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| Public Act 097-0698
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| SB3258 Enrolled | LRB097 15082 RLC 60175 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Identification Act is amended by |
changing Section 5.2 as follows:
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(20 ILCS 2630/5.2) |
Sec. 5.2. Expungement and sealing. |
(a) General Provisions. |
(1) Definitions. In this Act, words and phrases have
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the meanings set forth in this subsection, except when a
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particular context clearly requires a different meaning. |
(A) The following terms shall have the meanings |
ascribed to them in the Unified Code of Corrections, |
730 ILCS 5/5-1-2 through 5/5-1-22: |
(i) Business Offense (730 ILCS 5/5-1-2), |
(ii) Charge (730 ILCS 5/5-1-3), |
(iii) Court (730 ILCS 5/5-1-6), |
(iv) Defendant (730 ILCS 5/5-1-7), |
(v) Felony (730 ILCS 5/5-1-9), |
(vi) Imprisonment (730 ILCS 5/5-1-10), |
(vii) Judgment (730 ILCS 5/5-1-12), |
(viii) Misdemeanor (730 ILCS 5/5-1-14), |
(ix) Offense (730 ILCS 5/5-1-15), |
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(x) Parole (730 ILCS 5/5-1-16), |
(xi) Petty Offense (730 ILCS 5/5-1-17), |
(xii) Probation (730 ILCS 5/5-1-18), |
(xiii) Sentence (730 ILCS 5/5-1-19), |
(xiv) Supervision (730 ILCS 5/5-1-21), and |
(xv) Victim (730 ILCS 5/5-1-22). |
(B) As used in this Section, "charge not initiated |
by arrest" means a charge (as defined by 730 ILCS |
5/5-1-3) brought against a defendant where the |
defendant is not arrested prior to or as a direct |
result of the charge. |
(C) "Conviction" means a judgment of conviction or |
sentence entered upon a plea of guilty or upon a |
verdict or finding of guilty of an offense, rendered by |
a legally constituted jury or by a court of competent |
jurisdiction authorized to try the case without a jury. |
An order of supervision successfully completed by the |
petitioner is not a conviction. An order of qualified |
probation (as defined in subsection (a)(1)(J)) |
successfully completed by the petitioner is not a |
conviction. An order of supervision or an order of |
qualified probation that is terminated |
unsatisfactorily is a conviction, unless the |
unsatisfactory termination is reversed, vacated, or |
modified and the judgment of conviction, if any, is |
reversed or vacated. |
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(D) "Criminal offense" means a petty offense, |
business offense, misdemeanor, felony, or municipal |
ordinance violation (as defined in subsection |
(a)(1)(H)). As used in this Section, a minor traffic |
offense (as defined in subsection (a)(1)(G)) shall not |
be considered a criminal offense. |
(E) "Expunge" means to physically destroy the |
records or return them to the petitioner and to |
obliterate the petitioner's name from any official |
index or public record, or both. Nothing in this Act |
shall require the physical destruction of the circuit |
court file, but such records relating to arrests or |
charges, or both, ordered expunged shall be impounded |
as required by subsections (d)(9)(A)(ii) and |
(d)(9)(B)(ii). |
(F) As used in this Section, "last sentence" means |
the sentence, order of supervision, or order of |
qualified probation (as defined by subsection |
(a)(1)(J)), for a criminal offense (as defined by |
subsection (a)(1)(D)) that terminates last in time in |
any jurisdiction, regardless of whether the petitioner |
has included the criminal offense for which the |
sentence or order of supervision or qualified |
probation was imposed in his or her petition. If |
multiple sentences, orders of supervision, or orders |
of qualified probation terminate on the same day and |
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are last in time, they shall be collectively considered |
the "last sentence" regardless of whether they were |
ordered to run concurrently. |
(G) "Minor traffic offense" means a petty offense, |
business offense, or Class C misdemeanor under the |
Illinois Vehicle Code or a similar provision of a |
municipal or local ordinance. |
(H) "Municipal ordinance violation" means an |
offense defined by a municipal or local ordinance that |
is criminal in nature and with which the petitioner was |
charged or for which the petitioner was arrested and |
released without charging. |
(I) "Petitioner" means an adult or a minor |
prosecuted as an
adult who has applied for relief under |
this Section. |
(J) "Qualified probation" means an order of |
probation under Section 10 of the Cannabis Control Act, |
Section 410 of the Illinois Controlled Substances Act, |
Section 70 of the Methamphetamine Control and |
Community Protection Act, Section 12-4.3(b)(1) and (2) |
of the Criminal Code of 1961 (as those provisions |
existed before their deletion by Public Act 89-313), |
Section 10-102 of the Illinois Alcoholism and Other |
Drug Dependency Act, Section 40-10 of the Alcoholism |
and Other Drug Abuse and Dependency Act, or Section 10 |
of the Steroid Control Act. For the purpose of this |
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Section, "successful completion" of an order of |
qualified probation under Section 10-102 of the |
Illinois Alcoholism and Other Drug Dependency Act and |
Section 40-10 of the Alcoholism and Other Drug Abuse |
and Dependency Act means that the probation was |
terminated satisfactorily and the judgment of |
conviction was vacated. |
(K) "Seal" means to physically and electronically |
maintain the records, unless the records would |
otherwise be destroyed due to age, but to make the |
records unavailable without a court order, subject to |
the exceptions in Sections 12 and 13 of this Act. The |
petitioner's name shall also be obliterated from the |
official index required to be kept by the circuit court |
clerk under Section 16 of the Clerks of Courts Act, but |
any index issued by the circuit court clerk before the |
entry of the order to seal shall not be affected. |
(L) "Sexual offense committed against a minor" |
includes but is
not limited to the offenses of indecent |
solicitation of a child
or criminal sexual abuse when |
the victim of such offense is
under 18 years of age. |
(M) "Terminate" as it relates to a sentence or |
order of supervision or qualified probation includes |
either satisfactory or unsatisfactory termination of |
the sentence, unless otherwise specified in this |
Section. |
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(2) Minor Traffic Offenses.
