97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4605

 

Introduced 2/1/2012, by Rep. Marlow H. Colvin

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2
720 ILCS 5/11-14  from Ch. 38, par. 11-14
720 ILCS 550/10  from Ch. 56 1/2, par. 710
720 ILCS 570/410  from Ch. 56 1/2, par. 1410
720 ILCS 646/70
730 ILCS 5/5-6-3.3 new

    Amends the Criminal Identification Act, the Criminal Code of 1961, the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections. Creates Offender Initiative Probation. Provides that whenever any person who has not previously been convicted of, or placed on probation or conditional discharge for, any felony offense, other than a violent offense, under the laws of this State, the laws of any other state, or the laws of the United States, pleads guilty to, or is found guilty of, a probationable felony offense of theft, retail theft, forgery, possession of a stolen motor vehicle, burglary, possession of burglary tools, possession of cannabis, possession of a controlled substance, or possession of methamphetamine, the court, with the consent of both the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation. Establishes the terms and conditions of the probation. Provides that upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. Provides that upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law.


LRB097 16553 RLC 61725 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4605LRB097 16553 RLC 61725 b

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 Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
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 of the
21        Unified Code of Corrections, Section 12-4.3(b)(1) and
22        (2) of the Criminal Code of 1961 (as those provisions
23        existed before their deletion by Public Act 89-313),
24        Section 10-102 of the Illinois Alcoholism and Other
25        Drug Dependency Act, Section 40-10 of the Alcoholism
26        and Other Drug Abuse and Dependency Act, or Section 10

 

 

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1        of the Steroid Control Act. For the purpose of this
2        Section, "successful completion" of an order of
3        qualified probation under Section 10-102 of the
4        Illinois Alcoholism and Other Drug Dependency Act and
5        Section 40-10 of the Alcoholism and Other Drug Abuse
6        and Dependency Act means that the probation was
7        terminated satisfactorily and the judgment of
8        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), and (e) of this Section, the
8    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.
17            (B) the sealing or expungement of records of minor
18        traffic offenses (as defined in subsection (a)(1)(G)),
19        unless the petitioner was arrested and released
20        without charging.
21            (C) the sealing of the records of arrests or
22        charges not initiated by arrest which result in an
23        order of supervision, an order of qualified probation
24        (as defined in subsection (a)(1)(J)), or a conviction
25        for the following offenses:
26                (i) offenses included in Article 11 of the

 

 

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1            Criminal Code of 1961 or a similar provision of a
2            local ordinance, except Section 11-14 of the
3            Criminal Code of 1961 or a similar provision of a
4            local ordinance;
5                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or
6            26-5 of the Criminal Code of 1961 or a similar
7            provision of a local ordinance;
8                (iii) offenses defined as "crimes of violence"
9            in Section 2 of the Crime Victims Compensation Act
10            or a similar provision of a local ordinance;
11                (iv) offenses which are Class A misdemeanors
12            under the Humane Care for Animals Act; or
13                (v) any offense or attempted offense that
14            would subject a person to registration under the
15            Sex Offender Registration Act.
16            (D) the sealing of the records of an arrest which
17        results in the petitioner being charged with a felony
18        offense or records of a charge not initiated by arrest
19        for a felony offense unless:
20                (i) the charge is amended to a misdemeanor and
21            is otherwise eligible to be sealed pursuant to
22            subsection (c);
23                (ii) the charge is brought along with another
24            charge as a part of one case and the charge results
25            in acquittal, dismissal, or conviction when the
26            conviction was reversed or vacated, and another

 

 

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1            charge brought in the same case results in a
2            disposition for a misdemeanor offense that is
3            eligible to be sealed pursuant to subsection (c) or
4            a disposition listed in paragraph (i), (iii), or
5            (iv) of this subsection;
6                (iii) the charge results in first offender
7            probation as set forth in subsection (c)(2)(E);
8                (iv) the charge is for a Class 4 felony offense
9            listed in subsection (c)(2)(F) or the charge is
10            amended to a Class 4 felony offense listed in
11            subsection (c)(2)(F). Records of arrests which
12            result in the petitioner being charged with a Class
13            4 felony offense listed in subsection (c)(2)(F),
14            records of charges not initiated by arrest for
15            Class 4 felony offenses listed in subsection
16            (c)(2)(F), and records of charges amended to a
17            Class 4 felony offense listed in (c)(2)(F) may be
18            sealed, regardless of the disposition, subject to
19            any waiting periods set forth in subsection
20            (c)(3);
21                (v) the charge results in acquittal,
22            dismissal, or the petitioner's release without
23            conviction; or
24                (vi) the charge results in a conviction, but
25            the conviction was reversed or vacated.
26    (b) Expungement.

 

 

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1        (1) A petitioner may petition the circuit court to
2    expunge the records of his or her arrests and charges not
3    initiated by arrest when:
4            (A) He or she has never been convicted of a
5        criminal offense; and
6            (B) Each arrest or charge not initiated by arrest
7        sought to be expunged resulted in: (i) acquittal,
8        dismissal, or the petitioner's release without
9        charging, unless excluded by subsection (a)(3)(B);
10        (ii) a conviction which was vacated or reversed, unless
11        excluded by subsection (a)(3)(B); (iii) an order of
12        supervision and such supervision was successfully
13        completed by the petitioner, unless excluded by
14        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
15        qualified probation (as defined in subsection
16        (a)(1)(J)) and such probation was successfully
17        completed by the petitioner.
18        (2) Time frame for filing a petition to expunge.
19            (A) When the arrest or charge not initiated by
20        arrest sought to be expunged resulted in an acquittal,
21        dismissal, the petitioner's release without charging,
22        or the reversal or vacation of a conviction, there is
23        no waiting period to petition for the expungement of
24        such records.
25            (B) When the arrest or charge not initiated by
26        arrest sought to be expunged resulted in an order of

