Bill Status of HB5341  100th General Assembly


Short Description:  CRIM ID-FINANCIAL OBLIGATIONS

House Sponsors
Rep. Jehan Gordon-Booth - Ryan Spain - Juliana Stratton - Camille Y. Lilly - Barbara Wheeler, Theresa Mah, La Shawn K. Ford, Melissa Conyears-Ervin, Elizabeth Hernandez, Carol Ammons, Mr. Nicholas K Smith, Kelly M. Cassidy, Ann M. Williams, William Davis, Will Guzzardi, Sonya M. Harper, Deb Conroy, Marcus C. Evans, Jr., Linda Chapa LaVia, Litesa E. Wallace, Laura Fine, Robert Rita, Thaddeus Jones, Arthur Turner, Mary E. Flowers, Sara Feigenholtz, Robyn Gabel, LaToya Greenwood, Lou Lang, Robert Martwick and Rita Mayfield

Senate Sponsors
(Sen. Don Harmon - Jacqueline Y. Collins - Steve Stadelman - Iris Y. Martinez - Mattie Hunter, David Koehler, Daniel Biss, Omar Aquino, Patricia Van Pelt, Antonio Muņoz, Michael E. Hastings, Toi W. Hutchinson and Elgie R. Sims, Jr.)

Last Action
DateChamber Action
  8/10/2018HousePublic Act . . . . . . . . . 100-0776

Statutes Amended In Order of Appearance
20 ILCS 2630/5.2


Synopsis As Introduced
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.

House Floor Amendment No. 3
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.

House Floor Amendment No. 4
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.

