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Public Act 103-0609 | ||||
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AN ACT concerning State government. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Seizure and Forfeiture Reporting Act is | ||||
amended by changing Section 10 as follows: | ||||
(5 ILCS 810/10) | ||||
Sec. 10. Reporting by law enforcement agency. | ||||
(a) Each law enforcement agency that seizes property | ||||
subject to reporting under this Act shall report the following | ||||
information about property seized or forfeited under State | ||||
law: | ||||
(1) the name of the law enforcement agency that seized | ||||
the property; | ||||
(2) the date of the seizure; | ||||
(3) the type of property seized, including a building, | ||||
vehicle, boat, cash, negotiable security, or firearm, | ||||
except reporting is not required for seizures of | ||||
contraband including alcohol, gambling devices, drug | ||||
paraphernalia, and controlled substances; | ||||
(4) a description of the property seized and the | ||||
estimated value of the property and if the property is a | ||||
conveyance, the description shall include the make, model, | ||||
year, and vehicle identification number or serial number; |
and | ||
(5) the location where the seizure occurred. | ||
The filing requirement shall be met upon filing Illinois | ||
State Police Notice/Inventory of Seized Property (Form 4-64) | ||
with the State's Attorney's Office in the county where the | ||
forfeiture action is being commenced or with the Attorney | ||
General's Office if the forfeiture action is being commenced | ||
by that office, and the forwarding of Form 4-64 upon approval | ||
of the State's Attorney's Office or the Attorney General's | ||
Office to the Illinois State Police Asset Forfeiture Section. | ||
With regard to seizures for which Form 4-64 is not required to | ||
be filed, the filing requirement shall be met by the filing of | ||
an annual summary report with the Illinois State Police no | ||
later than 60 days after December 31 of that year. | ||
(b) Each law enforcement agency, including a drug task | ||
force or Metropolitan Enforcement Group (MEG) unit, that | ||
receives proceeds from forfeitures subject to reporting under | ||
this Act shall file an annual report with the Illinois State | ||
Police no later than 60 days after December 31 of that year. | ||
The format of the report shall be developed by the Illinois | ||
State Police and shall be completed by the law enforcement | ||
agency. The report shall include, at a minimum, the amount of | ||
funds and other property distributed to the law enforcement | ||
agency by the Illinois State Police, the amount of funds | ||
expended by the law enforcement agency, and the category of | ||
expenditure, including: |
(1) crime, gang, or abuse prevention or intervention | ||
programs; | ||
(2) compensation or services for crime victims; | ||
(3) witness protection, informant fees, and controlled | ||
purchases of contraband; | ||
(4) salaries, overtime, and benefits, as permitted by | ||
law; | ||
(5) operating expenses, including but not limited to, | ||
capital expenditures for vehicles, firearms, equipment, | ||
computers, furniture, office supplies, postage, printing, | ||
membership fees paid to trade associations, and fees for | ||
professional services including auditing, court reporting, | ||
expert witnesses, and attorneys; | ||
(6) travel, meals, entertainment, conferences, | ||
training, and continuing education seminars; and | ||
(7) other expenditures of forfeiture proceeds. | ||
(c) The Illinois State Police shall establish and maintain | ||
on its official website a public database that includes annual | ||
aggregate data for each law enforcement agency that reports | ||
seizures of property under subsection (a) of this Section, | ||
that receives distributions of forfeiture proceeds subject to | ||
reporting under this Act, or reports expenditures under | ||
subsection (b) of this Section. This aggregate data shall | ||
include, for each law enforcement agency: | ||
(1) the total number of asset seizures reported by | ||
each law enforcement agency during the calendar year; |
(2) the monetary value of all currency or its | ||
equivalent seized by the law enforcement agency during the | ||
calendar year; | ||
(3) the number of conveyances seized by the law | ||
enforcement agency during the calendar year, and the | ||
aggregate estimated value; | ||
(4) the aggregate estimated value of all other | ||
property seized by the law enforcement agency during the | ||
calendar year; | ||
(5) the monetary value of distributions by the | ||
Illinois State Police of forfeited currency or auction | ||
proceeds from forfeited property to the law enforcement | ||
agency during the calendar year; and | ||
(6) the total amount of the law enforcement agency's | ||
expenditures of forfeiture proceeds during the calendar | ||
year, categorized as provided under subsection (b) of this | ||
Section. | ||
The database shall not provide names, addresses, phone | ||
numbers, or other personally identifying information of owners | ||
or interest holders, persons, business entities, covert office | ||
locations, or business entities involved in the forfeiture | ||
action and shall not disclose the vehicle identification | ||
number or serial number of any conveyance. | ||
(d) The Illinois State Police shall adopt rules to | ||
administer the asset forfeiture program, including the | ||
categories of authorized expenditures consistent with the |
statutory guidelines for each of the included forfeiture | ||
statutes, the use of forfeited funds, other expenditure | ||
requirements, and the reporting of seizure and forfeiture | ||
information. The Illinois State Police may adopt rules | ||
necessary to implement this Act through the use of emergency | ||
rulemaking under Section 5-45 of the Illinois Administrative | ||
Procedure Act for a period not to exceed 180 days after the | ||
effective date of this Act. | ||
(e) The Illinois State Police shall have authority and | ||
oversight over all law enforcement agencies receiving | ||
forfeited funds from the Illinois State Police. This authority | ||
shall include enforcement of rules and regulations adopted by | ||
the Illinois State Police and sanctions for violations of any | ||
rules and regulations, including the withholding of | ||
distributions of forfeiture proceeds from the law enforcement | ||
agency in violation. | ||
(f) Upon application by a law enforcement agency to the | ||
Illinois State Police, the reporting of a particular asset | ||
forfeited under this Section may be delayed if the asset in | ||
question was seized from a person who has become a | ||
confidential informant under the agency's confidential | ||
informant policy, or if the asset was seized as part of an | ||
ongoing investigation. This delayed reporting shall be granted | ||
by the Illinois State Police for a maximum period of 6 months | ||
if the confidential informant is still providing cooperation | ||
to law enforcement or the investigation is still ongoing, |
after which the asset shall be reported as required under this | ||
Act. | ||
(g) The Illinois State Police shall, on or before January | ||
1, 2019, establish and implement the requirements of this Act. | ||
In order to implement the reporting and public database | ||
requirements under this Act, the Illinois State Police Asset | ||
Forfeiture Section requires a one-time upgrade of its | ||
information technology software and hardware. This one-time | ||
upgrade shall be funded by a temporary allocation of 5% of all | ||
forfeited currency and 5% of the auction proceeds from each | ||
forfeited asset, which are to be distributed after the | ||
effective date of this Act. The Illinois State Police shall | ||
transfer these funds at the time of distribution to a separate | ||
fund established by the Illinois State Police. Moneys | ||
deposited in this fund shall be accounted for and shall be used | ||
only to pay for the actual one-time cost of purchasing and | ||
installing the hardware and software required to comply with | ||
this new reporting and public database requirement. Moneys | ||
deposited in the fund shall not be subject to reappropriation, | ||
reallocation, or redistribution for any other purpose. After | ||
sufficient funds are transferred to the fund to cover the | ||
actual one-time cost of purchasing and installing the hardware | ||
and software required to comply with this new reporting and | ||
public database requirement, no additional funds shall be | ||
transferred to the fund for any purpose. At the completion of | ||
the one-time upgrade of the information technology hardware |
and software to comply with this new reporting and public | ||
database requirement, any remaining funds in the fund shall be | ||
returned to the participating agencies under the distribution | ||
requirements of the statutes from which the funds were | ||
transferred, and the fund shall no longer exist. | ||
(h)(1) The Illinois State Police, in consultation with and | ||
subject to the approval of the Chief Procurement Officer, may | ||
procure a single contract or multiple contracts to implement | ||
this Act. | ||
(2) A contract or contracts under this subsection (h) are | ||
not subject to the Illinois Procurement Code, except for | ||
Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of | ||
that Code, provided that the Chief Procurement Officer may, in | ||
writing with justification, waive any certification required | ||
under Article 50 of the Illinois Procurement Code. The | ||
provisions of this paragraph (2), other than this sentence, | ||
are inoperative on and after July 1, 2019. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
Section 10. The Illinois State Police Law of the Civil | ||
Administrative Code of Illinois is amended by changing | ||
Sections 2605-35, 2605-40, 2605-605, and 2605-615 as follows: | ||
(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3) | ||
Sec. 2605-35. Division of Criminal Investigation. | ||
(a) The Division of Criminal Investigation shall exercise |
the following functions and those in Section 2605-30: | ||
(1) Exercise the rights, powers, and duties vested by | ||
law in the Illinois State Police by the Illinois Horse | ||
Racing Act of 1975, including those set forth in Section | ||
2605-215. | ||
(2) Investigate the origins, activities, personnel, | ||
and incidents of crime and enforce the criminal laws of | ||
this State related thereto. | ||
(3) Enforce all laws regulating the production, sale, | ||
prescribing, manufacturing, administering, transporting, | ||
having in possession, dispensing, delivering, | ||
distributing, or use of controlled substances and | ||
cannabis. | ||
(4) Cooperate with the police of cities, villages, and | ||
incorporated towns and with the police officers of any | ||
county in enforcing the laws of the State and in making | ||
arrests and recovering property. | ||
(5) Apprehend and deliver up any person charged in | ||
this State or any other state with treason or a felony or | ||
other crime who has fled from justice and is found in this | ||
State. | ||
(6) Investigate recipients and providers under the | ||
Illinois Public Aid Code and any personnel involved in the | ||
administration of the Code who are suspected of any | ||
violation of the Code pertaining to fraud in the | ||
administration, receipt, or provision of assistance and |
pertaining to any violation of criminal law; and exercise | ||
the functions required under Section 2605-220 in the | ||
conduct of those investigations. | ||
(7) Conduct other investigations as provided by law, | ||
including, but not limited to, investigations of human | ||
trafficking, illegal drug trafficking, illegal firearms | ||
trafficking, and cyber crimes that can be investigated and | ||
prosecuted in Illinois. | ||
(8) Investigate public corruption. | ||
(9) Exercise other duties that may be assigned by the | ||
Director in order to fulfill the responsibilities and | ||
achieve the purposes of the Illinois State Police, which | ||
may include the coordination of gang, terrorist, and | ||
organized crime prevention, control activities, and | ||
assisting local law enforcement in their crime control | ||
activities. | ||
(10) Conduct investigations (and cooperate with | ||
federal law enforcement agencies in the investigation) of | ||
any property-related crimes, such as money laundering, | ||
involving individuals or entities listed on the sanctions | ||
list maintained by the U.S. Department of Treasury's | ||
Office of Foreign Asset Control. | ||
(11) Oversee Illinois State Police special weapons and | ||
tactics (SWAT) teams, including law enforcement response | ||
to weapons of mass destruction. | ||
(12) Oversee Illinois State Police air operations. |
(13) Investigate criminal domestic terrorism | ||
incidents, and otherwise deter all criminal threats to | ||
Illinois. | ||
(a-5) The Division of Criminal Investigation shall gather | ||
information, intelligence, and evidence to facilitate the | ||
identification, apprehension, and prosecution of persons | ||
responsible for committing crime; to provide specialized | ||
intelligence and analysis, investigative, tactical, and | ||
technological services in support of law enforcement | ||
operations throughout the State of Illinois; and to oversee | ||
and operate the statewide criminal intelligence fusion center. | ||
(b) (Blank). | ||
(b-5) The Division of Criminal Investigation shall | ||
cooperate and liaise with all federal law enforcement and | ||
other partners on criminal investigations, intelligence, | ||
information sharing, and national security planning and | ||
response. | ||
(c) The Division of Criminal Investigation shall provide | ||
statewide coordination and strategy pertaining to | ||
firearm-related intelligence, firearms trafficking | ||
interdiction, and investigations reaching across all divisions | ||
of the Illinois State Police, including providing crime gun | ||
intelligence support for suspects and firearms involved in | ||
firearms trafficking or the commission of a crime involving | ||
firearms that is investigated by the Illinois State Police and | ||
other federal, State, and local law enforcement agencies, with |
the objective of reducing and preventing illegal possession | ||
and use of firearms, firearms trafficking, firearm-related | ||
homicides, and other firearm-related violent crimes in | ||
Illinois. | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; | ||
102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23; 103-34, eff. | ||
1-1-24 .) | ||
(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4) | ||
