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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Identification Act is amended by | ||||||
5 | changing Section 5.2 as follows:
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6 | (20 ILCS 2630/5.2)
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7 | Sec. 5.2. Expungement and sealing. | ||||||
8 | (a) General Provisions. | ||||||
9 | (1) Definitions. In this Act, words and phrases have
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10 | the meanings set forth in this subsection, except when a
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11 | particular context clearly requires a different meaning. | ||||||
12 | (A) The following terms shall have the meanings | ||||||
13 | ascribed to them in the Unified Code of Corrections, | ||||||
14 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
15 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
16 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
17 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
18 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
19 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
20 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
21 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
22 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
23 | (ix) Offense (730 ILCS 5/5-1-15), |
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1 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
2 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
3 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
4 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
5 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
6 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
7 | (B) As used in this Section, "charge not initiated | ||||||
8 | by arrest" means a charge (as defined by 730 ILCS | ||||||
9 | 5/5-1-3) brought against a defendant where the | ||||||
10 | defendant is not arrested prior to or as a direct | ||||||
11 | result of the charge. | ||||||
12 | (C) "Conviction" means a judgment of conviction or | ||||||
13 | sentence entered upon a plea of guilty or upon a | ||||||
14 | verdict or finding of guilty of an offense, rendered by | ||||||
15 | a legally constituted jury or by a court of competent | ||||||
16 | jurisdiction authorized to try the case without a jury. | ||||||
17 | An order of supervision successfully completed by the | ||||||
18 | petitioner is not a conviction. An order of qualified | ||||||
19 | probation (as defined in subsection (a)(1)(J)) | ||||||
20 | successfully completed by the petitioner is not a | ||||||
21 | conviction. An order of supervision or an order of | ||||||
22 | qualified probation that is terminated | ||||||
23 | unsatisfactorily is a conviction, unless the | ||||||
24 | unsatisfactory termination is reversed, vacated, or | ||||||
25 | modified and the judgment of conviction, if any, is | ||||||
26 | reversed or vacated. |
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1 | (D) "Criminal offense" means a petty offense, | ||||||
2 | business offense, misdemeanor, felony, or municipal | ||||||
3 | ordinance violation (as defined in subsection | ||||||
4 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
5 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
6 | be considered a criminal offense. | ||||||
7 | (E) "Expunge" means to physically destroy the | ||||||
8 | records or return them to the petitioner and to | ||||||
9 | obliterate the petitioner's name from any official | ||||||
10 | index or public record, or both. Nothing in this Act | ||||||
11 | shall require the physical destruction of the circuit | ||||||
12 | court file, but such records relating to arrests or | ||||||
13 | charges, or both, ordered expunged shall be impounded | ||||||
14 | as required by subsections (d)(9)(A)(ii) and | ||||||
15 | (d)(9)(B)(ii). | ||||||
16 | (F) As used in this Section, "last sentence" means | ||||||
17 | the sentence, order of supervision, or order of | ||||||
18 | qualified probation (as defined by subsection | ||||||
19 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
20 | subsection (a)(1)(D)) that terminates last in time in | ||||||
21 | any jurisdiction, regardless of whether the petitioner | ||||||
22 | has included the criminal offense for which the | ||||||
23 | sentence or order of supervision or qualified | ||||||
24 | probation was imposed in his or her petition. If | ||||||
25 | multiple sentences, orders of supervision, or orders | ||||||
26 | of qualified probation terminate on the same day and |
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1 | are last in time, they shall be collectively considered | ||||||
2 | the "last sentence" regardless of whether they were | ||||||
3 | ordered to run concurrently. | ||||||
4 | (G) "Minor traffic offense" means a petty offense, | ||||||
5 | business offense, or Class C misdemeanor under the | ||||||
6 | Illinois Vehicle Code or a similar provision of a | ||||||
7 | municipal or local ordinance. | ||||||
8 | (H) "Municipal ordinance violation" means an | ||||||
9 | offense defined by a municipal or local ordinance that | ||||||
10 | is criminal in nature and with which the petitioner was | ||||||
11 | charged or for which the petitioner was arrested and | ||||||
12 | released without charging. | ||||||
13 | (I) "Petitioner" means an adult or a minor | ||||||
14 | prosecuted as an
adult who has applied for relief under | ||||||
15 | this Section. | ||||||
16 | (J) "Qualified probation" means an order of | ||||||
17 | probation under Section 10 of the Cannabis Control Act, | ||||||
18 | Section 410 of the Illinois Controlled Substances Act, | ||||||
19 | Section 70 of the Methamphetamine Control and | ||||||
20 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
21 | of the Unified Code of Corrections, Section | ||||||
22 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
23 | those provisions existed before their deletion by | ||||||
24 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
25 | Alcoholism and Other Drug Dependency Act, Section | ||||||
26 | 40-10 of the Alcoholism and Other Drug Abuse and |
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1 | Dependency Act, or Section 10 of the Steroid Control | ||||||
2 | Act. For the purpose of this Section, "successful | ||||||
3 | completion" of an order of qualified probation under | ||||||
4 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
5 | Drug Dependency Act and Section 40-10 of the Alcoholism | ||||||
6 | and Other Drug Abuse and Dependency Act means that the | ||||||
7 | probation was terminated satisfactorily and the | ||||||
8 | judgment of conviction was vacated. | ||||||
9 | (K) "Seal" means to physically and electronically | ||||||
10 | maintain the records, unless the records would | ||||||
11 | otherwise be destroyed due to age, but to make the | ||||||
12 | records unavailable without a court order, subject to | ||||||
13 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
14 | petitioner's name shall also be obliterated from the | ||||||
15 | official index required to be kept by the circuit court | ||||||
16 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
17 | any index issued by the circuit court clerk before the | ||||||
18 | entry of the order to seal shall not be affected. | ||||||
19 | (L) "Sexual offense committed against a minor" | ||||||
20 | includes but is
not limited to the offenses of indecent | ||||||
21 | solicitation of a child
or criminal sexual abuse when | ||||||
22 | the victim of such offense is
under 18 years of age. | ||||||
23 | (M) "Terminate" as it relates to a sentence or | ||||||
24 | order of supervision or qualified probation includes | ||||||
25 | either satisfactory or unsatisfactory termination of | ||||||
26 | the sentence, unless otherwise specified in this |
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1 | Section. | ||||||
2 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
3 | convictions for minor traffic offenses shall not affect a | ||||||
4 | petitioner's eligibility to expunge or seal records | ||||||
5 | pursuant to this Section. | ||||||
6 | (3) Exclusions. Except as otherwise provided in | ||||||
7 | subsections (b)(5), (b)(6), (e), and (e-5) of this Section, | ||||||
8 | the court shall not order: | ||||||
9 | (A) the sealing or expungement of the records of | ||||||
10 | arrests or charges not initiated by arrest that result | ||||||
11 | in an order of supervision for or conviction of:
(i) | ||||||
12 | any sexual offense committed against a
minor; (ii) | ||||||
13 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
14 | similar provision of a local ordinance; or (iii) | ||||||
15 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
16 | similar provision of a local ordinance, unless the | ||||||
17 | arrest or charge is for a misdemeanor violation of | ||||||
18 | subsection (a) of Section 11-503 or a similar provision | ||||||
19 | of a local ordinance, that occurred prior to the | ||||||
20 | offender reaching the age of 25 years and the offender | ||||||
21 | has no other conviction for violating Section 11-501 or | ||||||
22 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
23 | provision of a local ordinance. | ||||||
24 | (B) the sealing or expungement of records of minor | ||||||
25 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
26 | unless the petitioner was arrested and released |
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1 | without charging. | ||||||
2 | (C) the sealing of the records of arrests or | ||||||
