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Full Text of HB4527  102nd General Assembly

HB4527 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4527

 

Introduced 1/21/2022, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 2630/5.2
730 ILCS 5/5-9-1  from Ch. 38, par. 1005-9-1
730 ILCS 5/5-9-2  from Ch. 38, par. 1005-9-2
730 ILCS 5/5-9-3 rep.

    Creates the Second Chance State Reimagined Justice Act. Contains declarations and findings. Provides that the clerk of the circuit court shall provide an arraigned defendant with written information about the Reimagined Justice Program, sets forth criteria for participation in a Program, and provides that, if an eligible defendant consents to participation in a Program, a pretrial navigator assigned to the eligible defendant shall create a proposed Program. Specifies the contents of a proposed Reimagined Justice Program. Provides that the court shall conduct a hearing on the eligible defendant's proposed Reimagined Justice Program. Provides for procedure and matters to be considered at the hearing and for the approval, modification, or rejection of the proposed Reimagined Justice Program. Provides for the implementation and completion of the Reimagined Justice Program or for the resumption of criminal proceedings under specified circumstances. Provides that the Department of Returning Resident Affairs shall annually report on the efficacy of the Reimagined Justice Program. Amends the Criminal Identification Act. Provides for the immediate expungement of certain records under specified circumstances. Amends the Fines Article of the Unified Code of Corrections. In provisions regarding the determination of the amount and method of payment of a fine, adds criteria to be considered by the court and applies specified provisions to restitution. Adds provisions regarding collection of fines and restitution and the revocation of a fine or restitution. Repeals a Section providing that an offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment and that the court may issue a summons or a warrant of arrest. Contains provisions regarding severability and other matters. Effective immediately, but certain provisions do not take effect at all unless another Act becomes law.


LRB102 22626 RLC 31769 b

 

 

A BILL FOR

 

HB4527LRB102 22626 RLC 31769 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Second
5Chance State Reimagined Justice Act.
 
6    Section 5. Legislative declarations and findings. The
7General Assembly finds and declares that:
8    (1) It is in the best interests of the people of Illinois
9to move from our failed response to crime, which prioritizes
10incarceration for the purpose of imposing punishment and
11creating deterrence.
12    (2) The intolerable 41% recidivism rate in Illinois, with
13a cost of over $151,000 for each recidivism event, 39% rate of
14formerly incarcerated individuals being re-arrested for a
15violent crime within 9 years of release and 83% rate of
16homicide offenders in Illinois having arrest or conviction
17records are but a few of the indicators that Illinois'
18response to crime is not working.
19    (3) It is in the best interests of all Illinois citizens
20for the State to reduce the cost of recidivism by moving from
21this failed approach. It is therefore in the best interests of
22all Illinois citizens for the State to create a comprehensive,
23coordinated, and holistic program that:

 

 

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1        (A) will result in the rehabilitation of defendants in
2    criminal proceedings through reconciliation with their
3    victims and the community at large;
4        (B) addresses the social determinants which
5    precipitated the defendants' commission of the offenses
6    with which they are charged; and
7        (C) places defendants in a position where it is
8    unlikely that they will commit a future criminal offense.
9    (4) The enactment of this Act will accomplish these goals.
 
10    Section 10. Definitions. As used in this Act:
11    "Eligible defendant" means any defendant in a criminal
12proceeding pending in any State court in which:
13        (1) the defendant has not previously participated in
14    an alternative prosecution program similar to the Program
15    and which was conducted by any governmental entity in any
16    State or federal territory;
17        (2) the offense which the defendant is alleged in the
18    pending criminal proceeding to have committed was not
19    committed while the defendant was on bond, under the
20    supervision of a court, on conditional discharge or
21    subject to similar conditions;
22        (3) the defendant has not been convicted of committing
23    another criminal offense since the defendant filed or
24    otherwise advised a court of the defendant's request to
25    participate in the Reimagined Justice Program under this

 

 

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1    Act.
2    "Pretrial navigator" means a pretrial navigator employed
3by a hub site operator under the Department of Returning
4Resident Affairs Act.
5    "Program" means the Reimagined Justice Program authorized
6by this Act.
 
7    Section 15. Arraignment requirements. Simultaneously with
8a defendant's arraignment in a criminal proceeding, the clerk
9of the circuit court in which that proceeding is pending shall
10provide the defendant with written information about the
11Reimagined Justice Program. That written information shall
12include, without limitation, a description of the Program,
13criteria for eligibility to participate in the Program,
14Program benefits, requirements, and deadlines, timelines for
15participation in the Program, and a form pursuant to which the
16defendant consents to participation in the Program. That
17consent shall include, without limitation, the defendant's
18consent to a pretrial navigator's collaboration with the
19defendant's family, counselors, teachers and law enforcement,
20the State's Attorney, and such other persons as the pretrial
21navigator deems necessary to create the proposed Reimagined
22Justice Program, all as described in this Act. That written
23information shall also include the following statement printed
24in 16 point or larger bold type:
25        You have the right to be represented by an attorney

 

 

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1    throughout your participation in a Reimagined Justice
2    Program. Your participation in a Reimagined Justice
3    Program will require you to waive your right to a
4    preliminary hearing on the criminal offense that has been
5    charged against you. You should consult with an attorney
6    to determine how that waiver will impact you. If you fail
7    to comply with the requirements of the Reimagined Justice
8    Program that has been approved by the court, the court may
9    proceed to a trial of your case.
10    Each clerk of the circuit court shall have copies of such
11information written in English, Spanish, and Polish and may
12have copies written in other languages, and shall attempt to
13provide the defendant with a copy written in a language that
14the defendant understands.
 
15    Section 20. Procedure for participation in Reimagined
16Justice Program. Any eligible defendant may participate in a
17Reimagined Justice Program under this Act if the eligible
18defendant files a written consent to participation in that
19Program with the court in which the eligible defendant's
20criminal proceeding is pending within 120 days after the
21eligible defendant's arraignment in that criminal proceeding.
22The consent shall be filed using a standardized form that the
23clerk of each circuit court shall make available to eligible
24defendants without charge. The consent may also be filed in
25any other form reasonably acceptable to the court in which the

 

 

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1eligible defendant's criminal proceeding is pending. The
2eligible defendant shall serve a copy of the consent upon the
3State's Attorney who is prosecuting the pending criminal
4proceeding against the eligible defendant. That State's
5Attorney shall serve a copy of that consent upon any
6complaining witnesses in the proceeding. There shall be no
7charge to or fee required from an eligible defendant for
8requesting participation or participating in a Reimagined
9Justice Program.
 
10    Section 25. Prehearing proceedings.
11    (a) Upon an eligible defendant's filing of a consent to
12participation in a Reimagined Justice Program, the court shall
13set a date for a hearing on the eligible defendant's proposed
14Reimagined Justice Program. The date of that hearing shall be
15not less than 120 days after the filing of the consent, but the
16hearing date may be continued for good cause. All other
17proceedings in the prosecution of the eligible defendant shall
18be stayed pending the disposition of the hearing on the
19eligible defendant's proposed Reimagined Justice Program;
20however, discovery shall continue in accordance with existing
21rules and the hearing date shall be vacated and the
22prosecution shall proceed as otherwise required by law if the
23eligible defendant becomes ineligible to participate in a
24Reimagined Justice Program prior to the hearing.
25    (b) The clerk of the circuit court for the court in which

 

 

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1the eligible defendant's criminal proceeding is pending shall
2electronically transmit a copy of the eligible defendant's
3consent to participation in a Reimagined Justice Program to
4the Department of Returning Resident Affairs within 5 business
5days after the request is filed. The Department shall
6electronically transmit a copy of the consent to the hub site
7operated under the Second Chance State Program that serves the
8area in which the eligible defendant resides within 48 hours
9of that Department's receipt of the request. The hub site
10operator for that hub site shall then assign a pretrial
11navigator to the eligible defendant and the pretrial navigator
12shall use best efforts to attempt to contact the eligible
13defendant within 48 hours after the hub site operator receives
14the request. The pretrial navigator's failure to make such
15contact within 48 hours shall not negatively impact an
16eligible defendant.
 
17    Section 30. Proposed Reimagined Justice Program.
18    (a) The pretrial navigator assigned to the eligible
19defendant shall create a written proposed Reimagined Justice
20Program for the eligible defendant that includes components
21that will:
22        (1) result in the rehabilitation of the eligible
23    defendant through reconciliation with the eligible
24    defendant's victims and the community at large;
25        (2) address the social determinants that precipitated

 

 

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1    the eligible defendant's commission of the charged offense
2    at issue in the eligible defendant's pending criminal
3    proceeding; and
4        (3) place the eligible defendant in a position where
5    it is unlikely that the eligible defendant will commit a
6    future criminal offense.
7    The proposed Reimagined Justice Program shall include a
8completion date, which shall be the date when the eligible
9defendant shall be considered to have successfully completed
10the Program and shall thereafter no longer be subject to it if
11the eligible defendant has complied with its terms and
12conditions. Those components may, but shall not be required
13to, include completing educational or job training
14programming, finding or maintaining employment or safe
15housing, apologizing and providing restitution to victims,
16obtaining substance abuse or mental health counseling, and
17maintaining sobriety. The pretrial navigator shall collaborate
18with the eligible defendant and the eligible defendant's
19victims and community members and may collaborate with the
20eligible defendant's family, counselors, teachers and law
21enforcement, the State's Attorney, and such other persons as
22the pretrial navigator deems necessary to create the proposed
23Reimagined Justice Program.
24    (b) Not less than 30 days before the date set for hearing
25on the approval of the eligible defendant's Reimagined Justice
26Program, the pretrial navigator shall cause copies of the

 

 

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1proposed Reimagined Justice Agreement to be:
2        (1) filed in the eligible defendant's pending criminal
3    proceeding;
4        (2) served upon the eligible defendant, any
5    complaining witnesses in the criminal proceeding, and the
6    State's Attorney prosecuting the eligible defendant's
7    criminal proceeding; and
8        (3) tendered to the judge who will conduct the hearing
9    on the eligible defendant's proposed Reimagined Justice
10    Program.
11    (c) The State's Attorney prosecuting the eligible
12defendant's criminal proceeding shall file any response it has
13to the proposed Reimagined Justice Program within 14 days
14after service of the proposed Reimagined Justice Program on
15the State's Attorney. That response shall also include the
16identities of all witnesses the State's Attorney will call at
17the hearing on the proposed Reimagined Justice Program, a
18description of the testimony that each of those witnesses is
19expected to provide, copies of all statements, reports, or
20opinions those witnesses have provided to the State's Attorney
21regarding the proposed Reimagined Justice Program, copies of
22all other statements, reports, or opinions in the State's
23Attorney's possession or control regarding the proposed
24Reimagined Justice Program and copies of all exhibits the
25State's Attorney will be offering into the record at the
26hearing on the proposed Reimagined Justice Program. The

 

 

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1State's Attorney shall also provide a description of any
2testimony that any complaining witnesses in the criminal
3proceeding or the eligible defendant's victims intend to make
4at the hearing on the proposed Reimagined Justice Program. Any
5matters the State's Attorney has in opposition to or
6pertaining to the modification of the proposed Reimagined
7Justice Program that are not raised in that response shall be
8waived. The State's Attorney shall be barred from:
9        (1) calling any witnesses who were not disclosed in
10    that response;
11        (2) eliciting testimony from a witness other than
12    testimony that was disclosed for that witness in that
13    response; and
14        (3) seeking the admission of exhibits that were not
15    provided to the eligible defendant as part of that
16    response.
 
