Full Text of HB3447 102nd General Assembly
HB3447 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3447 Introduced 2/22/2021, by Rep. Carol Ammons SYNOPSIS AS INTRODUCED: |
| 20 ILCS 2630/5.2 | | 720 ILCS 570/401 | from Ch. 56 1/2, par. 1401 | 720 ILCS 570/402 | from Ch. 56 1/2, par. 1402 | 720 ILCS 570/408 | from Ch. 56 1/2, par. 1408 | 720 ILCS 646/55 | | 720 ILCS 646/60 | | 725 ILCS 5/116-2.2 new | | 730 ILCS 5/5-6-3.7 new | |
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Amends the Criminal Identification Act. Provides that a petitioner may petition the circuit court to expunge the
records of his or her arrests and charges not initiated by arrest when each arrest or charge not initiated by arrest
sought to be expunged resulted in: (1) an order
of misdemeanor diversion under the
Unified Code of Corrections, and the diversion program was
successfully completed by the petitioner; or (2) a conviction for possession of certain specified amounts of a controlled substance; (3) a conviction for possessing less than 5 grams of methamphetamine; or (4) a conviction where the statutory penalty changed as a result of a resentencing hearing under the Code of Criminal Procedure of 1963. Amends the Illinois Controlled Substances Act. Changes the penalties for the manufacture, delivery, or possession with intent to manufacture or deliver, or possession of a controlled substance. Amends the Methamphetamine Control and Community Protection Act. Changes the penalties for methamphetamine delivery or possession. Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence, including a sentence of probation, for an offense for which the statutory penalty has been subsequently reduced under the amendatory Act to petition the trial court that entered the judgment of conviction to request resentencing in accordance with the statutory penalty in effect at the time of the filing of the petition. Amends the Unified Code of Corrections to create a Misdemeanor Diversion Program.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Identification Act is amended by | 5 | | changing Section 5.2 as follows:
| 6 | | (20 ILCS 2630/5.2)
| 7 | | Sec. 5.2. Expungement, sealing, and immediate sealing. | 8 | | (a) General Provisions. | 9 | | (1) Definitions. In this Act, words and phrases have
| 10 | | the meanings set forth in this subsection, except when a
| 11 | | particular context clearly requires a different meaning. | 12 | | (A) The following terms shall have the meanings | 13 | | ascribed to them in the Unified Code of Corrections, | 14 | | 730 ILCS 5/5-1-2 through 5/5-1-22: | 15 | | (i) Business Offense (730 ILCS 5/5-1-2), | 16 | | (ii) Charge (730 ILCS 5/5-1-3), | 17 | | (iii) Court (730 ILCS 5/5-1-6), | 18 | | (iv) Defendant (730 ILCS 5/5-1-7), | 19 | | (v) Felony (730 ILCS 5/5-1-9), | 20 | | (vi) Imprisonment (730 ILCS 5/5-1-10), | 21 | | (vii) Judgment (730 ILCS 5/5-1-12), | 22 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), | 23 | | (ix) Offense (730 ILCS 5/5-1-15), |
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| 1 | | (x) Parole (730 ILCS 5/5-1-16), | 2 | | (xi) Petty Offense (730 ILCS 5/5-1-17), | 3 | | (xii) Probation (730 ILCS 5/5-1-18), | 4 | | (xiii) Sentence (730 ILCS 5/5-1-19), | 5 | | (xiv) Supervision (730 ILCS 5/5-1-21), and | 6 | | (xv) Victim (730 ILCS 5/5-1-22). | 7 | | (B) As used in this Section, "charge not initiated | 8 | | by arrest" means a charge (as defined by 730 ILCS | 9 | | 5/5-1-3) brought against a defendant where the | 10 | | defendant is not arrested prior to or as a direct | 11 | | result of the charge. | 12 | | (C) "Conviction" means a judgment of conviction or | 13 | | sentence entered upon a plea of guilty or upon a | 14 | | verdict or finding of guilty of an offense, rendered | 15 | | by a legally constituted jury or by a court of | 16 | | competent jurisdiction authorized to try the case | 17 | | without a jury. An order of supervision successfully | 18 | | completed by the petitioner is not a conviction. An | 19 | | order of qualified probation (as defined in subsection | 20 | | (a)(1)(J)) successfully completed by the petitioner is | 21 | | not a conviction. An order of supervision or an order | 22 | | of qualified probation that is terminated | 23 | | unsatisfactorily is a conviction, unless the | 24 | | unsatisfactory termination is reversed, vacated, or | 25 | | modified and the judgment of conviction, if any, is | 26 | | reversed or vacated. |
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| 1 | | (D) "Criminal offense" means a petty offense, | 2 | | business offense, misdemeanor, felony, or municipal | 3 | | ordinance violation (as defined in subsection | 4 | | (a)(1)(H)). As used in this Section, a minor traffic | 5 | | offense (as defined in subsection (a)(1)(G)) shall not | 6 | | be considered a criminal offense. | 7 | | (E) "Expunge" means to physically destroy the | 8 | | records or return them to the petitioner and to | 9 | | obliterate the petitioner's name from any official | 10 | | index or public record, or both. Nothing in this Act | 11 | | shall require the physical destruction of the circuit | 12 | | court file, but such records relating to arrests or | 13 | | charges, or both, ordered expunged shall be impounded | 14 | | as required by subsections (d)(9)(A)(ii) and | 15 | | (d)(9)(B)(ii). | 16 | | (F) As used in this Section, "last sentence" means | 17 | | the sentence, order of supervision, or order of | 18 | | qualified probation (as defined by subsection | 19 | | (a)(1)(J)), for a criminal offense (as defined by | 20 | | subsection (a)(1)(D)) that terminates last in time in | 21 | | any jurisdiction, regardless of whether the petitioner | 22 | | has included the criminal offense for which the | 23 | | sentence or order of supervision or qualified | 24 | | probation was imposed in his or her petition. If | 25 | | multiple sentences, orders of supervision, or orders | 26 | | of qualified probation terminate on the same day and |
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| 1 | | are last in time, they shall be collectively | 2 | | considered the "last sentence" regardless of whether | 3 | | they were ordered to run concurrently. | 4 | | (G) "Minor traffic offense" means a petty offense, | 5 | | business offense, or Class C misdemeanor under the | 6 | | Illinois Vehicle Code or a similar provision of a | 7 | | municipal or local ordinance. | 8 | | (G-5) "Minor Cannabis Offense" means a violation | 9 | | of Section 4 or 5 of the Cannabis Control Act | 10 | | concerning not more than 30 grams of any substance | 11 | | containing cannabis, provided the violation did not | 12 | | include a penalty enhancement under Section 7 of the | 13 | | Cannabis Control Act and is not associated with an | 14 | | arrest, conviction or other disposition for a violent | 15 | | crime as defined in subsection (c) of Section 3 of the | 16 | | Rights of Crime Victims and Witnesses Act. | 17 | | (H) "Municipal ordinance violation" means an | 18 | | offense defined by a municipal or local ordinance that | 19 | | is criminal in nature and with which the petitioner | 20 | | was charged or for which the petitioner was arrested | 21 | | and released without charging. | 22 | | (I) "Petitioner" means an adult or a minor | 23 | | prosecuted as an
adult who has applied for relief | 24 | | under this Section. | 25 | | (J) "Qualified probation" means an order of | 26 | | probation under Section 10 of the Cannabis Control |
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| 1 | | Act, Section 410 of the Illinois Controlled Substances | 2 | | Act, Section 70 of the Methamphetamine Control and | 3 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | 4 | | of the Unified Code of Corrections, Section | 5 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | 6 | | those provisions existed before their deletion by | 7 | | Public Act 89-313), Section 10-102 of the Illinois | 8 | | Alcoholism and Other Drug Dependency Act, Section | 9 | | 40-10 of the Substance Use Disorder Act, or Section 10 | 10 | | of the Steroid Control Act. For the purpose of this | 11 | | Section, "successful completion" of an order of | 12 | | qualified probation under Section 10-102 of the | 13 | | Illinois Alcoholism and Other Drug Dependency Act and | 14 | | Section 40-10 of the Substance Use Disorder Act means | 15 | | that the probation was terminated satisfactorily and | 16 | | the judgment of conviction was vacated. | 17 | | (K) "Seal" means to physically and electronically | 18 | | maintain the records, unless the records would | 19 | | otherwise be destroyed due to age, but to make the | 20 | | records unavailable without a court order, subject to | 21 | | the exceptions in Sections 12 and 13 of this Act. The | 22 | | petitioner's name shall also be obliterated from the | 23 | | official index required to be kept by the circuit | 24 | | court clerk under Section 16 of the Clerks of Courts | 25 | | Act, but any index issued by the circuit court clerk | 26 | | before the entry of the order to seal shall not be |
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| 1 | | affected. | 2 | | (L) "Sexual offense committed against a minor" | 3 | | includes, but is
not limited to, the offenses of | 4 | | indecent solicitation of a child
or criminal sexual | 5 | | abuse when the victim of such offense is
under 18 years | 6 | | of age. | 7 | | (M) "Terminate" as it relates to a sentence or | 8 | | order of supervision or qualified probation includes | 9 | | either satisfactory or unsatisfactory termination of | 10 | | the sentence, unless otherwise specified in this | 11 | | Section. A sentence is terminated notwithstanding any | 12 | | outstanding financial legal obligation. | 13 | | (2) Minor Traffic Offenses.
Orders of supervision or | 14 | | convictions for minor traffic offenses shall not affect a | 15 | | petitioner's eligibility to expunge or seal records | 16 | | pursuant to this Section. | 17 | | (2.5) Commencing 180 days after July 29, 2016 (the | 18 | | effective date of Public Act 99-697), the law enforcement | 19 | | agency issuing the citation shall automatically expunge, | 20 | | on or before January 1 and July 1 of each year, the law | 21 | | enforcement records of a person found to have committed a | 22 | | civil law violation of subsection (a) of Section 4 of the | 23 | | Cannabis Control Act or subsection (c) of Section 3.5 of | 24 | | the Drug Paraphernalia Control Act in the law enforcement | 25 | | agency's possession or control and which contains the | 26 | | final satisfactory disposition which pertain to the person |
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| 1 | | issued a citation for that offense.
The law enforcement | 2 | | agency shall provide by rule the process for access, | 3 | | review, and to confirm the automatic expungement by the | 4 | | law enforcement agency issuing the citation.
Commencing | 5 | | 180 days after July 29, 2016 (the effective date of Public | 6 | | Act 99-697), the clerk of the circuit court shall expunge, | 7 | | upon order of the court, or in the absence of a court order | 8 | | on or before January 1 and July 1 of each year, the court | 9 | | records of a person found in the circuit court to have | 10 | | committed a civil law violation of subsection (a) of | 11 | | Section 4 of the Cannabis Control Act or subsection (c) of | 12 | | Section 3.5 of the Drug Paraphernalia Control Act in the | 13 | | clerk's possession or control and which contains the final | 14 | | satisfactory disposition which pertain to the person | 15 | | issued a citation for any of those offenses. | 16 | | (3) Exclusions. Except as otherwise provided in | 17 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | 18 | | of this Section, the court shall not order: | 19 | | (A) the sealing or expungement of the records of | 20 | | arrests or charges not initiated by arrest that result | 21 | | in an order of supervision for or conviction of:
(i) | 22 | | any sexual offense committed against a
minor; (ii) | 23 | | Section 11-501 of the Illinois Vehicle Code or a | 24 | | similar provision of a local ordinance; or (iii) | 25 | | Section 11-503 of the Illinois Vehicle Code or a | 26 | | similar provision of a local ordinance, unless the |
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| 1 | | arrest or charge is for a misdemeanor violation of | 2 | | subsection (a) of Section 11-503 or a similar | 3 | | provision of a local ordinance, that occurred prior to | 4 | | the offender reaching the age of 25 years and the | 5 | | offender has no other conviction for violating Section | 6 | | 11-501 or 11-503 of the Illinois Vehicle Code or a | 7 | | similar provision of a local ordinance. | 8 | | (B) the sealing or expungement of records of minor | 9 | | traffic offenses (as defined in subsection (a)(1)(G)), | 10 | | unless the petitioner was arrested and released | 11 | | without charging. | 12 | | (C) the sealing of the records of arrests or | 13 | | charges not initiated by arrest which result in an | 14 | | order of supervision or a conviction for the following | 15 | | offenses: | 16 | | (i) offenses included in Article 11 of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012 | 18 | | or a similar provision of a local ordinance, | 19 | | except Section 11-14 and a misdemeanor violation | 20 | | of Section 11-30 of the Criminal Code of 1961 or | 21 | | the Criminal Code of 2012, or a similar provision | 22 | | of a local ordinance; | 23 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | 24 | | 26-5, or 48-1 of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012, or a similar provision of a | 26 | | local ordinance; |
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| 1 | | (iii) Sections 12-3.1 or 12-3.2 of the | 2 | | Criminal Code of 1961 or the Criminal Code of | 3 | | 2012, or Section 125 of the Stalking No Contact | 4 | | Order Act, or Section 219 of the Civil No Contact | 5 | | Order Act, or a similar provision of a local | 6 | | ordinance; | 7 | | (iv) Class A misdemeanors or felony offenses | 8 | | under the Humane Care for Animals Act; or | 9 | | (v) any offense or attempted offense that | 10 | | would subject a person to registration under the | 11 | | Sex Offender Registration Act. | 12 | | (D) (blank). | 13 | | (b) Expungement. | 14 | | (1) A petitioner may petition the circuit court to | 15 | | expunge the
records of his or her arrests and charges not | 16 | | initiated by arrest when each arrest or charge not | 17 | | initiated by arrest
sought to be expunged resulted in:
(i) | 18 | | acquittal, dismissal, or the petitioner's release without | 19 | | charging, unless excluded by subsection (a)(3)(B);
(ii) a | 20 | | conviction which was vacated or reversed, unless excluded | 21 | | by subsection (a)(3)(B);
(iii) an order of supervision and | 22 | | such supervision was successfully completed by the | 23 | | petitioner, unless excluded by subsection (a)(3)(A) or | 24 | | (a)(3)(B); or
(iv) an order of qualified probation (as | 25 | | defined in subsection (a)(1)(J)) and such probation was | 26 | | successfully completed by the petitioner ; (v) an order of
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| 1 | | misdemeanor diversion under Section 5-6-3.7 of the Unified
| 2 | | Code of Corrections, and the diversion program was | 3 | | successfully completed by the petitioner; (vi) a
| 4 | | conviction pursuant to subsection (a-5) of Section 402 of
| 5 | | the Illinois Controlled Substances Act; (vii) a conviction
| 6 | | pursuant to paragraph (1) of subsection (b) of Section 60
| 7 | | of the Methamphetamine Control and Community Protection
| 8 | | Act; or (viii) a conviction where the statutory penalty
| 9 | | changed as a result of a resentencing hearing pursuant to
