Bill Status of HB 3817   100th General Assembly

Short Description:  COURTS-TECH

House Sponsors
Rep. Elaine Nekritz-Justin Slaughter-Mary E. Flowers-Litesa E. Wallace-Juliana Stratton, Gregory Harris, Elgie R. Sims, Jr., Kelly M. Cassidy, Silvana Tabares, Will Guzzardi, Robyn Gabel, Al Riley, Elizabeth Hernandez, Robert Rita, Barbara Flynn Currie, Carol Ammons, Robert Martwick, Christian L. Mitchell, William Davis, Linda Chapa LaVia, Theresa Mah, Michael J. Zalewski, Camille Y. Lilly, Marcus C. Evans, Jr., Rita Mayfield, Arthur Turner, Emanuel Chris Welch, Kelly M. Burke, Luis Arroyo, Thaddeus Jones, La Shawn K. Ford, Sonya M. Harper, LaToya Greenwood, Melissa Conyears-Ervin and Jehan Gordon-Booth

Senate Sponsors
(Sen. Michael E. Hastings, Omar Aquino, Laura M. Murphy-Ira I. Silverstein, Emil Jones, III, Daniel Biss, Mattie Hunter, Kimberly A. Lightford, Chris Nybo, Sue Rezin-Toi W. Hutchinson-Don Harmon-Jacqueline Y. Collins, Napoleon Harris, III, Patricia Van Pelt and James F. Clayborne, Jr.)


Last Action  View All Actions

DateChamber Action
  8/24/2017HousePublic Act . . . . . . . . . 100-0285

Statutes Amended In Order of Appearance
705 ILCS 405/1-1from Ch. 37, par. 801-1

Synopsis As Introduced
Amends the Juvenile Court Act of 1987. Makes a technical change in a Section concerning the short title.

House Committee Amendment No. 2
Deletes reference to:
705 ILCS 405/1-1
Adds reference to:
705 ILCS 405/1-7
705 ILCS 405/1-8
705 ILCS 405/5-915
705 ILCS 405/5-622 rep.

Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that all juvenile records which have not been expunged are sealed and may never be disclosed to the general public or otherwise made widely available. Provides that sealed records may be obtained only when their use is needed for good cause and with an order from the juvenile court, as required by those not authorized to retain them. Provides that a juvenile adjudication shall never be considered a conviction nor shall an adjudicated individual be considered a criminal. Provides that, unless expressly allowed by law, a juvenile adjudication shall not operate to impose upon the individual any of the civil disabilities ordinarily imposed by or resulting from conviction. Provides that adjudications shall not prejudice or disqualify the individual in any civil service application or appointment, from holding public office, or from receiving any license granted by public authority. Provides that the confidentiality provisions of the Act apply to law enforcement and municipal ordinance violations. Provides that willful violation of the confidentiality provisions of the Act is a Class B misdemeanor and each violation is subject to a fine of $1,000. Provides for various circumstances when juvenile records shall be expunged automatically without a petition brought by the individual and repeals provisions pertaining to those court procedures. Eliminates the requirement that a person be 21 years of age be eligible for expungement by petition. Provides that a person whose delinquency adjudications are not eligible for automatic expungement may petition the court to expunge all law enforcement records relating to any incidents occurring before his or her 18th 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) if 2 years have elapsed since all juvenile court proceedings relating to him or her have been terminated and his or her commitment to the Department of Juvenile Justice under this Act has been terminated. Provides that applications for employment within the State must contain specific language that states that the applicant is not obligated to disclose expunged juvenile records of adjudication or arrest. Provides that local law enforcement agencies shall send written notice to the minor of the expungement of any records within 60 days of automatic expungement or the date of service of an expungement order. Defines "dissemination" and "juvenile court record". Makes other changes.

House Floor Amendment No. 3
Clarifies that unless otherwise allowed by law, juvenile adjudications shall not prejudice or disqualify the individual in any civil service application or appointment, from holding public office, or from receiving any license granted by public authority. Provides that nothing in the expungement of juvenile law enforcement and court records provisions shall require the physical destruction of the internal office records, files, or databases maintained by the Office of the Secretary of State. Changes automatic expungement of records from being executed within 5 business days to 60 business days. Excludes a specific list of forcible felony type offenses from the automatic expungement provisions. Restores current law that an expungement of records on an offense for which the person was adjudicated delinquent which is sought upon termination of juvenile court proceedings is limited to a Class B misdemeanor, Class C misdemeanor, petty offense, or business offense. Provides records of an offense under the sex offense Article of the Criminal Code is precluded from expungement if the person is required to register under the Sex Offender Registration Act.

Senate Committee Amendment No. 1
Adds the offenses of dismembering a human body, inducement to commit suicide, reckless discharge of a firearm, gunrunning, firearms trafficking, possession of a stolen firearm, and aggravated possession of a stolen firearm to the list of forcible felony type offenses excluded from the automatic expungement provisions.

