Bill Text: IL SB1409 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Criminal Identification Act. Provides that the court shall not order the sealing of the records of arrests or charges not initiated by arrest which result in a conviction for financial exploitation of an elderly person or a person with a disability, aggravated identity theft against a person 60 years of age or older or a person with a disability, abuse or criminal neglect of a long term care facility resident, or criminal abuse or neglect of an elderly person or person with a disability. Amends the Criminal Code of 2012. Provides that a person who commits the offense of financial exploitation of an elderly person or a person with a disability may be tried in any one of the following counties in which (1) any part of the offense occurred or (2) the victim or one of the victims reside. Provides that theft by deception from a person with a disability is a Class 2 felony. Provides that consent shall not be a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2017-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB1409 Detail]

Download: Illinois-2017-SB1409-Engrossed.html



SB1409 EngrossedLRB100 08173 RLC 18268 b
1 AN ACT concerning criminal law.
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 and sealing.
8 (a) General Provisions.
9 (1) Definitions. In this Act, words and phrases have
10 the meanings set forth in this subsection, except when a
11 particular context clearly requires a different meaning.
12 (A) The following terms shall have the meanings
13 ascribed to them in the Unified Code of Corrections,
14 730 ILCS 5/5-1-2 through 5/5-1-22:
15 (i) Business Offense (730 ILCS 5/5-1-2),
16 (ii) Charge (730 ILCS 5/5-1-3),
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),

SB1409 Engrossed- 2 -LRB100 08173 RLC 18268 b
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 by
15 a legally constituted jury or by a court of competent
16 jurisdiction authorized to try the case without a jury.
17 An order of supervision successfully completed by the
18 petitioner is not a conviction. An order of qualified
19 probation (as defined in subsection (a)(1)(J))
20 successfully completed by the petitioner is not a
21 conviction. An order of supervision or an order of
22 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.

SB1409 Engrossed- 3 -LRB100 08173 RLC 18268 b
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

SB1409 Engrossed- 4 -LRB100 08173 RLC 18268 b
1 are last in time, they shall be collectively considered
2 the "last sentence" regardless of whether they were
3 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 (H) "Municipal ordinance violation" means an
9 offense defined by a municipal or local ordinance that
10 is criminal in nature and with which the petitioner was
11 charged or for which the petitioner was arrested and
12 released without charging.
13 (I) "Petitioner" means an adult or a minor
14 prosecuted as an adult who has applied for relief under
15 this Section.
16 (J) "Qualified probation" means an order of
17 probation under Section 10 of the Cannabis Control Act,
18 Section 410 of the Illinois Controlled Substances Act,
19 Section 70 of the Methamphetamine Control and
20 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
21 of the Unified Code of Corrections, Section
22 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
23 those provisions existed before their deletion by
24 Public Act 89-313), Section 10-102 of the Illinois
25 Alcoholism and Other Drug Dependency Act, Section
26 40-10 of the Alcoholism and Other Drug Abuse and

SB1409 Engrossed- 5 -LRB100 08173 RLC 18268 b
1 Dependency Act, or Section 10 of the Steroid Control
2 Act. For the purpose of this Section, "successful
3 completion" of an order of qualified probation under
4 Section 10-102 of the Illinois Alcoholism and Other
5 Drug Dependency Act and Section 40-10 of the Alcoholism
6 and Other Drug Abuse and Dependency Act means that the
7 probation was terminated satisfactorily and the
8 judgment of conviction was vacated.
9 (K) "Seal" means to physically and electronically
10 maintain the records, unless the records would
11 otherwise be destroyed due to age, but to make the
12 records unavailable without a court order, subject to
13 the exceptions in Sections 12 and 13 of this Act. The
14 petitioner's name shall also be obliterated from the
15 official index required to be kept by the circuit court
16 clerk under Section 16 of the Clerks of Courts Act, but
17 any index issued by the circuit court clerk before the
18 entry of the order to seal shall not be affected.
19 (L) "Sexual offense committed against a minor"
20 includes but is not limited to the offenses of indecent
21 solicitation of a child or criminal sexual abuse when
22 the victim of such offense is under 18 years of age.
23 (M) "Terminate" as it relates to a sentence or
24 order of supervision or qualified probation includes
25 either satisfactory or unsatisfactory termination of
26 the sentence, unless otherwise specified in this

SB1409 Engrossed- 6 -LRB100 08173 RLC 18268 b
1 Section.
2 (2) Minor Traffic Offenses. Orders of supervision or
3 convictions for minor traffic offenses shall not affect a
4 petitioner's eligibility to expunge or seal records
5 pursuant to this Section.
6 (2.5) Commencing 180 days after July 29, 2016 (the
7 effective date of Public Act 99-697) this amendatory Act of
8 the 99th General Assembly, the law enforcement agency
9 issuing the citation shall automatically expunge, on or
10 before January 1 and July 1 of each year, the law
11 enforcement records of a person found to have committed a
12 civil law violation of subsection (a) of Section 4 of the
13 Cannabis Control Act or subsection (c) of Section 3.5 of
14 the Drug Paraphernalia Control Act in the law enforcement
15 agency's possession or control and which contains the final
16 satisfactory disposition which pertain to the person
17 issued a citation for that offense. The law enforcement
18 agency shall provide by rule the process for access,
19 review, and to confirm the automatic expungement by the law
20 enforcement agency issuing the citation. Commencing 180
21 days after July 29, 2016 (the effective date of Public Act
22 99-697) this amendatory Act of the 99th General Assembly,
23 the clerk of the circuit court shall expunge, upon order of
24 the court, or in the absence of a court order on or before
25 January 1 and July 1 of each year, the court records of a
26 person found in the circuit court to have committed a civil

