Bill Amendment: IL HB0218 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CANNABIS PENALTIES
Status: 2015-09-09 - Bill Dead - No Positive Action Taken - Amendatory Veto [HB0218 Detail]
Download: Illinois-2015-HB0218-House_Amendment_001.html
Bill Title: CANNABIS PENALTIES
Status: 2015-09-09 - Bill Dead - No Positive Action Taken - Amendatory Veto [HB0218 Detail]
Download: Illinois-2015-HB0218-House_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 218
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 218 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Criminal Identification Act is amended by | ||||||
5 | changing Section 5.2 as follows:
| ||||||
6 | (20 ILCS 2630/5.2)
| ||||||
7 | Sec. 5.2. Expungement and sealing. | ||||||
8 | (a) General Provisions. | ||||||
9 | (1) Definitions. In this Act, words and phrases have
| ||||||
10 | the meanings set forth in this subsection, except when a
| ||||||
11 | particular context clearly requires a different meaning. | ||||||
12 | (A) The following terms shall have the meanings | ||||||
13 | ascribed to them in the Unified Code of Corrections, | ||||||
14 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
15 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
16 | (ii) Charge (730 ILCS 5/5-1-3), |
| |||||||
| |||||||
1 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
2 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
3 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
4 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
5 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
6 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
7 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
8 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
9 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
10 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
11 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
12 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
13 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
14 | (B) As used in this Section, "charge not initiated | ||||||
15 | by arrest" means a charge (as defined by 730 ILCS | ||||||
16 | 5/5-1-3) brought against a defendant where the | ||||||
17 | defendant is not arrested prior to or as a direct | ||||||
18 | result of the charge. | ||||||
19 | (C) "Conviction" means a judgment of conviction or | ||||||
20 | sentence entered upon a plea of guilty or upon a | ||||||
21 | verdict or finding of guilty of an offense, rendered by | ||||||
22 | a legally constituted jury or by a court of competent | ||||||
23 | jurisdiction authorized to try the case without a jury. | ||||||
24 | An order of supervision successfully completed by the | ||||||
25 | petitioner is not a conviction. An order of qualified | ||||||
26 | probation (as defined in subsection (a)(1)(J)) |
| |||||||
| |||||||
1 | successfully completed by the petitioner is not a | ||||||
2 | conviction. An order of supervision or an order of | ||||||
3 | qualified probation that is terminated | ||||||
4 | unsatisfactorily is a conviction, unless the | ||||||
5 | unsatisfactory termination is reversed, vacated, or | ||||||
6 | modified and the judgment of conviction, if any, is | ||||||
7 | reversed or vacated. | ||||||
8 | (D) "Criminal offense" means a petty offense, | ||||||
9 | business offense, misdemeanor, felony, or municipal | ||||||
10 | ordinance violation (as defined in subsection | ||||||
11 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
12 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
13 | be considered a criminal offense. | ||||||
14 | (E) "Expunge" means to physically destroy the | ||||||
15 | records or return them to the petitioner and to | ||||||
16 | obliterate the petitioner's name from any official | ||||||
17 | index or public record, or both. Nothing in this Act | ||||||
18 | shall require the physical destruction of the circuit | ||||||
19 | court file, but such records relating to arrests or | ||||||
20 | charges, or both, ordered expunged shall be impounded | ||||||
21 | as required by subsections (d)(9)(A)(ii) and | ||||||
22 | (d)(9)(B)(ii). | ||||||
23 | (F) As used in this Section, "last sentence" means | ||||||
24 | the sentence, order of supervision, or order of | ||||||
25 | qualified probation (as defined by subsection | ||||||
26 | (a)(1)(J)), for a criminal offense (as defined by |
| |||||||
| |||||||
1 | subsection (a)(1)(D)) that terminates last in time in | ||||||
2 | any jurisdiction, regardless of whether the petitioner | ||||||
3 | has included the criminal offense for which the | ||||||
4 | sentence or order of supervision or qualified | ||||||
5 | probation was imposed in his or her petition. If | ||||||
6 | multiple sentences, orders of supervision, or orders | ||||||
7 | of qualified probation terminate on the same day and | ||||||
8 | are last in time, they shall be collectively considered | ||||||
9 | the "last sentence" regardless of whether they were | ||||||
10 | ordered to run concurrently. | ||||||
11 | (G) "Minor traffic offense" means a petty offense, | ||||||
12 | business offense, or Class C misdemeanor under the | ||||||
13 | Illinois Vehicle Code or a similar provision of a | ||||||
14 | municipal or local ordinance. | ||||||
15 | (H) "Municipal ordinance violation" means an | ||||||
16 | offense defined by a municipal or local ordinance that | ||||||
17 | is criminal in nature and with which the petitioner was | ||||||
18 | charged or for which the petitioner was arrested and | ||||||
19 | released without charging. | ||||||
20 | (I) "Petitioner" means an adult or a minor | ||||||
21 | prosecuted as an
adult who has applied for relief under | ||||||
22 | this Section. | ||||||
23 | (J) "Qualified probation" means an order of | ||||||
24 | probation under Section 10 of the Cannabis Control Act, | ||||||
25 | Section 410 of the Illinois Controlled Substances Act, | ||||||
26 | Section 70 of the Methamphetamine Control and |
| |||||||
| |||||||
1 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
2 | of the Unified Code of Corrections, Section | ||||||
3 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
4 | those provisions existed before their deletion by | ||||||
5 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
6 | Alcoholism and Other Drug Dependency Act, Section | ||||||
7 | 40-10 of the Alcoholism and Other Drug Abuse and | ||||||
8 | Dependency Act, or Section 10 of the Steroid Control | ||||||
9 | Act. For the purpose of this Section, "successful | ||||||
10 | completion" of an order of qualified probation under | ||||||
11 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
12 | Drug Dependency Act and Section 40-10 of the Alcoholism | ||||||
13 | and Other Drug Abuse and Dependency Act means that the | ||||||
14 | probation was terminated satisfactorily and the | ||||||
15 | judgment of conviction was vacated. | ||||||
16 | (K) "Seal" means to physically and electronically | ||||||
17 | maintain the records, unless the records would | ||||||
18 | otherwise be destroyed due to age, but to make the | ||||||
19 | records unavailable without a court order, subject to | ||||||
20 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
21 | petitioner's name shall also be obliterated from the | ||||||
22 | official index required to be kept by the circuit court | ||||||
23 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
24 | any index issued by the circuit court clerk before the | ||||||
25 | entry of the order to seal shall not be affected. | ||||||
26 | (L) "Sexual offense committed against a minor" |
| |||||||
| |||||||
1 | includes but is
not limited to the offenses of indecent | ||||||
2 | solicitation of a child
or criminal sexual abuse when | ||||||
3 | the victim of such offense is
under 18 years of age. | ||||||
4 | (M) "Terminate" as it relates to a sentence or | ||||||
5 | order of supervision or qualified probation includes | ||||||
6 | either satisfactory or unsatisfactory termination of | ||||||
7 | the sentence, unless otherwise specified in this | ||||||
8 | Section. | ||||||
9 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
10 | convictions for minor traffic offenses shall not affect a | ||||||
11 | petitioner's eligibility to expunge or seal records | ||||||
12 | pursuant to this Section. | ||||||
13 | (2.5) Commencing 180 days after the effective date of | ||||||
14 | this amendatory Act of the 99th General Assembly, the law | ||||||
15 | enforcement agency issuing the citation shall | ||||||
16 | automatically expunge, on or before January 1 and July 1 of | ||||||
17 | each year, the law enforcement records of a person found to | ||||||
18 | have committed a civil law violation of subsection (a) of | ||||||
19 | Section 4 of the Cannabis Control Act or subsection (c) of | ||||||
20 | Section 3.5 of the Drug Paraphernalia Control Act in the | ||||||
21 | law enforcement agency's possession or control and which | ||||||
22 | contains the final satisfactory disposition which pertain | ||||||
23 | to the person issued a citation for that offense.
