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Public Act 096-0707
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| SB1030 Enrolled |
LRB096 07100 RLC 17186 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Criminal Identification Act is amended by |
changing Section 5 as follows:
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(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
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Sec. 5. Arrest reports; expungement.
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(a) All policing bodies of this State shall furnish to the |
Department,
daily, in the form and detail the Department |
requires, fingerprints and
descriptions of all persons who are |
arrested on charges of violating any penal
statute of this |
State for offenses that are classified as felonies and Class
A |
or B misdemeanors and of all minors of the age of 10 and over |
who have been
arrested for an offense which would be a felony |
if committed by an adult, and
may forward such fingerprints and |
descriptions for minors arrested for Class A
or B misdemeanors. |
Moving or nonmoving traffic violations under the Illinois
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Vehicle Code shall not be reported except for violations of |
Chapter 4, Section
11-204.1, or Section 11-501 of that Code. In |
addition, conservation offenses,
as defined in the Supreme |
Court Rule 501(c), that are classified as Class B
misdemeanors |
shall not be reported. Those law enforcement records maintained |
by the Department for minors arrested for an offense prior to |
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their 17th birthday, or minors arrested for a non-felony |
offense, if committed by an adult, prior to their 18th |
birthday, shall not be forwarded to the Federal Bureau of |
Investigation unless those records relate to an arrest in which |
a minor was charged as an adult under any of the transfer |
provisions of the Juvenile Court Act of 1987.
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Whenever an adult or minor prosecuted as an adult,
not |
having previously been convicted of any criminal offense or |
municipal
ordinance violation, charged with a violation of a |
municipal ordinance or a
felony or misdemeanor, is acquitted or |
released without being convicted,
whether the acquittal or |
release occurred before, on, or after the
effective date of |
this amendatory Act of 1991, the Chief Judge of the circuit
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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 |
defendant's trial may upon verified petition of the
defendant |
order the record of arrest expunged from the official records |
of the
arresting authority and the Department and order that |
the records of the clerk
of the circuit court be sealed until |
further order of the court upon good cause
shown and the name |
of the defendant 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. The Department may charge the petitioner a fee
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equivalent to the cost of processing any order to expunge or |
seal the records,
and the fee shall be deposited into the State |
Police Services Fund. The
records of those arrests, however, |
that result in a disposition of
supervision for any offense |
shall not be expunged from the records of the
arresting |
authority or the Department nor impounded by the court until 2 |
years
after discharge and dismissal of supervision. Those |
records
that result from a supervision for a violation of |
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois |
Vehicle Code or a similar provision
of a local ordinance, or |
for a violation of Section 12-3.2, 12-15 or 16A-3
of the |
Criminal Code of 1961, or 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
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 when the judgment of
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conviction has been vacated, Section 40-10 of the Alcoholism |
and Other Drug
Abuse and Dependency Act when the judgment of |
conviction has been vacated,
or Section 10 of the Steroid |
Control Act shall not be expunged from the records
of the |
arresting authority nor impounded by the court until 5 years |
after
termination of probation or supervision. Those records |
that result from a
supervision for a violation of Section |
11-501 of the Illinois Vehicle Code or
a similar provision of a |
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local ordinance, shall not be expunged. All records
set out |
above may be ordered by the court to be expunged from the |
records of
the arresting authority and impounded by the court |
after 5 years, but shall
not be expunged by the Department, but |
shall, on court order be sealed by the
Department and may be |
disseminated by the Department only as required by law or
to |
the arresting authority, the State's Attorney, and the court |
upon a later
arrest for the same or a similar offense or for |
the purpose of sentencing for
any subsequent felony. Upon |
conviction for any offense, the Department of
Corrections shall |
have access to all sealed records of the Department
pertaining |
to that individual.
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(a-5) Those records maintained by the Department for |
persons arrested
prior to their 17th birthday shall be expunged |
as provided in Section 5-915 of
the Juvenile Court Act of 1987.
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(b) Whenever a person has been convicted of a crime or of |
the violation of
a municipal ordinance, in the name of a person |
whose identity he 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 identity, may, upon |
verified
petition to the chief judge of the circuit wherein the |
arrest was made,
have a court order entered nunc pro tunc by |
the chief judge to correct
the arrest record, conviction |
record, if any, and all official records of the
arresting |
authority, the Department, other criminal justice agencies, |
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the
prosecutor, and the trial court concerning such arrest, if |
any, by removing his
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
clerk 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
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the circuit court clerk before the entry of the order. Nothing |
in this Section
shall limit the Department of State Police or |
other criminal justice agencies
or prosecutors from listing |
under an offender's name the false names he or she
has used. |
For purposes of this Section, convictions for moving and |
nonmoving
traffic violations other than convictions for |
violations of Chapter 4, Section
11-204.1 or Section 11-501 of |
the Illinois Vehicle Code shall not be a bar to
expunging the |
record of arrest and court records for
violation of a |
misdemeanor or municipal ordinance.
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(c) Whenever a person who has been convicted of an offense |
is granted
a pardon by the Governor which specifically |
authorizes expungement, he 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
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counties of less than 3,000,000 inhabitants, the presiding |
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trial judge at the
defendant's trial, may 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 clerk of the circuit court and the Department be sealed |
until
further order of the court upon good cause shown or as |
otherwise provided
herein, and the name of the defendant |
obliterated from the official index
requested to be kept by the |
circuit court clerk under Section 16 of the Clerks
of Courts |
Act in connection with the arrest and conviction for the |
offense for
which he had been pardoned but the order shall not |
affect any index issued by
the circuit court clerk before the |
entry of the order. All records sealed by
the Department may be |
disseminated by the Department only as required by law or
to |
the arresting authority, the State's Attorney, and the court |
upon a later
arrest for the same or similar offense or for the |
purpose of sentencing for any
subsequent felony. Upon |
conviction for any subsequent offense, the Department
of |
Corrections shall have access to all sealed records of the |
Department
pertaining to that individual. Upon entry of the |
order of expungement, the
clerk of the circuit court shall |
promptly mail a copy of the order to the
person who was |
pardoned.
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(c-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 |
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may request that the State's Attorney of the county in which
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the conviction occurred file a verified petition with the |
presiding trial judge
at the defendant's trial to have a court |
order entered to seal the records of
the clerk of the circuit |
court in connection with the proceedings of the trial
court |
concerning that offense. However, the records of the arresting |
authority
and the Department of State Police concerning the |
offense shall not be
sealed. The court, upon good cause shown, |
shall make the records of the clerk
of the circuit court in |
connection with the proceedings of the trial court
concerning |
the offense available for public inspection.
