to reduce the | ||
assignment.
| ||
(e-2) Every person found guilty of violating this Section, | ||
whose operation
of
a snowmobile while in violation of this | ||
Section proximately caused any incident
resulting in an | ||
appropriate emergency response, shall be liable for the | ||
expense
of an emergency response as provided in subsection (i) | ||
of Section 11-501.01 of the Illinois Vehicle Code.
| ||
(e-3) In addition to any other penalties and liabilities, | ||
a person who is
found guilty of violating this Section, | ||
including any person placed on court
supervision, shall be | ||
fined $100, payable to the circuit clerk, who shall
distribute | ||
the money to the law enforcement agency that made the arrest or | ||
as provided in subsection (c) of Section 10-5 of the Criminal | ||
and Traffic Assessment Act if the arresting agency is a State | ||
agency, unless more than one agency is responsible for the | ||
arrest, in which case the amount shall be remitted to each unit | ||
of government equally . In the
event that more than one agency | ||
is responsible for the arrest, the $100
shall be shared | ||
equally. Any moneys received by a law enforcement agency under
| ||
this subsection (e-3) shall be used to purchase law | ||
enforcement equipment or to
provide law enforcement training | ||
that will assist in the prevention of alcohol
related criminal | ||
violence throughout the State. Law enforcement equipment shall
| ||
include, but is not limited to, in-car video cameras, radar | ||
and laser speed
detection devices, and alcohol breath testers.
|
(f) In addition to any criminal penalties imposed, the
| ||
Department of Natural Resources shall suspend the
snowmobile | ||
operation privileges of
a person convicted or found guilty of | ||
a misdemeanor under this
Section for a period of one
year, | ||
except that first-time offenders are exempt from
this | ||
mandatory one year suspension.
| ||
(g) In addition to any criminal penalties imposed, the | ||
Department of Natural
Resources shall suspend for a period of | ||
5 years the snowmobile operation
privileges of any person | ||
convicted or found guilty of a felony under this
Section.
| ||
(Source: P.A. 99-697, eff. 7-29-16; 100-201, eff. 8-18-17.)
| ||
Section 20. The Boat Registration and Safety Act is | ||
amended by changing Section 5-16 as follows:
| ||
(625 ILCS 45/5-16)
| ||
Sec. 5-16. Operating a watercraft under the influence of | ||
alcohol,
other drug or drugs, intoxicating compound or | ||
compounds, or combination
thereof.
| ||
(A) 1. A person shall not operate or be in actual physical | ||
control of
any
watercraft within this State while:
| ||
(a) The alcohol concentration in such person's blood, | ||
other bodily substance, or breath is a
concentration at | ||
which driving a motor vehicle is prohibited under | ||
subdivision
(1) of subsection (a) of
Section 11-501 of the | ||
Illinois Vehicle Code;
|
(b) Under the influence of alcohol;
| ||
(c) Under the influence of any other drug or | ||
combination of drugs to a
degree which renders such person | ||
incapable of safely operating
any watercraft;
| ||
(c-1) Under the influence of any intoxicating compound | ||
or combination
of
intoxicating compounds to a degree that | ||
renders the person incapable of safely
operating
any | ||
watercraft;
| ||
(d) Under the combined influence of alcohol and any | ||
other drug or
drugs to a degree which renders such person | ||
incapable of safely operating
a watercraft;
| ||
(d-3) The person who is not a CDL holder has a | ||
tetrahydrocannabinol concentration in the person's whole | ||
blood or other bodily substance at which driving a motor | ||
vehicle is prohibited under
subdivision (7) of subsection | ||
(a) of
Section 11-501 of the Illinois Vehicle Code; | ||
(d-5) The person who is a CDL holder has any amount of | ||
a drug, substance, or
compound in the person's breath, | ||
blood, other bodily substance, or urine resulting from the | ||
unlawful use or consumption of cannabis listed in the | ||
Cannabis Control Act; or | ||
(e) There is any amount of a drug, substance, or | ||
compound in the
person's blood, other bodily substance, or | ||
urine resulting from the unlawful use or consumption of
a
| ||
controlled substance
listed in the Illinois Controlled | ||
Substances Act, methamphetamine as listed in the |
Methamphetamine Control and Community Protection Act, or | ||
an intoxicating compound
listed in the Use of Intoxicating | ||
Compounds Act.
| ||
2. The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, other | ||
drug or drugs, any
intoxicating compound or compounds, or any | ||
combination of
them, shall not constitute a defense against | ||
any charge of
violating this
Section.
| ||
3. Every person convicted of violating this Section shall | ||
be guilty of a
Class A misdemeanor, except as otherwise | ||
provided in this Section.
| ||
4. Every person convicted of violating this Section shall | ||
be guilty of a
Class 4 felony if:
| ||
(a) He or she has a previous conviction under this | ||
Section;
| ||
(b) The offense results in personal injury where a | ||
person other than the
operator suffers great bodily harm | ||
or permanent disability or disfigurement,
when the | ||
violation was a proximate cause of the injuries. A person | ||
guilty of a
Class 4 felony under this subparagraph (b), if | ||
sentenced
to a term of imprisonment, shall be sentenced to | ||
a term of not less than
one year nor more than 12 years; or
| ||
(c) The offense occurred during a period in which his | ||
or her
privileges
to
operate
a watercraft are revoked or | ||
suspended, and the revocation or suspension was for
a
| ||
violation of this Section or was imposed under subsection |
(B).
| ||
5. Every person convicted of violating this Section shall | ||
be
guilty of a Class 2 felony if the offense results in the | ||
death of a
person.
A person guilty of a Class 2 felony under | ||
this paragraph 5, if sentenced to a
term of imprisonment, | ||
shall be sentenced to a term of not less than 3 years
and not | ||
more than 14 years.
| ||
5.1. A person convicted of violating this Section or a | ||
similar
provision
of a
local
ordinance who had a child under | ||
the age of 16 aboard the watercraft at the
time of offense is
| ||
subject to a mandatory minimum fine of $500 and to a mandatory | ||
minimum of 5
days of
community service in a program benefiting | ||
children. The assignment under this
paragraph 5.1 is
not | ||
subject to suspension and the person is not eligible for | ||
probation in order
to reduce the
assignment.
| ||
5.2. A person found guilty of violating this Section, if | ||
his or her
operation
of a watercraft
while in violation of this | ||
Section proximately caused any incident resulting in
an | ||
appropriate
emergency response, is liable for the expense of | ||
an emergency response as
provided in subsection (m) of Section | ||
11-501 of the Illinois Vehicle Code.
| ||
5.3. In addition to any other penalties and liabilities, a | ||
person who is
found
guilty of
violating this Section, | ||
including any person placed on court supervision,
shall be | ||
fined $100,
payable to the circuit clerk, who shall distribute | ||
the money to the law
enforcement agency that
made the arrest or |
as provided in subsection (c) of Section 10-5 of the Criminal | ||
and Traffic Assessment Act if the arresting agency is a State | ||
agency, unless more than one agency is responsible for the | ||
arrest, in which case the amount shall be remitted to each unit | ||
of government equally . In the event that more than one agency | ||
is responsible for the
arrest, the $100
shall be shared | ||
equally. Any moneys received by a law enforcement agency under
| ||
this
paragraph 5.3 shall be used to purchase law enforcement | ||
equipment or to provide
law
enforcement training that will | ||
assist in the prevention of alcohol related
criminal violence
| ||
throughout the State. Law enforcement equipment shall include, | ||
but is not
limited to, in-car
video cameras, radar and laser | ||
speed detection devices, and alcohol breath
testers.
| ||
6. (a) In addition to any criminal penalties imposed, the | ||
Department of
Natural Resources shall suspend the watercraft | ||
operation privileges of any
person
convicted or found guilty | ||
of a misdemeanor under this Section, a similar provision of a | ||
local ordinance, or Title 46 of the U.S. Code of Federal | ||
Regulations for a period
of one year, except that a first time | ||
offender is exempt from this mandatory
one year suspension.
| ||
As used in this subdivision (A)6(a), "first time offender" | ||
means any person who has not had a previous conviction or been | ||
assigned supervision for violating this Section, a similar | ||
provision of a local ordinance or, Title 46 of the U.S. Code of | ||
Federal Regulations, or any person who has not had a | ||
suspension imposed under subdivision (B)3.1 of Section 5-16.
|
(b) In addition to any criminal penalties imposed, the | ||
Department of
Natural Resources shall suspend the watercraft | ||
operation privileges of any
person
convicted of a felony under | ||
this Section, a similar provision of a local ordinance, or | ||
Title 46 of the U.S. Code of Federal Regulations for a period | ||
of 3 years.
| ||
(B) 1. Any person who operates or is in actual physical | ||
control of any
watercraft upon the waters of this
State shall | ||
be deemed to have given consent to a chemical test or tests of
| ||
blood, breath, other bodily substance, or urine for the | ||
purpose of determining the content of
alcohol, other
drug or | ||
drugs, intoxicating compound or compounds, or combination | ||
thereof
in the person's blood or other bodily substance if | ||
arrested for
any offense of subsection (A) above. The chemical | ||
test or tests shall be
administered at
the direction of the | ||
arresting officer.
