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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0927 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. Provides that notwithstanding any provision of the Act to the contrary, on and after the effective date of the amendatory Act, all juvenile law enforcement records and juvenile court records are subject to automatic expungement if the underlying charge was not a crime of violence as defined in the Crime Victims Compensation Act. Provides that upon
entry of a disposition for an eligible record, the minor shall be informed by the court of his or her right to have eligible records immediately
expunged. Provides that the clerk shall deliver a certified copy of the expungement order to the Department of State Police and the arresting agency. Provides that the expungement shall be completed within 14 business days after the receipt of the expungement order. Allows retention of some information under special conditions.
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| | A BILL FOR |
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1 | | AN ACT concerning courts.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Juvenile Court Act of 1987 is amended by |
5 | | changing Section 5-915 as follows:
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6 | | (705 ILCS 405/5-915)
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7 | | (Text of Section before amendment by P.A. 100-987 ) |
8 | | Sec. 5-915. Expungement of juvenile law enforcement and |
9 | | juvenile court records.
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10 | | (0.05) (Blank). |
11 | | (0.1) (a) Except as otherwise provided in subsection (0.15) |
12 | | of this Section, the Department of State Police and all law |
13 | | enforcement agencies within the State shall automatically |
14 | | expunge, on or before January 1 of each year, all juvenile law |
15 | | enforcement records relating to events occurring before an |
16 | | individual's 18th birthday if: |
17 | | (1) one year or more has elapsed since the date of the |
18 | | arrest or law enforcement interaction documented in the |
19 | | records; |
20 | | (2) no petition for delinquency or criminal charges |
21 | | were filed with the clerk of the circuit court relating to |
22 | | the arrest or law enforcement interaction documented in the |
23 | | records; and |
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1 | | (3) 6 months have elapsed since the date of the arrest |
2 | | without an additional subsequent arrest or filing of a |
3 | | petition for delinquency or criminal charges whether |
4 | | related or not to the arrest or law enforcement interaction |
5 | | documented in the records. |
6 | | (b) If the law enforcement agency is unable to verify |
7 | | satisfaction of conditions (2) and (3) of this subsection |
8 | | (0.1), records that satisfy condition (1) of this subsection |
9 | | (0.1) shall be automatically expunged if the records relate to |
10 | | an offense that if committed by an adult would not be an |
11 | | offense classified as Class 2 felony or higher, an offense |
12 | | under Article 11 of the Criminal Code of 1961 or Criminal Code |
13 | | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, |
14 | | 12-15, or 12-16 of the Criminal Code of 1961. |
15 | | (0.15) If a juvenile law enforcement record meets paragraph |
16 | | (a) of subsection (0.1) of this Section, a juvenile law |
17 | | enforcement record created: |
18 | | (1) prior to January 1, 2018, but on or after January |
19 | | 1, 2013 shall be automatically expunged prior to January 1, |
20 | | 2020; |
21 | | (2) prior to January 1, 2013, but on or after January |
22 | | 1, 2000, shall be automatically expunged prior to January |
23 | | 1, 2023; and |
24 | | (3) prior to January 1, 2000 shall not be subject to |
25 | | the automatic expungement provisions of this Act. |
26 | | Nothing in this subsection (0.15) shall be construed to |
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1 | | restrict or modify an individual's right to have his or her |
2 | | juvenile law enforcement records expunged except as otherwise |
3 | | may be provided in this Act. |
4 | | (0.2) (a) Upon dismissal of a petition alleging delinquency |
5 | | or upon a finding of not delinquent, the successful termination |
6 | | of an order of supervision, or the successful termination of an |
7 | | adjudication for an offense which would be a Class B |
8 | | misdemeanor, Class C misdemeanor, or a petty or business |
9 | | offense if committed by an adult, the court shall automatically |
10 | | order the expungement of the juvenile court records and |
11 | | juvenile law enforcement records. The clerk shall deliver a |
