[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] |
90_HB3173ham001
LRB9010418RCksam
1 AMENDMENT TO HOUSE BILL 3173
2 AMENDMENT NO. . Amend House Bill 3173 by replacing
3 the title with the following:
4 "AN ACT in relation to the purchase, sale, use, and
5 possession of tobacco by minors."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Identification Act is amended
9 by changing Section 5 as follows:
10 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
11 Sec. 5. Arrest reports; expungement.
12 (a) All policing bodies of this State shall furnish to
13 the Department, daily, in the form and detail the Department
14 requires, fingerprints and descriptions of all persons who
15 are arrested on charges of violating any penal statute of
16 this State for offenses that are classified as felonies and
17 Class A or B misdemeanors and of all minors who have been
18 arrested or taken into custody before their 17th birthday for
19 an offense that if committed by an adult would constitute the
20 offense of unlawful use of weapons under Article 24 of the
21 Criminal Code of 1961, a forcible felony as defined in
-2- LRB9010418RCksam
1 Section 2-8 of the Criminal Code of 1961, or a Class 2 or
2 greater felony under the Cannabis Control Act, the Illinois
3 Controlled Substances Act, or Chapter 4 of the Illinois
4 Vehicle Code. Moving or nonmoving traffic violations under
5 the Illinois Vehicle Code shall not be reported except for
6 violations of Chapter 4, Section 11-204.1, or Section 11-501
7 of that Code. In addition, conservation offenses, as defined
8 in the Supreme Court Rule 501(c), that are classified as
9 Class B misdemeanors shall not be reported. Violations by
10 persons under 18 years of age of the Prevention of Tobacco
11 Use by Minors Act shall not be reported.
12 Whenever an adult or minor prosecuted as an adult, not
13 having previously been convicted of any criminal offense or
14 municipal ordinance violation, charged with a violation of a
15 municipal ordinance or a felony or misdemeanor, is acquitted
16 or released without being convicted, whether the acquittal or
17 release occurred before, on, or after the effective date of
18 this amendatory Act of 1991, the Chief Judge of the circuit
19 wherein the charge was brought, any judge of that circuit
20 designated by the Chief Judge, or in counties of less than
21 3,000,000 inhabitants, the presiding trial judge at the
22 defendant's trial may upon verified petition of the defendant
23 order the record of arrest expunged from the official records
24 of the arresting authority and the Department and order that
25 the records of the clerk of the circuit court be sealed until
26 further order of the court upon good cause shown and the name
27 of the defendant obliterated on the official index required
28 to be kept by the circuit court clerk under Section 16 of the
29 Clerks of Courts Act, but the order shall not affect any
30 index issued by the circuit court clerk before the entry of
31 the order. The Department may charge the petitioner a fee
32 equivalent to the cost of processing any order to expunge or
33 seal the records, and the fee shall be deposited into the
34 State Police Services Fund. The records of those arrests,
-3- LRB9010418RCksam
1 however, that result in a disposition of supervision for any
2 offense shall not be expunged from the records of the
3 arresting authority or the Department nor impounded by the
4 court until 2 years after discharge and dismissal of
5 supervision. Those records that result from a supervision
6 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
7 11-503 of the Illinois Vehicle Code or a similar provision of
8 a local ordinance, or for a violation of Section 12-3.2,
9 12-15 or 16A-3 of the Criminal Code of 1961, or probation
10 under Section 10 of the Cannabis Control Act, Section 410 of
11 the Illinois Controlled Substances Act, Section 12-4.3 b(1)
12 and (2) of the Criminal Code of 1961, Section 10-102 of the
13 Illinois Alcoholism and Other Drug Dependency Act when the
14 judgment of conviction has been vacated, Section 40-10 of the
15 Alcoholism and Other Drug Abuse and Dependency Act when the
16 judgment of conviction has been vacated, or Section 10 of the
17 Steroid Control Act shall not be expunged from the records of
18 the arresting authority nor impounded by the court until 5
19 years after termination of probation or supervision. Those
20 records that result from a supervision for a violation of
21 Section 11-501 of the Illinois Vehicle Code or a similar
22 provision of a local ordinance, shall not be expunged. All
23 records set out above may be ordered by the court to be
24 expunged from the records of the arresting authority and
25 impounded by the court after 5 years, but shall not be
26 expunged by the Department, but shall, on court order be
27 sealed by the Department and may be disseminated by the
28 Department only as required by law or to the arresting
29 authority, the State's Attorney, and the court upon a later
30 arrest for the same or a similar offense or for the purpose
31 of sentencing for any subsequent felony. Upon conviction for
32 any offense, the Department of Corrections shall have access
33 to all sealed records of the Department pertaining to that
34 individual.
