92nd General Assembly
Summary of HB4098
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Short description: 
CRIM ID-EXPUNGE                                                            

Synopsis of Bill as introduced:
        Amends the Criminal Identification Act and the  Unified  Code  of      
   Corrections.   Provides  that if a conviction or sentence has been set      
   aside  on  direct  review  or  on  collateral  attack  and  the  court      
   determines by clear and convincing evidence  that  the  defendant  was      
   factually  innocent  of  the  charge,  the  court shall enter an order      
   expunging the record of  arrest  from  the  official  records  of  the      
   arresting  authority  and  order  that the records of the clerk of the      
   circuit court and Department of State Police be sealed  until  further      
   order  of  the  court  upon  good  cause  shown   and  the name of the      
   defendant obliterated from the official  index  kept  by  the  circuit      
   clerk.  Amends  the  State  Appellate Defender Act.  Provides that the      
   State Appellate Defender shall establish, maintain, and carry  out  an      
   Expungement  Program  to provide information and assistance to persons      
   eligible to have their arrest or criminal history  record  information      
   ordered  expunged,  sealed  or  impounded.  Provides  that  the  State      
   Appellate  Defender  shall  develop  brochures,  pamphlets  and  other      
   materials in printed form and through the agency's World Wide Web site      
   that  include  at  a  minimum  the  following  information:   (1)   an      
   explanation  of the State's expungement process; (2) the circumstances      
   under which expungements may occur; (3) the criminal offenses that may      
   be expunged; (4) the steps necessary  to  initiate  and  complete  the      
   expungement  process;  and  (5) directions on how to contact the State      
   Appellate Defender.  Provides that the State Appellate Defender  shall      
   establish  and  maintain a statewide toll-free telephone number that a      
   person may use to receive information  or  assistance  concerning  the      
   expungement   or   sealing   of  arrest  or  criminal  history  record      
   information. Provides that the State Appellate Defender shall  compile      
   a  statewide  list  of  volunteer attorneys willing to assist eligible      
   individuals through the expungement process. Provides that the Program      
   shall be implemented from funds appropriated to  the  State  Appellate      
   Defender for this purpose. Effective immediately.                           
          FISCAL NOTE (Administrative Office of the Illinois Courts)           
          HB 4098 would have a minimal fiscal impact on the                    
          judicial branch.                                                     
          JUDICIAL NOTE (Administrative Office of the Illinois Courts)         
          HB 4098 would neither increase nor decrease the number               
          of judges needed in the State.                                       
          FISCAL NOTE (Department of Corrections)                              
          There would be no fiscal impact or impact on the corrections         
          CORRECTIONAL NOTE (Department of Corrections)                        
          Same as DOC fiscal note.                                             
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   0


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