 

 

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1        supervision, successfully completed by the petitioner,
2        the following time frames will apply:
3                (i) Those arrests or charges that resulted in
4            orders of supervision under Section 3-707, 3-708,
5            3-710, or 5-401.3 of the Illinois Vehicle Code or a
6            similar provision of a local ordinance, or under
7            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
8            Code of 1961 or a similar provision of a local
9            ordinance, shall not be eligible for expungement
10            until 5 years have passed following the
11            satisfactory termination of the supervision.
12                (ii) Those arrests or charges that resulted in
13            orders of supervision for any other offenses shall
14            not be eligible for expungement until 2 years have
15            passed following the satisfactory termination of
16            the supervision.
17            (C) When the arrest or charge not initiated by
18        arrest sought to be expunged resulted in an order of
19        qualified probation, successfully completed by the
20        petitioner, such records shall not be eligible for
21        expungement until 5 years have passed following the
22        satisfactory termination of the probation.
23        (3) Those records maintained by the Department for
24    persons arrested prior to their 17th birthday shall be
25    expunged as provided in Section 5-915 of the Juvenile Court
26    Act of 1987.

 

 

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1        (4) Whenever a person has been arrested for or
2    convicted of any offense, in the name of a person whose
3    identity he or she has stolen or otherwise come into
4    possession of, the aggrieved person from whom the identity
5    was stolen or otherwise obtained without authorization,
6    upon learning of the person having been arrested using his
7    or her identity, may, upon verified petition to the chief
8    judge of the circuit wherein the arrest was made, have a
9    court order entered nunc pro tunc by the Chief Judge to
10    correct the arrest record, conviction record, if any, and
11    all official records of the arresting authority, the
12    Department, other criminal justice agencies, the
13    prosecutor, and the trial court concerning such arrest, if
14    any, by removing his or her name from all such records in
15    connection with the arrest and conviction, if any, and by
16    inserting in the records the name of the offender, if known
17    or ascertainable, in lieu of the aggrieved's name. The
18    records of the circuit court clerk shall be sealed until
19    further order of the court upon good cause shown and the
20    name of the aggrieved person obliterated on the official
21    index required to be kept by the circuit court clerk under
22    Section 16 of the Clerks of Courts Act, but the order shall
23    not affect any index issued by the circuit court clerk
24    before the entry of the order. Nothing in this Section
25    shall limit the Department of State Police or other
26    criminal justice agencies or prosecutors from listing

 

 

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1    under an offender's name the false names he or she has
2    used.
3        (5) Whenever a person has been convicted of criminal
4    sexual assault, aggravated criminal sexual assault,
5    predatory criminal sexual assault of a child, criminal
6    sexual abuse, or aggravated criminal sexual abuse, the
7    victim of that offense may request that the State's
8    Attorney of the county in which the conviction occurred
9    file a verified petition with the presiding trial judge at
10    the petitioner's trial to have a court order entered to
11    seal the records of the circuit court clerk in connection
12    with the proceedings of the trial court concerning that
13    offense. However, the records of the arresting authority
14    and the Department of State Police concerning the offense
15    shall not be sealed. The court, upon good cause shown,
16    shall make the records of the circuit court clerk in
17    connection with the proceedings of the trial court
18    concerning the offense available for public inspection.
19        (6) If a conviction has been set aside on direct review
20    or on collateral attack and the court determines by clear
21    and convincing evidence that the petitioner was factually
22    innocent of the charge, the court shall enter an
23    expungement order as provided in subsection (b) of Section
24    5-5-4 of the Unified Code of Corrections.
25        (7) Nothing in this Section shall prevent the
26    Department of State Police from maintaining all records of

 

 

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1    any person who is admitted to probation upon terms and
2    conditions and who fulfills those terms and conditions
3    pursuant to Section 10 of the Cannabis Control Act, Section
4    410 of the Illinois Controlled Substances Act, Section 70
5    of the Methamphetamine Control and Community Protection
6    Act, Section 5-6-3.3 of the Unified Code of Corrections,
7    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
8    the Criminal Code of 1961, Section 10-102 of the Illinois
9    Alcoholism and Other Drug Dependency Act, Section 40-10 of
10    the Alcoholism and Other Drug Abuse and Dependency Act, or
11    Section 10 of the Steroid Control Act.
12    (c) Sealing.
13        (1) Applicability. Notwithstanding any other provision
14    of this Act to the contrary, and cumulative with any rights
15    to expungement of criminal records, this subsection
16    authorizes the sealing of criminal records of adults and of
17    minors prosecuted as adults.
18        (2) Eligible Records. The following records may be
19    sealed:
20            (A) All arrests resulting in release without
21        charging;
22            (B) Arrests or charges not initiated by arrest
23        resulting in acquittal, dismissal, or conviction when
24        the conviction was reversed or vacated, except as
25        excluded by subsection (a)(3)(B);
26            (C) Arrests or charges not initiated by arrest

 

 