Actions 
DateChamber Action
  2/15/2018HouseFiled with the Clerk by Rep. Jehan Gordon-Booth
  2/16/2018HouseFirst Reading
  2/16/2018HouseReferred to Rules Committee
  2/27/2018HouseAdded Chief Co-Sponsor Rep. Camille Y. Lilly
  2/28/2018HouseAdded Co-Sponsor Rep. Theresa Mah
  2/28/2018HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  3/1/2018HouseAdded Co-Sponsor Rep. Melissa Conyears-Ervin
  3/1/2018HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/1/2018HouseAdded Co-Sponsor Rep. Carol Ammons
  3/2/2018HouseAdded Chief Co-Sponsor Rep. Juliana Stratton
  3/2/2018HouseChief Co-Sponsor Changed to Rep. Juliana Stratton
  3/6/2018HouseAdded Co-Sponsor Rep. Nicholas K Smith
  3/7/2018HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/7/2018HouseAdded Co-Sponsor Rep. Ann M. Williams
  3/7/2018HouseAdded Co-Sponsor Rep. William Davis
  3/7/2018HouseAdded Co-Sponsor Rep. Will Guzzardi
  3/7/2018HouseAdded Co-Sponsor Rep. Sonya M. Harper
  3/7/2018HouseAdded Co-Sponsor Rep. Deb Conroy
  3/7/2018HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  3/8/2018HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/8/2018HouseAdded Co-Sponsor Rep. Litesa E. Wallace
  3/12/2018HouseAdded Co-Sponsor Rep. Barbara Wheeler
  3/21/2018HouseAssigned to Judiciary - Criminal Committee
  4/2/2018HouseAdded Co-Sponsor Rep. Laura Fine
  4/9/2018HouseDo Pass / Short Debate Judiciary - Criminal Committee; 010-001-000
  4/10/2018HousePlaced on Calendar 2nd Reading - Short Debate
  4/11/2018HouseAdded Co-Sponsor Rep. Robert Rita
  4/11/2018HouseAdded Co-Sponsor Rep. Thaddeus Jones
  4/11/2018HouseAdded Co-Sponsor Rep. Arthur Turner
  4/18/2018HouseAdded Co-Sponsor Rep. Mary E. Flowers
  4/18/2018HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  4/20/2018HouseAdded Co-Sponsor Rep. Robyn Gabel
  4/23/2018HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Jehan Gordon-Booth
  4/23/2018HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/23/2018HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jehan Gordon-Booth
  4/23/2018HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/24/2018HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Jehan Gordon-Booth
  4/24/2018HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/24/2018HouseAdded Co-Sponsor Rep. LaToya Greenwood
  4/25/2018HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary - Criminal Committee
  4/25/2018HouseSecond Reading - Short Debate
  4/25/2018HouseHeld on Calendar Order of Second Reading - Short Debate
  4/26/2018HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary - Criminal Committee; 008-004-000
  4/26/2018HouseAdded Co-Sponsor Rep. Lou Lang
  4/26/2018HouseAdded Co-Sponsor Rep. Robert Martwick
  4/26/2018HouseAdded Co-Sponsor Rep. Rita Mayfield
  4/26/2018HouseAdded Co-Sponsor Rep. Ryan Spain
  4/26/2018HouseAdded Chief Co-Sponsor Rep. Ryan Spain
  4/26/2018HouseAdded Chief Co-Sponsor Rep. Barbara Wheeler
  4/26/2018HouseRemoved Co-Sponsor Rep. Barbara Wheeler
  4/26/2018HouseRemoved Co-Sponsor Rep. Ryan Spain
  4/27/2018HouseHouse Floor Amendment No. 3 Adopted
  4/27/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/27/2018HouseRule 19(a) / Re-referred to Rules Committee
  5/16/2018HouseApproved for Consideration Rules Committee; 004-000-000
  5/16/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/16/2018HouseFinal Action Deadline Extended-9(b) May 25, 2018
  5/16/2018HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Jehan Gordon-Booth
  5/16/2018HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  5/18/2018HouseHouse Floor Amendment No. 4 Rules Refers to Judiciary - Criminal Committee
  5/23/2018HouseHouse Floor Amendment No. 4 Recommends Be Adopted Judiciary - Criminal Committee; 011-001-000
  5/24/2018HouseRecalled to Second Reading - Short Debate
  5/24/2018HouseHouse Floor Amendment No. 4 Adopted
  5/24/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/24/2018HouseThird Reading - Short Debate - Passed 063-039-000
  5/24/2018HouseHouse Floor Amendment No. 1 Tabled Pursuant to Rule 40
  5/24/2018HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40
  5/25/2018SenateArrive in Senate
  5/25/2018SenatePlaced on Calendar Order of First Reading
  5/25/2018SenateChief Senate Sponsor Sen. Don Harmon
  5/25/2018SenateFirst Reading
  5/25/2018SenateReferred to Assignments
  5/25/2018SenateRule 2-10 Committee/3rd Reading Deadline Established As May 31, 2018
  5/25/2018SenateAdded as Alternate Co-Sponsor Sen. Michael E. Hastings
  5/28/2018SenateAssigned to Criminal Law
  5/28/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/28/2018SenateWaive Posting Notice
  5/29/2018SenateAdded as Alternate Co-Sponsor Sen. David Koehler
  5/29/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Steve Stadelman
  5/29/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Omar Aquino
  5/29/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  5/29/2018SenateAdded as Alternate Co-Sponsor Sen. Daniel Biss
  5/29/2018SenateAdded as Alternate Co-Sponsor Sen. Omar Aquino
  5/29/2018SenateDo Pass Criminal Law; 006-004-000
  5/29/2018SenatePlaced on Calendar Order of 2nd Reading
  5/29/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Chris Nybo
  5/29/2018SenateAdded as Alternate Co-Sponsor Sen. Patricia Van Pelt
  5/29/2018SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/29/2018SenateSecond Reading
  5/29/2018SenatePlaced on Calendar Order of 3rd Reading May 30, 2018
  5/29/2018SenateAdded as Alternate Co-Sponsor Sen. Antonio Muņoz
  5/29/2018SenateSponsor Removed Sen. Chris Nybo
  5/30/2018SenateThird Reading - Passed; 032-021-001
  5/30/2018HousePassed Both Houses
  5/30/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/30/2018SenateAdded as Alternate Co-Sponsor Sen. Toi W. Hutchinson
  5/30/2018SenateAdded as Alternate Co-Sponsor Sen. Elgie R. Sims, Jr.
  6/28/2018HouseSent to the Governor
  8/10/2018HouseGovernor Approved
  8/10/2018HouseEffective Date August 10, 2018
  8/10/2018HousePublic Act . . . . . . . . . 100-0776