093_HB1091ham002

 










                                     LRB093 04718 RLC 14234 a

 1                    AMENDMENT TO HOUSE BILL 1091

 2        AMENDMENT NO.     .  Amend House Bill 1091 as follows:

 3    on page  2,  by  replacing  lines  19  through  22  with  the
 4    following:
 5    "the  Department  of  State  Police.   Notice of the proposed
 6    expungement pursuant to  subsections  (1)  and  (2)  of  this
 7    Section   shall  be  served  upon  the  State's  Attorney  or
 8    prosecutor charged with the duty of prosecuting the  offense,
 9    the  Department of State Police, and the arresting agency for
10    each arrest. If an objection is filed within 90 days  of  the
11    notice  of  the  proposed  expungement, the court shall set a
12    date for  hearing.  At  the  hearing  the  court  shall  hear
13    evidence  on  whether the expungement should or should not be
14    granted. Unless  the  State's  Attorney  or  prosecutor,  the
15    Department of State Police, or an arresting agency objects to
16    the expungement within 90 days of the notice, the court shall
17    enter an order granting the expungement.
18    Notice  of  the  petition  shall  be  served upon the State's
19    Attorney and  upon  the  arresting  authority  which  is  the
20    subject of the petition for expungement.".