3 | charges not initiated by arrest which result in an | ||||||
4 | order of supervision, an order of qualified probation | ||||||
5 | (as defined in subsection (a)(1)(J)), or a conviction | ||||||
6 | for the following offenses: | ||||||
7 | (i) offenses included in Article 11 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
9 | or a similar provision of a local ordinance, except | ||||||
10 | Section 11-14 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012, or a similar provision of a | ||||||
12 | local ordinance; | ||||||
13 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
14 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012, or a similar provision of a | ||||||
16 | local ordinance; | ||||||
17 | (iii) offenses defined as "crimes of violence" | ||||||
18 | in Section 2 of the Crime Victims Compensation Act | ||||||
19 | or a similar provision of a local ordinance; | ||||||
20 | (iv) offenses which are Class A misdemeanors | ||||||
21 | under the Humane Care for Animals Act; or | ||||||
22 | (v) any offense or attempted offense that | ||||||
23 | would subject a person to registration under the | ||||||
24 | Sex Offender Registration Act. | ||||||
25 | (D) the sealing of the records of an arrest which | ||||||
26 | results in
the petitioner being charged with a felony |
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1 | offense or records of a charge not initiated by arrest | ||||||
2 | for a felony offense unless: | ||||||
3 | (i) the charge is amended to a misdemeanor and | ||||||
4 | is otherwise
eligible to be sealed pursuant to | ||||||
5 | subsection (c); | ||||||
6 | (ii) the charge is brought along with another | ||||||
7 | charge as a part of one case and the charge results | ||||||
8 | in acquittal, dismissal, or conviction when the | ||||||
9 | conviction was reversed or vacated, and another | ||||||
10 | charge brought in the same case results in a | ||||||
11 | disposition for a misdemeanor offense that is | ||||||
12 | eligible to be sealed pursuant to subsection (c) or | ||||||
13 | a disposition listed in paragraph (i), (iii), or | ||||||
14 | (iv) of this subsection; | ||||||
15 | (iii) the charge results in first offender | ||||||
16 | probation as set forth in subsection (c)(2)(E); | ||||||
17 | (iv) the charge is for a Class 4 felony offense | ||||||
18 | listed in subsection (c)(2)(F) or the charge is | ||||||
19 | amended to a Class 4 felony offense listed in | ||||||
20 | subsection (c)(2)(F). Records of arrests which | ||||||
21 | result in the petitioner being charged with a Class | ||||||
22 | 4 felony offense listed in subsection (c)(2)(F), | ||||||
23 | records of charges not initiated by arrest for | ||||||
24 | Class 4 felony offenses listed in subsection | ||||||
25 | (c)(2)(F), and records of charges amended to a | ||||||
26 | Class 4 felony offense listed in (c)(2)(F) may be |
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1 | sealed, regardless of the disposition, subject to | ||||||
2 | any waiting periods set forth in subsection | ||||||
3 | (c)(3); | ||||||
4 | (v) the charge results in acquittal, | ||||||
5 | dismissal, or the petitioner's release without | ||||||
6 | conviction; or | ||||||
7 | (vi) the charge results in a conviction, but | ||||||
8 | the conviction was reversed or vacated. | ||||||
9 | (b) Expungement. | ||||||
10 | (1) A petitioner may petition the circuit court to | ||||||
11 | expunge the
records of his or her arrests and charges not | ||||||
12 | initiated by arrest when: | ||||||
13 | (A) He or she has never been convicted of a | ||||||
14 | criminal offense; and | ||||||
15 | (B) Each arrest or charge not initiated by arrest
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16 | sought to be expunged resulted in:
(i) acquittal, | ||||||
17 | dismissal, or the petitioner's release without | ||||||
18 | charging, unless excluded by subsection (a)(3)(B);
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19 | (ii) a conviction which was vacated or reversed, unless | ||||||
20 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
21 | supervision and such supervision was successfully | ||||||
22 | completed by the petitioner, unless excluded by | ||||||
23 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
24 | qualified probation (as defined in subsection | ||||||
25 | (a)(1)(J)) and such probation was successfully | ||||||
26 | completed by the petitioner. |
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1 | (2) Time frame for filing a petition to expunge. | ||||||
2 | (A) When the arrest or charge not initiated by | ||||||
3 | arrest sought to be expunged resulted in an acquittal, | ||||||
4 | dismissal, the petitioner's release without charging, | ||||||
5 | or the reversal or vacation of a conviction, there is | ||||||
6 | no waiting period to petition for the expungement of | ||||||
7 | such records. | ||||||
8 | (B) When the arrest or charge not initiated by | ||||||
9 | arrest
sought to be expunged resulted in an order of | ||||||
10 | supervision, successfully
completed by the petitioner, | ||||||
11 | the following time frames will apply: | ||||||
12 | (i) Those arrests or charges that resulted in | ||||||
13 | orders of
supervision under Section 3-707, 3-708, | ||||||
14 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
15 | similar provision of a local ordinance, or under | ||||||
16 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
18 | similar provision of a local ordinance, shall not | ||||||
19 | be eligible for expungement until 5 years have | ||||||
20 | passed following the satisfactory termination of | ||||||
21 | the supervision. | ||||||
22 | (i-5) Those arrests or charges that resulted | ||||||
23 | in orders of supervision for a misdemeanor | ||||||
24 | violation of subsection (a) of Section 11-503 of | ||||||
25 | the Illinois Vehicle Code or a similar provision of | ||||||
26 | a local ordinance, that occurred prior to the |
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1 | offender reaching the age of 25 years and the | ||||||
2 | offender has no other conviction for violating | ||||||
3 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
4 | Code or a similar provision of a local ordinance | ||||||
5 | shall not be eligible for expungement until the | ||||||
6 | petitioner has reached the age of 25 years. | ||||||
7 | (ii) Those arrests or charges that resulted in | ||||||
8 | orders
of supervision for any other offenses shall | ||||||
9 | not be
eligible for expungement until 2 years have | ||||||
10 | passed
following the satisfactory termination of | ||||||
11 | the supervision. | ||||||
12 | (C) When the arrest or charge not initiated by | ||||||
13 | arrest sought to
be expunged resulted in an order of | ||||||
14 | qualified probation, successfully
completed by the | ||||||
15 | petitioner, such records shall not be eligible for
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16 | expungement until 5 years have passed following the | ||||||
17 | satisfactory
termination of the probation. | ||||||
18 | (3) Those records maintained by the Department for
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19 | persons arrested prior to their 17th birthday shall be
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20 | expunged as provided in Section 5-915 of the Juvenile Court
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21 | Act of 1987. | ||||||
22 | (4) Whenever a person has been arrested for or | ||||||
23 | convicted of any
offense, in the name of a person whose | ||||||
24 | identity he or she has stolen or otherwise
come into | ||||||
25 | possession of, the aggrieved person from whom the identity
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26 | was stolen or otherwise obtained without authorization,
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1 | upon learning of the person having been arrested using his
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2 | or her identity, may, upon verified petition to the chief | ||||||
3 | judge of
the circuit wherein the arrest was made, have a | ||||||
4 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
5 | correct the
arrest record, conviction record, if any, and | ||||||
6 | all official
records of the arresting authority, the | ||||||
7 | Department, other
criminal justice agencies, the | ||||||
8 | prosecutor, and the trial
court concerning such arrest, if | ||||||
9 | any, by removing his or her name
from all such records in | ||||||
10 | connection with the arrest and
conviction, if any, and by | ||||||
11 | inserting in the records the
name of the offender, if known | ||||||
12 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
13 | records of the circuit court clerk shall be sealed until | ||||||
14 | further order of
the court upon good cause shown and the | ||||||
15 | name of the
aggrieved person obliterated on the official | ||||||
16 | index
required to be kept by the circuit court clerk under
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17 | Section 16 of the Clerks of Courts Act, but the order shall
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18 | not affect any index issued by the circuit court clerk
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19 | before the entry of the order. Nothing in this Section
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20 | shall limit the Department of State Police or other
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21 | criminal justice agencies or prosecutors from listing
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22 | under an offender's name the false names he or she has
