Full Text of SB1747 99th General Assembly
SB1747ham005 99TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 5/30/2015
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| 1 | | AMENDMENT TO SENATE BILL 1747
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1747 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Gun | 5 | | Violence Intervention Court Act. | 6 | | Section 5. Purpose. The General Assembly recognizes the | 7 | | effectiveness of nationally-recognized gun violence | 8 | | intervention programs targeting and identifying high-risk, | 9 | | potentially violent offenders, and more importantly, those who | 10 | | play a leadership role in collective groups of high-risk, | 11 | | potentially violent offenders in reducing violent crime and | 12 | | creating a positive impact upon recidivism. Collaboration | 13 | | between local, State and federal law enforcement and | 14 | | prosecutorial agencies, as well as social service groups, | 15 | | community organizations, job training agencies, and | 16 | | educational partnerships to communicate to certain instigators |
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| 1 | | of violence that the behavior will not be tolerated, and | 2 | | evoking an immediate and intense response in which those | 3 | | admonishments are not adhered to. In addition, and most | 4 | | importantly, offering clear alternatives to promote and | 5 | | incentivize job training and education programming to diminish | 6 | | violence in communities across Illinois. To monitor the | 7 | | progress of the offenders, this Act hereby creates a | 8 | | specialized gun violence intervention court model for local | 9 | | jurisdictions in this State to identify and communicate a zero | 10 | | tolerance policy for violent gun crime, while offering social | 11 | | service and community outreach to promote education and job | 12 | | training, positively affecting recidivism rates, and long-term | 13 | | anti-violence goals. | 14 | | Section 10. Definitions. As used in this Act: | 15 | | "Call-in" means targeted communication on behalf of a law | 16 | | enforcement agency participating in gun violence intervention | 17 | | court with a high-risk, potentially violent offender or group | 18 | | of offenders, advising the persons of the consequences of | 19 | | continued illegal behavior while offering alternatives to | 20 | | promote non-criminal behavior. | 21 | | "Combination gun court program" means a gun court program | 22 | | that involves a pre-adjudicatory gun court program and a | 23 | | post-adjudicatory gun court program. | 24 | | "Department" means the Department of Corrections. | 25 | | "Gun violence intervention court", "gun court", or |
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| 1 | | "program" means an immediate and highly structured criminal | 2 | | justice process by which law enforcement agencies collaborate | 3 | | with local community organizations to identify particularly | 4 | | high-risk violent offenders, and high-risk violent offenders | 5 | | within groups of violent offenders, and communicate potential | 6 | | sanctions for the continuance of certain illegal behaviors. As | 7 | | part of the intervention, alternatives to violent behavior are | 8 | | presented, such as job training, education, and counseling | 9 | | services. If violent behaviors continue resulting in violation | 10 | | of gun court program conditions, the offender is entered into | 11 | | an intensive and specialized prosecution and court call, in | 12 | | which prior warnings of criminal sanction are carried out. If | 13 | | incarceration is entered as part of the disposition, social | 14 | | service and educational programs are offered in order to | 15 | | promote positive behavioral change, along with continued | 16 | | monitoring and services during periods of mandatory supervised | 17 | | release. | 18 | | "Gun violence intervention professional" means a member of | 19 | | the gun court team, including, but not limited to, a judge, | 20 | | prosecutor, defense attorney, probation officer, coordinator, | 21 | | treatment provider, educator, or behavioral or mental health | 22 | | counselor.
| 23 | | "Post-adjudicatory gun court program" means a program in | 24 | | which the defendant has admitted guilt, or has been found | 25 | | guilty, and the court agrees to permit the defendant to receive | 26 | | specialized programming while serving his or her sentence. |
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| 1 | | "Pre-adjudicatory gun court program" means a program that | 2 | | allows the defendant, with the consent of the prosecution, to | 3 | | expedite the defendant's criminal case before conviction or | 4 | | before filing of a criminal case and requires successful | 5 | | completion of individualized programming as part of the | 6 | | agreement. | 7 | | Section 15. Authorization. The Chief Judge of each judicial | 8 | | circuit may establish a gun violence intervention court, and if | 9 | | the gun court is established, shall implement the gun court and | 10 | | enter dispositions under this Act.
| 11 | | Section 20. Eligibility. | 12 | | (a) A defendant may be admitted into a pre-adjudicatory gun | 13 | | court program at the recommendation of a local, State, or | 14 | | federal law enforcement agency which has participated in a | 15 | | call-in with the defendant, with the agreement of the | 16 | | prosecutor and with the approval of the court, for any | 17 | | violation under Article 24 of the Criminal Code of 2012, upon | 18 | | agreement of the defendant to enter into a pre-adjudicatory gun | 19 | | court program. | 20 | | (b) A defendant may be admitted into a post-adjudicatory | 21 | | gun court program at the recommendation of a local, State, or | 22 | | federal law enforcement agency which has participated in a | 23 | | call-in with the defendant, with the agreement of the | 24 | | prosecutor and with the approval of the court, for a violation |
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| 1 | | under Section 24-1.8, subsection (a) of Section 24-1.1, | 2 | | paragraph (2), (3), (4), (5), or (6) of subsection (a) of | 3 | | Section 24-1.2, or a Class 2 or greater felony under Section | 4 | | 24-1.6 of the Criminal Code of 2012, whether or not the | 5 | | defendant agrees to be entered into a post-adjudicatory gun | 6 | | court program. | 7 | | (c) A defendant may be admitted into a combination gun | 8 | | court program if during a pre-adjudicatory gun court program | 9 | | under subsection (a) of this Section, he or she commits an | 10 | | offense under subsection (b) of this Section.
| 11 | | Section 25. Pre-adjudicatory gun court program procedure. | 12 | | (a) The court shall order an eligibility screening and an | 13 | | assessment of the defendant by a team of gun court | 14 | | professionals. The assessment shall include an individualized | 15 | | risk assessment of the offender. The assessment shall also | 16 | | identify community cooperatives that can assist with job | 17 | | training, job placement, educational opportunities, or mental | 18 | | health and behavioral counseling, if appropriate. The gun court | 19 | | professionals shall submit a series of recommendations for | 20 | | programming, and individualized monitoring and court | 21 | | scheduling to ensure compliance with the recommended | 22 | | programming. | 23 | | (b) The court shall inform the defendant that if he or she | 24 | | fails to meet the conditions of the gun court program, | 25 | | eligibility to participate in the program may be revoked and |
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| 1 | | the prosecution shall continue for the underlying violation. | 2 | | (c) The defendant shall execute a written and oral | 3 | | agreement as to his or her participation in the program and | 4 | | shall agree to all conditions of the program, including, but | 5 | | not limited to, compliance with monitoring, court appearances, | 6 | | job training, education training, or substance abuse, | 7 | | behavioral health or mental health counseling as an outpatient, | 8 | | inpatient, residential, or jail-based custodial treatment | 9 | | program, and including, but not limited to, sanctions or | 10 | | incarceration for failing to abide or comply with the terms of | 11 | | the program. | 12 | | (d) The gun court program shall include a regimen of | 13 | | graduated requirements and rewards and sanctions, including, | 14 | | but not limited to: fines, fees, costs, restitution, | 15 | | incarceration of up to 180 days, individual and group therapy, | 16 | | drug analysis testing, close monitoring by the court at a | 17 | | minimum of once every 30 days and supervision of progress, | 18 | | educational or vocational counseling as appropriate, and other | 19 | | requirements necessary to fulfill the gun court program at the | 20 | | recommendation of the gun court professionals. | 21 | | (e) If the court finds from the evidence presented | 22 | | including, but not limited, to the reports or proffers of proof | 23 | | from the gun court professionals that: | 24 | | (1) the defendant is not performing satisfactorily in
| 25 | | the assigned program; | 26 | | (2) the defendant is not benefitting from education,
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| 1 | | treatment, or rehabilitation; | 2 | | (3) the defendant has engaged in criminal conduct
| 3 | | rendering him or her unsuitable for the program; or | 4 | | (4) the defendant has otherwise violated the terms
and | 5 | | conditions of the program or his or her sentence or is for | 6 | | any reason unable to participate;
the court may impose | 7 | | reasonable sanctions under prior written agreement of the | 8 | | defendant, including, but not limited to, imprisonment or | 9 | | dismissal of the defendant from the program and the court | 10 | | may conduct criminal proceedings against him or her or | 11 | | proceed under Section 5-6-4 of the Unified Code of | 12 | | Corrections for a violation of probation, conditional | 13 | | discharge, or supervision hearing. | 14 | | (f) If the defendant successfully completes the | 15 | | pre-adjudicatory gun court program, the court may consider this | 16 | | at sentencing. | 17 | | Section 30. Post-adjudicatory gun court program.
| 18 | | (a) The gun court may permit the prosecution for any | 19 | | violation under subsection (b) of Section 20 of this Act to | 20 | | proceed under this Act. | 21 | | (b) If a person is found guilty of a violation under | 22 | | subsection (b) of Section 20 of this Act, the court may order | 23 | | an eligibility screening and assessment of the defendant. The | 24 | | assessment shall include an individualized risk assessment of | 25 | | the offender. The assessment shall also identify community |
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| 1 | | cooperatives that can assist with job training, job placement, | 2 | | educational opportunities, or mental health and behavioral | 3 | | counseling, when appropriate. The gun court professionals | 4 | | shall submit a series of recommendations for programming, and | 5 | | individualized monitoring and court scheduling to ensure | 6 | | compliance with the recommended programming. The assessment | 7 | | shall include programming recommendations for the defendant | 8 | | while incarcerated, and upon release and reentry into society. | 9 | | Section 35. Education seminars for judges. The | 10 | | Administrative Office of the Illinois Courts may conduct | 11 | | education seminars throughout this State on how to operate gun | 12 | | court programs under this Act. | 13 | | Section 105. The Department of State Police Law of the
| 14 | | Civil Administrative Code of Illinois is amended by adding | 15 | | Section 2605-51 as follows: | 16 | | (20 ILCS 2605/2605-51 new) | 17 | | Sec. 2605-51. Sex Offenses and Sex Offender Registration | 18 | | Task Force. | 19 | | (a) The General Assembly acknowledges that numerous | 20 | | criminal offenses that are categorized as sex offenses are | 21 | | serious crimes that affect some of the most vulnerable victims. | 22 | | (1) The Sex Offender Database was created as a | 23 | | statewide database for the purpose of making information |
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| 1 | | regarding sex offenders publicly available so that victims | 2 | | may be aware of released offenders and law enforcement may | 3 | | have a tool to identify potential perpetrators of current | 4 | | offenses. In addition to the Registry, sex offenders may be | 5 | | subject to specific conditions and prohibitions for a | 6 | | period after the person's release from imprisonment that | 7 | | restricts where the person may reside, travel, and work. | 8 | | (2) The General Assembly recognizes that the current | 9 | | Sex Offender Database and sex offender restrictions do not | 10 | | assess or differentiate based upon the specific risks of | 11 | | each offender, potential threat to public safety, or an | 12 | | offender's likelihood of reoffending. | 13 | | (3) The General Assembly believes that a Task Force | 14 | | should be created to ensure that law enforcement and | 15 | | communities are able to identify the high-risk sex | 16 | | offenders and focus on monitoring those offenders to | 17 | | protect victims, improve public safety, and maintain the | 18 | | seriousness of each offense. | 19 | | (b) Sex Offenses and Sex Offender Registration Task Force. | 20 | | (1) The Sex Offenses and Sex Offender Registration Task | 21 | | Force is created to examine current offenses that require | 22 | | offenders to register as sex offenders, conditions and | 23 | | restrictions for registered sex offenders, and the | 24 | | registration process. | 25 | | (2) The Task Force shall hold public hearings at the | 26 | | call of the co-chairpersons to receive testimony from the |
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| 1 | | public and make recommendations to the General Assembly | 2 | | regarding legislative changes to more effectively classify | 3 | | sex offenders based on their level of risk of re-offending, | 4 | | better direct resources to monitor the most violent and | 5 | | high risk offenders, and to ensure public safety. | 6 | | (3) The Task Force shall be an independent Task Force | 7 | | under the Department of State Police for administrative | 8 | | purposes, and shall consist of the following members: | 9 | | (A) the Director of Corrections, or his or her | 10 | | designee; | 11 | | (B) 2 members of the House of Representatives | 12 | | appointed by the Speaker of the House of | 13 | | Representatives, one of whom shall serve as | 14 | | co-chairperson; | 15 | | (C) 2 members of the Senate appointed by the | 16 | | President of the Senate, one of whom shall serve as a | 17 | | co-chairperson; | 18 | | (D) a member of the Senate appointed by the | 19 | | Minority Leader of the Senate; | 20 | | (E) a member of the House of Representatives | 21 | | appointed by the Minority Leader of the House of | 22 | | Representatives; | 23 | | (F) the Director of State Police, or his or her | 24 | | designee; | 25 | | (G) the Superintendent of the Chicago Police | 26 | | Department, or his or her designee; |
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| 1 | | (H) the Chairperson of the Juvenile Justice | 2 | | Commission, or his or her designee; | 3 | | (I) a representative of a statewide organization | 4 | | against sexual assault, appointed by the Director of | 5 | | State Police; | 6 | | (J) a representative of a statewide organization | 7 | | representing probation and court services agencies in | 8 | | Illinois, appointed by the Director of State Police; | 9 | | and | 10 | | (K) a representative of a statewide organization | 11 | | representing Illinois sheriffs, appointed by the | 12 | | Director of State Police; | 13 | | (L) a representative of a statewide organization | 14 | | representing Illinois police chiefs, appointed by the | 15 | | Director of State Police; | 16 | | (M) 2 State's Attorneys to be appointed by the | 17 | | members of the Task Force; and | 18 | | (N) 2 sex offender treatment providers, appointed | 19 | | by the Director of State Police. | 20 | | (c) The Task Force shall submit a written report of its | 21 | | findings and recommendations to the General Assembly on or | 22 | | before January 1, 2017. | 23 | | (d) This Section is repealed on January 1, 2018. | 24 | | Section 110. The Criminal Identification Act is amended by | 25 | | changing Sections 3.1 and 5.2 as follows:
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| 1 | | (20 ILCS 2630/3.1) (from Ch. 38, par. 206-3.1)
| 2 | | Sec. 3.1. (a) The Department may furnish, pursuant to | 3 | | positive
identification, records of convictions to the | 4 | | Department of Financial and Professional
Regulation for the | 5 | | purpose of meeting registration or licensure
requirements | 6 | | under the Private Detective, Private Alarm, Private Security,
| 7 | | Fingerprint Vendor, and Locksmith Act of 2004 or the Pharmacy | 8 | | Practice Act .
| 9 | | (b) The Department may furnish, pursuant to positive | 10 | | identification,
records of convictions to policing bodies of | 11 | | this State for the purpose of
assisting local liquor control | 12 | | commissioners in carrying out their
duty to refuse to issue | 13 | | licenses to persons specified in paragraphs (4),
(5) and (6) of | 14 | | Section 6-2 of the Liquor Control Act of 1934.
| 15 | | (c) The Department shall charge an application fee, based | 16 | | on actual
costs, for the dissemination of records pursuant to | 17 | | this Section. Fees
received for the dissemination of records | 18 | | pursuant to this Section shall be
deposited in the State Police | 19 | | Services Fund. The Department is
empowered to establish this | 20 | | fee and to prescribe the form and manner for
requesting and | 21 | | furnishing conviction information pursuant to this Section.
| 22 | | (d) Any dissemination of any information obtained pursuant | 23 | | to this
Section to any person not specifically authorized | 24 | | hereby to receive or use
it for the purpose for which it was | 25 | | disseminated shall constitute a
violation of Section 7.