12 | | certified copy of the expungement order to the Department of |
13 | | State Police and the arresting agency. Upon request, the |
14 | | State's Attorney shall furnish the name of the arresting |
15 | | agency. The expungement shall be completed within 60 business |
16 | | days after the receipt of the expungement order. |
17 | | (b) If the chief law enforcement officer of the agency, or |
18 | | his or her designee, certifies in writing that certain |
19 | | information is needed for a pending investigation involving the |
20 | | commission of a felony, that information, and information |
21 | | identifying the juvenile, may be retained until the statute of |
22 | | limitations for the felony has expired. If the chief law |
23 | | enforcement officer of the agency, or his or her designee, |
24 | | certifies in writing that certain information is needed with |
25 | | respect to an internal investigation of any law enforcement |
26 | | office, that information and information identifying the |
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1 | | juvenile may be retained within an intelligence file until the |
2 | | investigation is terminated or the disciplinary action, |
3 | | including appeals, has been completed, whichever is later. |
4 | | Retention of a portion of a juvenile's law enforcement record |
5 | | does not disqualify the remainder of his or her record from |
6 | | immediate automatic expungement. |
7 | | (0.3) (a) Upon an adjudication of delinquency based on any |
8 | | offense except a disqualified offense, the juvenile court shall |
9 | | automatically order the expungement of the juvenile court and |
10 | | law enforcement records 2 years after the juvenile's case was |
11 | | closed if no delinquency or criminal proceeding is pending and |
12 | | the person has had no subsequent delinquency adjudication or |
13 | | criminal conviction. The clerk shall deliver a certified copy |
14 | | of the expungement order to the Department of State Police and |
15 | | the arresting agency. Upon request, the State's Attorney shall |
16 | | furnish the name of the arresting agency. The expungement shall |
17 | | be completed within 60 business days after the receipt of the |
18 | | expungement order. In this subsection (0.3), "disqualified |
19 | | offense" means any of the following offenses: Section 8-1.2, |
20 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, |
21 | | 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
22 | | 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, |
23 | | 12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, |
24 | | 18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, |
25 | | 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, |
26 | | 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal |
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1 | | Code of 2012, or subsection (b) of Section 8-1, paragraph (4) |
2 | | of subsection (a) of Section 11-14.4, subsection (a-5) of |
3 | | Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of |
4 | | Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, |
5 | | paragraph (1) or (2) of subsection (a) of Section 12-7.4, |
6 | | subparagraph (i) of paragraph (1) of subsection (a) of Section |
7 | | 12-9, subparagraph (H) of paragraph (3) of subsection (a) of |
8 | | Section 24-1.6, paragraph (1) of subsection (a) of Section |
9 | | 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code |
10 | | of 2012. |
11 | | (b) If the chief law enforcement officer of the agency, or |
12 | | his or her designee, certifies in writing that certain |
13 | | information is needed for a pending investigation involving the |
14 | | commission of a felony, that information, and information |
15 | | identifying the juvenile, may be retained in an intelligence |
16 | | file until the investigation is terminated or for one |
17 | | additional year, whichever is sooner. Retention of a portion of |
18 | | a juvenile's juvenile law enforcement record does not |
19 | | disqualify the remainder of his or her record from immediate |
20 | | automatic expungement. |
21 | | (0.4) Automatic expungement for the purposes of this |
22 | | Section shall not require law enforcement agencies to |
23 | | obliterate or otherwise destroy juvenile law enforcement |
24 | | records that would otherwise need to be automatically expunged |
25 | | under this Act, except after 2 years following the subject |
26 | | arrest for purposes of use in civil litigation against a |
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1 | | governmental entity or its law enforcement agency or personnel |
2 | | which created, maintained, or used the records. However these |
3 | | juvenile law enforcement records shall be considered expunged |