The law | ||||||
24 | enforcement agency shall allow a person to use an Access | ||||||
25 | and Review process, as established in the Department of | ||||||
26 | State Police, for verifying that his or her law enforcement |
| |||||||
| |||||||
1 | records eligible under this paragraph (2.5) have been | ||||||
2 | expunged as provided in this paragraph.
The law enforcement | ||||||
3 | agency shall provide by rule the process for access, | ||||||
4 | review, and automatic expungement.
Commencing 180 days | ||||||
5 | after the effective date of this amendatory Act of the 99th | ||||||
6 | General Assembly, the clerk of the circuit court shall | ||||||
7 | automatically expunge, on or before January 1 and July 1 of | ||||||
8 | each year, the court records of a person found in the | ||||||
9 | circuit court to have committed a civil law violation of | ||||||
10 | subsection (a) of Section 4 of the Cannabis Control Act or | ||||||
11 | subsection (c) of Section 3.5 of the Drug Paraphernalia | ||||||
12 | Control Act in the clerk's possession or control and which | ||||||
13 | contains the final satisfactory disposition which pertain | ||||||
14 | to the person issued a citation for any of those offenses. | ||||||
15 | (3) Exclusions. Except as otherwise provided in | ||||||
16 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
17 | of this Section, the court shall not order: | ||||||
18 | (A) the sealing or expungement of the records of | ||||||
19 | arrests or charges not initiated by arrest that result | ||||||
20 | in an order of supervision for or conviction of:
(i) | ||||||
21 | any sexual offense committed against a
minor; (ii) | ||||||
22 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
23 | similar provision of a local ordinance; or (iii) | ||||||
24 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
25 | similar provision of a local ordinance, unless the | ||||||
26 | arrest or charge is for a misdemeanor violation of |
| |||||||
| |||||||
1 | subsection (a) of Section 11-503 or a similar provision | ||||||
2 | of a local ordinance, that occurred prior to the | ||||||
3 | offender reaching the age of 25 years and the offender | ||||||
4 | has no other conviction for violating Section 11-501 or | ||||||
5 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
6 | provision of a local ordinance. | ||||||
7 | (B) the sealing or expungement of records of minor | ||||||
8 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
9 | unless the petitioner was arrested and released | ||||||
10 | without charging. | ||||||
11 | (C) the sealing of the records of arrests or | ||||||
12 | charges not initiated by arrest which result in an | ||||||
13 | order of supervision or a conviction for the following | ||||||
14 | offenses: | ||||||
15 | (i) offenses included in Article 11 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
17 | or a similar provision of a local ordinance, except | ||||||
18 | Section 11-14 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012, or a similar provision of a | ||||||
20 | local ordinance; | ||||||
21 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
22 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012, or a similar provision of a | ||||||
24 | local ordinance; | ||||||
25 | (iii) Sections 12-3.1 or 12-3.2 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012, |
| |||||||
| |||||||
1 | or Section 125 of the Stalking No Contact Order | ||||||
2 | Act, or Section 219 of the Civil No Contact Order | ||||||
3 | Act, or a similar provision of a local ordinance; | ||||||
4 | (iv) offenses which are Class A misdemeanors | ||||||
5 | under the Humane Care for Animals Act; or | ||||||
6 | (v) any offense or attempted offense that | ||||||
7 | would subject a person to registration under the | ||||||
8 | Sex Offender Registration Act. | ||||||
9 | (D) the sealing of the records of an arrest which | ||||||
10 | results in
the petitioner being charged with a felony | ||||||
11 | offense or records of a charge not initiated by arrest | ||||||
12 | for a felony offense unless: | ||||||
13 | (i) the charge is amended to a misdemeanor and | ||||||
14 | is otherwise
eligible to be sealed pursuant to | ||||||
15 | subsection (c); | ||||||
16 | (ii) the charge is brought along with another | ||||||
17 | charge as a part of one case and the charge results | ||||||
18 | in acquittal, dismissal, or conviction when the | ||||||
19 | conviction was reversed or vacated, and another | ||||||
20 | charge brought in the same case results in a | ||||||
21 | disposition for a misdemeanor offense that is | ||||||
22 | eligible to be sealed pursuant to subsection (c) or | ||||||
23 | a disposition listed in paragraph (i), (iii), or | ||||||
24 | (iv) of this subsection; | ||||||
25 | (iii) the charge results in first offender | ||||||
26 | probation as set forth in subsection (c)(2)(E); |
| |||||||
| |||||||
1 | (iv) the charge is for a felony offense listed | ||||||
2 | in subsection (c)(2)(F) or the charge is amended to | ||||||
3 | a felony offense listed in subsection (c)(2)(F); | ||||||
4 | (v) the charge results in acquittal, | ||||||
5 | dismissal, or the petitioner's release without | ||||||
6 | conviction; or | ||||||
7 | (vi) the charge results in a conviction, but | ||||||
8 | the conviction was reversed or vacated. | ||||||
9 | (b) Expungement. | ||||||
10 | (1) A petitioner may petition the circuit court to | ||||||
11 | expunge the
records of his or her arrests and charges not | ||||||
12 | initiated by arrest when: | ||||||
13 | (A) He or she has never been convicted of a | ||||||
14 | criminal offense; and | ||||||
15 | (B) Each arrest or charge not initiated by arrest
| ||||||
16 | sought to be expunged resulted in:
(i) acquittal, | ||||||
17 | dismissal, or the petitioner's release without | ||||||
18 | charging, unless excluded by subsection (a)(3)(B);
| ||||||
19 | (ii) a conviction which was vacated or reversed, unless | ||||||
20 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
21 | supervision and such supervision was successfully | ||||||
22 | completed by the petitioner, unless excluded by | ||||||
23 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
24 | qualified probation (as defined in subsection | ||||||
25 | (a)(1)(J)) and such probation was successfully | ||||||
26 | completed by the petitioner. |
| |||||||
| |||||||
1 | (2) Time frame for filing a petition to expunge. | ||||||
2 | (A) When the arrest or charge not initiated by | ||||||
3 | arrest sought to be expunged resulted in an acquittal, | ||||||
4 | dismissal, the petitioner's release without charging, | ||||||
5 | or the reversal or vacation of a conviction, there is | ||||||
6 | no waiting period to petition for the expungement of | ||||||
7 | such records. | ||||||
8 | (B) When the arrest or charge not initiated by | ||||||
9 | arrest
sought to be expunged resulted in an order of | ||||||
10 | supervision, successfully
completed by the petitioner, | ||||||
11 | the following time frames will apply: | ||||||
12 | (i) Those arrests or charges that resulted in | ||||||
13 | orders of
supervision under Section 3-707, 3-708, | ||||||
14 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
15 | similar provision of a local ordinance, or under | ||||||
16 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
18 | similar provision of a local ordinance, shall not | ||||||
19 | be eligible for expungement until 5 years have | ||||||
20 | passed following the satisfactory termination of | ||||||
21 | the supervision. | ||||||
22 | (i-5) Those arrests or charges that resulted | ||||||
23 | in orders of supervision for a misdemeanor | ||||||
24 | violation of subsection (a) of Section 11-503 of | ||||||
25 | the Illinois Vehicle Code or a similar provision of | ||||||
26 | a local ordinance, that occurred prior to the |
| |||||||
| |||||||
1 | offender reaching the age of 25 years and the | ||||||
2 | offender has no other conviction for violating | ||||||
3 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
4 | Code or a similar provision of a local ordinance | ||||||
5 | shall not be eligible for expungement until the | ||||||
6 | petitioner has reached the age of 25 years. | ||||||