17    Section 35. Hearing on the proposed Reimagined Justice
18Program.
19    (a) Standards for approval, modification, or rejection of
20the proposed Reimagined Justice Program and presumptions. The
21court's determination to approve, modify, or reject the
22eligible defendant's proposed Reimagined Justice Program shall
23be solely based upon evidence of what actions are reasonably
24necessary to:
25        (1) result in the rehabilitation of the eligible

 

 

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1    defendant through reconciliation with the eligible
2    defendant's victims and the community at large;
3        (2) address the social determinants that precipitated
4    the eligible defendant's commission of the charged offense
5    at issue in the eligible defendant's pending criminal
6    proceeding; and
7        (3) place the eligible defendant in a position in
8    which it is unlikely that the eligible defendant will
9    commit a future criminal offense.
10    Evidence regarding other matters, including, without
11limitation, punishment or deterrence, shall be irrelevant to
12the court's determination to approve, modify, or reject the
13eligible defendant's proposed Reimagined Justice Program. The
14proposed Reimagined Justice Program filed by the pretrial
15navigator shall be presumed to meet the standards for
16approval. The State's Attorney shall have the burden of
17rebutting that presumption. That presumption shall only be
18rebutted by clear and convincing evidence to the contrary. The
19court shall liberally construe the provisions of this Act and
20the evidence presented to the court in favor of approving the
21proposed Reimagined Justice Program filed by the pretrial
22navigator.
23    (b) At the hearing on the proposed Reimagined Justice
24Program, the court shall hear any relevant testimony that any
25complaining witnesses in the criminal proceeding or the
26eligible defendant's victims wish to provide, in addition to

 

 

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1relevant testimony and evidence offered by the eligible
2defendant, pretrial navigator, and witnesses for the eligible
3defendant and State's Attorney. After the conclusion of the
4hearing, the court shall enter a written order approving,
5modifying, or rejecting the proposed Reimagined Justice
6Program. The order shall also include the court's reasons for
7approving, modifying, or rejecting the proposed Reimagined
8Justice Program. Any order approving or modifying the proposed
9Reimagined Justice Program shall also include, among other
10provisions:
11        (1) The condition that the order shall only be in full
12    force and effect if, within 14 days after the eligible
13    defendant is served with the order, the eligible defendant
14    files a waiver of the eligible defendant's right to a
15    preliminary hearing in the criminal proceeding pending
16    against the eligible defendant;
17        (2) A completion date, which shall be the date when
18    the eligible defendant shall be considered to have
19    successfully completed the Program and shall thereafter no
20    longer be subject to it if the eligible defendant has
21    complied with its terms and conditions.
 
22    Section 40. Post-hearing proceedings.
23    (a) Resumption of criminal proceeding. The criminal
24proceeding against the eligible defendant shall proceed as
25otherwise provided by law if either of the following occurs:

 

 

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1        (1) the eligible defendant withdraws the eligible
2    defendant's consent to participate in the Program;
3        (2) the court orders the rejection of the proposed
4    Reimagined Justice Program; or
5        (3) the court enters an order approving or modifying
6    the proposed Reimagined Justice Program and the eligible
7    defendant fails to file a waiver of the eligible
8    defendant's right to a preliminary hearing in the criminal
9    proceeding pending against the eligible defendant within
10    14 days after the eligible defendant is served with that
11    order.
12    (b) Implementation of the Reimagined Justice Program. The
13Reimagined Justice Program set forth in the court's order
14shall be in full force and effect upon the eligible
15defendant's filing of a waiver of the eligible defendant's
16right to a preliminary hearing in the criminal proceeding
17pending against the eligible defendant. The eligible defendant
18shall have the right to withdraw the eligible defendant's
19consent to participate in the Program at any time before that
20order is in full force and effect. After the Reimagined
21Justice Program set forth in the court's order is in full force
22and effect:
23        (1) The court shall set a schedule for the court to
24    hear a status report from the eligible defendant and the
25    pretrial navigator on the eligible defendant's progress
26    toward compliance with the Reimagined Justice Program,

 

 

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1    with such hearings occurring no less than every 90 days.
2    At each such hearing, all evidence of the eligible
3    defendant's compliance and noncompliance with the
4    Reimagined Justice Program and the pretrial navigator's
5    efforts to bring the eligible defendant into compliance
6    with the Program when the eligible defendant has been
7    noncompliant. That evidence shall be presented by the
8    pretrial navigator to the court and shall be set forth in
9    detail in a verified written report by the pretrial
10    navigator. The pretrial navigator shall file a copy of
11    that report with the court and shall serve it upon the
12    eligible defendant in open court and upon the State's
13    Attorney;
14        (2) The pretrial navigator shall monitor and use best
15    efforts to assist with the eligible defendant's compliance
16    with the Reimagined Justice Program and bring the eligible
17    defendant into compliance with the Program if the eligible
18    defendant has been noncompliant. The eligible defendant
19    shall be in contact with and provide the pretrial
20    navigator with such information as the pretrial navigator
21    deems reasonably necessary for that purpose.
22    (c) Subsequent conviction. The order setting forth an
23eligible defendant's Reimagined Justice Program shall be
24vacated and the criminal proceeding pending against the
25eligible defendant shall proceed as otherwise provided by law
26if the eligible defendant is convicted of committing another

 

 

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1felony offense after that order is entered.
2    (d) Completion.
3        (1) State's Attorney and pretrial navigator reports on
4    compliance. Not more than 14 days after the completion
5    date provided in the order setting forth the Reimagined
6    Justice Program, the State's Attorney and pretrial
7    navigator shall file their individual written reports with
8    the court in which the eligible defendant's criminal
9    proceeding are pending. Those reports shall state the
10    State's Attorney's and pretrial navigator's opinion on
11    whether the eligible defendant complied with the
12    Reimagined Justice Program set forth in the court's order.
13    Those reports shall also include detailed facts and other
14    relevant information to support those opinions. The
15    State's Attorney and the pretrial navigator shall serve
16    copies of their reports on the eligible defendant.
17        (2) Probable cause hearing. If the reports of the
18    State's Attorney or the pretrial navigator required under
19    paragraph (1) state that the eligible defendant failed to
20    comply with the order setting forth the Reimagined Justice
21    Program, the eligible defendant shall have 30 days after
22    the eligible defendant's receipt of those reports to file
23    a response to them. The court shall consider the reports,
24    the eligible defendant's response, and any oral arguments
25    it deems necessary to hear to determine whether there is
26    probable cause to believe that the eligible defendant

 

 

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1    failed to comply with the order setting forth the
2    Reimagined Justice Program.
3        (3) Compliance hearing.
4            (A) The court shall schedule an evidentiary
5        hearing on the issue of the eligible defendant's
6        compliance with the order setting forth the Reimagined
7        Justice Program if the court determines that there is
8        probable cause to believe that the eligible defendant
9        failed to comply with the order setting forth the
10        Reimagined Justice Program. That hearing shall not be
11        convened for at least 30 days after the eligible
12        defendant receives notice of the court's probable
13        cause determination. The hearing may be continued for
14        good cause.
15            (B) Not less than 14 days before the evidentiary
16        hearing described in subparagraph (A):
17                (i) the pretrial navigator shall provide the
18            eligible defendant with a description of the
19            testimony the pretrial navigator expects to
20            provide at that hearing and copies of all files
21            and other documents in the pretrial navigator's
22            possession or control that pertain to the eligible
23            defendant; and
24                (ii) the State's Attorney shall provide the
25            eligible defendant with the identities of all
26            witnesses the State's Attorney will call at that

 

 

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1            hearing, a description of the testimony that each
2            of those witnesses is expected to provide, copies
3            of all statements, reports, or opinions those
4            witnesses have provided to the State's Attorney
5            regarding the matters at issue in that hearing,
6            copies of all other statements, reports, or
7            opinions in the State's Attorney's possession or
8            control regarding the matters at issue in that
9            hearing, and copies of all exhibits the State's
10            Attorney will be offering into the record at that
11            hearing.
12            (C) The pretrial navigator shall be barred from
13        testifying about any matters that have not been
14        disclosed to the eligible defendant under item (i) of
15        subparagraph (B). The State's Attorney shall be barred
16        from:
17                (i) calling any witnesses who were not
18            disclosed to the eligible defendant pursuant to
19            item (ii) of subparagraph (B);
20                (ii) eliciting testimony from a witness other
21            than testimony that was disclosed for that witness
22            under item (ii) of subparagraph (B); and
23                (iii) seeking the admission of exhibits that
24            were not provided to the eligible defendant under
25            item (ii) of subparagraph (B).
26            (D) The State's Attorney or pretrial navigator who

 

 

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1        alleged that the eligible defendant has failed to
2        comply with the order setting forth the Reimagined
3        Justice Program has the burden of proving that the
4        eligible defendant so failed to comply. That burden
5        shall only be satisfied with the admission of clear
6        and convincing evidence.
7            (E) The court shall consider the relevant
8        testimony and other evidence admitted during the
9        hearing to determine whether the eligible defendant
10        complied with the Reimagined Justice Program set forth
11        in the court's order. If the court determines that
12        clear and convincing evidence demonstrates that the
13        eligible defendant failed to comply with the
14        Reimagined Justice Program, the eligible defendant's
15        criminal proceeding shall proceed in accordance with
16        applicable law. The eligible defendant's participation
17        in and failure to comply with the Reimagined Justice
18        Program shall not otherwise be considered by the court
19        or presented to any jury in the criminal proceeding
20        against the eligible defendant.
21        (4) Post-compliance. If either: (i) the State's
22    Attorney and pretrial navigator report that the eligible
23    defendant has complied with the Reimagined Justice Program
24    set forth in the court's order; or (ii) the court
25    determined under paragraph (d)(2) that there is not
26    probable cause to believe that the eligible defendant

 

 

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1    failed to comply with the order setting forth the
2    Reimagined Justice Program; or (iii) the court determines
3    that clear and convincing evidence of the eligible
4    defendant's failure to comply with that order was not
5    presented at the hearing described in paragraph (3), then:
6            (A) the criminal proceeding pending against the
7        eligible defendant shall be dismissed nunc pro tunc to
8        the earlier of the date the complaint, information, or
9        indictment in that proceeding was filed; and
10            (B) all records pertaining to the proceeding shall
11        be expunged in accordance with the Criminal
12        Identification Act within 60 days thereafter without
13        need for further action by the eligible defendant or
14        the court, including, without limitation, arrest
15        records, law enforcement records (including, without
16        limitation, records of the arresting agency and the
17        Illinois State Police), investigatory records, the
18        State's Attorney's records, records maintained by the
19        clerk of the circuit court that indicate the existence
20        of the proceeding, and all filings in the criminal
21        proceeding that were pending against the eligible
22        defendant.
 
23    Section 45. Reporting. The Department of Returning
24Resident Affairs shall annually report on the efficacy of the
25Program to the Governor and General Assembly and make that

 

 

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1report available on its website. That report shall include,
2without limitation, data showing the following for the
3reporting period:
4        (1) Number of eligible defendants who: (A) requested
5    participation in the Program; (B) were denied
6    participation in the Program due to ineligibility; (C) had
7    a proposed Reimagined Justice Program granted; (D) had a
8    proposed Reimagined Justice Program modified; (E) had a
9    proposed Reimagined Justice Program rejected; (F) entered
10    guilty pleas pursuant to the Program; (G) failed to enter
11    guilty pleas pursuant to the Program; (H) successfully
12    completed the Program; (I) failed to successfully complete
13    the Program; and (J) recidivated after successfully
14    completing the Program.
15        (2)(A) Criminal offenses for which eligible defendants
16    have been charged; (B) the number of Program participants
17    at each hub site; (C) basic components of proposed and
18    final Reimagined Justice Programs; (D) the nature of
19    modifications to proposed Reimagined Justice Programs; and
20    (E) the operating costs of the Program.
21    Pretrial navigators and the Illinois Department of
22Corrections shall provide the Department of Returning Resident
23Affairs with such information as is necessary for the
24Department of Returning Resident Affairs to compile these
25reports.
 

 

 

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1    Section 50. Provisions of Act mandatory. Subject only to
2appropriation, the provisions of this Act are mandatory and
3shall not be considered to be directory or discretionary.
 