| 10 | | Section 116-2.2 of the Code of Criminal Procedure of 1963 . | 11 | | (1.5) When a petitioner seeks to have a record of | 12 | | arrest expunged under this Section, and the offender has | 13 | | been convicted of a criminal offense, the State's Attorney | 14 | | may object to the expungement on the grounds that the | 15 | | records contain specific relevant information aside from | 16 | | the mere fact of the arrest. | 17 | | (2) Time frame for filing a petition to expunge. | 18 | | (A) When the arrest or charge not initiated by | 19 | | arrest sought to be expunged resulted in an acquittal, | 20 | | dismissal, the petitioner's release without charging, | 21 | | or the reversal or vacation of a conviction, there is | 22 | | no waiting period to petition for the expungement of | 23 | | such records. | 24 | | (B) When the arrest or charge not initiated by | 25 | | arrest
sought to be expunged resulted in an order of | 26 | | supervision, successfully
completed by the petitioner, |
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| 1 | | the following time frames will apply: | 2 | | (i) Those arrests or charges that resulted in | 3 | | orders of
supervision under Section 3-707, 3-708, | 4 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or | 5 | | a similar provision of a local ordinance, or under | 6 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | 7 | | Code of 1961 or the Criminal Code of 2012, or a | 8 | | similar provision of a local ordinance, shall not | 9 | | be eligible for expungement until 5 years have | 10 | | passed following the satisfactory termination of | 11 | | the supervision. | 12 | | (i-5) Those arrests or charges that resulted | 13 | | in orders of supervision for a misdemeanor | 14 | | violation of subsection (a) of Section 11-503 of | 15 | | the Illinois Vehicle Code or a similar provision | 16 | | of a local ordinance, that occurred prior to the | 17 | | offender reaching the age of 25 years and the | 18 | | offender has no other conviction for violating | 19 | | Section 11-501 or 11-503 of the Illinois Vehicle | 20 | | Code or a similar provision of a local ordinance | 21 | | shall not be eligible for expungement until the | 22 | | petitioner has reached the age of 25 years. | 23 | | (ii) Those arrests or charges that resulted in | 24 | | orders
of supervision for any other offenses shall | 25 | | not be
eligible for expungement until 2 years have | 26 | | passed
following the satisfactory termination of |
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| 1 | | the supervision. | 2 | | (C) When the arrest or charge not initiated by | 3 | | arrest sought to
be expunged resulted in an order of | 4 | | qualified probation, successfully
completed by the | 5 | | petitioner, such records shall not be eligible for
| 6 | | expungement until 5 years have passed following the | 7 | | satisfactory
termination of the probation. | 8 | | (D) When the arrest or charge not initiated by
| 9 | | arrest sought to be expunged, pursuant to subparagraph
| 10 | | (viii) of paragraph (1) of this subsection (b) | 11 | | resulted
in a sentence of probation, successfully | 12 | | completed by
the petitioner, or incarceration in an | 13 | | Illinois county
jail or in the Illinois Department of | 14 | | Corrections, such
records shall not be eligible for | 15 | | expungement until 5
years have passed following the | 16 | | satisfactory
termination of probation. | 17 | | (E) When the arrest or charge not initiated by
| 18 | | arrest sought to be expunged pursuant to subparagraph | 19 | | (vi) or (vii) of paragraph (1) of this subsection (b)
| 20 | | resulted in a sentence of incarceration in an Illinois | 21 | | county jail, such records shall not be eligible for
| 22 | | expungement until 5 years have passed following the
| 23 | | completion of the sentence. | 24 | | (3) Those records maintained by the Department for
| 25 | | persons arrested prior to their 17th birthday shall be
| 26 | | expunged as provided in Section 5-915 of the Juvenile |
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| 1 | | Court
Act of 1987. | 2 | | (4) Whenever a person has been arrested for or | 3 | | convicted of any
offense, in the name of a person whose | 4 | | identity he or she has stolen or otherwise
come into | 5 | | possession of, the aggrieved person from whom the identity
| 6 | | was stolen or otherwise obtained without authorization,
| 7 | | upon learning of the person having been arrested using his
| 8 | | or her identity, may, upon verified petition to the chief | 9 | | judge of
the circuit wherein the arrest was made, have a | 10 | | court order
entered nunc pro tunc by the Chief Judge to | 11 | | correct the
arrest record, conviction record, if any, and | 12 | | all official
records of the arresting authority, the | 13 | | Department, other
criminal justice agencies, the | 14 | | prosecutor, and the trial
court concerning such arrest, if | 15 | | any, by removing his or her name
from all such records in | 16 | | connection with the arrest and
conviction, if any, and by | 17 | | inserting in the records the
name of the offender, if | 18 | | known or ascertainable, in lieu of
the aggrieved's name. | 19 | | The records of the circuit court clerk shall be sealed | 20 | | until further order of
the court upon good cause shown and | 21 | | the name of the
aggrieved person obliterated on the | 22 | | official index
required to be kept by the circuit court | 23 | | clerk under
Section 16 of the Clerks of Courts Act, but the | 24 | | order shall
not affect any index issued by the circuit | 25 | | court clerk
before the entry of the order. Nothing in this | 26 | | Section
shall limit the Department of State Police or |
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| 1 | | other
criminal justice agencies or prosecutors from | 2 | | listing
under an offender's name the false names he or she | 3 | | has
used. | 4 | | (5) Whenever a person has been convicted of criminal
| 5 | | sexual assault, aggravated criminal sexual assault,
| 6 | | predatory criminal sexual assault of a child, criminal
| 7 | | sexual abuse, or aggravated criminal sexual abuse, the
| 8 | | victim of that offense may request that the State's
| 9 | | Attorney of the county in which the conviction occurred
| 10 | | file a verified petition with the presiding trial judge at
| 11 | | the petitioner's trial to have a court order entered to | 12 | | seal
the records of the circuit court clerk in connection
| 13 | | with the proceedings of the trial court concerning that
| 14 | | offense. However, the records of the arresting authority
| 15 | | and the Department of State Police concerning the offense
| 16 | | shall not be sealed. The court, upon good cause shown,
| 17 | | shall make the records of the circuit court clerk in
| 18 | | connection with the proceedings of the trial court
| 19 | | concerning the offense available for public inspection. | 20 | | (6) If a conviction has been set aside on direct | 21 | | review
or on collateral attack and the court determines by | 22 | | clear
and convincing evidence that the petitioner was | 23 | | factually
innocent of the charge, the court that finds the | 24 | | petitioner factually innocent of the charge shall enter an
| 25 | | expungement order for the conviction for which the | 26 | | petitioner has been determined to be innocent as provided |
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| 1 | | in subsection (b) of Section
5-5-4 of the Unified Code of | 2 | | Corrections. | 3 | | (7) Nothing in this Section shall prevent the | 4 | | Department of
State Police from maintaining all records of | 5 | | any person who
is admitted to probation upon terms and | 6 | | conditions and who
fulfills those terms and conditions | 7 | | pursuant to Section 10
of the Cannabis Control Act, | 8 | | Section 410 of the Illinois
Controlled Substances Act, | 9 | | Section 70 of the
Methamphetamine Control and Community | 10 | | Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified | 11 | | Code of Corrections, Section 12-4.3 or subdivision (b)(1) | 12 | | of Section 12-3.05 of the Criminal Code of 1961 or the | 13 | | Criminal Code of 2012, Section 10-102
of the Illinois | 14 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | 15 | | the Substance Use Disorder Act, or Section 10 of the | 16 | | Steroid Control Act. | 17 | | (8) If the petitioner has been granted a certificate | 18 | | of innocence under Section 2-702 of the Code of Civil | 19 | | Procedure, the court that grants the certificate of | 20 | | innocence shall also enter an order expunging the | 21 | | conviction for which the petitioner has been determined to | 22 | | be innocent as provided in subsection (h) of Section 2-702 | 23 | | of the Code of Civil Procedure. | 24 | | (c) Sealing. | 25 | | (1) Applicability. Notwithstanding any other provision | 26 | | of this Act to the contrary, and cumulative with any |
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| 1 | | rights to expungement of criminal records, this subsection | 2 | | authorizes the sealing of criminal records of adults and | 3 | | of minors prosecuted as adults. Subsection (g) of this | 4 | | Section provides for immediate sealing of certain records. | 5 | | (2) Eligible Records. The following records may be | 6 | | sealed: | 7 | | (A) All arrests resulting in release without | 8 | | charging; | 9 | | (B) Arrests or charges not initiated by arrest | 10 | | resulting in acquittal, dismissal, or conviction when | 11 | | the conviction was reversed or vacated, except as | 12 | | excluded by subsection (a)(3)(B); | 13 | | (C) Arrests or charges not initiated by arrest | 14 | | resulting in orders of supervision, including orders | 15 | | of supervision for municipal ordinance violations, | 16 | | successfully completed by the petitioner, unless | 17 | | excluded by subsection (a)(3); | 18 | | (D) Arrests or charges not initiated by arrest | 19 | | resulting in convictions, including convictions on | 20 | | municipal ordinance violations, unless excluded by | 21 | | subsection (a)(3); | 22 | | (E) Arrests or charges not initiated by arrest | 23 | | resulting in orders of first offender probation under | 24 | | Section 10 of the Cannabis Control Act, Section 410 of | 25 | | the Illinois Controlled Substances Act, Section 70 of | 26 | | the Methamphetamine Control and Community Protection |
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| 1 | | Act, or Section 5-6-3.3 of the Unified Code of | 2 | | Corrections; and | 3 | | (F) Arrests or charges not initiated by arrest | 4 | | resulting in felony convictions unless otherwise | 5 | | excluded by subsection (a) paragraph (3) of this | 6 | | Section. | 7 | | (G) Arrests or charges not initiated by arrest
| 8 | | resulting in orders of misdemeanor diversion under
| 9 | | Section 5-6-3.7 of the Unified Code of Corrections,
| 10 | | successfully completed by the petitioner. | 11 | | (H) Arrests or charges not initiated by arrest
| 12 | | resulting in probation, pursuant to subparagraph
| 13 | | (viii) of paragraph (1) of subsection (b),
| 14 | | successfully completed by the petitioner, or
| 15 | | imprisonment in an Illinois County jail or in the | 16 | | Illinois Department of Corrections; and | 17 | | (I) Arrests or charges not initiated by arrest
| 18 | | resulting in incarceration in an Illinois county jail,
| 19 | | pursuant to subparagraphs (vi) or (vii) of paragraph
| 20 | | (1) of subsection (b), unless excluded by paragraph | 21 | | (3)
of subsection (a). | 22 | | (3) When Records Are Eligible to Be Sealed. Records | 23 | | identified as eligible under subsection (c)(2) may be | 24 | | sealed as follows: | 25 | | (A) Records identified as eligible under | 26 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at |
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| 1 | | any time. | 2 | | (B) Except as otherwise provided in subparagraph | 3 | | (E) of this paragraph (3), records identified as | 4 | | eligible under subsection (c)(2)(C) may be sealed
2 | 5 | | years after the termination of petitioner's last | 6 | | sentence (as defined in subsection (a)(1)(F)). | 7 | | (C) Except as otherwise provided in subparagraph | 8 | | (E) of this paragraph (3), records identified as | 9 | | eligible under subsections (c)(2)(D), (c)(2)(E), and | 10 | | (c)(2)(F) , (c)(2)(H), and (c)(2)(I) may be sealed 3 | 11 | | years after the termination of the petitioner's last | 12 | | sentence (as defined in subsection (a)(1)(F)). | 13 | | Convictions requiring public registration under the | 14 | | Arsonist Registration Act, the Sex Offender | 15 | | Registration Act, or the Murderer and Violent Offender | 16 | | Against Youth Registration Act may not be sealed until | 17 | | the petitioner is no longer required to register under | 18 | | that relevant Act. | 19 | | (D) Records identified in subsection | 20 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 21 | | reached the age of 25 years. | 22 | | (E) Records identified as eligible under | 23 | | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | 24 | | (c)(2)(F) may be sealed upon termination of the | 25 | | petitioner's last sentence if the petitioner earned a | 26 | | high school diploma, associate's degree, career |
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| 1 | | certificate, vocational technical certification, or | 2 | | bachelor's degree, or passed the high school level | 3 | | Test of General Educational Development, during the | 4 | | period of his or her sentence or mandatory supervised | 5 | | release. This subparagraph shall apply only to a | 6 | | petitioner who has not completed the same educational | 7 | | goal prior to the period of his or her sentence or | 8 | | mandatory supervised release. If a petition for | 9 | | sealing eligible records filed under this subparagraph | 10 | | is denied by the court, the time periods under | 11 | | subparagraph (B) or (C) shall apply to any subsequent | 12 | | petition for sealing filed by the petitioner. | 13 | | (4) Subsequent felony convictions. A person may not | 14 | | have
subsequent felony conviction records sealed as | 15 | | provided in this subsection
(c) if he or she is convicted | 16 | | of any felony offense after the date of the
sealing of | 17 | | prior felony convictions as provided in this subsection | 18 | | (c). The court may, upon conviction for a subsequent | 19 | | felony offense, order the unsealing of prior felony | 20 | | conviction records previously ordered sealed by the court. | 21 | | (5) Notice of eligibility for sealing. Upon entry of a | 22 | | disposition for an eligible record under this subsection | 23 | | (c), the petitioner shall be informed by the court of the | 24 | | right to have the records sealed and the procedures for | 25 | | the sealing of the records. | 26 | | (d) Procedure. The following procedures apply to |
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| 1 | | expungement under subsections (b), (e), and (e-6) and sealing | 2 | | under subsections (c) and (e-5): | 3 | | (1) Filing the petition. Upon becoming eligible to | 4 | | petition for
the expungement or sealing of records under | 5 | | this Section, the petitioner shall file a petition | 6 | | requesting the expungement
or sealing of records with the | 7 | | clerk of the court where the arrests occurred or the | 8 | | charges were brought, or both. If arrests occurred or | 9 | | charges were brought in multiple jurisdictions, a petition | 10 | | must be filed in each such jurisdiction. The petitioner | 11 | | shall pay the applicable fee, except no fee shall be | 12 | | required if the petitioner has obtained a court order | 13 | | waiving fees under Supreme Court Rule 298 or it is | 14 | | otherwise waived. | 15 | | (1.5) County fee waiver pilot program.
