HB4090 102ND GENERAL ASSEMBLY

LRB102 17509 KMF 23081 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4090

Introduced 5/25/2021, by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:

725 ILCS 5/116-2.2 new

Amends the Code of Criminal Procedure of 1963. Provides that a motion to vacate convictions for certain offenses under the Cannabis Control Act may be filed at any time following the entry of a verdict or finding of guilty, provided that reasonable notice is served upon the State. Provides that the court shall grant the motion. Provides that upon vacating the conviction, the court shall take specified actions appropriate in the circumstances. Provides that these actions may include entering an order expunging certain records. Provides that, for individuals incarcerated solely on vacated convictions, the court shall provide for the immediate release from incarceration, including, but not limited to, relief from any period of probation or mandatory supervised release. Provides that the court shall, for individuals serving sentences for certain vacated convictions concurrently with any other conviction, upon motion of the defendant, grant a retrial for other specified convictions. Provides that the court shall grant such other relief as is appropriate in the circumstances.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by adding Section 116-2.2 as follows:

(725 ILCS 5/116-2.2 new)

Sec. 116-2.2. Motion to vacate convictions for cannabis offenses.

(a) A motion under this Section may be filed at any time following the entry of a verdict or finding of guilty where the conviction was under any of the following Sections of the Cannabis Control Act: Section 4 (possession of cannabis); Section 5 (manufacture or delivery of cannabis, or possession with intent to manufacture or deliver cannabis); Section 5.1 (cannabis trafficking); Section 5.2 (delivery of cannabis on school grounds); Section 5.3 (unlawful use of cannabis-based product manufacturing equipment); Section 7 (delivery of cannabis to minors); Section 8 (production or possession of cannabis sativa plant); or Section 9 (calculated criminal cannabis conspiracy).

(b) The court shall grant the motion. Upon vacating the conviction, the court shall, as is appropriate in the circumstances:

(1) For all convictions vacated under this Section, within 90 days after the conviction is vacated, enter an order expunging the records of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Department of State Police be expunged and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction, provided that the order shall not affect any index issued by the circuit court clerk before the entry of the order. Upon entry of the order of expungement, the circuit court clerk shall promptly provide a copy of the order and a certificate of disposition to the defendant at his or her last known address or by electronic means (if available) or otherwise make it available to the defendant upon request.

(2) For individuals incarcerated solely on the basis of convictions vacated under this Section, the court shall also provide for the immediate release of the individual from incarceration together with relief from any post-incarceration restrictions or conditions ordered by the court or otherwise provided for by law, including, but not limited to, relief from any period of probation or mandatory supervised release and the payment of the remaining balance due of any fines or fees.

(3) For individuals serving sentences for convictions vacated under this Section concurrently with any other conviction, upon motion of the defendant, grant a retrial for any convictions not vacated under this Section.

(4) Grant such other relief as is appropriate in the circumstances.