Sec. 2605-40. Division of Forensic Services. The Division | ||
of Forensic Services shall exercise the following functions: | ||
(1) Provide crime scene services and traffic crash | ||
reconstruction and examine digital evidence . | ||
(2) Exercise the rights, powers, and duties vested by | ||
law in the Illinois State Police by Section 2605-300 of | ||
this Law. | ||
(3) Provide assistance to local law enforcement | ||
agencies through training, management, and consultant | ||
services. | ||
(4) (Blank). | ||
(5) Exercise other duties that may be assigned by the | ||
Director in order to fulfill the responsibilities and | ||
achieve the purposes of the Illinois State Police. | ||
(6) Establish and operate a forensic science | ||
laboratory system, including a forensic toxicological | ||
laboratory service, for the purpose of testing specimens |
submitted by coroners and other law enforcement officers | ||
in their efforts to determine whether alcohol, drugs, or | ||
poisonous or other toxic substances have been involved in | ||
deaths, accidents, or illness. Forensic laboratories shall | ||
be established in Springfield, Chicago, and elsewhere in | ||
the State as needed. | ||
(6.5) Establish administrative rules in order to set | ||
forth standardized requirements for the disclosure of | ||
toxicology results and other relevant documents related to | ||
a toxicological analysis. These administrative rules are | ||
to be adopted to produce uniform and sufficient | ||
information to allow a proper, well-informed determination | ||
of the admissibility of toxicology evidence and to ensure | ||
that this evidence is presented competently. These | ||
administrative rules are designed to provide a minimum | ||
standard for compliance of toxicology evidence and are not | ||
intended to limit the production and discovery of material | ||
information. | ||
(7) Subject to specific appropriations made for these | ||
purposes, establish and coordinate a system for providing | ||
accurate and expedited forensic science and other | ||
investigative and laboratory services to local law | ||
enforcement agencies and local State's Attorneys in aid of | ||
the investigation and trial of capital cases. | ||
(8) Exercise the rights, powers, and duties vested by | ||
law in the Illinois State Police under the Sexual Assault |
Evidence Submission Act. | ||
(9) Serve as the State central repository for all | ||
genetic marker grouping analysis information and exercise | ||
the rights, powers, and duties vested by law in the | ||
Illinois State Police under Section 5-4-3 of the Unified | ||
Code of Corrections. | ||
(10) Issue reports required under Section 5-4-3a of | ||
the Unified Code of Corrections. | ||
(11) Oversee the Electronic Laboratory Information | ||
Management System under Section 5-4-3b of the Unified Code | ||
of Corrections. | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; | ||
103-34, eff. 1-1-24 .) | ||
(20 ILCS 2605/2605-605) | ||
Sec. 2605-605. Violent Crime Intelligence Task Force. The | ||
Director of the Illinois State Police shall establish a | ||
statewide multi-jurisdictional Violent Crime Intelligence Task | ||
Force led by the Illinois State Police dedicated to combating | ||
gun violence, gun-trafficking, and other violent crime with | ||
the primary mission of preservation of life and reducing the | ||
occurrence and the fear of crime. The objectives of the Task | ||
Force shall include, but not be limited to, reducing and | ||
preventing illegal possession and use of firearms, | ||
firearm-related homicides, and other violent crimes, and | ||
solving firearm-related crimes. |
(1) The Task Force may develop and acquire information, | ||
training, tools, and resources necessary to implement a | ||
data-driven approach to policing, with an emphasis on | ||
intelligence development. | ||
(2) The Task Force may utilize information sharing, | ||
partnerships, crime analysis, and evidence-based practices to | ||
assist in the reduction of firearm-related shootings, | ||
homicides, and gun-trafficking, including, but not limited to, | ||
ballistic data, eTrace data, DNA evidence, latent | ||
fingerprints, firearm training data, and National Integrated | ||
Ballistic Information Network (NIBIN) data. The Task Force may | ||
design a model crime gun intelligence strategy which may | ||
include, but is not limited to, comprehensive collection and | ||
documentation of all ballistic evidence, timely transfer of | ||
NIBIN and eTrace leads to an intelligence center, which may | ||
include the Division of Criminal Investigation of the Illinois | ||
State Police, timely dissemination of intelligence to | ||
investigators, investigative follow-up, and coordinated | ||
prosecution. | ||
(3) The Task Force may recognize and utilize best | ||
practices of community policing and may develop potential | ||
partnerships with faith-based and community organizations to | ||
achieve its goals. | ||
(4) The Task Force may identify and utilize best practices | ||
in drug-diversion programs and other community-based services | ||
to redirect low-level offenders. |
(5) The Task Force may assist in violence suppression | ||
strategies including, but not limited to, details in | ||
identified locations that have shown to be the most prone to | ||
gun violence and violent crime, focused deterrence against | ||
violent gangs and groups considered responsible for the | ||
violence in communities, and other intelligence driven methods | ||
deemed necessary to interrupt cycles of violence or prevent | ||
retaliation. | ||
(6) In consultation with the Chief Procurement Officer, | ||
the Illinois State Police may obtain contracts for software, | ||
commodities, resources, and equipment to assist the Task Force | ||
with achieving this Act. Any contracts necessary to support | ||
the delivery of necessary software, commodities, resources, | ||
and equipment are not subject to the Illinois Procurement | ||
Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and | ||
Article 50 of that Code, provided that the Chief Procurement | ||
Officer may, in writing with justification, waive any | ||
certification required under Article 50 of the Illinois | ||
Procurement Code. | ||
(7) The Task Force shall conduct enforcement operations | ||
against persons whose Firearm Owner's Identification Cards | ||
have been revoked or suspended and persons who fail to comply | ||
with the requirements of Section 9.5 of the Firearm Owners | ||
Identification Card Act, prioritizing individuals presenting a | ||
clear and present danger to themselves or to others under | ||
paragraph (2) of subsection (d) of Section 8.1 of the Firearm |
Owners Identification Card Act. | ||
(8) The Task Force shall collaborate with local law | ||
enforcement agencies to enforce provisions of the Firearm | ||
Owners Identification Card Act, the Firearm Concealed Carry | ||
Act, the Firearm Dealer License Certification Act, and Article | ||
24 of the Criminal Code of 2012. | ||
(9) To implement this Section, the Director of the | ||
Illinois State Police may establish intergovernmental | ||
agreements with law enforcement agencies in accordance with | ||
the Intergovernmental Cooperation Act. | ||
(10) Law enforcement agencies that participate in | ||
activities described in paragraphs (7) through (9) may apply | ||
to the Illinois State Police for grants from the State Police | ||
Firearm Revocation Enforcement Fund. | ||
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||
102-813, eff. 5-13-22.) | ||
(20 ILCS 2605/2605-615) | ||
Sec. 2605-615. Illinois Forensic Science Commission. | ||
(a) Creation. There is created within the Illinois State | ||
Police the Illinois Forensic Science Commission. | ||
(b) Duties and purpose. The Commission shall: | ||
(1) Provide guidance to ensure the efficient delivery | ||
of forensic services and the sound practice of forensic | ||
science. | ||
(2) Provide a forum for discussions between forensic |
science stakeholders to improve communication and | ||
coordination and to monitor the important issues impacting | ||
all stakeholders. | ||
(3) Take a systems-based approach in reviewing all | ||
aspects of the delivery of forensic services and the sound | ||
practice of forensic science with the goal of reducing or | ||
eliminating the factors and inefficiencies that contribute | ||
to backlogs and errors, with a focus on education and | ||
training, funding, hiring, procurement, and other aspects | ||
identified by the Commission. | ||
(4) Review significant non-conformities with the sound | ||
practice of forensic science documented by each publicly | ||
funded ISO 17025 accredited forensic laboratory and offer | ||
recommendations for the correction thereof. | ||
(5) Subject to appropriation, provide educational, | ||
research, and professional training opportunities for | ||
practicing forensic scientists, police officers, judges, | ||
State's Attorneys and Assistant State's Attorneys, Public | ||
Defenders, and defense attorneys comporting with the sound | ||
practice of forensic science. | ||
(6) Collect and analyze information related to the | ||
impact of current laws, rules, policies, and practices on | ||
forensic crime laboratories and the practice of forensic | ||
science; evaluate the impact of those laws, rules, | ||
policies, and practices on forensic crime laboratories and | ||
the practice of forensic science; identify new policies |
and approaches, together with changes in science, and | ||
technology; and make recommendations for changes to those | ||
laws, rules, policies, and practices that will yield | ||
better results in the criminal justice system consistent | ||
with the sound practice of forensic science. | ||
(7) Perform such other studies or tasks pertaining to | ||
forensic crime laboratories as may be requested by the | ||
General Assembly by resolution or the Governor, and | ||
perform such other functions as may be required by law or | ||
as are necessary to carry out the purposes and goals of the | ||
Commission prescribed in this Section. | ||
(8) Ensure that adequate resources and facilities are | ||
available for carrying out the changes proposed in | ||
legislation, rules, or policies and that rational | ||
priorities are established for the use of those resources. | ||
To do so, the Commission may prepare statements to the | ||
Governor and General Assembly identifying the fiscal and | ||
practical effects of proposed legislation, rules, or | ||
policy changes. Such statements may include, but are not | ||
limited to: the impact on present levels of staffing and | ||
resources; a professional opinion on the practical value | ||
of the change or changes; the increase or decrease the | ||
number of crime laboratories; the increase or decrease the | ||
cost of operating crime laboratories; the impact on | ||
efficiencies and caseloads; other information, including | ||
but not limited to, facts, data, research, and science |
relevant to the legislation, rule, or policy; the direct | ||
or indirect alteration in any process involving or used by | ||
crime laboratories of such proposed legislation, rules, or | ||
policy changes; an analysis of the impact, either directly | ||
or indirectly, on the technology, improvements, or | ||
practices of forensic analyses for use in criminal | ||
proceedings; together with the direct or indirect impact | ||
on headcount, space, equipment, instruments, | ||
accreditation, the volume of cases for analysis, | ||
scientific controls, and quality assurance. | ||
(c) Members. The Commission shall be composed of the | ||
Director of the Illinois State Police, or his or her designee, | ||
together with the following members appointed for a term of 4 | ||
years by the Governor with the advice and consent of the | ||
Senate: | ||
(1) One crime laboratory director or administrator | ||
from each publicly funded ISO 17025 accredited forensic | ||
laboratory system. | ||
(2) One member with experience in the admission of | ||
forensic evidence in trials from a statewide association | ||
representing prosecutors. | ||
(3) One member with experience in the admission of | ||
forensic evidence in trials from a statewide association | ||
representing criminal defense attorneys. | ||
(4) Three forensic scientists with bench work | ||
background from various forensic disciplines (e.g., DNA, |
chemistry, pattern evidence, etc.). | ||
(5) One retired circuit court judge or associate | ||
circuit court judge with criminal trial experience, | ||
including experience in the admission of forensic evidence | ||
in trials. | ||
(6) One academic specializing in the field of forensic | ||
sciences. | ||
(7) One or more community representatives (e.g., | ||
victim advocates, innocence project organizations, sexual | ||
assault examiners, etc.). | ||
(8) One member who is a medical examiner or coroner. | ||
The Governor shall designate one of the members of the | ||
Commission to serve as the chair of the Commission. The | ||
members of the Commission shall elect from their number such | ||
other officers as they may determine. Members of the | ||
Commission shall serve without compensation, but may be | ||
reimbursed for reasonable expenses incurred in the performance | ||
of their duties from funds appropriated for that purpose. | ||
(d) Subcommittees. The Commission may form subcommittees | ||
to study specific issues identified under paragraph (3) of | ||
subsection (b), including, but not limited to, subcommittees | ||
on education and training, procurement, funding and hiring. Ad | ||
hoc subcommittees may also be convened to address other | ||
issues. Such subcommittees shall meet as needed to complete | ||
their work, and shall report their findings back to the | ||
Commission. Subcommittees shall include members of the |
Commission, and may also include non-members such as forensic | ||
science stakeholders and subject matter experts. | ||
(e) Meetings. The Commission shall meet quarterly, at the | ||
call of the chairperson. Facilities for meeting, whether | ||
remotely or in person, shall be provided for the Commission by | ||
the Illinois State Police. | ||
(f) Reporting by publicly funded ISO 17025 accredited | ||
forensic laboratories. All State and local publicly funded ISO | ||
17025 accredited forensic laboratory systems, including, but | ||
not limited to, the DuPage County Forensic Science Center, the | ||
Northeastern Illinois Regional Crime Laboratory, and the | ||
Illinois State Police, shall annually provide to the | ||
Commission a report summarizing its significant | ||
non-conformities with the efficient delivery of forensic | ||
services and the sound practice of forensic science. The | ||
report will identify: each significant non-conformity or | ||