From August 9, | 16 | | 2019 (the effective date of Public Act 101-306) through | 17 | | December 31, 2020, in a county of 3,000,000 or more | 18 | | inhabitants, no fee shall be required to be paid by a | 19 | | petitioner if the records sought to be expunged or sealed | 20 | | were arrests resulting in release without charging or | 21 | | arrests or charges not initiated by arrest resulting in | 22 | | acquittal, dismissal, or conviction when the conviction | 23 | | was reversed or vacated, unless excluded by subsection | 24 | | (a)(3)(B). The provisions of this paragraph (1.5), other | 25 | | than this sentence, are inoperative on and after January | 26 | | 1, 2022. |
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| 1 | | (2) Contents of petition. The petition shall be
| 2 | | verified and shall contain the petitioner's name, date of
| 3 | | birth, current address and, for each arrest or charge not | 4 | | initiated by
arrest sought to be sealed or expunged, the | 5 | | case number, the date of
arrest (if any), the identity of | 6 | | the arresting authority, and such
other information as the | 7 | | court may require. During the pendency
of the proceeding, | 8 | | the petitioner shall promptly notify the
circuit court | 9 | | clerk of any change of his or her address. If the | 10 | | petitioner has received a certificate of eligibility for | 11 | | sealing from the Prisoner Review Board under paragraph | 12 | | (10) of subsection (a) of Section 3-3-2 of the Unified | 13 | | Code of Corrections, the certificate shall be attached to | 14 | | the petition. | 15 | | (3) Drug test. The petitioner must attach to the | 16 | | petition proof that the petitioner has passed a test taken | 17 | | within 30 days before the filing of the petition showing | 18 | | the absence within his or her body of all illegal | 19 | | substances as defined by the Illinois Controlled | 20 | | Substances Act, the Methamphetamine Control and Community | 21 | | Protection Act, and the Cannabis Control Act if he or she | 22 | | is petitioning to: | 23 | | (A) seal felony records under clause (c)(2)(E); | 24 | | (B) seal felony records for a violation of the | 25 | | Illinois Controlled Substances Act, the | 26 | | Methamphetamine Control and Community Protection Act, |
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| 1 | | or the Cannabis Control Act under clause (c)(2)(F); | 2 | | (C) seal felony records under subsection (e-5); or | 3 | | (D) expunge felony records of a qualified | 4 | | probation under clause (b)(1)(iv). | 5 | | (4) Service of petition. The circuit court clerk shall | 6 | | promptly
serve a copy of the petition and documentation to | 7 | | support the petition under subsection (e-5) or (e-6) on | 8 | | the State's Attorney or
prosecutor charged with the duty | 9 | | of prosecuting the
offense, the Department of State | 10 | | Police, the arresting
agency and the chief legal officer | 11 | | of the unit of local
government effecting the arrest. | 12 | | (5) Objections. | 13 | | (A) Any party entitled to notice of the petition | 14 | | may file an objection to the petition. All objections | 15 | | shall be in writing, shall be filed with the circuit | 16 | | court clerk, and shall state with specificity the | 17 | | basis of the objection. Whenever a person who has been | 18 | | convicted of an offense is granted
a pardon by the | 19 | | Governor which specifically authorizes expungement, an | 20 | | objection to the petition may not be filed. | 21 | | (B) Objections to a petition to expunge or seal | 22 | | must be filed within 60 days of the date of service of | 23 | | the petition. | 24 | | (6) Entry of order. | 25 | | (A) The Chief Judge of the circuit wherein the | 26 | | charge was brought, any judge of that circuit |
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| 1 | | designated by the Chief Judge, or in counties of less | 2 | | than 3,000,000 inhabitants, the presiding trial judge | 3 | | at the petitioner's trial, if any, shall rule on the | 4 | | petition to expunge or seal as set forth in this | 5 | | subsection (d)(6). | 6 | | (B) Unless the State's Attorney or prosecutor, the | 7 | | Department of
State Police, the arresting agency, or | 8 | | the chief legal officer
files an objection to the | 9 | | petition to expunge or seal within 60 days from the | 10 | | date of service of the petition, the court shall enter | 11 | | an order granting or denying the petition. | 12 | | (C) Notwithstanding any other provision of law, | 13 | | the court shall not deny a petition for sealing under | 14 | | this Section because the petitioner has not satisfied | 15 | | an outstanding legal financial obligation established, | 16 | | imposed, or originated by a court, law enforcement | 17 | | agency, or a municipal, State, county, or other unit | 18 | | of local government, including, but not limited to, | 19 | | any cost, assessment, fine, or fee. An outstanding | 20 | | legal financial obligation does not include any court | 21 | | ordered restitution to a victim under Section 5-5-6 of | 22 | | the Unified Code of Corrections, unless the | 23 | | restitution has been converted to a civil judgment. | 24 | | Nothing in this subparagraph (C) waives, rescinds, or | 25 | | abrogates a legal financial obligation or otherwise | 26 | | eliminates or affects the right of the holder of any |
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| 1 | | financial obligation to pursue collection under | 2 | | applicable federal, State, or local law. | 3 | | (7) Hearings. If an objection is filed, the court | 4 | | shall set a date for a hearing and notify the petitioner | 5 | | and all parties entitled to notice of the petition of the | 6 | | hearing date at least 30 days prior to the hearing. Prior | 7 | | to the hearing, the State's Attorney shall consult with | 8 | | the Department as to the appropriateness of the relief | 9 | | sought in the petition to expunge or seal. At the hearing, | 10 | | the court shall hear evidence on whether the petition | 11 | | should or should not be granted, and shall grant or deny | 12 | | the petition to expunge or seal the records based on the | 13 | | evidence presented at the hearing. The court may consider | 14 | | the following: | 15 | | (A) the strength of the evidence supporting the | 16 | | defendant's conviction; | 17 | | (B) the reasons for retention of the conviction | 18 | | records by the State; | 19 | | (C) the petitioner's age, criminal record history, | 20 | | and employment history; | 21 | | (D) the period of time between the petitioner's | 22 | | arrest on the charge resulting in the conviction and | 23 | | the filing of the petition under this Section; and | 24 | | (E) the specific adverse consequences the | 25 | | petitioner may be subject to if the petition is | 26 | | denied. |
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| 1 | | (8) Service of order. After entering an order to | 2 | | expunge or
seal records, the court must provide copies of | 3 | | the order to the
Department, in a form and manner | 4 | | prescribed by the Department,
to the petitioner, to the | 5 | | State's Attorney or prosecutor
charged with the duty of | 6 | | prosecuting the offense, to the
arresting agency, to the | 7 | | chief legal officer of the unit of
local government | 8 | | effecting the arrest, and to such other
criminal justice | 9 | | agencies as may be ordered by the court. | 10 | | (9) Implementation of order. | 11 | | (A) Upon entry of an order to expunge records | 12 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | 13 | | (i) the records shall be expunged (as defined | 14 | | in subsection (a)(1)(E)) by the arresting agency, | 15 | | the Department, and any other agency as ordered by | 16 | | the court, within 60 days of the date of service of | 17 | | the order, unless a motion to vacate, modify, or | 18 | | reconsider the order is filed pursuant to | 19 | | paragraph (12) of subsection (d) of this Section; | 20 | | (ii) the records of the circuit court clerk | 21 | | shall be impounded until further order of the | 22 | | court 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 | | and | 3 | | (iii) in response to an inquiry for expunged | 4 | | records, the court, the Department, or the agency | 5 | | receiving such inquiry, shall reply as it does in | 6 | | response to inquiries when no records ever | 7 | | existed. | 8 | | (B) Upon entry of an order to expunge records | 9 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | 10 | | (i) the records shall be expunged (as defined | 11 | | in subsection (a)(1)(E)) by the arresting agency | 12 | | and any other agency as ordered by the court, | 13 | | within 60 days of the date of service of the order, | 14 | | unless a motion to vacate, modify, or reconsider | 15 | | the order is filed pursuant to paragraph (12) of | 16 | | subsection (d) of this Section; | 17 | | (ii) the records of the circuit court clerk | 18 | | shall be impounded until further order of the | 19 | | court upon good cause shown and the name of the | 20 | | petitioner obliterated on the official index | 21 | | required to be kept by the circuit court clerk | 22 | | under Section 16 of the Clerks of Courts Act, but | 23 | | the order shall not affect any index issued by the | 24 | | circuit court clerk before the entry of the order; | 25 | | (iii) the records shall be impounded by the
| 26 | | Department within 60 days of the date of service |
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| 1 | | of the order as ordered by the court, unless a | 2 | | motion to vacate, modify, or reconsider the order | 3 | | is filed pursuant to paragraph (12) of subsection | 4 | | (d) of this Section; | 5 | | (iv) records impounded by the Department may | 6 | | be disseminated by the Department only as required | 7 | | by law or to the arresting authority, the State's | 8 | | Attorney, and the court upon a later arrest for | 9 | | the same or a similar offense or for the purpose of | 10 | | sentencing for any subsequent felony, and to the | 11 | | Department of Corrections upon conviction for any | 12 | | offense; and | 13 | | (v) in response to an inquiry for such records | 14 | | from anyone not authorized by law to access such | 15 | | records, the court, the Department, or the agency | 16 | | receiving such inquiry shall reply as it does in | 17 | | response to inquiries when no records ever | 18 | | existed. | 19 | | (B-5) Upon entry of an order to expunge records | 20 | | under subsection (e-6): | 21 | | (i) the records shall be expunged (as defined | 22 | | in subsection (a)(1)(E)) by the arresting agency | 23 | | and any other agency as ordered by the court, | 24 | | within 60 days of the date of service of the order, | 25 | | unless a motion to vacate, modify, or reconsider | 26 | | the order is filed under paragraph (12) of |
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| 1 | | subsection (d) of this Section; | 2 | | (ii) the records of the circuit court clerk | 3 | | shall be impounded until further order of the | 4 | | court upon good cause shown and the name of the | 5 | | petitioner obliterated on the official index | 6 | | required to be kept by the circuit court clerk | 7 | | under Section 16 of the Clerks of Courts Act, but | 8 | | the order shall not affect any index issued by the | 9 | | circuit court clerk before the entry of the order; | 10 | | (iii) the records shall be impounded by the
| 11 | | Department within 60 days of the date of service | 12 | | of the order as ordered by the court, unless a | 13 | | motion to vacate, modify, or reconsider the order | 14 | | is filed under paragraph (12) of subsection (d) of | 15 | | this Section; | 16 | | (iv) records impounded by the Department may | 17 | | be disseminated by the Department only as required | 18 | | by law or to the arresting authority, the State's | 19 | | Attorney, and the court upon a later arrest for | 20 | | the same or a similar offense or for the purpose of | 21 | | sentencing for any subsequent felony, and to the | 22 | | Department of Corrections upon conviction for any | 23 | | offense; and | 24 | | (v) in response to an inquiry for these | 25 | | records from anyone not authorized by law to | 26 | | access the records, the court, the Department, or |
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| 1 | | the agency receiving the inquiry shall reply as it | 2 | | does in response to inquiries when no records ever | 3 | | existed. | 4 | | (C) Upon entry of an order to seal records under | 5 | | subsection
(c), the arresting agency, any other agency | 6 | | as ordered by the court, the Department, and the court | 7 | | shall seal the records (as defined in subsection | 8 | | (a)(1)(K)). In response to an inquiry for such | 9 | | records, from anyone not authorized by law to access | 10 | | such records, the court, the Department, or the agency | 11 | | receiving such inquiry shall reply as it does in | 12 | | response to inquiries when no records ever existed. | 13 | | (D) The Department shall send written notice to | 14 | | the petitioner of its compliance with each order to | 15 | | expunge or seal records within 60 days of the date of | 16 | | service of that order or, if a motion to vacate, | 17 | | modify, or reconsider is filed, within 60 days of | 18 | | service of the order resolving the motion, if that | 19 | | order requires the Department to expunge or seal | 20 | | records. In the event of an appeal from the circuit | 21 | | court order, the Department shall send written notice | 22 | | to the petitioner of its compliance with an Appellate | 23 | | Court or Supreme Court judgment to expunge or seal | 24 | | records within 60 days of the issuance of the court's | 25 | | mandate. The notice is not required while any motion | 26 | | to vacate, modify, or reconsider, or any appeal or |
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| 1 | | petition for discretionary appellate review, is | 2 | | pending. | 3 | | (E) Upon motion, the court may order that a sealed | 4 | | judgment or other court record necessary to | 5 | | demonstrate the amount of any legal financial | 6 | | obligation due and owing be made available for the | 7 | | limited purpose of collecting any legal financial | 8 | | obligations owed by the petitioner that were | 9 | | established, imposed, or originated in the criminal | 10 | | proceeding for which those records have been sealed. | 11 | | The records made available under this subparagraph (E) | 12 | | shall not be entered into the official index required | 13 | | to be kept by the circuit court clerk under Section 16 | 14 | | of the Clerks of Courts Act and shall be immediately | 15 | | re-impounded upon the collection of the outstanding | 16 | | financial obligations. | 17 | | (F) Notwithstanding any other provision of this | 18 | | Section, a circuit court clerk may access a sealed | 19 | | record for the limited purpose of collecting payment | 20 | | for any legal financial obligations that were | 21 | | established, imposed, or originated in the criminal | 22 | | proceedings for which those records have been sealed. | 23 | | (10) Fees. The Department may charge the petitioner a | 24 | | fee equivalent to the cost of processing any order to | 25 | | expunge or seal records. Notwithstanding any provision of | 26 | | the Clerks of Courts Act to the contrary, the circuit |
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| 1 | | court clerk may charge a fee equivalent to the cost | 2 | | associated with the sealing or expungement of records by | 3 | | the circuit court clerk. From the total filing fee | 4 | | collected for the petition to seal or expunge, the circuit | 5 | | court clerk shall deposit $10 into the Circuit Court Clerk | 6 | | Operation and Administrative Fund, to be used to offset | 7 | | the costs incurred by the circuit court clerk in | 8 | | performing the additional duties required to serve the | 9 | | petition to seal or expunge on all parties. The circuit | 10 | | court clerk shall collect and forward the Department of | 11 | | State Police portion of the fee to the Department and it | 12 | | shall be deposited in the State Police Services Fund. If | 13 | | the record brought under an expungement petition was | 14 | | previously sealed under this Section, the fee for the | 15 | | expungement petition for that same record shall be waived. | 16 | | (11) Final Order. No court order issued under the | 17 | | expungement or sealing provisions of this Section shall | 18 | | become final for purposes of appeal until 30 days after | 19 | | service of the order on the petitioner and all parties | 20 | | entitled to notice of the petition. | 21 | | (12) Motion to Vacate, Modify, or Reconsider. Under | 22 | | Section 2-1203 of the Code of Civil Procedure, the | 23 | | petitioner or any party entitled to notice may file a | 24 | | motion to vacate, modify, or reconsider the order granting | 25 | | or denying the petition to expunge or seal within 60 days | 26 | | of service of the order. If filed more than 60 days after |
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| 1 | | service of the order, a petition to vacate, modify, or | 2 | | reconsider shall comply with subsection (c) of Section | 3 | | 2-1401 of the Code of Civil Procedure. Upon filing of a | 4 | | motion to vacate, modify, or reconsider, notice of the | 5 | | motion shall be served upon the petitioner and all parties | 6 | | entitled to notice of the petition. | 7 | | (13) Effect of Order. An order granting a petition | 8 | | under the expungement or sealing provisions of this | 9 | | Section shall not be considered void because it fails to | 10 | | comply with the provisions of this Section or because of | 11 | | any error asserted in a motion to vacate, modify, or | 12 | | reconsider. The circuit court retains jurisdiction to | 13 | | determine whether the order is voidable and to vacate, | 14 | | modify, or reconsider its terms based on a motion filed | 15 | | under paragraph (12) of this subsection (d). | 16 | | (14) Compliance with Order Granting Petition to Seal | 17 | | Records. Unless a court has entered a stay of an order | 18 | | granting a petition to seal, all parties entitled to | 19 | | notice of the petition must fully comply with the terms of | 20 | | the order within 60 days of service of the order even if a | 21 | | party is seeking relief from the order through a motion | 22 | | filed under paragraph (12) of this subsection (d) or is | 23 | | appealing the order. | 24 | | (15) Compliance with Order Granting Petition to | 25 | | Expunge Records. While a party is seeking relief from the | 26 | | order granting the petition to expunge through a motion |
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| 1 | | filed under paragraph (12) of this subsection (d) or is | 2 | | appealing the order, and unless a court has entered a stay | 3 | | of that order, the parties entitled to notice of the | 4 | | petition must seal, but need not expunge, the records | 5 | | until there is a final order on the motion for relief or, | 6 | | in the case of an appeal, the issuance of that court's | 7 | | mandate. | 8 | | (16) The changes to this subsection (d) made by Public | 9 | | Act 98-163 apply to all petitions pending on August 5, | 10 | | 2013 (the effective date of Public Act 98-163) and to all | 11 | | orders ruling on a petition to expunge or seal on or after | 12 | | August 5, 2013 (the effective date of Public Act 98-163). | 13 | | (e) Whenever a person who has been convicted of an offense | 14 | | is granted
a pardon by the Governor which specifically | 15 | | authorizes expungement, he or she may,
upon verified petition | 16 | | to the Chief Judge of the circuit where the person had
been | 17 | | convicted, any judge of the circuit designated by the Chief | 18 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 19 | | presiding trial judge at the
defendant's trial, have a court | 20 | | order entered expunging the record of
arrest from the official | 21 | | records of the arresting authority and order that the
records | 22 | | of the circuit court clerk and the Department be sealed until
| 23 | | further order of the court upon good cause shown or as | 24 | | otherwise provided
herein, and the name of the defendant | 25 | | obliterated from the official index
requested to be kept by | 26 | | the circuit court clerk under Section 16 of the Clerks
of |
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| 1 | | Courts Act in connection with the arrest and conviction for | 2 | | the offense for
which he or she had been pardoned but the order | 3 | | shall not affect any index issued by
the circuit court clerk | 4 | | before the entry of the order. All records sealed by
the | 5 | | Department may be disseminated by the Department only to the | 6 | | arresting authority, the State's Attorney, and the court upon | 7 | | a later
arrest for the same or similar offense or for the | 8 | | purpose of sentencing for any
subsequent felony. Upon | 9 | | conviction for any subsequent offense, the Department
of | 10 | | Corrections shall have access to all sealed records of the | 11 | | Department
pertaining to that individual. Upon entry of the | 12 | | order of expungement, the
circuit court clerk shall promptly | 13 | | mail a copy of the order to the
person who was pardoned. | 14 | | (e-5) Whenever a person who has been convicted of an | 15 | | offense is granted a certificate of eligibility for sealing by | 16 | | the Prisoner Review Board which specifically authorizes | 17 | | sealing, he or she may, upon verified petition to the Chief | 18 | | Judge of the circuit where the person had been convicted, any | 19 | | judge of the circuit designated by the Chief Judge, or in | 20 | | counties of less than 3,000,000 inhabitants, the presiding | 21 | | trial judge at the petitioner's trial, have a court order | 22 | | entered sealing the record of arrest from the official records | 23 | | of the arresting authority and order that the records of the | 24 | | circuit court clerk and the Department be sealed until further | 25 | | order of the court upon good cause shown or as otherwise | 26 | | provided herein, and the name of the petitioner obliterated |
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| 1 | | from the official index requested to be kept by the circuit | 2 | | court clerk under Section 16 of the Clerks of Courts Act in | 3 | | connection with the arrest and conviction for the offense for | 4 | | which he or she had been granted the certificate but the order | 5 | | shall not affect any index issued by the circuit court clerk | 6 | | before the entry of the order. All records sealed by the | 7 | | Department may be disseminated by the Department only as | 8 | | required by this Act or to the arresting authority, a law | 9 | | enforcement agency, the State's Attorney, and the court upon a | 10 | | later arrest for the same or similar offense or for the purpose | 11 | | of sentencing for any subsequent felony. Upon conviction for | 12 | | any subsequent offense, the Department of Corrections shall | 13 | | have access to all sealed records of the Department pertaining | 14 | | to that individual. Upon entry of the order of sealing, the | 15 | | circuit court clerk shall promptly mail a copy of the order to | 16 | | the person who was granted the certificate of eligibility for | 17 | | sealing. | 18 | | (e-6) Whenever a person who has been convicted of an | 19 | | offense is granted a certificate of eligibility for | 20 | | expungement by the Prisoner Review Board which specifically | 21 | | authorizes expungement, he or she may, upon verified petition | 22 | | to the Chief Judge of the circuit where the person had been | 23 | | convicted, any judge of the circuit designated by the Chief | 24 | | Judge, or in counties of less than 3,000,000 inhabitants, the | 25 | | presiding trial judge at the petitioner's trial, have a court | 26 | | order entered expunging the record of arrest from the official |
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| 1 | | records of the arresting authority and order that the records | 2 | | of the circuit court clerk and the Department be sealed until | 3 | | further order of the court upon good cause shown or as | 4 | | otherwise provided herein, and the name of the petitioner | 5 | | obliterated from the official index requested to be kept by | 6 | | the circuit court clerk under Section 16 of the Clerks of | 7 | | Courts Act in connection with the arrest and conviction for | 8 | | the offense for which he or she had been granted the | 9 | | certificate but the order shall not affect any index issued by | 10 | | the circuit court clerk before the entry of the order. All | 11 | | records sealed by the Department may be disseminated by the | 12 | | Department only as required by this Act or to the arresting | 13 | | authority, a law enforcement agency, the State's Attorney, and | 14 | | the court upon a later arrest for the same or similar offense | 15 | | or for the purpose of sentencing for any subsequent felony. | 16 | | Upon conviction for any subsequent offense, the Department of | 17 | | Corrections shall have access to all expunged records of the | 18 | | Department pertaining to that individual. Upon entry of the | 19 | | order of expungement, the circuit court clerk shall promptly | 20 | | mail a copy of the order to the person who was granted the | 21 | | certificate of eligibility for expungement. | 22 | | (f) Subject to available funding, the Illinois Department
| 23 | | of Corrections shall conduct a study of the impact of sealing,
| 24 | | especially on employment and recidivism rates, utilizing a
| 25 | | random sample of those who apply for the sealing of their
| 26 | | criminal records under Public Act 93-211. At the request of |
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| 1 | | the
Illinois Department of Corrections, records of the | 2 | | Illinois
Department of Employment Security shall be utilized | 3 | | as
appropriate to assist in the study. The study shall not
| 4 | | disclose any data in a manner that would allow the
| 5 | | identification of any particular individual or employing unit.
