093_HB2391ham002
LRB093 07037 RLC 13831 a
1 AMENDMENT TO HOUSE BILL 2391
2 AMENDMENT NO. . Amend House Bill 2391 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Criminal Identification Act is amended by
6 changing Section 5 and adding Sections 11, 12, and 13 as
7 follows:
8 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
9 Sec. 5. Arrest reports; expungement.
10 (a) All policing bodies of this State shall furnish to
11 the Department, daily, in the form and detail the Department
12 requires, fingerprints and descriptions of all persons who
13 are arrested on charges of violating any penal statute of
14 this State for offenses that are classified as felonies and
15 Class A or B misdemeanors and of all minors of the age of 10
16 and over who have been arrested for an offense which would be
17 a felony if committed by an adult, and may forward such
18 fingerprints and descriptions for minors arrested for Class A
19 or B misdemeanors. Moving or nonmoving traffic violations
20 under the Illinois Vehicle Code shall not be reported except
21 for violations of Chapter 4, Section 11-204.1, or Section
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1 11-501 of that Code. In addition, conservation offenses, as
2 defined in the Supreme Court Rule 501(c), that are classified
3 as Class B misdemeanors shall not be reported.
4 Whenever an adult or minor prosecuted as an adult, not
5 having previously been convicted of any criminal offense or
6 municipal ordinance violation, charged with a violation of a
7 municipal ordinance or a felony or misdemeanor, is acquitted
8 or the charges are dismissed or no billed, or if the person
9 is convicted, but the conviction is reversed released without
10 being convicted, whether the acquittal or release occurred
11 before, on, or after the effective date of this amendatory
12 Act of the 93rd General Assembly 1991, the Chief Judge of the
13 circuit wherein the charge was brought, any judge of that
14 circuit designated by the Chief Judge, or in counties of less
15 than 3,000,000 inhabitants, the presiding trial judge at the
16 defendant's trial shall may upon verified petition of the
17 defendant order the record of arrest expunged from the
18 official records of the arresting authority and the
19 Department and order that the records of the clerk of the
20 circuit court be sealed until further order of the court upon
21 good cause shown and the name of the defendant obliterated on
22 the official index required to be kept by the circuit court
23 clerk under Section 16 of the Clerks of Courts Act, but the
24 order shall not affect any index issued by the circuit court
25 clerk before the entry of the order. The Department may
26 charge the petitioner a fee equivalent to the cost of
27 processing any order to expunge or seal the records, and the
28 fee shall be deposited into the State Police Services Fund,
29 except there shall be no fee to apply to expunge an aggrieved
30 party's records resulting from a case in which the aggrieved
31 party's identity was stolen. The records of those arrests,
32 however, that result in a disposition of supervision for any
33 offense shall not be expunged from the records of the
34 arresting authority or the Department nor impounded by the
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1 court until 2 years after discharge and dismissal of
2 supervision. Those records that result from a supervision
3 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
4 11-503 of the Illinois Vehicle Code or a similar provision of
5 a local ordinance, or for a violation of Section 12-3.2,
6 12-15 or 16A-3 of the Criminal Code of 1961, or probation
7 under Section 10 of the Cannabis Control Act, Section 410 of
8 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
9 and (2) of the Criminal Code of 1961 (as those provisions
10 existed before their deletion by Public Act 89-313), Section
11 10-102 of the Illinois Alcoholism and Other Drug Dependency
12 Act when the judgment of conviction has been vacated, Section
13 40-10 of the Alcoholism and Other Drug Abuse and Dependency
14 Act when the judgment of conviction has been vacated, or
15 Section 10 of the Steroid Control Act shall not be expunged
16 from the records of the arresting authority nor impounded by
17 the court until 5 years after termination of probation or
18 supervision. Those records that result from a supervision
19 for a violation of Section 11-501 of the Illinois Vehicle
20 Code or a similar provision of a local ordinance, shall not
21 be expunged. All records set out above may be ordered by the
22 court to be expunged from the records of the arresting
23 authority and impounded by the court after 5 years, but shall
24 not be expunged by the Department, but shall, on court order
25 be sealed by the Department and may be disseminated by the
26 Department only as required by law or to the arresting
27 authority, the State's Attorney, and the court upon a later
28 arrest for the same or a similar offense or for the purpose
29 of sentencing for any subsequent felony. Upon conviction for
30 any offense, the Department of Corrections shall have access
31 to all sealed records of the Department pertaining to that
32 individual.
