Bill Text: IL HB0167 | 2015-2016 | 99th General Assembly | Engrossed
Bill Title: Amends the Criminal Identification Act. Provides that commencing 180 days after the effective date of the amendatory Act, the Department of State Police and each arresting authority shall automatically expunge, on or before January 1 and July 1 of each year, a person's records of arrests in the Department's or authority's possession or control if the arrests do not result in filing of any charge against the person unless the State's Attorney states, in writing, the case is still under his or her review, and the records have been in the possession or control of the Department or the arresting authority for at least 6 months. Provides that the Department of State Police shall allow a person whose records are eligible for expungement under this provision to use an access and review process, established in the Department of State Police and each arresting authority, for verifying that his or her records eligible for expungement under this provision have been expunged. Provides that the Department of State Police and each arresting authority shall adopt rules to implement this provision. Effective immediately.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2016-04-15 - Third Reading - Short Debate - Lost 037-063-000 [HB0167 Detail]
Download: Illinois-2015-HB0167-Engrossed.html
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| 1 | AN ACT concerning State government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
| 5 | changing Section 5-125 as follows:
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| 6 | (705 ILCS 405/5-125)
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| 7 | Sec. 5-125. Concurrent jurisdiction. Any minor alleged to | ||||||
| 8 | have violated a traffic, boating, or fish and game law,
or a | ||||||
| 9 | municipal or county ordinance, may be prosecuted for the | ||||||
| 10 | violation and if
found
guilty punished under any statute or | ||||||
| 11 | ordinance relating to the violation,
without reference to the | ||||||
| 12 | procedures set out in this Article, except that: | ||||||
| 13 | (1) any
detention, must be in compliance with this | ||||||
| 14 | Article; and | ||||||
| 15 | (2) the confidentiality of records provisions in Part 9 | ||||||
| 16 | of this Article shall apply to any law enforcement and | ||||||
| 17 | court records relating to prosecution of a minor under 18 | ||||||
| 18 | years of age for a municipal or county ordinance violation; | ||||||
| 19 | except that these confidentiality provisions shall not | ||||||
| 20 | apply to or affect any proceeding to adjudicate the | ||||||
| 21 | ordinance violation.
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| 22 | For the purpose of this Section, "traffic violation" shall | ||||||
| 23 | include a
violation of Section 9-3 of the Criminal Code of 1961 | ||||||
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| 1 | or the Criminal Code of 2012 relating to the offense
of
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| 2 | reckless homicide, Section 11-501 of the Illinois Vehicle Code, | ||||||
| 3 | or any similar
county or municipal ordinance.
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| 4 | (Source: P.A. 97-1150, eff. 1-25-13.)
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