The law enforcement agency employing the
| ||
officer shall designate which of the tests shall be | ||
administered. Up to 2 additional tests of
urine or other | ||
bodily substance may be
administered even after a blood or | ||
breath test or both has been administered.
| ||
1.1. For the purposes of this Section, an Illinois Law | ||
Enforcement
officer of
this
State who is investigating the | ||
person for any offense defined in Section 5-16
may travel
into | ||
an adjoining state, where the person has been transported for | ||
medical care
to
complete an investigation, and may request | ||
that the person submit to the test
or
tests set
forth in this |
Section. The requirements of this Section that the person be
| ||
arrested are
inapplicable, but the officer shall issue the | ||
person a uniform citation for an
offense as
defined in Section | ||
5-16 or a similar provision of a local ordinance prior to
| ||
requesting that
the person submit to the test or tests. The | ||
issuance of the uniform citation
shall not
constitute an | ||
arrest, but shall be for the purpose of notifying the person | ||
that
he or she is
subject to the provisions of this Section and | ||
of the officer's belief in the
existence of
probable cause to | ||
arrest. Upon returning to this State, the officer shall file
| ||
the uniform
citation with the circuit clerk of the county | ||
where the offense was committed
and shall
seek the issuance of | ||
an arrest warrant or a summons for the person.
| ||
1.2. Notwithstanding any ability to refuse under this Act | ||
to submit to
these
tests
or any ability to revoke the implied | ||
consent to these tests, if a law
enforcement officer
has | ||
probable cause to believe that a watercraft operated by or | ||
under actual
physical
control of a person under the influence | ||
of alcohol, other drug or drugs,
intoxicating
compound or | ||
compounds, or any combination of them has caused the death of | ||
or
personal
injury to another, that person shall submit, upon | ||
the request of a law
enforcement officer,
to a chemical test or | ||
tests of his or her blood, breath, other bodily substance, or | ||
urine for the
purpose of
determining the alcohol content or | ||
the presence of any other drug, intoxicating
compound, or
| ||
combination
of them. For the purposes of this Section, a |
personal injury includes severe
bleeding
wounds, distorted | ||
extremities, and injuries that require the injured party to
be | ||
carried
from the scene for immediate professional attention in | ||
either a doctor's office
or a
medical facility.
| ||
2. Any person who is dead, unconscious or who is otherwise | ||
in a condition
rendering such person incapable of refusal, | ||
shall be deemed not to have
withdrawn the consent provided | ||
above, and the test may be administered.
| ||
3. A person requested to submit to a chemical test as | ||
provided above
shall be
verbally advised by the law | ||
enforcement officer requesting the test that a
refusal to | ||
submit to the test will result in suspension of such person's
| ||
privilege to operate a watercraft for a minimum of 2 years. | ||
Following this
warning, if a person
under arrest refuses upon | ||
the request of a law enforcement officer to
submit to a test | ||
designated by the officer, no test
shall be given, but the law | ||
enforcement officer shall file with the clerk
of the circuit | ||
court for the county in which the arrest was made, and with
the | ||
Department of Natural Resources, a sworn
statement naming the | ||
person refusing to take and complete the chemical test
or | ||
tests
requested under the provisions of this Section. Such | ||
sworn statement shall
identify the arrested person, such | ||
person's current residence address and
shall specify that a | ||
refusal by such person to take the chemical test or
tests was
| ||
made. Such sworn statement shall include a statement that the | ||
arresting
officer had reasonable cause to believe the person |
was operating or was in
actual physical control of the
| ||
watercraft within this State while under the influence of | ||
alcohol, other
drug or drugs, intoxicating compound or | ||
compounds, or combination thereof
and that such
chemical test | ||
or tests were made as an
incident to and following the lawful | ||
arrest for an offense as defined in
this Section or a similar | ||
provision of a local ordinance, and that the
person after | ||
being arrested for an offense arising out of acts alleged to
| ||
have been committed while so operating a watercraft refused to | ||
submit to
and complete a chemical test or tests as requested by | ||
the law enforcement
officer.
| ||
3.1. The law enforcement officer submitting the sworn | ||
statement as
provided in
paragraph 3 of this subsection (B) | ||
shall serve immediate written notice upon
the
person refusing | ||
the chemical test or tests that the person's privilege to
| ||
operate a
watercraft within this State will be suspended for a | ||
period of 2 years unless,
within 28 days from the date of the | ||
notice, the person requests in writing a
hearing
on the | ||
suspension.
| ||
If the person desires a hearing, such person
shall file a | ||
complaint in the circuit court for and in the county in which
| ||
such person was arrested for such hearing. Such hearing shall | ||
proceed in
the court in the same manner as other civil | ||
proceedings, shall cover only
the issues of whether the person | ||
was placed under arrest for an offense as
defined in this | ||
Section or a similar provision of a local ordinance as
|
evidenced by the issuance of a uniform citation; whether the | ||
arresting
officer had reasonable grounds to believe that such | ||
person was operating a
watercraft while under the influence of | ||
alcohol, other drug or drugs,
intoxicating compound or | ||
compounds, or combination
thereof; and whether such person | ||
refused to submit and complete the
chemical test or
tests upon | ||
the request of the law enforcement officer. Whether the person
| ||
was informed that such person's privilege to operate a | ||
watercraft would be
suspended if such person refused to submit | ||
to the chemical test or tests
shall not be an
issue.
| ||
If the person fails to request in writing a hearing within | ||
28 days from
the date of notice, or if a hearing is held and | ||
the court finds against the
person on the issues before the | ||
court, the
clerk shall immediately notify the Department of | ||
Natural Resources, and the Department shall suspend the | ||
watercraft operation
privileges of the person for at least 2 | ||
years.
| ||
3.2. If the person is a CDL holder and submits to a test | ||
that discloses an alcohol
concentration
of 0.08
or more, or | ||
any amount of a drug, substance or intoxicating compound in | ||
the
person's
breath, blood, other bodily substance, or urine | ||
resulting from the unlawful use of cannabis listed in
the | ||
Cannabis
Control Act, a controlled substance listed in the | ||
Illinois Controlled
Substances Act, methamphetamine as listed | ||
in the Methamphetamine Control and Community Protection Act, | ||
or an
intoxicating compound listed in the Use of Intoxicating |
Compounds Act, the law
enforcement officer shall immediately | ||
submit a sworn report to the circuit
clerk of venue
and the | ||
Department of Natural Resources, certifying that the test or | ||
tests were
requested
under paragraph 1 of this subsection (B) | ||
and the person submitted to testing
that
disclosed an alcohol | ||
concentration of 0.08 or more or any amount of a drug, | ||
substance or intoxicating compound in the
person's
breath, | ||
blood, other bodily substance, or urine resulting from the | ||
unlawful use of cannabis listed in the Cannabis Control Act, a | ||
controlled substance listed in the Illinois Controlled
| ||
Substances Act, methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act, or an
| ||
intoxicating compound listed in the Use of Intoxicating | ||
Compounds Act. If the person is not a CDL holder and submits to | ||
a test that discloses an alcohol
concentration
of 0.08
or | ||
more, a tetrahydrocannabinol concentration in the person's | ||
whole blood or other bodily substance as defined in paragraph | ||
6 of subsection (a) of Section 11-501.2 of the Illinois | ||
Vehicle Code, or any amount of a drug, substance or | ||
intoxicating compound in the
person's
breath, blood, other | ||
bodily substance, or urine resulting from the unlawful use of | ||
a controlled substance listed in the Illinois Controlled
| ||
Substances Act, methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act, or an
| ||
intoxicating compound listed in the Use of Intoxicating | ||
Compounds Act, the law
enforcement officer shall immediately |
submit a sworn report to the circuit
clerk of venue
and the | ||
Department of Natural Resources, certifying that the test or | ||
tests were
requested
under paragraph 1 of this subsection (B) | ||
and the person submitted to testing
that
disclosed an alcohol | ||
concentration of 0.08 or more, a tetrahydrocannabinol | ||
concentration in the person's whole blood or other bodily | ||
substance as defined in paragraph 6 of subsection (a) of | ||
Section 11-501.2 of the Illinois Vehicle Code, or any amount | ||
of a drug, substance or intoxicating compound in the
person's
| ||
breath, blood, other bodily substance, or urine resulting from | ||
the unlawful use of a controlled substance listed in the | ||
Illinois Controlled
Substances Act, methamphetamine as listed | ||
in the Methamphetamine Control and Community Protection Act, | ||
or an
intoxicating compound listed in the Use of Intoxicating | ||
Compounds Act.