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(c-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 defendant
was factually innocent |
of
the charge, the court shall enter an expungement order as |
provided in
subsection (b) of Section 5-5-4
of the Unified Code |
of Corrections.
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(d) Notice of the petition for subsections (a), (b), and |
(c) shall be
served by the clerk upon the State's Attorney or |
prosecutor charged with the duty
of prosecuting the offense, |
the Department of State Police, the arresting
agency and the |
chief legal officer of the unit of local government
affecting |
the arrest. Unless the State's Attorney or prosecutor, the
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Department of State Police, the arresting agency or such chief |
legal officer
objects to the petition within 30 days from the |
date of the notice, the
court shall enter an order granting or |
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denying the petition. The clerk
of the court shall promptly |
mail a copy of the order to the person, the
arresting agency, |
the prosecutor, the Department of State Police and such
other |
criminal justice agencies as may be ordered by the judge.
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(e) Nothing herein shall prevent the Department of State |
Police from
maintaining all records of any person who is |
admitted to probation upon
terms and conditions and who |
fulfills those terms and conditions pursuant
to Section 10 of |
the Cannabis Control Act, Section 410 of the Illinois
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Controlled Substances Act, Section 70 of the Methamphetamine |
Control and Community Protection Act, Section 12-4.3 of the |
Criminal Code
of 1961, Section 10-102 of the Illinois |
Alcoholism and Other Drug
Dependency Act, Section 40-10 of the |
Alcoholism and Other Drug Abuse and
Dependency Act, or Section |
10 of the Steroid Control Act.
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(f) No court order issued under the expungement provisions |
of this
Section shall become final for purposes of appeal until |
30 days after
notice is received by the Department. Any court |
order contrary to the
provisions of this Section is void.
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(g) Except as otherwise provided in subsection (c-5) of |
this Section,
the court shall not order the sealing or |
expungement of the arrest
records and records of the circuit |
court clerk of any person granted
supervision for or convicted |
of any sexual offense committed against a minor
under 18 years |
of age. For the purposes of this Section, "sexual offense
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committed against a minor" includes but is not limited to the |
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offenses of
indecent solicitation of a child or criminal sexual |
abuse when the victim of
such offense is under 18 years of age.
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(h) (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. |
(2) Sealable offenses. The following offenses may be |
sealed: |
(A) All municipal ordinance violations and |
misdemeanors, with the exception of the following: |
(i) violations of Section 11-501 of the Illinois |
Vehicle Code or a similar provision of a local |
ordinance; |
(ii) violations of Article 11 of the Criminal Code |
of 1961 or a similar provision of a local ordinance, |
except Section 11-14 of the Criminal Code of 1961 as |
provided in clause B(i) of this subsection (h); |
(iii) violations of Section 12-15, 12-30, or 26-5 |
of the Criminal Code of 1961 or a similar provision of |
a local ordinance; |
(iv) violations that are a crime of violence as |
defined in Section 2 of the Crime Victims Compensation |
Act or a similar provision of a local ordinance; |
(v) Class A misdemeanor violations of the Humane |
Care for Animals Act; and |
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(vi) any offense or attempted offense that would |
subject a person to registration under the Sex Offender |
Registration Act. |
(B) Misdemeanor and Class 4 felony violations of: |
(i) Section 11-14 of the Criminal Code of 1961; |
(ii) Section 4 of the Cannabis Control Act; |
(iii) Section 402 of the Illinois Controlled |
Substances Act; and |
(iv) Section 60 of the Methamphetamine Control and |
Community Protection Act.
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However, for purposes of this subsection (h), a |
sentence of first offender probation under Section 10 of |
the Cannabis Control Act, Section 410 of the Illinois |
Controlled Substances Act, or Section 70 of the |
Methamphetamine Control and Community Protection Act shall |
be treated as a Class 4 felony conviction. |
(3) Requirements for sealing. Records identified as |
sealable under clause (h) (2) may be sealed when the individual |
was: |
(A) Acquitted of the offense or offenses or released |
without being convicted. |
(B) Convicted of the offense or offenses and the |
conviction or convictions were reversed. |
(C) Placed on misdemeanor supervision for an offense or |
offenses; and |
(i) at least 3 years have elapsed since the |
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completion of the term of supervision, or terms of |
supervision, if more than one term has been ordered; |
and |
(ii) the individual has not been convicted of a |
felony or misdemeanor or placed on supervision for a |
misdemeanor or felony during the period specified in |
clause (i). |
(D) Convicted of an offense or offenses; and |
(i) at least 4 years have elapsed since the last |
such conviction or term of any sentence, probation, |
parole, or supervision, if any, whichever is last in |
time; and |
(ii) the individual has not been convicted of a |
felony or misdemeanor or placed on supervision for a |
misdemeanor or felony during the period specified in |
clause (i). |
(4) Requirements for sealing of records when more than one |
charge and disposition have been filed. When multiple offenses |
are petitioned to be sealed under this subsection (h), the |
requirements of the relevant provisions of clauses (h)(3)(A) |
through (D) each apply. In instances in which more than one |
waiting period is applicable under clauses (h)(C)(i) and (ii) |
and (h)(D)(i) and (ii), the longer applicable period applies, |
and the requirements of clause (h) (3) shall be considered met |
when the petition is filed after the passage of the longer |
applicable waiting period. That period commences on the date of |
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the completion of the last sentence or the end of supervision, |
probation, or parole, whichever is last in time. |
(5) Subsequent convictions. A person may not have |
subsequent felony conviction records sealed as provided in this |
subsection (h) if he or she is convicted of any felony offense |
after the date of the sealing of prior felony records as |
provided in this subsection (h). |
(6) Notice of eligibility for sealing. Upon acquittal, |
release without conviction, or being placed on supervision for |
a sealable offense, or upon conviction of a sealable offense, |
the person shall be informed by the court of the right to have |
the records sealed and the procedures for the sealing of the |
records. |
(7) Procedure. Upon becoming eligible for the sealing of |
records under this subsection (h), the person who seeks the |
sealing of his or her records shall file a petition requesting |
the sealing of records with the clerk of the court where the |
charge or charges were brought. The records may be sealed by |
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 defendant's trial, if any. If charges were |
brought in multiple jurisdictions, a petition must be filed in |
each such jurisdiction. The petitioner shall pay the applicable |
fee, if not waived. |
(A) Contents of petition. The petition shall contain |
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the petitioner's name, date of birth, current address, each |
charge, each case number, the date of each charge, 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 |
clerk of the court of any change of address. |
(B) Drug test. A person filing a petition to have his |
or her records sealed for a Class 4 felony violation of |
Section 4 of the Cannabis Control Act or for a Class 4 |
