Full Text of SB3463 103rd General Assembly
SB3463ham001 103RD GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 5/7/2024 | | 10300SB3463ham001 | | LRB103 36291 RLC 73008 a |
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| 1 | | AMENDMENT TO SENATE BILL 3463
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3463 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-915 as follows: | 6 | | (705 ILCS 405/5-915) | 7 | | Sec. 5-915. Expungement of juvenile law enforcement and | 8 | | juvenile court records. | 9 | | (0.05) (Blank). | 10 | | (0.1)(a) The Illinois State Police and all law enforcement | 11 | | agencies within the State shall automatically expunge, on or | 12 | | before January 1 of each year, except as described in | 13 | | paragraph (c) of this subsection (0.1), all juvenile law | 14 | | enforcement records relating to events occurring before an | 15 | | individual's 18th birthday if: | 16 | | (1) one year or more has elapsed since the date of the |
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| 1 | | arrest or law enforcement interaction documented in the | 2 | | records; | 3 | | (2) no petition for delinquency or criminal charges | 4 | | were filed with the clerk of the circuit court relating to | 5 | | the arrest or law enforcement interaction documented in | 6 | | the records; and | 7 | | (3) 6 months have elapsed since the date of the arrest | 8 | | without an additional subsequent arrest or filing of a | 9 | | petition for delinquency or criminal charges whether | 10 | | related or not to the arrest or law enforcement | 11 | | interaction documented in the records. | 12 | | (b) If the law enforcement agency is unable to verify | 13 | | satisfaction of conditions (2) and (3) of this subsection | 14 | | (0.1), records that satisfy condition (1) of this subsection | 15 | | (0.1) shall be automatically expunged if the records relate to | 16 | | an offense that if committed by an adult would not be an | 17 | | offense classified as a Class 2 felony or higher, an offense | 18 | | under Article 11 of the Criminal Code of 1961 or Criminal Code | 19 | | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | 20 | | 12-15, or 12-16 of the Criminal Code of 1961. | 21 | | (c) If the juvenile law enforcement record was received | 22 | | through a public submission to a statewide student | 23 | | confidential reporting system administered by the Illinois | 24 | | State Police, the record will be maintained for a period of 5 | 25 | | years according to all other provisions in this subsection | 26 | | (0.1). |
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| 1 | | (0.15) If a juvenile law enforcement record meets | 2 | | paragraph (a) of subsection (0.1) of this Section, a juvenile | 3 | | law enforcement record created: | 4 | | (1) prior to January 1, 2018, but on or after January | 5 | | 1, 2013 shall be automatically expunged prior to January | 6 | | 1, 2020; | 7 | | (2) prior to January 1, 2013, but on or after January | 8 | | 1, 2000, shall be automatically expunged prior to January | 9 | | 1, 2023; and | 10 | | (3) prior to January 1, 2000 shall not be subject to | 11 | | the automatic expungement provisions of this Act. | 12 | | Nothing in this subsection (0.15) shall be construed to | 13 | | restrict or modify an individual's right to have the person's | 14 | | juvenile law enforcement records expunged except as otherwise | 15 | | may be provided in this Act. | 16 | | (0.2)(a) Upon dismissal of a petition alleging delinquency | 17 | | or upon a finding of not delinquent, the successful | 18 | | termination of an order of supervision, or the successful | 19 | | termination of an adjudication for an offense which would be a | 20 | | Class B misdemeanor, Class C misdemeanor, or a petty or | 21 | | business offense if committed by an adult, the court shall | 22 | | automatically order the expungement of the juvenile court | 23 | | records and juvenile law enforcement records. The clerk shall | 24 | | deliver a certified copy of the expungement order to the | 25 | | Illinois State Police and the arresting agency. Upon request, | 26 | | the State's Attorney shall furnish the name of the arresting |
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| 1 | | agency. The expungement shall be completed within 60 business | 2 | | days after the receipt of the expungement order. | 3 | | (b) If the chief law enforcement officer of the agency, or | 4 | | the chief law enforcement officer's designee, certifies in | 5 | | writing that certain information is needed for a pending | 6 | | investigation involving the commission of a felony, that | 7 | | information, and information identifying the juvenile, may be | 8 | | retained until the statute of limitations for the felony has | 9 | | run. If the chief law enforcement officer of the agency, or the | 10 | | chief law enforcement officer's designee, certifies in writing | 11 | | that certain information is needed with respect to an internal | 12 | | investigation of any law enforcement office, that information | 13 | | and information identifying the juvenile may be retained | 14 | | within an intelligence file until the investigation is | 15 | | terminated or the disciplinary action, including appeals, has | 16 | | been completed, whichever is later. Retention of a portion of | 17 | | a juvenile's law enforcement record does not disqualify the | 18 | | remainder of a juvenile's record from immediate automatic | 19 | | expungement. | 20 | | (0.3)(a) Upon an adjudication of delinquency based on any | 21 | | offense except a disqualified offense, the juvenile court | 22 | | shall automatically order the expungement of the juvenile | 23 | | court and law enforcement records 2 years after the juvenile's | 24 | | case was closed if no delinquency or criminal proceeding is | 25 | | pending and the person has had no subsequent delinquency | 26 | | adjudication or criminal conviction. On the date that the |