| ||
In cases involving a person who is a CDL holder where the | ||
blood alcohol concentration of 0.08 or greater or any
amount | ||
of
drug, substance or compound resulting from the unlawful use | ||
of cannabis, a
controlled
substance, methamphetamine, or an | ||
intoxicating compound is established by a subsequent analysis
| ||
of blood, other bodily substance, or urine collected at the | ||
time of arrest, the arresting officer or arresting
agency | ||
shall
immediately submit a sworn report to the circuit clerk | ||
of venue and the
Department of
Natural Resources upon receipt | ||
of the test results. In cases involving a person who is not a | ||
CDL holder where the blood alcohol concentration of 0.08 or |
greater, a tetrahydrocannabinol concentration in the person's | ||
whole blood or other bodily substance as defined in paragraph | ||
6 of subsection (a) of Section 11-501.2 of the Illinois | ||
Vehicle Code, or any
amount of drug, substance, or compound | ||
resulting from the unlawful use of
a controlled substance, | ||
methamphetamine, or an intoxicating compound is established by
| ||
a subsequent analysis of blood, other bodily substance, or | ||
urine collected at the time of arrest, the
arresting officer | ||
or arresting agency shall immediately submit a sworn report
to | ||
the circuit clerk of venue and the Department of Natural | ||
Resources upon
receipt of the test results.
| ||
4. A person must submit to each chemical test offered by | ||
the law
enforcement
officer
in order to comply with the | ||
implied consent provisions of this Section.
| ||
5. The provisions of Section 11-501.2 of the Illinois | ||
Vehicle Code, as
amended, concerning the certification and use | ||
of chemical tests apply to the
use of such tests under this | ||
Section.
| ||
(C) Upon the trial of any civil or criminal action or | ||
proceeding arising out
of acts alleged to have been committed | ||
by any person while operating a
watercraft while under the | ||
influence of alcohol, other drug or drugs, intoxicating | ||
compound or compounds, or combination
thereof, the | ||
concentration of alcohol, drug, or compound in the person's | ||
blood, other bodily substance, or breath at the time alleged | ||
as shown by analysis of a
person's blood, urine, breath, or |
other bodily substance shall give rise to the
presumptions | ||
specified in subdivisions 1, 2, and 3 of
subsection (b) and | ||
subsection (b-5) of Section 11-501.2 of the Illinois Vehicle | ||
Code. The foregoing
provisions of this subsection (C) shall | ||
not be
construed
as limiting the introduction of any other | ||
relevant evidence bearing upon the
question whether the person | ||
was under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or a combination thereof.
| ||
(D) If a person under arrest refuses to submit to a | ||
chemical test under
the provisions of this Section, evidence | ||
of refusal shall be admissible in
any civil or criminal action | ||
or proceeding arising out of acts alleged to
have been | ||
committed while the person under the influence of alcohol,
| ||
other drug or drugs, intoxicating compound or compounds, or | ||
combination
of them was operating a watercraft.
| ||
(E) The owner of any watercraft or any person given | ||
supervisory
authority over a watercraft, may not knowingly | ||
permit a watercraft to be
operated by any person under the | ||
influence of alcohol, other drug or drugs,
intoxicating | ||
compound or compounds, or
combination thereof.
| ||
(F) Whenever any person is convicted or found guilty of a | ||
violation of
this
Section, including any person placed on | ||
court supervision, the court shall
notify the Office of Law | ||
Enforcement of the
Department of Natural Resources, to provide | ||
the Department with the records
essential for the performance | ||
of the Department's duties to monitor and enforce
any order of |
suspension or revocation concerning the privilege to operate a
| ||
watercraft.
| ||
(G) No person who has been arrested and charged for | ||
violating paragraph 1 of
subsection (A) of this Section shall | ||
operate any watercraft within this State
for a period of 24 | ||
hours after such arrest.
| ||
(Source: P.A. 99-697, eff. 7-29-16.)
| ||
Section 25. The Clerks of Courts Act is amended by | ||
changing Sections 27.1b and 27.1c as follows: | ||
(705 ILCS 105/27.1b) | ||
(Section scheduled to be repealed on January 1, 2022) | ||
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | ||
other provision of law, all fees charged by the clerks of the | ||
circuit court for the services described in this Section shall | ||
be established, collected, and disbursed in accordance with | ||
this Section. Except as otherwise specified in this Section, | ||
all fees under this Section shall be paid in advance and | ||
disbursed by each clerk on a monthly basis. In a county with a | ||
population of over 3,000,000, units of local government and | ||
school districts shall not be required to pay fees under this | ||
Section in advance and the clerk shall instead send an | ||
itemized bill to the unit of local government or school | ||
district, within 30 days of the fee being incurred, and the | ||
unit of local government or school district shall be allowed |
at least 30 days from the date of the itemized bill to pay; | ||
these payments shall be disbursed by each clerk on a monthly | ||
basis. Unless otherwise specified in this Section, the amount | ||
of a fee shall be determined by ordinance or resolution of the | ||
county board and remitted to the county treasurer to be used | ||
for purposes related to the operation of the court system in | ||
the county. In a county with a population of over 3,000,000, | ||
any amount retained by the clerk of the circuit court or | ||
remitted to the county treasurer shall be subject to | ||
appropriation by the county board. | ||
(a) Civil cases. The fee for filing a complaint, petition, | ||
or other pleading initiating a civil action shall be as set | ||
forth in the applicable schedule under this subsection in | ||
accordance with case categories established by the Supreme | ||
Court in schedules. | ||
(1) SCHEDULE 1: not to exceed a total of $366 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $316 in any other county, except as applied to | ||
units of local government and school districts in counties | ||
with more than 3,000,000 inhabitants an amount not to | ||
exceed $190 through December 31, 2021 and $184 on and | ||
after January 1, 2022. The fees collected under this | ||
schedule shall be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $55 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $45 in |
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. | ||
(B) The clerk shall remit up to $21 to the State | ||
Treasurer. The State Treasurer shall deposit the | ||
appropriate amounts, in accordance with the clerk's | ||
instructions, as follows: | ||
(i) up to $10, as specified by the Supreme | ||
Court in accordance with Part 10A of Article II of | ||
the Code of Civil Procedure, into the Mandatory | ||
Arbitration Fund; | ||
(ii) $2 into the Access to Justice Fund; and | ||
(iii) $9 into the Supreme Court Special | ||
Purposes Fund. | ||
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $290 in a county | ||
with a population of 3,000,000 or more and in an amount | ||
not to exceed $250 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(2) SCHEDULE 2: not to exceed a total of $357 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $266 in any other county, except as applied to | ||
units of local government and school districts in counties |
with more than 3,000,000 inhabitants an amount not to | ||
exceed $190 through December 31, 2021 and $184 on and | ||
after January 1, 2022. The fees collected under this | ||
schedule shall be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $55 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $45 in | ||
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. | ||
(B) The clerk shall remit up to $21 to the State | ||
Treasurer. The State Treasurer shall deposit the | ||
appropriate amounts, in accordance with the clerk's | ||
instructions, as follows: | ||
(i) up to $10, as specified by the Supreme | ||
Court in accordance with Part 10A of Article II of | ||
the Code of Civil Procedure, into the Mandatory | ||
Arbitration Fund; | ||
(ii) $2 into the Access to Justice Fund: and | ||
(iii) $9 into the Supreme Court Special | ||
Purposes Fund. | ||
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $281 in a county | ||
with a population of 3,000,000 or more and in an amount | ||
not to exceed $200 in any other county, as specified by |
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(3) SCHEDULE 3: not to exceed a total of $265 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $89 in any other county, except as applied to units | ||
of local government and school districts in counties with | ||
more than 3,000,000 inhabitants an amount not to exceed | ||
$190 through December 31, 2021 and $184 on and after | ||
January 1, 2022. The fees collected under this schedule | ||
shall be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $55 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $22 in | ||
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. | ||
(B) The clerk shall remit $11 to the State | ||
Treasurer. The State Treasurer shall deposit the | ||
appropriate amounts in accordance with the clerk's | ||
instructions, as follows: | ||
(i) $2 into the Access to Justice Fund; and | ||
(ii) $9 into the Supreme Court Special | ||
Purposes Fund. | ||
(C) The clerk shall remit a sum to the County |
Treasurer, in an amount not to exceed $199 in a county | ||
with a population of 3,000,000 or more and in an amount | ||
not to exceed $56 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(4) SCHEDULE 4: $0. | ||
(b) Appearance. The fee for filing an appearance in a | ||
civil action, including a cannabis civil law action under the | ||
Cannabis Control Act, shall be as set forth in the applicable | ||
schedule under this subsection in accordance with case | ||
categories established by the Supreme Court in schedules. | ||
(1) SCHEDULE 1: not to exceed a total of $230 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $191 in any other county, except as applied to | ||
units of local government and school districts in counties | ||
with more than 3,000,000 inhabitants an amount not to | ||
exceed $75. The fees collected under this schedule shall | ||
be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $50 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $45 in | ||
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. |