SB1409 Engrossed- 7 -LRB100 08173 RLC 18268 b
1 law violation of subsection (a) of Section 4 of the
2 Cannabis Control Act or subsection (c) of Section 3.5 of
3 the Drug Paraphernalia Control Act in the clerk's
4 possession or control and which contains the final
5 satisfactory disposition which pertain to the person
6 issued a citation for any of those offenses.
7 (3) Exclusions. Except as otherwise provided in
8 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
9 of this Section, the court shall not order:
10 (A) the sealing or expungement of the records of
11 arrests or charges not initiated by arrest that result
12 in an order of supervision for or conviction of: (i)
13 any sexual offense committed against a minor; (ii)
14 Section 11-501 of the Illinois Vehicle Code or a
15 similar provision of a local ordinance; or (iii)
16 Section 11-503 of the Illinois Vehicle Code or a
17 similar provision of a local ordinance, unless the
18 arrest or charge is for a misdemeanor violation of
19 subsection (a) of Section 11-503 or a similar provision
20 of a local ordinance, that occurred prior to the
21 offender reaching the age of 25 years and the offender
22 has no other conviction for violating Section 11-501 or
23 11-503 of the Illinois Vehicle Code or a similar
24 provision of a local ordinance.
25 (B) the sealing or expungement of records of minor
26 traffic offenses (as defined in subsection (a)(1)(G)),

SB1409 Engrossed- 8 -LRB100 08173 RLC 18268 b
1 unless the petitioner was arrested and released
2 without charging.
3 (C) the sealing of the records of arrests or
4 charges not initiated by arrest which result in an
5 order of supervision or a conviction for the following
6 offenses:
7 (i) offenses included in Article 11 of the
8 Criminal Code of 1961 or the Criminal Code of 2012
9 or a similar provision of a local ordinance, except
10 Section 11-14 of the Criminal Code of 1961 or the
11 Criminal Code of 2012, or a similar provision of a
12 local ordinance;
13 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
14 26-5, or 48-1 of the Criminal Code of 1961 or the
15 Criminal Code of 2012, or a similar provision of a
16 local ordinance;
17 (iii) Sections 12-3.1 or 12-3.2 of the
18 Criminal Code of 1961 or the Criminal Code of 2012,
19 or Section 125 of the Stalking No Contact Order
20 Act, or Section 219 of the Civil No Contact Order
21 Act, or a similar provision of a local ordinance;
22 (iv) offenses which are Class A misdemeanors
23 under the Humane Care for Animals Act; or
24 (v) any offense or attempted offense that
25 would subject a person to registration under the
26 Sex Offender Registration Act; or .

SB1409 Engrossed- 9 -LRB100 08173 RLC 18268 b
1 (vi) Section 16-1.3, 12-21, 16G-20, 12-4.4a,
2 or 17-56 or paragraph (1) of subsection (b) of
3 Section 16-30 of the Criminal Code of 1961 or the
4 Criminal Code of 2012 or a similar provision of a
5 local ordinance.
6 (D) the sealing of the records of an arrest which
7 results in the petitioner being charged with a felony
8 offense or records of a charge not initiated by arrest
9 for a felony offense unless:
10 (i) the charge is amended to a misdemeanor and
11 is otherwise eligible to be sealed pursuant to
12 subsection (c);
13 (ii) the charge is brought along with another
14 charge as a part of one case and the charge results
15 in acquittal, dismissal, or conviction when the
16 conviction was reversed or vacated, and another
17 charge brought in the same case results in a
18 disposition for a misdemeanor offense that is
19 eligible to be sealed pursuant to subsection (c) or
20 a disposition listed in paragraph (i), (iii), or
21 (iv) of this subsection;
22 (iii) the charge results in first offender
23 probation as set forth in subsection (c)(2)(E);
24 (iv) the charge is for a felony offense listed
25 in subsection (c)(2)(F) or the charge is amended to
26 a felony offense listed in subsection (c)(2)(F);

SB1409 Engrossed- 10 -LRB100 08173 RLC 18268 b
1 (v) the charge results in acquittal,
2 dismissal, or the petitioner's release without
3 conviction; or
4 (vi) the charge results in a conviction, but
5 the conviction was reversed or vacated.
6 (b) Expungement.
7 (1) A petitioner may petition the circuit court to
8 expunge the records of his or her arrests and charges not
9 initiated by arrest when each arrest or charge not
10 initiated by arrest sought to be expunged resulted in: (i)
11 acquittal, dismissal, or the petitioner's release without
12 charging, unless excluded by subsection (a)(3)(B); (ii) a
13 conviction which was vacated or reversed, unless excluded
14 by subsection (a)(3)(B); (iii) an order of supervision and
15 such supervision was successfully completed by the
16 petitioner, unless excluded by subsection (a)(3)(A) or
17 (a)(3)(B); or (iv) an order of qualified probation (as
18 defined in subsection (a)(1)(J)) and such probation was
19 successfully completed by the petitioner.
20 (1.5) When a petitioner seeks to have a record of
21 arrest expunged under this Section, and the offender has
22 been convicted of a criminal offense, the State's Attorney
23 may object to the expungement on the grounds that the
24 records contain specific relevant information aside from
25 the mere fact of the arrest.
26 (2) Time frame for filing a petition to expunge.

SB1409 Engrossed- 11 -LRB100 08173 RLC 18268 b
1 (A) When the arrest or charge not initiated by
2 arrest sought to be expunged resulted in an acquittal,
3 dismissal, the petitioner's release without charging,
4 or the reversal or vacation of a conviction, there is
5 no waiting period to petition for the expungement of
6 such records.
7 (B) When the arrest or charge not initiated by
8 arrest sought to be expunged resulted in an order of
9 supervision, successfully completed by the petitioner,
10 the following time frames will apply:
11 (i) Those arrests or charges that resulted in
12 orders of supervision under Section 3-707, 3-708,
13 3-710, or 5-401.3 of the Illinois Vehicle Code or a
14 similar provision of a local ordinance, or under
15 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
16 Code of 1961 or the Criminal Code of 2012, or a
17 similar provision of a local ordinance, shall not
18 be eligible for expungement until 5 years have
19 passed following the satisfactory termination of
20 the supervision.
21 (i-5) Those arrests or charges that resulted
22 in orders of supervision for a misdemeanor
23 violation of subsection (a) of Section 11-503 of
24 the Illinois Vehicle Code or a similar provision of
25 a local ordinance, that occurred prior to the
26 offender reaching the age of 25 years and the