felony violation of Section 402 of the Illinois Controlled |
Substances Act must attach to the petition proof that the |
petitioner has passed a test taken within the previous 30 |
days before the filing of the petition showing the absence |
within his or her body of all illegal substances in |
violation of either the Illinois Controlled Substances Act |
or the Cannabis Control Act. |
(C) Service of petition. The clerk shall promptly serve |
a copy of the petition on the State's Attorney or |
prosecutor charged with the duty of prosecuting the |
offense, the Department of State Police, the arresting |
agency and the chief legal officer of the unit of local |
government effecting the arrest. |
(D) Entry of order. Unless the State's Attorney or |
prosecutor, the Department of State Police, the arresting |
agency or such chief legal officer objects to sealing of |
the records within 90 days of notice the court shall enter |
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an order sealing the defendant's records. |
(E) Hearing upon objection. If an objection is filed, |
the court shall set a date for a hearing and notify the |
petitioner and the parties on whom the petition had been |
served, and shall hear evidence on whether the sealing of |
the records should or should not be granted, and shall make |
a determination on whether to issue an order to seal the |
records based on the evidence presented at the hearing. |
(F) Service of order. After entering the order to seal |
records, the court must provide copies of the order to the |
Department, in a form and manner prescribed by the |
Department, to the petitioner, to the State's Attorney or |
prosecutor charged with the duty of prosecuting the |
offense, to the arresting agency, to the chief legal |
officer of the unit of local government effecting the |
arrest, and to such other criminal justice agencies as may |
be ordered by the court. |
(8) Fees. Notwithstanding any provision of the Clerk of the |
Courts Act to the contrary, and subject to the approval of the |
county board, the clerk may charge a fee equivalent to the cost |
associated with the sealing of records by the clerk and the |
Department of State Police. The clerk shall forward the |
Department of State Police portion of the fee to the Department |
and it shall be deposited into the State Police Services Fund. |
(i) Subject to available funding, the Illinois Department |
of Corrections shall conduct a study of the impact of sealing, |
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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, in accordance to |
rules adopted by the Department. 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, 2006.
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(j) Notwithstanding any provision of the Clerks of Courts |
Act to the contrary, the clerk may charge a fee equivalent to |
the cost associated with the sealing or expungement of records |
by the clerk. From the total filing fee collected for the |
Petition to seal or expunge, the 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 clerk shall |
also charge a filing fee equivalent to the cost of sealing or |
expunging the record by the Department of State Police. The |
clerk shall collect and forward the Department of State Police |
portion of the fee to the Department and it shall be deposited |
in the State Police Services Fund. |
(Source: P.A. 94-556, eff. 9-11-05; 95-955, eff. 1-1-09; |
revised 10-28-08.)
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Section 7. The Counties Code is amended by changing |
Sections 4-2002 and 4-2002.1 as follows:
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(55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
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Sec. 4-2002. State's attorney fees in counties under |
3,000,000
population. This Section applies only to counties |
with fewer than
3,000,000 inhabitants.
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(a) State's attorneys shall be entitled to the following |
fees, however, the
fee requirement of this subsection does not |
apply to county boards:
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For each conviction in prosecutions on indictments for |
first degree murder,
second degree murder, involuntary |
manslaughter, criminal sexual assault,
aggravated criminal |
sexual assault, aggravated criminal sexual abuse,
kidnapping, |
arson and forgery, $30. All other cases punishable by |
imprisonment
in the penitentiary, $30.
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For each conviction in other cases tried before judges of |
the circuit
court, $15; except that if the conviction is in a |
case which may be
assigned to an associate judge, whether or |
not it is in fact assigned to
an associate judge, the fee shall |
be $10.
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For preliminary examinations for each defendant held to |
bail or
recognizance, $10.
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For each examination of a party bound over to keep the |
peace, $10.
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For each defendant held to answer in a circuit court on a |
charge of
paternity, $10.
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For each trial on a charge of paternity, $30.
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For each case of appeal taken from his county or from the |
county to
which a change of venue is taken to his county to the |
Supreme or
Appellate Court when prosecuted or defended by him, |
$50.
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For each day actually employed in the trial of a case, $25; |
in which
case the court before whom the case is tried shall |
make an order
specifying the number of days for which a per |
diem shall be allowed.
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For each day actually employed in the trial of cases of |
felony
arising in their respective counties and taken by change |
of venue to
another county, $25; and the court before whom the |
case is tried shall
make an order specifying the number of days |
for which said per diem
shall be allowed; and it is hereby made |
the duty of each State's
attorney to prepare and try each case |
of felony arising when so taken by
change of venue.
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For assisting in a trial of each case on an indictment for |
felony
brought by change of venue to their respective counties, |
the same fees
they would be entitled to if such indictment had |
been found for an
offense committed in his county, and it shall |
be the duty of the
State's attorney of the county to which such |
cause is taken by
change of venue to assist in the trial |
thereof.
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For each case of forfeited recognizance where the |
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forfeiture is set
aside at the instance of the defense, in |
addition to the ordinary costs,
$10 for each defendant.
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For each proceeding in a circuit court to inquire into the |
alleged
mental illness of any person, $10 for each defendant.
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For each proceeding in a circuit court to inquire into the |
alleged
dependency or delinquency of any child, $10.
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For each day actually employed in the hearing of a case of |
habeas
corpus in which the people are interested, $25.
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For each violation of the Criminal Code of 1961 and the |
Illinois Vehicle Code in which a defendant has entered a plea |
of guilty or a defendant has stipulated to the facts supporting |
the charge or a finding of guilt and the court has entered an |
order of supervision, $10.
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All the foregoing fees shall be taxed as costs to be |
collected from
the defendant, if possible, upon conviction. But |
in cases of inquiry
into the mental illness of any person |
alleged to be mentally ill, in
cases on a charge of paternity |
and in cases of appeal in the Supreme or
Appellate Court, where |
judgment is in favor of the accused, the fees
allowed the |
State's attorney therein shall be retained out of the fines
and |
forfeitures collected by them in other cases.