7 | (ii) Those arrests or charges that resulted in | ||||||
8 | orders
of supervision for any other offenses shall | ||||||
9 | not be
eligible for expungement until 2 years have | ||||||
10 | passed
following the satisfactory termination of | ||||||
11 | the supervision. | ||||||
12 | (C) When the arrest or charge not initiated by | ||||||
13 | arrest sought to
be expunged resulted in an order of | ||||||
14 | qualified probation, successfully
completed by the | ||||||
15 | petitioner, such records shall not be eligible for
| ||||||
16 | expungement until 5 years have passed following the | ||||||
17 | satisfactory
termination of the probation. | ||||||
18 | (3) Those records maintained by the Department for
| ||||||
19 | persons arrested prior to their 17th birthday shall be
| ||||||
20 | expunged as provided in Section 5-915 of the Juvenile Court
| ||||||
21 | Act of 1987. | ||||||
22 | (4) Whenever a person has been arrested for or | ||||||
23 | convicted of any
offense, in the name of a person whose | ||||||
24 | identity he or she has stolen or otherwise
come into | ||||||
25 | possession of, the aggrieved person from whom the identity
| ||||||
26 | was stolen or otherwise obtained without authorization,
|
| |||||||
| |||||||
1 | upon learning of the person having been arrested using his
| ||||||
2 | or her identity, may, upon verified petition to the chief | ||||||
3 | judge of
the circuit wherein the arrest was made, have a | ||||||
4 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
5 | correct the
arrest record, conviction record, if any, and | ||||||
6 | all official
records of the arresting authority, the | ||||||
7 | Department, other
criminal justice agencies, the | ||||||
8 | prosecutor, and the trial
court concerning such arrest, if | ||||||
9 | any, by removing his or her name
from all such records in | ||||||
10 | connection with the arrest and
conviction, if any, and by | ||||||
11 | inserting in the records the
name of the offender, if known | ||||||
12 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
13 | records of the circuit court clerk shall be sealed until | ||||||
14 | further order of
the court upon good cause shown and the | ||||||
15 | name of the
aggrieved person obliterated on the official | ||||||
16 | index
required to be kept by the circuit court clerk under
| ||||||
17 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
18 | not affect any index issued by the circuit court clerk
| ||||||
19 | before the entry of the order. Nothing in this Section
| ||||||
20 | shall limit the Department of State Police or other
| ||||||
21 | criminal justice agencies or prosecutors from listing
| ||||||
22 | under an offender's name the false names he or she has
| ||||||
23 | used. | ||||||
24 | (5) Whenever a person has been convicted of criminal
| ||||||
25 | sexual assault, aggravated criminal sexual assault,
| ||||||
26 | predatory criminal sexual assault of a child, criminal
|
| |||||||
| |||||||
1 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
2 | victim of that offense may request that the State's
| ||||||
3 | Attorney of the county in which the conviction occurred
| ||||||
4 | file a verified petition with the presiding trial judge at
| ||||||
5 | the petitioner's trial to have a court order entered to | ||||||
6 | seal
the records of the circuit court clerk in connection
| ||||||
7 | with the proceedings of the trial court concerning that
| ||||||
8 | offense. However, the records of the arresting authority
| ||||||
9 | and the Department of State Police concerning the offense
| ||||||
10 | shall not be sealed. The court, upon good cause shown,
| ||||||
11 | shall make the records of the circuit court clerk in
| ||||||
12 | connection with the proceedings of the trial court
| ||||||
13 | concerning the offense available for public inspection. | ||||||
14 | (6) If a conviction has been set aside on direct review
| ||||||
15 | or on collateral attack and the court determines by clear
| ||||||
16 | and convincing evidence that the petitioner was factually
| ||||||
17 | innocent of the charge, the court that finds the petitioner | ||||||
18 | factually innocent of the charge shall enter an
expungement | ||||||
19 | order for the conviction for which the petitioner has been | ||||||
20 | determined to be innocent as provided in subsection (b) of | ||||||
21 | Section
5-5-4 of the Unified Code of Corrections. | ||||||
22 | (7) Nothing in this Section shall prevent the | ||||||
23 | Department of
State Police from maintaining all records of | ||||||
24 | any person who
is admitted to probation upon terms and | ||||||
25 | conditions and who
fulfills those terms and conditions | ||||||
26 | pursuant to Section 10
of the Cannabis Control Act, Section |
| |||||||
| |||||||
1 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
2 | of the
Methamphetamine Control and Community Protection | ||||||
3 | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
4 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
5 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
7 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
8 | the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||||||
9 | Section 10 of the Steroid Control Act. | ||||||
10 | (8) If the petitioner has been granted a certificate of | ||||||
11 | innocence under Section 2-702 of the Code of Civil | ||||||
12 | Procedure, the court that grants the certificate of | ||||||
13 | innocence shall also enter an order expunging the | ||||||
14 | conviction for which the petitioner has been determined to | ||||||
15 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
16 | of the Code of Civil Procedure. | ||||||
17 | (c) Sealing. | ||||||
18 | (1) Applicability. Notwithstanding any other provision | ||||||
19 | of this Act to the contrary, and cumulative with any rights | ||||||
20 | to expungement of criminal records, this subsection | ||||||
21 | authorizes the sealing of criminal records of adults and of | ||||||
22 | minors prosecuted as adults. | ||||||
23 | (2) Eligible Records. The following records may be | ||||||
24 | sealed: | ||||||
25 | (A) All arrests resulting in release without | ||||||
26 | charging; |
| |||||||
| |||||||
1 | (B) Arrests or charges not initiated by arrest | ||||||
2 | resulting in acquittal, dismissal, or conviction when | ||||||
3 | the conviction was reversed or vacated, except as | ||||||
4 | excluded by subsection (a)(3)(B); | ||||||
5 | (C) Arrests or charges not initiated by arrest | ||||||
6 | resulting in orders of supervision, including orders | ||||||
7 | of supervision for municipal ordinance violations, | ||||||
8 | successfully completed by the petitioner, unless | ||||||
9 | excluded by subsection (a)(3); | ||||||
10 | (D) Arrests or charges not initiated by arrest | ||||||
11 | resulting in convictions, including convictions on | ||||||
12 | municipal ordinance violations, unless excluded by | ||||||
13 | subsection (a)(3); | ||||||
14 | (E) Arrests or charges not initiated by arrest | ||||||
15 | resulting in orders of first offender probation under | ||||||
16 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
17 | the Illinois Controlled Substances Act, Section 70 of | ||||||
18 | the Methamphetamine Control and Community Protection | ||||||
19 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
20 | Corrections; and | ||||||
21 | (F) Arrests or charges not initiated by arrest | ||||||
22 | resulting in felony convictions for the following | ||||||
23 | offenses: | ||||||
24 | (i) Class 4 felony convictions for: | ||||||
25 | Prostitution under Section 11-14 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of |
| |||||||
| |||||||
1 | 2012. | ||||||
2 | Possession of cannabis under Section 4 of | ||||||
3 | the Cannabis Control Act. | ||||||
4 | Possession of a controlled substance under | ||||||
5 | Section 402 of the Illinois Controlled | ||||||
6 | Substances Act. | ||||||
7 | Offenses under the Methamphetamine | ||||||
8 | Precursor Control Act. | ||||||
9 | Offenses under the Steroid Control Act. | ||||||
10 | Theft under Section 16-1 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012. | ||||||
12 | Retail theft under Section 16A-3 or | ||||||