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1        resulting in orders of supervision successfully
2        completed by the petitioner, unless excluded by
3        subsection (a)(3);
4            (D) Arrests or charges not initiated by arrest
5        resulting in convictions unless excluded by subsection
6        (a)(3);
7            (E) Arrests or charges not initiated by arrest
8        resulting in orders of first offender probation under
9        Section 10 of the Cannabis Control Act, Section 410 of
10        the Illinois Controlled Substances Act, or Section 70
11        of the Methamphetamine Control and Community
12        Protection Act, or Section 5-6-3.3 of the Unified Code
13        of Corrections; and
14            (F) Arrests or charges not initiated by arrest
15        resulting in Class 4 felony convictions for the
16        following offenses:
17                (i) Section 11-14 of the Criminal Code of 1961;
18                (ii) Section 4 of the Cannabis Control Act;
19                (iii) Section 402 of the Illinois Controlled
20            Substances Act;
21                (iv) the Methamphetamine Precursor Control
22            Act; and
23                (v) the Steroid Control Act.
24        (3) When Records Are Eligible to Be Sealed. Records
25    identified as eligible under subsection (c)(2) may be
26    sealed as follows:

 

 

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1            (A) Records identified as eligible under
2        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
3        time.
4            (B) Records identified as eligible under
5        subsection (c)(2)(C) may be sealed (i) 3 years after
6        the termination of petitioner's last sentence (as
7        defined in subsection (a)(1)(F)) if the petitioner has
8        never been convicted of a criminal offense (as defined
9        in subsection (a)(1)(D)); or (ii) 4 years after the
10        termination of the petitioner's last sentence (as
11        defined in subsection (a)(1)(F)) if the petitioner has
12        ever been convicted of a criminal offense (as defined
13        in subsection (a)(1)(D)).
14            (C) Records identified as eligible under
15        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
16        sealed 4 years after the termination of the
17        petitioner's last sentence (as defined in subsection
18        (a)(1)(F)).
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
7expungement under subsections (b) and (e), and sealing under
8subsection (c):
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.

 

 

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1        (3) Drug test. The petitioner must attach to the
2    petition proof that the petitioner has passed a test taken
3    within 30 days before the filing of the petition showing
4    the absence within his or her body of all illegal
5    substances as defined by the Illinois Controlled
6    Substances Act, the Methamphetamine Control and Community
7    Protection Act, and the Cannabis Control Act if he or she
8    is petitioning to seal felony records pursuant to clause
9    (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
10    petitioning to expunge felony records of a qualified
11    probation pursuant to clause (b)(1)(B)(iv).
12        (4) Service of petition. The circuit court clerk shall
13    promptly serve a copy of the petition on the State's
14    Attorney or prosecutor charged with the duty of prosecuting
15    the offense, the Department of State Police, the arresting
16    agency and the chief legal officer of the unit of local
17    government effecting the arrest.
18        (5) Objections.
19            (A) Any party entitled to notice of the petition
20        may file an objection to the petition. All objections
21        shall be in writing, shall be filed with the circuit
22        court clerk, and shall state with specificity the basis
23        of the objection.
24            (B) Objections to a petition to expunge or seal
25        must be filed within 60 days of the date of service of
26        the petition.

 

 

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1        (6) Entry of order.
2            (A) The Chief Judge of the circuit wherein the
3        charge was brought, any judge of that circuit
4        designated by the Chief Judge, or in counties of less
5        than 3,000,000 inhabitants, the presiding trial judge
6        at the petitioner's trial, if any, shall rule on the
7        petition to expunge or seal as set forth in this
8        subsection (d)(6).
9            (B) Unless the State's Attorney or prosecutor, the
10        Department of State Police, the arresting agency, or
11        the chief legal officer files an objection to the
12        petition to expunge or seal within 60 days from the
13        date of service of the petition, the court shall enter
14        an order granting or denying the petition.
15        (7) Hearings. If an objection is filed, the court shall
16    set a date for a hearing and notify the petitioner and all
17    parties entitled to notice of the petition of the hearing
18    date at least 30 days prior to the hearing, and shall hear
19    evidence on whether the petition should or should not be
20    granted, and shall grant or deny the petition to expunge or
21    seal the records based on the evidence presented at the
22    hearing.
23        (8) Service of order. After entering an order to
24    expunge or seal records, the court must provide copies of
25    the order to the Department, in a form and manner
26    prescribed by the Department, to the petitioner, to the

 

 

HB4605- 19 -LRB097 16553 RLC 61725 b

1    State's Attorney or prosecutor charged with the duty of
2    prosecuting the offense, to the arresting agency, to the
3    chief legal officer of the unit of local government
4    effecting the arrest, and to such other criminal justice
5    agencies as may be ordered by the court.
6        (9) Effect of order.
7            (A) Upon entry of an order to expunge records
8        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
9                (i) the records shall be expunged (as defined
10            in subsection (a)(1)(E)) by the arresting agency,
11            the Department, and any other agency as ordered by
12            the court, within 60 days of the date of service of
13            the order, unless a motion to vacate, modify, or
14            reconsider the order is filed pursuant to
15            paragraph (12) of subsection (d) of this Section;
16                (ii) the records of the circuit court clerk
17            shall be impounded until further order of the court
18            upon good cause shown and the name of the
19            petitioner obliterated on the official index
20            required to be kept by the circuit court clerk
21            under Section 16 of the Clerks of Courts Act, but
22            the order shall not affect any index issued by the
23            circuit court clerk before the entry of the order;
24            and
25                (iii) in response to an inquiry for expunged
26            records, the court, the Department, or the agency

 

 