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23 | used. | ||||||
24 | (5) Whenever a person has been convicted of criminal
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25 | sexual assault, aggravated criminal sexual assault,
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26 | predatory criminal sexual assault of a child, criminal
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1 | sexual abuse, or aggravated criminal sexual abuse, the
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2 | victim of that offense may request that the State's
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3 | Attorney of the county in which the conviction occurred
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4 | file a verified petition with the presiding trial judge at
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5 | the petitioner's trial to have a court order entered to | ||||||
6 | seal
the records of the circuit court clerk in connection
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7 | with the proceedings of the trial court concerning that
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8 | offense. However, the records of the arresting authority
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9 | and the Department of State Police concerning the offense
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10 | shall not be sealed. The court, upon good cause shown,
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11 | shall make the records of the circuit court clerk in
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12 | connection with the proceedings of the trial court
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13 | concerning the offense available for public inspection. | ||||||
14 | (6) If a conviction has been set aside on direct review
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15 | or on collateral attack and the court determines by clear
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16 | and convincing evidence that the petitioner was factually
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17 | innocent of the charge, the court shall enter an
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18 | expungement order as provided in subsection (b) of Section
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19 | 5-5-4 of the Unified Code of Corrections. | ||||||
20 | (7) Nothing in this Section shall prevent the | ||||||
21 | Department of
State Police from maintaining all records of | ||||||
22 | any person who
is admitted to probation upon terms and | ||||||
23 | conditions and who
fulfills those terms and conditions | ||||||
24 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
25 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
26 | of the
Methamphetamine Control and Community Protection |
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1 | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
2 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
3 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
5 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
6 | the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||||||
7 | Section 10 of the Steroid Control Act. | ||||||
8 | (c) Sealing. | ||||||
9 | (1) Applicability. Notwithstanding any other provision | ||||||
10 | of this Act to the contrary, and cumulative with any rights | ||||||
11 | to expungement of criminal records, this subsection | ||||||
12 | authorizes the sealing of criminal records of adults and of | ||||||
13 | minors prosecuted as adults. | ||||||
14 | (2) Eligible Records. The following records may be | ||||||
15 | sealed: | ||||||
16 | (A) All arrests resulting in release without | ||||||
17 | charging; | ||||||
18 | (B) Arrests or charges not initiated by arrest | ||||||
19 | resulting in acquittal, dismissal, or conviction when | ||||||
20 | the conviction was reversed or vacated, except as | ||||||
21 | excluded by subsection (a)(3)(B); | ||||||
22 | (C) Arrests or charges not initiated by arrest | ||||||
23 | resulting in orders of supervision successfully | ||||||
24 | completed by the petitioner, unless excluded by | ||||||
25 | subsection (a)(3); | ||||||
26 | (D) Arrests or charges not initiated by arrest |
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| |||||||
1 | resulting in convictions unless excluded by subsection | ||||||
2 | (a)(3); | ||||||
3 | (E) Arrests or charges not initiated by arrest | ||||||
4 | resulting in orders of first offender probation under | ||||||
5 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
6 | the Illinois Controlled Substances Act, Section 70 of | ||||||
7 | the Methamphetamine Control and Community Protection | ||||||
8 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
9 | Corrections; and | ||||||
10 | (F) Arrests or charges not initiated by arrest | ||||||
11 | resulting in Class 4 felony convictions for the | ||||||
12 | following offenses: | ||||||
13 | (i) Section 11-14 of the Criminal Code of 1961 | ||||||
14 | or the Criminal Code of 2012; | ||||||
15 | (ii) Section 4 of the Cannabis Control Act; | ||||||
16 | (iii) Section 402 of the Illinois Controlled | ||||||
17 | Substances Act; | ||||||
18 | (iv) the Methamphetamine Precursor Control | ||||||
19 | Act; and | ||||||
20 | (v) the Steroid Control Act. | ||||||
21 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
22 | identified as eligible under subsection (c)(2) may be | ||||||
23 | sealed as follows: | ||||||
24 | (A) Records identified as eligible under | ||||||
25 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
26 | time. |
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1 | (B) Records identified as eligible under | ||||||
2 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
3 | the termination of petitioner's last sentence (as | ||||||
4 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
5 | never been convicted of a criminal offense (as defined | ||||||
6 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
7 | termination of the petitioner's last sentence (as | ||||||
8 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
9 | ever been convicted of a criminal offense (as defined | ||||||
10 | in subsection (a)(1)(D)). | ||||||
11 | (C) Records identified as eligible under | ||||||
12 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||||||
13 | sealed 4 years after the termination of the | ||||||
14 | petitioner's last sentence (as defined in subsection | ||||||
15 | (a)(1)(F)). | ||||||
16 | (D) Records identified in subsection | ||||||
17 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
18 | reached the age of 25 years. | ||||||
19 | (4) Subsequent felony convictions. A person may not | ||||||
20 | have
subsequent felony conviction records sealed as | ||||||
21 | provided in this subsection
(c) if he or she is convicted | ||||||
22 | of any felony offense after the date of the
sealing of | ||||||
23 | prior felony convictions as provided in this subsection | ||||||
24 | (c). The court may, upon conviction for a subsequent felony | ||||||
25 | offense, order the unsealing of prior felony conviction | ||||||
26 | records previously ordered sealed by the court. |
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1 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
2 | disposition for an eligible record under this subsection | ||||||
3 | (c), the petitioner shall be informed by the court of the | ||||||
4 | right to have the records sealed and the procedures for the | ||||||
5 | sealing of the records. | ||||||
6 | (d) Procedure. The following procedures apply to | ||||||
7 | expungement under subsections (b) and (e), and sealing under | ||||||
8 | subsections (c) and (e-5): | ||||||
9 | (1) Filing the petition. Upon becoming eligible to | ||||||
10 | petition for
the expungement or sealing of records under | ||||||
11 | this Section, the petitioner shall file a petition | ||||||
12 | requesting the expungement
or sealing of records with the | ||||||
13 | clerk of the court where the arrests occurred or the | ||||||
14 | charges were brought, or both. If arrests occurred or | ||||||
15 | charges were brought in multiple jurisdictions, a petition | ||||||
16 | must be filed in each such jurisdiction. The petitioner | ||||||
17 | shall pay the applicable fee, if not waived. | ||||||
18 | (2) Contents of petition. The petition shall be
| ||||||
19 | verified and shall contain the petitioner's name, date of
| ||||||
20 | birth, current address and, for each arrest or charge not | ||||||
21 | initiated by
arrest sought to be sealed or expunged, the | ||||||
22 | case number, the date of
arrest (if any), the identity of | ||||||
23 | the arresting authority, and such
other information as the | ||||||
24 | court may require. During the pendency
of the proceeding, | ||||||
25 | the petitioner shall promptly notify the
circuit court | ||||||
26 | clerk of any change of his or her address. If the |
| |||||||
| |||||||
1 | petitioner has received a certificate of eligibility for | ||||||
2 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
3 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
4 | Corrections, the certificate shall be attached to the | ||||||
5 | petition. | ||||||
6 | (3) Drug test. The petitioner must attach to the | ||||||
7 | petition proof that the petitioner has passed a test taken | ||||||
8 | within 30 days before the filing of the petition showing | ||||||
9 | the absence within his or her body of all illegal | ||||||
10 | substances as defined by the Illinois Controlled | ||||||