4    Section 905. The Criminal Identification Act is amended by
5changing 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 following Sections of the
14        Unified Code of Corrections, 730 ILCS 5/5-1-2 through
15        5/5-1-22:
16                (i) Business Offense, Section 5-1-2. (730 ILCS
17            5/5-1-2),
18                (ii) Charge, Section 5-1-3. (730 ILCS
19            5/5-1-3),
20                (iii) Court, Section 5-1-6. (730 ILCS
21            5/5-1-6),
22                (iv) Defendant, Section 5-1-7. (730 ILCS
23            5/5-1-7),
24                (v) Felony, Section 5-1-9. (730 ILCS 5/5-1-9),

 

 

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1                (vi) Imprisonment, Section 5-1-10. (730 ILCS
2            5/5-1-10),
3                (vii) Judgment, Section 5-1-12. (730 ILCS
4            5/5-1-12),
5                (viii) Misdemeanor, Section 5-1-14. (730 ILCS
6            5/5-1-14),
7                (ix) Offense, Section 5-1-15. (730 ILCS
8            5/5-1-15),
9                (x) Parole, Section 5-1-16. (730 ILCS
10            5/5-1-16),
11                (xi) Petty Offense, Section 5-1-17. (730 ILCS
12            5/5-1-17),
13                (xii) Probation, Section 5-1-18. (730 ILCS
14            5/5-1-18),
15                (xiii) Sentence, Section 5-1-19. (730 ILCS
16            5/5-1-19),
17                (xiv) Supervision, Section 5-1-21. (730 ILCS
18            5/5-1-21), and
19                (xv) Victim, Section 5-1-22. (730 ILCS
20            5/5-1-22).
21            (B) As used in this Section, "charge not initiated
22        by arrest" means a charge (as defined by Section 5-1-3
23        of the Unified Code of Corrections 730 ILCS 5/5-1-3)
24        brought against a defendant where the defendant is not
25        arrested prior to or as a direct result of the charge.
26            (C) "Conviction" means a judgment of conviction or

 

 

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1        sentence entered upon a plea of guilty or upon a
2        verdict or finding of guilty of an offense, rendered
3        by a legally constituted jury or by a court of
4        competent jurisdiction authorized to try the case
5        without a jury. An order of supervision successfully
6        completed by the petitioner is not a conviction. An
7        order of qualified probation (as defined in subsection
8        (a)(1)(J)) successfully completed by the petitioner is
9        not a conviction. An order of supervision or an order
10        of qualified probation that is terminated
11        unsatisfactorily is a conviction, unless the
12        unsatisfactory termination is reversed, vacated, or
13        modified and the judgment of conviction, if any, is
14        reversed or vacated.
15            (D) "Criminal offense" means a petty offense,
16        business offense, misdemeanor, felony, or municipal
17        ordinance violation (as defined in subsection
18        (a)(1)(H)). As used in this Section, a minor traffic
19        offense (as defined in subsection (a)(1)(G)) shall not
20        be considered a criminal offense.
21            (E) "Expunge" means to physically destroy the
22        records or return them to the petitioner and to
23        obliterate the petitioner's name from any official
24        index or public record, or both. Nothing in this Act
25        shall require the physical destruction of the circuit
26        court file, but such records relating to arrests or

 

 

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1        charges, or both, ordered expunged shall be impounded
2        as required by subsections (d)(9)(A)(ii) and
3        (d)(9)(B)(ii).
4            (F) As used in this Section, "last sentence" means
5        the sentence, order of supervision, or order of
6        qualified probation (as defined by subsection
7        (a)(1)(J)), for a criminal offense (as defined by
8        subsection (a)(1)(D)) that terminates last in time in
9        any jurisdiction, regardless of whether the petitioner
10        has included the criminal offense for which the
11        sentence or order of supervision or qualified
12        probation was imposed in his or her petition. If
13        multiple sentences, orders of supervision, or orders
14        of qualified probation terminate on the same day and
15        are last in time, they shall be collectively
16        considered the "last sentence" regardless of whether
17        they were ordered to run concurrently.
18            (G) "Minor traffic offense" means a petty offense,
19        business offense, or Class C misdemeanor under the
20        Illinois Vehicle Code or a similar provision of a
21        municipal or local ordinance.
22            (G-5) "Minor Cannabis Offense" means a violation
23        of Section 4 or 5 of the Cannabis Control Act
24        concerning not more than 30 grams of any substance
25        containing cannabis, provided the violation did not
26        include a penalty enhancement under Section 7 of the

 

 

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1        Cannabis Control Act and is not associated with an
2        arrest, conviction or other disposition for a violent
3        crime as defined in subsection (c) of Section 3 of the
4        Rights of Crime Victims and Witnesses Act.
5            (H) "Municipal ordinance violation" means an
6        offense defined by a municipal or local ordinance that
7        is criminal in nature and with which the petitioner
8        was charged or for which the petitioner was arrested
9        and released without charging.
10            (I) "Petitioner" means an adult or a minor
11        prosecuted as an adult who has applied for relief
12        under this Section.
13            (J) "Qualified probation" means an order of
14        probation under Section 10 of the Cannabis Control
15        Act, Section 410 of the Illinois Controlled Substances
16        Act, Section 70 of the Methamphetamine Control and
17        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
18        of the Unified Code of Corrections, Section
19        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
20        those provisions existed before their deletion by
21        Public Act 89-313), Section 10-102 of the Illinois
22        Alcoholism and Other Drug Dependency Act, Section
23        40-10 of the Substance Use Disorder Act, or Section 10
24        of the Steroid Control Act. For the purpose of this
25        Section, "successful completion" of an order of
26        qualified probation under Section 10-102 of the

 

 

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1        Illinois Alcoholism and Other Drug Dependency Act and
2        Section 40-10 of the Substance Use Disorder Act means
3        that the probation was terminated satisfactorily and
4        the judgment of conviction was vacated.
5            (K) "Seal" means to physically and electronically
6        maintain the records, unless the records would
7        otherwise be destroyed due to age, but to make the
8        records unavailable without a court order, subject to
9        the exceptions in Sections 12 and 13 of this Act. The
10        petitioner's name shall also be obliterated from the
11        official index required to be kept by the circuit
12        court clerk under Section 16 of the Clerks of Courts
13        Act, but any index issued by the circuit court clerk
14        before the entry of the order to seal shall not be
15        affected.
16            (L) "Sexual offense committed against a minor"
17        includes, but is not limited to, the offenses of
18        indecent solicitation of a child or criminal sexual
19        abuse when the victim of such offense is under 18 years
20        of age.
21            (M) "Terminate" as it relates to a sentence or
22        order of supervision or qualified probation includes
23        either satisfactory or unsatisfactory termination of
24        the sentence, unless otherwise specified in this
25        Section. A sentence is terminated notwithstanding any
26        outstanding financial legal obligation.

 

 

HB4527- 26 -LRB102 22626 RLC 31769 b

1        (2) Minor Traffic Offenses. Orders of supervision or
2    convictions for minor traffic offenses shall not affect a
3    petitioner's eligibility to expunge or seal records
4    pursuant to this Section.
5        (2.5) Commencing 180 days after July 29, 2016 (the
6    effective date of Public Act 99-697), the law enforcement
7    agency issuing the citation shall automatically expunge,
8    on or before January 1 and July 1 of each year, the law
9    enforcement records of a person found to have committed a
10    civil law violation of subsection (a) of Section 4 of the
11    Cannabis Control Act or subsection (c) of Section 3.5 of
12    the Drug Paraphernalia Control Act in the law enforcement
13    agency's possession or control and which contains the
14    final satisfactory disposition which pertain to the person
15    issued a citation for that offense. The law enforcement
16    agency shall provide by rule the process for access,
17    review, and to confirm the automatic expungement by the
18    law enforcement agency issuing the citation. Commencing
19    180 days after July 29, 2016 (the effective date of Public
20    Act 99-697), the clerk of the circuit court shall expunge,
21    upon order of the court, or in the absence of a court order
22    on or before January 1 and July 1 of each year, the court
23    records of a person found in the circuit court to have
24    committed a civil law violation of subsection (a) of
25    Section 4 of the Cannabis Control Act or subsection (c) of
26    Section 3.5 of the Drug Paraphernalia Control Act in the

 

 

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1    clerk's possession or control and which contains the final
2    satisfactory disposition which pertain to the person
3    issued a citation for any of those offenses.
4        (3) Exclusions. Except as otherwise provided in
5    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
6    of this Section, the court shall not order:
7            (A) the sealing or expungement of the records of
8        arrests or charges not initiated by arrest that result
9        in an order of supervision for or conviction of: (i)
10        any sexual offense committed against a minor; (ii)
11        Section 11-501 of the Illinois Vehicle Code or a
12        similar provision of a local ordinance; or (iii)
13        Section 11-503 of the Illinois Vehicle Code or a
14        similar provision of a local ordinance, unless the
15        arrest or charge is for a misdemeanor violation of
16        subsection (a) of Section 11-503 or a similar
17        provision of a local ordinance, that occurred prior to
18        the offender reaching the age of 25 years and the
19        offender has no other conviction for violating Section
20        11-501 or 11-503 of the Illinois Vehicle Code or a
21        similar provision of a local ordinance.
22            (B) the sealing or expungement of records of minor
23        traffic offenses (as defined in subsection (a)(1)(G)),
24        unless the petitioner was arrested and released
25        without charging.
26            (C) the sealing of the records of arrests or

 

 

HB4527- 28 -LRB102 22626 RLC 31769 b

1        charges not initiated by arrest which result in an
2        order of supervision or a conviction for the following
3        offenses:
4                (i) offenses included in Article 11 of the
5            Criminal Code of 1961 or the Criminal Code of 2012
6            or a similar provision of a local ordinance,
7            except Section 11-14 and a misdemeanor violation
8            of Section 11-30 of the Criminal Code of 1961 or
9            the Criminal Code of 2012, or a similar provision
10            of a local ordinance;
11                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
12            26-5, or 48-1 of the Criminal Code of 1961 or the
13            Criminal Code of 2012, or a similar provision of a
14            local ordinance;
15                (iii) Sections 12-3.1 or 12-3.2 of the
16            Criminal Code of 1961 or the Criminal Code of
17            2012, or Section 125 of the Stalking No Contact
18            Order Act, or Section 219 of the Civil No Contact
19            Order Act, or a similar provision of a local
20            ordinance;
21                (iv) Class A misdemeanors or felony offenses
22            under the Humane Care for Animals Act; or
23                (v) any offense or attempted offense that
24            would subject a person to registration under the
25            Sex Offender Registration Act.
26            (D) (blank).

 

 

HB4527- 29 -LRB102 22626 RLC 31769 b

1    (b) Expungement.
2        (1) A petitioner may petition the circuit court to
3    expunge the records of his or her arrests and charges not
4    initiated by arrest when each arrest or charge not
5    initiated by arrest sought to be expunged resulted in: (i)
6    acquittal, dismissal, or the petitioner's release without
7    charging, unless excluded by subsection (a)(3)(B); (ii) a
8    conviction which was vacated or reversed, unless excluded
9    by subsection (a)(3)(B); (iii) an order of supervision and
10    such supervision was successfully completed by the
11    petitioner, unless excluded by subsection (a)(3)(A) or
12    (a)(3)(B); or (iv) an order of qualified probation (as
13    defined in subsection (a)(1)(J)) and such probation was
14    successfully completed by the petitioner.
15        (1.5) When a petitioner seeks to have a record of
16    arrest expunged under this Section, and the offender has
17    been convicted of a criminal offense, the State's Attorney
18    may object to the expungement on the grounds that the
19    records contain specific relevant information aside from
20    the mere fact of the arrest.
21        (2) Time frame for filing a petition to expunge.
22            (A) When the arrest or charge not initiated by
23        arrest sought to be expunged resulted in an acquittal,
24        dismissal, the petitioner's release without charging,
25        or the reversal or vacation of a conviction, there is
26        no waiting period to petition for the expungement of

 

 

HB4527- 30 -LRB102 22626 RLC 31769 b

1        such records.
2            (B) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an order of
4        supervision, successfully completed by the petitioner,
5        the following time frames will apply:
6                (i) Those arrests or charges that resulted in
7            orders of supervision under Section 3-707, 3-708,
8            3-710, or 5-401.3 of the Illinois Vehicle Code or
9            a similar provision of a local ordinance, or under
10            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
11            Code of 1961 or the Criminal Code of 2012, or a
12            similar provision of a local ordinance, shall not
13            be eligible for expungement until 5 years have
14            passed following the satisfactory termination of
15            the supervision.
16                (i-5) Those arrests or charges that resulted
17            in orders of supervision for a misdemeanor
18            violation of subsection (a) of Section 11-503 of
19            the Illinois Vehicle Code or a similar provision
20            of a local ordinance, that occurred prior to the
21            offender reaching the age of 25 years and the
22            offender has no other conviction for violating
23            Section 11-501 or 11-503 of the Illinois Vehicle
24            Code or a similar provision of a local ordinance
25            shall not be eligible for expungement until the
26            petitioner has reached the age of 25 years.