(B) The clerk shall remit up to $21 to the State | ||
Treasurer. The State Treasurer shall deposit the | ||
appropriate amounts, in accordance with the clerk's | ||
instructions, as follows: | ||
(i) up to $10, as specified by the Supreme | ||
Court in accordance with Part 10A of Article II of | ||
the Code of Civil Procedure, into the Mandatory | ||
Arbitration Fund; | ||
(ii) $2 into the Access to Justice Fund; and | ||
(iii) $9 into the Supreme Court Special | ||
Purposes Fund. | ||
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $159 in a county | ||
with a population of 3,000,000 or more and in an amount | ||
not to exceed $125 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(2) SCHEDULE 2: not to exceed a total of $130 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $109 in any other county, except as applied to | ||
units of local government and school districts in counties | ||
with more than 3,000,000 inhabitants an amount not to | ||
exceed $75. The fees collected under this schedule shall | ||
be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not |
to exceed $50 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $10 in | ||
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. | ||
(B) The clerk shall remit $9 to the State | ||
Treasurer, which the State Treasurer shall deposit | ||
into the Supreme Court Special Purpose Fund. | ||
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $71 in a county | ||
with a population of 3,000,000 or more and in an amount | ||
not to exceed $90 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(3) SCHEDULE 3: $0. | ||
(b-5) Kane County and Will County. In Kane County and Will | ||
County civil cases, there is an additional fee of up to $30 as | ||
set by the county board under Section 5-1101.3 of the Counties | ||
Code to be paid by each party at the time of filing the first | ||
pleading, paper, or other appearance; provided that no | ||
additional fee shall be required if more than one party is | ||
represented in a single pleading, paper, or other appearance. | ||
Distribution of fees collected under this subsection (b-5) | ||
shall be as provided in Section 5-1101.3 of the Counties Code. |
(c) Counterclaim or third party complaint. When any | ||
defendant files a counterclaim or third party complaint, as | ||
part of the defendant's answer or otherwise, the defendant | ||
shall pay a filing fee for each counterclaim or third party | ||
complaint in an amount equal to the filing fee the defendant | ||
would have had to pay had the defendant brought a separate | ||
action for the relief sought in the counterclaim or third | ||
party complaint, less the amount of the appearance fee, if | ||
any, that the defendant has already paid in the action in which | ||
the counterclaim or third party complaint is filed. | ||
(d) Alias summons. The clerk shall collect a fee not to | ||
exceed $6 in a county with a population of 3,000,000 or more | ||
and not to exceed $5 in any other county for each alias summons | ||
or citation issued by the clerk, except as applied to units of | ||
local government and school districts in counties with more | ||
than 3,000,000 inhabitants an amount not to exceed $5 for each | ||
alias summons or citation issued by the clerk. | ||
(e) Jury services. The clerk shall collect, in addition to | ||
other fees allowed by law, a sum not to exceed $212.50, as a | ||
fee for the services of a jury in every civil action not | ||
quasi-criminal in its nature and not a proceeding for the | ||
exercise of the right of eminent domain and in every other | ||
action wherein the right of trial by jury is or may be given by | ||
law. The jury fee shall be paid by the party demanding a jury | ||
at the time of filing the jury demand. If the fee is not paid | ||
by either party, no jury shall be called in the action or |
proceeding, and the action or proceeding shall be tried by the | ||
court without a jury. | ||
(f) Change of venue. In connection with a change of venue: | ||
(1) The clerk of the jurisdiction from which the case | ||
is transferred may charge a fee, not to exceed $40, for the | ||
preparation and certification of the record; and | ||
(2) The clerk of the jurisdiction to which the case is | ||
transferred may charge the same filing fee as if it were | ||
the commencement of a new suit. | ||
(g) Petition to vacate or modify. | ||
(1) In a proceeding involving a petition to vacate or | ||
modify any final judgment or order filed within 30 days | ||
after the judgment or order was entered, except for an | ||
eviction case, small claims case, petition to reopen an | ||
estate, petition to modify, terminate, or enforce a | ||
judgment or order for child or spousal support, or | ||
petition to modify, suspend, or terminate an order for | ||
withholding, the fee shall not exceed $60 in a county with | ||
a population of 3,000,000 or more and shall not exceed $50 | ||
in any other county, except as applied to units of local | ||
government and school districts in counties with more than | ||
3,000,000 inhabitants an amount not to exceed $50. | ||
(2) In a proceeding involving a petition to vacate or | ||
modify any final judgment or order filed more than 30 days | ||
after the judgment or order was entered, except for a | ||
petition to modify, terminate, or enforce a judgment or |
order for child or spousal support, or petition to modify, | ||
suspend, or terminate an order for withholding, the fee | ||
shall not exceed $75. | ||
(3) In a proceeding involving a motion to vacate or | ||
amend a final order, motion to vacate an ex parte | ||
judgment, judgment of forfeiture, or "failure to appear" | ||
or "failure to comply" notices sent to the Secretary of | ||
State, the fee shall equal $40. | ||
(h) Appeals preparation. The fee for preparation of a | ||
record on appeal shall be based on the number of pages, as | ||
follows: | ||
(1) if the record contains no more than 100 pages, the | ||
fee shall not exceed $70 in a county with a population of | ||
3,000,000 or more and shall not exceed $50 in any other | ||
county; | ||
(2) if the record contains between 100 and 200 pages, | ||
the fee shall not exceed $100; and | ||
(3) if the record contains 200 or more pages, the | ||
clerk may collect an additional fee not to exceed 25 cents | ||
per page. | ||
(i) Remands. In any cases remanded to the circuit court | ||
from the Supreme Court or the appellate court for a new trial, | ||
the clerk shall reinstate the case with either its original | ||
number or a new number. The clerk shall not charge any new or | ||
additional fee for the reinstatement. Upon reinstatement, the | ||
clerk shall advise the parties of the reinstatement. Parties |
shall have the same right to a jury trial on remand and | ||
reinstatement that they had before the appeal, and no | ||
additional or new fee or charge shall be made for a jury trial | ||
after remand. | ||
(j) Garnishment, wage deduction, and citation. In | ||
garnishment affidavit, wage deduction affidavit, and citation | ||
petition proceedings: | ||
(1) if the amount in controversy in the proceeding is | ||
not more than $1,000, the fee may not exceed $35 in a | ||
county with a population of 3,000,000 or more and may not | ||
exceed $15 in any other county, except as applied to units | ||
of local government and school districts in counties with | ||
more than 3,000,000 inhabitants an amount not to exceed | ||
$15; | ||
(2) if the amount in controversy in the proceeding is | ||
greater than $1,000 and not more than $5,000, the fee may | ||
not exceed $45 in a county with a population of 3,000,000 | ||
or more and may not exceed $30 in any other county, except | ||
as applied to units of local government and school | ||
districts in counties with more than 3,000,000 inhabitants | ||
an amount not to exceed $30; and | ||
(3) if the amount in controversy in the proceeding is | ||
greater than $5,000, the fee may not exceed $65 in a county | ||
with a population of 3,000,000 or more and may not exceed | ||
$50 in any other county, except as applied to units of | ||
local government and school districts in counties with |
more than 3,000,000 inhabitants an amount not to exceed | ||
$50. | ||
(j-5) Debt collection. In any proceeding to collect a debt | ||
subject to the exception in item (ii) of subparagraph (A-5) of | ||
paragraph (1) of subsection (z) of this Section, the circuit | ||
court shall order and the clerk shall collect from each | ||
judgment debtor a fee of: | ||
(1) $35 if the amount in controversy in the proceeding | ||
is not more than $1,000; | ||
(2) $45 if the amount in controversy in the proceeding | ||
is greater than $1,000 and not more than $5,000; and | ||
(3) $65 if the amount in controversy in the proceeding | ||
is greater than $5,000. | ||
(k) Collections. | ||
(1) For all collections made of others, except the | ||
State and county and except in maintenance or child | ||
support cases, the clerk may collect a fee of up to 2.5% of | ||
the amount collected and turned over. | ||
(2) In child support and maintenance cases, the clerk | ||
may collect an annual fee of up to $36 from the person | ||
making payment for maintaining child support records and | ||
the processing of support orders to the State of Illinois | ||
KIDS system and the recording of payments issued by the | ||
State Disbursement Unit for the official record of the | ||
Court. This fee is in addition to and separate from | ||
amounts ordered to be paid as maintenance or child support |
and shall be deposited into a Separate Maintenance and | ||
Child Support Collection Fund, of which the clerk shall be | ||
the custodian, ex officio, to be used by the clerk to | ||
maintain child support orders and record all payments | ||
issued by the State Disbursement Unit for the official | ||
record of the Court. The clerk may recover from the person | ||
making the maintenance or child support payment any | ||
additional cost incurred in the collection of this annual | ||
fee. | ||
(3) The clerk may collect a fee of $5 for | ||
certifications made to the Secretary of State as provided | ||
in Section 7-703 of the Illinois Vehicle Code, and this | ||
fee shall be deposited into the Separate Maintenance and | ||
Child Support Collection Fund. | ||
(4) In proceedings
to foreclose the lien of delinquent | ||
real estate taxes, State's Attorneys
shall receive a fee | ||
of 10%
of the total amount realized from the sale of real | ||
estate sold in the
proceedings. The clerk shall collect | ||
the fee from the total amount realized from
the sale of the | ||
real estate sold in the proceedings and remit to the | ||
County Treasurer to be credited to the earnings of the | ||
Office of the State's Attorney. | ||