4 | | for all other purposes during this period and the offense, |
5 | | which the records or files concern, shall be treated as if it |
6 | | never occurred as required under Section 5-923. |
7 | | (0.5) Subsection (0.1) or (0.2) of this Section does not |
8 | | apply to violations of traffic, boating, fish and game laws, or |
9 | | county or municipal ordinances. |
10 | | (0.6) Juvenile law enforcement records of a plaintiff who |
11 | | has filed civil litigation against the governmental entity or |
12 | | its law enforcement agency or personnel that created, |
13 | | maintained, or used the records or juvenile law enforcement |
14 | | records that contain information related to the allegations set |
15 | | forth in the civil litigation may not be expunged until after 2 |
16 | | years have elapsed after the conclusion of the lawsuit, |
17 | | including any appeal. |
18 | | (0.7) Officer-worn body camera recordings shall not be |
19 | | automatically expunged except as otherwise authorized by the |
20 | | Law Enforcement Officer-Worn Body Camera Act. |
21 | | (1) Whenever a person has been arrested, charged, or |
22 | | adjudicated delinquent for an incident occurring before his or |
23 | | her 18th birthday that if committed by an adult would be an |
24 | | offense, and that person's juvenile law enforcement and |
25 | | juvenile court records are not eligible for automatic |
26 | | expungement under subsection (0.1), (0.2), or (0.3), the
person |
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1 | | may petition the court at any time for expungement of juvenile |
2 | | law
enforcement records and juvenile court records relating to |
3 | | the incident and, upon termination of all juvenile
court |
4 | | proceedings relating to that incident, the court shall order |
5 | | the expungement of all records in the possession of the |
6 | | Department of State Police, the clerk of the circuit court, and |
7 | | law enforcement agencies relating to the incident, but only in |
8 | | any of the following circumstances:
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9 | | (a) the minor was arrested and no petition for |
10 | | delinquency was filed with
the clerk of the circuit court; |
11 | | (a-5) the minor was charged with an offense and the |
12 | | petition or petitions were dismissed without a finding of |
13 | | delinquency;
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14 | | (b) the minor was charged with an offense and was found |
15 | | not delinquent of
that offense;
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16 | | (c) the minor was placed under supervision under |
17 | | Section 5-615, and
the order of
supervision has since been |
18 | | successfully terminated; or
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19 | | (d)
the minor was adjudicated for an offense which |
20 | | would be a Class B
misdemeanor, Class C misdemeanor, or a |
21 | | petty or business offense if committed by an adult.
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22 | | (1.5) The Department of State Police shall allow a person |
23 | | to use the Access and Review process, established in the |
24 | | Department of State Police, for verifying that his or her |
25 | | juvenile law enforcement records relating to incidents |
26 | | occurring before his or her 18th birthday eligible under this |
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1 | | Act have been expunged. |
2 | | (1.6) (Blank). |
3 | | (1.7) (Blank). |
4 | | (1.8) (Blank). |
5 | | (2) Any person whose delinquency adjudications are not |
6 | | eligible for automatic expungement under subsection (0.3) of |
7 | | this Section may petition the court to expunge all juvenile law |
8 | | enforcement records
relating to any
incidents occurring before |
9 | | his or her 18th birthday which did not result in
proceedings in |
10 | | criminal court and all juvenile court records with respect to
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11 | | any adjudications except those based upon first degree
murder |
12 | | or an offense under Article 11 of the Criminal Code of 2012 if |
13 | | the person is required to register under the Sex Offender |
14 | | Registration Act at the time he or she petitions the court for |
15 | | expungement; provided that:
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16 | | (a) (blank); or
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17 | | (b) 2 years have elapsed since all juvenile court |
18 | | proceedings relating to
him or her have been terminated and |
19 | | his or her commitment to the Department of
Juvenile Justice
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20 | | under this Act has been terminated.