 

 

HB4527- 31 -LRB102 22626 RLC 31769 b

1                (ii) Those arrests or charges that resulted in
2            orders of supervision for any other offenses shall
3            not be eligible for expungement until 2 years have
4            passed following the satisfactory termination of
5            the supervision.
6            (C) When the arrest or charge not initiated by
7        arrest sought to be expunged resulted in an order of
8        qualified probation, successfully completed by the
9        petitioner, such records shall not be eligible for
10        expungement until 5 years have passed following the
11        satisfactory termination of the probation.
12            (D) Immediate expungement.
13                (i) Applicability. Notwithstanding any other
14            provision of law and cumulative with any rights to
15            expungement or sealing of criminal records, this
16            subparagraph (D) authorizes immediate expungement
17            of arrests or charges not initiated by arrest
18            resulting in an acquittal, dismissal, the
19            petitioner's release without charging, or the
20            reversal or vacation of a conviction.
21                (ii) When records are eligible to be
22            immediately expunged. Records eligible to be
23            expunged under subdivision (i) of this
24            subparagraph (D) may be expunged immediately after
25            entry of the final disposition of a case.
26                (iii) Procedure.

 

 

HB4527- 32 -LRB102 22626 RLC 31769 b

1                    (aa) Filing the petition. A petition for
2                the immediate expungement of records under
3                subdivision (i) of this subparagraph (D) may
4                be filed with the circuit court clerk during
5                the hearing in which the final disposition of
6                the case is entered and heard instanter. The
7                defendant may also file a petition for
8                immediate expungement and set the petition for
9                hearing on the date in which the final
10                disposition of the case is anticipated. The
11                defendant may also file a petition for
12                expungement at any other time after the final
13                disposition of the case.
14                    (bb) Contents of the petition. The
15                petition for the immediate expungement of
16                records under subdivision (i) of this
17                subparagraph (D) shall be verified and shall
18                contain the petitioner's name, date of birth,
19                current address, and, for each eligible
20                record, the case number, the date of the
21                arrest if applicable, the identity of the
22                arresting authority if applicable, and other
23                information the court may require.
24                    (cc) Service of petition. A copy of the
25                petition for the immediate expungement of
26                records under subdivision (i) of this

 

 

HB4527- 33 -LRB102 22626 RLC 31769 b

1                subparagraph (D) shall be served on the
2                State's Attorney in open court. The petitioner
3                shall not be required to serve a copy of the
4                petition on any other agency.
5                    (dd) Hearing and entry of order. The
6                presiding trial judge shall enter an order
7                granting or denying the petition for the
8                immediate expungement of records under
9                subdivision (i) of this subparagraph (D)
10                during any hearing in which that petition is
11                filed, including, without limitation, the
12                hearing in which the final disposition of the
13                case is entered. A petition for the immediate
14                expungement of records under subdivision (i)
15                of this subparagraph (D) that was filed at a
16                time other than during a hearing shall be set
17                for hearing by the presiding trial judge and
18                the presiding trial judge shall enter an order
19                granting or denying that petition at that
20                hearing.
21                    (ee) Service of order. An order to
22                immediately expunge eligible records under
23                this subparagraph (D) shall be served in
24                accordance with paragraph (8) of subsection
25                (d).
26                    (ff) Implementation of order. An order to

 

 

HB4527- 34 -LRB102 22626 RLC 31769 b

1                immediately expunge records under this
2                subparagraph (D) shall be implemented in
3                accordance with subparagraph (A) of paragraph
4                (8) of subsection (d).
5                    (gg) Final order. No court order entered
6                under this subparagraph (D) becomes final for
7                purposes of appeal until 30 days after service
8                of the order on the petitioner and all parties
9                entitled to service of the order.
10                    (hh) Motion to vacate, modify, or
11                reconsider. Under Section 2-1203 of the Code
12                of Civil Procedure, the petitioner, the
13                State's Attorney, or the Illinois State Police
14                may file a motion to vacate, modify, or
15                reconsider an order denying a petition to
16                immediately expunge within 30 days of service
17                of the order. If filed more than 30 days after
18                service of the order, a petition to vacate,
19                modify, or reconsider shall comply with
20                Section 2-1401 of the Code of Civil Procedure.
21                    (ii) Effect of order. An order granting an
22                immediate expungement petition under this
23                subparagraph (D) shall not be considered void
24                because it fails to comply with the provisions
25                of this subparagraph (D). The circuit court
26                retains jurisdiction to determine whether the

 

 

HB4527- 35 -LRB102 22626 RLC 31769 b

1                order is voidable, and to vacate, modify, or
2                reconsider its terms based on a motion filed
3                under paragraph (12) of subsection (d).
4                    (jj) Compliance with order granting
5                petition to expunge records. Unless a court
6                has entered a stay of an order granting a
7                petition to immediately expunge under this
8                subparagraph (D), all parties entitled to
9                service of the order must fully comply with
10                the terms of the order within 60 days of
11                service of the order.
12        (3) Those records maintained by the Illinois State
13    Police Department for persons arrested prior to their 17th
14    birthday shall be expunged as provided in Section 5-915 of
15    the Juvenile Court Act of 1987.
16        (4) Whenever a person has been arrested for or
17    convicted of any offense, in the name of a person whose
18    identity he or she has stolen or otherwise come into
19    possession of, the aggrieved person from whom the identity
20    was stolen or otherwise obtained without authorization,
21    upon learning of the person having been arrested using his
22    or her identity, may, upon verified petition to the chief
23    judge of the circuit wherein the arrest was made, have a
24    court order entered nunc pro tunc by the Chief Judge to
25    correct the arrest record, conviction record, if any, and
26    all official records of the arresting authority, the

 

 

HB4527- 36 -LRB102 22626 RLC 31769 b

1    Illinois State Police Department, other criminal justice
2    agencies, the prosecutor, and the trial court concerning
3    such arrest, if any, by removing his or her name from all
4    such records in connection with the arrest and conviction,
5    if any, and by inserting in the records the name of the
6    offender, if known or ascertainable, in lieu of the
7    aggrieved's name. The records of the circuit court clerk
8    shall be sealed until further order of the court upon good
9    cause shown and the name of the aggrieved person
10    obliterated on the official index required to be kept by
11    the circuit court clerk under Section 16 of the Clerks of
12    Courts Act, but the order shall not affect any index
13    issued by the circuit court clerk before the entry of the
14    order. Nothing in this Section shall limit the Illinois
15    Department of State Police or other criminal justice
16    agencies or prosecutors from listing under an offender's
17    name the false names he or she has used.
18        (5) Whenever a person has been convicted of criminal
19    sexual assault, aggravated criminal sexual assault,
20    predatory criminal sexual assault of a child, criminal
21    sexual abuse, or aggravated criminal sexual abuse, the
22    victim of that offense may request that the State's
23    Attorney of the county in which the conviction occurred
24    file a verified petition with the presiding trial judge at
25    the petitioner's trial to have a court order entered to
26    seal the records of the circuit court clerk in connection

 

 

HB4527- 37 -LRB102 22626 RLC 31769 b

1    with the proceedings of the trial court concerning that
2    offense. However, the records of the arresting authority
3    and the Illinois Department of State Police concerning the
4    offense shall not be sealed. The court, upon good cause
5    shown, shall make the records of the circuit court clerk
6    in connection with the proceedings of the trial court
7    concerning the offense available for public inspection.
8        (6) If a conviction has been set aside on direct
9    review or on collateral attack and the court determines by
10    clear and convincing evidence that the petitioner was
11    factually innocent of the charge, the court that finds the
12    petitioner factually innocent of the charge shall enter an
13    expungement order for the conviction for which the
14    petitioner has been determined to be innocent as provided
15    in subsection (b) of Section 5-5-4 of the Unified Code of
16    Corrections.
17        (7) Nothing in this Section shall prevent the Illinois
18    Department of State Police from maintaining all records of
19    any person who is admitted to probation upon terms and
20    conditions and who fulfills those terms and conditions
21    pursuant to Section 10 of the Cannabis Control Act,
22    Section 410 of the Illinois Controlled Substances Act,
23    Section 70 of the Methamphetamine Control and Community
24    Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified
25    Code of Corrections, Section 12-4.3 or subdivision (b)(1)
26    of Section 12-3.05 of the Criminal Code of 1961 or the

 

 

HB4527- 38 -LRB102 22626 RLC 31769 b

1    Criminal Code of 2012, Section 10-102 of the Illinois
2    Alcoholism and Other Drug Dependency Act, Section 40-10 of
3    the Substance Use Disorder Act, or Section 10 of the
4    Steroid Control Act.
5        (8) If the petitioner has been granted a certificate
6    of innocence under Section 2-702 of the Code of Civil
7    Procedure, the court that grants the certificate of
8    innocence shall also enter an order expunging the
9    conviction for which the petitioner has been determined to
10    be innocent as provided in subsection (h) of Section 2-702
11    of the Code of Civil Procedure.
12    (c) Sealing.
13        (1) Applicability. Notwithstanding any other provision
14    of this Act to the contrary, and cumulative with any
15    rights to expungement of criminal records, this subsection
16    authorizes the sealing of criminal records of adults and
17    of minors prosecuted as adults. Subsection (g) of this
18    Section provides for immediate sealing of certain records.
19        (2) Eligible Records. The following records may be
20    sealed:
21            (A) All arrests resulting in release without
22        charging;
23            (B) Arrests or charges not initiated by arrest
24        resulting in acquittal, dismissal, or conviction when
25        the conviction was reversed or vacated, except as
26        excluded by subsection (a)(3)(B);

 

 

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1            (C) Arrests or charges not initiated by arrest
2        resulting in orders of supervision, including orders
3        of supervision for municipal ordinance violations,
4        successfully completed by the petitioner, unless
5        excluded by subsection (a)(3);
6            (D) Arrests or charges not initiated by arrest
7        resulting in convictions, including convictions on
8        municipal ordinance violations, unless excluded by
9        subsection (a)(3);
10            (E) Arrests or charges not initiated by arrest
11        resulting in orders of first offender probation under
12        Section 10 of the Cannabis Control Act, Section 410 of
13        the Illinois Controlled Substances Act, Section 70 of
14        the Methamphetamine Control and Community Protection
15        Act, or Section 5-6-3.3 of the Unified Code of
16        Corrections; and
17            (F) Arrests or charges not initiated by arrest
18        resulting in felony convictions unless otherwise
19        excluded by subsection (a) paragraph (3) of this
20        Section.
21        (3) When Records Are Eligible to Be Sealed. Records
22    identified as eligible under subsection (c)(2) may be
23    sealed as follows:
24            (A) Records identified as eligible under
25        subsection (c)(2)(A) and (c)(2)(B) may be sealed at
26        any time.