| 6 | | The study shall be made available to the General Assembly no
| 7 | | later than September 1, 2010.
| 8 | | (g) Immediate Sealing. | 9 | | (1) Applicability. Notwithstanding any other provision | 10 | | of this Act to the contrary, and cumulative with any | 11 | | rights to expungement or sealing of criminal records, this | 12 | | subsection authorizes the immediate sealing of criminal | 13 | | records of adults and of minors prosecuted as adults. | 14 | | (2) Eligible Records. Arrests or charges not initiated | 15 | | by arrest resulting in acquittal or dismissal with | 16 | | prejudice, except as excluded by subsection (a)(3)(B), | 17 | | that occur on or after January 1, 2018 (the effective date | 18 | | of Public Act 100-282), may be sealed immediately if the | 19 | | petition is filed with the circuit court clerk on the same | 20 | | day and during the same hearing in which the case is | 21 | | disposed. | 22 | | (3) When Records are Eligible to be Immediately | 23 | | Sealed. Eligible records under paragraph (2) of this | 24 | | subsection (g) may be sealed immediately after entry of | 25 | | the final disposition of a case, notwithstanding the | 26 | | disposition of other charges in the same case. |
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| 1 | | (4) Notice of Eligibility for Immediate Sealing. Upon | 2 | | entry of a disposition for an eligible record under this | 3 | | subsection (g), the defendant shall be informed by the | 4 | | court of his or her right to have eligible records | 5 | | immediately sealed and the procedure for the immediate | 6 | | sealing of these records. | 7 | | (5) Procedure. The following procedures apply to | 8 | | immediate sealing under this subsection (g). | 9 | | (A) Filing the Petition. Upon entry of the final | 10 | | disposition of the case, the defendant's attorney may | 11 | | immediately petition the court, on behalf of the | 12 | | defendant, for immediate sealing of eligible records | 13 | | under paragraph (2) of this subsection (g) that are | 14 | | entered on or after January 1, 2018 (the effective | 15 | | date of Public Act 100-282). The immediate sealing | 16 | | petition may be filed with the circuit court clerk | 17 | | during the hearing in which the final disposition of | 18 | | the case is entered. If the defendant's attorney does | 19 | | not file the petition for immediate sealing during the | 20 | | hearing, the defendant may file a petition for sealing | 21 | | at any time as authorized under subsection (c)(3)(A). | 22 | | (B) Contents of Petition. The immediate sealing | 23 | | petition shall be verified and shall contain the | 24 | | petitioner's name, date of birth, current address, and | 25 | | for each eligible record, the case number, the date of | 26 | | arrest if applicable, the identity of the arresting |
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| 1 | | authority if applicable, and other information as the | 2 | | court may require. | 3 | | (C) Drug Test. The petitioner shall not be | 4 | | required to attach proof that he or she has passed a | 5 | | drug test. | 6 | | (D) Service of Petition. A copy of the petition | 7 | | shall be served on the State's Attorney in open court. | 8 | | The petitioner shall not be required to serve a copy of | 9 | | the petition on any other agency. | 10 | | (E) Entry of Order. The presiding trial judge | 11 | | shall enter an order granting or denying the petition | 12 | | for immediate sealing during the hearing in which it | 13 | | is filed. Petitions for immediate sealing shall be | 14 | | ruled on in the same hearing in which the final | 15 | | disposition of the case is entered. | 16 | | (F) Hearings. The court shall hear the petition | 17 | | for immediate sealing on the same day and during the | 18 | | same hearing in which the disposition is rendered. | 19 | | (G) Service of Order. An order to immediately seal | 20 | | eligible records shall be served in conformance with | 21 | | subsection (d)(8). | 22 | | (H) Implementation of Order. An order to | 23 | | immediately seal records shall be implemented in | 24 | | conformance with subsections (d)(9)(C) and (d)(9)(D). | 25 | | (I) Fees. The fee imposed by the circuit court | 26 | | clerk and the Department of State Police shall comply |
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| 1 | | with paragraph (1) of subsection (d) of this Section. | 2 | | (J) Final Order. No court order issued under this | 3 | | subsection (g) shall become final for purposes of | 4 | | appeal until 30 days after service of the order on the | 5 | | petitioner and all parties entitled to service of the | 6 | | order in conformance with subsection (d)(8). | 7 | | (K) Motion to Vacate, Modify, or Reconsider. Under | 8 | | Section 2-1203 of the Code of Civil Procedure, the | 9 | | petitioner, State's Attorney, or the Department of | 10 | | State Police may file a motion to vacate, modify, or | 11 | | reconsider the order denying the petition to | 12 | | immediately seal within 60 days of service of the | 13 | | order. If filed more than 60 days after service of the | 14 | | order, a petition to vacate, modify, or reconsider | 15 | | shall comply with subsection (c) of Section 2-1401 of | 16 | | the Code of Civil Procedure. | 17 | | (L) Effect of Order. An order granting an | 18 | | immediate sealing petition shall not be considered | 19 | | void because it fails to comply with the provisions of | 20 | | this Section or because of an error asserted in a | 21 | | motion to vacate, modify, or reconsider. The circuit | 22 | | court retains jurisdiction to determine whether the | 23 | | order is voidable, and to vacate, modify, or | 24 | | reconsider its terms based on a motion filed under | 25 | | subparagraph (L) of this subsection (g). | 26 | | (M) Compliance with Order Granting Petition to |
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| 1 | | Seal Records. Unless a court has entered a stay of an | 2 | | order granting a petition to immediately seal, all | 3 | | parties entitled to service of the order must fully | 4 | | comply with the terms of the order within 60 days of | 5 | | service of the order. | 6 | | (h) Sealing; trafficking victims. | 7 | | (1) A trafficking victim as defined by paragraph (10) | 8 | | of subsection (a) of Section 10-9 of the Criminal Code of | 9 | | 2012 shall be eligible to petition for immediate sealing | 10 | | of his or her criminal record upon the completion of his or | 11 | | her last sentence if his or her participation in the | 12 | | underlying offense was a direct result of human | 13 | | trafficking under Section 10-9 of the Criminal Code of | 14 | | 2012 or a severe form of trafficking under the federal | 15 | | Trafficking Victims Protection Act. | 16 | | (2) A petitioner under this subsection (h), in | 17 | | addition to the requirements provided under paragraph (4) | 18 | | of subsection (d) of this Section, shall include in his or | 19 | | her petition a clear and concise statement that: (A) he or | 20 | | she was a victim of human trafficking at the time of the | 21 | | offense; and (B) that his or her participation in the | 22 | | offense was a direct result of human trafficking under | 23 | | Section 10-9 of the Criminal Code of 2012 or a severe form | 24 | | of trafficking under the federal Trafficking Victims | 25 | | Protection Act. | 26 | | (3) If an objection is filed alleging that the |
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| 1 | | petitioner is not entitled to immediate sealing under this | 2 | | subsection (h), the court shall conduct a hearing under | 3 | | paragraph (7) of subsection (d) of this Section and the | 4 | | court shall determine whether the petitioner is entitled | 5 | | to immediate sealing under this subsection (h). A | 6 | | petitioner is eligible for immediate relief under this | 7 | | subsection (h) if he or she shows, by a preponderance of | 8 | | the evidence, that: (A) he or she was a victim of human | 9 | | trafficking at the time of the offense; and (B) that his or | 10 | | her participation in the offense was a direct result of | 11 | | human trafficking under Section 10-9 of the Criminal Code | 12 | | of 2012 or a severe form of trafficking under the federal | 13 | | Trafficking Victims Protection Act. | 14 | | (i) Minor Cannabis Offenses under the Cannabis Control | 15 | | Act. | 16 | | (1) Expungement of Arrest Records of Minor Cannabis | 17 | | Offenses. | 18 | | (A) The Department of State Police and all law | 19 | | enforcement agencies within the State shall | 20 | | automatically expunge all criminal history records of | 21 | | an arrest, charge not initiated by arrest, order of | 22 | | supervision, or order of qualified probation for a | 23 | | Minor Cannabis Offense committed prior to June 25, | 24 | | 2019 (the effective date of Public Act 101-27) if: | 25 | | (i) One year or more has elapsed since the | 26 | | date of the arrest or law enforcement interaction |
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| 1 | | documented in the records; and | 2 | | (ii) No criminal charges were filed relating | 3 | | to the arrest or law enforcement interaction or | 4 | | criminal charges were filed and subsequently | 5 | | dismissed or vacated or the arrestee was | 6 | | acquitted. | 7 | | (B) If the law enforcement agency is unable to | 8 | | verify satisfaction of condition (ii) in paragraph | 9 | | (A), records that satisfy condition (i) in paragraph | 10 | | (A) shall be automatically expunged. | 11 | | (C) Records shall be expunged by the law | 12 | | enforcement agency under the following timelines: | 13 | | (i) Records created prior to June 25, 2019 | 14 | | (the effective date of Public Act 101-27), but on | 15 | | or after January 1, 2013, shall be automatically | 16 | | expunged prior to January 1, 2021; | 17 | | (ii) Records created prior to January 1, 2013, | 18 | | but on or after January 1, 2000, shall be | 19 | | automatically expunged prior to January 1, 2023; | 20 | | (iii) Records created prior to January 1, 2000 | 21 | | shall be automatically expunged prior to January | 22 | | 1, 2025. | 23 | | In response to an inquiry for expunged records, | 24 | | the law enforcement agency receiving such inquiry | 25 | | shall reply as it does in response to inquiries when no | 26 | | records ever existed; however, it shall provide a |
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| 1 | | certificate of disposition or confirmation that the | 2 | | record was expunged to the individual whose record was | 3 | | expunged if such a record exists. | 4 | | (D) Nothing in this Section shall be construed to | 5 | | restrict or modify an individual's right to have that | 6 | | individual's records expunged except as otherwise may | 7 | | be provided in this Act, or diminish or abrogate any | 8 | | rights or remedies otherwise available to the | 9 | | individual. | 10 | | (2) Pardons Authorizing Expungement of Minor Cannabis | 11 | | Offenses. | 12 | | (A) Upon June 25, 2019 (the effective date of | 13 | | Public Act 101-27), the Department of State Police | 14 | | shall review all criminal history record information | 15 | | and identify all records that meet all of the | 16 | | following criteria: | 17 | | (i) one or more convictions for a Minor | 18 | | Cannabis Offense; | 19 | | (ii) the conviction identified in paragraph | 20 | | (2)(A)(i) did not include a penalty enhancement | 21 | | under Section 7 of the Cannabis Control Act; and | 22 | | (iii) the conviction identified in paragraph | 23 | | (2)(A)(i) is not associated with a conviction for | 24 | | a violent crime as defined in subsection (c) of | 25 | | Section 3 of the Rights of Crime Victims and | 26 | | Witnesses Act. |
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| 1 | | (B) Within 180 days after June 25, 2019 (the | 2 | | effective date of Public Act 101-27), the Department | 3 | | of State Police shall notify the Prisoner Review Board | 4 | | of all such records that meet the criteria established | 5 | | in paragraph (2)(A). | 6 | | (i) The Prisoner Review Board shall notify the | 7 | | State's Attorney of the county of conviction of | 8 | | each record identified by State Police in | 9 | | paragraph (2)(A) that is classified as a Class 4 | 10 | | felony. The State's Attorney may provide a written | 11 | | objection to the Prisoner Review Board on the sole | 12 | | basis that the record identified does not meet the | 13 | | criteria established in paragraph (2)(A). Such an | 14 | | objection must be filed within 60 days or by such | 15 | | later date set by the Prisoner Review Board in the | 16 | | notice after the State's Attorney received notice | 17 | | from the Prisoner Review Board. | 18 | | (ii) In response to a written objection from a | 19 | | State's Attorney, the Prisoner Review Board is | 20 | | authorized to conduct a non-public hearing to | 21 | | evaluate the information provided in the | 22 | | objection. | 23 | | (iii) The Prisoner Review Board shall make a | 24 | | confidential and privileged recommendation to the | 25 | | Governor as to whether to grant a pardon | 26 | | authorizing expungement for each of the records |
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| 1 | | identified by the Department of State Police as | 2 | | described in paragraph (2)(A). | 3 | | (C) If an individual has been granted a pardon | 4 | | authorizing expungement as described in this Section, | 5 | | the Prisoner Review Board, through the Attorney | 6 | | General, shall file a petition for expungement with | 7 | | the Chief Judge of the circuit or any judge of the | 8 | | circuit designated by the Chief Judge where the | 9 | | individual had been convicted. Such petition may | 10 | | include more than one individual. Whenever an | 11 | | individual who has been convicted of an offense is | 12 | | granted a pardon by the Governor that specifically | 13 | | authorizes expungement, an objection to the petition | 14 | | may not be filed. Petitions to expunge under this | 15 | | subsection (i) may include more than one individual. | 16 | | Within 90 days of the filing of such a petition, the | 17 | | court shall enter an order expunging the records of | 18 | | arrest from the official records of the arresting | 19 | | authority and order that the records of the circuit | 20 | | court clerk and the Department of State Police be | 21 | | expunged and the name of the defendant obliterated | 22 | | from the official index requested to be kept by the | 23 | | circuit court clerk under Section 16 of the Clerks of | 24 | | Courts Act in connection with the arrest and | 25 | | conviction for the offense for which the individual | 26 | | had received a pardon but the order shall not affect |
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| 1 | | any index issued by the circuit court clerk before the | 2 | | entry of the order. Upon entry of the order of | 3 | | expungement, the circuit court clerk shall promptly | 4 | | provide a copy of the order and a certificate of | 5 | | disposition to the individual who was pardoned to the | 6 | | individual's last known address or by electronic means | 7 | | (if available) or otherwise make it available to the | 8 | | individual upon request. | 9 | | (D) Nothing in this Section is intended to | 10 | | diminish or abrogate any rights or remedies otherwise | 11 | | available to the individual. | 12 | | (3) Any individual may file a motion to vacate and | 13 | | expunge a conviction for a misdemeanor or Class 4 felony | 14 | | violation of Section 4 or Section 5 of the Cannabis | 15 | | Control Act. Motions to vacate and expunge under this | 16 | | subsection (i) may be filed with the circuit court, Chief | 17 | | Judge of a judicial circuit or any judge of the circuit | 18 | | designated by the Chief Judge. The circuit court clerk | 19 | | shall promptly serve a copy of the motion to vacate and | 20 | | expunge, and any supporting documentation, on the State's | 21 | | Attorney or prosecutor charged with the duty of | 22 | | prosecuting the offense. When considering such a motion to | 23 | | vacate and expunge, a court shall consider the following: | 24 | | the reasons to retain the records provided by law | 25 | | enforcement, the petitioner's age, the petitioner's age at | 26 | | the time of offense, the time since the conviction, and |
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| 1 | | the specific adverse consequences if denied. An individual | 2 | | may file such a petition after the completion of any | 3 | | non-financial sentence or non-financial condition imposed | 4 | | by the conviction. Within 60 days of the filing of such | 5 | | motion, a State's Attorney may file an objection to such a | 6 | | petition along with supporting evidence. If a motion to | 7 | | vacate and expunge is granted, the records shall be | 8 | | expunged in accordance with subparagraphs (d)(8) and | 9 | | (d)(9)(A) of this Section. An agency providing civil legal | 10 | | aid, as defined by Section 15 of the Public Interest | 11 | | Attorney Assistance Act, assisting individuals seeking to | 12 | | file a motion to vacate and expunge under this subsection | 13 | | may file motions to vacate and expunge with the Chief | 14 | | Judge of a judicial circuit or any judge of the circuit | 15 | | designated by the Chief Judge, and the motion may include | 16 | | more than one individual. Motions filed by an agency | 17 | | providing civil legal aid concerning more than one | 18 | | individual may be prepared, presented, and signed | 19 | | electronically. | 20 | | (4) Any State's Attorney may file a motion to vacate | 21 | | and expunge a conviction for a misdemeanor or Class 4 | 22 | | felony violation of Section 4 or Section 5 of the Cannabis | 23 | | Control Act. Motions to vacate and expunge under this | 24 | | subsection (i) may be filed with the circuit court, Chief | 25 | | Judge of a judicial circuit or any judge of the circuit | 26 | | designated by the Chief Judge, and may include more than |
