Illinois General Assembly - Bill Status for SB2136
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 Bill Status of SB2136  102nd General Assembly


Short Description:  EXPUNGEMENT-PROSTITUTION

Senate Sponsors
Sen. Jacqueline Y. Collins - Patricia Van Pelt - Robert F. Martwick - Mattie Hunter, Rachelle Crowe and Napoleon Harris, III

House Sponsors
(Rep. Mary E. Flowers - Marcus C. Evans, Jr. - Will Guzzardi - Lakesia Collins - Justin Slaughter, Kambium Buckner and Elizabeth Hernandez)

Last Action
DateChamber Action
  6/29/2021SenateSent to the Governor

Statutes Amended In Order of Appearance
20 ILCS 2630/5.2
725 ILCS 5/122-1from Ch. 38, par. 122-1


Synopsis As Introduced
Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of a conviction for felony prostitution committed prior to the effective date of the amendatory Act. Establishes timelines for the automatic expungement of the records based on the date of the creation of the records. Amends the Code of Criminal Procedure of 1963. Provides that a petition for post-conviction relief may be filed by a person confined, or subject to being confined by the State, local, or federal government as a result of a State criminal conviction (rather than only by persons imprisoned in the penitentiary). Strikes a provision concerning expungement procedures for drug tests. Effective immediately.

Senate Floor Amendment No. 1
Adds reference to:
725 ILCS 5/122-9 new

Deletes a provision providing for the automatic expungement of felony prostitution convictions within a certain time frame. Provides that any individual may at any time institute proceedings under the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, notwithstanding that he or she is no longer imprisoned and notwithstanding that his or her liberties are not being currently curtailed by action of the State, if his or her conviction has potential consequences under federal immigration law. Defines "conviction".

House Floor Amendment No. 1
Deletes reference to:
725 ILCS 5/122-9 new
Adds reference to:
735 ILCS 5/2-1401from Ch. 110, par. 2-1401

Deletes a new provision added to the Code of Criminal Procedure of 1963 concerning the institution of specified proceedings. Amends the Code of Civil Procedure. In a provision concerning relief from judgments, provides that any individual may at any time file a petition and institute proceedings, if his or her final order or judgment, which was entered based on a plea of guilty or nolo contendere, has potential consequences under federal immigration law.

House Floor Amendment No. 2
Reinserts a stricken provision relating to the petitioner passing a drug test.

Actions 
DateChamber Action
  2/26/2021SenateFiled with Secretary by Sen. Jacqueline Y. Collins
  2/26/2021SenateFirst Reading
  2/26/2021SenateReferred to Assignments
  3/16/2021SenateAssigned to Criminal Law
  3/17/2021SenateAdded as Co-Sponsor Sen. Mattie Hunter
  3/18/2021SenateAdded as Chief Co-Sponsor Sen. Patricia Van Pelt
  3/24/2021SenateDo Pass Criminal Law; 007-002-000
  3/24/2021SenatePlaced on Calendar Order of 2nd Reading March 25, 2021
  3/25/2021SenateAdded as Chief Co-Sponsor Sen. Robert F. Martwick
  4/14/2021SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
  4/14/2021SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/20/2021SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  4/20/2021SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 009-001-000
  4/21/2021SenateSenate Floor Amendment No. 1 Adopted; Collins
  4/21/2021SenateSecond Reading
  4/21/2021SenatePlaced on Calendar Order of 3rd Reading April 22, 2021
  4/22/2021SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  4/22/2021SenateThird Reading - Passed; 054-000-000
  4/23/2021HouseArrived in House
  4/23/2021SenateAdded as Co-Sponsor Sen. Rachelle Crowe
  4/27/2021HouseChief House Sponsor Rep. Mary E. Flowers
  4/28/2021HouseFirst Reading
  4/28/2021HouseReferred to Rules Committee
  4/29/2021HouseAdded Alternate Co-Sponsor Rep. Kambium Buckner
  4/29/2021HouseAdded Alternate Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/3/2021HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  5/3/2021HouseAlternate Co-Sponsor Removed Rep. Kelly M. Cassidy
  5/4/2021HouseAssigned to Judiciary - Criminal Committee
  5/12/2021HouseAdded Alternate Co-Sponsor Rep. Chris Bos
  5/12/2021HouseAlternate Co-Sponsor Removed Rep. Chris Bos
  5/13/2021HouseDo Pass / Short Debate Judiciary - Criminal Committee; 012-007-000
  5/14/2021HousePlaced on Calendar 2nd Reading - Short Debate
  5/14/2021HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers
  5/14/2021HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/18/2021HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  5/18/2021HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  5/20/2021HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 011-006-000
  5/26/2021HouseSecond Reading - Short Debate
  5/26/2021HouseHouse Floor Amendment No. 1 Adopted
  5/26/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/27/2021HousePlaced on Calendar - Consideration Postponed
  5/29/2021HouseAdded Alternate Chief Co-Sponsor Rep. Will Guzzardi
  5/29/2021HouseAdded Alternate Chief Co-Sponsor Rep. Lakesia Collins
  5/29/2021HouseAdded Alternate Chief Co-Sponsor Rep. Kelly M. Cassidy
  5/29/2021HouseAlternate Chief Co-Sponsor Removed Rep. Kelly M. Cassidy
  5/29/2021HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Mary E. Flowers
  5/29/2021HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/30/2021HouseAdded Alternate Chief Co-Sponsor Rep. Justin Slaughter
  5/30/2021HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  5/30/2021HouseRecalled to Second Reading - Short Debate
  5/30/2021HouseHouse Floor Amendment No. 2 Adopted
  5/30/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2021HouseThird Reading - Short Debate - Passed 067-038-000
  5/30/2021SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/30/2021SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2021
  5/31/2021SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins
  5/31/2021SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/31/2021SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins
  5/31/2021SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/31/2021SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive
  5/31/2021SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive
  5/31/2021SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 009-006-000
  5/31/2021SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 009-006-000
  5/31/2021SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  5/31/2021SenateHouse Floor Amendment No. 1 Senate Concurs 057-000-000
  5/31/2021SenateHouse Floor Amendment No. 2 Senate Concurs 057-000-000
  5/31/2021SenateSenate Concurs
  5/31/2021SenatePassed Both Houses
  6/29/2021SenateSent to the Governor

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