Orders of supervision or |
convictions for minor traffic offenses shall not affect a |
petitioner's eligibility to expunge or seal records |
pursuant to this Section. |
(3) Exclusions. Except as otherwise provided in |
subsections (b)(5), (b)(6), and (e) of this Section, the |
court shall not order: |
(A) the sealing or expungement of the records of |
arrests or charges not initiated by arrest that result |
in an order of supervision for or conviction of:
(i) |
any sexual offense committed against a
minor; (ii) |
Section 11-501 of the Illinois Vehicle Code or a |
similar provision of a local ordinance; or (iii) |
Section 11-503 of the Illinois Vehicle Code or a |
similar provision of a local ordinance, unless the |
arrest or charge is for a misdemeanor violation of |
subsection (a) of Section 11-503 or a similar provision |
of a local ordinance, that occurred prior to the |
offender reaching the age of 25 years and the offender |
has no other conviction for violating Section 11-501 or |
11-503 of the Illinois Vehicle Code or a similar |
provision of a local ordinance. |
(B) the sealing or expungement of records of minor |
traffic offenses (as defined in subsection (a)(1)(G)), |
unless the petitioner was arrested and released |
without charging. |
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(C) the sealing of the records of arrests or |
charges not initiated by arrest which result in an |
order of supervision, an order of qualified probation |
(as defined in subsection (a)(1)(J)), or a conviction |
for the following offenses: |
(i) offenses included in Article 11 of the |
Criminal Code of 1961 or a similar provision of a |
local ordinance, except Section 11-14 of the |
Criminal Code of 1961 or a similar provision of a |
local ordinance; |
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or |
26-5 of the Criminal Code of 1961 or a similar |
provision of a local ordinance; |
(iii) offenses defined as "crimes of violence" |
in Section 2 of the Crime Victims Compensation Act |
or a similar provision of a local ordinance; |
(iv) offenses which are Class A misdemeanors |
under the Humane Care for Animals Act; or |
(v) any offense or attempted offense that |
would subject a person to registration under the |
Sex Offender Registration Act. |
(D) the sealing of the records of an arrest which |
results in
the petitioner being charged with a felony |
offense or records of a charge not initiated by arrest |
for a felony offense unless: |
(i) the charge is amended to a misdemeanor and |
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is otherwise
eligible to be sealed pursuant to |
subsection (c); |
(ii) the charge is brought along with another |
charge as a part of one case and the charge results |
in acquittal, dismissal, or conviction when the |
conviction was reversed or vacated, and another |
charge brought in the same case results in a |
disposition for a misdemeanor offense that is |
eligible to be sealed pursuant to subsection (c) or |
a disposition listed in paragraph (i), (iii), or |
(iv) of this subsection; |
(iii) the charge results in first offender |
probation as set forth in subsection (c)(2)(E); |
(iv) the charge is for a Class 4 felony offense |
listed in subsection (c)(2)(F) or the charge is |
amended to a Class 4 felony offense listed in |
subsection (c)(2)(F). Records of arrests which |
result in the petitioner being charged with a Class |
4 felony offense listed in subsection (c)(2)(F), |
records of charges not initiated by arrest for |
Class 4 felony offenses listed in subsection |
(c)(2)(F), and records of charges amended to a |
Class 4 felony offense listed in (c)(2)(F) may be |
sealed, regardless of the disposition, subject to |
any waiting periods set forth in subsection |
(c)(3); |
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(v) the charge results in acquittal, |
dismissal, or the petitioner's release without |
conviction; or |
(vi) the charge results in a conviction, but |
the conviction was reversed or vacated. |
(b) Expungement. |
(1) A petitioner may petition the circuit court to |
expunge the
records of his or her arrests and charges not |
initiated by arrest when: |
(A) He or she has never been convicted of a |
criminal offense; and |
(B) Each arrest or charge not initiated by arrest
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sought to be expunged resulted in:
(i) acquittal, |
dismissal, or the petitioner's release without |
charging, unless excluded by subsection (a)(3)(B);
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(ii) a conviction which was vacated or reversed, unless |
excluded by subsection (a)(3)(B);
(iii) an order of |
supervision and such supervision was successfully |
completed by the petitioner, unless excluded by |
subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of |
qualified probation (as defined in subsection |
(a)(1)(J)) and such probation was successfully |
completed by the petitioner. |
(2) Time frame for filing a petition to expunge. |
(A) When the arrest or charge not initiated by |
arrest sought to be expunged resulted in an acquittal, |
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dismissal, the petitioner's release without charging, |
or the reversal or vacation of a conviction, there is |
no waiting period to petition for the expungement of |
such records. |
(B) When the arrest or charge not initiated by |
arrest
sought to be expunged resulted in an order of |
supervision, successfully
completed by the petitioner, |
the following time frames will apply: |
(i) Those arrests or charges that resulted in |
orders of
supervision under Section 3-707, 3-708, |
3-710, or 5-401.3 of the Illinois Vehicle Code or a |
similar provision of a local ordinance, or under |
Section 11-1.50, 12-3.2, or 12-15 of the Criminal |
Code of 1961 or a similar provision of a local |
ordinance, shall not be eligible for expungement |
until 5 years have passed following the |
satisfactory termination of the supervision. |
(i-5) Those arrests or charges that resulted |
in orders of supervision for a misdemeanor |
violation of subsection (a) of Section 11-503 of |
the Illinois Vehicle Code or a similar provision of |
a local ordinance, that occurred prior to the |
offender reaching the age of 25 years and the |
offender has no other conviction for violating |
Section 11-501 or 11-503 of the Illinois Vehicle |
Code or a similar provision of a local ordinance |
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shall not be eligible for expungement until the |
petitioner has reached the age of 25 years. |
(ii) Those arrests or charges that resulted in |
orders
of supervision for any other offenses shall |
not be
eligible for expungement until 2 years have |
passed
following the satisfactory termination of |
the supervision. |
(C) When the arrest or charge not initiated by |
arrest sought to
be expunged resulted in an order of |
qualified probation, successfully
completed by the |
petitioner, such records shall not be eligible for
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expungement until 5 years have passed following the |
satisfactory
termination of the probation. |
(3) Those records maintained by the Department for
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persons arrested prior to their 17th birthday shall be
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expunged as provided in Section 5-915 of the Juvenile Court
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Act of 1987. |
(4) Whenever a person has been arrested for or |
convicted of any
offense, in the name of a person whose |