11 | Substances Act, the Methamphetamine Control and Community | ||||||
12 | Protection Act, and the Cannabis Control Act if he or she | ||||||
13 | is petitioning to seal felony records pursuant to clause | ||||||
14 | (c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is | ||||||
15 | petitioning to expunge felony records of a qualified | ||||||
16 | probation pursuant to clause (b)(1)(B)(iv). | ||||||
17 | (4) Service of petition. The circuit court clerk shall | ||||||
18 | promptly
serve a copy of the petition on the State's | ||||||
19 | Attorney or
prosecutor charged with the duty of prosecuting | ||||||
20 | the
offense, the Department of State Police, the arresting
| ||||||
21 | agency and the chief legal officer of the unit of local
| ||||||
22 | government effecting the arrest. | ||||||
23 | (5) Objections. | ||||||
24 | (A) Any party entitled to notice of the petition | ||||||
25 | may file an objection to the petition. All objections | ||||||
26 | shall be in writing, shall be filed with the circuit |
| |||||||
| |||||||
1 | court clerk, and shall state with specificity the basis | ||||||
2 | of the objection. | ||||||
3 | (B) Objections to a petition to expunge or seal | ||||||
4 | must be filed within 60 days of the date of service of | ||||||
5 | the petition. | ||||||
6 | (6) Entry of order. | ||||||
7 | (A) The Chief Judge of the circuit wherein the | ||||||
8 | charge was brought, any judge of that circuit | ||||||
9 | designated by the Chief Judge, or in counties of less | ||||||
10 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
11 | at the petitioner's trial, if any, shall rule on the | ||||||
12 | petition to expunge or seal as set forth in this | ||||||
13 | subsection (d)(6). | ||||||
14 | (B) Unless the State's Attorney or prosecutor, the | ||||||
15 | Department of
State Police, the arresting agency, or | ||||||
16 | the chief legal officer
files an objection to the | ||||||
17 | petition to expunge or seal within 60 days from the | ||||||
18 | date of service of the petition, the court shall enter | ||||||
19 | an order granting or denying the petition. | ||||||
20 | (7) Hearings. If an objection is filed, the court shall | ||||||
21 | set a date for a hearing and notify the petitioner and all | ||||||
22 | parties entitled to notice of the petition of the hearing | ||||||
23 | date at least 30 days prior to the hearing, and shall hear | ||||||
24 | evidence on whether the petition should or should not be | ||||||
25 | granted, and shall grant or deny the petition to expunge or | ||||||
26 | seal the records based on the evidence presented at the |
| |||||||
| |||||||
1 | hearing. | ||||||
2 | (8) Service of order. After entering an order to | ||||||
3 | expunge or
seal records, the court must provide copies of | ||||||
4 | the order to the
Department, in a form and manner | ||||||
5 | prescribed by the Department,
to the petitioner, to the | ||||||
6 | State's Attorney or prosecutor
charged with the duty of | ||||||
7 | prosecuting the offense, to the
arresting agency, to the | ||||||
8 | chief legal officer of the unit of
local government | ||||||
9 | effecting the arrest, and to such other
criminal justice | ||||||
10 | agencies as may be ordered by the court. | ||||||
11 | (9) Effect of order. | ||||||
12 | (A) Upon entry of an order to expunge records | ||||||
13 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
14 | (i) the records shall be expunged (as defined | ||||||
15 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
16 | the Department, and any other agency as ordered by | ||||||
17 | the court, within 60 days of the date of service of | ||||||
18 | the order, unless a motion to vacate, modify, or | ||||||
19 | reconsider the order is filed pursuant to | ||||||
20 | paragraph (12) of subsection (d) of this Section; | ||||||
21 | (ii) the records of the circuit court clerk | ||||||
22 | shall be impounded until further order of the court | ||||||
23 | upon good cause shown and the name of the | ||||||
24 | petitioner obliterated on the official index | ||||||
25 | required to be kept by the circuit court clerk | ||||||
26 | under Section 16 of the Clerks of Courts Act, but |
| |||||||
| |||||||
1 | the order shall not affect any index issued by the | ||||||
2 | circuit court clerk before the entry of the order; | ||||||
3 | and | ||||||
4 | (iii) in response to an inquiry for expunged | ||||||
5 | records, the court, the Department, or the agency | ||||||
6 | receiving such inquiry, shall reply as it does in | ||||||
7 | response to inquiries when no records ever | ||||||
8 | existed. | ||||||
9 | (B) Upon entry of an order to expunge records | ||||||
10 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
11 | (i) the records shall be expunged (as defined | ||||||
12 | in subsection (a)(1)(E)) by the arresting agency | ||||||
13 | and any other agency as ordered by the court, | ||||||
14 | within 60 days of the date of service of the order, | ||||||
15 | unless a motion to vacate, modify, or reconsider | ||||||
16 | the order is filed pursuant to paragraph (12) of | ||||||
17 | subsection (d) of this Section; | ||||||
18 | (ii) the records of the circuit court clerk | ||||||
19 | shall be impounded until further order of the court | ||||||
20 | upon good cause shown and the name of the | ||||||
21 | petitioner obliterated on the official index | ||||||
22 | required to be kept by the circuit court clerk | ||||||
23 | under Section 16 of the Clerks of Courts Act, but | ||||||
24 | the order shall not affect any index issued by the | ||||||
25 | circuit court clerk before the entry of the order; | ||||||
26 | (iii) the records shall be impounded by the
|
| |||||||
| |||||||
1 | Department within 60 days of the date of service of | ||||||
2 | the order as ordered by the court, unless a motion | ||||||
3 | to vacate, modify, or reconsider the order is filed | ||||||
4 | pursuant to paragraph (12) of subsection (d) of | ||||||
5 | this Section; | ||||||
6 | (iv) records impounded by the Department may | ||||||
7 | be disseminated by the Department only as required | ||||||
8 | by law or to the arresting authority, the State's | ||||||
9 | Attorney, and the court upon a later arrest for the | ||||||
10 | same or a similar offense or for the purpose of | ||||||
11 | sentencing for any subsequent felony, and to the | ||||||
12 | Department of Corrections upon conviction for any | ||||||
13 | offense; and | ||||||
14 | (v) in response to an inquiry for such records | ||||||
15 | from anyone not authorized by law to access such | ||||||
16 | records the court, the Department, or the agency | ||||||
17 | receiving such inquiry shall reply as it does in | ||||||
18 | response to inquiries when no records ever | ||||||
19 | existed. | ||||||
20 | (C) Upon entry of an order to seal records under | ||||||
21 | subsection
(c), the arresting agency, any other agency | ||||||
22 | as ordered by the court, the Department, and the court | ||||||
23 | shall seal the records (as defined in subsection | ||||||
24 | (a)(1)(K)). In response to an inquiry for such records | ||||||
25 | from anyone not authorized by law to access such | ||||||
26 | records the court, the Department, or the agency |
| |||||||
| |||||||
1 | receiving such inquiry shall reply as it does in | ||||||
2 | response to inquiries when no records ever existed. | ||||||
3 | (10) Fees. The Department may charge the petitioner a | ||||||
4 | fee equivalent to the cost of processing any order to | ||||||
5 | expunge or seal records. Notwithstanding any provision of | ||||||
6 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
7 | clerk may charge a fee equivalent to the cost associated | ||||||
8 | with the sealing or expungement of records by the circuit | ||||||
9 | court clerk. From the total filing fee collected for the | ||||||
10 | petition to seal or expunge, the circuit court clerk shall | ||||||
11 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
12 | Administrative Fund, to be used to offset the costs | ||||||
13 | incurred by the circuit court clerk in performing the | ||||||
14 | additional duties required to serve the petition to seal or | ||||||
15 | expunge on all parties. The circuit court clerk shall | ||||||
16 | collect and forward the Department of State Police portion | ||||||
17 | of the fee to the Department and it shall be deposited in | ||||||
18 | the State Police Services Fund. | ||||||
19 | (11) Final Order. No court order issued under the | ||||||
20 | expungement or sealing provisions of this Section shall | ||||||
21 | become final for purposes of appeal until 30 days after | ||||||
22 | service of the order on the petitioner and all parties | ||||||
23 | entitled to notice of the petition. | ||||||
24 | (12) Motion to Vacate, Modify, or Reconsider. The | ||||||
25 | petitioner or any party entitled to notice may file a | ||||||
26 | motion to vacate, modify, or reconsider the order granting |
| |||||||
| |||||||
1 | or denying the petition to expunge or seal within 60 days | ||||||
2 | of service of the order. | ||||||
3 | (e) Whenever a person who has been convicted of an offense | ||||||
4 | is granted
a pardon by the Governor which specifically | ||||||
5 | authorizes expungement, he or she may,
upon verified petition | ||||||
6 | to the Chief Judge of the circuit where the person had
been | ||||||
7 | convicted, any judge of the circuit designated by the Chief | ||||||
8 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
9 | presiding trial judge at the
defendant's trial, have a court | ||||||
10 | order entered expunging the record of
arrest from the official | ||||||