33 (a-2) An adult or minor prosecuted as an adult who,
34 previous to the effective date of this amendatory Act of the
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1 93rd General Assembly, was charged with a violation of a
2 municipal ordinance or a felony or a misdemeanor and who was
3 acquitted, had the charges dismissed or no billed, or had a
4 conviction reversed may, upon verified petition to the Chief
5 Judge of the circuit wherein the charge was brought, any
6 judge of that circuit designated by the Chief Judge, or in
7 counties of less than 3,000,000 inhabitants, the presiding
8 trial judge at the defendant's trial, request expungement of
9 those arrest records. Upon finding the applicant statutorily
10 eligible for expungement, the court shall order the records
11 of arrest expunged from the official records of the arresting
12 authority and the Department and order that the records of
13 the clerk of the circuit court be sealed until further order
14 of the court upon good cause shown and the name of the
15 defendant obliterated on the official index required to be
16 kept by the circuit court clerk under Section 16 of the
17 Clerks of Courts Act, but the order shall not affect any
18 index issued by the circuit court clerk before the entry of
19 the order.
20 (a-5) Those records maintained by the Department for
21 persons arrested prior to their 17th birthday shall be
22 expunged as provided in Section 5-915 of the Juvenile Court
23 Act of 1987.
24 (b) Whenever a person has been convicted of a crime or
25 of the violation of a municipal ordinance, in the name of a
26 person whose identity he has stolen or otherwise come into
27 possession of, the aggrieved person from whom the identity
28 was stolen or otherwise obtained without authorization, upon
29 learning of the person having been arrested using his
30 identity, may, upon verified petition to the chief judge of
31 the circuit wherein the arrest was made, have a court order
32 entered nunc pro tunc by the chief judge to correct the
33 arrest record, conviction record, if any, and all official
34 records of the arresting authority, the Department, other
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1 criminal justice agencies, the prosecutor, and the trial
2 court concerning such arrest, if any, by removing his name
3 from all such records in connection with the arrest and
4 conviction, if any, and by inserting in the records the name
5 of the offender, if known or ascertainable, in lieu of the
6 aggrieved's name. The records of the clerk of the circuit
7 court clerk shall be sealed until further order of the court
8 upon good cause shown and the name of the aggrieved person
9 obliterated on the official index required to be kept by the
10 circuit court clerk under Section 16 of the Clerks of Courts
11 Act, but the order shall not affect any index issued by the
12 circuit court clerk before the entry of the order. Nothing
13 in this Section shall limit the Department of State Police or
14 other criminal justice agencies or prosecutors from listing
15 under an offender's name the false names he or she has used.
16 For purposes of this Section, convictions for moving and
17 nonmoving traffic violations other than convictions for
18 violations of Chapter 4, Section 11-204.1 or Section 11-501
19 of the Illinois Vehicle Code shall not be a bar to expunging
20 the record of arrest and court records for violation of a
21 misdemeanor or municipal ordinance.
22 (c) Whenever a person who has been convicted of an
23 offense is granted a pardon by the Governor which
24 specifically authorizes expungement, he may, upon verified
25 petition to the chief judge of the circuit where the person
26 had been convicted, any judge of the circuit designated by
27 the Chief Judge, or in counties of less than 3,000,000
28 inhabitants, the presiding trial judge at the defendant's
29 trial, may have a court order entered expunging the record of
30 arrest from the official records of the arresting authority
31 and order that the records of the clerk of the circuit court
32 and the Department be sealed until further order of the court
33 upon good cause shown or as otherwise provided herein, and
34 the name of the defendant obliterated from the official index
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1 requested to be kept by the circuit court clerk under Section
2 16 of the Clerks of Courts Act in connection with the arrest
3 and conviction for the offense for which he had been pardoned
4 but the order shall not affect any index issued by the
5 circuit court clerk before the entry of the order. All
6 records sealed by the Department may be disseminated by the
7 Department only as required by law or to the arresting
8 authority, the State's Attorney, and the court upon a later
9 arrest for the same or similar offense or for the purpose of
10 sentencing for any subsequent felony. Upon conviction for
11 any subsequent offense, the Department of Corrections shall
12 have access to all sealed records of the Department
13 pertaining to that individual. Upon entry of the order of
14 expungement, the clerk of the circuit court shall promptly
15 mail a copy of the order to the person who was pardoned.