SB1409 Engrossed- 12 -LRB100 08173 RLC 18268 b
1 offender has no other conviction for violating
2 Section 11-501 or 11-503 of the Illinois Vehicle
3 Code or a similar provision of a local ordinance
4 shall not be eligible for expungement until the
5 petitioner has reached the age of 25 years.
6 (ii) Those arrests or charges that resulted in
7 orders of supervision for any other offenses shall
8 not be eligible for expungement until 2 years have
9 passed following the satisfactory termination of
10 the supervision.
11 (C) When the arrest or charge not initiated by
12 arrest sought to be expunged resulted in an order of
13 qualified probation, successfully completed by the
14 petitioner, such records shall not be eligible for
15 expungement until 5 years have passed following the
16 satisfactory termination of the probation.
17 (3) Those records maintained by the Department for
18 persons arrested prior to their 17th birthday shall be
19 expunged as provided in Section 5-915 of the Juvenile Court
20 Act of 1987.
21 (4) Whenever a person has been arrested for or
22 convicted of any offense, in the name of a person whose
23 identity he or she has stolen or otherwise come into
24 possession of, the aggrieved person from whom the identity
25 was stolen or otherwise obtained without authorization,
26 upon learning of the person having been arrested using his

SB1409 Engrossed- 13 -LRB100 08173 RLC 18268 b
1 or her identity, may, upon verified petition to the chief
2 judge of the circuit wherein the arrest was made, have a
3 court order entered nunc pro tunc by the Chief Judge to
4 correct the arrest record, conviction record, if any, and
5 all official records of the arresting authority, the
6 Department, other criminal justice agencies, the
7 prosecutor, and the trial court concerning such arrest, if
8 any, by removing his or her name from all such records in
9 connection with the arrest and conviction, if any, and by
10 inserting in the records the name of the offender, if known
11 or ascertainable, in lieu of the aggrieved's name. The
12 records of the circuit court clerk shall be sealed until
13 further order of the court upon good cause shown and the
14 name of the aggrieved person obliterated on the official
15 index required to be kept by the circuit court clerk under
16 Section 16 of the Clerks of Courts Act, but the order shall
17 not affect any index issued by the circuit court clerk
18 before the entry of the order. Nothing in this Section
19 shall limit the Department of State Police or other
20 criminal justice agencies or prosecutors from listing
21 under an offender's name the false names he or she has
22 used.
23 (5) Whenever a person has been convicted of criminal
24 sexual assault, aggravated criminal sexual assault,
25 predatory criminal sexual assault of a child, criminal
26 sexual abuse, or aggravated criminal sexual abuse, the

SB1409 Engrossed- 14 -LRB100 08173 RLC 18268 b
1 victim of that offense may request that the State's
2 Attorney of the county in which the conviction occurred
3 file a verified petition with the presiding trial judge at
4 the petitioner's trial to have a court order entered to
5 seal the records of the circuit court clerk in connection
6 with the proceedings of the trial court concerning that
7 offense. However, the records of the arresting authority
8 and the Department of State Police concerning the offense
9 shall not be sealed. The court, upon good cause shown,
10 shall make the records of the circuit court clerk in
11 connection with the proceedings of the trial court
12 concerning the offense available for public inspection.
13 (6) If a conviction has been set aside on direct review
14 or on collateral attack and the court determines by clear
15 and convincing evidence that the petitioner was factually
16 innocent of the charge, the court that finds the petitioner
17 factually innocent of the charge shall enter an expungement
18 order for the conviction for which the petitioner has been
19 determined to be innocent as provided in subsection (b) of
20 Section 5-5-4 of the Unified Code of Corrections.
21 (7) Nothing in this Section shall prevent the
22 Department of State Police from maintaining all records of
23 any person who is admitted to probation upon terms and
24 conditions and who fulfills those terms and conditions
25 pursuant to Section 10 of the Cannabis Control Act, Section
26 410 of the Illinois Controlled Substances Act, Section 70

SB1409 Engrossed- 15 -LRB100 08173 RLC 18268 b
1 of the Methamphetamine Control and Community Protection
2 Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
3 Corrections, Section 12-4.3 or subdivision (b)(1) of
4 Section 12-3.05 of the Criminal Code of 1961 or the
5 Criminal Code of 2012, Section 10-102 of the Illinois
6 Alcoholism and Other Drug Dependency Act, Section 40-10 of
7 the Alcoholism and Other Drug Abuse and Dependency Act, or
8 Section 10 of the Steroid Control Act.
9 (8) If the petitioner has been granted a certificate of
10 innocence under Section 2-702 of the Code of Civil
11 Procedure, the court that grants the certificate of
12 innocence shall also enter an order expunging the
13 conviction for which the petitioner has been determined to
14 be innocent as provided in subsection (h) of Section 2-702
15 of the Code of Civil Procedure.
16 (c) Sealing.
17 (1) Applicability. Notwithstanding any other provision
18 of this Act to the contrary, and cumulative with any rights
19 to expungement of criminal records, this subsection
20 authorizes the sealing of criminal records of adults and of
21 minors prosecuted as adults.
22 (2) Eligible Records. The following records may be
23 sealed:
24 (A) All arrests resulting in release without
25 charging;
26 (B) Arrests or charges not initiated by arrest

SB1409 Engrossed- 16 -LRB100 08173 RLC 18268 b
1 resulting in acquittal, dismissal, or conviction when
2 the conviction was reversed or vacated, except as
3 excluded by subsection (a)(3)(B);
4 (C) Arrests or charges not initiated by arrest
5 resulting in orders of supervision, including orders
6 of supervision for municipal ordinance violations,
7 successfully completed by the petitioner, unless
8 excluded by subsection (a)(3);
9 (D) Arrests or charges not initiated by arrest
10 resulting in convictions, including convictions on
11 municipal ordinance violations, unless excluded by
12 subsection (a)(3);
13 (E) Arrests or charges not initiated by arrest
14 resulting in orders of first offender probation under
15 Section 10 of the Cannabis Control Act, Section 410 of
16 the Illinois Controlled Substances Act, Section 70 of
17 the Methamphetamine Control and Community Protection
18 Act, or Section 5-6-3.3 of the Unified Code of
19 Corrections; and
20 (F) Arrests or charges not initiated by arrest
21 resulting in felony convictions for the following
22 offenses:
23 (i) Class 4 felony convictions for:
24 Prostitution under Section 11-14 of the
25 Criminal Code of 1961 or the Criminal Code of
26 2012.

