Illinois-2023-HB0001-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0001

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

`New Act`
`20 ILCS 2630/5.2`
`30 ILCS 105/5.990 new`
`30 ILCS 105/5.991 new`
`35 ILCS 1010/1-45`
`720 ILCS 570/102`	`from Ch. 56 1/2, par. 1102`
`720 ILCS 570/204`	`from Ch. 56 1/2, par. 1204`

Creates the Compassionate Use and Research of Entheogens Act. Establishes the Illinois Psilocybin Advisory Board within the Department of Public Health for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. Provides that the Department shall begin receiving applications for the licensing of persons to manufacture or test psilocybin products, operate service centers, or facilitate psilocybin services. Contains licensure requirements and prohibitions. Provides that a licensee or licensee representative may manufacture, deliver, or possess a psilocybin product. Provides that the Department may obtain, relinquish, or dispose of psilocybin products to ensure compliance with and enforce the Act and rules adopted under the Act. Creates the Psilocybin Control and Regulation Fund and the Illinois Psilocybin Fund and makes conforming changes in the State Finance Act. Requires the Department of Agriculture, the Illinois Liquor Control Commission, and the Department of Revenue to perform specified duties. Contains provisions concerning rulemaking; taxes; fees; zoning; labeling; and penalties. Preempts home rule powers. Contains other provisions. Amends the Criminal Identification Act. Provides that specified records shall be expunged prior to (i) January 1, 2024 (rather than January 1, 2023) and (ii) January 1, 2026 (rather than January 1, 2025). Provides for expungement of specified records concerning the possession of psilocybin and psilocin. Amends the Illinois Controlled Substances Act. Removes psilocybin and psilocin from the list of Schedule I controlled substances. Amends the Illinois Independent Tax Tribunal Act of 2012. Provides that the Tax Tribunal shall have original jurisdiction over all determinations of the Department of Revenue reflected on specified notices issued under the Compassionate Use and Research of Entheogens Act. Effective immediately.

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A BILL FOR

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1 AN ACT concerning health.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the

5 Compassionate Use and Research of Entheogens Act.

6 Section 5. Findings. The General Assembly finds that:

7 (1) The War on Drugs has given rise to significant

8 financial and social costs, and the policies behind the

9 War on Drugs reflect neither a modern understanding of

10 substance use nor the actual risks or potential

11 therapeutic benefits of the substances that have been

12 criminalized.

13 (2) Moreover, criminalization has not deterred drug

14 use. Instead, it has made drug use less safe and has

15 created an unregulated, underground market in which

16 dosages are difficult to verify and dangerous adulterants,

17 such as fentanyl, are common.

18 (3) Lack of honest drug education has laid the

19 groundwork for decades of misinformation, stigma, and

20 cultural appropriation, which have all contributed to

21 increasing the dangers of drug use.

22 (4) Harm reduction tools, including drug-checking

23 kits, scales, and capsules, allow users to make safe and

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1 more accurate, evidence-based decisions about their

2 personal use of these substances, and allowing the use of

3 such tools can increase public health and safety.

4 (5) Research is advancing to support the use of

5 psychedelic compounds, along with psychotherapy, to treat

6 mental health disorders, such as anxiety, depression,

7 post-traumatic stress disorder, and substance use

8 disorder.

9 (6) Voters of the city and county of Denver, Colorado

10 approved Ordinance 301 in May of 2019, making the personal

11 possession and use of the natural medicine psilocybin by

12 adults the lowest level of law enforcement priority in

13 Denver and to prohibit the city and county from spending

14 resources enforcing related penalties.

15 (7) Measures 109 and 110 in Oregon, which both passed

16 in November 2020, established a regulated psilocybin

17 therapy system in Oregon to provide people therapeutic

18 access to psilocybin and decriminalized the personal

19 possession of all drugs.

20 (8) Almost 20 countries around the world, including

21 Portugal, the Czech Republic, and Spain, have expressly or

22 effectively decriminalized the personal use of all

23 substances.

24 (9) The City of Oakland, California, and the City of

25 Santa Cruz, California have passed resolutions

26 decriminalizing or deprioritizing the enforcement of laws

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1 regulating the possession, use, and propagation of

2 psychedelic plants and fungi. Since June 2019, the

3 following cities have also decriminalized the possession,

4 use, and propagation of psychedelic plants and fungi at

5 the local level: Ann Arbor, Michigan; Somerville,

6 Massachusetts; and Cambridge, Massachusetts. In 2020,

7 Washington, D.C., passed Initiative 81 to decriminalize

8 and deprioritize the enforcement of laws regulating the

9 possession and use of psychedelic plants and fungi with

10 76% voter approval.

11 (10) The State of Colorado passed Proposition 122 in

12 November of 2022, decriminalizing the possession of

13 psychedelic plants and fungi and eventually allowing

14 state-licensed treatment centers to administer the

15 compounds of psychedelic plants and fungi under the

16 supervision of trained staff.

17 (11) To transition away from criminalization models

18 while protecting people who use or may use drugs and

19 reduce negative environmental or cultural impacts, it is

20 necessary to review the full legal context in which these

21 changes to the law are made. It is also necessary to

22 incorporate evidence-based policy, consult with experts,

23 and maintain open discourse based in harm reduction,

24 reciprocity, and human rights during the process of

25 developing alternative regulatory systems.

26 (12) Criminalizing psychedelic plants and fungi has

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1 denied people access to accurate education and harm

2 reduction information related to the use of psychedelic

3 compounds and limited the development of appropriate

4 training for first responders and multi-responders,

5 including law enforcement, emergency medical services, and

6 fire services.

7 (13) Illinoisans deserve more tools to address mental

8 health issues, including approaches using psychedelic

9 plants and fungi that are grounded in treatment, recovery,

10 cultural competency, and wellness rather than

11 criminalization, suffering, and punishment.

12 (14) This Act will allow for the noncommercial,

13 personal use and sharing of specified controlled

14 substances, including for the purpose of group counseling,

15 community-based healing, or other related services.

16 (15) These changes in law will not displace any

17 restrictions on driving or operating a vehicle while

18 impaired, an employer's ability to restrict the use of

19 controlled substances by its employees, or the legal

20 standard for negligence.

21 (16) Peyote is specifically excluded from the list of

22 substances to be decriminalized, including any

23 cultivation, harvest, extraction, tincture, or other

24 product manufactured or derived therefrom, because of the

25 nearly endangered status of the peyote plant and the

26 special significance peyote holds in Native American

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1 spirituality. Furthermore, this Act does not amend or

2 repeal paragraph (12) of subsection (d) of Section 204 of

3 the Illinois Controlled Substances Act, which identifies

4 peyote and its derivatives as a Schedule I drug.

5 (17) The State of Illinois fully respects and supports

6 the continued Native American possession and use of peyote

7 under federal law, 42 U.S.C. 1996a, understanding that

8 Native Americans in the United States were persecuted and

9 prosecuted for their ceremonial practices, including the

10 use of peyote, for more than a century, and had to fight

11 numerous legal and political battles to achieve the

12 current protected status. The enactment of this

13 legislation does not intend to explicitly or implicitly

14 undermine that status.

15 (18) Research conducted by domestic and international

16 medical institutions indicates that psilocybin is

17 efficacious and safe for the treatment of a variety of

18 mental health conditions, including, but not limited to,

19 addiction, depression, anxiety disorders, headache

20 disorders, and end-of-life psychological distress.

21 (19) The United States Food and Drug Administration

22 has:

23 (A) determined that preliminary clinical evidence

24 indicates that psilocybin may demonstrate substantial

25 improvement over available therapies for

26 treatment-resistant depression; and

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1 (B) granted a "Breakthrough Therapy" designation

2 for a treatment that uses psilocybin as a therapy for

3 such depression.

4 (20) During a 2-year program development period, the

5 Department should:

6 (A) examine, publish, and distribute to the public

7 available medical, psychological, and scientific

8 studies, research, and other information relating to

9 the safety and efficacy of psilocybin in treating

10 mental health conditions; and

11 (B) adopt rules and regulations for the eventual

12 implementation of a comprehensive regulatory framework

13 that will allow persons 18 years of age and older in

14 this State to be provided psilocybin services.

15 (21) An advisory board should be established within

16 the Department for the purpose of advising and making

17 recommendations to the Department.

18 Section 10. Purposes.

19 (a) The purpose of this Act is to establish a new,

20 compassionate, and effective approach to entheogens by:

21 (1) Adopting a public health and harm reduction

22 approach to natural medicines by removing criminal

23 penalties for the possession of some entheogens for

24 personal use by adults who are 18 years of age or older.

25 (2) Developing and promoting public education related

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1 to the use of entheogens and appropriate training for

2 first responders.

3 (3) Reducing the prevalence of behavioral health

4 disorders among adults in this State to improve the

5 physical, mental, and social well-being of all people in

6 this State.

7 (4) Promoting health and healing by reducing focus on

8 criminal punishments for persons who suffer from mental

9 health issues by establishing regulated access to natural

10 medicines through a humane, cost-effective, and

11 responsible approach.

12 (5) Developing a long-term strategic plan for ensuring

13 that psilocybin services will become and remain a safe,

14 accessible, and affordable option for all persons 18 years

15 of age and older in this State for whom psilocybin may be

16 appropriate.

17 (6) Protecting the safety, welfare, health, and peace

18 of the people of this State by prioritizing this State's

19 limited law enforcement resources in the most effective,

20 consistent, and rational way.

21 (7) After a 2-year program development period:

22 (A) permitting persons licensed, controlled, and

23 regulated by this State to legally manufacture

24 psilocybin products and provide psilocybin services to

25 persons 18 years of age and older, subject to the

26 provisions of this Act;

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1 (B) establishing a comprehensive regulatory

2 framework concerning psilocybin products and

3 psilocybin services under State law; and

4 (C) preparing proposed rules for the addition of

5 botanical forms of dimethyltryptamine, ibogaine

6 (except ibogaine from iboga), and mescaline (except

7 mescaline from peyote) to substances regulated under

8 this Act on or before June 1, 2027.

9 (b) The People of the State of Illinois intend that the

10 provisions of this Act, together with other provisions of

11 State law, will prevent:

12 (1) the distribution of psilocybin products to other

13 persons who are not permitted to possess psilocybin

14 products under the provisions of this Act and rules

15 adopted under this Act, including, but not limited to,

16 persons under 18 years of age; and

17 (2) the diversion of psilocybin products from this

18 State to other states.

19 Section 15. Construction. This Act may not be construed

20 to:

21 (1) Require a government medical assistance program or

22 private health insurer to reimburse a person for costs

23 associated with the use of psilocybin products.

24 (2) Amend or affect State or federal law pertaining to

25 employment matters.

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1 (3) Amend or affect State or federal law pertaining to

2 landlord-tenant matters.

3 (4) Prohibit a recipient of a federal grant or an

4 applicant for a federal grant from prohibiting the

5 manufacture, delivery, possession, or use of psilocybin

6 products to the extent necessary to satisfy federal

7 requirements for the grant.

8 (5) Prohibit a party to a federal contract or a person

9 applying to be a party to a federal contract from prohibiting

10 the manufacture, delivery, possession, or use of psilocybin

11 products to the extent necessary to comply with the terms and

12 conditions of the contract or to satisfy federal requirements

13 for the contract.

14 (6) Require a person to violate a federal law.

15 (7) Exempt a person from a federal law or obstruct the

16 enforcement of a federal law.

17 (8) Amend or affect State law to the extent that a person

18 does not manufacture, deliver, or possess psilocybin products

19 in accordance with the provisions of this Act and rules

20 adopted under this Act.

21 Section 20. Definitions. In this Act:

22 "2-year program development period" means the period

23 beginning on January 1, 2024 and ending no later than December

24 31, 2025.

25 "Administration session" means a session held under the

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1 supervision of a facilitator at which a client consumes and

2 experiences the effects of a psilocybin product under the

3 supervision of a facilitator.

4 "Advisory Board" or "Board" means the Illinois Psilocybin

5 Advisory Board established under Section 25.

6 "Client" means an individual who consumes a psilocybin

7 product in an administration session in this State.

8 "Department" means the Department of Public Health.

9 "Entheogen" means the following substances in any form,

10 regardless of whether the substance is regulated under the

11 federal Controlled Substances Act or the Illinois Controlled

12 Substances Act:

13 (1) Dimethyltryptamine.

14 (2) Ibogaine, except ibogaine from iboga.

15 (3) Mescaline, except mescaline from peyote.

16 (4) Psilocybin.

17 (5) Psilocin.

18 "Facilitator" means an individual who facilitates the

19 provision of a psilocybin service in this State.

20 "Integration session" means a meeting between a client and

21 a facilitator that may occur after the client completes an

22 administration session.

23 "Legal entity" means a corporation, limited liability

24 company, limited partnership, or other legal entity that is

25 registered with the office of the Secretary of State or with a

26 comparable office of another jurisdiction.

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1 "Licensee" means a person who holds a license issued under

2 Section 85, 100, 115, or 325.

3 "Licensee representative" means an owner, director,

4 officer, manager, employee, agent, or other representative of

5 a licensee, to the extent that the person acts in a

6 representative capacity.

7 "Manufacture" means the manufacture, planting,

8 cultivation, growing, harvesting, production, preparation,

9 propagation, compounding, conversion, or processing of a

10 psilocybin product, directly or indirectly, by extraction from

11 substances of natural origin, independently by means of

12 chemical synthesis or by a combination of extraction and

13 chemical synthesis. "Manufacture" includes any packaging or

14 repackaging of the psilocybin product or labeling or

15 relabeling of its container.

16 "Premises" includes the following areas of a location

17 licensed under this Act:

18 (1) All public and private enclosed areas at the

19 location that are used in the business operated at the

20 location, including offices, kitchens, restrooms, and

21 storerooms.

22 (2) All areas outside of a building that the

23 Department has specifically licensed for the manufacturing

24 of psilocybin products or the operation of a service

25 center.

26 (3) For a location that the Department has

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1 specifically licensed for the operation of a service

2 center outside of a building, that portion of the location

3 used to operate the service center and provide a

4 psilocybin service to a client.

5 "Premises" does not include a primary residence, unless a

6 primary residence is necessary for the provision of a

7 psilocybin service to a recipient who is a hospice patient or

8 who is unable to travel to a service center due to a chronic,

9 life-threatening illness.

10 "Preparation session" means a meeting between a client and

11 a facilitator that must occur before the client participates

12 in an administration session.

13 "Psilocybin" means psilocybin or psilocin.

14 "Psilocybin product" means:

15 (1) psilocybin-producing fungi; or

16 (2) mixtures or substances containing a detectable

17 amount of psilocybin.

18 "Psilocybin product" does not include a psilocybin

19 service.

20 "Psilocybin product manufacturer" means a person who

21 manufactures a psilocybin product in this State.

22 "Psilocybin service" means a service provided to a client

23 before, during, or after the client's consumption of a

24 psilocybin product, including any of the following:

25 (1) A preparation session.

26 (2) An administration session.

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1 (3) An integration session.

2 "Service center" means an establishment at which:

3 (1) an administration session is held;

4 (2) a psilocybin product is purchased; or

5 (2) other psilocybin services may be provided.

6 "Service center operator" means a person who operates a

7 service center in this State.

8 Section 25. Illinois Psilocybin Advisory Board; members;

9 terms; meetings; compensation.

10 (a) The Illinois Psilocybin Advisory Board is established

11 within the Department for the purpose of advising and making

12 recommendations to the Department. The Illinois Psilocybin

13 Advisory Board shall consist of the following members:

14 (1) The members appointed by the Governor as specified

15 under subsection (b).

16 (2) The Director of Public Health or the Director's

17 designee.

18 (3) A designee of the State Board of Health Policy.

19 (b) The Governor shall appoint the following individuals

20 to the Advisory Board:

21 (1) Any 4 of the following:

22 (A) A State employee who has technical expertise

23 in the field of public health.

24 (B) A local health officer.

25 (C) An individual who is a member of or who

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1 represents a federally recognized Indian tribe in this

2 State.

3 (D) An individual who is a member of or who

4 represents an advisory body regarding addiction and

5 mental health planning within the Department or the

6 Department of Human Services.

7 (E) An individual who is a member of or who

8 represents a body regarding health equity policy

9 within the Department or the Department of Human

10 Services.

11 (F) An individual who is a member of or who

12 represents a body regarding palliative care and

13 quality of life within the Department or the

14 Department of Human Services.

15 (G) An individual who represents individuals who

16 provide public health services directly to the public.

17 (2) A psychologist licensed to practice in Illinois

18 who has professional experience engaging in the diagnosis

19 or treatment of a mental, emotional, or behavioral

20 condition.

21 (3) A psychiatrist licensed to practice in Illinois

22 who has professional experience engaging in the diagnosis

23 or treatment of a mental, emotional, or behavioral

24 condition.

25 (4) A therapist licensed to practice in Illinois who

26 has professional experience engaging in the diagnosis or

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1 treatment of a mental, emotional, or behavioral condition.

2 (5) A physician licensed to practice in Illinois who

3 holds a degree of Doctor of Medicine.

4 (6) A naturopathic physician.

5 (7) An expert in the field of public health who has a

6 background in academia.

7 (8) A Veterans Affairs service-connected disabled

8 veteran.

9 (9) Any 3 of the following:

10 (A) A person who has professional experience

11 conducting scientific research regarding the use of

12 psychedelic compounds in clinical therapy.

13 (B) A person who has experience in the field of

14 mycology.

15 (C) A person who has experience in the field of

16 ethnobotany.

17 (D) A person who has experience in the field of

18 psychopharmacology.

19 (E) A person who has experience in the field of

20 psilocybin harm reduction.

21 (10) A person representing the Illinois Liquor Control

22 Commission, a person who has experience working with a

23 system developed and maintained by a State body under the

24 Cannabis Regulation and Tax Act for tracking the transfer

25 of cannabis or cannabis products, or a person who is both.

26 (11) The following:

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1 (A) During the 2-year program development period:

2 (i) one of the chief petitioners of this Act;

3 and

4 (ii) one or 2 at-large members.

5 (B) After the 2-year program development period,

6 one, 2, or 3 at-large members.

7 (c) The term of office for an Advisory Board member

8 appointed under this Section is 4 years, but a member serves at

9 the pleasure of the Governor. Before the expiration of the

10 term of a member, the Governor shall appoint a successor whose

11 term begins on January 1 of the following calendar year.

12 Members may be eligible for reappointment. If there is a

13 vacancy for any reason, the Governor shall make an appointment

14 to become immediately effective for the unexpired term.

15 (d) Members of the Advisory Board described in paragraphs

16 (2) and (3) of subsection (a) are nonvoting ex officio members

17 of the Advisory Board.

18 (e) A majority of the voting members of the Advisory Board

19 constitutes a quorum for the transaction of business.

20 (f) Official action by the Advisory Board requires the

21 approval of a majority of the voting members of the board.

22 (g) The Advisory Board shall elect one of its voting

23 members to serve as chairperson.

24 (h) During the 2-year program development period, the

25 Advisory Board shall meet at least once every 2 calendar

26 months at a time and place determined by the chairperson, or a

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1 majority of the voting members of the Advisory Board. After

2 the 2-year program development period, the Advisory Board

3 shall meet at least once every calendar quarter at a time and

4 place determined by the chairperson or a majority of the

5 voting members of the Advisory Board. The Advisory Board may

6 also meet at other times and places specified by the call of

7 the chairperson or of a majority of the voting members of the

8 board.

9 (i) The Advisory Board may adopt rules necessary for the

10 operation of the board.

11 (j) The Advisory Board may establish committees or

12 subcommittees necessary for the operation of the board.

13 (k) Members of the Advisory Board are entitled to

14 compensation and expenses.

15 Section 30. Duties of the Illinois Psilocybin Advisory

16 Board.

17 (a) The Illinois Psilocybin Advisory Board shall perform

18 the following duties:

19 (1) Provide advice to the Department with respect to

20 the administration of this Act as it relates to accurate

21 public health approaches regarding use, effect, and risk

22 reduction of entheogens and the content and scope of

23 educational campaigns related to entheogens.

24 (2) Make recommendations to the Department on

25 available medical, psychological, and scientific studies,

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1 research, and other information relating to the safety and

2 efficacy of psilocybin in treating mental health

3 conditions, including, but not limited to, addiction,

4 depression, anxiety and trauma disorders, headache

5 disorders, and end-of-life psychological distress.

6 (3) Study and review the Oregon Psilocybin Services

7 Act (Measure 109), the Colorado Natural Medicine Health

8 Act of 2022 (Proposition 122), and relevant legislative

9 initiatives in other states in an effort to determine

10 successes and pitfalls that may be applied to the

11 rulemaking process in Illinois.

12 (4) Review scientific and cultural literature

13 concerning ibogaine (except ibogaine from iboga),

14 mescaline (except mescaline from peyote), and botanical

15 forms of dimethlyltryptamine and make recommendations to

16 the Department concerning whether these substances may be

17 included in this Act or a similar appropriate regulatory

18 framework based on medical, psychological, and scientific

19 studies, research, and other information related to the

20 safety and efficacy of each compound to avoid an

21 unregulated de facto market for other natural plants and

22 fungi.

23 (5) Make recommendations to the Department on the

24 requirements, specifications, and guidelines for providing

25 psilocybin services to a client, including the following:

26 (A) The requirements, specifications, and

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1 guidelines for holding and verifying the completion of

2 a preparation session, an administration session, and

3 an integration session.

4 (B) The contents of the client information form

5 that a client must complete and sign before the client

6 participates in an administration session, giving

7 particular consideration to the following:

8 (i) The information that should be solicited

9 from the client to determine whether the client

10 should participate in the administration session,

11 including information that may identify risk

12 factors and contraindications.

13 (ii) The information that should be solicited

14 from the client to assist the service center

15 operator and the facilitator in meeting any public

16 health and safety standards and industry best

17 practices during the administration session.

18 (iii) The health and safety warnings and other

19 disclosures that should be made to the client

20 before the client participates in the

21 administration session.

22 (6) Make recommendations to the Department on public

23 health and safety standards and industry best practices

24 for each type of licensee under this Act.

25 (7) Make recommendations to the Department on the

26 formulation of a code of professional conduct for

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1 facilitators, giving particular consideration to a code of

2 ethics, cultural responsibility, and outlining a clear

3 process for reporting complaints of unethical conduct by

4 facilitators or service center employees.

5 (8) Make recommendations to the Department on the

6 education, experience, and training that facilitators must

7 achieve, giving particular consideration to the following

8 and including whether such education, experience, and

9 training should be available through online resources:

10 (A) Facilitation skills that are affirming,

11 nonjudgmental, nondirective, trauma-informed, and

12 rooted in informed consent.

13 (B) Support skills for clients during an

14 administration session, including specialized skills

15 for the following:

16 (i) Client safety.

17 (ii) Clients who may have a mental health

18 condition.

19 (iii) Appropriate boundaries, heightened

20 transference in expanded states of consciousness,

21 and special precautions related to the use of

22 touch in psilocybin sessions.

23 (iv) Crisis assessment and appropriate

24 referral for those who need ongoing support if

25 challenging mental health issues emerge in

26 psilocybin sessions

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1 (C) The environment in which psilocybin services

2 should occur.

3 (D) Social and cultural considerations.

4 (E) Affordable, equitable, ethical, and culturally

5 responsible access to entheogens and requirements to

6 ensure that the regulated entheogen access program is

7 equitable and inclusive.

8 (9) Make recommendations to the Department on the

9 examinations that facilitators must pass.

10 (10) Make recommendations to the Department on public

11 health and safety standards and industry best practices

12 for holding and completing an administration session,

13 including the following:

14 (A) Best practices surrounding group

15 administration.

16 (B) How clients can safely access common or

17 outside areas on the premises at which the

18 administration session is held.

19 (C) The circumstances under which an

20 administration session is considered complete.

21 (D) The transportation needs of the client after

22 the completion of the administration session.

23 (11) Develop a long-term strategic plan for ensuring

24 that psilocybin services will become and remain a safe,

25 accessible, and affordable therapeutic option for all

26 persons 18 years of age and older in this State for whom

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1 psilocybin may be appropriate.

2 (12) Monitor and study federal laws, regulations, and

3 policies regarding psilocybin.

4 (13) On an ongoing basis, review and evaluate existing

5 research studies and real-world data related to entheogens

6 and make recommendations to the General Assembly and

7 relevant State agencies as to whether entheogens and

8 associated services should be covered under any Illinois

9 State health insurance or other insurance program as a

10 cost-effective intervention for various mental health

11 conditions, including, but not limited to, end of life

12 anxiety, substance use disorder, alcoholism, depressive

13 disorders, neurological disorders, post-traumatic stress

14 disorder, and other painful conditions, including, but not

15 limited to, cluster headaches, migraines, cancer, and

16 phantom limbs.

17 (14) On an ongoing basis, review and evaluate

18 sustainability issues related to natural entheogens and

19 their impact on indigenous cultures and document existing

20 reciprocity efforts and continuing support measures that

21 are needed as part of the Advisory Board's annual report.

22 (15) Publish an annual report describing the Advisory

23 Board's activities, including, but not limited to, any

24 recommendations and advice for the Department or the

25 General Assembly.

26 (b) The Department shall provide technical, logistical,

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1 and other support to the Advisory Board, as requested by the

2 Advisory Board, to assist the Advisory Board with its duties

3 and obligations.

4 Section 35. Department of Public Health's general powers

5 and duties; rules.

6 (a) The Department has the duties, functions, and powers

7 specified in this Act and the powers necessary or proper to

8 enable the Department to carry out the Department's duties,

9 functions, and powers under this Act. The jurisdiction,

10 supervision, duties, functions, and powers of the Department

11 extend to any person who produces, processes, transports,

12 delivers, sells, or purchases a psilocybin product in this

13 State or who provides a psilocybin service in this State. The

14 Department may sue and be sued.

15 (b) The duties, functions, and powers of the Department

16 specified in this Act include the following:

17 (1) To examine, publish, and distribute to the public

18 available medical, psychological, and scientific studies,

19 research, and other information relating to the safety and

20 efficacy of psilocybin in treating mental health

21 conditions, including, but not limited to, addiction,

22 depression, anxiety disorders, headache disorders, and

23 end-of-life psychological distress.

24 (2) After the 2-year program development period, the

25 following:

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1 (A) To regulate the manufacturing, transportation,

2 delivery, sale, and purchase of psilocybin products

3 and the provision of psilocybin services in this State

4 in accordance with the provisions of this Act.

5 (B) To issue, renew, suspend, revoke, or refuse to

6 issue or renew licenses for the manufacturing or sale

7 of psilocybin products, the provision of psilocybin

8 services, or other licenses related to the consumption

9 of psilocybin products, and to permit, at the

10 Department's discretion, the transfer of a license

11 between persons.

12 (C) To regulate the use of psilocybin products and

13 psilocybin services for other purposes as deemed

14 necessary or appropriate by the Department.

15 (3) To adopt, amend, or repeal rules as necessary to

16 carry out the intent and provisions of this Act, including

17 rules that the Department considers necessary to protect

18 the public health and safety.

19 (4) To exercise all powers incidental, convenient, or

20 necessary to enable the Department to administer or carry

21 out the provisions of this Act or any other law of this

22 State that charges the Department with a duty, function,

23 or power related to psilocybin products or psilocybin

24 services. Powers described in this paragraph include, but

25 are not limited to, the following:

26 (A) Issuing subpoenas.

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1 (B) Compelling the attendance of witnesses.

2 (C) Administering oaths.

3 (D) Certifying official acts.

4 (E) Taking depositions as provided by law.

5 (F) Compelling the production of books, payrolls,

6 accounts, papers, records, documents, or testimony.

7 (G) Establishing fees in addition to the

8 application, licensing, and renewal fees described in

9 Sections 85, 100, 115, and 325 of this Act, provided

10 that any fee established by the Department is

11 reasonably calculated to not exceed the cost of the

12 activity for which the fee is charged.

13 (5) To adopt rules prohibiting advertisement of

14 psilocybin products to the public.

15 (6) To adopt rules regulating and prohibiting

16 advertisement of psilocybin services and prohibiting

17 advertisements for those services that:

18 (A) That is appealing to minors.

19 (B) That promotes excessive use.

20 (C) That promotes illegal activity.

21 (D) That violates the code of professional conduct

22 for facilitators formulated by the Department.

23 (E) That otherwise presents a significant risk to

24 public health and safety as determined by the

25 Department.

26 (c) The Department may not require that a psilocybin

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1 product be manufactured by means of chemical synthesis.

2 (d) The Department may not require a client to be

3 diagnosed with or have any particular medical condition as a

4 prerequisite to being provided psilocybin services.

5 (e) Fees collected pursuant to this Section shall be

6 deposited into the Psilocybin Control and Regulation Fund

7 established under Section 205.

8 Section 40. Authority to purchase, possess, seize,

9 transfer to a licensee, or dispose of psilocybin products.

10 Subject to any applicable provision of Illinois law, the

11 Department may purchase, possess, seize, transfer to a

12 licensee, or dispose of psilocybin products as is necessary

13 for the Department to ensure compliance with and enforce the

14 provisions of this Act and any rule adopted under this Act.

15 Section 45. 2-year program development period; dates.

16 (a) Unless the General Assembly provides otherwise, the

17 Department may not issue any licenses under this Act during

18 the 2-year program development period.

19 (b) On or before February 28, 2024, the Governor shall

20 appoint the individuals specified in subsection (b) of Section

21 25 to the Advisory Board.

22 (c) On or before March 31, 2024, the Advisory Board shall

23 hold its first meeting at a time and place specified by the

24 Governor.

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1 (d) On or before June 30, 2024, and on a regular basis

2 after that date, the Advisory Board shall submit its findings

3 and recommendations to the Department on available medical,

4 psychological, and scientific studies, research, and other

5 information relating to the safety and efficacy of psilocybin

6 and other entheogens in treating mental health conditions,

7 including, but not limited to, addiction, depression, anxiety

8 disorders, headache disorders, and end-of-life psychological

9 distress.

10 (e) On or before June 30, 2025, the Advisory Board shall

11 submit its findings and recommendations concerning the

12 following to the Department:

13 (1) Rules and regulations for the implementation of

14 this Act.

15 (2) A long-term strategic plan for ensuring that

16 psilocybin services will become and remain a safe,

17 accessible, and affordable therapeutic option for all

18 persons 18 years of age and older in this State for whom

19 psilocybin may be appropriate.

20 (3) With respect to federal laws, regulations, and

21 policies regarding psilocybin and other entheogens.

22 (f) On or before July 31, 2024, and on a regular basis

23 after that date, the Department shall publish and distribute

24 to the public available medical, psychological, and scientific

25 studies, research, and other information relating to the

26 safety and efficacy of psilocybin and other entheogens in

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1 treating mental health conditions, including, but not limited

2 to, addiction, depression, anxiety disorders, headache

3 disorders, and end-of-life psychological distress.

4 (g) On or before December 31, 2025, the Department shall

5 prescribe forms and adopt such rules as the Department deems

6 necessary for the implementation of this Act.

7 Section 50. Licensing.

8 (a) On or before January 2, 2025, the Department shall

9 begin receiving applications for the licensing of persons to

10 perform the following:

11 (1) Manufacture psilocybin products.

12 (2) Operate a service center.

13 (3) Facilitate psilocybin services.

14 (4) Test psilocybin products.

15 (b) Except as provided in subsection (c), an applicant for

16 a license or renewal of a license issued under this Act shall

17 apply to the Department in the form required by the Department

18 by rule, showing the name and address of the applicant, the

19 location of the facility that is to be operated under the

20 license, and other pertinent information required by the

21 Department. The Department may not issue or renew a license

22 until the applicant has complied with the provisions of this

23 Act and rules adopted under this Act.

24 (c) The Department may reject any application that is not

25 submitted in the form required by the Department by rule. The

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1 Department shall give applicants an opportunity to be heard if

2 an application is rejected. A hearing under this subsection is

3 not subject to the requirements for contested case proceedings

4 under applicable Illinois law.

5 (d) Except as provided in subsection (c), a revocation of

6 or a refusal to issue or renew a license issued under this Act

7 is subject to the requirements for contested case proceedings

8 under applicable Illinois law.

9 (e) An applicant for a facilitator license or renewal of a

10 facilitator license issued under Section 115 need not show the

11 location of any premises.

12 (f) The Department may not license an applicant under the

13 provisions of this Act if the applicant is under 18 years of

14 age.

15 (g) The Department may refuse to issue a license or may

16 issue a restricted license to an applicant under the

17 provisions of this Act if the Department finds that the

18 applicant meets any of the following conditions:

19 (1) Has failed to complete any of the education or

20 training required by the provisions of this Act or rules

21 adopted under this Act.

22 (2) Has failed to complete any of the examination

23 required by the provisions of this Act or rules adopted

24 under this Act.

25 (3) Is in the habit of using alcoholic beverages,

26 habit-forming drugs, or controlled substances to excess as

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1 determined by the Department.

2 (4) Has made false statements to the Department.

3 (5) Is incompetent or physically unable to carry on

4 the management of the establishment proposed to be

5 licensed as determined by the Department.

6 (6) Has been convicted of violating a federal law,

7 State law, or local ordinance if the conviction is

8 substantially related to the fitness and ability of the

9 applicant to lawfully carry out activities under the

10 license.

11 (7) Is not of good repute and moral character as

12 determined by the Department.

13 (8) Does not have a good record of compliance with

14 this Act or any rule adopted under this Act.

15 (9) Is not the legitimate owner of the premises

16 proposed to be licensed or has not disclosed that any

17 other person has an ownership interest in the premises

18 proposed to be licensed.

19 (10) Has not demonstrated financial responsibility

20 sufficient to adequately meet the requirements of the

21 premises proposed to be licensed.

22 (11) Is unable to understand the laws of this State

23 relating to psilocybin products, psilocybin services, or

24 the rules adopted under this Act.

25 (h) Notwithstanding paragraph (6) of subsection (g), in

26 determining whether to issue a license or a restricted license

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1 to an applicant, the Department may not consider the prior

2 conviction of the applicant or any owner, director, officer,

3 manager, employee, agent, or other representative of the

4 applicant for the following:

5 (1) The manufacture of psilocybin or the manufacture

6 of cannabis, as defined under Section 1-10 of the Cannabis

7 Regulation and Tax Act, or cannabis product if any of the

8 following apply:

9 (A) The date of the conviction is 2 or more years

10 before the date of the application.

11 (B) The person has not been convicted more than

12 once for the manufacture of psilocybin.

13 (2) The possession of a controlled substance, as

14 defined in the Illinois Controlled Substances Act, if any

15 of the following apply:

16 (A) The date of the conviction is 2 or more years

17 before the date of the application.

18 (B) The person has not been convicted more than

19 once for the possession of a controlled substance.

20 Section 55. Authority to require fingerprints of

21 applicants and other individuals. For the purpose of

22 requesting a State or nationwide criminal records check, the

23 Department may require the fingerprints of any individual

24 listed on an application submitted under Section 50. The

25 powers conferred on the Department under this Section include

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1 the power to require the fingerprints of the following

2 persons:

3 (1) If the applicant is a limited partnership, each

4 general partner of the limited partnership.

5 (2) If the applicant is a manager-managed limited

6 liability company, each manager of the limited liability

7 company.

8 (3) If the applicant is a member-managed limited

9 liability company, each voting member of the limited

10 liability company.

11 (4) If the applicant is a corporation, each director

12 and officer of the corporation.

13 (5) Any individual who holds a financial interest of

14 10% or more in the person applying for the license.

15 Section 60. Properties of license. A license issued under

16 this Act is all of the following:

17 (1) A personal privilege.

18 (2) Renewable in the manner provided under Section 50,

19 except for a cause that would be grounds for refusal to

20 issue the license under Section 50.

21 (3) Subject to revocation or suspension as provided in

22 Section 185.

23 (4) Except for a license issued to a facilitator under

24 Section 115, transferable from the premises for which the

25 license was originally issued to another premises subject

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1 to the provisions of this Act, applicable rules adopted

2 under this Act, and applicable local ordinances.

3 (5) Subject to expiration upon the death of the

4 licensee, if the license was issued to an individual

5 except as provided under subsection (q) of Section 165.

6 (6) Not considered property.

7 (7) Not alienable.

8 (8) Not subject to attachment or execution.

9 (9) Not subject to descent by the laws of testate or

10 intestate succession.

11 Section 65. Duties of the Department with respect to

12 issuing licenses.

13 (a) The Department shall approve or deny an application to

14 be licensed under this Act. Upon receiving an application

15 under Section 50, the Department may not unreasonably delay

16 processing, approving, or denying the application or, if the

17 application is approved, issuing the license.

18 (b) The licenses described in this Act must be issued by

19 the Department, subject to the provisions of this Act and

20 rules adopted under this Act.

21 (c) The Department may not licensee premises that do not

22 have defined boundaries. Premises do not need to be enclosed

23 by a wall, fence, or other structure, but the Department may

24 require premises to be enclosed as a condition of issuing or

25 renewing a license. The Department may not license mobile

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1 premises.

2 Section 70. Duty to request land use compatibility

3 statement.

4 (a) Prior to receiving a license under Section 85 or 100,

5 an applicant shall request a land use compatibility statement

6 from the city or county that authorizes the land use. The land

7 use compatibility statement must demonstrate that the

8 requested license is for a land use that is allowable as a

9 permitted or conditional use within the given zoning

10 designation where the land is located. The Department may not

11 issue a license if the land use compatibility statement shows

12 that the proposed land use is prohibited in the applicable

13 zone.

14 (b) Except as otherwise provided in this Section, a city

15 or county that receives a request for a land use compatibility

16 statement under this Section must act on that request within

17 21 days after either of the following:

18 (1) Receipt of the request, if the land use is

19 allowable as an outright permitted use.

20 (2) Final local permit approval, if the land use is

21 allowable as a conditional use.

22 A city or county that receives a request for a land use

23 compatibility statement under this Section is not required to

24 act on that request during the period that the Department

25 discontinues licensing those premises pursuant to subsection

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1 (d) of Section 480.

2 Section 75. Lawful manufacture, delivery, and possession

3 of psilocybin products. A licensee or licensee representative

4 may manufacture, deliver, or possess a psilocybin product

5 subject to the provisions of this Act and rules adopted under

6 this Act. The manufacture, delivery, or possession of a

7 psilocybin product by a licensee or a licensee representative

8 in compliance with this Act and rules adopted under this Act

9 does not constitute a criminal or civil offense under the laws

10 of this State.

11 Section 80. Restriction on financial interests in multiple

12 licensees.

13 (a) An individual may not have a financial interest in

14 either of the following:

15 (1) More than one psilocybin product manufacturer.

16 (2) More than 5 service center operators.

17 (b) Subject to subsection (a), a person may hold multiple

18 service center operator licenses under Section 100 and may

19 hold both a manufacturer license under Section 85 and a

20 service center operator license under Section 100 at the same

21 or different premises.

22 Section 85. License to manufacture psilocybin products.

23 (a) The manufacture of psilocybin products is subject to

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1 regulation by the Department.

2 (b) A psilocybin product manufacturer must have a

3 manufacturer license issued by the Department for the premises

4 at which the psilocybin products are manufactured. To hold a

5 manufacturer license issued under this Section, a psilocybin

6 product manufacturer must comply with the following:

7 (1) Apply for a license in the manner described in

8 Section 50.

9 (2) Provide proof that the applicant is 18 years of

10 age or older.

