SB2228ham001 99TH GENERAL ASSEMBLY

Rep. Ron Sandack

Filed: 5/5/2016

09900SB2228ham001 LRB099 16422 RLC 47893 a

AMENDMENT TO SENATE BILL 2228

AMENDMENT NO. ______. Amend Senate Bill 2228 on page 1, by replacing line 5 with the following: "changing Sections 5 and 5.2 as follows:

(20 ILCS 2630/5) (from Ch. 38, par. 206-5)

Sec. 5. Arrest reports. All policing bodies of this State shall furnish to the Department, daily, in the form and detail the Department requires, fingerprints, descriptions, and ethnic and racial background data as provided in Section 4.5 of this Act of all persons who are arrested on charges of violating any penal statute of this State for offenses that are classified as felonies and Class A or B misdemeanors, and of all minors of the age of 10 and over who have been arrested for an offense which would be a felony if committed by an adult, all municipal ordinance or unit of local government ordinance violations involving cannabis offenses, and all civil law violations involving possession of 10 grams or less of cannabis, and may forward such fingerprints and descriptions for minors arrested for Class A or B misdemeanors. Moving or nonmoving traffic violations under the Illinois Vehicle Code shall not be reported except for violations of Chapter 4, Section 11-204.1, or Section 11-501 of that Code. In addition, conservation offenses, as defined in the Supreme Court Rule 501(c), that are classified as Class B misdemeanors shall not be reported. Those law enforcement records maintained by the Department for minors arrested for an offense prior to their 17th birthday, or minors arrested for a non-felony offense, if committed by an adult, prior to their 18th birthday, shall not be forwarded to the Federal Bureau of Investigation unless those records relate to an arrest in which a minor was charged as an adult under any of the transfer provisions of the Juvenile Court Act of 1987.

(Source: P.A. 98-528, eff. 1-1-15.)"; and

on page 6, by replacing lines 6 through 26 with the following:

"(2.5) Department of State Police records of a person found to have committed 2 civil law violation offenses under subsection (a) of Section 4 of the Cannabis Control Act or subsection (c) of Section 3.5 of the Drug Paraphernalia Control Act or similar municipal ordinance or unit of local government ordinance violation offenses, within a one-year period, but not having had committed a third offense, which contain the final satisfactory disposition which pertain to the person issued a citation for that offense shall be reported to the appropriate circuit clerks for automatic expungement of the 2 offenses in one year on January 1 following the 2 offenses."; and

on page 7, by deleting lines 1 through 5; and

on page 173, by replacing lines 13 through 15 with the following: "containing cannabis is guilty of a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200 for a first or second offense. A third or subsequent offense committed under this subsection (a) is a Class C misdemeanor. The proceeds of the fine shall by payable to the"; and

on page 174, line 18, by inserting after "Fund" the following: ".

All civil law violations shall be reported to the Department of State Police who shall keep those records under Section 5 of the Criminal Identification Act"; and

on page 176, line 15, after "Act.", by inserting "All violations of an ordinance imposing a fine upon cannabis shall be reported to the Department of State Police who shall keep those records under Section 5 of the Criminal Identification Act.".