SB1409 Engrossed- 17 -LRB100 08173 RLC 18268 b
1 Possession of cannabis under Section 4 of
2 the Cannabis Control Act.
3 Possession of a controlled substance under
4 Section 402 of the Illinois Controlled
5 Substances Act.
6 Offenses under the Methamphetamine
7 Precursor Control Act.
8 Offenses under the Steroid Control Act.
9 Theft under Section 16-1 of the Criminal
10 Code of 1961 or the Criminal Code of 2012.
11 Retail theft under Section 16A-3 or
12 paragraph (a) of 16-25 of the Criminal Code of
13 1961 or the Criminal Code of 2012.
14 Deceptive practices under Section 17-1 of
15 the Criminal Code of 1961 or the Criminal Code
16 of 2012.
17 Forgery under Section 17-3 of the Criminal
18 Code of 1961 or the Criminal Code of 2012.
19 Possession of burglary tools under Section
20 19-2 of the Criminal Code of 1961 or the
21 Criminal Code of 2012.
22 (ii) Class 3 felony convictions for:
23 Theft under Section 16-1 of the Criminal
24 Code of 1961 or the Criminal Code of 2012.
25 Retail theft under Section 16A-3 or
26 paragraph (a) of 16-25 of the Criminal Code of

SB1409 Engrossed- 18 -LRB100 08173 RLC 18268 b
1 1961 or the Criminal Code of 2012.
2 Deceptive practices under Section 17-1 of
3 the Criminal Code of 1961 or the Criminal Code
4 of 2012.
5 Forgery under Section 17-3 of the Criminal
6 Code of 1961 or the Criminal Code of 2012.
7 Possession with intent to manufacture or
8 deliver a controlled substance under Section
9 401 of the Illinois Controlled Substances Act.
10 (3) When Records Are Eligible to Be Sealed. Records
11 identified as eligible under subsection (c)(2) may be
12 sealed as follows:
13 (A) Records identified as eligible under
14 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
15 time.
16 (B) Except as otherwise provided in subparagraph
17 (E) of this paragraph (3), records identified as
18 eligible under subsection (c)(2)(C) may be sealed 2
19 years after the termination of petitioner's last
20 sentence (as defined in subsection (a)(1)(F)).
21 (C) Except as otherwise provided in subparagraph
22 (E) of this paragraph (3), records identified as
23 eligible under subsections (c)(2)(D), (c)(2)(E), and
24 (c)(2)(F) may be sealed 3 years after the termination
25 of the petitioner's last sentence (as defined in
26 subsection (a)(1)(F)).

SB1409 Engrossed- 19 -LRB100 08173 RLC 18268 b
1 (D) Records identified in subsection
2 (a)(3)(A)(iii) may be sealed after the petitioner has
3 reached the age of 25 years.
4 (E) Records identified as eligible under
5 subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
6 (c)(2)(F) may be sealed upon termination of the
7 petitioner's last sentence if the petitioner earned a
8 high school diploma, associate's degree, career
9 certificate, vocational technical certification, or
10 bachelor's degree, or passed the high school level Test
11 of General Educational Development, during the period
12 of his or her sentence, aftercare release, or mandatory
13 supervised release. This subparagraph shall apply only
14 to a petitioner who has not completed the same
15 educational goal prior to the period of his or her
16 sentence, aftercare release, or mandatory supervised
17 release. If a petition for sealing eligible records
18 filed under this subparagraph is denied by the court,
19 the time periods under subparagraph (B) or (C) shall
20 apply to any subsequent petition for sealing filed by
21 the petitioner.
22 (4) Subsequent felony convictions. A person may not
23 have subsequent felony conviction records sealed as
24 provided in this subsection (c) if he or she is convicted
25 of any felony offense after the date of the sealing of
26 prior felony convictions as provided in this subsection

SB1409 Engrossed- 20 -LRB100 08173 RLC 18268 b
1 (c). The court may, upon conviction for a subsequent felony
2 offense, order the unsealing of prior felony conviction
3 records previously ordered sealed by the court.
4 (5) Notice of eligibility for sealing. Upon entry of a
5 disposition for an eligible record under this subsection
6 (c), the petitioner shall be informed by the court of the
7 right to have the records sealed and the procedures for the
8 sealing of the records.
9 (d) Procedure. The following procedures apply to
10expungement under subsections (b), (e), and (e-6) and sealing
11under subsections (c) and (e-5):
12 (1) Filing the petition. Upon becoming eligible to
13 petition for the expungement or sealing of records under
14 this Section, the petitioner shall file a petition
15 requesting the expungement or sealing of records with the
16 clerk of the court where the arrests occurred or the
17 charges were brought, or both. If arrests occurred or
18 charges were brought in multiple jurisdictions, a petition
19 must be filed in each such jurisdiction. The petitioner
20 shall pay the applicable fee, except no fee shall be
21 required if the petitioner has obtained a court order
22 waiving fees under Supreme Court Rule 298 or it is
23 otherwise waived.
24 (1.5) County fee waiver pilot program. In a county of
25 3,000,000 or more inhabitants, no fee shall be required to
26 be paid by a petitioner if the records sought to be

SB1409 Engrossed- 21 -LRB100 08173 RLC 18268 b
1 expunged or sealed were arrests resulting in release
2 without charging or arrests or charges not initiated by
3 arrest resulting in acquittal, dismissal, or conviction
4 when the conviction was reversed or vacated, unless
5 excluded by subsection (a)(3)(B). The provisions of this
6 paragraph (1.5), other than this sentence, are inoperative
7 on and after January 1, 2018 or one year after January 1,
8 2017 (the effective date of Public Act 99-881) this
9 amendatory Act of the 99th General Assembly, whichever is
10 later.
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 (10)
22 of subsection (a) of Section 3-3-2 of the Unified Code of
23 Corrections, the certificate shall be attached to the
24 petition.
25 (3) Drug test. The petitioner must attach to the
26 petition proof that the petitioner has passed a test taken