HB4605- 20 -LRB097 16553 RLC 61725 b

1            receiving such inquiry, shall reply as it does in
2            response to inquiries when no records ever
3            existed.
4            (B) Upon entry of an order to expunge records
5        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
6                (i) the records shall be expunged (as defined
7            in subsection (a)(1)(E)) by the arresting agency
8            and any other agency as ordered by the court,
9            within 60 days of the date of service of the order,
10            unless a motion to vacate, modify, or reconsider
11            the order is filed pursuant to paragraph (12) of
12            subsection (d) of this Section;
13                (ii) the records of the circuit court clerk
14            shall be impounded until further order of the court
15            upon good cause shown and the name of the
16            petitioner obliterated on the official index
17            required to be kept by the circuit court clerk
18            under Section 16 of the Clerks of Courts Act, but
19            the order shall not affect any index issued by the
20            circuit court clerk before the entry of the order;
21                (iii) the records shall be impounded by the
22            Department within 60 days of the date of service of
23            the order as ordered by the court, unless a motion
24            to vacate, modify, or reconsider the order is filed
25            pursuant to paragraph (12) of subsection (d) of
26            this Section;

 

 

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1                (iv) records impounded by the Department may
2            be disseminated by the Department only as required
3            by law or to the arresting authority, the State's
4            Attorney, and the court upon a later arrest for the
5            same or a similar offense or for the purpose of
6            sentencing for any subsequent felony, and to the
7            Department of Corrections upon conviction for any
8            offense; and
9                (v) in response to an inquiry for such records
10            from anyone not authorized by law to access such
11            records the court, the Department, or the agency
12            receiving such inquiry shall reply as it does in
13            response to inquiries when no records ever
14            existed.
15            (C) Upon entry of an order to seal records under
16        subsection (c), the arresting agency, any other agency
17        as ordered by the court, the Department, and the court
18        shall seal the records (as defined in subsection
19        (a)(1)(K)). In response to an inquiry for such records
20        from anyone not authorized by law to access such
21        records the court, the Department, or the agency
22        receiving such inquiry shall reply as it does in
23        response to inquiries when no records ever existed.
24        (10) Fees. The Department may charge the petitioner a
25    fee equivalent to the cost of processing any order to
26    expunge or seal records. Notwithstanding any provision of

 

 

HB4605- 22 -LRB097 16553 RLC 61725 b

1    the Clerks of Courts Act to the contrary, the circuit court
2    clerk may charge a fee equivalent to the cost associated
3    with the sealing or expungement of records by the circuit
4    court clerk. From the total filing fee collected for the
5    petition to seal or expunge, the circuit court clerk shall
6    deposit $10 into the Circuit Court Clerk Operation and
7    Administrative Fund, to be used to offset the costs
8    incurred by the circuit court clerk in performing the
9    additional duties required to serve the petition to seal or
10    expunge on all parties. The circuit court clerk shall
11    collect and forward the Department of State Police portion
12    of the fee to the Department and it shall be deposited in
13    the State Police Services Fund.
14        (11) Final Order. No court order issued under the
15    expungement or sealing provisions of this Section shall
16    become final for purposes of appeal until 30 days after
17    service of the order on the petitioner and all parties
18    entitled to notice of the petition.
19        (12) Motion to Vacate, Modify, or Reconsider. The
20    petitioner or any party entitled to notice may file a
21    motion to vacate, modify, or reconsider the order granting
22    or denying the petition to expunge or seal within 60 days
23    of service of the order.
24    (e) Whenever a person who has been convicted of an offense
25is granted a pardon by the Governor which specifically
26authorizes expungement, he or she may, upon verified petition

 

 

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1to the Chief Judge of the circuit where the person had been
2convicted, any judge of the circuit designated by the Chief
3Judge, or in counties of less than 3,000,000 inhabitants, the
4presiding trial judge at the defendant's trial, have a court
5order entered expunging the record of arrest from the official
6records of the arresting authority and order that the records
7of the circuit court clerk and the Department be sealed until
8further order of the court upon good cause shown or as
9otherwise provided herein, and the name of the defendant
10obliterated from the official index requested to be kept by the
11circuit court clerk under Section 16 of the Clerks of Courts
12Act in connection with the arrest and conviction for the
13offense for which he or she had been pardoned but the order
14shall not affect any index issued by the circuit court clerk
15before the entry of the order. All records sealed by the
16Department may be disseminated by the Department only as
17required by law or to the arresting authority, the State's
18Attorney, and the court upon a later arrest for the same or
19similar offense or for the purpose of sentencing for any
20subsequent felony. Upon conviction for any subsequent offense,
21the Department of Corrections shall have access to all sealed
22records of the Department pertaining to that individual. Upon
23entry of the order of expungement, the circuit court clerk
24shall promptly mail a copy of the order to the person who was
25pardoned.
26    (f) Subject to available funding, the Illinois Department

 

 

HB4605- 24 -LRB097 16553 RLC 61725 b

1of Corrections shall conduct a study of the impact of sealing,
2especially on employment and recidivism rates, utilizing a
3random sample of those who apply for the sealing of their
4criminal records under Public Act 93-211. At the request of the
5Illinois Department of Corrections, records of the Illinois
6Department of Employment Security shall be utilized as
7appropriate to assist in the study. The study shall not
8disclose any data in a manner that would allow the
9identification of any particular individual or employing unit.
10The study shall be made available to the General Assembly no
11later than September 1, 2010.
12(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
1396-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
147-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
15eff. 8-19-11; revised 9-6-11.)
 