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21 | | (2.5) If a minor is arrested and no petition for |
22 | | delinquency is filed with the clerk of the circuit court at the |
23 | | time the minor is released from custody, the youth officer, if |
24 | | applicable, or other designated person from the arresting |
25 | | agency, shall notify verbally and in writing to the minor or |
26 | | the minor's parents or guardians that the minor shall have an |
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1 | | arrest record and shall provide the minor and the minor's |
2 | | parents or guardians with an expungement information packet, |
3 | | information regarding this State's expungement laws including |
4 | | a petition to expunge juvenile law enforcement and juvenile |
5 | | court records obtained from the clerk of the circuit court. |
6 | | (2.6) If a minor is referred to court then at the time of |
7 | | sentencing or dismissal of the case, or successful completion |
8 | | of supervision, the judge shall inform the delinquent minor of |
9 | | his or her rights regarding expungement and the clerk of the |
10 | | circuit court shall provide an expungement information packet |
11 | | to the minor, written in plain language, including information |
12 | | regarding this State's expungement laws and a petition for |
13 | | expungement, a sample of a completed petition, expungement |
14 | | instructions that shall include information informing the |
15 | | minor that (i) once the case is expunged, it shall be treated |
16 | | as if it never occurred, (ii) he or she may apply to have |
17 | | petition fees waived, (iii) once he or she obtains an |
18 | | expungement, he or she may not be required to disclose that he |
19 | | or she had a juvenile law enforcement or juvenile court record, |
20 | | and (iv) if petitioning he or she may file the petition on his |
21 | | or her own or with the assistance of an attorney. The failure |
22 | | of the judge to inform the delinquent minor of his or her right |
23 | | to petition for expungement as provided by law does not create |
24 | | a substantive right, nor is that failure grounds for: (i) a |
25 | | reversal of an adjudication of delinquency, (ii) a new trial; |
26 | | or (iii) an appeal. |
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1 | | (2.7) (Blank). |
2 | | (2.8) (Blank). |
3 | | (3) (Blank).
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4 | | (3.1) (Blank).
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5 | | (3.2) (Blank). |
6 | | (3.3) (Blank).
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7 | | (4) (Blank).
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8 | | (5) (Blank).
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9 | | (5.5) Whether or not expunged, records eligible for |
10 | | automatic expungement under subdivision (0.1)(a), (0.2)(a), or |
11 | | (0.3)(a) may be treated as expunged by the person who is the |
12 | | subject of the records. |
13 | | (6) (Blank). |
14 | | (6.5) The Department of State Police or any employee of the |
15 | | Department shall be immune from civil or criminal liability for |
16 | | failure to expunge any records of arrest that are subject to |
17 | | expungement under this Section because of inability to verify a |
18 | | record. Nothing in this Section shall create Department of |
19 | | State Police liability or responsibility for the expungement of |
20 | | juvenile law enforcement records it does not possess. |
21 | | (7) (Blank).
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22 | | (7.5) (Blank). |
23 | | (8)(a) (Blank). |
24 | | (b) (Blank). |
25 | | (c) The expungement of juvenile law enforcement or juvenile |
26 | | court records under subsection (0.1), (0.2), or (0.3) of this |
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1 | | Section shall be funded by the additional fine imposed under |
2 | | Section 5-9-1.17 of the Unified Code of Corrections. |
3 | | (9) (Blank). |
4 | | (10) (Blank). |
5 | | (Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; |
6 | | 100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff. |
7 | | 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff. 12-20-18.) |
8 | | (Text of Section after amendment by P.A. 100-987 )
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9 | | Sec. 5-915. Expungement of juvenile law enforcement and |
10 | | juvenile court records.
