State of Illinois
92nd General Assembly
Legislation

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92_HB0299ham001

 










                                           LRB9204049RCcdam01

 1                     AMENDMENT TO HOUSE BILL 299

 2        AMENDMENT NO.     .  Amend House Bill  299  by  replacing
 3    everything after the enacting clause with with following:

 4        "Section   5.  The Criminal Identification Act is amended
 5    by changing Section 5 as follows:

 6        (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
 7        Sec. 5. Arrest reports; expungement.
 8        (a)  All policing bodies of this State shall  furnish  to
 9    the  Department, daily, in the form and detail the Department
10    requires, fingerprints and descriptions of  all  persons  who
11    are  arrested  on  charges  of violating any penal statute of
12    this State for offenses that are classified as  felonies  and
13    Class  A or B misdemeanors and of all minors of the age of 10
14    and over who have been arrested for an offense which would be
15    a felony if committed by  an  adult,  and  may  forward  such
16    fingerprints and descriptions for minors arrested for Class A
17    or  B  misdemeanors.   Moving or nonmoving traffic violations
18    under the Illinois Vehicle Code shall not be reported  except
19    for  violations  of  Chapter  4, Section 11-204.1, or Section
20    11-501 of that Code.  In addition, conservation offenses,  as
21    defined in the Supreme Court Rule 501(c), that are classified
22    as Class B misdemeanors shall not be reported.
 
                            -2-            LRB9204049RCcdam01
 1        Whenever  an  adult  or minor prosecuted as an adult, not
 2    having previously been convicted of any criminal  offense  or
 3    municipal  ordinance violation, charged with a violation of a
 4    municipal ordinance or a felony or misdemeanor, is  acquitted
 5    or released without being convicted, whether the acquittal or
 6    release  occurred  before, on, or after the effective date of
 7    this amendatory Act of 1991, the Chief Judge of  the  circuit
 8    wherein  the  charge  was  brought, any judge of that circuit
 9    designated by the Chief Judge, or in counties  of  less  than
10    3,000,000  inhabitants,  the  presiding  trial  judge  at the
11    defendant's trial may upon verified petition of the defendant
12    order the record of arrest expunged from the official records
13    of the arresting authority and the Department and order  that
14    the records of the clerk of the circuit court be sealed until
15    further order of the court upon good cause shown and the name
16    of  the  defendant obliterated on the official index required
17    to be kept by the circuit court clerk under Section 16 of the
18    Clerks of Courts Act, but the  order  shall  not  affect  any
19    index  issued  by the circuit court clerk before the entry of
20    the order.  The Department may charge the  petitioner  a  fee
21    equivalent  to the cost of processing any order to expunge or
22    seal the records, and the fee shall  be  deposited  into  the
23    State  Police  Services  Fund.  The records of those arrests,
24    however, that result in a disposition of supervision for  any
25    offense  shall  not  be  expunged  from  the  records  of the
26    arresting authority or the Department nor  impounded  by  the
27    court   until  2  years  after  discharge  and  dismissal  of
28    supervision.  Those records that result  from  a  supervision
29    for  a  violation of Section 3-707, 3-708, 3-710, 5-401.3, or
30    11-503 of the Illinois Vehicle Code or a similar provision of
31    a local ordinance, or for  a  violation  of  Section  12-3.2,
32    12-15  or  16A-3  of  the Criminal Code of 1961, or probation
33    under Section 10 of the Cannabis Control Act, Section 410  of
34    the  Illinois Controlled Substances Act, Section 12-4.3(b)(1)
 
                            -3-            LRB9204049RCcdam01
 1    and (2) of the Criminal Code of  1961  (as  those  provisions
 2    existed  before their deletion by Public Act 89-313), Section
 3    10-102 of the Illinois Alcoholism and Other  Drug  Dependency
 4    Act when the judgment of conviction has been vacated, Section
 5    40-10  of  the Alcoholism and Other Drug Abuse and Dependency
 6    Act when the judgment of  conviction  has  been  vacated,  or
 7    Section  10  of the Steroid Control Act shall not be expunged
 8    from the records of the arresting authority nor impounded  by
 9    the  court  until  5  years after termination of probation or
10    supervision.  Those records that result  from  a  supervision
11    for  a  violation  of  Section 11-501 of the Illinois Vehicle
12    Code or a similar provision of a local ordinance,  shall  not
13    be expunged.  All records set out above may be ordered by the
14    court  to  be  expunged  from  the  records  of the arresting
15    authority and impounded by the court after 5 years, but shall
16    not be expunged by the Department, but shall, on court  order
17    be  sealed  by  the Department and may be disseminated by the
18    Department only as  required  by  law  or  to  the  arresting
19    authority,  the  State's Attorney, and the court upon a later
20    arrest for the same or a similar offense or for  the  purpose
21    of sentencing for any subsequent felony.  Upon conviction for
22    any  offense, the Department of Corrections shall have access
23    to all sealed records of the Department  pertaining  to  that
24    individual.
25        (a-5)  Those  records  maintained  by  the Department for
26    persons arrested  prior  to  their  17th  birthday  shall  be
27    expunged  as  provided in Section 5-915 of the Juvenile Court
28    Act of 1987.
29        (b)  Whenever a person has been convicted of a  crime  or
30    of  the  violation of a municipal ordinance, in the name of a
31    person whose identity he has stolen or  otherwise  come  into
32    possession  of,  the  aggrieved person from whom the identity
33    was stolen or otherwise obtained without authorization,  upon
34    learning  of  the  person  having  been  arrested  using  his
 