11 (3) Until January 1, 2027 comply with the following:

12 (A) If the direct owner of the business operating

13 or to be operated under the license is a legal entity,

14 provide proof that more than 50% of the shares,

15 membership interests, partnership interests, or other

16 ownership interests of the legal entity are held,

17 directly or indirectly, by one or more individuals who

18 have been residents of this State for 2 or more years.

19 (B) If the direct owner of the business operating

20 or to be operated under the license is a partnership

21 that is not a legal entity, provide proof that more

22 than 50% of the partnership interests of the

23 partnership are held, directly or indirectly, by one

24 or more individuals who have been residents of this

25 State for 2 or more years.

26 (C) If the direct owner of the business operating

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1 or to be operated under the license is an individual,

2 provide proof that the individual has been a resident

3 of this State for 2 or more years.

4 (4) Meet the requirements of any rule adopted by the

5 Department under subsections (c) and (d).

6 (c) If the applicant is not the owner of the premises at

7 which the psilocybin is to be manufactured, the applicant

8 shall submit to the Department signed informed consent from

9 the owner of the premises to manufacture psilocybin at the

10 premises. The Department may adopt rules regarding the

11 informed consent described in this subsection.

12 (d) The Department shall adopt rules that comply with the

13 following:

14 (1) Require a psilocybin product manufacturer to

15 annually renew a license issued under this Section.

16 (2) Establish application, licensure, and renewal of

17 licensure fees for psilocybin product manufacturers.

18 (3) Require psilocybin products manufactured by

19 psilocybin product manufacturers to be tested in

20 accordance with Section 320.

21 (e) Fees adopted under paragraph (2) of subsection (d) may

22 not exceed, together with other fees collected under this Act,

23 the cost of administering this Act and shall be deposited into

24 the Psilocybin Control and Regulation Fund established under

25 Section 205.

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1 Section 90. Psilocybin product manufacturers;

2 endorsements.

3 (a) The Department shall adopt rules that designate

4 different types of manufacturing activities. A psilocybin

5 product manufacturer may only engage in a type of

6 manufacturing activity if the psilocybin product manufacturer

7 has received an endorsement from the Department for that type

8 of manufacturing activity.

9 (b) An applicant must request an endorsement upon

10 submission of an initial application but may also request an

11 endorsement at any time following licensure.

12 (c) Only one application and license fee is required

13 regardless of how many endorsements an applicant or licensee

14 requests or at what time the request is made.

15 (d) A psilocybin product manufacturer licensee may hold

16 multiple endorsements.

17 (e) The Department may deny a psilocybin product

18 manufacturer's request for an endorsement or revoke an

19 existing endorsement if the psilocybin product manufacturer

20 cannot or does not meet the requirements for the endorsement

21 that is requested. If the Department denies or revokes

22 approval, the psilocybin product manufacturer has a right to a

23 hearing under relevant procedures specified in the Illinois

24 Administrative Procedure Act.

25 Section 95. Psilocybin product quantities; rules. The

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1 Department shall adopt rules restricting the quantities of

2 psilocybin products at premises for which a license has been

3 issued under Section 85. In adopting rules under this Section,

4 the Department shall take into consideration the demand for

5 psilocybin services in this State, the number of psilocybin

6 product manufacturers applying for a license under Section 85,

7 the number of psilocybin product manufacturers that hold a

8 license issued under Section 85, and whether the availability

9 of psilocybin products in this State is commensurate with the

10 demand for psilocybin services.

11 Section 100. License to operate a service center.

12 (a) The operation of a service center is subject to

13 regulation by the Department.

14 (b) Service centers are to be regulated under the

15 provisions of this Act and not the provisions of any other Act.

16 (c) A service center operator must have a service center

17 operator license issued by the Department for the premises at

18 which psilocybin services are provided. To hold a service

19 center operator license under this Section, a service center

20 operator must comply with the following:

21 (1) Apply for a license in the manner described in

22 Section 50.

23 (2) Provide proof that the applicant is 18 years of

24 age or older.

25 (3) Until January 1, 2027, comply with the following:

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1 (A) If the direct owner of the business operating

2 or to be operated under the license is a legal entity,

3 provide proof that more than 50% of the shares,

4 membership interests, partnership interests, or other

5 ownership interests of the legal entity are held,

6 directly or indirectly, by one or more individuals who

7 have been residents of this State for 2 or more years.

8 (B) If the direct owner of the business operating

9 or to be operated under the license is a partnership

10 that is not a legal entity, provide proof that more

11 than 50% of the partnership interests of the

12 partnership are held, directly or indirectly, by one

13 or more individuals who have been residents of this

14 State for 2 or more years.

15 (C) If the direct owner of the business operating

16 or to be operated under the license is an individual,

17 provide proof that the individual has been a resident

18 of this State for 2 or more years.

19 (4) Must ensure that the service center is located in

20 an area that is not within the limits of an area zoned

21 exclusively for residential use.

22 (5) Except as provided in Section 105, must ensure

23 that the service center is not located within 1,000 feet

24 of a public, private, or parochial school.

25 (6) Must meet the requirements of any rule adopted by

26 the Department under paragraph (7).

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1 (7) The Department shall adopt rules that comply with

2 the following:

3 (A) Require a service center operator to annually

4 renew a license issued under this Section.

5 (B) Establish application, licensure, and renewal

6 of licensure fees for service center operators.

7 (C) Require psilocybin products sold by a service

8 center operator to be tested in accordance with

9 Section 320.

10 (D) Require a service center operator to meet any

11 public health and safety standards and industry best

12 practices established by the Department by rule.

13 (8) Fees adopted under subparagraph (B) of paragraph

14 (7) may not exceed, together with other fees collected

15 under this Act, the cost of administering this Act and

16 shall be deposited into the Psilocybin Control and

17 Regulation Fund established under Section 205.

18 Section 105. Proximity of service center to schools.

19 Notwithstanding paragraph (5) of subsection (c) of Section

20 100, a service center may be located within 1,000 feet of a

21 school if either of the following apply:

22 (1) The service center is not located within 500 feet

23 of:

24 (A) a public elementary or secondary school for

25 which attendance is compulsory under applicable

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1 provisions of the School Code; or

2 (B) a private or parochial elementary or secondary

3 school.

4 (2) The Department determines that there is a physical

5 or geographic barrier capable of preventing children from

6 traversing to the premises of the service center.

7 Section 110. Establishment of schools after issuance of

8 license.

9 (a) If a school described under paragraph (5) of

10 subsection (c) of Section 100 that has not previously been

11 attended by children is established within 1,000 feet of

12 premises for which a license has been issued under Section

13 100, the service center operator located at that premises may

14 remain at that location unless the Department revokes the

15 license of the service center operator under Section 180.

16 (b) The Department may adopt rules establishing the

17 circumstances under which the Department may require a service

18 center operator that holds a license issued under Section 100

19 to use an age verification scanner or any other equipment used

20 to verify a person's age for the purpose of ensuring that the

21 service center operator does not sell psilocybin products to a

22 person under 18 years of age. Information obtained under this

23 subsection may not be retained after verifying a person's age

24 and may not be used for any purpose other than verifying a

25 person's age.

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1 Section 115. License to facilitate psilocybin services.

2 (a) The facilitation of psilocybin services is subject to

3 regulation by the Department.

4 (b) A facilitator must have a facilitator license issued

5 by the Department. To hold a facilitator license issued under

6 this Section, a facilitator must comply with the following:

7 (1) Apply for a license in the manner described in

8 Section 50.

9 (2) Provide proof that the applicant is 18 years of

10 age or older.

11 (3) Until January 1, 2027, provide proof that the

12 applicant has been a resident of this State for 2 or more

13 years.

14 (4) Have a high school diploma or equivalent

15 education.

16 (5) Submit evidence of completion of education and

17 training prescribed and approved by the Department.

18 (6) Have passed an examination approved, administered,

19 or recognized by the Department.

20 (7) Meet the requirements of any rule adopted by the

21 Department under subsection (d).

22 (c) The Department may not require a facilitator to have a

23 degree from a university, college, postsecondary institution,

24 or other institution of higher education.

25 (d) The Department shall adopt rules that comply with the

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1 following:

2 (1) Require a facilitator to annually renew a license

3 issued under this Section.

4 (2) Establish application, licensure, and renewal of

5 licensure fees for facilitators.

6 (3) Require a facilitator to meet any public health

7 and safety standards and industry best practices

8 established by the Department by rule.

9 (e) Fees adopted under paragraph (2) of subsection (d) may

10 not exceed, together with other fees collected under this Act,

11 the cost of administering this Act and shall be deposited into

12 the Psilocybin Control and Regulation Fund established under

13 Section 205.

14 (f) A facilitator may be, but need not be, an employee,

15 manager, director, officer, partner, member, shareholder, or

16 direct or indirect owner of one or more service center

17 operators.

18 (g) A license issued to a facilitator under this Section

19 is not limited to any one or more premises.

20 Section 120. License examinations; rules. The Department

21 shall offer an examination for applicants for licenses to

22 facilitate psilocybin services at least twice a year. An

23 applicant who fails any part of the examination may retake the

24 failed section in accordance with rules adopted by the

25 Department.

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1 Section 125. Age verification. The Department may adopt

2 rules establishing the circumstances under which the

3 Department may require a facilitator that holds a license

4 issued under Section 115 to use an age verification scanner or

5 any other equipment used to verify a person's age for the

6 purpose of ensuring that the facilitator does not provide

7 psilocybin services to a person under 18 years of age.

8 Information obtained under this Section may not be retained

9 after verifying a person's age and may not be used for any

10 purpose other than verifying a person's age.

11 Section 130. Psilocybin services. The Department shall

12 adopt by rule the requirements, specifications, and guidelines

13 for the following:

14 (1) Providing psilocybin services to a client.

15 (2) Holding and verifying the completion of a

16 preparation session.

17 (3) Having a client complete, sign, and deliver a

18 client information form to a service center operator and a

19 facilitator.

20 (4) Holding and verifying the completion of an

21 administration session.

22 (5) Holding and verifying the completion of an

23 integration session.

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1 Section 135. Preparation session.

2 (a) Before a client participates in an administration

3 session, the client must attend a preparation session with a

4 facilitator.

5 (b) A preparation session may be, but need not be, held at

6 a service center.

7 (c) If a preparation session is completed in accordance

8 with all applicable requirements, specifications, and

9 guidelines, as determined by the Department, the facilitator

10 must certify, in a form and manner prescribed by the

11 Department, that the client completed the preparation session.

12 Section 140. Client information form.

13 (a) Before a client participates in an administration

14 session, the following must occur:

15 (1) The client must complete and sign a client

16 information form in a form and manner prescribed by the

17 Department.

18 (2) A copy of the completed and signed client

19 information form must be delivered to the service center

20 operator that operates the service center at which the

21 administration session is to be held and to the

22 facilitator that will supervise the administration

23 session.

24 (b) The client information form must comply with the

25 following:

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1 (1) Solicit from the client such information as may be

2 necessary (i) to enable a service center operator and a

3 facilitator to determine whether the client should

4 participate in an administration session, including

5 information that may identify risk factors and

6 contraindications, and (ii) to assist the service center

7 operator and the facilitator in meeting any public health

8 and safety standards and industry best practices during

9 the administration session.

10 (2) Contain such health and safety warnings and other

11 disclosures to the client as the Department may require.

12 Section 145. Administration session.

13 (a) After a client completes a preparation session and

14 completes and signs a client information form, the client may

15 participate in an administration session.

16 (b) An administration session must be held under the

17 supervision of a licensed facilitator.

18 (c) If an administration session is completed in

19 accordance with all applicable requirements, specifications,

20 and guidelines, as determined by the Department, the

21 facilitator must certify, in a form and manner prescribed by

22 the Department, that the client completed the administration

23 session.

24 Section 150. Integration session.

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1 (a) After a client completes an administration session,

2 the facilitator who supervised the administration session must

3 offer the client an opportunity to participate in an

4 integration session. The client may, but need not, participate

5 in an integration session.

6 (b) An integration session may be, but need not be, held at

7 a service center.

8 (c) If an integration session is completed in accordance

9 with all applicable requirements, specifications, and

10 guidelines, as determined by the Department, the facilitator

11 must certify, in a form and manner prescribed by the

12 Department, that the client completed the integration session.

13 Section 155. Reliance on client information form.

14 (a) If a client information form is offered as evidence in

15 any administrative or criminal prosecution of a licensee or

16 licensee representative for sale or service of a psilocybin

17 product to a client, the licensee or licensee representative

18 is not guilty of any offense prohibiting a person from selling

19 or serving a psilocybin product to a client unless it is

20 demonstrated that a reasonable person would have determined

21 that the responses provided by the client on the client

22 information form were incorrect or altered.

23 (b) A licensee or licensee representative shall be

24 entitled to rely upon all statements, declarations, and

25 representations made by a client in a client information form

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1 unless it is demonstrated that either:

2 (1) a reasonable person would have determined that one

3 or more of the statements, declarations, or

4 representations made by the client in the client

5 information form were incorrect or altered; or

6 (2) the licensee or licensee representative violated a

7 provision of this Act or a rule adopted under this Act

8 relative to the client information form.

9 (c) Except as provided in subsection (b), no licensee or

10 licensee representative shall incur legal liability by virtue

11 of any untrue statement, declaration, or representation so

12 relied upon in good faith by the licensee or licensee

13 representative.

14 (d) The Department shall adopt rules for recordkeeping,

15 privacy, and confidentiality requirements of service centers.

16 However, the recordkeeping shall not result in disclosure to

17 the public or any governmental agency of any participant's

18 personally identifiable information.

19 Section 160. Refusal to provide psilocybin services to a

20 client.

21 (a) Subject to applicable State law, a licensee or

22 licensee representative may refuse to provide psilocybin

23 services to a potential client for any or no reason.

24 (b) Except as provided in subsection (c), and subject to

25 applicable State law, a licensee or licensee representative

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1 may cease providing psilocybin services to a client for any or

2 no reason.

3 (c) A service center operator and a facilitator may not

4 cease providing psilocybin services to a client during an

5 administration session after the client has consumed a

6 psilocybin product, except as authorized by the Department by

7 rule or as necessary in an emergency.

8 Section 165. Department powers and duties relating to

9 facilitators.

10 (a) The Department shall perform the following:

11 (1) Determine the qualifications, training, education,

12 and fitness of applicants for licenses to facilitate

13 psilocybin services, giving particular consideration to

14 the following:

15 (A) Facilitation skills that are affirming,

16 nonjudgmental, culturally competent, trauma informed,

17 rooted in informed consent, and nondirective.

18 (B) Support skills for clients during an

19 administration session, including specialized skills

20 for the following:

21 (i) Client safety.

22 (ii) Clients who may have a mental health

23 condition.

24 (C) The environment in which psilocybin services

25 should occur.

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1 (D) Social and cultural considerations.

2 (2) Formulate a code of professional conduct for

3 facilitators, giving particular consideration to a code of

4 ethics.

5 (3) Establish standards of practice and professional

6 responsibility for individuals licensed by the Department

7 to facilitate psilocybin services.

8 (4) Select licensing examinations for licenses to

9 facilitate psilocybin services.

10 (5) Provide for waivers of examinations, as

11 appropriate.

12 (6) Appoint representatives to conduct or supervise

13 examinations of applicants for licenses to facilitate

14 psilocybin services.

15 (b) The Department shall adopt by rule minimum standards

16 of education and training requirements for facilitators.

17 (c) The Department shall approve courses for facilitators.

18 To obtain approval of a course, the provider of a course must

19 submit an outline of instruction to the Department. The

20 outline must include the proposed courses, total hours of

21 instruction, hours of lectures in theory, and the hours of

22 instruction in application of practical skills.

23 (d) The Department may, after 72 hours' notice, make an

24 examination of the books of a licensee for the purpose of

25 determining compliance with this Act and rules adopted under

26 this Act.

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1 (e) The Department may at any time make an examination of

2 premises for which a license has been issued under this Act for

3 the purpose of determining compliance with this Act and rules

4 adopted under this Act.

5 (f) The Department may not require the books of a licensee

6 to be maintained on the premises of the licensee.

7 (g) If a licensee holds more than one license issued under

8 this Act for the same premises, the Department may require the

9 premises to be segregated into separate areas for conducting

10 the activities permitted under each license as is necessary to

11 protect the public health and safety.

12 (h) As is necessary to protect the public health and

13 safety, the Department may require a licensee to maintain

14 general liability insurance in an amount that the Department

15 determines is reasonably affordable and available for the

16 purpose of protecting the licensee against damages resulting

17 from a cause of action related to activities undertaken

18 pursuant to the license held by the licensee.

19 (i) The Department shall perform the following:

20 (1) Develop and maintain a system for tracking the

21 transfer of psilocybin products between premises for which

22 licenses have been issued under this Act. The purposes of

23 the system include, but are not limited to, the following:

24 (A) Preventing the diversion of psilocybin

25 products to other states.

26 (B) Preventing persons from substituting or

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1 tampering with psilocybin products.

2 (C) Ensuring an accurate accounting of the

3 production, processing, and sale of psilocybin

4 products.

5 (D) Ensuring that laboratory testing results are

6 accurately reported.

7 (E) Ensuring compliance with this Act, rules

8 adopted under this Act, and any other law of this State

9 that charges the Department with a duty, function, or

10 power related to psilocybin.

11 (2) Enter into an agreement with the Illinois Liquor

12 Control Commission under which the Illinois Liquor Control

13 Commission shall permit the Department to use any system

14 developed and maintained by the Illinois Liquor Control

15 Commission to track the transfer of psilocybin products

16 between premises for which licenses have been issued under

17 this Act.

18 (j) The system developed under paragraph (1) of subsection

19 (i) must be capable of tracking, at a minimum, the following:

20 (1) The manufacturing of psilocybin products.

21 (2) The sale of psilocybin products by a service

22 center operator to a client.

23 (3) The sale and purchase of psilocybin products

24 between licensees, as permitted by this Act.

25 (4) The transfer of psilocybin products between

26 premises for which licenses have been issued under this

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1 Act.

2 (5) Any other information that the Department

3 determines is reasonably necessary to accomplish the

4 duties, functions, and powers of the Department under this

5 Act.

6 (k) Notwithstanding Section 470, before making any other

7 distribution from the Illinois Psilocybin Fund established

8 under Section 470, the Department of Revenue shall first

9 distribute moneys quarterly from the Fund to the Illinois

10 Liquor Control Commission for deposit into the Cannabis

11 Regulation Fund for purposes of paying any costs incurred by

12 the Illinois Liquor Control Commission under paragraph (2) of

13 subsection (i). For purposes of estimating the amount of

14 moneys necessary to pay any costs incurred under this Section,

15 the Illinois Liquor Control Commission shall establish a

16 formulary based on expected costs for each licensee that is

17 tracked under this Section. The Illinois Liquor Control

18 Commission shall provide to the Department of Revenue and the

19 Illinois Liquor Control Commission on Government Forecasting

20 and Accountability before each quarter the estimated amount of

21 moneys necessary to pay costs expected to be incurred under

22 this Section and the formulary.

23 (l) Except as otherwise provided by law, the Department

24 has any power, and may perform any function, necessary for the

25 Department to prevent the diversion of psilocybin products

26 from licensees to a source that is not operating legally under

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1 the laws of this State.

2 (m) In addition to any other disciplinary action available

3 to the Department under this Act, the Department may

4 immediately restrict, suspend, or refuse to renew a license

5 issued under this Act if circumstances create probable cause

6 for the Department to conclude that a licensee has purchased

7 or received a psilocybin product from an unlicensed source or

8 that a licensee has sold, stored, or transferred a psilocybin

9 product in a manner that is not permitted by the licensee's

10 license.

11 (n) The Department may require a licensee or applicant for

12 a license under this Act to submit, in a form and manner

13 prescribed by the Department, to the Department a sworn

14 statement showing the following:

15 (1) The name and address of each person who has a

16 financial interest in the business operating or to be

17 operated under the license.

18 (2) The nature and extent of the financial interest of

19 each person who has a financial interest in the business

20 operating or to be operated under the license.

21 (3) The Department may refuse to issue, or may

22 suspend, revoke, or refuse to renew, a license issued

23 under this Act if the Department determines that a person

24 who has a financial interest in the business operating or

25 to be operated under the license committed or failed to

26 commit an act that would constitute grounds for the

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1 Department to refuse to issue, or to suspend, revoke, or

2 refuse to renew, the license if the person is the licensee

3 or applicant for the license.

4 (o) Notwithstanding the lapse, suspension, or revocation

5 of a license issued under this Act, the Department may perform

6 the following:

7 (1) Proceed with any investigation of, or any action

8 or disciplinary proceeding against, the person who held

9 the license.

10 (2) Revise or render void an order suspending or

11 revoking the license.

12 (3) In cases involving the proposed denial of a

13 license applied for under this Act, the applicant for

14 licensure may not withdraw the applicant's application.

15 (p) Notwithstanding the lapse, suspension or revocation of

16 a permit issued under Section 190, the Department may perform

17 the following:

18 (1) Proceed with any investigation of, or any action

19 or disciplinary proceeding against, the person who held

20 the permit.

21 (2) Revise or render void an order suspending or

22 revoking the permit.

23 (3) In cases involving the proposed denial of a permit

24 applied for under Section 190, the applicant may not

25 withdraw the applicant's application.

26 (q) The Department may, by rule or order, provide for the

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1 manner and conditions under which the following occur:

2 (1) Psilocybin products left by a deceased, insolvent,

3 or bankrupt person or licensee, or subject to a security

4 interest, may be foreclosed, sold under execution, or

5 otherwise disposed of.

6 (2) The business of a deceased, insolvent, or bankrupt

7 licensee may be operated for a reasonable period following

8 the death, insolvency, or bankruptcy.

9 (3) A secured party may continue to operate at

10 premises for which a license has been issued under this

11 Act for a reasonable period after default on the

12 indebtedness by the debtor.

13 Section 170. Conduct of licensees; prohibitions.

14 (a) A psilocybin product manufacturer that holds a license

15 under Section 85 may not manufacture psilocybin products

16 outdoors.

17 (b) A psilocybin product manufacturer that holds a license

18 under Section 85 may deliver psilocybin products only to or on

19 premises for which a license has been issued under Section 85

20 or Section 100 and may receive psilocybin products only from a

21 psilocybin product manufacturer that holds a license under

22 Section 85.

23 (c) A service center operator that holds a license under

24 Section 100 may deliver psilocybin products only to or on

25 premises for which a license has been issued under Section 100

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1 and may receive psilocybin products only from a psilocybin

2 product manufacturer that holds a license under Section 85 or

3 a service center operator that holds a license under Section

4 100.

5 (d) The sale of psilocybin products to a client by a

6 service center operator that holds a license issued under

7 Section 100 must be restricted to the premises for which the

8 license has been issued.

9 (e) The Department may by order waive the requirements of

10 subsections (b) and (c) to ensure compliance with this Act or a

11 rule adopted under this Act. An order issued under this

12 subsection does not constitute a waiver of any other

13 requirement of this Act or any other rule adopted under this

14 Act.

15 (f) A licensee or licensee representative may not sell or

16 deliver a psilocybin product to a person under 18 years of age.

17 (g) Subject to subsection (h), a licensee or licensee

18 representative, before selling or providing a psilocybin

19 product to another person, must require the person to produce

20 one of the following pieces of identification:

21 (1) The person's passport.

22 (2) The person's driver's license, issued by the State

23 of Illinois or another state of the United States.

24 (3) An identification card issued by the State of

25 Illinois.

26 (4) A United States military identification card.

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1 (5) An identification card issued by a federally

2 recognized Indian tribe.

3 (6) Any other identification card issued by a state or

4 territory of the United States that bears a picture of the

5 person, the name of the person, the person's date of

6 birth, and a physical description of the person.

7 (h) The Department may adopt rules exempting a licensee or

8 licensee representative from the provisions of subsection (g).

9 (i) A client may not be required to procure for the purpose

10 of acquiring or purchasing a psilocybin product a piece of

11 identification other than a piece of identification described

12 in subsection (g).

13 (j) A service center operator, a facilitator, or any

14 employee of a service center operator or facilitator may not

15 disclose any information that may be used to identify a client

16 or any communication made by a client during the course of

17 providing psilocybin services or selling psilocybin products

18 to the client, except for the following:

19 (1) When the client or a person authorized to act on

20 behalf of the client gives consent to the disclosure.

21 (2) When the client initiates legal action or makes a

22 complaint against the service center operator, the

23 facilitator, or the employee.

24 (3) When the communication reveals the intent to

25 commit a crime harmful to the client or others.

26 (4) When the communication reveals that a minor may

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1 have been a victim of a crime or physical, sexual, or

2 emotional abuse or neglect.

3 (5) When responding to an inquiry by the Department

4 made during the course of an investigation into the

5 conduct of the service center operator, the facilitator,

6 or the employee under this Act.

7 (k) A client may purchase a psilocybin product only at a

8 service center.

9 (l) A licensee may not employ a person under 18 years of

10 age at premises for which a license has been issued under this

11 Act.

12 (m) During an inspection of premises for which a license

13 has been issued under this Act, the Department may require

14 proof that a person performing work at the premises is 18 years

15 of age or older. If the person does not provide the Department

16 with acceptable proof of age upon request, the Department may

17 require the person to immediately cease any activity and leave

18 the premises until the Department receives acceptable proof of

19 age. This subsection does not apply to a person temporarily at

20 the premises to make a service, maintenance, or repair call or

21 for other purposes independent of the premises operations.

22 (n) If a person performing work has not provided proof of

23 age requested by the Department under subsection (m), the

24 Department may request that the licensee provide proof that

25 the person is 18 years of age or older. Failure of the licensee

26 to respond to a request made under this subsection by

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1 providing acceptable proof of age for a person is prima facie

2 evidence that the licensee has allowed the person to perform

3 work at the premises for which a license has been issued under

4 this Act in violation of the minimum age requirement.

5 (o) A licensee may not use or allow the use of a mark or

6 label on the container of a psilocybin product that is kept for

7 sale if the mark or label does not precisely and clearly

8 indicate the nature of the container's contents or if the mark

9 or label in any way might deceive a person about the nature,

10 composition, quantity, age, or quality of the container's

11 contents.

12 (p) The Department may prohibit a licensee from selling

13 any psilocybin product that, in the Department's judgment, is

14 deceptively labeled or contains injurious or adulterated

15 ingredients.

16 Section 175. Psilocybin product prohibitions.

17 (a) A psilocybin product may not be sold or offered for

18 sale within this State unless the psilocybin product complies

19 with the minimum standards under the laws of this State.

20 (b) The Department may prohibit the sale of a psilocybin

21 product by a service center operator for a reasonable period

22 of time, not exceeding 90 days, for the purpose of determining

23 whether the psilocybin product complies with the minimum

24 standards prescribed by the laws of this State.

25 (c) A person may not make false representations or

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1 statements to the Department in order to induce or prevent

2 action by the Department.

3 (d) A licensee may not maintain a noisy, lewd, unsafe, or

4 unsanitary establishment or supply impure or otherwise

5 deleterious psilocybin products.

6 (e) A licensee may not misrepresent to a person or to the

7 public any psilocybin products.

8 Section 180. Purpose of licenses issued under this Act. A

9 license issued under this Act serves the purpose of exempting

10 the person who holds the license from the criminal laws of this

11 State for possession, delivery, or manufacture of psilocybin

12 products if the person complies with all State laws and rules

13 applicable to the licensee.

14 Section 185. Disciplining licensees.

15 (a) The Department may revoke, suspend, or restrict a

16 license issued under this Act or require a licensee or

17 licensee representative to undergo training if the Department

18 finds or has reasonable grounds to believe any of the

19 following to be true:

20 (1) That the licensee or licensee representative:

21 (A) has violated a provision of this Act or a rule

22 adopted under this Act, including any code of

23 professional conduct or code of ethics;

24 (B) has made any false representation or statement

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1 to the Department in order to induce or prevent action

2 by the Department;

3 (C) is insolvent or incompetent or physically

4 unable to carry on the management of the establishment

5 of the licensee;

6 (D) is in the habit of using alcoholic liquor,

7 habit-forming drugs, cannabis, psilocybin products, or

8 controlled substances to excess;

9 (E) has misrepresented to a person or the public

10 any psilocybin products sold by the licensee or

11 licensee representative; or

12 (F) since the issuance of the license has been

13 convicted of a felony, of violating any State or local

14 psilocybin products law, or of any misdemeanor or

15 violation of any municipal ordinance committed on the

16 premises for which the license has been issued.

17 (2) That there is any other reason that, in the

18 opinion of the Department, based on public convenience or

19 necessity, warrants revoking, suspending, or restricting

20 the license.

21 (b) An individual who performs work for, or on behalf of, a

22 licensee must have a valid permit issued by the Department

23 under Section 190 if the individual participates in any of the

24 following:

25 (1) The provision of psilocybin services at the

26 premises for which the license has been issued.

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1 (2) The possession, manufacturing, securing, or

2 selling of psilocybin products at the premises for which

3 the license has been issued.

4 (3) The recording of the possession, manufacturing,

5 securing, or selling of psilocybin products at the

6 premises for which the license has been issued.

7 (4) The verification of any document containing

8 fingerprints required under Section 55.

9 (c) A licensee must verify that an individual has a valid

10 permit issued under Section 190 before allowing the individual

11 to perform any work described in subsection (b) at the

12 premises for which the license has been issued.

13 Section 190. Issuing and renewing permits; fees; rules.

14 (a) The Department shall issue permits to qualified

15 applicants to perform work described in Section 185. The

16 Department shall adopt rules establishing the following:

17 (1) The qualifications for performing work described

18 in Section 185.

19 (2) The term of a permit issued under this Section.

20 (3) Procedures for applying for and renewing a permit

21 issued under this Section.

22 (4) Reasonable application, issuance, and renewal fees

23 for a permit issued under this Section.

24 (b) The Department may require an individual applying for

25 a permit under this Section to successfully complete a course,

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1 made available by or through the Department, through which the

2 individual receives training on the following:

3 (1) Checking identification.

4 (2) Detecting intoxication.

5 (3) Handling psilocybin products.

6 (4) If applicable, the manufacturing of psilocybin

7 products.

8 (5) The content of this Act and rules adopted under

9 this Act.

10 (6) Any matter deemed necessary by the Department to

11 protect the public health and safety.

12 (c) The Department or other provider of a course may

13 charge a reasonable fee for the course described under

14 subsection (b).

15 (d) The Department may not require an individual to

16 successfully complete a course described under subsection (b)

17 more than once, except for the following:

18 (1) As part of a final order suspending a permit

19 issued under this Section, the Department may require a

20 permit holder to successfully complete the course as a

21 condition of lifting the suspension.

22 (2) As part of a final order revoking a permit issued

23 under this Section, the Department shall require an

24 individual to successfully complete the course prior to

25 applying for a new permit.

26 (e) The Department shall conduct a criminal records check

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1 on an individual applying for a permit under this Section.

2 (f) Subject to applicable provisions of Illinois law, the

3 Department may suspend, revoke, or refuse to issue or renew a

4 permit if the individual who is applying for or who holds the

5 permit meets any of the following:

6 (1) Is convicted of a felony, or is convicted of an

7 offense under this Act, except that the Department may not

8 consider a conviction for an offense under this Act if the

9 date of the conviction is 2 or more years before the date

10 of the application or renewal.

11 (2) Violates any provision of this Act or any rule

12 adopted under this Act.

13 (3) Makes a false statement to the Department.

14 (g) A permit issued under this Section is a personal

15 privilege and permits work described under Section 185 only

16 for the individual who holds the permit.

17 Section 195. Authority to require fingerprints of

18 individuals listed on application. For the purpose of

19 requesting a State or nationwide criminal records check, the

20 Department may require the fingerprints of any individual

21 listed on an application submitted under Section 190.

22 Section 200. Whistleblower protection for employees. It is

23 an unlawful employment practice for a licensee to discharge,

24 demote, suspend, or in any manner discriminate or retaliate

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1 against an employee of the licensee with regard to promotion,

2 compensation, or other terms, conditions, or privileges of

3 employment on the basis that the employee has in good faith

4 reported information to the Department that the employee

5 believes is evidence of a violation of this Act or a rule

6 adopted under this Act.

7 Section 205. Psilocybin Control and Regulation Fund. The

8 Psilocybin Control and Regulation Fund is established as a

9 special fund in the State treasury. Interest earned by the

10 Psilocybin Control and Regulation Fund shall be credited to

11 the Fund. Moneys in the Fund are continuously appropriated to

12 the Department to administer and enforce this Act and to

13 develop and implement programs for education, harm reduction,

14 social equity, and unarmed crisis prevention services.

15 Section 210. Prohibited conduct.

16 (a) Except as authorized by the Department by rule, or as

17 necessary in an emergency, a person under 18 years of age may

18 not enter or attempt to enter any portion of premises posted or

19 otherwise identified as being prohibited to the use of persons

20 under 18 years of age.

21 (b) A person who violates subsection (a) commits a Class B

22 misdemeanor.

23 (c) The prohibitions of this Section do not apply to a

24 person under 18 years of age who is acting under the direction

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1 of the Department or under the direction of a State or local

2 law enforcement agency for the purpose of investigating the

3 possible violation of a law prohibiting the sale of a

4 psilocybin product to a person who is under 18 years of age.

5 (d) The prohibitions of this Section do not apply to a

6 person under 18 years of age who is acting under the direction

7 of a licensee for the purpose of investigating possible

8 violations by employees of the licensee of laws prohibiting

9 sales of psilocybin products to persons who are under 18 years

10 of age.

11 (e) A person under 18 years of age is not in violation of,

12 and is immune from prosecution under, this Section if either

13 of the following occurred:

14 (1) The person contacted emergency medical services or

15 a law enforcement agency in order to obtain medical

16 assistance for another person who was in need of medical

17 assistance because that person consumed a psilocybin

18 product and the evidence of the violation was obtained as

19 a result of the person having contacted emergency medical

20 services or a law enforcement agency.

21 (2) The person was in need of medical assistance

22 because the person consumed a psilocybin product and the

23 evidence of the violation was obtained as a result of the

24 person having sought or obtained the medical assistance.

25 (f) Subsection (e) does not exclude the use of evidence

26 obtained as a result of a person having sought medical

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1 assistance in proceedings for crimes or offenses other than a

2 violation of this Section.

3 Section 215. Identification that falsely indicates age.

4 (a) A person may not produce any piece of identification

5 that falsely indicates the person's age.

6 (b) Violation of this Section is a Class A misdemeanor.

7 (c) If a piece of identification is offered as evidence in

8 any administrative or criminal prosecution of a licensee or

9 licensee representative for sale or service of a psilocybin

10 product to a person under 18 years of age, the licensee or

11 licensee representative is not guilty of any offense

12 prohibiting a person from selling or serving a psilocybin

13 product to a person under 18 years of age unless it is

14 demonstrated that a reasonable person would have determined

15 that the identification exhibited by the person under 18 years

16 of age was altered or that the identification exhibited by the

17 person under 18 years of age did not accurately describe the

18 person to whom the psilocybin product was sold or served.

19 Section 220. Prohibition against giving psilocybin

20 products to a person who is visibly intoxicated; penalty.

21 (a) A person may not sell, give, or otherwise make

22 available a psilocybin product to a person who is visibly

23 intoxicated.

24 (b) Violation of this Section is a Class A misdemeanor.

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1 Section 225. Prohibition against giving psilocybin product

2 as prize; penalty.

3 (a) A psilocybin product may not be given as a prize,

4 premium, or consideration for a lottery, contest, game of

5 chance, game of skill, or competition of any kind.

6 (b) Violation of this Section is a Class A misdemeanor.

7 Section 230. Civil enforcement. In addition to any other

8 liability or penalty provided by law, the Department may

9 impose for each violation of a provision of this Act or a rule

10 adopted under this Act a civil penalty that does not exceed

11 $5,000 for each violation. Moneys collected under this Section

12 shall be deposited into the Psilocybin Control and Regulation

13 Fund established under Section 205.

14 Section 235. Criminal enforcement.

15 (a) The law enforcement officers of this State may enforce

16 this Act and assist the Department in detecting violations of

17 this Act and apprehending offenders. A law enforcement officer

18 who has notice, knowledge, or reasonable grounds for suspicion

19 of a violation of this Act shall immediately notify the

20 State's Attorney who has jurisdiction over the violation and

21 furnish the State's Attorney who has jurisdiction over the

22 violation with the name and address of any witnesses to the

23 violation or other information related to the violation.

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1 (b) A county court, State's Attorney, or municipal

2 authority, immediately upon the conviction of a licensee of a

3 violation of this Act or of a violation of any other law of

4 this State or ordinance of a city or county located in this

5 State, an element of which is the possession, delivery, or

6 manufacture of a psilocybin product, shall notify the

7 Department of the conviction.

8 (c) Violation of a rule adopted under paragraph (3) of

9 subsection (b) of Section 35 is a Class C misdemeanor.

10 Section 245. Home rule; licensure. The authority to

11 require a license for the manufacturing or sale of psilocybin

12 products in this State or for the provision of psilocybin

13 services in this State is an exclusive power and function of

14 the State. A home rule unit may not license the manufacture,

15 sale, or provision of psilocybin products. This Section is a

16 denial and limitation of home rule powers and functions under

17 subsection (h) of Section 6 of Article VII of the Illinois

18 Constitution.

19 Section 250. Local time, place, and manner regulations.

20 (a) For purposes of this Section, "reasonable regulation"

21 includes the following:

22 (1) Reasonable conditions on the manner in which a

23 psilocybin product manufacturer that holds a license

24 issued under Section 85 may manufacture psilocybin

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1 products.

2 (2) Reasonable conditions on the manner in which a

3 service center operator that holds a license issued under

4 Section 100 may provide psilocybin services.

5 (3) Reasonable limitations on the hours during which

6 premises for which a license has been issued under this

7 Act may operate.

8 (4) Reasonable requirements related to the public's

9 access to premises for which a license has been issued

10 under this Act.

11 (5) Reasonable limitations on where premises for which

12 a license may be issued under this Act may be located.

13 (b) Notwithstanding the provisions of any law to the

14 contrary, the governing body of a city or county may adopt an

15 ordinance that imposes a reasonable regulation on the

16 operation of businesses located at premises for which a

17 license has been issued under this Act if the premises are

18 located in an area subject to the jurisdiction of the city or

19 county, except that the governing body of a city or county may

20 not adopt an ordinance that prohibits premises for which a

21 license has been issued under Section 100 from being located

22 within a distance that is greater than 1,000 feet of another

23 premises for which a license has been issued under Section

24 100.

25 Section 255. Local tax or fee prohibited.

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1 (a) The authority to impose a tax or fee on the

2 manufacturing, sale, or provision of psilocybin products in

3 this State or on the provision of psilocybin services in this

4 State is an exclusive power and function of the State. A home

5 rule unit may not impose a tax or fee on the manufacture, sale,

6 or provision of psilocybin products. This Section is a denial

7 and limitation of home rule powers and functions under

8 subsection (h) of Section 6 of Article VII of the Illinois

9 Constitution.

10 (b) A county, municipality, or unit of local government

11 may not adopt or enact ordinances imposing a tax or fee on the

12 manufacturing or sale of psilocybin products in this State or

13 on the provision of psilocybin services in this State.

14 Section 260. Repeal of city or county ordinances that

15 prohibit certain establishments.

16 (a) The governing body of a city or county may repeal an

17 ordinance that prohibits the establishment of any one or more

18 of the following in the area subject to the jurisdiction of the

19 city or in the unincorporated area subject to the jurisdiction

20 of the county:

21 (1) Psilocybin product manufacturers that hold a

22 license issued under Section 85.