16 (c-5) Whenever a person has been convicted of criminal
17 sexual assault, aggravated criminal sexual assault, predatory
18 criminal sexual assault of a child, criminal sexual abuse, or
19 aggravated criminal sexual abuse, the victim of that offense
20 may request that the State's Attorney of the county in which
21 the conviction occurred file a verified petition with the
22 presiding trial judge at the defendant's trial to have a
23 court order entered to seal the records of the clerk of the
24 circuit court in connection with the proceedings of the trial
25 court concerning that offense. However, the records of the
26 arresting authority and the Department of State Police
27 concerning the offense shall not be sealed. The court, upon
28 good cause shown, shall make the records of the clerk of the
29 circuit court in connection with the proceedings of the trial
30 court concerning the offense available for public inspection.
31 (d) Notice of the petition for subsections (a), (b), and
32 (c) shall be served upon the State's Attorney or prosecutor
33 charged with the duty of prosecuting the offense, the
34 Department of State Police, the arresting agency and the
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1 chief legal officer of the unit of local government affecting
2 the arrest. Unless the State's Attorney or prosecutor, the
3 Department of State Police, the arresting agency or such
4 chief legal officer objects to the petition within 90 30 days
5 from the date of the notice, the court shall enter an order
6 granting or denying the petition. The clerk of the court
7 shall promptly mail a copy of the order to the person, the
8 arresting agency, the prosecutor, the Department of State
9 Police and such other criminal justice agencies as may be
10 ordered by the judge. If an objection is filed, the court
11 shall set a date for hearing. At the hearing the court shall
12 hear evidence on whether the expungement of the records
13 should or should not be granted.
14 (e) Nothing herein shall prevent the Department of State
15 Police from maintaining all records of any person who is
16 admitted to probation upon terms and conditions and who
17 fulfills those terms and conditions pursuant to Section 10 of
18 the Cannabis Control Act, Section 410 of the Illinois
19 Controlled Substances Act, Section 12-4.3 of the Criminal
20 Code of 1961, Section 10-102 of the Illinois Alcoholism and
21 Other Drug Dependency Act, Section 40-10 of the Alcoholism
22 and Other Drug Abuse and Dependency Act, or Section 10 of the
23 Steroid Control Act.
24 (f) No court order issued pursuant to the expungement
25 provisions of this Section shall become final for purposes of
26 appeal until 30 days after notice is received by the
27 Department. Any court order contrary to the provisions of
28 this Section is void.
29 (g) Except as otherwise provided in subsection (c-5) of
30 this Section, the court shall not order the sealing or
31 expungement of the arrest records and records of the circuit
32 court clerk of any person granted supervision for or
33 convicted of any sexual offense committed against a minor
34 under 18 years of age. For the purposes of this Section,
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1 "sexual offense committed against a minor" includes but is
2 not limited to the offenses of indecent solicitation of a
3 child or criminal sexual abuse when the victim of such
4 offense is under 18 years of age.
