HB1831ham005 95TH GENERAL ASSEMBLY

Rep. Constance A. Howard

Filed: 4/10/2008

09500HB1831ham005 LRB095 09795 LCT 49184 a

AMENDMENT TO HOUSE BILL 1831

AMENDMENT NO. ______. Amend House Bill 1831, AS AMENDED, with reference to page and line numbers of House Amendment No. 3, on page 1, line 6, by replacing "Section 5" with "Sections 5 and 13"; and

on page 20, line 17, by replacing "minor; or" with "minor;"; and

on page 20, line 19, by replacing "ordinance." with "ordinance; or (iii) Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance."; and

on page 29, line 11, after "(c).", by inserting "The court may, upon conviction for a subsequent felony offense, order the unsealing of prior felony conviction records previously ordered sealed by the court."; and

on page 30, line 17, by replacing "Substances Act" with "Substances Act, the Methamphetamine Control and Community Protection Act,"; and

on page 30, line 19, after "(c)(2)(F)(ii)-(iv)", by inserting "or if he or she is petitioning to expunge felony records of a qualified probation pursuant to clause (b)(1)(B)(iv)"; and

on page 31, by replacing lines 8 and 9 with the following: "petition(s)."; and

on page 32, line 1, by replacing "14" with "30"; and

on page 34, by replacing lines 21 through 26 with the following:

"(10) Fees. The Department may charge the petitioner a fee equivalent to the cost of processing any order to expunge or seal records. Notwithstanding any provision of the Clerks of Courts Act to the contrary, the clerk may charge a fee equivalent to the cost associated with the sealing or expungement of records by the clerk. From the total filing fee collected for the petition to seal or expunge, the clerk shall deposit $10 into the Circuit Court Clerk Operation and Administrative Fund, to be used to offset the costs incurred by the Circuit Court Clerk in performing the additional duties required to serve the petition to seal or expunge on all parties. The clerk shall collect and forward the Department of State Police portion of the fee to the Department and it shall be deposited in the State Police Services Fund."; and

on page 35, by deleting lines 1 and 2; and

on page 35, immediately below line 12, by inserting the following:

"(13) Void Orders. Any court order to expunge or seal records that is contrary to this Section is void."; and

on page 37, line 24, by replacing "Governor." with the following: "Governor.

(20 ILCS 2630/13)

Sec. 13. Retention and release of sealed records.

(a) The Department of State Police shall retain records sealed under subsection (c) (h) of Section 6 5 and shall release them only as authorized by this Act. Felony records sealed under subsection (c) (h) of Section 6 5 shall be used and disseminated by the Department only as otherwise specifically required or authorized by a federal or State law, rule, or regulation that requires inquiry into and release of criminal records, including, but not limited to, subsection (A) of Section 3 of this Act. However, all requests for records that have been expunged, sealed, and impounded and the use of those records are subject to the provisions of Section 2-103 of the Illinois Human Rights Act. Upon conviction for any offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual.

(b) Notwithstanding the foregoing, all sealed records are subject to inspection and use by the court and inspection and use by law enforcement agencies and State's Attorneys or other prosecutors in carrying out the duties of their offices.

(c) The sealed records maintained under subsection (a) are exempt from disclosure under the Freedom of Information Act.

(d) The Department of State Police shall commence the sealing of records of felony arrests and felony convictions pursuant to the provisions of subsection (c) (h) of Section 6 5 of this Act no later than one year from the date that funds have been made available for purposes of establishing the technologies necessary to implement the changes made by this amendatory Act of the 93rd General Assembly.

(Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)".