(l) Mailing. The fee for the clerk mailing documents shall | ||
not exceed $10 plus the cost of postage. | ||
(m) Certified copies. The fee for each certified copy of a | ||
judgment, after the first copy, shall not exceed $10. |
(n) Certification, authentication, and reproduction. | ||
(1) The fee for each certification or authentication | ||
for taking the acknowledgment of a deed or other | ||
instrument in writing with the seal of office shall not | ||
exceed $6. | ||
(2) The fee for reproduction of any document contained | ||
in the clerk's files shall not exceed: | ||
(A) $2 for the first page; | ||
(B) 50 cents per page for the next 19 pages; and | ||
(C) 25 cents per page for all additional pages. | ||
(o) Record search. For each record search, within a | ||
division or municipal district, the clerk may collect a search | ||
fee not to exceed $6 for each year searched. | ||
(p) Hard copy. For each page of hard copy print output, | ||
when case records are maintained on an automated medium, the | ||
clerk may collect a fee not to exceed $10 in a county with a | ||
population of 3,000,000 or more and not to exceed $6 in any | ||
other county, except as applied to units of local government | ||
and school districts in counties with more than 3,000,000 | ||
inhabitants an amount not to exceed $6. | ||
(q) Index inquiry and other records. No fee shall be | ||
charged for a single plaintiff and defendant index inquiry or | ||
single case record inquiry when this request is made in person | ||
and the records are maintained in a current automated medium, | ||
and when no hard copy print output is requested. The fees to be | ||
charged for management records, multiple case records, and |
multiple journal records may be specified by the Chief Judge | ||
pursuant to the guidelines for access and dissemination of | ||
information approved by the Supreme Court. | ||
(r) Performing a marriage. There shall be a $10 fee for | ||
performing a marriage in court. | ||
(s) Voluntary assignment. For filing each deed of | ||
voluntary assignment, the clerk shall collect a fee not to | ||
exceed $20. For recording a deed of voluntary assignment, the | ||
clerk shall collect a fee not to exceed 50 cents for each 100 | ||
words. Exceptions filed to claims presented to an assignee of | ||
a debtor who has made a voluntary assignment for the benefit of | ||
creditors shall be considered and treated, for the purpose of | ||
taxing costs therein, as actions in which the party or parties | ||
filing the exceptions shall be considered as party or parties | ||
plaintiff, and the claimant or claimants as party or parties | ||
defendant, and those parties respectively shall pay to the | ||
clerk the same fees as provided by this Section to be paid in | ||
other actions. | ||
(t) Expungement petition. The clerk may collect a fee not | ||
to exceed $60 for each expungement petition filed and an | ||
additional fee not to exceed $4 for each certified copy of an | ||
order to expunge arrest records. | ||
(u) Transcripts of judgment. For the filing of a | ||
transcript of judgment, the clerk may collect the same fee as | ||
if it were the commencement of a new suit. | ||
(v) Probate filings. |
(1) For each account (other than one final account) | ||
filed in the estate of a decedent, or ward, the fee shall | ||
not exceed $25. | ||
(2) For filing a claim in an estate when the amount | ||
claimed is greater than $150 and not more than $500, the | ||
fee shall not exceed $40 in a county with a population of | ||
3,000,000 or more and shall not exceed $25 in any other | ||
county; when the amount claimed is greater than $500 and | ||
not more than $10,000, the fee shall not exceed $55 in a | ||
county with a population of 3,000,000 or more and shall | ||
not exceed $40 in any other county; and when the amount | ||
claimed is more than $10,000, the fee shall not exceed $75 | ||
in a county with a population of 3,000,000 or more and | ||
shall not exceed $60 in any other county; except the court | ||
in allowing a claim may add to the amount allowed the | ||
filing fee paid by the claimant. | ||
(3) For filing in an estate a claim, petition, or | ||
supplemental proceeding based upon an action seeking | ||
equitable relief including the construction or contest of | ||
a will, enforcement of a contract to make a will, and | ||
proceedings involving testamentary trusts or the | ||
appointment of testamentary trustees, the fee shall not | ||
exceed $60. | ||
(4) There shall be no fee for filing in an estate: (i) | ||
the appearance of any person for the purpose of consent; | ||
or (ii) the appearance of an executor, administrator, |
administrator to collect, guardian, guardian ad litem, or | ||
special administrator. | ||
(5) For each jury demand, the fee shall not exceed | ||
$137.50. | ||
(6) For each certified copy of letters of office, of | ||
court order, or other certification, the fee shall not | ||
exceed
$2 per page. | ||
(7) For each exemplification, the fee shall not exceed | ||
$2, plus the fee for certification. | ||
(8) The executor, administrator, guardian, petitioner, | ||
or other interested person or his or her attorney shall | ||
pay the cost of publication by the clerk directly to the | ||
newspaper. | ||
(9) The person on whose behalf a charge is incurred | ||
for witness, court reporter, appraiser, or other | ||
miscellaneous fees shall pay the same directly to the | ||
person entitled thereto. | ||
(10) The executor, administrator, guardian, | ||
petitioner, or other interested person or his or her | ||
attorney shall pay to the clerk all postage charges | ||
incurred by the clerk in mailing petitions, orders, | ||
notices, or other documents pursuant to the provisions of | ||
the Probate Act of 1975. | ||
(w) Corrections of numbers. For correction of the case | ||
number, case title, or attorney computer identification | ||
number, if required by rule of court, on any document filed in |
the clerk's office, to be charged against the party that filed | ||
the document, the fee shall not exceed $25. | ||
(x) Miscellaneous. | ||
(1) Interest earned on any fees collected by the clerk | ||
shall be turned over to the county general fund as an | ||
earning of the office. | ||
(2) For any check, draft, or other bank instrument | ||
returned to the clerk for non-sufficient funds, account | ||
closed, or payment stopped, the clerk shall collect a fee | ||
of $25. | ||
(y) Other fees. Any fees not covered in this Section shall | ||
be set by rule or administrative order of the circuit court | ||
with the approval of the Administrative Office of the Illinois | ||
Courts. The clerk of the circuit court may provide services in | ||
connection with the operation of the clerk's office, other | ||
than those services mentioned in this Section, as may be | ||
requested by the public and agreed to by the clerk and approved | ||
by the Chief Judge. Any charges for additional services shall | ||
be as agreed to between the clerk and the party making the | ||
request and approved by the Chief Judge. Nothing in this | ||
subsection shall be construed to require any clerk to provide | ||
any service not otherwise required by law. | ||
(y-5) Unpaid fees. Unless a court ordered payment schedule | ||
is implemented or the fee
requirements of this Section are | ||
waived under a court order, the clerk of
the circuit court may | ||
add to any unpaid fees and costs under this Section a |
delinquency
amount equal to 5% of the unpaid fees that remain | ||
unpaid after 30 days, 10% of
the unpaid fees that remain unpaid | ||
after 60 days, and 15% of the unpaid fees
that remain unpaid | ||
after 90 days. Notice to those parties may be made by
signage | ||
posting or publication. The additional delinquency amounts | ||
collected under this Section shall
be deposited into the | ||
Circuit Court Clerk Operations and Administration Fund and | ||
used to defray additional administrative costs incurred by the | ||
clerk of the
circuit court in collecting unpaid fees and | ||
costs. | ||
(z) Exceptions. | ||
(1) No fee authorized by this Section shall apply to: | ||
(A) police departments or other law enforcement | ||
agencies. In this Section, "law enforcement agency" | ||
means: an agency of the State or agency of a unit of | ||
local government which is vested by law or ordinance | ||
with the duty to maintain public order and to enforce | ||
criminal laws or ordinances; the Attorney General; or | ||
any State's Attorney; | ||
(A-5) any unit of local government or school | ||
district, except in counties having a population of | ||
500,000 or more the county board may by resolution set | ||
fees for units of local government or school districts | ||
no greater than the minimum fees applicable in | ||
counties with a population less than 3,000,000; | ||
provided however, no fee may be charged to any unit of |
local government or school district in connection with | ||
any action which, in whole or in part, is: (i) to | ||
enforce an ordinance; (ii) to collect a debt; or (iii) | ||
under the Administrative Review Law; | ||
(B) any action instituted by the corporate | ||
authority of a municipality with more than 1,000,000 | ||
inhabitants under Section 11-31-1 of the Illinois | ||
Municipal Code and any action instituted under | ||
subsection (b) of Section 11-31-1 of the Illinois | ||
Municipal Code by a private owner or tenant of real | ||
property within 1,200 feet of a dangerous or unsafe | ||
building seeking an order compelling the owner or | ||
owners of the building to take any of the actions | ||
authorized under that subsection; | ||
(C) any commitment petition or petition for an | ||
order authorizing the administration of psychotropic | ||
medication or electroconvulsive therapy under the | ||
Mental Health and Developmental Disabilities Code; | ||
(D) a petitioner in any order of protection | ||
proceeding, including, but not limited to, fees for | ||
filing, modifying, withdrawing, certifying, or | ||
photocopying petitions for orders of protection, | ||
issuing alias summons, any related filing service, or | ||
certifying, modifying, vacating, or photocopying any | ||
orders of protection; or | ||
(E) proceedings for the appointment of a |
confidential intermediary under the Adoption Act. | ||
(2) No fee other than the filing fee contained in the | ||
applicable schedule in subsection (a) shall be charged to | ||
any person in connection with an adoption proceeding. | ||
(3) Upon good cause shown, the court may waive any | ||
fees associated with a special needs adoption. The term | ||
"special needs adoption" has the meaning provided by the | ||
Illinois Department of Children and Family Services. | ||
(aa) This Section is repealed on January 1, 2024 2022 .