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| 1 | | (Source: P.A. 95-613, eff. 9-11-07.)
| 2 | | (20 ILCS 2630/5.2)
| 3 | | Sec. 5.2. Expungement and sealing. | 4 | | (a) General Provisions. | 5 | | (1) Definitions. In this Act, words and phrases have
| 6 | | the meanings set forth in this subsection, except when a
| 7 | | particular context clearly requires a different meaning. | 8 | | (A) The following terms shall have the meanings | 9 | | ascribed to them in the Unified Code of Corrections, | 10 | | 730 ILCS 5/5-1-2 through 5/5-1-22: | 11 | | (i) Business Offense (730 ILCS 5/5-1-2), | 12 | | (ii) Charge (730 ILCS 5/5-1-3), | 13 | | (iii) Court (730 ILCS 5/5-1-6), | 14 | | (iv) Defendant (730 ILCS 5/5-1-7), | 15 | | (v) Felony (730 ILCS 5/5-1-9), | 16 | | (vi) Imprisonment (730 ILCS 5/5-1-10), | 17 | | (vii) Judgment (730 ILCS 5/5-1-12), | 18 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), | 19 | | (ix) Offense (730 ILCS 5/5-1-15), | 20 | | (x) Parole (730 ILCS 5/5-1-16), | 21 | | (xi) Petty Offense (730 ILCS 5/5-1-17), | 22 | | (xii) Probation (730 ILCS 5/5-1-18), | 23 | | (xiii) Sentence (730 ILCS 5/5-1-19), | 24 | | (xiv) Supervision (730 ILCS 5/5-1-21), and | 25 | | (xv) Victim (730 ILCS 5/5-1-22). |
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| 1 | | (B) As used in this Section, "charge not initiated | 2 | | by arrest" means a charge (as defined by 730 ILCS | 3 | | 5/5-1-3) brought against a defendant where the | 4 | | defendant is not arrested prior to or as a direct | 5 | | result of the charge. | 6 | | (C) "Conviction" means a judgment of conviction or | 7 | | sentence entered upon a plea of guilty or upon a | 8 | | verdict or finding of guilty of an offense, rendered by | 9 | | a legally constituted jury or by a court of competent | 10 | | jurisdiction authorized to try the case without a jury. | 11 | | An order of supervision successfully completed by the | 12 | | petitioner is not a conviction. An order of qualified | 13 | | probation (as defined in subsection (a)(1)(J)) | 14 | | successfully completed by the petitioner is not a | 15 | | conviction. An order of supervision or an order of | 16 | | qualified probation that is terminated | 17 | | unsatisfactorily is a conviction, unless the | 18 | | unsatisfactory termination is reversed, vacated, or | 19 | | modified and the judgment of conviction, if any, is | 20 | | reversed or vacated. | 21 | | (D) "Criminal offense" means a petty offense, | 22 | | business offense, misdemeanor, felony, or municipal | 23 | | ordinance violation (as defined in subsection | 24 | | (a)(1)(H)). As used in this Section, a minor traffic | 25 | | offense (as defined in subsection (a)(1)(G)) shall not | 26 | | be considered a criminal offense. |
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| 1 | | (E) "Expunge" means to physically destroy the | 2 | | records or return them to the petitioner and to | 3 | | obliterate the petitioner's name from any official | 4 | | index or public record, or both. Nothing in this Act | 5 | | shall require the physical destruction of the circuit | 6 | | court file, but such records relating to arrests or | 7 | | charges, or both, ordered expunged shall be impounded | 8 | | as required by subsections (d)(9)(A)(ii) and | 9 | | (d)(9)(B)(ii). | 10 | | (F) As used in this Section, "last sentence" means | 11 | | the sentence, order of supervision, or order of | 12 | | qualified probation (as defined by subsection | 13 | | (a)(1)(J)), for a criminal offense (as defined by | 14 | | subsection (a)(1)(D)) that terminates last in time in | 15 | | any jurisdiction, regardless of whether the petitioner | 16 | | has included the criminal offense for which the | 17 | | sentence or order of supervision or qualified | 18 | | probation was imposed in his or her petition. If | 19 | | multiple sentences, orders of supervision, or orders | 20 | | of qualified probation terminate on the same day and | 21 | | are last in time, they shall be collectively considered | 22 | | the "last sentence" regardless of whether they were | 23 | | ordered to run concurrently. | 24 | | (G) "Minor traffic offense" means a petty offense, | 25 | | business offense, or Class C misdemeanor under the | 26 | | Illinois Vehicle Code or a similar provision of a |
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| 1 | | municipal or local ordinance. | 2 | | (H) "Municipal ordinance violation" means an | 3 | | offense defined by a municipal or local ordinance that | 4 | | is criminal in nature and with which the petitioner was | 5 | | charged or for which the petitioner was arrested and | 6 | | released without charging. | 7 | | (I) "Petitioner" means an adult or a minor | 8 | | prosecuted as an
adult who has applied for relief under | 9 | | this Section. | 10 | | (J) "Qualified probation" means an order of | 11 | | probation under Section 10 of the Cannabis Control Act, | 12 | | Section 410 of the Illinois Controlled Substances Act, | 13 | | Section 70 of the Methamphetamine Control and | 14 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | 15 | | of the Unified Code of Corrections, Section | 16 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | 17 | | those provisions existed before their deletion by | 18 | | Public Act 89-313), Section 10-102 of the Illinois | 19 | | Alcoholism and Other Drug Dependency Act, Section | 20 | | 40-10 of the Alcoholism and Other Drug Abuse and | 21 | | Dependency Act, or Section 10 of the Steroid Control | 22 | | Act. For the purpose of this Section, "successful | 23 | | completion" of an order of qualified probation under | 24 | | Section 10-102 of the Illinois Alcoholism and Other | 25 | | Drug Dependency Act and Section 40-10 of the Alcoholism | 26 | | and Other Drug Abuse and Dependency Act means that the |
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| 1 | | probation was terminated satisfactorily and the | 2 | | judgment of conviction was vacated. | 3 | | (K) "Seal" means to physically and electronically | 4 | | maintain the records, unless the records would | 5 | | otherwise be destroyed due to age, but to make the | 6 | | records unavailable without a court order, subject to | 7 | | the exceptions in Sections 12 and 13 of this Act. The | 8 | | petitioner's name shall also be obliterated from the | 9 | | official index required to be kept by the circuit court | 10 | | clerk under Section 16 of the Clerks of Courts Act, but | 11 | | any index issued by the circuit court clerk before the | 12 | | entry of the order to seal shall not be affected. | 13 | | (L) "Sexual offense committed against a minor" | 14 | | includes but is
not limited to the offenses of indecent | 15 | | solicitation of a child
or criminal sexual abuse when | 16 | | the victim of such offense is
under 18 years of age. | 17 | | (M) "Terminate" as it relates to a sentence or | 18 | | order of supervision or qualified probation includes | 19 | | either satisfactory or unsatisfactory termination of | 20 | | the sentence, unless otherwise specified in this | 21 | | Section. | 22 | | (2) Minor Traffic Offenses.
Orders of supervision or | 23 | | convictions for minor traffic offenses shall not affect a | 24 | | petitioner's eligibility to expunge or seal records | 25 | | pursuant to this Section. | 26 | | (3) Exclusions. Except as otherwise provided in |
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| 1 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | 2 | | of this Section, the court shall not order: | 3 | | (A) the sealing or expungement of the records of | 4 | | arrests or charges not initiated by arrest that result | 5 | | in an order of supervision for or conviction of:
(i) | 6 | | any sexual offense committed against a
minor; (ii) | 7 | | Section 11-501 of the Illinois Vehicle Code or a | 8 | | similar provision of a local ordinance; or (iii) | 9 | | Section 11-503 of the Illinois Vehicle Code or a | 10 | | similar provision of a local ordinance, unless the | 11 | | arrest or charge is for a misdemeanor violation of | 12 | | subsection (a) of Section 11-503 or a similar provision | 13 | | of a local ordinance, that occurred prior to the | 14 | | offender reaching the age of 25 years and the offender | 15 | | has no other conviction for violating Section 11-501 or | 16 | | 11-503 of the Illinois Vehicle Code or a similar | 17 | | provision of a local ordinance. | 18 | | (B) the sealing or expungement of records of minor | 19 | | traffic offenses (as defined in subsection (a)(1)(G)), | 20 | | unless the petitioner was arrested and released | 21 | | without charging. | 22 | | (C) the sealing of the records of arrests or | 23 | | charges not initiated by arrest which result in an | 24 | | order of supervision or a conviction for the following | 25 | | offenses: | 26 | | (i) offenses included in Article 11 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012 | 2 | | or a similar provision of a local ordinance, except | 3 | | Section 11-14 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012, or a similar provision of a | 5 | | local ordinance; | 6 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | 7 | | 26-5, or 48-1 of the Criminal Code of 1961 or the | 8 | | Criminal Code of 2012, or a similar provision of a | 9 | | local ordinance; | 10 | | (iii) Sections 12-3.1 or 12-3.2 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012, | 12 | | or Section 125 of the Stalking No Contact Order | 13 | | Act, or Section 219 of the Civil No Contact Order | 14 | | Act, or a similar provision of a local ordinance; | 15 | | (iv) offenses which are Class A misdemeanors | 16 | | under the Humane Care for Animals Act; or | 17 | | (v) any offense or attempted offense that | 18 | | would subject a person to registration under the | 19 | | Sex Offender Registration Act. | 20 | | (D) the sealing of the records of an arrest which | 21 | | results in
the petitioner being charged with a felony | 22 | | offense or records of a charge not initiated by arrest | 23 | | for a felony offense unless: | 24 | | (i) the charge is amended to a misdemeanor and | 25 | | is otherwise
eligible to be sealed pursuant to | 26 | | subsection (c); |
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| 1 | | (ii) the charge is brought along with another | 2 | | charge as a part of one case and the charge results | 3 | | in acquittal, dismissal, or conviction when the | 4 | | conviction was reversed or vacated, and another | 5 | | charge brought in the same case results in a | 6 | | disposition for a misdemeanor offense that is | 7 | | eligible to be sealed pursuant to subsection (c) or | 8 | | a disposition listed in paragraph (i), (iii), or | 9 | | (iv) of this subsection; | 10 | | (iii) the charge results in first offender | 11 | | probation as set forth in subsection (c)(2)(E); | 12 | | (iv) the charge is for a felony offense listed | 13 | | in subsection (c)(2)(F) or the charge is amended to | 14 | | a felony offense listed in subsection (c)(2)(F); | 15 | | (v) the charge results in acquittal, | 16 | | dismissal, or the petitioner's release without | 17 | | conviction; or | 18 | | (vi) the charge results in a conviction, but | 19 | | the conviction was reversed or vacated. | 20 | | (b) Expungement. | 21 | | (1) A petitioner may petition the circuit court to | 22 | | expunge the
records of his or her arrests and charges not | 23 | | initiated by arrest when: | 24 | | (A) He or she has never been convicted of a | 25 | | criminal offense; and | 26 | | (B) Each arrest or charge not initiated by arrest
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| 1 | | sought to be expunged resulted in:
(i) acquittal, | 2 | | dismissal, or the petitioner's release without | 3 | | charging, unless excluded by subsection (a)(3)(B);
| 4 | | (ii) a conviction which was vacated or reversed, unless | 5 | | excluded by subsection (a)(3)(B);
(iii) an order of | 6 | | supervision and such supervision was successfully | 7 | | completed by the petitioner, unless excluded by | 8 | | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | 9 | | qualified probation (as defined in subsection | 10 | | (a)(1)(J)) and such probation was successfully | 11 | | completed by the petitioner. | 12 | | (2) Time frame for filing a petition to expunge. | 13 | | (A) When the arrest or charge not initiated by | 14 | | arrest sought to be expunged resulted in an acquittal, | 15 | | dismissal, the petitioner's release without charging, | 16 | | or the reversal or vacation of a conviction, there is | 17 | | no waiting period to petition for the expungement of | 18 | | such records. | 19 | | (B) When the arrest or charge not initiated by | 20 | | arrest
sought to be expunged resulted in an order of | 21 | | supervision, successfully
completed by the petitioner, | 22 | | the following time frames will apply: | 23 | | (i) Those arrests or charges that resulted in | 24 | | orders of
supervision under Section 3-707, 3-708, | 25 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | 26 | | similar provision of a local ordinance, or under |
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| 1 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | 2 | | Code of 1961 or the Criminal Code of 2012, or a | 3 | | similar provision of a local ordinance, shall not | 4 | | be eligible for expungement until 5 years have | 5 | | passed following the satisfactory termination of | 6 | | the supervision. | 7 | | (i-5) Those arrests or charges that resulted | 8 | | in orders of supervision for a misdemeanor | 9 | | violation of subsection (a) of Section 11-503 of | 10 | | the Illinois Vehicle Code or a similar provision of | 11 | | a local ordinance, that occurred prior to the | 12 | | offender reaching the age of 25 years and the | 13 | | offender has no other conviction for violating | 14 | | Section 11-501 or 11-503 of the Illinois Vehicle | 15 | | Code or a similar provision of a local ordinance | 16 | | shall not be eligible for expungement until the | 17 | | petitioner has reached the age of 25 years. | 18 | | (ii) Those arrests or charges that resulted in | 19 | | orders
of supervision for any other offenses shall | 20 | | not be
eligible for expungement until 2 years have | 21 | | passed
following the satisfactory termination of | 22 | | the supervision. | 23 | | (C) When the arrest or charge not initiated by | 24 | | arrest sought to
be expunged resulted in an order of | 25 | | qualified probation, successfully
completed by the | 26 | | petitioner, such records shall not be eligible for
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| 1 | | expungement until 5 years have passed following the | 2 | | satisfactory
termination of the probation. | 3 | | (3) Those records maintained by the Department for
| 4 | | persons arrested prior to their 17th birthday shall be
| 5 | | expunged as provided in Section 5-915 of the Juvenile Court
| 6 | | Act of 1987. | 7 | | (4) Whenever a person has been arrested for or | 8 | | convicted of any
offense, in the name of a person whose | 9 | | identity he or she has stolen or otherwise
come into | 10 | | possession of, the aggrieved person from whom the identity
| 11 | | was stolen or otherwise obtained without authorization,
| 12 | | upon learning of the person having been arrested using his
| 13 | | or her identity, may, upon verified petition to the chief | 14 | | judge of
the circuit wherein the arrest was made, have a | 15 | | court order
entered nunc pro tunc by the Chief Judge to | 16 | | correct the
arrest record, conviction record, if any, and | 17 | | all official
records of the arresting authority, the | 18 | | Department, other
criminal justice agencies, the | 19 | | prosecutor, and the trial
court concerning such arrest, if | 20 | | any, by removing his or her name
from all such records in | 21 | | connection with the arrest and
conviction, if any, and by | 22 | | inserting in the records the
name of the offender, if known | 23 | | or ascertainable, in lieu of
the aggrieved's name. The | 24 | | records of the circuit court clerk shall be sealed until | 25 | | further order of
the court upon good cause shown and the | 26 | | name of the
aggrieved person obliterated on the official |
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| 1 | | index
required to be kept by the circuit court clerk under
| 2 | | Section 16 of the Clerks of Courts Act, but the order shall
| 3 | | not affect any index issued by the circuit court clerk
| 4 | | before the entry of the order. Nothing in this Section
| 5 | | shall limit the Department of State Police or other