-4- LRB9010418RCksam
1 (b) Whenever a person has been convicted of a crime or
2 of the violation of a municipal ordinance, in the name of a
3 person whose identity he has stolen or otherwise come into
4 possession of, the aggrieved person from whom the identity
5 was stolen or otherwise obtained without authorization, upon
6 learning of the person having been arrested using his
7 identity, may, upon verified petition to the chief judge of
8 the circuit wherein the arrest was made, have a court order
9 entered nunc pro tunc by the chief judge to correct the
10 arrest record, conviction record, if any, and all official
11 records of the arresting authority, the Department, other
12 criminal justice agencies, the prosecutor, and the trial
13 court concerning such arrest, if any, by removing his name
14 from all such records in connection with the arrest and
15 conviction, if any, and by inserting in the records the name
16 of the offender, if known or ascertainable, in lieu of the
17 aggrieved's name. The records of the clerk of the circuit
18 court clerk shall be sealed until further order of the court
19 upon good cause shown and the name of the aggrieved person
20 obliterated on the official index required to be kept by the
21 circuit court clerk under Section 16 of the Clerks of Courts
22 Act, but the order shall not affect any index issued by the
23 circuit court clerk before the entry of the order. Nothing in
24 this Section shall limit the Department of State Police or
25 other criminal justice agencies or prosecutors from listing
26 under an offender's name the false names he or she has used.
27 For purposes of this Section, convictions for moving and
28 nonmoving traffic violations other than convictions for
29 violations of Chapter 4, Section 11-204.1 or Section 11-501
30 of the Illinois Vehicle Code shall not be a bar to expunging
31 the record of arrest and court records for violation of a
32 misdemeanor or municipal ordinance.
33 (c) Whenever a person who has been convicted of an
34 offense is granted a pardon by the Governor which
-5- LRB9010418RCksam
1 specifically authorizes expungement, he may, upon verified
2 petition to the chief judge of the circuit where the person
3 had been convicted, any judge of the circuit designated by
4 the Chief Judge, or in counties of less than 3,000,000
5 inhabitants, the presiding trial judge at the defendant's
6 trial, may have a court order entered expunging the record of
7 arrest from the official records of the arresting authority
8 and order that the records of the clerk of the circuit court
9 and the Department be sealed until further order of the court
10 upon good cause shown or as otherwise provided herein, and
11 the name of the defendant obliterated from the official index
12 requested to be kept by the circuit court clerk under Section
13 16 of the Clerks of Courts Act in connection with the arrest
14 and conviction for the offense for which he had been pardoned
15 but the order shall not affect any index issued by the
16 circuit court clerk before the entry of the order. All
17 records sealed by the Department may be disseminated by the
18 Department only as required by law or to the arresting
19 authority, the States Attorney, and the court upon a later
20 arrest for the same or similar offense or for the purpose of
21 sentencing for any subsequent felony. Upon conviction for
22 any subsequent offense, the Department of Corrections shall
23 have access to all sealed records of the Department
24 pertaining to that individual. Upon entry of the order of
25 expungement, the clerk of the circuit court shall promptly
26 mail a copy of the order to the person who was pardoned.
27 (d) Notice of the petition for subsections (a), (b), and
28 (c) shall be served upon the State's Attorney or prosecutor
29 charged with the duty of prosecuting the offense, the
30 Department of State Police, the arresting agency and the
31 chief legal officer of the unit of local government affecting
32 the arrest. Unless the State's Attorney or prosecutor, the
33 Department of State Police, the arresting agency or such
34 chief legal officer objects to the petition within 30 days
-6- LRB9010418RCksam
1 from the date of the notice, the court shall enter an order
2 granting or denying the petition. The clerk of the court
3 shall promptly mail a copy of the order to the person, the
4 arresting agency, the prosecutor, the Department of State
5 Police and such other criminal justice agencies as may be
6 ordered by the judge.
7 (e) Nothing herein shall prevent the Department of State
8 Police from maintaining all records of any person who is
9 admitted to probation upon terms and conditions and who
10 fulfills those terms and conditions pursuant to Section 10 of
11 the Cannabis Control Act, Section 410 of the Illinois
12 Controlled Substances Act, Section 12-4.3 of the Criminal
13 Code of 1961, Section 10-102 of the Illinois Alcoholism and
14 Other Drug Dependency Act, Section 40-10 of the Alcoholism
15 and Other Drug Abuse and Dependency Act, or Section 10 of the
16 Steroid Control Act.
17 (f) No court order issued pursuant to the expungement
18 provisions of this Section shall become final for purposes of
19 appeal until 30 days after notice is received by the
20 Department. Any court order contrary to the provisions of
21 this Section is void.