23 (2) Service center operators that hold a license

24 issued under Section 100.

25 (3) Any combination of the entities described in

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1 paragraphs (1) and (2).

2 (b) If the governing body of a city or county repeals an

3 ordinance under this Section, the governing body must provide

4 the text of the ordinance to the Department, in a form and

5 manner prescribed by the Department, if the ordinance concerns

6 premises for which a license has been issued under this Act.

7 Section 265. Duty of Illinois Liquor Control Commission to

8 assist. The Illinois Liquor Control Commission shall assist

9 and cooperate with the Department and the Department of

10 Agriculture to the extent necessary for the Department and the

11 Department of Agriculture to carry out the duties of the

12 Department and the Department of Agriculture under this Act.

13 Section 270. Department of Agriculture to assist.

14 (a) The Department of Agriculture shall assist and

15 cooperate with the Department to the extent necessary for the

16 Department to carry out the duties of the Department under

17 this Act.

18 (b) The Department of Agriculture may possess, test, and

19 dispose of psilocybin products.

20 Section 275. Prohibition against refusing to perform

21 certain duties.

22 (a) The Department, the Department of Agriculture, and the

23 Illinois Liquor Control Commission may not refuse to perform

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1 any duty under this Act on the basis that manufacturing,

2 distributing, dispensing, possessing, or using psilocybin

3 products is prohibited by federal law.

4 (b) The Department may not revoke, refuse to issue, or

5 renew a license or permit under this Act on the basis that

6 manufacturing, distributing, dispensing, possessing, or using

7 psilocybin products is prohibited by federal law.

8 Section 280. Immunity for State agencies, officers, and

9 employees in performance of duties. A person may not sue the

10 Department, the Department of Agriculture, the Illinois Liquor

11 Control Commission, a member of the Illinois Liquor Control

12 Commission, or any employee of the Department, Department of

13 Agriculture, or Illinois Liquor Control Commission for

14 performing or omitting to perform any duty, function, or power

15 of the Department, the Department of Agriculture, or the

16 Illinois Liquor Control Commission set forth in this Act or in

17 any other law of this State requiring the Department, the

18 Department of Agriculture, or the Illinois Liquor Control

19 Commission to perform a duty, function, or power related to

20 psilocybin products.

21 Section 285. Authority to purchase, possess, seize, or

22 dispose of psilocybin products. Subject to any applicable

23 provision of Illinois law, any State officer, board,

24 commission, corporation, institution, department, or other

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1 State body, and any local officer, board, commission,

2 institution, department, or other local government body, that

3 is authorized by the laws of this State to perform a duty,

4 function, or power with respect to a psilocybin product may

5 purchase, possess, seize, or dispose of the psilocybin product

6 as the State officer, board, commission, corporation,

7 institution, department, or other State body or the local

8 officer, board, commission, institution, department, or other

9 local government body considers necessary to ensure compliance

10 with and enforce the applicable State law or any rule adopted

11 under the applicable State law.

12 Section 290. Suspension of a license or permit without

13 notice. In the case of an invasion, disaster, insurrection,

14 riot, or imminent danger of invasion, disaster, insurrection,

15 or riot, the Governor may, for the duration of the invasion,

16 disaster, insurrection, riot, or imminent danger, immediately

17 and without notice, suspend, in the area involved, any license

18 or permit issued under this Act.

19 Section 295. Psilocybin-producing fungi as a crop.

20 (a) In this Section, "psilocybin-producing fungi" means:

21 (1) A crop for the purposes of farm use.

22 (2) A crop for purposes of a farm or farming practice.

23 (3) A product of farm use.

24 (4) The product of an agricultural activity.

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1 (b) Notwithstanding the provisions of any law to the

2 contrary, the following are not permitted uses on land

3 designated for exclusive farm use:

4 (1) A new dwelling used in conjunction with a

5 psilocybin-producing fungi crop.

6 (2) A farm stand used in conjunction with a

7 psilocybin-producing fungi crop.

8 (c) The operation of a service center may be carried on in

9 conjunction with a psilocybin-producing fungi crop.

10 (d) A county may allow the manufacture of psilocybin

11 products as a farm use on land zoned for farm or forest use in

12 the same manner as the manufacture of psilocybin products is

13 allowed in exclusive farm use zones under this Section or any

14 other applicable State law.

15 (e) This Section applies to psilocybin product

16 manufacturers that hold a license under Section 85.

17 Section 300. Regulation of psilocybin products as food or

18 other commodity.

19 (a) Notwithstanding the authority granted to the

20 Department of Agriculture under the provisions of any law to

21 the contrary, the Department of Agriculture may not exercise

22 authority over a psilocybin product or a licensee except as

23 provided in this Act.

24 (b) In exercising its authority under this Act, the

25 Department of Agriculture may not:

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1 (1) establish standards for psilocybin products as a

2 food additive; or

3 (2) consider psilocybin products to be an adulterant

4 unless the concentration of a psilocybin product exceeds

5 acceptable levels established by the Department by rule.

6 Section 305. Enforceability of contracts. A contract is

7 not unenforceable on the basis that manufacturing,

8 distributing, dispensing, possessing, or using psilocybin

9 products is prohibited by federal law.

10 Section 310. Department hotline for verification of

11 license. The Department shall maintain a telephone hotline for

12 the following persons to inquire if an address is the location

13 of premises for which a license has been issued under this Act

14 or is the location of premises for which an application for

15 licensure has been submitted under Section 50:

16 (1) A person designated by a city or a county.

17 (2) A person designated by the Office of Water

18 Resources of the Department of Natural Resources.

19 (3) A person designated by the board of trustees of

20 any public water district.

21 Section 315. Information related to licensure that is

22 exempt from disclosure.

23 (a) Subject to subsection (b), information is exempt from

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1 public disclosure under the Freedom of Information Act if the

2 information is any of the following:

3 (1) Personally identifiable information.

4 (2) The address of premises for which a license has

5 been issued or for which an applicant has proposed

6 licensure under Section 85, 100, or 325.

7 (3) Related to the security plan or the operational

8 plan for premises for which a license has been issued or

9 for which an applicant has proposed licensure under

10 Section 85, 100, or 325.

11 (4) Related to any record that the Department

12 determines contains proprietary information of a licensee.

13 (b) The exemption from public disclosure as provided by

14 this Section does not apply to the following:

15 (1) The name of an individual listed on an application

16 if the individual is a direct owner of the business

17 operating or to be operated under the license.

18 (2) A request for information if the request is made

19 by a law enforcement agency.

20 (c) For purposes of paragraph (1) of subsection (b), an

21 individual is not a direct owner of the business operating or

22 to be operated under the license if the individual is either of

23 the following:

24 (1) The direct owner of the business operating or to

25 be operated under the license is a legal entity.

26 (2) Merely a general partner, limited partner, member,

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1 shareholder, or other direct or indirect owner of the

2 legal entity.

3 Section 320. Testing standards and processes; rules.

4 (a) As is necessary to protect the public health and

5 safety, and in consultation with the Illinois Liquor Control

6 Commission and the Department of Agriculture, the Department

7 shall adopt rules that achieve the following:

8 (1) Establish standards for testing psilocybin

9 products.

10 (2) Identify appropriate tests for psilocybin

11 products, depending on the type of psilocybin product and

12 the manner in which the psilocybin product was

13 manufactured, that are necessary to protect the public

14 health and safety, which may include, but are not limited

15 to, tests for the following:

16 (A) Microbiological contaminants.

17 (B) Pesticides.

18 (C) Other contaminants.

19 (D) Solvents or residual solvents.

20 (E) Psilocybin concentration.

21 (F) Psilocin concentration.

22 (G) Total tryptamine concentration

23 (3) Establish procedures for determining batch sizes

24 and for sampling psilocybin products.

25 (4) Establish different minimum standards for

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1 different varieties of psilocybin products.

2 (b) In addition to the testing requirements established

3 under subsection (a), the Department may require psilocybin

4 products to be tested in accordance with any applicable law of

5 this State, or any applicable rule adopted under a law of this

6 State, related to the production and processing of food

7 products or commodities.

8 (c) In adopting rules under this Act, the Department may

9 require a psilocybin product manufacturer that holds a license

10 under Section 85 to test psilocybin products before selling or

11 transferring the psilocybin products.

12 (d) The Department may conduct random testing of

13 psilocybin products for the purpose of determining whether a

14 licensee subject to testing under subsection (c) is in

15 compliance with this Section.

16 (e) In adopting rules to implement this Section, the

17 Department may not require a psilocybin product to undergo the

18 same test more than once unless the psilocybin product is

19 processed into a different type of psilocybin product or the

20 condition of the psilocybin product has fundamentally changed.

21 (f) The testing of psilocybin products as required by this

22 Section must be conducted by a laboratory licensed by the

23 Department under Section 325 and accredited by the Department

24 under Section 340.

25 (g) In adopting rules under subsection (a), the Department

26 shall consider the cost of a potential testing procedure and

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1 how that cost will affect the cost to the ultimate client and

2 may not adopt rules that are more restrictive than is

3 reasonably necessary to protect the public health and safety.

4 Section 325. Laboratory licensure; qualifications; fees;

5 rules.

6 (a) A laboratory that conducts testing of psilocybin

7 products as required by Section 320 must have a license to

8 operate at the premises at which the psilocybin products are

9 tested.

10 (b) For purposes of this Section, the Department shall

11 adopt rules establishing the following:

12 (1) Qualifications to be licensed under this Section,

13 including that an applicant for licensure under this

14 Section must be accredited by the Department as described

15 in Section 340.

16 (2) Processes for applying for and renewing a license

17 under this Section.

18 (3) Fees for applying for, receiving, and renewing a

19 license under this Section.

20 (4) Procedures for the following:

21 (A) Tracking psilocybin products to be tested.

22 (B) Documenting and reporting test results.

23 (C) Disposing of samples of psilocybin products

24 that have been tested.

25 (c) A license issued under this Section must be renewed

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1 annually.

2 (d) The Department may inspect premises licensed under

3 this Section to ensure compliance with Sections 320 through

4 360 and rules adopted under those Sections.

5 (e) Subject to applicable provisions of Illinois law, the

6 Department may refuse to issue or renew, or may suspend or

7 revoke, a license issued under this Section for violation of a

8 provision of this Act or a rule adopted under a provision of

9 this Act.

10 (f) Fees adopted under paragraph (3) of subsection (b)

11 must be reasonably calculated to pay the expenses incurred by

12 the Department under this Act.

13 (g) Fees collected under this Section shall be deposited

14 into the Psilocybin Control and Regulation Fund established

15 under Section 205 and are continuously appropriated to the

16 Department for the purpose of carrying out the duties,

17 functions, and powers of the Department under this Act.

18 Section 330. Authority to require fingerprints of

19 applicants and other individuals. For the purpose of

20 requesting a State or nationwide criminal records check under

21 this Act, the Department may require the fingerprints of any

22 individual listed on an application submitted under Section

23 325. The powers conferred on the Department under this Section

24 include the power to require the fingerprints of the following

25 persons:

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1 (1) If the applicant is a limited partnership, each

2 general partner of the limited partnership.

3 (2) If the applicant is a manager-managed limited

4 liability company, each manager of the limited liability

5 company.

6 (3) If the applicant is a member-managed limited

7 liability company, each voting member of the limited

8 liability company.

9 (4) If the applicant is a corporation, each director

10 and officer of the corporation.

11 (5) Any individual who holds a financial interest of

12 10% or more in the person applying for the license.

13 Section 335. Statement of applicant for laboratory

14 licensure. The Department may require a licensee or applicant

15 for a license under Section 325 to submit, in a form and manner

16 prescribed by the Department, to the Department a sworn

17 statement showing the following:

18 (1) The name and address of each person who has a

19 financial interest in the business operating or to be

20 operated under the license.

21 (2) The nature and extent of the financial interest of

22 each person who has a financial interest in the business

23 operating or to be operated under the license.

24 (3) The Department may refuse to issue, or may

25 suspend, revoke, or refuse to renew, a license issued

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1 under Section 325 if the Department determines that a

2 person who has a financial interest in the business

3 operating or to be operated under the license committed or

4 failed to commit an act that would constitute grounds for

5 the Department to refuse to issue, or to suspend, revoke

6 or refuse to renew, the license if the person were the

7 licensee or applicant for the license.

8 Section 340. Laboratory accreditation.

9 (a) A laboratory that conducts testing of a psilocybin

10 product as required by Section 325 must be accredited and meet

11 other qualifications as established by the Department under

12 this Section.

13 (b) In addition to other qualifications required pursuant

14 to applicable law, the Department shall require an applicant

15 for accreditation for purposes related to the testing of

16 psilocybin products to the following:

17 (1) Complete an application.

18 (2) Undergo an onsite inspection.

19 (3) Meet other applicable requirements,

20 specifications, and guidelines for testing psilocybin

21 products, as determined to be appropriate by the

22 Department by rule.

23 (c) The Department may inspect premises licensed under

24 Section 325 to ensure compliance with Sections 320 through 360

25 and rules adopted under those Sections.

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1 (d) Subject to applicable provisions of Illinois law, the

2 Department may refuse to issue or renew, or may suspend or

3 revoke, a laboratory's accreditation granted under this

4 Section for violation of a provision of this Act or a rule

5 adopted under this Act.

6 (e) In establishing fees under this Section for

7 laboratories that test psilocybin products, the Department

8 shall establish fees that are reasonably calculated to pay the

9 expenses incurred by the Department under this Section in

10 accrediting laboratories that test psilocybin products.

11 Section 345. Authority to discipline licensees. Subject to

12 applicable provisions of Illinois law, if an applicant or

13 licensee violates a provision of Sections 320 through 360 or a

14 rule adopted under those Sections, the Department may refuse

15 to issue or renew, or may suspend or revoke, a license issued

16 under Section 85, 100, 115, or 325.

17 Section 350. Authority of the Department over certain

18 persons; license actions.

19 (a) Notwithstanding the lapse, suspension, or revocation

20 of a license issued under Section 325, the Department may do

21 either of the following:

22 (1) Proceed with any investigation of, or any action

23 or disciplinary proceeding against, the person who held

24 the license.

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1 (2) Revise or render void an order suspending or

2 revoking the license.

3 (b) In cases involving the proposed denial of a license

4 applied for under this Act, the applicant for licensure may

5 not withdraw the applicant's application.

6 Section 355. Civil penalty for certain violations.

7 (a) In addition to any other liability or penalty provided

8 by law, the Department may impose for each violation of a

9 provision of Sections 320 through 360 or a rule adopted under

10 those Sections a civil penalty that does not exceed $500 for

11 each day that the violation occurs.

12 (b) The Department shall impose civil penalties under this

13 Section in the manner provided by applicable Illinois law.

14 (c) Moneys collected under this Section shall be deposited

15 into the Psilocybin Control and Regulation Fund established

16 under Section 205 and are continuously appropriated to the

17 Department for the purpose of carrying out the duties,

18 functions, and powers of the Department under this Act.

19 Section 360. Exemption from criminal liability. A person

20 who holds a license under Section 325, and an employee of or

21 other person who performs work for a person who holds a license

22 under Section 325, is exempt from the criminal laws of this

23 State for possession, delivery, or manufacture of psilocybin,

24 aiding and abetting another in the possession, delivery, or

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1 manufacture of psilocybin, or any other criminal offense in

2 which possession, delivery, or manufacture of psilocybin is an

3 element, while performing activities related to testing as

4 described in Sections 320 through 360.

5 Section 365. Labeling requirements; rules.

6 (a) As is necessary to protect the public health and

7 safety, and in consultation with the Department of Agriculture

8 and the Illinois Liquor Control Commission, the Department

9 shall adopt rules establishing standards for the labeling of

10 psilocybin products, including, but not limited to, the

11 following:

12 (1) Ensuring that psilocybin products have labeling

13 that communicates the following:

14 (A) Health and safety warnings.

15 (B) If applicable, activation time.

16 (C) Potency.

17 (D) If applicable, serving size and the number of

18 servings included in a psilocybin product.

19 (E) Content of the psilocybin product.

20 (2) Labeling that is in accordance with applicable

21 State food labeling requirements for the same type of food

22 product or potable liquid when the food product or potable

23 liquid does not contain psilocybin.

24 (b) In adopting rules under this Act, the Department shall

25 require all psilocybin products sold or transferred by a

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1 service center that holds a license issued under Section 100

2 to be labeled in accordance with subsection (a) and rules

3 adopted under subsection (a).

4 (c) In adopting rules under subsection (a), the

5 Department:

6 (1) may establish different labeling standards for

7 different varieties and types of psilocybin products;

8 (2) shall consider the cost of a potential requirement

9 and how that cost will affect the cost to the ultimate

10 client; and

11 (3) may not adopt rules that are more restrictive than

12 is reasonably necessary to protect the public health and

13 safety.

14 Section 370. Preapproval of labels.

15 (a) The Department may by rule require a licensee to

16 submit a label intended for use on a psilocybin product for

17 preapproval by the Department before the licensee may sell or

18 transfer a psilocybin product bearing the label. The

19 Department shall determine whether a label submitted under

20 this Section complies with Section 365 and any rule adopted

21 under Section 365.

22 (b) The Department may impose a fee for submitting a label

23 for preapproval under this Section that is reasonably

24 calculated to not exceed the cost of administering this

25 Section.

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1 Section 375. Packaging requirements; rules.

2 (a) As is necessary to protect the public health and

3 safety, and in consultation with the Department of Agriculture

4 and the Illinois Liquor Control Commission, the Department

5 shall adopt rules establishing standards for the packaging of

6 psilocybin products, including, but not limited to, ensuring

7 that psilocybin products are not marketed in a manner that is

8 either untruthful or misleading, or otherwise creates a

9 significant risk of harm to public health and safety.

10 (b) In adopting rules under this Act, the Department shall

11 require all psilocybin products sold or transferred by a

12 service center that holds a license issued under Section 100

13 to be packaged in accordance with subsection (a) and rules

14 adopted under subsection (a).

15 (c) In adopting rules under subsection (a), the

16 Department:

17 (1) may establish different packaging standards for

18 different varieties and types of psilocybin products;

19 (2) may consider the effect on the environment of

20 requiring certain packaging;

21 (3) shall consider the cost of a potential requirement

22 and how that cost will affect the cost to the ultimate

23 client; and

24 (4) may not adopt rules that are more restrictive than

25 is reasonably necessary to protect the public health and

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1 safety.

2 Section 380. Preapproval of packaging.

3 (a) The Department may by rule require a licensee to

4 submit packaging intended for a psilocybin product for

5 preapproval by the Department before the licensee may sell or

6 transfer a psilocybin product packaged in the packaging. The

7 Department shall determine whether packaging submitted under

8 this Section complies with Section 375 and any rule adopted

9 under Section 375.

10 (b) The Department may impose a fee for submitting

11 packaging for preapproval under this Section that is

12 reasonably calculated to not exceed the cost of administering

13 this Section.

14 Section 385. Dosage requirements; rules.

15 (a) The Department shall adopt rules establishing the

16 following:

17 (1) The maximum concentration of psilocybin that is

18 permitted in a single serving of a psilocybin product.

19 (2) The number of servings that are permitted in a

20 psilocybin product package.

21 (b) In adopting rules under this Act, the Department shall

22 require all psilocybin products sold or transferred by a

23 service center that holds a license under Section 100 to meet

24 the concentration standards and packaging standards adopted by

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1 rule pursuant to this Section.

2 Section 390. Inspections. To ensure compliance with

3 Sections 365 through 400 and any rule adopted under those

4 Sections, the Department may inspect the premises of a person

5 that holds a license under Section 85 or 100.

6 Section 395. Discipline of licensees. Subject to

7 applicable provisions of law, if an applicant or licensee

8 violates a provision of Sections 365 through 400 or a rule

9 adopted under those Sections, the Department may refuse to

10 issue or renew, or may suspend or revoke, a license issued

11 under Section 85, 100, or 115.

12 Section 400. Civil penalties.

13 (a) In addition to any other liability or penalty provided

14 by law, the Department may impose for each violation of a

15 provision of Sections 365 through 400 or a rule adopted under

16 those Sections, a civil penalty that does not exceed $500 for

17 each day that the violation occurs.

18 (b) The Department shall impose civil penalties under this

19 Section in the manner provided under applicable Illinois law.

20 (c) Moneys collected under this Section shall be deposited

21 into the Psilocybin Control and Regulation Fund established

22 under Section 205 and are continuously appropriated to the

23 Department for the purpose of carrying out the duties,

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1 functions, and powers of the Department under this Act.

2 Section 405. Definitions. In this Section through Section

3 475:

4 "Retail sale" means any transfer, exchange, gift, or

5 barter of a psilocybin product by any person to a client.

6 "Retail sales price" means the price paid for a psilocybin

7 product, excluding tax, to a service center operator by or on

8 behalf of a client.

9 Section 410. Tax on retail sale of psilocybin products.

10 (a) A tax is hereby imposed upon the retail sale of

11 psilocybin products in this State. The tax imposed by this

12 Section is a direct tax on the client for which payment upon

13 retail sale is required. The tax shall be collected at the

14 point of sale of a psilocybin product by a service center

15 operator at the time at which the retail sale occurs.

16 (b) The tax imposed under this Section shall be imposed at

17 the rate of 15% of the retail sales price of psilocybin

18 products.

19 (c) If the tax imposed under this Section does not equal an

20 amount calculable to a whole cent, the tax shall be equal to

21 the next higher whole cent.

22 (d) Except as otherwise provided by the Department of

23 Revenue by rule, the amount of the tax shall be separately

24 stated on an invoice, receipt, or other similar document that

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1 the service center operator provides to the client at the time

2 at which the retail sale occurs.

3 (e) A person may not knowingly sell, purchase, install,

4 transfer, or possess electronic devices or software programs

5 for the purposes of the following:

6 (1) Hiding or removing records of retail sales of

7 psilocybin products.

8 (2) Falsifying records of retail sales of psilocybin

9 products.

10 (f) A service center operator may not discount a

11 psilocybin product or offer a psilocybin product for free if

12 the retail sale of the psilocybin product is made in

13 conjunction with the retail sale of any other item or service.

14 (g) Subsection (f) does not affect any provision of this

15 Act or any rule adopted by the Department pursuant to this Act

16 that is related to the retail sale of psilocybin products.

17 (h) The Department shall regularly review the rate of tax

18 under subsection (b) and make recommendations to the General

19 Assembly regarding appropriate adjustments to the rate that

20 will further the following purposes:

21 (1) Providing the Department with moneys sufficient to

22 administer and enforce this Act.

23 (2) Not providing the Department with moneys that

24 exceed, together with fees collected under this Act, the

25 cost of administering and enforcing this Act.

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1 Section 415. Collection of tax.

2 (a) Except as otherwise provided in Sections 405 through

3 475, the tax imposed upon a client under Section 410 shall be

4 collected at the point of sale and remitted by each service

5 center operator that engages in the retail sale of psilocybin

6 products. The tax is considered a tax upon the service center

7 operator that is required to collect the tax and the service

8 center operator is considered a taxpayer.

9 (b) The service center operator shall file a return to the

10 Department of Revenue on or before the last day of January,

11 April, July, and October of each year for the previous

12 calendar quarter.

13 (c) The service center operator shall pay the tax to the

14 Department of Revenue in the form and manner prescribed by the

15 Department of Revenue, but not later than with each quarterly

16 return, without regard to an extension granted under

17 subsection (e).

18 (d) Service center operators shall file the returns

19 required under this Section regardless of whether any tax is

20 owed.

21 (e) For good cause, the Department of Revenue may extend

22 the time for filing a return under this Section. The extension

23 may be granted at any time if a written request is filed with

24 the Department of Revenue during or prior to the period for

25 which the extension may be granted. The Department of Revenue

26 may not grant an extension of more than 30 days.

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1 (f) Interest shall be added at a rate established by the

2 Department of Revenue from the time the return was originally

3 required to be filed to the time of payment.

4 (g) If a service center operator fails to file a return or

5 pay the tax as required by this Section, the Department of

6 Revenue shall impose a penalty in the manner provided under

7 applicable Illinois law.

8 (h) Except as provided in subsections (i) and (j), the

9 period prescribed for the Department of Revenue to allow or

10 make a refund of any overpayment of tax paid under Sections 405

11 through 475 is as provided under applicable Illinois law.

12 (i) The Department of Revenue shall first apply any

13 overpayment of tax by a service center operator to any

14 psilocybin tax that is owed by the service center operator.

15 If after any offset against any delinquent amount the

16 overpayment of tax remains greater than $1,000, the remaining

17 refund shall be applied as a credit against the next

18 subsequent calendar quarter as an estimated payment.

19 (j) The Department of Revenue may not make a refund of or

20 credit any overpayment of tax under Sections 405 through 475

21 that was credited to the account of a service center operator

22 under subsection (i) if the return for that tax period is not

23 filed within 3 years after the due date of that return.

24 Section 420. Psilocybin revenue estimate.

25 (a) Not later than 30 days before the beginning of each

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1 calendar quarter, the Department of Revenue shall forecast and

2 prepare an estimate of the revenue that will be received

3 during the remainder of the current biennium and subsequent 3

4 biennia pursuant to the tax imposed under Section 410. The

5 estimate may be made on the basis of all pertinent information

6 available to the Department of Revenue. Upon making the

7 estimate, the Department of Revenue shall report the estimate

8 to the Commission on Government Forecasting and Accountability

9 and the Comptroller.

10 (b) The Department shall provide the Department of Revenue

11 with any information necessary for the Department of Revenue

12 to perform its duties under this Section.

13 Section 425. Enforcement.

14 (a) Every person who collects any amount under Section 415

15 shall hold the same in trust for the State of Illinois and for

16 the payment thereof to the Department of Revenue in the manner

17 and at the time provided in Section 415.

18 (b) If a service center operator fails to remit any amount

19 collected, the Department of Revenue may enforce collection in

20 the manner provided in Article 11 of the Illinois Income Tax

21 Act.

22 (c) In the case of a service center operator that is

23 assessed pursuant to relevant provisions of Illinois law, the

24 Department of Revenue may issue a notice of liability to any

25 officer, employee, or member of the service center operator

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1 within 3 years after the time of assessment. Within 30 days

2 after the date the notice of liability is mailed to the

3 officer, employee, or member, the officer, employee, or member

4 shall pay the assessment, plus penalties and interest, or

5 advise the Department of Revenue in writing of objections to

6 the liability and, if desired, request a conference. A

7 conference shall be governed by the provisions of Illinois law

8 pertaining to a conference requested from a notice of

9 deficiency.

10 After a conference or, if no conference is requested, a

11 determination of the issues considering the written

12 objections, the Department of Revenue shall mail the officer,

13 employee, or member a conference letter affirming, canceling,

14 or adjusting the notice of liability. Within 90 days after the

15 date the conference letter is mailed to the officer, employee,

16 or member, the officer, employee, or member shall pay the

17 assessment, plus penalties and interest, or appeal to the tax

18 court in the manner provided for an appeal from a notice of

19 assessment.

20 If the Department of Revenue does not receive payment or

21 written objection to the notice of liability within 30 days

22 after the notice of liability was mailed, the notice of

23 liability becomes final. In that event, the officer, employee

24 or member may appeal the notice of liability to the tax court

25 within 90 days after it became final in the manner provided for

26 an appeal from a notice of assessment.

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1 (d) In the case of a failure to file a return by the due

2 date, the Department of Revenue, in addition to any action

3 under State law, may send a notice of determination and

4 assessment to any officer, employee, or member any time within

5 3 years after the assessment. The time of assessment against

6 the officer, employee, or member is 30 days after the date the

7 notice of determination and assessment is mailed. Within 30

8 days after the date the notice of determination and assessment

9 is mailed to the officer, employee, or member, the officer,

10 employee, or member shall pay the assessment, plus penalties

11 and interest, or advise the Department of Revenue in writing

12 of objections to the assessment and, if desired, request a

13 conference. A conference shall be governed by the provisions

14 of Illinois law pertaining to a conference requested from a

15 notice of deficiency.

16 After a conference or, if no conference is requested, a

17 determination of the issues considering the written

18 objections, the Department of Revenue shall mail the officer,

19 employee, or member a conference letter affirming, canceling,

20 or adjusting the notice of determination and assessment.

21 Within 90 days after the date the conference letter is mailed

22 to the officer, employee, or member, the officer, employee, or

23 member shall pay the assessment, plus penalties and interest,

24 or appeal in the manner provided for an appeal from a notice of

25 assessment.

26 If the Department of Revenue does not receive payment or

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1 written objection to the notice of determination and

2 assessment within 30 days after the notice of determination

3 and assessment was mailed, the notice of determination and

4 assessment becomes final. In that event, the officer,

5 employee, or member may appeal the notice of determination and

6 assessment to the tax court within 90 days after it became

7 final in the manner provided for an appeal from a notice of

8 assessment.

9 (e) More than one officer or employee of a corporation may

10 be held jointly and severally liable for payment of taxes.

11 Notwithstanding the confidentiality provisions of Section

12 465, if more than one officer or employee of a corporation may

13 be held jointly and severally liable for payment of taxes, the

14 Department of Revenue may require any or all of the officers,

15 members, or employees who may be held liable to appear before

16 the Department of Revenue for a joint determination of

17 liability. The Department of Revenue shall notify each

18 officer, member, or employee of the time and place set for the

19 determination of liability.

20 Each person notified of a joint determination under this

21 subsection shall appear and present such information as is

22 necessary to establish that person's liability or nonliability

23 for payment of taxes to the Department of Revenue. If a person

24 who was notified fails to appear, the Department of Revenue

25 shall make its determination on the basis of all the

26 information and evidence presented. The Department of

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1 Revenue's determination is binding on all persons notified and

2 required to appear under this subsection.

3 If an appeal is taken to the Illinois Independent Tax

4 Tribunal pursuant to Section 465 by any person determined to

5 be liable for unpaid taxes under this subsection, each person

6 required to appear before the Department of Revenue under this

7 subsection shall be impleaded by the plaintiff. The Department

8 of Revenue may implead any officer, employee, or member who

9 may be held jointly and severally liable for the payment of

10 taxes. Each person impleaded under this paragraph shall be

11 made a party to the action before the Illinois Independent Tax

12 Tribunal and shall make available to the Illinois Independent

13 Tax Tribunal the information that was presented before the

14 Department of Revenue, as well as other information that may

15 be presented to the Illinois Independent Tax Tribunal. The

16 Illinois Independent Tax Tribunal may determine that one or

17 more persons impleaded under this paragraph are liable for

18 unpaid taxes without regard to any earlier determination by

19 the Department of Revenue that an impleaded person was not

20 liable for unpaid taxes. If a person required to appear before

21 the Illinois Independent Tax Tribunal under this subsection

22 fails or refuses to appear or bring such information in part or

23 in whole, or is outside the jurisdiction of the Illinois

24 Independent Tax Tribunal, the Illinois Independent Tax

25 Tribunal shall make its determination on the basis of all the

26 evidence introduced. Notwithstanding Section 465, the evidence

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1 constitutes a public record and shall be available to the

2 parties and the Illinois Independent Tax Tribunal. The

3 determination of the Illinois Independent Tax Tribunal is

4 binding on all persons made parties to the action under this

5 subsection.

6 (f) This Section may not be construed to preclude a

7 determination by the Department of Revenue or the Illinois

8 Independent Tax Tribunal that more than one officer, employee,

9 or member are jointly and severally liable for unpaid taxes.

10 Section 430. Duty to keep receipts, invoices, and other

11 records.

12 (a) A service center operator shall keep receipts,

13 invoices, and other pertinent records related to retail sales

14 of psilocybin products in the form required by the Department

15 of Revenue. Each record shall be preserved for 5 years after

16 the time to which the record relates or for as long as the

17 service center operator retains the psilocybin products to

18 which the record relates, whichever is later. During the

19 retention period and at any time prior to the destruction of

20 records, the Department of Revenue may give written notice to

21 the service center operator not to destroy records described

22 in the notice without written permission of the Department of

23 Revenue. Notwithstanding any other provision of law, the

24 Department of Revenue shall preserve reports and returns filed

25 with the Department of Revenue for at least 5 years.

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1 (b) The Department of Revenue or its authorized

2 representative, upon oral or written demand, may make

3 examinations of the books, papers, records, and equipment of

4 persons making retail sales of psilocybin products and any

5 other investigations as the Department of Revenue deems

6 necessary to carry out the provisions of Sections 405 through

7 475.

8 Section 435. Authority to require production of books,

9 papers, accounts, and other information.

10 (a) The Department of Revenue has the authority, by order

11 or subpoena to be served with the same force and effect and in

12 the same manner as a subpoena is served in a civil action in

13 the circuit court or the Illinois Independent Tax Tribunal, to

14 require the production at any time and place the Department of

15 Revenue designates of any books, papers, accounts, or other

16 information necessary to carry out Sections 405 through 475.

17 The Department of Revenue may require the attendance of any

18 person having knowledge in the premises and may take testimony

19 and require proof material for the information with power to

20 administer oaths to the person.

21 (b) If a person fails to comply with a subpoena or order of

22 the Department of Revenue or to produce or permit the

23 examination or inspection of any books, papers, records, and

24 equipment pertinent to an investigation or inquiry under

25 Sections 405 through 475, or to testify to any matter

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1 regarding which the person is lawfully interrogated, the

2 Department of Revenue may apply to the Illinois Independent

3 Tax Tribunal or to the circuit court of the county in which the

4 person resides or where the person is for an order to the

5 person to attend and testify or otherwise to comply with the

6 demand or request of the Department of Revenue. The Department

7 of Revenue shall apply to the court by ex parte motion, upon

8 which the court shall make an order requiring the person

9 against whom the motion is directed to comply with the request

10 or demand of the Department of Revenue within 10 days after the

11 service of the order, or within the additional time granted by

12 the court, or to justify the failure within that time. The

13 order shall be served upon the person to whom it is directed in

14 the manner required by this State for service of process,

15 which service is required to confer jurisdiction upon the

16 court. Failure to obey any order issued by the court under this

17 Section is contempt of court. The remedy provided by this

18 Section is in addition to other remedies, civil or criminal,

19 existing under the tax laws or other laws of this State.

20 Section 440. Disclosure of information.

21 (a) Notwithstanding the confidentiality provisions of

22 Section 465, the Department of Revenue may disclose

23 information received under applicable Illinois law and

24 Sections 405 through 475 to the Department to carry out the

25 provisions of this Act.

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1 (b) The Department may disclose information obtained

2 pursuant to this Act to the Department of Revenue for the

3 purpose of carrying out the provisions of this Act.

4 Section 445. Right to appeal determination of tax

5 liability. Except as otherwise provided in this Act, a person

6 aggrieved by an act or determination of the Department of

7 Revenue or its authorized agent under applicable Illinois law

8 and Sections 405 through 475 may appeal, within 90 days after

9 the act or determination, to the Illinois Independent Tax

10 Tribunal in the manner provided under applicable Illinois law.

11 These appeal rights are the exclusive remedy available to

12 determine the person's liability for the tax imposed under

13 Sections 405 through 475.

14 Section 450. Duty to return excess tax collected.

15 (a) When an amount represented by a service center

16 operator at retail to a client as constituting the tax imposed

17 under Sections 405 through 475 of this Act is computed upon an

18 amount that is not taxable or is in excess of the taxable

19 amount and is actually paid by the client to the service center

20 operator, the excess tax paid shall be returned by the service

21 center operator to the client upon written notification by the

22 Department of Revenue or the client.

23 The written notification must contain information

24 necessary to determine the validity of the client's claim.

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1 (b) If the service center operator does not return the

2 excess tax within 60 days after mailing of the written

3 notification required under subsection (a), the client may

4 appeal to the Department of Revenue for a refund of the amount

5 of the excess tax in the manner and within the time allowed

6 under rules adopted by the Department of Revenue.

7 (c) If excess tax is returned to the client by the

8 Department of Revenue, the Department of Revenue may issue a

9 notice of deficiency for the excess tax to the service center

10 operator in the manner provided under applicable Illinois law.

11 Section 455. Retention of portions of tax to pay for

12 expenses incurred. For the purpose of compensating service

13 center operators for expenses incurred in collecting the tax

14 imposed under Section 410, each service center operator is

15 permitted to deduct and retain 2% of the amount of taxes that

16 are collected by the service center operator from all retail

17 sales of psilocybin products conducted by the service center

18 operator.

19 Section 460. Duties and powers of the Department of

20 Revenue.

21 (a) The Department of Revenue shall administer and enforce

22 Sections 405 through 475. The Department of Revenue is

23 authorized to establish rules and procedures for the

24 implementation and enforcement of Sections 405 through 475

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1 that are consistent with Sections 405 through 475 and that the

2 Department of Revenue considers necessary and appropriate to

3 administer and enforce Sections 405 through 475.

4 (b) The Department shall enter into an agreement with the

5 Department of Revenue for the purpose of administering and

6 enforcing those provisions of Sections 405 through 475, and

7 rules or procedures established for the purpose of

8 implementing and enforcing Sections 405 through 475, that the

9 Department and the Department of Revenue determine are

10 necessary for the effective and efficient administration,

11 implementation, and enforcement of Sections 405 through 475.

12 Section 465. Applicability of tax laws. Except as

13 otherwise provided in Sections 405 through 475 or where the

14 context requires otherwise, the provisions of applicable

15 Illinois law as to the audit and examination of returns,

16 periods of limitation, determination of and notices of

17 deficiencies, assessments, collections, liens, delinquencies,

18 claims for refund and refunds, conferences, appeals to the

19 Illinois Independent Tax Tribunal or the Department of

20 Revenue, stays of collection pending appeal, confidentiality

21 of returns and the penalties relative thereto, and the

22 procedures relating thereto, apply to the determinations of

23 taxes, penalties, and interest under Sections 405 through 475.

24 Section 470. Illinois Psilocybin Fund.The Illinois

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1 Psilocybin Fund is created as a special fund in the State

2 treasury. The Fund shall consist of moneys transferred to the

3 Fund under Section 475. The Department of Revenue shall

4 certify quarterly the amount of moneys available in the

5 Illinois Psilocybin Fund. The Department of Revenue shall

6 transfer quarterly the moneys in the Illinois Psilocybin Fund

7 to the Psilocybin Control and Regulation Fund.

8 Section 475. Illinois Psilocybin Fund; payment of

9 expenses. All moneys received by the Department of Revenue

10 under Sections 405 through this Section shall be deposited

11 into the Illinois Psilocybin Fund. The Department of Revenue

12 may pay expenses for the administration and enforcement of

13 Sections 405 through this Section out of moneys received from

14 the tax imposed under Section 410. Amounts necessary to pay

15 administrative and enforcement expenses are continuously

16 appropriated to the Department of Revenue from the Illinois

17 Psilocybin Fund.

18 Section 480. Adoption of ordinances.

19 (a) The governing body of a city or county may adopt

20 ordinances to be referred to the electors of the city or county

21 as described in subsection (b) that prohibit or allow the

22 establishment of any one or more of the following in the area

23 subject to the jurisdiction of the city or in the

24 unincorporated area subject to the jurisdiction of the county:

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1 (1) Psilocybin product manufacturers that hold a

2 license issued under Section 85.

3 (2) Service center operators that hold a license

4 issued under 100.

5 (3) Any combination of the entities described in

6 paragraphs (1) and (2).

7 (b) If the governing body of a city or county adopts an

8 ordinance under this Section, the governing body shall submit

9 the measure of the ordinance to the electors of the city or

10 county for approval at the next statewide general election.