SB1409 Engrossed- 22 -LRB100 08173 RLC 18268 b
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 the
18 State's Attorney or prosecutor charged with the duty of
19 prosecuting the offense, the Department of State Police,
20 the arresting agency and the chief legal officer of the
21 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 basis

SB1409 Engrossed- 23 -LRB100 08173 RLC 18268 b
1 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 (7) Hearings. If an objection is filed, the court shall
23 set a date for a hearing and notify the petitioner and all
24 parties entitled to notice of the petition of the hearing
25 date at least 30 days prior to the hearing. Prior to the
26 hearing, the State's Attorney shall consult with the

SB1409 Engrossed- 24 -LRB100 08173 RLC 18268 b
1 Department as to the appropriateness of the relief sought
2 in the petition to expunge or seal. At the hearing, the
3 court shall hear evidence on whether the petition should or
4 should not be granted, and shall grant or deny the petition
5 to expunge or seal the records based on the evidence
6 presented at the hearing. The court may consider the
7 following:
8 (A) the strength of the evidence supporting the
9 defendant's conviction;
10 (B) the reasons for retention of the conviction
11 records by the State;
12 (C) the petitioner's age, criminal record history,
13 and employment history;
14 (D) the period of time between the petitioner's
15 arrest on the charge resulting in the conviction and
16 the filing of the petition under this Section; and
17 (E) the specific adverse consequences the
18 petitioner may be subject to if the petition is denied.
19 (8) Service of order. After entering an order to
20 expunge or seal records, the court must provide copies of
21 the order to the Department, in a form and manner
22 prescribed by the Department, to the petitioner, to the
23 State's Attorney or prosecutor charged with the duty of
24 prosecuting the offense, to the arresting agency, to the
25 chief legal officer of the unit of local government
26 effecting the arrest, and to such other criminal justice

SB1409 Engrossed- 25 -LRB100 08173 RLC 18268 b
1 agencies as may be ordered by the court.
2 (9) Implementation of order.
3 (A) Upon entry of an order to expunge records
4 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
5 (i) the records shall be expunged (as defined
6 in subsection (a)(1)(E)) by the arresting agency,
7 the Department, and any other agency as ordered by
8 the court, within 60 days of the date of service of
9 the order, unless a motion to vacate, modify, or
10 reconsider the order is filed pursuant to
11 paragraph (12) of subsection (d) of this Section;
12 (ii) the records of the circuit court clerk
13 shall be impounded until further order of the court
14 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 and
21 (iii) in response to an inquiry for expunged
22 records, the court, the Department, or the agency
23 receiving such inquiry, shall reply as it does in
24 response to inquiries when no records ever
25 existed.
26 (B) Upon entry of an order to expunge records

SB1409 Engrossed- 26 -LRB100 08173 RLC 18268 b
1 pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
2 (i) the records shall be expunged (as defined
3 in subsection (a)(1)(E)) by the arresting agency
4 and any other agency as ordered by the court,
5 within 60 days of the date of service of the order,
6 unless a motion to vacate, modify, or reconsider
7 the order is filed pursuant to paragraph (12) of
8 subsection (d) of this Section;
9 (ii) the records of the circuit court clerk
10 shall be impounded until further order of the court
11 upon good cause shown and the name of the
12 petitioner obliterated on the official index
13 required to be kept by the circuit court clerk
14 under Section 16 of the Clerks of Courts Act, but
15 the order shall not affect any index issued by the
16 circuit court clerk before the entry of the order;
17 (iii) the records shall be impounded by the
18 Department within 60 days of the date of service of
19 the order as ordered by the court, unless a motion
20 to vacate, modify, or reconsider the order is filed
21 pursuant to paragraph (12) of subsection (d) of
22 this Section;
23 (iv) records impounded by the Department may
24 be disseminated by the Department only as required
25 by law or to the arresting authority, the State's
26 Attorney, and the court upon a later arrest for the

SB1409 Engrossed- 27 -LRB100 08173 RLC 18268 b
1 same or a similar offense or for the purpose of
2 sentencing for any subsequent felony, and to the
3 Department of Corrections upon conviction for any
4 offense; and
5 (v) in response to an inquiry for such records
6 from anyone not authorized by law to access such
7 records, the court, the Department, or the agency
8 receiving such inquiry shall reply as it does in
9 response to inquiries when no records ever
10 existed.
11 (B-5) Upon entry of an order to expunge records
12 under subsection (e-6):
13 (i) the records shall be expunged (as defined
14 in subsection (a)(1)(E)) by the arresting agency
15 and any other agency as ordered by the court,
16 within 60 days of the date of service of the order,
17 unless a motion to vacate, modify, or reconsider
18 the order is filed under paragraph (12) of
19 subsection (d) of this Section;
20 (ii) the records of the circuit court clerk
21 shall be impounded until further order of the court
22 upon good cause shown and the name of the
23 petitioner obliterated on the official index
24 required to be kept by the circuit court clerk
25 under Section 16 of the Clerks of Courts Act, but
26 the order shall not affect any index issued by the

SB1409 Engrossed- 28 -LRB100 08173 RLC 18268 b
1 circuit court clerk before the entry of the order;
2 (iii) the records shall be impounded by the
3 Department within 60 days of the date of service of
4 the order as ordered by the court, unless a motion
5 to vacate, modify, or reconsider the order is filed
6 under paragraph (12) of subsection (d) of this
7 Section;
8 (iv) records impounded by the Department may
9 be disseminated by the Department only as required
10 by law or to the arresting authority, the State's
11 Attorney, and the court upon a later arrest for the
12 same or a similar offense or for the purpose of
13 sentencing for any subsequent felony, and to the
14 Department of Corrections upon conviction for any
15 offense; and
16 (v) in response to an inquiry for these records
17 from anyone not authorized by law to access the
18 records, the court, the Department, or the agency
19 receiving the inquiry shall reply as it does in
20 response to inquiries when no records ever
21 existed.
22 (C) Upon entry of an order to seal records under
23 subsection (c), the arresting agency, any other agency
24 as ordered by the court, the Department, and the court
25 shall seal the records (as defined in subsection
26 (a)(1)(K)). In response to an inquiry for such records,