Actions 
DateChamber Action
  2/10/2017HouseFiled with the Clerk by Rep. Elaine Nekritz
  2/10/2017HouseFirst Reading
  2/10/2017HouseReferred to Rules Committee
  3/1/2017HouseAssigned to Executive Committee
  3/7/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Elaine Nekritz
  3/7/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/9/2017HouseHouse Committee Amendment No. 1 Rules Refers to Executive Committee
  3/9/2017HouseAdded Chief Co-Sponsor Rep. Justin Slaughter
  3/14/2017HouseAdded Co-Sponsor Rep. Elgie R. Sims, Jr.
  3/16/2017HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/16/2017HouseAdded Co-Sponsor Rep. Silvana Tabares
  3/16/2017HouseAdded Co-Sponsor Rep. Gregory Harris
  3/16/2017HouseAdded Chief Co-Sponsor Rep. Theresa Mah
  3/16/2017HouseChief Co-Sponsor Changed to Rep. Nick Sauer
  3/16/2017HouseAdded Co-Sponsor Rep. Will Guzzardi
  3/21/2017HouseRe-assigned to Judiciary - Criminal Committee
  3/21/2017HouseHouse Committee Amendment No. 1 Re-assigned to Judiciary - Criminal Committee
  3/21/2017HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Elaine Nekritz
  3/21/2017HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/22/2017HouseAdded Chief Co-Sponsor Rep. Juliana Stratton
  3/23/2017HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  3/28/2017HouseRemove Chief Co-Sponsor Rep. Nick Sauer
  3/28/2017HouseHouse Committee Amendment No. 2 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/28/2017HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 008-005-000
  3/28/2017HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/29/2017HousePlaced on Calendar 2nd Reading - Short Debate
  4/6/2017HouseAdded Co-Sponsor Rep. Robyn Gabel
  4/12/2017HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  4/19/2017HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Elaine Nekritz
  4/19/2017HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/24/2017HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary - Criminal Committee
  4/25/2017HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary - Criminal Committee; 011-000-000
  4/25/2017HouseAdded Co-Sponsor Rep. Al Riley
  4/26/2017HouseSecond Reading - Short Debate
  4/26/2017HouseHouse Floor Amendment No. 3 Adopted
  4/26/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/26/2017HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  4/26/2017HouseAdded Co-Sponsor Rep. Robert Rita
  4/27/2017HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  4/27/2017HouseThird Reading - Short Debate - Passed 082-033-000
  4/27/2017HouseAdded Chief Co-Sponsor Rep. Litesa E. Wallace
  4/27/2017HouseAdded Co-Sponsor Rep. Carol Ammons
  5/2/2017SenateArrive in Senate
  5/2/2017SenatePlaced on Calendar Order of First Reading May 3, 2017
  5/5/2017SenateChief Senate Sponsor Sen. Michael E. Hastings
  5/9/2017SenateFirst Reading
  5/9/2017SenateReferred to Assignments
  5/11/2017SenateAdded as Alternate Co-Sponsor Sen. Omar Aquino
  5/11/2017SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  5/11/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Ira I. Silverstein
  5/11/2017SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  5/11/2017SenateAdded as Alternate Co-Sponsor Sen. Daniel Biss
  5/15/2017SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/15/2017SenateAssigned to Criminal Law
  5/16/2017SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/16/2017SenateAdded as Alternate Co-Sponsor Sen. Chris Nybo
  5/17/2017SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Michael E. Hastings
  5/17/2017SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/17/2017SenateAdded as Alternate Co-Sponsor Sen. Sue Rezin
  5/19/2017SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/19/2017SenateRule 2-10 Committee Deadline Established As May 26, 2017
  5/23/2017SenateSenate Committee Amendment No. 1 Adopted
  5/24/2017SenateDo Pass as Amended Criminal Law; 007-003-000
  5/24/2017SenatePlaced on Calendar Order of 2nd Reading May 25, 2017
  5/25/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Toi W. Hutchinson
  5/25/2017HouseAdded Co-Sponsor Rep. Robert Martwick
  5/25/2017HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  5/26/2017HouseAdded Co-Sponsor Rep. William Davis
  5/26/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Don Harmon
  5/26/2017SenateSecond Reading
  5/26/2017SenatePlaced on Calendar Order of 3rd Reading May 29, 2017
  5/26/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  5/29/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/29/2017SenateAdded as Alternate Co-Sponsor Sen. Napoleon Harris, III
  5/29/2017SenateAdded as Alternate Co-Sponsor Sen. Patricia Van Pelt
  5/29/2017SenateThird Reading - Passed; 031-020-000
  5/29/2017HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  5/29/2017HouseAdded Co-Sponsor Rep. Theresa Mah
  5/29/2017HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  5/29/2017HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  5/29/2017HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/29/2017HouseAdded Co-Sponsor Rep. Rita Mayfield
  5/29/2017HouseAdded Co-Sponsor Rep. Arthur Turner
  5/29/2017HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  5/29/2017HouseAdded Co-Sponsor Rep. Kelly M. Burke
  5/29/2017HouseAdded Co-Sponsor Rep. Luis Arroyo
  5/29/2017HouseAdded Co-Sponsor Rep. Thaddeus Jones
  5/29/2017HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  5/29/2017HouseAdded Co-Sponsor Rep. Sonya M. Harper
  5/29/2017HouseAdded Co-Sponsor Rep. LaToya Greenwood
  5/29/2017HouseAdded Co-Sponsor Rep. Melissa Conyears-Ervin
  5/29/2017HouseArrived in House
  5/29/2017HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/29/2017HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Elaine Nekritz
  5/29/2017HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/30/2017HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Criminal Committee
  5/30/2017SenateAdded as Alternate Co-Sponsor Sen. James F. Clayborne, Jr.
  5/31/2017HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 008-004-000
  5/31/2017HouseSenate Committee Amendment No. 1 House Concurs 071-043-000
  5/31/2017HouseHouse Concurs
  5/31/2017HouseAdded Co-Sponsor Rep. Jehan Gordon-Booth
  5/31/2017HousePassed Both Houses
  6/29/2017HouseSent to the Governor
  8/24/2017HouseGovernor Approved
  8/24/2017HouseEffective Date January 1, 2018
  8/24/2017HousePublic Act . . . . . . . . . 100-0285

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