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11 | | (0.05) (Blank). |
12 | | (0.1) (a) The Department of State Police and all law |
13 | | enforcement agencies within the State shall automatically |
14 | | expunge, on or before January 1 of each year, all juvenile law |
15 | | enforcement records relating to events occurring before an |
16 | | individual's 18th birthday if: |
17 | | (1) one year or more has elapsed since the date of the |
18 | | arrest or law enforcement interaction documented in the |
19 | | records; |
20 | | (2) no petition for delinquency or criminal charges |
21 | | were filed with the clerk of the circuit court relating to |
22 | | the arrest or law enforcement interaction documented in the |
23 | | records; and |
24 | | (3) 6 months have elapsed since the date of the arrest |
25 | | without an additional subsequent arrest or filing of a |
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1 | | petition for delinquency or criminal charges whether |
2 | | related or not to the arrest or law enforcement interaction |
3 | | documented in the records. |
4 | | (b) If the law enforcement agency is unable to verify |
5 | | satisfaction of conditions (2) and (3) of this subsection |
6 | | (0.1), records that satisfy condition (1) of this subsection |
7 | | (0.1) shall be automatically expunged if the records relate to |
8 | | an offense that if committed by an adult would not be an |
9 | | offense classified as Class 2 felony or higher, an offense |
10 | | under Article 11 of the Criminal Code of 1961 or Criminal Code |
11 | | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, |
12 | | 12-15, or 12-16 of the Criminal Code of 1961. |
13 | | (0.15) If a juvenile law enforcement record meets paragraph |
14 | | (a) of subsection (0.1) of this Section, a juvenile law |
15 | | enforcement record created: |
16 | | (1) prior to January 1, 2018, but on or after January |
17 | | 1, 2013 shall be automatically expunged prior to January 1, |
18 | | 2020; |
19 | | (2) prior to January 1, 2013, but on or after January |
20 | | 1, 2000, shall be automatically expunged prior to January |
21 | | 1, 2023; and |
22 | | (3) prior to January 1, 2000 shall not be subject to |
23 | | the automatic expungement provisions of this Act. |
24 | | Nothing in this subsection (0.15) shall be construed to |
25 | | restrict or modify an individual's right to have his or her |
26 | | juvenile law enforcement records expunged except as otherwise |
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1 | | may be provided in this Act. |
2 | | (0.2) (a) Upon dismissal of a petition alleging delinquency |
3 | | or upon a finding of not delinquent, the successful termination |
4 | | of an order of supervision, or the successful termination of an |
5 | | adjudication for an offense which would be a Class B |
6 | | misdemeanor, Class C misdemeanor, or a petty or business |
7 | | offense if committed by an adult, the court shall automatically |
8 | | order the expungement of the juvenile court records and |
9 | | juvenile law enforcement records. The clerk shall deliver a |
10 | | certified copy of the expungement order to the Department of |
11 | | State Police and the arresting agency. Upon request, the |
12 | | State's Attorney shall furnish the name of the arresting |
13 | | agency. The expungement shall be completed within 60 business |
14 | | days after the receipt of the expungement order. |
15 | | (b) If the chief law enforcement officer of the agency, or |
16 | | his or her designee, certifies in writing that certain |
17 | | information is needed for a pending investigation involving the |
18 | | commission of a felony, that information, and information |
19 | | identifying the juvenile, may be retained until the statute of |
20 | | limitations for the felony has run. If the chief law |
21 | | enforcement officer of the agency, or his or her designee, |
22 | | certifies in writing that certain information is needed with |
23 | | respect to an internal investigation of any law enforcement |
24 | | office, that information and information identifying the |
25 | | juvenile may be retained within an intelligence file until the |
26 | | investigation is terminated or the disciplinary action, |
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1 | | including appeals, has been completed, whichever is later. |
2 | | Retention of a portion of a juvenile's law enforcement record |
3 | | does not disqualify the remainder of his or her record from |
4 | | immediate automatic expungement. |
5 | | (0.3) (a) Upon an adjudication of delinquency based on any |
6 | | offense except a disqualified offense, the juvenile court shall |
7 | | automatically order the expungement of the juvenile court and |