11 (c) If the governing body of a city or county adopts an

12 ordinance under this Section, the governing body must provide

13 the text of the ordinance to the Department.

14 (d) Upon receiving notice of a prohibition under

15 subsection (c), the Department shall discontinue licensing

16 those premises to which the prohibition applies until the date

17 of the next statewide general election.

18 (e) If an allowance is approved at the next statewide

19 general election under subsection (b), the Department shall

20 begin licensing the premises to which the allowance applies on

21 the first business day of the January immediately following

22 the date of the next statewide general election.

23 (f) Notwithstanding any other provision of law, a city or

24 county that adopts an ordinance under this Section that

25 prohibits the establishment of an entity described in

26 subsection (a) may not impose a tax or fee on the manufacturing

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1 or sale of psilocybin products.

2 Section 485. Incorporation by reference. All of the

3 provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,

4 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11, 11a, and 12 of the

5 Retailers' Occupation Tax Act, and all applicable provisions

6 of the Uniform Penalty and Interest Act that are not

7 inconsistent with this Act, apply to clients, legal entities,

8 licensees, licensee representatives, psilocybin product

9 manufacturers, service centers, service center operators, and

10 facilitators to the same extent as if those provisions were

11 included in this Act. References in the incorporated Sections

12 of the Retailers' Occupation Tax Act to retailers, to sellers,

13 or to persons engaged in the business of selling tangible

14 personal property mean distributors when used in this Act.

15 References in the incorporated Sections to sales of tangible

16 personal property mean sales of tobacco products when used in

17 this Act.

18 Section 490. Registration under the Retailers' Occupation

19 Tax Act. A retailer maintaining a place of business in this

20 State, if required to register under the Retailers' Occupation

21 Tax Act, need not obtain an additional Certificate of

22 Registration under this Act, but shall be deemed to be

23 sufficiently registered by virtue of his being registered

24 under the Retailers' Occupation Tax Act. Every retailer

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1 maintaining a place of business in this State, if not required

2 to register under the Retailers' Occupation Tax Act, shall

3 apply to the Department of Revenue (upon a form prescribed and

4 furnished by the Department of Revenue) for a Certificate of

5 Registration under this Act. In completing such application,

6 the applicant shall furnish such information as the Department

7 of Revenue may reasonably require. Upon approval of an

8 application for Certificate of Registration, the Department of

9 Revenue shall issue, without charge, a Certificate of

10 Registration to the applicant. Such Certificate of

11 Registration shall be displayed at the address which the

12 applicant states in his or her application to be the principal

13 place of business or location from which he or she will act as

14 a retailer in this State. If the applicant will act as a

15 retailer in this State from other places of business or

16 locations, he shall list the addresses of such additional

17 places of business or locations in this application for

18 Certificate of Registration, and the Department of Revenue

19 shall issue a Sub-Certificate of Registration to the applicant

20 for each such additional place of business or location. Each

21 Sub-Certificate of Registration shall be conspicuously

22 displayed at the place for which it is issued. Such

23 Sub-Certificate of Registration shall bear the same

24 registration number as that appearing upon the Certificate of

25 Registration to which such Sub-Certificates relate. Where a

26 retailer operates more than one place of business which is

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1 subject to registration under this Section and such businesses

2 are substantially different in character or are engaged in

3 under different trade names or are engaged in under other

4 substantially dissimilar circumstances (so that it is more

5 practicable, from an accounting, auditing, or bookkeeping

6 standpoint, for such businesses to be separately registered),

7 the Department of Revenue may require or permit such person to

8 apply for and obtain a separate Certificate of Registration

9 for each such business or for any of such businesses instead of

10 registering such person, as to all such businesses, under a

11 single Certificate of Registration supplemented by related

12 Sub-Certificates of Registration. No Certificate of

13 Registration shall be issued to any person who is in default to

14 the State of Illinois for moneys due hereunder.

15 The Department of Revenue may, in its discretion, upon

16 application, authorize the collection of the tax herein

17 imposed by any retailer not maintaining a place of business

18 within this State, who, to the satisfaction of the Department

19 of Revenue, furnishes adequate security to insure collection

20 and payment of the tax. Such retailer shall be issued, without

21 charge, a permit to collect such tax. When so authorized, it

22 shall be the duty of such retailer to collect the tax upon all

23 tangible personal property sold to his knowledge for use

24 within this State, in the same manner and subject to the same

25 requirements, including the furnishing of a receipt to the

26 purchaser (if demanded by the purchaser), as a retailer

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1 maintaining a place of business within this State. The receipt

2 given to the purchaser shall be sufficient to relieve him or

3 her from further liability for the tax to which such receipt

4 may refer. Such permit may be revoked by the Department as

5 provided herein.

6 Section 497. Severability. The provisions of this Act are

7 severable under Section 1.31 of the Statute on Statutes.

8 Section 500. The Criminal Identification Act is amended by

9 changing Section 5.2 as follows:

10 (20 ILCS 2630/5.2)

11 (Text of Section before amendment by P.A. 102-933)

12 Sec. 5.2. Expungement, sealing, and immediate sealing.

13 (a) General Provisions.

14 (1) Definitions. In this Act, words and phrases have

15 the meanings set forth in this subsection, except when a

16 particular context clearly requires a different meaning.

17 (A) The following terms shall have the meanings

18 ascribed to them in the following Sections of the

19 Unified Code of Corrections:

20 Business Offense, Section 5-1-2.

21 Charge, Section 5-1-3.

22 Court, Section 5-1-6.

23 Defendant, Section 5-1-7.

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1 Felony, Section 5-1-9.

2 Imprisonment, Section 5-1-10.

3 Judgment, Section 5-1-12.

4 Misdemeanor, Section 5-1-14.

5 Offense, Section 5-1-15.

6 Parole, Section 5-1-16.

7 Petty Offense, Section 5-1-17.

8 Probation, Section 5-1-18.

9 Sentence, Section 5-1-19.

10 Supervision, Section 5-1-21.

11 Victim, Section 5-1-22.

12 (B) As used in this Section, "charge not initiated

13 by arrest" means a charge (as defined by Section 5-1-3

14 of the Unified Code of Corrections) brought against a

15 defendant where the defendant is not arrested prior to

16 or as a direct result of the charge.

17 (C) "Conviction" means a judgment of conviction or

18 sentence entered upon a plea of guilty or upon a

19 verdict or finding of guilty of an offense, rendered

20 by a legally constituted jury or by a court of

21 competent jurisdiction authorized to try the case

22 without a jury. An order of supervision successfully

23 completed by the petitioner is not a conviction. An

24 order of qualified probation (as defined in subsection

25 (a)(1)(J)) successfully completed by the petitioner is

26 not a conviction. An order of supervision or an order

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1 of qualified probation that is terminated

2 unsatisfactorily is a conviction, unless the

3 unsatisfactory termination is reversed, vacated, or

4 modified and the judgment of conviction, if any, is

5 reversed or vacated.

6 (D) "Criminal offense" means a petty offense,

7 business offense, misdemeanor, felony, or municipal

8 ordinance violation (as defined in subsection

9 (a)(1)(H)). As used in this Section, a minor traffic

10 offense (as defined in subsection (a)(1)(G)) shall not

11 be considered a criminal offense.

12 (E) "Expunge" means to physically destroy the

13 records or return them to the petitioner and to

14 obliterate the petitioner's name from any official

15 index or public record, or both. Nothing in this Act

16 shall require the physical destruction of the circuit

17 court file, but such records relating to arrests or

18 charges, or both, ordered expunged shall be impounded

19 as required by subsections (d)(9)(A)(ii) and

20 (d)(9)(B)(ii).

21 (F) As used in this Section, "last sentence" means

22 the sentence, order of supervision, or order of

23 qualified probation (as defined by subsection

24 (a)(1)(J)), for a criminal offense (as defined by

25 subsection (a)(1)(D)) that terminates last in time in

26 any jurisdiction, regardless of whether the petitioner

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1 has included the criminal offense for which the

2 sentence or order of supervision or qualified

3 probation was imposed in his or her petition. If

4 multiple sentences, orders of supervision, or orders

5 of qualified probation terminate on the same day and

6 are last in time, they shall be collectively

7 considered the "last sentence" regardless of whether

8 they were ordered to run concurrently.

9 (G) "Minor traffic offense" means a petty offense,

10 business offense, or Class C misdemeanor under the

11 Illinois Vehicle Code or a similar provision of a

12 municipal or local ordinance.

13 (G-5) "Minor Cannabis Offense" means a violation

14 of Section 4 or 5 of the Cannabis Control Act

15 concerning not more than 30 grams of any substance

16 containing cannabis, provided the violation did not

17 include a penalty enhancement under Section 7 of the

18 Cannabis Control Act and is not associated with an

19 arrest, conviction or other disposition for a violent

20 crime as defined in subsection (c) of Section 3 of the

21 Rights of Crime Victims and Witnesses Act.

22 (H) "Municipal ordinance violation" means an

23 offense defined by a municipal or local ordinance that

24 is criminal in nature and with which the petitioner

25 was charged or for which the petitioner was arrested

26 and released without charging.

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1 (I) "Petitioner" means an adult or a minor

2 prosecuted as an adult who has applied for relief

3 under this Section.

4 (J) "Qualified probation" means an order of

5 probation under Section 10 of the Cannabis Control

6 Act, Section 410 of the Illinois Controlled Substances

7 Act, Section 70 of the Methamphetamine Control and

8 Community Protection Act, Section 5-6-3.3 or 5-6-3.4

9 of the Unified Code of Corrections, Section

10 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

11 those provisions existed before their deletion by

12 Public Act 89-313), Section 10-102 of the Illinois

13 Alcoholism and Other Drug Dependency Act, Section

14 40-10 of the Substance Use Disorder Act, or Section 10

15 of the Steroid Control Act. For the purpose of this

16 Section, "successful completion" of an order of

17 qualified probation under Section 10-102 of the

18 Illinois Alcoholism and Other Drug Dependency Act and

19 Section 40-10 of the Substance Use Disorder Act means

20 that the probation was terminated satisfactorily and

21 the judgment of conviction was vacated.

22 (K) "Seal" means to physically and electronically

23 maintain the records, unless the records would

24 otherwise be destroyed due to age, but to make the

25 records unavailable without a court order, subject to

26 the exceptions in Sections 12 and 13 of this Act. The

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1 petitioner's name shall also be obliterated from the

2 official index required to be kept by the circuit

3 court clerk under Section 16 of the Clerks of Courts

4 Act, but any index issued by the circuit court clerk

5 before the entry of the order to seal shall not be

6 affected.

7 (L) "Sexual offense committed against a minor"

8 includes, but is not limited to, the offenses of

9 indecent solicitation of a child or criminal sexual

10 abuse when the victim of such offense is under 18 years

11 of age.

12 (M) "Terminate" as it relates to a sentence or

13 order of supervision or qualified probation includes

14 either satisfactory or unsatisfactory termination of

15 the sentence, unless otherwise specified in this

16 Section. A sentence is terminated notwithstanding any

17 outstanding financial legal obligation.

18 (2) Minor Traffic Offenses. Orders of supervision or

19 convictions for minor traffic offenses shall not affect a

20 petitioner's eligibility to expunge or seal records

21 pursuant to this Section.

22 (2.5) Commencing 180 days after July 29, 2016 (the

23 effective date of Public Act 99-697), the law enforcement

24 agency issuing the citation shall automatically expunge,

25 on or before January 1 and July 1 of each year, the law

26 enforcement records of a person found to have committed a

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1 civil law violation of subsection (a) of Section 4 of the

2 Cannabis Control Act or subsection (c) of Section 3.5 of

3 the Drug Paraphernalia Control Act in the law enforcement

4 agency's possession or control and which contains the

5 final satisfactory disposition which pertain to the person

6 issued a citation for that offense. The law enforcement

7 agency shall provide by rule the process for access,

8 review, and to confirm the automatic expungement by the

9 law enforcement agency issuing the citation. Commencing

10 180 days after July 29, 2016 (the effective date of Public

11 Act 99-697), the clerk of the circuit court shall expunge,

12 upon order of the court, or in the absence of a court order

13 on or before January 1 and July 1 of each year, the court

14 records of a person found in the circuit court to have

15 committed a civil law violation of subsection (a) of

16 Section 4 of the Cannabis Control Act or subsection (c) of

17 Section 3.5 of the Drug Paraphernalia Control Act in the

18 clerk's possession or control and which contains the final

19 satisfactory disposition which pertain to the person

20 issued a citation for any of those offenses.

21 (2.6) Commencing 180 days after the effective date

22 of this amendatory Act of the 103rd General Assembly, the

23 law enforcement agency issuing the citation shall

24 automatically expunge, on or before January 1 and July 1

25 of each year, the law enforcement records of a person

26 found to have committed a violation of subsection (e) of

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1 Section 401 of the Illinois Controlled Substances Act by

2 possessing psilocybin and psilocin or of subsection (a) of

3 Section 3.5 of the Drug Paraphernalia Control Act by

4 possessing paraphernalia used in relation to psilocybin

5 and psilocin in the law enforcement agency's possession or

6 control and which contains the final satisfactory

7 disposition which pertain to the person issued a citation

8 for that offense. The law enforcement agency shall provide

9 by rule the process for access, review, and to confirm the

10 automatic expungement by the law enforcement agency

11 issuing the citation. Commencing 180 days after the

12 effective date of this amendatory Act of the 103rd General

13 Assembly, the clerk of the circuit court shall expunge,

14 upon order of the court, or in the absence of a court order

15 on or before January 1 and July 1 of each year, the court

16 records of a person found in the circuit court to have

17 committed a violation of subsection (e) of Section 401 of

18 the Illinois Controlled Substances Act by possessing

19 psilocybin and psilocin or of subsection (a) of Section

20 3.5 of the Drug Paraphernalia Control Act by possessing

21 paraphernalia used in relation to psilocybin and psilocin

22 in the clerk's possession or control and which contains

23 the final satisfactory disposition which pertain to the

24 person issued a citation for any of those offenses.

25 (3) Exclusions. Except as otherwise provided in

26 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)

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1 of this Section, the court shall not order:

2 (A) the sealing or expungement of the records of

3 arrests or charges not initiated by arrest that result

4 in an order of supervision for or conviction of: (i)

5 any sexual offense committed against a minor; (ii)

6 Section 11-501 of the Illinois Vehicle Code or a

7 similar provision of a local ordinance; or (iii)

8 Section 11-503 of the Illinois Vehicle Code or a

9 similar provision of a local ordinance, unless the

10 arrest or charge is for a misdemeanor violation of

11 subsection (a) of Section 11-503 or a similar

12 provision of a local ordinance, that occurred prior to

13 the offender reaching the age of 25 years and the

14 offender has no other conviction for violating Section

15 11-501 or 11-503 of the Illinois Vehicle Code or a

16 similar provision of a local ordinance.

17 (B) the sealing or expungement of records of minor

18 traffic offenses (as defined in subsection (a)(1)(G)),

19 unless the petitioner was arrested and released

20 without charging.

21 (C) the sealing of the records of arrests or

22 charges not initiated by arrest which result in an

23 order of supervision or a conviction for the following

24 offenses:

25 (i) offenses included in Article 11 of the

26 Criminal Code of 1961 or the Criminal Code of 2012

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1 or a similar provision of a local ordinance,

2 except Section 11-14 and a misdemeanor violation

3 of Section 11-30 of the Criminal Code of 1961 or

4 the Criminal Code of 2012, or a similar provision

5 of a local ordinance;

6 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,

7 26-5, or 48-1 of the Criminal Code of 1961 or the

8 Criminal Code of 2012, or a similar provision of a

9 local ordinance;

10 (iii) Section ~~Sections~~ 12-3.1 or 12-3.2 of the

11 Criminal Code of 1961 or the Criminal Code of

12 2012, or Section 125 of the Stalking No Contact

13 Order Act, or Section 219 of the Civil No Contact

14 Order Act, or a similar provision of a local

15 ordinance;

16 (iv) Class A misdemeanors or felony offenses

17 under the Humane Care for Animals Act; or

18 (v) any offense or attempted offense that

19 would subject a person to registration under the

20 Sex Offender Registration Act.

21 (D) (blank).

22 (b) Expungement.

23 (1) A petitioner may petition the circuit court to

24 expunge the records of his or her arrests and charges not

25 initiated by arrest when each arrest or charge not

26 initiated by arrest sought to be expunged resulted in: (i)

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1 acquittal, dismissal, or the petitioner's release without

2 charging, unless excluded by subsection (a)(3)(B); (ii) a

3 conviction which was vacated or reversed, unless excluded

4 by subsection (a)(3)(B); (iii) an order of supervision and

5 such supervision was successfully completed by the

6 petitioner, unless excluded by subsection (a)(3)(A) or

7 (a)(3)(B); or (iv) an order of qualified probation (as

8 defined in subsection (a)(1)(J)) and such probation was

9 successfully completed by the petitioner.

10 (1.5) When a petitioner seeks to have a record of

11 arrest expunged under this Section, and the offender has

12 been convicted of a criminal offense, the State's Attorney

13 may object to the expungement on the grounds that the

14 records contain specific relevant information aside from

15 the mere fact of the arrest.

16 (2) Time frame for filing a petition to expunge.

17 (A) When the arrest or charge not initiated by

18 arrest sought to be expunged resulted in an acquittal,

19 dismissal, the petitioner's release without charging,

20 or the reversal or vacation of a conviction, there is

21 no waiting period to petition for the expungement of

22 such records.

23 (B) When the arrest or charge not initiated by

24 arrest sought to be expunged resulted in an order of

25 supervision, successfully completed by the petitioner,

26 the following time frames will apply:

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1 (i) Those arrests or charges that resulted in

2 orders of supervision under Section 3-707, 3-708,

3 3-710, or 5-401.3 of the Illinois Vehicle Code or

4 a similar provision of a local ordinance, or under

5 Section 11-1.50, 12-3.2, or 12-15 of the Criminal

6 Code of 1961 or the Criminal Code of 2012, or a

7 similar provision of a local ordinance, shall not

8 be eligible for expungement until 5 years have

9 passed following the satisfactory termination of

10 the supervision.

11 (i-5) Those arrests or charges that resulted

12 in orders of supervision for a misdemeanor

13 violation of subsection (a) of Section 11-503 of

14 the Illinois Vehicle Code or a similar provision

15 of a local ordinance, that occurred prior to the

16 offender reaching the age of 25 years and the

17 offender has no other conviction for violating

18 Section 11-501 or 11-503 of the Illinois Vehicle

19 Code or a similar provision of a local ordinance

20 shall not be eligible for expungement until the

21 petitioner has reached the age of 25 years.

22 (ii) Those arrests or charges that resulted in

23 orders of supervision for any other offenses shall

24 not be eligible for expungement until 2 years have

25 passed following the satisfactory termination of

26 the supervision.

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1 (C) When the arrest or charge not initiated by

2 arrest sought to be expunged resulted in an order of

3 qualified probation, successfully completed by the

4 petitioner, such records shall not be eligible for

5 expungement until 5 years have passed following the

6 satisfactory termination of the probation.

7 (3) Those records maintained by the Illinois State

8 Police for persons arrested prior to their 17th birthday

9 shall be expunged as provided in Section 5-915 of the

10 Juvenile Court Act of 1987.

11 (4) Whenever a person has been arrested for or

12 convicted of any offense, in the name of a person whose

13 identity he or she has stolen or otherwise come into

14 possession of, the aggrieved person from whom the identity

15 was stolen or otherwise obtained without authorization,

16 upon learning of the person having been arrested using his

17 or her identity, may, upon verified petition to the chief

18 judge of the circuit wherein the arrest was made, have a

19 court order entered nunc pro tunc by the Chief Judge to

20 correct the arrest record, conviction record, if any, and

21 all official records of the arresting authority, the

22 Illinois State Police, other criminal justice agencies,

23 the prosecutor, and the trial court concerning such

24 arrest, if any, by removing his or her name from all such

25 records in connection with the arrest and conviction, if

26 any, and by inserting in the records the name of the

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1 offender, if known or ascertainable, in lieu of the

2 aggrieved's name. The records of the circuit court clerk

3 shall be sealed until further order of the court upon good

4 cause shown and the name of the aggrieved person

5 obliterated on the official index required to be kept by

6 the circuit court clerk under Section 16 of the Clerks of

7 Courts Act, but the order shall not affect any index

8 issued by the circuit court clerk before the entry of the

9 order. Nothing in this Section shall limit the Illinois

10 State Police or other criminal justice agencies or

11 prosecutors from listing under an offender's name the

12 false names he or she has used.

13 (5) Whenever a person has been convicted of criminal

14 sexual assault, aggravated criminal sexual assault,

15 predatory criminal sexual assault of a child, criminal

16 sexual abuse, or aggravated criminal sexual abuse, the

17 victim of that offense may request that the State's

18 Attorney of the county in which the conviction occurred

19 file a verified petition with the presiding trial judge at

20 the petitioner's trial to have a court order entered to

21 seal the records of the circuit court clerk in connection

22 with the proceedings of the trial court concerning that

23 offense. However, the records of the arresting authority

24 and the Illinois State Police concerning the offense shall

25 not be sealed. The court, upon good cause shown, shall

26 make the records of the circuit court clerk in connection

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1 with the proceedings of the trial court concerning the

2 offense available for public inspection.

3 (6) If a conviction has been set aside on direct

4 review or on collateral attack and the court determines by

5 clear and convincing evidence that the petitioner was

6 factually innocent of the charge, the court that finds the

7 petitioner factually innocent of the charge shall enter an

8 expungement order for the conviction for which the

9 petitioner has been determined to be innocent as provided

10 in subsection (b) of Section 5-5-4 of the Unified Code of

11 Corrections.

12 (7) Nothing in this Section shall prevent the Illinois

13 State Police from maintaining all records of any person

14 who is admitted to probation upon terms and conditions and

15 who fulfills those terms and conditions pursuant to

16 Section 10 of the Cannabis Control Act, Section 410 of the

17 Illinois Controlled Substances Act, Section 70 of the

18 Methamphetamine Control and Community Protection Act,

19 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

20 Corrections, Section 12-4.3 or subdivision (b)(1) of

21 Section 12-3.05 of the Criminal Code of 1961 or the

22 Criminal Code of 2012, Section 10-102 of the Illinois

23 Alcoholism and Other Drug Dependency Act, Section 40-10 of

24 the Substance Use Disorder Act, or Section 10 of the

25 Steroid Control Act.

26 (8) If the petitioner has been granted a certificate

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1 of innocence under Section 2-702 of the Code of Civil

2 Procedure, the court that grants the certificate of

3 innocence shall also enter an order expunging the

4 conviction for which the petitioner has been determined to

5 be innocent as provided in subsection (h) of Section 2-702

6 of the Code of Civil Procedure.

7 (c) Sealing.

8 (1) Applicability. Notwithstanding any other provision

9 of this Act to the contrary, and cumulative with any

10 rights to expungement of criminal records, this subsection

11 authorizes the sealing of criminal records of adults and

12 of minors prosecuted as adults. Subsection (g) of this

13 Section provides for immediate sealing of certain records.

14 (2) Eligible Records. The following records may be

15 sealed:

16 (A) All arrests resulting in release without

17 charging;

18 (B) Arrests or charges not initiated by arrest

19 resulting in acquittal, dismissal, or conviction when

20 the conviction was reversed or vacated, except as

21 excluded by subsection (a)(3)(B);

22 (C) Arrests or charges not initiated by arrest

23 resulting in orders of supervision, including orders

24 of supervision for municipal ordinance violations,

25 successfully completed by the petitioner, unless

26 excluded by subsection (a)(3);

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1 (D) Arrests or charges not initiated by arrest

2 resulting in convictions, including convictions on

3 municipal ordinance violations, unless excluded by

4 subsection (a)(3);

5 (E) Arrests or charges not initiated by arrest

6 resulting in orders of first offender probation under

7 Section 10 of the Cannabis Control Act, Section 410 of

8 the Illinois Controlled Substances Act, Section 70 of

9 the Methamphetamine Control and Community Protection

10 Act, or Section 5-6-3.3 of the Unified Code of

11 Corrections; and

12 (F) Arrests or charges not initiated by arrest

13 resulting in felony convictions unless otherwise

14 excluded by subsection (a) paragraph (3) of this

15 Section.

16 (3) When Records Are Eligible to Be Sealed. Records

17 identified as eligible under subsection (c)(2) may be

18 sealed as follows:

19 (A) Records identified as eligible under

20 subsections ~~subsection~~ (c)(2)(A) and (c)(2)(B) may be

21 sealed at any time.

22 (B) Except as otherwise provided in subparagraph

23 (E) of this paragraph (3), records identified as

24 eligible under subsection (c)(2)(C) may be sealed 2

25 years after the termination of petitioner's last

26 sentence (as defined in subsection (a)(1)(F)).

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1 (C) Except as otherwise provided in subparagraph

2 (E) of this paragraph (3), records identified as

3 eligible under subsections (c)(2)(D), (c)(2)(E), and

4 (c)(2)(F) may be sealed 3 years after the termination

5 of the petitioner's last sentence (as defined in

6 subsection (a)(1)(F)). Convictions requiring public

7 registration under the Arsonist Registration Act, the

8 Sex Offender Registration Act, or the Murderer and

9 Violent Offender Against Youth Registration Act may

10 not be sealed until the petitioner is no longer

11 required to register under that relevant Act.

12 (D) Records identified in subsection

13 (a)(3)(A)(iii) may be sealed after the petitioner has

14 reached the age of 25 years.

15 (E) Records identified as eligible under

16 subsection ~~subsections~~ (c)(2)(C), (c)(2)(D),

17 (c)(2)(E), or (c)(2)(F) may be sealed upon termination

18 of the petitioner's last sentence if the petitioner

19 earned a high school diploma, associate's degree,

20 career certificate, vocational technical

21 certification, or bachelor's degree, or passed the

22 high school level Test of General Educational

23 Development, during the period of his or her sentence

24 or mandatory supervised release. This subparagraph

25 shall apply only to a petitioner who has not completed

26 the same educational goal prior to the period of his or

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1 her sentence or mandatory supervised release. If a

2 petition for sealing eligible records filed under this

3 subparagraph is denied by the court, the time periods

4 under subparagraph (B) or (C) shall apply to any

5 subsequent petition for sealing filed by the

6 petitioner.

7 (4) Subsequent felony convictions. A person may not

8 have subsequent felony conviction records sealed as

9 provided in this subsection (c) if he or she is convicted

10 of any felony offense after the date of the sealing of

11 prior felony convictions as provided in this subsection

12 (c). The court may, upon conviction for a subsequent

13 felony offense, order the unsealing of prior felony

14 conviction records previously ordered sealed by the court.

15 (5) Notice of eligibility for sealing. Upon entry of a

16 disposition for an eligible record under this subsection

17 (c), the petitioner shall be informed by the court of the

18 right to have the records sealed and the procedures for

19 the sealing of the records.

20 (d) Procedure. The following procedures apply to

21 expungement under subsections (b), (e), and (e-6) and sealing

22 under subsections (c) and (e-5):

23 (1) Filing the petition. Upon becoming eligible to

24 petition for the expungement or sealing of records under

25 this Section, the petitioner shall file a petition

26 requesting the expungement or sealing of records with the

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1 clerk of the court where the arrests occurred or the

2 charges were brought, or both. If arrests occurred or

3 charges were brought in multiple jurisdictions, a petition

4 must be filed in each such jurisdiction. The petitioner

5 shall pay the applicable fee, except no fee shall be

6 required if the petitioner has obtained a court order

7 waiving fees under Supreme Court Rule 298 or it is

8 otherwise waived.

9 (1.5) County fee waiver pilot program. From August 9,

10 2019 (the effective date of Public Act 101-306) through

11 December 31, 2020, in a county of 3,000,000 or more

12 inhabitants, no fee shall be required to be paid by a

13 petitioner if the records sought to be expunged or sealed

14 were arrests resulting in release without charging or

15 arrests or charges not initiated by arrest resulting in

16 acquittal, dismissal, or conviction when the conviction

17 was reversed or vacated, unless excluded by subsection

18 (a)(3)(B). The provisions of this paragraph (1.5), other

19 than this sentence, are inoperative on and after January

20 1, 2022.

21 (2) Contents of petition. The petition shall be

22 verified and shall contain the petitioner's name, date of

23 birth, current address and, for each arrest or charge not

24 initiated by arrest sought to be sealed or expunged, the

25 case number, the date of arrest (if any), the identity of

26 the arresting authority, and such other information as the

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1 court may require. During the pendency of the proceeding,

2 the petitioner shall promptly notify the circuit court

3 clerk of any change of his or her address. If the

4 petitioner has received a certificate of eligibility for

5 sealing from the Prisoner Review Board under paragraph

6 (10) of subsection (a) of Section 3-3-2 of the Unified

7 Code of Corrections, the certificate shall be attached to

8 the petition.

9 (3) Drug test. The petitioner must attach to the

10 petition proof that the petitioner has passed a test taken

11 within 30 days before the filing of the petition showing

12 the absence within his or her body of all illegal

13 substances as defined by the Illinois Controlled

14 Substances Act, the Methamphetamine Control and Community

15 Protection Act, and the Cannabis Control Act if he or she

16 is petitioning to:

17 (A) seal felony records under clause (c)(2)(E);

18 (B) seal felony records for a violation of the

19 Illinois Controlled Substances Act, the

20 Methamphetamine Control and Community Protection Act,

21 or the Cannabis Control Act under clause (c)(2)(F);

22 (C) seal felony records under subsection (e-5); or

23 (D) expunge felony records of a qualified

24 probation under clause (b)(1)(iv).

25 (4) Service of petition. The circuit court clerk shall

26 promptly serve a copy of the petition and documentation to

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1 support the petition under subsection (e-5) or (e-6) on

2 the State's Attorney or prosecutor charged with the duty

3 of prosecuting the offense, the Illinois State Police, the

4 arresting agency and the chief legal officer of the unit

5 of local government effecting the arrest.

6 (5) Objections.

7 (A) Any party entitled to notice of the petition

8 may file an objection to the petition. All objections

9 shall be in writing, shall be filed with the circuit

10 court clerk, and shall state with specificity the

11 basis of the objection. Whenever a person who has been

12 convicted of an offense is granted a pardon by the

13 Governor which specifically authorizes expungement, an

14 objection to the petition may not be filed.

15 (B) Objections to a petition to expunge or seal

16 must be filed within 60 days of the date of service of

17 the petition.

18 (6) Entry of order.

19 (A) The Chief Judge of the circuit wherein the

20 charge was brought, any judge of that circuit

21 designated by the Chief Judge, or in counties of less

22 than 3,000,000 inhabitants, the presiding trial judge

23 at the petitioner's trial, if any, shall rule on the

24 petition to expunge or seal as set forth in this

25 subsection (d)(6).

26 (B) Unless the State's Attorney or prosecutor, the

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1 Illinois State Police, the arresting agency, or the

2 chief legal officer files an objection to the petition

3 to expunge or seal within 60 days from the date of

4 service of the petition, the court shall enter an

5 order granting or denying the petition.

6 (C) Notwithstanding any other provision of law,

7 the court shall not deny a petition for sealing under

8 this Section because the petitioner has not satisfied

9 an outstanding legal financial obligation established,

10 imposed, or originated by a court, law enforcement

11 agency, or a municipal, State, county, or other unit

12 of local government, including, but not limited to,

13 any cost, assessment, fine, or fee. An outstanding

14 legal financial obligation does not include any court

15 ordered restitution to a victim under Section 5-5-6 of

16 the Unified Code of Corrections, unless the

17 restitution has been converted to a civil judgment.

18 Nothing in this subparagraph (C) waives, rescinds, or

19 abrogates a legal financial obligation or otherwise

20 eliminates or affects the right of the holder of any

21 financial obligation to pursue collection under

22 applicable federal, State, or local law.

23 (7) Hearings. If an objection is filed, the court

24 shall set a date for a hearing and notify the petitioner

25 and all parties entitled to notice of the petition of the

26 hearing date at least 30 days prior to the hearing. Prior

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1 to the hearing, the State's Attorney shall consult with

2 the Illinois State Police as to the appropriateness of the

3 relief sought in the petition to expunge or seal. At the

4 hearing, the court shall hear evidence on whether the

5 petition should or should not be granted, and shall grant

6 or deny the petition to expunge or seal the records based

7 on the evidence presented at the hearing. The court may

8 consider the following:

9 (A) the strength of the evidence supporting the

10 defendant's conviction;

11 (B) the reasons for retention of the conviction

12 records by the State;

13 (C) the petitioner's age, criminal record history,

14 and employment history;

15 (D) the period of time between the petitioner's

16 arrest on the charge resulting in the conviction and

17 the filing of the petition under this Section; and

18 (E) the specific adverse consequences the

19 petitioner may be subject to if the petition is

20 denied.

21 (8) Service of order. After entering an order to

22 expunge or seal records, the court must provide copies of

23 the order to the Illinois State Police, in a form and

24 manner prescribed by the Illinois State Police, to the

25 petitioner, to the State's Attorney or prosecutor charged

26 with the duty of prosecuting the offense, to the arresting

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1 agency, to the chief legal officer of the unit of local

2 government effecting the arrest, and to such other

3 criminal justice agencies as may be ordered by the court.

4 (9) Implementation of order.

5 (A) Upon entry of an order to expunge records

6 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or

7 both:

8 (i) the records shall be expunged (as defined

9 in subsection (a)(1)(E)) by the arresting agency,

10 the Illinois State Police, and any other agency as

11 ordered by the court, within 60 days of the date of

12 service of the order, unless a motion to vacate,

13 modify, or reconsider the order is filed pursuant

14 to paragraph (12) of subsection (d) of this

15 Section;

16 (ii) the records of the circuit court clerk

17 shall be impounded until further order of the

18 court upon good cause shown and the name of the

19 petitioner obliterated on the official index

20 required to be kept by the circuit court clerk

21 under Section 16 of the Clerks of Courts Act, but

22 the order shall not affect any index issued by the

23 circuit court clerk before the entry of the order;

24 and

25 (iii) in response to an inquiry for expunged

26 records, the court, the Illinois State Police, or

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1 the agency receiving such inquiry, shall reply as

2 it does in response to inquiries when no records

3 ever existed.

4 (B) Upon entry of an order to expunge records

5 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or

6 both:

7 (i) the records shall be expunged (as defined

8 in subsection (a)(1)(E)) by the arresting agency

9 and any other agency as ordered by the court,

10 within 60 days of the date of service of the order,

11 unless a motion to vacate, modify, or reconsider

12 the order is filed pursuant to paragraph (12) of

13 subsection (d) of this Section;

14 (ii) the records of the circuit court clerk

15 shall be impounded until further order of the

16 court upon good cause shown and the name of the

17 petitioner obliterated on the official index

18 required to be kept by the circuit court clerk

19 under Section 16 of the Clerks of Courts Act, but

20 the order shall not affect any index issued by the

21 circuit court clerk before the entry of the order;

22 (iii) the records shall be impounded by the

23 Illinois State Police within 60 days of the date

24 of service of the order as ordered by the court,

25 unless a motion to vacate, modify, or reconsider

26 the order is filed pursuant to paragraph (12) of

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1 subsection (d) of this Section;

2 (iv) records impounded by the Illinois State

3 Police may be disseminated by the Illinois State

4 Police only as required by law or to the arresting

5 authority, the State's Attorney, and the court

6 upon a later arrest for the same or a similar

7 offense or for the purpose of sentencing for any

8 subsequent felony, and to the Department of

9 Corrections upon conviction for any offense; and

10 (v) in response to an inquiry for such records

11 from anyone not authorized by law to access such

12 records, the court, the Illinois State Police, or

13 the agency receiving such inquiry shall reply as

14 it does in response to inquiries when no records

15 ever existed.

16 (B-5) Upon entry of an order to expunge records

17 under subsection (e-6):

18 (i) the records shall be expunged (as defined

19 in subsection (a)(1)(E)) by the arresting agency

20 and any other agency as ordered by the court,

21 within 60 days of the date of service of the order,

22 unless a motion to vacate, modify, or reconsider

23 the order is filed under paragraph (12) of

24 subsection (d) of this Section;

25 (ii) the records of the circuit court clerk

26 shall be impounded until further order of the

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1 court upon good cause shown and the name of the

2 petitioner obliterated on the official index

3 required to be kept by the circuit court clerk

4 under Section 16 of the Clerks of Courts Act, but

5 the order shall not affect any index issued by the

6 circuit court clerk before the entry of the order;

7 (iii) the records shall be impounded by the

8 Illinois State Police within 60 days of the date

9 of service of the order as ordered by the court,

10 unless a motion to vacate, modify, or reconsider

11 the order is filed under paragraph (12) of

12 subsection (d) of this Section;

13 (iv) records impounded by the Illinois State

14 Police may be disseminated by the Illinois State

15 Police only as required by law or to the arresting

16 authority, the State's Attorney, and the court

17 upon a later arrest for the same or a similar

18 offense or for the purpose of sentencing for any

19 subsequent felony, and to the Department of

20 Corrections upon conviction for any offense; and

21 (v) in response to an inquiry for these

22 records from anyone not authorized by law to

23 access the records, the court, the Illinois State

24 Police, or the agency receiving the inquiry shall

25 reply as it does in response to inquiries when no

26 records ever existed.

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1 (C) Upon entry of an order to seal records under

2 subsection (c), the arresting agency, any other agency

3 as ordered by the court, the Illinois State Police,

4 and the court shall seal the records (as defined in

5 subsection (a)(1)(K)). In response to an inquiry for

6 such records, from anyone not authorized by law to

7 access such records, the court, the Illinois State

8 Police, or the agency receiving such inquiry shall

9 reply as it does in response to inquiries when no

10 records ever existed.

11 (D) The Illinois State Police shall send written

12 notice to the petitioner of its compliance with each

13 order to expunge or seal records within 60 days of the

14 date of service of that order or, if a motion to

15 vacate, modify, or reconsider is filed, within 60 days

16 of service of the order resolving the motion, if that

17 order requires the Illinois State Police to expunge or

18 seal records. In the event of an appeal from the

19 circuit court order, the Illinois State Police shall

20 send written notice to the petitioner of its

21 compliance with an Appellate Court or Supreme Court

22 judgment to expunge or seal records within 60 days of

23 the issuance of the court's mandate. The notice is not

24 required while any motion to vacate, modify, or

25 reconsider, or any appeal or petition for

26 discretionary appellate review, is pending.

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1 (E) Upon motion, the court may order that a sealed

2 judgment or other court record necessary to

3 demonstrate the amount of any legal financial

4 obligation due and owing be made available for the

5 limited purpose of collecting any legal financial

6 obligations owed by the petitioner that were

7 established, imposed, or originated in the criminal

8 proceeding for which those records have been sealed.

9 The records made available under this subparagraph (E)

10 shall not be entered into the official index required

11 to be kept by the circuit court clerk under Section 16

12 of the Clerks of Courts Act and shall be immediately

13 re-impounded upon the collection of the outstanding

14 financial obligations.

15 (F) Notwithstanding any other provision of this

16 Section, a circuit court clerk may access a sealed

17 record for the limited purpose of collecting payment

18 for any legal financial obligations that were

19 established, imposed, or originated in the criminal

20 proceedings for which those records have been sealed.