| 6 | | criminal justice agencies or prosecutors from listing
| 7 | | under an offender's name the false names he or she has
| 8 | | used. | 9 | | (5) Whenever a person has been convicted of criminal
| 10 | | sexual assault, aggravated criminal sexual assault,
| 11 | | predatory criminal sexual assault of a child, criminal
| 12 | | sexual abuse, or aggravated criminal sexual abuse, the
| 13 | | victim of that offense may request that the State's
| 14 | | Attorney of the county in which the conviction occurred
| 15 | | file a verified petition with the presiding trial judge at
| 16 | | the petitioner's trial to have a court order entered to | 17 | | seal
the records of the circuit court clerk in connection
| 18 | | with the proceedings of the trial court concerning that
| 19 | | offense. However, the records of the arresting authority
| 20 | | and the Department of State Police concerning the offense
| 21 | | shall not be sealed. The court, upon good cause shown,
| 22 | | shall make the records of the circuit court clerk in
| 23 | | connection with the proceedings of the trial court
| 24 | | concerning the offense available for public inspection. | 25 | | (6) If a conviction has been set aside on direct review
| 26 | | or on collateral attack and the court determines by clear
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| 1 | | and convincing evidence that the petitioner was factually
| 2 | | innocent of the charge, the court that finds the petitioner | 3 | | factually innocent of the charge shall enter an
expungement | 4 | | order for the conviction for which the petitioner has been | 5 | | determined to be innocent as provided in subsection (b) of | 6 | | Section
5-5-4 of the Unified Code of Corrections. | 7 | | (7) Nothing in this Section shall prevent the | 8 | | Department of
State Police from maintaining all records of | 9 | | any person who
is admitted to probation upon terms and | 10 | | conditions and who
fulfills those terms and conditions | 11 | | pursuant to Section 10
of the Cannabis Control Act, Section | 12 | | 410 of the Illinois
Controlled Substances Act, Section 70 | 13 | | of the
Methamphetamine Control and Community Protection | 14 | | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | 15 | | Corrections, Section 12-4.3 or subdivision (b)(1) of | 16 | | Section 12-3.05 of the Criminal Code of 1961 or the | 17 | | Criminal Code of 2012, Section 10-102
of the Illinois | 18 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | 19 | | the Alcoholism and Other Drug Abuse and
Dependency Act, or | 20 | | Section 10 of the Steroid Control Act. | 21 | | (8) If the petitioner has been granted a certificate of | 22 | | innocence under Section 2-702 of the Code of Civil | 23 | | Procedure, the court that grants the certificate of | 24 | | innocence shall also enter an order expunging the | 25 | | conviction for which the petitioner has been determined to | 26 | | be innocent as provided in subsection (h) of Section 2-702 |
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| 1 | | of the Code of Civil Procedure. | 2 | | (c) Sealing. | 3 | | (1) Applicability. Notwithstanding any other provision | 4 | | of this Act to the contrary, and cumulative with any rights | 5 | | to expungement of criminal records, this subsection | 6 | | authorizes the sealing of criminal records of adults and of | 7 | | minors prosecuted as adults. | 8 | | (2) Eligible Records. The following records may be | 9 | | sealed: | 10 | | (A) All arrests resulting in release without | 11 | | charging; | 12 | | (B) Arrests or charges not initiated by arrest | 13 | | resulting in acquittal, dismissal, or conviction when | 14 | | the conviction was reversed or vacated, except as | 15 | | excluded by subsection (a)(3)(B); | 16 | | (C) Arrests or charges not initiated by arrest | 17 | | resulting in orders of supervision, including orders | 18 | | of supervision for municipal ordinance violations, | 19 | | successfully completed by the petitioner, unless | 20 | | excluded by subsection (a)(3); | 21 | | (D) Arrests or charges not initiated by arrest | 22 | | resulting in convictions, including convictions on | 23 | | municipal ordinance violations, unless excluded by | 24 | | subsection (a)(3); | 25 | | (E) Arrests or charges not initiated by arrest | 26 | | resulting in orders of first offender probation under |
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| 1 | | Section 10 of the Cannabis Control Act, Section 410 of | 2 | | the Illinois Controlled Substances Act, Section 70 of | 3 | | the Methamphetamine Control and Community Protection | 4 | | Act, or Section 5-6-3.3 of the Unified Code of | 5 | | Corrections; and | 6 | | (F) Arrests or charges not initiated by arrest | 7 | | resulting in felony convictions for the following | 8 | | offenses: | 9 | | (i) Class 4 felony convictions for: | 10 | | Prostitution under Section 11-14 of the | 11 | | Criminal Code of 1961 or the Criminal Code of | 12 | | 2012. | 13 | | Possession of cannabis under Section 4 of | 14 | | the Cannabis Control Act. | 15 | | Possession with intent to manufacture or | 16 | | deliver cannabis under Section 5 of the | 17 | | Cannabis Control Act. | 18 | | Possession of a controlled substance under | 19 | | Section 402 of the Illinois Controlled | 20 | | Substances Act. | 21 | | Offenses under the Methamphetamine | 22 | | Precursor Control Act. | 23 | | Offenses under the Steroid Control Act. | 24 | | Theft under Section 16-1 of the Criminal | 25 | | Code of 1961 or the Criminal Code of 2012. | 26 | | Retail theft under Section 16A-3 or |
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| 1 | | paragraph (a) of 16-25 of the Criminal Code of | 2 | | 1961 or the Criminal Code of 2012. | 3 | | Deceptive practices under Section 17-1 of | 4 | | the Criminal Code of 1961 or the Criminal Code | 5 | | of 2012. | 6 | | Forgery under Section 17-3 of the Criminal | 7 | | Code of 1961 or the Criminal Code of 2012. | 8 | | Possession of burglary tools under Section | 9 | | 19-2 of the Criminal Code of 1961 or the | 10 | | Criminal Code of 2012. | 11 | | (ii) Class 3 felony convictions for: | 12 | | Theft under Section 16-1 of the Criminal | 13 | | Code of 1961 or the Criminal Code of 2012. | 14 | | Retail theft under Section 16A-3 or | 15 | | paragraph (a) of 16-25 of the Criminal Code of | 16 | | 1961 or the Criminal Code of 2012. | 17 | | Deceptive practices under Section 17-1 of | 18 | | the Criminal Code of 1961 or the Criminal Code | 19 | | of 2012. | 20 | | Forgery under Section 17-3 of the Criminal | 21 | | Code of 1961 or the Criminal Code of 2012. | 22 | | Possession with intent to manufacture or | 23 | | deliver a controlled substance under Section | 24 | | 401 of the Illinois Controlled Substances Act. | 25 | | (3) When Records Are Eligible to Be Sealed. Records | 26 | | identified as eligible under subsection (c)(2) may be |
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| 1 | | sealed as follows: | 2 | | (A) Records identified as eligible under | 3 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | 4 | | time. | 5 | | (B) Records identified as eligible under | 6 | | subsection (c)(2)(C) may be sealed
(i) 3 years after | 7 | | the termination of petitioner's last sentence (as | 8 | | defined in subsection (a)(1)(F)) if the petitioner has | 9 | | never been convicted of a criminal offense (as defined | 10 | | in subsection (a)(1)(D)); or
(ii) 4 years after the | 11 | | termination of the petitioner's last sentence (as | 12 | | defined in subsection (a)(1)(F)) if the petitioner has | 13 | | ever been convicted of a criminal offense (as defined | 14 | | in subsection (a)(1)(D)). | 15 | | (C) Records identified as eligible under | 16 | | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | 17 | | sealed 4 years after the termination of the | 18 | | petitioner's last sentence (as defined in subsection | 19 | | (a)(1)(F)). | 20 | | (D) Records identified in subsection | 21 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 22 | | reached the age of 25 years. | 23 | | (4) Subsequent felony convictions. A person may not | 24 | | have
subsequent felony conviction records sealed as | 25 | | provided in this subsection
(c) if he or she is convicted | 26 | | of any felony offense after the date of the
sealing of |
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| 1 | | prior felony convictions as provided in this subsection | 2 | | (c). The court may, upon conviction for a subsequent felony | 3 | | offense, order the unsealing of prior felony conviction | 4 | | records previously ordered sealed by the court. | 5 | | (5) Notice of eligibility for sealing. Upon entry of a | 6 | | disposition for an eligible record under this subsection | 7 | | (c), the petitioner shall be informed by the court of the | 8 | | right to have the records sealed and the procedures for the | 9 | | sealing of the records. | 10 | | (d) Procedure. The following procedures apply to | 11 | | expungement under subsections (b), (e), and (e-6) and sealing | 12 | | under subsections (c) and (e-5): | 13 | | (1) Filing the petition. Upon becoming eligible to | 14 | | petition for
the expungement or sealing of records under | 15 | | this Section, the petitioner shall file a petition | 16 | | requesting the expungement
or sealing of records with the | 17 | | clerk of the court where the arrests occurred or the | 18 | | charges were brought, or both. If arrests occurred or | 19 | | charges were brought in multiple jurisdictions, a petition | 20 | | must be filed in each such jurisdiction. The petitioner | 21 | | shall pay the applicable fee, if not waived. | 22 | | (2) Contents of petition. The petition shall be
| 23 | | verified and shall contain the petitioner's name, date of
| 24 | | birth, current address and, for each arrest or charge not | 25 | | initiated by
arrest sought to be sealed or expunged, the | 26 | | case number, the date of
arrest (if any), the identity of |
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| 1 | | the arresting authority, and such
other information as the | 2 | | court may require. During the pendency
of the proceeding, | 3 | | the petitioner shall promptly notify the
circuit court | 4 | | clerk of any change of his or her address. If the | 5 | | petitioner has received a certificate of eligibility for | 6 | | sealing from the Prisoner Review Board under paragraph (10) | 7 | | of subsection (a) of Section 3-3-2 of the Unified Code of | 8 | | Corrections, the certificate shall be attached to the | 9 | | petition. | 10 | | (3) Drug test. The petitioner must attach to the | 11 | | petition proof that the petitioner has passed a test taken | 12 | | within 30 days before the filing of the petition showing | 13 | | the absence within his or her body of all illegal | 14 | | substances as defined by the Illinois Controlled | 15 | | Substances Act, the Methamphetamine Control and Community | 16 | | Protection Act, and the Cannabis Control Act if he or she | 17 | | is petitioning to: | 18 | | (A) seal felony records under clause (c)(2)(E); | 19 | | (B) seal felony records for a violation of the | 20 | | Illinois Controlled Substances Act, the | 21 | | Methamphetamine Control and Community Protection Act, | 22 | | or the Cannabis Control Act under clause (c)(2)(F); | 23 | | (C) seal felony records under subsection (e-5); or | 24 | | (D) expunge felony records of a qualified | 25 | | probation under clause (b)(1)(B)(iv). | 26 | | (4) Service of petition. The circuit court clerk shall |
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| 1 | | promptly
serve a copy of the petition and documentation to | 2 | | support the petition under subsection (e-5) or (e-6) on the | 3 | | State's Attorney or
prosecutor charged with the duty of | 4 | | prosecuting the
offense, the Department of State Police, | 5 | | the arresting
agency and the chief legal officer of the | 6 | | unit of local
government effecting the arrest. | 7 | | (5) Objections. | 8 | | (A) Any party entitled to notice of the petition | 9 | | may file an objection to the petition. All objections | 10 | | shall be in writing, shall be filed with the circuit | 11 | | court clerk, and shall state with specificity the basis | 12 | | of the objection. Whenever a person who has been | 13 | | convicted of an offense is granted
a pardon by the | 14 | | Governor which specifically authorizes expungement, an | 15 | | objection to the petition may not be filed. | 16 | | (B) Objections to a petition to expunge or seal | 17 | | must be filed within 60 days of the date of service of | 18 | | the petition. | 19 | | (6) Entry of order. | 20 | | (A) The Chief Judge of the circuit wherein the | 21 | | charge was brought, any judge of that circuit | 22 | | designated by the Chief Judge, or in counties of less | 23 | | than 3,000,000 inhabitants, the presiding trial judge | 24 | | at the petitioner's trial, if any, shall rule on the | 25 | | petition to expunge or seal as set forth in this | 26 | | subsection (d)(6). |
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| 1 | | (B) Unless the State's Attorney or prosecutor, the | 2 | | Department of
State Police, the arresting agency, or | 3 | | the chief legal officer
files an objection to the | 4 | | petition to expunge or seal within 60 days from the | 5 | | date of service of the petition, the court shall enter | 6 | | an order granting or denying the petition. | 7 | | (7) Hearings. If an objection is filed, the court shall | 8 | | set a date for a hearing and notify the petitioner and all | 9 | | parties entitled to notice of the petition of the hearing | 10 | | date at least 30 days prior to the hearing. Prior to the | 11 | | hearing, the State's Attorney shall consult with the | 12 | | Department as to the appropriateness of the relief sought | 13 | | in the petition to expunge or seal. At the hearing, the | 14 | | court shall hear evidence on whether the petition should or | 15 | | should not be granted, and shall grant or deny the petition | 16 | | to expunge or seal the records based on the evidence | 17 | | presented at the hearing. The court may consider the | 18 | | following: | 19 | | (A) the strength of the evidence supporting the | 20 | | defendant's conviction; | 21 | | (B) the reasons for retention of the conviction | 22 | | records by the State; | 23 | | (C) the petitioner's age, criminal record history, | 24 | | and employment history; | 25 | | (D) the period of time between the petitioner's | 26 | | arrest on the charge resulting in the conviction and |
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| 1 | | the filing of the petition under this Section; and | 2 | | (E) the specific adverse consequences the | 3 | | petitioner may be subject to if the petition is denied. | 4 | | (8) Service of order. After entering an order to | 5 | | expunge or
seal records, the court must provide copies of | 6 | | the order to the
Department, in a form and manner | 7 | | prescribed by the Department,
to the petitioner, to the | 8 | | State's Attorney or prosecutor
charged with the duty of | 9 | | prosecuting the offense, to the
arresting agency, to the | 10 | | chief legal officer of the unit of
local government | 11 | | effecting the arrest, and to such other
criminal justice | 12 | | agencies as may be ordered by the court. | 13 | | (9) Implementation of order. | 14 | | (A) Upon entry of an order to expunge records | 15 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | 16 | | (i) the records shall be expunged (as defined | 17 | | in subsection (a)(1)(E)) by the arresting agency, | 18 | | the Department, and any other agency as ordered by | 19 | | the court, within 60 days of the date of service of | 20 | | the order, unless a motion to vacate, modify, or | 21 | | reconsider the order is filed pursuant to | 22 | | paragraph (12) of subsection (d) of this Section; | 23 | | (ii) the records of the circuit court clerk | 24 | | shall be impounded until further order of the court | 25 | | upon good cause shown and the name of the | 26 | | petitioner obliterated on the official index |