8 | | law enforcement records 2 years after the juvenile's case was |
9 | | closed if no delinquency or criminal proceeding is pending and |
10 | | the person has had no subsequent delinquency adjudication or |
11 | | criminal conviction. The clerk shall deliver a certified copy |
12 | | of the expungement order to the Department of State Police and |
13 | | the arresting agency. Upon request, the State's Attorney shall |
14 | | furnish the name of the arresting agency. The expungement shall |
15 | | be completed within 60 business days after the receipt of the |
16 | | expungement order. In this subsection (0.3), "disqualified |
17 | | offense" means any of the following offenses: Section 8-1.2, |
18 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, |
19 | | 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
20 | | 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, |
21 | | 12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, |
22 | | 18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, |
23 | | 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, |
24 | | 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal |
25 | | Code of 2012, or subsection (b) of Section 8-1, paragraph (4) |
26 | | of subsection (a) of Section 11-14.4, subsection (a-5) of |
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1 | | Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of |
2 | | Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, |
3 | | paragraph (1) or (2) of subsection (a) of Section 12-7.4, |
4 | | subparagraph (i) of paragraph (1) of subsection (a) of Section |
5 | | 12-9, subparagraph (H) of paragraph (3) of subsection (a) of |
6 | | Section 24-1.6, paragraph (1) of subsection (a) of Section |
7 | | 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code |
8 | | of 2012. |
9 | | (b) If the chief law enforcement officer of the agency, or |
10 | | his or her designee, certifies in writing that certain |
11 | | information is needed for a pending investigation involving the |
12 | | commission of a felony, that information, and information |
13 | | identifying the juvenile, may be retained in an intelligence |
14 | | file until the investigation is terminated or for one |
15 | | additional year, whichever is sooner. Retention of a portion of |
16 | | a juvenile's juvenile law enforcement record does not |
17 | | disqualify the remainder of his or her record from immediate |
18 | | automatic expungement. |
19 | | (0.35) (a) Notwithstanding any provision of this Act to the |
20 | | contrary, on and after the effective date of this amendatory |
21 | | Act of the 101st General Assembly, all juvenile law enforcement |
22 | | records and juvenile court records are subject to automatic |
23 | | expungement if the underlying charge was not a crime of |
24 | | violence as defined in Section 2 of the Crime Victims |
25 | | Compensation Act. |
26 | | (b) Upon
entry of a disposition for an eligible record |
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1 | | under this subsection (0.35), the minor shall be informed by |
2 | | the court of his or her right to have eligible records |
3 | | immediately
expunged. The clerk shall deliver a certified copy |
4 | | of the expungement order to the Department of State Police and |
5 | | the arresting agency. Upon request, the State's Attorney shall |
6 | | furnish the name of the arresting agency. The expungement shall |
7 | | be completed within 14 business days after the receipt of the |
8 | | expungement order. |
9 | | (c) If the chief law enforcement officer of the agency, or |
10 | | his or her designee, certifies in writing that certain |
11 | | information is needed for a pending investigation involving the |
12 | | commission of a felony, that information, and information |
13 | | identifying the juvenile, may be retained until the statute of |
14 | | limitations for the felony has expired. If the chief law |
15 | | enforcement officer of the agency, or his or her designee, |
16 | | certifies in writing that certain information is needed with |
17 | | respect to an internal investigation of any law enforcement |
18 | | office, that information and information identifying the |
19 | | juvenile may be retained within an intelligence file until the |
20 | | investigation is terminated or the disciplinary action, |
21 | | including appeals, has been completed, whichever is later. |
22 | | Retention of a portion of a juvenile's law enforcement record |
23 | | does not disqualify the remainder of his or her record from |
24 | | immediate automatic expungement. |
25 | | (0.4) Automatic expungement for the purposes of this |
26 | | Section shall not require law enforcement agencies to |