16    Section 10. The Criminal Code of 1961 is amended by
17changing Section 11-14 as follows:
 
18    (720 ILCS 5/11-14)  (from Ch. 38, par. 11-14)
19    Sec. 11-14. Prostitution.
20    (a) Any person who knowingly performs, offers or agrees to
21perform any act of sexual penetration as defined in Section
2211-0.1 of this Code for anything of value, or any touching or
23fondling of the sex organs of one person by another person, for
24anything of value, for the purpose of sexual arousal or

 

 

HB4605- 25 -LRB097 16553 RLC 61725 b

1gratification commits an act of prostitution.
2    (b) Sentence.
3    A violation of this Section is a Class A misdemeanor,
4unless committed within 1,000 feet of real property comprising
5a school, in which case it is a Class 4 felony. A second or
6subsequent violation of this Section, or any combination of
7convictions under this Section and Section 11-14.1
8(solicitation of a sexual act), 11-14.3 (promoting
9prostitution), 11-14.4 (promoting juvenile prostitution),
1011-15 (soliciting for a prostitute), 11-15.1 (soliciting for a
11juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
12place of prostitution), 11-17.1 (keeping a place of juvenile
13prostitution), 11-18 (patronizing a prostitute), 11-18.1
14(patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1
15(juvenile pimping or aggravated juvenile pimping), or 11-19.2
16(exploitation of a child), is a Class 4 felony.
17    (c) First offender; felony prostitution.
18        (1) Whenever any person who has not previously been
19    convicted of or placed on probation for felony prostitution
20    or any law of the United States or of any other state
21    relating to felony prostitution pleads guilty to or is
22    found guilty of felony prostitution, the court, without
23    entering a judgment and with the consent of such person,
24    may sentence the person to probation.
25        (2) When a person is placed on probation, the court
26    shall enter an order specifying a period of probation of 24

 

 

HB4605- 26 -LRB097 16553 RLC 61725 b

1    months and shall defer further proceedings in the case
2    until the conclusion of the period or until the filing of a
3    petition alleging violation of a term or condition of
4    probation.
5        (3) The conditions of probation shall be that the
6    person: (i) not violate any criminal statute of any
7    jurisdiction; (ii) refrain from possessing a firearm or
8    other dangerous weapon; (iii) submit to periodic drug
9    testing at a time and in a manner as ordered by the court,
10    but no less than 3 times during the period of the
11    probation, with the cost of the testing to be paid by the
12    probationer; and (iv) perform no less than 30 hours of
13    community service, provided community service is available
14    in the jurisdiction and is funded and approved by the
15    county board.
16        (4) The court may, in addition to other conditions,
17    require that the person:
18            (A) make a report to and appear in person before or
19        participate with the court or such courts, person, or
20        social service agency as directed by the court in the
21        order of probation;
22            (B) pay a fine and costs;
23            (C) work or pursue a course of study or vocational
24        training;
25            (D) undergo medical or psychiatric treatment; or
26        treatment or rehabilitation by a provider approved by

 

 

HB4605- 27 -LRB097 16553 RLC 61725 b

1        the Illinois Department of Human Services;
2            (E) attend or reside in a facility established for
3        the instruction or residence of defendants on
4        probation;
5            (F) support his or her dependents;
6            (G) refrain from having in his or her body the
7        presence of any illicit drug prohibited by the Cannabis
8        Control Act or the Illinois Controlled Substances Act,
9        unless prescribed by a physician, and submit samples of
10        his or her blood or urine or both for tests to
11        determine the presence of any illicit drug.
12        (5) Upon violation of a term or condition of probation,
13    the court may enter a judgment on its original finding of
14    guilt and proceed as otherwise provided.
15        (6) Upon fulfillment of the terms and conditions of
16    probation, the court shall discharge the person and dismiss
17    the proceedings against him or her.
18        (7) 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 subsection is not a conviction for purposes of
22    this Code or for purposes of disqualifications or
23    disabilities imposed by law upon conviction of a crime.
24        (8) There may be only one discharge and dismissal under
25    this Section, Section 410 of the Illinois Controlled
26    Substances Act, Section 70 of the Methamphetamine Control

 

 

HB4605- 28 -LRB097 16553 RLC 61725 b

1    and Community Protection Act, Section 10 of the Cannabis
2    Control Act, or Section 5-6-3.3 of the Unified Code of
3    Corrections.
4        (9) If a person is convicted of prostitution within 5
5    years subsequent to a discharge and dismissal under this
6    subsection, the discharge and dismissal under this
7    subsection shall be admissible in the sentencing
8    proceeding for that conviction as evidence in aggravation.
9    (d) Notwithstanding the foregoing, if it is determined,
10after a reasonable detention for investigative purposes, that a
11person suspected of or charged with a violation of this Section
12is a person under the age of 18, that person shall be immune
13from prosecution for a prostitution offense under this Section,
14and shall be subject to the temporary protective custody
15provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of
161987. Pursuant to the provisions of Section 2-6 of the Juvenile
17Court Act of 1987, a law enforcement officer who takes a person
18under 18 years of age into custody under this Section shall
19immediately report an allegation of a violation of Section 10-9
20of this Code to the Illinois Department of Children and Family
21Services State Central Register, which shall commence an
22initial investigation into child abuse or child neglect within
2324 hours pursuant to Section 7.4 of the Abused and Neglected
24Child Reporting Act.
25(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11.)
 