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| 1 | | minor's sentence ends or the date that the court enters an | 2 | | order committing the minor to the Department of Juvenile | 3 | | Justice, the juvenile court judge shall schedule a date to | 4 | | enter the automatic expungement order. The minor must be | 5 | | notified but shall not be required to be present for the | 6 | | scheduled court date when automatic expungement is to be | 7 | | ordered. If the minor is not yet eligible on the originally | 8 | | scheduled date, the court shall schedule a subsequent date to | 9 | | enter the automatic expungement order. The clerk shall deliver | 10 | | a certified copy of the expungement order to the Illinois | 11 | | State Police and the arresting agency. Upon request, the | 12 | | State's Attorney shall furnish the name of the arresting | 13 | | agency. The expungement shall be completed within 60 business | 14 | | days after the receipt of the expungement order. In this | 15 | | subsection (0.3), "disqualified offense" means any of the | 16 | | following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, | 17 | | 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, | 18 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | 19 | | 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, | 20 | | 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, | 21 | | 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, | 22 | | 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, | 23 | | 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal | 24 | | Code of 2012, or subsection (b) of Section 8-1, paragraph (4) | 25 | | of subsection (a) of Section 11-14.4, subsection (a-5) of | 26 | | Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) |
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| 1 | | of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, | 2 | | paragraph (1) or (2) of subsection (a) of Section 12-7.4, | 3 | | subparagraph (i) of paragraph (1) of subsection (a) of Section | 4 | | 12-9, subparagraph (H) of paragraph (3) of subsection (a) of | 5 | | Section 24-1.6, paragraph (1) of subsection (a) of Section | 6 | | 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code | 7 | | of 2012. | 8 | | (b) If the chief law enforcement officer of the agency, or | 9 | | the chief law enforcement officer's designee, certifies in | 10 | | writing that certain information is needed for a pending | 11 | | investigation involving the commission of a felony, that | 12 | | information, and information identifying the juvenile, may be | 13 | | retained in an intelligence file until the investigation is | 14 | | terminated or for one additional year, whichever is sooner. | 15 | | Retention of a portion of a juvenile's juvenile law | 16 | | enforcement record does not disqualify the remainder of a | 17 | | juvenile's record from immediate automatic expungement. | 18 | | (0.4) Automatic expungement for the purposes of this | 19 | | Section shall not require law enforcement agencies to | 20 | | obliterate or otherwise destroy juvenile law enforcement | 21 | | records that would otherwise need to be automatically expunged | 22 | | under this Act, except after 2 years following the subject | 23 | | arrest for purposes of use in civil litigation against a | 24 | | governmental entity or its law enforcement agency or personnel | 25 | | which created, maintained, or used the records. However, these | 26 | | juvenile law enforcement records shall be considered expunged |
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| 1 | | for all other purposes during this period and the offense, | 2 | | which the records or files concern, shall be treated as if it | 3 | | never occurred as required under Section 5-923. | 4 | | (0.5) Subsection (0.1) or (0.2) of this Section does not | 5 | | apply to violations of traffic, boating, fish and game laws, | 6 | | or county or municipal ordinances. | 7 | | (0.6) Juvenile law enforcement records of a plaintiff who | 8 | | has filed civil litigation against the governmental entity or | 9 | | its law enforcement agency or personnel that created, | 10 | | maintained, or used the records, or juvenile law enforcement | 11 | | records that contain information related to the allegations | 12 | | set forth in the civil litigation may not be expunged until | 13 | | after 2 years have elapsed after the conclusion of the | 14 | | lawsuit, including any appeal. | 15 | | (0.7) Officer-worn body camera recordings shall not be | 16 | | automatically expunged except as otherwise authorized by the | 17 | | Law Enforcement Officer-Worn Body Camera Act. | 18 | | (1) Whenever a person has been arrested, charged, or | 19 | | adjudicated delinquent for an incident occurring before a | 20 | | person's 18th birthday that if committed by an adult would be | 21 | | an offense, and that person's juvenile law enforcement and | 22 | | juvenile court records are not eligible for automatic | 23 | | expungement under subsection (0.1), (0.2), or (0.3), the | 24 | | person may petition the court at any time at no cost to the | 25 | | person for expungement of juvenile law enforcement records and | 26 | | juvenile court records relating to the incident and, upon |