| ||
(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19; | ||
100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised | ||
8-18-20.) | ||
(705 ILCS 105/27.1c) | ||
(Section scheduled to be repealed on January 1, 2022) | ||
Sec. 27.1c. Assessment report. | ||
(a) Not later than March 1, 2022, and March 1 of every year | ||
thereafter, February 29, 2020, the clerk of the circuit court | ||
shall submit to the Administrative Office of the Illinois | ||
Courts an annual a report for the period January 1 July 1, 2019 | ||
through December 31 of the previous year. The report shall | ||
contain, , 2019 containing, with respect to each of the 4 | ||
categories of civil cases established by the Supreme Court | ||
pursuant to Section 27.1b of this Act: | ||
(1) the total number of cases that were filed; | ||
(2) the amount of filing fees that were collected |
pursuant to subsection (a) of Section 27.1b; | ||
(3) the amount of appearance fees that were collected | ||
pursuant to subsection (b) of Section 27.1b; | ||
(4) the amount of fees collected pursuant to | ||
subsection (b-5) of Section 27.1b; | ||
(5) the amount of filing fees collected for | ||
counterclaims or third party complaints pursuant to | ||
subsection (c) of Section 27.1b; | ||
(6) the nature and amount of any fees collected | ||
pursuant to subsection (y) of Section 27.1b; and | ||
(7) the number of cases for which, pursuant to Section | ||
5-105 of the Code of Civil Procedure, there were waivers | ||
of fees, costs, and charges of 25%, 50%, 75%, or 100%, | ||
respectively, and the associated amount of fees, costs, | ||
and charges that were waived. | ||
(b) The Administrative Office of the Illinois Courts shall | ||
publish the reports submitted under this Section on its | ||
website. | ||
(c) (Blank). This Section is repealed on January 1, 2022.
| ||
(Source: P.A. 100-1161, eff. 7-1-19; 101-645, eff. 6-26-20.) | ||
Section 30. The Criminal and Traffic Assessment Act is | ||
amended by changing Sections 15-70 and 20-5 as follows: | ||
(705 ILCS 135/15-70)
| ||
(Section scheduled to be repealed on January 1, 2022) |
Sec. 15-70. Conditional assessments. In addition to | ||
payments under one of the Schedule of Assessments 1 through 13 | ||
of this Act, the court shall also order payment of any of the | ||
following conditional assessment amounts for each sentenced | ||
violation in the case to which a conditional assessment is | ||
applicable, which shall be collected and remitted by the Clerk | ||
of the Circuit Court as provided in this Section: | ||
(1) arson, residential arson, or aggravated arson, | ||
$500 per conviction to the State Treasurer for deposit | ||
into the Fire Prevention Fund; | ||
(2) child pornography under Section 11-20.1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, $500 | ||
per conviction, unless more than one agency is responsible | ||
for the arrest in which case the amount shall be remitted | ||
to each unit of government equally: | ||
(A) if the arresting agency is an agency of a unit | ||
of local government, $500 to the treasurer of the unit | ||
of local government for deposit into the unit of local | ||
government's General Fund, except that if the | ||
Department of State Police provides digital or | ||
electronic forensic examination assistance, or both, | ||
to the arresting agency then $100 to the State | ||
Treasurer for deposit into the State Crime Laboratory | ||
Fund; or | ||
(B) if the arresting agency is the Department of | ||
State Police, $500 to the State Treasurer for deposit |
into the State Crime Laboratory Fund; | ||
(3)
crime laboratory drug analysis for a drug-related | ||
offense involving possession or delivery of cannabis or | ||
possession or delivery of a controlled substance as | ||
defined in the Cannabis Control Act, the Illinois | ||
Controlled Substances Act, or the Methamphetamine Control | ||
and Community Protection Act, $100 reimbursement for | ||
laboratory analysis, as set forth in subsection (f) of | ||
Section 5-9-1.4 of the Unified Code of Corrections; | ||
(4)
DNA analysis, $250 on each conviction in which it | ||
was used to the State Treasurer for deposit into the State | ||
Offender DNA Identification System Fund as set forth in | ||
Section 5-4-3 of the Unified Code of Corrections; | ||
(5)
DUI analysis, $150 on each sentenced violation in | ||
which it was used as set forth in subsection (f) of Section | ||
5-9-1.9 of the Unified Code of Corrections; | ||
(6) drug-related
offense involving possession or | ||
delivery of cannabis or possession or delivery
of a | ||
controlled substance, other than methamphetamine, as | ||
defined in the Cannabis Control Act
or the Illinois | ||
Controlled Substances Act, an amount not less than
the | ||
full street value of the cannabis or controlled substance | ||
seized for each conviction to be disbursed as follows: | ||
(A) 12.5% of the street value assessment shall be | ||
paid into the Youth Drug Abuse Prevention Fund, to be | ||
used by the Department of Human Services for the |
funding of programs and services for drug-abuse | ||
treatment, and prevention and education services; | ||
(B) 37.5% to the county in which the charge was | ||
prosecuted, to be deposited into the county General | ||
Fund; | ||
(C) 50% to the treasurer of the arresting law | ||
enforcement agency of the municipality or county, or | ||
to the State Treasurer if the arresting agency was a | ||
state agency , to be deposited as provided in | ||
subsection (c) of Section 10-5 ; | ||
(D) if the arrest was made in combination with | ||
multiple law enforcement agencies, the clerk shall | ||
equitably allocate the portion in subparagraph (C) of | ||
this paragraph (6) among the law enforcement agencies | ||
involved in the arrest; | ||
(6.5) Kane County or Will County, in felony, | ||
misdemeanor, local or county ordinance, traffic, or | ||
conservation cases, up to $30 as set by the county board | ||
under Section 5-1101.3 of the Counties Code upon the entry | ||
of a judgment of conviction, an order of supervision, or a | ||
sentence of probation without entry of judgment under | ||
Section 10 of the Cannabis Control Act, Section 410 of the | ||
Illinois Controlled Substances Act, Section 70 of the | ||
Methamphetamine Control and Community Protection Act, | ||
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012, |
Section 10-102 of the Illinois Alcoholism and Other Drug | ||
Dependency Act, or Section 10 of the Steroid Control Act; | ||
except in local or county ordinance, traffic, and | ||
conservation cases, if fines are paid in full without a | ||
court appearance, then the assessment shall not be imposed | ||
or collected. Distribution of assessments collected under | ||
this paragraph (6.5) shall be as provided in Section | ||
5-1101.3 of the Counties Code; | ||
(7) methamphetamine-related
offense involving | ||
possession or delivery of methamphetamine or any salt of | ||
an optical isomer of methamphetamine or possession of a | ||
methamphetamine manufacturing material as set forth in | ||
Section 10 of the Methamphetamine Control and Community | ||
Protection Act with the intent to manufacture a substance | ||
containing methamphetamine or salt of an optical isomer of | ||
methamphetamine, an amount not less than
the full street | ||
value of the methamphetamine or salt of an optical isomer | ||
of methamphetamine or methamphetamine manufacturing | ||
materials seized for each conviction to be disbursed as | ||
follows: | ||
(A) 12.5% of the street value assessment shall be | ||
paid into the Youth Drug Abuse Prevention Fund, to be | ||
used by the Department of Human Services for the | ||
funding of programs and services for drug-abuse | ||
treatment, and prevention and education services; | ||
(B) 37.5% to the county in which the charge was |
prosecuted, to be deposited into the county General | ||
Fund; | ||
(C) 50% to the treasurer of the arresting law | ||
enforcement agency of the municipality or county, or | ||
to the State Treasurer if the arresting agency was a | ||
state agency , to be deposited as provided in | ||
subsection (c) of Section 10-5 ; | ||
(D) if the arrest was made in combination with | ||
multiple law enforcement agencies, the clerk shall | ||
equitably allocate the portion in subparagraph (C) of | ||
this paragraph (6) among the law enforcement agencies | ||
involved in the arrest; | ||
(8)
order of protection violation under Section 12-3.4 | ||
of the Criminal Code of 2012, $200 for each conviction to | ||
the county treasurer for deposit into the Probation and | ||
Court Services Fund for implementation of a domestic | ||