13 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
14 | 1961 or the Criminal Code of 2012. | ||||||
15 | Deceptive practices under Section 17-1 of | ||||||
16 | the Criminal Code of 1961 or the Criminal Code | ||||||
17 | of 2012. | ||||||
18 | Forgery under Section 17-3 of the Criminal | ||||||
19 | Code of 1961 or the Criminal Code of 2012. | ||||||
20 | Possession of burglary tools under Section | ||||||
21 | 19-2 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012. | ||||||
23 | (ii) Class 3 felony convictions for: | ||||||
24 | Theft under Section 16-1 of the Criminal | ||||||
25 | Code of 1961 or the Criminal Code of 2012. | ||||||
26 | Retail theft under Section 16A-3 or |
| |||||||
| |||||||
1 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012. | ||||||
3 | Deceptive practices under Section 17-1 of | ||||||
4 | the Criminal Code of 1961 or the Criminal Code | ||||||
5 | of 2012. | ||||||
6 | Forgery under Section 17-3 of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012. | ||||||
8 | Possession with intent to manufacture or | ||||||
9 | deliver a controlled substance under Section | ||||||
10 | 401 of the Illinois Controlled Substances Act. | ||||||
11 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
12 | identified as eligible under subsection (c)(2) may be | ||||||
13 | sealed as follows: | ||||||
14 | (A) Records identified as eligible under | ||||||
15 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
16 | time. | ||||||
17 | (B) Records identified as eligible under | ||||||
18 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
19 | the termination of petitioner's last sentence (as | ||||||
20 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
21 | never been convicted of a criminal offense (as defined | ||||||
22 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
23 | termination of the petitioner's last sentence (as | ||||||
24 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
25 | ever been convicted of a criminal offense (as defined | ||||||
26 | in subsection (a)(1)(D)). |
| |||||||
| |||||||
1 | (C) Records identified as eligible under | ||||||
2 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||||||
3 | sealed 4 years after the termination of the | ||||||
4 | petitioner's last sentence (as defined in subsection | ||||||
5 | (a)(1)(F)). | ||||||
6 | (D) Records identified in subsection | ||||||
7 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
8 | reached the age of 25 years. | ||||||
9 | (4) Subsequent felony convictions. A person may not | ||||||
10 | have
subsequent felony conviction records sealed as | ||||||
11 | provided in this subsection
(c) if he or she is convicted | ||||||
12 | of any felony offense after the date of the
sealing of | ||||||
13 | prior felony convictions as provided in this subsection | ||||||
14 | (c). The court may, upon conviction for a subsequent felony | ||||||
15 | offense, order the unsealing of prior felony conviction | ||||||
16 | records previously ordered sealed by the court. | ||||||
17 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
18 | disposition for an eligible record under this subsection | ||||||
19 | (c), the petitioner shall be informed by the court of the | ||||||
20 | right to have the records sealed and the procedures for the | ||||||
21 | sealing of the records. | ||||||
22 | (d) Procedure. The following procedures apply to | ||||||
23 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
24 | under subsections (c) and (e-5): | ||||||
25 | (1) Filing the petition. Upon becoming eligible to | ||||||
26 | petition for
the expungement or sealing of records under |
| |||||||
| |||||||
1 | this Section, the petitioner shall file a petition | ||||||
2 | requesting the expungement
or sealing of records with the | ||||||
3 | clerk of the court where the arrests occurred or the | ||||||
4 | charges were brought, or both. If arrests occurred or | ||||||
5 | charges were brought in multiple jurisdictions, a petition | ||||||
6 | must be filed in each such jurisdiction. The petitioner | ||||||
7 | shall pay the applicable fee, if not waived. | ||||||
8 | (2) Contents of petition. The petition shall be
| ||||||
9 | verified and shall contain the petitioner's name, date of
| ||||||
10 | birth, current address and, for each arrest or charge not | ||||||
11 | initiated by
arrest sought to be sealed or expunged, the | ||||||
12 | case number, the date of
arrest (if any), the identity of | ||||||
13 | the arresting authority, and such
other information as the | ||||||
14 | court may require. During the pendency
of the proceeding, | ||||||
15 | the petitioner shall promptly notify the
circuit court | ||||||
16 | clerk of any change of his or her address. If the | ||||||
17 | petitioner has received a certificate of eligibility for | ||||||
18 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
19 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
20 | Corrections, the certificate shall be attached to the | ||||||
21 | petition. | ||||||
22 | (3) Drug test. The petitioner must attach to the | ||||||
23 | petition proof that the petitioner has passed a test taken | ||||||
24 | within 30 days before the filing of the petition showing | ||||||
25 | the absence within his or her body of all illegal | ||||||
26 | substances as defined by the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act, the Methamphetamine Control and Community | ||||||
2 | Protection Act, and the Cannabis Control Act if he or she | ||||||
3 | is petitioning to: | ||||||
4 | (A) seal felony records under clause (c)(2)(E); | ||||||
5 | (B) seal felony records for a violation of the | ||||||
6 | Illinois Controlled Substances Act, the | ||||||
7 | Methamphetamine Control and Community Protection Act, | ||||||
8 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
9 | (C) seal felony records under subsection (e-5); or | ||||||
10 | (D) expunge felony records of a qualified | ||||||
11 | probation under clause (b)(1)(B)(iv). | ||||||
12 | (4) Service of petition. The circuit court clerk shall | ||||||
13 | promptly
serve a copy of the petition and documentation to | ||||||
14 | support the petition under subsection (e-5) or (e-6) on the | ||||||
15 | State's Attorney or
prosecutor charged with the duty of | ||||||
16 | prosecuting the
offense, the Department of State Police, | ||||||
17 | the arresting
agency and the chief legal officer of the | ||||||
18 | unit of local
government effecting the arrest. | ||||||
19 | (5) Objections. | ||||||
20 | (A) Any party entitled to notice of the petition | ||||||
21 | may file an objection to the petition. All objections | ||||||
22 | shall be in writing, shall be filed with the circuit | ||||||
23 | court clerk, and shall state with specificity the basis | ||||||
24 | of the objection. Whenever a person who has been | ||||||
25 | convicted of an offense is granted
a pardon by the | ||||||
26 | Governor which specifically authorizes expungement, an |
| |||||||
| |||||||
1 | objection to the petition may not be filed. | ||||||
2 | (B) Objections to a petition to expunge or seal | ||||||
3 | must be filed within 60 days of the date of service of | ||||||
4 | the petition. | ||||||
5 | (6) Entry of order. | ||||||
6 | (A) The Chief Judge of the circuit wherein the | ||||||
7 | charge was brought, any judge of that circuit | ||||||
8 | designated by the Chief Judge, or in counties of less | ||||||
9 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
10 | at the petitioner's trial, if any, shall rule on the | ||||||
11 | petition to expunge or seal as set forth in this | ||||||
12 | subsection (d)(6). | ||||||
13 | (B) Unless the State's Attorney or prosecutor, the | ||||||
14 | Department of
State Police, the arresting agency, or | ||||||
15 | the chief legal officer
files an objection to the | ||||||
16 | petition to expunge or seal within 60 days from the | ||||||
17 | date of service of the petition, the court shall enter | ||||||
18 | an order granting or denying the petition. | ||||||
19 | (7) Hearings. If an objection is filed, the court shall | ||||||
20 | set a date for a hearing and notify the petitioner and all | ||||||