21 (10) Fees. The Illinois State Police may charge the

22 petitioner a fee equivalent to the cost of processing any

23 order to expunge or seal records. Notwithstanding any

24 provision of the Clerks of Courts Act to the contrary, the

25 circuit court clerk may charge a fee equivalent to the

26 cost associated with the sealing or expungement of records

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1 by the circuit court clerk. From the total filing fee

2 collected for the petition to seal or expunge, the circuit

3 court clerk shall deposit $10 into the Circuit Court Clerk

4 Operation and Administrative Fund, to be used to offset

5 the costs incurred by the circuit court clerk in

6 performing the additional duties required to serve the

7 petition to seal or expunge on all parties. The circuit

8 court clerk shall collect and remit the Illinois State

9 Police portion of the fee to the State Treasurer and it

10 shall be deposited in the State Police Services Fund. If

11 the record brought under an expungement petition was

12 previously sealed under this Section, the fee for the

13 expungement petition for that same record shall be waived.

14 (11) Final Order. No court order issued under the

15 expungement or sealing provisions of this Section shall

16 become final for purposes of appeal until 30 days after

17 service of the order on the petitioner and all parties

18 entitled to notice of the petition.

19 (12) Motion to Vacate, Modify, or Reconsider. Under

20 Section 2-1203 of the Code of Civil Procedure, the

21 petitioner or any party entitled to notice may file a

22 motion to vacate, modify, or reconsider the order granting

23 or denying the petition to expunge or seal within 60 days

24 of service of the order. If filed more than 60 days after

25 service of the order, a petition to vacate, modify, or

26 reconsider shall comply with subsection (c) of Section

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1 2-1401 of the Code of Civil Procedure. Upon filing of a

2 motion to vacate, modify, or reconsider, notice of the

3 motion shall be served upon the petitioner and all parties

4 entitled to notice of the petition.

5 (13) Effect of Order. An order granting a petition

6 under the expungement or sealing provisions of this

7 Section shall not be considered void because it fails to

8 comply with the provisions of this Section or because of

9 any error asserted in a motion to vacate, modify, or

10 reconsider. The circuit court retains jurisdiction to

11 determine whether the order is voidable and to vacate,

12 modify, or reconsider its terms based on a motion filed

13 under paragraph (12) of this subsection (d).

14 (14) Compliance with Order Granting Petition to Seal

15 Records. Unless a court has entered a stay of an order

16 granting a petition to seal, all parties entitled to

17 notice of the petition must fully comply with the terms of

18 the order within 60 days of service of the order even if a

19 party is seeking relief from the order through a motion

20 filed under paragraph (12) of this subsection (d) or is

21 appealing the order.

22 (15) Compliance with Order Granting Petition to

23 Expunge Records. While a party is seeking relief from the

24 order granting the petition to expunge through a motion

25 filed under paragraph (12) of this subsection (d) or is

26 appealing the order, and unless a court has entered a stay

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1 of that order, the parties entitled to notice of the

2 petition must seal, but need not expunge, the records

3 until there is a final order on the motion for relief or,

4 in the case of an appeal, the issuance of that court's

5 mandate.

6 (16) The changes to this subsection (d) made by Public

7 Act 98-163 apply to all petitions pending on August 5,

8 2013 (the effective date of Public Act 98-163) and to all

9 orders ruling on a petition to expunge or seal on or after

10 August 5, 2013 (the effective date of Public Act 98-163).

11 (e) Whenever a person who has been convicted of an offense

12 is granted a pardon by the Governor which specifically

13 authorizes expungement, he or she may, upon verified petition

14 to the Chief Judge of the circuit where the person had been

15 convicted, any judge of the circuit designated by the Chief

16 Judge, or in counties of less than 3,000,000 inhabitants, the

17 presiding trial judge at the defendant's trial, have a court

18 order entered expunging the record of arrest from the official

19 records of the arresting authority and order that the records

20 of the circuit court clerk and the Illinois State Police be

21 sealed until further order of the court upon good cause shown

22 or as otherwise provided herein, and the name of the defendant

23 obliterated from the official index requested to be kept by

24 the circuit court clerk under Section 16 of the Clerks of

25 Courts Act in connection with the arrest and conviction for

26 the offense for which he or she had been pardoned but the order

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1 shall not affect any index issued by the circuit court clerk

2 before the entry of the order. All records sealed by the

3 Illinois State Police may be disseminated by the Illinois

4 State Police only to the arresting authority, the State's

5 Attorney, and the court upon a later arrest for the same or

6 similar offense or for the purpose of sentencing for any

7 subsequent felony. Upon conviction for any subsequent offense,

8 the Department of Corrections shall have access to all sealed

9 records of the Illinois State Police pertaining to that

10 individual. Upon entry of the order of expungement, the

11 circuit court clerk shall promptly mail a copy of the order to

12 the person who was pardoned.

13 (e-5) Whenever a person who has been convicted of an

14 offense is granted a certificate of eligibility for sealing by

15 the Prisoner Review Board which specifically authorizes

16 sealing, he or she may, upon verified petition to the Chief

17 Judge of the circuit where the person had been convicted, any

18 judge of the circuit designated by the Chief Judge, or in

19 counties of less than 3,000,000 inhabitants, the presiding

20 trial judge at the petitioner's trial, have a court order

21 entered sealing the record of arrest from the official records

22 of the arresting authority and order that the records of the

23 circuit court clerk and the Illinois State Police be sealed

24 until further order of the court upon good cause shown or as

25 otherwise provided herein, and the name of the petitioner

26 obliterated from the official index requested to be kept by

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1 the circuit court clerk under Section 16 of the Clerks of

2 Courts Act in connection with the arrest and conviction for

3 the offense for which he or she had been granted the

4 certificate but the order shall not affect any index issued by

5 the circuit court clerk before the entry of the order. All

6 records sealed by the Illinois State Police may be

7 disseminated by the Illinois State Police only as required by

8 this Act or to the arresting authority, a law enforcement

9 agency, the State's Attorney, and the court upon a later

10 arrest for the same or similar offense or for the purpose of

11 sentencing for any subsequent felony. Upon conviction for any

12 subsequent offense, the Department of Corrections shall have

13 access to all sealed records of the Illinois State Police

14 pertaining to that individual. Upon entry of the order of

15 sealing, the circuit court clerk shall promptly mail a copy of

16 the order to the person who was granted the certificate of

17 eligibility for sealing.

18 (e-6) Whenever a person who has been convicted of an

19 offense is granted a certificate of eligibility for

20 expungement by the Prisoner Review Board which specifically

21 authorizes expungement, he or she may, upon verified petition

22 to the Chief Judge of the circuit where the person had been

23 convicted, any judge of the circuit designated by the Chief

24 Judge, or in counties of less than 3,000,000 inhabitants, the

25 presiding trial judge at the petitioner's trial, have a court

26 order entered expunging the record of arrest from the official

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1 records of the arresting authority and order that the records

2 of the circuit court clerk and the Illinois State Police be

3 sealed until further order of the court upon good cause shown

4 or as otherwise provided herein, and the name of the

5 petitioner obliterated from the official index requested to be

6 kept by the circuit court clerk under Section 16 of the Clerks

7 of Courts Act in connection with the arrest and conviction for

8 the offense for which he or she had been granted the

9 certificate but the order shall not affect any index issued by

10 the circuit court clerk before the entry of the order. All

11 records sealed by the Illinois State Police may be

12 disseminated by the Illinois State Police only as required by

13 this Act or to the arresting authority, a law enforcement

14 agency, the State's Attorney, and the court upon a later

15 arrest for the same or similar offense or for the purpose of

16 sentencing for any subsequent felony. Upon conviction for any

17 subsequent offense, the Department of Corrections shall have

18 access to all expunged records of the Illinois State Police

19 pertaining to that individual. Upon entry of the order of

20 expungement, the circuit court clerk shall promptly mail a

21 copy of the order to the person who was granted the certificate

22 of eligibility for expungement.

23 (f) Subject to available funding, the Illinois Department

24 of Corrections shall conduct a study of the impact of sealing,

25 especially on employment and recidivism rates, utilizing a

26 random sample of those who apply for the sealing of their

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1 criminal records under Public Act 93-211. At the request of

2 the Illinois Department of Corrections, records of the

3 Illinois Department of Employment Security shall be utilized

4 as appropriate to assist in the study. The study shall not

5 disclose any data in a manner that would allow the

6 identification of any particular individual or employing unit.

7 The study shall be made available to the General Assembly no

8 later than September 1, 2010.

9 (g) Immediate Sealing.

10 (1) Applicability. Notwithstanding any other provision

11 of this Act to the contrary, and cumulative with any

12 rights to expungement or sealing of criminal records, this

13 subsection authorizes the immediate sealing of criminal

14 records of adults and of minors prosecuted as adults.

15 (2) Eligible Records. Arrests or charges not initiated

16 by arrest resulting in acquittal or dismissal with

17 prejudice, except as excluded by subsection (a)(3)(B),

18 that occur on or after January 1, 2018 (the effective date

19 of Public Act 100-282), may be sealed immediately if the

20 petition is filed with the circuit court clerk on the same

21 day and during the same hearing in which the case is

22 disposed.

23 (3) When Records are Eligible to be Immediately

24 Sealed. Eligible records under paragraph (2) of this

25 subsection (g) may be sealed immediately after entry of

26 the final disposition of a case, notwithstanding the

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1 disposition of other charges in the same case.

2 (4) Notice of Eligibility for Immediate Sealing. Upon

3 entry of a disposition for an eligible record under this

4 subsection (g), the defendant shall be informed by the

5 court of his or her right to have eligible records

6 immediately sealed and the procedure for the immediate

7 sealing of these records.

8 (5) Procedure. The following procedures apply to

9 immediate sealing under this subsection (g).

10 (A) Filing the Petition. Upon entry of the final

11 disposition of the case, the defendant's attorney may

12 immediately petition the court, on behalf of the

13 defendant, for immediate sealing of eligible records

14 under paragraph (2) of this subsection (g) that are

15 entered on or after January 1, 2018 (the effective

16 date of Public Act 100-282). The immediate sealing

17 petition may be filed with the circuit court clerk

18 during the hearing in which the final disposition of

19 the case is entered. If the defendant's attorney does

20 not file the petition for immediate sealing during the

21 hearing, the defendant may file a petition for sealing

22 at any time as authorized under subsection (c)(3)(A).

23 (B) Contents of Petition. The immediate sealing

24 petition shall be verified and shall contain the

25 petitioner's name, date of birth, current address, and

26 for each eligible record, the case number, the date of

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1 arrest if applicable, the identity of the arresting

2 authority if applicable, and other information as the

3 court may require.

4 (C) Drug Test. The petitioner shall not be

5 required to attach proof that he or she has passed a

6 drug test.

7 (D) Service of Petition. A copy of the petition

8 shall be served on the State's Attorney in open court.

9 The petitioner shall not be required to serve a copy of

10 the petition on any other agency.

11 (E) Entry of Order. The presiding trial judge

12 shall enter an order granting or denying the petition

13 for immediate sealing during the hearing in which it

14 is filed. Petitions for immediate sealing shall be

15 ruled on in the same hearing in which the final

16 disposition of the case is entered.

17 (F) Hearings. The court shall hear the petition

18 for immediate sealing on the same day and during the

19 same hearing in which the disposition is rendered.

20 (G) Service of Order. An order to immediately seal

21 eligible records shall be served in conformance with

22 subsection (d)(8).

23 (H) Implementation of Order. An order to

24 immediately seal records shall be implemented in

25 conformance with subsections (d)(9)(C) and (d)(9)(D).

26 (I) Fees. The fee imposed by the circuit court

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1 clerk and the Illinois State Police shall comply with

2 paragraph (1) of subsection (d) of this Section.

3 (J) Final Order. No court order issued under this

4 subsection (g) shall become final for purposes of

5 appeal until 30 days after service of the order on the

6 petitioner and all parties entitled to service of the

7 order in conformance with subsection (d)(8).

8 (K) Motion to Vacate, Modify, or Reconsider. Under

9 Section 2-1203 of the Code of Civil Procedure, the

10 petitioner, State's Attorney, or the Illinois State

11 Police may file a motion to vacate, modify, or

12 reconsider the order denying the petition to

13 immediately seal within 60 days of service of the

14 order. If filed more than 60 days after service of the

15 order, a petition to vacate, modify, or reconsider

16 shall comply with subsection (c) of Section 2-1401 of

17 the Code of Civil Procedure.

18 (L) Effect of Order. An order granting an

19 immediate sealing petition shall not be considered

20 void because it fails to comply with the provisions of

21 this Section or because of an error asserted in a

22 motion to vacate, modify, or reconsider. The circuit

23 court retains jurisdiction to determine whether the

24 order is voidable, and to vacate, modify, or

25 reconsider its terms based on a motion filed under

26 subparagraph (L) of this subsection (g).

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1 (M) Compliance with Order Granting Petition to

2 Seal Records. Unless a court has entered a stay of an

3 order granting a petition to immediately seal, all

4 parties entitled to service of the order must fully

5 comply with the terms of the order within 60 days of

6 service of the order.

7 (h) Sealing; trafficking victims.

8 (1) A trafficking victim as defined by paragraph (10)

9 of subsection (a) of Section 10-9 of the Criminal Code of

10 2012 shall be eligible to petition for immediate sealing

11 of his or her criminal record upon the completion of his or

12 her last sentence if his or her participation in the

13 underlying offense was a direct result of human

14 trafficking under Section 10-9 of the Criminal Code of

15 2012 or a severe form of trafficking under the federal

16 Trafficking Victims Protection Act.

17 (2) A petitioner under this subsection (h), in

18 addition to the requirements provided under paragraph (4)

19 of subsection (d) of this Section, shall include in his or

20 her petition a clear and concise statement that: (A) he or

21 she was a victim of human trafficking at the time of the

22 offense; and (B) that his or her participation in the

23 offense was a direct result of human trafficking under

24 Section 10-9 of the Criminal Code of 2012 or a severe form

25 of trafficking under the federal Trafficking Victims

26 Protection Act.

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1 (3) If an objection is filed alleging that the

2 petitioner is not entitled to immediate sealing under this

3 subsection (h), the court shall conduct a hearing under

4 paragraph (7) of subsection (d) of this Section and the

5 court shall determine whether the petitioner is entitled

6 to immediate sealing under this subsection (h). A

7 petitioner is eligible for immediate relief under this

8 subsection (h) if he or she shows, by a preponderance of

9 the evidence, that: (A) he or she was a victim of human

10 trafficking at the time of the offense; and (B) that his or

11 her participation in the offense was a direct result of

12 human trafficking under Section 10-9 of the Criminal Code

13 of 2012 or a severe form of trafficking under the federal

14 Trafficking Victims Protection Act.

15 (i) Minor Cannabis Offenses under the Cannabis Control

16 Act.

17 (1) Expungement of Arrest Records of Minor Cannabis

18 Offenses.

19 (A) The Illinois State Police and all law

20 enforcement agencies within the State shall

21 automatically expunge all criminal history records of

22 an arrest, charge not initiated by arrest, order of

23 supervision, or order of qualified probation for a

24 Minor Cannabis Offense committed prior to June 25,

25 2019 (the effective date of Public Act 101-27) if:

26 (i) One year or more has elapsed since the

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1 date of the arrest or law enforcement interaction

2 documented in the records; and

3 (ii) No criminal charges were filed relating

4 to the arrest or law enforcement interaction or

5 criminal charges were filed and subsequently

6 dismissed or vacated or the arrestee was

7 acquitted.

8 (B) If the law enforcement agency is unable to

9 verify satisfaction of condition (ii) in paragraph

10 (A), records that satisfy condition (i) in paragraph

11 (A) shall be automatically expunged.

12 (C) Records shall be expunged by the law

13 enforcement agency under the following timelines:

14 (i) Records created prior to June 25, 2019

15 (the effective date of Public Act 101-27), but on

16 or after January 1, 2013, shall be automatically

17 expunged prior to January 1, 2021;

18 (ii) Records created prior to January 1, 2013,

19 but on or after January 1, 2000, shall be

20 automatically expunged prior to January 1, 2024

21 ~~2023~~;

22 (iii) Records created prior to January 1, 2000

23 shall be automatically expunged prior to January

24 1, 2026 ~~2025~~.

25 In response to an inquiry for expunged records,

26 the law enforcement agency receiving such inquiry

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1 shall reply as it does in response to inquiries when no

2 records ever existed; however, it shall provide a

3 certificate of disposition or confirmation that the

4 record was expunged to the individual whose record was

5 expunged if such a record exists.

6 (D) Nothing in this Section shall be construed to

7 restrict or modify an individual's right to have that

8 individual's records expunged except as otherwise may

9 be provided in this Act, or diminish or abrogate any

10 rights or remedies otherwise available to the

11 individual.

12 (2) Pardons Authorizing Expungement of Minor Cannabis

13 Offenses.

14 (A) Upon June 25, 2019 (the effective date of

15 Public Act 101-27), the Illinois ~~Department of~~ State

16 Police shall review all criminal history record

17 information and identify all records that meet all of

18 the following criteria:

19 (i) one or more convictions for a Minor

20 Cannabis Offense;

21 (ii) the conviction identified in paragraph

22 (2)(A)(i) did not include a penalty enhancement

23 under Section 7 of the Cannabis Control Act; and

24 (iii) the conviction identified in paragraph

25 (2)(A)(i) is not associated with a conviction for

26 a violent crime as defined in subsection (c) of

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1 Section 3 of the Rights of Crime Victims and

2 Witnesses Act.

3 (B) Within 180 days after June 25, 2019 (the

4 effective date of Public Act 101-27), the Department

5 of State Police shall notify the Prisoner Review Board

6 of all such records that meet the criteria established

7 in paragraph (2)(A).

8 (i) The Prisoner Review Board shall notify the

9 State's Attorney of the county of conviction of

10 each record identified by State Police in

11 paragraph (2)(A) that is classified as a Class 4

12 felony. The State's Attorney may provide a written

13 objection to the Prisoner Review Board on the sole

14 basis that the record identified does not meet the

15 criteria established in paragraph (2)(A). Such an

16 objection must be filed within 60 days or by such

17 later date set by the Prisoner Review Board in the

18 notice after the State's Attorney received notice

19 from the Prisoner Review Board.

20 (ii) In response to a written objection from a

21 State's Attorney, the Prisoner Review Board is

22 authorized to conduct a non-public hearing to

23 evaluate the information provided in the

24 objection.

25 (iii) The Prisoner Review Board shall make a

26 confidential and privileged recommendation to the

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1 Governor as to whether to grant a pardon

2 authorizing expungement for each of the records

3 identified by the Illinois ~~Department of~~ State

4 Police as described in paragraph (2)(A).

5 (C) If an individual has been granted a pardon

6 authorizing expungement as described in this Section,

7 the Prisoner Review Board, through the Attorney

8 General, shall file a petition for expungement with

9 the Chief Judge of the circuit or any judge of the

10 circuit designated by the Chief Judge where the

11 individual had been convicted. Such petition may

12 include more than one individual. Whenever an

13 individual who has been convicted of an offense is

14 granted a pardon by the Governor that specifically

15 authorizes expungement, an objection to the petition

16 may not be filed. Petitions to expunge under this

17 subsection (i) may include more than one individual.

18 Within 90 days of the filing of such a petition, the

19 court shall enter an order expunging the records of

20 arrest from the official records of the arresting

21 authority and order that the records of the circuit

22 court clerk and the Illinois State Police be expunged

23 and the name of the defendant obliterated from the

24 official index requested to be kept by the circuit

25 court clerk under Section 16 of the Clerks of Courts

26 Act in connection with the arrest and conviction for

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1 the offense for which the individual had received a

2 pardon but the order shall not affect any index issued

3 by the circuit court clerk before the entry of the

4 order. Upon entry of the order of expungement, the

5 circuit court clerk shall promptly provide a copy of

6 the order and a certificate of disposition to the

7 individual who was pardoned to the individual's last

8 known address or by electronic means (if available) or

9 otherwise make it available to the individual upon

10 request.

11 (D) Nothing in this Section is intended to

12 diminish or abrogate any rights or remedies otherwise

13 available to the individual.

14 (3) Any individual may file a motion to vacate and

15 expunge a conviction for a misdemeanor or Class 4 felony

16 violation of Section 4 or Section 5 of the Cannabis

17 Control Act. Motions to vacate and expunge under this

18 subsection (i) may be filed with the circuit court, Chief

19 Judge of a judicial circuit or any judge of the circuit

20 designated by the Chief Judge. The circuit court clerk

21 shall promptly serve a copy of the motion to vacate and

22 expunge, and any supporting documentation, on the State's

23 Attorney or prosecutor charged with the duty of

24 prosecuting the offense. When considering such a motion to

25 vacate and expunge, a court shall consider the following:

26 the reasons to retain the records provided by law

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1 enforcement, the petitioner's age, the petitioner's age at

2 the time of offense, the time since the conviction, and

3 the specific adverse consequences if denied. An individual

4 may file such a petition after the completion of any

5 non-financial sentence or non-financial condition imposed

6 by the conviction. Within 60 days of the filing of such

7 motion, a State's Attorney may file an objection to such a

8 petition along with supporting evidence. If a motion to

9 vacate and expunge is granted, the records shall be

10 expunged in accordance with subparagraphs (d)(8) and

11 (d)(9)(A) of this Section. An agency providing civil legal

12 aid, as defined by Section 15 of the Public Interest

13 Attorney Assistance Act, assisting individuals seeking to

14 file a motion to vacate and expunge under this subsection

15 may file motions to vacate and expunge with the Chief

16 Judge of a judicial circuit or any judge of the circuit

17 designated by the Chief Judge, and the motion may include

18 more than one individual. Motions filed by an agency

19 providing civil legal aid concerning more than one

20 individual may be prepared, presented, and signed

21 electronically.

22 (4) Any State's Attorney may file a motion to vacate

23 and expunge a conviction for a misdemeanor or Class 4

24 felony violation of Section 4 or Section 5 of the Cannabis

25 Control Act. Motions to vacate and expunge under this

26 subsection (i) may be filed with the circuit court, Chief

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1 Judge of a judicial circuit or any judge of the circuit

2 designated by the Chief Judge, and may include more than

3 one individual. Motions filed by a State's Attorney

4 concerning more than one individual may be prepared,

5 presented, and signed electronically. When considering

6 such a motion to vacate and expunge, a court shall

7 consider the following: the reasons to retain the records

8 provided by law enforcement, the individual's age, the

9 individual's age at the time of offense, the time since

10 the conviction, and the specific adverse consequences if

11 denied. Upon entry of an order granting a motion to vacate

12 and expunge records pursuant to this Section, the State's

13 Attorney shall notify the Prisoner Review Board within 30

14 days. Upon entry of the order of expungement, the circuit

15 court clerk shall promptly provide a copy of the order and

16 a certificate of disposition to the individual whose

17 records will be expunged to the individual's last known

18 address or by electronic means (if available) or otherwise

19 make available to the individual upon request. If a motion

20 to vacate and expunge is granted, the records shall be

21 expunged in accordance with subparagraphs (d)(8) and

22 (d)(9)(A) of this Section.

23 (5) In the public interest, the State's Attorney of a

24 county has standing to file motions to vacate and expunge

25 pursuant to this Section in the circuit court with

26 jurisdiction over the underlying conviction.

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1 (6) If a person is arrested for a Minor Cannabis

2 Offense as defined in this Section before June 25, 2019

3 (the effective date of Public Act 101-27) and the person's

4 case is still pending but a sentence has not been imposed,

5 the person may petition the court in which the charges are

6 pending for an order to summarily dismiss those charges

7 against him or her, and expunge all official records of

8 his or her arrest, plea, trial, conviction, incarceration,

9 supervision, or expungement. If the court determines, upon

10 review, that: (A) the person was arrested before June 25,

11 2019 (the effective date of Public Act 101-27) for an

12 offense that has been made eligible for expungement; (B)

13 the case is pending at the time; and (C) the person has not

14 been sentenced of the minor cannabis violation eligible

15 for expungement under this subsection, the court shall

16 consider the following: the reasons to retain the records

17 provided by law enforcement, the petitioner's age, the

18 petitioner's age at the time of offense, the time since

19 the conviction, and the specific adverse consequences if

20 denied. If a motion to dismiss and expunge is granted, the

21 records shall be expunged in accordance with subparagraph

22 (d)(9)(A) of this Section.

23 (7) A person imprisoned solely as a result of one or

24 more convictions for Minor Cannabis Offenses under this

25 subsection (i) shall be released from incarceration upon

26 the issuance of an order under this subsection.

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1 (8) The Illinois State Police shall allow a person to

2 use the access and review process, established in the

3 Illinois State Police, for verifying that his or her

4 records relating to Minor Cannabis Offenses of the

5 Cannabis Control Act eligible under this Section have been

6 expunged.

7 (9) No conviction vacated pursuant to this Section

8 shall serve as the basis for damages for time unjustly

9 served as provided in the Court of Claims Act.

10 (10) Effect of Expungement. A person's right to

11 expunge an expungeable offense shall not be limited under

12 this Section. The effect of an order of expungement shall

13 be to restore the person to the status he or she occupied

14 before the arrest, charge, or conviction.

15 (11) Information. The Illinois State Police shall post

16 general information on its website about the expungement

17 process described in this subsection (i).

18 (j) Felony Prostitution Convictions.

19 (1) Any individual may file a motion to vacate and

20 expunge a conviction for a prior Class 4 felony violation

21 of prostitution. Motions to vacate and expunge under this

22 subsection (j) may be filed with the circuit court, Chief

23 Judge of a judicial circuit, or any judge of the circuit

24 designated by the Chief Judge. When considering the motion

25 to vacate and expunge, a court shall consider the

26 following:

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1 (A) the reasons to retain the records provided by

2 law enforcement;

3 (B) the petitioner's age;

4 (C) the petitioner's age at the time of offense;

5 and

6 (D) the time since the conviction, and the

7 specific adverse consequences if denied. An individual

8 may file the petition after the completion of any

9 sentence or condition imposed by the conviction.

10 Within 60 days of the filing of the motion, a State's

11 Attorney may file an objection to the petition along

12 with supporting evidence. If a motion to vacate and

13 expunge is granted, the records shall be expunged in

14 accordance with subparagraph (d)(9)(A) of this

15 Section. An agency providing civil legal aid, as

16 defined in Section 15 of the Public Interest Attorney

17 Assistance Act, assisting individuals seeking to file

18 a motion to vacate and expunge under this subsection

19 may file motions to vacate and expunge with the Chief

20 Judge of a judicial circuit or any judge of the circuit

21 designated by the Chief Judge, and the motion may

22 include more than one individual.

23 (2) Any State's Attorney may file a motion to vacate

24 and expunge a conviction for a Class 4 felony violation of

25 prostitution. Motions to vacate and expunge under this

26 subsection (j) may be filed with the circuit court, Chief

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1 Judge of a judicial circuit, or any judge of the circuit

2 court designated by the Chief Judge, and may include more

3 than one individual. When considering the motion to vacate

4 and expunge, a court shall consider the following reasons:

5 (A) the reasons to retain the records provided by

6 law enforcement;

7 (B) the petitioner's age;

8 (C) the petitioner's age at the time of offense;

9 (D) the time since the conviction; and

10 (E) the specific adverse consequences if denied.

11 If the State's Attorney files a motion to vacate and

12 expunge records for felony prostitution convictions

13 pursuant to this Section, the State's Attorney shall

14 notify the Prisoner Review Board within 30 days of the

15 filing. If a motion to vacate and expunge is granted, the

16 records shall be expunged in accordance with subparagraph

17 (d)(9)(A) of this Section.

18 (3) In the public interest, the State's Attorney of a

19 county has standing to file motions to vacate and expunge

20 pursuant to this Section in the circuit court with

21 jurisdiction over the underlying conviction.

22 (4) The Illinois State Police shall allow a person to

23 a use the access and review process, established in the

24 Illinois State Police, for verifying that his or her

25 records relating to felony prostitution eligible under

26 this Section have been expunged.

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1 (5) No conviction vacated pursuant to this Section

2 shall serve as the basis for damages for time unjustly

3 served as provided in the Court of Claims Act.

4 (6) Effect of Expungement. A person's right to expunge

5 an expungeable offense shall not be limited under this

6 Section. The effect of an order of expungement shall be to

7 restore the person to the status he or she occupied before

8 the arrest, charge, or conviction.

9 (7) Information. The Illinois State Police shall post

10 general information on its website about the expungement

11 process described in this subsection (j).

12 (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;

13 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.

14 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;

15 102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.

16 5-13-22; revised 8-19-22.)

17 (Text of Section after amendment by P.A. 102-933)

18 Sec. 5.2. Expungement, sealing, and immediate sealing.

19 (a) General Provisions.

20 (1) Definitions. In this Act, words and phrases have

21 the meanings set forth in this subsection, except when a

22 particular context clearly requires a different meaning.

23 (A) The following terms shall have the meanings

24 ascribed to them in the following Sections of the

25 Unified Code of Corrections:

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1 Business Offense, Section 5-1-2.

2 Charge, Section 5-1-3.

3 Court, Section 5-1-6.

4 Defendant, Section 5-1-7.

5 Felony, Section 5-1-9.

6 Imprisonment, Section 5-1-10.

7 Judgment, Section 5-1-12.

8 Misdemeanor, Section 5-1-14.

9 Offense, Section 5-1-15.

10 Parole, Section 5-1-16.

11 Petty Offense, Section 5-1-17.

12 Probation, Section 5-1-18.

13 Sentence, Section 5-1-19.

14 Supervision, Section 5-1-21.

15 Victim, Section 5-1-22.

16 (B) As used in this Section, "charge not initiated

17 by arrest" means a charge (as defined by Section 5-1-3

18 of the Unified Code of Corrections) brought against a

19 defendant where the defendant is not arrested prior to

20 or as a direct result of the charge.

21 (C) "Conviction" means a judgment of conviction or

22 sentence entered upon a plea of guilty or upon a

23 verdict or finding of guilty of an offense, rendered

24 by a legally constituted jury or by a court of

25 competent jurisdiction authorized to try the case

26 without a jury. An order of supervision successfully

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1 completed by the petitioner is not a conviction. An

2 order of qualified probation (as defined in subsection

3 (a)(1)(J)) successfully completed by the petitioner is

4 not a conviction. An order of supervision or an order

5 of qualified probation that is terminated

6 unsatisfactorily is a conviction, unless the

7 unsatisfactory termination is reversed, vacated, or

8 modified and the judgment of conviction, if any, is

9 reversed or vacated.

10 (D) "Criminal offense" means a petty offense,

11 business offense, misdemeanor, felony, or municipal

12 ordinance violation (as defined in subsection

13 (a)(1)(H)). As used in this Section, a minor traffic

14 offense (as defined in subsection (a)(1)(G)) shall not

15 be considered a criminal offense.

16 (E) "Expunge" means to physically destroy the

17 records or return them to the petitioner and to

18 obliterate the petitioner's name from any official

19 index or public record, or both. Nothing in this Act

20 shall require the physical destruction of the circuit

21 court file, but such records relating to arrests or

22 charges, or both, ordered expunged shall be impounded

23 as required by subsections (d)(9)(A)(ii) and

24 (d)(9)(B)(ii).

25 (F) As used in this Section, "last sentence" means

26 the sentence, order of supervision, or order of

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1 qualified probation (as defined by subsection

2 (a)(1)(J)), for a criminal offense (as defined by

3 subsection (a)(1)(D)) that terminates last in time in

4 any jurisdiction, regardless of whether the petitioner

5 has included the criminal offense for which the

6 sentence or order of supervision or qualified

7 probation was imposed in his or her petition. If

8 multiple sentences, orders of supervision, or orders

9 of qualified probation terminate on the same day and

10 are last in time, they shall be collectively

11 considered the "last sentence" regardless of whether

12 they were ordered to run concurrently.

13 (G) "Minor traffic offense" means a petty offense,

14 business offense, or Class C misdemeanor under the

15 Illinois Vehicle Code or a similar provision of a

16 municipal or local ordinance.

17 (G-5) "Minor Cannabis Offense" means a violation

18 of Section 4 or 5 of the Cannabis Control Act

19 concerning not more than 30 grams of any substance

20 containing cannabis, provided the violation did not

21 include a penalty enhancement under Section 7 of the

22 Cannabis Control Act and is not associated with an

23 arrest, conviction or other disposition for a violent

24 crime as defined in subsection (c) of Section 3 of the

25 Rights of Crime Victims and Witnesses Act.

26 (H) "Municipal ordinance violation" means an

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1 offense defined by a municipal or local ordinance that

2 is criminal in nature and with which the petitioner

3 was charged or for which the petitioner was arrested

4 and released without charging.

5 (I) "Petitioner" means an adult or a minor

6 prosecuted as an adult who has applied for relief

7 under this Section.

8 (J) "Qualified probation" means an order of

9 probation under Section 10 of the Cannabis Control

10 Act, Section 410 of the Illinois Controlled Substances

11 Act, Section 70 of the Methamphetamine Control and

12 Community Protection Act, Section 5-6-3.3 or 5-6-3.4

13 of the Unified Code of Corrections, Section

14 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

15 those provisions existed before their deletion by

16 Public Act 89-313), Section 10-102 of the Illinois

17 Alcoholism and Other Drug Dependency Act, Section

18 40-10 of the Substance Use Disorder Act, or Section 10

19 of the Steroid Control Act. For the purpose of this

20 Section, "successful completion" of an order of

21 qualified probation under Section 10-102 of the

22 Illinois Alcoholism and Other Drug Dependency Act and

23 Section 40-10 of the Substance Use Disorder Act means

24 that the probation was terminated satisfactorily and

25 the judgment of conviction was vacated.

26 (K) "Seal" means to physically and electronically

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1 maintain the records, unless the records would

2 otherwise be destroyed due to age, but to make the

3 records unavailable without a court order, subject to

4 the exceptions in Sections 12 and 13 of this Act. The

5 petitioner's name shall also be obliterated from the

6 official index required to be kept by the circuit

7 court clerk under Section 16 of the Clerks of Courts

8 Act, but any index issued by the circuit court clerk

9 before the entry of the order to seal shall not be

10 affected.

11 (L) "Sexual offense committed against a minor"

12 includes, but is not limited to, the offenses of

13 indecent solicitation of a child or criminal sexual

14 abuse when the victim of such offense is under 18 years

15 of age.

16 (M) "Terminate" as it relates to a sentence or

17 order of supervision or qualified probation includes

18 either satisfactory or unsatisfactory termination of

19 the sentence, unless otherwise specified in this

20 Section. A sentence is terminated notwithstanding any

21 outstanding financial legal obligation.

22 (2) Minor Traffic Offenses. Orders of supervision or

23 convictions for minor traffic offenses shall not affect a

24 petitioner's eligibility to expunge or seal records

25 pursuant to this Section.

26 (2.5) Commencing 180 days after July 29, 2016 (the

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1 effective date of Public Act 99-697), the law enforcement

2 agency issuing the citation shall automatically expunge,

3 on or before January 1 and July 1 of each year, the law

4 enforcement records of a person found to have committed a

5 civil law violation of subsection (a) of Section 4 of the

6 Cannabis Control Act or subsection (c) of Section 3.5 of

7 the Drug Paraphernalia Control Act in the law enforcement

8 agency's possession or control and which contains the

9 final satisfactory disposition which pertain to the person

10 issued a citation for that offense. The law enforcement

11 agency shall provide by rule the process for access,

12 review, and to confirm the automatic expungement by the

13 law enforcement agency issuing the citation. Commencing

14 180 days after July 29, 2016 (the effective date of Public

15 Act 99-697), the clerk of the circuit court shall expunge,

16 upon order of the court, or in the absence of a court order

17 on or before January 1 and July 1 of each year, the court

18 records of a person found in the circuit court to have

19 committed a civil law violation of subsection (a) of

20 Section 4 of the Cannabis Control Act or subsection (c) of

21 Section 3.5 of the Drug Paraphernalia Control Act in the

22 clerk's possession or control and which contains the final

23 satisfactory disposition which pertain to the person

24 issued a citation for any of those offenses.

25 (2.6) Commencing 180 days after the effective date

26 of this amendatory Act of the 103rd General Assembly, the

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1 law enforcement agency issuing the citation shall

2 automatically expunge, on or before January 1 and July 1

3 of each year, the law enforcement records of a person

4 found to have committed a violation of subsection (e) of

5 Section 401 of the Illinois Controlled Substances Act by

6 possessing psilocybin and psilocin or of subsection (a) of

7 Section 3.5 of the Drug Paraphernalia Control Act by

8 possessing paraphernalia used in relation to psilocybin

9 and psilocin in the law enforcement agency's possession or

10 control and which contains the final satisfactory

11 disposition which pertain to the person issued a citation

12 for that offense. The law enforcement agency shall provide

13 by rule the process for access, review, and to confirm the

14 automatic expungement by the law enforcement agency

15 issuing the citation. Commencing 180 days after the

16 effective date of this amendatory Act of the 103rd General

17 Assembly, the clerk of the circuit court shall expunge,

18 upon order of the court, or in the absence of a court order

19 on or before January 1 and July 1 of each year, the court

20 records of a person found in the circuit court to have

21 committed a violation of subsection (e) of Section 401 of

22 the Illinois Controlled Substances Act by possessing

23 psilocybin and psilocin or of subsection (a) of Section

24 3.5 of the Drug Paraphernalia Control Act by possessing

25 paraphernalia used in relation to psilocybin and psilocin

26 in the clerk's possession or control and which contains

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1 the final satisfactory disposition which pertain to the

2 person issued a citation for any of those offenses.

3 (3) Exclusions. Except as otherwise provided in

4 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)

5 of this Section, the court shall not order:

6 (A) the sealing or expungement of the records of

7 arrests or charges not initiated by arrest that result

8 in an order of supervision for or conviction of: (i)

9 any sexual offense committed against a minor; (ii)

10 Section 11-501 of the Illinois Vehicle Code or a

11 similar provision of a local ordinance; or (iii)

12 Section 11-503 of the Illinois Vehicle Code or a

13 similar provision of a local ordinance, unless the

14 arrest or charge is for a misdemeanor violation of

15 subsection (a) of Section 11-503 or a similar

16 provision of a local ordinance, that occurred prior to

17 the offender reaching the age of 25 years and the

18 offender has no other conviction for violating Section

19 11-501 or 11-503 of the Illinois Vehicle Code or a

20 similar provision of a local ordinance.

21 (B) the sealing or expungement of records of minor

22 traffic offenses (as defined in subsection (a)(1)(G)),

23 unless the petitioner was arrested and released

24 without charging.

25 (C) the sealing of the records of arrests or

26 charges not initiated by arrest which result in an

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1 order of supervision or a conviction for the following

2 offenses:

3 (i) offenses included in Article 11 of the

4 Criminal Code of 1961 or the Criminal Code of 2012

5 or a similar provision of a local ordinance,

6 except Section 11-14 and a misdemeanor violation

7 of Section 11-30 of the Criminal Code of 1961 or

8 the Criminal Code of 2012, or a similar provision

9 of a local ordinance;

10 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,

11 26-5, or 48-1 of the Criminal Code of 1961 or the

12 Criminal Code of 2012, or a similar provision of a

13 local ordinance;

14 (iii) Section ~~Sections~~ 12-3.1 or 12-3.2 of the

15 Criminal Code of 1961 or the Criminal Code of

16 2012, or Section 125 of the Stalking No Contact

17 Order Act, or Section 219 of the Civil No Contact

18 Order Act, or a similar provision of a local

19 ordinance;

20 (iv) Class A misdemeanors or felony offenses

21 under the Humane Care for Animals Act; or

22 (v) any offense or attempted offense that

23 would subject a person to registration under the

24 Sex Offender Registration Act.

25 (D) (blank).