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Ten per cent of all moneys except revenue, collected by |
them and paid
over to the authorities entitled thereto, which |
per cent together with
the fees provided for herein that are |
not collected from the parties
tried or examined, shall be paid |
out of any fines and forfeited
recognizances collected by them, |
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provided however, that in proceedings
to foreclose the lien of |
delinquent real estate taxes State's attorneys
shall receive a |
fee, to be credited to the earnings of their office, of 10%
of |
the total amount realized from the sale of real estate sold in |
such
proceedings. Such fees shall be paid from the total amount |
realized from
the sale of the real estate sold in such |
proceedings.
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State's attorneys shall have a lien for their fees on all |
judgments
for fines or forfeitures procured by them and on |
moneys except revenue
received by them until such fees and |
earnings are fully paid.
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No fees shall be charged on more than 10 counts in any one |
indictment
or information on trial and conviction; nor on more |
than 10 counts
against any one defendant on pleas of guilty.
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The Circuit Court may direct that of all monies received, |
by
restitution or otherwise, which monies are ordered paid to |
the
Department of Healthcare and Family Services (formerly |
Department of Public Aid) or the Department of Human Services |
(acting as
successor to the Department of Public Aid under the |
Department of Human
Services Act) as a direct result of the |
efforts
of the
State's attorney and which payments arise from |
Civil or Criminal
prosecutions involving the Illinois Public |
Aid Code or the Criminal Code,
the
following amounts shall be |
paid quarterly by the Department of Healthcare and Family |
Services or the Department of Human Services to the General |
Corporate Fund of
the County in which the prosecution
or cause |
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of action took place:
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(1) where the monies result from child support |
obligations, not
more than 25% of the federal share of the |
monies received,
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(2) where the monies result from other than child |
support
obligations, not more than 25% of the State's share |
of the monies received.
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In addition to any other amounts to which State's Attorneys |
are entitled under this Section, State's Attorneys are entitled |
to $10 of the fine that is imposed under Section 5-9-1.17 of |
the Unified Code of Corrections, as set forth in that Section. |
(b) A municipality shall be entitled to a $10 prosecution |
fee for each
conviction for a violation of the Illinois Vehicle |
Code prosecuted by the
municipal attorney pursuant to Section |
16-102 of that Code which is tried
before a circuit or |
associate judge and shall be entitled to a $10
prosecution fee |
for each conviction for a violation of a municipal vehicle
|
ordinance or nontraffic ordinance prosecuted by the municipal |
attorney
which is tried before a circuit or associate judge. |
Such fee shall be taxed as
costs to be collected from the |
defendant, if possible, upon conviction. A
municipality shall |
have a lien for such prosecution fees on all judgments or
fines |
procured by the municipal attorney from prosecutions for |
violations of
the Illinois Vehicle Code and municipal vehicle |
ordinances or nontraffic
ordinances.
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For the purposes of this subsection (b), "municipal vehicle |
|
ordinance"
means any ordinance enacted pursuant to Sections |
11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois |
Municipal Code or any ordinance enacted by a
municipality which |
is similar to a provision of Chapter 11 of the Illinois
Vehicle |
Code.
|
(Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08.)
|
(55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
|
Sec. 4-2002.1. State's attorney fees in counties of |
3,000,000 or more
population. This Section applies only to |
counties with 3,000,000 or more
inhabitants.
|
(a) State's attorneys shall be entitled to the following |
fees:
|
For each conviction in prosecutions on indictments for |
first degree
murder, second degree murder, involuntary |
manslaughter, criminal sexual
assault, aggravated criminal |
sexual assault, aggravated criminal sexual
abuse, kidnapping, |
arson and forgery, $60. All other cases punishable by
|
imprisonment in the penitentiary, $60.
|
For each conviction in other cases tried before judges of |
the circuit
court, $30; except that if the conviction is in a |
case which may be
assigned to an associate judge, whether or |
not it is in fact assigned to
an associate judge, the fee shall |
be $20.
|
For preliminary examinations for each defendant held to |
bail or
recognizance, $20.
|
|
For each examination of a party bound over to keep the |
peace, $20.
|
For each defendant held to answer in a circuit court on a |
charge of
paternity, $20.
|
For each trial on a charge of paternity, $60.
|
For each case of appeal taken from his county or from the |
county to
which a change of venue is taken to his county to the |
Supreme or
Appellate Court when prosecuted or defended by him, |
$100.
|
For each day actually employed in the trial of a case, $50; |
in which
case the court before whom the case is tried shall |
make an order
specifying the number of days for which a per |
diem shall be allowed.
|
For each day actually employed in the trial of cases of |
felony
arising in their respective counties and taken by change |
of venue to
another county, $50; and the court before whom the |
case is tried shall
make an order specifying the number of days |
for which said per diem
shall be allowed; and it is hereby made |
the duty of each State's
attorney to prepare and try each case |
of felony arising when so taken by
change of venue.
|
For assisting in a trial of each case on an indictment for |
felony
brought by change of venue to their respective counties, |
the same fees
they would be entitled to if such indictment had |
been found for an
offense committed in his county, and it shall |
be the duty of the
State's attorney of the county to which such |
cause is taken by
change of venue to assist in the trial |
|
thereof.
|
For each case of forfeited recognizance where the |
forfeiture is set
aside at the instance of the defense, in |
addition to the ordinary costs,
$20 for each defendant.
|
For each proceeding in a circuit court to inquire into the |
alleged
mental illness of any person, $20 for each defendant.
|
For each proceeding in a circuit court to inquire into the |
alleged
dependency or delinquency of any child, $20.
|
For each day actually employed in the hearing of a case of |
habeas
corpus in which the people are interested, $50.
|
All the foregoing fees shall be taxed as costs to be |
collected from
the defendant, if possible, upon conviction. But |
in cases of inquiry
into the mental illness of any person |
alleged to be mentally ill, in
cases on a charge of paternity |
and in cases of appeal in the Supreme or
Appellate Court, where |
judgment is in favor of the accused, the fees
allowed the |
State's attorney therein shall be retained out of the fines
and |
forfeitures collected by them in other cases.
|
Ten per cent of all moneys except revenue, collected by |
them and paid
over to the authorities entitled thereto, which |
per cent together with
the fees provided for herein that are |
not collected from the parties
tried or examined, shall be paid |
out of any fines and forfeited
recognizances collected by them, |
provided however, that in proceedings
to foreclose the lien of |
delinquent real estate taxes State's attorneys
shall receive a |
fee, to be credited to the earnings of their office, of 10%
of |
|
the total amount realized from the sale of real estate sold in |
such
proceedings. Such fees shall be paid from the total amount |
realized from
the sale of the real estate sold in such |
proceedings.