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| 1 | | one individual. Motions filed by a State's Attorney | 2 | | concerning more than one individual may be prepared, | 3 | | presented, and signed electronically. When considering | 4 | | such a motion to vacate and expunge, a court shall | 5 | | consider the following: the reasons to retain the records | 6 | | provided by law enforcement, the individual's age, the | 7 | | individual's age at the time of offense, the time since | 8 | | the conviction, and the specific adverse consequences if | 9 | | denied. Upon entry of an order granting a motion to vacate | 10 | | and expunge records pursuant to this Section, the State's | 11 | | Attorney shall notify the Prisoner Review Board within 30 | 12 | | days. Upon entry of the order of expungement, the circuit | 13 | | court clerk shall promptly provide a copy of the order and | 14 | | a certificate of disposition to the individual whose | 15 | | records will be expunged to the individual's last known | 16 | | address or by electronic means (if available) or otherwise | 17 | | make available to the individual upon request. If a motion | 18 | | to vacate and expunge is granted, the records shall be | 19 | | expunged in accordance with subparagraphs (d)(8) and | 20 | | (d)(9)(A) of this Section. | 21 | | (5) In the public interest, the State's Attorney of a | 22 | | county has standing to file motions to vacate and expunge | 23 | | pursuant to this Section in the circuit court with | 24 | | jurisdiction over the underlying conviction. | 25 | | (6) If a person is arrested for a Minor Cannabis | 26 | | Offense as defined in this Section before June 25, 2019 |
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| 1 | | (the effective date of Public Act 101-27) and the person's | 2 | | case is still pending but a sentence has not been imposed, | 3 | | the person may petition the court in which the charges are | 4 | | pending for an order to summarily dismiss those charges | 5 | | against him or her, and expunge all official records of | 6 | | his or her arrest, plea, trial, conviction, incarceration, | 7 | | supervision, or expungement. If the court determines, upon | 8 | | review, that:
(A) the person was arrested before June 25, | 9 | | 2019 (the effective date of Public Act 101-27) for an | 10 | | offense that has been made eligible for expungement;
(B) | 11 | | the case is pending at the time; and
(C) the person has not | 12 | | been sentenced of the minor cannabis violation eligible | 13 | | for expungement under this subsection, the court shall | 14 | | consider the following: the reasons to retain the records | 15 | | provided by law enforcement, the petitioner's age, the | 16 | | petitioner's age at the time of offense, the time since | 17 | | the conviction, and the specific adverse consequences if | 18 | | denied. If a motion to dismiss and expunge is granted, the | 19 | | records shall be expunged in accordance with subparagraph | 20 | | (d)(9)(A) of this Section. | 21 | | (7) A person imprisoned solely as a result of one or | 22 | | more convictions for Minor Cannabis Offenses under this | 23 | | subsection (i) shall be released from incarceration upon | 24 | | the issuance of an order under this subsection. | 25 | | (8) The Department of State Police shall allow a | 26 | | person to use the access and review process, established |
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| 1 | | in the Department of State Police, for verifying that his | 2 | | or her records relating to Minor Cannabis Offenses of the | 3 | | Cannabis Control Act eligible under this Section have been | 4 | | expunged. | 5 | | (9) No conviction vacated pursuant to this Section | 6 | | shall serve as the basis for damages for time unjustly | 7 | | served as provided in the Court of Claims Act. | 8 | | (10) Effect of Expungement. A person's right to | 9 | | expunge an expungeable offense shall not be limited under | 10 | | this Section. The effect of an order of expungement shall | 11 | | be to restore the person to the status he or she occupied | 12 | | before the arrest, charge, or conviction. | 13 | | (11) Information. The Department of State Police shall | 14 | | post general information on its website about the | 15 | | expungement process described in this subsection (i). | 16 | | (Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18; | 17 | | 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff. | 18 | | 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863, | 19 | | eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | 20 | | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. | 21 | | 12-4-19; 101-645, eff. 6-26-20; revised 8-18-20.)
| 22 | | Section 10. The Illinois Controlled Substances Act is | 23 | | amended by changing Sections 401, 402, and 408 as follows:
| 24 | | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
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| 1 | | Sec. 401. Manufacture or delivery, or possession with | 2 | | intent to
manufacture or deliver, a controlled substance, a | 3 | | counterfeit substance, or controlled substance analog. Except | 4 | | as authorized by this Act, it is unlawful for any
person | 5 | | knowingly to manufacture or deliver, or possess with intent to
| 6 | | manufacture or deliver, a controlled substance other than | 7 | | methamphetamine and other than bath salts as defined in the | 8 | | Bath Salts Prohibition Act sold or offered for sale in a retail | 9 | | mercantile establishment as defined in Section 16-0.1 of the | 10 | | Criminal Code of 2012, a counterfeit substance, or a | 11 | | controlled
substance analog. A violation of this Act with | 12 | | respect to each of the controlled
substances listed herein | 13 | | constitutes a single and separate violation of this
Act. For | 14 | | purposes of this Section, "controlled substance analog" or | 15 | | "analog"
means a substance, other than a controlled substance, | 16 | | which is not approved by the United States Food and Drug | 17 | | Administration or, if approved, is not dispensed or possessed | 18 | | in accordance with State or federal law, and that has a | 19 | | chemical structure substantially similar to that of a | 20 | | controlled
substance in Schedule I or II, or that was | 21 | | specifically designed to produce
an effect substantially | 22 | | similar to that of a controlled substance in Schedule
I or II. | 23 | | Examples of chemical classes in which controlled substance | 24 | | analogs
are found include, but are not limited to, the | 25 | | following: phenethylamines,
N-substituted piperidines, | 26 | | morphinans, ecgonines, quinazolinones, substituted
indoles, |
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| 1 | | and arylcycloalkylamines. For purposes of this Act, a | 2 | | controlled
substance analog shall be treated in the same | 3 | | manner as the controlled
substance to which it is | 4 | | substantially similar.
| 5 | | (a) Any person who violates this Section with respect to | 6 | | the following
amounts of controlled or counterfeit substances | 7 | | or controlled substance
analogs, notwithstanding any of the | 8 | | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the | 9 | | contrary, is guilty of a Class X felony
and shall be sentenced | 10 | | to a term of imprisonment as provided in this subsection
(a) | 11 | | and fined as provided in subsection (b):
| 12 | | (1)(A) not less than 6 years and not more than 30 years | 13 | | with respect
to 15 grams or more but less than 100 grams of | 14 | | a substance containing
heroin, or an analog thereof;
| 15 | | (B) not less than 9 years and not more than 40 years | 16 | | with respect to 100
grams or more but less than 400 grams | 17 | | of a substance containing heroin, or
an analog thereof;
| 18 | | (C) not less than 12 years and not more than 50 years | 19 | | with respect to
400 grams or more but less than 900 grams | 20 | | of a substance containing heroin,
or an analog thereof;
| 21 | | (D) not less than 15 years and not more than 60 years | 22 | | with respect to
900 grams or more of any substance | 23 | | containing heroin, or an analog thereof;
| 24 | | (1.5)(A) not less than 6 years and not more than 30 | 25 | | years with respect to 15 grams or more but less than 100 | 26 | | grams of a substance containing fentanyl, or an analog |
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| 1 | | thereof; | 2 | | (B) not less than 9 years and not more than 40 years | 3 | | with respect to 100 grams or more but less than 400 grams | 4 | | of a substance containing fentanyl, or an analog thereof; | 5 | | (C) not less than 12 years and not more than 50 years | 6 | | with respect to 400 grams or more but less than 900 grams | 7 | | of a substance containing fentanyl, or an analog thereof; | 8 | | (D) not less than 15 years and not more than 60 years | 9 | | with respect to 900 grams or more of a substance | 10 | | containing fentanyl, or an analog thereof; | 11 | | (2)(A) not less than 6 years and not more than 30 years | 12 | | with respect
to 15 grams or more but less than 100 grams of | 13 | | a substance containing
cocaine, or an analog thereof;
| 14 | | (B) not less than 9 years and not more than 40 years | 15 | | with respect to 100
grams or more but less than 400 grams | 16 | | of a substance containing cocaine, or
an analog thereof;
| 17 | | (C) not less than 12 years and not more than 50 years | 18 | | with respect to
400 grams or more but less than 900 grams | 19 | | of a substance containing cocaine,
or an analog thereof;
| 20 | | (D) not less than 15 years and not more than 60 years | 21 | | with respect to
900 grams or more of any substance | 22 | | containing cocaine, or an analog thereof;
| 23 | | (3)(A) not less than 6 years and not more than 30 years | 24 | | with respect
to 15 grams or more but less than 100 grams of | 25 | | a substance containing
morphine, or an analog thereof;
| 26 | | (B) not less than 9 years and not more than 40 years |
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| 1 | | with respect to
100 grams or more but less than 400 grams | 2 | | of a substance containing morphine,
or an analog thereof;
| 3 | | (C) not less than 12 years and not more than 50 years | 4 | | with respect to
400 grams or more but less than 900 grams | 5 | | of a substance containing
morphine, or an analog thereof;
| 6 | | (D) not less than 15 years and not more than 60 years | 7 | | with respect to
900 grams or more of a substance | 8 | | containing morphine, or an analog thereof;
| 9 | | (4) 200 grams or more of any substance containing | 10 | | peyote, or an
analog thereof;
| 11 | | (5) 200 grams or more of any substance containing a | 12 | | derivative of
barbituric acid or any of the salts of a | 13 | | derivative of barbituric acid, or
an analog thereof;
| 14 | | (6) 200 grams or more of any substance containing | 15 | | amphetamine
or any salt of an optical isomer of | 16 | | amphetamine,
or an analog thereof;
| 17 | | (6.5) (blank);
| 18 | | (6.6) (blank);
| 19 | | (7)(A) not less than 6 years and not more than 30 years | 20 | | with respect
to: (i) 15 grams or more but less than 100 | 21 | | grams of a substance containing
lysergic acid diethylamide | 22 | | (LSD), or an analog thereof, or (ii) 15 or
more objects or | 23 | | 15 or more segregated parts of an object or objects but
| 24 | | less than 200 objects or 200 segregated parts of an object | 25 | | or objects
containing in them or having upon them any | 26 | | amounts of any substance
containing lysergic acid |
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| 1 | | diethylamide (LSD), or an analog thereof;
| 2 | | (B) not less than 9 years and not more than 40 years | 3 | | with respect
to: (i) 100 grams or more but less than 400 | 4 | | grams of a substance containing
lysergic acid diethylamide | 5 | | (LSD), or an analog thereof, or (ii) 200 or more
objects or | 6 | | 200 or more segregated parts of an object or objects but | 7 | | less
than 600 objects or less than 600 segregated parts of | 8 | | an object or objects
containing in them or having upon | 9 | | them any amount of any substance
containing lysergic acid | 10 | | diethylamide (LSD), or an analog thereof;
| 11 | | (C) not less than 12 years and not more than 50 years | 12 | | with respect
to: (i) 400 grams or more but less than 900 | 13 | | grams of a substance containing
lysergic acid diethylamide | 14 | | (LSD), or an analog thereof, or (ii) 600 or more
objects or | 15 | | 600 or more segregated parts of an object or objects but | 16 | | less
than 1500 objects or 1500 segregated parts of an | 17 | | object or objects
containing in them or having upon them | 18 | | any amount of any substance
containing lysergic acid | 19 | | diethylamide (LSD), or an analog thereof;
| 20 | | (D) not less than 15 years and not more than 60 years | 21 | | with respect
to: (i) 900 grams or more of any substance | 22 | | containing lysergic acid
diethylamide (LSD), or an analog | 23 | | thereof, or (ii) 1500 or more objects or
1500 or more | 24 | | segregated parts of an object or objects containing in | 25 | | them or
having upon them any amount of a substance | 26 | | containing lysergic acid
diethylamide (LSD), or an analog |
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| 1 | | thereof;
| 2 | | (7.5)(A) not less than 6 years and not more than 30 years | 3 | | with respect
to:
(i) 15
grams or more but less than 100 | 4 | | grams of a substance listed in paragraph (1),
(2), (2.1), | 5 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or | 6 | | (26) of subsection
(d) of Section 204, or an analog or | 7 | | derivative thereof, or (ii) 15 or more
pills, tablets, | 8 | | caplets, capsules, or objects but less than 200 pills, | 9 | | tablets,
caplets, capsules, or objects containing in them | 10 | | or having upon them any
amounts of any substance listed in | 11 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), | 12 | | (20.1), (21), (25), or (26) of subsection (d) of Section | 13 | | 204, or
an analog or derivative thereof;
| 14 | | (B) not less than 9 years and not more than 40 years | 15 | | with respect to:
(i) 100 grams or more but less than 400 | 16 | | grams of a substance listed in
paragraph (1), (2), (2.1), | 17 | | (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or | 18 | | (26) of subsection (d) of Section 204, or an analog or
| 19 | | derivative thereof, or (ii) 200 or more pills, tablets, | 20 | | caplets, capsules, or
objects but less than 600 pills, | 21 | | tablets, caplets, capsules, or objects
containing in them | 22 | | or having upon them any amount of any substance listed in
| 23 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 24 | | (20.1), (21), (25), or (26)
of subsection (d) of Section | 25 | | 204, or an analog or derivative thereof;
| 26 | | (C) not less than 12 years and not more than 50 years |
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| 1 | | with respect to:
(i) 400 grams or more but less than 900 | 2 | | grams of a substance listed in
paragraph (1), (2), (2.1), | 3 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or | 4 | | (26)
of subsection (d) of Section 204, or an analog or | 5 | | derivative thereof,
or (ii) 600 or more pills, tablets, | 6 | | caplets, capsules, or objects but less than
1,500 pills, | 7 | | tablets, caplets, capsules, or objects
containing in them | 8 | | or having upon them any amount of any substance listed in
| 9 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 10 | | (20.1), (21), (25), or (26)
of subsection (d) of Section | 11 | | 204, or an analog or derivative thereof;
| 12 | | (D) not less than 15 years and not more than 60 years | 13 | | with respect to:
(i) 900 grams or more of any substance | 14 | | listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), | 15 | | (19), (20), (20.1), (21), (25), or (26) of subsection (d) | 16 | | of
Section 204, or an analog or derivative thereof, or | 17 | | (ii) 1,500 or more pills,
tablets, caplets, capsules, or | 18 | | objects containing in them or having upon them
any amount
| 19 | | of a substance listed in paragraph (1), (2), (2.1), (2.2), | 20 | | (3), (14.1), (19),
(20), (20.1), (21), (25), or (26)
of | 21 | | subsection (d) of Section 204, or an analog or derivative | 22 | | thereof;
| 23 | | (8) 30 grams or more of any substance containing | 24 | | pentazocine or any of
the salts, isomers and salts of | 25 | | isomers of pentazocine, or an analog thereof;
| 26 | | (9) 30 grams or more of any substance containing |
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| 1 | | methaqualone or any of
the salts, isomers and salts of | 2 | | isomers of methaqualone, or an analog thereof;
| 3 | | (10) 30 grams or more of any substance containing | 4 | | phencyclidine or any
of the salts, isomers and salts of | 5 | | isomers of phencyclidine (PCP),
or an analog thereof;
| 6 | | (10.5) 30 grams or more of any substance containing | 7 | | ketamine
or any of the salts, isomers and salts of isomers | 8 | | of ketamine,
or an analog thereof;
| 9 | | (10.6) 100 grams or more of any substance containing | 10 | | hydrocodone, or any of the salts, isomers and salts of | 11 | | isomers of hydrocodone, or an analog thereof; | 12 | | (10.7) (blank); | 13 | | (10.8) 100 grams or more of any substance containing | 14 | | dihydrocodeine, or any of the salts, isomers and salts of | 15 | | isomers of dihydrocodeine, or an analog thereof; | 16 | | (10.9) 100 grams or more of any substance containing | 17 | | oxycodone, or any of the salts, isomers and salts of | 18 | | isomers of oxycodone, or an analog thereof; | 19 | | (11) 200 grams or more of any substance containing any | 20 | | other controlled
substance classified in Schedules I or | 21 | | II, or an analog thereof, which is
not otherwise included | 22 | | in this subsection.