26 (b) Expungement.

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1 (1) A petitioner may petition the circuit court to

2 expunge the records of his or her arrests and charges not

3 initiated by arrest when each arrest or charge not

4 initiated by arrest sought to be expunged resulted in: (i)

5 acquittal, dismissal, or the petitioner's release without

6 charging, unless excluded by subsection (a)(3)(B); (ii) a

7 conviction which was vacated or reversed, unless excluded

8 by subsection (a)(3)(B); (iii) an order of supervision and

9 such supervision was successfully completed by the

10 petitioner, unless excluded by subsection (a)(3)(A) or

11 (a)(3)(B); or (iv) an order of qualified probation (as

12 defined in subsection (a)(1)(J)) and such probation was

13 successfully completed by the petitioner.

14 (1.5) When a petitioner seeks to have a record of

15 arrest expunged under this Section, and the offender has

16 been convicted of a criminal offense, the State's Attorney

17 may object to the expungement on the grounds that the

18 records contain specific relevant information aside from

19 the mere fact of the arrest.

20 (2) Time frame for filing a petition to expunge.

21 (A) When the arrest or charge not initiated by

22 arrest sought to be expunged resulted in an acquittal,

23 dismissal, the petitioner's release without charging,

24 or the reversal or vacation of a conviction, there is

25 no waiting period to petition for the expungement of

26 such records.

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1 (B) When the arrest or charge not initiated by

2 arrest sought to be expunged resulted in an order of

3 supervision, successfully completed by the petitioner,

4 the following time frames will apply:

5 (i) Those arrests or charges that resulted in

6 orders of supervision under Section 3-707, 3-708,

7 3-710, or 5-401.3 of the Illinois Vehicle Code or

8 a similar provision of a local ordinance, or under

9 Section 11-1.50, 12-3.2, or 12-15 of the Criminal

10 Code of 1961 or the Criminal Code of 2012, or a

11 similar provision of a local ordinance, shall not

12 be eligible for expungement until 5 years have

13 passed following the satisfactory termination of

14 the supervision.

15 (i-5) Those arrests or charges that resulted

16 in orders of supervision for a misdemeanor

17 violation of subsection (a) of Section 11-503 of

18 the Illinois Vehicle Code or a similar provision

19 of a local ordinance, that occurred prior to the

20 offender reaching the age of 25 years and the

21 offender has no other conviction for violating

22 Section 11-501 or 11-503 of the Illinois Vehicle

23 Code or a similar provision of a local ordinance

24 shall not be eligible for expungement until the

25 petitioner has reached the age of 25 years.

26 (ii) Those arrests or charges that resulted in

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1 orders of supervision for any other offenses shall

2 not be eligible for expungement until 2 years have

3 passed following the satisfactory termination of

4 the supervision.

5 (C) When the arrest or charge not initiated by

6 arrest sought to be expunged resulted in an order of

7 qualified probation, successfully completed by the

8 petitioner, such records shall not be eligible for

9 expungement until 5 years have passed following the

10 satisfactory termination of the probation.

11 (3) Those records maintained by the Illinois State

12 Police for persons arrested prior to their 17th birthday

13 shall be expunged as provided in Section 5-915 of the

14 Juvenile Court Act of 1987.

15 (4) Whenever a person has been arrested for or

16 convicted of any offense, in the name of a person whose

17 identity he or she has stolen or otherwise come into

18 possession of, the aggrieved person from whom the identity

19 was stolen or otherwise obtained without authorization,

20 upon learning of the person having been arrested using his

21 or her identity, may, upon verified petition to the chief

22 judge of the circuit wherein the arrest was made, have a

23 court order entered nunc pro tunc by the Chief Judge to

24 correct the arrest record, conviction record, if any, and

25 all official records of the arresting authority, the

26 Illinois State Police, other criminal justice agencies,

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1 the prosecutor, and the trial court concerning such

2 arrest, if any, by removing his or her name from all such

3 records in connection with the arrest and conviction, if

4 any, and by inserting in the records the name of the

5 offender, if known or ascertainable, in lieu of the

6 aggrieved's name. The records of the circuit court clerk

7 shall be sealed until further order of the court upon good

8 cause shown and the name of the aggrieved person

9 obliterated on the official index required to be kept by

10 the circuit court clerk under Section 16 of the Clerks of

11 Courts Act, but the order shall not affect any index

12 issued by the circuit court clerk before the entry of the

13 order. Nothing in this Section shall limit the Illinois

14 State Police or other criminal justice agencies or

15 prosecutors from listing under an offender's name the

16 false names he or she has used.

17 (5) Whenever a person has been convicted of criminal

18 sexual assault, aggravated criminal sexual assault,

19 predatory criminal sexual assault of a child, criminal

20 sexual abuse, or aggravated criminal sexual abuse, the

21 victim of that offense may request that the State's

22 Attorney of the county in which the conviction occurred

23 file a verified petition with the presiding trial judge at

24 the petitioner's trial to have a court order entered to

25 seal the records of the circuit court clerk in connection

26 with the proceedings of the trial court concerning that

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1 offense. However, the records of the arresting authority

2 and the Illinois State Police concerning the offense shall

3 not be sealed. The court, upon good cause shown, shall

4 make the records of the circuit court clerk in connection

5 with the proceedings of the trial court concerning the

6 offense available for public inspection.

7 (6) If a conviction has been set aside on direct

8 review or on collateral attack and the court determines by

9 clear and convincing evidence that the petitioner was

10 factually innocent of the charge, the court that finds the

11 petitioner factually innocent of the charge shall enter an

12 expungement order for the conviction for which the

13 petitioner has been determined to be innocent as provided

14 in subsection (b) of Section 5-5-4 of the Unified Code of

15 Corrections.

16 (7) Nothing in this Section shall prevent the Illinois

17 State Police from maintaining all records of any person

18 who is admitted to probation upon terms and conditions and

19 who fulfills those terms and conditions pursuant to

20 Section 10 of the Cannabis Control Act, Section 410 of the

21 Illinois Controlled Substances Act, Section 70 of the

22 Methamphetamine Control and Community Protection Act,

23 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

24 Corrections, Section 12-4.3 or subdivision (b)(1) of

25 Section 12-3.05 of the Criminal Code of 1961 or the

26 Criminal Code of 2012, Section 10-102 of the Illinois

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1 Alcoholism and Other Drug Dependency Act, Section 40-10 of

2 the Substance Use Disorder Act, or Section 10 of the

3 Steroid Control Act.

4 (8) If the petitioner has been granted a certificate

5 of innocence under Section 2-702 of the Code of Civil

6 Procedure, the court that grants the certificate of

7 innocence shall also enter an order expunging the

8 conviction for which the petitioner has been determined to

9 be innocent as provided in subsection (h) of Section 2-702

10 of the Code of Civil Procedure.

11 (c) Sealing.

12 (1) Applicability. Notwithstanding any other provision

13 of this Act to the contrary, and cumulative with any

14 rights to expungement of criminal records, this subsection

15 authorizes the sealing of criminal records of adults and

16 of minors prosecuted as adults. Subsection (g) of this

17 Section provides for immediate sealing of certain records.

18 (2) Eligible Records. The following records may be

19 sealed:

20 (A) All arrests resulting in release without

21 charging;

22 (B) Arrests or charges not initiated by arrest

23 resulting in acquittal, dismissal, or conviction when

24 the conviction was reversed or vacated, except as

25 excluded by subsection (a)(3)(B);

26 (C) Arrests or charges not initiated by arrest

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1 resulting in orders of supervision, including orders

2 of supervision for municipal ordinance violations,

3 successfully completed by the petitioner, unless

4 excluded by subsection (a)(3);

5 (D) Arrests or charges not initiated by arrest

6 resulting in convictions, including convictions on

7 municipal ordinance violations, unless excluded by

8 subsection (a)(3);

9 (E) Arrests or charges not initiated by arrest

10 resulting in orders of first offender probation under

11 Section 10 of the Cannabis Control Act, Section 410 of

12 the Illinois Controlled Substances Act, Section 70 of

13 the Methamphetamine Control and Community Protection

14 Act, or Section 5-6-3.3 of the Unified Code of

15 Corrections; and

16 (F) Arrests or charges not initiated by arrest

17 resulting in felony convictions unless otherwise

18 excluded by subsection (a) paragraph (3) of this

19 Section.

20 (3) When Records Are Eligible to Be Sealed. Records

21 identified as eligible under subsection (c)(2) may be

22 sealed as follows:

23 (A) Records identified as eligible under

24 subsections ~~subsection~~ (c)(2)(A) and (c)(2)(B) may be

25 sealed at any time.

26 (B) Except as otherwise provided in subparagraph

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1 (E) of this paragraph (3), records identified as

2 eligible under subsection (c)(2)(C) may be sealed 2

3 years after the termination of petitioner's last

4 sentence (as defined in subsection (a)(1)(F)).

5 (C) Except as otherwise provided in subparagraph

6 (E) of this paragraph (3), records identified as

7 eligible under subsections (c)(2)(D), (c)(2)(E), and

8 (c)(2)(F) may be sealed 3 years after the termination

9 of the petitioner's last sentence (as defined in

10 subsection (a)(1)(F)). Convictions requiring public

11 registration under the Arsonist Registration Act, the

12 Sex Offender Registration Act, or the Murderer and

13 Violent Offender Against Youth Registration Act may

14 not be sealed until the petitioner is no longer

15 required to register under that relevant Act.

16 (D) Records identified in subsection

17 (a)(3)(A)(iii) may be sealed after the petitioner has

18 reached the age of 25 years.

19 (E) Records identified as eligible under

20 subsection ~~subsections~~ (c)(2)(C), (c)(2)(D),

21 (c)(2)(E), or (c)(2)(F) may be sealed upon termination

22 of the petitioner's last sentence if the petitioner

23 earned a high school diploma, associate's degree,

24 career certificate, vocational technical

25 certification, or bachelor's degree, or passed the

26 high school level Test of General Educational

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1 Development, during the period of his or her sentence

2 or mandatory supervised release. This subparagraph

3 shall apply only to a petitioner who has not completed

4 the same educational goal prior to the period of his or

5 her sentence or mandatory supervised release. If a

6 petition for sealing eligible records filed under this

7 subparagraph is denied by the court, the time periods

8 under subparagraph (B) or (C) shall apply to any

9 subsequent petition for sealing filed by the

10 petitioner.

11 (4) Subsequent felony convictions. A person may not

12 have subsequent felony conviction records sealed as

13 provided in this subsection (c) if he or she is convicted

14 of any felony offense after the date of the sealing of

15 prior felony convictions as provided in this subsection

16 (c). The court may, upon conviction for a subsequent

17 felony offense, order the unsealing of prior felony

18 conviction records previously ordered sealed by the court.

19 (5) Notice of eligibility for sealing. Upon entry of a

20 disposition for an eligible record under this subsection

21 (c), the petitioner shall be informed by the court of the

22 right to have the records sealed and the procedures for

23 the sealing of the records.

24 (d) Procedure. The following procedures apply to

25 expungement under subsections (b), (e), and (e-6) and sealing

26 under subsections (c) and (e-5):

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1 (1) Filing the petition. Upon becoming eligible to

2 petition for the expungement or sealing of records under

3 this Section, the petitioner shall file a petition

4 requesting the expungement or sealing of records with the

5 clerk of the court where the arrests occurred or the

6 charges were brought, or both. If arrests occurred or

7 charges were brought in multiple jurisdictions, a petition

8 must be filed in each such jurisdiction. The petitioner

9 shall pay the applicable fee, except no fee shall be

10 required if the petitioner has obtained a court order

11 waiving fees under Supreme Court Rule 298 or it is

12 otherwise waived.

13 (1.5) County fee waiver pilot program. From August 9,

14 2019 (the effective date of Public Act 101-306) through

15 December 31, 2020, in a county of 3,000,000 or more

16 inhabitants, no fee shall be required to be paid by a

17 petitioner if the records sought to be expunged or sealed

18 were arrests resulting in release without charging or

19 arrests or charges not initiated by arrest resulting in

20 acquittal, dismissal, or conviction when the conviction

21 was reversed or vacated, unless excluded by subsection

22 (a)(3)(B). The provisions of this paragraph (1.5), other

23 than this sentence, are inoperative on and after January

24 1, 2022.

25 (2) Contents of petition. The petition shall be

26 verified and shall contain the petitioner's name, date of

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1 birth, current address and, for each arrest or charge not

2 initiated by arrest sought to be sealed or expunged, the

3 case number, the date of arrest (if any), the identity of

4 the arresting authority, and such other information as the

5 court may require. During the pendency of the proceeding,

6 the petitioner shall promptly notify the circuit court

7 clerk of any change of his or her address. If the

8 petitioner has received a certificate of eligibility for

9 sealing from the Prisoner Review Board under paragraph

10 (10) of subsection (a) of Section 3-3-2 of the Unified

11 Code of Corrections, the certificate shall be attached to

12 the petition.

13 (3) Drug test. The petitioner must attach to the

14 petition proof that the petitioner has taken within 30

15 days before the filing of the petition a test showing the

16 absence within his or her body of all illegal substances

17 as defined by the Illinois Controlled Substances Act and

18 the Methamphetamine Control and Community Protection Act

19 if he or she is petitioning to:

20 (A) seal felony records under clause (c)(2)(E);

21 (B) seal felony records for a violation of the

22 Illinois Controlled Substances Act, the

23 Methamphetamine Control and Community Protection Act,

24 or the Cannabis Control Act under clause (c)(2)(F);

25 (C) seal felony records under subsection (e-5); or

26 (D) expunge felony records of a qualified

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1 probation under clause (b)(1)(iv).

2 (4) Service of petition. The circuit court clerk shall

3 promptly serve a copy of the petition and documentation to

4 support the petition under subsection (e-5) or (e-6) on

5 the State's Attorney or prosecutor charged with the duty

6 of prosecuting the offense, the Illinois State Police, the

7 arresting agency and the chief legal officer of the unit

8 of local government effecting the arrest.

9 (5) Objections.

10 (A) Any party entitled to notice of the petition

11 may file an objection to the petition. All objections

12 shall be in writing, shall be filed with the circuit

13 court clerk, and shall state with specificity the

14 basis of the objection. Whenever a person who has been

15 convicted of an offense is granted a pardon by the

16 Governor which specifically authorizes expungement, an

17 objection to the petition may not be filed.

18 (B) Objections to a petition to expunge or seal

19 must be filed within 60 days of the date of service of

20 the petition.

21 (6) Entry of order.

22 (A) The Chief Judge of the circuit wherein the

23 charge was brought, any judge of that circuit

24 designated by the Chief Judge, or in counties of less

25 than 3,000,000 inhabitants, the presiding trial judge

26 at the petitioner's trial, if any, shall rule on the

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1 petition to expunge or seal as set forth in this

2 subsection (d)(6).

3 (B) Unless the State's Attorney or prosecutor, the

4 Illinois State Police, the arresting agency, or the

5 chief legal officer files an objection to the petition

6 to expunge or seal within 60 days from the date of

7 service of the petition, the court shall enter an

8 order granting or denying the petition.

9 (C) Notwithstanding any other provision of law,

10 the court shall not deny a petition for sealing under

11 this Section because the petitioner has not satisfied

12 an outstanding legal financial obligation established,

13 imposed, or originated by a court, law enforcement

14 agency, or a municipal, State, county, or other unit

15 of local government, including, but not limited to,

16 any cost, assessment, fine, or fee. An outstanding

17 legal financial obligation does not include any court

18 ordered restitution to a victim under Section 5-5-6 of

19 the Unified Code of Corrections, unless the

20 restitution has been converted to a civil judgment.

21 Nothing in this subparagraph (C) waives, rescinds, or

22 abrogates a legal financial obligation or otherwise

23 eliminates or affects the right of the holder of any

24 financial obligation to pursue collection under

25 applicable federal, State, or local law.

26 (D) Notwithstanding any other provision of law,

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1 the court shall not deny a petition to expunge or seal

2 under this Section because the petitioner has

3 submitted a drug test taken within 30 days before the

4 filing of the petition to expunge or seal that

5 indicates a positive test for the presence of cannabis

6 within the petitioner's body. In this subparagraph

7 (D), "cannabis" has the meaning ascribed to it in

8 Section 3 of the Cannabis Control Act.

9 (7) Hearings. If an objection is filed, the court

10 shall set a date for a hearing and notify the petitioner

11 and all parties entitled to notice of the petition of the

12 hearing date at least 30 days prior to the hearing. Prior

13 to the hearing, the State's Attorney shall consult with

14 the Illinois State Police as to the appropriateness of the

15 relief sought in the petition to expunge or seal. At the

16 hearing, the court shall hear evidence on whether the

17 petition should or should not be granted, and shall grant

18 or deny the petition to expunge or seal the records based

19 on the evidence presented at the hearing. The court may

20 consider the following:

21 (A) the strength of the evidence supporting the

22 defendant's conviction;

23 (B) the reasons for retention of the conviction

24 records by the State;

25 (C) the petitioner's age, criminal record history,

26 and employment history;

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1 (D) the period of time between the petitioner's

2 arrest on the charge resulting in the conviction and

3 the filing of the petition under this Section; and

4 (E) the specific adverse consequences the

5 petitioner may be subject to if the petition is

6 denied.

7 (8) Service of order. After entering an order to

8 expunge or seal records, the court must provide copies of

9 the order to the Illinois State Police, in a form and

10 manner prescribed by the Illinois State Police, to the

11 petitioner, to the State's Attorney or prosecutor charged

12 with the duty of prosecuting the offense, to the arresting

13 agency, to the chief legal officer of the unit of local

14 government effecting the arrest, and to such other

15 criminal justice agencies as may be ordered by the court.

16 (9) Implementation of order.

17 (A) Upon entry of an order to expunge records

18 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or

19 both:

20 (i) the records shall be expunged (as defined

21 in subsection (a)(1)(E)) by the arresting agency,

22 the Illinois State Police, and any other agency as

23 ordered by the court, within 60 days of the date of

24 service of the order, unless a motion to vacate,

25 modify, or reconsider the order is filed pursuant

26 to paragraph (12) of subsection (d) of this

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1 Section;

2 (ii) the records of the circuit court clerk

3 shall be impounded until further order of the

4 court upon good cause shown and the name of the

5 petitioner obliterated on the official index

6 required to be kept by the circuit court clerk

7 under Section 16 of the Clerks of Courts Act, but

8 the order shall not affect any index issued by the

9 circuit court clerk before the entry of the order;

10 and

11 (iii) in response to an inquiry for expunged

12 records, the court, the Illinois State Police, or

13 the agency receiving such inquiry, shall reply as

14 it does in response to inquiries when no records

15 ever existed.

16 (B) Upon entry of an order to expunge records

17 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or

18 both:

19 (i) the records shall be expunged (as defined

20 in subsection (a)(1)(E)) by the arresting agency

21 and any other agency as ordered by the court,

22 within 60 days of the date of service of the order,

23 unless a motion to vacate, modify, or reconsider

24 the order is filed pursuant to paragraph (12) of

25 subsection (d) of this Section;

26 (ii) the records of the circuit court clerk

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1 shall be impounded until further order of the

2 court upon good cause shown and the name of the

3 petitioner obliterated on the official index

4 required to be kept by the circuit court clerk

5 under Section 16 of the Clerks of Courts Act, but

6 the order shall not affect any index issued by the

7 circuit court clerk before the entry of the order;

8 (iii) the records shall be impounded by the

9 Illinois State Police within 60 days of the date

10 of service of the order as ordered by the court,

11 unless a motion to vacate, modify, or reconsider

12 the order is filed pursuant to paragraph (12) of

13 subsection (d) of this Section;

14 (iv) records impounded by the Illinois State

15 Police may be disseminated by the Illinois State

16 Police only as required by law or to the arresting

17 authority, the State's Attorney, and the court

18 upon a later arrest for the same or a similar

19 offense or for the purpose of sentencing for any

20 subsequent felony, and to the Department of

21 Corrections upon conviction for any offense; and

22 (v) in response to an inquiry for such records

23 from anyone not authorized by law to access such

24 records, the court, the Illinois State Police, or

25 the agency receiving such inquiry shall reply as

26 it does in response to inquiries when no records

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1 ever existed.

2 (B-5) Upon entry of an order to expunge records

3 under subsection (e-6):

4 (i) the records shall be expunged (as defined

5 in subsection (a)(1)(E)) by the arresting agency

6 and any other agency as ordered by the court,

7 within 60 days of the date of service of the order,

8 unless a motion to vacate, modify, or reconsider

9 the order is filed under paragraph (12) of

10 subsection (d) of this Section;

11 (ii) the records of the circuit court clerk

12 shall be impounded until further order of the

13 court upon good cause shown and the name of the

14 petitioner obliterated on the official index

15 required to be kept by the circuit court clerk

16 under Section 16 of the Clerks of Courts Act, but

17 the order shall not affect any index issued by the

18 circuit court clerk before the entry of the order;

19 (iii) the records shall be impounded by the

20 Illinois State Police within 60 days of the date

21 of service of the order as ordered by the court,

22 unless a motion to vacate, modify, or reconsider

23 the order is filed under paragraph (12) of

24 subsection (d) of this Section;

25 (iv) records impounded by the Illinois State

26 Police may be disseminated by the Illinois State

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1 Police only as required by law or to the arresting

2 authority, the State's Attorney, and the court

3 upon a later arrest for the same or a similar

4 offense or for the purpose of sentencing for any

5 subsequent felony, and to the Department of

6 Corrections upon conviction for any offense; and

7 (v) in response to an inquiry for these

8 records from anyone not authorized by law to

9 access the records, the court, the Illinois State

10 Police, or the agency receiving the inquiry shall

11 reply as it does in response to inquiries when no

12 records ever existed.

13 (C) Upon entry of an order to seal records under

14 subsection (c), the arresting agency, any other agency

15 as ordered by the court, the Illinois State Police,

16 and the court shall seal the records (as defined in

17 subsection (a)(1)(K)). In response to an inquiry for

18 such records, from anyone not authorized by law to

19 access such records, the court, the Illinois State

20 Police, or the agency receiving such inquiry shall

21 reply as it does in response to inquiries when no

22 records ever existed.

23 (D) The Illinois State Police shall send written

24 notice to the petitioner of its compliance with each

25 order to expunge or seal records within 60 days of the

26 date of service of that order or, if a motion to

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1 vacate, modify, or reconsider is filed, within 60 days

2 of service of the order resolving the motion, if that

3 order requires the Illinois State Police to expunge or

4 seal records. In the event of an appeal from the

5 circuit court order, the Illinois State Police shall

6 send written notice to the petitioner of its

7 compliance with an Appellate Court or Supreme Court

8 judgment to expunge or seal records within 60 days of

9 the issuance of the court's mandate. The notice is not

10 required while any motion to vacate, modify, or

11 reconsider, or any appeal or petition for

12 discretionary appellate review, is pending.

13 (E) Upon motion, the court may order that a sealed

14 judgment or other court record necessary to

15 demonstrate the amount of any legal financial

16 obligation due and owing be made available for the

17 limited purpose of collecting any legal financial

18 obligations owed by the petitioner that were

19 established, imposed, or originated in the criminal

20 proceeding for which those records have been sealed.

21 The records made available under this subparagraph (E)

22 shall not be entered into the official index required

23 to be kept by the circuit court clerk under Section 16

24 of the Clerks of Courts Act and shall be immediately

25 re-impounded upon the collection of the outstanding

26 financial obligations.

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1 (F) Notwithstanding any other provision of this

2 Section, a circuit court clerk may access a sealed

3 record for the limited purpose of collecting payment

4 for any legal financial obligations that were

5 established, imposed, or originated in the criminal

6 proceedings for which those records have been sealed.

7 (10) Fees. The Illinois State Police may charge the

8 petitioner a fee equivalent to the cost of processing any

9 order to expunge or seal records. Notwithstanding any

10 provision of the Clerks of Courts Act to the contrary, the

11 circuit court clerk may charge a fee equivalent to the

12 cost associated with the sealing or expungement of records

13 by the circuit court clerk. From the total filing fee

14 collected for the petition to seal or expunge, the circuit

15 court clerk shall deposit $10 into the Circuit Court Clerk

16 Operation and Administrative Fund, to be used to offset

17 the costs incurred by the circuit court clerk in

18 performing the additional duties required to serve the

19 petition to seal or expunge on all parties. The circuit

20 court clerk shall collect and remit the Illinois State

21 Police portion of the fee to the State Treasurer and it

22 shall be deposited in the State Police Services Fund. If

23 the record brought under an expungement petition was

24 previously sealed under this Section, the fee for the

25 expungement petition for that same record shall be waived.

26 (11) Final Order. No court order issued under the

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1 expungement or sealing provisions of this Section shall

2 become final for purposes of appeal until 30 days after

3 service of the order on the petitioner and all parties

4 entitled to notice of the petition.

5 (12) Motion to Vacate, Modify, or Reconsider. Under

6 Section 2-1203 of the Code of Civil Procedure, the

7 petitioner or any party entitled to notice may file a

8 motion to vacate, modify, or reconsider the order granting

9 or denying the petition to expunge or seal within 60 days

10 of service of the order. If filed more than 60 days after

11 service of the order, a petition to vacate, modify, or

12 reconsider shall comply with subsection (c) of Section

13 2-1401 of the Code of Civil Procedure. Upon filing of a

14 motion to vacate, modify, or reconsider, notice of the

15 motion shall be served upon the petitioner and all parties

16 entitled to notice of the petition.

17 (13) Effect of Order. An order granting a petition

18 under the expungement or sealing provisions of this

19 Section shall not be considered void because it fails to

20 comply with the provisions of this Section or because of

21 any error asserted in a motion to vacate, modify, or

22 reconsider. The circuit court retains jurisdiction to

23 determine whether the order is voidable and to vacate,

24 modify, or reconsider its terms based on a motion filed

25 under paragraph (12) of this subsection (d).

26 (14) Compliance with Order Granting Petition to Seal

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1 Records. Unless a court has entered a stay of an order

2 granting a petition to seal, all parties entitled to

3 notice of the petition must fully comply with the terms of

4 the order within 60 days of service of the order even if a

5 party is seeking relief from the order through a motion

6 filed under paragraph (12) of this subsection (d) or is

7 appealing the order.

8 (15) Compliance with Order Granting Petition to

9 Expunge Records. While a party is seeking relief from the

10 order granting the petition to expunge through a motion

11 filed under paragraph (12) of this subsection (d) or is

12 appealing the order, and unless a court has entered a stay

13 of that order, the parties entitled to notice of the

14 petition must seal, but need not expunge, the records

15 until there is a final order on the motion for relief or,

16 in the case of an appeal, the issuance of that court's

17 mandate.

18 (16) The changes to this subsection (d) made by Public

19 Act 98-163 apply to all petitions pending on August 5,

20 2013 (the effective date of Public Act 98-163) and to all

21 orders ruling on a petition to expunge or seal on or after

22 August 5, 2013 (the effective date of Public Act 98-163).

23 (e) Whenever a person who has been convicted of an offense

24 is granted a pardon by the Governor which specifically

25 authorizes expungement, he or she may, upon verified petition

26 to the Chief Judge of the circuit where the person had been

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1 convicted, any judge of the circuit designated by the Chief

2 Judge, or in counties of less than 3,000,000 inhabitants, the

3 presiding trial judge at the defendant's trial, have a court

4 order entered expunging the record of arrest from the official

5 records of the arresting authority and order that the records

6 of the circuit court clerk and the Illinois State Police be

7 sealed until further order of the court upon good cause shown

8 or as otherwise provided herein, and the name of the defendant

9 obliterated from the official index requested to be kept by

10 the circuit court clerk under Section 16 of the Clerks of

11 Courts Act in connection with the arrest and conviction for

12 the offense for which he or she had been pardoned but the order

13 shall not affect any index issued by the circuit court clerk

14 before the entry of the order. All records sealed by the

15 Illinois State Police may be disseminated by the Illinois

16 State Police only to the arresting authority, the State's

17 Attorney, and the court upon a later arrest for the same or

18 similar offense or for the purpose of sentencing for any

19 subsequent felony. Upon conviction for any subsequent offense,

20 the Department of Corrections shall have access to all sealed

21 records of the Illinois State Police pertaining to that

22 individual. Upon entry of the order of expungement, the

23 circuit court clerk shall promptly mail a copy of the order to

24 the person who was pardoned.

25 (e-5) Whenever a person who has been convicted of an

26 offense is granted a certificate of eligibility for sealing by

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1 the Prisoner Review Board which specifically authorizes

2 sealing, he or she may, upon verified petition to the Chief

3 Judge of the circuit where the person had been convicted, any

4 judge of the circuit designated by the Chief Judge, or in

5 counties of less than 3,000,000 inhabitants, the presiding

6 trial judge at the petitioner's trial, have a court order

7 entered sealing the record of arrest from the official records

8 of the arresting authority and order that the records of the

9 circuit court clerk and the Illinois State Police be sealed

10 until further order of the court upon good cause shown or as

11 otherwise provided herein, and the name of the petitioner

12 obliterated from the official index requested to be kept by

13 the circuit court clerk under Section 16 of the Clerks of

14 Courts Act in connection with the arrest and conviction for

15 the offense for which he or she had been granted the

16 certificate but the order shall not affect any index issued by

17 the circuit court clerk before the entry of the order. All

18 records sealed by the Illinois State Police may be

19 disseminated by the Illinois State Police only as required by

20 this Act or to the arresting authority, a law enforcement

21 agency, the State's Attorney, and the court upon a later

22 arrest for the same or similar offense or for the purpose of

23 sentencing for any subsequent felony. Upon conviction for any

24 subsequent offense, the Department of Corrections shall have

25 access to all sealed records of the Illinois State Police

26 pertaining to that individual. Upon entry of the order of

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1 sealing, the circuit court clerk shall promptly mail a copy of

2 the order to the person who was granted the certificate of

3 eligibility for sealing.

4 (e-6) Whenever a person who has been convicted of an

5 offense is granted a certificate of eligibility for

6 expungement by the Prisoner Review Board which specifically

7 authorizes expungement, he or she may, upon verified petition

8 to the Chief Judge of the circuit where the person had been

9 convicted, any judge of the circuit designated by the Chief

10 Judge, or in counties of less than 3,000,000 inhabitants, the

11 presiding trial judge at the petitioner's trial, have a court

12 order entered expunging the record of arrest from the official

13 records of the arresting authority and order that the records

14 of the circuit court clerk and the Illinois State Police be

15 sealed until further order of the court upon good cause shown

16 or as otherwise provided herein, and the name of the

17 petitioner obliterated from the official index requested to be

18 kept by the circuit court clerk under Section 16 of the Clerks

19 of Courts Act in connection with the arrest and conviction for

20 the offense for which he or she had been granted the

21 certificate but the order shall not affect any index issued by

22 the circuit court clerk before the entry of the order. All

23 records sealed by the Illinois State Police may be

24 disseminated by the Illinois State Police only as required by

25 this Act or to the arresting authority, a law enforcement

26 agency, the State's Attorney, and the court upon a later

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1 arrest for the same or similar offense or for the purpose of

2 sentencing for any subsequent felony. Upon conviction for any

3 subsequent offense, the Department of Corrections shall have

4 access to all expunged records of the Illinois State Police

5 pertaining to that individual. Upon entry of the order of

6 expungement, the circuit court clerk shall promptly mail a

7 copy of the order to the person who was granted the certificate

8 of eligibility for expungement.

9 (f) Subject to available funding, the Illinois Department

10 of Corrections shall conduct a study of the impact of sealing,

11 especially on employment and recidivism rates, utilizing a

12 random sample of those who apply for the sealing of their

13 criminal records under Public Act 93-211. At the request of

14 the Illinois Department of Corrections, records of the

15 Illinois Department of Employment Security shall be utilized

16 as appropriate to assist in the study. The study shall not

17 disclose any data in a manner that would allow the

18 identification of any particular individual or employing unit.

19 The study shall be made available to the General Assembly no

20 later than September 1, 2010.

21 (g) Immediate Sealing.

22 (1) Applicability. Notwithstanding any other provision

23 of this Act to the contrary, and cumulative with any

24 rights to expungement or sealing of criminal records, this

25 subsection authorizes the immediate sealing of criminal

26 records of adults and of minors prosecuted as adults.

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1 (2) Eligible Records. Arrests or charges not initiated

2 by arrest resulting in acquittal or dismissal with

3 prejudice, except as excluded by subsection (a)(3)(B),

4 that occur on or after January 1, 2018 (the effective date

5 of Public Act 100-282), may be sealed immediately if the

6 petition is filed with the circuit court clerk on the same

7 day and during the same hearing in which the case is

8 disposed.

9 (3) When Records are Eligible to be Immediately

10 Sealed. Eligible records under paragraph (2) of this

11 subsection (g) may be sealed immediately after entry of

12 the final disposition of a case, notwithstanding the

13 disposition of other charges in the same case.

14 (4) Notice of Eligibility for Immediate Sealing. Upon

15 entry of a disposition for an eligible record under this

16 subsection (g), the defendant shall be informed by the

17 court of his or her right to have eligible records

18 immediately sealed and the procedure for the immediate

19 sealing of these records.

20 (5) Procedure. The following procedures apply to

21 immediate sealing under this subsection (g).

22 (A) Filing the Petition. Upon entry of the final

23 disposition of the case, the defendant's attorney may

24 immediately petition the court, on behalf of the

25 defendant, for immediate sealing of eligible records

26 under paragraph (2) of this subsection (g) that are

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1 entered on or after January 1, 2018 (the effective

2 date of Public Act 100-282). The immediate sealing

3 petition may be filed with the circuit court clerk

4 during the hearing in which the final disposition of

5 the case is entered. If the defendant's attorney does

6 not file the petition for immediate sealing during the

7 hearing, the defendant may file a petition for sealing

8 at any time as authorized under subsection (c)(3)(A).

9 (B) Contents of Petition. The immediate sealing

10 petition shall be verified and shall contain the

11 petitioner's name, date of birth, current address, and

12 for each eligible record, the case number, the date of

13 arrest if applicable, the identity of the arresting

14 authority if applicable, and other information as the

15 court may require.

16 (C) Drug Test. The petitioner shall not be

17 required to attach proof that he or she has passed a

18 drug test.

19 (D) Service of Petition. A copy of the petition

20 shall be served on the State's Attorney in open court.

21 The petitioner shall not be required to serve a copy of

22 the petition on any other agency.

23 (E) Entry of Order. The presiding trial judge

24 shall enter an order granting or denying the petition

25 for immediate sealing during the hearing in which it

26 is filed. Petitions for immediate sealing shall be

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1 ruled on in the same hearing in which the final

2 disposition of the case is entered.

3 (F) Hearings. The court shall hear the petition

4 for immediate sealing on the same day and during the

5 same hearing in which the disposition is rendered.

6 (G) Service of Order. An order to immediately seal

7 eligible records shall be served in conformance with

8 subsection (d)(8).

9 (H) Implementation of Order. An order to

10 immediately seal records shall be implemented in

11 conformance with subsections (d)(9)(C) and (d)(9)(D).

12 (I) Fees. The fee imposed by the circuit court

13 clerk and the Illinois State Police shall comply with

14 paragraph (1) of subsection (d) of this Section.

15 (J) Final Order. No court order issued under this

16 subsection (g) shall become final for purposes of

17 appeal until 30 days after service of the order on the

18 petitioner and all parties entitled to service of the

19 order in conformance with subsection (d)(8).

20 (K) Motion to Vacate, Modify, or Reconsider. Under

21 Section 2-1203 of the Code of Civil Procedure, the

22 petitioner, State's Attorney, or the Illinois State

23 Police may file a motion to vacate, modify, or

24 reconsider the order denying the petition to

25 immediately seal within 60 days of service of the

26 order. If filed more than 60 days after service of the

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1 order, a petition to vacate, modify, or reconsider

2 shall comply with subsection (c) of Section 2-1401 of

3 the Code of Civil Procedure.

4 (L) Effect of Order. An order granting an

5 immediate sealing petition shall not be considered

6 void because it fails to comply with the provisions of

7 this Section or because of an error asserted in a

8 motion to vacate, modify, or reconsider. The circuit

9 court retains jurisdiction to determine whether the

10 order is voidable, and to vacate, modify, or

11 reconsider its terms based on a motion filed under

12 subparagraph (L) of this subsection (g).

13 (M) Compliance with Order Granting Petition to

14 Seal Records. Unless a court has entered a stay of an

15 order granting a petition to immediately seal, all

16 parties entitled to service of the order must fully

17 comply with the terms of the order within 60 days of

18 service of the order.

19 (h) Sealing; trafficking victims.

20 (1) A trafficking victim as defined by paragraph (10)

21 of subsection (a) of Section 10-9 of the Criminal Code of

22 2012 shall be eligible to petition for immediate sealing

23 of his or her criminal record upon the completion of his or

24 her last sentence if his or her participation in the

25 underlying offense was a direct result of human

26 trafficking under Section 10-9 of the Criminal Code of

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1 2012 or a severe form of trafficking under the federal

2 Trafficking Victims Protection Act.

3 (2) A petitioner under this subsection (h), in

4 addition to the requirements provided under paragraph (4)

5 of subsection (d) of this Section, shall include in his or

6 her petition a clear and concise statement that: (A) he or

7 she was a victim of human trafficking at the time of the

8 offense; and (B) that his or her participation in the

9 offense was a direct result of human trafficking under

10 Section 10-9 of the Criminal Code of 2012 or a severe form

11 of trafficking under the federal Trafficking Victims

12 Protection Act.

13 (3) If an objection is filed alleging that the

14 petitioner is not entitled to immediate sealing under this

15 subsection (h), the court shall conduct a hearing under

16 paragraph (7) of subsection (d) of this Section and the

17 court shall determine whether the petitioner is entitled

18 to immediate sealing under this subsection (h). A

19 petitioner is eligible for immediate relief under this

20 subsection (h) if he or she shows, by a preponderance of

21 the evidence, that: (A) he or she was a victim of human

22 trafficking at the time of the offense; and (B) that his or

23 her participation in the offense was a direct result of

24 human trafficking under Section 10-9 of the Criminal Code

25 of 2012 or a severe form of trafficking under the federal

26 Trafficking Victims Protection Act.

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1 (i) Minor Cannabis Offenses under the Cannabis Control

2 Act.

3 (1) Expungement of Arrest Records of Minor Cannabis

4 Offenses.

5 (A) The Illinois State Police and all law

6 enforcement agencies within the State shall

7 automatically expunge all criminal history records of

8 an arrest, charge not initiated by arrest, order of

9 supervision, or order of qualified probation for a

10 Minor Cannabis Offense committed prior to June 25,

11 2019 (the effective date of Public Act 101-27) if:

12 (i) One year or more has elapsed since the

13 date of the arrest or law enforcement interaction

14 documented in the records; and

15 (ii) No criminal charges were filed relating

16 to the arrest or law enforcement interaction or

17 criminal charges were filed and subsequently

18 dismissed or vacated or the arrestee was

19 acquitted.

20 (B) If the law enforcement agency is unable to

21 verify satisfaction of condition (ii) in paragraph

22 (A), records that satisfy condition (i) in paragraph

23 (A) shall be automatically expunged.