11 | records of the arresting authority and order that the
records | ||||||
12 | of the circuit court clerk and the Department be sealed until
| ||||||
13 | further order of the court upon good cause shown or as | ||||||
14 | otherwise provided
herein, and the name of the defendant | ||||||
15 | obliterated from the official index
requested to be kept by the | ||||||
16 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
17 | Act in connection with the arrest and conviction for the | ||||||
18 | offense for
which he or she had been pardoned but the order | ||||||
19 | shall not affect any index issued by
the circuit court clerk | ||||||
20 | before the entry of the order. All records sealed by
the | ||||||
21 | Department may be disseminated by the Department only to the | ||||||
22 | arresting authority, the State's Attorney, and the court upon a | ||||||
23 | later
arrest for the same or similar offense or for the purpose | ||||||
24 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
25 | any subsequent offense, the Department
of Corrections shall | ||||||
26 | have access to all sealed records of the Department
pertaining |
| |||||||
| |||||||
1 | to that individual. Upon entry of the order of expungement, the
| ||||||
2 | circuit court clerk shall promptly mail a copy of the order to | ||||||
3 | the
person who was pardoned. | ||||||
4 | (e-5) Whenever a person who has been convicted of an | ||||||
5 | offense is granted a certificate of eligibility for sealing by | ||||||
6 | the Prisoner Review Board which specifically authorizes | ||||||
7 | sealing, he or she may, upon verified petition to the Chief | ||||||
8 | Judge of the circuit where the person had been convicted, any | ||||||
9 | judge of the circuit designated by the Chief Judge, or in | ||||||
10 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
11 | trial judge at the petitioner's trial, have a court order | ||||||
12 | entered sealing the record of arrest from the official records | ||||||
13 | of the arresting authority and order that the records of the | ||||||
14 | circuit court clerk and the Department be sealed until further | ||||||
15 | order of the court upon good cause shown or as otherwise | ||||||
16 | provided herein, and the name of the petitioner obliterated | ||||||
17 | from the official index requested to be kept by the circuit | ||||||
18 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
19 | connection with the arrest and conviction for the offense for | ||||||
20 | which he or she had been granted the certificate but the order | ||||||
21 | shall not affect any index issued by the circuit court clerk | ||||||
22 | before the entry of the order. All records sealed by the | ||||||
23 | Department may be disseminated by the Department only as | ||||||
24 | required by this Act or to the arresting authority, a law | ||||||
25 | enforcement agency, the State's Attorney, and the court upon a | ||||||
26 | later arrest for the same or similar offense or for the purpose |
| |||||||
| |||||||
1 | of sentencing for any subsequent felony. Upon conviction for | ||||||
2 | any subsequent offense, the Department of Corrections shall | ||||||
3 | have access to all sealed records of the Department pertaining | ||||||
4 | to that individual. Upon entry of the order of sealing, the | ||||||
5 | circuit court clerk shall promptly mail a copy of the order to | ||||||
6 | the person who was granted the certificate of eligibility for | ||||||
7 | sealing. | ||||||
8 | (f) Subject to available funding, the Illinois Department
| ||||||
9 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
10 | especially on employment and recidivism rates, utilizing a
| ||||||
11 | random sample of those who apply for the sealing of their
| ||||||
12 | criminal records under Public Act 93-211. At the request of the
| ||||||
13 | Illinois Department of Corrections, records of the Illinois
| ||||||
14 | Department of Employment Security shall be utilized as
| ||||||
15 | appropriate to assist in the study. The study shall not
| ||||||
16 | disclose any data in a manner that would allow the
| ||||||
17 | identification of any particular individual or employing unit.
| ||||||
18 | The study shall be made available to the General Assembly no
| ||||||
19 | later than September 1, 2010.
| ||||||
20 | (Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | ||||||
21 | 96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. | ||||||
22 | 7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, | ||||||
23 | eff. 8-19-11; 97-698, eff. 1-1-13; 97-1026, eff. 1-1-13; | ||||||
24 | 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1118, eff. | ||||||
25 | 1-1-13; 97-1120, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
| |||||||
| |||||||
1 | Section 10. The Criminal Code of 2012 is amended by | ||||||
2 | changing Section 11-14 as follows: | ||||||
3 | (720 ILCS 5/11-14) (from Ch. 38, par. 11-14) | ||||||
4 | Sec. 11-14. Prostitution. | ||||||
5 | (a) Any person who knowingly performs, offers or agrees
to | ||||||
6 | perform any act of sexual penetration as defined in Section | ||||||
7 | 11-0.1 of
this Code for anything
of value, or any touching or | ||||||
8 | fondling
of the sex organs of one person by another person, for
| ||||||
9 | anything of value, for the purpose of sexual arousal or | ||||||
10 | gratification commits
an act of prostitution. | ||||||
11 | (b) Sentence. | ||||||
12 | A violation of this Section is a Class A misdemeanor, | ||||||
13 | unless committed within 1,000 feet of real property comprising | ||||||
14 | a school, in which case it is a Class 4 felony. A second or | ||||||
15 | subsequent violation of this Section, or any combination of | ||||||
16 | convictions under this Section and Section 11-14.1 | ||||||
17 | (solicitation of a sexual act), 11-14.3 (promoting | ||||||
18 | prostitution), 11-14.4 (promoting juvenile prostitution), | ||||||
19 | 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a | ||||||
20 | juvenile prostitute), 11-16 (pandering), 11-17 (keeping a | ||||||
21 | place of prostitution), 11-17.1 (keeping a place of juvenile | ||||||
22 | prostitution), 11-18 (patronizing a prostitute), 11-18.1 | ||||||
23 | (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 | ||||||
24 | (juvenile pimping or aggravated juvenile pimping), or 11-19.2 | ||||||
25 | (exploitation of a child), is a Class 4 felony. |
| |||||||
| |||||||
1 | (c) First offender; felony prostitution. | ||||||
2 | (1) Whenever any person who has not previously been | ||||||
3 | convicted
of or placed on probation for felony prostitution | ||||||
4 | or any law of the United States or of any other state | ||||||
5 | relating to felony prostitution pleads guilty to or is | ||||||
6 | found guilty of felony prostitution, the court, without | ||||||
7 | entering a judgment and with the consent of such
person, | ||||||
8 | may sentence the person to probation. | ||||||
9 | (2) When a person is placed on probation, the court | ||||||
10 | shall enter an order
specifying a period of probation of 24 | ||||||
11 | months and shall defer further
proceedings in the case | ||||||
12 | until the conclusion of the period or until the
filing of a | ||||||
13 | petition alleging violation of a term or condition of | ||||||
14 | probation. | ||||||
15 | (3) The conditions of probation shall be that the | ||||||
16 | person: (i) not
violate any criminal statute of any | ||||||
17 | jurisdiction; (ii) refrain from
possessing a firearm or | ||||||
18 | other dangerous weapon; (iii) submit to periodic drug
| ||||||
19 | testing at a time and in a manner as ordered by the court, | ||||||
20 | but no less than 3
times during the period of the | ||||||
21 | probation, with the cost of the testing to be
paid by the | ||||||
22 | probationer; and (iv) perform no less than 30 hours of | ||||||
23 | community
service, provided community service is available | ||||||
24 | in the jurisdiction and is
funded
and approved by the | ||||||
25 | county board. | ||||||
26 | (4) The court may, in addition to other conditions, |
| |||||||
| |||||||
1 | require that the person:
| ||||||
2 | (A) make a report to and appear in person before or | ||||||
3 | participate with the
court or such courts, person, or | ||||||
4 | social service agency as directed by the
court in the | ||||||
5 | order of probation; | ||||||
6 | (B) pay a fine and costs; | ||||||
7 | (C) work or pursue a course of study or vocational
| ||||||
8 | training; | ||||||
9 | (D) undergo medical or psychiatric treatment; or | ||||||
10 | treatment or
rehabilitation by a provider approved by | ||||||
11 | the Illinois Department of Human Services; | ||||||
12 | (E) attend or reside in a facility established for | ||||||
13 | the instruction or
residence of defendants on | ||||||
14 | probation; | ||||||
15 | (F) support his or her dependents;
| ||||||
16 | (G) refrain from having in his or her body the | ||||||
17 | presence of any illicit
drug prohibited by the Cannabis | ||||||
18 | Control Act or the Illinois Controlled
Substances Act, | ||||||
19 | unless prescribed by a physician, and submit samples of
| ||||||
20 | his or her blood or urine or both for tests to | ||||||
21 | determine the presence of any
illicit drug. | ||||||
22 | (5) Upon violation of a term or condition of probation, | ||||||
23 | the court
may enter a judgment on its original finding of | ||||||
24 | guilt and proceed as
otherwise provided. | ||||||
25 | (6) Upon fulfillment of the terms and conditions of | ||||||
26 | probation, the court
shall discharge the person and dismiss |
| |||||||
| |||||||
1 | the proceedings against him or her.