| 23 | | (b) Any person sentenced with respect to violations of | 24 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | 25 | | involving
100 grams or
more of the
controlled substance named | 26 | | therein, may in addition to the penalties
provided therein, be |
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| 1 | | fined an amount not more than $500,000 or the full
street value | 2 | | of the controlled or counterfeit substance or controlled | 3 | | substance
analog, whichever is greater. The term "street | 4 | | value" shall have the
meaning ascribed in Section 110-5 of the | 5 | | Code of Criminal Procedure of
1963. Any person sentenced with | 6 | | respect to any other provision of
subsection (a), may in | 7 | | addition to the penalties provided therein, be fined
an amount | 8 | | not to exceed $500,000. | 9 | | (b-1) Excluding violations of this Act when the controlled | 10 | | substance is fentanyl, any person sentenced to a term of | 11 | | imprisonment with respect to violations of Section 401, 401.1, | 12 | | 405, 405.1, 405.2, or 407, when the substance containing the | 13 | | controlled substance contains any amount of fentanyl, 3 years | 14 | | shall be added to the term of imprisonment imposed by the | 15 | | court, and the maximum sentence for the offense shall be | 16 | | increased by 3 years.
| 17 | | (c) Any person who violates this Section with regard to | 18 | | the
following amounts of controlled or counterfeit substances
| 19 | | or controlled substance analogs, notwithstanding any of the | 20 | | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | 21 | | to the
contrary, is guilty of a Class 1 felony. The fine for | 22 | | violation of this
subsection (c) shall not be more than | 23 | | $250,000:
| 24 | | (1) 3 grams 1 gram or more but less than 15 grams of | 25 | | any
substance containing heroin, or an analog thereof;
| 26 | | (1.5) 3 grams 1 gram or more but less than 15 grams of |
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| 1 | | any substance containing fentanyl, or an analog thereof; | 2 | | (2) 5 grams 1 gram or more but less than 15
grams of | 3 | | any substance containing cocaine, or an analog thereof;
| 4 | | (3) 4 10 grams or more but less than 15 grams of any | 5 | | substance
containing morphine, or an analog thereof;
| 6 | | (4) 50 grams or more but less than 200 grams of any | 7 | | substance
containing peyote, or an analog thereof;
| 8 | | (5) 50 grams or more but less than 200 grams of any | 9 | | substance
containing a derivative of barbituric acid or | 10 | | any of the salts of a
derivative of barbituric acid, or an | 11 | | analog thereof;
| 12 | | (6) 50 grams or more but less than 200 grams of any | 13 | | substance
containing amphetamine or any salt of an optical | 14 | | isomer
of amphetamine, or an analog thereof;
| 15 | | (6.5) (blank);
| 16 | | (7)(i) one gram 5 grams or more but less than 15 grams | 17 | | of any substance
containing lysergic acid diethylamide | 18 | | (LSD), or an analog thereof,
or (ii)
more than 40 10 | 19 | | objects or more than 40 10 segregated parts of an object or | 20 | | objects
but less than 100 15 objects or less than 100 15 | 21 | | segregated parts of an object
containing in them or having | 22 | | upon them any amount of any substance
containing lysergic | 23 | | acid diethylamide (LSD), or an analog thereof;
| 24 | | (7.5)(i) 2 5 grams or more but less than 15 grams of | 25 | | any substance listed
in paragraph (1), (2), (2.1), (2.2), | 26 | | (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of |
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| 1 | | subsection (d) of Section 204, or an analog or derivative | 2 | | thereof, or
(ii) 5 or more than 10 pills, tablets, | 3 | | caplets, capsules, or objects but less than
15 pills, | 4 | | tablets, caplets, capsules, or objects containing in them | 5 | | or having
upon them any amount of any substance listed in | 6 | | paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), | 7 | | (20.1), (21), (25), or (26) of subsection (d) of
Section | 8 | | 204, or an analog or derivative thereof;
| 9 | | (8) 10 grams or more but less than 30 grams of any | 10 | | substance
containing pentazocine or any of the salts, | 11 | | isomers and salts of isomers of
pentazocine, or an analog | 12 | | thereof;
| 13 | | (9) 10 grams or more but less than 30 grams of any | 14 | | substance
containing methaqualone or any of the salts, | 15 | | isomers and salts of isomers
of methaqualone, or an analog | 16 | | thereof;
| 17 | | (10) 10 grams or more but less than 30 grams of any | 18 | | substance
containing phencyclidine or any of the salts, | 19 | | isomers and salts of isomers
of phencyclidine (PCP), or an | 20 | | analog thereof;
| 21 | | (10.5) 10 grams or more but less than 30 grams of any | 22 | | substance
containing ketamine or any of the salts, isomers | 23 | | and salts of
isomers of ketamine, or an analog thereof;
| 24 | | (10.6) 50 grams or more but less than 100 grams of any | 25 | | substance containing hydrocodone, or any of the salts, | 26 | | isomers and salts of isomers of hydrocodone, or an analog |
| | | HB3447 | - 63 - | LRB102 13836 RLC 19187 b |
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| 1 | | thereof; | 2 | | (10.7) (blank); | 3 | | (10.8) 50 grams or more but less than 100 grams of any | 4 | | substance containing dihydrocodeine, or any of the salts, | 5 | | isomers and salts of isomers of dihydrocodeine, or an | 6 | | analog thereof; | 7 | | (10.9) 50 grams or more but less than 100 grams of any | 8 | | substance containing oxycodone, or any of the salts, | 9 | | isomers and salts of isomers of oxycodone, or an analog | 10 | | thereof; | 11 | | (11) 50 grams or more but less than 200 grams of any | 12 | | substance
containing a substance classified in Schedules I | 13 | | or II, or an analog
thereof, which is not otherwise | 14 | | included in this subsection.
| 15 | | (c-5) (Blank).
| 16 | | (d) Any person who violates this Section with regard to | 17 | | any other
amount of a controlled or counterfeit substance | 18 | | containing dihydrocodeine or classified in
Schedules I or II, | 19 | | or an analog thereof, which is (i) a narcotic
drug, (ii) | 20 | | lysergic acid diethylamide (LSD) or an analog thereof,
(iii) | 21 | | any
substance containing amphetamine or fentanyl or any salt | 22 | | or optical
isomer of amphetamine or fentanyl, or an analog | 23 | | thereof, or (iv) any
substance containing N-Benzylpiperazine | 24 | | (BZP) or any salt or optical
isomer of N-Benzylpiperazine | 25 | | (BZP), or an analog thereof, is guilty
of a Class 2 felony. The | 26 | | fine for violation of this subsection (d) shall
not be more |
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| 1 | | than $200,000.
| 2 | | (d-5) (Blank).
| 3 | | (e) (Blank). Any person who violates this Section with | 4 | | regard to any other
amount of a controlled substance other | 5 | | than methamphetamine or counterfeit substance classified in
| 6 | | Schedule I or II, or an analog thereof, which substance is not
| 7 | | included under subsection (d) of this Section, is
guilty of a | 8 | | Class 3 felony. The fine for violation of this subsection (e)
| 9 | | shall not be more than $150,000.
| 10 | | (f) (Blank). Any person who violates this Section with | 11 | | regard to any other
amount of a controlled or counterfeit | 12 | | substance classified in
Schedule III is guilty of a Class 3 | 13 | | felony. The fine for violation of
this subsection (f) shall | 14 | | not be more than $125,000.
| 15 | | (g) (Blank). Any person who violates this Section with | 16 | | regard to any other
amount of a controlled or counterfeit | 17 | | substance classified
in Schedule IV is guilty of a Class 3 | 18 | | felony. The fine for violation of
this subsection (g) shall | 19 | | not be more than $100,000.
| 20 | | (h) (Blank). Any person who violates this Section with | 21 | | regard to any other
amount of a controlled or counterfeit | 22 | | substance classified in
Schedule V is guilty of a Class 3 | 23 | | felony. The fine for violation of this
subsection (h) shall | 24 | | not be more than $75,000.
| 25 | | (i) (Blank). This Section does not apply to the | 26 | | manufacture, possession or
distribution of a substance in |
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| 1 | | conformance with the provisions of an approved
new drug | 2 | | application or an exemption for investigational use within the
| 3 | | meaning of Section 505 of the Federal Food, Drug and Cosmetic | 4 | | Act.
| 5 | | (j) (Blank). | 6 | | (k) Any person who knowingly manufactures or delivers any | 7 | | other amount of a controlled or counterfeit substance | 8 | | containing dihydrocodeine or classified in Schedules I or II, | 9 | | or an analog thereof, which is (i) a narcotic drug, (ii) | 10 | | lysergic acid diethylamide (LSD) or an analog thereof, (iii) | 11 | | any substance containing amphetamine or fentanyl or any salt | 12 | | or optical isomer of amphetamine or fentanyl, or an analog | 13 | | thereof, (iv) any substance containing N-Benzylpiperazine | 14 | | (BZP) or any salt or optical isomer of N-Benzylpiperazine | 15 | | (BZP), or an analog thereof, or (v) any other substance | 16 | | classified in Schedules I through V; is guilty of a Class 4 | 17 | | felony. The fine for violation of this subsection (d) shall | 18 | | not be more than $25,000. | 19 | | (l) This Section does not apply to the manufacture, | 20 | | possession or distribution of a substance in conformance with | 21 | | the provisions of an approved new drug application or an | 22 | | exemption for investigational use within the meaning of | 23 | | Section 505 of the Federal Food, Drug and Cosmetic Act.
| 24 | | (Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17; | 25 | | 100-368, eff. 1-1-18 .)
|
| | | HB3447 | - 66 - | LRB102 13836 RLC 19187 b |
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| 1 | | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| 2 | | Sec. 402. Except as otherwise authorized by this Act, it | 3 | | is unlawful for
any person knowingly to possess a controlled | 4 | | or counterfeit substance or controlled substance analog.
A | 5 | | violation of this Act with respect to each of the controlled | 6 | | substances
listed herein constitutes a single and separate | 7 | | violation of this Act. For purposes of this Section, | 8 | | "controlled substance analog" or "analog"
means a substance, | 9 | | other than a controlled substance, which is not approved by | 10 | | the United States Food and Drug Administration or, if | 11 | | approved, is not dispensed or possessed in accordance with | 12 | | State or federal law, and that has a chemical structure | 13 | | substantially similar to that of a controlled
substance in | 14 | | Schedule I or II, or that was specifically designed to produce
| 15 | | an effect substantially similar to that of a controlled | 16 | | substance in Schedule
I or II. Examples of chemical classes in | 17 | | which controlled substance analogs
are found include, but are | 18 | | not limited to, the following: phenethylamines,
N-substituted | 19 | | piperidines, morphinans, ecgonines, quinazolinones, | 20 | | substituted
indoles, and arylcycloalkylamines. For purposes of | 21 | | this Act, a controlled
substance analog shall be treated in | 22 | | the same manner as the controlled
substance to which it is | 23 | | substantially similar.