deficient method; how the non-conformity or deficient method | ||
was detected; the nature and extent of the non-conformity or | ||
deficient method; all corrective actions implemented to | ||
address the non-conformity or deficient method; and an | ||
analysis of the effectiveness of the corrective actions taken. | ||
(g) Definition. As used in this Section, "Commission" | ||
means the Illinois Forensic Science Commission. | ||
(Source: P.A. 102-523, eff. 8-20-21; 103-34, eff. 1-1-24 .) | ||
(20 ILCS 2605/2605-378 rep.) |
Section 15. The Illinois State Police Law of the Civil | ||
Administrative Code of Illinois is amended by repealing | ||
Section 2605-378. | ||
Section 20. The Illinois State Police Act is amended by | ||
changing Section 40.1 as follows: | ||
(20 ILCS 2610/40.1) | ||
Sec. 40.1. Mandated training compliance. The Director of | ||
the Illinois State Police and the Illinois State Police | ||
Academy shall ensure all Illinois State Police cadets and | ||
officers comply with all statutory, regulatory, and department | ||
mandated training. The Illinois State Police Academy shall | ||
maintain and store training records for Illinois State Police | ||
officers. | ||
(Source: P.A. 101-652, eff. 1-1-22 .) | ||
Section 25. The Narcotic Control Division Abolition Act is | ||
amended by by changing Section 9 as follows: | ||
(20 ILCS 2620/9) (from Ch. 127, par. 55l) | ||
Sec. 9. The Director shall make , in an annual report to the | ||
Governor, report the results obtained in the enforcement of | ||
this Act available on the Illinois State Police website and | ||
may make , together with such other information and | ||
recommendations to the Governor annually as the Director he |
deems proper. | ||
(Source: P.A. 76-442.) | ||
Section 30. The Criminal Identification Act is amended by | ||
changing Section 5.2 as follows: | ||
(20 ILCS 2630/5.2) | ||
Sec. 5.2. Expungement, sealing, and immediate sealing. | ||
(a) General Provisions. | ||
(1) Definitions. In this Act, words and phrases have | ||
the meanings set forth in this subsection, except when a | ||
particular context clearly requires a different meaning. | ||
(A) The following terms shall have the meanings | ||
ascribed to them in the following Sections of the | ||
Unified Code of Corrections: | ||
Business Offense, Section 5-1-2. | ||
Charge, Section 5-1-3. | ||
Court, Section 5-1-6. | ||
Defendant, Section 5-1-7. | ||
Felony, Section 5-1-9. | ||
Imprisonment, Section 5-1-10. | ||
Judgment, Section 5-1-12. | ||
Misdemeanor, Section 5-1-14. | ||
Offense, Section 5-1-15. | ||
Parole, Section 5-1-16. | ||
Petty Offense, Section 5-1-17. |
Probation, Section 5-1-18. | ||
Sentence, Section 5-1-19. | ||
Supervision, Section 5-1-21. | ||
Victim, Section 5-1-22. | ||
(B) As used in this Section, "charge not initiated | ||
by arrest" means a charge (as defined by Section 5-1-3 | ||
of the Unified Code of Corrections) 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) Section 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 | ||
expungement until 5 years have passed following the | ||
satisfactory termination of the probation. | ||
(3) Those records maintained by the Illinois State | ||
Police for persons arrested prior to their 17th birthday | ||
shall be 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 | ||
was stolen or otherwise obtained without authorization, | ||
upon learning of the person having been arrested using his | ||
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 | ||
Illinois State Police, 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 Illinois | ||
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 | ||
sexual assault, aggravated criminal sexual assault, | ||
predatory criminal sexual assault of a child, criminal | ||
sexual abuse, or aggravated criminal sexual abuse, the | ||
victim of that offense may request that the State's | ||
Attorney of the county in which the conviction occurred | ||
file a verified petition with the presiding trial judge at | ||
the petitioner's trial to have a court order entered to | ||
seal the records of the circuit court clerk in connection | ||
with the proceedings of the trial court concerning that | ||
offense. However, the records of the arresting authority | ||
and the Illinois State Police concerning the offense shall | ||
not be sealed. The court, upon good cause shown, shall | ||
make the records of the circuit court clerk in connection | ||
with the proceedings of the trial court 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 | ||
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 Illinois |
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 | ||
subsections (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 Registry Act 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 | ||
subsection (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 taken within 30 | ||
days before the filing of the petition a test showing the | ||
absence within his or her body of all illegal substances |
as defined by the Illinois Controlled Substances Act and | ||
the Methamphetamine Control and Community Protection 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 Illinois 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 | ||
Illinois 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. | ||
(D) Notwithstanding any other provision of law, | ||
the court shall not deny a petition to expunge or seal | ||
under this Section because the petitioner has | ||
submitted a drug test taken within 30 days before the | ||
filing of the petition to expunge or seal that | ||
indicates a positive test for the presence of cannabis | ||
within the petitioner's body. In this subparagraph | ||
(D), "cannabis" has the meaning ascribed to it in | ||
Section 3 of the Cannabis Control Act. | ||
(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 Illinois State Police 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 Illinois State Police, in a form and | ||
manner prescribed by the Illinois State Police, 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 subsection (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 Illinois State Police, 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 Illinois State Police, 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 subsection (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 | ||
Illinois State Police 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 Illinois State | ||
Police may be disseminated by the Illinois State | ||
Police 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 Illinois State Police, 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 | ||
Illinois State Police 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 Illinois State | ||
Police may be disseminated by the Illinois State | ||
Police 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 Illinois State | ||
Police, 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 Illinois State Police, | ||
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 Illinois State | ||
Police, or the agency receiving such inquiry shall | ||
reply as it does in response to inquiries when no | ||
records ever existed. | ||
(D) The Illinois State Police 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 Illinois State Police to expunge or | ||
seal records. In the event of an appeal from the | ||
circuit court order, the Illinois State Police 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 Illinois State Police 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 the Illinois State | ||
Police portion of the fee to the State Treasurer 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 Illinois State Police 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 | ||
Illinois State Police may be disseminated by the Illinois | ||
State Police 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 Illinois State Police 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 Illinois State Police 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 Illinois State Police may be | ||
disseminated by the Illinois State Police 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 Illinois State Police | ||
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 Illinois State Police 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 Illinois State Police may be | ||
disseminated by the Illinois State Police 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 Illinois State Police | ||
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 Illinois 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 Illinois 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 or vacation and expungement of trafficking | ||
victims' crimes. | ||
(1) A trafficking victim, as defined by paragraph (10) | ||
of subsection (a) of Section 10-9 of the Criminal Code of | ||
2012, may petition for vacation and expungement or | ||
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 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. | ||
(1.5) A petition under paragraph (1) shall be | ||
prepared, signed, and filed in accordance with Supreme | ||
Court Rule 9. The court may allow the petitioner to attend | ||
any required hearing remotely in accordance with local | ||
rules. The court may allow a petition to be filed under | ||
seal if the public filing of the petition would constitute | ||
a risk of harm to the petitioner. | ||
(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 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 vacation and expungement or | ||
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 vacation and expungement or | ||
immediate sealing under this subsection (h). A petitioner | ||
is eligible for vacation and expungement or 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 | ||
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 Illinois 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 Illinois 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 Illinois State Police shall allow a person to | ||
use the access and review process, established in the | ||
Illinois 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 Illinois State Police shall post | ||
general information on its website about the expungement | ||
process described in this subsection (i). | ||
(j) Felony Prostitution Convictions. | ||
(1) Any individual may file a motion to vacate and | ||
expunge a conviction for a prior Class 4 felony violation | ||
of prostitution. Motions to vacate and expunge under this | ||
subsection (j) may be filed with the circuit court, Chief |
Judge of a judicial circuit, or any judge of the circuit | ||
designated by the Chief Judge. When considering the motion | ||
to vacate and expunge, a court shall consider the | ||
following: | ||
(A) the reasons to retain the records provided by | ||
law enforcement; | ||
(B) the petitioner's age; | ||
(C) the petitioner's age at the time of offense; | ||
and | ||
(D) the time since the conviction, and the | ||
specific adverse consequences if denied. An individual | ||
may file the petition after the completion of any | ||
sentence or condition imposed by the conviction. | ||
Within 60 days of the filing of the motion, a State's | ||
Attorney may file an objection to the petition along | ||
with supporting evidence. If a motion to vacate and | ||
expunge is granted, the records shall be expunged in | ||
accordance with subparagraph (d)(9)(A) of this | ||
Section. An agency providing civil legal aid, as | ||
defined in 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. |
(2) Any State's Attorney may file a motion to vacate | ||
and expunge a conviction for a Class 4 felony violation of | ||
prostitution. Motions to vacate and expunge under this | ||
subsection (j) may be filed with the circuit court, Chief | ||
Judge of a judicial circuit, or any judge of the circuit | ||
court designated by the Chief Judge, and may include more | ||
than one individual. When considering the motion to vacate | ||
and expunge, a court shall consider the following reasons: | ||
(A) the reasons to retain the records provided by | ||
law enforcement; | ||
(B) the petitioner's age; | ||
(C) the petitioner's age at the time of offense; | ||
(D) the time since the conviction; and | ||
(E) the specific adverse consequences if denied. | ||
If the State's Attorney files a motion to vacate and | ||
expunge records for felony prostitution convictions | ||
pursuant to this Section, the State's Attorney shall | ||
notify the Prisoner Review Board within 30 days of the | ||
filing. If a motion to vacate and expunge is granted, the | ||
records shall be expunged in accordance with subparagraph | ||
(d)(9)(A) of this Section. | ||
(3) 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. | ||
(4) The Illinois State Police shall allow a person to |
a use the access and review process, established in the | ||
Illinois State Police, for verifying that his or her | ||
records relating to felony prostitution eligible under | ||
this Section have been expunged. | ||
(5) 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. | ||
(6) 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. | ||
(7) Information. The Illinois State Police shall post | ||
general information on its website about the expungement | ||
process described in this subsection (j). | ||
(Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21; | ||
102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff. | ||
1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23 .) | ||
Section 35. The Illinois Vehicle Hijacking and Motor | ||
Vehicle Theft Prevention and Insurance Verification Act is | ||
amended by changing Section 8.6 as follows: | ||
(20 ILCS 4005/8.6) | ||
Sec. 8.6. Private passenger motor vehicle insurance. State | ||
Police Training and Academy Fund; Law Enforcement Training |
Fund. Before April 1 of each year, each insurer engaged in | ||
writing private passenger motor vehicle insurance coverage | ||
that is included in Class 2 and Class 3 of Section 4 of the | ||
Illinois Insurance Code, as a condition of its authority to | ||
transact business in this State, may collect and shall pay to | ||
the Department of Insurance an amount equal to $4, or a lesser | ||
amount determined by the Illinois Law Enforcement Training | ||
Standards Board by rule, multiplied by the insurer's total | ||
earned car years of private passenger motor vehicle insurance | ||
policies providing physical damage insurance coverage written | ||
in this State during the preceding calendar year. Of the | ||
amounts collected under this Section, the Department of | ||
Insurance shall deposit 10% into the State Police Law | ||
Enforcement Administration Fund State Police Training and | ||