identity he or she has stolen or otherwise
come into |
possession of, the aggrieved person from whom the identity
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was stolen or otherwise obtained without authorization,
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upon learning of the person having been arrested using his
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or her identity, may, upon verified petition to the chief |
judge of
the circuit wherein the arrest was made, have a |
court order
entered nunc pro tunc by the Chief Judge to |
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correct the
arrest record, conviction record, if any, and |
all official
records of the arresting authority, the |
Department, other
criminal justice agencies, the |
prosecutor, and the trial
court concerning such arrest, if |
any, by removing his or her name
from all such records in |
connection with the arrest and
conviction, if any, and by |
inserting in the records the
name of the offender, if known |
or ascertainable, in lieu of
the aggrieved's name. The |
records of the circuit court clerk shall be sealed until |
further order of
the court upon good cause shown and the |
name of the
aggrieved person obliterated on the official |
index
required to be kept by the circuit court clerk under
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Section 16 of the Clerks of Courts Act, but the order shall
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not affect any index issued by the circuit court clerk
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before the entry of the order. Nothing in this Section
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shall limit the Department of State Police or other
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criminal justice agencies or prosecutors from listing
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under an offender's name the false names he or she has
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used. |
(5) Whenever a person has been convicted of criminal
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sexual assault, aggravated criminal sexual assault,
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predatory criminal sexual assault of a child, criminal
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sexual abuse, or aggravated criminal sexual abuse, the
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victim of that offense may request that the State's
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Attorney of the county in which the conviction occurred
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file a verified petition with the presiding trial judge at
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the petitioner's trial to have a court order entered to |
seal
the records of the circuit court clerk in connection
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with the proceedings of the trial court concerning that
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offense. However, the records of the arresting authority
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and the Department of State Police concerning the offense
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shall not be sealed. The court, upon good cause shown,
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shall make the records of the circuit court clerk in
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connection with the proceedings of the trial court
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concerning the offense available for public inspection. |
(6) If a conviction has been set aside on direct review
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or on collateral attack and the court determines by clear
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and convincing evidence that the petitioner was factually
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innocent of the charge, the court shall enter an
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expungement order as provided in subsection (b) of Section
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5-5-4 of the Unified Code of Corrections. |
(7) Nothing in this Section shall prevent the |
Department of
State Police from maintaining all records of |
any person who
is admitted to probation upon terms and |
conditions and who
fulfills those terms and conditions |
pursuant to Section 10
of the Cannabis Control Act, Section |
410 of the Illinois
Controlled Substances Act, Section 70 |
of the
Methamphetamine Control and Community Protection |
Act,
Section 12-4.3 or subdivision (b)(1) of Section |
12-3.05 of the Criminal Code of 1961, Section 10-102
of the |
Illinois Alcoholism and Other Drug Dependency Act,
Section |
40-10 of the Alcoholism and Other Drug Abuse and
Dependency |
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Act, or Section 10 of the Steroid Control Act. |
(c) Sealing. |
(1) Applicability. Notwithstanding any other provision |
of this Act to the contrary, and cumulative with any rights |
to expungement of criminal records, this subsection |
authorizes the sealing of criminal records of adults and of |
minors prosecuted as adults. |
(2) Eligible Records. The following records may be |
sealed: |
(A) All arrests resulting in release without |
charging; |
(B) Arrests or charges not initiated by arrest |
resulting in acquittal, dismissal, or conviction when |
the conviction was reversed or vacated, except as |
excluded by subsection (a)(3)(B); |
(C) Arrests or charges not initiated by arrest |
resulting in orders of supervision successfully |
completed by the petitioner, unless excluded by |
subsection (a)(3); |
(D) Arrests or charges not initiated by arrest |
resulting in convictions unless excluded by subsection |
(a)(3); |
(E) Arrests or charges not initiated by arrest |
resulting in orders of first offender probation under |
Section 10 of the Cannabis Control Act, Section 410 of |
the Illinois Controlled Substances Act, or Section 70 |
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of the Methamphetamine Control and Community |
Protection Act; and |
(F) Arrests or charges not initiated by arrest |
resulting in Class 4 felony convictions for the |
following offenses: |
(i) Section 11-14 of the Criminal Code of 1961; |
(ii) Section 4 of the Cannabis Control Act; |
(iii) Section 402 of the Illinois Controlled |
Substances Act; |
(iv) the Methamphetamine Precursor Control |
Act; and |
(v) the Steroid Control Act. |
(3) When Records Are Eligible to Be Sealed. Records |
identified as eligible under subsection (c)(2) may be |
sealed as follows: |
(A) Records identified as eligible under |
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any |
time. |
(B) Records identified as eligible under |
subsection (c)(2)(C) may be sealed
(i) 3 years after |
the termination of petitioner's last sentence (as |
defined in subsection (a)(1)(F)) if the petitioner has |
never been convicted of a criminal offense (as defined |
in subsection (a)(1)(D)); or
(ii) 4 years after the |
termination of the petitioner's last sentence (as |
defined in subsection (a)(1)(F)) if the petitioner has |
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ever been convicted of a criminal offense (as defined |
in subsection (a)(1)(D)). |
(C) Records identified as eligible under |
subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be |
sealed 4 years after the termination of the |
petitioner's last sentence (as defined in subsection |
(a)(1)(F)). |
(D) Records identified in subsection |
(a)(3)(A)(iii) may be sealed after the petitioner has |