| 24 | | (a) Any person who violates this Section with respect to | 25 | | the following
controlled or counterfeit substances and | 26 | | amounts, notwithstanding any of the
provisions of subsections |
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| 1 | | (c) and (d) to the
contrary, is guilty of a Class 1 felony and | 2 | | shall, if sentenced to a term
of imprisonment, be sentenced as | 3 | | provided in this subsection (a) and fined
as provided in | 4 | | subsection (b):
| 5 | | (1) (A) not less than 4 years and not more than 15 | 6 | | years with respect
to 15 grams or more but less than | 7 | | 100 grams of a substance containing heroin;
| 8 | | (B) not less than 6 years and not more than 30 | 9 | | years with respect to 100
grams or more but less than | 10 | | 400 grams of a substance containing heroin;
| 11 | | (C) not less than 8 years and not more than 40 | 12 | | years with respect to 400
grams or more but less than | 13 | | 900 grams of any substance containing heroin;
| 14 | | (D) not less than 10 years and not more than 50 | 15 | | years with respect to
900 grams or more of any | 16 | | substance containing heroin;
| 17 | | (2) (A) not less than 4 years and not more than 15 | 18 | | years with respect
to 15 grams or more but less than | 19 | | 100 grams of any substance containing
cocaine;
| 20 | | (B) not less than 6 years and not more than 30 | 21 | | years with respect to 100
grams or more but less than | 22 | | 400 grams of any substance containing cocaine;
| 23 | | (C) not less than 8 years and not more than 40 | 24 | | years with respect to 400
grams or more but less than | 25 | | 900 grams of any substance containing cocaine;
| 26 | | (D) not less than 10 years and not more than 50 |
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| 1 | | years with respect to
900 grams or more of any | 2 | | substance containing cocaine;
| 3 | | (3) (A) not less than 4 years and not more than 15 | 4 | | years with respect
to 15 grams or more but less than | 5 | | 100 grams of any substance containing
morphine;
| 6 | | (B) not less than 6 years and not more than 30 | 7 | | years with respect to 100
grams or more but less than | 8 | | 400 grams of any substance containing morphine;
| 9 | | (C) not less than 6 years and not more than 40 | 10 | | years with respect to 400
grams or more but less than | 11 | | 900 grams of any substance containing morphine;
| 12 | | (D) not less than 10 years and not more than 50 | 13 | | years with respect to
900 grams or more of any | 14 | | substance containing morphine;
| 15 | | (4) 200 grams or more of any substance containing | 16 | | peyote;
| 17 | | (5) 200 grams or more of any substance containing a | 18 | | derivative of
barbituric acid or any of the salts of a | 19 | | derivative of barbituric acid;
| 20 | | (6) 200 grams or more of any substance containing | 21 | | amphetamine or any salt
of an optical isomer of | 22 | | amphetamine;
| 23 | | (6.5) (blank);
| 24 | | (7) (A) not less than 4 years and not more than 15 | 25 | | years with respect
to: (i) 15 grams or more but less | 26 | | than 100 grams of any substance containing
lysergic |
| | | HB3447 | - 69 - | LRB102 13836 RLC 19187 b |
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| 1 | | acid diethylamide (LSD), or an analog thereof, or (ii) | 2 | | 100 15 or
more objects or 100 15 or more segregated | 3 | | parts of an object or objects but
less than 200 objects | 4 | | or 200 segregated parts of an object or objects
| 5 | | containing in them or having upon them any amount of | 6 | | any substance
containing lysergic acid diethylamide | 7 | | (LSD), or an analog thereof;
| 8 | | (B) not less than 6 years and not more than 30 | 9 | | years with respect
to: (i) 100 grams or more but less | 10 | | than 400 grams of any substance
containing lysergic | 11 | | acid diethylamide (LSD), or an analog thereof, or (ii)
| 12 | | 200 or more objects or 200 or more segregated parts of | 13 | | an object or objects
but less than 600 objects or less | 14 | | than 600 segregated parts of an object or
objects | 15 | | containing in them or having upon them any amount of | 16 | | any substance
containing lysergic acid diethylamide | 17 | | (LSD), or an analog thereof;
| 18 | | (C) not less than 8 years and not more than 40 | 19 | | years with respect
to: (i) 400 grams or more but less | 20 | | than 900 grams of any substance
containing lysergic | 21 | | acid diethylamide (LSD), or an analog thereof, or (ii)
| 22 | | 600 or more objects or 600 or more segregated parts of | 23 | | an object or objects
but less than 1500 objects or 1500 | 24 | | segregated parts of an object or objects
containing in | 25 | | them or having upon them any amount of any substance
| 26 | | containing lysergic acid diethylamide (LSD), or an |
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| 1 | | analog thereof;
| 2 | | (D) not less than 10 years and not more than 50 | 3 | | years with respect
to: (i) 900 grams or more of any | 4 | | substance containing lysergic acid
diethylamide (LSD), | 5 | | or an analog thereof, or (ii) 1500 or more objects or
| 6 | | 1500 or more segregated parts of an object or objects | 7 | | containing in them or
having upon them any amount of a | 8 | | substance containing lysergic acid
diethylamide (LSD), | 9 | | or an analog thereof;
| 10 | | (7.5) (A) not less than 4 years and not more than 15 | 11 | | years with respect
to: (i) 15
grams or more but
less | 12 | | than 100 grams of any substance listed in paragraph | 13 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), | 14 | | (20.1), (21), (25), or (26) of subsection (d) of | 15 | | Section 204, or an
analog or derivative
thereof, or | 16 | | (ii) 15 or more pills, tablets, caplets, capsules, or | 17 | | objects but
less than 200 pills,
tablets, caplets, | 18 | | capsules, or objects containing in them or having upon | 19 | | them
any amount of any
substance listed in paragraph | 20 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 21 | | (20.1),
(21), (25), or (26) of
subsection (d) of | 22 | | Section 204, or an analog or derivative thereof;
| 23 | | (B) not less than 6 years and not more than 30 | 24 | | years with respect to: (i)
100
grams or more but
less | 25 | | than 400 grams of any substance listed in paragraph | 26 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
|
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| 1 | | (20.1), (21), (25), or (26) of subsection (d) of | 2 | | Section 204, or an analog or
derivative thereof, or
| 3 | | (ii) 200 or more pills, tablets, caplets, capsules, or | 4 | | objects but less than
600
pills, tablets,
caplets, | 5 | | capsules, or objects containing in them or having upon | 6 | | them any amount
of any
substance
listed in paragraph | 7 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 8 | | (20.1), (21),
(25), or (26) of subsection
(d) of | 9 | | Section 204, or an analog or derivative thereof;
| 10 | | (C) not less than 8 years and not more than 40 | 11 | | years with respect to: (i)
400
grams or more but
less | 12 | | than 900 grams of any substance listed in paragraph | 13 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| 14 | | (20.1), (21), (25), or (26) of subsection (d) of | 15 | | Section 204, or an analog or
derivative thereof,
or | 16 | | (ii) 600 or more pills, tablets, caplets, capsules, or | 17 | | objects but less than
1,500 pills, tablets,
caplets, | 18 | | capsules, or objects containing in them or having upon | 19 | | them any amount
of any
substance listed in paragraph | 20 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 21 | | (20.1),
(21), (25), or (26) of
subsection (d) of | 22 | | Section 204, or an analog or derivative thereof;
| 23 | | (D) not less than 10 years and not more than 50 | 24 | | years with respect to:
(i)
900 grams or more of
any | 25 | | substance listed in paragraph (1), (2), (2.1), (2.2), | 26 | | (3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
|
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| 1 | | of subsection (d) of Section 204, or an analog or | 2 | | derivative thereof, or (ii)
1,500 or more pills,
| 3 | | tablets, caplets, capsules, or objects containing in | 4 | | them or having upon them
any amount of a
substance | 5 | | listed in paragraph (1), (2), (2.1), (2.2), (3), | 6 | | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
| 7 | | subsection (d) of Section 204, or an analog or | 8 | | derivative thereof;
| 9 | | (8) 30 grams or more of any substance containing | 10 | | pentazocine or any of
the salts, isomers and salts of | 11 | | isomers of pentazocine, or an analog thereof;
| 12 | | (9) 30 grams or more of any substance containing | 13 | | methaqualone or any
of the salts, isomers and salts of | 14 | | isomers of methaqualone;
| 15 | | (10) 30 grams or more of any substance containing | 16 | | phencyclidine or any
of the salts, isomers and salts of | 17 | | isomers of phencyclidine (PCP);
| 18 | | (10.5) 30 grams or more of any substance containing | 19 | | ketamine or any of
the salts, isomers and salts of isomers | 20 | | of ketamine;
| 21 | | (11) 200 grams or more of any substance containing any | 22 | | substance
classified as a narcotic drug in Schedules I or | 23 | | II, or an analog thereof, which is not otherwise
included | 24 | | in this subsection.
| 25 | | (a-1) Any person who violates this Section with regard to | 26 | | the following controlled substances and amounts is guilty |
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| 1 | | of a Class 4 felony: | 2 | | (1) 3 grams or more but less than 15 grams of a | 3 | | substance containing heroin; | 4 | | (2) 3 grams or more but less than 200 grams of a | 5 | | substance containing fentanyl; | 6 | | (3) 5 grams or more but less than 15 grams of a | 7 | | substance containing cocaine; | 8 | | (4) 4 grams or more but less than 15 grams of a | 9 | | substance containing morphine; | 10 | | (5)(i) 1 gram or more but less than 15 grams of any | 11 | | substance containing lysergic acid diethylamide (LSD); or | 12 | | (ii) more than 40 objects or segregated parts of an object | 13 | | or objects but less than 100 objects or segregated parts | 14 | | of an object or objects containing in them or having upon | 15 | | them any amount of a substance containing lysergic acid | 16 | | diethylamide (LSD), or an analog thereof; | 17 | | (6)(i) 2 grams or more but less than 15 grams of any | 18 | | substance listed in paragraph (1), (2), (2.1), (2.2), (3), | 19 | | (14.1), (19), (20), (20.1), (21), (25), or (26) of | 20 | | subsection (d) of Section 204, or an analog or derivative | 21 | | thereof; or (ii) 5 or more pills, tablets, caplets, | 22 | | capsules, or objects containing in them or having upon | 23 | | them any amount of any substance listed in paragraph (1), | 24 | | (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), | 25 | | (25), or (26) of subsection (d) of Section 204, or an | 26 | | analog or derivative thereof; |
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| 1 | | (7) 4 grams or more but less than 30 grams of any | 2 | | substance containing pentazocine or any of the salts, | 3 | | isomers and salts of isomers of pentazocine, or an analog | 4 | | thereof; | 5 | | (8) 3 grams or more but less than 15 grams of any | 6 | | substance containing phencyclidine or any of the salts, | 7 | | isomers and salts of isomers of phencyclidine (PCP), or an | 8 | | analog thereof; | 9 | | (9) 3 grams or more but less than 30 grams of any | 10 | | substance containing ketamine or any of the salts, isomers | 11 | | and salts of isomers of ketamine; | 12 | | (10)(i) 4 grams or more but less than 200 grams of a | 13 | | substance containing hydrocodone, dihydrocodeine, | 14 | | oxycodone, or any of the salts, isomers, and salts of | 15 | | isomers of hydrocodone, dihydrocodeine, or oxycodone, or | 16 | | an analog thereof; or (ii) more than 40 pills, tablets, | 17 | | caplets, capsules, or objects but less than 100 pills, | 18 | | tablets, capsules, or objects containing hydrocodone, | 19 | | dihydrocodeine, oxycodone, or any of the salts, isomers, | 20 | | and salts of isomers of hydrocodone, dihydrocodeine, or | 21 | | oxycodone, or an analog of hydrocodone, dihydrocodeine, or | 22 | | oxycodone. | 23 | | The fine for a violation punishable under this subsection | 24 | | (a-1) shall not be more than $25,000. | 25 | | (a-5) Any person who violates this Section with regard to | 26 | | the following controlled substances and amounts is guilty of a |
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| 1 | | Class A misdemeanor: | 2 | | (1) less than 3 grams of a substance containing | 3 | | heroin; | 4 | | (2) less than 3 grams of a substance containing | 5 | | fentanyl or an analog thereof; | 6 | | (3) less than 5 grams of a substance containing | 7 | | cocaine; | 8 | | (4) less than 4 grams of a substance containing | 9 | | morphine; | 10 | | (5)(i) less than 1 gram of any substance containing | 11 | | lysergic acid diethylamide (LSD); or (ii) less than 40 | 12 | | objects or segregated parts of an object or objects | 13 | | containing in them or having upon them any amount of a | 14 | | substance containing lysergic acid diethylamide (LSD), or | 15 | | an analog thereof; | 16 | | (6)(i) less than 2 grams of any substance listed in | 17 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 18 | | (20.1), (21), (25), or (26) of subsection (d) of Section | 19 | | 204, or an analog or derivative thereof; or (ii) less than | 20 | | 5 pills, tablets, caplets, capsules, or objects containing | 21 | | in them or having upon them any amount of any substance | 22 | | listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), | 23 | | (19), (20), (20.1), (21), (25), or (26) of subsection (d) | 24 | | of Section 204, or an analog or derivative thereof; | 25 | | (7) less than 4 grams any substance containing | 26 | | pentazocine or any of the salts, isomers and salts of |
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| 1 | | isomers of pentazocine, or an analog thereof; | 2 | | (8) less than 3 grams of any substance containing | 3 | | phencyclidine or any of the salts, isomers and salts of | 4 | | isomers of phencyclidine (PCP), or an analog thereof; | 5 | | (9) less than 3 grams of any substance containing | 6 | | ketamine or any of the salts, isomers and salts of isomers | 7 | | of ketamine; | 8 | | (10)(i) less than 4 grams of any substance containing | 9 | | hydrocodone, dihydrocodeine, oxycodone, or any of the | 10 | | salts, isomers, and salts of isomers of hydrocodone, | 11 | | dihydrocodeine, or oxycodone, or an analog thereof; or | 12 | | (ii) less than 40 pills, tablets, caplets, capsules, or | 13 | | objects containing hydrocodone, dihydrocodeine, | 14 | | oxycodone, or any of the salts, isomers, and salts of | 15 | | isomers of hydrocodone, dihydrocodeine, or oxycodone, or | 16 | | an analog of hydrocodone, dihydrocodeine, or oxycodone. | 17 | | (b) Any person sentenced with respect to violations of | 18 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | 19 | | involving 100
grams or more of the
controlled substance named | 20 | | therein, may in addition to the penalties
provided therein, be | 21 | | fined an amount not to exceed $200,000 or the full
street value | 22 | | of the controlled or counterfeit substances, whichever is
| 23 | | greater. The term "street value" shall have the meaning
| 24 | | ascribed in Section 110-5 of the Code of Criminal Procedure of | 25 | | 1963. Any
person sentenced with respect to any other provision | 26 | | of subsection (a), may
in addition to the penalties provided |
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| 1 | | therein, be fined an amount not to
exceed $200,000.
| 2 | | (c) Any person who violates this Section with regard to an | 3 | | amount
of a controlled substance other than methamphetamine or | 4 | | counterfeit substance not set forth in
subsection (a) , (a-1), | 5 | | (a-5), or (d) is guilty of a Class A misdemeanor. Class 4 | 6 | | felony. The fine for a
violation punishable under this | 7 | | subsection (c) shall not be more
than $25,000.
| 8 | | (d) Any person who violates this Section with regard to | 9 | | any amount of
anabolic steroid is guilty of a Class C | 10 | | misdemeanor
for the first offense and a Class B misdemeanor | 11 | | for a subsequent offense
committed within 2 years of a prior | 12 | | conviction.
| 13 | | (Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18 .)
| 14 | | (720 ILCS 570/408) (from Ch. 56 1/2, par. 1408)
| 15 | | Sec. 408. Second or subsequent offense; penalties. | 16 | | (a) Any person convicted of a second or subsequent felony | 17 | | offense under this
Act may be sentenced to imprisonment for a | 18 | | term up to twice the maximum
term otherwise authorized, fined | 19 | | an amount up to twice that otherwise
authorized, or both.
| 20 | | (b) For purposes of this Section, an offense is considered | 21 | | a second or
subsequent felony offense, if, prior to his or her | 22 | | conviction of the offense, the
person: | 23 | | (1) has been convicted, subsequent to the effective | 24 | | date of this amendatory Act of the 102nd General Assembly, | 25 | | of a felony violation of this Act or the Methamphetamine |
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| 1 | | Control and Community Protection Act or under any | 2 | | substantially similar law of the United States or of any | 3 | | state relating to controlled substances; or | 4 | | (2) has at any time been convicted of a Class 1 or | 5 | | higher felony violation of this Act or the Methamphetamine | 6 | | Control and Community Protection Act or under any | 7 | | substantially similar law of the United States or of any | 8 | | state relating to controlled substances. offender has at | 9 | | any time been convicted under this Act or under any law of
| 10 | | the United States or of any State relating to controlled | 11 | | substances.
| 12 | | (Source: P.A. 97-334, eff. 1-1-12.)
| 13 | | Section 15. The Methamphetamine Control and Community | 14 | | Protection Act is amended by changing Sections 55 and 60 as | 15 | | follows: | 16 | | (720 ILCS 646/55) | 17 | | Sec. 55. Methamphetamine delivery. | 18 | | (a) Delivery or possession with intent to deliver | 19 | | methamphetamine or a substance containing methamphetamine.
| 20 | | (1) It is unlawful knowingly to engage in the delivery | 21 | | or possession with intent to deliver methamphetamine or a | 22 | | substance containing methamphetamine.
| 23 | | (2) A person who violates paragraph (1) of this | 24 | | subsection (a) is subject to the following penalties:
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| 1 | | (A) A person who delivers or possesses with intent | 2 | | to deliver less than 5 grams of methamphetamine or a | 3 | | substance containing methamphetamine is guilty of a | 4 | | Class 2 felony.
| 5 | | (A-5) A person who possesses with intent to | 6 | | deliver more than 3 grams but less than 5 grams of | 7 | | methamphetamine is guilty of a Class 2 felony. | 8 | | (B) A person who delivers or possesses with intent | 9 | | to deliver 5 or more grams but less than 15 grams of | 10 | | methamphetamine or a substance containing | 11 | | methamphetamine is guilty of a Class 1 felony.
| 12 | | (C) A person who delivers or possesses with intent | 13 | | to deliver 15 or more grams but less than 100 grams of | 14 | | methamphetamine or a substance containing | 15 | | methamphetamine is guilty of a Class X felony, subject | 16 | | to a term of imprisonment of not less than 6 years and | 17 | | not more than 30 years, and subject to a fine not to | 18 | | exceed $100,000 or the street value of the | 19 | | methamphetamine, whichever is greater.
| 20 | | (D) A person who delivers or possesses with intent | 21 | | to deliver 100 or more grams but less than 400 grams of | 22 | | methamphetamine or a substance containing | 23 | | methamphetamine is guilty of a Class X felony, subject | 24 | | to a term of imprisonment of not less than 9 years and | 25 | | not more than 40 years, and subject to a fine not to | 26 | | exceed $200,000 or the street value of the |
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| 1 | | methamphetamine, whichever is greater.