Academy Fund and 90% into the Law Enforcement Training Fund. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22; | ||
102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.) | ||
Section 40. The State Finance Act is amended by changing | ||
Sections 5.946, 5.963, 6z-106, 6z-125, and 6z-127 as follows: | ||
(30 ILCS 105/5.946) | ||
Sec. 5.946. The State Police Training and Academy Fund. | ||
This Section is repealed on July 1, 2025. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22.) |
(30 ILCS 105/5.963) | ||
Sec. 5.963. The State Police Firearm Revocation | ||
Enforcement Fund. | ||
(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.) | ||
(30 ILCS 105/6z-106) | ||
Sec. 6z-106. State Police Law Enforcement Administration | ||
Fund. | ||
(a) There is created in the State treasury a special fund | ||
known as the State Police Law Enforcement Administration Fund. | ||
The Fund shall receive revenue under subsection (c) of Section | ||
10-5 of the Criminal and Traffic Assessment Act and Section | ||
500-135 of the Illinois Insurance Code. The Fund shall also | ||
receive the moneys designated to be paid into the Fund under | ||
subsection (a-5) of Section 500-135 of the Illinois Insurance | ||
Code and Section 8.6 of the Illinois Vehicle Hijacking and | ||
Motor Vehicle Theft Prevention and Insurance Verification Act . | ||
The Fund may also receive revenue from grants, donations, | ||
appropriations, and any other legal source. | ||
(b) The Illinois State Police may use moneys in the Fund to | ||
finance any of its lawful purposes or functions , including, | ||
but not limited to, training for forensic laboratory personnel | ||
and other State Police personnel. However, ; however, the | ||
primary purpose of the Fund shall be to finance State Police | ||
cadet classes in May and October of each year . | ||
(c) Expenditures may be made from the Fund only as |
appropriated by the General Assembly by law. | ||
(d) Investment income that is attributable to the | ||
investment of moneys in the Fund shall be retained in the Fund | ||
for the uses specified in this Section. | ||
(e) The State Police Law Enforcement Administration Fund | ||
shall not be subject to administrative chargebacks. | ||
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.) | ||
(30 ILCS 105/6z-125) | ||
Sec. 6z-125. State Police Training and Academy Fund. The | ||
State Police Training and Academy Fund is hereby created as a | ||
special fund in the State treasury. Moneys in the Fund shall | ||
consist of: (i) 10% of the revenue from increasing the | ||
insurance producer license fees, as provided under subsection | ||
(a-5) of Section 500-135 of the Illinois Insurance Code; and | ||
(ii) 10% of the moneys collected from auto insurance policy | ||
fees under Section 8.6 of the Illinois Vehicle Hijacking and | ||
Motor Vehicle Theft Prevention and Insurance Verification Act. | ||
This Fund shall be used by the Illinois State Police to fund | ||
training and other State Police institutions, including, but | ||
not limited to, forensic laboratories. On July 1, 2025, or as | ||
soon thereafter as possible, the balance remaining in the | ||
State Police Training and Academy Fund shall be transferred to | ||
the State Police Law Enforcement Administration Fund. The | ||
State Police Training and Academy Fund is dissolved upon that | ||
transfer. This Section is repealed on January 1, 2026. |
(Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22; | ||
102-904, eff. 1-1-23 .) | ||
(30 ILCS 105/6z-127) | ||
Sec. 6z-127. State Police Firearm Revocation Enforcement | ||
Fund. | ||
(a) The State Police Firearm Revocation Enforcement Fund | ||
is established as a special fund in the State treasury. This | ||
Fund is established to receive moneys from the Firearm Owners | ||
Identification Card Act to enforce that Act, the Firearm | ||
Concealed Carry Act, Article 24 of the Criminal Code of 2012, | ||
and other firearm offenses. The Fund may also receive revenue | ||
from grants, donations, appropriations, and any other legal | ||
source. | ||
(b) The Illinois State Police may use moneys from the Fund | ||
to establish task forces and, if necessary, include other law | ||
enforcement agencies, under intergovernmental contracts | ||
written and executed in conformity with the Intergovernmental | ||
Cooperation Act. | ||
(c) The Illinois State Police may use moneys in the Fund to | ||
hire and train State Police officers and for the prevention of | ||
violent crime. | ||
(d) The State Police Firearm Revocation Enforcement Fund | ||
is not subject to administrative chargebacks. | ||
(e) Law enforcement agencies that participate in Firearm | ||
Owner's Identification Card revocation enforcement in the |
Violent Crime Intelligence Task Force may apply for grants | ||
from the Illinois State Police. | ||
(f) Any surplus in the Fund beyond what is necessary to | ||
ensure compliance with subsections (a) through (e) or moneys | ||
that are specifically appropriated for those purposes shall be | ||
used by the Illinois State Police to award grants to assist | ||
with the data reporting requirements of the Gun Trafficking | ||
Information Act. | ||
(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22; | ||
103-34, eff. 6-9-23.) | ||
Section 45. The School Code is amended by changing | ||
Sections 10-27.1A and 10-27.1B as follows: | ||
(105 ILCS 5/10-27.1A) | ||
Sec. 10-27.1A. Firearms in schools. | ||
(a) All school officials, including teachers, school | ||
counselors, and support staff, shall immediately notify the | ||
office of the principal in the event that they observe any | ||
person in possession of a firearm on school grounds; provided | ||
that taking such immediate action to notify the office of the | ||
principal would not immediately endanger the health, safety, | ||
or welfare of students who are under the direct supervision of | ||
the school official or the school official. If the health, | ||
safety, or welfare of students under the direct supervision of | ||
the school official or of the school official is immediately |
endangered, the school official shall notify the office of the | ||
principal as soon as the students under his or her supervision | ||
and he or she are no longer under immediate danger. A report is | ||
not required by this Section when the school official knows | ||
that the person in possession of the firearm is a law | ||
enforcement official engaged in the conduct of his or her | ||
official duties. Any school official acting in good faith who | ||
makes such a report under this Section shall have immunity | ||
from any civil or criminal liability that might otherwise be | ||
incurred as a result of making the report. The identity of the | ||
school official making such report shall not be disclosed | ||
except as expressly and specifically authorized by law. | ||
Knowingly and willfully failing to comply with this Section is | ||
a petty offense. A second or subsequent offense is a Class C | ||
misdemeanor. | ||
(b) Upon receiving a report from any school official | ||
pursuant to this Section, or from any other person, the | ||
principal or his or her designee shall immediately notify a | ||
local law enforcement agency. If the person found to be in | ||
possession of a firearm on school grounds is a student, the | ||
principal or his or her designee shall also immediately notify | ||
that student's parent or guardian. Any principal or his or her | ||
designee acting in good faith who makes such reports under | ||
this Section shall have immunity from any civil or criminal | ||
liability that might otherwise be incurred or imposed as a | ||
result of making the reports. Knowingly and willfully failing |
to comply with this Section is a petty offense. A second or | ||
subsequent offense is a Class C misdemeanor. If the person | ||
found to be in possession of the firearm on school grounds is a | ||
minor, the law enforcement agency shall detain that minor | ||
until such time as the agency makes a determination pursuant | ||
to clause (a) of subsection (1) of Section 5-401 of the | ||
Juvenile Court Act of 1987, as to whether the agency | ||
reasonably believes that the minor is delinquent. If the law | ||
enforcement agency determines that probable cause exists to | ||
believe that the minor committed a violation of item (4) of | ||
subsection (a) of Section 24-1 of the Criminal Code of 2012 | ||
while on school grounds, the agency shall detain the minor for | ||
processing pursuant to Section 5-407 of the Juvenile Court Act | ||
of 1987. | ||
(c) Upon receipt of any written, electronic, or verbal | ||
report from any school personnel regarding a verified incident | ||
involving a firearm in a school or on school owned or leased | ||
property, including any conveyance owned, leased, or used by | ||
the school for the transport of students or school personnel, | ||
the superintendent or his or her designee shall report all | ||
such firearm-related incidents occurring in a school or on | ||
school property to the local law enforcement authorities | ||
immediately , who shall report to the Illinois State Police in | ||
a form, manner, and frequency as prescribed by the Illinois | ||
State Police . | ||
The State Board of Education shall receive an annual |
statistical compilation and related data associated with | ||
incidents involving firearms in schools from the Illinois | ||
State Police. The State Board of Education shall compile this | ||
information by school district and make it available to the | ||
public. | ||
(c-5) Schools shall report any written, electronic, or | ||
verbal report of a verified incident involving a firearm made | ||
under subsection (c) to the State Board of Education through | ||
existing school incident reporting systems as they occur | ||
during the year by no later than August 1 of each year. The | ||
State Board of Education shall report data by school district, | ||
as collected from school districts, and make it available to | ||
the public via its website. The local law enforcement | ||
authority shall, by March 1 of each year, report the required | ||
data from the previous year to the Illinois State Police's | ||
Illinois Uniform Crime Reporting Program, which shall be | ||
included in its annual Crime in Illinois report. | ||
(d) As used in this Section, the term "firearm" shall have | ||
the meaning ascribed to it in Section 1.1 of the Firearm Owners | ||
Identification Card Act. | ||
As used in this Section, the term "school" means any | ||
public or private elementary or secondary school. | ||
As used in this Section, the term "school grounds" | ||
includes the real property comprising any school, any | ||
conveyance owned, leased, or contracted by a school to | ||
transport students to or from school or a school-related |
activity, or any public way within 1,000 feet of the real | ||
property comprising any school. | ||
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||
102-813, eff. 5-13-22; 103-34, eff. 6-9-23.) | ||
(105 ILCS 5/10-27.1B) | ||
Sec. 10-27.1B. Reporting drug-related incidents in | ||
schools. | ||
(a) In this Section: | ||
"Drug" means "cannabis" as defined under subsection (a) of | ||
Section 3 of the Cannabis Control Act, "narcotic drug" as | ||
defined under subsection (aa) of Section 102 of the Illinois | ||
Controlled Substances Act, or "methamphetamine" as defined | ||
under Section 10 of the Methamphetamine Control and Community | ||
Protection Act. | ||
"School" means any public or private elementary or | ||
secondary school. | ||
(b) Upon receipt of any written, electronic, or verbal | ||
report from any school personnel regarding a verified incident | ||
involving drugs in a school or on school owned or leased | ||
property, including any conveyance owned, leased, or used by | ||
the school for the transport of students or school personnel, | ||
the superintendent or his or her designee, or other | ||
appropriate administrative officer for a private school, shall | ||
report all such drug-related incidents occurring in a school | ||
or on school property to the local law enforcement authorities |
immediately and to the Illinois State Police in a form, | ||
manner, and frequency as prescribed by the Illinois State | ||
Police . | ||
(c) (Blank). The State Board of Education shall receive an | ||
annual statistical compilation and related data associated | ||
with drug-related incidents in schools from the Illinois State | ||
Police. The State Board of Education shall compile this | ||
information by school district and make it available to the | ||
public . | ||
(d) Schools shall report any written, electronic, or | ||
verbal report of an incident involving drugs made under | ||
subsection (b) to the State Board of Education through | ||
existing school incident reporting systems as they occur | ||
during the year by no later than August 1 of each year. The | ||
State Board of Education shall report data by school district, | ||
as collected from school districts, and make it available to | ||
the public via its website. The local law enforcement | ||
authority shall, by March 1 of each year, report the required | ||
data from the previous year to the Illinois State Police's | ||
Illinois Uniform Crime Reporting Program, which shall be | ||
included in its annual Crime in Illinois report. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
Section 50. The Illinois Insurance Code is amended by | ||
changing Section 500-135 as follows: |
(215 ILCS 5/500-135) | ||
(Section scheduled to be repealed on January 1, 2027) | ||
Sec. 500-135. Fees. | ||
(a) The fees required by this Article are as follows: | ||
(1) a fee of $215 for a person who is a resident of | ||
Illinois, and $380 for a person who is not a resident of | ||
Illinois, payable once every 2 years for an insurance | ||
producer license; | ||
(2) a fee of $50 for the issuance of a temporary | ||
insurance producer license; | ||
(3) a fee of $150 payable once every 2 years for a | ||
business entity; | ||
(4) an annual $50 fee for a limited line producer | ||
license issued under items (1) through (8) of subsection | ||
(a) of Section 500-100; | ||
(5) a $50 application fee for the processing of a | ||
request to take the written examination for an insurance | ||
producer license; | ||
(6) an annual registration fee of $1,000 for | ||
registration of an education provider; | ||
(7) a certification fee of $50 for each certified | ||
pre-licensing or continuing education course and an annual | ||
fee of $20 for renewing the certification of each such | ||
course; | ||
(8) a fee of $215 for a person who is a resident of | ||
Illinois, and $380 for a person who is not a resident of |
Illinois, payable once every 2 years for a car rental | ||