 

 

HB4605- 29 -LRB097 16553 RLC 61725 b

1    Section 15. The Cannabis Control Act is amended by changing
2Section 10 as follows:
 
3    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
4    Sec. 10. (a) Whenever any person who has not previously
5been convicted of, or placed on probation or court supervision
6for, any offense under this Act or any law of the United States
7or of any State relating to cannabis, or controlled substances
8as defined in the Illinois Controlled Substances Act, pleads
9guilty to or is found guilty of violating Sections 4(a), 4(b),
104(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
11entering a judgment and with the consent of such person,
12sentence him to probation.
13    (b) When a person is placed on probation, the court shall
14enter an order specifying a period of probation of 24 months,
15and shall defer further proceedings in the case until the
16conclusion of the period or until the filing of a petition
17alleging violation of a term or condition of probation.
18    (c) The conditions of probation shall be that the person:
19(1) not violate any criminal statute of any jurisdiction; (2)
20refrain from possession of a firearm or other dangerous weapon;
21(3) submit to periodic drug testing at a time and in a manner
22as ordered by the court, but no less than 3 times during the
23period of the probation, with the cost of the testing to be
24paid by the probationer; and (4) perform no less than 30 hours
25of community service, provided community service is available

 

 

HB4605- 30 -LRB097 16553 RLC 61725 b

1in the jurisdiction and is funded and approved by the county
2board.
3    (d) The court may, in addition to other conditions, require
4that the person:
5        (1) make a report to and appear in person before or
6    participate with the court or such courts, person, or
7    social service agency as directed by the court in the order
8    of probation;
9        (2) pay a fine and costs;
10        (3) work or pursue a course of study or vocational
11    training;
12        (4) undergo medical or psychiatric treatment; or
13    treatment for drug addiction or alcoholism;
14        (5) attend or reside in a facility established for the
15    instruction or residence of defendants on probation;
16        (6) support his dependents;
17        (7) refrain from possessing a firearm or other
18    dangerous weapon;
19        (7-5) refrain from having in his or her body the
20    presence of any illicit drug prohibited by the Cannabis
21    Control Act, the Illinois Controlled Substances Act, or the
22    Methamphetamine Control and Community Protection Act,
23    unless prescribed by a physician, and submit samples of his
24    or her blood or urine or both for tests to determine the
25    presence of any illicit drug;
26        (8) and in addition, if a minor:

 

 

HB4605- 31 -LRB097 16553 RLC 61725 b

1            (i) reside with his parents or in a foster home;
2            (ii) attend school;
3            (iii) attend a non-residential program for youth;
4            (iv) contribute to his own support at home or in a
5        foster home.
6    (e) Upon violation of a term or condition of probation, the
7court may enter a judgment on its original finding of guilt and
8proceed as otherwise provided.
9    (f) Upon fulfillment of the terms and conditions of
10probation, the court shall discharge such person and dismiss
11the proceedings against him.
12    (g) A disposition of probation is considered to be a
13conviction for the purposes of imposing the conditions of
14probation and for appeal, however, discharge and dismissal
15under this Section is not a conviction for purposes of
16disqualification or disabilities imposed by law upon
17conviction of a crime (including the additional penalty imposed
18for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
19of this Act).
20    (h) Discharge and dismissal under this Section, Section 410
21of the Illinois Controlled Substances Act, or Section 70 of the
22Methamphetamine Control and Community Protection Act, Section
235-6-3.3 of the Unified Code of Corrections, or subsection (c)
24of Section 11-14 of the Criminal Code of 1961 may occur only
25once with respect to any person.
26    (i) If a person is convicted of an offense under this Act,

 

 

HB4605- 32 -LRB097 16553 RLC 61725 b

1the Illinois Controlled Substances Act, or the Methamphetamine
2Control and Community Protection Act within 5 years subsequent
3to a discharge and dismissal under this Section, the discharge
4and dismissal under this Section shall be admissible in the
5sentencing proceeding for that conviction as a factor in
6aggravation.
7(Source: P.A. 94-556, eff. 9-11-05.)
 
8    Section 20. The Illinois Controlled Substances Act is
9amended by changing Section 410 as follows:
 
10    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
11    Sec. 410. (a) Whenever any person who has not previously
12been convicted of, or placed on probation or court supervision
13for any offense under this Act or any law of the United States
14or of any State relating to cannabis or controlled substances,
15pleads guilty to or is found guilty of possession of a
16controlled or counterfeit substance under subsection (c) of
17Section 402 or of unauthorized possession of prescription form
18under Section 406.2, the court, without entering a judgment and
19with the consent of such person, may sentence him or her to
20probation.
21    (b) When a person is placed on probation, the court shall
22enter an order specifying a period of probation of 24 months
23and shall defer further proceedings in the case until the
24conclusion of the period or until the filing of a petition

 

 

HB4605- 33 -LRB097 16553 RLC 61725 b

1alleging violation of a term or condition of probation.
2    (c) The conditions of probation shall be that the person:
3(1) not violate any criminal statute of any jurisdiction; (2)
4refrain from possessing a firearm or other dangerous weapon;
5(3) submit to periodic drug testing at a time and in a manner
6as ordered by the court, but no less than 3 times during the
7period of the probation, with the cost of the testing to be
8paid by the probationer; and (4) perform no less than 30 hours
9of community service, provided community service is available
10in the jurisdiction and is funded and approved by the county
11board.
12    (d) The court may, in addition to other conditions, require
13that the person:
14        (1) make a report to and appear in person before or
15    participate with the court or such courts, person, or
16    social service agency as directed by the court in the order
17    of probation;
18        (2) pay a fine and costs;
19        (3) work or pursue a course of study or vocational
20    training;
21        (4) undergo medical or psychiatric treatment; or
22    treatment or rehabilitation approved by the Illinois
23    Department of Human Services;
24        (5) attend or reside in a facility established for the
25    instruction or residence of defendants on probation;
26        (6) support his or her dependents;

 

 