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| 1 | | required to be kept by the circuit court clerk | 2 | | under Section 16 of the Clerks of Courts Act, but | 3 | | the order shall not affect any index issued by the | 4 | | circuit court clerk before the entry of the order; | 5 | | and | 6 | | (iii) in response to an inquiry for expunged | 7 | | records, the court, the Department, or the agency | 8 | | receiving such inquiry, shall reply as it does in | 9 | | response to inquiries when no records ever | 10 | | existed. | 11 | | (B) Upon entry of an order to expunge records | 12 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | 13 | | (i) the records shall be expunged (as defined | 14 | | in subsection (a)(1)(E)) by the arresting agency | 15 | | and any other agency as ordered by the court, | 16 | | within 60 days of the date of service of the order, | 17 | | unless a motion to vacate, modify, or reconsider | 18 | | the order is filed pursuant to paragraph (12) of | 19 | | subsection (d) of this Section; | 20 | | (ii) the records of the circuit court clerk | 21 | | shall be impounded until further order of the court | 22 | | upon good cause shown and the name of the | 23 | | petitioner obliterated on the official index | 24 | | required to be kept by the circuit court clerk | 25 | | under Section 16 of the Clerks of Courts Act, but | 26 | | the order shall not affect any index issued by the |
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| 1 | | circuit court clerk before the entry of the order; | 2 | | (iii) the records shall be impounded by the
| 3 | | Department within 60 days of the date of service of | 4 | | the order as ordered by the court, unless a motion | 5 | | to vacate, modify, or reconsider the order is filed | 6 | | pursuant to paragraph (12) of subsection (d) of | 7 | | this Section; | 8 | | (iv) records impounded by the Department may | 9 | | be disseminated by the Department only as required | 10 | | by law or to the arresting authority, the State's | 11 | | Attorney, and the court upon a later arrest for the | 12 | | same or a similar offense or for the purpose of | 13 | | sentencing for any subsequent felony, and to the | 14 | | Department of Corrections upon conviction for any | 15 | | offense; and | 16 | | (v) in response to an inquiry for such records | 17 | | from anyone not authorized by law to access such | 18 | | records, the court, the Department, or the agency | 19 | | receiving such inquiry shall reply as it does in | 20 | | response to inquiries when no records ever | 21 | | existed. | 22 | | (B-5) Upon entry of an order to expunge records | 23 | | under subsection (e-6): | 24 | | (i) the records shall be expunged (as defined | 25 | | in subsection (a)(1)(E)) by the arresting agency | 26 | | and any other agency as ordered by the court, |
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| 1 | | within 60 days of the date of service of the order, | 2 | | unless a motion to vacate, modify, or reconsider | 3 | | the order is filed under paragraph (12) of | 4 | | subsection (d) of this Section; | 5 | | (ii) the records of the circuit court clerk | 6 | | shall be impounded until further order of the court | 7 | | upon good cause shown and the name of the | 8 | | petitioner obliterated on the official index | 9 | | required to be kept by the circuit court clerk | 10 | | under Section 16 of the Clerks of Courts Act, but | 11 | | the order shall not affect any index issued by the | 12 | | circuit court clerk before the entry of the order; | 13 | | (iii) the records shall be impounded by the
| 14 | | Department within 60 days of the date of service of | 15 | | the order as ordered by the court, unless a motion | 16 | | to vacate, modify, or reconsider the order is filed | 17 | | under paragraph (12) of subsection (d) of this | 18 | | Section; | 19 | | (iv) records impounded by the Department may | 20 | | be disseminated by the Department only as required | 21 | | by law or to the arresting authority, the State's | 22 | | Attorney, and the court upon a later arrest for the | 23 | | same or a similar offense or for the purpose of | 24 | | sentencing for any subsequent felony, and to the | 25 | | Department of Corrections upon conviction for any | 26 | | offense; and |
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| 1 | | (v) in response to an inquiry for these records | 2 | | from anyone not authorized by law to access the | 3 | | records, the court, the Department, or the agency | 4 | | receiving the inquiry shall reply as it does in | 5 | | response to inquiries when no records ever | 6 | | existed. | 7 | | (C) Upon entry of an order to seal records under | 8 | | subsection
(c), the arresting agency, any other agency | 9 | | as ordered by the court, the Department, and the court | 10 | | shall seal the records (as defined in subsection | 11 | | (a)(1)(K)). In response to an inquiry for such records | 12 | | from anyone not authorized by law to access such | 13 | | records, the court, the Department, or the agency | 14 | | receiving such inquiry shall reply as it does in | 15 | | response to inquiries when no records ever existed. | 16 | | (D) The Department shall send written notice to the | 17 | | petitioner of its compliance with each order to expunge | 18 | | or seal records within 60 days of the date of service | 19 | | of that order or, if a motion to vacate, modify, or | 20 | | reconsider is filed, within 60 days of service of the | 21 | | order resolving the motion, if that order requires the | 22 | | Department to expunge or seal records. In the event of | 23 | | an appeal from the circuit court order, the Department | 24 | | shall send written notice to the petitioner of its | 25 | | compliance with an Appellate Court or Supreme Court | 26 | | judgment to expunge or seal records within 60 days of |
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| 1 | | the issuance of the court's mandate. The notice is not | 2 | | required while any motion to vacate, modify, or | 3 | | reconsider, or any appeal or petition for | 4 | | discretionary appellate review, is pending. | 5 | | (10) Fees. The Department may charge the petitioner a | 6 | | fee equivalent to the cost of processing any order to | 7 | | expunge or seal records. Notwithstanding any provision of | 8 | | the Clerks of Courts Act to the contrary, the circuit court | 9 | | clerk may charge a fee equivalent to the cost associated | 10 | | with the sealing or expungement of records by the circuit | 11 | | court clerk. From the total filing fee collected for the | 12 | | petition to seal or expunge, the circuit court clerk shall | 13 | | deposit $10 into the Circuit Court Clerk Operation and | 14 | | Administrative Fund, to be used to offset the costs | 15 | | incurred by the circuit court clerk in performing the | 16 | | additional duties required to serve the petition to seal or | 17 | | expunge on all parties. The circuit court clerk shall | 18 | | collect and forward the Department of State Police portion | 19 | | of the fee to the Department and it shall be deposited in | 20 | | the State Police Services Fund. | 21 | | (11) Final Order. No court order issued under the | 22 | | expungement or sealing provisions of this Section shall | 23 | | become final for purposes of appeal until 30 days after | 24 | | service of the order on the petitioner and all parties | 25 | | entitled to notice of the petition. | 26 | | (12) Motion to Vacate, Modify, or Reconsider. Under |
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| 1 | | Section 2-1203 of the Code of Civil Procedure, the | 2 | | petitioner or any party entitled to notice may file a | 3 | | motion to vacate, modify, or reconsider the order granting | 4 | | or denying the petition to expunge or seal within 60 days | 5 | | of service of the order. If filed more than 60 days after | 6 | | service of the order, a petition to vacate, modify, or | 7 | | reconsider shall comply with subsection (c) of Section | 8 | | 2-1401 of the Code of Civil Procedure. Upon filing of a | 9 | | motion to vacate, modify, or reconsider, notice of the | 10 | | motion shall be served upon the petitioner and all parties | 11 | | entitled to notice of the petition. | 12 | | (13) Effect of Order. An order granting a petition | 13 | | under the expungement or sealing provisions of this Section | 14 | | shall not be considered void because it fails to comply | 15 | | with the provisions of this Section or because of any error | 16 | | asserted in a motion to vacate, modify, or reconsider. The | 17 | | circuit court retains jurisdiction to determine whether | 18 | | the order is voidable and to vacate, modify, or reconsider | 19 | | its terms based on a motion filed under paragraph (12) of | 20 | | this subsection (d). | 21 | | (14) Compliance with Order Granting Petition to Seal | 22 | | Records. Unless a court has entered a stay of an order | 23 | | granting a petition to seal, all parties entitled to notice | 24 | | of the petition must fully comply with the terms of the | 25 | | order within 60 days of service of the order even if a | 26 | | party is seeking relief from the order through a motion |
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| 1 | | filed under paragraph (12) of this subsection (d) or is | 2 | | appealing the order. | 3 | | (15) Compliance with Order Granting Petition to | 4 | | Expunge Records. While a party is seeking relief from the | 5 | | order granting the petition to expunge through a motion | 6 | | filed under paragraph (12) of this subsection (d) or is | 7 | | appealing the order, and unless a court has entered a stay | 8 | | of that order, the parties entitled to notice of the | 9 | | petition must seal, but need not expunge, the records until | 10 | | there is a final order on the motion for relief or, in the | 11 | | case of an appeal, the issuance of that court's mandate. | 12 | | (16) The changes to this subsection (d) made by Public | 13 | | Act 98-163 apply to all petitions pending on August 5, 2013 | 14 | | (the effective date of Public Act 98-163) and to all orders | 15 | | ruling on a petition to expunge or seal on or after August | 16 | | 5, 2013 (the effective date of Public Act 98-163). | 17 | | (e) Whenever a person who has been convicted of an offense | 18 | | is granted
a pardon by the Governor which specifically | 19 | | authorizes expungement, he or she may,
upon verified petition | 20 | | to the Chief Judge of the circuit where the person had
been | 21 | | convicted, any judge of the circuit designated by the Chief | 22 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 23 | | presiding trial judge at the
defendant's trial, have a court | 24 | | order entered expunging the record of
arrest from the official | 25 | | records of the arresting authority and order that the
records | 26 | | of the circuit court clerk and the Department be sealed until
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| 1 | | further order of the court upon good cause shown or as | 2 | | otherwise provided
herein, and the name of the defendant | 3 | | obliterated from the official index
requested to be kept by the | 4 | | circuit court clerk under Section 16 of the Clerks
of Courts | 5 | | Act in connection with the arrest and conviction for the | 6 | | offense for
which he or she had been pardoned but the order | 7 | | shall not affect any index issued by
the circuit court clerk | 8 | | before the entry of the order. All records sealed by
the | 9 | | Department may be disseminated by the Department only to the | 10 | | arresting authority, the State's Attorney, and the court upon a | 11 | | later
arrest for the same or similar offense or for the purpose | 12 | | of sentencing for any
subsequent felony. Upon conviction for | 13 | | any subsequent offense, the Department
of Corrections shall | 14 | | have access to all sealed records of the Department
pertaining | 15 | | to that individual. Upon entry of the order of expungement, the
| 16 | | circuit court clerk shall promptly mail a copy of the order to | 17 | | the
person who was pardoned. | 18 | | (e-5) Whenever a person who has been convicted of an | 19 | | offense is granted a certificate of eligibility for sealing by | 20 | | the Prisoner Review Board which specifically authorizes | 21 | | sealing, he or she may, upon verified petition to the Chief | 22 | | Judge of the circuit where the person had been convicted, any | 23 | | judge of the circuit designated by the Chief Judge, or in | 24 | | counties of less than 3,000,000 inhabitants, the presiding | 25 | | trial judge at the petitioner's trial, have a court order | 26 | | entered sealing the record of arrest from the official records |
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| 1 | | of the arresting authority and order that the records of the | 2 | | circuit court clerk and the Department be sealed until further | 3 | | order of the court upon good cause shown or as otherwise | 4 | | provided herein, and the name of the petitioner obliterated | 5 | | from the official index requested to be kept by the circuit | 6 | | court clerk under Section 16 of the Clerks of Courts Act in | 7 | | connection with the arrest and conviction for the offense for | 8 | | which he or she had been granted the certificate but the order | 9 | | shall not affect any index issued by the circuit court clerk | 10 | | before the entry of the order. All records sealed by the | 11 | | Department may be disseminated by the Department only as | 12 | | required by this Act or to the arresting authority, a law | 13 | | enforcement agency, the State's Attorney, and the court upon a | 14 | | later arrest for the same or similar offense or for the purpose | 15 | | of sentencing for any subsequent felony. Upon conviction for | 16 | | any subsequent offense, the Department of Corrections shall | 17 | | have access to all sealed records of the Department pertaining | 18 | | to that individual. Upon entry of the order of sealing, the | 19 | | circuit court clerk shall promptly mail a copy of the order to | 20 | | the person who was granted the certificate of eligibility for | 21 | | sealing. | 22 | | (e-6) Whenever a person who has been convicted of an | 23 | | offense is granted a certificate of eligibility for expungement | 24 | | by the Prisoner Review Board which specifically authorizes | 25 | | expungement, he or she may, upon verified petition to the Chief | 26 | | Judge of the circuit where the person had been convicted, any |
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| 1 | | judge of the circuit designated by the Chief Judge, or in | 2 | | counties of less than 3,000,000 inhabitants, the presiding | 3 | | trial judge at the petitioner's trial, have a court order | 4 | | entered expunging the record of arrest from the official | 5 | | records of the arresting authority and order that the records | 6 | | of the circuit court clerk and the Department be sealed until | 7 | | further order of the court upon good cause shown or as | 8 | | otherwise provided herein, and the name of the petitioner | 9 | | obliterated from the official index requested to be kept by the | 10 | | circuit court clerk under Section 16 of the Clerks of Courts | 11 | | Act in connection with the arrest and conviction for the | 12 | | offense for which he or she had been granted the certificate | 13 | | but the order shall not affect any index issued by the circuit | 14 | | court clerk before the entry of the order. All records sealed | 15 | | by the Department may be disseminated by the Department only as | 16 | | required by this Act or to the arresting authority, a law | 17 | | enforcement agency, the State's Attorney, and the court upon a | 18 | | later arrest for the same or similar offense or for the purpose | 19 | | of sentencing for any subsequent felony. Upon conviction for | 20 | | any subsequent offense, the Department of Corrections shall | 21 | | have access to all expunged records of the Department | 22 | | pertaining to that individual. Upon entry of the order of | 23 | | expungement, the circuit court clerk shall promptly mail a copy | 24 | | of the order to the person who was granted the certificate of | 25 | | eligibility for expungement. | 26 | | (f) Subject to available funding, the Illinois Department
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| 1 | | of Corrections shall conduct a study of the impact of sealing,
| 2 | | especially on employment and recidivism rates, utilizing a
| 3 | | random sample of those who apply for the sealing of their
| 4 | | criminal records under Public Act 93-211. At the request of the
| 5 | | Illinois Department of Corrections, records of the Illinois
| 6 | | Department of Employment Security shall be utilized as
| 7 | | appropriate to assist in the study. The study shall not
| 8 | | disclose any data in a manner that would allow the
| 9 | | identification of any particular individual or employing unit.