|
State's attorneys shall have a lien for their fees on all |
judgments
for fines or forfeitures procured by them and on |
moneys except revenue
received by them until such fees and |
earnings are fully paid.
|
No fees shall be charged on more than 10 counts in any one |
indictment
or information on trial and conviction; nor on more |
than 10 counts
against any one defendant on pleas of guilty.
|
The Circuit Court may direct that of all monies received, |
by
restitution or otherwise, which monies are ordered paid to |
the
Department of Healthcare and Family Services (formerly |
Department of Public Aid) or the Department of Human Services |
(acting as
successor to the Department of Public Aid under the |
Department of Human
Services Act) as a direct result of the |
efforts
of the
State's attorney and which payments arise from |
Civil or Criminal
prosecutions involving the Illinois Public |
Aid Code or the Criminal Code,
the
following amounts shall be |
paid quarterly by the Department of Healthcare and Family |
Services or the Department of Human Services to the General |
Corporate Fund of
the County in which the prosecution
or cause |
of action took place:
|
(1) where the monies result from child support |
obligations, not
less than 25% of the federal share of the |
|
monies received,
|
(2) where the monies result from other than child |
support
obligations, not less than 25% of the State's share |
of the monies received.
|
In addition to any other amounts to which State's Attorneys |
are entitled under this Section, State's Attorneys are entitled |
to $10 of the fine that is imposed under Section 5-9-1.17 of |
the Unified Code of Corrections, as set forth in that Section. |
(b) A municipality shall be entitled to a $10 prosecution |
fee for each
conviction for a violation of the Illinois Vehicle |
Code prosecuted by the
municipal attorney pursuant to Section |
16-102 of that Code which is tried
before a circuit or |
associate judge and shall be entitled to a $10
prosecution fee |
for each conviction for a violation of a municipal vehicle
|
ordinance prosecuted by the municipal attorney which is tried |
before a
circuit or associate judge. Such fee shall be taxed as |
costs to be
collected from the defendant, if possible, upon |
conviction. A municipality
shall have a lien for such |
prosecution fees on all judgments or fines
procured by the |
municipal attorney from prosecutions for violations of the
|
Illinois Vehicle Code and municipal vehicle ordinances.
|
For the purposes of this subsection (b), "municipal vehicle |
ordinance"
means any ordinance enacted pursuant to Sections |
11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois |
Municipal Code or any ordinance enacted by a
municipality which |
is similar to a provision of Chapter 11 of the Illinois
Vehicle |
|
Code.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
Section 10. The Juvenile Court Act of 1987 is amended by |
changing Section 5-915 and by adding Section 5-622 as follows:
|
(705 ILCS 405/5-622 new) |
Sec. 5-622. Expungement review. Any minor charged with a |
misdemeanor offense as a first offense, regardless of the |
disposition of the charge, is eligible for expungement review |
by the court upon his or her 18th birthday or upon completion |
of the minor's sentence or disposition of the charge against |
the minor, whichever is later. Upon motion by counsel filed |
within 30 days after entry of the judgment of the court, the |
court shall set a time for an expungement review hearing within |
a month of the minor's 18th birthday or within a month of |
completion of the minor's sentence or disposition of the charge |
against the minor, whichever is later. No hearing shall be held |
if the minor fails to appear, and no penalty shall attach to |
the minor. If the minor appears in person or by counsel the |
court shall hold a hearing to determine whether to expunge the |
law enforcement and court records of the minor. Objections to |
expungement shall be limited to the following: |
(a) that the offense for which the minor was arrested |
is still under active investigation; |
(b) that the minor is a potential witness in an |
|
upcoming court proceeding and that such arrest record is |
relevant to that proceeding; |
(c) that the arrest at issue was for one of the |
following offenses: |
(i) any homicide; |
(ii) an offense involving a deadly weapon; |
(iii) a sex offense as defined in the Sex Offender |
Registration Act; |
(iv) aggravated domestic battery. |
In the absence of an objection, or if the objecting party |
fails to prove one of the above-listed objections, the court |
shall enter an order granting expungement. The clerk shall |
forward a certified copy of the order to the Department of |
State Police and the arresting agency. The Department and the |
arresting agency shall comply with such order to expunge within |
60 days of receipt. An objection or a denial of an expungement |
order under this subsection does not operate to bar the filing |
of a Petition to Expunge by the minor under subsection (2) of |
Section 5-915 where applicable.
|
(705 ILCS 405/5-915)
|
Sec. 5-915. Expungement of juvenile law enforcement and |
court records.
|
(0.05) For purposes of this Section and Section 5-622: |
"Expunge" means to physically destroy the records and |
to obliterate the minor's name from any official index or |
|
public record, or both. Nothing in this Act shall require |
the physical destruction of the internal office records, |
files, or databases maintained by a State's Attorney's |
Office or other prosecutor. |
"Law enforcement record" includes but is not limited to |
records of arrest, station adjustments, fingerprints, |
probation adjustments, the issuance of a notice to appear, |
or any other records maintained by a law enforcement agency |
relating to a minor suspected of committing an offense. |
(1) Whenever any person has attained the age of 17 or |
whenever all juvenile
court proceedings relating to that person |
have been terminated, whichever is
later, the person may |
petition the court to expunge law enforcement records
relating |
to incidents occurring before his or her 17th birthday or his |
or her
juvenile court
records, or both, but only in the |
following circumstances:
|
(a) the minor was arrested and no petition for |
delinquency was filed with
the clerk of the circuit court; |
or
|
(b) the minor was charged with an offense and was found |
not delinquent of
that offense; or
|
(c) the minor was placed under supervision pursuant to |
Section 5-615, and
the order of
supervision has since been |
successfully terminated; or
|
(d)
the minor was adjudicated for an offense which |
would be a Class B
misdemeanor, Class C misdemeanor, or a |
|
petty or business offense if committed by an adult.