reached the age of 25 years. |
(4) Subsequent felony convictions. A person may not |
have
subsequent felony conviction records sealed as |
provided in this subsection
(c) if he or she is convicted |
of any felony offense after the date of the
sealing of |
prior felony convictions as provided in this subsection |
(c). The court may, upon conviction for a subsequent felony |
offense, order the unsealing of prior felony conviction |
records previously ordered sealed by the court. |
(5) Notice of eligibility for sealing. Upon entry of a |
disposition for an eligible record under this subsection |
(c), the petitioner shall be informed by the court of the |
right to have the records sealed and the procedures for the |
sealing of the records. |
(d) Procedure. The following procedures apply to |
expungement under subsections (b) and (e), and sealing under |
subsection (c): |
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(1) Filing the petition. Upon becoming eligible to |
petition for
the expungement or sealing of records under |
this Section, the petitioner shall file a petition |
requesting the expungement
or sealing of records with the |
clerk of the court where the arrests occurred or the |
charges were brought, or both. If arrests occurred or |
charges were brought in multiple jurisdictions, a petition |
must be filed in each such jurisdiction. The petitioner |
shall pay the applicable fee, if not waived. |
(2) Contents of petition. The petition shall be
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verified and shall contain the petitioner's name, date of
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birth, current address and, for each arrest or charge not |
initiated by
arrest sought to be sealed or expunged, the |
case number, the date of
arrest (if any), the identity of |
the arresting authority, and such
other information as the |
court may require. During the pendency
of the proceeding, |
the petitioner shall promptly notify the
circuit court |
clerk of any change of his or her address. |
(3) Drug test. The petitioner must attach to the |
petition proof that the petitioner has passed a test taken |
within 30 days before the filing of the petition showing |
the absence within his or her body of all illegal |
substances as defined by the Illinois Controlled |
Substances Act, the Methamphetamine Control and Community |
Protection Act, and the Cannabis Control Act if he or she |
is petitioning to seal felony records pursuant to clause |
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(c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is |
petitioning to expunge felony records of a qualified |
probation pursuant to clause (b)(1)(B)(iv). |
(4) Service of petition. The circuit court clerk shall |
promptly
serve a copy of the petition on the State's |
Attorney or
prosecutor charged with the duty of prosecuting |
the
offense, the Department of State Police, the arresting
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agency and the chief legal officer of the unit of local
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government effecting the arrest. |
(5) Objections. |
(A) Any party entitled to notice of the petition |
may file an objection to the petition. All objections |
shall be in writing, shall be filed with the circuit |
court clerk, and shall state with specificity the basis |
of the objection. |
(B) Objections to a petition to expunge or seal |
must be filed within 60 days of the date of service of |
the petition. |
(6) Entry of order. |
(A) The Chief Judge of the circuit wherein the |
charge was brought, any judge of that circuit |
designated by the Chief Judge, or in counties of less |
than 3,000,000 inhabitants, the presiding trial judge |
at the petitioner's trial, if any, shall rule on the |
petition to expunge or seal as set forth in this |
subsection (d)(6). |
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(B) Unless the State's Attorney or prosecutor, the |
Department of
State Police, the arresting agency, or |
the chief legal officer
files an objection to the |
petition to expunge or seal within 60 days from the |
date of service of the petition, the court shall enter |
an order granting or denying the petition. |
(7) Hearings. If an objection is filed, the court shall |
set a date for a hearing and notify the petitioner and all |
parties entitled to notice of the petition of the hearing |
date at least 30 days prior to the hearing, and shall hear |
evidence on whether the petition should or should not be |
granted, and shall grant or deny the petition to expunge or |
seal the records based on the evidence presented at the |
hearing. |
(8) Service of order. After entering an order to |
expunge or
seal records, the court must provide copies of |
the order to the
Department, in a form and manner |
prescribed by the Department,
to the petitioner, to the |
State's Attorney or prosecutor
charged with the duty of |
prosecuting the offense, to the
arresting agency, to the |
chief legal officer of the unit of
local government |
effecting the arrest, and to such other
criminal justice |
agencies as may be ordered by the court. |
(9) Effect of order. |
(A) Upon entry of an order to expunge records |
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
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(i) the records shall be expunged (as defined |
in subsection (a)(1)(E)) by the arresting agency, |
the Department, and any other agency as ordered by |
the court, within 60 days of the date of service of |
the order, unless a motion to vacate, modify, or |
reconsider the order is filed pursuant to |
paragraph (12) of subsection (d) of this Section; |
(ii) the records of the circuit court clerk |
shall be impounded until further order of the court |
upon good cause shown and the name of the |
petitioner obliterated on the official index |
required to be kept by the circuit court clerk |
under Section 16 of the Clerks of Courts Act, but |
the order shall not affect any index issued by the |
circuit court clerk before the entry of the order; |
and |
(iii) in response to an inquiry for expunged |
records, the court, the Department, or the agency |
receiving such inquiry, shall reply as it does in |
response to inquiries when no records ever |
existed. |
(B) Upon entry of an order to expunge records |
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: |
(i) the records shall be expunged (as defined |
in subsection (a)(1)(E)) by the arresting agency |
and any other agency as ordered by the court, |
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within 60 days of the date of service of the order, |
unless a motion to vacate, modify, or reconsider |
the order is filed pursuant to paragraph (12) of |
subsection (d) of this Section; |
(ii) the records of the circuit court clerk |
shall be impounded until further order of the court |
upon good cause shown and the name of the |
petitioner obliterated on the official index |
required to be kept by the circuit court clerk |
under Section 16 of the Clerks of Courts Act, but |
the order shall not affect any index issued by the |
circuit court clerk before the entry of the order; |
(iii) the records shall be impounded by the
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Department within 60 days of the date of service of |
the order as ordered by the court, unless a motion |
to vacate, modify, or reconsider the order is filed |
pursuant to paragraph (12) of subsection (d) of |
this Section; |
(iv) records impounded by the Department may |
be disseminated by the Department only as required |