| 10 | | The study shall be made available to the General Assembly no
| 11 | | later than September 1, 2010.
| 12 | | (Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13; | 13 | | 97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | 14 | | 1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150, | 15 | | eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, | 16 | | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, | 17 | | eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; | 18 | | 98-1009, eff. 1-1-15; revised 9-30-14.)
| 19 | | Section 115. The Pharmacy Practice Act is amended by | 20 | | changing Sections 6, 9, and 9.5 as follows:
| 21 | | (225 ILCS 85/6) (from Ch. 111, par. 4126)
| 22 | | (Section scheduled to be repealed on January 1, 2018)
| 23 | | Sec. 6. Each individual seeking
licensure as a registered | 24 | | pharmacist shall make application to the
Department and shall |
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| 1 | | provide evidence of the following:
| 2 | | 1. that he or she is a United States citizen or legally | 3 | | admitted alien;
| 4 | | 2. that he or she has not engaged in conduct or behavior | 5 | | determined to be
grounds for discipline under this Act;
| 6 | | 3. that he or she is a graduate of a first professional | 7 | | degree program in
pharmacy of a university recognized and | 8 | | approved by the Department;
| 9 | | 4. that he or she has successfully completed a program of | 10 | | practice experience
under the direct supervision of a | 11 | | pharmacist in a pharmacy
in this State, or in any other State; | 12 | | and
| 13 | | 5. that he or she has passed an examination recommended by | 14 | | the Board of Pharmacy
and authorized by the Department ; and .
| 15 | | 6. that he or she has submitted his or her fingerprints to | 16 | | the Department of State Police in the form and manner | 17 | | prescribed by the Department of State Police; these | 18 | | fingerprints shall be transmitted through a live scan | 19 | | fingerprint vendor licensed by the Department and shall be | 20 | | checked against the fingerprint records now and hereafter filed | 21 | | in the Department of State Police and Federal Bureau of | 22 | | Investigation criminal history records databases; the | 23 | | Department of State Police shall charge a fee for conducting | 24 | | the criminal history records check, which shall be deposited | 25 | | into the State Police Services Fund and shall not exceed the | 26 | | actual cost of the State and national criminal history records |
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| 1 | | check; the Department of State Police shall furnish, pursuant | 2 | | to positive identification, all Illinois conviction | 3 | | information and national criminal history records information | 4 | | to the Department; the Department may adopt any rules necessary | 5 | | to implement this subsection 6. | 6 | | The Department shall issue a license as a registered | 7 | | pharmacist to
any applicant who has qualified as aforesaid and | 8 | | who has filed the
required applications and paid the required | 9 | | fees in connection therewith;
and such registrant shall have | 10 | | the authority to practice the profession
of pharmacy in this | 11 | | State.
| 12 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 13 | | (225 ILCS 85/9) (from Ch. 111, par. 4129)
| 14 | | (Section scheduled to be repealed on January 1, 2018)
| 15 | | Sec. 9. Registration as pharmacy technician. Any person | 16 | | shall be entitled
to registration as a registered pharmacy | 17 | | technician who is of the age of 16
or over, has not engaged in | 18 | | conduct or behavior determined to be grounds for
discipline | 19 | | under this Act, is attending or has
graduated from an | 20 | | accredited high school or comparable school or educational
| 21 | | institution or received a high school equivalency certificate, | 22 | | and has filed a written application for registration on a form
| 23 | | to be prescribed and furnished by the Department for that | 24 | | purpose , and has submitted his or her fingerprints to the | 25 | | Department of State Police in the form and manner prescribed by |
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| 1 | | the Department of State Police. These fingerprints shall be | 2 | | transmitted through a live scan fingerprint vendor licensed by | 3 | | the Department and shall be checked against the fingerprint | 4 | | records now and hereafter filed in the Department of State | 5 | | Police and Federal Bureau of Investigation criminal history | 6 | | records databases. The Department of State Police shall charge | 7 | | a fee for conducting the criminal history records check, which | 8 | | shall be deposited into the State Police Services Fund and | 9 | | shall not exceed the actual cost of the State and national | 10 | | criminal history records check. The Department of State Police | 11 | | shall furnish, pursuant to positive identification, all | 12 | | Illinois conviction information and national criminal history | 13 | | records information to the Department. The Department may adopt | 14 | | any rules necessary to implement the background checks required | 15 | | under this Section . The
Department shall issue a certificate of
| 16 | | registration as a registered pharmacy technician to any | 17 | | applicant who has
qualified as aforesaid, and such registration | 18 | | shall be the sole authority
required to assist licensed | 19 | | pharmacists in the practice of pharmacy, under
the supervision | 20 | | of a licensed pharmacist. A registered pharmacy technician may, | 21 | | under the supervision of a pharmacist, assist in the practice | 22 | | of pharmacy and perform such functions as assisting in the | 23 | | dispensing process, offering counseling, receiving new verbal | 24 | | prescription orders, and having prescriber contact concerning | 25 | | prescription drug order clarification. A registered pharmacy | 26 | | technician may not engage in patient counseling, drug regimen |
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| 1 | | review, or clinical conflict resolution. | 2 | | Beginning on January 1, 2010, within 2 years after initial | 3 | | registration as a registered technician, a pharmacy technician | 4 | | must become certified by successfully passing the Pharmacy | 5 | | Technician Certification Board (PTCB) examination or another | 6 | | Board-approved pharmacy technician examination and register as | 7 | | a certified pharmacy technician with the Department in order to | 8 | | continue to perform pharmacy technician's duties. This | 9 | | requirement does not apply to pharmacy technicians registered | 10 | | prior to January 1, 2008.
| 11 | | Any person registered
as a pharmacy technician who is also | 12 | | enrolled in a first professional
degree program in pharmacy in | 13 | | a school or college of pharmacy or a
department of pharmacy of | 14 | | a university approved by the Department or has graduated from | 15 | | such a program within the last 18 months, shall be
considered a | 16 | | "student pharmacist"
and entitled to use the title "student | 17 | | pharmacist". A student pharmacist must meet all of the | 18 | | requirements for registration as a pharmacy technician set | 19 | | forth in this Section excluding the requirement of | 20 | | certification prior to the second registration renewal and pay | 21 | | the required pharmacy technician registration fees. A student | 22 | | pharmacist may, under the supervision of a pharmacist, assist | 23 | | in the practice of pharmacy and perform any and all functions | 24 | | delegated to him or her by the pharmacist. | 25 | | Any person seeking licensure as a pharmacist who has | 26 | | graduated from a pharmacy program outside the United States |
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| 1 | | must register as a pharmacy technician and shall be considered | 2 | | a "student pharmacist" and be entitled to use the title | 3 | | "student pharmacist" while completing the 1,200 clinical hours | 4 | | of training approved by the Board of Pharmacy described and for | 5 | | no more than 18 months after completion of these hours. These | 6 | | individuals are not required to become certified pharmacy | 7 | | technicians while completing their Board approved clinical | 8 | | training, but must become licensed as a pharmacist or become a | 9 | | certified pharmacy technician before the second pharmacy | 10 | | technician registration renewal following completion of the | 11 | | Board approved clinical training. | 12 | | The Department shall not renew the pharmacy technician | 13 | | license of any person who has been registered as a "student | 14 | | pharmacist" and has dropped out of or been expelled from an | 15 | | ACPE accredited college of pharmacy, who has failed to complete | 16 | | his or her 1,200 hours of Board approved clinical training | 17 | | within 24 months or who has failed the pharmacist licensure | 18 | | examination 3 times and shall require these individuals to meet | 19 | | the requirements of and become registered a certified pharmacy | 20 | | technician. | 21 | | The Department may
take any action set forth in Section 30 | 22 | | of this Act with regard to registrations
pursuant to this | 23 | | Section.
| 24 | | Any person who is enrolled in a non-traditional Pharm.D.
| 25 | | program at an ACPE accredited college of pharmacy and is a | 26 | | licensed pharmacist
under the laws of another United States |
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| 1 | | jurisdiction shall be permitted to
engage in the program of | 2 | | practice experience required in the academic program
by virtue | 3 | | of such license. Such person shall be exempt from the | 4 | | requirement
of registration as a registered pharmacy | 5 | | technician while engaged in the
program of practice experience | 6 | | required in the academic program.
| 7 | | An applicant for registration as a pharmacy technician may | 8 | | assist a
pharmacist in the practice of pharmacy for a period of | 9 | | up to
60 days prior to the issuance of a certificate of | 10 | | registration if the
applicant has submitted the required fee | 11 | | and an application for registration
to the Department. The | 12 | | applicant shall keep a copy of the submitted
application on the | 13 | | premises where the applicant is assisting in the
practice of | 14 | | pharmacy. The Department shall forward confirmation of receipt | 15 | | of the application with start and expiration dates of practice | 16 | | pending registration.
| 17 | | (Source: P.A. 98-718, eff. 1-1-15 .)
| 18 | | (225 ILCS 85/9.5) | 19 | | (Section scheduled to be repealed on January 1, 2018)
| 20 | | Sec. 9.5. Certified pharmacy technician. | 21 | | (a) An individual registered as a pharmacy technician under | 22 | | this Act may be registered as a certified pharmacy technician, | 23 | | if he or she meets all of the following requirements: | 24 | | (1) He or she has submitted a written application in | 25 | | the form and manner prescribed by the Department. |
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| 1 | | (2) He or she has attained the age of 18. | 2 | | (3) He or she is of good moral character, as determined | 3 | | by the Department. | 4 | | (4) He or she has (i) graduated from pharmacy | 5 | | technician training meeting the requirements set forth in | 6 | | subsection (a) of Section 17.1 of this Act or (ii) obtained | 7 | | documentation from the pharmacist-in-charge of the | 8 | | pharmacy where the applicant is employed verifying that he | 9 | | or she has successfully completed a training program and | 10 | | has successfully completed an objective assessment | 11 | | mechanism prepared in accordance with rules established by | 12 | | the Department. | 13 | | (5) He or she has successfully passed an examination | 14 | | accredited by the National Organization of Certifying | 15 | | Agencies, as approved and required by the Board. | 16 | | (6) He or she has paid the required certification fees. | 17 | | (7) He or she has submitted his or her fingerprints to | 18 | | the Department of State Police in the form and manner | 19 | | prescribed by the Department of State Police. These | 20 | | fingerprints shall be transmitted through a live scan | 21 | | fingerprint vendor licensed by the Department and shall be | 22 | | checked against the fingerprint records now and hereafter | 23 | | filed in the Department of State Police and Federal Bureau | 24 | | of Investigation criminal history records databases. The | 25 | | Department of State Police shall charge a fee for | 26 | | conducting the criminal history records check, which shall |
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| 1 | | be deposited into the State Police Services Fund and shall | 2 | | not exceed the actual cost of the State and national | 3 | | criminal history records check. The Department of State | 4 | | Police shall furnish, pursuant to positive identification, | 5 | | all Illinois conviction information and national criminal | 6 | | history records information to the Department. The | 7 | | Department may adopt any rules necessary to implement this | 8 | | paragraph (7). | 9 | | (b) No pharmacist whose license has been denied, revoked, | 10 | | suspended, or restricted for disciplinary purposes may be | 11 | | eligible to be registered as a certified pharmacy technician. | 12 | | (c) The Department may, by rule, establish any additional | 13 | | requirements for certification under this Section.