|
(2) Any person may petition the court to expunge all law |
enforcement records
relating to any
incidents occurring before |
his or her 17th birthday which did not result in
proceedings in |
criminal court and all juvenile court records with respect to
|
any adjudications except those based upon first degree
murder |
and
sex offenses which would be felonies if committed by an |
adult, if the person
for whom expungement is sought has had no
|
convictions for any crime since his or her 17th birthday and:
|
(a) has attained the age of 21 years; or
|
(b) 5 years have elapsed since all juvenile court |
proceedings relating to
him or her have been terminated or |
his or her commitment to the Department of
Juvenile Justice
|
pursuant to this Act has been terminated;
|
whichever is later of (a) or (b). Nothing in this Section 5-915 |
precludes a minor from obtaining expungement under Section |
5-622. |
(2.5) If a minor is arrested and no petition for |
delinquency is filed with the clerk of the circuit court as |
provided in paragraph (a) of subsection (1) at the time the |
minor is released from custody, the youth officer, if |
applicable, or other designated person from the arresting |
agency, shall notify verbally and in writing to the minor or |
the minor's parents or guardians that if the State's Attorney |
does not file a petition for delinquency, the minor has a right |
to petition to have his or her arrest record expunged when the |
|
minor attains the age of 17 or when all juvenile court |
proceedings relating to that minor have been terminated and |
that unless a petition to expunge is filed, the minor shall |
have an arrest record and shall provide the minor and the |
minor's parents or guardians with an expungement information |
packet, including a petition to expunge juvenile records |
obtained from the clerk of the circuit court. |
(2.6) If a minor is charged with an offense and is found |
not delinquent of that offense; or if a minor is placed under |
supervision under Section 5-615, and the order of supervision |
is successfully terminated; or if a minor is adjudicated for an |
offense that would be a Class B misdemeanor, a Class C |
misdemeanor, or a business or petty offense if committed by an |
adult; or if a minor has incidents occurring before his or her |
17th birthday that have not resulted in proceedings in criminal |
court, or resulted in proceedings in juvenile court, and the |
adjudications were not based upon first degree murder or sex |
offenses that would be felonies if committed by an adult; then |
at the time of sentencing or dismissal of the case, the judge |
shall inform the delinquent minor of his or her right to |
petition for expungement as provided by law, and the clerk of |
the circuit court shall provide an expungement information |
packet to the delinquent minor, written in plain language, |
including a petition for expungement, a sample of a completed |
petition, expungement instructions that shall include |
information informing the minor that (i) once the case is |
|
expunged, it shall be treated as if it never occurred, (ii) he |
or she may apply to have petition fees waived, (iii) once he or |
she obtains an expungement, he or she may not be required to |
disclose that he or she had a juvenile record, and (iv) he or |
she may file the petition on his or her own or with the |
assistance of an attorney. The failure of the judge to inform |
the delinquent minor of his or her right to petition for |
expungement as provided by law does not create a substantive |
right, nor is that failure grounds for: (i) a reversal of an |
adjudication of delinquency, (ii) a new trial; or (iii) an |
appeal. |
(2.7) For counties with a population over 3,000,000, the |
clerk of the circuit court shall send a "Notification of a |
Possible Right to Expungement" post card to the minor at the |
address last received by the clerk of the circuit court on the |
date that the minor attains the age of 17 based on the |
birthdate provided to the court by the minor or his or her |
guardian in cases under paragraphs (b), (c), and (d) of |
subsection (1); and when the minor attains the age of 21 based |
on the birthdate provided to the court by the minor or his or |
her guardian in cases under subsection (2). |
(2.8) The petition for expungement for subsection (1) shall |
be substantially in the following form: |
IN THE CIRCUIT COURT OF ......, ILLINOIS
|
........ JUDICIAL CIRCUIT
|
|
IN THE INTEREST OF ) NO.
|
)
|
)
|
...................)
|
(Name of Petitioner)
|
PETITION TO EXPUNGE JUVENILE RECORDS |
(705 ILCS 405/5-915 (SUBSECTION 1)) |
(Please prepare a separate petition for each offense) |
Now comes ............., petitioner, and respectfully requests
|
that this Honorable Court enter an order expunging all juvenile |
law enforcement and court records of petitioner and in support |
thereof states that:
Petitioner has attained the age of 17, |
his/her birth date being ......, or all
Juvenile Court |
proceedings terminated as of ......, whichever occurred later.
|
Petitioner was arrested on ..... by the ....... Police |
Department for the offense of ......., and:
|
(Check One:)
|
( ) a. no petition was filed with the Clerk of the Circuit |
Court. |
( ) b. was charged with ...... and was found not delinquent
of |
the offense. |
( ) c. a petition was filed and the petition was dismissed |
without a finding of delinquency on ..... |
( ) d. on ....... placed under supervision pursuant to Section |
5-615 of the Juvenile Court Act of 1987 and such order of |
|
supervision successfully terminated on ........ |
( ) e. was adjudicated for the offense, which would have been a |
Class B misdemeanor, a Class C misdemeanor, or a petty offense |
or business offense if committed by an adult.
|
Petitioner .... has .... has not been arrested on charges in |
this or any county other than the charges listed above. If |
petitioner has been arrested on additional charges, please list |
the charges below:
|
Charge(s): ...... |
Arresting Agency or Agencies: ........... |
Disposition/Result: (choose from a. through e., above): .....
|
WHEREFORE, the petitioner respectfully requests this Honorable |
Court to (1) order all law enforcement agencies to expunge all |
records of petitioner to this incident, and (2) to order the |
Clerk of the Court to expunge all records concerning the |
petitioner regarding this incident.
|
......................
|
Petitioner (Signature)
|
..........................
|
Petitioner's Street Address
|
.....................
|
City, State, Zip Code
|
|
.............................
|
Petitioner's Telephone Number
|
Pursuant to the penalties of perjury under the Code of Civil |
Procedure, 735 ILCS 5/1-109, I hereby certify that the |
statements in this petition are true and correct, or on |
information and belief I believe the same to be true.
|
......................
|
Petitioner (Signature)
|
The Petition for Expungement for subsection (2) shall be |
substantially in the following form:
|
IN THE CIRCUIT COURT OF ........, ILLINOIS |
........ JUDICIAL CIRCUIT
|
IN THE INTEREST OF ) NO.
|
)
|
)
|
...................)
|
(Name of Petitioner)
|
PETITION TO EXPUNGE JUVENILE RECORDS
|
(705 ILCS 405/5-915 (SUBSECTION 2))
|
(Please prepare a separate petition for each offense)
|
Now comes ............, petitioner, and respectfully requests |
|
that this Honorable Court enter an order expunging all Juvenile |
Law Enforcement and Court records of petitioner and in support |
thereof states that: |
The incident for which the Petitioner seeks expungement |
occurred before the Petitioner's 17th birthday and did not |
result in proceedings in criminal court and the Petitioner has |
not had any convictions for any crime since his/her 17th |
birthday; and
|
The incident for which the Petitioner seeks expungement |
occurred before the Petitioner's 17th birthday and the |
adjudication was not based upon first-degree murder or sex |
offenses which would be felonies if committed by an adult, and |
the Petitioner has not had any convictions for any crime since |
his/her 17th birthday. |
Petitioner was arrested on ...... by the ....... Police |
Department for the offense of ........, and: |
(Check whichever one occurred the latest:) |
( ) a. The Petitioner has attained the age of 21 years, his/her |
birthday being .......; or |
( ) b. 5 years have elapsed since all juvenile court |
proceedings relating to the Petitioner have been terminated; or |
the Petitioner's commitment to the Department of Juvenile |
Justice
pursuant to the expungement of juvenile law enforcement |
and court records provisions of the Juvenile Court Act of 1987 |
has been terminated.
