102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4090

 

Introduced 5/25/2021, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/116-2.2 new

    Amends the Code of Criminal Procedure of 1963. Provides that a motion to vacate convictions for certain offenses under the Cannabis Control Act may be filed at any time following the entry of a verdict or finding of guilty, provided that reasonable notice is served upon the State. Provides that the court shall grant the motion. Provides that upon vacating the conviction, the court shall take specified actions appropriate in the circumstances. Provides that these actions may include entering an order expunging certain records. Provides that, for individuals incarcerated solely on vacated convictions, the court shall provide for the immediate release from incarceration, including, but not limited to, relief from any period of probation or mandatory supervised release. Provides that the court shall, for individuals serving sentences for certain vacated convictions concurrently with any other conviction, upon motion of the defendant, grant a retrial for other specified convictions. Provides that the court shall grant such other relief as is appropriate in the circumstances.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 116-2.2 as follows:
 
6    (725 ILCS 5/116-2.2 new)
7    Sec. 116-2.2. Motion to vacate convictions for cannabis
8offenses.
9    (a) A motion under this Section may be filed at any time
10following the entry of a verdict or finding of guilty where the
11conviction was under any of the following Sections of the
12Cannabis Control Act: Section 4 (possession of cannabis);
13Section 5 (manufacture or delivery of cannabis, or possession
14with intent to manufacture or deliver cannabis); Section 5.1
15(cannabis trafficking); Section 5.2 (delivery of cannabis on
16school grounds); Section 5.3 (unlawful use of cannabis-based
17product manufacturing equipment); Section 7 (delivery of
18cannabis to minors); Section 8 (production or possession of
19cannabis sativa plant); or Section 9 (calculated criminal
20cannabis conspiracy).
21    (b) The court shall grant the motion. Upon vacating the
22conviction, the court shall, as is appropriate in the
23circumstances:

 

 

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1        (1) For all convictions vacated under this Section,
2    within 90 days after the conviction is vacated, enter an
3    order expunging the records of arrest from the official
4    records of the arresting authority and order that the
5    records of the circuit court clerk and the Department of
6    State Police be expunged and the name of the defendant
7    obliterated from the official index requested to be kept
8    by the circuit court clerk under Section 16 of the Clerks
9    of Courts Act in connection with the arrest and
10    conviction, provided that the order shall not affect any
11    index issued by the circuit court clerk before the entry
12    of the order. Upon entry of the order of expungement, the
13    circuit court clerk shall promptly provide a copy of the
14    order and a certificate of disposition to the defendant at
15    his or her last known address or by electronic means (if
16    available) or otherwise make it available to the defendant
17    upon request.
18        (2) For individuals incarcerated solely on the basis
19    of convictions vacated under this Section, the court shall
20    also provide for the immediate release of the individual
21    from incarceration together with relief from any
22    post-incarceration restrictions or conditions ordered by
23    the court or otherwise provided for by law, including, but
24    not limited to, relief from any period of probation or
25    mandatory supervised release and the payment of the
26    remaining balance due of any fines or fees.

 

 

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1        (3) For individuals serving sentences for convictions
2    vacated under this Section concurrently with any other
3    conviction, upon motion of the defendant, grant a retrial
4    for any convictions not vacated under this Section.
5        (4) Grant such other relief as is appropriate in the
6    circumstances.