violence surveillance program and any other assessments or | ||
fees imposed under Section 5-9-1.16 of the Unified Code of | ||
Corrections; | ||
(9)
order of protection violation, $25 for each | ||
violation to the State Treasurer, for deposit into the | ||
Domestic Violence Abuser Services Fund; | ||
(10)
prosecution by the State's Attorney of a: | ||
(A) petty or business offense, $4 to the county | ||
treasurer of which $2 deposited into the State's | ||
Attorney Records Automation Fund and $2 into the |
Public Defender Records Automation Fund; | ||
(B) conservation or traffic offense, $2 to the | ||
county treasurer for deposit into the State's Attorney | ||
Records Automation Fund; | ||
(11) speeding in a construction zone violation, $250 | ||
to the State Treasurer for deposit into the Transportation | ||
Safety Highway Hire-back Fund, unless (i) the violation | ||
occurred on a highway other than an interstate highway and | ||
(ii) a county police officer wrote the ticket for the | ||
violation, in which case to the county treasurer for | ||
deposit into that county's Transportation Safety Highway | ||
Hire-back Fund; | ||
(12) supervision disposition on an offense under the | ||
Illinois Vehicle Code or similar provision of a local | ||
ordinance, 50 cents, unless waived by the court, into the | ||
Prisoner Review Board Vehicle and Equipment Fund; | ||
(13) victim and offender are family or household | ||
members as defined in Section 103 of the Illinois Domestic | ||
Violence Act of 1986 and offender pleads guilty
or no | ||
contest to or is convicted of murder, voluntary | ||
manslaughter,
involuntary manslaughter, burglary, | ||
residential burglary, criminal trespass
to residence, | ||
criminal trespass to vehicle, criminal trespass to land,
| ||
criminal damage to property, telephone harassment, | ||
kidnapping, aggravated
kidnaping, unlawful restraint, | ||
forcible detention, child abduction,
indecent solicitation |
of a child, sexual relations between siblings,
| ||
exploitation of a child, child pornography, assault, | ||
aggravated assault,
battery, aggravated battery, heinous | ||
battery, aggravated battery of a
child, domestic battery, | ||
reckless conduct, intimidation, criminal sexual
assault, | ||
predatory criminal sexual assault of a child, aggravated | ||
criminal
sexual assault, criminal sexual abuse,
aggravated | ||
criminal sexual abuse, violation of an order of | ||
protection,
disorderly conduct, endangering the life or | ||
health of a child, child
abandonment, contributing to | ||
dependency or neglect of child, or cruelty to
children and | ||
others, $200 for each sentenced violation to the State | ||
Treasurer
for deposit as follows: (i) for sexual assault, | ||
as defined in Section 5-9-1.7 of the Unified Code of | ||
Corrections, when
the offender and victim are family | ||
members, one-half to the Domestic Violence
Shelter and | ||
Service Fund, and one-half to the Sexual Assault Services | ||
Fund;
(ii) for the remaining offenses to the Domestic | ||
Violence Shelter and Service
Fund; | ||
(14)
violation of Section 11-501 of the Illinois | ||
Vehicle Code, Section 5-7 of the Snowmobile Registration | ||
and Safety Act, Section 5-16 of the Boat Registration and | ||
Safety Act, or a similar provision, whose operation of a | ||
motor vehicle, snowmobile, or watercraft while in | ||
violation of Section 11-501, Section 5-7 of the Snowmobile | ||
Registration and Safety Act, Section 5-16 of the Boat |
Registration and Safety Act, or a similar provision | ||
proximately caused an incident resulting in an appropriate | ||
emergency response, $1,000 maximum to the public agency | ||
that provided an emergency response related to the | ||
person's violation, or as provided in subsection (c) of | ||
Section 10-5 if the arresting agency was a State agency, | ||
unless more than one agency was responsible for the | ||
arrest, in which case the amount shall be remitted to each | ||
unit of government equally and if more than one
agency | ||
responded, the amount payable to public agencies shall be | ||
shared equally ; | ||
(15)
violation of Section 401, 407, or 407.2 of the | ||
Illinois Controlled Substances Act that proximately caused | ||
any incident resulting in an appropriate drug-related | ||
emergency response, $1,000 as reimbursement for the | ||
emergency response to the law enforcement agency that
made | ||
the arrest, or as provided in subsection (c) of Section | ||
10-5 if the arresting agency was a State agency, unless | ||
more than one agency was responsible for the arrest, in | ||
which case the amount shall be remitted to each unit of | ||
government equally and if more than one
agency is | ||
responsible for the arrest, the amount payable to law
| ||
enforcement agencies shall be shared equally ; | ||
(16)
violation of reckless driving, aggravated | ||
reckless driving, or driving 26 miles per hour or more in | ||
excess of the speed limit that triggered an emergency |
response, $1,000 maximum reimbursement for the emergency | ||
response to be distributed in its entirety to a public | ||
agency that provided an emergency response related to the | ||
person's violation, or as provided in subsection (c) of | ||
Section 10-5 if the arresting agency was a State agency, | ||
unless more than one agency was responsible for the | ||
arrest, in which case the amount shall be remitted to each | ||
unit of government equally and if more than one
agency | ||
responded, the amount payable to public agencies shall be | ||
shared equally ; | ||
(17) violation based upon each plea of guilty, | ||
stipulation of facts, or finding of guilt resulting in a | ||
judgment of conviction or order of supervision for an | ||
offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of | ||
the Criminal Code of 2012 that results in the imposition | ||
of a fine, to be distributed as follows:
| ||
(A) $50 to the county treasurer for deposit into | ||
the Circuit Court Clerk Operation and Administrative | ||
Fund to cover the costs in administering this | ||
paragraph (17);
| ||
(B) $300 to the State Treasurer who shall deposit | ||
the portion as follows:
| ||
(i) if the arresting or investigating agency | ||
is the Department of State
Police, into the State | ||
Police Law Enforcement Administration Fund;
| ||
(ii) if the arresting or investigating agency |
is the Department of
Natural Resources, into the | ||
Conservation Police Operations Assistance Fund;
| ||
(iii) if the arresting or investigating agency | ||
is the Secretary of State,
into the Secretary of | ||
State Police Services Fund;
| ||
(iv) if the arresting or investigating agency | ||
is the Illinois Commerce
Commission, into the | ||
Transportation Regulatory Fund; or
| ||
(v) if more than one of the State agencies in | ||
this subparagraph (B) is the arresting or | ||
investigating agency, then equal shares with the | ||
shares deposited as provided in the applicable | ||
items (i) through (iv) of this subparagraph (B); | ||
and | ||
(C) the remainder for deposit into the Specialized | ||
Services for Survivors of Human Trafficking Fund;
| ||
(18) weapons violation under Section 24-1.1, 24-1.2, | ||
or 24-1.5 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012, $100 for each conviction to the State Treasurer | ||
for deposit into the Trauma Center Fund; and
| ||
(19) violation of subsection (c) of Section 11-907 of | ||
the Illinois Vehicle Code, $250 to the State Treasurer for | ||
deposit into the Scott's Law Fund, unless a county or | ||
municipal police officer wrote the ticket for the | ||
violation, in which case to the county treasurer for | ||
deposit into that county's or municipality's |
Transportation Safety Highway Hire-back Fund to be used as | ||
provided in subsection (j) of Section 11-907 of the | ||
Illinois Vehicle Code. | ||
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19; | ||
101-173, eff. 1-1-20; 101-636, eff. 6-10-20.) | ||
(705 ILCS 135/20-5)
| ||
(Section scheduled to be repealed on January 1, 2022) | ||
Sec. 20-5. Repeal. This Act is repealed on January 1, 2024 | ||
2022 .
| ||
(Source: P.A. 100-987, eff. 7-1-19; 101-645, eff. 6-26-20.) | ||
Section 35. The Cannabis Control Act is amended by | ||
changing Section 8 as follows:
| ||
(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
| ||
Sec. 8. Except as otherwise provided in the Cannabis | ||
Regulation and Tax Act and the Industrial Hemp Act, it is | ||
unlawful for any person knowingly to produce the Cannabis
| ||
sativa plant or to possess such plants unless production or | ||
possession
has been authorized pursuant to the provisions of | ||
Section 11 or 15.2 of the Act.