by law or to the arresting authority, the State's |
Attorney, and the court upon a later arrest for the |
same or a similar offense or for the purpose of |
sentencing for any subsequent felony, and to the |
Department of Corrections upon conviction for any |
offense; and |
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(v) in response to an inquiry for such records |
from anyone not authorized by law to access such |
records the court, the Department, or the agency |
receiving such inquiry shall reply as it does in |
response to inquiries when no records ever |
existed. |
(C) Upon entry of an order to seal records under |
subsection
(c), the arresting agency, any other agency |
as ordered by the court, the Department, and the court |
shall seal the records (as defined in subsection |
(a)(1)(K)). In response to an inquiry for such records |
from anyone not authorized by law to access such |
records the court, the Department, or the agency |
receiving such inquiry shall reply as it does in |
response to inquiries when no records ever existed. |
(10) Fees. The Department may charge the petitioner a |
fee equivalent to the cost of processing any order to |
expunge or seal records. Notwithstanding any provision of |
the Clerks of Courts Act to the contrary, the circuit court |
clerk may charge a fee equivalent to the cost associated |
with the sealing or expungement of records by the circuit |
court clerk. From the total filing fee collected for the |
petition to seal or expunge, the circuit court clerk shall |
deposit $10 into the Circuit Court Clerk Operation and |
Administrative Fund, to be used to offset the costs |
incurred by the circuit court clerk in performing the |
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additional duties required to serve the petition to seal or |
expunge on all parties. The circuit court clerk shall |
collect and forward the Department of State Police portion |
of the fee to the Department and it shall be deposited in |
the State Police Services Fund. |
(11) Final Order. No court order issued under the |
expungement or sealing provisions of this Section shall |
become final for purposes of appeal until 30 days after |
service of the order on the petitioner and all parties |
entitled to notice of the petition. |
(12) Motion to Vacate, Modify, or Reconsider. The |
petitioner or any party entitled to notice may file a |
motion to vacate, modify, or reconsider the order granting |
or denying the petition to expunge or seal within 60 days |
of service of the order. |
(e) Whenever a person who has been convicted of an offense |
is granted
a pardon by the Governor which specifically |
authorizes expungement, he or she may,
upon verified petition |
to the Chief Judge of the circuit where the person had
been |
convicted, any judge of the circuit designated by the Chief |
Judge, or in
counties of less than 3,000,000 inhabitants, the |
presiding trial judge at the
defendant's trial, have a court |
order entered expunging the record of
arrest from the official |
records of the arresting authority and order that the
records |
of the circuit court clerk and the Department be sealed until
|
further order of the court upon good cause shown or as |
|
otherwise provided
herein, and the name of the defendant |
obliterated from the official index
requested to be kept by the |
circuit court clerk under Section 16 of the Clerks
of Courts |
Act in connection with the arrest and conviction for the |
offense for
which he or she had been pardoned but the order |
shall not affect any index issued by
the circuit court clerk |
before the entry of the order. All records sealed by
the |
Department may be disseminated by the Department only as |
required by law or
to the arresting authority, the State's |
Attorney, and the court upon a later
arrest for the same or |
similar offense or for the purpose of sentencing for any
|
subsequent felony. Upon conviction for any subsequent offense, |
the Department
of Corrections shall have access to all sealed |
records of the Department
pertaining to that individual. Upon |
entry of the order of expungement, the
circuit court clerk |
shall promptly mail a copy of the order to the
person who was |
pardoned. |
(f) Subject to available funding, the Illinois Department
|
of Corrections shall conduct a study of the impact of sealing,
|
especially on employment and recidivism rates, utilizing a
|
random sample of those who apply for the sealing of their
|
criminal records under Public Act 93-211. At the request of the
|
Illinois Department of Corrections, records of the Illinois
|
Department of Employment Security shall be utilized as
|
appropriate to assist in the study. The study shall not
|
disclose any data in a manner that would allow the
|
|
identification of any particular individual or employing unit.
|
The study shall be made available to the General Assembly no
|
later than September 1, 2010.
|
(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; |
96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. |
7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, |
eff. 8-19-11; revised 9-6-11.)
|
Section 10. The Criminal Code of 1961 is amended by |
changing Sections 11-9.3 and 11-9.4-1 as follows:
|
(720 ILCS 5/11-9.3)
|
Sec. 11-9.3. Presence within school zone by child sex
|
offenders prohibited; approaching, contacting, residing with, |
or communicating with a child within certain places by child |
sex offenders prohibited.
|
(a) It is unlawful for a child sex offender to knowingly be |
present in any
school building, on real property comprising any |
school, or in any conveyance
owned, leased, or contracted by a |
school to transport students to or from
school or a school |
related activity when persons under the age of 18 are
present |
in the building, on the grounds or in
the conveyance, unless |
the offender is a parent or guardian of a student attending the |
school and the parent or guardian is: (i) attending a |
conference at the school with school personnel to discuss the |
progress of his or her child academically or socially, (ii) |
|
participating in child review conferences in which evaluation |
and placement decisions may be made with respect to his or her |
child regarding special education services, or (iii) attending |
conferences to discuss other student issues concerning his or |
her child such as retention and promotion and notifies the |
principal of the school of his or her presence at the school or |
unless the
offender has permission to be present from the
|
superintendent or the school board or in the case of a private |
school from the
principal. In the case of a public school, if |
permission is granted, the
superintendent or school board |
president must inform the principal of the
school where the sex |
offender will be present. Notification includes the
nature of |
the sex offender's visit and the hours in which the sex |
offender will
be present in the school. The sex offender is |
responsible for notifying the
principal's office when he or she |
arrives on school property and when he or she
departs from |
school property. If the sex offender is to be present in the
|
vicinity of children, the sex offender has the duty to remain |
under the direct
supervision of a school official.
|
(a-5) It is unlawful for a child sex offender to knowingly |
be present within 100 feet of a site posted as a pick-up or |
discharge stop for a conveyance owned, leased, or contracted by |
a school to transport students to or from school or a school |
related activity when one or more persons under the age of 18 |
are present at the site.