HB4605- 34 -LRB097 16553 RLC 61725 b

1        (6-5) refrain from having in his or her body the
2    presence of any illicit drug prohibited by the Cannabis
3    Control Act, the Illinois Controlled Substances Act, or the
4    Methamphetamine Control and Community Protection Act,
5    unless prescribed by a physician, and submit samples of his
6    or her blood or urine or both for tests to determine the
7    presence of any illicit drug;
8        (7) and in addition, if a minor:
9            (i) reside with his or her parents or in a foster
10        home;
11            (ii) attend school;
12            (iii) attend a non-residential program for youth;
13            (iv) contribute to his or her own support at home
14        or in a foster home.
15    (e) Upon violation of a term or condition of probation, the
16court may enter a judgment on its original finding of guilt and
17proceed as otherwise provided.
18    (f) Upon fulfillment of the terms and conditions of
19probation, the court shall discharge the person and dismiss the
20proceedings against him or her.
21    (g) A disposition of probation is considered to be a
22conviction for the purposes of imposing the conditions of
23probation and for appeal, however, discharge and dismissal
24under this Section is not a conviction for purposes of this Act
25or for purposes of disqualifications or disabilities imposed by
26law upon conviction of a crime.

 

 

HB4605- 35 -LRB097 16553 RLC 61725 b

1    (h) There may be only one discharge and dismissal under
2this Section, Section 10 of the Cannabis Control Act, or
3Section 70 of the Methamphetamine Control and Community
4Protection Act, Section 5-6-3.3 of the Unified Code of
5Corrections, or subsection (c) of Section 11-14 of the Criminal
6Code of 1961 with respect to any person.
7    (i) If a person is convicted of an offense under this Act,
8the Cannabis Control Act, or the Methamphetamine Control and
9Community Protection Act within 5 years subsequent to a
10discharge and dismissal under this Section, the discharge and
11dismissal under this Section shall be admissible in the
12sentencing proceeding for that conviction as evidence in
13aggravation.
14(Source: P.A. 97-334, eff. 1-1-12.)
 
15    Section 25. The Methamphetamine Control and Community
16Protection Act is amended by changing Section 70 as follows:
 
17    (720 ILCS 646/70)
18    Sec. 70. Probation.
19    (a) Whenever any person who has not previously been
20convicted of, or placed on probation or court supervision for
21any offense under this Act, the Illinois Controlled Substances
22Act, the Cannabis Control Act, or any law of the United States
23or of any state relating to cannabis or controlled substances,
24pleads guilty to or is found guilty of possession of less than

 

 

HB4605- 36 -LRB097 16553 RLC 61725 b

115 grams of methamphetamine under paragraph (1) or (2) of
2subsection (b) of Section 60 of this Act, the court, without
3entering a judgment and with the consent of the person, may
4sentence him or her to probation.
5    (b) When a person is placed on probation, the court shall
6enter an order specifying a period of probation of 24 months
7and shall defer further proceedings in the case until the
8conclusion of the period or until the filing of a petition
9alleging violation of a term or condition of probation.
10    (c) The conditions of probation shall be that the person:
11        (1) not violate any criminal statute of any
12    jurisdiction;
13        (2) refrain from possessing a firearm or other
14    dangerous weapon;
15        (3) submit to periodic drug testing at a time and in a
16    manner as ordered by the court, but no less than 3 times
17    during the period of the probation, with the cost of the
18    testing to be paid by the probationer; and
19        (4) perform no less than 30 hours of community service,
20    if community service is available in the jurisdiction and
21    is funded and approved by the county board.
22    (d) The court may, in addition to other conditions, require
23that the person take one or more of the following actions:
24        (1) make a report to and appear in person before or
25    participate with the court or such courts, person, or
26    social service agency as directed by the court in the order

 

 

HB4605- 37 -LRB097 16553 RLC 61725 b

1    of probation;
2        (2) pay a fine and costs;
3        (3) work or pursue a course of study or vocational
4    training;
5        (4) undergo medical or psychiatric treatment; or
6    treatment or rehabilitation approved by the Illinois
7    Department of Human Services;
8        (5) attend or reside in a facility established for the
9    instruction or residence of defendants on probation;
10        (6) support his or her dependents;
11        (7) refrain from having in his or her body the presence
12    of any illicit drug prohibited by this Act, the Cannabis
13    Control Act, or the Illinois Controlled Substances Act,
14    unless prescribed by a physician, and submit samples of his
15    or her blood or urine or both for tests to determine the
16    presence of any illicit drug; or
17        (8) if a minor:
18            (i) reside with his or her parents or in a foster
19        home;
20            (ii) attend school;
21            (iii) attend a non-residential program for youth;
22        or
23            (iv) contribute to his or her own support at home
24        or in a foster home.
25    (e) Upon violation of a term or condition of probation, the
26court may enter a judgment on its original finding of guilt and

 

 

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1proceed as otherwise provided.
2    (f) Upon fulfillment of the terms and conditions of
3probation, the court shall discharge the person and dismiss the
4proceedings against the person.
5    (g) A disposition of probation is considered to be a
6conviction for the purposes of imposing the conditions of
7probation and for appeal, however, discharge and dismissal
8under this Section is not a conviction for purposes of this Act
9or for purposes of disqualifications or disabilities imposed by
10law upon conviction of a crime.
11    (h) There may be only one discharge and dismissal under
12this Section, Section 410 of the Illinois Controlled Substances
13Act, or Section 10 of the Cannabis Control Act, Section 5-6-3.3
14of the Unified Code of Corrections, or subsection (c) of
15Section 11-14 of the Criminal Code of 1961 with respect to any
16person.
17    (i) If a person is convicted of an offense under this Act,
18the Cannabis Control Act, or the Illinois Controlled Substances
19Act within 5 years subsequent to a discharge and dismissal
20under this Section, the discharge and dismissal under this
21Section are admissible in the sentencing proceeding for that
22conviction as evidence in aggravation.
23(Source: P.A. 94-556, eff. 9-11-05.)
 