limited line license; | ||
(9) a fee of $200 payable once every 2 years for a | ||
limited lines license other than the licenses issued under | ||
items (1) through (8) of subsection (a) of Section | ||
500-100, a car rental limited line license, or a | ||
self-service storage facility limited line license; | ||
(10) a fee of $50 payable once every 2 years for a | ||
self-service storage facility limited line license. | ||
(a-5) Beginning on July 1, 2021, an amount equal to the | ||
additional amount of revenue collected under paragraphs (1) | ||
and (8) of subsection (a) as a result of the increase in the | ||
fees under this amendatory Act of the 102nd General Assembly | ||
shall be transferred annually, with 10% of that amount paid | ||
into the State Police Law Enforcement Administration Fund | ||
State Police Training and Academy Fund and 90% of that amount | ||
paid into the Law Enforcement Training Fund. | ||
(b) Except as otherwise provided, all fees paid to and | ||
collected by the Director under this Section shall be paid | ||
promptly after receipt thereof, together with a detailed | ||
statement of such fees, into a special fund in the State | ||
Treasury to be known as the Insurance Producer Administration | ||
Fund. The moneys deposited into the Insurance Producer | ||
Administration Fund may be used only for payment of the | ||
expenses of the Department in the execution, administration, | ||
and enforcement of the insurance laws of this State, and shall |
be appropriated as otherwise provided by law for the payment | ||
of those expenses with first priority being any expenses | ||
incident to or associated with the administration and | ||
enforcement of this Article. | ||
(Source: P.A. 102-16, eff. 6-17-21.) | ||
Section 55. The Illinois Gambling Act is amended by | ||
changing Sections 7.7 and 22 as follows: | ||
(230 ILCS 10/7.7) | ||
Sec. 7.7. Organization gaming licenses. | ||
(a) The Illinois Gaming Board shall award one organization | ||
gaming license to each person or entity having operating | ||
control of a racetrack that applies under Section 56 of the | ||
Illinois Horse Racing Act of 1975, subject to the application | ||
and eligibility requirements of this Section. Within 60 days | ||
after the effective date of this amendatory Act of the 101st | ||
General Assembly, a person or entity having operating control | ||
of a racetrack may submit an application for an organization | ||
gaming license. The application shall be made on such forms as | ||
provided by the Board and shall contain such information as | ||
the Board prescribes, including, but not limited to, the | ||
identity of any racetrack at which gaming will be conducted | ||
pursuant to an organization gaming license, detailed | ||
information regarding the ownership and management of the | ||
applicant, and detailed personal information regarding the |
applicant. The application shall specify the number of gaming | ||
positions the applicant intends to use and the place where the | ||
organization gaming facility will operate. A person who | ||
knowingly makes a false statement on an application is guilty | ||
of a Class A misdemeanor. | ||
Each applicant shall disclose the identity of every person | ||
or entity having a direct or indirect pecuniary interest | ||
greater than 1% in any racetrack with respect to which the | ||
license is sought. If the disclosed entity is a corporation, | ||
the applicant shall disclose the names and addresses of all | ||
officers, stockholders, and directors. If the disclosed entity | ||
is a limited liability company, the applicant shall disclose | ||
the names and addresses of all members and managers. If the | ||
disclosed entity is a partnership, the applicant shall | ||
disclose the names and addresses of all partners, both general | ||
and limited. If the disclosed entity is a trust, the applicant | ||
shall disclose the names and addresses of all beneficiaries. | ||
An application shall be filed and considered in accordance | ||
with the rules of the Board. Each application for an | ||
organization gaming license shall include a nonrefundable | ||
application fee of $250,000. In addition, a nonrefundable fee | ||
of $50,000 shall be paid at the time of filing to defray the | ||
costs associated with background investigations conducted by | ||
the Board. If the costs of the background investigation exceed | ||
$50,000, the applicant shall pay the additional amount to the | ||
Board within 7 days after a request by the Board. If the costs |
of the investigation are less than $50,000, the applicant | ||
shall receive a refund of the remaining amount. All | ||
information, records, interviews, reports, statements, | ||
memoranda, or other data supplied to or used by the Board in | ||
the course of this review or investigation of an applicant for | ||
an organization gaming license under this Act shall be | ||
privileged and strictly confidential and shall be used only | ||
for the purpose of evaluating an applicant for an organization | ||
gaming license or a renewal. Such information, records, | ||
interviews, reports, statements, memoranda, or other data | ||
shall not be admissible as evidence nor discoverable in any | ||
action of any kind in any court or before any tribunal, board, | ||
agency or person, except for any action deemed necessary by | ||
the Board. The application fee shall be deposited into the | ||
State Gaming Fund. | ||
Any applicant or key person, including the applicant's | ||
owners, officers, directors (if a corporation), managers and | ||
members (if a limited liability company), and partners (if a | ||
partnership), for an organization gaming license shall submit | ||
with his or her application, on forms provided by the Board, 2 | ||
sets of have his or her fingerprints . The board shall charge | ||
each applicant a fee set by submitted to the Illinois State | ||
Police to defray the costs associated with the search and | ||
classification of fingerprints obtained by the Board with | ||
respect to the applicant's application. The fees in an | ||
electronic format that complies with the form and manner for |
requesting and furnishing criminal history record information | ||
as prescribed by the Illinois State Police. These fingerprints | ||
shall be checked against the Illinois State Police and Federal | ||
Bureau of Investigation criminal history record databases now | ||
and hereafter filed, including, but not limited to, civil, | ||
criminal, and latent fingerprint databases. The Illinois State | ||
Police shall charge applicants a fee for conducting the | ||
criminal history records check, which shall be deposited into | ||
the State Police Services Fund and shall not exceed the actual | ||
cost of the records check. The Illinois State Police shall | ||
furnish, pursuant to positive identification, records of | ||
Illinois criminal history to the Illinois State Police . | ||
(b) The Board shall determine within 120 days after | ||
receiving an application for an organization gaming license | ||
whether to grant an organization gaming license to the | ||
applicant. If the Board does not make a determination within | ||
that time period, then the Board shall give a written | ||
explanation to the applicant as to why it has not reached a | ||
determination and when it reasonably expects to make a | ||
determination. | ||
The organization gaming licensee shall purchase up to the | ||
amount of gaming positions authorized under this Act within | ||
120 days after receiving its organization gaming license. If | ||
an organization gaming licensee is prepared to purchase the | ||
gaming positions, but is temporarily prohibited from doing so | ||
by order of a court of competent jurisdiction or the Board, |
then the 120-day period is tolled until a resolution is | ||
reached. | ||
An organization gaming license shall authorize its holder | ||
to conduct gaming under this Act at its racetracks on the same | ||
days of the year and hours of the day that owners licenses are | ||
allowed to operate under approval of the Board. | ||
An organization gaming license and any renewal of an | ||
organization gaming license shall authorize gaming pursuant to | ||
this Section for a period of 4 years. The fee for the issuance | ||
or renewal of an organization gaming license shall be | ||
$250,000. | ||
All payments by licensees under this subsection (b) shall | ||
be deposited into the Rebuild Illinois Projects Fund. | ||
(c) To be eligible to conduct gaming under this Section, a | ||
person or entity having operating control of a racetrack must | ||
(i) obtain an organization gaming license, (ii) hold an | ||
organization license under the Illinois Horse Racing Act of | ||
1975, (iii) hold an inter-track wagering license, (iv) pay an | ||
initial fee of $30,000 per gaming position from organization | ||
gaming licensees where gaming is conducted in Cook County and, | ||
except as provided in subsection (c-5), $17,500 for | ||
organization gaming licensees where gaming is conducted | ||
outside of Cook County before beginning to conduct gaming plus | ||
make the reconciliation payment required under subsection (k), | ||
(v) conduct live racing in accordance with subsections (e-1), | ||
(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act |
of 1975, (vi) meet the requirements of subsection (a) of | ||
Section 56 of the Illinois Horse Racing Act of 1975, (vii) for | ||
organization licensees conducting standardbred race meetings, | ||
keep backstretch barns and dormitories open and operational | ||
year-round unless a lesser schedule is mutually agreed to by | ||
the organization licensee and the horsemen association racing | ||
at that organization licensee's race meeting, (viii) for | ||
organization licensees conducting thoroughbred race meetings, | ||
the organization licensee must maintain accident medical | ||
expense liability insurance coverage of $1,000,000 for | ||
jockeys, and (ix) meet all other requirements of this Act that | ||
apply to owners licensees. | ||
An organization gaming licensee may enter into a joint | ||
venture with a licensed owner to own, manage, conduct, or | ||
otherwise operate the organization gaming licensee's | ||
organization gaming facilities, unless the organization gaming | ||
licensee has a parent company or other affiliated company that | ||
is, directly or indirectly, wholly owned by a parent company | ||
that is also licensed to conduct organization gaming, casino | ||
gaming, or their equivalent in another state. | ||
All payments by licensees under this subsection (c) shall | ||
be deposited into the Rebuild Illinois Projects Fund. | ||
(c-5) A person or entity having operating control of a | ||
racetrack located in Madison County shall only pay the initial | ||
fees specified in subsection (c) for 540 of the gaming | ||
positions authorized under the license. |
(d) A person or entity is ineligible to receive an | ||
organization gaming license if: | ||
(1) the person or entity has been convicted of a | ||
felony under the laws of this State, any other state, or | ||
the United States, including a conviction under the | ||
Racketeer Influenced and Corrupt Organizations Act; | ||
(2) the person or entity has been convicted of any | ||
violation of Article 28 of the Criminal Code of 2012, or | ||
substantially similar laws of any other jurisdiction; | ||
(3) the person or entity has submitted an application | ||
for a license under this Act that contains false | ||
information; | ||
(4) the person is a member of the Board; | ||
(5) a person defined in (1), (2), (3), or (4) of this | ||
subsection (d) is an officer, director, or managerial | ||
employee of the entity; | ||
(6) the person or entity employs a person defined in | ||
(1), (2), (3), or (4) of this subsection (d) who | ||
participates in the management or operation of gambling | ||
operations authorized under this Act; or | ||
(7) a license of the person or entity issued under | ||
this Act or a license to own or operate gambling | ||
facilities in any other jurisdiction has been revoked. | ||
(e) The Board may approve gaming positions pursuant to an | ||
organization gaming license statewide as provided in this | ||
Section. The authority to operate gaming positions under this |
Section shall be allocated as follows: up to 1,200 gaming | ||
positions for any organization gaming licensee in Cook County | ||
and up to 900 gaming positions for any organization gaming | ||
licensee outside of Cook County. | ||
(f) Each applicant for an organization gaming license | ||
shall specify in its application for licensure the number of | ||
gaming positions it will operate, up to the applicable | ||
limitation set forth in subsection (e) of this Section. Any | ||
unreserved gaming positions that are not specified shall be | ||
forfeited and retained by the Board. For the purposes of this | ||
subsection (f), an organization gaming licensee that did not | ||
conduct live racing in 2010 and is located within 3 miles of | ||
the Mississippi River may reserve up to 900 positions and | ||
shall not be penalized under this Section for not operating | ||
those positions until it meets the requirements of subsection | ||
(e) of this Section, but such licensee shall not request | ||
unreserved gaming positions under this subsection (f) until | ||
its 900 positions are all operational. | ||
Thereafter, the Board shall publish the number of | ||
unreserved gaming positions and shall accept requests for | ||
additional positions from any organization gaming licensee | ||
that initially reserved all of the positions that were | ||
offered. The Board shall allocate expeditiously the unreserved | ||
gaming positions to requesting organization gaming licensees | ||
in a manner that maximizes revenue to the State. The Board may | ||
allocate any such unused gaming positions pursuant to an open |
and competitive bidding process, as provided under Section 7.5 | ||
of this Act. This process shall continue until all unreserved | ||
gaming positions have been purchased. All positions obtained | ||
pursuant to this process and all positions the organization | ||
gaming licensee specified it would operate in its application | ||
must be in operation within 18 months after they were obtained | ||
or the organization gaming licensee forfeits the right to | ||
operate those positions, but is not entitled to a refund of any | ||
fees paid. The Board may, after holding a public hearing, | ||
grant extensions so long as the organization gaming licensee | ||
is working in good faith to make the positions operational. | ||
The extension may be for a period of 6 months. If, after the | ||
period of the extension, the organization gaming licensee has | ||