| 14 | | (d) A person who is not a registered pharmacy technician | 15 | | and meets the requirements of this Section may register as a | 16 | | certified pharmacy technician without first registering as a | 17 | | pharmacy technician. | 18 | | (Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.) | 19 | | Section 120. The Cannabis Control Act is amended by | 20 | | changing Section 5.2 as follows:
| 21 | | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
| 22 | | Sec. 5.2. Delivery of cannabis on school grounds.
| 23 | | (a) Any person who violates subsection (e) of Section 5 in | 24 | | any school,
on the real property comprising any school, or any |
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| 1 | | conveyance owned, leased
or contracted by a school to transport | 2 | | students to or from school or a
school related activity, or on | 3 | | any public way within
1,000 feet of the real property | 4 | | comprising any school, or any conveyance
owned, leased or | 5 | | contracted by a school to transport students to or from
school | 6 | | or a school related activity, and at the time of the violation | 7 | | persons under the age 18 are present, other than the person who | 8 | | committed the offense, the offense is committed during school | 9 | | hours, or the offense is committed at times when persons under | 10 | | the age of 18 are reasonably expected to be present in the | 11 | | school, in the conveyance, on the real property, or on the | 12 | | public way, such as when after-school activities are occurring, | 13 | | is guilty of a Class
1 felony, the fine for which shall not | 14 | | exceed $200,000;
| 15 | | (b) Any person who violates subsection (d) of Section 5 in | 16 | | any school,
on the real property comprising any school, or any | 17 | | conveyance owned, leased
or contracted by a school to transport | 18 | | students to or from school or a
school related activity, or on | 19 | | any public way within 1,000 feet of the real
property | 20 | | comprising any school, or any conveyance owned, leased or
| 21 | | contracted by a school to transport students to or from school | 22 | | or a school
related activity, and at the time of the violation | 23 | | persons under the age 18 are present, other than the person who | 24 | | committed the offense, the offense is committed during school | 25 | | hours, or the offense is committed at times when persons under | 26 | | the age of 18 are reasonably expected to be present in the |
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| 1 | | school, in the conveyance, on the real property, or on the | 2 | | public way, such as when after-school activities are occurring, | 3 | | is guilty of a Class 2 felony, the fine for which shall
not | 4 | | exceed $100,000;
| 5 | | (c) Any person who violates subsection (c) of Section 5 in | 6 | | any school,
on the real property comprising any school, or any | 7 | | conveyance owned, leased
or contracted by a school to transport | 8 | | students to or from school or a
school related activity, or on | 9 | | any public way within 1,000 feet of the real
property | 10 | | comprising any school, or any conveyance owned, leased or
| 11 | | contracted by a school to transport students to or from school | 12 | | or a school
related activity, and at the time of the violation | 13 | | persons under the age 18 are present, other than the person who | 14 | | committed the offense, the offense is committed during school | 15 | | hours, or the offense is committed at times when persons under | 16 | | the age of 18 are reasonably expected to be present in the | 17 | | school, in the conveyance, on the real property, or on the | 18 | | public way, such as when after-school activities are occurring, | 19 | | is guilty of a Class 3 felony, the fine for which shall
not | 20 | | exceed $50,000;
| 21 | | (d) Any person who violates subsection (b) of Section 5 in | 22 | | any school,
on the real property comprising any school, or any | 23 | | conveyance owned, leased
or contracted by a school to transport | 24 | | students to or from school or a
school related activity, or on | 25 | | any public way within 1,000 feet of the real
property | 26 | | comprising any school, or any conveyance owned, leased or
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| 1 | | contracted by a school to transport students to or from school | 2 | | or a school
related activity, and at the time of the violation | 3 | | persons under the age 18 are present, other than the person who | 4 | | committed the offense, the offense is committed during school | 5 | | hours, or the offense is committed at times when persons under | 6 | | the age of 18 are reasonably expected to be present in the | 7 | | school, in the conveyance, on the real property, or on the | 8 | | public way, such as when after-school activities are occurring, | 9 | | is guilty of a Class 4 felony, the fine for which shall
not | 10 | | exceed $25,000;
| 11 | | (e) Any person who violates subsection (a) of Section 5 in | 12 | | any school,
on the real property comprising any school, or any | 13 | | conveyance owned, leased
or contracted by a school to transport | 14 | | students to or from school or a
school related activity, on any | 15 | | public way within 1,000 feet of the real
property comprising | 16 | | any school, or any conveyance owned, leased or
contracted by a | 17 | | school to transport students to or from school or a school
| 18 | | related activity, and at the time of the violation persons | 19 | | under the age 18 are present, other than the person who | 20 | | committed the offense, the offense is committed during school | 21 | | hours, or the offense is committed at times when persons under | 22 | | the age of 18 are reasonably expected to be present in the | 23 | | school, in the conveyance, on the real property, or on the | 24 | | public way, such as when after-school activities are occurring, | 25 | | is guilty of a Class A misdemeanor.
| 26 | | (Source: P.A. 87-544.)
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| 1 | | Section 125. The Illinois Controlled Substances Act is | 2 | | amended by changing Section 407 as follows:
| 3 | | (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
| 4 | | Sec. 407. (a) (1)(A) Any person 18 years of age or over who | 5 | | violates any
subsection of Section 401 or subsection (b) of | 6 | | Section 404 by delivering a
controlled, counterfeit or | 7 | | look-alike substance to a person under 18 years
of age may be | 8 | | sentenced to imprisonment for a term up to twice the maximum
| 9 | | term and fined an amount up to twice that amount otherwise | 10 | | authorized by
the pertinent subsection of Section 401 and | 11 | | Subsection (b) of Section 404.
| 12 | | (B) (Blank).
| 13 | | (2) Except as provided in paragraph (3) of this subsection, | 14 | | any person
who violates:
| 15 | | (A) subsection (c) of Section 401 by delivering or | 16 | | possessing with
intent to deliver a controlled, | 17 | | counterfeit, or look-alike substance in or
on, or within | 18 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 19 | | of
a Class 1 felony, the fine for which shall not exceed | 20 | | $250,000;
| 21 | | (B) subsection (d) of Section 401 by delivering or | 22 | | possessing with
intent to deliver a controlled, | 23 | | counterfeit, or look-alike substance in or
on, or within | 24 | | 1,000 feet of, a truck stop or safety rest area, is guilty |
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| 1 | | of
a Class 2 felony, the fine for which shall not exceed | 2 | | $200,000;
| 3 | | (C) subsection (e) of Section 401 or subsection (b) of | 4 | | Section 404
by delivering or possessing with intent to | 5 | | deliver a controlled,
counterfeit, or look-alike substance | 6 | | in or on, or within 1,000 feet of, a
truck stop or safety | 7 | | rest area, is guilty of a Class 3 felony, the fine for
| 8 | | which shall not exceed $150,000;
| 9 | | (D) subsection (f) of Section 401 by delivering or | 10 | | possessing with
intent to deliver a controlled, | 11 | | counterfeit, or look-alike substance in or
on, or within | 12 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 13 | | of
a Class 3 felony, the fine for which shall not exceed | 14 | | $125,000;
| 15 | | (E) subsection (g) of Section 401 by delivering or | 16 | | possessing with
intent to deliver a controlled, | 17 | | counterfeit, or look-alike substance in or
on, or within | 18 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 19 | | of
a Class 3 felony, the fine for which shall not exceed | 20 | | $100,000;
| 21 | | (F) subsection (h) of Section 401 by delivering or | 22 | | possessing with
intent to deliver a controlled, | 23 | | counterfeit, or look-alike substance in or
on, or within | 24 | | 1,000 feet of, a truck stop or safety rest area, is guilty | 25 | | of
a Class 3 felony, the fine for which shall not exceed | 26 | | $75,000;
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| 1 | | (3) Any person who violates paragraph (2) of this | 2 | | subsection (a) by
delivering or possessing with intent to | 3 | | deliver a controlled, counterfeit,
or look-alike substance in | 4 | | or on, or within 1,000 feet of a truck stop or a
safety rest | 5 | | area, following a prior conviction or convictions of paragraph
| 6 | | (2) of this subsection (a) may be sentenced to a term of | 7 | | imprisonment up to
2 times the maximum term and fined an amount | 8 | | up to 2 times the amount
otherwise authorized by Section 401.
| 9 | | (4) For the purposes of this subsection (a):
| 10 | | (A) "Safety rest area" means a roadside facility | 11 | | removed from the
roadway with parking and facilities | 12 | | designed for motorists' rest, comfort,
and information | 13 | | needs; and
| 14 | | (B) "Truck stop" means any facility (and its parking | 15 | | areas) used to
provide fuel or service, or both, to any | 16 | | commercial motor vehicle as
defined in Section 18b-101 of | 17 | | the Illinois Vehicle Code.
| 18 | | (b) Any person who violates:
| 19 | | (1) subsection (c) of Section 401 is guilty of a Class | 20 | | X felony the fine for which shall not exceed $500,000 if he | 21 | | or she commits the violation: | 22 | | (A) in any school, or any conveyance
owned, leased | 23 | | or contracted by a school to transport students to or | 24 | | from
school or a school related activity, or on the | 25 | | real property comprising any school, or within 1,000 | 26 | | feet of the real property comprising any school, and at |
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| 1 | | the time of the violation persons under the age 18 are | 2 | | present, other than the person who committed the | 3 | | offense, the offense is committed during school hours, | 4 | | or the offense is committed at times when persons under | 5 | | the age of 18 are reasonably expected to be present in | 6 | | the school, in the conveyance, or on the real property, | 7 | | such as when after-school activities are occurring, | 8 | | (B) on residential property owned, operated or
| 9 | | managed by a public housing agency or leased by a | 10 | | public housing agency as part
of a scattered site or | 11 | | mixed-income development, or public park, on the real
| 12 | | property comprising any school or residential property | 13 | | owned, operated or
managed by a public housing agency | 14 | | or leased by a public housing agency as part
of a | 15 | | scattered site or mixed-income development, or public | 16 | | park or
within 1,000 feet of the real property | 17 | | comprising any school or
residential property owned, | 18 | | operated or managed by a public housing
agency
or | 19 | | leased by a public housing agency as part of a | 20 | | scattered site or
mixed-income development, or public | 21 | | park, | 22 | | (C) on the real property comprising any
church, | 23 | | synagogue, or
other building, structure, or place used | 24 | | primarily for religious worship, or
within 1,000 feet | 25 | | of the real property comprising any church, synagogue, | 26 | | or
other building, structure, or place used primarily |
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| 1 | | for religious worship, or | 2 | | (D) on
the real property comprising any of the | 3 | | following places, buildings, or
structures used | 4 | | primarily for housing or providing space for | 5 | | activities for
senior citizens: nursing homes, | 6 | | assisted-living centers, senior citizen housing
| 7 | | complexes, or senior centers oriented toward daytime | 8 | | activities, or within
1,000 feet of the real property | 9 | | comprising any of the following places,
buildings, or | 10 | | structures used primarily for housing or providing | 11 | | space for
activities for senior citizens: nursing | 12 | | homes, assisted-living centers, senior
citizen housing | 13 | | complexes, or senior centers oriented toward daytime | 14 | | activities
is guilty of a Class X felony, the fine for | 15 | | which shall not
exceed $500,000 ;
| 16 | | (2) subsection (d) of Section 401 is guilty of a Class | 17 | | 1 felony the fine for which shall not exceed $250,000 if he | 18 | | or she commits the violation: | 19 | | (A) in any school, or any conveyance
owned, leased | 20 | | or contracted by a school to transport students to or | 21 | | from
school or a school related activity, or on the | 22 | | real property comprising any school, or within 1,000 | 23 | | feet of the real property comprising any school, and at | 24 | | the time of the violation persons under the age 18 are | 25 | | present, other than the person who committed the | 26 | | offense, the offense is committed during school hours, |
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| 1 | | or the offense is committed at times when persons under | 2 | | the age of 18 are reasonably expected to be present in | 3 | | the school, in the conveyance, or on the real property, | 4 | | such as when after-school activities are occurring, | 5 | | (B) on residential property owned,
operated or | 6 | | managed by a public housing agency or leased by a | 7 | | public housing
agency as part of a scattered site or | 8 | | mixed-income development, or public park,
on the real | 9 | | property comprising any school or residential property | 10 | | owned,
operated or managed by a public housing agency | 11 | | or leased by a public housing
agency as part of a | 12 | | scattered site or mixed-income development, or public | 13 | | park
or within 1,000 feet of the real property | 14 | | comprising any school or residential
property owned, | 15 | | operated or managed by a public housing agency or | 16 | | leased by a
public housing agency as part of a | 17 | | scattered site or mixed-income development,
or public | 18 | | park, | 19 | | (C) on the real property comprising any church, | 20 | | synagogue, or other
building, structure, or place used | 21 | | primarily for religious worship, or
within 1,000 feet | 22 | | of the real property comprising any church,
synagogue, | 23 | | or other building, structure, or place used primarily | 24 | | for religious
worship, or | 25 | | (D) on the real property comprising any of the | 26 | | following places,
buildings, or
structures used |
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| 1 | | primarily for housing or providing space for | 2 | | activities for
