Bill Text: IL SB0481 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Identification Act, the Illinois Vehicle Code, the Snowmobile Registration and Safety Act, the Boat Registration and Safety Act, the Criminal and Traffic Assessment Act, the Cannabis Control Act, and the Unified Code of Corrections. Provides that certain fees, assessments, fines, and funds collected relating to the State Police shall be remitted to the State Treasurer for deposit into the appropriate fund or distribution to the appropriate entity. Repeals the Criminal and Traffic Assessment Act and the Section of the Clerks of Courts Act pertaining to court fees on January 1, 2026 (rather than 2022). Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-07-23 - Public Act . . . . . . . . . 102-0145 [SB0481 Detail]

Download: Illinois-2021-SB0481-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0481

Introduced 2/23/2021, by Sen. Scott M. Bennett

SYNOPSIS AS INTRODUCED:
20 ILCS 2630/5.2
625 ILCS 5/16-105 from Ch. 95 1/2, par. 16-105
625 ILCS 40/5-7
625 ILCS 45/5-16
705 ILCS 105/27.1b
705 ILCS 135/15-70
705 ILCS 135/20-5
720 ILCS 550/8 from Ch. 56 1/2, par. 708
730 ILCS 5/5-9-1.9

Amends the Criminal Identification Act, the Illinois Vehicle Code, the Snowmobile Registration and Safety Act, the Boat Registration and Safety Act, the Criminal and Traffic Assessment Act, the Cannabis Control Act, and the Unified Code of Corrections. Provides that certain fees, assessments, fines, and funds collected relating to the State Police shall be remitted to the State Treasurer for deposit into the appropriate fund or distribution to the appropriate entity. Repeals the Criminal and Traffic Assessment Act and the Section of the Clerks of Courts Act pertaining to court fees on January 1, 2026 (rather than 2022). Effective immediately.
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A BILL FOR

SB0481LRB102 11459 LNS 16793 b
1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
6 (20 ILCS 2630/5.2)
7 Sec. 5.2. Expungement, sealing, and immediate sealing.
8 (a) General Provisions.
9 (1) Definitions. In this Act, words and phrases have
10 the meanings set forth in this subsection, except when a
11 particular context clearly requires a different meaning.
12 (A) The following terms shall have the meanings
13 ascribed to them in the Unified Code of Corrections,
14 730 ILCS 5/5-1-2 through 5/5-1-22:
15 (i) Business Offense (730 ILCS 5/5-1-2),
16 (ii) Charge (730 ILCS 5/5-1-3),
17 (iii) Court (730 ILCS 5/5-1-6),
18 (iv) Defendant (730 ILCS 5/5-1-7),
19 (v) Felony (730 ILCS 5/5-1-9),
20 (vi) Imprisonment (730 ILCS 5/5-1-10),
21 (vii) Judgment (730 ILCS 5/5-1-12),
22 (viii) Misdemeanor (730 ILCS 5/5-1-14),
23 (ix) Offense (730 ILCS 5/5-1-15),

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1 (x) Parole (730 ILCS 5/5-1-16),
2 (xi) Petty Offense (730 ILCS 5/5-1-17),
3 (xii) Probation (730 ILCS 5/5-1-18),
4 (xiii) Sentence (730 ILCS 5/5-1-19),
5 (xiv) Supervision (730 ILCS 5/5-1-21), and
6 (xv) Victim (730 ILCS 5/5-1-22).
7 (B) As used in this Section, "charge not initiated
8 by arrest" means a charge (as defined by 730 ILCS
9 5/5-1-3) brought against a defendant where the
10 defendant is not arrested prior to or as a direct
11 result of the charge.
12 (C) "Conviction" means a judgment of conviction or
13 sentence entered upon a plea of guilty or upon a
14 verdict or finding of guilty of an offense, rendered
15 by a legally constituted jury or by a court of
16 competent jurisdiction authorized to try the case
17 without a jury. An order of supervision successfully
18 completed by the petitioner is not a conviction. An
19 order of qualified probation (as defined in subsection
20 (a)(1)(J)) successfully completed by the petitioner is
21 not a conviction. An order of supervision or an order
22 of qualified probation that is terminated
23 unsatisfactorily is a conviction, unless the
24 unsatisfactory termination is reversed, vacated, or
25 modified and the judgment of conviction, if any, is
26 reversed or vacated.

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1 (D) "Criminal offense" means a petty offense,
2 business offense, misdemeanor, felony, or municipal
3 ordinance violation (as defined in subsection
4 (a)(1)(H)). As used in this Section, a minor traffic
5 offense (as defined in subsection (a)(1)(G)) shall not
6 be considered a criminal offense.
7 (E) "Expunge" means to physically destroy the
8 records or return them to the petitioner and to
9 obliterate the petitioner's name from any official
10 index or public record, or both. Nothing in this Act
11 shall require the physical destruction of the circuit
12 court file, but such records relating to arrests or
13 charges, or both, ordered expunged shall be impounded
14 as required by subsections (d)(9)(A)(ii) and
15 (d)(9)(B)(ii).
16 (F) As used in this Section, "last sentence" means
17 the sentence, order of supervision, or order of
18 qualified probation (as defined by subsection
19 (a)(1)(J)), for a criminal offense (as defined by
20 subsection (a)(1)(D)) that terminates last in time in
21 any jurisdiction, regardless of whether the petitioner
22 has included the criminal offense for which the
23 sentence or order of supervision or qualified
24 probation was imposed in his or her petition. If
25 multiple sentences, orders of supervision, or orders
26 of qualified probation terminate on the same day and

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1 are last in time, they shall be collectively
2 considered the "last sentence" regardless of whether
3 they were ordered to run concurrently.
4 (G) "Minor traffic offense" means a petty offense,
5 business offense, or Class C misdemeanor under the
6 Illinois Vehicle Code or a similar provision of a
7 municipal or local ordinance.
8 (G-5) "Minor Cannabis Offense" means a violation
9 of Section 4 or 5 of the Cannabis Control Act
10 concerning not more than 30 grams of any substance
11 containing cannabis, provided the violation did not
12 include a penalty enhancement under Section 7 of the
13 Cannabis Control Act and is not associated with an
14 arrest, conviction or other disposition for a violent
15 crime as defined in subsection (c) of Section 3 of the
16 Rights of Crime Victims and Witnesses Act.
17 (H) "Municipal ordinance violation" means an
18 offense defined by a municipal or local ordinance that
19 is criminal in nature and with which the petitioner
20 was charged or for which the petitioner was arrested
21 and released without charging.
22 (I) "Petitioner" means an adult or a minor
23 prosecuted as an adult who has applied for relief
24 under this Section.
25 (J) "Qualified probation" means an order of
26 probation under Section 10 of the Cannabis Control

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1 Act, Section 410 of the Illinois Controlled Substances
2 Act, Section 70 of the Methamphetamine Control and
3 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
4 of the Unified Code of Corrections, Section
5 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
6 those provisions existed before their deletion by
7 Public Act 89-313), Section 10-102 of the Illinois
8 Alcoholism and Other Drug Dependency Act, Section
9 40-10 of the Substance Use Disorder Act, or Section 10
10 of the Steroid Control Act. For the purpose of this
11 Section, "successful completion" of an order of
12 qualified probation under Section 10-102 of the
13 Illinois Alcoholism and Other Drug Dependency Act and
14 Section 40-10 of the Substance Use Disorder Act means
15 that the probation was terminated satisfactorily and
16 the judgment of conviction was vacated.
17 (K) "Seal" means to physically and electronically
18 maintain the records, unless the records would
19 otherwise be destroyed due to age, but to make the
20 records unavailable without a court order, subject to
21 the exceptions in Sections 12 and 13 of this Act. The
22 petitioner's name shall also be obliterated from the
23 official index required to be kept by the circuit
24 court clerk under Section 16 of the Clerks of Courts
25 Act, but any index issued by the circuit court clerk
26 before the entry of the order to seal shall not be

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1 affected.
2 (L) "Sexual offense committed against a minor"
3 includes, but is not limited to, the offenses of
4 indecent solicitation of a child or criminal sexual
5 abuse when the victim of such offense is under 18 years
6 of age.
7 (M) "Terminate" as it relates to a sentence or
8 order of supervision or qualified probation includes
9 either satisfactory or unsatisfactory termination of
10 the sentence, unless otherwise specified in this
11 Section. A sentence is terminated notwithstanding any
12 outstanding financial legal obligation.
13 (2) Minor Traffic Offenses. Orders of supervision or
14 convictions for minor traffic offenses shall not affect a
15 petitioner's eligibility to expunge or seal records
16 pursuant to this Section.
17 (2.5) Commencing 180 days after July 29, 2016 (the
18 effective date of Public Act 99-697), the law enforcement
19 agency issuing the citation shall automatically expunge,
20 on or before January 1 and July 1 of each year, the law
21 enforcement records of a person found to have committed a
22 civil law violation of subsection (a) of Section 4 of the
23 Cannabis Control Act or subsection (c) of Section 3.5 of
24 the Drug Paraphernalia Control Act in the law enforcement
25 agency's possession or control and which contains the
26 final satisfactory disposition which pertain to the person

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1 issued a citation for that offense. The law enforcement
2 agency shall provide by rule the process for access,
3 review, and to confirm the automatic expungement by the
4 law enforcement agency issuing the citation. Commencing
5 180 days after July 29, 2016 (the effective date of Public
6 Act 99-697), the clerk of the circuit court shall expunge,
7 upon order of the court, or in the absence of a court order
8 on or before January 1 and July 1 of each year, the court
9 records of a person found in the circuit court to have
10 committed a civil law violation of subsection (a) of
11 Section 4 of the Cannabis Control Act or subsection (c) of
12 Section 3.5 of the Drug Paraphernalia Control Act in the
13 clerk's possession or control and which contains the final
14 satisfactory disposition which pertain to the person
15 issued a citation for any of those offenses.
16 (3) Exclusions. Except as otherwise provided in
17 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
18 of this Section, the court shall not order:
19 (A) the sealing or expungement of the records of
20 arrests or charges not initiated by arrest that result
21 in an order of supervision for or conviction of: (i)
22 any sexual offense committed against a minor; (ii)
23 Section 11-501 of the Illinois Vehicle Code or a
24 similar provision of a local ordinance; or (iii)
25 Section 11-503 of the Illinois Vehicle Code or a
26 similar provision of a local ordinance, unless the

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1 arrest or charge is for a misdemeanor violation of
2 subsection (a) of Section 11-503 or a similar
3 provision of a local ordinance, that occurred prior to
4 the offender reaching the age of 25 years and the
5 offender has no other conviction for violating Section
6 11-501 or 11-503 of the Illinois Vehicle Code or a
7 similar provision of a local ordinance.
8 (B) the sealing or expungement of records of minor
9 traffic offenses (as defined in subsection (a)(1)(G)),
10 unless the petitioner was arrested and released
11 without charging.
12 (C) the sealing of the records of arrests or
13 charges not initiated by arrest which result in an
14 order of supervision or a conviction for the following
15 offenses:
16 (i) offenses included in Article 11 of the
17 Criminal Code of 1961 or the Criminal Code of 2012
18 or a similar provision of a local ordinance,
19 except Section 11-14 and a misdemeanor violation
20 of Section 11-30 of the Criminal Code of 1961 or
21 the Criminal Code of 2012, or a similar provision
22 of a local ordinance;
23 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
24 26-5, or 48-1 of the Criminal Code of 1961 or the
25 Criminal Code of 2012, or a similar provision of a
26 local ordinance;

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1 (iii) Sections 12-3.1 or 12-3.2 of the
2 Criminal Code of 1961 or the Criminal Code of
3 2012, or Section 125 of the Stalking No Contact
4 Order Act, or Section 219 of the Civil No Contact
5 Order Act, or a similar provision of a local
6 ordinance;
7 (iv) Class A misdemeanors or felony offenses
8 under the Humane Care for Animals Act; or
9 (v) any offense or attempted offense that
10 would subject a person to registration under the
11 Sex Offender Registration Act.
12 (D) (blank).
13 (b) Expungement.
14 (1) A petitioner may petition the circuit court to
15 expunge the records of his or her arrests and charges not
16 initiated by arrest when each arrest or charge not
17 initiated by arrest sought to be expunged resulted in: (i)
18 acquittal, dismissal, or the petitioner's release without
19 charging, unless excluded by subsection (a)(3)(B); (ii) a
20 conviction which was vacated or reversed, unless excluded
21 by subsection (a)(3)(B); (iii) an order of supervision and
22 such supervision was successfully completed by the
23 petitioner, unless excluded by subsection (a)(3)(A) or
24 (a)(3)(B); or (iv) an order of qualified probation (as
25 defined in subsection (a)(1)(J)) and such probation was
26 successfully completed by the petitioner.

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1 (1.5) When a petitioner seeks to have a record of
2 arrest expunged under this Section, and the offender has
3 been convicted of a criminal offense, the State's Attorney
4 may object to the expungement on the grounds that the
5 records contain specific relevant information aside from
6 the mere fact of the arrest.
7 (2) Time frame for filing a petition to expunge.
8 (A) When the arrest or charge not initiated by
9 arrest sought to be expunged resulted in an acquittal,
10 dismissal, the petitioner's release without charging,
11 or the reversal or vacation of a conviction, there is
12 no waiting period to petition for the expungement of
13 such records.
14 (B) When the arrest or charge not initiated by
15 arrest sought to be expunged resulted in an order of
16 supervision, successfully completed by the petitioner,
17 the following time frames will apply:
18 (i) Those arrests or charges that resulted in
19 orders of supervision under Section 3-707, 3-708,
20 3-710, or 5-401.3 of the Illinois Vehicle Code or
21 a similar provision of a local ordinance, or under
22 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
23 Code of 1961 or the Criminal Code of 2012, or a
24 similar provision of a local ordinance, shall not
25 be eligible for expungement until 5 years have
26 passed following the satisfactory termination of

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1 the supervision.
2 (i-5) Those arrests or charges that resulted
3 in orders of supervision for a misdemeanor
4 violation of subsection (a) of Section 11-503 of
5 the Illinois Vehicle Code or a similar provision
6 of a local ordinance, that occurred prior to the
7 offender reaching the age of 25 years and the
8 offender has no other conviction for violating
9 Section 11-501 or 11-503 of the Illinois Vehicle
10 Code or a similar provision of a local ordinance
11 shall not be eligible for expungement until the
12 petitioner has reached the age of 25 years.
13 (ii) Those arrests or charges that resulted in
14 orders of supervision for any other offenses shall
15 not be eligible for expungement until 2 years have
16 passed following the satisfactory termination of
17 the supervision.
18 (C) When the arrest or charge not initiated by
19 arrest sought to be expunged resulted in an order of
20 qualified probation, successfully completed by the
21 petitioner, such records shall not be eligible for
22 expungement until 5 years have passed following the
23 satisfactory termination of the probation.
24 (3) Those records maintained by the Department for
25 persons arrested prior to their 17th birthday shall be
26 expunged as provided in Section 5-915 of the Juvenile

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1 Court Act of 1987.
2 (4) Whenever a person has been arrested for or
3 convicted of any offense, in the name of a person whose
4 identity he or she has stolen or otherwise come into
5 possession of, the aggrieved person from whom the identity
6 was stolen or otherwise obtained without authorization,
7 upon learning of the person having been arrested using his
8 or her identity, may, upon verified petition to the chief
9 judge of the circuit wherein the arrest was made, have a
10 court order entered nunc pro tunc by the Chief Judge to
11 correct the arrest record, conviction record, if any, and
12 all official records of the arresting authority, the
13 Department, other criminal justice agencies, the
14 prosecutor, and the trial court concerning such arrest, if
15 any, by removing his or her name from all such records in
16 connection with the arrest and conviction, if any, and by
17 inserting in the records the name of the offender, if
18 known or ascertainable, in lieu of the aggrieved's name.
19 The records of the circuit court clerk shall be sealed
20 until further order of the court upon good cause shown and
21 the name of the aggrieved person obliterated on the
22 official index required to be kept by the circuit court
23 clerk under Section 16 of the Clerks of Courts Act, but the
24 order shall not affect any index issued by the circuit
25 court clerk before the entry of the order. Nothing in this
26 Section shall limit the Department of State Police or

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1 other criminal justice agencies or prosecutors from
2 listing under an offender's name the false names he or she
3 has used.
4 (5) Whenever a person has been convicted of criminal
5 sexual assault, aggravated criminal sexual assault,
6 predatory criminal sexual assault of a child, criminal
7 sexual abuse, or aggravated criminal sexual abuse, the
8 victim of that offense may request that the State's
9 Attorney of the county in which the conviction occurred
10 file a verified petition with the presiding trial judge at
11 the petitioner's trial to have a court order entered to
12 seal the records of the circuit court clerk in connection
13 with the proceedings of the trial court concerning that
14 offense. However, the records of the arresting authority
15 and the Department of State Police concerning the offense
16 shall not be sealed. The court, upon good cause shown,
17 shall make the records of the circuit court clerk in
18 connection with the proceedings of the trial court
19 concerning the offense available for public inspection.
20 (6) If a conviction has been set aside on direct
21 review or on collateral attack and the court determines by
22 clear and convincing evidence that the petitioner was
23 factually innocent of the charge, the court that finds the
24 petitioner factually innocent of the charge shall enter an
25 expungement order for the conviction for which the
26 petitioner has been determined to be innocent as provided