5 (h) (1) Notwithstanding any other provision of this Act
6 to the contrary, whenever an adult or minor prosecuted as an
7 adult charged with a violation of a municipal ordinance or a
8 misdemeanor has been convicted or placed on supervision for a
9 misdemeanor and has not been convicted of a felony or
10 misdemeanor or placed on supervision for a misdemeanor within
11 3 years after the completion of the sentence or completion of
12 the terms and conditions of the supervision and the
13 conviction entered or the supervision was imposed after the
14 effective date of this amendatory Act of the 93rd General
15 Assembly, the Chief Judge of the circuit in which the charge
16 was brought, any judge of that circuit designated by the
17 Chief Judge, or, in counties of less then 3,000,000
18 inhabitants, the presiding trial judge at the defendant's
19 trial shall order the record of arrest expunged from the
20 official records of the arresting authority and the
21 Department and order that the records of the clerk of the
22 circuit court be sealed until further order of the court upon
23 good cause shown and the name of the defendant obliterated on
24 the official index required to be kept by the circuit court
25 clerk under Section 16 of the Clerks of Courts Act, but the
26 order shall not affect any index issued by the circuit court
27 clerk before the entry of the order, 3 years after the
28 completion of the sentence or terms and conditions of
29 supervision, except those records are subject to inspection
30 and use by the court for the purposes of subsequent
31 sentencing for misdemeanor and felony violations and
32 inspection and use by law enforcement agencies and State's
33 Attorneys or prosecutors in carrying out the duties of their
34 offices. This subsection (h) does not apply to persons
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1 convicted of or placed on supervision for: (1) a violation of
2 Section 11-501 of the Illinois Vehicle Code or a similar
3 provision of a local ordinance; (2) a misdemeanor violation
4 of Article 11 of the Criminal Code of 1961 or a similar
5 provision of a local ordinance; (3) a misdemeanor violation
6 of Section 12-15 or 12-30 of the Criminal Code of 1961 or a
7 similar provision of a local ordinance; or (4) a misdemeanor
8 violation that is a crime of violence as defined in Section 2
9 of the Crime Victims Compensation Act or a similar provision
10 of a local ordinance.
11 (2) The person whose records are to be sealed shall
12 provide the clerk of the court with a current address and
13 shall promptly notify the clerk of the court of any change of
14 address. Notice that the person's records are to be sealed
15 shall be served upon the State's Attorney or prosecutor
16 charged with the duty of prosecuting the offense, the
17 Department of State Police, the arresting agency and the
18 chief legal officer of the unit of local government effecting
19 the arrest within 2 years and 6 months the completion of the
20 sentence or the terms and conditions of the supervision.
21 Unless the State's Attorney or prosecutor, the Department of
22 State Police, the arresting agency or such chief legal
23 officer objects to the petition, the court shall enter an
24 order sealing the defendant's records 3 years after the
25 completion of the sentence or the terms and conditions of the
26 supervision. The clerk of the court shall promptly mail a
27 copy of the order to the person, the arresting agency, the
28 prosecutor, the Department of State Police and such other
29 criminal justice agencies as may be ordered by the judge. If
30 an objection is filed, the court shall set a date for
31 hearing. At the hearing the court shall hear evidence on
32 whether the sealing of the records should or should not be
33 granted.
34 (3) Notwithstanding any other provision of this Act to
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1 the contrary, an adult or minor prosecuted as an adult
2 charged with a violation of a municipal ordinance or a
3 misdemeanor who was convicted or placed on supervision for a
4 misdemeanor and was not convicted of a felony or misdemeanor
5 or placed on supervision for a misdemeanor within 3 years
6 after the completion of the sentence or completion of the
7 terms and conditions of the supervision, and if the arrest
8 for the offense that resulted in conviction or supervision
9 occurred before the effective date of this amendatory Act of
10 the 93rd General Assembly, the Chief Judge of the circuit in
11 which the charge was brought, any judge of that circuit
12 designated by the Chief Judge, or, in counties of less then
13 3,000,000 inhabitants, the presiding trial judge at the
14 defendant's trial shall, upon a verified petition filed by
15 the defendant, order the record of arrest expunged from the
16 official records of the arresting authority and the
17 Department and order that the records of the clerk of the
18 circuit court be sealed until further order of the court upon
19 good cause shown and the name of the defendant obliterated on
20 the official index required to be kept by the circuit court
21 clerk under Section 16 of the Clerks of Courts Act, but the
22 order shall not affect any index issued by the circuit court
23 clerk before the entry of the order, immediately or 3 years
24 after the completion of the sentence or terms and conditions
25 of the supervision, whichever is later, except those records
26 are subject to inspection and use by the court for the
27 purposes of subsequent sentencings for misdemeanor and felony
28 violations and inspection and use by law enforcement agencies
29 and State's Attorneys or prosecutors in carrying out the
30 duties of their offices. This subsection (h) does not apply
31 to persons convicted of or placed on supervision for: (1) a
32 violation of Section 11-501 of the Illinois Vehicle Code or a
33 similar provision of a local ordinance; (2) a misdemeanor
34 violation of Article 11 of the Criminal Code of 1961 or a
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1 similar provision of a local ordinance; (3) a misdemeanor
2 violation of Section 12-15 of 12-30 of the Criminal Code of
3 1961 or a similar provision of a local ordinance; or (4) a
4 misdemeanor violation that is a crime of violence as defined
5 in Section 2 of the Crime Victims Compensation Act or a
6 similar provision of a local ordinance. The State's Attorney
7 or prosecutor charged with the duty of prosecuting the
8 offense, the Department of State Police, the arresting agency
9 and the chief legal officer of the unit of local government
10 effecting the arrest shall be served with a copy of the
11 verified petition and shall have 3 months in which to object.