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| 1 | | termination of all juvenile court proceedings relating to that | 2 | | incident, the court shall order the expungement of all records | 3 | | in the possession of the Illinois State Police, the clerk of | 4 | | the circuit court, and law enforcement agencies relating to | 5 | | the incident, but only in any of the following circumstances: | 6 | | (a) the minor was arrested and no petition for | 7 | | delinquency was filed with the clerk of the circuit court; | 8 | | (a-5) the minor was charged with an offense and the | 9 | | petition or petitions were dismissed without a finding of | 10 | | delinquency; | 11 | | (b) the minor was charged with an offense and was | 12 | | found not delinquent of that offense; | 13 | | (c) the minor was placed under supervision under | 14 | | Section 5-615, and the order of supervision has since been | 15 | | successfully terminated; or | 16 | | (d) the minor was adjudicated for an offense which | 17 | | would be a Class B misdemeanor, Class C misdemeanor, or a | 18 | | petty or business offense if committed by an adult. | 19 | | (1.5) At no cost to the person, the Illinois State Police | 20 | | shall allow a person to use the Access and Review process, | 21 | | established in the Illinois State Police, for verifying that | 22 | | the person's juvenile law enforcement records relating to | 23 | | incidents occurring before the person's 18th birthday eligible | 24 | | under this Act have been expunged. | 25 | | (1.6) (Blank). | 26 | | (1.7) (Blank). |
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| 1 | | (1.8) (Blank). | 2 | | (2) Any person whose delinquency adjudications are not | 3 | | eligible for automatic expungement under subsection (0.3) of | 4 | | this Section may petition the court at no cost to the person to | 5 | | expunge all juvenile law enforcement records relating to any | 6 | | incidents occurring before the person's 18th birthday which | 7 | | did not result in proceedings in criminal court and all | 8 | | juvenile court records with respect to any adjudications | 9 | | except those based upon first degree murder or an offense | 10 | | under Article 11 of the Criminal Code of 2012 if the person is | 11 | | required to register under the Sex Offender Registration Act | 12 | | at the time the person petitions the court for expungement; | 13 | | provided that 2 years have elapsed since all juvenile court | 14 | | proceedings relating to the person have been terminated and | 15 | | the person's commitment to the Department of Juvenile Justice | 16 | | under this Act has been terminated. | 17 | | (2.5) If a minor is arrested and no petition for | 18 | | delinquency is filed with the clerk of the circuit court at the | 19 | | time the minor is released from custody, the youth officer, if | 20 | | applicable, or other designated person from the arresting | 21 | | agency, shall notify verbally and in writing to the minor or | 22 | | the minor's parents or guardians that the minor shall have an | 23 | | arrest record and shall provide the minor and the minor's | 24 | | parents or guardians with an expungement information packet, | 25 | | information regarding this State's expungement laws including | 26 | | a petition to expunge juvenile law enforcement and juvenile |
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| 1 | | court records obtained from the clerk of the circuit court. | 2 | | (2.6) If a minor is referred to court, then, at the time of | 3 | | sentencing, dismissal of the case, or successful completion of | 4 | | supervision, the judge shall inform the delinquent minor of | 5 | | the minor's rights regarding expungement and the clerk of the | 6 | | circuit court shall provide an expungement information packet | 7 | | to the minor, written in plain language, including information | 8 | | regarding this State's expungement laws and a petition for | 9 | | expungement, a sample of a completed petition, expungement | 10 | | instructions that shall include information informing the | 11 | | minor that (i) once the case is expunged, it shall be treated | 12 | | as if it never occurred, (ii) the minor shall not be charged a | 13 | | fee to petition for expungement, (iii) once the minor obtains | 14 | | an expungement, the minor may not be required to disclose that | 15 | | the minor had a juvenile law enforcement or juvenile court | 16 | | record, and (iv) if petitioning the minor may file the | 17 | | petition on the minor's own or with the assistance of an | 18 | | attorney. The failure of the judge to inform the delinquent | 19 | | minor of the minor's right to petition for expungement as | 20 | | provided by law does not create a substantive right, nor is | 21 | | that failure grounds for: (i) a reversal of an adjudication of | 22 | | delinquency; (ii) a new trial; or (iii) an appeal. | 23 | | (2.7) (Blank). | 24 | | (2.8) (Blank). | 25 | | (3) (Blank). | 26 | | (3.1) (Blank). |
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| 1 | | (3.2) (Blank). | 2 | | (3.3) (Blank). | 3 | | (4) (Blank). | 4 | | (5) (Blank). | 5 | | (5.5) Whether or not expunged, records eligible for | 6 | | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | 7 | | (0.3)(a) may be treated as expunged by the individual subject | 8 | | to the records. | 9 | | (6) (Blank). | 10 | | (6.5) The Illinois State Police or any employee of the | 11 | | Illinois State Police shall be immune from civil or criminal | 12 | | liability for failure to expunge any records of arrest that | 13 | | are subject to expungement under this Section because of | 14 | | inability to verify a record. Nothing in this Section shall | 15 | | create Illinois State Police liability or responsibility for | 16 | | the expungement of juvenile law enforcement records it does | 17 | | not possess. | 18 | | (7) (Blank). | 19 | | (7.5) (Blank). | 20 | | (8) The expungement of juvenile law enforcement or | 21 | | juvenile court records under subsection (0.1), (0.2), or (0.3) | 22 | | of this Section shall be funded by appropriation by the | 23 | | General Assembly for that purpose. | 24 | | (9) (Blank). | 25 | | (10) (Blank). | 26 | | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; |
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| 1 | | 102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff. | 2 | | 6-30-23; 103-379, eff. 7-28-23; revised 8-30-23.)". |
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