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1 in subsection (b) of Section 5-5-4 of the Unified Code of
2 Corrections.
3 (7) Nothing in this Section shall prevent the
4 Department of State Police from maintaining all records of
5 any person who is admitted to probation upon terms and
6 conditions and who fulfills those terms and conditions
7 pursuant to Section 10 of the Cannabis Control Act,
8 Section 410 of the Illinois Controlled Substances Act,
9 Section 70 of the Methamphetamine Control and Community
10 Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified
11 Code of Corrections, Section 12-4.3 or subdivision (b)(1)
12 of Section 12-3.05 of the Criminal Code of 1961 or the
13 Criminal Code of 2012, Section 10-102 of the Illinois
14 Alcoholism and Other Drug Dependency Act, Section 40-10 of
15 the Substance Use Disorder Act, or Section 10 of the
16 Steroid Control Act.
17 (8) If the petitioner has been granted a certificate
18 of innocence under Section 2-702 of the Code of Civil
19 Procedure, the court that grants the certificate of
20 innocence shall also enter an order expunging the
21 conviction for which the petitioner has been determined to
22 be innocent as provided in subsection (h) of Section 2-702
23 of the Code of Civil Procedure.
24 (c) Sealing.
25 (1) Applicability. Notwithstanding any other provision
26 of this Act to the contrary, and cumulative with any

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1 rights to expungement of criminal records, this subsection
2 authorizes the sealing of criminal records of adults and
3 of minors prosecuted as adults. Subsection (g) of this
4 Section provides for immediate sealing of certain records.
5 (2) Eligible Records. The following records may be
6 sealed:
7 (A) All arrests resulting in release without
8 charging;
9 (B) Arrests or charges not initiated by arrest
10 resulting in acquittal, dismissal, or conviction when
11 the conviction was reversed or vacated, except as
12 excluded by subsection (a)(3)(B);
13 (C) Arrests or charges not initiated by arrest
14 resulting in orders of supervision, including orders
15 of supervision for municipal ordinance violations,
16 successfully completed by the petitioner, unless
17 excluded by subsection (a)(3);
18 (D) Arrests or charges not initiated by arrest
19 resulting in convictions, including convictions on
20 municipal ordinance violations, unless excluded by
21 subsection (a)(3);
22 (E) Arrests or charges not initiated by arrest
23 resulting in orders of first offender probation under
24 Section 10 of the Cannabis Control Act, Section 410 of
25 the Illinois Controlled Substances Act, Section 70 of
26 the Methamphetamine Control and Community Protection

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1 Act, or Section 5-6-3.3 of the Unified Code of
2 Corrections; and
3 (F) Arrests or charges not initiated by arrest
4 resulting in felony convictions unless otherwise
5 excluded by subsection (a) paragraph (3) of this
6 Section.
7 (3) When Records Are Eligible to Be Sealed. Records
8 identified as eligible under subsection (c)(2) may be
9 sealed as follows:
10 (A) Records identified as eligible under
11 subsection (c)(2)(A) and (c)(2)(B) may be sealed at
12 any time.
13 (B) Except as otherwise provided in subparagraph
14 (E) of this paragraph (3), records identified as
15 eligible under subsection (c)(2)(C) may be sealed 2
16 years after the termination of petitioner's last
17 sentence (as defined in subsection (a)(1)(F)).
18 (C) Except as otherwise provided in subparagraph
19 (E) of this paragraph (3), records identified as
20 eligible under subsections (c)(2)(D), (c)(2)(E), and
21 (c)(2)(F) may be sealed 3 years after the termination
22 of the petitioner's last sentence (as defined in
23 subsection (a)(1)(F)). Convictions requiring public
24 registration under the Arsonist Registration Act, the
25 Sex Offender Registration Act, or the Murderer and
26 Violent Offender Against Youth Registration Act may

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1 not be sealed until the petitioner is no longer
2 required to register under that relevant Act.
3 (D) Records identified in subsection
4 (a)(3)(A)(iii) may be sealed after the petitioner has
5 reached the age of 25 years.
6 (E) Records identified as eligible under
7 subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
8 (c)(2)(F) may be sealed upon termination of the
9 petitioner's last sentence if the petitioner earned a
10 high school diploma, associate's degree, career
11 certificate, vocational technical certification, or
12 bachelor's degree, or passed the high school level
13 Test of General Educational Development, during the
14 period of his or her sentence or mandatory supervised
15 release. This subparagraph shall apply only to a
16 petitioner who has not completed the same educational
17 goal prior to the period of his or her sentence or
18 mandatory supervised release. If a petition for
19 sealing eligible records filed under this subparagraph
20 is denied by the court, the time periods under
21 subparagraph (B) or (C) shall apply to any subsequent
22 petition for sealing filed by the petitioner.
23 (4) Subsequent felony convictions. A person may not
24 have subsequent felony conviction records sealed as
25 provided in this subsection (c) if he or she is convicted
26 of any felony offense after the date of the sealing of

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1 prior felony convictions as provided in this subsection
2 (c). The court may, upon conviction for a subsequent
3 felony offense, order the unsealing of prior felony
4 conviction records previously ordered sealed by the court.
5 (5) Notice of eligibility for sealing. Upon entry of a
6 disposition for an eligible record under this subsection
7 (c), the petitioner shall be informed by the court of the
8 right to have the records sealed and the procedures for
9 the sealing of the records.
10 (d) Procedure. The following procedures apply to
11expungement under subsections (b), (e), and (e-6) and sealing
12under subsections (c) and (e-5):
13 (1) Filing the petition. Upon becoming eligible to
14 petition for the expungement or sealing of records under
15 this Section, the petitioner shall file a petition
16 requesting the expungement or sealing of records with the
17 clerk of the court where the arrests occurred or the
18 charges were brought, or both. If arrests occurred or
19 charges were brought in multiple jurisdictions, a petition
20 must be filed in each such jurisdiction. The petitioner
21 shall pay the applicable fee, except no fee shall be
22 required if the petitioner has obtained a court order
23 waiving fees under Supreme Court Rule 298 or it is
24 otherwise waived.
25 (1.5) County fee waiver pilot program. From August 9,
26 2019 (the effective date of Public Act 101-306) through

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1 December 31, 2020, in a county of 3,000,000 or more
2 inhabitants, no fee shall be required to be paid by a
3 petitioner if the records sought to be expunged or sealed
4 were arrests resulting in release without charging or
5 arrests or charges not initiated by arrest resulting in
6 acquittal, dismissal, or conviction when the conviction
7 was reversed or vacated, unless excluded by subsection
8 (a)(3)(B). The provisions of this paragraph (1.5), other
9 than this sentence, are inoperative on and after January
10 1, 2022.
11 (2) Contents of petition. The petition shall be
12 verified and shall contain the petitioner's name, date of
13 birth, current address and, for each arrest or charge not
14 initiated by arrest sought to be sealed or expunged, the
15 case number, the date of arrest (if any), the identity of
16 the arresting authority, and such other information as the
17 court may require. During the pendency of the proceeding,
18 the petitioner shall promptly notify the circuit court
19 clerk of any change of his or her address. If the
20 petitioner has received a certificate of eligibility for
21 sealing from the Prisoner Review Board under paragraph
22 (10) of subsection (a) of Section 3-3-2 of the Unified
23 Code of Corrections, the certificate shall be attached to
24 the petition.
25 (3) Drug test. The petitioner must attach to the
26 petition proof that the petitioner has passed a test taken

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1 within 30 days before the filing of the petition showing
2 the absence within his or her body of all illegal
3 substances as defined by the Illinois Controlled
4 Substances Act, the Methamphetamine Control and Community
5 Protection Act, and the Cannabis Control Act if he or she
6 is petitioning to:
7 (A) seal felony records under clause (c)(2)(E);
8 (B) seal felony records for a violation of the
9 Illinois Controlled Substances Act, the
10 Methamphetamine Control and Community Protection Act,
11 or the Cannabis Control Act under clause (c)(2)(F);
12 (C) seal felony records under subsection (e-5); or
13 (D) expunge felony records of a qualified
14 probation under clause (b)(1)(iv).
15 (4) Service of petition. The circuit court clerk shall
16 promptly serve a copy of the petition and documentation to
17 support the petition under subsection (e-5) or (e-6) on
18 the State's Attorney or prosecutor charged with the duty
19 of prosecuting the offense, the Department of State
20 Police, the arresting agency and the chief legal officer
21 of the unit of local government effecting the arrest.
22 (5) Objections.
23 (A) Any party entitled to notice of the petition
24 may file an objection to the petition. All objections
25 shall be in writing, shall be filed with the circuit
26 court clerk, and shall state with specificity the

SB0481- 21 -LRB102 11459 LNS 16793 b
1 basis of the objection. Whenever a person who has been
2 convicted of an offense is granted a pardon by the
3 Governor which specifically authorizes expungement, an
4 objection to the petition may not be filed.
5 (B) Objections to a petition to expunge or seal
6 must be filed within 60 days of the date of service of
7 the petition.
8 (6) Entry of order.
9 (A) The Chief Judge of the circuit wherein the
10 charge was brought, any judge of that circuit
11 designated by the Chief Judge, or in counties of less
12 than 3,000,000 inhabitants, the presiding trial judge
13 at the petitioner's trial, if any, shall rule on the
14 petition to expunge or seal as set forth in this
15 subsection (d)(6).
16 (B) Unless the State's Attorney or prosecutor, the
17 Department of State Police, the arresting agency, or
18 the chief legal officer files an objection to the
19 petition to expunge or seal within 60 days from the
20 date of service of the petition, the court shall enter
21 an order granting or denying the petition.
22 (C) Notwithstanding any other provision of law,
23 the court shall not deny a petition for sealing under
24 this Section because the petitioner has not satisfied
25 an outstanding legal financial obligation established,
26 imposed, or originated by a court, law enforcement

SB0481- 22 -LRB102 11459 LNS 16793 b
1 agency, or a municipal, State, county, or other unit
2 of local government, including, but not limited to,
3 any cost, assessment, fine, or fee. An outstanding
4 legal financial obligation does not include any court
5 ordered restitution to a victim under Section 5-5-6 of
6 the Unified Code of Corrections, unless the
7 restitution has been converted to a civil judgment.
8 Nothing in this subparagraph (C) waives, rescinds, or
9 abrogates a legal financial obligation or otherwise
10 eliminates or affects the right of the holder of any
11 financial obligation to pursue collection under
12 applicable federal, State, or local law.
13 (7) Hearings. If an objection is filed, the court
14 shall set a date for a hearing and notify the petitioner
15 and all parties entitled to notice of the petition of the
16 hearing date at least 30 days prior to the hearing. Prior
17 to the hearing, the State's Attorney shall consult with
18 the Department as to the appropriateness of the relief
19 sought in the petition to expunge or seal. At the hearing,
20 the court shall hear evidence on whether the petition
21 should or should not be granted, and shall grant or deny
22 the petition to expunge or seal the records based on the
23 evidence presented at the hearing. The court may consider
24 the following:
25 (A) the strength of the evidence supporting the
26 defendant's conviction;

SB0481- 23 -LRB102 11459 LNS 16793 b
1 (B) the reasons for retention of the conviction
2 records by the State;
3 (C) the petitioner's age, criminal record history,
4 and employment history;
5 (D) the period of time between the petitioner's
6 arrest on the charge resulting in the conviction and
7 the filing of the petition under this Section; and
8 (E) the specific adverse consequences the
9 petitioner may be subject to if the petition is
10 denied.
11 (8) Service of order. After entering an order to
12 expunge or seal records, the court must provide copies of
13 the order to the Department, in a form and manner
14 prescribed by the Department, to the petitioner, to the
15 State's Attorney or prosecutor charged with the duty of
16 prosecuting the offense, to the arresting agency, to the
17 chief legal officer of the unit of local government
18 effecting the arrest, and to such other criminal justice
19 agencies as may be ordered by the court.
20 (9) Implementation of order.
21 (A) Upon entry of an order to expunge records
22 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
23 (i) the records shall be expunged (as defined
24 in subsection (a)(1)(E)) by the arresting agency,
25 the Department, and any other agency as ordered by
26 the court, within 60 days of the date of service of

SB0481- 24 -LRB102 11459 LNS 16793 b
1 the order, unless a motion to vacate, modify, or
2 reconsider the order is filed pursuant to
3 paragraph (12) of subsection (d) of this Section;
4 (ii) the records of the circuit court clerk
5 shall be impounded until further order of the
6 court upon good cause shown and the name of the
7 petitioner obliterated on the official index
8 required to be kept by the circuit court clerk
9 under Section 16 of the Clerks of Courts Act, but
10 the order shall not affect any index issued by the
11 circuit court clerk before the entry of the order;
12 and
13 (iii) in response to an inquiry for expunged
14 records, the court, the Department, or the agency
15 receiving such inquiry, shall reply as it does in
16 response to inquiries when no records ever
17 existed.
18 (B) Upon entry of an order to expunge records
19 pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
20 (i) the records shall be expunged (as defined
21 in subsection (a)(1)(E)) by the arresting agency
22 and any other agency as ordered by the court,
23 within 60 days of the date of service of the order,
24 unless a motion to vacate, modify, or reconsider
25 the order is filed pursuant to paragraph (12) of
26 subsection (d) of this Section;

SB0481- 25 -LRB102 11459 LNS 16793 b
1 (ii) the records of the circuit court clerk
2 shall be impounded until further order of the
3 court upon good cause shown and the name of the
4 petitioner obliterated on the official index
5 required to be kept by the circuit court clerk
6 under Section 16 of the Clerks of Courts Act, but
7 the order shall not affect any index issued by the
8 circuit court clerk before the entry of the order;
9 (iii) the records shall be impounded by the
10 Department within 60 days of the date of service
11 of the order as ordered by the court, unless a
12 motion to vacate, modify, or reconsider the order
13 is filed pursuant to paragraph (12) of subsection
14 (d) of this Section;
15 (iv) records impounded by the Department may
16 be disseminated by the Department only as required
17 by law or to the arresting authority, the State's
18 Attorney, and the court upon a later arrest for
19 the same or a similar offense or for the purpose of
20 sentencing for any subsequent felony, and to the
21 Department of Corrections upon conviction for any
22 offense; and
23 (v) in response to an inquiry for such records
24 from anyone not authorized by law to access such
25 records, the court, the Department, or the agency
26 receiving such inquiry shall reply as it does in

SB0481- 26 -LRB102 11459 LNS 16793 b
1 response to inquiries when no records ever
2 existed.
3 (B-5) Upon entry of an order to expunge records
4 under subsection (e-6):
5 (i) the records shall be expunged (as defined
6 in subsection (a)(1)(E)) by the arresting agency
7 and any other agency as ordered by the court,
8 within 60 days of the date of service of the order,
9 unless a motion to vacate, modify, or reconsider
10 the order is filed under paragraph (12) of
11 subsection (d) of this Section;
12 (ii) the records of the circuit court clerk
13 shall be impounded until further order of the
14 court upon good cause shown and the name of the
15 petitioner obliterated on the official index
16 required to be kept by the circuit court clerk
17 under Section 16 of the Clerks of Courts Act, but
18 the order shall not affect any index issued by the
19 circuit court clerk before the entry of the order;
20 (iii) the records shall be impounded by the
21 Department within 60 days of the date of service
22 of the order as ordered by the court, unless a
23 motion to vacate, modify, or reconsider the order
24 is filed under paragraph (12) of subsection (d) of
25 this Section;
26 (iv) records impounded by the Department may

SB0481- 27 -LRB102 11459 LNS 16793 b
1 be disseminated by the Department only as required
2 by law or to the arresting authority, the State's
3 Attorney, and the court upon a later arrest for
4 the same or a similar offense or for the purpose of
5 sentencing for any subsequent felony, and to the
6 Department of Corrections upon conviction for any
7 offense; and
8 (v) in response to an inquiry for these
9 records from anyone not authorized by law to
10 access the records, the court, the Department, or
11 the agency receiving the inquiry shall reply as it
12 does in response to inquiries when no records ever
13 existed.
14 (C) Upon entry of an order to seal records under
15 subsection (c), the arresting agency, any other agency
16 as ordered by the court, the Department, and the court
17 shall seal the records (as defined in subsection
18 (a)(1)(K)). In response to an inquiry for such
19 records, from anyone not authorized by law to access
20 such records, the court, the Department, or the agency
21 receiving such inquiry shall reply as it does in
22 response to inquiries when no records ever existed.
23 (D) The Department shall send written notice to
24 the petitioner of its compliance with each order to
25 expunge or seal records within 60 days of the date of
26 service of that order or, if a motion to vacate,

SB0481- 28 -LRB102 11459 LNS 16793 b
1 modify, or reconsider is filed, within 60 days of
2 service of the order resolving the motion, if that
3 order requires the Department to expunge or seal
4 records. In the event of an appeal from the circuit
5 court order, the Department shall send written notice
6 to the petitioner of its compliance with an Appellate
7 Court or Supreme Court judgment to expunge or seal
8 records within 60 days of the issuance of the court's
9 mandate. The notice is not required while any motion
10 to vacate, modify, or reconsider, or any appeal or
11 petition for discretionary appellate review, is
12 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.