| ||||||
2 | (7) A disposition of probation is considered to be a | ||||||
3 | conviction
for the purposes of imposing the conditions of | ||||||
4 | probation and for appeal,
however, discharge and dismissal | ||||||
5 | under this subsection is not a conviction for
purposes of | ||||||
6 | this Code or for purposes of disqualifications or | ||||||
7 | disabilities
imposed by law upon conviction of a crime. | ||||||
8 | (8) There may be only one discharge and dismissal under | ||||||
9 | this Section, Section 410 of the Illinois Controlled | ||||||
10 | Substances Act, Section 70 of the Methamphetamine Control | ||||||
11 | and Community Protection Act, Section 10 of the Cannabis | ||||||
12 | Control Act, or Section 5-6-3.3 or 5-6-3.4 of the Unified | ||||||
13 | Code of Corrections. | ||||||
14 | (9) If a person is convicted of prostitution within 5 | ||||||
15 | years
subsequent to a discharge and dismissal under this | ||||||
16 | subsection, the discharge and
dismissal under this | ||||||
17 | subsection shall be admissible in the sentencing | ||||||
18 | proceeding
for that conviction
as evidence in aggravation. | ||||||
19 | (d) Notwithstanding the foregoing, if it is determined, | ||||||
20 | after a reasonable detention for investigative purposes, that a | ||||||
21 | person suspected of or charged with a violation of this Section | ||||||
22 | is a person under the age of 18, that person shall be immune | ||||||
23 | from prosecution for a prostitution offense under this Section, | ||||||
24 | and shall be subject to the temporary protective custody | ||||||
25 | provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of | ||||||
26 | 1987. Pursuant to the provisions of Section 2-6 of the Juvenile |
| |||||||
| |||||||
1 | Court Act of 1987, a law enforcement officer who takes a person | ||||||
2 | under 18 years of age into custody under this Section shall | ||||||
3 | immediately report an allegation of a violation of Section 10-9 | ||||||
4 | of this Code to the Illinois Department of Children and Family | ||||||
5 | Services State Central Register, which shall commence an | ||||||
6 | initial investigation into child abuse or child neglect within | ||||||
7 | 24 hours pursuant to Section 7.4 of the Abused and Neglected | ||||||
8 | Child Reporting Act. | ||||||
9 | (Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; | ||||||
10 | 97-1118, eff. 1-1-13.) | ||||||
11 | Section 15. The Cannabis Control Act is amended by changing | ||||||
12 | Section 10 as follows:
| ||||||
13 | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| ||||||
14 | Sec. 10. (a)
Whenever any person who has not previously | ||||||
15 | been convicted of, or placed
on probation or court supervision | ||||||
16 | for, any offense under this Act or any
law of the United States | ||||||
17 | or of any State relating to cannabis, or controlled
substances | ||||||
18 | as defined in the Illinois Controlled Substances Act, pleads
| ||||||
19 | guilty to or is found guilty of violating Sections 4(a), 4(b), | ||||||
20 | 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without | ||||||
21 | entering a
judgment and with the consent of such person, | ||||||
22 | sentence him to probation.
| ||||||
23 | (b) When a person is placed on probation, the court shall | ||||||
24 | enter an order
specifying a period of probation of 24 months, |
| |||||||
| |||||||
1 | and shall defer further
proceedings in
the case until the | ||||||
2 | conclusion of the period or until the filing of a petition
| ||||||
3 | alleging violation of a term or condition of probation.
| ||||||
4 | (c) The conditions of probation shall be that the person: | ||||||
5 | (1) not violate
any criminal statute of any jurisdiction; (2) | ||||||
6 | refrain from possession of a
firearm
or other dangerous weapon; | ||||||
7 | (3) submit to periodic drug testing at a time and in
a manner | ||||||
8 | as ordered by the court, but no less than 3 times during the | ||||||
9 | period of
the probation, with the cost of the testing to be | ||||||
10 | paid by the probationer; and
(4) perform no less than 30 hours | ||||||
11 | of community service, provided community
service is available | ||||||
12 | in the jurisdiction and is funded and approved by the
county | ||||||
13 | board.
| ||||||
14 | (d) The court may, in addition to other conditions, require
| ||||||
15 | that the person:
| ||||||
16 | (1) make a report to and appear in person before or | ||||||
17 | participate with the
court or such courts, person, or | ||||||
18 | social service agency as directed by the
court in the order | ||||||
19 | of probation;
| ||||||
20 | (2) pay a fine and costs;
| ||||||
21 | (3) work or pursue a course of study or vocational | ||||||
22 | training;
| ||||||
23 | (4) undergo medical or psychiatric treatment; or | ||||||
24 | treatment for drug
addiction or alcoholism;
| ||||||
25 | (5) attend or reside in a facility established for the | ||||||
26 | instruction or
residence of defendants on probation;
|
| |||||||
| |||||||
1 | (6) support his dependents;
| ||||||
2 | (7) refrain from possessing a firearm or other | ||||||
3 | dangerous weapon;
| ||||||
4 | (7-5) refrain from having in his or her body the | ||||||
5 | presence of any illicit
drug prohibited by the Cannabis | ||||||
6 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
7 | Methamphetamine Control and Community Protection Act, | ||||||
8 | unless prescribed by a physician, and submit samples of
his | ||||||
9 | or her blood or urine or both for tests to determine the | ||||||
10 | presence of any
illicit drug;
| ||||||
11 | (8) and in addition, if a minor:
| ||||||
12 | (i) reside with his parents or in a foster home;
| ||||||
13 | (ii) attend school;
| ||||||
14 | (iii) attend a non-residential program for youth;
| ||||||
15 | (iv) contribute to his own support at home or in a | ||||||
16 | foster home.
| ||||||
17 | (e) Upon violation of a term or condition of probation, the
| ||||||
18 | court
may enter a judgment on its original finding of guilt and | ||||||
19 | proceed as otherwise
provided.
| ||||||
20 | (f) Upon fulfillment of the terms and
conditions of | ||||||
21 | probation, the court shall discharge such person and dismiss
| ||||||
22 | the proceedings against him.
| ||||||
23 | (g) A disposition of probation is considered to be a | ||||||
24 | conviction
for the purposes of imposing the conditions of | ||||||
25 | probation and for appeal,
however, discharge and dismissal | ||||||
26 | under this Section is not a conviction for
purposes of |
| |||||||
| |||||||
1 | disqualification or disabilities imposed by law upon | ||||||
2 | conviction of
a crime (including the additional penalty imposed | ||||||
3 | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | ||||||
4 | of this Act).
| ||||||
5 | (h) Discharge and dismissal under this Section,
Section 410 | ||||||
6 | of the Illinois Controlled Substances Act, Section 70 of the | ||||||
7 | Methamphetamine Control and Community Protection Act, Section | ||||||
8 | 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or | ||||||
9 | subsection (c) of Section 11-14 of the Criminal Code of 1961 or | ||||||
10 | the Criminal Code of 2012 may occur only once
with respect to | ||||||
11 | any person.
| ||||||
12 | (i) If a person is convicted of an offense under this Act, | ||||||
13 | the Illinois
Controlled Substances Act, or the Methamphetamine | ||||||
14 | Control and Community Protection Act within 5 years
subsequent | ||||||
15 | to a discharge and dismissal under this Section, the discharge | ||||||
16 | and
dismissal under this Section shall be admissible in the | ||||||
17 | sentencing proceeding
for that conviction
as a factor in | ||||||
18 | aggravation.
| ||||||
19 | (Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
20 | Section 20. The Illinois Controlled Substances Act is | ||||||
21 | amended by changing Section 410 as follows:
| ||||||
22 | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| ||||||
23 | Sec. 410. (a) Whenever any person who has not previously | ||||||
24 | been convicted
of, or placed on probation or court supervision |
| |||||||
| |||||||
1 | for any offense under this
Act or any law of the United States | ||||||
2 | or of any State relating to cannabis
or controlled substances, | ||||||
3 | pleads guilty to or is found guilty of possession
of a | ||||||
4 | controlled or counterfeit substance under subsection (c) of | ||||||
5 | Section
402 or of unauthorized possession of prescription form | ||||||
6 | under Section 406.2, the court, without entering a judgment and | ||||||
7 | with the consent of such
person, may sentence him or her to | ||||||
8 | probation.
| ||||||
9 | (b) When a person is placed on probation, the court shall | ||||||
10 | enter an order
specifying a period of probation of 24 months | ||||||
11 | and shall defer further
proceedings in the case until the | ||||||
12 | conclusion of the period or until the
filing of a petition | ||||||
13 | alleging violation of a term or condition of probation.