Petitioner ...has ...has not been arrested |
on charges in this or any other county other than the charge |
|
listed above. If petitioner has been arrested on additional |
charges, please list the charges below: |
Charge(s): .......... |
Arresting Agency or Agencies: ....... |
Disposition/Result: (choose from a or b, above): .......... |
WHEREFORE, the petitioner respectfully requests this Honorable |
Court to (1) order all law enforcement agencies to expunge all |
records of petitioner related to this incident, and (2) to |
order the Clerk of the Court to expunge all records concerning |
the petitioner regarding this incident.
|
.......................
|
Petitioner (Signature)
|
......................
|
Petitioner's Street Address
|
.....................
|
City, State, Zip Code
|
.............................
|
Petitioner's Telephone Number
|
Pursuant to the penalties of perjury under the Code of Civil |
Procedure, 735 ILCS 5/1-109, I hereby certify that the |
statements in this petition are true and correct, or on |
information and belief I believe the same to be true. |
|
......................
|
Petitioner (Signature)
|
(3) The chief judge of the circuit in which an arrest was |
made or a charge
was brought or any
judge of that circuit |
designated by the chief judge
may, upon verified petition
of a |
person who is the subject of an arrest or a juvenile court |
proceeding
under subsection (1) or (2) of this Section, order |
the law enforcement
records or official court file, or both, to |
be expunged from the official
records of the arresting |
authority, the clerk of the circuit court and the
Department of |
State Police. The person whose records are to be expunged shall |
petition the court using the appropriate form containing his or |
her current address and shall promptly notify the clerk of the |
circuit court of any change of address. Notice
of the petition |
shall be served upon the State's Attorney or prosecutor charged |
with the duty of prosecuting the offense, the Department of |
State Police, and the arresting agency or agencies by the clerk |
of the circuit court. If an objection is filed within 45
days |
of the notice of the petition, the clerk of the circuit court |
shall set a date for hearing after the 45
day objection period. |
At the hearing the court shall hear evidence on whether the |
expungement should or should not be granted. Unless the State's |
Attorney or prosecutor, the Department of State Police, or an |
arresting agency objects to the expungement within 45
days of |
the notice, the court may enter an order granting expungement. |
The person whose records are to be expunged shall pay the clerk |
|
of the circuit court a fee equivalent to the cost associated |
with expungement of records by the clerk and the Department of |
State Police. The clerk shall forward a certified copy of the |
order to the Department of State Police, the appropriate |
portion of the fee to the Department of State Police for |
processing, and deliver a certified copy of the order to the |
arresting agency.
|
(3.1) The Notice of Expungement shall be in substantially |
the following form: |
IN THE CIRCUIT COURT OF ....., ILLINOIS
|
.... JUDICIAL CIRCUIT
|
IN THE INTEREST OF ) NO.
|
)
|
)
|
...................)
|
(Name of Petitioner)
|
NOTICE
|
TO: State's Attorney
|
TO: Arresting Agency
|
|
................
|
................
|
|
................
|
|
................
|
TO: Illinois State Police
|
|
.....................
|
|
.....................
|
ATTENTION: Expungement
|
You are hereby notified that on ....., at ....., in courtroom |
..., located at ..., before the Honorable ..., Judge, or any |
judge sitting in his/her stead, I shall then and there present |
a Petition to Expunge Juvenile records in the above-entitled |
matter, at which time and place you may appear. |
......................
|
Petitioner's Signature
|
...........................
|
Petitioner's Street Address
|
.....................
|
City, State, Zip Code
|
.............................
|
Petitioner's Telephone Number
|
PROOF OF SERVICE
|
On the ....... day of ......, 20..., I on oath state that I |
served this notice and true and correct copies of the |
above-checked documents by: |
(Check One:) |
delivering copies personally to each entity to whom they are |
|
directed; |
or |
by mailing copies to each entity to whom they are directed by |
depositing the same in the U.S. Mail, proper postage fully |
prepaid, before the hour of 5:00 p.m., at the United States |
Postal Depository located at ................. |
.........................................
|
|
Signature |
Clerk of the Circuit Court or Deputy Clerk
|
Printed Name of Delinquent Minor/Petitioner: .... |
Address: ........................................ |
Telephone Number: ............................... |
(3.2) The Order of Expungement shall be in substantially |
the following form: |
IN THE CIRCUIT COURT OF ....., ILLINOIS
|
.... JUDICIAL CIRCUIT
|
IN THE INTEREST OF ) NO.
|
)
|
)
|
...................)
|
(Name of Petitioner)
|
DOB ................ |
Arresting Agency/Agencies ...... |
|
ORDER OF EXPUNGEMENT
|
(705 ILCS 405/5-915 (SUBSECTION 3))
|
This matter having been heard on the petitioner's motion and |
the court being fully advised in the premises does find that |
the petitioner is indigent or has presented reasonable cause to |
waive all costs in this matter, IT IS HEREBY ORDERED that: |
( ) 1. Clerk of Court and Department of State Police costs |
are hereby waived in this matter. |
( ) 2. The Illinois State Police Bureau of Identification |
and the following law enforcement agencies expunge all records |
of petitioner relating to an arrest dated ...... for the |
offense of ...... |
Law Enforcement Agencies:
|
.........................
|
.........................
|
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit |
Court expunge all records regarding the above-captioned case. |
ENTER: ......................
|
|
JUDGE |
DATED: ....... |
Name:
|
Attorney for:
|
Address:
City/State/Zip:
|
Attorney Number: |
(3.3) The Notice of Objection shall be in substantially the |
|
following form: |
IN THE CIRCUIT COURT OF ....., ILLINOIS
|
....................... JUDICIAL CIRCUIT
|
IN THE INTEREST OF ) NO.