SB0481- 29 -LRB102 11459 LNS 16793 b
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 Department may charge the petitioner a
8 fee equivalent to the cost of processing any order to
9 expunge or seal records. Notwithstanding any provision of
10 the Clerks of Courts Act to the contrary, the circuit
11 court clerk may charge a fee equivalent to the cost
12 associated with the sealing or expungement of records by
13 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 forward the Department
21 of State Police portion of the fee to the State Treasurer
22 Department and it shall be deposited in the State Police
23 Services Fund. If the record brought under an expungement
24 petition was previously sealed under this Section, the fee
25 for the expungement petition for that same record shall be
26 waived.

SB0481- 30 -LRB102 11459 LNS 16793 b
1 (11) Final Order. No court order issued under the
2 expungement or sealing provisions of this Section shall
3 become final for purposes of appeal until 30 days after
4 service of the order on the petitioner and all parties
5 entitled to notice of the petition.
6 (12) Motion to Vacate, Modify, or Reconsider. Under
7 Section 2-1203 of the Code of Civil Procedure, the
8 petitioner or any party entitled to notice may file a
9 motion to vacate, modify, or reconsider the order granting
10 or denying the petition to expunge or seal within 60 days
11 of service of the order. If filed more than 60 days after
12 service of the order, a petition to vacate, modify, or
13 reconsider shall comply with subsection (c) of Section
14 2-1401 of the Code of Civil Procedure. Upon filing of a
15 motion to vacate, modify, or reconsider, notice of the
16 motion shall be served upon the petitioner and all parties
17 entitled to notice of the petition.
18 (13) Effect of Order. An order granting a petition
19 under the expungement or sealing provisions of this
20 Section shall not be considered void because it fails to
21 comply with the provisions of this Section or because of
22 any error asserted in a motion to vacate, modify, or
23 reconsider. The circuit court retains jurisdiction to
24 determine whether the order is voidable and to vacate,
25 modify, or reconsider its terms based on a motion filed
26 under paragraph (12) of this subsection (d).

SB0481- 31 -LRB102 11459 LNS 16793 b
1 (14) Compliance with Order Granting Petition to Seal
2 Records. Unless a court has entered a stay of an order
3 granting a petition to seal, all parties entitled to
4 notice of the petition must fully comply with the terms of
5 the order within 60 days of service of the order even if a
6 party is seeking relief from the order through a motion
7 filed under paragraph (12) of this subsection (d) or is
8 appealing the order.
9 (15) Compliance with Order Granting Petition to
10 Expunge Records. While a party is seeking relief from the
11 order granting the petition to expunge through a motion
12 filed under paragraph (12) of this subsection (d) or is
13 appealing the order, and unless a court has entered a stay
14 of that order, the parties entitled to notice of the
15 petition must seal, but need not expunge, the records
16 until there is a final order on the motion for relief or,
17 in the case of an appeal, the issuance of that court's
18 mandate.
19 (16) The changes to this subsection (d) made by Public
20 Act 98-163 apply to all petitions pending on August 5,
21 2013 (the effective date of Public Act 98-163) and to all
22 orders ruling on a petition to expunge or seal on or after
23 August 5, 2013 (the effective date of Public Act 98-163).
24 (e) Whenever a person who has been convicted of an offense
25is granted a pardon by the Governor which specifically
26authorizes expungement, he or she may, upon verified petition

SB0481- 32 -LRB102 11459 LNS 16793 b
1to the Chief Judge of the circuit where the person had been
2convicted, any judge of the circuit designated by the Chief
3Judge, or in counties of less than 3,000,000 inhabitants, the
4presiding trial judge at the defendant's trial, have a court
5order entered expunging the record of arrest from the official
6records of the arresting authority and order that the records
7of the circuit court clerk and the Department be sealed until
8further order of the court upon good cause shown or as
9otherwise provided herein, and the name of the defendant
10obliterated from the official index requested to be kept by
11the circuit court clerk under Section 16 of the Clerks of
12Courts Act in connection with the arrest and conviction for
13the offense for which he or she had been pardoned but the order
14shall not affect any index issued by the circuit court clerk
15before the entry of the order. All records sealed by the
16Department may be disseminated by the Department only to the
17arresting authority, the State's Attorney, and the court upon
18a later arrest for the same or similar offense or for the
19purpose of sentencing for any subsequent felony. Upon
20conviction for any subsequent offense, the Department of
21Corrections shall have access to all sealed records of the
22Department pertaining to that individual. Upon entry of the
23order of expungement, the circuit court clerk shall promptly
24mail a copy of the order to the person who was pardoned.
25 (e-5) Whenever a person who has been convicted of an
26offense is granted a certificate of eligibility for sealing by

SB0481- 33 -LRB102 11459 LNS 16793 b
1the Prisoner Review Board which specifically authorizes
2sealing, he or she may, upon verified petition to the Chief
3Judge of the circuit where the person had been convicted, any
4judge of the circuit designated by the Chief Judge, or in
5counties of less than 3,000,000 inhabitants, the presiding
6trial judge at the petitioner's trial, have a court order
7entered sealing the record of arrest from the official records
8of the arresting authority and order that the records of the
9circuit court clerk and the Department be sealed until further
10order of the court upon good cause shown or as otherwise
11provided herein, and the name of the petitioner obliterated
12from the official index requested to be kept by the circuit
13court clerk under Section 16 of the Clerks of Courts Act in
14connection with the arrest and conviction for the offense for
15which he or she had been granted the certificate but the order
16shall not affect any index issued by the circuit court clerk
17before the entry of the order. All records sealed by the
18Department may be disseminated by the Department only as
19required by this Act or to the arresting authority, a law
20enforcement agency, the State's Attorney, and the court upon a
21later arrest for the same or similar offense or for the purpose
22of sentencing for any subsequent felony. Upon conviction for
23any subsequent offense, the Department of Corrections shall
24have access to all sealed records of the Department pertaining
25to that individual. Upon entry of the order of sealing, the
26circuit court clerk shall promptly mail a copy of the order to

SB0481- 34 -LRB102 11459 LNS 16793 b
1the person who was granted the certificate of eligibility for
2sealing.
3 (e-6) Whenever a person who has been convicted of an
4offense is granted a certificate of eligibility for
5expungement by the Prisoner Review Board which specifically
6authorizes expungement, he or she may, upon verified petition
7to the Chief Judge of the circuit where the person had been
8convicted, any judge of the circuit designated by the Chief
9Judge, or in counties of less than 3,000,000 inhabitants, the
10presiding trial judge at the petitioner's trial, have a court
11order entered expunging the record of arrest from the official
12records of the arresting authority and order that the records
13of the circuit court clerk and the Department be sealed until
14further order of the court upon good cause shown or as
15otherwise provided herein, and the name of the petitioner
16obliterated from the official index requested to be kept by
17the circuit court clerk under Section 16 of the Clerks of
18Courts Act in connection with the arrest and conviction for
19the offense for which he or she had been granted the
20certificate but the order shall not affect any index issued by
21the circuit court clerk before the entry of the order. All
22records sealed by the Department may be disseminated by the
23Department only as required by this Act or to the arresting
24authority, a law enforcement agency, the State's Attorney, and
25the court upon a later arrest for the same or similar offense
26or for the purpose of sentencing for any subsequent felony.

SB0481- 35 -LRB102 11459 LNS 16793 b
1Upon conviction for any subsequent offense, the Department of
2Corrections shall have access to all expunged records of the
3Department pertaining to that individual. Upon entry of the
4order of expungement, the circuit court clerk shall promptly
5mail a copy of the order to the person who was granted the
6certificate of eligibility for expungement.
7 (f) Subject to available funding, the Illinois Department
8of Corrections shall conduct a study of the impact of sealing,
9especially on employment and recidivism rates, utilizing a
10random sample of those who apply for the sealing of their
11criminal records under Public Act 93-211. At the request of
12the Illinois Department of Corrections, records of the
13Illinois Department of Employment Security shall be utilized
14as appropriate to assist in the study. The study shall not
15disclose any data in a manner that would allow the
16identification of any particular individual or employing unit.
17The study shall be made available to the General Assembly no
18later than September 1, 2010.
19 (g) Immediate Sealing.
20 (1) Applicability. Notwithstanding any other provision
21 of this Act to the contrary, and cumulative with any
22 rights to expungement or sealing of criminal records, this
23 subsection authorizes the immediate sealing of criminal
24 records of adults and of minors prosecuted as adults.
25 (2) Eligible Records. Arrests or charges not initiated
26 by arrest resulting in acquittal or dismissal with

SB0481- 36 -LRB102 11459 LNS 16793 b
1 prejudice, except as excluded by subsection (a)(3)(B),
2 that occur on or after January 1, 2018 (the effective date
3 of Public Act 100-282), may be sealed immediately if the
4 petition is filed with the circuit court clerk on the same
5 day and during the same hearing in which the case is
6 disposed.
7 (3) When Records are Eligible to be Immediately
8 Sealed. Eligible records under paragraph (2) of this
9 subsection (g) may be sealed immediately after entry of
10 the final disposition of a case, notwithstanding the
11 disposition of other charges in the same case.
12 (4) Notice of Eligibility for Immediate Sealing. Upon
13 entry of a disposition for an eligible record under this
14 subsection (g), the defendant shall be informed by the
15 court of his or her right to have eligible records
16 immediately sealed and the procedure for the immediate
17 sealing of these records.
18 (5) Procedure. The following procedures apply to
19 immediate sealing under this subsection (g).
20 (A) Filing the Petition. Upon entry of the final
21 disposition of the case, the defendant's attorney may
22 immediately petition the court, on behalf of the
23 defendant, for immediate sealing of eligible records
24 under paragraph (2) of this subsection (g) that are
25 entered on or after January 1, 2018 (the effective
26 date of Public Act 100-282). The immediate sealing

SB0481- 37 -LRB102 11459 LNS 16793 b
1 petition may be filed with the circuit court clerk
2 during the hearing in which the final disposition of
3 the case is entered. If the defendant's attorney does
4 not file the petition for immediate sealing during the
5 hearing, the defendant may file a petition for sealing
6 at any time as authorized under subsection (c)(3)(A).
7 (B) Contents of Petition. The immediate sealing
8 petition shall be verified and shall contain the
9 petitioner's name, date of birth, current address, and
10 for each eligible record, the case number, the date of
11 arrest if applicable, the identity of the arresting
12 authority if applicable, and other information as the
13 court may require.
14 (C) Drug Test. The petitioner shall not be
15 required to attach proof that he or she has passed a
16 drug test.
17 (D) Service of Petition. A copy of the petition
18 shall be served on the State's Attorney in open court.
19 The petitioner shall not be required to serve a copy of
20 the petition on any other agency.
21 (E) Entry of Order. The presiding trial judge
22 shall enter an order granting or denying the petition
23 for immediate sealing during the hearing in which it
24 is filed. Petitions for immediate sealing shall be
25 ruled on in the same hearing in which the final
26 disposition of the case is entered.

SB0481- 38 -LRB102 11459 LNS 16793 b
1 (F) Hearings. The court shall hear the petition
2 for immediate sealing on the same day and during the
3 same hearing in which the disposition is rendered.
4 (G) Service of Order. An order to immediately seal
5 eligible records shall be served in conformance with
6 subsection (d)(8).
7 (H) Implementation of Order. An order to
8 immediately seal records shall be implemented in
9 conformance with subsections (d)(9)(C) and (d)(9)(D).
10 (I) Fees. The fee imposed by the circuit court
11 clerk and the Department of State Police shall comply
12 with paragraph (1) of subsection (d) of this Section.
13 (J) Final Order. No court order issued under this
14 subsection (g) shall become final for purposes of
15 appeal until 30 days after service of the order on the
16 petitioner and all parties entitled to service of the
17 order in conformance with subsection (d)(8).
18 (K) Motion to Vacate, Modify, or Reconsider. Under
19 Section 2-1203 of the Code of Civil Procedure, the
20 petitioner, State's Attorney, or the Department of
21 State Police may file a motion to vacate, modify, or
22 reconsider the order denying the petition to
23 immediately seal within 60 days of service of the
24 order. If filed more than 60 days after service of the
25 order, a petition to vacate, modify, or reconsider
26 shall comply with subsection (c) of Section 2-1401 of

SB0481- 39 -LRB102 11459 LNS 16793 b
1 the Code of Civil Procedure.
2 (L) Effect of Order. An order granting an
3 immediate sealing petition shall not be considered
4 void because it fails to comply with the provisions of
5 this Section or because of an error asserted in a
6 motion to vacate, modify, or reconsider. The circuit
7 court retains jurisdiction to determine whether the
8 order is voidable, and to vacate, modify, or
9 reconsider its terms based on a motion filed under
10 subparagraph (L) of this subsection (g).
11 (M) Compliance with Order Granting Petition to
12 Seal Records. Unless a court has entered a stay of an
13 order granting a petition to immediately seal, all
14 parties entitled to service of the order must fully
15 comply with the terms of the order within 60 days of
16 service of the order.
17 (h) Sealing; trafficking victims.
18 (1) A trafficking victim as defined by paragraph (10)
19 of subsection (a) of Section 10-9 of the Criminal Code of
20 2012 shall be eligible to petition for immediate sealing
21 of his or her criminal record upon the completion of his or
22 her last sentence if his or her participation in the
23 underlying offense was a direct result of human
24 trafficking under Section 10-9 of the Criminal Code of
25 2012 or a severe form of trafficking under the federal
26 Trafficking Victims Protection Act.

SB0481- 40 -LRB102 11459 LNS 16793 b
1 (2) A petitioner under this subsection (h), in
2 addition to the requirements provided under paragraph (4)
3 of subsection (d) of this Section, shall include in his or
4 her petition a clear and concise statement that: (A) he or
5 she was a victim of human trafficking at the time of the
6 offense; and (B) that his or her participation in the
7 offense was a direct result of human trafficking under
8 Section 10-9 of the Criminal Code of 2012 or a severe form
9 of trafficking under the federal Trafficking Victims
10 Protection Act.
11 (3) If an objection is filed alleging that the
12 petitioner is not entitled to immediate sealing under this
13 subsection (h), the court shall conduct a hearing under
14 paragraph (7) of subsection (d) of this Section and the
15 court shall determine whether the petitioner is entitled
16 to immediate sealing under this subsection (h). A
17 petitioner is eligible for immediate relief under this
18 subsection (h) if he or she shows, by a preponderance of
19 the evidence, that: (A) he or she was a victim of human
20 trafficking at the time of the offense; and (B) that his or
21 her participation in the offense was a direct result of
22 human trafficking under Section 10-9 of the Criminal Code
23 of 2012 or a severe form of trafficking under the federal
24 Trafficking Victims Protection Act.
25 (i) Minor Cannabis Offenses under the Cannabis Control
26Act.

SB0481- 41 -LRB102 11459 LNS 16793 b
1 (1) Expungement of Arrest Records of Minor Cannabis
2 Offenses.
3 (A) The Department of State Police and all law
4 enforcement agencies within the State shall
5 automatically expunge all criminal history records of
6 an arrest, charge not initiated by arrest, order of
7 supervision, or order of qualified probation for a
8 Minor Cannabis Offense committed prior to June 25,
9 2019 (the effective date of Public Act 101-27) if:
10 (i) One year or more has elapsed since the
11 date of the arrest or law enforcement interaction
12 documented in the records; and
13 (ii) No criminal charges were filed relating
14 to the arrest or law enforcement interaction or
15 criminal charges were filed and subsequently
16 dismissed or vacated or the arrestee was
17 acquitted.
18 (B) If the law enforcement agency is unable to
19 verify satisfaction of condition (ii) in paragraph
20 (A), records that satisfy condition (i) in paragraph
21 (A) shall be automatically expunged.
22 (C) Records shall be expunged by the law
23 enforcement agency under the following timelines:
24 (i) Records created prior to June 25, 2019
25 (the effective date of Public Act 101-27), but on
26 or after January 1, 2013, shall be automatically

SB0481- 42 -LRB102 11459 LNS 16793 b
1 expunged prior to January 1, 2021;
2 (ii) Records created prior to January 1, 2013,
3 but on or after January 1, 2000, shall be
4 automatically expunged prior to January 1, 2023;
5 (iii) Records created prior to January 1, 2000
6 shall be automatically expunged prior to January
7 1, 2025.
8 In response to an inquiry for expunged records,
9 the law enforcement agency receiving such inquiry
10 shall reply as it does in response to inquiries when no
11 records ever existed; however, it shall provide a
12 certificate of disposition or confirmation that the
13 record was expunged to the individual whose record was
14 expunged if such a record exists.
15 (D) Nothing in this Section shall be construed to
16 restrict or modify an individual's right to have that
17 individual's records expunged except as otherwise may
18 be provided in this Act, or diminish or abrogate any
19 rights or remedies otherwise available to the
20 individual.
21 (2) Pardons Authorizing Expungement of Minor Cannabis
22 Offenses.
23 (A) Upon June 25, 2019 (the effective date of
24 Public Act 101-27), the Department of State Police
25 shall review all criminal history record information
26 and identify all records that meet all of the

SB0481- 43 -LRB102 11459 LNS 16793 b
1 following criteria:
2 (i) one or more convictions for a Minor
3 Cannabis Offense;
4 (ii) the conviction identified in paragraph
5 (2)(A)(i) did not include a penalty enhancement
6 under Section 7 of the Cannabis Control Act; and
7 (iii) the conviction identified in paragraph
8 (2)(A)(i) is not associated with a conviction for
9 a violent crime as defined in subsection (c) of
10 Section 3 of the Rights of Crime Victims and
11 Witnesses Act.
12 (B) Within 180 days after June 25, 2019 (the
13 effective date of Public Act 101-27), the Department
14 of State Police shall notify the Prisoner Review Board
15 of all such records that meet the criteria established
16 in paragraph (2)(A).
17 (i) The Prisoner Review Board shall notify the
18 State's Attorney of the county of conviction of
19 each record identified by State Police in
20 paragraph (2)(A) that is classified as a Class 4
21 felony. The State's Attorney may provide a written
22 objection to the Prisoner Review Board on the sole
23 basis that the record identified does not meet the
24 criteria established in paragraph (2)(A). Such an
25 objection must be filed within 60 days or by such
26 later date set by the Prisoner Review Board in the

SB0481- 44 -LRB102 11459 LNS 16793 b
1 notice after the State's Attorney received notice
2 from the Prisoner Review Board.
3 (ii) In response to a written objection from a
4 State's Attorney, the Prisoner Review Board is
5 authorized to conduct a non-public hearing to
6 evaluate the information provided in the
7 objection.
8 (iii) The Prisoner Review Board shall make a
9 confidential and privileged recommendation to the
10 Governor as to whether to grant a pardon
11 authorizing expungement for each of the records
12 identified by the Department of State Police as
13 described in paragraph (2)(A).
14 (C) If an individual has been granted a pardon
15 authorizing expungement as described in this Section,
16 the Prisoner Review Board, through the Attorney
17 General, shall file a petition for expungement with
18 the Chief Judge of the circuit or any judge of the
19 circuit designated by the Chief Judge where the
20 individual had been convicted. Such petition may
21 include more than one individual. Whenever an
22 individual who has been convicted of an offense is
23 granted a pardon by the Governor that specifically
24 authorizes expungement, an objection to the petition
25 may not be filed. Petitions to expunge under this
26 subsection (i) may include more than one individual.