21 | parties entitled to notice of the petition of the hearing | ||||||
22 | date at least 30 days prior to the hearing. Prior to the | ||||||
23 | hearing, the State's Attorney shall consult with the | ||||||
24 | Department as to the appropriateness of the relief sought | ||||||
25 | in the petition to expunge or seal. At the hearing, the | ||||||
26 | court shall hear evidence on whether the petition should or |
| |||||||
| |||||||
1 | should not be granted, and shall grant or deny the petition | ||||||
2 | to expunge or seal the records based on the evidence | ||||||
3 | presented at the hearing. The court may consider the | ||||||
4 | following: | ||||||
5 | (A) the strength of the evidence supporting the | ||||||
6 | defendant's conviction; | ||||||
7 | (B) the reasons for retention of the conviction | ||||||
8 | records by the State; | ||||||
9 | (C) the petitioner's age, criminal record history, | ||||||
10 | and employment history; | ||||||
11 | (D) the period of time between the petitioner's | ||||||
12 | arrest on the charge resulting in the conviction and | ||||||
13 | the filing of the petition under this Section; and | ||||||
14 | (E) the specific adverse consequences the | ||||||
15 | petitioner may be subject to if the petition is denied. | ||||||
16 | (8) Service of order. After entering an order to | ||||||
17 | expunge or
seal records, the court must provide copies of | ||||||
18 | the order to the
Department, in a form and manner | ||||||
19 | prescribed by the Department,
to the petitioner, to the | ||||||
20 | State's Attorney or prosecutor
charged with the duty of | ||||||
21 | prosecuting the offense, to the
arresting agency, to the | ||||||
22 | chief legal officer of the unit of
local government | ||||||
23 | effecting the arrest, and to such other
criminal justice | ||||||
24 | agencies as may be ordered by the court. | ||||||
25 | (9) Implementation of order. | ||||||
26 | (A) Upon entry of an order to expunge records |
| |||||||
| |||||||
1 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
2 | (i) the records shall be expunged (as defined | ||||||
3 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
4 | the Department, and any other agency as ordered by | ||||||
5 | the court, within 60 days of the date of service of | ||||||
6 | the order, unless a motion to vacate, modify, or | ||||||
7 | reconsider the order is filed pursuant to | ||||||
8 | paragraph (12) of subsection (d) of this Section; | ||||||
9 | (ii) the records of the circuit court clerk | ||||||
10 | shall be impounded until further order of the court | ||||||
11 | upon good cause shown and the name of the | ||||||
12 | petitioner obliterated on the official index | ||||||
13 | required to be kept by the circuit court clerk | ||||||
14 | under Section 16 of the Clerks of Courts Act, but | ||||||
15 | the order shall not affect any index issued by the | ||||||
16 | circuit court clerk before the entry of the order; | ||||||
17 | and | ||||||
18 | (iii) in response to an inquiry for expunged | ||||||
19 | records, the court, the Department, or the agency | ||||||
20 | receiving such inquiry, shall reply as it does in | ||||||
21 | response to inquiries when no records ever | ||||||
22 | existed. | ||||||
23 | (B) Upon entry of an order to expunge records | ||||||
24 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
25 | (i) the records shall be expunged (as defined | ||||||
26 | in subsection (a)(1)(E)) by the arresting agency |
| |||||||
| |||||||
1 | and any other agency as ordered by the court, | ||||||
2 | within 60 days of the date of service of the order, | ||||||
3 | unless a motion to vacate, modify, or reconsider | ||||||
4 | the order is filed pursuant to paragraph (12) of | ||||||
5 | subsection (d) of this Section; | ||||||
6 | (ii) the records of the circuit court clerk | ||||||
7 | shall be impounded until further order of the court | ||||||
8 | upon good cause shown and the name of the | ||||||
9 | petitioner obliterated on the official index | ||||||
10 | required to be kept by the circuit court clerk | ||||||
11 | under Section 16 of the Clerks of Courts Act, but | ||||||
12 | the order shall not affect any index issued by the | ||||||
13 | circuit court clerk before the entry of the order; | ||||||
14 | (iii) the records shall be impounded by the
| ||||||
15 | Department within 60 days of the date of service of | ||||||
16 | the order as ordered by the court, unless a motion | ||||||
17 | to vacate, modify, or reconsider the order is filed | ||||||
18 | pursuant to paragraph (12) of subsection (d) of | ||||||
19 | this Section; | ||||||
20 | (iv) records impounded by the Department may | ||||||
21 | be disseminated by the Department only as required | ||||||
22 | by law or to the arresting authority, the State's | ||||||
23 | Attorney, and the court upon a later arrest for the | ||||||
24 | same or a similar offense or for the purpose of | ||||||
25 | sentencing for any subsequent felony, and to the | ||||||
26 | Department of Corrections upon conviction for any |
| |||||||
| |||||||
1 | offense; and | ||||||
2 | (v) in response to an inquiry for such records | ||||||
3 | from anyone not authorized by law to access such | ||||||
4 | records, the court, the Department, or the agency | ||||||
5 | receiving such inquiry shall reply as it does in | ||||||
6 | response to inquiries when no records ever | ||||||
7 | existed. | ||||||
8 | (B-5) Upon entry of an order to expunge records | ||||||
9 | under subsection (e-6): | ||||||
10 | (i) the records shall be expunged (as defined | ||||||
11 | in subsection (a)(1)(E)) by the arresting agency | ||||||
12 | and any other agency as ordered by the court, | ||||||
13 | within 60 days of the date of service of the order, | ||||||
14 | unless a motion to vacate, modify, or reconsider | ||||||
15 | the order is filed under paragraph (12) of | ||||||
16 | subsection (d) of this Section; | ||||||
17 | (ii) the records of the circuit court clerk | ||||||
18 | shall be impounded until further order of the court | ||||||
19 | upon good cause shown and the name of the | ||||||
20 | petitioner obliterated on the official index | ||||||
21 | required to be kept by the circuit court clerk | ||||||
22 | under Section 16 of the Clerks of Courts Act, but | ||||||
23 | the order shall not affect any index issued by the | ||||||
24 | circuit court clerk before the entry of the order; | ||||||
25 | (iii) the records shall be impounded by the
| ||||||
26 | Department within 60 days of the date of service of |
| |||||||
| |||||||
1 | the order as ordered by the court, unless a motion | ||||||
2 | to vacate, modify, or reconsider the order is filed | ||||||
3 | under paragraph (12) of subsection (d) of this | ||||||
4 | Section; | ||||||
5 | (iv) records impounded by the Department may | ||||||
6 | be disseminated by the Department only as required | ||||||
7 | by law or to the arresting authority, the State's | ||||||
8 | Attorney, and the court upon a later arrest for the | ||||||
9 | same or a similar offense or for the purpose of | ||||||
10 | sentencing for any subsequent felony, and to the | ||||||
11 | Department of Corrections upon conviction for any | ||||||
12 | offense; and | ||||||
13 | (v) in response to an inquiry for these records | ||||||
14 | from anyone not authorized by law to access the | ||||||
15 | records, the court, the Department, or the agency | ||||||
16 | receiving the inquiry shall reply as it does in | ||||||
17 | response to inquiries when no records ever | ||||||
18 | existed. | ||||||
19 | (C) Upon entry of an order to seal records under | ||||||
20 | subsection
(c), the arresting agency, any other agency | ||||||
21 | as ordered by the court, the Department, and the court | ||||||
22 | shall seal the records (as defined in subsection | ||||||
23 | (a)(1)(K)). In response to an inquiry for such records | ||||||
24 | from anyone not authorized by law to access such | ||||||
25 | records, the court, the Department, or the agency | ||||||
26 | receiving such inquiry shall reply as it does in |
| |||||||
| |||||||
1 | response to inquiries when no records ever existed. | ||||||
2 | (D) The Department shall send written notice to the | ||||||