 

 

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1            (B) Except as otherwise provided in subparagraph
2        (E) of this paragraph (3), records identified as
3        eligible under subsection (c)(2)(C) may be sealed 2
4        years after the termination of petitioner's last
5        sentence (as defined in subsection (a)(1)(F)).
6            (C) Except as otherwise provided in subparagraph
7        (E) of this paragraph (3), records identified as
8        eligible under subsections (c)(2)(D), (c)(2)(E), and
9        (c)(2)(F) may be sealed 3 years after the termination
10        of the petitioner's last sentence (as defined in
11        subsection (a)(1)(F)). Convictions requiring public
12        registration under the Arsonist Registration Act, the
13        Sex Offender Registration Act, or the Murderer and
14        Violent Offender Against Youth Registration Act may
15        not be sealed until the petitioner is no longer
16        required to register under that relevant Act.
17            (D) Records identified in subsection
18        (a)(3)(A)(iii) may be sealed after the petitioner has
19        reached the age of 25 years.
20            (E) Records identified as eligible under
21        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
22        (c)(2)(F) may be sealed upon termination of the
23        petitioner's last sentence if the petitioner earned a
24        high school diploma, associate's degree, career
25        certificate, vocational technical certification, or
26        bachelor's degree, or passed the high school level

 

 

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1        Test of General Educational Development, during the
2        period of his or her sentence or mandatory supervised
3        release. This subparagraph shall apply only to a
4        petitioner who has not completed the same educational
5        goal prior to the period of his or her sentence or
6        mandatory supervised release. If a petition for
7        sealing eligible records filed under this subparagraph
8        is denied by the court, the time periods under
9        subparagraph (B) or (C) shall apply to any subsequent
10        petition for sealing filed by the petitioner.
11        (4) Subsequent felony convictions. A person may not
12    have subsequent felony conviction records sealed as
13    provided in this subsection (c) if he or she is convicted
14    of any felony offense after the date of the sealing of
15    prior felony convictions as provided in this subsection
16    (c). The court may, upon conviction for a subsequent
17    felony offense, order the unsealing of prior felony
18    conviction records previously ordered sealed by the court.
19        (5) Notice of eligibility for sealing. Upon entry of a
20    disposition for an eligible record under this subsection
21    (c), the petitioner shall be informed by the court of the
22    right to have the records sealed and the procedures for
23    the sealing of the records.
24    (d) Procedure. The following procedures apply to
25expungement under subsections (b), (e), and (e-6) and sealing
26under subsections (c) and (e-5):

 

 

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1        (1) Filing the petition. Upon becoming eligible to
2    petition for the expungement or sealing of records under
3    this Section, the petitioner shall file a petition
4    requesting the expungement or sealing of records with the
5    clerk of the court where the arrests occurred or the
6    charges were brought, or both. If arrests occurred or
7    charges were brought in multiple jurisdictions, a petition
8    must be filed in each such jurisdiction. The petitioner
9    shall pay the applicable fee, except no fee shall be
10    required if the petitioner has obtained a court order
11    waiving fees under Supreme Court Rule 298 or it is
12    otherwise waived.
13        (1.5) County fee waiver pilot program. From August 9,
14    2019 (the effective date of Public Act 101-306) through
15    December 31, 2020, in a county of 3,000,000 or more
16    inhabitants, no fee shall be required to be paid by a
17    petitioner if the records sought to be expunged or sealed
18    were arrests resulting in release without charging or
19    arrests or charges not initiated by arrest resulting in
20    acquittal, dismissal, or conviction when the conviction
21    was reversed or vacated, unless excluded by subsection
22    (a)(3)(B). The provisions of this paragraph (1.5), other
23    than this sentence, are inoperative on and after January
24    1, 2022.
25        (2) Contents of petition. The petition shall be
26    verified and shall contain the petitioner's name, date of

 

 

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1    birth, current address and, for each arrest or charge not
2    initiated by arrest sought to be sealed or expunged, the
3    case number, the date of arrest (if any), the identity of
4    the arresting authority, and such other information as the
5    court may require. During the pendency of the proceeding,
6    the petitioner shall promptly notify the circuit court
7    clerk of any change of his or her address. If the
8    petitioner has received a certificate of eligibility for
9    sealing from the Prisoner Review Board under paragraph
10    (10) of subsection (a) of Section 3-3-2 of the Unified
11    Code of Corrections, the certificate shall be attached to
12    the petition.
13        (3) Drug test. The petitioner must attach to the
14    petition proof that the petitioner has passed a test taken
15    within 30 days before the filing of the petition showing
16    the absence within his or her body of all illegal
17    substances as defined by the Illinois Controlled
18    Substances Act, the Methamphetamine Control and Community
19    Protection Act, and the Cannabis Control Act if he or she
20    is petitioning to:
21            (A) seal felony records under clause (c)(2)(E);
22            (B) seal felony records for a violation of the
23        Illinois Controlled Substances Act, the
24        Methamphetamine Control and Community Protection Act,
25        or the Cannabis Control Act under clause (c)(2)(F);
26            (C) seal felony records under subsection (e-5); or

 

 

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1            (D) expunge felony records of a qualified
2        probation under clause (b)(1)(iv).
3        (4) Service of petition. The circuit court clerk shall
4    promptly serve a copy of the petition and documentation to
5    support the petition under subsection (e-5) or (e-6) on
6    the State's Attorney or prosecutor charged with the duty
7    of prosecuting the offense, the Illinois Department of
8    State Police, the arresting agency and the chief legal
9    officer of the unit of local government effecting the
10    arrest.
11        (5) Objections.
12            (A) Any party entitled to notice of the petition
13        may file an objection to the petition. All objections
14        shall be in writing, shall be filed with the circuit
15        court clerk, and shall state with specificity the
16        basis of the objection. Whenever a person who has been
17        convicted of an offense is granted a pardon by the
18        Governor which specifically authorizes expungement, an
19        objection to the petition may not be filed.
20            (B) Objections to a petition to expunge or seal
21        must be filed within 60 days of the date of service of
22        the petition.
23        (6) Entry of order.
24            (A) The Chief Judge of the circuit wherein the
25        charge was brought, any judge of that circuit
26        designated by the Chief Judge, or in counties of less

 

 

HB4527- 45 -LRB102 22626 RLC 31769 b

1        than 3,000,000 inhabitants, the presiding trial judge
2        at the petitioner's trial, if any, shall rule on the
3        petition to expunge or seal as set forth in this
4        subsection (d)(6).
5            (B) Unless the State's Attorney or prosecutor, the
6        Illinois Department of State Police, the arresting
7        agency, or the chief legal officer files an objection
8        to the petition to expunge or seal within 60 days from
9        the date of service of the petition, the court shall
10        enter an order granting or denying the petition.
11            (C) Notwithstanding any other provision of law,
12        the court shall not deny a petition for sealing under
13        this Section because the petitioner has not satisfied
14        an outstanding legal financial obligation established,
15        imposed, or originated by a court, law enforcement
16        agency, or a municipal, State, county, or other unit
17        of local government, including, but not limited to,
18        any cost, assessment, fine, or fee. An outstanding
19        legal financial obligation does not include any court
20        ordered restitution to a victim under Section 5-5-6 of
21        the Unified Code of Corrections, unless the
22        restitution has been converted to a civil judgment.
23        Nothing in this subparagraph (C) waives, rescinds, or
24        abrogates a legal financial obligation or otherwise
25        eliminates or affects the right of the holder of any
26        financial obligation to pursue collection under

 

 

HB4527- 46 -LRB102 22626 RLC 31769 b

1        applicable federal, State, or local law.
2        (7) Hearings. If an objection is filed, the court
3    shall set a date for a hearing and notify the petitioner
4    and all parties entitled to notice of the petition of the
5    hearing date at least 30 days prior to the hearing. Prior
6    to the hearing, the State's Attorney shall consult with
7    the Illinois State Police Department as to the
8    appropriateness of the relief sought in the petition to
9    expunge or seal. At the hearing, the court shall hear
10    evidence on whether the petition should or should not be
11    granted, and shall grant or deny the petition to expunge
12    or seal the records based on the evidence presented at the
13    hearing. The court may consider the following:
14            (A) the strength of the evidence supporting the
15        defendant's conviction;
16            (B) the reasons for retention of the conviction
17        records by the State;
18            (C) the petitioner's age, criminal record history,
19        and employment history;
20            (D) the period of time between the petitioner's
21        arrest on the charge resulting in the conviction and
22        the filing of the petition under this Section; and
23            (E) the specific adverse consequences the
24        petitioner may be subject to if the petition is
25        denied.
26        (8) Service of order. After entering an order to

 

 

HB4527- 47 -LRB102 22626 RLC 31769 b

1    expunge or seal records, the court must provide copies of
2    the order to the Illinois State Police Department, in a
3    form and manner prescribed by the Illinois State Police
4    Department, to the petitioner, to the State's Attorney or
5    prosecutor charged with the duty of prosecuting the
6    offense, to the arresting agency, to the chief legal
7    officer of the unit of local government effecting the
8    arrest, and to such other criminal justice agencies as may
9    be ordered by the court.
10        (9) Implementation of order.
11            (A) Upon entry of an order to expunge records
12        pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
13        both:
14                (i) the records shall be expunged (as defined
15            in subsection (a)(1)(E)) by the arresting agency,
16            the Illinois State Police Department, and any
17            other agency as ordered by the court, within 60
18            days of the date of service of the order, unless a
19            motion to vacate, modify, or reconsider the order
20            is filed pursuant to paragraph (12) of subsection
21            (d) of this Section;
22                (ii) the records of the circuit court clerk
23            shall be impounded until further order of the
24            court upon good cause shown and the name of the
25            petitioner obliterated on the official index
26            required to be kept by the circuit court clerk

 

 

HB4527- 48 -LRB102 22626 RLC 31769 b

1            under Section 16 of the Clerks of Courts Act, but
2            the order shall not affect any index issued by the
3            circuit court clerk before the entry of the order;
4            and
5                (iii) in response to an inquiry for expunged
6            records, the court, the Illinois State Police
7            Department, or the agency receiving such inquiry,
8            shall reply as it does in response to inquiries
9            when no records ever existed.
10            (B) Upon entry of an order to expunge records
11        pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
12        both:
13                (i) the records shall be expunged (as defined
14            in subsection (a)(1)(E)) by the arresting agency
15            and any other agency as ordered by the court,
16            within 60 days of the date of service of the order,
17            unless a motion to vacate, modify, or reconsider
18            the order is filed pursuant to paragraph (12) of
19            subsection (d) of this Section;
20                (ii) the records of the circuit court clerk
21            shall be impounded until further order of the
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

 

 

HB4527- 49 -LRB102 22626 RLC 31769 b

1            circuit court clerk before the entry of the order;
2                (iii) the records shall be impounded by the
3            Illinois State Police Department within 60 days of
4            the date of service of the order as ordered by the
5            court, unless a motion to vacate, modify, or
6            reconsider the order is filed pursuant to
7            paragraph (12) of subsection (d) of this Section;
8                (iv) records impounded by the Illinois State
9            Police Department may be disseminated by the
10            Illinois State Police Department only as required
11            by law or to the arresting authority, the State's
12            Attorney, and the court upon a later arrest for
13            the same or a similar offense or for the purpose of
14            sentencing for any subsequent felony, and to the
15            Department of Corrections upon conviction for any
16            offense; and
17                (v) in response to an inquiry for such records
18            from anyone not authorized by law to access such
19            records, the court, the Illinois State Police
20            Department, or the agency receiving such inquiry
21            shall reply as it does in response to inquiries
22            when no records ever existed.
23            (B-5) Upon entry of an order to expunge records
24        under subsection (e-6):
25                (i) the records shall be expunged (as defined
26            in subsection (a)(1)(E)) by the arresting agency

 

 

HB4527- 50 -LRB102 22626 RLC 31769 b

1            and any other agency as ordered by the court,
2            within 60 days of the date of service of the order,
3            unless a motion to vacate, modify, or reconsider
4            the order is filed under paragraph (12) of
5            subsection (d) of this Section;
6                (ii) the records of the circuit court clerk
7            shall be impounded until further order of the
8            court upon good cause shown and the name of the
9            petitioner obliterated on the official index
10            required to be kept by the circuit court clerk
11            under Section 16 of the Clerks of Courts Act, but
12            the order shall not affect any index issued by the
13            circuit court clerk before the entry of the order;
14                (iii) the records shall be impounded by the
15            Illinois State Police Department within 60 days of
16            the date of service of the order as ordered by the
17            court, unless a motion to vacate, modify, or
18            reconsider the order is filed under paragraph (12)
19            of subsection (d) of this Section;
20                (iv) records impounded by the Illinois State
21            Police Department may be disseminated by the
22            Illinois State Police Department only as required
23            by law or to the arresting authority, the State's
24            Attorney, and the court upon a later arrest for
25            the same or a similar offense or for the purpose of
26            sentencing for any subsequent felony, and to the

 

 

HB4527- 51 -LRB102 22626 RLC 31769 b

1            Department of Corrections upon conviction for any
2            offense; and
3                (v) in response to an inquiry for these
4            records from anyone not authorized by law to
5            access the records, the court, the Illinois State
6            Police Department, or the agency receiving the
7            inquiry shall reply as it does in response to
8            inquiries when no records ever existed.
9            (C) Upon entry of an order to seal records under
10        subsection (c), the arresting agency, any other agency
11        as ordered by the court, the Illinois State Police
12        Department, and the court shall seal the records (as
13        defined in subsection (a)(1)(K)). In response to an
14        inquiry for such records, from anyone not authorized
15        by law to access such records, the court, the Illinois
16        State Police Department, or the agency receiving such
17        inquiry shall reply as it does in response to
18        inquiries when no records ever existed.
19            (D) The Illinois State Police Department shall
20        send written notice to the petitioner of its
21        compliance with each order to expunge or seal records
22        within 60 days of the date of service of that order or,
23        if a motion to vacate, modify, or reconsider is filed,
24        within 60 days of service of the order resolving the
25        motion, if that order requires the Illinois State
26        Police Department to expunge or seal records. In the