|
(a-10) It is unlawful for a child sex offender to knowingly |
|
be present in any
public park building or on real property |
comprising any public park
when persons under the age of
18 are
|
present in the building or on the grounds
and to approach, |
contact, or communicate with a child under 18 years of
age,
|
unless the
offender
is a parent or guardian of a person under |
18 years of age present in the
building or on the
grounds. |
(b) It is unlawful for a child sex offender to knowingly |
loiter within 500 feet of a school building or real property |
comprising any school
while persons under the age of 18 are |
present in the building or on the
grounds,
unless the offender |
is a parent or guardian of a student attending the school and |
the parent or guardian is: (i) attending a conference at the |
school with school personnel to discuss the progress of his or |
her child academically or socially, (ii) participating in child |
review conferences in which evaluation and placement decisions |
may be made with respect to his or her child regarding special |
education services, or (iii) attending conferences to discuss |
other student issues concerning his or her child such as |
retention and promotion and notifies the principal of the |
school of his or her presence at the school or has permission |
to be present from the
superintendent or the school board or in |
the case of a private school from the
principal. In the case of |
a public school, if permission is granted, the
superintendent |
or school board president must inform the principal of the
|
school where the sex offender will be present. Notification |
includes the
nature of the sex offender's visit and the hours |
|
in which the sex offender will
be present in the school. The |
sex offender is responsible for notifying the
principal's |
office when he or she arrives on school property and when he or |
she
departs from school property. If the sex offender is to be |
present in the
vicinity of children, the sex offender has the |
duty to remain under the direct
supervision of a school |
official.
|
(b-2) It is unlawful for a child sex offender to knowingly |
loiter on a public
way within 500 feet of a public park |
building or real property comprising any
public park
while |
persons under the age of 18 are present in the building or on |
the
grounds
and to approach, contact, or communicate with a |
child under 18 years of
age,
unless the offender
is a parent or |
guardian of a person under 18 years of age present in the
|
building or on the grounds. |
(b-5) It is unlawful for a child sex offender to knowingly |
reside within
500 feet of a school building or the real |
property comprising any school that
persons under the age of 18 |
attend. Nothing in this subsection (b-5) prohibits
a child sex |
offender from residing within 500 feet of a school building or |
the
real property comprising any school that persons under 18 |
attend if the
property is owned by the child sex offender and |
was purchased before July 7, 2000 (the
effective date of Public |
Act 91-911) this amendatory Act of the 91st General Assembly.
|
(b-10) It is unlawful for a child sex offender to knowingly |
reside within
500 feet of a playground, child care institution, |
|
day care center, part day child care facility, day care home, |
group day care home, or a facility providing programs or |
services
exclusively directed toward persons under 18 years of |
age. Nothing in this
subsection (b-10) prohibits a child sex |
offender from residing within 500 feet
of a playground or a |
facility providing programs or services exclusively
directed |
toward persons under 18 years of age if the property is owned |
by the
child sex offender and was purchased before July 7, |
2000. Nothing in this
subsection (b-10) prohibits a child sex |
offender from residing within 500 feet
of a child care |
institution, day care center, or part day child care facility |
if the property is owned by the
child sex offender and was |
purchased before June 26, 2006. Nothing in this subsection |
(b-10) prohibits a child sex offender from residing within 500 |
feet of a day care home or group day care home if the property |
is owned by the child sex offender and was purchased before |
August 14, 2008 (the effective date of Public Act 95-821). |
(b-15) It is unlawful for a child sex offender to knowingly |
reside within
500 feet of the victim of the sex offense. |
Nothing in this
subsection (b-15) prohibits a child sex |
offender from residing within 500 feet
of the victim if the |
property in which the child sex offender resides is owned by |
the
child sex offender and was purchased before August 22, |
2002. |
This subsection (b-15) does not apply if the victim of the |
sex offense
is 21 years of age or older. |
|
(b-20) It is unlawful for a child sex offender to knowingly |
communicate, other than for a lawful purpose under Illinois |
law, using the Internet or any other digital media, with a |
person under 18 years of age or with a person whom he or she |
believes to be a person under 18 years of age,
unless the |
offender
is a parent or guardian of the person under 18 years |
of age. |
(c) It is unlawful for a child sex offender to knowingly |
operate, manage,
be employed by, volunteer at, be associated |
with, or knowingly be present at
any: (i) facility providing
|
programs or services exclusively directed toward persons under |
the age of 18; (ii) day care center; (iii) part day child care |
facility; (iv) child care institution; (v) school providing |
before and after school programs for children under 18 years of |
age; (vi) day care home; or (vii) group day care home.
This |
does not prohibit a child sex offender from owning the real |
property upon
which the programs or services are offered or |
upon which the day care center, part day child care facility, |
child care institution, or school providing before and after |
school programs for children under 18 years of age is located, |
provided the child sex offender
refrains from being present on |
the premises for the hours during which: (1) the
programs or |
services are being offered or (2) the day care center, part day |
child care facility, child care institution, or school |
providing before and after school programs for children under |
18 years of age, day care home, or group day care home is |
|
operated. |
(c-5) It is unlawful for a child sex offender to knowingly |
operate, manage, be employed by, or be associated with any |
county fair when persons under the age of 18 are present. |
(c-6) It is unlawful for a child sex offender who owns and |
resides at residential real estate to knowingly rent any |
residential unit within the same building in which he or she |
resides to a person who is the parent or guardian of a child or |
children under 18 years of age. This subsection shall apply |
only to leases or other rental arrangements entered into after |
January 1, 2009 (the effective date of Public Act 95-820). |
(c-7) It is unlawful for a child sex offender to knowingly |
offer or provide any programs or services to persons under 18 |
years of age in his or her residence or the residence of |
another or in any facility for the purpose of offering or |
providing such programs or services, whether such programs or |
services are offered or provided by contract, agreement, |
arrangement, or on a volunteer basis. |
(c-8) It is unlawful for a child sex offender to knowingly |
operate, whether authorized to do so or not, any of the |
following vehicles: (1) a vehicle which is specifically |
designed, constructed or modified and equipped to be used for |
the retail sale of food or beverages, including but not limited |
to an ice cream truck; (2) an authorized emergency vehicle; or |
(3) a rescue vehicle. |
(d) Definitions. In this Section:
|
|
(1) "Child sex offender" means any person who:
|
(i) has been charged under Illinois law, or any |
substantially similar
federal law
or law of another |
state, with a sex offense set forth in
paragraph (2) of |
this subsection (d) or the attempt to commit an |
included sex
offense, and the victim is a person under |
18 years of age at the time of the offense; and:
|
(A) is convicted of such offense or an attempt |
to commit such offense;
or
|
(B) is found not guilty by reason of insanity |
of such offense or an
attempt to commit such |
offense; or
|
(C) is found not guilty by reason of insanity |
pursuant to subsection
(c) of Section 104-25 of the |
Code of Criminal Procedure of 1963 of such offense
|
or an attempt to commit such offense; or
|
(D) is the subject of a finding not resulting |
in an acquittal at a
hearing conducted pursuant to |
subsection (a) of Section 104-25 of the Code of
|
Criminal Procedure of 1963 for the alleged |
commission or attempted commission
of such |
offense; or
|
(E) is found not guilty by reason of insanity |
following a hearing
conducted pursuant to a |
federal law or the law of another state |
substantially
similar to subsection (c) of Section |
|
104-25 of the Code of Criminal Procedure
of 1963 of |
such offense or of the attempted commission of such |
offense; or
|
(F) is the subject of a finding not resulting |
in an acquittal at a
hearing
conducted pursuant to |
a federal law or the law of another state |
substantially
similar to subsection (a) of Section |
104-25 of the Code of Criminal Procedure
of 1963 |
for the alleged violation or attempted commission |
of such offense; or
|
(ii) is certified as a sexually dangerous person |
pursuant to the
Illinois
Sexually Dangerous Persons |
Act, or any substantially similar federal
law or the |
law of another state, when any conduct giving rise to |
such
certification is committed or attempted against a |
person less than 18 years of
age; or
|
(iii) is subject to the provisions of Section 2 of |
the Interstate
Agreements on Sexually Dangerous |
Persons Act.