SB1409 Engrossed- 29 -LRB100 08173 RLC 18268 b
1 from anyone not authorized by law to access such
2 records, the court, the Department, or the agency
3 receiving such inquiry shall reply as it does in
4 response to inquiries when no records ever existed.
5 (D) The Department shall send written notice to the
6 petitioner of its compliance with each order to expunge
7 or seal records within 60 days of the date of service
8 of that order or, if a motion to vacate, modify, or
9 reconsider is filed, within 60 days of service of the
10 order resolving the motion, if that order requires the
11 Department to expunge or seal records. In the event of
12 an appeal from the circuit court order, the Department
13 shall send written notice to the petitioner of its
14 compliance with an Appellate Court or Supreme Court
15 judgment to expunge or seal records within 60 days of
16 the issuance of the court's mandate. The notice is not
17 required while any motion to vacate, modify, or
18 reconsider, or any appeal or petition for
19 discretionary appellate review, is pending.
20 (10) Fees. The Department may charge the petitioner a
21 fee equivalent to the cost of processing any order to
22 expunge or seal records. Notwithstanding any provision of
23 the Clerks of Courts Act to the contrary, the circuit court
24 clerk may charge a fee equivalent to the cost associated
25 with the sealing or expungement of records by the circuit
26 court clerk. From the total filing fee collected for the

SB1409 Engrossed- 30 -LRB100 08173 RLC 18268 b
1 petition to seal or expunge, the circuit court clerk shall
2 deposit $10 into the Circuit Court Clerk Operation and
3 Administrative Fund, to be used to offset the costs
4 incurred by the circuit court clerk in performing the
5 additional duties required to serve the petition to seal or
6 expunge on all parties. The circuit court clerk shall
7 collect and forward the Department of State Police portion
8 of the fee to the Department and it shall be deposited in
9 the State Police Services Fund.
10 (11) Final Order. No court order issued under the
11 expungement or sealing provisions of this Section shall
12 become final for purposes of appeal until 30 days after
13 service of the order on the petitioner and all parties
14 entitled to notice of the petition.
15 (12) Motion to Vacate, Modify, or Reconsider. Under
16 Section 2-1203 of the Code of Civil Procedure, the
17 petitioner or any party entitled to notice may file a
18 motion to vacate, modify, or reconsider the order granting
19 or denying the petition to expunge or seal within 60 days
20 of service of the order. If filed more than 60 days after
21 service of the order, a petition to vacate, modify, or
22 reconsider shall comply with subsection (c) of Section
23 2-1401 of the Code of Civil Procedure. Upon filing of a
24 motion to vacate, modify, or reconsider, notice of the
25 motion shall be served upon the petitioner and all parties
26 entitled to notice of the petition.

SB1409 Engrossed- 31 -LRB100 08173 RLC 18268 b
1 (13) Effect of Order. An order granting a petition
2 under the expungement or sealing provisions of this Section
3 shall not be considered void because it fails to comply
4 with the provisions of this Section or because of any error
5 asserted in a motion to vacate, modify, or reconsider. The
6 circuit court retains jurisdiction to determine whether
7 the order is voidable and to vacate, modify, or reconsider
8 its terms based on a motion filed under paragraph (12) of
9 this subsection (d).
10 (14) Compliance with Order Granting Petition to Seal
11 Records. Unless a court has entered a stay of an order
12 granting a petition to seal, all parties entitled to notice
13 of the petition must fully comply with the terms of the
14 order within 60 days of service of the order even if a
15 party is seeking relief from the order through a motion
16 filed under paragraph (12) of this subsection (d) or is
17 appealing the order.
18 (15) Compliance with Order Granting Petition to
19 Expunge Records. While a party is seeking relief from the
20 order granting the petition to expunge through a motion
21 filed under paragraph (12) of this subsection (d) or is
22 appealing the order, and unless a court has entered a stay
23 of that order, the parties entitled to notice of the
24 petition must seal, but need not expunge, the records until
25 there is a final order on the motion for relief or, in the
26 case of an appeal, the issuance of that court's mandate.

SB1409 Engrossed- 32 -LRB100 08173 RLC 18268 b
1 (16) The changes to this subsection (d) made by Public
2 Act 98-163 apply to all petitions pending on August 5, 2013
3 (the effective date of Public Act 98-163) and to all orders
4 ruling on a petition to expunge or seal on or after August
5 5, 2013 (the effective date of Public Act 98-163).
6 (e) Whenever a person who has been convicted of an offense
7is granted a pardon by the Governor which specifically
8authorizes expungement, he or she may, upon verified petition
9to the Chief Judge of the circuit where the person had been
10convicted, any judge of the circuit designated by the Chief
11Judge, or in counties of less than 3,000,000 inhabitants, the
12presiding trial judge at the defendant's trial, have a court
13order entered expunging the record of arrest from the official
14records of the arresting authority and order that the records
15of the circuit court clerk and the Department be sealed until
16further order of the court upon good cause shown or as
17otherwise provided herein, and the name of the defendant
18obliterated from the official index requested to be kept by the
19circuit court clerk under Section 16 of the Clerks of Courts
20Act in connection with the arrest and conviction for the
21offense for which he or she had been pardoned but the order
22shall not affect any index issued by the circuit court clerk
23before the entry of the order. All records sealed by the
24Department may be disseminated by the Department only to the
25arresting authority, the State's Attorney, and the court upon a
26later arrest for the same or similar offense or for the purpose

