Bill Status of HB 821   98th General Assembly

Short Description:  CRIMINAL LAW-TECH

House Sponsors
Rep. Monique D. Davis-Scott Drury-Mary E. Flowers-Dennis M. Reboletti-La Shawn K. Ford, Derrick Smith, Rita Mayfield, Arthur Turner, Charles E. Jefferson, Esther Golar, Camille Y. Lilly and Luis Arroyo

Senate Sponsors
(Sen. Kwame Raoul-Dale A. Righter-Jacqueline Y. Collins-Michael Connelly)


Last Action  View All Actions

DateChamber Action
  8/2/2013HousePublic Act . . . . . . . . . 98-0133

Statutes Amended In Order of Appearance
725 ILCS 5/100-1from Ch. 38, par. 100-1

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the short title.

House Floor Amendment No. 3
Deletes reference to:
725 ILCS 5/100-1
Adds reference to:
730 ILCS 5/5-5-4from Ch. 38, par. 1005-5-4

Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that if a conviction has been vacated as a result of a claim of actual innocence based on newly discovered evidence made under the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963 or the relief from judgments Section of the Code of Civil Procedure, and (1) the petitioner was convicted of one or more felonies by the State of Illinois and subsequently sentenced to a term of imprisonment, and has served all or any part of the sentence; and (2)(A) the judgment of conviction was reversed or vacated, and the indictment or information dismissed or, if a new trial was ordered, either the petitioner was found not guilty at the new trial or the petitioner was not retried and the indictment or information dismissed; or (B) the statute, or application thereof, on which the indictment or information was based violated the Constitution of the United States or the State of Illinois, the court shall enter an order for a certificate of innocence.

Senate Floor Amendment No. 1
Adds reference to:
20 ILCS 2630/5.2
735 ILCS 5/2-702

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Amends the Criminal Identification Act, the Unified Code of Corrections, and the Code of Civil Procedure. Provides that if a conviction has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the petitioner was factually innocent of the charge, the court shall enter an expungement order for the conviction for which the petitioner has been determined to be innocent. Provides that if the petitioner has been granted a certificate of innocence under the Code of Civil Procedure, the court that grants the certificate of innocence shall also enter an order expunging the conviction for which the petitioner has been determined to be innocent as provided in the Code of Civil Procedure. Provides that the court shall enter the expungement order regardless of whether the petitioner has prior criminal convictions. Provides that all records sealed by the Department of State Police may be disseminated by the Department only as required by law or to the arresting authority, the State's Attorney, the court upon a later arrest for the same or similar offense, or for the purpose of sentencing for any subsequent felony. Provides that upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual. Provides that upon entry of the order of expungement, the clerk of the circuit court shall promptly mail a copy of the order to the person whose records were expunged and sealed.

Actions 
DateChamber Action
  1/24/2013HouseFiled with the Clerk by Rep. Michael J. Madigan
  1/25/2013HouseFirst Reading
  1/25/2013HouseReferred to Rules Committee
  2/25/2013HouseAssigned to Executive Committee
  3/6/2013HouseDo Pass / Short Debate Executive Committee; 011-000-000
  3/6/2013HousePlaced on Calendar 2nd Reading - Short Debate
  4/12/2013HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Monique D. Davis
  4/12/2013HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/12/2013HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Monique D. Davis
  4/12/2013HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/15/2013HouseChief Sponsor Changed to Rep. Monique D. Davis
  4/15/2013HouseHouse Floor Amendment No. 1 Rules Refers to Restorative Justice Committee
  4/15/2013HouseAdded Chief Co-Sponsor Rep. Scott Drury
  4/15/2013HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  4/15/2013HouseAdded Chief Co-Sponsor Rep. Dennis M. Reboletti
  4/16/2013HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  4/17/2013HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Monique D. Davis
  4/17/2013HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/18/2013HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  4/18/2013HouseSecond Reading - Short Debate
  4/18/2013HouseHouse Floor Amendment No. 3 Adopted
  4/18/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/19/2013HouseThird Reading - Short Debate - Passed 106-000-000
  4/19/2013HouseHouse Floor Amendment No. 1 Tabled Pursuant to Rule 40
  4/19/2013HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40
  4/19/2013HouseAdded Co-Sponsor Rep. Derrick Smith
  4/19/2013HouseAdded Co-Sponsor Rep. Rita Mayfield
  4/19/2013HouseAdded Co-Sponsor Rep. Arthur Turner
  4/19/2013HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  4/19/2013HouseAdded Co-Sponsor Rep. Esther Golar
  4/19/2013SenateArrive in Senate
  4/19/2013SenatePlaced on Calendar Order of First Reading
  4/19/2013SenateChief Senate Sponsor Sen. John J. Cullerton
  4/19/2013SenateFirst Reading
  4/19/2013SenateReferred to Assignments
  4/24/2013SenateAssigned to Criminal Law
  4/25/2013SenateAlternate Chief Sponsor Changed to Sen. Kwame Raoul
  5/1/2013SenatePostponed - Criminal Law
  5/8/2013SenateDo Pass Criminal Law; 008-000-000
  5/8/2013SenatePlaced on Calendar Order of 2nd Reading May 9, 2013
  5/17/2013SenateSecond Reading
  5/17/2013SenatePlaced on Calendar Order of 3rd Reading May 20, 2013
  5/20/2013SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  5/20/2013SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/21/2013SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  5/22/2013SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 010-000-000
  5/22/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Dale A. Righter
  5/23/2013SenateRecalled to Second Reading
  5/23/2013SenateSenate Floor Amendment No. 1 Adopted; Raoul
  5/23/2013SenatePlaced on Calendar Order of 3rd Reading
  5/23/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/23/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Connelly
  5/23/2013SenateThird Reading - Passed; 057-000-000
  5/23/2013HouseArrived in House
  5/23/2013HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/24/2013HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Monique D. Davis
  5/24/2013HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/28/2013HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary
  5/28/2013HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary; 014-000-000
  5/29/2013HouseSenate Floor Amendment No. 1 House Concurs 117-000-000
  5/29/2013HouseHouse Concurs
  5/29/2013HousePassed Both Houses
  5/29/2013HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  5/29/2013HouseAdded Co-Sponsor Rep. Luis Arroyo
  6/19/2013HouseSent to the Governor
  8/2/2013HouseGovernor Approved
  8/2/2013HouseEffective Date January 1, 2014
  8/2/2013HousePublic Act . . . . . . . . . 98-0133

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