                            -4-            LRB9204049RCcdam01
 1    identity,  may,  upon verified petition to the chief judge of
 2    the circuit wherein the arrest was made, have a  court  order
 3    entered  nunc  pro  tunc  by  the  chief judge to correct the
 4    arrest record, conviction record, if any,  and  all  official
 5    records  of  the  arresting  authority, the Department, other
 6    criminal justice agencies,  the  prosecutor,  and  the  trial
 7    court  concerning  such  arrest, if any, by removing his name
 8    from all such records  in  connection  with  the  arrest  and
 9    conviction,  if any, and by inserting in the records the name
10    of the offender, if known or ascertainable, in  lieu  of  the
11    has  name.   The  records  of  the clerk of the circuit court
12    clerk shall be sealed until further order of the  court  upon
13    good  cause  shown  and  the  name  of  the  aggrieved person
14    obliterated on the official index required to be kept by  the
15    circuit  court clerk under Section 16 of the Clerks of Courts
16    Act, but the order shall not affect any index issued  by  the
17    circuit court clerk before the entry of the order. Nothing in
18    this  Section  shall  limit the Department of State Police or
19    other criminal justice agencies or prosecutors  from  listing
20    under  an offender's name the false names he or she has used.
21    For purposes of this  Section,  convictions  for  moving  and
22    nonmoving  traffic  violations  other  than  convictions  for
23    violations  of  Chapter 4, Section 11-204.1 or Section 11-501
24    of the Illinois Vehicle Code shall not be a bar to  expunging
25    the  record  of  arrest  and court records for violation of a
26    misdemeanor or municipal ordinance.
27        (c)  Whenever a person  who  has  been  convicted  of  an
28    offense   is   granted   a   pardon  by  the  Governor  which
29    specifically authorizes expungement, he  may,  upon  verified
30    petition  to  the chief judge of the circuit where the person
31    had been convicted, any judge of the  circuit  designated  by
32    the  Chief  Judge,  or  in  counties  of  less than 3,000,000
33    inhabitants, the presiding trial  judge  at  the  defendant's
34    trial, may have a court order entered expunging the record of
 
                            -5-            LRB9204049RCcdam01
 1    arrest  from  the official records of the arresting authority
 2    and order that the records of the clerk of the circuit  court
 3    and the Department be sealed until further order of the court
 4    upon  good  cause  shown or as otherwise provided herein, and
 5    the name of the defendant obliterated from the official index
 6    requested to be kept by the circuit court clerk under Section
 7    16 of the Clerks of Courts Act in connection with the  arrest
 8    and conviction for the offense for which he had been pardoned
 9    but  the  order  shall  not  affect  any  index issued by the
10    circuit court clerk before  the  entry  of  the  order.   All
11    records  sealed  by the Department may be disseminated by the
12    Department only as  required  by  law  or  to  the  arresting
13    authority,  the  State's Attorney, and the court upon a later
14    arrest for the same or similar offense or for the purpose  of
15    sentencing  for  any  subsequent felony.  Upon conviction for
16    any subsequent offense, the Department of  Corrections  shall
17    have   access   to  all  sealed  records  of  the  Department
18    pertaining to that individual.  Upon entry of  the  order  of
19    expungement,  the  clerk  of the circuit court shall promptly
20    mail a copy of the order to the person who was pardoned.
21        (c-5)  Whenever a person has been convicted  of  criminal
22    sexual assault, aggravated criminal sexual assault, predatory
23    criminal sexual assault of a child, criminal sexual abuse, or
24    aggravated  criminal sexual abuse, the victim of that offense
25    may request that the State's Attorney of the county in  which
26    the  conviction  occurred  file  a verified petition with the
27    presiding trial judge at the  defendant's  trial  to  have  a
28    court  order  entered to seal the records of the clerk of the
29    circuit court in connection with the proceedings of the trial
30    court concerning that offense.  However, the records  of  the
31    arresting  authority  and  the  Department  of  State  Police
32    concerning  the offense shall not be sealed.  The court, upon
33    good cause shown, shall make the records of the clerk of  the
34    circuit court in connection with the proceedings of the trial
 