SB1409 Engrossed- 33 -LRB100 08173 RLC 18268 b
1of sentencing for any subsequent felony. Upon conviction for
2any subsequent offense, the Department of Corrections shall
3have access to all sealed records of the Department pertaining
4to that individual. Upon entry of the order of expungement, the
5circuit court clerk shall promptly mail a copy of the order to
6the person who was pardoned.
7 (e-5) Whenever a person who has been convicted of an
8offense is granted a certificate of eligibility for sealing by
9the Prisoner Review Board which specifically authorizes
10sealing, he or she may, upon verified petition to the Chief
11Judge of the circuit where the person had been convicted, any
12judge of the circuit designated by the Chief Judge, or in
13counties of less than 3,000,000 inhabitants, the presiding
14trial judge at the petitioner's trial, have a court order
15entered sealing the record of arrest from the official records
16of the arresting authority and order that the records of the
17circuit court clerk and the Department be sealed until further
18order of the court upon good cause shown or as otherwise
19provided herein, and the name of the petitioner obliterated
20from the official index requested to be kept by the circuit
21court clerk under Section 16 of the Clerks of Courts Act in
22connection with the arrest and conviction for the offense for
23which he or she had been granted the certificate but the order
24shall not affect any index issued by the circuit court clerk
25before the entry of the order. All records sealed by the
26Department may be disseminated by the Department only as

SB1409 Engrossed- 34 -LRB100 08173 RLC 18268 b
1required by this Act or to the arresting authority, a law
2enforcement agency, the State's Attorney, and the court upon a
3later arrest for the same or similar offense or for the purpose
4of sentencing for any subsequent felony. Upon conviction for
5any subsequent offense, the Department of Corrections shall
6have access to all sealed records of the Department pertaining
7to that individual. Upon entry of the order of sealing, the
8circuit court clerk shall promptly mail a copy of the order to
9the person who was granted the certificate of eligibility for
10sealing.
11 (e-6) Whenever a person who has been convicted of an
12offense is granted a certificate of eligibility for expungement
13by the Prisoner Review Board which specifically authorizes
14expungement, he or she may, upon verified petition to the Chief
15Judge of the circuit where the person had been convicted, any
16judge of the circuit designated by the Chief Judge, or in
17counties of less than 3,000,000 inhabitants, the presiding
18trial judge at the petitioner's trial, have a court order
19entered expunging the record of arrest from the official
20records of the arresting authority and order that the records
21of the circuit court clerk and the Department be sealed until
22further order of the court upon good cause shown or as
23otherwise provided herein, and the name of the petitioner
24obliterated from the official index requested to be kept by the
25circuit court clerk under Section 16 of the Clerks of Courts
26Act in connection with the arrest and conviction for the

SB1409 Engrossed- 35 -LRB100 08173 RLC 18268 b
1offense for which he or she had been granted the certificate
2but the order shall not affect any index issued by the circuit
3court clerk before the entry of the order. All records sealed
4by the Department may be disseminated by the Department only as
5required by this Act or to the arresting authority, a law
6enforcement agency, the State's Attorney, and the court upon a
7later arrest for the same or similar offense or for the purpose
8of sentencing for any subsequent felony. Upon conviction for
9any subsequent offense, the Department of Corrections shall
10have access to all expunged records of the Department
11pertaining to that individual. Upon entry of the order of
12expungement, the circuit court clerk shall promptly mail a copy
13of the order to the person who was granted the certificate of
14eligibility for expungement.
15 (f) Subject to available funding, the Illinois Department
16of Corrections shall conduct a study of the impact of sealing,
17especially on employment and recidivism rates, utilizing a
18random sample of those who apply for the sealing of their
19criminal records under Public Act 93-211. At the request of the
20Illinois Department of Corrections, records of the Illinois
21Department of Employment Security shall be utilized as
22appropriate to assist in the study. The study shall not
23disclose any data in a manner that would allow the
24identification of any particular individual or employing unit.
25The study shall be made available to the General Assembly no
26later than September 1, 2010.

SB1409 Engrossed- 36 -LRB100 08173 RLC 18268 b
1(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
2eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
3eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
498-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
599-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.
67-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
7 Section 10. The Criminal Code of 2012 is amended by
8changing Sections 1-6, 16-1, and 17-56 as follows:
9 (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
10 Sec. 1-6. Place of trial.
11 (a) Generally.
12 Criminal actions shall be tried in the county where the
13offense was committed, except as otherwise provided by law. The
14State is not required to prove during trial that the alleged
15offense occurred in any particular county in this State. When a
16defendant contests the place of trial under this Section, all
17proceedings regarding this issue shall be conducted under
18Section 114-1 of the Code of Criminal Procedure of 1963. All
19objections of improper place of trial are waived by a defendant
20unless made before trial.
21 (b) Assailant and Victim in Different Counties.
22 If a person committing an offense upon the person of
23another is located in one county and his victim is located in
24another county at the time of the commission of the offense,

SB1409 Engrossed- 37 -LRB100 08173 RLC 18268 b
1trial may be had in either of said counties.
2 (c) Death and Cause of Death in Different Places or
3Undetermined.
4 If cause of death is inflicted in one county and death
5ensues in another county, the offender may be tried in either
6county. If neither the county in which the cause of death was
7inflicted nor the county in which death ensued are known before
8trial, the offender may be tried in the county where the body
9was found.
10 (d) Offense Commenced Outside the State.
11 If the commission of an offense commenced outside the State
12is consummated within this State, the offender shall be tried
13in the county where the offense is consummated.
14 (e) Offenses Committed in Bordering Navigable Waters.
15 If an offense is committed on any of the navigable waters
16bordering on this State, the offender may be tried in any
17county adjacent to such navigable water.
18 (f) Offenses Committed while in Transit.
19 If an offense is committed upon any railroad car, vehicle,
20watercraft or aircraft passing within this State, and it cannot
21readily be determined in which county the offense was
22committed, the offender may be tried in any county through
23which such railroad car, vehicle, watercraft or aircraft has
24passed.
25 (g) Theft.
26 A person who commits theft of property may be tried in any