3 | petitioner of its compliance with each order to expunge | ||||||
4 | or seal records within 60 days of the date of service | ||||||
5 | of that order or, if a motion to vacate, modify, or | ||||||
6 | reconsider is filed, within 60 days of service of the | ||||||
7 | order resolving the motion, if that order requires the | ||||||
8 | Department to expunge or seal records. In the event of | ||||||
9 | an appeal from the circuit court order, the Department | ||||||
10 | shall send written notice to the petitioner of its | ||||||
11 | compliance with an Appellate Court or Supreme Court | ||||||
12 | judgment to expunge or seal records within 60 days of | ||||||
13 | the issuance of the court's mandate. The notice is not | ||||||
14 | required while any motion to vacate, modify, or | ||||||
15 | reconsider, or any appeal or petition for | ||||||
16 | discretionary appellate review, is pending. | ||||||
17 | (10) Fees. The Department may charge the petitioner a | ||||||
18 | fee equivalent to the cost of processing any order to | ||||||
19 | expunge or seal records. Notwithstanding any provision of | ||||||
20 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
21 | clerk may charge a fee equivalent to the cost associated | ||||||
22 | with the sealing or expungement of records by the circuit | ||||||
23 | court clerk. From the total filing fee collected for the | ||||||
24 | petition to seal or expunge, the circuit court clerk shall | ||||||
25 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
26 | Administrative Fund, to be used to offset the costs |
| |||||||
| |||||||
1 | incurred by the circuit court clerk in performing the | ||||||
2 | additional duties required to serve the petition to seal or | ||||||
3 | expunge on all parties. The circuit court clerk shall | ||||||
4 | collect and forward the Department of State Police portion | ||||||
5 | of the fee to the Department and it shall be deposited in | ||||||
6 | the State Police Services Fund. | ||||||
7 | (11) Final Order. No court order issued under the | ||||||
8 | expungement or sealing provisions of this Section shall | ||||||
9 | become final for purposes of appeal until 30 days after | ||||||
10 | service of the order on the petitioner and all parties | ||||||
11 | entitled to notice of the petition. | ||||||
12 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
13 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
14 | petitioner or any party entitled to notice may file a | ||||||
15 | motion to vacate, modify, or reconsider the order granting | ||||||
16 | or denying the petition to expunge or seal within 60 days | ||||||
17 | of service of the order. If filed more than 60 days after | ||||||
18 | service of the order, a petition to vacate, modify, or | ||||||
19 | reconsider shall comply with subsection (c) of Section | ||||||
20 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
21 | motion to vacate, modify, or reconsider, notice of the | ||||||
22 | motion shall be served upon the petitioner and all parties | ||||||
23 | entitled to notice of the petition. | ||||||
24 | (13) Effect of Order. An order granting a petition | ||||||
25 | under the expungement or sealing provisions of this Section | ||||||
26 | shall not be considered void because it fails to comply |
| |||||||
| |||||||
1 | with the provisions of this Section or because of any error | ||||||
2 | asserted in a motion to vacate, modify, or reconsider. The | ||||||
3 | circuit court retains jurisdiction to determine whether | ||||||
4 | the order is voidable and to vacate, modify, or reconsider | ||||||
5 | its terms based on a motion filed under paragraph (12) of | ||||||
6 | this subsection (d). | ||||||
7 | (14) Compliance with Order Granting Petition to Seal | ||||||
8 | Records. Unless a court has entered a stay of an order | ||||||
9 | granting a petition to seal, all parties entitled to notice | ||||||
10 | of the petition must fully comply with the terms of the | ||||||
11 | order within 60 days of service of the order even if a | ||||||
12 | party is seeking relief from the order through a motion | ||||||
13 | filed under paragraph (12) of this subsection (d) or is | ||||||
14 | appealing the order. | ||||||
15 | (15) Compliance with Order Granting Petition to | ||||||
16 | Expunge Records. While a party is seeking relief from the | ||||||
17 | order granting the petition to expunge through a motion | ||||||
18 | filed under paragraph (12) of this subsection (d) or is | ||||||
19 | appealing the order, and unless a court has entered a stay | ||||||
20 | of that order, the parties entitled to notice of the | ||||||
21 | petition must seal, but need not expunge, the records until | ||||||
22 | there is a final order on the motion for relief or, in the | ||||||
23 | case of an appeal, the issuance of that court's mandate. | ||||||
24 | (16) The changes to this subsection (d) made by Public | ||||||
25 | Act 98-163 apply to all petitions pending on August 5, 2013 | ||||||
26 | (the effective date of Public Act 98-163) and to all orders |
| |||||||
| |||||||
1 | ruling on a petition to expunge or seal on or after August | ||||||
2 | 5, 2013 (the effective date of Public Act 98-163). | ||||||
3 | (e) Whenever a person who has been convicted of an offense | ||||||
4 | is granted
a pardon by the Governor which specifically | ||||||
5 | authorizes expungement, he or she may,
upon verified petition | ||||||
6 | to the Chief Judge of the circuit where the person had
been | ||||||
7 | convicted, any judge of the circuit designated by the Chief | ||||||
8 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
9 | presiding trial judge at the
defendant's trial, have a court | ||||||
10 | order entered expunging the record of
arrest from the official | ||||||
11 | records of the arresting authority and order that the
records | ||||||
12 | of the circuit court clerk and the Department be sealed until
| ||||||
13 | further order of the court upon good cause shown or as | ||||||
14 | otherwise provided
herein, and the name of the defendant | ||||||
15 | obliterated from the official index
requested to be kept by the | ||||||
16 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
17 | Act in connection with the arrest and conviction for the | ||||||
18 | offense for
which he or she had been pardoned but the order | ||||||
19 | shall not affect any index issued by
the circuit court clerk | ||||||
20 | before the entry of the order. All records sealed by
the | ||||||
21 | Department may be disseminated by the Department only to the | ||||||
22 | arresting authority, the State's Attorney, and the court upon a | ||||||
23 | later
arrest for the same or similar offense or for the purpose | ||||||
24 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
25 | any subsequent offense, the Department
of Corrections shall | ||||||
26 | have access to all sealed records of the Department
pertaining |
| |||||||
| |||||||
1 | to that individual. Upon entry of the order of expungement, the
| ||||||
2 | circuit court clerk shall promptly mail a copy of the order to | ||||||
3 | the
person who was pardoned. | ||||||
4 | (e-5) Whenever a person who has been convicted of an | ||||||
5 | offense is granted a certificate of eligibility for sealing by | ||||||
6 | the Prisoner Review Board which specifically authorizes | ||||||
7 | sealing, he or she may, upon verified petition to the Chief | ||||||
8 | Judge of the circuit where the person had been convicted, any | ||||||
9 | judge of the circuit designated by the Chief Judge, or in | ||||||
10 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
11 | trial judge at the petitioner's trial, have a court order | ||||||
12 | entered sealing the record of arrest from the official records | ||||||
13 | of the arresting authority and order that the records of the | ||||||
14 | circuit court clerk and the Department be sealed until further | ||||||
15 | order of the court upon good cause shown or as otherwise | ||||||
16 | provided herein, and the name of the petitioner obliterated | ||||||
17 | from the official index requested to be kept by the circuit | ||||||
18 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