SB0481- 45 -LRB102 11459 LNS 16793 b
1 Within 90 days of the filing of such a petition, the
2 court shall enter an order expunging the records of
3 arrest from the official records of the arresting
4 authority and order that the records of the circuit
5 court clerk and the Department of State Police be
6 expunged and the name of the defendant obliterated
7 from the official index requested to be kept by the
8 circuit court clerk under Section 16 of the Clerks of
9 Courts Act in connection with the arrest and
10 conviction for the offense for which the individual
11 had received a pardon but the order shall not affect
12 any index issued by the circuit court clerk before the
13 entry of the order. Upon entry of the order of
14 expungement, the circuit court clerk shall promptly
15 provide a copy of the order and a certificate of
16 disposition to the individual who was pardoned to the
17 individual's last known address or by electronic means
18 (if available) or otherwise make it available to the
19 individual upon request.
20 (D) Nothing in this Section is intended to
21 diminish or abrogate any rights or remedies otherwise
22 available to the individual.
23 (3) Any individual may file a motion to vacate and
24 expunge a conviction for a misdemeanor or Class 4 felony
25 violation of Section 4 or Section 5 of the Cannabis
26 Control Act. Motions to vacate and expunge under this

SB0481- 46 -LRB102 11459 LNS 16793 b
1 subsection (i) may be filed with the circuit court, Chief
2 Judge of a judicial circuit or any judge of the circuit
3 designated by the Chief Judge. The circuit court clerk
4 shall promptly serve a copy of the motion to vacate and
5 expunge, and any supporting documentation, on the State's
6 Attorney or prosecutor charged with the duty of
7 prosecuting the offense. When considering such a motion to
8 vacate and expunge, a court shall consider the following:
9 the reasons to retain the records provided by law
10 enforcement, the petitioner's age, the petitioner's age at
11 the time of offense, the time since the conviction, and
12 the specific adverse consequences if denied. An individual
13 may file such a petition after the completion of any
14 non-financial sentence or non-financial condition imposed
15 by the conviction. Within 60 days of the filing of such
16 motion, a State's Attorney may file an objection to such a
17 petition along with supporting evidence. If a motion to
18 vacate and expunge is granted, the records shall be
19 expunged in accordance with subparagraphs (d)(8) and
20 (d)(9)(A) of this Section. An agency providing civil legal
21 aid, as defined by Section 15 of the Public Interest
22 Attorney Assistance Act, assisting individuals seeking to
23 file a motion to vacate and expunge under this subsection
24 may file motions to vacate and expunge with the Chief
25 Judge of a judicial circuit or any judge of the circuit
26 designated by the Chief Judge, and the motion may include

SB0481- 47 -LRB102 11459 LNS 16793 b
1 more than one individual. Motions filed by an agency
2 providing civil legal aid concerning more than one
3 individual may be prepared, presented, and signed
4 electronically.
5 (4) Any State's Attorney may file a motion to vacate
6 and expunge a conviction for a misdemeanor or Class 4
7 felony violation of Section 4 or Section 5 of the Cannabis
8 Control Act. Motions to vacate and expunge under this
9 subsection (i) may be filed with the circuit court, Chief
10 Judge of a judicial circuit or any judge of the circuit
11 designated by the Chief Judge, and may include more than
12 one individual. Motions filed by a State's Attorney
13 concerning more than one individual may be prepared,
14 presented, and signed electronically. When considering
15 such a motion to vacate and expunge, a court shall
16 consider the following: the reasons to retain the records
17 provided by law enforcement, the individual's age, the
18 individual's age at the time of offense, the time since
19 the conviction, and the specific adverse consequences if
20 denied. Upon entry of an order granting a motion to vacate
21 and expunge records pursuant to this Section, the State's
22 Attorney shall notify the Prisoner Review Board within 30
23 days. Upon entry of the order of expungement, the circuit
24 court clerk shall promptly provide a copy of the order and
25 a certificate of disposition to the individual whose
26 records will be expunged to the individual's last known

SB0481- 48 -LRB102 11459 LNS 16793 b
1 address or by electronic means (if available) or otherwise
2 make available to the individual upon request. If a motion
3 to vacate and expunge is granted, the records shall be
4 expunged in accordance with subparagraphs (d)(8) and
5 (d)(9)(A) of this Section.
6 (5) In the public interest, the State's Attorney of a
7 county has standing to file motions to vacate and expunge
8 pursuant to this Section in the circuit court with
9 jurisdiction over the underlying conviction.
10 (6) If a person is arrested for a Minor Cannabis
11 Offense as defined in this Section before June 25, 2019
12 (the effective date of Public Act 101-27) and the person's
13 case is still pending but a sentence has not been imposed,
14 the person may petition the court in which the charges are
15 pending for an order to summarily dismiss those charges
16 against him or her, and expunge all official records of
17 his or her arrest, plea, trial, conviction, incarceration,
18 supervision, or expungement. If the court determines, upon
19 review, that: (A) the person was arrested before June 25,
20 2019 (the effective date of Public Act 101-27) for an
21 offense that has been made eligible for expungement; (B)
22 the case is pending at the time; and (C) the person has not
23 been sentenced of the minor cannabis violation eligible
24 for expungement under this subsection, the court shall
25 consider the following: the reasons to retain the records
26 provided by law enforcement, the petitioner's age, the

SB0481- 49 -LRB102 11459 LNS 16793 b
1 petitioner's age at the time of offense, the time since
2 the conviction, and the specific adverse consequences if
3 denied. If a motion to dismiss and expunge is granted, the
4 records shall be expunged in accordance with subparagraph
5 (d)(9)(A) of this Section.
6 (7) A person imprisoned solely as a result of one or
7 more convictions for Minor Cannabis Offenses under this
8 subsection (i) shall be released from incarceration upon
9 the issuance of an order under this subsection.
10 (8) The Department of State Police shall allow a
11 person to use the access and review process, established
12 in the Department of State Police, for verifying that his
13 or her records relating to Minor Cannabis Offenses of the
14 Cannabis Control Act eligible under this Section have been
15 expunged.
16 (9) No conviction vacated pursuant to this Section
17 shall serve as the basis for damages for time unjustly
18 served as provided in the Court of Claims Act.
19 (10) Effect of Expungement. A person's right to
20 expunge an expungeable offense shall not be limited under
21 this Section. The effect of an order of expungement shall
22 be to restore the person to the status he or she occupied
23 before the arrest, charge, or conviction.
24 (11) Information. The Department of State Police shall
25 post general information on its website about the
26 expungement process described in this subsection (i).

SB0481- 50 -LRB102 11459 LNS 16793 b
1(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
2100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
38-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
4eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
5101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
612-4-19; 101-645, eff. 6-26-20; revised 8-18-20.)
7 Section 10. The Illinois Vehicle Code is amended by
8changing Section 16-105 as follows:
9 (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
10 Sec. 16-105. Disposition of fines and forfeitures.
11 (a) Except as provided in Section 15-113 of this Act and
12except those amounts subject to disbursement by the circuit
13clerk under the Criminal and Traffic Assessment Act, fines and
14penalties recovered under the provisions of Chapters 3 through
1517 and 18b inclusive of this Code shall be paid and used as
16follows:
17 1. For offenses committed upon a highway within the
18 limits of a city, village, or incorporated town or under
19 the jurisdiction of any park district, to the treasurer of
20 the particular city, village, incorporated town or park
21 district, if the violator was arrested by the authorities
22 of the city, village, incorporated town or park district,
23 provided the police officers and officials of cities,
24 villages, incorporated towns and park districts shall

SB0481- 51 -LRB102 11459 LNS 16793 b
1 seasonably prosecute for all fines and penalties under
2 this Code. If the violation is prosecuted by the
3 authorities of the county, any fines or penalties
4 recovered shall be paid to the county treasurer, except
5 that fines and penalties recovered from violations
6 arrested by the State Police shall be remitted to the
7 State Treasurer for deposit into the State Police Law
8 Enforcement Administration Fund. Provided further that if
9 the violator was arrested by the State Police, fines and
10 penalties recovered under the provisions of paragraph (a)
11 of Section 15-113 of this Code or paragraph (e) of Section
12 15-316 of this Code shall be remitted paid over to the
13 Department of State Police which shall thereupon remit the
14 amount of the fines and penalties so received to the State
15 Treasurer who shall deposit the amount so remitted in the
16 special fund in the State treasury known as the Road Fund
17 except that if the violation is prosecuted by the State's
18 Attorney, 10% of the fine or penalty recovered shall be
19 paid to the State's Attorney as a fee of his office and the
20 balance shall be remitted to the State Treasurer paid over
21 to the Department of State Police for remittance to and
22 deposit by the State Treasurer as hereinabove provided.
23 2. Except as provided in paragraph 4, for offenses
24 committed upon any highway outside the limits of a city,
25 village, incorporated town or park district, to the county
26 treasurer of the county where the offense was committed

SB0481- 52 -LRB102 11459 LNS 16793 b
1 except if such offense was committed on a highway
2 maintained by or under the supervision of a township,
3 township district, or a road district to the Treasurer
4 thereof for deposit in the road and bridge fund of such
5 township or other district, except that fines and
6 penalties recovered from violations arrested by the State
7 Police shall be remitted to the State Treasurer for
8 deposit into the State Police Law Enforcement
9 Administration Fund; provided, that fines and penalties
10 recovered under the provisions of paragraph (a) of Section
11 15-113, paragraph (d) of Section 3-401, or paragraph (e)
12 of Section 15-316 of this Code shall be remitted paid over
13 to the Department of State Police which shall thereupon
14 remit the amount of the fines and penalties so received to
15 the State Treasurer who shall deposit the amount so
16 remitted in the special fund in the State treasury known
17 as the Road Fund except that if the violation is
18 prosecuted by the State's Attorney, 10% of the fine or
19 penalty recovered shall be paid to the State's Attorney as
20 a fee of his office and the balance shall be remitted paid
21 over to the State Treasurer Department of State Police for
22 remittance to and deposit by the State Treasurer as
23 hereinabove provided.
24 3. Notwithstanding subsections 1 and 2 of this
25 paragraph, for violations of overweight and overload
26 limits found in Sections 15-101 through 15-203 of this

SB0481- 53 -LRB102 11459 LNS 16793 b
1 Code, which are committed upon the highways belonging to
2 the Illinois State Toll Highway Authority, fines and
3 penalties shall be remitted paid over to the Illinois
4 State Toll Highway Authority for deposit with the State
5 Treasurer into that special fund known as the Illinois
6 State Toll Highway Authority Fund, except that if the
7 violation is prosecuted by the State's Attorney, 10% of
8 the fine or penalty recovered shall be paid to the State's
9 Attorney as a fee of his office and the balance shall be
10 remitted paid over to the Illinois State Toll Highway
11 Authority for remittance to and deposit by the State
12 Treasurer as hereinabove provided.
13 4. With regard to violations of overweight and
14 overload limits found in Sections 15-101 through 15-203 of
15 this Code committed by operators of vehicles registered as
16 Special Hauling Vehicles, for offenses committed upon a
17 highway within the limits of a city, village, or
18 incorporated town or under the jurisdiction of any park
19 district, all fines and penalties shall be paid over or
20 retained as required in paragraph 1. However, with regard
21 to the above offenses committed by operators of vehicles
22 registered as Special Hauling Vehicles upon any highway
23 outside the limits of a city, village, incorporated town
24 or park district, fines and penalties shall be paid over
25 or retained by the entity having jurisdiction over the
26 road or highway upon which the offense occurred, except

SB0481- 54 -LRB102 11459 LNS 16793 b
1 that if the violation is prosecuted by the State's
2 Attorney, 10% of the fine or penalty recovered shall be
3 paid to the State's Attorney as a fee of his office.
4 (b) Failure, refusal or neglect on the part of any
5judicial or other officer or employee receiving or having
6custody of any such fine or forfeiture either before or after a
7deposit with the proper official as defined in paragraph (a)
8of this Section, shall constitute misconduct in office and
9shall be grounds for removal therefrom.
10(Source: P.A. 100-987, eff. 7-1-19.)
11 Section 15. The Snowmobile Registration and Safety Act is
12amended by changing Section 5-7 as follows:
13 (625 ILCS 40/5-7)
14 Sec. 5-7. Operating a snowmobile while under the influence
15of alcohol or other drug or drugs, intoxicating compound or
16compounds, or a combination of them; criminal penalties;
17suspension of operating privileges.
18 (a) A person may not operate or be in actual physical
19control of a snowmobile within this State while:
20 1. The alcohol concentration in that person's blood,
21 other bodily substance, or breath is a concentration at
22 which driving a motor vehicle is prohibited under
23 subdivision (1) of subsection (a) of Section 11-501 of the
24 Illinois Vehicle Code;

SB0481- 55 -LRB102 11459 LNS 16793 b
1 2. The person is under the influence of alcohol;
2 3. The person is under the influence of any other drug
3 or combination of drugs to a degree that renders that
4 person incapable of safely operating a snowmobile;
5 3.1. The person is under the influence of any
6 intoxicating compound or combination of intoxicating
7 compounds to a degree that renders the person incapable of
8 safely operating a snowmobile;
9 4. The person is under the combined influence of
10 alcohol and any other drug or drugs or intoxicating
11 compound or compounds to a degree that renders that person
12 incapable of safely operating a snowmobile;
13 4.3. The person who is not a CDL holder has a
14 tetrahydrocannabinol concentration in the person's whole
15 blood or other bodily substance at which driving a motor
16 vehicle is prohibited under subdivision (7) of subsection
17 (a) of Section 11-501 of the Illinois Vehicle Code;
18 4.5. The person who is a CDL holder has any amount of a
19 drug, substance, or compound in the person's breath,
20 blood, other bodily substance, or urine resulting from the
21 unlawful use or consumption of cannabis listed in the
22 Cannabis Control Act; or
23 5. There is any amount of a drug, substance, or
24 compound in that person's breath, blood, other bodily
25 substance, or urine resulting from the unlawful use or
26 consumption of a controlled substance listed in the

SB0481- 56 -LRB102 11459 LNS 16793 b
1 Illinois Controlled Substances Act, methamphetamine as
2 listed in the Methamphetamine Control and Community
3 Protection Act, or intoxicating compound listed in the use
4 of Intoxicating Compounds Act.
5 (b) The fact that a person charged with violating this
6Section is or has been legally entitled to use alcohol, other
7drug or drugs, any intoxicating compound or compounds, or any
8combination of them does not constitute a defense against a
9charge of violating this Section.
10 (c) Every person convicted of violating this Section or a
11similar provision of a local ordinance is guilty of a Class A
12misdemeanor, except as otherwise provided in this Section.
13 (c-1) As used in this Section, "first time offender" means
14any person who has not had a previous conviction or been
15assigned supervision for violating this Section or a similar
16provision of a local ordinance, or any person who has not had a
17suspension imposed under subsection (e) of Section 5-7.1.
18 (c-2) For purposes of this Section, the following are
19equivalent to a conviction:
20 (1) a forfeiture of bail or collateral deposited to
21 secure a defendant's appearance in court when forfeiture
22 has not been vacated; or
23 (2) the failure of a defendant to appear for trial.
24 (d) Every person convicted of violating this Section is
25guilty of a Class 4 felony if:
26 1. The person has a previous conviction under this

SB0481- 57 -LRB102 11459 LNS 16793 b
1 Section;
2 2. The offense results in personal injury where a
3 person other than the operator suffers great bodily harm
4 or permanent disability or disfigurement, when the
5 violation was a proximate cause of the injuries. A person
6 guilty of a Class 4 felony under this paragraph 2, if
7 sentenced to a term of imprisonment, shall be sentenced to
8 not less than one year nor more than 12 years; or
9 3. The offense occurred during a period in which the
10 person's privileges to operate a snowmobile are revoked or
11 suspended, and the revocation or suspension was for a
12 violation of this Section or was imposed under Section
13 5-7.1.
14 (e) Every person convicted of violating this Section is
15guilty of a Class 2 felony if the offense results in the death
16of a person. A person guilty of a Class 2 felony under this
17subsection (e), if sentenced to a term of imprisonment, shall
18be sentenced to a term of not less than 3 years and not more
19than 14 years.
20 (e-1) Every person convicted of violating this Section or
21a similar provision of a local ordinance who had a child under
22the age of 16 on board the snowmobile at the time of offense
23shall be subject to a mandatory minimum fine of $500 and shall
24be subject to a mandatory minimum of 5 days of community
25service in a program benefiting children. The assignment under
26this subsection shall not be subject to suspension nor shall

SB0481- 58 -LRB102 11459 LNS 16793 b
1the person be eligible for probation in order to reduce the
2assignment.
3 (e-2) Every person found guilty of violating this Section,
4whose operation of a snowmobile while in violation of this
5Section proximately caused any incident resulting in an
6appropriate emergency response, shall be liable for the
7expense of an emergency response as provided in subsection (i)
8of Section 11-501.01 of the Illinois Vehicle Code.
9 (e-3) In addition to any other penalties and liabilities,
10a person who is found guilty of violating this Section,
11including any person placed on court supervision, shall be
12fined $100, payable to the circuit clerk, who shall distribute
13the money to the law enforcement agency that made the arrest or
14as provided in subsection (c) of Section 10-5 of the Criminal
15and Traffic Assessment Act if the arresting agency is a State
16agency, unless more than one agency is responsible for the
17arrest, in which case the amount shall be remitted to each unit
18of government equally. In the event that more than one agency
19is responsible for the arrest, the $100 shall be shared
20equally. Any moneys received by a law enforcement agency under
21this subsection (e-3) shall be used to purchase law
22enforcement equipment or to provide law enforcement training
23that will assist in the prevention of alcohol related criminal
24violence throughout the State. Law enforcement equipment shall
25include, but is not limited to, in-car video cameras, radar
26and laser speed detection devices, and alcohol breath testers.