22 (g) The court shall not order the sealing or expungement
23 of the arrest records and records of the circuit court clerk
24 of any person granted supervision for or convicted of any
25 sexual offense committed against a minor under 18 years of
26 age. For the purposes of this Section, "sexual offense
27 committed against a minor" includes but is not limited to the
28 offenses of indecent solicitation of a child or criminal
29 sexual abuse when the victim of such offense is under 18
30 years of age.
31 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
32 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
33 Section 10. The Illinois Uniform Conviction Information
-7- LRB9010418RCksam
1 Act is amended by changing Section 3 as follows:
2 (20 ILCS 2635/3) (from Ch. 38, par. 1603)
3 Sec. 3. Definitions. Whenever used in this Act, and for
4 the purposes of this Act, unless the context clearly
5 indicates otherwise:
6 (A) "Accurate" means factually correct, containing no
7 mistake or error of a material nature.
8 (B) The phrase "administer the criminal laws" includes
9 any of the following activities: intelligence gathering,
10 surveillance, criminal investigation, crime detection and
11 prevention (including research), apprehension, detention,
12 pretrial or post-trial release, prosecution, the correctional
13 supervision or rehabilitation of accused persons or criminal
14 offenders, criminal identification activities, or the
15 collection, maintenance or dissemination of criminal history
16 record information.
17 (C) "The Authority" means the Illinois Criminal Justice
18 Information Authority.
19 (D) "Automated" means the utilization of computers,
20 telecommunication lines, or other automatic data processing
21 equipment for data collection or storage, analysis,
22 processing, preservation, maintenance, dissemination, or
23 display and is distinguished from a system in which such
24 activities are performed manually.
25 (E) "Complete" means accurately reflecting all the
26 criminal history record information about an individual that
27 is required to be reported to the Department pursuant to
28 Section 2.1 of the Criminal Identification Act.
29 (F) "Conviction information" means data reflecting a
30 judgment of guilt or nolo contendere. The term includes all
31 prior and subsequent criminal history events directly
32 relating to such judgments, such as, but not limited to: (1)
33 the notation of arrest; (2) the notation of charges filed;
-8- LRB9010418RCksam
1 (3) the sentence imposed; (4) the fine imposed; and (5) all
2 related probation, parole, and release information.
3 Information ceases to be "conviction information" when a
4 judgment of guilt is reversed or vacated.
5 For purposes of this Act, continuances to a date certain
6 in furtherance of an order of supervision granted under
7 Section 5-6-1 of the Unified Code of Corrections or an order
8 of probation granted under either Section 10 of the Cannabis
9 Control Act, Section 410 of the Illinois Controlled
10 Substances Act, Section 12-4.3 of the Criminal Code of 1961,
11 Section 10-102 of the Illinois Alcoholism and Other Drug
12 Dependency Act, Section 40-10 of the Alcoholism and Other
13 Drug Abuse and Dependency Act, or Section 10 of the Steroid
14 Control Act shall not be deemed "conviction information".
15 For purposes of this Act, "conviction information" does not
16 include data of convictions of persons under 18 years of age
17 for violations of the Prevention of Tobacco Use by Minors
18 Act.
19 (G) "Criminal history record information" means data
20 identifiable to an individual and consisting of descriptions
21 or notations of arrests, detentions, indictments,
22 informations, pretrial proceedings, trials, or other formal
23 events in the criminal justice system or descriptions or
24 notations of criminal charges (including criminal violations
25 of local municipal ordinances) and the nature of any
26 disposition arising therefrom, including sentencing, court or
27 correctional supervision, rehabilitation and release. The
28 term does not apply to statistical records and reports in
29 which individual are not identified and from which their
30 identities are not ascertainable, or to information that is
31 for criminal investigative or intelligence purposes. The
32 term does not apply to data about persons under 18 years of
33 age charged or convicted of a violation of the Prevention of
34 Tobacco Use by Minors Act.
-9- LRB9010418RCksam
1 (H) "Criminal justice agency" means (1) a government
2 agency or any subunit thereof which is authorized to
3 administer the criminal laws and which allocates a
4 substantial part of its annual budget for that purpose, or
5 (2) an agency supported by public funds which is authorized
6 as its principal function to administer the criminal laws and
7 which is officially designated by the Department as a
8 criminal justice agency for purposes of this Act.
9 (I) "The Department" means the Illinois Department of
10 State Police.
11 (J) "Director" means the Director of the Illinois
12 Department of State Police.
13 (K) "Disseminate" means to disclose or transmit
14 conviction information in any form, oral, written, or
15 otherwise.