24    Section 30. The Unified Code of Corrections is amended by
25adding Section 5-6-3.3 as follows:
 

 

 

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1    (730 ILCS 5/5-6-3.3 new)
2    Sec. 5-6-3.3. Offender Initiative Probation.
3    (a) Whenever any person who has not previously been
4convicted of, or placed on probation or conditional discharge
5for, any felony offense under the laws of this State, the laws
6of any other state, or the laws of the United States, pleads
7guilty to, or is found guilty of, a probationable felony
8offense of theft, retail theft, forgery, possession of a stolen
9motor vehicle, burglary, possession of burglary tools,
10possession of cannabis, possession of a controlled substance,
11or possession of methamphetamine, the court, with the consent
12of both the defendant and the State's Attorney, may, without
13entering a judgment, sentence the defendant to probation.
14    (a-1) Exemptions. A defendant shall not be eligible for
15this probation if the offense he or she has pled guilty to, or
16has been found guilty of, is a violent offense. For purposes of
17this probation, a "violent offense" is any offense where bodily
18harm was inflicted or where force was used against any person
19or threatened against any person, any offense involving sexual
20conduct, sexual penetration, or sexual exploitation, any
21offense of domestic violence, domestic battery, violation of an
22order of protection, stalking, hate crime, driving under the
23influence of drugs or alcohol, and any offense involving the
24possession of a firearm or dangerous weapon. A defendant shall
25not be eligible for this probation if he or she has previously

 

 

HB4605- 40 -LRB097 16553 RLC 61725 b

1been adjudicated a delinquent minor for the commission of a
2violent offense as defined in this subsection.
3    (b) When a defendant is placed on probation, the court
4shall enter an order specifying a period of probation of not
5less than 24 months and shall defer further proceedings in the
6case until the conclusion of the period or until the filing of
7a petition alleging violation of a term or condition of
8probation.
9    (c) The conditions of probation shall be that the
10defendant:
11        (1) not violate any criminal statute of this State or
12    any other jurisdiction;
13        (2) refrain from possessing a firearm or other
14    dangerous weapon;
15        (3) make full restitution to the victim or property
16    owner pursuant to Section 5-5-6 of this Code;
17        (4) obtain employment or perform not less than 30 hours
18    of community service, provided community service is
19    available in the county and is funded and approved by the
20    county board;
21        (5) pay fines and costs;
22        (6) attend educational courses designed to prepare the
23    defendant for obtaining a high school diploma or to work
24    toward passing the high school level test of General
25    Educational Development (G.E.D.) or to work toward
26    completing a vocational training program; and

 

 

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1        (7) submit to periodic drug testing at a time and in a
2    manner as ordered by the court, but no less than 3 times
3    during the period of probation, with the cost of the
4    testing to be paid by the defendant.
5    (d) The court may, in addition to other conditions, require
6that the defendant:
7        (1) make a report to and appear in person before or
8    participate with the court or such courts, person, or
9    social service agency as directed by the court in the order
10    of probation;
11        (2) undergo medical or psychiatric treatment, or
12    treatment or rehabilitation approved by the Illinois
13    Department of Human Services;
14        (3) attend or reside in a facility established for the
15    instruction or residence of defendants on probation;
16        (4) support his or her dependents;
17        (5) refrain from having in his or her body the presence
18    of any illicit drug prohibited by the Methamphetamine
19    Control and Community Protection Act, the Cannabis Control
20    Act or the Illinois Controlled Substances Act, unless
21    prescribed by a physician, and submit samples of his or her
22    blood or urine or both for tests to determine the presence
23    of any illicit drug; or
24        (6) if a minor:
25            (i) reside with his or her parents or in a foster
26        home;

 

 

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1            (ii) attend school;
2            (iii) attend a non-residential program for youth;
3        or
4            (iv) contribute to his or her own support at home
5        or in a foster home.
6    (e) Upon violation of a term or condition of probation, the
7court may enter a judgment on its original finding of guilt and
8proceed as otherwise provided by law.
9    (f) Upon fulfillment of the terms and conditions of
10probation, the court shall discharge the person and dismiss the
11proceedings against the person.
12    (g) A disposition of probation is considered to be a
13conviction for the purposes of imposing the conditions of
14probation and for appeal; however, a discharge and dismissal
15under this Section is not a conviction for purposes of this
16Code or for purposes of disqualifications or disabilities
17imposed by law upon conviction of a crime.
18    (h) There may be only one discharge and dismissal under
19this Section, Section 410 of the Illinois Controlled Substances
20Act, Section 70 of the Methamphetamine Control and Community
21Protection Act, Section 10 of the Cannabis Control Act, or
22subsection (c) of Section 11-14 of the Criminal Code of 1961
23with respect to any person.
24    (i) If a person is convicted of any offense which occurred
25within 5 years subsequent to a discharge and dismissal under
26this Section, the discharge and dismissal under this Section

 

 

HB4605- 43 -LRB097 16553 RLC 61725 b

1shall be admissible in the sentencing proceeding for that
2conviction as evidence in aggravation.
3    (j) Section 410 of the Illinois Controlled Substances Act,
4Section 70 of the Methamphetamine Control and Community
5Protection Act, Section 10 of the Cannabis Control Act, and
6subsection (c) of Section 11-14 of the Criminal Code of 1961
7provide the conditions of probation regarding the offenses
8specified therein.