Bill Status of SB 3458   97th General Assembly

Short Description:  CRIM ID&CD CORR-SEALING RECORD

Senate Sponsors
Sen. Antonio Muņoz-Thomas Johnson-Jacqueline Y. Collins, Toi W. Hutchinson-Iris Y. Martinez, William Delgado-Mattie Hunter, Emil Jones, III, Kwame Raoul and Kimberly A. Lightford

House Sponsors
(Rep. Elizabeth Hernandez-Jim Sacia-Constance A. Howard-La Shawn K. Ford-Edward J. Acevedo, Kenneth Dunkin, Maria Antonia Berrios, Luis Arroyo, Cynthia Soto, Ann Williams and Arthur Turner)


Last Action  View All Actions

DateChamber Action
  8/27/2012SenatePublic Act . . . . . . . . . 97-1120

Statutes Amended In Order of Appearance
20 ILCS 2630/5.2
20 ILCS 2630/13
730 ILCS 5/3-3-2from Ch. 38, par. 1003-3-2

Synopsis As Introduced
Amends the Criminal Identification Act and the Unified Code of Corrections. Provides that the Prisoner Review Board, upon a petition by a person who has been convicted of a Class 3 or 4 felony and who meets other eligibility requirements, shall hear by a panel of at least 3 members and, with the unanimous vote of 3 members, issue a certificate of eligibility recommending that the court order the sealing of all official records of the arresting authority, the circuit court clerk, and the Department of State Police concerning the arrest and conviction of the person for the Class 3 or 4 felony. Excludes from eligibility persons convicted of violent crimes, sex offenses, or DUI.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Criminal Identification Act and the Unified Code of Corrections. Reinserts the provisions of the bill, except: (1) provides that the decision to issue or refrain from issuing a certificate of eligibility for sealing shall be at the Board's sole discretion, and shall not give rise to any cause of action against either the Board or its members; (2) provides that a person convicted of an offense under the Criminal Code of 1961 involving a firearm may not apply to the Board for a certificate of eligibility for sealing; (3) provides that a person convicted of a violation of the Cannabis Control Act, Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or the Methamphetamine Precursor Tracking Act may not apply to the Board for a certificate of eligibility for sealing unless the petitioner has completed a drug abuse program for the offense on which sealing is sought and provides proof that he or she has completed the program successfully; and (4) provides that a person may not apply to the Board for a certificate of eligibility for sealing if the person has been convicted of any crime defined as a crime of violence under the Crime Victims Compensation Act (rather than a violent crime under the Rights of Crime Victims and Witnesses Act).

House Floor Amendment No. 2
Adds reference to:
20 ILCS 2605/2605-345 new
20 ILCS 2630/3from Ch. 38, par. 206-3

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that upon the request of (i) an insured depository institution, as defined by the Federal Deposit Insurance Corporation Act, (ii) a depository institution holding company, as defined by the Federal Deposit Insurance Corporation Act, (iii) a foreign banking corporation, as defined by the Foreign Banking Office Act, (iv) a corporate fiduciary, as defined by the Corporate Fiduciary Act, (v) a credit union, as defined in the Illinois Credit Union Act, or (vi) a subsidiary of any entity listed in items (i) through (v) (each such entity or subsidiary hereinafter referred to as a "requesting institution"), to ascertain whether any employee of the requesting institution, applicant for employment by the requesting institution, or officer, director, agent, institution-affiliated party, or any other party who owns or controls, directly or indirectly, or participates, directly or indirectly, in the affairs of the requesting institution, has been convicted of a felony or of any criminal offense relating to dishonesty, breach of trust, or money laundering, the Department shall furnish the conviction information to the requesting institution. Further amends the Unified Code of Corrections concerning the new provisions for sealing Class 3 or 4 felonies. Provides that the Board may only authorize the sealing of Class 3 and 4 felony convictions from one information or indictment of the petitioner and a petitioner may receive only one certificate of eligibility for sealing for life under the provisions of the amendatory Act.