not made the positions operational, then another public | ||
hearing must be held by the Board before it may grant another | ||
extension. | ||
Unreserved gaming positions retained from and allocated to | ||
organization gaming licensees by the Board pursuant to this | ||
subsection (f) shall not be allocated to owners licensees | ||
under this Act. | ||
For the purpose of this subsection (f), the unreserved | ||
gaming positions for each organization gaming licensee shall | ||
be the applicable limitation set forth in subsection (e) of | ||
this Section, less the number of reserved gaming positions by | ||
such organization gaming licensee, and the total unreserved | ||
gaming positions shall be the aggregate of the unreserved |
gaming positions for all organization gaming licensees. | ||
(g) An organization gaming licensee is authorized to | ||
conduct the following at a racetrack: | ||
(1) slot machine gambling; | ||
(2) video game of chance gambling; | ||
(3) gambling with electronic gambling games as defined | ||
in this Act or defined by the Illinois Gaming Board; and | ||
(4) table games. | ||
(h) Subject to the approval of the Illinois Gaming Board, | ||
an organization gaming licensee may make modification or | ||
additions to any existing buildings and structures to comply | ||
with the requirements of this Act. The Illinois Gaming Board | ||
shall make its decision after consulting with the Illinois | ||
Racing Board. In no case, however, shall the Illinois Gaming | ||
Board approve any modification or addition that alters the | ||
grounds of the organization licensee such that the act of live | ||
racing is an ancillary activity to gaming authorized under | ||
this Section. Gaming authorized under this Section may take | ||
place in existing structures where inter-track wagering is | ||
conducted at the racetrack or a facility within 300 yards of | ||
the racetrack in accordance with the provisions of this Act | ||
and the Illinois Horse Racing Act of 1975. | ||
(i) An organization gaming licensee may conduct gaming at | ||
a temporary facility pending the construction of a permanent | ||
facility or the remodeling or relocation of an existing | ||
facility to accommodate gaming participants for up to 24 |
months after the temporary facility begins to conduct gaming | ||
authorized under this Section. Upon request by an organization | ||
gaming licensee and upon a showing of good cause by the | ||
organization gaming licensee, the Board shall extend the | ||
period during which the licensee may conduct gaming authorized | ||
under this Section at a temporary facility by up to 12 months. | ||
The Board shall make rules concerning the conduct of gaming | ||
authorized under this Section from temporary facilities. | ||
The gaming authorized under this Section may take place in | ||
existing structures where inter-track wagering is conducted at | ||
the racetrack or a facility within 300 yards of the racetrack | ||
in accordance with the provisions of this Act and the Illinois | ||
Horse Racing Act of 1975. | ||
(i-5) Under no circumstances shall an organization gaming | ||
licensee conduct gaming at any State or county fair. | ||
(j) The Illinois Gaming Board must adopt emergency rules | ||
in accordance with Section 5-45 of the Illinois Administrative | ||
Procedure Act as necessary to ensure compliance with the | ||
provisions of this amendatory Act of the 101st General | ||
Assembly concerning the conduct of gaming by an organization | ||
gaming licensee. The adoption of emergency rules authorized by | ||
this subsection (j) shall be deemed to be necessary for the | ||
public interest, safety, and welfare. | ||
(k) Each organization gaming licensee who obtains gaming | ||
positions must make a reconciliation payment 3 years after the | ||
date the organization gaming licensee begins operating the |
positions in an amount equal to 75% of the difference between | ||
its adjusted gross receipts from gaming authorized under this | ||
Section and amounts paid to its purse accounts pursuant to | ||
item (1) of subsection (b) of Section 56 of the Illinois Horse | ||
Racing Act of 1975 for the 12-month period for which such | ||
difference was the largest, minus an amount equal to the | ||
initial per position fee paid by the organization gaming | ||
licensee. If this calculation results in a negative amount, | ||
then the organization gaming licensee is not entitled to any | ||
reimbursement of fees previously paid. This reconciliation | ||
payment may be made in installments over a period of no more | ||
than 6 years. | ||
All payments by licensees under this subsection (k) shall | ||
be deposited into the Rebuild Illinois Projects Fund. | ||
(l) As soon as practical after a request is made by the | ||
Illinois Gaming Board, to minimize duplicate submissions by | ||
the applicant, the Illinois Racing Board must provide | ||
information on an applicant for an organization gaming license | ||
to the Illinois Gaming Board. | ||
(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19; | ||
101-648, eff. 6-30-20; 102-538, eff. 8-20-21.) | ||
(230 ILCS 10/22) (from Ch. 120, par. 2422) | ||
Sec. 22. Criminal history record information. Whenever the | ||
Board is authorized or required by law , including, but not | ||
limited to, requirements under Sections 6, 7, 7.4, 7.7, and 9 |
of this Act, to consider some aspect of criminal history | ||
record information for the purpose of carrying out its | ||
statutory powers and responsibilities, the Board shall, in the | ||
form and manner required by the Illinois State Police and the | ||
Federal Bureau of Investigation, cause to be conducted a | ||
criminal history record investigation to obtain any | ||
information currently or thereafter contained in the files of | ||
the Illinois State Police or the Federal Bureau of | ||
Investigation, including, but not limited to, civil, criminal, | ||
and latent fingerprint databases. To facilitate this | ||
investigation, the Board shall direct each Each applicant for | ||
occupational licensing under sections 6, 7, 7.4, 7.7, and | ||
Section 9 or key person as defined by the Board in | ||
administrative rules to shall submit his or her fingerprints | ||
to the Illinois State Police in the form and manner prescribed | ||
by the Illinois State Police. These fingerprints shall be | ||
checked against the fingerprint records now and hereafter | ||
filed in the Illinois State Police and Federal Bureau of | ||
Investigation criminal history records databases, including, | ||
but not limited to, civil, criminal, and latent fingerprint | ||
databases. The Illinois State Police shall charge a fee for | ||
conducting the criminal history records check, which shall be | ||
deposited in the State Police Services Fund and shall not | ||
exceed the actual cost of the records check. The Illinois | ||
State Police shall provide, on the Board's request, | ||
information concerning any criminal charges, and their |
disposition, currently or thereafter filed against any | ||
applicant, key person, or holder of any license or for | ||
determinations of suitability. Information obtained as a | ||
result of an investigation under this Section shall be used in | ||
determining eligibility for any license. Upon request and | ||
payment of fees in conformance with the requirements of | ||
Section 2605-400 of the Illinois State Police Law, the | ||
Illinois State Police is authorized to furnish, pursuant to | ||
positive identification, such information contained in State | ||
files as is necessary to fulfill the request. | ||
(Source: P.A. 101-597, eff. 12-6-19; 102-538, eff. 8-20-21.) | ||
Section 60. The Firearm Owners Identification Card Act is | ||
amended by changing Section 5 as follows | ||
(430 ILCS 65/5) (from Ch. 38, par. 83-5) | ||
Sec. 5. Application and renewal. | ||
(a) The Illinois State Police shall either approve or deny | ||
all applications within 30 days from the date they are | ||
received, except as provided in subsections (b) and (c), and | ||
every applicant found qualified under Section 8 of this Act by | ||
the Illinois State Police shall be entitled to a Firearm | ||
Owner's Identification Card upon the payment of a $10 fee and | ||
applicable processing fees. The processing fees shall be | ||
limited to charges by the State Treasurer for using the | ||
electronic online payment system. Any applicant who is an |
active duty member of the Armed Forces of the United States, a | ||
member of the Illinois National Guard, or a member of the | ||
Reserve Forces of the United States is exempt from the | ||
application fee. $5 of each fee derived from the issuance of a | ||
Firearm Owner's Identification Card or renewals thereof shall | ||
be deposited in the State Police Firearm Services Fund and $5 | ||
into the State Police Firearm Revocation Enforcement Fund. | ||
(b) Renewal applications shall be approved or denied | ||
within 60 business days, provided the applicant submitted his | ||
or her renewal application prior to the expiration of his or | ||
her Firearm Owner's Identification Card. If a renewal | ||
application has been submitted prior to the expiration date of | ||
the applicant's Firearm Owner's Identification Card, the | ||
Firearm Owner's Identification Card shall remain valid while | ||
the Illinois State Police processes the application, unless | ||
the person is subject to or becomes subject to revocation | ||
under this Act. The cost for a renewal application shall be $10 | ||
and may include applicable processing fees, which shall be | ||
limited to charges by the State Treasurer for using the | ||
electronic online payment system, which shall be deposited | ||
into the State Police Firearm Services Fund. | ||
(c) If the Firearm Owner's Identification Card of a | ||
licensee under the Firearm Concealed Carry Act expires during | ||
the term of the licensee's concealed carry license, the | ||
Firearm Owner's Identification Card and the license remain | ||
valid and the licensee does not have to renew his or her |
Firearm Owner's Identification Card during the duration of the | ||
concealed carry license. Unless the Illinois State Police has | ||
reason to believe the licensee is no longer eligible for the | ||
card, the Illinois State Police may automatically renew the | ||
licensee's Firearm Owner's Identification Card and send a | ||
renewed Firearm Owner's Identification Card to the licensee. | ||
(d) The Illinois State Police may adopt rules concerning | ||
the use of voluntarily submitted fingerprints, as allowed by | ||
State and federal law. | ||
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||
102-813, eff. 5-13-22.) | ||
Section 65. The Criminal Code of 2012 is amended by | ||
changing Sections 29B-7 and 29B-12 as follows: | ||
(720 ILCS 5/29B-7) | ||
Sec. 29B-7. Safekeeping of seized property pending | ||
disposition. | ||
(a) If property is seized under this Article, the seizing | ||
agency shall promptly conduct an inventory of the seized | ||
property and estimate the property's value and shall forward a | ||
copy of the inventory of seized property and the estimate of | ||
the property's value to the Director. Upon receiving notice of | ||
seizure, the Director may: | ||
(1) place the property under seal; | ||
(2) remove the property to a place designated by the |
Director; | ||
(3) keep the property in the possession of the seizing | ||
agency; | ||
(4) remove the property to a storage area for | ||
safekeeping or, if the property is a negotiable instrument | ||
or money and is not needed for evidentiary purposes, | ||
deposit it in an interest bearing account; | ||
(5) place the property under constructive seizure by | ||
posting notice of pending forfeiture on it, by giving | ||
notice of pending forfeiture to its owners and interest | ||
holders, or by filing notice of pending forfeiture in any | ||
appropriate public record relating to the property; or | ||
(6) provide for another agency or custodian, including | ||
an owner, secured party, or lienholder, to take custody of | ||
the property upon the terms and conditions set by the | ||
Director. | ||
(b) When property is forfeited under this Article, the | ||
Director or the Director's designee shall sell all the | ||
property unless the property is required by law to be | ||
destroyed or is harmful to the public and shall distribute the | ||
proceeds of the sale, together with any moneys forfeited or | ||
seized, under Section 29B-26 of this Article. | ||
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) | ||
(720 ILCS 5/29B-12) | ||
Sec. 29B-12. Non-judicial forfeiture. If non-real |
property that exceeds $20,000 in value excluding the value of | ||
any conveyance, or if real property is seized under the | ||
provisions of this Article, the State's Attorney shall | ||
institute judicial in rem forfeiture proceedings as described | ||
in Section 29B-13 of this Article within 28 days from receipt | ||
of notice of seizure from the seizing agency under Section | ||
29B-8 of this Article. However, if non-real property that does | ||
not exceed $20,000 in value excluding the value of any | ||
conveyance is seized, the following procedure shall be used: | ||
(1) If, after review of the facts surrounding the | ||
seizure, the State's Attorney is of the opinion that the | ||
seized property is subject to forfeiture, then, within 28 | ||
days after the receipt of notice of seizure from the | ||
seizing agency, the State's Attorney shall cause notice of | ||
pending forfeiture to be given to the owner of the | ||
property and all known interest holders of the property in | ||
accordance with Section 29B-10 of this Article. | ||
(2) The notice of pending forfeiture shall include a | ||
description of the property, the estimated value of the | ||
property, the date and place of seizure, the conduct | ||
giving rise to forfeiture or the violation of law alleged, | ||
and a summary of procedures and procedural rights | ||
applicable to the forfeiture action. | ||
(3)(A) Any person claiming an interest in property | ||
that is the subject of notice under paragraph (1) of this | ||
Section, must, in order to preserve any rights or claims |
to the property, within 45 days after the effective date | ||
of notice as described in Section 29B-10 of this Article, | ||
file a verified claim with the State's Attorney expressing | ||
his or her interest in the property. The claim shall set | ||
forth: | ||
(i) the caption of the proceedings as set forth on | ||
the notice of pending forfeiture and the name of the | ||
claimant; | ||
(ii) the address at which the claimant will accept | ||
mail; | ||
(iii) the nature and extent of the claimant's | ||
interest in the property; | ||
(iv) the date, identity of the transferor, and | ||