| ||||||
14 | (c) The conditions of probation shall be that the person: | ||||||
15 | (1) not
violate any criminal statute of any jurisdiction; (2) | ||||||
16 | refrain from
possessing a firearm or other dangerous weapon; | ||||||
17 | (3) submit to periodic drug
testing at a time and in a manner | ||||||
18 | as ordered by the court, but no less than 3
times during the | ||||||
19 | period of the probation, with the cost of the testing to be
| ||||||
20 | paid by the probationer; and (4) perform no less than 30 hours | ||||||
21 | of community
service, provided community service is available | ||||||
22 | in the jurisdiction and is
funded
and approved by the county | ||||||
23 | board.
| ||||||
24 | (d) The court may, in addition to other conditions, require | ||||||
25 | that the person:
| ||||||
26 | (1) make a report to and appear in person before or |
| |||||||
| |||||||
1 | participate with the
court or such courts, person, or | ||||||
2 | social service agency as directed by the
court in the order | ||||||
3 | of probation;
| ||||||
4 | (2) pay a fine and costs;
| ||||||
5 | (3) work or pursue a course of study or vocational
| ||||||
6 | training;
| ||||||
7 | (4) undergo medical or psychiatric treatment; or | ||||||
8 | treatment or
rehabilitation approved by the Illinois | ||||||
9 | Department of Human Services;
| ||||||
10 | (5) attend or reside in a facility established for the | ||||||
11 | instruction or
residence of defendants on probation;
| ||||||
12 | (6) support his or her dependents;
| ||||||
13 | (6-5) refrain from having in his or her body the | ||||||
14 | presence of any illicit
drug prohibited by the Cannabis | ||||||
15 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
16 | Methamphetamine Control and Community Protection Act, | ||||||
17 | unless prescribed by a physician, and submit samples of
his | ||||||
18 | or her blood or urine or both for tests to determine the | ||||||
19 | presence of any
illicit drug;
| ||||||
20 | (7) and in addition, if a minor:
| ||||||
21 | (i) reside with his or her parents or in a foster | ||||||
22 | home;
| ||||||
23 | (ii) attend school;
| ||||||
24 | (iii) attend a non-residential program for youth;
| ||||||
25 | (iv) contribute to his or her own support at home | ||||||
26 | or in a foster home.
|
| |||||||
| |||||||
1 | (e) Upon violation of a term or condition of probation, the | ||||||
2 | court
may enter a judgment on its original finding of guilt and | ||||||
3 | proceed as
otherwise provided.
| ||||||
4 | (f) Upon fulfillment of the terms and conditions of | ||||||
5 | probation, the court
shall discharge the person and dismiss the | ||||||
6 | proceedings against him or her.
| ||||||
7 | (g) A disposition of probation is considered to be a | ||||||
8 | conviction
for the purposes of imposing the conditions of | ||||||
9 | probation and for appeal,
however, discharge and dismissal | ||||||
10 | under this Section is not a conviction for
purposes of this Act | ||||||
11 | or for purposes of disqualifications or disabilities
imposed by | ||||||
12 | law upon conviction of a crime.
| ||||||
13 | (h) There may be only one discharge and dismissal under | ||||||
14 | this Section,
Section 10 of the Cannabis Control Act, Section | ||||||
15 | 70 of the Methamphetamine Control and Community Protection Act, | ||||||
16 | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, | ||||||
17 | or subsection (c) of Section 11-14 of the Criminal Code of 1961 | ||||||
18 | or the Criminal Code of 2012 with respect to any person.
| ||||||
19 | (i) If a person is convicted of an offense under this Act, | ||||||
20 | the Cannabis
Control Act, or the Methamphetamine Control and | ||||||
21 | Community Protection Act within 5 years
subsequent to a | ||||||
22 | discharge and dismissal under this Section, the discharge and
| ||||||
23 | dismissal under this Section shall be admissible in the | ||||||
24 | sentencing proceeding
for that conviction
as evidence in | ||||||
25 | aggravation.
| ||||||
26 | (Source: P.A. 97-334, eff. 1-1-12; 97-1118, eff. 1-1-13; |
| |||||||
| |||||||
1 | 97-1150, eff. 1-25-13.)
| ||||||
2 | Section 25. The Methamphetamine Control and Community | ||||||
3 | Protection Act is amended by changing Section 70 as follows: | ||||||
4 | (720 ILCS 646/70)
| ||||||
5 | Sec. 70. Probation. | ||||||
6 | (a) Whenever any person who has not previously been | ||||||
7 | convicted of, or placed on probation or court supervision for | ||||||
8 | any offense under this Act, the Illinois Controlled Substances | ||||||
9 | Act, the Cannabis Control Act, or any law of the United States | ||||||
10 | or of any state relating to cannabis or controlled substances, | ||||||
11 | pleads guilty to or is found guilty of possession of less than | ||||||
12 | 15 grams of methamphetamine under paragraph (1) or (2) of | ||||||
13 | subsection (b) of Section 60 of this Act, the court, without | ||||||
14 | entering a judgment and with the consent of the person, may | ||||||
15 | sentence him or her to probation.
| ||||||
16 | (b) When a person is placed on probation, the court shall | ||||||
17 | enter an order specifying a period of probation of 24 months | ||||||
18 | and shall defer further proceedings in the case until the | ||||||
19 | conclusion of the period or until the filing of a petition | ||||||
20 | alleging violation of a term or condition of probation.
| ||||||
21 | (c) The conditions of probation shall be that the person: | ||||||
22 | (1) not violate any criminal statute of any | ||||||
23 | jurisdiction; | ||||||
24 | (2) refrain from possessing a firearm or other |
| |||||||
| |||||||
1 | dangerous weapon; | ||||||
2 | (3) submit to periodic drug testing at a time and in a | ||||||
3 | manner as ordered by the court, but no less than 3 times | ||||||
4 | during the period of the probation, with the cost of the | ||||||
5 | testing to be paid by the probationer; and | ||||||
6 | (4) perform no less than 30 hours of community service, | ||||||
7 | if community service is available in the jurisdiction and | ||||||
8 | is funded and approved by the county board.
| ||||||
9 | (d) The court may, in addition to other conditions, require | ||||||
10 | that the person take one or more of the following actions:
| ||||||
11 | (1) make a report to and appear in person before or | ||||||
12 | participate with the court or such courts, person, or | ||||||
13 | social service agency as directed by the court in the order | ||||||
14 | of probation;
| ||||||
15 | (2) pay a fine and costs;
| ||||||
16 | (3) work or pursue a course of study or vocational | ||||||
17 | training;
| ||||||
18 | (4) undergo medical or psychiatric treatment; or | ||||||
19 | treatment or rehabilitation approved by the Illinois | ||||||
20 | Department of Human Services;
| ||||||
21 | (5) attend or reside in a facility established for the | ||||||
22 | instruction or residence of defendants on probation;
| ||||||
23 | (6) support his or her dependents;
| ||||||
24 | (7) refrain from having in his or her body the presence | ||||||
25 | of any illicit drug prohibited by this Act, the Cannabis | ||||||
26 | Control Act, or the Illinois Controlled Substances Act, |
| |||||||
| |||||||
1 | unless prescribed by a physician, and submit samples of his | ||||||
2 | or her blood or urine or both for tests to determine the | ||||||
3 | presence of any illicit drug; or
| ||||||
4 | (8) if a minor:
| ||||||
5 | (i) reside with his or her parents or in a foster | ||||||
6 | home;
| ||||||
7 | (ii) attend school;
| ||||||
8 | (iii) attend a non-residential program for youth; | ||||||
9 | or
| ||||||
10 | (iv) contribute to his or her own support at home | ||||||
11 | or in a foster home.
| ||||||
12 | (e) Upon violation of a term or condition of probation, the | ||||||
13 | court may enter a judgment on its original finding of guilt and | ||||||
14 | proceed as otherwise provided.
| ||||||
15 | (f) Upon fulfillment of the terms and conditions of | ||||||
16 | probation, the court shall discharge the person and dismiss the | ||||||
17 | proceedings against the person.
| ||||||
18 | (g) A disposition of probation is considered to be a | ||||||
19 | conviction for the purposes of imposing the conditions of | ||||||
20 | probation and for appeal, however, discharge and dismissal | ||||||
21 | under this Section is not a conviction for purposes of this Act | ||||||
22 | or for purposes of disqualifications or disabilities imposed by | ||||||
23 | law upon conviction of a crime.