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1 | | obliterate or otherwise destroy juvenile law enforcement |
2 | | records that would otherwise need to be automatically expunged |
3 | | under this Act, except after 2 years following the subject |
4 | | arrest for purposes of use in civil litigation against a |
5 | | governmental entity or its law enforcement agency or personnel |
6 | | which created, maintained, or used the records. However these |
7 | | juvenile law enforcement records shall be considered expunged |
8 | | for all other purposes during this period and the offense, |
9 | | which the records or files concern, shall be treated as if it |
10 | | never occurred as required under Section 5-923. |
11 | | (0.5) Subsection (0.1) or (0.2) of this Section does not |
12 | | apply to violations of traffic, boating, fish and game laws, or |
13 | | county or municipal ordinances. |
14 | | (0.6) Juvenile law enforcement records of a plaintiff who |
15 | | has filed civil litigation against the governmental entity or |
16 | | its law enforcement agency or personnel that created, |
17 | | maintained, or used the records, or juvenile law enforcement |
18 | | records that contain information related to the allegations set |
19 | | forth in the civil litigation may not be expunged until after 2 |
20 | | years have elapsed after the conclusion of the lawsuit, |
21 | | including any appeal. |
22 | | (0.7) Officer-worn body camera recordings shall not be |
23 | | automatically expunged except as otherwise authorized by the |
24 | | Law Enforcement Officer-Worn Body Camera Act. |
25 | | (1) Whenever a person has been arrested, charged, or |
26 | | adjudicated delinquent for an incident occurring before his or |
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1 | | her 18th birthday that if committed by an adult would be an |
2 | | offense, and that person's juvenile law enforcement and |
3 | | juvenile court records are not eligible for automatic |
4 | | expungement under subsection (0.1), (0.2), or (0.3), the
person |
5 | | may petition the court at any time for expungement of juvenile |
6 | | law
enforcement records and juvenile court records relating to |
7 | | the incident and, upon termination of all juvenile
court |
8 | | proceedings relating to that incident, the court shall order |
9 | | the expungement of all records in the possession of the |
10 | | Department of State Police, the clerk of the circuit court, and |
11 | | law enforcement agencies relating to the incident, but only in |
12 | | any of the following circumstances:
|
13 | | (a) the minor was arrested and no petition for |
14 | | delinquency was filed with
the clerk of the circuit court; |
15 | | (a-5) the minor was charged with an offense and the |
16 | | petition or petitions were dismissed without a finding of |
17 | | delinquency;
|
18 | | (b) the minor was charged with an offense and was found |
19 | | not delinquent of
that offense;
|
20 | | (c) the minor was placed under supervision under |
21 | | Section 5-615, and
the order of
supervision has since been |
22 | | successfully terminated; or
|
23 | | (d)
the minor was adjudicated for an offense which |
24 | | would be a Class B
misdemeanor, Class C misdemeanor, or a |
25 | | petty or business offense if committed by an adult.
|
26 | | (1.5) The Department of State Police shall allow a person |
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1 | | to use the Access and Review process, established in the |
2 | | Department of State Police, for verifying that his or her |
3 | | juvenile law enforcement records relating to incidents |
4 | | occurring before his or her 18th birthday eligible under this |
5 | | Act have been expunged. |
6 | | (1.6) (Blank). |
7 | | (1.7) (Blank). |
8 | | (1.8) (Blank). |
9 | | (2) Any person whose delinquency adjudications are not |
10 | | eligible for automatic expungement under subsection (0.3) of |
11 | | this Section may petition the court to expunge all juvenile law |
12 | | enforcement records
relating to any
incidents occurring before |
13 | | his or her 18th birthday which did not result in
proceedings in |
14 | | criminal court and all juvenile court records with respect to
|
15 | | any adjudications except those based upon first degree
murder |
16 | | or an offense under Article 11 of the Criminal Code of 2012 if |
17 | | the person is required to register under the Sex Offender |
18 | | Registration Act at the time he or she petitions the court for |
19 | | expungement; provided that:
|
20 | | (a) (blank); or
|
21 | | (b) 2 years have elapsed since all juvenile court |
22 | | proceedings relating to
him or her have been terminated and |
23 | | his or her commitment to the Department of
Juvenile Justice
|
24 | | under this Act has been terminated.