circumstances of the claimant's acquisition of the | ||
interest in the property; | ||
(v) the names and addresses of all other persons | ||
known to have an interest in the property; | ||
(vi) the specific provision of law relied on in | ||
asserting the property is not subject to forfeiture; | ||
(vii) all essential facts supporting each | ||
assertion; and | ||
(viii) the relief sought. | ||
(B) If a claimant files the claim, then the State's | ||
Attorney shall institute judicial in rem forfeiture | ||
proceedings with the clerk of the court as described in | ||
Section 29B-13 of this Article within 28 days after |
receipt of the claim. | ||
(4) If no claim is filed within the 28-day period as | ||
described in paragraph (3) of this Section, the State's | ||
Attorney shall declare the property forfeited and shall | ||
promptly notify the owner and all known interest holders | ||
of the property and the Director of the Illinois State | ||
Police of the declaration of forfeiture and the Director | ||
or the Director's designee shall dispose of the property | ||
in accordance with law. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
Section 70. The Drug Asset Forfeiture Procedure Act is | ||
amended by changing Section 6 as follows: | ||
(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676) | ||
Sec. 6. Non-judicial forfeiture. If non-real property that | ||
exceeds $150,000 in value excluding the value of any | ||
conveyance, or if real property is seized under the provisions | ||
of the Illinois Controlled Substances Act, the Cannabis | ||
Control Act, or the Methamphetamine Control and Community | ||
Protection Act, the State's Attorney shall institute judicial | ||
in rem forfeiture proceedings as described in Section 9 of | ||
this Act within 28 days from receipt of notice of seizure from | ||
the seizing agency under Section 5 of this Act. However, if | ||
non-real property that does not exceed $150,000 in value | ||
excluding the value of any conveyance is seized, the following |
procedure shall be used: | ||
(A) If, after review of the facts surrounding the | ||
seizure, the State's Attorney is of the opinion that the | ||
seized property is subject to forfeiture, then, within 28 | ||
days of the receipt of notice of seizure from the seizing | ||
agency, the State's Attorney shall cause notice of pending | ||
forfeiture to be given to the owner of the property and all | ||
known interest holders of the property in accordance with | ||
Section 4 of this Act. | ||
(B) The notice of pending forfeiture must include a | ||
description of the property, the estimated value of the | ||
property, the date and place of seizure, the conduct | ||
giving rise to forfeiture or the violation of law alleged, | ||
and a summary of procedures and procedural rights | ||
applicable to the forfeiture action. | ||
(C)(1) Any person claiming an interest in property | ||
which is the subject of notice under subsection (A) of | ||
this Section may, within 45 days after the effective date | ||
of notice as described in Section 4 of this Act, file a | ||
verified claim with the State's Attorney expressing his or | ||
her interest in the property. The claim must set forth: | ||
(i) the caption of the proceedings as set forth on | ||
the notice of pending forfeiture and the name of the | ||
claimant; | ||
(ii) the address at which the claimant will accept | ||
mail; |
(iii) the nature and extent of the claimant's | ||
interest in the property; | ||
(iv) the date, identity of the transferor, and | ||
circumstances of the claimant's acquisition of the | ||
interest in the property; | ||
(v) the names and addresses of all other persons | ||
known to have an interest in the property; | ||
(vi) the specific provision of law relied on in | ||
asserting the property is not subject to forfeiture; | ||
(vii) all essential facts supporting each | ||
assertion; and | ||
(viii) the relief sought. | ||
(2) If a claimant files the claim then the State's | ||
Attorney shall institute judicial in rem forfeiture | ||
proceedings within 28 days after receipt of the claim. | ||
(D) If no claim is filed within the 45-day period as | ||
described in subsection (C) of this Section, the State's | ||
Attorney shall declare the property forfeited and shall | ||
promptly notify the owner and all known interest holders | ||
of the property and the Director of the Illinois State | ||
Police of the declaration of forfeiture and the Director | ||
or the Director's designee shall dispose of the property | ||
in accordance with law. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
Section 75. The Unified Code of Corrections is amended by |
changing Section 5-5.5-5 as follows: | ||
(730 ILCS 5/5-5.5-5) | ||
Sec. 5-5.5-5. Definition. In this Article, "eligible | ||
offender" means a person who has been convicted of a crime in | ||
this State or of an offense in any other jurisdiction that does | ||
not include any offense or attempted offense that would | ||
subject a person to registration under the Sex Offender | ||
Registration Act, Arsonist Registry Act the Arsonist | ||
Registration Act , or the Murderer and Violent Offender Against | ||
Youth Registration Act. "Eligible offender" does not include a | ||
person who has been convicted of arson, aggravated arson, | ||
kidnapping, aggravated kidnaping, aggravated driving under the | ||
influence of alcohol, other drug or drugs, or intoxicating | ||
compound or compounds, or any combination thereof, or | ||
aggravated domestic battery. | ||
(Source: P.A. 99-381, eff. 1-1-16; 99-642, eff. 7-28-16.) | ||
Section 80. The Arsonist Registration Act is amended by | ||
changing Sections 1, 5, 10, 60, and 75 as follows: | ||
(730 ILCS 148/1) | ||
Sec. 1. Short title. This Act may be cited as the Arsonist | ||
Registry Registration Act. | ||
(Source: P.A. 93-949, eff. 1-1-05.) |
(730 ILCS 148/5) | ||
Sec. 5. Definitions. In this Act: | ||
(a) "Arsonist" means any person who is: | ||
(1) charged under Illinois law, or any substantially | ||
similar federal, Uniform Code of Military Justice, sister | ||
state, or foreign country law, with an arson offense, set | ||
forth in subsection (b) of this Section or the attempt to | ||
commit an included arson offense, and: | ||
(i) is convicted of such offense or an attempt to | ||
commit such offense; or | ||
(ii) is found not guilty by reason of insanity of | ||
such offense or an attempt to commit such offense; or | ||
(iii) is found not guilty by reason of insanity | ||
under subsection (c) of Section 104-25 of the Code of | ||
Criminal Procedure of 1963 of such offense or an | ||
attempt to commit such offense; or | ||
(iv) is the subject of a finding not resulting in | ||
an acquittal at a hearing conducted under subsection | ||
(a) of Section 104-25 of the Code of Criminal | ||
Procedure of 1963 for the alleged commission or | ||
attempted commission of such offense; or | ||
(v) is found not guilty by reason of insanity | ||
following a hearing conducted under a federal, Uniform | ||
Code of Military Justice, sister state, or foreign | ||
country law substantially similar to subsection (c) of | ||
Section 104-25 of the Code of Criminal Procedure of |
1963 of such offense or of the attempted commission of | ||
such offense; or | ||
(vi) is the subject of a finding not resulting in | ||
an acquittal at a hearing conducted under a federal, | ||
Uniform Code of Military Justice, sister state, or | ||
foreign country law substantially similar to | ||
subsection (a) of Section 104-25 of the Code of | ||
Criminal Procedure of 1963 for the alleged violation | ||
or attempted commission of such offense; | ||
(2) a minor who has been tried and convicted in an | ||
adult criminal prosecution as the result of committing or | ||
attempting to commit an offense specified in subsection | ||
(b) of this Section or a violation of any substantially | ||
similar federal, Uniform Code of Military Justice, sister | ||
state, or foreign country law. Convictions that result | ||
from or are connected with the same act, or result from | ||
offenses committed at the same time, shall be counted for | ||
the purpose of this Act as one conviction. Any conviction | ||
set aside under law is not a conviction for purposes of | ||
this Act. | ||
(b) "Arson offense" means: | ||
(1) A conviction violation of any of the following | ||
Sections of the Criminal Code of 1961 or the Criminal Code | ||
of 2012: | ||
(i) 20-1 (arson; residential arson; place of | ||
worship arson), |
(ii) 20-1.1 (aggravated arson), | ||
(iii) 20-1(b) or 20-1.2 (residential arson), | ||
(iv) 20-1(b-5) or 20-1.3 (place of worship arson), | ||
(v) 20-2 (possession of explosives or explosive or | ||
incendiary devices), or | ||
(vi) An attempt to commit any of the offenses | ||
listed in clauses (i) through (v). | ||
(2) A violation of any former law of this State | ||
substantially equivalent to any offense listed in | ||
subsection (b) of this Section. | ||
(c) A conviction for an offense of federal law, Uniform | ||
Code of Military Justice, or the law of another state or a | ||
foreign country that is substantially equivalent to any | ||
offense listed in subsection (b) of this Section shall | ||
constitute a conviction for the purpose of this Act. | ||
(d) "Law enforcement agency having jurisdiction" means the | ||
Chief of Police in each of the municipalities in which the | ||
arsonist expects to reside, work, or attend school (1) upon | ||
his or her discharge, parole or release or (2) during the | ||
service of his or her sentence of probation or conditional | ||
discharge, or the Sheriff of the county, in the event no Police | ||
Chief exists or if the offender intends to reside, work, or | ||
attend school in an unincorporated area. "Law enforcement | ||
agency having jurisdiction" includes the location where | ||
out-of-state students attend school and where out-of-state | ||
employees are employed or are otherwise required to register. |
(e) "Out-of-state student" means any arsonist, as defined | ||
in this Section, who is enrolled in Illinois, on a full-time or | ||
part-time basis, in any public or private educational | ||
institution, including, but not limited to, any secondary | ||
school, trade or professional institution, or institution of | ||
higher learning. | ||
(f) "Out-of-state employee" means any arsonist, as defined | ||
in this Section, who works in Illinois, regardless of whether | ||
the individual receives payment for services performed, for a | ||
period of time of 10 or more days or for an aggregate period of | ||
time of 30 or more days during any calendar year. Persons who | ||
operate motor vehicles in the State accrue one day of | ||
employment time for any portion of a day spent in Illinois. | ||
(g) "I-CLEAR" means the Illinois Citizens and Law | ||
Enforcement Analysis and Reporting System. | ||
(Source: P.A. 99-78, eff. 7-20-15.) | ||
(730 ILCS 148/10) | ||
Sec. 10. Statewide Arsonist Database Duty to register . | ||
(a) The Illinois State Police shall establish and maintain | ||
a Statewide Arsonist Database for the purpose of identifying | ||
arsonists and making that information available to law | ||
enforcement and the general public. For every person convicted | ||
of a violation of an arson offense on or after the effective | ||
date of this amendatory Act of the 103rd General Assembly, the | ||
Statewide Arsonist Database shall contain information relating |
to each arsonist for a period of 10 years after conviction for | ||
an arson offense. The information may include the arsonist's | ||
name, date of birth, offense or offenses requiring inclusion | ||
in the Statewide Arsonist Database, the conviction date and | ||
county of each such offense, and such other identifying | ||
information as the Illinois State Police deems necessary to | ||
identify the arsonist, but shall not include the social | ||
security number of the arsonist. The registry may include a | ||
photograph of the arsonist. | ||
(b) The Illinois State Police may adopt rules in | ||
accordance with the Illinois Administrative Procedure Act to | ||
implement this Section and those rules must include procedures | ||
to ensure that the information in the database is accurate, | ||
and that the information in the database reflects any changes | ||
based on the reversal of a conviction for an offense requiring | ||
inclusion in the Statewide Arsonist Database, or a court order | ||
requiring the sealing or expungement of records relating to | ||
the offense. A certified copy of such an order shall be deemed | ||
prima facie true and correct and shall be sufficient to | ||
require the immediate amendment or removal of any person's | ||
information from the Statewide Arsonist Database by the | ||
Illinois State Police. | ||
(c) The Illinois State Police must have the Statewide | ||
Arsonist Database created and ready to comply with the | ||
requirements of this Section no later than July 1, 2025. An | ||
arsonist shall, within the time period prescribed in |
subsections (b) and (c), register in person and provide | ||
accurate information as required by the Illinois State Police. | ||
Such information shall include current address, current place | ||
of employment, and school attended. The arsonist shall | ||
register: | ||
(1) with the chief of police in each of the | ||
municipalities in which he or she attends school, is | ||
employed, resides or is temporarily domiciled for a period | ||
of time of 10 or more days, unless the municipality is the | ||
City of Chicago, in which case he or she shall register at | ||
a fixed location designated by the Superintendent of the | ||
Chicago Police Department; or | ||
(2) with the sheriff in each of the counties in which | ||
he or she attends school, is employed, resides or is | ||
temporarily domiciled in an unincorporated area or, if | ||
incorporated, no police chief exists. For purposes of this | ||
Act, the place of residence or temporary domicile is | ||
defined as any and all places where the arsonist resides | ||
for an aggregate period of time of 10 or more days during | ||
any calendar year. The arsonist shall provide accurate | ||
information as required by the Illinois State Police. That | ||
information shall include the arsonist's current place of | ||
employment. | ||
(a-5) An out-of-state student or out-of-state employee | ||
shall, within 10 days after beginning school or employment in | ||
this State, register in person and provide accurate |
information as required by the Illinois State Police. Such | ||
information must include current place of employment, school | ||
attended, and address in state of residence: | ||
(1) with the chief of police in each of the | ||
municipalities in which he or she attends school or is | ||
