Bill Status of HB 4954   99th General Assembly

Short Description:  CRIM ID-IMMEDIATE SEALING

House Sponsors
Rep. La Shawn K. Ford-Mary E. Flowers-Emanuel Chris Welch-Rita Mayfield

Last Action  View All Actions

DateChamber Action
  4/15/2016HouseThird Reading - Short Debate - Lost 044-059-000

Statutes Amended In Order of Appearance
20 ILCS 2630/5.2

Synopsis As Introduced
Amends the Criminal Identification Act. Provides that records of charges that result in an acquittal or dismissal with prejudice, except for minor traffic offenses, may be immediately sealed after the final disposition of the case. Upon entry of judgment, the defendant shall be informed of this right and the proper procedures to follow to have records that are eligible be immediately sealed. A petition may be filed on behalf of the defendant by his or her attorney at the final disposition hearing, or by the defendant at any time. The State's Attorney may not object to an immediate sealing petition, and the presiding trial judge shall enter an order granting or denying the petition during the hearing in which the petition is filed. Effective immediately.

 Land Conveyance Appraisal Note (Dept. of Transportation)
 No land conveyances are included in HB4954; therefore, there are no appraisals to be filed.

 State Debt Impact Note (Government Forecasting & Accountability)
 HB 4954 would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

House Floor Amendment No. 1
Deletes language providing that no fees shall be charged by the circuit court clerk or the Department of State Police for processing a sealing petition for an arrest or charge not initiated by arrest that resulted in acquittal, dismissal, or a conviction when the conviction was reversed or vacated. Deletes language providing that the State's Attorney may not object to an immediate sealing petition.

 Pension Note (Government Forecasting & Accountability)
 HB 4954 will not impact any public pension fund or retirement system in Illinois.

 Correctional Note (Dept of Corrections)
 HB 4954 has no fiscal or population impact on the Department of Corrections.

 Housing Affordability Impact Note (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Judicial Note (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 Fiscal Note (Illinois State Police)
 If HB 4954 were to become law, the estimated fiscal cost would be $211,152 per fiscal year. This estimated loss of revenue is based upon Fiscal Year 2015 numbers. In Fiscal Year 2015 the Illinois State Police collected an estimated $211,152 for seal orders. The Illinois State Police does not have a separate line item for expungements and seal orders. Illinois State Police collected a total of $527,880 in sealing and expungement fees in Fiscal Year 2015. Seal orders average approximately 40 percent of the workload ($527,880 x .40 = $211,152). It should be noted, the $527,880 collected in fees fund the salary of 10 of the13 employees in this unit. These costs would no longer be supported by fee funds collected and would have to be shifted to General Revenue. The revenue stream that supports the functions of this unit would no longer exist. While preparing this fiscal note, House Amendment 1 was filed. House Amendment 1 would restore the Illinois State Police's ability to collect fees for most seal orders.

 Balanced Budget Note (Office of Management and Budget)
 House Bill 4954 would eliminate the current process in which the Illinois State Police collect fees for processing petitions and orders to seal records. These fees are used to fund the technology and support staff that implement and maintain the expungement and sealing system. While any costs for implementing this new process would be minimal the Illinois State Police would lose revenue generated from the current process at an estimated $211,000 per year into the State Police Services Fund.

Actions 
DateChamber Action
  2/5/2016HouseFiled with the Clerk by Rep. La Shawn K. Ford
  2/5/2016HouseFirst Reading
  2/5/2016HouseReferred to Rules Committee
  2/29/2016HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  3/23/2016HouseAssigned to Judiciary - Criminal Committee
  4/4/2016HouseDo Pass / Short Debate Judiciary - Criminal Committee; 012-003-000
  4/5/2016HousePlaced on Calendar 2nd Reading - Short Debate
  4/5/2016HouseLand Conveyance Appraisal Note Filed
  4/5/2016HouseState Debt Impact Note Filed
  4/6/2016HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. La Shawn K. Ford
  4/6/2016HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/6/2016HousePension Note Filed
  4/6/2016HouseAdded Chief Co-Sponsor Rep. Emanuel Chris Welch
  4/6/2016HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/7/2016HouseCorrectional Note Filed
  4/11/2016HouseHousing Affordability Impact Note Filed
  4/11/2016HouseJudicial Note Filed
  4/11/2016HouseFiscal Note Filed
  4/11/2016HouseBalanced Budget Note Filed
  4/13/2016HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 012-001-000
  4/14/2016HouseSecond Reading - Short Debate
  4/14/2016HouseHouse Floor Amendment No. 1 Adopted
  4/14/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/15/2016HouseAdded Chief Co-Sponsor Rep. Rita Mayfield
  4/15/2016HouseThird Reading - Short Debate - Lost 044-059-000

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