Actions 
DateChamber Action
  2/7/2012SenateFiled with Secretary by Sen. Antonio Muņoz
  2/7/2012SenateFirst Reading
  2/7/2012SenateReferred to Assignments
  2/17/2012SenateAssigned to Criminal Law
  2/23/2012SenatePostponed - Criminal Law
  2/28/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Antonio Muņoz
  2/28/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/29/2012SenatePostponed - Criminal Law
  2/29/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  3/7/2012SenateSenate Committee Amendment No. 1 Adopted
  3/7/2012SenateDo Pass as Amended Criminal Law; 008-000-000
  3/7/2012SenatePlaced on Calendar Order of 2nd Reading March 8, 2012
  3/8/2012SenateAdded as Chief Co-Sponsor Sen. Thomas Johnson
  3/21/2012SenateSecond Reading
  3/21/2012SenatePlaced on Calendar Order of 3rd Reading March 22, 2012
  3/22/2012SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/22/2012SenateAdded as Co-Sponsor Sen. Toi W. Hutchinson
  3/22/2012SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  3/22/2012SenateAdded as Co-Sponsor Sen. William Delgado
  3/22/2012SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  3/22/2012SenateAdded as Co-Sponsor Sen. Emil Jones, III
  3/22/2012SenateAdded as Co-Sponsor Sen. Kwame Raoul
  3/22/2012SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  3/22/2012SenateThird Reading - Passed; 036-015-000
  3/22/2012HouseArrived in House
  3/26/2012HouseChief House Sponsor Rep. Elizabeth Hernandez
  3/26/2012HousePlaced on Calendar Order of First Reading
  3/26/2012HouseFirst Reading
  3/26/2012HouseReferred to Rules Committee
  4/10/2012HouseAssigned to Judiciary II - Criminal Law Committee
  5/3/2012HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 008-001-000
  5/3/2012HousePlaced on Calendar 2nd Reading - Short Debate
  5/10/2012HouseAdded Alternate Co-Sponsor Rep. Kenneth Dunkin
  5/11/2012HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Elizabeth Hernandez
  5/11/2012HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/15/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Elizabeth Hernandez
  5/15/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/21/2012HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee
  5/22/2012HouseSecond Reading - Short Debate
  5/22/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  5/23/2012HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary II - Criminal Law Committee; 007-000-000
  5/25/2012HouseFinal Action Deadline Extended-9(b) May 31, 2012
  5/26/2012HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  5/26/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/28/2012HouseAdded Alternate Chief Co-Sponsor Rep. Jim Sacia
  5/28/2012HouseAdded Alternate Chief Co-Sponsor Rep. Constance A. Howard
  5/28/2012HouseAdded Alternate Chief Co-Sponsor Rep. La Shawn K. Ford
  5/28/2012HouseAdded Alternate Chief Co-Sponsor Rep. Edward J. Acevedo
  5/29/2012HouseThird Reading - Short Debate - Passed 083-034-000
  5/29/2012HouseHouse Floor Amendment No. 1 Tabled Pursuant to Rule 40
  5/29/2012HouseAdded Alternate Co-Sponsor Rep. Maria Antonia Berrios
  5/29/2012HouseAdded Alternate Co-Sponsor Rep. Luis Arroyo
  5/29/2012HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  5/29/2012HouseAdded Alternate Co-Sponsor Rep. Ann Williams
  5/29/2012HouseAdded Alternate Co-Sponsor Rep. Arthur Turner
  5/29/2012SenateSecretary's Desk - Concurrence House Amendment(s) 2
  5/29/2012SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2 - May 30, 2012
  5/30/2012SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Antonio Muņoz
  5/30/2012SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/30/2012SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Criminal Law
  5/30/2012SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Criminal Law; 007-000-000
  5/31/2012SenateHouse Floor Amendment No. 2 Senate Concurs 043-012-000
  5/31/2012SenatePassed Both Houses
  6/29/2012SenateSent to the Governor
  8/27/2012SenateGovernor Approved
  8/27/2012SenateEffective Date January 1, 2013
  8/27/2012SenatePublic Act . . . . . . . . . 97-1120

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