employed for a period of time of 10 or more days or for an | ||
aggregate period of time of more than 30 days during any | ||
calendar year, unless the municipality is the City of | ||
Chicago, in which case he or she shall register at a fixed | ||
location designated by the Superintendent of the Chicago | ||
Police Department; or | ||
(2) with the sheriff in each of the counties in which | ||
he or she attends school or is employed for a period of | ||
time of 10 or more days or for an aggregate period of time | ||
of more than 30 days during any calendar year in an | ||
unincorporated area or, if incorporated, no police chief | ||
exists. The out-of-state student or out-of-state employee | ||
shall provide accurate information as required by the | ||
Illinois State Police. That information shall include the | ||
out-of-state student's current place of school attendance | ||
or the out-of-state employee's current place of | ||
employment. | ||
(b) An arsonist as defined in Section 5 of this Act, | ||
regardless of any initial, prior, or other registration, | ||
shall, within 10 days of beginning school, or establishing a | ||
residence, place of employment, or temporary domicile in any |
county, register in person as set forth in subsection (a) or | ||
(a-5). | ||
(c) The registration for any person required to register | ||
under this Act shall be as follows: | ||
(1) Except as provided in paragraph (3) of this | ||
subsection (c), any person who has not been notified of | ||
his or her responsibility to register shall be notified by | ||
a criminal justice entity of his or her responsibility to | ||
register. Upon notification the person must then register | ||
within 10 days of notification of his or her requirement | ||
to register. If notification is not made within the | ||
offender's 10 year registration requirement, and the | ||
Illinois State Police determines no evidence exists or | ||
indicates the offender attempted to avoid registration, | ||
the offender will no longer be required to register under | ||
this Act. | ||
(2) Except as provided in paragraph (3) of this | ||
subsection (c), any person convicted on or after the | ||
effective date of this Act shall register in person within | ||
10 days after the entry of the sentencing order based upon | ||
his or her conviction. | ||
(3) Any person unable to comply with the registration | ||
requirements of this Act because he or she is confined, | ||
institutionalized, or imprisoned in Illinois on or after | ||
the effective date of this Act shall register in person | ||
within 10 days of discharge, parole or release. |
(4) The person shall provide positive identification | ||
and documentation that substantiates proof of residence at | ||
the registering address. | ||
(5) The person shall pay a $10 initial registration | ||
fee and a $5 annual renewal fee. The fees shall be used by | ||
the registering agency for official purposes. The agency | ||
shall establish procedures to document receipt and use of | ||
the funds. The law enforcement agency having jurisdiction | ||
may waive the registration fee if it determines that the | ||
person is indigent and unable to pay the registration fee. | ||
(d) Within 10 days after obtaining or changing employment, | ||
a person required to register under this Section must report, | ||
in person or in writing to the law enforcement agency having | ||
jurisdiction, the business name and address where he or she is | ||
employed. If the person has multiple businesses or work | ||
locations, every business and work location must be reported | ||
to the law enforcement agency having jurisdiction. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
(730 ILCS 148/60) | ||
Sec. 60. Public inspection of registry registration data . | ||
(a) Except as otherwise provided in subsection (b), the | ||
statements or any other information required by this Act shall | ||
not be open to inspection by the public, or by any person other | ||
than by a law enforcement officer or other individual as may be | ||
authorized by law and shall include law enforcement agencies |
of this State, any other state, or of the federal government. | ||
Similar information may be requested from any law enforcement | ||
agency of another state or of the federal government for | ||
purposes of this Act. It is a Class B misdemeanor to permit the | ||
unauthorized release of any information required by this Act. | ||
(b) The Illinois State Police shall furnish to the Office | ||
of the State Fire Marshal the registry registration | ||
information concerning persons covered who are required to | ||
register under this Act. The Office of the State Fire Marshal | ||
shall establish and maintain a Statewide Arsonist Database for | ||
the purpose of making that information available to the public | ||
on the Internet by means of a hyperlink labeled "Arsonist | ||
Information" on the Office of the State Fire Marshal's | ||
website. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
(730 ILCS 148/75) | ||
Sec. 75. Access to State of Illinois databases. The | ||
Illinois State Police shall have access to State of Illinois | ||
databases containing information that may help in the | ||
identification or location of persons covered required to | ||
register under this Act. Interagency agreements shall be | ||
implemented, consistent with security and procedures | ||
established by the State agency and consistent with the laws | ||
governing the confidentiality of the information in the | ||
databases. Information shall be used only for administration |
of this Act. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
(730 ILCS 148/15 rep.) | ||
(730 ILCS 148/20 rep.) | ||
(730 ILCS 148/25 rep.) | ||
(730 ILCS 148/30 rep.) | ||
(730 ILCS 148/35 rep.) | ||
(730 ILCS 148/40 rep.) | ||
(730 ILCS 148/45 rep.) | ||
(730 ILCS 148/50 rep.) | ||
(730 ILCS 148/55 rep.) | ||
(730 ILCS 148/65 rep.) | ||
(730 ILCS 148/70 rep.) | ||
(730 ILCS 148/80 rep.) | ||
Section 85. The Arsonist Registration Act is amended by | ||
repealing Sections 15, 20, 25, 30, 35, 40, 45, 50, 55, 65, 70, | ||
and 80. | ||
Section 90. The Code of Civil Procedure is amended by | ||
changing Sections 21-101 and 21-102 as follows: | ||
(735 ILCS 5/21-101) (from Ch. 110, par. 21-101) | ||
Sec. 21-101. Proceedings; parties. | ||
(a) If any person who is a resident of this State and has | ||
resided in this State for 6 months desires to change his or her |
name and to assume another name by which to be afterwards | ||
called and known, the person may file a petition requesting | ||
that relief in the circuit court of the county wherein he or | ||
she resides. | ||
(b) A person who has been convicted of any offense for | ||
which a person is required to register under the Sex Offender | ||
Registration Act, the Murderer and Violent Offender Against | ||
Youth Registration Act, or the Arsonist Registry Act Arsonist | ||
Registration Act in this State or any other state and who has | ||
not been pardoned is not permitted to file a petition for a | ||
name change in the courts of this State during the period that | ||
the person is required to register, unless that person | ||
verifies under oath, as provided under Section 1-109, that the | ||
petition for the name change is due to marriage, religious | ||
beliefs, status as a victim of trafficking or gender-related | ||
identity as defined by the Illinois Human Rights Act. A judge | ||
may grant or deny the request for legal name change filed by | ||
such persons. Any such persons granted a legal name change | ||
shall report the change to the law enforcement agency having | ||
jurisdiction of their current registration pursuant to the | ||
Duty to Report requirements specified in Section 35 of the | ||
Arsonist Registration Act, Section 20 of the Murderer and | ||
Violent Offender Against Youth Registration Act , and Section 6 | ||
of the Sex Offender Registration Act. For the purposes of this | ||
subsection, a person will not face a felony charge if the | ||
person's request for legal name change is denied without proof |
of perjury. | ||
(b-1) A person who has been convicted of a felony offense | ||
in this State or any other state and whose sentence has not | ||
been completed, terminated, or discharged is not permitted to | ||
file a petition for a name change in the courts of this State | ||
unless that person is pardoned for the offense. | ||
(c) A petitioner may include his or her spouse and adult | ||
unmarried children, with their consent, and his or her minor | ||
children where it appears to the court that it is for their | ||
best interest, in the petition and relief requested, and the | ||
court's order shall then include the spouse and children. | ||
Whenever any minor has resided in the family of any person for | ||
the space of 3 years and has been recognized and known as an | ||
adopted child in the family of that person, the application | ||
herein provided for may be made by the person having that minor | ||
in his or her family. | ||
An order shall be entered as to a minor only if the court | ||
finds by clear and convincing evidence that the change is | ||
necessary to serve the best interest of the child. In | ||
determining the best interest of a minor child under this | ||
Section, the court shall consider all relevant factors, | ||
including: | ||
(1) The wishes of the child's parents and any person | ||
acting as a parent who has physical custody of the child. | ||
(2) The wishes of the child and the reasons for those | ||
wishes. The court may interview the child in chambers to |
ascertain the child's wishes with respect to the change of | ||
name. Counsel shall be present at the interview unless | ||
otherwise agreed upon by the parties. The court shall | ||
cause a court reporter to be present who shall make a | ||
complete record of the interview instantaneously to be | ||
part of the record in the case. | ||
(3) The interaction and interrelationship of the child | ||
with his or her parents or persons acting as parents who | ||
have physical custody of the child, step-parents, | ||
siblings, step-siblings, or any other person who may | ||
significantly affect the child's best interest. | ||
(4) The child's adjustment to his or her home, school, | ||
and community. | ||
(d) If it appears to the court that the conditions and | ||
requirements under this Article have been complied with and | ||
that there is no reason why the relief requested should not be | ||
granted, the court, by an order to be entered of record, may | ||
direct and provide that the name of that person be changed in | ||
accordance with the relief requested in the petition. If the | ||
circuit court orders that a name change be granted to a person | ||
who has been adjudicated or convicted of a felony or | ||
misdemeanor offense under the laws of this State or any other | ||
state for which a pardon has not been granted, or has an arrest | ||
for which a charge has not been filed or a pending charge on a | ||
felony or misdemeanor offense, a copy of the order, including | ||
a copy of each applicable access and review response, shall be |
forwarded to the Illinois State Police. The Illinois State | ||
Police shall update any criminal history transcript or | ||
offender registration of each person 18 years of age or older | ||
in the order to include the change of name as well as his or | ||
her former name. | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||
revised 12-15-23.) | ||
(735 ILCS 5/21-102) (from Ch. 110, par. 21-102) | ||
Sec. 21-102. Petition; update criminal history transcript. | ||
(a) The petition shall be a statewide standardized form | ||
approved by the Illinois Supreme Court and shall set forth the | ||
name then held, the name sought to be assumed, the residence of | ||
the petitioner, the length of time the petitioner has resided | ||
in this State, and the state or country of the petitioner's | ||
nativity or supposed nativity. The petition shall include a | ||
statement, verified under oath as provided under Section 1-109 | ||
of this Code, whether or not the petitioner or any other person | ||
18 years of age or older who will be subject to a change of | ||
name under the petition if granted: (1) has been adjudicated | ||
or convicted of a felony or misdemeanor offense under the laws | ||
of this State or any other state for which a pardon has not | ||
been granted; or (2) has an arrest for which a charge has not | ||
been filed or a pending charge on a felony or misdemeanor | ||
offense. The petition shall be signed by the person | ||
petitioning or, in case of minors, by the parent or guardian |
having the legal custody of the minor. | ||
(b) If the statement provided under subsection (a) of this | ||
Section indicates the petitioner or any other person 18 years | ||
of age or older who will be subject to a change of name under | ||
the petition, if granted, has been adjudicated or convicted of | ||
a felony or misdemeanor offense under the laws of this State or | ||
any other state for which a pardon has not been granted, or has | ||
an arrest for which a charge has not been filed or a pending | ||
charge on a felony or misdemeanor offense, the State's | ||
Attorney may request the court to or the court may on its own | ||
motion, require the person, prior to a hearing on the | ||
petition, to initiate an update of his or her criminal history | ||
transcript with the Illinois State Police. The Illinois State | ||
Police Department shall allow a person to use the Access and | ||
Review process, established by rule in the Illinois State | ||
Police Department , for this purpose. Upon completion of the | ||
update of the criminal history transcript, the petitioner | ||
shall file confirmation of each update with the court, which | ||
shall seal the records from disclosure outside of court | ||
proceedings on the petition. | ||
(c) Any petition filed under subsection (a) shall include | ||
the following: "WARNING: If you are required to register under | ||
the Sex Offender Registration Act, the Murderer and Violent | ||
Offender Against Youth Registration Act, or the Arsonist | ||
Registry Act Arsonist Registration Act in this State or a | ||
similar law in any other state and have not been pardoned, you |
will be committing a felony under those respective Acts by | ||
seeking a change of name during the registration period UNLESS | ||
your request for legal name change is due to marriage, | ||
religious beliefs, status as a victim of trafficking or gender | ||
related identity as defined by the Illinois Human Rights | ||
Act.". | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||
revised 12-15-23.) | ||
Section 99. Effective date. This Act takes effect July 1, | ||
2024. |