| 2 | | (E) A person who delivers or possesses with intent | 3 | | to deliver 400 or more grams but less than 900 grams of | 4 | | methamphetamine or a substance containing | 5 | | methamphetamine is guilty of a Class X felony, subject | 6 | | to a term of imprisonment of not less than 12 years and | 7 | | not more than 50 years, and subject to a fine not to | 8 | | exceed $300,000 or the street value of the | 9 | | methamphetamine, whichever is greater.
| 10 | | (F) A person who delivers or possesses with intent | 11 | | to deliver 900 or more grams of methamphetamine or a | 12 | | substance containing methamphetamine is guilty of a | 13 | | Class X felony, subject to a term of imprisonment of | 14 | | not less than 15 years and not more than 60 years, and | 15 | | subject to a fine not to exceed $400,000 or the street | 16 | | value of the methamphetamine, whichever is greater.
| 17 | | (b) Aggravated delivery or possession with intent to | 18 | | deliver methamphetamine or a substance containing | 19 | | methamphetamine.
| 20 | | (1) It is unlawful to engage in the aggravated | 21 | | delivery or possession with intent to deliver | 22 | | methamphetamine or a substance containing methamphetamine. | 23 | | A person engages in the aggravated delivery or possession | 24 | | with intent to deliver methamphetamine or a substance | 25 | | containing methamphetamine when the person violates | 26 | | paragraph (1) of subsection (a) of this Section and:
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| 1 | | (A) the person is at least 18 years of age and | 2 | | knowingly delivers or possesses with intent to deliver | 3 | | the methamphetamine or substance containing | 4 | | methamphetamine to a person under 18 years of age;
| 5 | | (B) the person is at least 18 years of age and | 6 | | knowingly uses, engages, employs, or causes another | 7 | | person to use, engage, or employ a person under 18 | 8 | | years of age to deliver the methamphetamine or | 9 | | substance containing methamphetamine;
| 10 | | (C) the person knowingly delivers or possesses | 11 | | with intent to deliver the methamphetamine or | 12 | | substance containing methamphetamine in any structure | 13 | | or vehicle protected by one or more firearms, | 14 | | explosive devices, booby traps, alarm systems, | 15 | | surveillance systems, guard dogs, or dangerous | 16 | | animals;
| 17 | | (D) the person knowingly delivers or possesses | 18 | | with intent to deliver the methamphetamine or | 19 | | substance containing methamphetamine in any school, on | 20 | | any real property comprising any school, or in any | 21 | | conveyance owned, leased, or contracted by a school to | 22 | | transport students to or from school or a | 23 | | school-related activity and at the time of the | 24 | | violation persons under the age of 18 are present, the | 25 | | offense is committed during school hours, or the | 26 | | offense is committed at times when persons under the |
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| 1 | | age of 18 are reasonably expected to be present in the | 2 | | school, in the conveyance, or on the real property, | 3 | | such as when after-school activities are occurring;
| 4 | | (E) the person delivers or causes another person | 5 | | to deliver the methamphetamine or substance containing | 6 | | methamphetamine to a woman that the person knows to be | 7 | | pregnant;
or | 8 | | (F) (blank). | 9 | | (2) A person who violates paragraph (1) of this | 10 | | subsection (b) is subject to the following penalties:
| 11 | | (A) A person who delivers or possesses with intent | 12 | | to deliver less than 5 grams of methamphetamine or a | 13 | | substance containing methamphetamine is guilty of a | 14 | | Class 1 felony.
| 15 | | (B) A person who delivers or possesses with intent | 16 | | to deliver 5 or more grams but less than 15 grams of | 17 | | methamphetamine or a substance containing | 18 | | methamphetamine is guilty of a Class X felony, subject | 19 | | to a term of imprisonment of not less than 6 years and | 20 | | not more than 30 years, and subject to a fine not to | 21 | | exceed $100,000 or the street value of the | 22 | | methamphetamine, whichever is greater.
| 23 | | (C) A person who delivers or possesses with intent | 24 | | to deliver 15 or more grams but less than 100 grams of | 25 | | methamphetamine or a substance containing | 26 | | methamphetamine is guilty of a Class X felony, subject |
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| 1 | | to a term of imprisonment of not less than 8 years and | 2 | | not more than 40 years, and subject to a fine not to | 3 | | exceed $200,000 or the street value of the | 4 | | methamphetamine, whichever is greater.
| 5 | | (D) A person who delivers or possesses with intent | 6 | | to deliver 100 or more grams of methamphetamine or a | 7 | | substance containing methamphetamine is guilty of a | 8 | | Class X felony, subject to a term of imprisonment of | 9 | | not less than 10 years and not more than 50 years, and | 10 | | subject to a fine not to exceed $300,000 or the street | 11 | | value of the methamphetamine, whichever is greater.
| 12 | | (Source: P.A. 100-3, eff. 1-1-18 .) | 13 | | (720 ILCS 646/60)
| 14 | | Sec. 60. Methamphetamine possession. | 15 | | (a) It is unlawful knowingly to possess methamphetamine or | 16 | | a substance containing methamphetamine.
| 17 | | (b) A person who violates subsection (a) is subject to the | 18 | | following penalties:
| 19 | | (1) A person who possesses less than 3 5 grams of | 20 | | methamphetamine or a substance containing methamphetamine | 21 | | is guilty of a Class A misdemeanor 3 felony .
| 22 | | (2) A person who possesses 3 5 or more grams but less | 23 | | than 15 grams of methamphetamine or a substance containing | 24 | | methamphetamine is guilty of a Class 4 2 felony.
| 25 | | (3) A person who possesses 15 or more grams but less |
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| 1 | | than 100 grams of methamphetamine or a substance | 2 | | containing methamphetamine is guilty of a Class 1 felony.
| 3 | | (4) A person who possesses 100 or more grams but less | 4 | | than 400 grams of methamphetamine or a substance | 5 | | containing methamphetamine is guilty of a Class X felony, | 6 | | subject to a term of imprisonment of not less than 6 years | 7 | | and not more than 30 years, and subject to a fine not to | 8 | | exceed
$100,000.
| 9 | | (5) A person who possesses 400 or more grams but less | 10 | | than 900 grams of methamphetamine or a substance | 11 | | containing methamphetamine is guilty of a Class X felony, | 12 | | subject to a term of imprisonment of not less than 8 years | 13 | | and not more than 40 years, and subject to a fine not to | 14 | | exceed
$200,000.
| 15 | | (6) A person who possesses 900 or more grams of | 16 | | methamphetamine or a substance containing methamphetamine | 17 | | is guilty of a Class X felony, subject to a term of | 18 | | imprisonment of not less than 10 years and not more than 50 | 19 | | years, and subject to a fine not to exceed $300,000.
| 20 | | (Source: P.A. 94-556, eff. 9-11-05.) | 21 | | Section 20. The Code of Criminal Procedure of 1963 is | 22 | | amended by adding Section 116-2.2 as follows: | 23 | | (725 ILCS 5/116-2.2 new) | 24 | | Sec. 116-2.2. Retroactive resentencing. |
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| 1 | | (a) A person serving a sentence, including a sentence of | 2 | | probation, for an offense for which the statutory penalty has | 3 | | been subsequently reduced under this amendatory Act of the | 4 | | 102nd General Assembly may petition the trial court that | 5 | | entered the judgment of conviction to request resentencing in | 6 | | accordance with the statutory penalty in effect at the time of | 7 | | the filing of the petition. | 8 | | (b) Within 30 days of the effective date of this | 9 | | amendatory Act of the 102nd General Assembly, the Department | 10 | | of Corrections shall identify each individual serving a | 11 | | sentence of imprisonment in the Department who may be eligible | 12 | | for resentencing under subsection (a), and then notify the | 13 | | prosecuting authority of the jurisdiction in which the person | 14 | | was convicted. No later than 60 days after receiving notice | 15 | | from the Department, the prosecuting authority shall petition | 16 | | the trial court that entered the judgment of conviction to | 17 | | request resentencing in accordance with the statutory penalty | 18 | | in effect at the time of filing the petition. | 19 | | (c) If the petition satisfies the criteria in subsection | 20 | | (a), then a new sentencing hearing shall be held in accordance | 21 | | with the Unified Code of Corrections. At the hearing, both the | 22 | | defendant and the State may offer evidence of the defendant's | 23 | | conduct during his or her period of absence from the court. | 24 | | Defendants shall be entitled to have an attorney represent | 25 | | them at the resentencing hearing. The court may impose any | 26 | | sentence authorized by the Unified Code of Corrections, except |
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| 1 | | that resentencing under this Section may not result in the | 2 | | imposition of a term of imprisonment or probation longer than | 3 | | the original sentence. A person who is resentenced under this | 4 | | subsection (c) shall be given credit for all time served in | 5 | | custody or on probation, or both. | 6 | | (d) A person who has completed his or her sentence for a | 7 | | conviction of a felony offense for which the statutory penalty | 8 | | has been subsequently reduced to a misdemeanor under this | 9 | | amendatory Act of the 102nd General Assembly may petition the | 10 | | trial court that entered the judgment of conviction to | 11 | | designate the felony conviction as a misdemeanor. | 12 | | (e) If the petition satisfies the criteria in subsection | 13 | | (d), then the court shall enter an order providing that the | 14 | | felony offense of which the person was previously convicted is | 15 | | designated as a misdemeanor under this Section. | 16 | | (f) If a person has been charged prior to the effective | 17 | | date of this amendatory Act of the 102nd General Assembly with | 18 | | a felony offense for which the statutory penalty has been | 19 | | reduced to a misdemeanor under this amendatory Act of the | 20 | | 102nd General Assembly, the charges shall be modified to | 21 | | reflect the new penalty. | 22 | | (g) If a person is serving a sentence of probation for an | 23 | | offense for which the penalty was subsequently reduced to a | 24 | | misdemeanor under this amendatory Act of the 102nd General | 25 | | Assembly, and the person's probation is revoked under Section | 26 | | 4-6-4 of this Code, the person shall not be sentenced to a term |
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| 1 | | of incarceration that exceeds the current maximum sentence. | 2 | | Section 25. The Unified Code of Corrections is amended by | 3 | | adding Section 5-6-3.7 as follows: | 4 | | (730 ILCS 5/5-6-3.7 new) | 5 | | Sec. 5-6-3.7. Misdemeanor diversion program. | 6 | | (a) The General Assembly seeks to promote public safety, | 7 | | conserve valuable resources, and reduce recidivism by | 8 | | establishing a Misdemeanor Diversion Program. | 9 | | (b) In this Section: | 10 | | (1) "Appropriate and accessible" means an organization | 11 | | providing services that are likely to be needed by a | 12 | | participant in the Program, and whose location and hours | 13 | | of service make transportation to and from reasonable for | 14 | | the participant. | 15 | | (2) "Human services organization" means any | 16 | | organization equipped to provide screening services | 17 | | described in paragraph (2) of subsection (e) or authorized | 18 | | by the State to perform behavioral health treatment or | 19 | | substance use intervention and treatment or other social | 20 | | services, including, but not limited to, homeless | 21 | | services, education, and job training and placement. | 22 | | (3) "Violent offense" means any offense in which | 23 | | bodily harm was inflicted or in which force was used | 24 | | against any person or threatened against any person, any |
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| 1 | | offense involving sexual conduct, sexual penetration, or | 2 | | sexual exploitation, any offense of domestic violence, | 3 | | domestic battery, violation of an order of protection, | 4 | | stalking, or hate crime. | 5 | | (c) Any circuit court or the State's Attorney of any | 6 | | county may establish a Misdemeanor Diversion Program in | 7 | | accordance with this Section. | 8 | | (d) Whenever any person who does not have a felony case | 9 | | pending is arrested for and charged with a misdemeanor offense | 10 | | that is not a violent offense and does not involve the | 11 | | possession of a firearm or dangerous weapon, the court, with | 12 | | the consent of the defendant, may suspend the proceedings | 13 | | prior to the entry of a finding of guilt or plea of guilty to | 14 | | ascertain the defendant's eligibility to participate in and | 15 | | complete the Misdemeanor Diversion Program. If the Program was | 16 | | established by the State's Attorney, then except as otherwise | 17 | | provided in this subsection (d), the defendant's eligibility | 18 | | to participate in the Program shall be within the discretion | 19 | | of the State's Attorney. | 20 | | (e) The State's Attorney shall be responsible for | 21 | | identifying eligible defendants. Placement into the Program | 22 | | shall include the following: | 23 | | (1) At the defendant's initial court appearance | 24 | | appearance or soon as the defendant's eligibility for the | 25 | | Program may be ascertained, the State's Attorney shall | 26 | | inform the defendant of the existence of the Program, the |
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| 1 | | need for a preliminary screen for behavioral health or | 2 | | other social service needs, the requirements for | 3 | | successful completion, the implications of non-compliance, | 4 | | and that successful completion shall result in dismissal | 5 | | of the charge and the defendant's eligibility to petition | 6 | | for sealing or expungement of his or her record with no | 7 | | waiting period. | 8 | | (2) If the defendant agrees, the defendant shall be | 9 | | immediately referred to a human services organization that | 10 | | shall perform a brief screening to determine the presence | 11 | | of any substance use, mental health, or other social | 12 | | service needs experienced by the defendant. | 13 | | (3) If the screen does not indicate the defendant's | 14 | | need for services, the court shall continue the case for | 15 | | further proceedings under the Code of Criminal Procedure | 16 | | of 1963. | 17 | | (4) If the screen indicates a need for services, the | 18 | | defendant shall be considered eligible for participation. | 19 | | Participation is voluntary. To participate, the defendant | 20 | | shall sign a written agreement with the court that he or | 21 | | she understands and agrees to the conditions of | 22 | | participation, as set forth in subsection (f) of this | 23 | | Section. | 24 | | (5) Upon acceptance of the agreement by the court, the | 25 | | human services organization responsible for the screening | 26 | | shall refer the defendant to an appropriate and accessible |
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| 1 | | human services organization responsible for conducting a | 2 | | comprehensive assessment and developing a service plan, as | 3 | | described in subsection (f) of this Section. | 4 | | (6) At such time as it is known, the human services | 5 | | organization responsible for the screening shall report to | 6 | | the court that the individual has successfully or | 7 | | unsuccessfully completed the conditions of participation. | 8 | | (f) The defendant shall agree to submit to a more | 9 | | comprehensive assessment of behavioral health and other social | 10 | | service needs conducted by the human services organization to | 11 | | which the defendant is referred. As a result of this | 12 | | assessment, the organization shall prepare recommendations for | 13 | | treatment and other social services which would likely benefit | 14 | | the defendant, which the human services organization shall | 15 | | present to and discuss with the defendant who may agree to | 16 | | pursue treatment voluntarily. Adherence to the service plan | 17 | | recommendations may not be a condition of participation. | 18 | | Completion of all of the conditions of participation shall | 19 | | occur no more than 90 days from the date of admission into the | 20 | | Program. | 21 | | (g) Under no circumstances shall the human services | 22 | | organization performing either the brief screening, referral, | 23 | | and reporting under subsection (e) or the assessment and | 24 | | service recommendations under subsection (f) be required to | 25 | | perform those services in the absence of reimbursement for | 26 | | those services. The human services organization may already |
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| 1 | | have an existing mechanism for reimbursement, or a new | 2 | | mechanism may be created by way of agreement with the court, | 3 | | the State's Attorney, or the jurisdiction in which the | 4 | | Misdemeanor Diversion Program was developed specifically for | 5 | | the purposes of the Program. | 6 | | (h) If all conditions of participation have been met, the | 7 | | defendant shall be deemed to have successfully completed the | 8 | | Program and the court shall dismiss the proceedings against | 9 | | the defendant. Discharge and dismissal shall not be considered | 10 | | a conviction for purposes of disqualification or disability | 11 | | imposed by law upon conviction of a crime. | 12 | | (i) Non-compliance with the conditions of participation, | 13 | | or failure to complete the conditions of participation within | 14 | | 90 days, shall be considered a violation and the court shall | 15 | | continue the case for further proceedings under the Code of | 16 | | Criminal Procedure of 1963, as if the defendant had not | 17 | | participated in the Program.
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