12 If an objection is filed, the court shall set a date for
13 hearing. At the hearing the court shall hear evidence on
14 whether the sealing of the records should or should not be
15 granted. Upon conviction for any offense, the Department of
16 Corrections shall have access to all sealed records of the
17 Department pertaining to that individual.
18 (4) The person whose records are sealed under this
19 subsection (h) shall pay to the Department a fee equivalent
20 to the cost of processing any sealing of records. The fee
21 shall be paid within 30 days after the dismissal of the
22 charge, the finding of not guilty, the reversal of
23 conviction, or the completion of the sentence or terms and
24 conditions of the supervision. The fee shall be deposited
25 into the State Police Services Fund.
26 (5) Whenever a sealing of records is required under this
27 subsection (h), the notification of the sealing must be given
28 by the circuit court where the arrest occurred to the
29 Department in a form and manner prescribed by the Department.
30 (Source: P.A. 91-295, eff. 1-1-00; 91-357, eff. 7-29-99;
31 92-651, eff. 7-11-02.)
32 (20 ILCS 2630/11 new)
33 Sec. 11. Legal assistance and education. The State
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1 Appellate Defender shall establish, maintain, and carry out
2 an expungement program to provide information to persons
3 eligible to have their arrest or criminal history records
4 expunged or sealed.
5 (20 ILCS 2630/12 new)
6 Sec 12. Entry of order; effect of expungement or sealing.
7 (a) An expunged or sealed record may not be considered
8 by any private or public entity in employment matters,
9 certification, licensing, revocation of certification or
10 licensure, or registration. Applications for employment must
11 contain specific language which states that the applicant is
12 not obligated to disclose sealed or expunged records of
13 conviction or arrest. Employers may not ask if an applicant
14 has had records expunged or sealed.
15 (b) A person whose records have been sealed or expunged
16 is not entitled to remission of any fines, costs, or other
17 money paid as a consequence of the sealing or expungement.
18 This amendatory Act of the 93rd General Assembly does not
19 affect the right of the victim of a crime to prosecute or
20 defend a civil action for damages. Persons engaged in civil
21 litigation involving criminal records that have been sealed
22 or expunged may petition the court to open the records for
23 the limited purpose of using them in the course of
24 litigation.
25 (20 ILCS 2630/13 new)
26 Sec. 13. Prohibited conduct; misdemeanor; penalty.
27 (a) The Department of State Police shall retain a
28 nonpublic sealed or expunged record under subsections (a),
29 (b), (c), and (h) of Section 5. This nonpublic sealed record
30 shall be used and disseminated by the Department only as
31 allowed by law.
32 (b) The nonpublic record maintained under subsection (a)
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1 is exempt from disclosure under the Freedom of Information
2 Act.
3 (c) Except as provided in subsection (a), a person who
4 is a keeper of arrest, conviction, or court records who knows
5 that a record was expunged or sealed under Section 5 and
6 knowingly divulges, uses, or publishes information concerning
7 an expunged or sealed record under this Section is guilty of
8 a Class B misdemeanor punishable by imprisonment for not more
9 than 90 days or a fine of not more than $500, or both.".