SB0481- 59 -LRB102 11459 LNS 16793 b
1 (f) In addition to any criminal penalties imposed, the
2Department of Natural Resources shall suspend the snowmobile
3operation privileges of a person convicted or found guilty of
4a misdemeanor under this Section for a period of one year,
5except that first-time offenders are exempt from this
6mandatory one year suspension.
7 (g) In addition to any criminal penalties imposed, the
8Department of Natural Resources shall suspend for a period of
95 years the snowmobile operation privileges of any person
10convicted or found guilty of a felony under this Section.
11(Source: P.A. 99-697, eff. 7-29-16; 100-201, eff. 8-18-17.)
12 Section 20. The Boat Registration and Safety Act is
13amended by changing Section 5-16 as follows:
14 (625 ILCS 45/5-16)
15 Sec. 5-16. Operating a watercraft under the influence of
16alcohol, other drug or drugs, intoxicating compound or
17compounds, or combination thereof.
18 (A) 1. A person shall not operate or be in actual physical
19control of any watercraft within this State while:
20 (a) The alcohol concentration in such person's blood,
21 other bodily substance, or breath is a concentration at
22 which driving a motor vehicle is prohibited under
23 subdivision (1) of subsection (a) of Section 11-501 of the
24 Illinois Vehicle Code;

SB0481- 60 -LRB102 11459 LNS 16793 b
1 (b) Under the influence of alcohol;
2 (c) Under the influence of any other drug or
3 combination of drugs to a degree which renders such person
4 incapable of safely operating any watercraft;
5 (c-1) Under the influence of any intoxicating compound
6 or combination of intoxicating compounds to a degree that
7 renders the person incapable of safely operating any
8 watercraft;
9 (d) Under the combined influence of alcohol and any
10 other drug or drugs to a degree which renders such person
11 incapable of safely operating a watercraft;
12 (d-3) The person who is not a CDL holder has a
13 tetrahydrocannabinol concentration in the person's whole
14 blood or other bodily substance at which driving a motor
15 vehicle is prohibited under subdivision (7) of subsection
16 (a) of Section 11-501 of the Illinois Vehicle Code;
17 (d-5) The person who is a CDL holder has any amount of
18 a drug, substance, or compound in the person's breath,
19 blood, other bodily substance, or urine resulting from the
20 unlawful use or consumption of cannabis listed in the
21 Cannabis Control Act; or
22 (e) There is any amount of a drug, substance, or
23 compound in the person's blood, other bodily substance, or
24 urine resulting from the unlawful use or consumption of a
25 controlled substance listed in the Illinois Controlled
26 Substances Act, methamphetamine as listed in the

SB0481- 61 -LRB102 11459 LNS 16793 b
1 Methamphetamine Control and Community Protection Act, or
2 an intoxicating compound listed in the Use of Intoxicating
3 Compounds Act.
4 2. The fact that any person charged with violating this
5Section is or has been legally entitled to use alcohol, other
6drug or drugs, any intoxicating compound or compounds, or any
7combination of them, shall not constitute a defense against
8any charge of violating this Section.
9 3. Every person convicted of violating this Section shall
10be guilty of a Class A misdemeanor, except as otherwise
11provided in this Section.
12 4. Every person convicted of violating this Section shall
13be guilty of a Class 4 felony if:
14 (a) He or she has a previous conviction under this
15 Section;
16 (b) The offense results in personal injury where a
17 person other than the operator suffers great bodily harm
18 or permanent disability or disfigurement, when the
19 violation was a proximate cause of the injuries. A person
20 guilty of a Class 4 felony under this subparagraph (b), if
21 sentenced to a term of imprisonment, shall be sentenced to
22 a term of not less than one year nor more than 12 years; or
23 (c) The offense occurred during a period in which his
24 or her privileges to operate a watercraft are revoked or
25 suspended, and the revocation or suspension was for a
26 violation of this Section or was imposed under subsection

SB0481- 62 -LRB102 11459 LNS 16793 b
1 (B).
2 5. Every person convicted of violating this Section shall
3be guilty of a Class 2 felony if the offense results in the
4death of a person. A person guilty of a Class 2 felony under
5this paragraph 5, if sentenced to a term of imprisonment,
6shall be sentenced to a term of not less than 3 years and not
7more than 14 years.
8 5.1. A person convicted of violating this Section or a
9similar provision of a local ordinance who had a child under
10the age of 16 aboard the watercraft at the time of offense is
11subject to a mandatory minimum fine of $500 and to a mandatory
12minimum of 5 days of community service in a program benefiting
13children. The assignment under this paragraph 5.1 is not
14subject to suspension and the person is not eligible for
15probation in order to reduce the assignment.
16 5.2. A person found guilty of violating this Section, if
17his or her operation of a watercraft while in violation of this
18Section proximately caused any incident resulting in an
19appropriate emergency response, is liable for the expense of
20an emergency response as provided in subsection (m) of Section
2111-501 of the Illinois Vehicle Code.
22 5.3. In addition to any other penalties and liabilities, a
23person who is found guilty of violating this Section,
24including any person placed on court supervision, shall be
25fined $100, payable to the circuit clerk, who shall distribute
26the money to the law enforcement agency that made the arrest or

SB0481- 63 -LRB102 11459 LNS 16793 b
1as provided in subsection (c) of Section 10-5 of the Criminal
2and Traffic Assessment Act if the arresting agency is a State
3agency, unless more than one agency is responsible for the
4arrest, in which case the amount shall be remitted to each unit
5of government equally. In the event that more than one agency
6is responsible for the arrest, the $100 shall be shared
7equally. Any moneys received by a law enforcement agency under
8this paragraph 5.3 shall be used to purchase law enforcement
9equipment or to provide law enforcement training that will
10assist in the prevention of alcohol related criminal violence
11throughout the State. Law enforcement equipment shall include,
12but is not limited to, in-car video cameras, radar and laser
13speed detection devices, and alcohol breath testers.
14 6. (a) In addition to any criminal penalties imposed, the
15Department of Natural Resources shall suspend the watercraft
16operation privileges of any person convicted or found guilty
17of a misdemeanor under this Section, a similar provision of a
18local ordinance, or Title 46 of the U.S. Code of Federal
19Regulations for a period of one year, except that a first time
20offender is exempt from this mandatory one year suspension.
21 As used in this subdivision (A)6(a), "first time offender"
22means any person who has not had a previous conviction or been
23assigned supervision for violating this Section, a similar
24provision of a local ordinance or, Title 46 of the U.S. Code of
25Federal Regulations, or any person who has not had a
26suspension imposed under subdivision (B)3.1 of Section 5-16.

SB0481- 64 -LRB102 11459 LNS 16793 b
1 (b) In addition to any criminal penalties imposed, the
2Department of Natural Resources shall suspend the watercraft
3operation privileges of any person convicted of a felony under
4this Section, a similar provision of a local ordinance, or
5Title 46 of the U.S. Code of Federal Regulations for a period
6of 3 years.
7 (B) 1. Any person who operates or is in actual physical
8control of any watercraft upon the waters of this State shall
9be deemed to have given consent to a chemical test or tests of
10blood, breath, other bodily substance, or urine for the
11purpose of determining the content of alcohol, other drug or
12drugs, intoxicating compound or compounds, or combination
13thereof in the person's blood or other bodily substance if
14arrested for any offense of subsection (A) above. The chemical
15test or tests shall be administered at the direction of the
16arresting officer. The law enforcement agency employing the
17officer shall designate which of the tests shall be
18administered. Up to 2 additional tests of urine or other
19bodily substance may be administered even after a blood or
20breath test or both has been administered.
21 1.1. For the purposes of this Section, an Illinois Law
22Enforcement officer of this State who is investigating the
23person for any offense defined in Section 5-16 may travel into
24an adjoining state, where the person has been transported for
25medical care to complete an investigation, and may request
26that the person submit to the test or tests set forth in this

SB0481- 65 -LRB102 11459 LNS 16793 b
1Section. The requirements of this Section that the person be
2arrested are inapplicable, but the officer shall issue the
3person a uniform citation for an offense as defined in Section
45-16 or a similar provision of a local ordinance prior to
5requesting that the person submit to the test or tests. The
6issuance of the uniform citation shall not constitute an
7arrest, but shall be for the purpose of notifying the person
8that he or she is subject to the provisions of this Section and
9of the officer's belief in the existence of probable cause to
10arrest. Upon returning to this State, the officer shall file
11the uniform citation with the circuit clerk of the county
12where the offense was committed and shall seek the issuance of
13an arrest warrant or a summons for the person.
14 1.2. Notwithstanding any ability to refuse under this Act
15to submit to these tests or any ability to revoke the implied
16consent to these tests, if a law enforcement officer has
17probable cause to believe that a watercraft operated by or
18under actual physical control of a person under the influence
19of alcohol, other drug or drugs, intoxicating compound or
20compounds, or any combination of them has caused the death of
21or personal injury to another, that person shall submit, upon
22the request of a law enforcement officer, to a chemical test or
23tests of his or her blood, breath, other bodily substance, or
24urine for the purpose of determining the alcohol content or
25the presence of any other drug, intoxicating compound, or
26combination of them. For the purposes of this Section, a

SB0481- 66 -LRB102 11459 LNS 16793 b
1personal injury includes severe bleeding wounds, distorted
2extremities, and injuries that require the injured party to be
3carried from the scene for immediate professional attention in
4either a doctor's office or a medical facility.
5 2. Any person who is dead, unconscious or who is otherwise
6in a condition rendering such person incapable of refusal,
7shall be deemed not to have withdrawn the consent provided
8above, and the test may be administered.
9 3. A person requested to submit to a chemical test as
10provided above shall be verbally advised by the law
11enforcement officer requesting the test that a refusal to
12submit to the test will result in suspension of such person's
13privilege to operate a watercraft for a minimum of 2 years.
14Following this warning, if a person under arrest refuses upon
15the request of a law enforcement officer to submit to a test
16designated by the officer, no test shall be given, but the law
17enforcement officer shall file with the clerk of the circuit
18court for the county in which the arrest was made, and with the
19Department of Natural Resources, a sworn statement naming the
20person refusing to take and complete the chemical test or
21tests requested under the provisions of this Section. Such
22sworn statement shall identify the arrested person, such
23person's current residence address and shall specify that a
24refusal by such person to take the chemical test or tests was
25made. Such sworn statement shall include a statement that the
26arresting officer had reasonable cause to believe the person

SB0481- 67 -LRB102 11459 LNS 16793 b
1was operating or was in actual physical control of the
2watercraft within this State while under the influence of
3alcohol, other drug or drugs, intoxicating compound or
4compounds, or combination thereof and that such chemical test
5or tests were made as an incident to and following the lawful
6arrest for an offense as defined in this Section or a similar
7provision of a local ordinance, and that the person after
8being arrested for an offense arising out of acts alleged to
9have been committed while so operating a watercraft refused to
10submit to and complete a chemical test or tests as requested by
11the law enforcement officer.
12 3.1. The law enforcement officer submitting the sworn
13statement as provided in paragraph 3 of this subsection (B)
14shall serve immediate written notice upon the person refusing
15the chemical test or tests that the person's privilege to
16operate a watercraft within this State will be suspended for a
17period of 2 years unless, within 28 days from the date of the
18notice, the person requests in writing a hearing on the
19suspension.
20 If the person desires a hearing, such person shall file a
21complaint in the circuit court for and in the county in which
22such person was arrested for such hearing. Such hearing shall
23proceed in the court in the same manner as other civil
24proceedings, shall cover only the issues of whether the person
25was placed under arrest for an offense as defined in this
26Section or a similar provision of a local ordinance as

SB0481- 68 -LRB102 11459 LNS 16793 b
1evidenced by the issuance of a uniform citation; whether the
2arresting officer had reasonable grounds to believe that such
3person was operating a watercraft while under the influence of
4alcohol, other drug or drugs, intoxicating compound or
5compounds, or combination thereof; and whether such person
6refused to submit and complete the chemical test or tests upon
7the request of the law enforcement officer. Whether the person
8was informed that such person's privilege to operate a
9watercraft would be suspended if such person refused to submit
10to the chemical test or tests shall not be an issue.
11 If the person fails to request in writing a hearing within
1228 days from the date of notice, or if a hearing is held and
13the court finds against the person on the issues before the
14court, the clerk shall immediately notify the Department of
15Natural Resources, and the Department shall suspend the
16watercraft operation privileges of the person for at least 2
17years.
18 3.2. If the person is a CDL holder and submits to a test
19that discloses an alcohol concentration of 0.08 or more, or
20any amount of a drug, substance or intoxicating compound in
21the person's breath, blood, other bodily substance, or urine
22resulting from the unlawful use of cannabis listed in the
23Cannabis Control Act, a controlled substance listed in the
24Illinois Controlled Substances Act, methamphetamine as listed
25in the Methamphetamine Control and Community Protection Act,
26or an intoxicating compound listed in the Use of Intoxicating

SB0481- 69 -LRB102 11459 LNS 16793 b
1Compounds Act, the law enforcement officer shall immediately
2submit a sworn report to the circuit clerk of venue and the
3Department of Natural Resources, certifying that the test or
4tests were requested under paragraph 1 of this subsection (B)
5and the person submitted to testing that disclosed an alcohol
6concentration of 0.08 or more or any amount of a drug,
7substance or intoxicating compound in the person's breath,
8blood, other bodily substance, or urine resulting from the
9unlawful use of cannabis listed in the Cannabis Control Act, a
10controlled substance listed in the Illinois Controlled
11Substances Act, methamphetamine as listed in the
12Methamphetamine Control and Community Protection Act, or an
13intoxicating compound listed in the Use of Intoxicating
14Compounds Act. If the person is not a CDL holder and submits to
15a test that discloses an alcohol concentration of 0.08 or
16more, a tetrahydrocannabinol concentration in the person's
17whole blood or other bodily substance as defined in paragraph
186 of subsection (a) of Section 11-501.2 of the Illinois
19Vehicle Code, or any amount of a drug, substance or
20intoxicating compound in the person's breath, blood, other
21bodily substance, or urine resulting from the unlawful use of
22a controlled substance listed in the Illinois Controlled
23Substances Act, methamphetamine as listed in the
24Methamphetamine Control and Community Protection Act, or an
25intoxicating compound listed in the Use of Intoxicating
26Compounds Act, the law enforcement officer shall immediately

SB0481- 70 -LRB102 11459 LNS 16793 b
1submit a sworn report to the circuit clerk of venue and the
2Department of Natural Resources, certifying that the test or
3tests were requested under paragraph 1 of this subsection (B)
4and the person submitted to testing that disclosed an alcohol
5concentration of 0.08 or more, a tetrahydrocannabinol
6concentration in the person's whole blood or other bodily
7substance as defined in paragraph 6 of subsection (a) of
8Section 11-501.2 of the Illinois Vehicle Code, or any amount
9of a drug, substance or intoxicating compound in the person's
10breath, blood, other bodily substance, or urine resulting from
11the unlawful use of a controlled substance listed in the
12Illinois Controlled Substances Act, methamphetamine as listed
13in the Methamphetamine Control and Community Protection Act,
14or an intoxicating compound listed in the Use of Intoxicating
15Compounds Act.
16 In cases involving a person who is a CDL holder where the
17blood alcohol concentration of 0.08 or greater or any amount
18of drug, substance or compound resulting from the unlawful use
19of cannabis, a controlled substance, methamphetamine, or an
20intoxicating compound is established by a subsequent analysis
21of blood, other bodily substance, or urine collected at the
22time of arrest, the arresting officer or arresting agency
23shall immediately submit a sworn report to the circuit clerk
24of venue and the Department of Natural Resources upon receipt
25of the test results. In cases involving a person who is not a
26CDL holder where the blood alcohol concentration of 0.08 or