 

 

HB4527- 52 -LRB102 22626 RLC 31769 b

1        event of an appeal from the circuit court order, the
2        Illinois State Police Department shall send written
3        notice to the petitioner of its compliance with an
4        Appellate Court or Supreme Court judgment to expunge
5        or seal records within 60 days of the issuance of the
6        court's mandate. The notice is not required while any
7        motion to vacate, modify, or reconsider, or any appeal
8        or petition for discretionary appellate review, is
9        pending.
10            (E) Upon motion, the court may order that a sealed
11        judgment or other court record necessary to
12        demonstrate the amount of any legal financial
13        obligation due and owing be made available for the
14        limited purpose of collecting any legal financial
15        obligations owed by the petitioner that were
16        established, imposed, or originated in the criminal
17        proceeding for which those records have been sealed.
18        The records made available under this subparagraph (E)
19        shall not be entered into the official index required
20        to be kept by the circuit court clerk under Section 16
21        of the Clerks of Courts Act and shall be immediately
22        re-impounded upon the collection of the outstanding
23        financial obligations.
24            (F) Notwithstanding any other provision of this
25        Section, a circuit court clerk may access a sealed
26        record for the limited purpose of collecting payment

 

 

HB4527- 53 -LRB102 22626 RLC 31769 b

1        for any legal financial obligations that were
2        established, imposed, or originated in the criminal
3        proceedings for which those records have been sealed.
4        (10) Fees. The Illinois State Police Department may
5    charge the petitioner a fee equivalent to the cost of
6    processing any order to expunge or seal records.
7    Notwithstanding any provision of the Clerks of Courts Act
8    to the contrary, the circuit court clerk may charge a fee
9    equivalent to the cost associated with the sealing or
10    expungement of records by the circuit court clerk. From
11    the total filing fee collected for the petition to seal or
12    expunge, the circuit court clerk shall deposit $10 into
13    the Circuit Court Clerk Operation and Administrative Fund,
14    to be used to offset the costs incurred by the circuit
15    court clerk in performing the additional duties required
16    to serve the petition to seal or expunge on all parties.
17    The circuit court clerk shall collect and remit the
18    Illinois Department of State Police portion of the fee to
19    the State Treasurer and it shall be deposited in the State
20    Police Services Fund. If the record brought under an
21    expungement petition was previously sealed under this
22    Section, the fee for the expungement petition for that
23    same record shall be waived.
24        (11) Final Order. No court order issued under the
25    expungement or sealing provisions of this Section shall
26    become final for purposes of appeal until 30 days after

 

 

HB4527- 54 -LRB102 22626 RLC 31769 b

1    service of the order on the petitioner and all parties
2    entitled to notice of the petition.
3        (12) Motion to Vacate, Modify, or Reconsider. Under
4    Section 2-1203 of the Code of Civil Procedure, the
5    petitioner or any party entitled to notice may file a
6    motion to vacate, modify, or reconsider the order granting
7    or denying the petition to expunge or seal within 30 60
8    days of service of the order. If filed more than 30 60 days
9    after service of the order, a petition to vacate, modify,
10    or reconsider shall comply with subsection (c) of Section
11    2-1401 of the Code of Civil Procedure. Upon filing of a
12    motion to vacate, modify, or reconsider, notice of the
13    motion shall be served upon the petitioner and all parties
14    entitled to notice of the petition.
15        (13) Effect of Order. An order granting a petition
16    under the expungement or sealing provisions of this
17    Section shall not be considered void because it fails to
18    comply with the provisions of this Section or because of
19    any error asserted in a motion to vacate, modify, or
20    reconsider. The circuit court retains jurisdiction to
21    determine whether the order is voidable and to vacate,
22    modify, or reconsider its terms based on a motion filed
23    under paragraph (12) of this subsection (d).
24        (14) Compliance with Order Granting Petition to Seal
25    Records. Unless a court has entered a stay of an order
26    granting a petition to seal, all parties entitled to

 

 

HB4527- 55 -LRB102 22626 RLC 31769 b

1    notice of the petition must fully comply with the terms of
2    the order within 60 days of service of the order even if a
3    party is seeking relief from the order through a motion
4    filed under paragraph (12) of this subsection (d) or is
5    appealing the order.
6        (15) Compliance with Order Granting Petition to
7    Expunge Records. While a party is seeking relief from the
8    order granting the petition to expunge through a motion
9    filed under paragraph (12) of this subsection (d) or is
10    appealing the order, and unless a court has entered a stay
11    of that order, the parties entitled to notice of the
12    petition must seal, but need not expunge, the records
13    until there is a final order on the motion for relief or,
14    in the case of an appeal, the issuance of that court's
15    mandate.
16        (16) The changes to this subsection (d) made by Public
17    Act 98-163 apply to all petitions pending on August 5,
18    2013 (the effective date of Public Act 98-163) and to all
19    orders ruling on a petition to expunge or seal on or after
20    August 5, 2013 (the effective date of Public Act 98-163).
21    (e) Whenever a person who has been convicted of an offense
22is granted a pardon by the Governor which specifically
23authorizes expungement, he or she may, upon verified petition
24to the Chief Judge of the circuit where the person had been
25convicted, any judge of the circuit designated by the Chief
26Judge, or in counties of less than 3,000,000 inhabitants, the

 

 

HB4527- 56 -LRB102 22626 RLC 31769 b

1presiding trial judge at the defendant's trial, have a court
2order entered expunging the record of arrest from the official
3records of the arresting authority and order that the records
4of the circuit court clerk and the Illinois State Police
5Department be sealed until further order of the court upon
6good cause shown or as otherwise provided herein, and the name
7of the defendant obliterated from the official index requested
8to be kept by the circuit court clerk under Section 16 of the
9Clerks of Courts Act in connection with the arrest and
10conviction for the offense for which he or she had been
11pardoned but the order shall not affect any index issued by the
12circuit court clerk before the entry of the order. All records
13sealed by the Illinois State Police Department may be
14disseminated by the Illinois State Police Department only to
15the arresting authority, the State's Attorney, and the court
16upon a later arrest for the same or similar offense or for the
17purpose of sentencing for any subsequent felony. Upon
18conviction for any subsequent offense, the Department of
19Corrections shall have access to all sealed records of the
20Illinois State Police Department pertaining to that
21individual. Upon entry of the order of expungement, the
22circuit court clerk shall promptly mail a copy of the order to
23the person who was pardoned.
24    (e-5) Whenever a person who has been convicted of an
25offense is granted a certificate of eligibility for sealing by
26the Prisoner Review Board which specifically authorizes

 

 

HB4527- 57 -LRB102 22626 RLC 31769 b

1sealing, he or she may, upon verified petition to the Chief
2Judge of the circuit where the person had been convicted, any
3judge of the circuit designated by the Chief Judge, or in
4counties of less than 3,000,000 inhabitants, the presiding
5trial judge at the petitioner's trial, have a court order
6entered sealing the record of arrest from the official records
7of the arresting authority and order that the records of the
8circuit court clerk and the Illinois State Police Department
9be sealed until further order of the court upon good cause
10shown or as otherwise provided herein, and the name of the
11petitioner obliterated from the official index requested to be
12kept by the circuit court clerk under Section 16 of the Clerks
13of Courts Act in connection with the arrest and conviction for
14the offense for which he or she had been granted the
15certificate but the order shall not affect any index issued by
16the circuit court clerk before the entry of the order. All
17records sealed by the Illinois State Police Department may be
18disseminated by the Illinois State Police Department only as
19required by this Act or to the arresting authority, a law
20enforcement agency, the State's Attorney, and the court upon a
21later arrest for the same or similar offense or for the purpose
22of sentencing for any subsequent felony. Upon conviction for
23any subsequent offense, the Department of Corrections shall
24have access to all sealed records of the Illinois State Police
25Department pertaining to that individual. Upon entry of the
26order of sealing, the circuit court clerk shall promptly mail

 

 

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1a copy of the order to the person who was granted the
2certificate of eligibility for sealing.
3    (e-6) Whenever a person who has been convicted of an
4offense is granted a certificate of eligibility for
5expungement by the Prisoner Review Board which specifically
6authorizes expungement, he or she may, upon verified petition
7to the Chief Judge of the circuit where the person had been
8convicted, any judge of the circuit designated by the Chief
9Judge, or in counties of less than 3,000,000 inhabitants, the
10presiding trial judge at the petitioner's trial, have a court
11order entered expunging the record of arrest from the official
12records of the arresting authority and order that the records
13of the circuit court clerk and the Illinois State Police
14Department be sealed until further order of the court upon
15good cause shown or as otherwise provided herein, and the name
16of the petitioner obliterated from the official index
17requested to be kept by the circuit court clerk under Section
1816 of the Clerks of Courts Act in connection with the arrest
19and conviction for the offense for which he or she had been
20granted the certificate but the order shall not affect any
21index issued by the circuit court clerk before the entry of the
22order. All records sealed by the Illinois State Police
23Department may be disseminated by the Illinois State Police
24Department only as required by this Act or to the arresting
25authority, a law enforcement agency, the State's Attorney, and
26the court upon a later arrest for the same or similar offense

 

 

HB4527- 59 -LRB102 22626 RLC 31769 b

1or for the purpose of sentencing for any subsequent felony.
2Upon conviction for any subsequent offense, the Department of
3Corrections shall have access to all expunged records of the
4Illinois State Police Department pertaining to that
5individual. Upon entry of the order of expungement, the
6circuit court clerk shall promptly mail a copy of the order to
7the person who was granted the certificate of eligibility for
8expungement.
9    (f) Subject to available funding, the Illinois Department
10of Corrections shall conduct a study of the impact of sealing,
11especially on employment and recidivism rates, utilizing a
12random sample of those who apply for the sealing of their
13criminal records under Public Act 93-211. At the request of
14the Illinois Department of Corrections, records of the
15Illinois Department of Employment Security shall be utilized
16as appropriate to assist in the study. The study shall not
17disclose any data in a manner that would allow the
18identification of any particular individual or employing unit.
19The study shall be made available to the General Assembly no
20later than September 1, 2010.
21    (g) Immediate Sealing.
22        (1) Applicability. Notwithstanding any other provision
23    of this Act to the contrary, and cumulative with any
24    rights to expungement or sealing of criminal records, this
25    subsection authorizes the immediate sealing of criminal
26    records of adults and of minors prosecuted as adults.