Any person who violates this | ||
Section with respect to production or possession of:
| ||
(a) Not more than 5 plants is guilty of a civil | ||
violation punishable by a minimum fine of $100 and a | ||
maximum fine of $200. The proceeds of the fine are payable |
to the clerk of the circuit court. Within 30 days after the | ||
deposit of the fine, the clerk shall distribute the | ||
proceeds of the fine as follows: | ||
(1) $10 of the fine to the circuit clerk and $10 of | ||
the fine to the law enforcement agency that issued the | ||
citation; the proceeds of each $10 fine distributed to | ||
the circuit clerk and each $10 fine distributed to the | ||
law enforcement agency that issued the citation for | ||
the violation shall be used to defer the cost of | ||
automatic expungements under paragraph (2.5) of | ||
subsection (a) of Section 5.2 of the Criminal | ||
Identification Act; | ||
(2) $15 to the county to fund drug addiction | ||
services; | ||
(3) $10 to the Office of the State's Attorneys | ||
Appellate Prosecutor for use in training programs; | ||
(4) $10 to the State's Attorney; and | ||
(5) any remainder of the fine to the law | ||
enforcement agency that issued the citation for the | ||
violation. | ||
With respect to funds designated for the Department of | ||
State Police, the moneys shall be remitted by the circuit | ||
court clerk to the State Treasurer Department of State | ||
Police within one month after receipt for deposit into the | ||
State Police Operations Assistance Fund. With respect to | ||
funds designated for the Department of Natural Resources, |
the Department of Natural Resources shall deposit the | ||
moneys into the Conservation Police Operations Assistance | ||
Fund.
| ||
(b) More than 5, but not more than 20 plants, is guilty
| ||
of a Class 4 felony.
| ||
(c) More than 20, but not more than 50 plants, is
| ||
guilty of a Class 3 felony.
| ||
(d) More than 50, but not more than 200 plants, is | ||
guilty of a Class 2 felony for which
a fine not to exceed | ||
$100,000 may be imposed and for which liability for
the | ||
cost of conducting the investigation and eradicating such | ||
plants may be
assessed. Compensation for expenses incurred | ||
in the enforcement of this
provision shall be transmitted | ||
to and deposited in the treasurer's office
at the level of | ||
government represented by the Illinois law enforcement
| ||
agency whose officers or employees conducted the | ||
investigation or caused
the arrest or arrests leading to | ||
the prosecution, to be subsequently made
available to that | ||
law enforcement agency as expendable receipts for use in
| ||
the enforcement of laws regulating controlled substances | ||
and cannabis. If
such seizure was made by a combination of | ||
law enforcement personnel
representing different levels of | ||
government, the court levying the
assessment shall | ||
determine the allocation of such assessment. The proceeds
| ||
of assessment awarded to the State treasury shall be | ||
deposited in a special
fund known as the Drug Traffic |
Prevention Fund. | ||
(e) More than 200 plants is guilty of a Class 1 felony | ||
for which
a fine not to exceed $100,000 may be imposed and | ||
for which liability for
the cost of conducting the | ||
investigation and eradicating such plants may be
assessed. | ||
Compensation for expenses incurred in the enforcement of | ||
this
provision shall be transmitted to and deposited in | ||
the treasurer's office
at the level of government | ||
represented by the Illinois law enforcement
agency whose | ||
officers or employees conducted the investigation or | ||
caused
the arrest or arrests leading to the prosecution, | ||
to be subsequently made
available to that law enforcement | ||
agency as expendable receipts for use in
the enforcement | ||
of laws regulating controlled substances and cannabis. If
| ||
such seizure was made by a combination of law enforcement | ||
personnel
representing different levels of government, the | ||
court levying the
assessment shall determine the | ||
allocation of such assessment. The proceeds
of assessment | ||
awarded to the State treasury shall be deposited in a | ||
special
fund known as the Drug Traffic Prevention Fund.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||
Section 40. The Unified Code of Corrections is amended by | ||
changing Section 5-9-1.9 as follows:
| ||
(730 ILCS 5/5-9-1.9)
|
Sec. 5-9-1.9. DUI analysis fee.
| ||
(a) "Crime laboratory" means a not-for-profit laboratory | ||
substantially
funded by a single unit or combination of units | ||
of local government or the
State of
Illinois that regularly | ||
employs at least one person engaged in the DUI
analysis of | ||
blood, other bodily substance, and urine for criminal justice | ||
agencies in criminal matters
and provides testimony with | ||
respect to such examinations.
| ||
"DUI analysis" means an analysis of blood, other bodily | ||
substance, or urine for purposes of
determining whether a | ||
violation of Section 11-501 of the Illinois Vehicle Code
has | ||
occurred.
| ||
(b) (Blank).
| ||
(c) In addition to any other disposition made under the | ||
provisions of
the Juvenile Court Act of 1987, any minor | ||
adjudicated delinquent for an offense
which if committed by an | ||
adult would constitute a violation of Section 11-501
of the | ||
Illinois Vehicle Code shall pay a crime laboratory DUI | ||
analysis assessment
of $150 for each adjudication. Upon | ||
verified petition of the minor, the
court may suspend payment | ||
of all or part of the assessment if it finds
that the minor | ||
does not have the ability to pay the assessment. The parent, | ||
guardian,
or legal custodian of the minor may pay some or all | ||
of the assessment on the minor's
behalf.
| ||
(d) All crime laboratory DUI analysis assessments provided | ||
for by this Section
shall
be collected by the clerk of the |
court and forwarded to the appropriate crime
laboratory DUI | ||
fund as provided in subsection (f).
| ||
(e) Crime laboratory funds shall be established as | ||
follows:
| ||
(1) A unit of local government that maintains a crime | ||
laboratory may
establish a crime laboratory DUI fund | ||
within the office of the county or
municipal treasurer.
| ||
(2) Any combination of units of local government that | ||
maintains a crime
laboratory may establish a crime | ||
laboratory DUI fund within the office of the
treasurer of | ||
the county where the crime laboratory is situated.
| ||
(3) The State Police DUI Fund is created as a
special | ||
fund in
the State Treasury.
| ||
(f) The analysis assessment provided for in subsection (c) | ||
of this Section
shall be forwarded to the office of the | ||
treasurer of the unit of local
government that performed the | ||
analysis if that unit of local government has
established a | ||
crime laboratory DUI fund, or remitted to the State Treasurer | ||
for deposit
into the State Crime Laboratory Fund if the | ||
analysis was
performed by a
laboratory operated by the | ||
Department of State Police. If the analysis was
performed by a | ||
crime laboratory funded by a combination of units of local
| ||
government, the analysis assessment shall be forwarded to the | ||
treasurer of the county
where the crime laboratory is situated | ||
if a crime laboratory DUI fund has been
established in that | ||
county. If the unit of local government or combination of
|
units of local government has not established a crime | ||
laboratory DUI fund, then
the analysis assessment shall be | ||
remitted forwarded to the State Treasurer for deposit into
the | ||
State Crime Laboratory Fund.
| ||
(g) Moneys deposited into a crime laboratory DUI fund | ||
created under
paragraphs (1) and (2) of subsection (e) of this | ||
Section shall be in addition
to any allocations made pursuant | ||
to existing law and shall be designated for
the exclusive use | ||
of the crime laboratory. These uses may include, but are not
| ||
limited to, the following:
| ||
(1) Costs incurred in providing analysis for DUI | ||
investigations conducted
within this State.
| ||
(2) Purchase and maintenance of equipment for use in | ||
performing analyses.
| ||
(3) Continuing education, training, and professional | ||
development of
forensic scientists regularly employed by | ||
these laboratories.
| ||
(h) Moneys deposited in the State Crime Laboratory Fund
| ||
shall be used by
State crime laboratories as designated by the | ||
Director of State Police. These
funds shall be in addition to | ||
any allocations made according to existing law
and shall be | ||
designated for the exclusive use of State crime laboratories.
| ||
These uses may include those enumerated in subsection (g) of | ||
this Section.
| ||
(Source: P.A. 99-697, eff. 7-29-16; 100-987, eff. 7-1-19; | ||
100-1161, eff. 7-1-19 .)
|
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|