SB0481- 71 -LRB102 11459 LNS 16793 b
1greater, a tetrahydrocannabinol concentration in the person's
2whole blood or other bodily substance as defined in paragraph
36 of subsection (a) of Section 11-501.2 of the Illinois
4Vehicle Code, or any amount of drug, substance, or compound
5resulting from the unlawful use of a controlled substance,
6methamphetamine, or an intoxicating compound is established by
7a subsequent analysis of blood, other bodily substance, or
8urine collected at the time of arrest, the arresting officer
9or arresting agency shall immediately submit a sworn report to
10the circuit clerk of venue and the Department of Natural
11Resources upon receipt of the test results.
12 4. A person must submit to each chemical test offered by
13the law enforcement officer in order to comply with the
14implied consent provisions of this Section.
15 5. The provisions of Section 11-501.2 of the Illinois
16Vehicle Code, as amended, concerning the certification and use
17of chemical tests apply to the use of such tests under this
18Section.
19 (C) Upon the trial of any civil or criminal action or
20proceeding arising out of acts alleged to have been committed
21by any person while operating a watercraft while under the
22influence of alcohol, other drug or drugs, intoxicating
23compound or compounds, or combination thereof, the
24concentration of alcohol, drug, or compound in the person's
25blood, other bodily substance, or breath at the time alleged
26as shown by analysis of a person's blood, urine, breath, or

SB0481- 72 -LRB102 11459 LNS 16793 b
1other bodily substance shall give rise to the presumptions
2specified in subdivisions 1, 2, and 3 of subsection (b) and
3subsection (b-5) of Section 11-501.2 of the Illinois Vehicle
4Code. The foregoing provisions of this subsection (C) shall
5not be construed as limiting the introduction of any other
6relevant evidence bearing upon the question whether the person
7was under the influence of alcohol, other drug or drugs,
8intoxicating compound or compounds, or a combination thereof.
9 (D) If a person under arrest refuses to submit to a
10chemical test under the provisions of this Section, evidence
11of refusal shall be admissible in any civil or criminal action
12or proceeding arising out of acts alleged to have been
13committed while the person under the influence of alcohol,
14other drug or drugs, intoxicating compound or compounds, or
15combination of them was operating a watercraft.
16 (E) The owner of any watercraft or any person given
17supervisory authority over a watercraft, may not knowingly
18permit a watercraft to be operated by any person under the
19influence of alcohol, other drug or drugs, intoxicating
20compound or compounds, or combination thereof.
21 (F) Whenever any person is convicted or found guilty of a
22violation of this Section, including any person placed on
23court supervision, the court shall notify the Office of Law
24Enforcement of the Department of Natural Resources, to provide
25the Department with the records essential for the performance
26of the Department's duties to monitor and enforce any order of

SB0481- 73 -LRB102 11459 LNS 16793 b
1suspension or revocation concerning the privilege to operate a
2watercraft.
3 (G) No person who has been arrested and charged for
4violating paragraph 1 of subsection (A) of this Section shall
5operate any watercraft within this State for a period of 24
6hours after such arrest.
7(Source: P.A. 99-697, eff. 7-29-16.)
8 Section 25. The Clerks of Courts Act is amended by
9changing Section 27.1b as follows:
10 (705 ILCS 105/27.1b)
11 (Section scheduled to be repealed on January 1, 2022)
12 Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
13other provision of law, all fees charged by the clerks of the
14circuit court for the services described in this Section shall
15be established, collected, and disbursed in accordance with
16this Section. Except as otherwise specified in this Section,
17all fees under this Section shall be paid in advance and
18disbursed by each clerk on a monthly basis. In a county with a
19population of over 3,000,000, units of local government and
20school districts shall not be required to pay fees under this
21Section in advance and the clerk shall instead send an
22itemized bill to the unit of local government or school
23district, within 30 days of the fee being incurred, and the
24unit of local government or school district shall be allowed

SB0481- 74 -LRB102 11459 LNS 16793 b
1at least 30 days from the date of the itemized bill to pay;
2these payments shall be disbursed by each clerk on a monthly
3basis. Unless otherwise specified in this Section, the amount
4of a fee shall be determined by ordinance or resolution of the
5county board and remitted to the county treasurer to be used
6for purposes related to the operation of the court system in
7the county. In a county with a population of over 3,000,000,
8any amount retained by the clerk of the circuit court or
9remitted to the county treasurer shall be subject to
10appropriation by the county board.
11 (a) Civil cases. The fee for filing a complaint, petition,
12or other pleading initiating a civil action shall be as set
13forth in the applicable schedule under this subsection in
14accordance with case categories established by the Supreme
15Court in schedules.
16 (1) SCHEDULE 1: not to exceed a total of $366 in a
17 county with a population of 3,000,000 or more and not to
18 exceed $316 in any other county, except as applied to
19 units of local government and school districts in counties
20 with more than 3,000,000 inhabitants an amount not to
21 exceed $190 through December 31, 2021 and $184 on and
22 after January 1, 2022. The fees collected under this
23 schedule shall be disbursed as follows:
24 (A) The clerk shall retain a sum, in an amount not
25 to exceed $55 in a county with a population of
26 3,000,000 or more and in an amount not to exceed $45 in

SB0481- 75 -LRB102 11459 LNS 16793 b
1 any other county determined by the clerk with the
2 approval of the Supreme Court, to be used for court
3 automation, court document storage, and administrative
4 purposes.
5 (B) The clerk shall remit up to $21 to the State
6 Treasurer. The State Treasurer shall deposit the
7 appropriate amounts, in accordance with the clerk's
8 instructions, as follows:
9 (i) up to $10, as specified by the Supreme
10 Court in accordance with Part 10A of Article II of
11 the Code of Civil Procedure, into the Mandatory
12 Arbitration Fund;
13 (ii) $2 into the Access to Justice Fund; and
14 (iii) $9 into the Supreme Court Special
15 Purposes Fund.
16 (C) The clerk shall remit a sum to the County
17 Treasurer, in an amount not to exceed $290 in a county
18 with a population of 3,000,000 or more and in an amount
19 not to exceed $250 in any other county, as specified by
20 ordinance or resolution passed by the county board,
21 for purposes related to the operation of the court
22 system in the county.
23 (2) SCHEDULE 2: not to exceed a total of $357 in a
24 county with a population of 3,000,000 or more and not to
25 exceed $266 in any other county, except as applied to
26 units of local government and school districts in counties

SB0481- 76 -LRB102 11459 LNS 16793 b
1 with more than 3,000,000 inhabitants an amount not to
2 exceed $190 through December 31, 2021 and $184 on and
3 after January 1, 2022. The fees collected under this
4 schedule shall be disbursed as follows:
5 (A) The clerk shall retain a sum, in an amount not
6 to exceed $55 in a county with a population of
7 3,000,000 or more and in an amount not to exceed $45 in
8 any other county determined by the clerk with the
9 approval of the Supreme Court, to be used for court
10 automation, court document storage, and administrative
11 purposes.
12 (B) The clerk shall remit up to $21 to the State
13 Treasurer. The State Treasurer shall deposit the
14 appropriate amounts, in accordance with the clerk's
15 instructions, as follows:
16 (i) up to $10, as specified by the Supreme
17 Court in accordance with Part 10A of Article II of
18 the Code of Civil Procedure, into the Mandatory
19 Arbitration Fund;
20 (ii) $2 into the Access to Justice Fund: and
21 (iii) $9 into the Supreme Court Special
22 Purposes Fund.
23 (C) The clerk shall remit a sum to the County
24 Treasurer, in an amount not to exceed $281 in a county
25 with a population of 3,000,000 or more and in an amount
26 not to exceed $200 in any other county, as specified by

SB0481- 77 -LRB102 11459 LNS 16793 b
1 ordinance or resolution passed by the county board,
2 for purposes related to the operation of the court
3 system in the county.
4 (3) SCHEDULE 3: not to exceed a total of $265 in a
5 county with a population of 3,000,000 or more and not to
6 exceed $89 in any other county, except as applied to units
7 of local government and school districts in counties with
8 more than 3,000,000 inhabitants an amount not to exceed
9 $190 through December 31, 2021 and $184 on and after
10 January 1, 2022. The fees collected under this schedule
11 shall be disbursed as follows:
12 (A) The clerk shall retain a sum, in an amount not
13 to exceed $55 in a county with a population of
14 3,000,000 or more and in an amount not to exceed $22 in
15 any other county determined by the clerk with the
16 approval of the Supreme Court, to be used for court
17 automation, court document storage, and administrative
18 purposes.
19 (B) The clerk shall remit $11 to the State
20 Treasurer. The State Treasurer shall deposit the
21 appropriate amounts in accordance with the clerk's
22 instructions, as follows:
23 (i) $2 into the Access to Justice Fund; and
24 (ii) $9 into the Supreme Court Special
25 Purposes Fund.
26 (C) The clerk shall remit a sum to the County

SB0481- 78 -LRB102 11459 LNS 16793 b
1 Treasurer, in an amount not to exceed $199 in a county
2 with a population of 3,000,000 or more and in an amount
3 not to exceed $56 in any other county, as specified by
4 ordinance or resolution passed by the county board,
5 for purposes related to the operation of the court
6 system in the county.
7 (4) SCHEDULE 4: $0.
8 (b) Appearance. The fee for filing an appearance in a
9civil action, including a cannabis civil law action under the
10Cannabis Control Act, shall be as set forth in the applicable
11schedule under this subsection in accordance with case
12categories established by the Supreme Court in schedules.
13 (1) SCHEDULE 1: not to exceed a total of $230 in a
14 county with a population of 3,000,000 or more and not to
15 exceed $191 in any other county, except as applied to
16 units of local government and school districts in counties
17 with more than 3,000,000 inhabitants an amount not to
18 exceed $75. The fees collected under this schedule shall
19 be disbursed as follows:
20 (A) The clerk shall retain a sum, in an amount not
21 to exceed $50 in a county with a population of
22 3,000,000 or more and in an amount not to exceed $45 in
23 any other county determined by the clerk with the
24 approval of the Supreme Court, to be used for court
25 automation, court document storage, and administrative
26 purposes.

SB0481- 79 -LRB102 11459 LNS 16793 b
1 (B) The clerk shall remit up to $21 to the State
2 Treasurer. The State Treasurer shall deposit the
3 appropriate amounts, in accordance with the clerk's
4 instructions, as follows:
5 (i) up to $10, as specified by the Supreme
6 Court in accordance with Part 10A of Article II of
7 the Code of Civil Procedure, into the Mandatory
8 Arbitration Fund;
9 (ii) $2 into the Access to Justice Fund; and
10 (iii) $9 into the Supreme Court Special
11 Purposes Fund.
12 (C) The clerk shall remit a sum to the County
13 Treasurer, in an amount not to exceed $159 in a county
14 with a population of 3,000,000 or more and in an amount
15 not to exceed $125 in any other county, as specified by
16 ordinance or resolution passed by the county board,
17 for purposes related to the operation of the court
18 system in the county.
19 (2) SCHEDULE 2: not to exceed a total of $130 in a
20 county with a population of 3,000,000 or more and not to
21 exceed $109 in any other county, except as applied to
22 units of local government and school districts in counties
23 with more than 3,000,000 inhabitants an amount not to
24 exceed $75. The fees collected under this schedule shall
25 be disbursed as follows:
26 (A) The clerk shall retain a sum, in an amount not

SB0481- 80 -LRB102 11459 LNS 16793 b
1 to exceed $50 in a county with a population of
2 3,000,000 or more and in an amount not to exceed $10 in
3 any other county determined by the clerk with the
4 approval of the Supreme Court, to be used for court
5 automation, court document storage, and administrative
6 purposes.
7 (B) The clerk shall remit $9 to the State
8 Treasurer, which the State Treasurer shall deposit
9 into the Supreme Court Special Purpose Fund.
10 (C) The clerk shall remit a sum to the County
11 Treasurer, in an amount not to exceed $71 in a county
12 with a population of 3,000,000 or more and in an amount
13 not to exceed $90 in any other county, as specified by
14 ordinance or resolution passed by the county board,
15 for purposes related to the operation of the court
16 system in the county.
17 (3) SCHEDULE 3: $0.
18 (b-5) Kane County and Will County. In Kane County and Will
19County civil cases, there is an additional fee of up to $30 as
20set by the county board under Section 5-1101.3 of the Counties
21Code to be paid by each party at the time of filing the first
22pleading, paper, or other appearance; provided that no
23additional fee shall be required if more than one party is
24represented in a single pleading, paper, or other appearance.
25Distribution of fees collected under this subsection (b-5)
26shall be as provided in Section 5-1101.3 of the Counties Code.

SB0481- 81 -LRB102 11459 LNS 16793 b
1 (c) Counterclaim or third party complaint. When any
2defendant files a counterclaim or third party complaint, as
3part of the defendant's answer or otherwise, the defendant
4shall pay a filing fee for each counterclaim or third party
5complaint in an amount equal to the filing fee the defendant
6would have had to pay had the defendant brought a separate
7action for the relief sought in the counterclaim or third
8party complaint, less the amount of the appearance fee, if
9any, that the defendant has already paid in the action in which
10the counterclaim or third party complaint is filed.
11 (d) Alias summons. The clerk shall collect a fee not to
12exceed $6 in a county with a population of 3,000,000 or more
13and not to exceed $5 in any other county for each alias summons
14or citation issued by the clerk, except as applied to units of
15local government and school districts in counties with more
16than 3,000,000 inhabitants an amount not to exceed $5 for each
17alias summons or citation issued by the clerk.
18 (e) Jury services. The clerk shall collect, in addition to
19other fees allowed by law, a sum not to exceed $212.50, as a
20fee for the services of a jury in every civil action not
21quasi-criminal in its nature and not a proceeding for the
22exercise of the right of eminent domain and in every other
23action wherein the right of trial by jury is or may be given by
24law. The jury fee shall be paid by the party demanding a jury
25at the time of filing the jury demand. If the fee is not paid
26by either party, no jury shall be called in the action or

SB0481- 82 -LRB102 11459 LNS 16793 b
1proceeding, and the action or proceeding shall be tried by the
2court without a jury.
3 (f) Change of venue. In connection with a change of venue:
4 (1) The clerk of the jurisdiction from which the case
5 is transferred may charge a fee, not to exceed $40, for the
6 preparation and certification of the record; and
7 (2) The clerk of the jurisdiction to which the case is
8 transferred may charge the same filing fee as if it were
9 the commencement of a new suit.
10 (g) Petition to vacate or modify.
11 (1) In a proceeding involving a petition to vacate or
12 modify any final judgment or order filed within 30 days
13 after the judgment or order was entered, except for an
14 eviction case, small claims case, petition to reopen an
15 estate, petition to modify, terminate, or enforce a
16 judgment or order for child or spousal support, or
17 petition to modify, suspend, or terminate an order for
18 withholding, the fee shall not exceed $60 in a county with
19 a population of 3,000,000 or more and shall not exceed $50
20 in any other county, except as applied to units of local
21 government and school districts in counties with more than
22 3,000,000 inhabitants an amount not to exceed $50.
23 (2) In a proceeding involving a petition to vacate or
24 modify any final judgment or order filed more than 30 days
25 after the judgment or order was entered, except for a
26 petition to modify, terminate, or enforce a judgment or

SB0481- 83 -LRB102 11459 LNS 16793 b
1 order for child or spousal support, or petition to modify,
2 suspend, or terminate an order for withholding, the fee
3 shall not exceed $75.
4 (3) In a proceeding involving a motion to vacate or
5 amend a final order, motion to vacate an ex parte
6 judgment, judgment of forfeiture, or "failure to appear"
7 or "failure to comply" notices sent to the Secretary of
8 State, the fee shall equal $40.
9 (h) Appeals preparation. The fee for preparation of a
10record on appeal shall be based on the number of pages, as
11follows:
12 (1) if the record contains no more than 100 pages, the
13 fee shall not exceed $70 in a county with a population of
14 3,000,000 or more and shall not exceed $50 in any other
15 county;
16 (2) if the record contains between 100 and 200 pages,
17 the fee shall not exceed $100; and
18 (3) if the record contains 200 or more pages, the
19 clerk may collect an additional fee not to exceed 25 cents
20 per page.
21 (i) Remands. In any cases remanded to the circuit court
22from the Supreme Court or the appellate court for a new trial,
23the clerk shall reinstate the case with either its original
24number or a new number. The clerk shall not charge any new or
25additional fee for the reinstatement. Upon reinstatement, the
26clerk shall advise the parties of the reinstatement. Parties

