Illinois General Assembly - Bill Status for HB5341

Amends the Criminal Identification Act. Provides that notwithstanding any other provision of law, the court shall not deny a sealing or expungement petition because the petitioner has not satisfied an outstanding financial obligation established, imposed, or originated by a court, law enforcement agency, or a municipal, State, county, or other unit of local government, including, but not limited to, any cost, assessment, fine, or fee. Makes changes to the definition of "terminate". Effective immediately.

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that an outstanding legal financial obligation does not include any court ordered restitution to a victim under the Unified Code of Corrections, unless the restitution has been converted to a civil judgment. Provides that nothing in the prohibition for denying a petition to seal due to an outstanding legal financial obligation waives, rescinds, or abrogates a legal financial obligation or otherwise eliminates or affects the right of the holder of any financial obligation to pursue collection under applicable federal, State, or local law (in the introduced bill, nothing in the provision eliminates the right of the holder of those financial obligations to pursue collection under federal, State, or local law). Provides that upon motion, the court may order that a sealed or expunged judgment or other court record necessary to demonstrate the amount of any legal financial obligation due and owing be made available for the limited purpose of collecting any legal financial obligations owed by the petitioner that were established, imposed, or originated in the criminal proceeding for which those records have been sealed or expunged. Provides that records shall be immediately re-impounded upon the collection of the outstanding financial obligations. Provides that notwithstanding any other provision, a circuit court clerk may access a sealed or expunged record for the limited purpose of collecting payment for any legal financial obligations that were established, imposed, or originated in the criminal proceedings for which those records have been sealed or expunged. Effective immediately.

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that an outstanding legal financial obligation does not include any court ordered restitution to a victim under the Unified Code of Corrections, unless the restitution has been converted to a civil judgment. Provides that nothing in the prohibition for denying a petition to seal due to an outstanding legal financial obligation waives, rescinds, or abrogates a legal financial obligation or otherwise eliminates or affects the right of the holder of any financial obligation to pursue collection under applicable federal, State, or local law (in the introduced bill, nothing in the provision eliminates the right of the holder of those financial obligations to pursue collection under federal, State, or local law). Provides that upon motion, the court may order that a sealed judgment or other court record necessary to demonstrate the amount of any legal financial obligation due and owing be made available for the limited purpose of collecting any legal financial obligations owed by the petitioner that were established, imposed, or originated in the criminal proceeding for which those records have been sealed. Provides that records shall be immediately re-impounded upon the collection of the outstanding financial obligations. Provides that notwithstanding any other provision, a circuit court clerk may access a sealed record for the limited purpose of collecting payment for any legal financial obligations that were established, imposed, or originated in the criminal proceedings for which those records have been sealed. Effective immediately.

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