 

 

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1        (2) Eligible Records. Arrests or charges not initiated
2    by arrest resulting in acquittal or dismissal with
3    prejudice, except as excluded by subsection (a)(3)(B),
4    that occur on or after January 1, 2018 (the effective date
5    of Public Act 100-282), may be sealed immediately if the
6    petition is filed with the circuit court clerk on the same
7    day and during the same hearing in which the case is
8    disposed.
9        (3) When Records are Eligible to be Immediately
10    Sealed. Eligible records under paragraph (2) of this
11    subsection (g) may be sealed immediately after entry of
12    the final disposition of a case, notwithstanding the
13    disposition of other charges in the same case.
14        (4) Notice of Eligibility for Immediate Sealing. Upon
15    entry of a disposition for an eligible record under this
16    subsection (g), the defendant shall be informed by the
17    court of his or her right to have eligible records
18    immediately sealed and the procedure for the immediate
19    sealing of these records.
20        (5) Procedure. The following procedures apply to
21    immediate sealing under this subsection (g).
22            (A) Filing the Petition. Upon entry of the final
23        disposition of the case, the defendant's attorney may
24        immediately petition the court, on behalf of the
25        defendant, for immediate sealing of eligible records
26        under paragraph (2) of this subsection (g) that are

 

 

HB4527- 61 -LRB102 22626 RLC 31769 b

1        entered on or after January 1, 2018 (the effective
2        date of Public Act 100-282). The immediate sealing
3        petition may be filed with the circuit court clerk
4        during the hearing in which the final disposition of
5        the case is entered. If the defendant's attorney does
6        not file the petition for immediate sealing during the
7        hearing, the defendant may file a petition for sealing
8        at any time as authorized under subsection (c)(3)(A).
9            (B) Contents of Petition. The immediate sealing
10        petition shall be verified and shall contain the
11        petitioner's name, date of birth, current address, and
12        for each eligible record, the case number, the date of
13        arrest if applicable, the identity of the arresting
14        authority if applicable, and other information as the
15        court may require.
16            (C) Drug Test. The petitioner shall not be
17        required to attach proof that he or she has passed a
18        drug test.
19            (D) Service of Petition. A copy of the petition
20        shall be served on the State's Attorney in open court.
21        The petitioner shall not be required to serve a copy of
22        the petition on any other agency.
23            (E) Entry of Order. The presiding trial judge
24        shall enter an order granting or denying the petition
25        for immediate sealing during the hearing in which it
26        is filed. Petitions for immediate sealing shall be

 

 

HB4527- 62 -LRB102 22626 RLC 31769 b

1        ruled on in the same hearing in which the final
2        disposition of the case is entered.
3            (F) Hearings. The court shall hear the petition
4        for immediate sealing on the same day and during the
5        same hearing in which the disposition is rendered.
6            (G) Service of Order. An order to immediately seal
7        eligible records shall be served in conformance with
8        subsection (d)(8).
9            (H) Implementation of Order. An order to
10        immediately seal records shall be implemented in
11        conformance with subsections (d)(9)(C) and (d)(9)(D).
12            (I) Fees. The fee imposed by the circuit court
13        clerk and the Illinois Department of State Police
14        shall comply with paragraph (1) of subsection (d) of
15        this Section.
16            (J) Final Order. No court order issued under this
17        subsection (g) shall become final for purposes of
18        appeal until 30 days after service of the order on the
19        petitioner and all parties entitled to service of the
20        order in conformance with subsection (d)(8).
21            (K) Motion to Vacate, Modify, or Reconsider. Under
22        Section 2-1203 of the Code of Civil Procedure, the
23        petitioner, State's Attorney, or the Illinois
24        Department of State Police may file a motion to
25        vacate, modify, or reconsider the order denying the
26        petition to immediately seal within 30 60 days of

 

 

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1        service of the order. If filed more than 30 60 days
2        after service of the order, a petition to vacate,
3        modify, or reconsider shall comply with subsection (c)
4        of Section 2-1401 of the Code of Civil Procedure.
5            (L) Effect of Order. An order granting an
6        immediate sealing petition shall not be considered
7        void because it fails to comply with the provisions of
8        this Section or because of an error asserted in a
9        motion to vacate, modify, or reconsider. The circuit
10        court retains jurisdiction to determine whether the
11        order is voidable, and to vacate, modify, or
12        reconsider its terms based on a motion filed under
13        subparagraph (L) of this subsection (g).
14            (M) Compliance with Order Granting Petition to
15        Seal Records. Unless a court has entered a stay of an
16        order granting a petition to immediately seal, all
17        parties entitled to service of the order must fully
18        comply with the terms of the order within 60 days of
19        service of the order.
20    (h) Sealing; trafficking victims.
21        (1) A trafficking victim as defined by paragraph (10)
22    of subsection (a) of Section 10-9 of the Criminal Code of
23    2012 shall be eligible to petition for immediate sealing
24    of his or her criminal record upon the completion of his or
25    her last sentence if his or her participation in the
26    underlying offense was a direct result of human

 

 

HB4527- 64 -LRB102 22626 RLC 31769 b

1    trafficking under Section 10-9 of the Criminal Code of
2    2012 or a severe form of trafficking under the federal
3    Trafficking Victims Protection Act.
4        (2) A petitioner under this subsection (h), in
5    addition to the requirements provided under paragraph (4)
6    of subsection (d) of this Section, shall include in his or
7    her petition a clear and concise statement that: (A) he or
8    she was a victim of human trafficking at the time of the
9    offense; and (B) that his or her participation in the
10    offense was a direct result of human trafficking under
11    Section 10-9 of the Criminal Code of 2012 or a severe form
12    of trafficking under the federal Trafficking Victims
13    Protection Act.
14        (3) If an objection is filed alleging that the
15    petitioner is not entitled to immediate sealing under this
16    subsection (h), the court shall conduct a hearing under
17    paragraph (7) of subsection (d) of this Section and the
18    court shall determine whether the petitioner is entitled
19    to immediate sealing under this subsection (h). A
20    petitioner is eligible for immediate relief under this
21    subsection (h) if he or she shows, by a preponderance of
22    the evidence, that: (A) he or she was a victim of human
23    trafficking at the time of the offense; and (B) that his or
24    her participation in the offense was a direct result of
25    human trafficking under Section 10-9 of the Criminal Code
26    of 2012 or a severe form of trafficking under the federal

 

 

HB4527- 65 -LRB102 22626 RLC 31769 b

1    Trafficking Victims Protection Act.
2    (i) Minor Cannabis Offenses under the Cannabis Control
3Act.
4        (1) Expungement of Arrest Records of Minor Cannabis
5    Offenses.
6            (A) The Illinois Department of State Police and
7        all law enforcement agencies within the State shall
8        automatically expunge all criminal history records of
9        an arrest, charge not initiated by arrest, order of
10        supervision, or order of qualified probation for a
11        Minor Cannabis Offense committed prior to June 25,
12        2019 (the effective date of Public Act 101-27) if:
13                (i) One year or more has elapsed since the
14            date of the arrest or law enforcement interaction
15            documented in the records; and
16                (ii) No criminal charges were filed relating
17            to the arrest or law enforcement interaction or
18            criminal charges were filed and subsequently
19            dismissed or vacated or the arrestee was
20            acquitted.
21            (B) If the law enforcement agency is unable to
22        verify satisfaction of condition (ii) in paragraph
23        (A), records that satisfy condition (i) in paragraph
24        (A) shall be automatically expunged.
25            (C) Records shall be expunged by the law
26        enforcement agency under the following timelines:

 

 

HB4527- 66 -LRB102 22626 RLC 31769 b

1                (i) Records created prior to June 25, 2019
2            (the effective date of Public Act 101-27), but on
3            or after January 1, 2013, shall be automatically
4            expunged prior to January 1, 2021;
5                (ii) Records created prior to January 1, 2013,
6            but on or after January 1, 2000, shall be
7            automatically expunged prior to January 1, 2023;
8                (iii) Records created prior to January 1, 2000
9            shall be automatically expunged prior to January
10            1, 2025.
11            In response to an inquiry for expunged records,
12        the law enforcement agency receiving such inquiry
13        shall reply as it does in response to inquiries when no
14        records ever existed; however, it shall provide a
15        certificate of disposition or confirmation that the
16        record was expunged to the individual whose record was
17        expunged if such a record exists.
18            (D) Nothing in this Section shall be construed to
19        restrict or modify an individual's right to have that
20        individual's records expunged except as otherwise may
21        be provided in this Act, or diminish or abrogate any
22        rights or remedies otherwise available to the
23        individual.
24        (2) Pardons Authorizing Expungement of Minor Cannabis
25    Offenses.
26            (A) Upon June 25, 2019 (the effective date of

 

 

HB4527- 67 -LRB102 22626 RLC 31769 b

1        Public Act 101-27), the Department of State Police
2        shall review all criminal history record information
3        and identify all records that meet all of the
4        following criteria:
5                (i) one or more convictions for a Minor
6            Cannabis Offense;
7                (ii) the conviction identified in paragraph
8            (2)(A)(i) did not include a penalty enhancement
9            under Section 7 of the Cannabis Control Act; and
10                (iii) the conviction identified in paragraph
11            (2)(A)(i) is not associated with a conviction for
12            a violent crime as defined in subsection (c) of
13            Section 3 of the Rights of Crime Victims and
14            Witnesses Act.
15            (B) Within 180 days after June 25, 2019 (the
16        effective date of Public Act 101-27), the Department
17        of State Police shall notify the Prisoner Review Board
18        of all such records that meet the criteria established
19        in paragraph (2)(A).
20                (i) The Prisoner Review Board shall notify the
21            State's Attorney of the county of conviction of
22            each record identified by State Police in
23            paragraph (2)(A) that is classified as a Class 4
24            felony. The State's Attorney may provide a written
25            objection to the Prisoner Review Board on the sole
26            basis that the record identified does not meet the

 

 

HB4527- 68 -LRB102 22626 RLC 31769 b

1            criteria established in paragraph (2)(A). Such an
2            objection must be filed within 60 days or by such
3            later date set by the Prisoner Review Board in the
4            notice after the State's Attorney received notice
5            from the Prisoner Review Board.
6                (ii) In response to a written objection from a
7            State's Attorney, the Prisoner Review Board is
8            authorized to conduct a non-public hearing to
9            evaluate the information provided in the
10            objection.
11                (iii) The Prisoner Review Board shall make a
12            confidential and privileged recommendation to the
13            Governor as to whether to grant a pardon
14            authorizing expungement for each of the records
15            identified by the Department of State Police as
16            described in paragraph (2)(A).
17            (C) If an individual has been granted a pardon
18        authorizing expungement as described in this Section,
19        the Prisoner Review Board, through the Attorney
20        General, shall file a petition for expungement with
21        the Chief Judge of the circuit or any judge of the
22        circuit designated by the Chief Judge where the
23        individual had been convicted. Such petition may
24        include more than one individual. Whenever an
25        individual who has been convicted of an offense is
26        granted a pardon by the Governor that specifically

 

 

HB4527- 69 -LRB102 22626 RLC 31769 b

1        authorizes expungement, an objection to the petition
2        may not be filed. Petitions to expunge under this
3        subsection (i) may include more than one individual.
4        Within 90 days of the filing of such a petition, the
5        court shall enter an order expunging the records of
6        arrest from the official records of the arresting
7        authority and order that the records of the circuit
8        court clerk and the Illinois Department of State
9        Police be expunged and the name of the defendant
10        obliterated from the official index requested to be
11        kept by the circuit court clerk under Section 16 of the
12        Clerks of Courts Act in connection with the arrest and
13        conviction for the offense for which the individual
14        had received a pardon but the order shall not affect
15        any index issued by the circuit court clerk before the
16        entry of the order. Upon entry of the order of
17        expungement, the circuit court clerk shall promptly
18        provide a copy of the order and a certificate of
19        disposition to the individual who was pardoned to the
20        individual's last known address or by electronic means
21        (if available) or otherwise make it available to the
22        individual upon request.
23            (D) Nothing in this Section is intended to
24        diminish or abrogate any rights or remedies otherwise
25        available to the individual.
26        (3) Any individual may file a motion to vacate and

 

 

HB4527- 70 -LRB102 22626 RLC 31769 b

1    expunge a conviction for a misdemeanor or Class 4 felony
2    violation of Section 4 or Section 5 of the Cannabis
3    Control Act. Motions to vacate and expunge under this
4    subsection (i) may be filed with the circuit court, Chief
5    Judge of a judicial circuit or any judge of the circuit
6    designated by the Chief Judge. The circuit court clerk
7    shall promptly serve a copy of the motion to vacate and
8    expunge, and any supporting documentation, on the State's
9    Attorney or prosecutor charged with the duty of
10    prosecuting the offense. When considering such a motion to
11    vacate and expunge, a court shall consider the following:
12    the reasons to retain the records provided by law
13    enforcement, the petitioner's age, the petitioner's age at
14    the time of offense, the time since the conviction, and
15    the specific adverse consequences if denied. An individual
16    may file such a petition after the completion of any
17    non-financial sentence or non-financial condition imposed
18    by the conviction. Within 60 days of the filing of such
19    motion, a State's Attorney may file an objection to such a
20    petition along with supporting evidence. If a motion to
21    vacate and expunge is granted, the records shall be
22    expunged in accordance with subparagraphs (d)(8) and
23    (d)(9)(A) of this Section. An agency providing civil legal
24    aid, as defined by Section 15 of the Public Interest
25    Attorney Assistance Act, assisting individuals seeking to
26    file a motion to vacate and expunge under this subsection

 

 