SB0481- 84 -LRB102 11459 LNS 16793 b
1shall have the same right to a jury trial on remand and
2reinstatement that they had before the appeal, and no
3additional or new fee or charge shall be made for a jury trial
4after remand.
5 (j) Garnishment, wage deduction, and citation. In
6garnishment affidavit, wage deduction affidavit, and citation
7petition proceedings:
8 (1) if the amount in controversy in the proceeding is
9 not more than $1,000, the fee may not exceed $35 in a
10 county with a population of 3,000,000 or more and may not
11 exceed $15 in any other county, except as applied to units
12 of local government and school districts in counties with
13 more than 3,000,000 inhabitants an amount not to exceed
14 $15;
15 (2) if the amount in controversy in the proceeding is
16 greater than $1,000 and not more than $5,000, the fee may
17 not exceed $45 in a county with a population of 3,000,000
18 or more and may not exceed $30 in any other county, except
19 as applied to units of local government and school
20 districts in counties with more than 3,000,000 inhabitants
21 an amount not to exceed $30; and
22 (3) if the amount in controversy in the proceeding is
23 greater than $5,000, the fee may not exceed $65 in a county
24 with a population of 3,000,000 or more and may not exceed
25 $50 in any other county, except as applied to units of
26 local government and school districts in counties with

SB0481- 85 -LRB102 11459 LNS 16793 b
1 more than 3,000,000 inhabitants an amount not to exceed
2 $50.
3 (j-5) Debt collection. In any proceeding to collect a debt
4subject to the exception in item (ii) of subparagraph (A-5) of
5paragraph (1) of subsection (z) of this Section, the circuit
6court shall order and the clerk shall collect from each
7judgment debtor a fee of:
8 (1) $35 if the amount in controversy in the proceeding
9 is not more than $1,000;
10 (2) $45 if the amount in controversy in the proceeding
11 is greater than $1,000 and not more than $5,000; and
12 (3) $65 if the amount in controversy in the proceeding
13 is greater than $5,000.
14 (k) Collections.
15 (1) For all collections made of others, except the
16 State and county and except in maintenance or child
17 support cases, the clerk may collect a fee of up to 2.5% of
18 the amount collected and turned over.
19 (2) In child support and maintenance cases, the clerk
20 may collect an annual fee of up to $36 from the person
21 making payment for maintaining child support records and
22 the processing of support orders to the State of Illinois
23 KIDS system and the recording of payments issued by the
24 State Disbursement Unit for the official record of the
25 Court. This fee is in addition to and separate from
26 amounts ordered to be paid as maintenance or child support

SB0481- 86 -LRB102 11459 LNS 16793 b
1 and shall be deposited into a Separate Maintenance and
2 Child Support Collection Fund, of which the clerk shall be
3 the custodian, ex officio, to be used by the clerk to
4 maintain child support orders and record all payments
5 issued by the State Disbursement Unit for the official
6 record of the Court. The clerk may recover from the person
7 making the maintenance or child support payment any
8 additional cost incurred in the collection of this annual
9 fee.
10 (3) The clerk may collect a fee of $5 for
11 certifications made to the Secretary of State as provided
12 in Section 7-703 of the Illinois Vehicle Code, and this
13 fee shall be deposited into the Separate Maintenance and
14 Child Support Collection Fund.
15 (4) In proceedings to foreclose the lien of delinquent
16 real estate taxes, State's Attorneys shall receive a fee
17 of 10% of the total amount realized from the sale of real
18 estate sold in the proceedings. The clerk shall collect
19 the fee from the total amount realized from the sale of the
20 real estate sold in the proceedings and remit to the
21 County Treasurer to be credited to the earnings of the
22 Office of the State's Attorney.
23 (l) Mailing. The fee for the clerk mailing documents shall
24not exceed $10 plus the cost of postage.
25 (m) Certified copies. The fee for each certified copy of a
26judgment, after the first copy, shall not exceed $10.

SB0481- 87 -LRB102 11459 LNS 16793 b
1 (n) Certification, authentication, and reproduction.
2 (1) The fee for each certification or authentication
3 for taking the acknowledgment of a deed or other
4 instrument in writing with the seal of office shall not
5 exceed $6.
6 (2) The fee for reproduction of any document contained
7 in the clerk's files shall not exceed:
8 (A) $2 for the first page;
9 (B) 50 cents per page for the next 19 pages; and
10 (C) 25 cents per page for all additional pages.
11 (o) Record search. For each record search, within a
12division or municipal district, the clerk may collect a search
13fee not to exceed $6 for each year searched.
14 (p) Hard copy. For each page of hard copy print output,
15when case records are maintained on an automated medium, the
16clerk may collect a fee not to exceed $10 in a county with a
17population of 3,000,000 or more and not to exceed $6 in any
18other county, except as applied to units of local government
19and school districts in counties with more than 3,000,000
20inhabitants an amount not to exceed $6.
21 (q) Index inquiry and other records. No fee shall be
22charged for a single plaintiff and defendant index inquiry or
23single case record inquiry when this request is made in person
24and the records are maintained in a current automated medium,
25and when no hard copy print output is requested. The fees to be
26charged for management records, multiple case records, and

SB0481- 88 -LRB102 11459 LNS 16793 b
1multiple journal records may be specified by the Chief Judge
2pursuant to the guidelines for access and dissemination of
3information approved by the Supreme Court.
4 (r) Performing a marriage. There shall be a $10 fee for
5performing a marriage in court.
6 (s) Voluntary assignment. For filing each deed of
7voluntary assignment, the clerk shall collect a fee not to
8exceed $20. For recording a deed of voluntary assignment, the
9clerk shall collect a fee not to exceed 50 cents for each 100
10words. Exceptions filed to claims presented to an assignee of
11a debtor who has made a voluntary assignment for the benefit of
12creditors shall be considered and treated, for the purpose of
13taxing costs therein, as actions in which the party or parties
14filing the exceptions shall be considered as party or parties
15plaintiff, and the claimant or claimants as party or parties
16defendant, and those parties respectively shall pay to the
17clerk the same fees as provided by this Section to be paid in
18other actions.
19 (t) Expungement petition. The clerk may collect a fee not
20to exceed $60 for each expungement petition filed and an
21additional fee not to exceed $4 for each certified copy of an
22order to expunge arrest records.
23 (u) Transcripts of judgment. For the filing of a
24transcript of judgment, the clerk may collect the same fee as
25if it were the commencement of a new suit.
26 (v) Probate filings.

SB0481- 89 -LRB102 11459 LNS 16793 b
1 (1) For each account (other than one final account)
2 filed in the estate of a decedent, or ward, the fee shall
3 not exceed $25.
4 (2) For filing a claim in an estate when the amount
5 claimed is greater than $150 and not more than $500, the
6 fee shall not exceed $40 in a county with a population of
7 3,000,000 or more and shall not exceed $25 in any other
8 county; when the amount claimed is greater than $500 and
9 not more than $10,000, the fee shall not exceed $55 in a
10 county with a population of 3,000,000 or more and shall
11 not exceed $40 in any other county; and when the amount
12 claimed is more than $10,000, the fee shall not exceed $75
13 in a county with a population of 3,000,000 or more and
14 shall not exceed $60 in any other county; except the court
15 in allowing a claim may add to the amount allowed the
16 filing fee paid by the claimant.
17 (3) For filing in an estate a claim, petition, or
18 supplemental proceeding based upon an action seeking
19 equitable relief including the construction or contest of
20 a will, enforcement of a contract to make a will, and
21 proceedings involving testamentary trusts or the
22 appointment of testamentary trustees, the fee shall not
23 exceed $60.
24 (4) There shall be no fee for filing in an estate: (i)
25 the appearance of any person for the purpose of consent;
26 or (ii) the appearance of an executor, administrator,

SB0481- 90 -LRB102 11459 LNS 16793 b
1 administrator to collect, guardian, guardian ad litem, or
2 special administrator.
3 (5) For each jury demand, the fee shall not exceed
4 $137.50.
5 (6) For each certified copy of letters of office, of
6 court order, or other certification, the fee shall not
7 exceed $2 per page.
8 (7) For each exemplification, the fee shall not exceed
9 $2, plus the fee for certification.
10 (8) The executor, administrator, guardian, petitioner,
11 or other interested person or his or her attorney shall
12 pay the cost of publication by the clerk directly to the
13 newspaper.
14 (9) The person on whose behalf a charge is incurred
15 for witness, court reporter, appraiser, or other
16 miscellaneous fees shall pay the same directly to the
17 person entitled thereto.
18 (10) The executor, administrator, guardian,
19 petitioner, or other interested person or his or her
20 attorney shall pay to the clerk all postage charges
21 incurred by the clerk in mailing petitions, orders,
22 notices, or other documents pursuant to the provisions of
23 the Probate Act of 1975.
24 (w) Corrections of numbers. For correction of the case
25number, case title, or attorney computer identification
26number, if required by rule of court, on any document filed in

SB0481- 91 -LRB102 11459 LNS 16793 b
1the clerk's office, to be charged against the party that filed
2the document, the fee shall not exceed $25.
3 (x) Miscellaneous.
4 (1) Interest earned on any fees collected by the clerk
5 shall be turned over to the county general fund as an
6 earning of the office.
7 (2) For any check, draft, or other bank instrument
8 returned to the clerk for non-sufficient funds, account
9 closed, or payment stopped, the clerk shall collect a fee
10 of $25.
11 (y) Other fees. Any fees not covered in this Section shall
12be set by rule or administrative order of the circuit court
13with the approval of the Administrative Office of the Illinois
14Courts. The clerk of the circuit court may provide services in
15connection with the operation of the clerk's office, other
16than those services mentioned in this Section, as may be
17requested by the public and agreed to by the clerk and approved
18by the Chief Judge. Any charges for additional services shall
19be as agreed to between the clerk and the party making the
20request and approved by the Chief Judge. Nothing in this
21subsection shall be construed to require any clerk to provide
22any service not otherwise required by law.
23 (y-5) Unpaid fees. Unless a court ordered payment schedule
24is implemented or the fee requirements of this Section are
25waived under a court order, the clerk of the circuit court may
26add to any unpaid fees and costs under this Section a

SB0481- 92 -LRB102 11459 LNS 16793 b
1delinquency amount equal to 5% of the unpaid fees that remain
2unpaid after 30 days, 10% of the unpaid fees that remain unpaid
3after 60 days, and 15% of the unpaid fees that remain unpaid
4after 90 days. Notice to those parties may be made by signage
5posting or publication. The additional delinquency amounts
6collected under this Section shall be deposited into the
7Circuit Court Clerk Operations and Administration Fund and
8used to defray additional administrative costs incurred by the
9clerk of the circuit court in collecting unpaid fees and
10costs.
11 (z) Exceptions.
12 (1) No fee authorized by this Section shall apply to:
13 (A) police departments or other law enforcement
14 agencies. In this Section, "law enforcement agency"
15 means: an agency of the State or agency of a unit of
16 local government which is vested by law or ordinance
17 with the duty to maintain public order and to enforce
18 criminal laws or ordinances; the Attorney General; or
19 any State's Attorney;
20 (A-5) any unit of local government or school
21 district, except in counties having a population of
22 500,000 or more the county board may by resolution set
23 fees for units of local government or school districts
24 no greater than the minimum fees applicable in
25 counties with a population less than 3,000,000;
26 provided however, no fee may be charged to any unit of

SB0481- 93 -LRB102 11459 LNS 16793 b
1 local government or school district in connection with
2 any action which, in whole or in part, is: (i) to
3 enforce an ordinance; (ii) to collect a debt; or (iii)
4 under the Administrative Review Law;
5 (B) any action instituted by the corporate
6 authority of a municipality with more than 1,000,000
7 inhabitants under Section 11-31-1 of the Illinois
8 Municipal Code and any action instituted under
9 subsection (b) of Section 11-31-1 of the Illinois
10 Municipal Code by a private owner or tenant of real
11 property within 1,200 feet of a dangerous or unsafe
12 building seeking an order compelling the owner or
13 owners of the building to take any of the actions
14 authorized under that subsection;
15 (C) any commitment petition or petition for an
16 order authorizing the administration of psychotropic
17 medication or electroconvulsive therapy under the
18 Mental Health and Developmental Disabilities Code;
19 (D) a petitioner in any order of protection
20 proceeding, including, but not limited to, fees for
21 filing, modifying, withdrawing, certifying, or
22 photocopying petitions for orders of protection,
23 issuing alias summons, any related filing service, or
24 certifying, modifying, vacating, or photocopying any
25 orders of protection; or
26 (E) proceedings for the appointment of a

SB0481- 94 -LRB102 11459 LNS 16793 b
1 confidential intermediary under the Adoption Act.
2 (2) No fee other than the filing fee contained in the
3 applicable schedule in subsection (a) shall be charged to
4 any person in connection with an adoption proceeding.
5 (3) Upon good cause shown, the court may waive any
6 fees associated with a special needs adoption. The term
7 "special needs adoption" has the meaning provided by the
8 Illinois Department of Children and Family Services.
9 (aa) This Section is repealed on January 1, 2026 2022.
10(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
11100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised
128-18-20.)
13 Section 30. The Criminal and Traffic Assessment Act is
14amended by changing Sections 15-70 and 20-5 as follows:
15 (705 ILCS 135/15-70)
16 (Section scheduled to be repealed on January 1, 2022)
17 Sec. 15-70. Conditional assessments. In addition to
18payments under one of the Schedule of Assessments 1 through 13
19of this Act, the court shall also order payment of any of the
20following conditional assessment amounts for each sentenced
21violation in the case to which a conditional assessment is
22applicable, which shall be collected and remitted by the Clerk
23of the Circuit Court as provided in this Section:
24 (1) arson, residential arson, or aggravated arson,

SB0481- 95 -LRB102 11459 LNS 16793 b
1 $500 per conviction to the State Treasurer for deposit
2 into the Fire Prevention Fund;
3 (2) child pornography under Section 11-20.1 of the
4 Criminal Code of 1961 or the Criminal Code of 2012, $500
5 per conviction, unless more than one agency is responsible
6 for the arrest in which case the amount shall be remitted
7 to each unit of government equally:
8 (A) if the arresting agency is an agency of a unit
9 of local government, $500 to the treasurer of the unit
10 of local government for deposit into the unit of local
11 government's General Fund, except that if the
12 Department of State Police provides digital or
13 electronic forensic examination assistance, or both,
14 to the arresting agency then $100 to the State
15 Treasurer for deposit into the State Crime Laboratory
16 Fund; or
17 (B) if the arresting agency is the Department of
18 State Police, $500 to the State Treasurer for deposit
19 into the State Crime Laboratory Fund;
20 (3) crime laboratory drug analysis for a drug-related
21 offense involving possession or delivery of cannabis or
22 possession or delivery of a controlled substance as
23 defined in the Cannabis Control Act, the Illinois
24 Controlled Substances Act, or the Methamphetamine Control
25 and Community Protection Act, $100 reimbursement for
26 laboratory analysis, as set forth in subsection (f) of

SB0481- 96 -LRB102 11459 LNS 16793 b
1 Section 5-9-1.4 of the Unified Code of Corrections;
2 (4) DNA analysis, $250 on each conviction in which it
3 was used to the State Treasurer for deposit into the State
4 Offender DNA Identification System Fund as set forth in
5 Section 5-4-3 of the Unified Code of Corrections;
6 (5) DUI analysis, $150 on each sentenced violation in
7 which it was used as set forth in subsection (f) of Section
8 5-9-1.9 of the Unified Code of Corrections;
9 (6) drug-related offense involving possession or
10 delivery of cannabis or possession or delivery of a
11 controlled substance, other than methamphetamine, as
12 defined in the Cannabis Control Act or the Illinois
13 Controlled Substances Act, an amount not less than the
14 full street value of the cannabis or controlled substance
15 seized for each conviction to be disbursed as follows:
16 (A) 12.5% of the street value assessment shall be
17 paid into the Youth Drug Abuse Prevention Fund, to be
18 used by the Department of Human Services for the
19 funding of programs and services for drug-abuse
20 treatment, and prevention and education services;
21 (B) 37.5% to the county in which the charge was
22 prosecuted, to be deposited into the county General
23 Fund;
24 (C) 50% to the treasurer of the arresting law
25 enforcement agency of the municipality or county, or
26 to the State Treasurer if the arresting agency was a

SB0481- 97 -LRB102 11459 LNS 16793 b
1 state agency, to be deposited as provided in
2 subsection (c) of Section 10-5;
3 (D) if the arrest was made in combination with
4 multiple law enforcement agencies, the clerk shall
5 equitably allocate the portion in subparagraph (C) of
6 this paragraph (6) among the law enforcement agencies
7 involved in the arrest;
8 (6.5) Kane County or Will County, in felony,
9 misdemeanor, local or county ordinance, traffic, or
10 conservation cases, up to $30 as set by the county board
11 under Section 5-1101.3 of the Counties Code upon the entry
12 of a judgment of conviction, an order of supervision, or a
13 sentence of probation without entry of judgment under
14 Section 10 of the Cannabis Control Act, Section 410 of the
15 Illinois Controlled Substances Act, Section 70 of the
16 Methamphetamine Control and Community Protection Act,
17 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
18 the Criminal Code of 1961 or the Criminal Code of 2012,
19 Section 10-102 of the Illinois Alcoholism and Other Drug
20 Dependency Act, or Section 10 of the Steroid Control Act;
21 except in local or county ordinance, traffic, and
22 conservation cases, if fines are paid in full without a
23 court appearance, then the assessment shall not be imposed
24 or collected. Distribution of assessments collected under
25 this paragraph (6.5) shall be as provided in Section
26 5-1101.3 of the Counties Code;