                            -6-            LRB9204049RCcdam01
 1    court concerning the offense available for public inspection.
 2        (c-6)  For employment application purposes only, whenever
 3    a  person   has been placed on supervision for a misdemeanor,
 4    12 months after completion of the period of  supervision  for
 5    the  misdemeanor,  the  chief  judge of the circuit where the
 6    person  had  been  convicted,  any  judge  of   the   circuit
 7    designated  by  the  Chief Judge, or in counties of less than
 8    3,000,000 inhabitants,  the  presiding  trial  judge  at  the
 9    defendant's  trial,  shall  enter a court order expunging the
10    record of arrest from the official records of  the  arresting
11    authority  as  to  access  to  those records by employers and
12    prospective employers and order that the records of the clerk
13    of the circuit  court  and  the  Department  be  sealed  from
14    employers  or  prospective  employers.  All records sealed by
15    the Department from employers and prospective  employers  may
16    be  disseminated by the Department only as required by law or
17    to the arresting authority, the  State's  Attorney,  and  the
18    court.   The  Department  of Corrections shall have access to
19    all sealed records  of  the  Department  pertaining  to  that
20    individual. Upon entry of the order of expungement, the clerk
21    of  the circuit court shall promptly mail a copy of the order
22    to the person  who  was  subject  to  the  expungement.  This
23    subsection (c-6) does not apply to the following offenses and
24    an  employer  or  prospective  employer  may  have  access to
25    supervision information for these offenses:
26             (1) A violation of Section 11-501  of  the  Illinois
27        Vehicle Code or a similar provision of a local ordinance.
28             (2)  A  violation of Article 11 of the Criminal Code
29        of 1961 or any predecessor or successor offenses that are
30        similar to the offenses enumerated in this paragraph (2).
31             (3)  A   violation    of    the    Firearm    Owners
32        Identification  Card  Act  or  Article 24 of the Criminal
33        Code of 1961.
34             (4)  A crime of violence as defined in Section 2  of
 
                            -7-            LRB9204049RCcdam01
 1        the Crime Victims Compensation Act.
 2        (d)  Notice of the petition for subsections (a), (b), and
 3    (c)  shall  be served upon the State's Attorney or prosecutor
 4    charged  with  the  duty  of  prosecuting  the  offense,  the
 5    Department of State Police,  the  arresting  agency  and  the
 6    chief legal officer of the unit of local government affecting
 7    the  arrest.   Unless the State's Attorney or prosecutor, the
 8    Department of State Police,  the  arresting  agency  or  such
 9    chief  legal  officer  objects to the petition within 30 days
10    from the date of the notice, the court shall enter  an  order
11    granting  or  denying  the  petition.  The clerk of the court
12    shall promptly mail a copy of the order to  the  person,  the
13    arresting  agency,  the  prosecutor,  the Department of State
14    Police and such other criminal justice  agencies  as  may  be
15    ordered by the judge.
16        (e)  Nothing herein shall prevent the Department of State
17    Police  from  maintaining  all  records  of any person who is
18    admitted to probation  upon  terms  and  conditions  and  who
19    fulfills those terms and conditions pursuant to Section 10 of
20    the  Cannabis  Control  Act,  Section  410  of  the  Illinois
21    Controlled  Substances  Act,  Section  12-4.3 of the Criminal
22    Code of 1961, Section 10-102 of the Illinois  Alcoholism  and
23    Other  Drug  Dependency  Act, Section 40-10 of the Alcoholism
24    and Other Drug Abuse and Dependency Act, or Section 10 of the
25    Steroid Control Act.
26        (f)  No court order issued pursuant  to  the  expungement
27    provisions of this Section shall become final for purposes of
28    appeal  until  30  days  after  notice  is  received  by  the
29    Department.   Any  court  order contrary to the provisions of
30    this Section is void.
31        (g)  Except as otherwise provided in subsection (c-5)  of
32    this  Section,  the  court  shall  not  order  the sealing or
33    expungement of the arrest records and records of the  circuit
34    court   clerk  of  any  person  granted  supervision  for  or
 
                            -8-            LRB9204049RCcdam01
 1    convicted of any sexual offense  committed  against  a  minor
 2    under  18  years  of  age.  For the purposes of this Section,
 3    "sexual offense committed against a minor"  includes  but  is
 4    not  limited  to  the  offenses of indecent solicitation of a
 5    child or criminal  sexual  abuse  when  the  victim  of  such
 6    offense is under 18 years of age.
 7    (Source: P.A.  90-590,  eff.  1-1-00;  91-295,  eff.  1-1-00;
 8    91-357, eff. 7-29-99.)

 9        Section  99.  Effective date.  This Act takes effect upon
10    becoming law.".

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