| ||||||
24 | (h) There may be only one discharge and dismissal under | ||||||
25 | this Section, Section 410 of the Illinois Controlled Substances | ||||||
26 | Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or |
| |||||||
| |||||||
1 | 5-6-3.4 of the Unified Code of Corrections, or subsection (c) | ||||||
2 | of Section 11-14 of the Criminal Code of 1961 or the Criminal | ||||||
3 | Code of 2012 with respect to any person.
| ||||||
4 | (i) If a person is convicted of an offense under this Act, | ||||||
5 | the Cannabis Control Act, or the Illinois Controlled Substances | ||||||
6 | Act within 5 years subsequent to a discharge and dismissal | ||||||
7 | under this Section, the discharge and dismissal under this | ||||||
8 | Section are admissible in the sentencing proceeding for that | ||||||
9 | conviction as evidence in aggravation.
| ||||||
10 | (Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13.) | ||||||
11 | Section 30. The Unified Code of Corrections is amended by | ||||||
12 | adding Section 5-6-3.4 as follows: | ||||||
13 | (730 ILCS 5/5-6-3.4 new) | ||||||
14 | Sec. 5-6-3.4. Second Chance Probation. | ||||||
15 | (a) Whenever any person who has not previously been | ||||||
16 | convicted of, or placed on probation or conditional discharge | ||||||
17 | for, any felony offense under the laws of this State, the laws | ||||||
18 | of any other state, or the laws of the United States, including | ||||||
19 | probation under Section 410 of the Illinois Controlled | ||||||
20 | Substances Act, Section 70 of the Methamphetamine Control and | ||||||
21 | Community Protection Act, Section 10 of the Cannabis Control | ||||||
22 | Act, subsection (c) of Section 11-14 of the Criminal Code of | ||||||
23 | 2012, Treatment Alternatives for Criminal Justice Clients | ||||||
24 | (TASC) under Article 40 of the Alcoholism and Other Drug Abuse |
| |||||||
| |||||||
1 | and Dependency Act, or prior successful completion of the | ||||||
2 | Offender Initiative Program under Section 5-6-3.3 of this Code, | ||||||
3 | and pleads guilty to, or is found guilty of, a probationable | ||||||
4 | felony offense of possession of a controlled substance that is | ||||||
5 | punishable as a Class 4 felony; possession of
methamphetamine | ||||||
6 | that is punishable as a Class 4 felony; theft that is | ||||||
7 | punishable as a Class 3 felony based on the value of the | ||||||
8 | property or punishable as a Class 4 felony if the theft was | ||||||
9 | committed in a school or place of worship or if the theft was | ||||||
10 | of governmental property; retail
theft that is punishable as a | ||||||
11 | Class 3 felony based on the value of the property; criminal | ||||||
12 | damage to property that is punishable as a Class 4 felony; | ||||||
13 | criminal damage to
government supported property that is | ||||||
14 | punishable as a Class 4 felony; or possession of cannabis which | ||||||
15 | is punishable as a Class 4 felony, the court, with the consent | ||||||
16 | of the defendant and the State's Attorney, may, without | ||||||
17 | entering a judgment, sentence the defendant to probation under | ||||||
18 | this Section. | ||||||
19 | (a-1) Exemptions. A defendant is not eligible for this | ||||||
20 | probation if the offense he or she pleads guilty to, or is | ||||||
21 | found guilty of, is a violent offense, or he or she has | ||||||
22 | previously been convicted of a violent offense. For purposes of | ||||||
23 | this probation, a "violent offense" is any offense where bodily | ||||||
24 | harm was inflicted or where force was used against any person | ||||||
25 | or threatened against any person, any offense involving sexual | ||||||
26 | conduct, sexual penetration, or sexual exploitation, any |
| |||||||
| |||||||
1 | offense of domestic violence, domestic battery, violation of an | ||||||
2 | order of protection, stalking, hate crime, driving under the | ||||||
3 | influence of drugs or alcohol, and any offense involving the | ||||||
4 | possession of a firearm or dangerous weapon. A defendant shall | ||||||
5 | not be eligible for this probation if he or she has previously | ||||||
6 | been adjudicated a delinquent minor for the commission of a | ||||||
7 | violent offense as defined in this subsection. | ||||||
8 | (b) When a defendant is placed on probation, the court | ||||||
9 | shall enter an order specifying a period of probation of not | ||||||
10 | less than 24 months and shall defer further proceedings in the | ||||||
11 | case until the conclusion of the period or until the filing of | ||||||
12 | a petition alleging violation of a term or condition of | ||||||
13 | probation. | ||||||
14 | (c) The conditions of probation shall be that the | ||||||
15 | defendant: | ||||||
16 | (1) not violate any criminal statute of this State or | ||||||
17 | any other jurisdiction; | ||||||
18 | (2) refrain from possessing a firearm or other | ||||||
19 | dangerous weapon; | ||||||
20 | (3) make full restitution to the victim or property | ||||||
21 | owner under Section 5-5-6 of this Code; | ||||||
22 | (4) obtain or attempt to obtain employment; | ||||||
23 | (5) pay fines and costs; | ||||||
24 | (6) attend educational courses designed to prepare the | ||||||
25 | defendant for obtaining a high school diploma or to work | ||||||
26 | toward passing the high school level test of General |
| |||||||
| |||||||
1 | Educational Development (G.E.D.) or to work toward | ||||||
2 | completing a vocational training program; | ||||||
3 | (7) submit to periodic drug testing at a time and in a | ||||||
4 | manner as ordered by the court, but no less than 3 times | ||||||
5 | during the period of probation, with the cost of the | ||||||
6 | testing to be paid by the defendant; and | ||||||
7 | (8) perform a minimum of 30 hours of community service. | ||||||
8 | (d) The court may, in addition to other conditions, require | ||||||
9 | that the defendant: | ||||||
10 | (1) make a report to and appear in person before or | ||||||
11 | participate with the court or such courts, person, or | ||||||
12 | social service agency as directed by the court in the order | ||||||
13 | of probation; | ||||||
14 | (2) undergo medical or psychiatric treatment, or | ||||||
15 | treatment or rehabilitation approved by the Illinois | ||||||
16 | Department of Human Services; | ||||||
17 | (3) attend or reside in a facility established for the | ||||||
18 | instruction or residence of defendants on probation; | ||||||
19 | (4) support his or her dependents; or | ||||||
20 | (5) refrain from having in his or her body the presence | ||||||
21 | of any illicit drug prohibited by the Methamphetamine | ||||||
22 | Control and Community Protection Act, the Cannabis Control | ||||||
23 | Act, or the Illinois Controlled Substances Act, unless | ||||||
24 | prescribed by a physician, and submit samples of his or her | ||||||
25 | blood or urine or both for tests to determine the presence | ||||||
26 | of any illicit drug. |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (e) Upon violation of a term or condition of probation, the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | court may enter a judgment on its original finding of guilt and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | proceed as otherwise provided by law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (f) Upon fulfillment of the terms and conditions of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | probation, the court shall discharge the person and dismiss the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | proceedings against the person. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (g) A disposition of probation is considered to be a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | conviction for the purposes of imposing the conditions of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | probation and for appeal; however, a discharge and dismissal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | under this Section is not a conviction for purposes of this | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Code or for purposes of disqualifications or disabilities | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | imposed by law upon conviction of a crime. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (h) There may be only one discharge and dismissal under | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | this Section, Section 410 of the Illinois Controlled Substances | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Act, Section 70 of the Methamphetamine Control and Community | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | Protection Act, Section 10 of the Cannabis Control Act, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Treatment Alternatives for Criminal Justice Clients (TASC) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | under Article 40 of the Alcoholism and Other Drug Abuse and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Dependency Act, the Offender Initiative Program under Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | 5-6-3.3 of this Code, and subsection (c) of Section 11-14 of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | the Criminal Code of 2012 with respect to any person. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | (i) If a person is convicted of any offense which occurred | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | within 5 years subsequent to a discharge and dismissal under | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | this Section, the discharge and dismissal under this Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | shall be admissible in the sentencing proceeding for that | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | conviction as evidence in aggravation.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||