16 (L) "Exigency" means pending danger or the threat of
17 pending danger to an individual or property.
18 (M) "Non-criminal justice agency" means a State agency,
19 Federal agency, or unit of local government that is not a
20 criminal justice agency. The term does not refer to private
21 individuals, corporations, or non-governmental agencies or
22 organizations.
23 (M-5) "Request" means the submission to the Department,
24 in the form and manner required, the necessary data elements
25 or fingerprints, or both, to allow the Department to initiate
26 a search of its criminal history record information files.
27 (N) "Requester" means any private individual,
28 corporation, organization, employer, employment agency, labor
29 organization, or non-criminal justice agency that has made a
30 request pursuant to this Act to obtain conviction information
31 maintained in the files of the Department of State Police
32 regarding a particular individual.
33 (O) "Statistical information" means data from which the
34 identity of an individual cannot be ascertained,
-10- LRB9010418RCksam
1 reconstructed, or verified and to which the identity of an
2 individual cannot be linked by the recipient of the
3 information.
4 (Source: P.A. 88-368; 88-670, eff. 12-2-94.)
5 Section 15. The Sale of Tobacco to Minors Act is amended
6 by changing the title of the Act and Sections 0.01, 1, and 2
7 as follows:
8 (720 ILCS 675/Act title)
9 An Act to prevent the use or possession of tobacco by
10 minors prohibit minors from buying or selling tobacco in any
11 of its forms, to prohibit selling, giving or furnishing
12 tobacco, in any of its forms, to minors, and providing
13 penalties therefor.
14 (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
15 Sec. 0.01. Short title. This Act may be cited as the
16 Prevention of Tobacco Use by Sale of Tobacco to Minors Act.
17 (Source: P.A. 86-1324.)
18 (720 ILCS 675/1) (from Ch. 23, par. 2357)
19 Sec. 1. Sale to and possession by minors of tobacco
20 prohibited.
21 (a) No minor under 18 years of age shall buy any cigar,
22 cigarette, smokeless tobacco or tobacco in any of its forms.
23 No person shall sell, buy for, distribute samples of or
24 furnish any cigar, cigarette, smokeless tobacco or tobacco in
25 any of its forms, to any minor under 18 years of age.
26 (b) No minor under 18 years of age shall buy or possess
27 any cigar, cigarette, smokeless tobacco, or tobacco in any of
28 its forms.
29 (c) For the purpose of this Section, "smokeless tobacco"
30 means any tobacco products that are suitable for dipping or
-11- LRB9010418RCksam
1 chewing.
2 (d) Tobacco products listed in this Section above may be
3 sold through a vending machine only in the following
4 locations:
5 (1) Factories, businesses, offices, private clubs,
6 and other places not open to the general public.
7 (2) Places to which minors under 18 years of age
8 are not permitted access.
9 (3) Places where alcoholic beverages are sold and
10 consumed on the premises.
11 (4) Places where the vending machine is under the
12 direct supervision of the owner of the establishment or
13 an employee over 18 years of age. The sale of tobacco
14 products from a vending machine under direct supervision
15 of the owner or an employee of the establishment is
16 considered a sale of tobacco products by that person. As
17 used in this subdivision, "direct supervision" means that
18 the owner or employee has an unimpeded line of sight to
19 the vending machine.
20 (5) Places where the vending machine can only be
21 operated by the owner or an employee over age 18 either
22 directly or through a remote control device if the device
23 is inaccessible to all customers.
24 (Source: P.A. 89-181, eff. 7-19-95.)
25 (720 ILCS 675/2) (from Ch. 23, par. 2358)
26 Sec. 2. Any person who violates subsection (a) or (d) of
27 Section 1 any provision of this Act is guilty of a petty
28 offense and for the first offense shall be fined $200, $400
29 for the second offense in a 12-month period, and $600 for the
30 third or any subsequent offense in a 12-month period. Any
31 person who violates subsection (b) of Section 1 of this Act
32 is guilty of a petty offense and the court may impose a term
33 of up to 25 hours of community service or require the
-12- LRB9010418RCksam
1 completion of a smoking cessation program if available for
2 the first offense, may impose a term of up to 25 hours of
3 community service and a fine not to exceed $25 for the second
4 offense in a 12-month period, and may impose a term of up to
5 30 hours of community service and a fine not to exceed $50
6 for the third or any subsequent offense in a 12-month period.
7 One-half of each fine collected under this Section shall be
8 distributed to the unit of local government or other entity
9 that successfully prosecuted the offender and one-half shall
10 be remitted to the State to be used for enforcing this Act.
11 (Source: P.A. 88-418.)".