19 | connection with the arrest and conviction for the offense for | ||||||
20 | which he or she had been granted the certificate but the order | ||||||
21 | shall not affect any index issued by the circuit court clerk | ||||||
22 | before the entry of the order. All records sealed by the | ||||||
23 | Department may be disseminated by the Department only as | ||||||
24 | required by this Act or to the arresting authority, a law | ||||||
25 | enforcement agency, the State's Attorney, and the court upon a | ||||||
26 | later arrest for the same or similar offense or for the purpose |
| |||||||
| |||||||
1 | of sentencing for any subsequent felony. Upon conviction for | ||||||
2 | any subsequent offense, the Department of Corrections shall | ||||||
3 | have access to all sealed records of the Department pertaining | ||||||
4 | to that individual. Upon entry of the order of sealing, the | ||||||
5 | circuit court clerk shall promptly mail a copy of the order to | ||||||
6 | the person who was granted the certificate of eligibility for | ||||||
7 | sealing. | ||||||
8 | (e-6) Whenever a person who has been convicted of an | ||||||
9 | offense is granted a certificate of eligibility for expungement | ||||||
10 | by the Prisoner Review Board which specifically authorizes | ||||||
11 | expungement, he or she may, upon verified petition to the Chief | ||||||
12 | Judge of the circuit where the person had been convicted, any | ||||||
13 | judge of the circuit designated by the Chief Judge, or in | ||||||
14 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
15 | trial judge at the petitioner's trial, have a court order | ||||||
16 | entered expunging the record of arrest from the official | ||||||
17 | records of the arresting authority and order that the records | ||||||
18 | of the circuit court clerk and the Department be sealed until | ||||||
19 | further order of the court upon good cause shown or as | ||||||
20 | otherwise provided herein, and the name of the petitioner | ||||||
21 | obliterated from the official index requested to be kept by the | ||||||
22 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
23 | Act in connection with the arrest and conviction for the | ||||||
24 | offense for which he or she had been granted the certificate | ||||||
25 | but the order shall not affect any index issued by the circuit | ||||||
26 | court clerk before the entry of the order. All records sealed |
| |||||||
| |||||||
1 | by the Department may be disseminated by the Department only as | ||||||
2 | required by this Act or to the arresting authority, a law | ||||||
3 | enforcement agency, the State's Attorney, and the court upon a | ||||||
4 | later arrest for the same or similar offense or for the purpose | ||||||
5 | of sentencing for any subsequent felony. Upon conviction for | ||||||
6 | any subsequent offense, the Department of Corrections shall | ||||||
7 | have access to all expunged records of the Department | ||||||
8 | pertaining to that individual. Upon entry of the order of | ||||||
9 | expungement, the circuit court clerk shall promptly mail a copy | ||||||
10 | of the order to the person who was granted the certificate of | ||||||
11 | eligibility for expungement. | ||||||
12 | (f) Subject to available funding, the Illinois Department
| ||||||
13 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
14 | especially on employment and recidivism rates, utilizing a
| ||||||
15 | random sample of those who apply for the sealing of their
| ||||||
16 | criminal records under Public Act 93-211. At the request of the
| ||||||
17 | Illinois Department of Corrections, records of the Illinois
| ||||||
18 | Department of Employment Security shall be utilized as
| ||||||
19 | appropriate to assist in the study. The study shall not
| ||||||
20 | disclose any data in a manner that would allow the
| ||||||
21 | identification of any particular individual or employing unit.
| ||||||
22 | The study shall be made available to the General Assembly no
| ||||||
23 | later than September 1, 2010.
| ||||||
24 | (Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13; | ||||||
25 | 97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | ||||||
26 | 1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150, |
| |||||||
| |||||||
1 | eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, | ||||||
2 | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, | ||||||
3 | eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
4 | 98-1009, eff. 1-1-15; revised 9-30-14.)
| ||||||
5 | Section 10. The Cannabis Control Act is amended by changing | ||||||
6 | Sections 4 and 10 as follows:
| ||||||
7 | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
| ||||||
8 | Sec. 4. It is unlawful for any person knowingly to possess | ||||||
9 | cannabis. Any person
who violates this section with respect to:
| ||||||
10 | (a) not more than 30 2.5 grams of any substance | ||||||
11 | containing cannabis is
guilty of a civil law violation | ||||||
12 | punishable by a maximum fine of $125. The proceeds of the | ||||||
13 | fine shall be payable to the clerk of the circuit court who | ||||||
14 | shall deposit the moneys from the fine into a special fund | ||||||
15 | in the county treasury. Within 30 days after the deposit of | ||||||
16 | the fine into the special fund, the county treasurer shall | ||||||
17 | distribute the proceeds of the fine as follows: | ||||||
18 | (1) $10 of the fine to the circuit clerk and $10 of | ||||||
19 | the fine to the law enforcement agency that issued the | ||||||
20 | citation; the proceeds of each $10 fine distributed to | ||||||
21 | the circuit clerk and each $10 fine distributed to the | ||||||
22 | law enforcement agency that issued the citation for the | ||||||
23 | violation shall be used to defer the cost of automatic | ||||||
24 | expungements under paragraph (2.5) of subsection (a) |
| |||||||
| |||||||
1 | of Section 5.2 of the Criminal Identification Act; | ||||||
2 | (2) $15 to the county to fund drug addiction | ||||||
3 | services; and | ||||||
4 | (3) the remainder of the fine to the law | ||||||
5 | enforcement agency that issued the citation for the | ||||||
6 | violation Class C misdemeanor ;
| ||||||
7 | (b) (blank); more than 2.5 grams but not more than 10 | ||||||
8 | grams of any substance
containing cannabis is guilty of a | ||||||
9 | Class B misdemeanor;
| ||||||
10 | (c) (blank); more than 10 grams but not more than 30 | ||||||
11 | grams of any substance
containing cannabis is guilty of a | ||||||
12 | Class A misdemeanor; provided, that if
any offense under | ||||||
13 | this subsection (c) is a subsequent offense, the offender
| ||||||
14 | shall be guilty of a Class 4 felony;
| ||||||
15 | (d) more than 30 grams but not more than 500 grams of | ||||||
16 | any substance
containing cannabis is guilty of a Class 4 | ||||||
17 | felony; provided that if any
offense under this subsection | ||||||
18 | (d) is a subsequent offense, the offender
shall be guilty | ||||||
19 | of a Class 3 felony;
| ||||||
20 | (e) more than 500 grams but not more than 2,000 grams | ||||||
21 | of any substance
containing cannabis is guilty
of a Class 3 | ||||||
22 | felony;
| ||||||
23 | (f) more than 2,000 grams but not more than 5,000 grams | ||||||
24 | of any
substance containing cannabis is guilty of a Class 2 | ||||||
25 | felony;
| ||||||
26 | (g) more than 5,000 grams of any substance containing |
| |||||||
| |||||||
1 | cannabis is guilty
of a Class 1 felony.
| ||||||
2 | (Source: P.A. 90-397, eff. 8-15-97 .)
| ||||||
3 | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| ||||||
4 | Sec. 10. (a)
Whenever any person who has not previously | ||||||
5 | been convicted of, or placed
on probation or court supervision | ||||||
6 | for, any offense under this Act or any
law of the United States | ||||||
7 | or of any State relating to cannabis, or controlled
substances | ||||||
8 | as defined in the Illinois Controlled Substances Act, pleads
| ||||||
9 | guilty to or is found guilty of violating Sections 4(a), 4(b), | ||||||
10 | 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without | ||||||
11 | entering a
judgment and with the consent of such person, | ||||||
12 | sentence him to probation.