senior citizens: nursing homes, | 3 | | assisted-living centers, senior citizen housing
| 4 | | complexes, or senior centers oriented toward daytime | 5 | | activities, or within
1,000 feet of the real property | 6 | | comprising any of the following
places, buildings, or | 7 | | structures used primarily for housing or providing | 8 | | space
for activities for senior citizens: nursing | 9 | | homes, assisted-living centers,
senior citizen housing | 10 | | complexes, or senior centers oriented toward daytime
| 11 | | activities is guilty of a Class 1 felony, the fine for | 12 | | which shall not exceed
$250,000 ;
| 13 | | (3) subsection (e) of Section 401 or Subsection (b) of | 14 | | Section 404 is guilty of a Class 2 felony the fine for | 15 | | which shall not exceed $200,000 if he or she commits the | 16 | | violation: | 17 | | (A) in
any school, or any conveyance owned, leased | 18 | | or contracted by a school to
transport students to or | 19 | | from school or a school related activity, or on the | 20 | | real property comprising any school, or within 1,000 | 21 | | feet of the real property comprising any school, and at | 22 | | the time of the violation persons under the age 18 are | 23 | | present, other than the person who committed the | 24 | | offense, the offense is committed during school hours, | 25 | | or the offense is committed at times when persons under | 26 | | the age of 18 are reasonably expected to be present in |
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| 1 | | the school, in the conveyance, or on the real property, | 2 | | such as when after-school activities are occurring, | 3 | | (B) on
residential property owned, operated or | 4 | | managed by a public housing agency or
leased by a | 5 | | public housing agency as part of a scattered site or | 6 | | mixed-income
development, or public park, on the real | 7 | | property comprising any school or
residential property | 8 | | owned, operated or managed by a public housing agency | 9 | | or
leased by a public housing agency as part of a | 10 | | scattered site or mixed-income
development, or public | 11 | | park or within 1,000 feet of the real property
| 12 | | comprising
any school or residential property owned, | 13 | | operated or managed by a
public housing agency or | 14 | | leased by a public housing agency as part of a
| 15 | | scattered site or mixed-income development, or public | 16 | | park, | 17 | | (C) on the real
property comprising any church, | 18 | | synagogue, or other building, structure, or
place used | 19 | | primarily for religious worship, or within 1,000 feet | 20 | | of the real
property comprising any church, synagogue, | 21 | | or other building, structure, or
place used primarily | 22 | | for religious worship, or | 23 | | (D) on the real property comprising any
of the | 24 | | following places, buildings, or structures used | 25 | | primarily for housing or
providing space for | 26 | | activities for
senior citizens: nursing homes, |
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| 1 | | assisted-living centers, senior citizen housing
| 2 | | complexes, or senior centers oriented toward daytime | 3 | | activities, or within
1,000 feet of the real property | 4 | | comprising any of the following
places, buildings, or | 5 | | structures used primarily for housing or providing | 6 | | space
for activities for senior citizens: nursing | 7 | | homes, assisted-living centers,
senior citizen housing | 8 | | complexes, or senior centers oriented toward daytime
| 9 | | activities is guilty of a Class 2 felony, the fine for
| 10 | | which shall not exceed $200,000 ;
| 11 | | (4) subsection (f) of Section 401 is guilty of a Class | 12 | | 2 felony the fine for which shall not exceed $150,000 if he | 13 | | or she commits the violation: | 14 | | (A) in any school, or any conveyance
owned, leased | 15 | | or contracted by a school to transport students to or | 16 | | from
school or a school related activity, or on the | 17 | | real property comprising any school, or within 1,000 | 18 | | feet of the real property comprising any school, and at | 19 | | the time of the violation persons under the age 18 are | 20 | | present, other than the person who committed the | 21 | | offense, the offense is committed during school hours, | 22 | | or the offense is committed at times when persons under | 23 | | the age of 18 are reasonably expected to be present in | 24 | | the school, in the conveyance, or on the real property, | 25 | | such as when after-school activities are occurring, | 26 | | (B) on residential property owned,
operated or |
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| 1 | | managed by a public housing agency
or leased by a | 2 | | public housing agency as part of a scattered site or
| 3 | | mixed-income development,
or public park, on the real
| 4 | | property comprising any school or residential property | 5 | | owned, operated or
managed by a public housing agency
| 6 | | or leased by a public housing agency as part of a | 7 | | scattered site or
mixed-income development,
or public | 8 | | park or
within 1,000 feet of the real property | 9 | | comprising any school or residential
property owned, | 10 | | operated or managed by a public housing agency
or | 11 | | leased by a public housing agency as part of a | 12 | | scattered site or
mixed-income development,
or public
| 13 | | park, | 14 | | (C) on the real property comprising any church, | 15 | | synagogue, or other
building,
structure, or place used | 16 | | primarily for religious worship, or
within 1,000 feet | 17 | | of the real property comprising any church,
synagogue, | 18 | | or other building, structure, or place used primarily | 19 | | for religious
worship, or | 20 | | (D) on the real property comprising any of the | 21 | | following places,
buildings, or
structures used | 22 | | primarily for housing or providing space for | 23 | | activities for
senior citizens: nursing homes, | 24 | | assisted-living centers, senior citizen housing
| 25 | | complexes, or senior centers oriented toward daytime | 26 | | activities, or within
1,000 feet of the real property |
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| 1 | | comprising any of the following
places, buildings, or | 2 | | structures used primarily for housing or providing | 3 | | space
for activities for senior citizens: nursing | 4 | | homes, assisted-living centers,
senior citizen housing | 5 | | complexes, or senior centers oriented toward daytime
| 6 | | activities
is guilty of a Class 2 felony, the fine for | 7 | | which shall not exceed
$150,000 ;
| 8 | | (5) subsection (g) of Section 401 is guilty of a Class | 9 | | 2 felony the fine for which shall not exceed $125,000 if he | 10 | | or she commits the violation: | 11 | | (A) in any school, or any conveyance
owned, leased | 12 | | or contracted by a school to transport students to or | 13 | | from
school or a school related activity, or on the | 14 | | real property comprising any school, or within 1,000 | 15 | | feet of the real property comprising any school, and at | 16 | | the time of the violation persons under the age 18 are | 17 | | present, other than the person who committed the | 18 | | offense, the offense is committed during school hours, | 19 | | or the offense is committed at times when persons under | 20 | | the age of 18 are reasonably expected to be present in | 21 | | the school, in the conveyance, or on the real property, | 22 | | such as when after-school activities are occurring, | 23 | | (B) on residential property owned,
operated or | 24 | | managed by a public housing agency
or leased by a | 25 | | public housing agency as part of a scattered site or
| 26 | | mixed-income development,
or public park, on the real
|
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| 1 | | property comprising any school or residential property | 2 | | owned, operated or
managed by a public housing agency
| 3 | | or leased by a public housing agency as part of a | 4 | | scattered site or
mixed-income development,
or public | 5 | | park or
within 1,000 feet of the real property | 6 | | comprising any school or residential
property owned, | 7 | | operated or managed by a public housing agency
or | 8 | | leased by a public housing agency as part of a | 9 | | scattered site or
mixed-income development,
or public
| 10 | | park, | 11 | | (C) on the real property comprising any church, | 12 | | synagogue, or other
building,
structure, or place used | 13 | | primarily for religious worship, or
within 1,000 feet | 14 | | of the real property comprising any church,
synagogue, | 15 | | or other building, structure, or place used primarily | 16 | | for religious
worship, or | 17 | | (D) on the real property comprising any of the | 18 | | following places,
buildings, or
structures used | 19 | | primarily for housing or providing space for | 20 | | activities for
senior citizens: nursing homes, | 21 | | assisted-living centers, senior citizen housing
| 22 | | complexes, or senior centers oriented toward daytime | 23 | | activities, or within
1,000 feet of the real property | 24 | | comprising any of the following
places, buildings, or | 25 | | structures used primarily for housing or providing | 26 | | space
for activities for senior citizens: nursing |
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| 1 | | homes, assisted-living centers,
senior citizen housing | 2 | | complexes, or senior centers oriented toward daytime
| 3 | | activities
is guilty of a Class 2 felony, the fine for | 4 | | which shall not exceed $125,000 ; or
| 5 | | (6) subsection (h) of Section 401 is guilty of a Class | 6 | | 2 felony the fine for which shall not exceed $100,000 if he | 7 | | or she commits the violation: | 8 | | (A) in any school, or any conveyance
owned, leased | 9 | | or contracted by a school to transport students to or | 10 | | from
school or a school related activity, or on the | 11 | | real property comprising any school, or within 1,000 | 12 | | feet of the real property comprising any school, and at | 13 | | the time of the violation persons under the age 18 are | 14 | | present, other than the person who committed the | 15 | | offense, the offense is committed during school hours, | 16 | | or the offense is committed at times when persons under | 17 | | the age of 18 are reasonably expected to be present in | 18 | | the school, in the conveyance, or on the real property, | 19 | | such as when after-school activities are occurring, | 20 | | (B) on residential property owned,
operated or | 21 | | managed by a public housing agency
or leased by a | 22 | | public housing agency as part of a scattered site or
| 23 | | mixed-income development,
or public park, on the real
| 24 | | property comprising any school or residential property | 25 | | owned, operated or
managed by a public housing agency
| 26 | | or leased by a public housing agency as part of a |
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| 1 | | scattered site or
mixed-income development,
or public | 2 | | park or within 1,000 feet of the real property | 3 | | comprising any school
or residential
property owned, | 4 | | operated or managed by a public housing agency
or | 5 | | leased by a public housing agency as part of a | 6 | | scattered site or
mixed-income development,
or public
| 7 | | park, | 8 | | (C) on the real property comprising any church, | 9 | | synagogue, or other
building,
structure, or place used | 10 | | primarily for religious worship, or
within 1,000 feet | 11 | | of the real property comprising any church,
synagogue, | 12 | | or other building, structure, or place used primarily | 13 | | for religious
worship, or | 14 | | (D) on the real property comprising any of the | 15 | | following places,
buildings, or
structures used | 16 | | primarily for housing or providing space for | 17 | | activities for
senior citizens: nursing homes, | 18 | | assisted-living centers, senior citizen housing
| 19 | | complexes, or senior centers oriented toward daytime | 20 | | activities, or within
1,000 feet of the real property | 21 | | comprising any of the following
places, buildings, or | 22 | | structures used primarily for housing or providing | 23 | | space
for activities for senior citizens: nursing | 24 | | homes, assisted-living centers,
senior citizen housing | 25 | | complexes, or senior centers oriented toward daytime
| 26 | | activities
is guilty of a Class 2 felony, the fine for |
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| 1 | | which shall not exceed
$100,000 .
| 2 | | (c) (Blank). Regarding penalties prescribed in subsection
| 3 | | (b) for violations committed in a school or on or within
1,000 | 4 | | feet of school property, the time of day, time of year and | 5 | | whether
classes were currently in session at the time of the | 6 | | offense is irrelevant.
| 7 | | (Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
| 8 | | Section 130. The Methamphetamine Control and Community | 9 | | Protection Act is amended by changing Section 55 as follows: | 10 | | (720 ILCS 646/55)
| 11 | | Sec. 55. Methamphetamine delivery. | 12 | | (a) Delivery or possession with intent to deliver | 13 | | methamphetamine or a substance containing methamphetamine.
| 14 | | (1) It is unlawful knowingly to engage in the delivery | 15 | | or possession with intent to deliver methamphetamine or a | 16 | | substance containing methamphetamine.
| 17 | | (2) A person who violates paragraph (1) of this | 18 | | subsection (a) is subject to the following penalties:
| 19 | | (A) A person who delivers or possesses with intent | 20 | | to deliver less than 5 grams of methamphetamine or a | 21 | | substance containing methamphetamine is guilty of a | 22 | | Class 2 felony.
| 23 | | (B) A person who delivers or possesses with intent | 24 | | to deliver 5 or more grams but less than 15 grams of |
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| 1 | | methamphetamine or a substance containing | 2 | | methamphetamine is guilty of a Class 1 felony.
| 3 | | (C) A person who delivers or possesses with intent | 4 | | to deliver 15 or more grams but less than 100 grams of | 5 | | methamphetamine or a substance containing | 6 | | methamphetamine is guilty of a Class X felony, subject | 7 | | to a term of imprisonment of not less than 6 years and | 8 | | not more than 30 years, and subject to a fine not to | 9 | | exceed $100,000 or the street value of the | 10 | | methamphetamine, whichever is greater.
| 11 | | (D) A person who delivers or possesses with intent | 12 | | to deliver 100 or more grams but less than 400 grams of | 13 | | methamphetamine or a substance containing | 14 | | methamphetamine is guilty of a Class X felony, subject | 15 | | to a term of imprisonment of not less than 9 years and | 16 | | not more than 40 years, and subject to a fine not to | 17 | | exceed $200,000 or the street value of the | 18 | | methamphetamine, whichever is greater.
| 19 | | (E) A person who delivers or possesses with intent | 20 | | to deliver 400 or more grams but less than 900 grams of | 21 | | methamphetamine or a substance containing | 22 | | methamphetamine is guilty of a Class X felony, subject | 23 | | to a term of imprisonment of not less than 12 years and | 24 | | not more than 50 years, and subject to a fine not to | 25 | | exceed $300,000 or the street value of the | 26 | | methamphetamine, whichever is greater.