|
25 | | (2.5) If a minor is arrested and no petition for |
26 | | delinquency is filed with the clerk of the circuit court at the |
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1 | | time the minor is released from custody, the youth officer, if |
2 | | applicable, or other designated person from the arresting |
3 | | agency, shall notify verbally and in writing to the minor or |
4 | | the minor's parents or guardians that the minor shall have an |
5 | | arrest record and shall provide the minor and the minor's |
6 | | parents or guardians with an expungement information packet, |
7 | | information regarding this State's expungement laws including |
8 | | a petition to expunge juvenile law enforcement and juvenile |
9 | | court records obtained from the clerk of the circuit court. |
10 | | (2.6) If a minor is referred to court then at the time of |
11 | | sentencing or dismissal of the case, or successful completion |
12 | | of supervision, the judge shall inform the delinquent minor of |
13 | | his or her rights regarding expungement and the clerk of the |
14 | | circuit court shall provide an expungement information packet |
15 | | to the minor, written in plain language, including information |
16 | | regarding this State's expungement laws and a petition for |
17 | | expungement, a sample of a completed petition, expungement |
18 | | instructions that shall include information informing the |
19 | | minor that (i) once the case is expunged, it shall be treated |
20 | | as if it never occurred, (ii) he or she may apply to have |
21 | | petition fees waived, (iii) once he or she obtains an |
22 | | expungement, he or she may not be required to disclose that he |
23 | | or she had a juvenile law enforcement or juvenile court record, |
24 | | and (iv) if petitioning he or she may file the petition on his |
25 | | or her own or with the assistance of an attorney. The failure |
26 | | of the judge to inform the delinquent minor of his or her right |
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1 | | to petition for expungement as provided by law does not create |
2 | | a substantive right, nor is that failure grounds for: (i) a |
3 | | reversal of an adjudication of delinquency, (ii) a new trial; |
4 | | or (iii) an appeal. |
5 | | (2.7) (Blank). |
6 | | (2.8) (Blank). |
7 | | (3) (Blank).
|
8 | | (3.1) (Blank).
|
9 | | (3.2) (Blank). |
10 | | (3.3) (Blank).
|
11 | | (4) (Blank).
|
12 | | (5) (Blank).
|
13 | | (5.5) Whether or not expunged, records eligible for |
14 | | automatic expungement under subdivision (0.1)(a), (0.2)(a), or |
15 | | (0.3)(a) may be treated as expunged by the individual subject |
16 | | to the records. |
17 | | (6) (Blank). |
18 | | (6.5) The Department of State Police or any employee of the |
19 | | Department shall be immune from civil or criminal liability for |
20 | | failure to expunge any records of arrest that are subject to |
21 | | expungement under this Section because of inability to verify a |
22 | | record. Nothing in this Section shall create Department of |
23 | | State Police liability or responsibility for the expungement of |
24 | | juvenile law enforcement records it does not possess. |
25 | | (7) (Blank).
|
26 | | (7.5) (Blank). |
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1 | | (8)(a) (Blank). |
2 | | (b) (Blank). |
3 | | (c) The expungement of juvenile law enforcement or juvenile |
4 | | court records under subsection (0.1), (0.2), or (0.3) of this |
5 | | Section shall be funded by appropriation by the General |
6 | | Assembly for that purpose. |
7 | | (9) (Blank). |
8 | | (10) (Blank). |
9 | | (Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; |
10 | | 100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff. |
11 | | 8-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162, |
12 | | eff. 12-20-18.)
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13 | | Section 95. No acceleration or delay. Where this Act makes |
14 | | changes in a statute that is represented in this Act by text |
15 | | that is not yet or no longer in effect (for example, a Section |
16 | | represented by multiple versions), the use of that text does |
17 | | not accelerate or delay the taking effect of (i) the changes |
18 | | made by this Act or (ii) provisions derived from any other |
19 | | Public Act.
|