HB4527- 71 -LRB102 22626 RLC 31769 b

1    may file motions to vacate and expunge with the Chief
2    Judge of a judicial circuit or any judge of the circuit
3    designated by the Chief Judge, and the motion may include
4    more than one individual. Motions filed by an agency
5    providing civil legal aid concerning more than one
6    individual may be prepared, presented, and signed
7    electronically.
8        (4) Any State's Attorney may file a motion to vacate
9    and expunge a conviction for a misdemeanor or Class 4
10    felony violation of Section 4 or Section 5 of the Cannabis
11    Control Act. Motions to vacate and expunge under this
12    subsection (i) may be filed with the circuit court, Chief
13    Judge of a judicial circuit or any judge of the circuit
14    designated by the Chief Judge, and may include more than
15    one individual. Motions filed by a State's Attorney
16    concerning more than one individual may be prepared,
17    presented, and signed electronically. When considering
18    such a motion to vacate and expunge, a court shall
19    consider the following: the reasons to retain the records
20    provided by law enforcement, the individual's age, the
21    individual's age at the time of offense, the time since
22    the conviction, and the specific adverse consequences if
23    denied. Upon entry of an order granting a motion to vacate
24    and expunge records pursuant to this Section, the State's
25    Attorney shall notify the Prisoner Review Board within 30
26    days. Upon entry of the order of expungement, the circuit

 

 

HB4527- 72 -LRB102 22626 RLC 31769 b

1    court clerk shall promptly provide a copy of the order and
2    a certificate of disposition to the individual whose
3    records will be expunged to the individual's last known
4    address or by electronic means (if available) or otherwise
5    make available to the individual upon request. If a motion
6    to vacate and expunge is granted, the records shall be
7    expunged in accordance with subparagraphs (d)(8) and
8    (d)(9)(A) of this Section.
9        (5) In the public interest, the State's Attorney of a
10    county has standing to file motions to vacate and expunge
11    pursuant to this Section in the circuit court with
12    jurisdiction over the underlying conviction.
13        (6) If a person is arrested for a Minor Cannabis
14    Offense as defined in this Section before June 25, 2019
15    (the effective date of Public Act 101-27) and the person's
16    case is still pending but a sentence has not been imposed,
17    the person may petition the court in which the charges are
18    pending for an order to summarily dismiss those charges
19    against him or her, and expunge all official records of
20    his or her arrest, plea, trial, conviction, incarceration,
21    supervision, or expungement. If the court determines, upon
22    review, that: (A) the person was arrested before June 25,
23    2019 (the effective date of Public Act 101-27) for an
24    offense that has been made eligible for expungement; (B)
25    the case is pending at the time; and (C) the person has not
26    been sentenced of the minor cannabis violation eligible

 

 

HB4527- 73 -LRB102 22626 RLC 31769 b

1    for expungement under this subsection, the court shall
2    consider the following: the reasons to retain the records
3    provided by law enforcement, the petitioner's age, the
4    petitioner's age at the time of offense, the time since
5    the conviction, and the specific adverse consequences if
6    denied. If a motion to dismiss and expunge is granted, the
7    records shall be expunged in accordance with subparagraph
8    (d)(9)(A) of this Section.
9        (7) A person imprisoned solely as a result of one or
10    more convictions for Minor Cannabis Offenses under this
11    subsection (i) shall be released from incarceration upon
12    the issuance of an order under this subsection.
13        (8) The Illinois Department of State Police shall
14    allow a person to use the access and review process,
15    established in the Illinois Department of State Police,
16    for verifying that his or her records relating to Minor
17    Cannabis Offenses of the Cannabis Control Act eligible
18    under this Section have been expunged.
19        (9) No conviction vacated pursuant to this Section
20    shall serve as the basis for damages for time unjustly
21    served as provided in the Court of Claims Act.
22        (10) Effect of Expungement. A person's right to
23    expunge an expungeable offense shall not be limited under
24    this Section. The effect of an order of expungement shall
25    be to restore the person to the status he or she occupied
26    before the arrest, charge, or conviction.

 

 

HB4527- 74 -LRB102 22626 RLC 31769 b

1        (11) Information. The Illinois Department of State
2    Police shall post general information on its website about
3    the expungement process described in this subsection (i).
4    (j) Felony Prostitution Convictions.
5        (1) Any individual may file a motion to vacate and
6    expunge a conviction for a prior Class 4 felony violation
7    of prostitution. Motions to vacate and expunge under this
8    subsection (j) may be filed with the circuit court, Chief
9    Judge of a judicial circuit, or any judge of the circuit
10    designated by the Chief Judge. When considering the motion
11    to vacate and expunge, a court shall consider the
12    following:
13            (A) the reasons to retain the records provided by
14        law enforcement;
15            (B) the petitioner's age;
16            (C) the petitioner's age at the time of offense;
17        and
18            (D) the time since the conviction, and the
19        specific adverse consequences if denied. An individual
20        may file the petition after the completion of any
21        sentence or condition imposed by the conviction.
22        Within 60 days of the filing of the motion, a State's
23        Attorney may file an objection to the petition along
24        with supporting evidence. If a motion to vacate and
25        expunge is granted, the records shall be expunged in
26        accordance with subparagraph (d)(9)(A) of this

 

 

HB4527- 75 -LRB102 22626 RLC 31769 b

1        Section. An agency providing civil legal aid, as
2        defined in Section 15 of the Public Interest Attorney
3        Assistance Act, assisting individuals seeking to file
4        a motion to vacate and expunge under this subsection
5        may file motions to vacate and expunge with the Chief
6        Judge of a judicial circuit or any judge of the circuit
7        designated by the Chief Judge, and the motion may
8        include more than one individual.
9        (2) Any State's Attorney may file a motion to vacate
10    and expunge a conviction for a Class 4 felony violation of
11    prostitution. Motions to vacate and expunge under this
12    subsection (j) may be filed with the circuit court, Chief
13    Judge of a judicial circuit, or any judge of the circuit
14    court designated by the Chief Judge, and may include more
15    than one individual. When considering the motion to vacate
16    and expunge, a court shall consider the following reasons:
17            (A) the reasons to retain the records provided by
18        law enforcement;
19            (B) the petitioner's age;
20            (C) the petitioner's age at the time of offense;
21            (D) the time since the conviction; and
22            (E) the specific adverse consequences if denied.
23        If the State's Attorney files a motion to vacate and
24    expunge records for felony prostitution convictions
25    pursuant to this Section, the State's Attorney shall
26    notify the Prisoner Review Board within 30 days of the

 

 

HB4527- 76 -LRB102 22626 RLC 31769 b

1    filing. If a motion to vacate and expunge is granted, the
2    records shall be expunged in accordance with subparagraph
3    (d)(9)(A) of this Section.
4        (3) In the public interest, the State's Attorney of a
5    county has standing to file motions to vacate and expunge
6    pursuant to this Section in the circuit court with
7    jurisdiction over the underlying conviction.
8        (4) The Illinois State Police shall allow a person to
9    a use the access and review process, established in the
10    Illinois State Police, for verifying that his or her
11    records relating to felony prostitution eligible under
12    this Section have been expunged.
13        (5) No conviction vacated pursuant to this Section
14    shall serve as the basis for damages for time unjustly
15    served as provided in the Court of Claims Act.
16        (6) Effect of Expungement. A person's right to expunge
17    an expungeable offense shall not be limited under this
18    Section. The effect of an order of expungement shall be to
19    restore the person to the status he or she occupied before
20    the arrest, charge, or conviction.
21        (7) Information. The Illinois State Police shall post
22    general information on its website about the expungement
23    process described in this subsection (j).
24(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
25101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
2612-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;

 

 

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1102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)
 
2    Section 910. The Unified Code of Corrections is amended by
3changing Sections 5-9-1 and 5-9-2 as follows:
 
4    (730 ILCS 5/5-9-1)  (from Ch. 38, par. 1005-9-1)
5    Sec. 5-9-1. Authorized fines.
6    (a) An offender may be sentenced to pay a fine as provided
7in Article 4.5 of Chapter V.
8    (b) (Blank).
9    (c) (Blank).
10    (c-5) (Blank).
11    (c-7) (Blank).
12    (c-9) (Blank).
13    (d) In determining the amount and method of payment of a
14fine or restitution, except for those fines established for
15violations of Chapter 15 of the Illinois Vehicle Code, the
16court shall consider:
17        (1) the financial resources and current and future
18    ability of the offender to reasonably pay the fine or
19    restitution; and
20        (2) whether the fine will prevent the offender from
21    making court ordered restitution or reparation to the
22    victim of the offense; and
23        (2.1) the impact that payment of the fine or
24    restitution will have on the offender's current and future

 

 

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1    ability to:
2            (A) obtain or maintain decent and stable housing
3        for the offender, the offender's family, and all
4        others who are dependent upon the offender for stable
5        housing;
6            (B) obtain stable and financially meaningful
7        employment; and
8            (C) obtain any education or training that is or
9        may become reasonably necessary for the offender to
10        support the offender, the offender's family, or others
11        who are financially dependent upon the offender or
12        otherwise dependent upon the offender's care; and
13        (2.2) the impact of the fine or restitution on the
14    offender's family or others who are financially dependent
15    upon the offender or otherwise dependent upon the
16    offender's care; and
17        (2.3) the likelihood that the fine or restitution may
18    cause the offender to recidivate; and
19        (3) in a case where the accused is a dissolved
20    corporation and the court has appointed counsel to
21    represent the corporation, the costs incurred either by
22    the county or the State for such representation.
23    (e) The court may order the fine to be paid forthwith or
24within a specified period of time or in installments.
25Notwithstanding any other provision of law:
26        (1) the amount to be collected from an offender for

 

 

HB4527- 79 -LRB102 22626 RLC 31769 b

1    payment of a fine or restitution shall never exceed the
2    amount that could be collected from that offender pursuant
3    to a deduction order entered under Part 8 of Article XII of
4    the Code of Civil Procedure; and
5        (2) no payment of the whole or any part or any fine or
6    restitution or any installment thereof shall be due,
7    otherwise required, or collected while the individual who
8    is liable for that payment is incarcerated.
9    (f) (Blank).
10(Source: P.A. 99-352, eff. 1-1-16; 100-987, eff. 7-1-19.)
 
11    (730 ILCS 5/5-9-2)  (from Ch. 38, par. 1005-9-2)
12    Sec. 5-9-2. Revocation of a fine or restitution Fine.
13Except as to fines established for violations of Chapter 15 of
14the Illinois Vehicle Code, the court, upon good cause shown,
15may revoke all or any portion of any fine or restitution
16imposed upon an individual, or the unpaid portion of any such
17fine or restitution, or may modify the method of payment. Any
18individual who is liable for the payment of a fine or
19restitution may petition the court that imposed the fine or
20restitution for relief under this Section at any time. The
21second and all succeeding petitions for such relief by such an
22individual shall include evidence of a material change in the
23individual's circumstances. The court's determination to grant
24relief under this Section shall be based upon the impact of any
25fine or restitution on:

 

 

HB4527- 80 -LRB102 22626 RLC 31769 b

1        (1) the petitioner's current and anticipated future
2    ability to:
3            (A) reasonably pay such fine or restitution;
4            (B) obtain or maintain stable housing for the
5        petitioner, the petitioner's family, and all others
6        who are dependent upon the petitioner for stable
7        housing;
8            (C) obtain stable and financially meaningful
9        employment; and
10            (D) obtain any education or training that is or
11        may become reasonably necessary for the petitioner to
12        support the petitioner, the petitioner's family, or
13        others who are financially dependent upon the
14        petitioner or otherwise dependent upon the
15        petitioner's care;
16        (2) the impact of the fine or restitution on the
17    petitioner's family or others who are financially
18    dependent upon the petitioner or otherwise dependent upon
19    the petitioner's care; and
20        (3) the likelihood that the fine or restitution may
21    cause the petitioner to recidivate.
22    The provisions of this Section shall be liberally
23construed in favor of granting the relief authorized by this
24Section. This Section shall not be construed to authorize a
25court to increase the amount due from an individual upon whom a
26fine or restitution has been imposed or the amount of any

 

 

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1installments or other payments of such fine or restitution the
2fine or the unpaid portion or may modify the method of payment.
3(Source: P.A. 87-396.)
 
4    (730 ILCS 5/5-9-3 rep.)
5    Section 915. The Unified Code of Corrections is amended by
6repealing Section 5-9-3.
 
7    Section 997. Severability. The provisions of this Act are
8severable under Section 1.31 of the Statute on Statutes.
 
9    Section 999. Effective date. This Section and Sections 905
10through 997 take effect upon becoming law. Sections 1 through
1145 take effect upon becoming law, but Sections 1 through 45 do
12not take effect at all unless "An Act creating the Department
13of Returning Resident Affairs" of the 102nd General Assembly
14becomes law.