24 (C) Records shall be expunged by the law

25 enforcement agency under the following timelines:

26 (i) Records created prior to June 25, 2019

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1 (the effective date of Public Act 101-27), but on

2 or after January 1, 2013, shall be automatically

3 expunged prior to January 1, 2021;

4 (ii) Records created prior to January 1, 2013,

5 but on or after January 1, 2000, shall be

6 automatically expunged prior to January 1, 2024

7 ~~2023~~;

8 (iii) Records created prior to January 1, 2000

9 shall be automatically expunged prior to January

10 1, 2026 ~~2025~~.

11 In response to an inquiry for expunged records,

12 the law enforcement agency receiving such inquiry

13 shall reply as it does in response to inquiries when no

14 records ever existed; however, it shall provide a

15 certificate of disposition or confirmation that the

16 record was expunged to the individual whose record was

17 expunged if such a record exists.

18 (D) Nothing in this Section shall be construed to

19 restrict or modify an individual's right to have that

20 individual's records expunged except as otherwise may

21 be provided in this Act, or diminish or abrogate any

22 rights or remedies otherwise available to the

23 individual.

24 (2) Pardons Authorizing Expungement of Minor Cannabis

25 Offenses.

26 (A) Upon June 25, 2019 (the effective date of

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1 Public Act 101-27), the Illinois ~~Department of~~ State

2 Police shall review all criminal history record

3 information and identify all records that meet all of

4 the following criteria:

5 (i) one or more convictions for a Minor

6 Cannabis Offense;

7 (ii) the conviction identified in paragraph

8 (2)(A)(i) did not include a penalty enhancement

9 under Section 7 of the Cannabis Control Act; and

10 (iii) the conviction identified in paragraph

11 (2)(A)(i) is not associated with a conviction for

12 a violent crime as defined in subsection (c) of

13 Section 3 of the Rights of Crime Victims and

14 Witnesses Act.

15 (B) Within 180 days after June 25, 2019 (the

16 effective date of Public Act 101-27), the Department

17 of State Police shall notify the Prisoner Review Board

18 of all such records that meet the criteria established

19 in paragraph (2)(A).

20 (i) The Prisoner Review Board shall notify the

21 State's Attorney of the county of conviction of

22 each record identified by State Police in

23 paragraph (2)(A) that is classified as a Class 4

24 felony. The State's Attorney may provide a written

25 objection to the Prisoner Review Board on the sole

26 basis that the record identified does not meet the

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1 criteria established in paragraph (2)(A). Such an

2 objection must be filed within 60 days or by such

3 later date set by the Prisoner Review Board in the

4 notice after the State's Attorney received notice

5 from the Prisoner Review Board.

6 (ii) In response to a written objection from a

7 State's Attorney, the Prisoner Review Board is

8 authorized to conduct a non-public hearing to

9 evaluate the information provided in the

10 objection.

11 (iii) The Prisoner Review Board shall make a

12 confidential and privileged recommendation to the

13 Governor as to whether to grant a pardon

14 authorizing expungement for each of the records

15 identified by the Illinois ~~Department of~~ State

16 Police as described in paragraph (2)(A).

17 (C) If an individual has been granted a pardon

18 authorizing expungement as described in this Section,

19 the Prisoner Review Board, through the Attorney

20 General, shall file a petition for expungement with

21 the Chief Judge of the circuit or any judge of the

22 circuit designated by the Chief Judge where the

23 individual had been convicted. Such petition may

24 include more than one individual. Whenever an

25 individual who has been convicted of an offense is

26 granted a pardon by the Governor that specifically

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1 authorizes expungement, an objection to the petition

2 may not be filed. Petitions to expunge under this

3 subsection (i) may include more than one individual.

4 Within 90 days of the filing of such a petition, the

5 court shall enter an order expunging the records of

6 arrest from the official records of the arresting

7 authority and order that the records of the circuit

8 court clerk and the Illinois State Police be expunged

9 and the name of the defendant obliterated from the

10 official index requested to be kept by the circuit

11 court clerk under Section 16 of the Clerks of Courts

12 Act in connection with the arrest and conviction for

13 the offense for which the individual had received a

14 pardon but the order shall not affect any index issued

15 by the circuit court clerk before the entry of the

16 order. Upon entry of the order of expungement, the

17 circuit court clerk shall promptly provide a copy of

18 the order and a certificate of disposition to the

19 individual who was pardoned to the individual's last

20 known address or by electronic means (if available) or

21 otherwise make it available to the individual upon

22 request.

23 (D) Nothing in this Section is intended to

24 diminish or abrogate any rights or remedies otherwise

25 available to the individual.

26 (3) Any individual may file a motion to vacate and

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1 expunge a conviction for a misdemeanor or Class 4 felony

2 violation of Section 4 or Section 5 of the Cannabis

3 Control Act. Motions to vacate and expunge under this

4 subsection (i) may be filed with the circuit court, Chief

5 Judge of a judicial circuit or any judge of the circuit

6 designated by the Chief Judge. The circuit court clerk

7 shall promptly serve a copy of the motion to vacate and

8 expunge, and any supporting documentation, on the State's

9 Attorney or prosecutor charged with the duty of

10 prosecuting the offense. When considering such a motion to

11 vacate and expunge, a court shall consider the following:

12 the reasons to retain the records provided by law

13 enforcement, the petitioner's age, the petitioner's age at

14 the time of offense, the time since the conviction, and

15 the specific adverse consequences if denied. An individual

16 may file such a petition after the completion of any

17 non-financial sentence or non-financial condition imposed

18 by the conviction. Within 60 days of the filing of such

19 motion, a State's Attorney may file an objection to such a

20 petition along with supporting evidence. If a motion to

21 vacate and expunge is granted, the records shall be

22 expunged in accordance with subparagraphs (d)(8) and

23 (d)(9)(A) of this Section. An agency providing civil legal

24 aid, as defined by Section 15 of the Public Interest

25 Attorney Assistance Act, assisting individuals seeking to

26 file a motion to vacate and expunge under this subsection

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1 may file motions to vacate and expunge with the Chief

2 Judge of a judicial circuit or any judge of the circuit

3 designated by the Chief Judge, and the motion may include

4 more than one individual. Motions filed by an agency

5 providing civil legal aid concerning more than one

6 individual may be prepared, presented, and signed

7 electronically.

8 (4) Any State's Attorney may file a motion to vacate

9 and expunge a conviction for a misdemeanor or Class 4

10 felony violation of Section 4 or Section 5 of the Cannabis

11 Control Act. Motions to vacate and expunge under this

12 subsection (i) may be filed with the circuit court, Chief

13 Judge of a judicial circuit or any judge of the circuit

14 designated by the Chief Judge, and may include more than

15 one individual. Motions filed by a State's Attorney

16 concerning more than one individual may be prepared,

17 presented, and signed electronically. When considering

18 such a motion to vacate and expunge, a court shall

19 consider the following: the reasons to retain the records

20 provided by law enforcement, the individual's age, the

21 individual's age at the time of offense, the time since

22 the conviction, and the specific adverse consequences if

23 denied. Upon entry of an order granting a motion to vacate

24 and expunge records pursuant to this Section, the State's

25 Attorney shall notify the Prisoner Review Board within 30

26 days. Upon entry of the order of expungement, the circuit

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1 court clerk shall promptly provide a copy of the order and

2 a certificate of disposition to the individual whose

3 records will be expunged to the individual's last known

4 address or by electronic means (if available) or otherwise

5 make available to the individual upon request. If a motion

6 to vacate and expunge is granted, the records shall be

7 expunged in accordance with subparagraphs (d)(8) and

8 (d)(9)(A) of this Section.

9 (5) In the public interest, the State's Attorney of a

10 county has standing to file motions to vacate and expunge

11 pursuant to this Section in the circuit court with

12 jurisdiction over the underlying conviction.

13 (6) If a person is arrested for a Minor Cannabis

14 Offense as defined in this Section before June 25, 2019

15 (the effective date of Public Act 101-27) and the person's

16 case is still pending but a sentence has not been imposed,

17 the person may petition the court in which the charges are

18 pending for an order to summarily dismiss those charges

19 against him or her, and expunge all official records of

20 his or her arrest, plea, trial, conviction, incarceration,

21 supervision, or expungement. If the court determines, upon

22 review, that: (A) the person was arrested before June 25,

23 2019 (the effective date of Public Act 101-27) for an

24 offense that has been made eligible for expungement; (B)

25 the case is pending at the time; and (C) the person has not

26 been sentenced of the minor cannabis violation eligible

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1 for expungement under this subsection, the court shall

2 consider the following: the reasons to retain the records

3 provided by law enforcement, the petitioner's age, the

4 petitioner's age at the time of offense, the time since

5 the conviction, and the specific adverse consequences if

6 denied. If a motion to dismiss and expunge is granted, the

7 records shall be expunged in accordance with subparagraph

8 (d)(9)(A) of this Section.

9 (7) A person imprisoned solely as a result of one or

10 more convictions for Minor Cannabis Offenses under this

11 subsection (i) shall be released from incarceration upon

12 the issuance of an order under this subsection.

13 (8) The Illinois State Police shall allow a person to

14 use the access and review process, established in the

15 Illinois State Police, for verifying that his or her

16 records relating to Minor Cannabis Offenses of the

17 Cannabis Control Act eligible under this Section have been

18 expunged.

19 (9) No conviction vacated pursuant to this Section

20 shall serve as the basis for damages for time unjustly

21 served as provided in the Court of Claims Act.

22 (10) Effect of Expungement. A person's right to

23 expunge an expungeable offense shall not be limited under

24 this Section. The effect of an order of expungement shall

25 be to restore the person to the status he or she occupied

26 before the arrest, charge, or conviction.

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1 (11) Information. The Illinois State Police shall post

2 general information on its website about the expungement

3 process described in this subsection (i).

4 (j) Felony Prostitution Convictions.

5 (1) Any individual may file a motion to vacate and

6 expunge a conviction for a prior Class 4 felony violation

7 of prostitution. Motions to vacate and expunge under this

8 subsection (j) may be filed with the circuit court, Chief

9 Judge of a judicial circuit, or any judge of the circuit

10 designated by the Chief Judge. When considering the motion

11 to vacate and expunge, a court shall consider the

12 following:

13 (A) the reasons to retain the records provided by

14 law enforcement;

15 (B) the petitioner's age;

16 (C) the petitioner's age at the time of offense;

17 and

18 (D) the time since the conviction, and the

19 specific adverse consequences if denied. An individual

20 may file the petition after the completion of any

21 sentence or condition imposed by the conviction.

22 Within 60 days of the filing of the motion, a State's

23 Attorney may file an objection to the petition along

24 with supporting evidence. If a motion to vacate and

25 expunge is granted, the records shall be expunged in

26 accordance with subparagraph (d)(9)(A) of this

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1 Section. An agency providing civil legal aid, as

2 defined in Section 15 of the Public Interest Attorney

3 Assistance Act, assisting individuals seeking to file

4 a motion to vacate and expunge under this subsection

5 may file motions to vacate and expunge with the Chief

6 Judge of a judicial circuit or any judge of the circuit

7 designated by the Chief Judge, and the motion may

8 include more than one individual.

9 (2) Any State's Attorney may file a motion to vacate

10 and expunge a conviction for a Class 4 felony violation of

11 prostitution. Motions to vacate and expunge under this

12 subsection (j) may be filed with the circuit court, Chief

13 Judge of a judicial circuit, or any judge of the circuit

14 court designated by the Chief Judge, and may include more

15 than one individual. When considering the motion to vacate

16 and expunge, a court shall consider the following reasons:

17 (A) the reasons to retain the records provided by

18 law enforcement;

19 (B) the petitioner's age;

20 (C) the petitioner's age at the time of offense;

21 (D) the time since the conviction; and

22 (E) the specific adverse consequences if denied.

23 If the State's Attorney files a motion to vacate and

24 expunge records for felony prostitution convictions

25 pursuant to this Section, the State's Attorney shall

26 notify the Prisoner Review Board within 30 days of the

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1 filing. If a motion to vacate and expunge is granted, the

2 records shall be expunged in accordance with subparagraph

3 (d)(9)(A) of this Section.

4 (3) In the public interest, the State's Attorney of a

5 county has standing to file motions to vacate and expunge

6 pursuant to this Section in the circuit court with

7 jurisdiction over the underlying conviction.

8 (4) The Illinois State Police shall allow a person to

9 a use the access and review process, established in the

10 Illinois State Police, for verifying that his or her

11 records relating to felony prostitution eligible under

12 this Section have been expunged.

13 (5) No conviction vacated pursuant to this Section

14 shall serve as the basis for damages for time unjustly

15 served as provided in the Court of Claims Act.

16 (6) Effect of Expungement. A person's right to expunge

17 an expungeable offense shall not be limited under this

18 Section. The effect of an order of expungement shall be to

19 restore the person to the status he or she occupied before

20 the arrest, charge, or conviction.

21 (7) Information. The Illinois State Police shall post

22 general information on its website about the expungement

23 process described in this subsection (j).

24 (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;

25 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.

26 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;

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1 102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.

2 5-13-22; 102-933, eff. 1-1-23; revised 8-19-22.)

3 Section 550. The State Finance Act is amended by adding

4 Sections 5.990 and 5.991 as follows:

5 (30 ILCS 105/5.990 new)

6 Sec. 5.990. The Psilocybin Control and Regulation Fund.

7 (30 ILCS 105/5.991 new)

8 Sec. 5.991. The Illinois Psilocybin Fund.

9 Section 555. The Illinois Independent Tax Tribunal Act of

10 2012 is amended by changing Section 1-45 as follows:

11 (35 ILCS 1010/1-45)

12 Sec. 1-45. Jurisdiction of the Tax Tribunal.

13 (a) Except as provided by the Constitution of the United

14 States, the Constitution of the State of Illinois, or any

15 statutes of this State, including, but not limited to, the

16 State Officers and Employees Money Disposition Act, the Tax

17 Tribunal shall have original jurisdiction over all

18 determinations of the Department reflected on a Notice of

19 Deficiency, Notice of Tax Liability, Notice of Claim Denial,

20 or Notice of Penalty Liability issued under the Illinois

21 Income Tax Act, the Use Tax Act, the Service Use Tax Act, the

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1 Service Occupation Tax Act, the Retailers' Occupation Tax Act,

2 the Cigarette Tax Act, the Cigarette Use Tax Act, the Tobacco

3 Products Tax Act of 1995, the Hotel Operators' Occupation Tax

4 Act, the Motor Fuel Tax Law, the Automobile Renting Occupation

5 and Use Tax Act, the Coin-Operated Amusement Device and

6 Redemption Machine Tax Act, the Gas Revenue Tax Act, the Water

7 Company Invested Capital Tax Act, the Telecommunications

8 Excise Tax Act, the Telecommunications Infrastructure

9 Maintenance Fee Act, the Public Utilities Revenue Act, the

10 Electricity Excise Tax Law, the Aircraft Use Tax Law, the

11 Watercraft Use Tax Law, the Gas Use Tax Law, ~~or~~ the Uniform

12 Penalty and Interest Act, or the Compassionate Use and

13 Research of Entheogens Act. Jurisdiction of the Tax Tribunal

14 is limited to Notices of Tax Liability, Notices of Deficiency,

15 Notices of Claim Denial, and Notices of Penalty Liability

16 where the amount at issue in a notice, or the aggregate amount

17 at issue in multiple notices issued for the same tax year or

18 audit period, exceeds $15,000, exclusive of penalties and

19 interest. In notices solely asserting either an interest or

20 penalty assessment, or both, the Tax Tribunal shall have

21 jurisdiction over cases where the combined total of all

22 penalties or interest assessed exceeds $15,000.

23 (b) Except as otherwise permitted by this Act and by the

24 Constitution of the State of Illinois or otherwise by State

25 law, including, but not limited to, the State Officers and

26 Employees Money Disposition Act, no person shall contest any

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1 matter within the jurisdiction of the Tax Tribunal in any

2 action, suit, or proceeding in the circuit court or any other

3 court of the State. If a person attempts to do so, then such

4 action, suit, or proceeding shall be dismissed without

5 prejudice. The improper commencement of any action, suit, or

6 proceeding does not extend the time period for commencing a

7 proceeding in the Tax Tribunal.

8 (c) The Tax Tribunal may require the taxpayer to post a

9 bond equal to 25% of the liability at issue (1) upon motion of

10 the Department and a showing that (A) the taxpayer's action is

11 frivolous or legally insufficient or (B) the taxpayer is

12 acting primarily for the purpose of delaying the collection of

13 tax or prejudicing the ability ultimately to collect the tax,

14 or (2) if, at any time during the proceedings, it is determined

15 by the Tax Tribunal that the taxpayer is not pursuing the

16 resolution of the case with due diligence. If the Tax Tribunal

17 finds in a particular case that the taxpayer cannot procure

18 and furnish a satisfactory surety or sureties for the kind of

19 bond required herein, the Tax Tribunal may relieve the

20 taxpayer of the obligation of filing such bond, if, upon the

21 timely application for a lien in lieu thereof and accompanying

22 proof therein submitted, the Tax Tribunal is satisfied that

23 any such lien imposed would operate to secure the assessment

24 in the manner and to the degree as would a bond. The Tax

25 Tribunal shall adopt rules for the procedures to be used in

26 securing a bond or lien under this Section.

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1 (d) If, with or after the filing of a timely petition, the

2 taxpayer pays all or part of the tax or other amount in issue

3 before the Tax Tribunal has rendered a decision, the Tax

4 Tribunal shall treat the taxpayer's petition as a protest of a

5 denial of claim for refund of the amount so paid upon a written

6 motion filed by the taxpayer.

7 (e) The Tax Tribunal shall not have jurisdiction to

8 review:

9 (1) any assessment made under the Property Tax Code;

10 (2) any decisions relating to the issuance or denial

11 of an exemption ruling for any entity claiming exemption

12 from any tax imposed under the Property Tax Code or any

13 State tax administered by the Department;

14 (3) a notice of proposed tax liability, notice of

15 proposed deficiency, or any other notice of proposed

16 assessment or notice of intent to take some action;

17 (4) any action or determination of the Department

18 regarding tax liabilities that have become finalized by

19 law, including but not limited to the issuance of liens,

20 levies, and revocations, suspensions, or denials of

21 licenses or certificates of registration or any other

22 collection activities;

23 (5) any proceedings of the Department's informal

24 administrative appeals function; and

25 (6) any challenge to an administrative subpoena issued

26 by the Department.

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1 (f) The Tax Tribunal shall decide questions regarding the

2 constitutionality of statutes and rules adopted by the

3 Department as applied to the taxpayer, but shall not have the

4 power to declare a statute or rule unconstitutional or

5 otherwise invalid on its face. A taxpayer challenging the

6 constitutionality of a statute or rule on its face may present

7 such challenge to the Tax Tribunal for the sole purpose of

8 making a record for review by the Illinois Appellate Court.

9 Failure to raise a constitutional issue regarding the

10 application of a statute or regulations to the taxpayer shall

11 not preclude the taxpayer or the Department from raising those

12 issues at the appellate court level.

13 (Source: P.A. 97-1129, eff. 8-28-12; 98-463, eff. 8-16-13.)

14 Section 560. The Illinois Controlled Substances Act is

15 amended by changing Sections 102 and 204 as follows:

16 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)

17 Sec. 102. Definitions. As used in this Act, unless the

18 context otherwise requires:

19 (a) "Addict" means any person who habitually uses any

20 drug, chemical, substance or dangerous drug other than alcohol

21 so as to endanger the public morals, health, safety or welfare

22 or who is so far addicted to the use of a dangerous drug or

23 controlled substance other than alcohol as to have lost the

24 power of self control with reference to his or her addiction.

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1 (b) "Administer" means the direct application of a

2 controlled substance, whether by injection, inhalation,

3 ingestion, or any other means, to the body of a patient,

4 research subject, or animal (as defined by the Humane

5 Euthanasia in Animal Shelters Act) by:

6 (1) a practitioner (or, in his or her presence, by his

7 or her authorized agent),

8 (2) the patient or research subject pursuant to an

9 order, or

10 (3) a euthanasia technician as defined by the Humane

11 Euthanasia in Animal Shelters Act.

12 (c) "Agent" means an authorized person who acts on behalf

13 of or at the direction of a manufacturer, distributor,

14 dispenser, prescriber, or practitioner. It does not include a

15 common or contract carrier, public warehouseman or employee of

16 the carrier or warehouseman.

17 (c-1) "Anabolic Steroids" means any drug or hormonal

18 substance, chemically and pharmacologically related to

19 testosterone (other than estrogens, progestins,

20 corticosteroids, and dehydroepiandrosterone), and includes:

21 (i) 3[beta],17-dihydroxy-5a-androstane,

22 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,

23 (iii) 5[alpha]-androstan-3,17-dione,

24 (iv) 1-androstenediol (3[beta],

25 17[beta]-dihydroxy-5[alpha]-androst-1-ene),

26 (v) 1-androstenediol (3[alpha],

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1 17[beta]-dihydroxy-5[alpha]-androst-1-ene),

2 (vi) 4-androstenediol

3 (3[beta],17[beta]-dihydroxy-androst-4-ene),

4 (vii) 5-androstenediol

5 (3[beta],17[beta]-dihydroxy-androst-5-ene),

6 (viii) 1-androstenedione

7 ([5alpha]-androst-1-en-3,17-dione),

8 (ix) 4-androstenedione

9 (androst-4-en-3,17-dione),

10 (x) 5-androstenedione

11 (androst-5-en-3,17-dione),

12 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-

13 hydroxyandrost-4-en-3-one),

14 (xii) boldenone (17[beta]-hydroxyandrost-

15 1,4,-diene-3-one),

16 (xiii) boldione (androsta-1,4-

17 diene-3,17-dione),

18 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17

19 [beta]-hydroxyandrost-4-en-3-one),

20 (xv) clostebol (4-chloro-17[beta]-

21 hydroxyandrost-4-en-3-one),

22 (xvi) dehydrochloromethyltestosterone (4-chloro-

23 17[beta]-hydroxy-17[alpha]-methyl-

24 androst-1,4-dien-3-one),

25 (xvii) desoxymethyltestosterone

26 (17[alpha]-methyl-5[alpha]

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1 -androst-2-en-17[beta]-ol)(a.k.a., madol),

2 (xviii) [delta]1-dihydrotestosterone (a.k.a.

3 '1-testosterone') (17[beta]-hydroxy-

4 5[alpha]-androst-1-en-3-one),

5 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-

6 androstan-3-one),

7 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-

8 5[alpha]-androstan-3-one),

9 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-

10 hydroxyestr-4-ene),

11 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-

12 1[beta],17[beta]-dihydroxyandrost-4-en-3-one),

13 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],

14 17[beta]-dihydroxyandrost-1,4-dien-3-one),

15 (xxiv) furazabol (17[alpha]-methyl-17[beta]-

16 hydroxyandrostano[2,3-c]-furazan),

17 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,

18 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-

19 androst-4-en-3-one),

20 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-

21 dihydroxy-estr-4-en-3-one),

22 (xxviii) mestanolone (17[alpha]-methyl-17[beta]-

23 hydroxy-5-androstan-3-one),

24 (xxix) mesterolone (1amethyl-17[beta]-hydroxy-

25 [5a]-androstan-3-one),

26 (xxx) methandienone (17[alpha]-methyl-17[beta]-

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1 hydroxyandrost-1,4-dien-3-one),

2 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-

3 dihydroxyandrost-5-ene),

4 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-

5 5[alpha]-androst-1-en-3-one),

6 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-

7 dihydroxy-5a-androstane,

8 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy

9 -5a-androstane,

10 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-

11 dihydroxyandrost-4-ene),

12 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-

13 methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),

14 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-

15 hydroxyestra-4,9(10)-dien-3-one),

16 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-

17 hydroxyestra-4,9-11-trien-3-one),

18 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-

19 hydroxyandrost-4-en-3-one),

20 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-

21 hydroxyestr-4-en-3-one),

22 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone

23 (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-

24 androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-

25 1-testosterone'),

26 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),

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1 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-

2 dihydroxyestr-4-ene),

3 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-

4 dihydroxyestr-4-ene),

5 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-

6 dihydroxyestr-5-ene),

7 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-

8 dihydroxyestr-5-ene),

9 (xlvii) 19-nor-4,9(10)-androstadienedione

10 (estra-4,9(10)-diene-3,17-dione),

11 (xlviii) 19-nor-4-androstenedione (estr-4-

12 en-3,17-dione),

13 (xlix) 19-nor-5-androstenedione (estr-5-

14 en-3,17-dione),

15 (l) norbolethone (13[beta], 17a-diethyl-17[beta]-

16 hydroxygon-4-en-3-one),

17 (li) norclostebol (4-chloro-17[beta]-

18 hydroxyestr-4-en-3-one),

19 (lii) norethandrolone (17[alpha]-ethyl-17[beta]-

20 hydroxyestr-4-en-3-one),

21 (liii) normethandrolone (17[alpha]-methyl-17[beta]-

22 hydroxyestr-4-en-3-one),

23 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-

24 2-oxa-5[alpha]-androstan-3-one),

25 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]-

26 dihydroxyandrost-4-en-3-one),

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1 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-

2 17[beta]-hydroxy-(5[alpha]-androstan-3-one),

3 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-

4 (5[alpha]-androst-2-eno[3,2-c]-pyrazole),

5 (lviii) stenbolone (17[beta]-hydroxy-2-methyl-

6 (5[alpha]-androst-1-en-3-one),

7 (lix) testolactone (13-hydroxy-3-oxo-13,17-

8 secoandrosta-1,4-dien-17-oic

9 acid lactone),

10 (lx) testosterone (17[beta]-hydroxyandrost-

11 4-en-3-one),

12 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-

13 diethyl-17[beta]-hydroxygon-

14 4,9,11-trien-3-one),

15 (lxii) trenbolone (17[beta]-hydroxyestr-4,9,

16 11-trien-3-one).

17 Any person who is otherwise lawfully in possession of an

18 anabolic steroid, or who otherwise lawfully manufactures,

19 distributes, dispenses, delivers, or possesses with intent to

20 deliver an anabolic steroid, which anabolic steroid is

21 expressly intended for and lawfully allowed to be administered

22 through implants to livestock or other nonhuman species, and

23 which is approved by the Secretary of Health and Human

24 Services for such administration, and which the person intends

25 to administer or have administered through such implants,

26 shall not be considered to be in unauthorized possession or to

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1 unlawfully manufacture, distribute, dispense, deliver, or

2 possess with intent to deliver such anabolic steroid for

3 purposes of this Act.

4 (d) "Administration" means the Drug Enforcement

5 Administration, United States Department of Justice, or its

6 successor agency.

7 (d-5) "Clinical Director, Prescription Monitoring Program"

8 means a Department of Human Services administrative employee

9 licensed to either prescribe or dispense controlled substances

10 who shall run the clinical aspects of the Department of Human

11 Services Prescription Monitoring Program and its Prescription

12 Information Library.

13 (d-10) "Compounding" means the preparation and mixing of

14 components, excluding flavorings, (1) as the result of a

15 prescriber's prescription drug order or initiative based on

16 the prescriber-patient-pharmacist relationship in the course

17 of professional practice or (2) for the purpose of, or

18 incident to, research, teaching, or chemical analysis and not

19 for sale or dispensing. "Compounding" includes the preparation

20 of drugs or devices in anticipation of receiving prescription

21 drug orders based on routine, regularly observed dispensing

22 patterns. Commercially available products may be compounded

23 for dispensing to individual patients only if both of the

24 following conditions are met: (i) the commercial product is

25 not reasonably available from normal distribution channels in

26 a timely manner to meet the patient's needs and (ii) the

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1 prescribing practitioner has requested that the drug be

2 compounded.

3 (e) "Control" means to add a drug or other substance, or

4 immediate precursor, to a Schedule whether by transfer from

5 another Schedule or otherwise.

6 (f) "Controlled Substance" means (i) a drug, substance,

7 immediate precursor, or synthetic drug in the Schedules of

8 Article II of this Act or (ii) a drug or other substance, or

9 immediate precursor, designated as a controlled substance by

10 the Department through administrative rule. The term does not

11 include: distilled spirits, wine, malt beverages, or tobacco,

12 as those terms are defined or used in the Liquor Control Act of

13 1934 and the Tobacco Products Tax Act of 1995; or psilocybin or

14 a psilocybin product, as those terms are defined or used in the

15 Compassionate Use and Research of Entheogens Act.

16 (f-5) "Controlled substance analog" means a substance:

17 (1) the chemical structure of which is substantially

18 similar to the chemical structure of a controlled

19 substance in Schedule I or II;

20 (2) which has a stimulant, depressant, or

21 hallucinogenic effect on the central nervous system that

22 is substantially similar to or greater than the stimulant,

23 depressant, or hallucinogenic effect on the central

24 nervous system of a controlled substance in Schedule I or

25 II; or

26 (3) with respect to a particular person, which such

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1 person represents or intends to have a stimulant,

2 depressant, or hallucinogenic effect on the central

3 nervous system that is substantially similar to or greater

4 than the stimulant, depressant, or hallucinogenic effect

5 on the central nervous system of a controlled substance in

6 Schedule I or II.

7 (g) "Counterfeit substance" means a controlled substance,

8 which, or the container or labeling of which, without

9 authorization bears the trademark, trade name, or other

10 identifying mark, imprint, number or device, or any likeness

11 thereof, of a manufacturer, distributor, or dispenser other

12 than the person who in fact manufactured, distributed, or

13 dispensed the substance.

14 (h) "Deliver" or "delivery" means the actual, constructive

15 or attempted transfer of possession of a controlled substance,

16 with or without consideration, whether or not there is an

17 agency relationship. "Deliver" or "delivery" does not include

18 the donation of drugs to the extent permitted under the

19 Illinois Drug Reuse Opportunity Program Act.

20 (i) "Department" means the Illinois Department of Human

21 Services (as successor to the Department of Alcoholism and

22 Substance Abuse) or its successor agency.

23 (j) (Blank).

24 (k) "Department of Corrections" means the Department of

25 Corrections of the State of Illinois or its successor agency.

26 (l) "Department of Financial and Professional Regulation"

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1 means the Department of Financial and Professional Regulation

2 of the State of Illinois or its successor agency.

3 (m) "Depressant" means any drug that (i) causes an overall

4 depression of central nervous system functions, (ii) causes

5 impaired consciousness and awareness, and (iii) can be

6 habit-forming or lead to a substance abuse problem, including,

7 but not limited to, alcohol, cannabis and its active

8 principles and their analogs, benzodiazepines and their

9 analogs, barbiturates and their analogs, opioids (natural and

10 synthetic) and their analogs, and chloral hydrate and similar

11 sedative hypnotics.

12 (n) (Blank).

13 (o) "Director" means the Director of the Illinois State

14 Police or his or her designated agents.

15 (p) "Dispense" means to deliver a controlled substance to

16 an ultimate user or research subject by or pursuant to the

17 lawful order of a prescriber, including the prescribing,

18 administering, packaging, labeling, or compounding necessary

19 to prepare the substance for that delivery.

20 (q) "Dispenser" means a practitioner who dispenses.

21 (r) "Distribute" means to deliver, other than by

22 administering or dispensing, a controlled substance.

23 (s) "Distributor" means a person who distributes.

24 (t) "Drug" means (1) substances recognized as drugs in the

25 official United States Pharmacopoeia, Official Homeopathic

26 Pharmacopoeia of the United States, or official National

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1 Formulary, or any supplement to any of them; (2) substances

2 intended for use in diagnosis, cure, mitigation, treatment, or

3 prevention of disease in man or animals; (3) substances (other

4 than food) intended to affect the structure of any function of

5 the body of man or animals and (4) substances intended for use

6 as a component of any article specified in clause (1), (2), or

7 (3) of this subsection. It does not include devices or their

8 components, parts, or accessories.

9 (t-3) "Electronic health record" or "EHR" means an

10 electronic record of health-related information on an

11 individual that is created, gathered, managed, and consulted

12 by authorized health care clinicians and staff.

13 (t-3.5) "Electronic health record system" or "EHR system"

14 means any computer-based system or combination of federally

15 certified Health IT Modules (defined at 42 CFR 170.102 or its

16 successor) used as a repository for electronic health records

17 and accessed or updated by a prescriber or authorized

18 surrogate in the ordinary course of his or her medical

19 practice. For purposes of connecting to the Prescription

20 Information Library maintained by the Bureau of Pharmacy and

21 Clinical Support Systems or its successor, an EHR system may

22 connect to the Prescription Information Library directly or

23 through all or part of a computer program or system that is a

24 federally certified Health IT Module maintained by a third

25 party and used by the EHR system to secure access to the

26 database.

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1 (t-4) "Emergency medical services personnel" has the

2 meaning ascribed to it in the Emergency Medical Services (EMS)

3 Systems Act.

4 (t-5) "Euthanasia agency" means an entity certified by the

5 Department of Financial and Professional Regulation for the

6 purpose of animal euthanasia that holds an animal control

7 facility license or animal shelter license under the Animal

8 Welfare Act. A euthanasia agency is authorized to purchase,

9 store, possess, and utilize Schedule II nonnarcotic and

10 Schedule III nonnarcotic drugs for the sole purpose of animal

11 euthanasia.

12 (t-10) "Euthanasia drugs" means Schedule II or Schedule

13 III substances (nonnarcotic controlled substances) that are

14 used by a euthanasia agency for the purpose of animal

15 euthanasia.

16 (u) "Good faith" means the prescribing or dispensing of a

17 controlled substance by a practitioner in the regular course

18 of professional treatment to or for any person who is under his

19 or her treatment for a pathology or condition other than that

20 individual's physical or psychological dependence upon or

21 addiction to a controlled substance, except as provided

22 herein: and application of the term to a pharmacist shall mean

23 the dispensing of a controlled substance pursuant to the

24 prescriber's order which in the professional judgment of the

25 pharmacist is lawful. The pharmacist shall be guided by

26 accepted professional standards, including, but not limited

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1 to, the following, in making the judgment:

2 (1) lack of consistency of prescriber-patient

3 relationship,

4 (2) frequency of prescriptions for same drug by one

5 prescriber for large numbers of patients,

6 (3) quantities beyond those normally prescribed,

7 (4) unusual dosages (recognizing that there may be

8 clinical circumstances where more or less than the usual

9 dose may be used legitimately),

10 (5) unusual geographic distances between patient,

11 pharmacist and prescriber,

12 (6) consistent prescribing of habit-forming drugs.

13 (u-0.5) "Hallucinogen" means a drug that causes markedly

14 altered sensory perception leading to hallucinations of any

15 type.

16 (u-1) "Home infusion services" means services provided by

17 a pharmacy in compounding solutions for direct administration

18 to a patient in a private residence, long-term care facility,

19 or hospice setting by means of parenteral, intravenous,

20 intramuscular, subcutaneous, or intraspinal infusion.

21 (u-5) "Illinois State Police" means the Illinois State

22 Police or its successor agency.

23 (v) "Immediate precursor" means a substance:

24 (1) which the Department has found to be and by rule

25 designated as being a principal compound used, or produced

26 primarily for use, in the manufacture of a controlled

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1 substance;

2 (2) which is an immediate chemical intermediary used

3 or likely to be used in the manufacture of such controlled

4 substance; and

5 (3) the control of which is necessary to prevent,

6 curtail or limit the manufacture of such controlled

7 substance.

8 (w) "Instructional activities" means the acts of teaching,

9 educating or instructing by practitioners using controlled

10 substances within educational facilities approved by the State

11 Board of Education or its successor agency.

12 (x) "Local authorities" means a duly organized State,

13 County or Municipal peace unit or police force.

14 (y) "Look-alike substance" means a substance, other than a

15 controlled substance which (1) by overall dosage unit

16 appearance, including shape, color, size, markings or lack

17 thereof, taste, consistency, or any other identifying physical

18 characteristic of the substance, would lead a reasonable

19 person to believe that the substance is a controlled

20 substance, or (2) is expressly or impliedly represented to be

21 a controlled substance or is distributed under circumstances

22 which would lead a reasonable person to believe that the

23 substance is a controlled substance. For the purpose of

24 determining whether the representations made or the

25 circumstances of the distribution would lead a reasonable

26 person to believe the substance to be a controlled substance

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1 under this clause (2) of subsection (y), the court or other

2 authority may consider the following factors in addition to

3 any other factor that may be relevant:

4 (a) statements made by the owner or person in control

5 of the substance concerning its nature, use or effect;

6 (b) statements made to the buyer or recipient that the

7 substance may be resold for profit;

8 (c) whether the substance is packaged in a manner

9 normally used for the illegal distribution of controlled

10 substances;

11 (d) whether the distribution or attempted distribution

12 included an exchange of or demand for money or other

13 property as consideration, and whether the amount of the

14 consideration was substantially greater than the

15 reasonable retail market value of the substance.

16 Clause (1) of this subsection (y) shall not apply to a

17 noncontrolled substance in its finished dosage form that was

18 initially introduced into commerce prior to the initial

19 introduction into commerce of a controlled substance in its

20 finished dosage form which it may substantially resemble.

21 Nothing in this subsection (y) prohibits the dispensing or

22 distributing of noncontrolled substances by persons authorized

23 to dispense and distribute controlled substances under this

24 Act, provided that such action would be deemed to be carried

25 out in good faith under subsection (u) if the substances

26 involved were controlled substances.

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1 Nothing in this subsection (y) or in this Act prohibits

2 the manufacture, preparation, propagation, compounding,

3 processing, packaging, advertising or distribution of a drug

4 or drugs by any person registered pursuant to Section 510 of

5 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).

6 (y-1) "Mail-order pharmacy" means a pharmacy that is

7 located in a state of the United States that delivers,

8 dispenses or distributes, through the United States Postal

9 Service or other common carrier, to Illinois residents, any

10 substance which requires a prescription.

11 (z) "Manufacture" means the production, preparation,

12 propagation, compounding, conversion or processing of a

13 controlled substance other than methamphetamine, either

14 directly or indirectly, by extraction from substances of

15 natural origin, or independently by means of chemical

16 synthesis, or by a combination of extraction and chemical

17 synthesis, and includes any packaging or repackaging of the

18 substance or labeling of its container, except that this term

19 does not include:

20 (1) by an ultimate user, the preparation or

21 compounding of a controlled substance for his or her own

22 use;

23 (2) by a practitioner, or his or her authorized agent

24 under his or her supervision, the preparation,

25 compounding, packaging, or labeling of a controlled

26 substance:

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1 (a) as an incident to his or her administering or

2 dispensing of a controlled substance in the course of

3 his or her professional practice; or

4 (b) as an incident to lawful research, teaching or

5 chemical analysis and not for sale; or

6 (3) the packaging, repackaging, or labeling of drugs

7 only to the extent permitted under the Illinois Drug Reuse

8 Opportunity Program Act.

9 (z-1) (Blank).

10 (z-5) "Medication shopping" means the conduct prohibited

11 under subsection (a) of Section 314.5 of this Act.

12 (z-10) "Mid-level practitioner" means (i) a physician

13 assistant who has been delegated authority to prescribe

14 through a written delegation of authority by a physician

15 licensed to practice medicine in all of its branches, in

16 accordance with Section 7.5 of the Physician Assistant

17 Practice Act of 1987, (ii) an advanced practice registered

18 nurse who has been delegated authority to prescribe through a

19 written delegation of authority by a physician licensed to

20 practice medicine in all of its branches or by a podiatric

21 physician, in accordance with Section 65-40 of the Nurse

22 Practice Act, (iii) an advanced practice registered nurse

23 certified as a nurse practitioner, nurse midwife, or clinical

24 nurse specialist who has been granted authority to prescribe

25 by a hospital affiliate in accordance with Section 65-45 of

26 the Nurse Practice Act, (iv) an animal euthanasia agency, or

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1 (v) a prescribing psychologist.