| ||||||
13 | (b) When a person is placed on probation, the court shall | ||||||
14 | enter an order
specifying a period of probation of 24 months, | ||||||
15 | and shall defer further
proceedings in
the case until the | ||||||
16 | conclusion of the period or until the filing of a petition
| ||||||
17 | alleging violation of a term or condition of probation.
| ||||||
18 | (c) The conditions of probation shall be that the person: | ||||||
19 | (1) not violate
any criminal statute of any jurisdiction; (2) | ||||||
20 | refrain from possession of a
firearm
or other dangerous weapon; | ||||||
21 | (3) submit to periodic drug testing at a time and in
a manner | ||||||
22 | as ordered by the court, but no less than 3 times during the | ||||||
23 | period of
the probation, with the cost of the testing to be | ||||||
24 | paid by the probationer; and
(4) perform no less than 30 hours | ||||||
25 | of community service, provided community
service is available |
| |||||||
| |||||||
1 | in the jurisdiction and is funded and approved by the
county | ||||||
2 | board.
| ||||||
3 | (d) The court may, in addition to other conditions, require
| ||||||
4 | that the person:
| ||||||
5 | (1) make a report to and appear in person before or | ||||||
6 | participate with the
court or such courts, person, or | ||||||
7 | social service agency as directed by the
court in the order | ||||||
8 | of probation;
| ||||||
9 | (2) pay a fine and costs;
| ||||||
10 | (3) work or pursue a course of study or vocational | ||||||
11 | training;
| ||||||
12 | (4) undergo medical or psychiatric treatment; or | ||||||
13 | treatment for drug
addiction or alcoholism;
| ||||||
14 | (5) attend or reside in a facility established for the | ||||||
15 | instruction or
residence of defendants on probation;
| ||||||
16 | (6) support his dependents;
| ||||||
17 | (7) refrain from possessing a firearm or other | ||||||
18 | dangerous weapon;
| ||||||
19 | (7-5) refrain from having in his or her body the | ||||||
20 | presence of any illicit
drug prohibited by the Cannabis | ||||||
21 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
22 | Methamphetamine Control and Community Protection Act, | ||||||
23 | unless prescribed by a physician, and submit samples of
his | ||||||
24 | or her blood or urine or both for tests to determine the | ||||||
25 | presence of any
illicit drug;
| ||||||
26 | (8) and in addition, if a minor:
|
| |||||||
| |||||||
1 | (i) reside with his parents or in a foster home;
| ||||||
2 | (ii) attend school;
| ||||||
3 | (iii) attend a non-residential program for youth;
| ||||||
4 | (iv) contribute to his own support at home or in a | ||||||
5 | foster home.
| ||||||
6 | (e) Upon violation of a term or condition of probation, the
| ||||||
7 | court
may enter a judgment on its original finding of guilt and | ||||||
8 | proceed as otherwise
provided.
| ||||||
9 | (f) Upon fulfillment of the terms and
conditions of | ||||||
10 | probation, the court shall discharge such person and dismiss
| ||||||
11 | the proceedings against him.
| ||||||
12 | (g) A disposition of probation is considered to be a | ||||||
13 | conviction
for the purposes of imposing the conditions of | ||||||
14 | probation and for appeal,
however, discharge and dismissal | ||||||
15 | under this Section is not a conviction for
purposes of | ||||||
16 | disqualification or disabilities imposed by law upon | ||||||
17 | conviction of
a crime (including the additional penalty imposed | ||||||
18 | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | ||||||
19 | of this Act).
| ||||||
20 | (h) Discharge and dismissal under this Section,
Section 410 | ||||||
21 | of the Illinois Controlled Substances Act, Section 70 of the | ||||||
22 | Methamphetamine Control and Community Protection Act, Section | ||||||
23 | 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or | ||||||
24 | subsection (c) of Section 11-14 of the Criminal Code of 1961 or | ||||||
25 | the Criminal Code of 2012 may occur only once
with respect to | ||||||
26 | any person.
|
| |||||||
| |||||||
1 | (i) If a person is convicted of an offense under this Act, | ||||||
2 | the Illinois
Controlled Substances Act, or the Methamphetamine | ||||||
3 | Control and Community Protection Act within 5 years
subsequent | ||||||
4 | to a discharge and dismissal under this Section, the discharge | ||||||
5 | and
dismissal under this Section shall be admissible in the | ||||||
6 | sentencing proceeding
for that conviction
as a factor in | ||||||
7 | aggravation.
| ||||||
8 | (Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
9 | 98-164, eff. 1-1-14.)
| ||||||
10 | Section 15. The Drug Paraphernalia Control Act is amended | ||||||
11 | by changing Section 3.5 as follows:
| ||||||
12 | (720 ILCS 600/3.5)
| ||||||
13 | Sec. 3.5. Possession of drug paraphernalia.
| ||||||
14 | (a) A person who knowingly possesses an item of drug | ||||||
15 | paraphernalia
with
the intent to use it in ingesting, inhaling, | ||||||
16 | or
otherwise introducing cannabis
or
a controlled substance | ||||||
17 | into the human body, or in preparing cannabis or a
controlled | ||||||
18 | substance
for that use, is guilty of a Class A misdemeanor for | ||||||
19 | which the court
shall impose a minimum fine of $750 in addition | ||||||
20 | to any other penalty prescribed
for a Class A
misdemeanor. This | ||||||
21 | subsection (a) does not apply to a person who is legally
| ||||||
22 | authorized to possess
hypodermic syringes or needles under the | ||||||
23 | Hypodermic Syringes and Needles Act.
| ||||||
24 | (b) In determining intent under subsection (a), the trier |
| |||||||
| |||||||
1 | of fact may take
into consideration the proximity of the | ||||||
2 | cannabis or controlled substances to
drug
paraphernalia or the | ||||||
3 | presence of cannabis or a controlled substance on the drug
| ||||||
4 | paraphernalia.
| ||||||
5 | (c) If a person found to have committed a violation of | ||||||
6 | subsection (a) of Section 4 of the Cannabis Control Act, the | ||||||
7 | penalty for possession of any drug paraphernalia seized during | ||||||
8 | the violation for that offense shall be a civil law violation | ||||||
9 | punishable by a maximum fine of $125. The proceeds of the fine | ||||||
10 | shall be payable to the clerk of the circuit court who shall | ||||||
11 | deposit the moneys from the fine into a special fund in the | ||||||
12 | county treasury. Within 30 days after the deposit of the fine | ||||||
13 | into the special fund, the county treasurer shall distribute | ||||||
14 | the proceeds of the fine as follows: | ||||||
15 | (1) $10 of the fine to the circuit clerk and $10 of the | ||||||
16 | fine to the law enforcement agency that issued the | ||||||
17 | citation; the proceeds of each $10 fine distributed to the | ||||||
18 | circuit clerk and each $10 fine distributed to the law | ||||||
19 | enforcement agency that issued the citation for the | ||||||
20 | violation shall be used to defer the cost of automatic | ||||||
21 | expungements under paragraph (2.5) of subsection (a) of | ||||||
22 | Section 5.2 of the Criminal Identification Act; | ||||||
23 | (2) $15 to the county to fund drug addiction services; | ||||||
24 | and | ||||||
25 | (3) the remainder of the fine to the law enforcement | ||||||
26 | agency that issued the citation for the violation. |
| |||||||
| |||||||
1 | (Source: P.A. 93-392, eff. 7-25-03.)".
|