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| 1 | | (F) A person who delivers or possesses with intent | 2 | | to deliver 900 or more grams of methamphetamine or a | 3 | | substance containing methamphetamine is guilty of a | 4 | | Class X felony, subject to a term of imprisonment of | 5 | | not less than 15 years and not more than 60 years, and | 6 | | subject to a fine not to exceed $400,000 or the street | 7 | | value of the methamphetamine, whichever is greater.
| 8 | | (b) Aggravated delivery or possession with intent to | 9 | | deliver methamphetamine or a substance containing | 10 | | methamphetamine.
| 11 | | (1) It is unlawful to engage in the aggravated delivery | 12 | | or possession with intent to deliver methamphetamine or a | 13 | | substance containing methamphetamine. A person engages in | 14 | | the aggravated delivery or possession with intent to | 15 | | deliver methamphetamine or a substance containing | 16 | | methamphetamine when the person violates paragraph (1) of | 17 | | subsection (a) of this Section and:
| 18 | | (A) the person is at least 18 years of age and | 19 | | knowingly delivers or possesses with intent to deliver | 20 | | the methamphetamine or substance containing | 21 | | methamphetamine to a person under 18 years of age;
| 22 | | (B) the person is at least 18 years of age and | 23 | | knowingly uses, engages, employs, or causes another | 24 | | person to use, engage, or employ a person under 18 | 25 | | years of age to deliver the methamphetamine or | 26 | | substance containing methamphetamine;
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| 1 | | (C) the person knowingly delivers or possesses | 2 | | with intent to deliver the methamphetamine or | 3 | | substance containing methamphetamine in any structure | 4 | | or vehicle protected by one or more firearms, explosive | 5 | | devices, booby traps, alarm systems, surveillance | 6 | | systems, guard dogs, or dangerous animals;
| 7 | | (D) the person knowingly delivers or possesses | 8 | | with intent to deliver the methamphetamine or | 9 | | substance containing methamphetamine in any school, on | 10 | | any real property comprising any school, or in any | 11 | | conveyance owned, leased, or contracted by a school to | 12 | | transport students to or from school or a | 13 | | school-related activity , and at the time of the | 14 | | violation persons under the age 18 are present, other | 15 | | than the person who committed the offense, the offense | 16 | | is committed during school hours, or the offense is | 17 | | committed at times when persons under the age of 18 are | 18 | | reasonably expected to be present in the school, in the | 19 | | conveyance, or on the real property, such as when | 20 | | after-school activities are occurring ;
| 21 | | (E) the person delivers or causes another person to | 22 | | deliver the methamphetamine or substance containing | 23 | | methamphetamine to a woman that the person knows to be | 24 | | pregnant;
or | 25 | | (F) (blank). | 26 | | (2) A person who violates paragraph (1) of this |
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| 1 | | subsection (b) is subject to the following penalties:
| 2 | | (A) A person who delivers or possesses with intent | 3 | | to deliver less than 5 grams of methamphetamine or a | 4 | | substance containing methamphetamine is guilty of a | 5 | | Class 1 felony.
| 6 | | (B) A person who delivers or possesses with intent | 7 | | to deliver 5 or more grams but less than 15 grams of | 8 | | methamphetamine or a substance containing | 9 | | methamphetamine is guilty of a Class X felony, subject | 10 | | to a term of imprisonment of not less than 6 years and | 11 | | not more than 30 years, and subject to a fine not to | 12 | | exceed $100,000 or the street value of the | 13 | | methamphetamine, whichever is greater.
| 14 | | (C) A person who delivers or possesses with intent | 15 | | to deliver 15 or more grams but less than 100 grams of | 16 | | methamphetamine or a substance containing | 17 | | methamphetamine is guilty of a Class X felony, subject | 18 | | to a term of imprisonment of not less than 8 years and | 19 | | not more than 40 years, and subject to a fine not to | 20 | | exceed $200,000 or the street value of the | 21 | | methamphetamine, whichever is greater.
| 22 | | (D) A person who delivers or possesses with intent | 23 | | to deliver 100 or more grams of methamphetamine or a | 24 | | substance containing methamphetamine is guilty of a | 25 | | Class X felony, subject to a term of imprisonment of | 26 | | not less than 10 years and not more than 50 years, and |
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| 1 | | subject to a fine not to exceed $300,000 or the street | 2 | | value of the methamphetamine, whichever is greater.
| 3 | | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) | 4 | | Section 135. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 124A-15 as follows: | 6 | | (725 ILCS 5/124A-15) | 7 | | Sec. 124A-15. Reversal of conviction; refund of fines, | 8 | | fees, and costs. | 9 | | (a) A defendant convicted in a criminal prosecution whose | 10 | | conviction is reversed by a finding of factual innocence in a | 11 | | collateral proceeding such as habeas corpus or post-conviction | 12 | | relief under Article 122 of this Code is not liable for any | 13 | | costs or fees of the court or circuit clerk's office, or for | 14 | | any charge of subsistence while detained in custody. If the | 15 | | defendant has paid any costs, fine, or fees, in the case, a | 16 | | refund of those costs shall be determined by the judge and paid | 17 | | by the clerk of the court. The timing of the refund payment | 18 | | shall be determined by the clerk of the court based upon the | 19 | | availability of funds in the subject fund account the clerk or | 20 | | judge shall give him or her a certificate of the payment of | 21 | | those costs, fine, or fees with the items of those expenses, | 22 | | which, when audited and approved according to law, shall be | 23 | | refunded to the defendant . | 24 | | (b) To receive a refund under this Section, a defendant |
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| 1 | | must submit a request for the refund to the clerk of the court | 2 | | on a form and in a manner prescribed by the clerk. The | 3 | | defendant must attach to the form an order from the court | 4 | | demonstrating the defendant's right to the refund and the | 5 | | amount of the refund.
| 6 | | (Source: P.A. 98-943, eff. 1-1-15 .) | 7 | | Section 140. The Unified Code of Corrections is amended by | 8 | | changing Section 5-8-1.2 as follows:
| 9 | | (730 ILCS 5/5-8-1.2)
| 10 | | Sec. 5-8-1.2. County impact incarceration.
| 11 | | (a) Legislative intent. It is the finding of the General | 12 | | Assembly that
certain non-violent offenders eligible for | 13 | | sentences of incarceration may
benefit from the rehabilitative | 14 | | aspects of a county impact incarceration
program. It is the | 15 | | intent of the General Assembly that such programs be
| 16 | | implemented as provided by this Section. This Section shall not | 17 | | be construed
to allow violent offenders to participate in a | 18 | | county impact incarceration
program.
| 19 | | (b) Under the direction of the Sheriff and with the | 20 | | approval of the County
Board of Commissioners, the Sheriff, in | 21 | | any county with more than 3,000,000
inhabitants, may establish | 22 | | and operate a county impact incarceration program
for eligible | 23 | | offenders. If the court finds under Section 5-4-1 that an
| 24 | | offender convicted of a felony meets the eligibility |
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| 1 | | requirements of the
Sheriff's county impact incarceration | 2 | | program, the court may sentence the
offender to the county | 3 | | impact incarceration program. If the court finds a person | 4 | | charged with a felony meets the eligibility requirements of the | 5 | | Sheriff's county impact incarceration program, the court may | 6 | | order the person's participation in the county impact | 7 | | incarceration program. The Sheriff shall be
responsible for | 8 | | monitoring all offenders who are sentenced to or ordered to the | 9 | | county impact
incarceration program, including the mandatory | 10 | | period of monitored release
following the 120 to 180 days of | 11 | | impact incarceration.
Offenders assigned to the county impact | 12 | | incarceration program under an
intergovernmental agreement | 13 | | between the county and the Illinois Department of
Corrections | 14 | | are exempt from the provisions of this mandatory period of
| 15 | | monitored
release.
In the event the
convicted offender is not | 16 | | accepted for placement in the county impact incarceration
| 17 | | program, the court shall proceed to sentence the offender to | 18 | | any other
disposition authorized by this Code.
If the offender | 19 | | does not successfully
complete the program, the offender's | 20 | | failure to do so shall constitute a
violation of the sentence | 21 | | or order to the county impact incarceration program.
| 22 | | (c) In order to be eligible to be sentenced to or ordered | 23 | | to a county impact incarceration
program by the court, the | 24 | | person shall meet all of the following requirements:
| 25 | | (1) the person must be not less than 17 years of age | 26 | | nor more than 35
years of age;
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| 1 | | (2) The person has not previously participated in the | 2 | | impact incarceration
program and has not previously served | 3 | | more than one prior sentence of
imprisonment for a felony | 4 | | in an adult correctional facility;
| 5 | | (3) The person has not been convicted of a Class X | 6 | | felony, first or second
degree murder, armed violence, | 7 | | aggravated kidnapping, criminal sexual assault,
aggravated | 8 | | criminal sexual abuse or a subsequent conviction for | 9 | | criminal sexual
abuse, forcible detention, or arson and has | 10 | | not been convicted previously of
any of those offenses.
| 11 | | (4) The person has been found in violation of probation | 12 | | for an offense
that is a Class 2, 3, or 4 felony that is not | 13 | | a forcible felony as defined in
Section 2-8 of the Criminal | 14 | | Code of 2012 or a violent crime as defined in
subsection | 15 | | (c) of Section 3 of the Rights of Crime Victims and | 16 | | Witnesses Act
who
otherwise could be sentenced to a term of | 17 | | incarceration; or the person is
convicted of an offense | 18 | | that is a Class 2, 3, or 4 felony that is not a
forcible | 19 | | felony as defined in Section 2-8 of the Criminal Code of | 20 | | 2012 or a
violent crime as defined in subsection (c) of | 21 | | Section 3 of the Rights of Crime
Victims and Witnesses Act | 22 | | who has previously served a sentence of probation for
any | 23 | | felony offense and who otherwise could be sentenced to a | 24 | | term of
incarceration.
| 25 | | (5) The person must be physically able to participate | 26 | | in strenuous
physical
activities or labor.
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| 1 | | (6) The person must not have any mental disorder or | 2 | | disability that would
prevent participation in a county | 3 | | impact incarceration program.
| 4 | | (7) The person was recommended and approved for | 5 | | placement in the county
impact incarceration program by the | 6 | | Sheriff and consented in writing to
participation in the | 7 | | county impact incarceration program and to the terms and
| 8 | | conditions of the program. The Sheriff may consider, among | 9 | | other matters,
whether the
person has any outstanding | 10 | | detainers or warrants, whether the person has a
history of | 11 | | escaping or absconding, whether participation in the
| 12 | | county impact incarceration program may pose
a risk to the | 13 | | safety or security of any person and whether space is
| 14 | | available.
| 15 | | (c) The county impact incarceration program shall include, | 16 | | among other
matters, mandatory physical training and labor, | 17 | | military formation and drills,
regimented activities, | 18 | | uniformity of dress and appearance, education and
counseling, | 19 | | including drug counseling where appropriate.
| 20 | | (d) Privileges including visitation, commissary, receipt | 21 | | and retention of
property and publications and access to | 22 | | television, radio, and a library may be
suspended or | 23 | | restricted, notwithstanding provisions to the contrary in this
| 24 | | Code.
| 25 | | (e) The Sheriff shall issue written rules and requirements | 26 | | for the program.
Persons shall be informed of rules of behavior |
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| 1 | | and conduct. Persons
participating in the county impact | 2 | | incarceration program shall adhere to all
rules and all | 3 | | requirements of the program.
| 4 | | (f) Participation in the county impact incarceration | 5 | | program shall be for a
period of 120 to 180 days followed by a | 6 | | mandatory term of monitored release
for at least 8 months and | 7 | | no more than 12 months supervised by the Sheriff.
The period of | 8 | | time a person shall serve in the impact incarceration program
| 9 | | shall not be reduced by the accumulation of good time. The | 10 | | court may also
sentence the person to a period of probation to | 11 | | commence at the successful
completion of the county impact | 12 | | incarceration program.
| 13 | | (f-1) Persons who are charged with eligible offenses may be | 14 | | ordered by the court to participate in the county impact | 15 | | incarceration program for the period of 120 to 180 days. If the | 16 | | offender is convicted of the eligible offense, the court may | 17 | | sentence the offender to the remaining days required to | 18 | | complete a total participation period of 120 to 180 days and | 19 | | the mandatory term of monitored release. | 20 | | (g) If the person successfully completes the county impact | 21 | | incarceration
program, the Sheriff shall certify the person's | 22 | | successful completion of the
program to the court and to the | 23 | | county's State's Attorney. Upon successful
completion of the | 24 | | county impact incarceration program and mandatory
term of | 25 | | monitored release and if there is an additional period of | 26 | | probation
given, the person shall at that time begin his or her |
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| 1 | | probationary sentence
under the supervision of the Adult | 2 | | Probation Department.
| 3 | | (h) A person may be removed from the county impact | 4 | | incarceration program for
a violation of the terms or
| 5 | | conditions of the program or in the event he or she is for any | 6 | | reason unable to
participate. The failure to complete the | 7 | | program for any reason, including the
8 to 12 month monitored | 8 | | release period, shall be deemed a violation of the
county | 9 | | impact incarceration sentence. The Sheriff shall give notice to | 10 | | the
State's Attorney of the person's failure to complete the | 11 | | program. The Sheriff
shall file a petition for violation of the | 12 | | county impact incarceration sentence
with the court and the | 13 | | State's Attorney may proceed on the petition under
Section | 14 | | 5-6-4 of this Code. The Sheriff shall promulgate rules and | 15 | | regulations
governing conduct which could result in removal | 16 | | from the program or in a
determination that the person has not | 17 | | successfully completed the program.
| 18 | | The mandatory conditions of every county impact | 19 | | incarceration sentence
shall
include that the person either | 20 | | while in the program or during the period of
monitored release:
| 21 | | (1) not violate any criminal statute of any | 22 | | jurisdiction;
| 23 | | (2) report or appear in person before any such person | 24 | | or agency as
directed by the court or the Sheriff;
| 25 | | (3) refrain from possessing a firearm or other | 26 | | dangerous weapon;
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| 1 | | (4) not leave the State without the consent of the | 2 | | court or, in
circumstances in which the reason for the | 3 | | absence is of such an emergency
nature that prior consent | 4 | | by the court is not possible, without the prior
| 5 | | notification and approval of the Sheriff; and
| 6 | | (5) permit representatives of the Sheriff to visit at | 7 | | the person's home or
elsewhere to the extent necessary for | 8 | | the Sheriff to monitor compliance with
the program. Persons | 9 | | shall have access to such rules, which shall provide that
a | 10 | | person shall receive notice of any such violation.
| 11 | | (i) The Sheriff may terminate the county impact | 12 | | incarceration program at
any time.
| 13 | | (j) The Sheriff shall report to the county board on or | 14 | | before September
30th of each year on the county impact | 15 | | incarceration program, including the
composition of the | 16 | | program by the offenders, by county of commitment, sentence,
| 17 | | age, offense, and race.
| 18 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 19 | | Section 999. Effective date. This Act takes effect upon | 20 | | becoming law.".
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