|
Convictions that result from or are connected with the |
same act, or result
from offenses committed at the same |
time, shall be counted for the purpose of
this Section as |
one conviction. Any conviction set aside pursuant to law is
|
not a conviction for purposes of this Section.
|
(2) Except as otherwise provided in paragraph (2.5), |
"sex offense"
means:
|
|
(i) A violation of any of the following Sections of |
the Criminal Code of
1961: 10-4 (forcible detention), |
10-7 (aiding or abetting child abduction under Section |
10-5(b)(10)),
10-5(b)(10) (child luring), 11-1.40 |
(predatory criminal sexual assault of a child), 11-6 |
(indecent solicitation of a child), 11-6.5
(indecent |
solicitation of an adult),
11-9.1 (sexual exploitation |
of a child), 11-9.2 (custodial sexual misconduct), |
11-9.5 (sexual misconduct with a person with a |
disability), 11-11 (sexual relations within families), |
11-14.3(a)(1) (promoting prostitution by advancing |
prostitution), 11-14.3(a)(2)(A) (promoting |
prostitution by profiting from prostitution by |
compelling a person to be a prostitute), |
11-14.3(a)(2)(C) (promoting prostitution by profiting |
from prostitution by means other than as described in |
subparagraphs (A) and (B) of paragraph (2) of |
subsection (a) of Section 11-14.3), 11-14.4 (promoting |
juvenile prostitution), 11-18.1
(patronizing a |
juvenile prostitute), 11-20.1 (child pornography), |
11-20.1B (aggravated child pornography), 11-21 |
(harmful
material), 11-25 (grooming), 11-26 (traveling |
to meet a minor), 12-33 (ritualized abuse of a
child), |
11-20 (obscenity) (when that offense was committed in |
any school, on
real property comprising any school, in |
any conveyance owned,
leased, or contracted by a school |
|
to transport students to or from school or a
school |
related activity, or in a public park), 11-30 (public |
indecency) (when committed in a school, on real |
property
comprising a school, in any conveyance owned, |
leased, or contracted by a
school to transport students |
to or from school or a school related activity, or in a |
public park). An attempt to commit any of these |
offenses.
|
(ii) A violation of any of the following Sections |
of the Criminal Code
of 1961, when the victim is a |
person under 18 years of age: 11-1.20 (criminal
sexual |
assault), 11-1.30 (aggravated criminal sexual |
assault), 11-1.50 (criminal
sexual abuse), 11-1.60 |
(aggravated criminal sexual abuse). An attempt to |
commit
any of these offenses.
|
(iii) A violation of any of the following Sections |
of the Criminal Code
of 1961, when the victim is a |
person under 18 years of age and the defendant is
not a |
parent of the victim:
|
10-1 (kidnapping),
|
10-2 (aggravated kidnapping),
|
10-3 (unlawful restraint),
|
10-3.1 (aggravated unlawful restraint), .
|
11-9.1(A) (permitting sexual abuse of a child).
|
An attempt to commit any of these offenses.
|
(iv) A violation of any former law of this State |
|
substantially
equivalent to any offense listed in |
clause (2)(i) of subsection (d) of this
Section.
|
(2.5) For the purposes of subsections (b-5) and (b-10) |
only, a sex offense means:
|
(i) A violation of any of the following Sections of |
the Criminal Code of
1961:
|
10-5(b)(10) (child luring), 10-7 (aiding or |
abetting child abduction
under Section 10-5(b)(10)), |
11-1.40 (predatory criminal sexual assault of a |
child), 11-6 (indecent solicitation of
a
child), |
11-6.5 (indecent solicitation of an adult), 11-9.2 |
(custodial sexual misconduct), 11-9.5 (sexual |
misconduct with a person with a disability), 11-11 |
(sexual relations within families), 11-14.3(a)(1) |
(promoting prostitution by advancing prostitution), |
11-14.3(a)(2)(A) (promoting prostitution by profiting |
from prostitution by compelling a person to be a |
prostitute), 11-14.3(a)(2)(C) (promoting prostitution |
by profiting from prostitution by means other than as |
described in subparagraphs (A) and (B) of paragraph (2) |
of subsection (a) of Section 11-14.3), 11-14.4 |
(promoting juvenile prostitution), 11-18.1
|
(patronizing a juvenile prostitute), 11-20.1 (child |
pornography), 11-20.1B (aggravated child pornography), |
11-25 (grooming), 11-26 (traveling to meet a minor), or |
12-33 (ritualized abuse of a
child). An attempt
to |
|
commit any of
these offenses.