|
)
|
)
|
...................)
|
(Name of Petitioner)
|
NOTICE OF OBJECTION
|
TO:(Attorney, Public Defender, Minor)
|
.................................
|
.................................
|
TO:(Illinois State Police)
|
.................................
|
................................. |
TO:(Clerk of the Court)
|
.................................
|
.................................
|
TO:(Judge)
|
.................................
|
.................................
|
TO:(Arresting Agency/Agencies)
|
.................................
|
................................. |
|
ATTENTION:
You are hereby notified that an objection has been |
filed by the following entity regarding the above-named minor's |
petition for expungement of juvenile records: |
( ) State's Attorney's Office;
|
( ) Prosecutor (other than State's Attorney's Office) charged |
with the duty of prosecuting the offense sought to be expunged;
|
( ) Department of Illinois State Police; or
|
( ) Arresting Agency or Agencies.
|
The agency checked above respectfully requests that this case |
be continued and set for hearing on whether the expungement |
should or should not be granted.
|
DATED: ....... |
Name: |
Attorney For:
|
Address: |
City/State/Zip:
|
Telephone:
|
Attorney No.:
|
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
|
This matter has been set for hearing on the foregoing |
objection, on ...... in room ...., located at ....., before the |
Honorable ....., Judge, or any judge sitting in his/her stead.
|
(Only one hearing shall be set, regardless of the number of |
Notices of Objection received on the same case).
|
A copy of this completed Notice of Objection containing the |
court date, time, and location, has been sent via regular U.S. |
|
Mail to the following entities. (If more than one Notice of |
Objection is received on the same case, each one must be |
completed with the court date, time and location and mailed to |
the following entities):
|
( ) Attorney, Public Defender or Minor;
|
( ) State's Attorney's Office; |
( ) Prosecutor (other than State's Attorney's Office) charged |
with the duty of prosecuting the offense sought to be expunged; |
( ) Department of Illinois State Police; and |
( ) Arresting agency or agencies.
|
Date: ...... |
Initials of Clerk completing this section: .....
|
(4) Upon entry of an order expunging records or files, the |
offense, which
the records or files concern shall be treated as |
if it never occurred. Law
enforcement officers and other public |
offices and agencies shall properly reply
on inquiry that no |
record or file exists with respect to the
person.
|
(5) Records which have not been expunged are sealed, and |
may be obtained
only under the provisions of Sections 5-901, |
5-905 and 5-915.
|
(6) Nothing in this Section shall be construed to prohibit |
the maintenance
of information relating to an offense after |
records or files concerning the
offense have been expunged if |
the information is kept in a manner that does not
enable |
identification of the offender. This information may only be |
used for
statistical and bona fide research purposes. |
|
(7)(a) The State Appellate Defender shall establish, |
maintain, and carry out, by December 31, 2004, a juvenile |
expungement program
to provide information and assistance to |
minors eligible to have their juvenile records expunged.
|
(b) The State Appellate Defender shall develop brochures, |
pamphlets, and
other
materials in
printed form and through the |
agency's World Wide Web site. The pamphlets and
other materials |
shall
include at a minimum the following information:
|
(i) An explanation of the State's juvenile expungement |
process; |
(ii) The circumstances under which juvenile |
expungement may occur; |
(iii) The juvenile offenses that may be expunged; |
(iv) The steps necessary to initiate and complete the |
juvenile expungement process;
and |
(v) Directions on how to contact the State Appellate |
Defender. |
(c) The State Appellate Defender shall establish and |
maintain a statewide
toll-free telephone
number that a person |
may use to receive information or assistance concerning
the |
expungement of juvenile records. The State Appellate
Defender |
shall advertise
the toll-free telephone number statewide. The |
State Appellate Defender shall
develop an expungement
|
information packet that may be sent to eligible persons seeking |
expungement of
their juvenile records,
which may include, but |
is not limited to, a pre-printed expungement petition
with |
|
instructions on how
to complete the petition and a pamphlet |
containing information that would
assist individuals through
|
the juvenile expungement process. |
(d) The State Appellate Defender shall compile a statewide |
list of volunteer
attorneys willing
to assist eligible |
individuals through the juvenile expungement process. |
(e) This Section shall be implemented from funds |
appropriated by the General
Assembly to the State
Appellate |
Defender
for this purpose. The State Appellate Defender shall |
employ the necessary staff
and adopt the
necessary rules for |
implementation of this Section. |
(8)(a) Except with respect to law enforcement agencies, the |
Department of Corrections, State's Attorneys, or other |
prosecutors, an expunged juvenile record may not be considered |
by any private or public entity in employment matters, |
certification, licensing, revocation of certification or |
licensure, or registration. Applications for employment must |
contain specific language that states that the applicant is not |
obligated to disclose expunged juvenile records of conviction |
or arrest. Employers may not ask if an applicant has had a |
juvenile record expunged. Effective January 1, 2005, the |
Department of Labor shall develop a link on the Department's |
website to inform employers that employers may not ask if an |
applicant had a juvenile record expunged and that application |
for employment must contain specific language that states that |
the applicant is not obligated to disclose expunged juvenile |
|
records of arrest or conviction. |
(b) A person whose juvenile records have been expunged is |
not entitled to remission of any fines, costs, or other money |
paid as a consequence of expungement. This amendatory Act of |
the 93rd General Assembly does not affect the right of the |
victim of a crime to prosecute or defend a civil action for |
damages.
|
(c) The expungement of juvenile records under Section 5-622 |
shall be funded by the additional fine imposed under Section |
5-9-1.17 of the Unified Code of Corrections and additional |
appropriations made by the General Assembly for such purpose. |
(Source: P.A. 94-696, eff. 6-1-06; 95-861, eff. 1-1-09.)
|
Section 15. The Unified Code of Corrections is amended by |
adding Section 5-9-1.17 as follows:
|
(730 ILCS 5/5-9-1.17 new)
|
Sec. 5-9-1.17. Additional fine to fund expungement of |
juvenile records. |
(a) There shall be added to every penalty imposed in |
sentencing for a criminal offense an additional fine of $30 to |
be imposed upon a plea of guilty or finding of guilty resulting |
in a judgment of conviction. |
(b) Ten dollars of each such additional fine shall be |
remitted to the State Treasurer for deposit into the State |
Police Services Fund to be used to implement the expungement of |