SB0481- 98 -LRB102 11459 LNS 16793 b
1 (7) methamphetamine-related offense involving
2 possession or delivery of methamphetamine or any salt of
3 an optical isomer of methamphetamine or possession of a
4 methamphetamine manufacturing material as set forth in
5 Section 10 of the Methamphetamine Control and Community
6 Protection Act with the intent to manufacture a substance
7 containing methamphetamine or salt of an optical isomer of
8 methamphetamine, an amount not less than the full street
9 value of the methamphetamine or salt of an optical isomer
10 of methamphetamine or methamphetamine manufacturing
11 materials seized for each conviction to be disbursed as
12 follows:
13 (A) 12.5% of the street value assessment shall be
14 paid into the Youth Drug Abuse Prevention Fund, to be
15 used by the Department of Human Services for the
16 funding of programs and services for drug-abuse
17 treatment, and prevention and education services;
18 (B) 37.5% to the county in which the charge was
19 prosecuted, to be deposited into the county General
20 Fund;
21 (C) 50% to the treasurer of the arresting law
22 enforcement agency of the municipality or county, or
23 to the State Treasurer if the arresting agency was a
24 state agency, to be deposited as provided in
25 subsection (c) of Section 10-5;
26 (D) if the arrest was made in combination with

SB0481- 99 -LRB102 11459 LNS 16793 b
1 multiple law enforcement agencies, the clerk shall
2 equitably allocate the portion in subparagraph (C) of
3 this paragraph (6) among the law enforcement agencies
4 involved in the arrest;
5 (8) order of protection violation under Section 12-3.4
6 of the Criminal Code of 2012, $200 for each conviction to
7 the county treasurer for deposit into the Probation and
8 Court Services Fund for implementation of a domestic
9 violence surveillance program and any other assessments or
10 fees imposed under Section 5-9-1.16 of the Unified Code of
11 Corrections;
12 (9) order of protection violation, $25 for each
13 violation to the State Treasurer, for deposit into the
14 Domestic Violence Abuser Services Fund;
15 (10) prosecution by the State's Attorney of a:
16 (A) petty or business offense, $4 to the county
17 treasurer of which $2 deposited into the State's
18 Attorney Records Automation Fund and $2 into the
19 Public Defender Records Automation Fund;
20 (B) conservation or traffic offense, $2 to the
21 county treasurer for deposit into the State's Attorney
22 Records Automation Fund;
23 (11) speeding in a construction zone violation, $250
24 to the State Treasurer for deposit into the Transportation
25 Safety Highway Hire-back Fund, unless (i) the violation
26 occurred on a highway other than an interstate highway and

SB0481- 100 -LRB102 11459 LNS 16793 b
1 (ii) a county police officer wrote the ticket for the
2 violation, in which case to the county treasurer for
3 deposit into that county's Transportation Safety Highway
4 Hire-back Fund;
5 (12) supervision disposition on an offense under the
6 Illinois Vehicle Code or similar provision of a local
7 ordinance, 50 cents, unless waived by the court, into the
8 Prisoner Review Board Vehicle and Equipment Fund;
9 (13) victim and offender are family or household
10 members as defined in Section 103 of the Illinois Domestic
11 Violence Act of 1986 and offender pleads guilty or no
12 contest to or is convicted of murder, voluntary
13 manslaughter, involuntary manslaughter, burglary,
14 residential burglary, criminal trespass to residence,
15 criminal trespass to vehicle, criminal trespass to land,
16 criminal damage to property, telephone harassment,
17 kidnapping, aggravated kidnaping, unlawful restraint,
18 forcible detention, child abduction, indecent solicitation
19 of a child, sexual relations between siblings,
20 exploitation of a child, child pornography, assault,
21 aggravated assault, battery, aggravated battery, heinous
22 battery, aggravated battery of a child, domestic battery,
23 reckless conduct, intimidation, criminal sexual assault,
24 predatory criminal sexual assault of a child, aggravated
25 criminal sexual assault, criminal sexual abuse, aggravated
26 criminal sexual abuse, violation of an order of

SB0481- 101 -LRB102 11459 LNS 16793 b
1 protection, disorderly conduct, endangering the life or
2 health of a child, child abandonment, contributing to
3 dependency or neglect of child, or cruelty to children and
4 others, $200 for each sentenced violation to the State
5 Treasurer for deposit as follows: (i) for sexual assault,
6 as defined in Section 5-9-1.7 of the Unified Code of
7 Corrections, when the offender and victim are family
8 members, one-half to the Domestic Violence Shelter and
9 Service Fund, and one-half to the Sexual Assault Services
10 Fund; (ii) for the remaining offenses to the Domestic
11 Violence Shelter and Service Fund;
12 (14) violation of Section 11-501 of the Illinois
13 Vehicle Code, Section 5-7 of the Snowmobile Registration
14 and Safety Act, Section 5-16 of the Boat Registration and
15 Safety Act, or a similar provision, whose operation of a
16 motor vehicle, snowmobile, or watercraft while in
17 violation of Section 11-501, Section 5-7 of the Snowmobile
18 Registration and Safety Act, Section 5-16 of the Boat
19 Registration and Safety Act, or a similar provision
20 proximately caused an incident resulting in an appropriate
21 emergency response, $1,000 maximum to the public agency
22 that provided an emergency response related to the
23 person's violation, or as provided in subsection (c) of
24 Section 10-5 if the arresting agency was a State agency,
25 unless more than one agency was responsible for the
26 arrest, in which case the amount shall be remitted to each

SB0481- 102 -LRB102 11459 LNS 16793 b
1 unit of government equally and if more than one agency
2 responded, the amount payable to public agencies shall be
3 shared equally;
4 (15) violation of Section 401, 407, or 407.2 of the
5 Illinois Controlled Substances Act that proximately caused
6 any incident resulting in an appropriate drug-related
7 emergency response, $1,000 as reimbursement for the
8 emergency response to the law enforcement agency that made
9 the arrest, or as provided in subsection (c) of Section
10 10-5 if the arresting agency was a State agency, unless
11 more than one agency was responsible for the arrest, in
12 which case the amount shall be remitted to each unit of
13 government equally and if more than one agency is
14 responsible for the arrest, the amount payable to law
15 enforcement agencies shall be shared equally;
16 (16) violation of reckless driving, aggravated
17 reckless driving, or driving 26 miles per hour or more in
18 excess of the speed limit that triggered an emergency
19 response, $1,000 maximum reimbursement for the emergency
20 response to be distributed in its entirety to a public
21 agency that provided an emergency response related to the
22 person's violation, or as provided in subsection (c) of
23 Section 10-5 if the arresting agency was a State agency,
24 unless more than one agency was responsible for the
25 arrest, in which case the amount shall be remitted to each
26 unit of government equally and if more than one agency

SB0481- 103 -LRB102 11459 LNS 16793 b
1 responded, the amount payable to public agencies shall be
2 shared equally;
3 (17) violation based upon each plea of guilty,
4 stipulation of facts, or finding of guilt resulting in a
5 judgment of conviction or order of supervision for an
6 offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
7 the Criminal Code of 2012 that results in the imposition
8 of a fine, to be distributed as follows:
9 (A) $50 to the county treasurer for deposit into
10 the Circuit Court Clerk Operation and Administrative
11 Fund to cover the costs in administering this
12 paragraph (17);
13 (B) $300 to the State Treasurer who shall deposit
14 the portion as follows:
15 (i) if the arresting or investigating agency
16 is the Department of State Police, into the State
17 Police Law Enforcement Administration Fund;
18 (ii) if the arresting or investigating agency
19 is the Department of Natural Resources, into the
20 Conservation Police Operations Assistance Fund;
21 (iii) if the arresting or investigating agency
22 is the Secretary of State, into the Secretary of
23 State Police Services Fund;
24 (iv) if the arresting or investigating agency
25 is the Illinois Commerce Commission, into the
26 Transportation Regulatory Fund; or

SB0481- 104 -LRB102 11459 LNS 16793 b
1 (v) if more than one of the State agencies in
2 this subparagraph (B) is the arresting or
3 investigating agency, then equal shares with the
4 shares deposited as provided in the applicable
5 items (i) through (iv) of this subparagraph (B);
6 and
7 (C) the remainder for deposit into the Specialized
8 Services for Survivors of Human Trafficking Fund;
9 (18) weapons violation under Section 24-1.1, 24-1.2,
10 or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
11 of 2012, $100 for each conviction to the State Treasurer
12 for deposit into the Trauma Center Fund; and
13 (19) violation of subsection (c) of Section 11-907 of
14 the Illinois Vehicle Code, $250 to the State Treasurer for
15 deposit into the Scott's Law Fund, unless a county or
16 municipal police officer wrote the ticket for the
17 violation, in which case to the county treasurer for
18 deposit into that county's or municipality's
19 Transportation Safety Highway Hire-back Fund to be used as
20 provided in subsection (j) of Section 11-907 of the
21 Illinois Vehicle Code.
22(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
23101-173, eff. 1-1-20; 101-636, eff. 6-10-20.)
24 (705 ILCS 135/20-5)
25 (Section scheduled to be repealed on January 1, 2022)

SB0481- 105 -LRB102 11459 LNS 16793 b
1 Sec. 20-5. Repeal. This Act is repealed on January 1, 2026
22022.
3(Source: P.A. 100-987, eff. 7-1-19; 101-645, eff. 6-26-20.)
4 Section 35. The Cannabis Control Act is amended by
5changing Section 8 as follows:
6 (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
7 Sec. 8. Except as otherwise provided in the Cannabis
8Regulation and Tax Act and the Industrial Hemp Act, it is
9unlawful for any person knowingly to produce the Cannabis
10sativa plant or to possess such plants unless production or
11possession has been authorized pursuant to the provisions of
12Section 11 or 15.2 of the Act. Any person who violates this
13Section with respect to production or possession of:
14 (a) Not more than 5 plants is guilty of a civil
15 violation punishable by a minimum fine of $100 and a
16 maximum fine of $200. The proceeds of the fine are payable
17 to the clerk of the circuit court. Within 30 days after the
18 deposit of the fine, the clerk shall distribute the
19 proceeds of the fine as follows:
20 (1) $10 of the fine to the circuit clerk and $10 of
21 the fine to the law enforcement agency that issued the
22 citation; the proceeds of each $10 fine distributed to
23 the circuit clerk and each $10 fine distributed to the
24 law enforcement agency that issued the citation for

SB0481- 106 -LRB102 11459 LNS 16793 b
1 the violation shall be used to defer the cost of
2 automatic expungements under paragraph (2.5) of
3 subsection (a) of Section 5.2 of the Criminal
4 Identification Act;
5 (2) $15 to the county to fund drug addiction
6 services;
7 (3) $10 to the Office of the State's Attorneys
8 Appellate Prosecutor for use in training programs;
9 (4) $10 to the State's Attorney; and
10 (5) any remainder of the fine to the law
11 enforcement agency that issued the citation for the
12 violation.
13 With respect to funds designated for the Department of
14 State Police, the moneys shall be remitted by the circuit
15 court clerk to the State Treasurer Department of State
16 Police within one month after receipt for deposit into the
17 State Police Operations Assistance Fund. With respect to
18 funds designated for the Department of Natural Resources,
19 the Department of Natural Resources shall deposit the
20 moneys into the Conservation Police Operations Assistance
21 Fund.
22 (b) More than 5, but not more than 20 plants, is guilty
23 of a Class 4 felony.
24 (c) More than 20, but not more than 50 plants, is
25 guilty of a Class 3 felony.
26 (d) More than 50, but not more than 200 plants, is

SB0481- 107 -LRB102 11459 LNS 16793 b
1 guilty of a Class 2 felony for which a fine not to exceed
2 $100,000 may be imposed and for which liability for the
3 cost of conducting the investigation and eradicating such
4 plants may be assessed. Compensation for expenses incurred
5 in the enforcement of this provision shall be transmitted
6 to and deposited in the treasurer's office at the level of
7 government represented by the Illinois law enforcement
8 agency whose officers or employees conducted the
9 investigation or caused the arrest or arrests leading to
10 the prosecution, to be subsequently made available to that
11 law enforcement agency as expendable receipts for use in
12 the enforcement of laws regulating controlled substances
13 and cannabis. If such seizure was made by a combination of
14 law enforcement personnel representing different levels of
15 government, the court levying the assessment shall
16 determine the allocation of such assessment. The proceeds
17 of assessment awarded to the State treasury shall be
18 deposited in a special fund known as the Drug Traffic
19 Prevention Fund.
20 (e) More than 200 plants is guilty of a Class 1 felony
21 for which a fine not to exceed $100,000 may be imposed and
22 for which liability for the cost of conducting the
23 investigation and eradicating such plants may be assessed.
24 Compensation for expenses incurred in the enforcement of
25 this provision shall be transmitted to and deposited in
26 the treasurer's office at the level of government

SB0481- 108 -LRB102 11459 LNS 16793 b
1 represented by the Illinois law enforcement agency whose
2 officers or employees conducted the investigation or
3 caused the arrest or arrests leading to the prosecution,
4 to be subsequently made available to that law enforcement
5 agency as expendable receipts for use in the enforcement
6 of laws regulating controlled substances and cannabis. If
7 such seizure was made by a combination of law enforcement
8 personnel representing different levels of government, the
9 court levying the assessment shall determine the
10 allocation of such assessment. The proceeds of assessment
11 awarded to the State treasury shall be deposited in a
12 special fund known as the Drug Traffic Prevention Fund.
13(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
14 Section 40. The Unified Code of Corrections is amended by
15changing Section 5-9-1.9 as follows:
16 (730 ILCS 5/5-9-1.9)
17 Sec. 5-9-1.9. DUI analysis fee.
18 (a) "Crime laboratory" means a not-for-profit laboratory
19substantially funded by a single unit or combination of units
20of local government or the State of Illinois that regularly
21employs at least one person engaged in the DUI analysis of
22blood, other bodily substance, and urine for criminal justice
23agencies in criminal matters and provides testimony with
24respect to such examinations.

SB0481- 109 -LRB102 11459 LNS 16793 b
1 "DUI analysis" means an analysis of blood, other bodily
2substance, or urine for purposes of determining whether a
3violation of Section 11-501 of the Illinois Vehicle Code has
4occurred.
5 (b) (Blank).
6 (c) In addition to any other disposition made under the
7provisions of the Juvenile Court Act of 1987, any minor
8adjudicated delinquent for an offense which if committed by an
9adult would constitute a violation of Section 11-501 of the
10Illinois Vehicle Code shall pay a crime laboratory DUI
11analysis assessment of $150 for each adjudication. Upon
12verified petition of the minor, the court may suspend payment
13of all or part of the assessment if it finds that the minor
14does not have the ability to pay the assessment. The parent,
15guardian, or legal custodian of the minor may pay some or all
16of the assessment on the minor's behalf.
17 (d) All crime laboratory DUI analysis assessments provided
18for by this Section shall be collected by the clerk of the
19court and forwarded to the appropriate crime laboratory DUI
20fund as provided in subsection (f).
21 (e) Crime laboratory funds shall be established as
22follows:
23 (1) A unit of local government that maintains a crime
24 laboratory may establish a crime laboratory DUI fund
25 within the office of the county or municipal treasurer.
26 (2) Any combination of units of local government that

SB0481- 110 -LRB102 11459 LNS 16793 b
1 maintains a crime laboratory may establish a crime
2 laboratory DUI fund within the office of the treasurer of
3 the county where the crime laboratory is situated.
4 (3) The State Police DUI Fund is created as a special
5 fund in the State Treasury.
6 (f) The analysis assessment provided for in subsection (c)
7of this Section shall be forwarded to the office of the
8treasurer of the unit of local government that performed the
9analysis if that unit of local government has established a
10crime laboratory DUI fund, or remitted to the State Treasurer
11for deposit into the State Crime Laboratory Fund if the
12analysis was performed by a laboratory operated by the
13Department of State Police. If the analysis was performed by a
14crime laboratory funded by a combination of units of local
15government, the analysis assessment shall be forwarded to the
16treasurer of the county where the crime laboratory is situated
17if a crime laboratory DUI fund has been established in that
18county. If the unit of local government or combination of
19units of local government has not established a crime
20laboratory DUI fund, then the analysis assessment shall be
21remitted forwarded to the State Treasurer for deposit into the
22State Crime Laboratory Fund.
23 (g) Moneys deposited into a crime laboratory DUI fund
24created under paragraphs (1) and (2) of subsection (e) of this
25Section shall be in addition to any allocations made pursuant
26to existing law and shall be designated for the exclusive use

SB0481- 111 -LRB102 11459 LNS 16793 b
1of the crime laboratory. These uses may include, but are not
2limited to, the following:
3 (1) Costs incurred in providing analysis for DUI
4 investigations conducted within this State.
5 (2) Purchase and maintenance of equipment for use in
6 performing analyses.
7 (3) Continuing education, training, and professional
8 development of forensic scientists regularly employed by
9 these laboratories.
10 (h) Moneys deposited in the State Crime Laboratory Fund
11shall be used by State crime laboratories as designated by the
12Director of State Police. These funds shall be in addition to
13any allocations made according to existing law and shall be
14designated for the exclusive use of State crime laboratories.
15These uses may include those enumerated in subsection (g) of
16this Section.
17(Source: P.A. 99-697, eff. 7-29-16; 100-987, eff. 7-1-19;
18100-1161, eff. 7-1-19.)
19 Section 99. Effective date. This Act takes effect upon
20becoming law.
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