|
(ii) A violation of any of the following Sections |
of the Criminal Code
of 1961, when the victim is a |
person under 18 years of age: 11-1.20 (criminal
sexual |
assault), 11-1.30 (aggravated criminal sexual |
assault), 11-1.60
(aggravated criminal sexual abuse), |
and subsection (a) of Section 11-1.50
(criminal sexual |
abuse). An attempt to commit
any of these offenses.
|
(iii) A violation of any of the following Sections |
of the Criminal Code
of 1961, when the victim is a |
person under 18 years of age and the defendant is
not a |
parent of the victim:
|
10-1 (kidnapping),
|
10-2 (aggravated kidnapping),
|
10-3 (unlawful restraint),
|
10-3.1 (aggravated unlawful restraint), .
|
11-9.1(A) (permitting sexual abuse of a child).
|
An attempt to commit any of these offenses.
|
(iv) A violation of any former law of this State |
substantially
equivalent to any offense listed in this |
paragraph (2.5) of
this subsection.
|
(3) A conviction for an offense of federal law or the |
law of another state
that is substantially equivalent to |
any offense listed in paragraph (2) of
subsection (d) of |
this Section shall constitute a conviction for the purpose |
of
this Section. A finding or adjudication as a sexually |
|
dangerous person under
any federal law or law of another |
state that is substantially equivalent to the
Sexually |
Dangerous Persons Act shall constitute an adjudication for |
the
purposes of this Section.
|
(4) "Authorized emergency vehicle", "rescue vehicle", |
and "vehicle" have the meanings ascribed to them in |
Sections 1-105, 1-171.8 and 1-217, respectively, of the |
Illinois Vehicle Code. |
(5) "Child care institution" has the meaning ascribed |
to it in Section 2.06 of the Child Care Act of 1969. |
(6) "Day care center" has the meaning ascribed to it in |
Section 2.09 of the Child Care Act of 1969. |
(7) "Day care home" has the meaning ascribed to it in |
Section 2.18 of the Child Care Act of 1969. |
(8) "Facility providing programs or services directed |
towards persons under the age of 18" means any facility |
providing programs or services exclusively directed |
towards persons under the age of 18. |
(9) "Group day care home" has the meaning ascribed to |
it in Section 2.20 of the Child Care Act of 1969. |
(10) "Internet" has the meaning set forth in Section |
16J-5 of this Code.
|
(11) "Loiter" means:
|
(i) Standing, sitting idly, whether or not the |
person is in a vehicle, or
remaining in or around |
school or public park property.
|
|
(ii) Standing, sitting idly, whether or not the |
person is in a vehicle,
or remaining in or around |
school or public park property, for the purpose of |
committing or
attempting to commit a sex offense.
|
(iii) Entering or remaining in a building in or |
around school property, other than the offender's |
residence. |
(12) "Part day child care facility" has the meaning |
ascribed to it in Section 2.10 of the Child Care Act of |
1969. |
(13) "Playground" means a piece of land owned or |
controlled by a unit
of
local government that is designated |
by the unit of local government for use
solely or primarily |
for children's recreation. |
(14) "Public park" includes a park, forest preserve, |
bikeway, trail, or
conservation
area
under the |
jurisdiction of the State or a unit of local government. |
(15) "School" means a public or private preschool or |
elementary or secondary school.
|
(16) "School official"
means the principal, a teacher, |
or any other certified employee of the
school, the |
superintendent of schools or a member of the school board.
|
(e) For the purposes of this Section, the 500 feet distance |
shall be measured from: (1) the edge of the property of the |
school building or the real property comprising the school that |
is closest to the edge of the property of the child sex |
|
offender's residence or where he or she is loitering, and (2) |
the edge of the property comprising the public park building or |
the real property comprising the public park, playground, child |
care institution, day care center, part day child care |
facility, or facility providing programs or services |
exclusively directed toward persons under 18 years of age, or a |
victim of the sex offense who is under 21 years of age, to the |
edge of the child sex offender's place of residence or place |
where he or she is loitering.
|
(f) Sentence. A person who violates this Section is guilty |
of a Class 4
felony.
|
(Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07; |
95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08; |
96-328, eff. 8-11-09; 96-710, eff. 1-1-10; 96-1551, eff. |
7-1-11.)
|
(720 ILCS 5/11-9.4-1) |
Sec. 11-9.4-1. Sexual predator and child sex offender; |
presence or loitering in or near public parks prohibited. |
(a) For the purposes of this Section: |
"Child sex offender" has the meaning ascribed to it in |
subsection (d) of Section 11-9.3 11-9.4 of this Code, but |
does not include as a sex offense under paragraph (2) of |
subsection (d) of Section 11-9.3 11-9.4, the offenses under |
subsections (b) and (c) of Section 11-1.50 or subsections |
(b) and (c) of Section 12-15 of this Code. |
|
"Public park" includes a park, forest preserve, |
bikeway, trail, or
conservation
area
under the |
jurisdiction of the State or a unit of local government. |
"Loiter" means: |
(i) Standing, sitting idly, whether or not the |
person is in a vehicle or
remaining in or around public |
park property. |
(ii) Standing, sitting idly, whether or not the |
person is in a vehicle
or remaining in or around public |
park property, for the purpose of committing
or
|
attempting to commit a sex offense. |
"Sexual predator" has the meaning ascribed to it in |
subsection (E) of Section 2 of the Sex Offender |
Registration Act. |
(b) It is unlawful for a sexual predator or a child sex |
offender to knowingly be present in any
public park building or |
on real property comprising any public park. |
(c) It is unlawful for a sexual predator or a child sex |
offender to knowingly loiter on a public
way within 500 feet of |
a public park building or real property comprising any
public |
park.
For the purposes of this subsection (c), the 500 feet |
distance shall be measured from the edge of the property |
comprising the public park building or the real property |
comprising the public park. |
(d) Sentence. A person who violates this Section is guilty |
of a Class A misdemeanor, except that a second or subsequent |