2 (aa) "Narcotic drug" means any of the following, whether

3 produced directly or indirectly by extraction from substances

4 of vegetable origin, or independently by means of chemical

5 synthesis, or by a combination of extraction and chemical

6 synthesis:

7 (1) opium, opiates, derivatives of opium and opiates,

8 including their isomers, esters, ethers, salts, and salts

9 of isomers, esters, and ethers, whenever the existence of

10 such isomers, esters, ethers, and salts is possible within

11 the specific chemical designation; however the term

12 "narcotic drug" does not include the isoquinoline

13 alkaloids of opium;

14 (2) (blank);

15 (3) opium poppy and poppy straw;

16 (4) coca leaves, except coca leaves and extracts of

17 coca leaves from which substantially all of the cocaine

18 and ecgonine, and their isomers, derivatives and salts,

19 have been removed;

20 (5) cocaine, its salts, optical and geometric isomers,

21 and salts of isomers;

22 (6) ecgonine, its derivatives, their salts, isomers,

23 and salts of isomers;

24 (7) any compound, mixture, or preparation which

25 contains any quantity of any of the substances referred to

26 in subparagraphs (1) through (6).

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1 (bb) "Nurse" means a registered nurse licensed under the

2 Nurse Practice Act.

3 (cc) (Blank).

4 (dd) "Opiate" means any substance having an addiction

5 forming or addiction sustaining liability similar to morphine

6 or being capable of conversion into a drug having addiction

7 forming or addiction sustaining liability.

8 (ee) "Opium poppy" means the plant of the species Papaver

9 somniferum L., except its seeds.

10 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or

11 solution or other liquid form of medication intended for

12 administration by mouth, but the term does not include a form

13 of medication intended for buccal, sublingual, or transmucosal

14 administration.

15 (ff) "Parole and Pardon Board" means the Parole and Pardon

16 Board of the State of Illinois or its successor agency.

17 (gg) "Person" means any individual, corporation,

18 mail-order pharmacy, government or governmental subdivision or

19 agency, business trust, estate, trust, partnership or

20 association, or any other entity.

21 (hh) "Pharmacist" means any person who holds a license or

22 certificate of registration as a registered pharmacist, a

23 local registered pharmacist or a registered assistant

24 pharmacist under the Pharmacy Practice Act.

25 (ii) "Pharmacy" means any store, ship or other place in

26 which pharmacy is authorized to be practiced under the

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1 Pharmacy Practice Act.

2 (ii-5) "Pharmacy shopping" means the conduct prohibited

3 under subsection (b) of Section 314.5 of this Act.

4 (ii-10) "Physician" (except when the context otherwise

5 requires) means a person licensed to practice medicine in all

6 of its branches.

7 (jj) "Poppy straw" means all parts, except the seeds, of

8 the opium poppy, after mowing.

9 (kk) "Practitioner" means a physician licensed to practice

10 medicine in all its branches, dentist, optometrist, podiatric

11 physician, veterinarian, scientific investigator, pharmacist,

12 physician assistant, advanced practice registered nurse,

13 licensed practical nurse, registered nurse, emergency medical

14 services personnel, hospital, laboratory, or pharmacy, or

15 other person licensed, registered, or otherwise lawfully

16 permitted by the United States or this State to distribute,

17 dispense, conduct research with respect to, administer or use

18 in teaching or chemical analysis, a controlled substance in

19 the course of professional practice or research.

20 (ll) "Pre-printed prescription" means a written

21 prescription upon which the designated drug has been indicated

22 prior to the time of issuance; the term does not mean a written

23 prescription that is individually generated by machine or

24 computer in the prescriber's office.

25 (mm) "Prescriber" means a physician licensed to practice

26 medicine in all its branches, dentist, optometrist,

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1 prescribing psychologist licensed under Section 4.2 of the

2 Clinical Psychologist Licensing Act with prescriptive

3 authority delegated under Section 4.3 of the Clinical

4 Psychologist Licensing Act, podiatric physician, or

5 veterinarian who issues a prescription, a physician assistant

6 who issues a prescription for a controlled substance in

7 accordance with Section 303.05, a written delegation, and a

8 written collaborative agreement required under Section 7.5 of

9 the Physician Assistant Practice Act of 1987, an advanced

10 practice registered nurse with prescriptive authority

11 delegated under Section 65-40 of the Nurse Practice Act and in

12 accordance with Section 303.05, a written delegation, and a

13 written collaborative agreement under Section 65-35 of the

14 Nurse Practice Act, an advanced practice registered nurse

15 certified as a nurse practitioner, nurse midwife, or clinical

16 nurse specialist who has been granted authority to prescribe

17 by a hospital affiliate in accordance with Section 65-45 of

18 the Nurse Practice Act and in accordance with Section 303.05,

19 or an advanced practice registered nurse certified as a nurse

20 practitioner, nurse midwife, or clinical nurse specialist who

21 has full practice authority pursuant to Section 65-43 of the

22 Nurse Practice Act.

23 (nn) "Prescription" means a written, facsimile, or oral

24 order, or an electronic order that complies with applicable

25 federal requirements, of a physician licensed to practice

26 medicine in all its branches, dentist, podiatric physician or

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1 veterinarian for any controlled substance, of an optometrist

2 in accordance with Section 15.1 of the Illinois Optometric

3 Practice Act of 1987, of a prescribing psychologist licensed

4 under Section 4.2 of the Clinical Psychologist Licensing Act

5 with prescriptive authority delegated under Section 4.3 of the

6 Clinical Psychologist Licensing Act, of a physician assistant

7 for a controlled substance in accordance with Section 303.05,

8 a written delegation, and a written collaborative agreement

9 required under Section 7.5 of the Physician Assistant Practice

10 Act of 1987, of an advanced practice registered nurse with

11 prescriptive authority delegated under Section 65-40 of the

12 Nurse Practice Act who issues a prescription for a controlled

13 substance in accordance with Section 303.05, a written

14 delegation, and a written collaborative agreement under

15 Section 65-35 of the Nurse Practice Act, of an advanced

16 practice registered nurse certified as a nurse practitioner,

17 nurse midwife, or clinical nurse specialist who has been

18 granted authority to prescribe by a hospital affiliate in

19 accordance with Section 65-45 of the Nurse Practice Act and in

20 accordance with Section 303.05 when required by law, or of an

21 advanced practice registered nurse certified as a nurse

22 practitioner, nurse midwife, or clinical nurse specialist who

23 has full practice authority pursuant to Section 65-43 of the

24 Nurse Practice Act.

25 (nn-5) "Prescription Information Library" (PIL) means an

26 electronic library that contains reported controlled substance

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LRB103 04680 CPF 49688 b

1 data.

2 (nn-10) "Prescription Monitoring Program" (PMP) means the

3 entity that collects, tracks, and stores reported data on

4 controlled substances and select drugs pursuant to Section

5 316.

6 (oo) "Production" or "produce" means manufacture,

7 planting, cultivating, growing, or harvesting of a controlled

8 substance other than methamphetamine.

9 (pp) "Registrant" means every person who is required to

10 register under Section 302 of this Act.

11 (qq) "Registry number" means the number assigned to each

12 person authorized to handle controlled substances under the

13 laws of the United States and of this State.

14 (qq-5) "Secretary" means, as the context requires, either

15 the Secretary of the Department or the Secretary of the

16 Department of Financial and Professional Regulation, and the

17 Secretary's designated agents.

18 (rr) "State" includes the State of Illinois and any state,

19 district, commonwealth, territory, insular possession thereof,

20 and any area subject to the legal authority of the United

21 States of America.

22 (rr-5) "Stimulant" means any drug that (i) causes an

23 overall excitation of central nervous system functions, (ii)

24 causes impaired consciousness and awareness, and (iii) can be

25 habit-forming or lead to a substance abuse problem, including,

26 but not limited to, amphetamines and their analogs,

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LRB103 04680 CPF 49688 b

1 methylphenidate and its analogs, cocaine, and phencyclidine

2 and its analogs.

3 (rr-10) "Synthetic drug" includes, but is not limited to,

4 any synthetic cannabinoids or piperazines or any synthetic

5 cathinones as provided for in Schedule I.

6 (ss) "Ultimate user" means a person who lawfully possesses

7 a controlled substance for his or her own use or for the use of

8 a member of his or her household or for administering to an

9 animal owned by him or her or by a member of his or her

10 household.

11 (Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;

12 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

13 (720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)

14 Sec. 204. (a) The controlled substances listed in this

15 Section are included in Schedule I.

16 (b) Unless specifically excepted or unless listed in

17 another schedule, any of the following opiates, including

18 their isomers, esters, ethers, salts, and salts of isomers,

19 esters, and ethers, whenever the existence of such isomers,

20 esters, ethers and salts is possible within the specific

21 chemical designation:

22 (1) Acetylmethadol;

23 (1.1) Acetyl-alpha-methylfentanyl

24 (N-[1-(1-methyl-2-phenethyl)-

25 4-piperidinyl]-N-phenylacetamide);

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LRB103 04680 CPF 49688 b

1 (2) Allylprodine;

2 (3) Alphacetylmethadol, except

3 levo-alphacetylmethadol (also known as levo-alpha-

4 acetylmethadol, levomethadyl acetate, or LAAM);

5 (4) Alphameprodine;

6 (5) Alphamethadol;

7 (6) Alpha-methylfentanyl

8 (N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)

9 propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-

10 propanilido) piperidine;

11 (6.1) Alpha-methylthiofentanyl

12 (N-[1-methyl-2-(2-thienyl)ethyl-

13 4-piperidinyl]-N-phenylpropanamide);

14 (7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);

15 (7.1) PEPAP

16 (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);

17 (8) Benzethidine;

18 (9) Betacetylmethadol;

19 (9.1) Beta-hydroxyfentanyl

20 (N-[1-(2-hydroxy-2-phenethyl)-

21 4-piperidinyl]-N-phenylpropanamide);

22 (10) Betameprodine;

23 (11) Betamethadol;

24 (12) Betaprodine;

25 (13) Clonitazene;

26 (14) Dextromoramide;

HB0001

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LRB103 04680 CPF 49688 b

1 (15) Diampromide;

2 (16) Diethylthiambutene;

3 (17) Difenoxin;

4 (18) Dimenoxadol;

5 (19) Dimepheptanol;

6 (20) Dimethylthiambutene;

7 (21) Dioxaphetylbutyrate;

8 (22) Dipipanone;

9 (23) Ethylmethylthiambutene;

10 (24) Etonitazene;

11 (25) Etoxeridine;

12 (26) Furethidine;

13 (27) Hydroxpethidine;

14 (28) Ketobemidone;

15 (29) Levomoramide;

16 (30) Levophenacylmorphan;

17 (31) 3-Methylfentanyl

18 (N-[3-methyl-1-(2-phenylethyl)-

19 4-piperidyl]-N-phenylpropanamide);

20 (31.1) 3-Methylthiofentanyl

21 (N-[(3-methyl-1-(2-thienyl)ethyl-

22 4-piperidinyl]-N-phenylpropanamide);

23 (32) Morpheridine;

24 (33) Noracymethadol;

25 (34) Norlevorphanol;

26 (35) Normethadone;

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LRB103 04680 CPF 49688 b

1 (36) Norpipanone;

2 (36.1) Para-fluorofentanyl

3 (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-

4 4-piperidinyl]propanamide);

5 (37) Phenadoxone;

6 (38) Phenampromide;

7 (39) Phenomorphan;

8 (40) Phenoperidine;

9 (41) Piritramide;

10 (42) Proheptazine;

11 (43) Properidine;

12 (44) Propiram;

13 (45) Racemoramide;

14 (45.1) Thiofentanyl

15 (N-phenyl-N-[1-(2-thienyl)ethyl-

16 4-piperidinyl]-propanamide);

17 (46) Tilidine;

18 (47) Trimeperidine;

19 (48) Beta-hydroxy-3-methylfentanyl (other name:

20 N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-

21 N-phenylpropanamide);

22 (49) Furanyl fentanyl (FU-F);

23 (50) Butyryl fentanyl;

24 (51) Valeryl fentanyl;

25 (52) Acetyl fentanyl;

26 (53) Beta-hydroxy-thiofentanyl;

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LRB103 04680 CPF 49688 b

1 (54) 3,4-dichloro-N-[2-

2 (dimethylamino)cyclohexyl]-N-

3 methylbenzamide (U-47700);

4 (55) 4-chloro-N-[1-[2-

5 (4-nitrophenyl)ethyl]-2-piperidinylidene]-

6 benzenesulfonamide (W-18);

7 (56) 4-chloro-N-[1-(2-phenylethyl)

8 -2-piperidinylidene]-benzenesulfonamide (W-15);

9 (57) acrylfentanyl (acryloylfentanyl).

10 (c) Unless specifically excepted or unless listed in

11 another schedule, any of the following opium derivatives, its

12 salts, isomers and salts of isomers, whenever the existence of

13 such salts, isomers and salts of isomers is possible within

14 the specific chemical designation:

15 (1) Acetorphine;

16 (2) Acetyldihydrocodeine;

17 (3) Benzylmorphine;

18 (4) Codeine methylbromide;

19 (5) Codeine-N-Oxide;

20 (6) Cyprenorphine;

21 (7) Desomorphine;

22 (8) Diacetyldihydromorphine (Dihydroheroin);

23 (9) Dihydromorphine;

24 (10) Drotebanol;

25 (11) Etorphine (except hydrochloride salt);

26 (12) Heroin;

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LRB103 04680 CPF 49688 b

1 (13) Hydromorphinol;

2 (14) Methyldesorphine;

3 (15) Methyldihydromorphine;

4 (16) Morphine methylbromide;

5 (17) Morphine methylsulfonate;

6 (18) Morphine-N-Oxide;

7 (19) Myrophine;

8 (20) Nicocodeine;

9 (21) Nicomorphine;

10 (22) Normorphine;

11 (23) Pholcodine;

12 (24) Thebacon.

13 (d) Unless specifically excepted or unless listed in

14 another schedule, any material, compound, mixture, or

15 preparation which contains any quantity of the following

16 hallucinogenic substances, or which contains any of its salts,

17 isomers and salts of isomers, whenever the existence of such

18 salts, isomers, and salts of isomers is possible within the

19 specific chemical designation (for the purposes of this

20 paragraph only, the term "isomer" includes the optical,

21 position and geometric isomers):

22 (1) 3,4-methylenedioxyamphetamine

23 (alpha-methyl,3,4-methylenedioxyphenethylamine,

24 methylenedioxyamphetamine, MDA);

25 (1.1) Alpha-ethyltryptamine

26 (some trade or other names: etryptamine;

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LRB103 04680 CPF 49688 b

1 MONASE; alpha-ethyl-1H-indole-3-ethanamine;

2 3-(2-aminobutyl)indole; a-ET; and AET);

3 (2) 3,4-methylenedioxymethamphetamine (MDMA);

4 (2.1) 3,4-methylenedioxy-N-ethylamphetamine

5 (also known as: N-ethyl-alpha-methyl-

6 3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,

7 and MDEA);

8 (2.2) N-Benzylpiperazine (BZP);

9 (2.2-1) Trifluoromethylphenylpiperazine (TFMPP);

10 (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);

11 (4) 3,4,5-trimethoxyamphetamine (TMA);

12 (5) (Blank);

13 (6) Diethyltryptamine (DET);

14 (7) Dimethyltryptamine (DMT);

15 (7.1) 5-Methoxy-diallyltryptamine;

16 (8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);

17 (9) Ibogaine (some trade and other names:

18 7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-

19 6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]

20 indole; Tabernanthe iboga);

21 (10) Lysergic acid diethylamide;

22 (10.1) Salvinorin A;

23 (10.5) Salvia divinorum (meaning all parts of the

24 plant presently classified botanically as Salvia

25 divinorum, whether growing or not, the seeds thereof, any

26 extract from any part of that plant, and every compound,

HB0001

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LRB103 04680 CPF 49688 b

1 manufacture, salts, isomers, and salts of isomers whenever

2 the existence of such salts, isomers, and salts of isomers

3 is possible within the specific chemical designation,

4 derivative, mixture, or preparation of that plant, its

5 seeds or extracts);

6 (11) 3,4,5-trimethoxyphenethylamine (Mescaline);

7 (12) Peyote (meaning all parts of the plant presently

8 classified botanically as Lophophora williamsii Lemaire,

9 whether growing or not, the seeds thereof, any extract

10 from any part of that plant, and every compound,

11 manufacture, salts, derivative, mixture, or preparation of

12 that plant, its seeds or extracts);

13 (13) N-ethyl-3-piperidyl benzilate (JB 318);

14 (14) N-methyl-3-piperidyl benzilate;

15 (14.1) N-hydroxy-3,4-methylenedioxyamphetamine

16 (also known as N-hydroxy-alpha-methyl-

17 3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);

18 (15) Parahexyl; some trade or other names:

19 3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-

20 dibenzo (b,d) pyran; Synhexyl;

21 (16) (Blank) ~~Psilocybin~~;

22 (17) (Blank) ~~Psilocyn~~;

23 (18) Alpha-methyltryptamine (AMT);

24 (19) 2,5-dimethoxyamphetamine

25 (2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);

26 (20) 4-bromo-2,5-dimethoxyamphetamine

HB0001

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LRB103 04680 CPF 49688 b

1 (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;

2 4-bromo-2,5-DMA);

3 (20.1) 4-Bromo-2,5 dimethoxyphenethylamine.

4 Some trade or other names: 2-(4-bromo-

5 2,5-dimethoxyphenyl)-1-aminoethane;

6 alpha-desmethyl DOB, 2CB, Nexus;

7 (21) 4-methoxyamphetamine

8 (4-methoxy-alpha-methylphenethylamine;

9 paramethoxyamphetamine; PMA);

10 (22) (Blank);

11 (23) Ethylamine analog of phencyclidine.

12 Some trade or other names:

13 N-ethyl-1-phenylcyclohexylamine,

14 (1-phenylcyclohexyl) ethylamine,

15 N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;

16 (24) Pyrrolidine analog of phencyclidine. Some trade

17 or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy,

18 PHP;

19 (25) 5-methoxy-3,4-methylenedioxy-amphetamine;

20 (26) 2,5-dimethoxy-4-ethylamphetamine

21 (another name: DOET);

22 (27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine

23 (another name: TCPy);

24 (28) (Blank);

25 (29) Thiophene analog of phencyclidine (some trade

26 or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;

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LRB103 04680 CPF 49688 b

1 2-thienyl analog of phencyclidine; TPCP; TCP);

2 (29.1) Benzothiophene analog of phencyclidine. Some

3 trade or other names: BTCP or benocyclidine;

4 (29.2) 3-Methoxyphencyclidine (3-MeO-PCP);

5 (30) Bufotenine (some trade or other names:

6 3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;

7 3-(2-dimethylaminoethyl)-5-indolol;

8 5-hydroxy-N,N-dimethyltryptamine;

9 N,N-dimethylserotonin; mappine);

10 (31) (Blank);

11 (32) (Blank);

12 (33) (Blank);

13 (34) (Blank);

14 (34.5) (Blank);

15 (35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-

16 (2-methyloctan-2-yl)-6a,7,

17 10,10a-tetrahydrobenzo[c]chromen-1-ol

18 Some trade or other names: HU-210;

19 (35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6-

20 dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-

21 tetrahydrobenzo[c]chromen-1-ol, its isomers,

22 salts, and salts of isomers; Some trade or other

23 names: HU-210, Dexanabinol;

24 (36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-

25 6,6-dimethyl-3-(2-methyloctan-2-yl)-

26 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol

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LRB103 04680 CPF 49688 b

1 Some trade or other names: HU-211;

2 (37) (Blank);

3 (38) (Blank);

4 (39) (Blank);

5 (40) (Blank);

6 (41) (Blank);

7 (42) Any compound structurally derived from

8 3-(1-naphthoyl)indole or

9 1H-indol-3-yl-(1-naphthyl)methane by substitution at the

10 nitrogen atom of the indole ring by alkyl, haloalkyl,

11 alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,

12 alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or

13 2-(4-morpholinyl)ethyl whether or not further substituted

14 in the indole ring to any extent, whether or not

15 substituted in the naphthyl ring to any extent. Examples

16 of this structural class include, but are not limited to,

17 JWH-018, AM-2201, JWH-175, JWH-184, and JWH-185;

18 (43) Any compound structurally derived from

19 3-(1-naphthoyl)pyrrole by substitution at the nitrogen

20 atom of the pyrrole ring by alkyl, haloalkyl, alkenyl,

21 cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

22 halide, 1-(N-methyl-2-piperidinyl)methyl, or

23 2-(4-morpholinyl)ethyl, whether or not further substituted

24 in the pyrrole ring to any extent, whether or not

25 substituted in the naphthyl ring to any extent. Examples

26 of this structural class include, but are not limited to,

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LRB103 04680 CPF 49688 b

1 JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;

2 (44) Any compound structurally derived from

3 1-(1-naphthylmethyl)indene by substitution at the

4 3-position of the indene ring by alkyl, haloalkyl,

5 alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,

6 alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or

7 2-(4-morpholinyl)ethyl whether or not further substituted

8 in the indene ring to any extent, whether or not

9 substituted in the naphthyl ring to any extent. Examples

10 of this structural class include, but are not limited to,

11 JWH-176;

12 (45) Any compound structurally derived from

13 3-phenylacetylindole by substitution at the nitrogen atom

14 of the indole ring with alkyl, haloalkyl, alkenyl,

15 cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

16 halide, 1-(N-methyl-2-piperidinyl)methyl, or

17 2-(4-morpholinyl)ethyl, whether or not further substituted

18 in the indole ring to any extent, whether or not

19 substituted in the phenyl ring to any extent. Examples of

20 this structural class include, but are not limited to,

21 JWH-167, JWH-250, JWH-251, and RCS-8;

22 (46) Any compound structurally derived from

23 2-(3-hydroxycyclohexyl)phenol by substitution at the

24 5-position of the phenolic ring by alkyl, haloalkyl,

25 alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,

26 alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or

HB0001

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LRB103 04680 CPF 49688 b

1 2-(4-morpholinyl)ethyl, whether or not substituted in the

2 cyclohexyl ring to any extent. Examples of this structural

3 class include, but are not limited to, CP 47, 497 and its

4 C8 homologue (cannabicyclohexanol);

5 (46.1) Any compound structurally derived from

6 3-(benzoyl) indole with substitution at the nitrogen atom

7 of the indole ring by an alkyl, haloalkyl, alkenyl,

8 cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

9 halide, 1-(N-methyl-2-piperidinyl)methyl, or

10 2-(4-morpholinyl)ethyl group whether or not further

11 substituted in the indole ring to any extent and whether

12 or not substituted in the phenyl ring to any extent.

13 Examples of this structural class include, but are not

14 limited to, AM-630, AM-2233, AM-694, Pravadoline (WIN

15 48,098), and RCS-4;

16 (47) (Blank);

17 (48) (Blank);

18 (49) (Blank);

19 (50) (Blank);

20 (51) (Blank);

21 (52) (Blank);

22 (53) 2,5-Dimethoxy-4-(n)-propylthio-phenethylamine.

23 Some trade or other names: 2C-T-7;

24 (53.1) 4-ethyl-2,5-dimethoxyphenethylamine. Some

25 trade or other names: 2C-E;

26 (53.2) 2,5-dimethoxy-4-methylphenethylamine. Some

HB0001

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LRB103 04680 CPF 49688 b

1 trade or other names: 2C-D;

2 (53.3) 4-chloro-2,5-dimethoxyphenethylamine. Some

3 trade or other names: 2C-C;

4 (53.4) 4-iodo-2,5-dimethoxyphenethylamine. Some trade

5 or other names: 2C-I;

6 (53.5) 4-ethylthio-2,5-dimethoxyphenethylamine. Some

7 trade or other names: 2C-T-2;

8 (53.6) 2,5-dimethoxy-4-isopropylthio-phenethylamine.

9 Some trade or other names: 2C-T-4;

10 (53.7) 2,5-dimethoxyphenethylamine. Some trade or

11 other names: 2C-H;

12 (53.8) 2,5-dimethoxy-4-nitrophenethylamine. Some

13 trade or other names: 2C-N;

14 (53.9) 2,5-dimethoxy-4-(n)-propylphenethylamine. Some

15 trade or other names: 2C-P;

16 (53.10) 2,5-dimethoxy-3,4-dimethylphenethylamine.

17 Some trade or other names: 2C-G;

18 (53.11) The N-(2-methoxybenzyl) derivative of any 2C

19 phenethylamine referred to in subparagraphs (20.1), (53),

20 (53.1), (53.2), (53.3), (53.4), (53.5), (53.6), (53.7),

21 (53.8), (53.9), and (53.10) including, but not limited to,

22 25I-NBOMe and 25C-NBOMe;

23 (54) 5-Methoxy-N,N-diisopropyltryptamine;

24 (55) (Blank);

25 (56) (Blank);

26 (57) (Blank);

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LRB103 04680 CPF 49688 b

1 (58) (Blank);

2 (59) 3-cyclopropoylindole with substitution at the

3 nitrogen atom of the indole ring by alkyl, haloalkyl,

4 alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,

5 alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or

6 2-(4-morpholinyl)ethyl, whether or not further substituted

7 on the indole ring to any extent, whether or not

8 substituted on the cyclopropyl ring to any extent:

9 including, but not limited to, XLR11, UR144, FUB-144;

10 (60) 3-adamantoylindole with substitution at the

11 nitrogen atom of the indole ring by alkyl, haloalkyl,

12 alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,

13 alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or

14 2-(4-morpholinyl)ethyl, whether or not further substituted

15 on the indole ring to any extent, whether or not

16 substituted on the adamantyl ring to any extent:

17 including, but not limited to, AB-001;

18 (61) N-(adamantyl)-indole-3-carboxamide with

19 substitution at the nitrogen atom of the indole ring by

20 alkyl, haloalkyl, alkenyl, cycloalkylmethyl,

21 cycloalkylethyl, aryl halide, alkyl aryl halide,

22 1-(N-methyl-2-piperidinyl)methyl, or

23 2-(4-morpholinyl)ethyl, whether or not further substituted

24 on the indole ring to any extent, whether or not

25 substituted on the adamantyl ring to any extent:

26 including, but not limited to, APICA/2NE-1, STS-135;

HB0001

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LRB103 04680 CPF 49688 b

1 (62) N-(adamantyl)-indazole-3-carboxamide with

2 substitution at a nitrogen atom of the indazole ring by

3 alkyl, haloalkyl, alkenyl, cycloalkylmethyl,

4 cycloalkylethyl, aryl halide, alkyl aryl halide,

5 1-(N-methyl-2-piperidinyl)methyl, or

6 2-(4-morpholinyl)ethyl, whether or not further substituted

7 on the indazole ring to any extent, whether or not

8 substituted on the adamantyl ring to any extent:

9 including, but not limited to, AKB48, 5F-AKB48;

10 (63) 1H-indole-3-carboxylic acid 8-quinolinyl ester

11 with substitution at the nitrogen atom of the indole ring

12 by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,

13 cycloalkylethyl, aryl halide, alkyl aryl halide,

14 1-(N-methyl-2-piperidinyl)methyl, or

15 2-(4-morpholinyl)ethyl, whether or not further substituted

16 on the indole ring to any extent, whether or not

17 substituted on the quinoline ring to any extent:

18 including, but not limited to, PB22, 5F-PB22, FUB-PB-22;

19 (64) 3-(1-naphthoyl)indazole with substitution at the

20 nitrogen atom of the indazole ring by alkyl, haloalkyl,

21 alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,

22 alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or

23 2-(4-morpholinyl)ethyl, whether or not further substituted

24 on the indazole ring to any extent, whether or not

25 substituted on the naphthyl ring to any extent: including,

26 but not limited to, THJ-018, THJ-2201;

HB0001

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LRB103 04680 CPF 49688 b

1 (65) 2-(1-naphthoyl)benzimidazole with substitution

2 at the nitrogen atom of the benzimidazole ring by alkyl,

3 haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,

4 aryl halide, alkyl aryl halide,

5 1-(N-methyl-2-piperidinyl)methyl, or

6 2-(4-morpholinyl)ethyl, whether or not further substituted

7 on the benzimidazole ring to any extent, whether or not

8 substituted on the naphthyl ring to any extent: including,

9 but not limited to, FUBIMINA;

10 (66)

11 N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indazole-

12 3-carboxamide with substitution on the nitrogen atom of

13 the indazole ring by alkyl, haloalkyl, alkenyl,

14 cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

15 halide, 1-(N-methyl-2-piperidinyl)methyl, or

16 2-(4-morpholinyl)ethyl, whether or not further substituted

17 on the indazole ring to any extent: including, but not

18 limited to, AB-PINACA, AB-FUBINACA, AB-CHMINACA;

19 (67) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H-

20 indazole-3-carboxamide with substitution on the nitrogen

21 atom of the indazole ring by alkyl, haloalkyl, alkenyl,

22 cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

23 halide, 1-(N-methyl-2-piperidinyl)methyl, or

24 2-(4-morpholinyl)ethyl, whether or not further substituted

25 on the indazole ring to any extent: including, but not

26 limited to, ADB-PINACA, ADB-FUBINACA;

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LRB103 04680 CPF 49688 b

1 (68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H-

2 indole-3-carboxamide with substitution on the nitrogen

3 atom of the indole ring by alkyl, haloalkyl, alkenyl,

4 cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

5 halide, 1-(N-methyl-2-piperidinyl)methyl, or

6 2-(4-morpholinyl)ethyl, whether or not further substituted

7 on the indole ring to any extent: including, but not

8 limited to, ADBICA, 5F-ADBICA;

9 (69) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indole-

10 3-carboxamide with substitution on the nitrogen atom of

11 the indole ring by alkyl, haloalkyl, alkenyl,

12 cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

13 halide, 1-(N-methyl-2-piperidinyl)methyl, or

14 2-(4-morpholinyl)ethyl, whether or not further substituted

15 on the indole ring to any extent: including, but not

16 limited to, ABICA, 5F-ABICA;

17 (70) Methyl 2-(1H-indazole-3-carboxamido)-3-

18 methylbutanoate with substitution on the nitrogen atom of

19 the indazole ring by alkyl, haloalkyl, alkenyl,

20 cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

21 halide, 1-(N-methyl-2-piperidinyl)methyl, or

22 2-(4-morpholinyl)ethyl, whether or not further substituted

23 on the indazole ring to any extent: including, but not

24 limited to, AMB, 5F-AMB;

25 (71) Methyl 2-(1H-indazole-3-carboxamido)-3,3-

26 dimethylbutanoate with substitution on the nitrogen atom

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1 of the indazole ring by alkyl, haloalkyl, alkenyl,

2 cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

3 halide, 1-(N-methyl-2-piperidinyl)methyl, or

4 2-(4-morpholinyl)ethyl, whether or not further substituted

5 on the indazole ring to any extent: including, but not

6 limited to, 5-fluoro-MDMB-PINACA, MDMB-FUBINACA;

7 (72) Methyl 2-(1H-indole-3-carboxamido)-3-

8 methylbutanoate with substitution on the nitrogen atom of

9 the indole ring by alkyl, haloalkyl, alkenyl,

10 cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

11 halide, 1-(N-methyl-2-piperidinyl)methyl, or

12 2-(4-morpholinyl)ethyl, whether or not further substituted

13 on the indazole ring to any extent: including, but not

14 limited to, MMB018, MMB2201, and AMB-CHMICA;

15 (73) Methyl 2-(1H-indole-3-carboxamido)-3,3-

16 dimethylbutanoate with substitution on the nitrogen atom

17 of the indole ring by alkyl, haloalkyl, alkenyl,

18 cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

19 halide, 1-(N-methyl-2-piperidinyl)methyl, or

20 2-(4-morpholinyl)ethyl, whether or not further substituted

21 on the indazole ring to any extent: including, but not

22 limited to, MDMB-CHMICA;

23 (74) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-

24 indazole-3-carboxamide with substitution on the nitrogen

25 atom of the indazole ring by alkyl, haloalkyl, alkenyl,

26 cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

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LRB103 04680 CPF 49688 b

1 halide, 1-(N-methyl-2-piperidinyl)methyl, or

2 2-(4-morpholinyl)ethyl, whether or not further substituted

3 on the indazole ring to any extent: including, but not

4 limited to, APP-CHMINACA, 5-fluoro-APP-PINACA;

5 (75) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-indole-

6 3-carboxamide with substitution on the nitrogen atom of

7 the indole ring by alkyl, haloalkyl, alkenyl,

8 cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

9 halide, 1-(N-methyl-2-piperidinyl)methyl, or

10 2-(4-morpholinyl)ethyl, whether or not further substituted

11 on the indazole ring to any extent: including, but not

12 limited to, APP-PICA and 5-fluoro-APP-PICA;

13 (76) 4-Acetoxy-N,N-dimethyltryptamine: trade name

14 4-AcO-DMT;

15 (77) 5-Methoxy-N-methyl-N-isopropyltryptamine: trade

16 name 5-MeO-MIPT;

17 (78) 4-hydroxy Diethyltryptamine (4-HO-DET);

18 (79) 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET);

19 (80) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);

20 (81) 4-hydroxy-N-methyl-N-isopropyltryptamine

21 (4-HO-MiPT);

22 (82) Fluorophenylpiperazine;

23 (83) Methoxetamine;

24 (84) 1-(Ethylamino)-2-phenylpropan-2-one (iso-

25 ethcathinone).

26 (e) Unless specifically excepted or unless listed in

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LRB103 04680 CPF 49688 b

1 another schedule, any material, compound, mixture, or

2 preparation which contains any quantity of the following

3 substances having a depressant effect on the central nervous

4 system, including its salts, isomers, and salts of isomers

5 whenever the existence of such salts, isomers, and salts of

6 isomers is possible within the specific chemical designation:

7 (1) mecloqualone;

8 (2) methaqualone; and

9 (3) gamma hydroxybutyric acid.

10 (f) Unless specifically excepted or unless listed in

11 another schedule, any material, compound, mixture, or

12 preparation which contains any quantity of the following

13 substances having a stimulant effect on the central nervous

14 system, including its salts, isomers, and salts of isomers:

15 (1) Fenethylline;

16 (2) N-ethylamphetamine;

17 (3) Aminorex (some other names:

18 2-amino-5-phenyl-2-oxazoline; aminoxaphen;

19 4-5-dihydro-5-phenyl-2-oxazolamine) and its

20 salts, optical isomers, and salts of optical isomers;

21 (4) Methcathinone (some other names:

22 2-methylamino-1-phenylpropan-1-one;

23 Ephedrone; 2-(methylamino)-propiophenone;

24 alpha-(methylamino)propiophenone; N-methylcathinone;

25 methycathinone; Monomethylpropion; UR 1431) and its

26 salts, optical isomers, and salts of optical isomers;

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LRB103 04680 CPF 49688 b

1 (5) Cathinone (some trade or other names:

2 2-aminopropiophenone; alpha-aminopropiophenone;

3 2-amino-1-phenyl-propanone; norephedrone);

4 (6) N,N-dimethylamphetamine (also known as:

5 N,N-alpha-trimethyl-benzeneethanamine;

6 N,N-alpha-trimethylphenethylamine);

7 (7) (+ or -) cis-4-methylaminorex ((+ or -) cis-

8 4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine);

9 (8) 3,4-Methylenedioxypyrovalerone (MDPV);

10 (9) Halogenated amphetamines and

11 methamphetamines - any compound derived from either

12 amphetamine or methamphetamine through the substitution

13 of a halogen on the phenyl ring, including, but not

14 limited to, 2-fluoroamphetamine, 3-

15 fluoroamphetamine and 4-fluoroamphetamine;

16 (10) Aminopropylbenzofuran (APB):

17 including 4-(2-Aminopropyl) benzofuran, 5-

18 (2-Aminopropyl)benzofuran, 6-(2-Aminopropyl)

19 benzofuran, and 7-(2-Aminopropyl) benzofuran;

20 (11) Aminopropyldihydrobenzofuran (APDB):

21 including 4-(2-Aminopropyl)-2,3- dihydrobenzofuran,

22 5-(2-Aminopropyl)-2, 3-dihydrobenzofuran,

23 6-(2-Aminopropyl)-2,3-dihydrobenzofuran,

24 and 7-(2-Aminopropyl)-2,3-dihydrobenzofuran;

25 (12) Methylaminopropylbenzofuran

26 (MAPB): including 4-(2-methylaminopropyl)

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LRB103 04680 CPF 49688 b

1 benzofuran, 5-(2-methylaminopropyl)benzofuran,

2 6-(2-methylaminopropyl)benzofuran

3 and 7-(2-methylaminopropyl)benzofuran.

4 (g) Temporary listing of substances subject to emergency

5 scheduling. Any material, compound, mixture, or preparation

6 that contains any quantity of the following substances:

7 (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide

8 (benzylfentanyl), its optical isomers, isomers, salts, and

9 salts of isomers;

10 (2) N-[1(2-thienyl) methyl-4-piperidyl]-N-

11 phenylpropanamide (thenylfentanyl), its optical isomers,

12 salts, and salts of isomers.

13 (h) Synthetic cathinones. Unless specifically excepted,

14 any chemical compound which is not approved by the United

15 States Food and Drug Administration or, if approved, is not

16 dispensed or possessed in accordance with State or federal

17 law, not including bupropion, structurally derived from

18 2-aminopropan-1-one by substitution at the 1-position with

19 either phenyl, naphthyl, or thiophene ring systems, whether or

20 not the compound is further modified in one or more of the

21 following ways:

22 (1) by substitution in the ring system to any extent

23 with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or

24 halide substituents, whether or not further substituted in

25 the ring system by one or more other univalent

26 substituents. Examples of this class include, but are not

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LRB103 04680 CPF 49688 b

1 limited to, 3,4-Methylenedioxycathinone (bk-MDA);

2 (2) by substitution at the 3-position with an acyclic

3 alkyl substituent. Examples of this class include, but are

4 not limited to, 2-methylamino-1-phenylbutan-1-one

5 (buphedrone); or

6 (3) by substitution at the 2-amino nitrogen atom with

7 alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by

8 inclusion of the 2-amino nitrogen atom in a cyclic

9 structure. Examples of this class include, but are not

10 limited to, Dimethylcathinone, Ethcathinone, and

11 a-Pyrrolidinopropiophenone (a-PPP); or

12 Any other synthetic cathinone which is not approved by the

13 United States Food and Drug Administration or, if approved, is

14 not dispensed or possessed in accordance with State or federal

15 law.

16 (i) Synthetic cannabinoids or piperazines. Any synthetic

17 cannabinoid or piperazine which is not approved by the United

18 States Food and Drug Administration or, if approved, which is

19 not dispensed or possessed in accordance with State and

20 federal law.

21 (Source: P.A. 99-371, eff. 1-1-16; 100-201, eff. 8-18-17;

22 100-368, eff. 1-1-18; 100-789, eff. 1-1-19; 100-863, eff.

23 8-14-18.)

24 Section 995. No acceleration or delay. Where this Act

25 makes changes in a statute that is represented in this Act by

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LRB103 04680 CPF 49688 b

1 text that is not yet or no longer in effect (for example, a

2 Section represented by multiple versions), the use of that

3 text does not accelerate or delay the taking effect of (i) the

4 changes made by this Act or (ii) provisions derived from any

5 other Public Act.

6 Section 999. Effective date. This Act takes effect upon

7 becoming law.