SB1409 Engrossed- 38 -LRB100 08173 RLC 18268 b
1county in which he exerted control over such property.
2 (h) Bigamy.
3 A person who commits the offense of bigamy may be tried in
4any county where the bigamous marriage or bigamous cohabitation
5has occurred.
6 (i) Kidnaping.
7 A person who commits the offense of kidnaping may be tried
8in any county in which his victim has traveled or has been
9confined during the course of the offense.
10 (j) Pandering.
11 A person who commits the offense of pandering as set forth
12in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be
13tried in any county in which the prostitution was practiced or
14in any county in which any act in furtherance of the offense
15shall have been committed.
16 (k) Treason.
17 A person who commits the offense of treason may be tried in
18any county.
19 (l) Criminal Defamation.
20 If criminal defamation is spoken, printed or written in one
21county and is received or circulated in another or other
22counties, the offender shall be tried in the county where the
23defamation is spoken, printed or written. If the defamation is
24spoken, printed or written outside this state, or the offender
25resides outside this state, the offender may be tried in any
26county in this state in which the defamation was circulated or

SB1409 Engrossed- 39 -LRB100 08173 RLC 18268 b
1received.
2 (m) Inchoate Offenses.
3 A person who commits an inchoate offense may be tried in
4any county in which any act which is an element of the offense,
5including the agreement in conspiracy, is committed.
6 (n) Accountability for Conduct of Another.
7 Where a person in one county solicits, aids, abets, agrees,
8or attempts to aid another in the planning or commission of an
9offense in another county, he may be tried for the offense in
10either county.
11 (o) Child Abduction.
12 A person who commits the offense of child abduction may be
13tried in any county in which his victim has traveled, been
14detained, concealed or removed to during the course of the
15offense. Notwithstanding the foregoing, unless for good cause
16shown, the preferred place of trial shall be the county of the
17residence of the lawful custodian.
18 (p) A person who commits the offense of narcotics
19racketeering may be tried in any county where cannabis or a
20controlled substance which is the basis for the charge of
21narcotics racketeering was used; acquired; transferred or
22distributed to, from or through; or any county where any act
23was performed to further the use; acquisition, transfer or
24distribution of said cannabis or controlled substance; any
25money, property, property interest, or any other asset
26generated by narcotics activities was acquired, used, sold,

SB1409 Engrossed- 40 -LRB100 08173 RLC 18268 b
1transferred or distributed to, from or through; or, any
2enterprise interest obtained as a result of narcotics
3racketeering was acquired, used, transferred or distributed
4to, from or through, or where any activity was conducted by the
5enterprise or any conduct to further the interests of such an
6enterprise.
7 (q) A person who commits the offense of money laundering
8may be tried in any county where any part of a financial
9transaction in criminally derived property took place or in any
10county where any money or monetary instrument which is the
11basis for the offense was acquired, used, sold, transferred or
12distributed to, from or through.
13 (r) A person who commits the offense of cannabis
14trafficking or controlled substance trafficking may be tried in
15any county.
16 (s) A person who commits the offense of online sale of
17stolen property, online theft by deception, or electronic
18fencing may be tried in any county where any one or more
19elements of the offense took place, regardless of whether the
20element of the offense was the result of acts by the accused,
21the victim or by another person, and regardless of whether the
22defendant was ever physically present within the boundaries of
23the county.
24 (t) A person who commits the offense of identity theft or
25aggravated identity theft may be tried in any one of the
26following counties in which: (1) the offense occurred; (2) the

SB1409 Engrossed- 41 -LRB100 08173 RLC 18268 b
1information used to commit the offense was illegally used; or
2(3) the victim resides.
3 (u) A person who commits the offense of financial
4exploitation of an elderly person or a person with a disability
5may be tried in any one of the following counties in which (1)
6any part of the offense occurred or (2) the victim or one of
7the victims reside.
8 If a person is charged with more than one violation of
9identity theft or aggravated identity theft and those
10violations may be tried in more than one county, any of those
11counties is a proper venue for all of the violations.
12(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
13 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
14 Sec. 16-1. Theft.
15 (a) A person commits theft when he or she knowingly:
16 (1) Obtains or exerts unauthorized control over
17 property of the owner; or
18 (2) Obtains by deception control over property of the
19 owner; or
20 (3) Obtains by threat control over property of the
21 owner; or
22 (4) Obtains control over stolen property knowing the
23 property to have been stolen or under such circumstances as
24 would reasonably induce him or her to believe that the
25 property was stolen; or

SB1409 Engrossed- 42 -LRB100 08173 RLC 18268 b
1 (5) Obtains or exerts control over property in the
2 custody of any law enforcement agency which any law
3 enforcement officer or any individual acting in behalf of a
4 law enforcement agency explicitly represents to the person
5 as being stolen or represents to the person such
6 circumstances as would reasonably induce the person to
7 believe that the property was stolen, and
8 (A) Intends to deprive the owner permanently of the
9 use or benefit of the property; or
10 (B) Knowingly uses, conceals or abandons the
11 property in such manner as to deprive the owner
12 permanently of such use or benefit; or
13 (C) Uses, conceals, or abandons the property
14 knowing such use, concealment or abandonment probably
15 will deprive the owner permanently of such use or
16 benefit.
17 (b) Sentence.
18 (1) Theft of property not from the person and not
19 exceeding $500 in value is a Class A misdemeanor.
20 (1.1) Theft of property not from the person and not
21 exceeding $500 in value is a Class 4 felony if the theft
22 was committed in a school or place of worship or if the
23 theft was of governmental property.
24 (2) A person who has been convicted of theft of
25 property not from the person and not exceeding $500 in
26 value who has been previously convicted of any type of

SB1409 Engrossed- 43 -LRB100 08173 RLC 18268 b
1 theft, robbery, armed robbery, burglary, residential
2 burglary, possession of burglary tools, home invasion,
3 forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
4 4-103.3 of the Illinois Vehicle Code relating to the
5 possession of a stolen or converted motor vehicle, or a
6 violation of Section 17-36 of the Criminal Code of 1961 or
7 the Criminal Code of 2012, or Section 8 of the Illinois
8 Credit Card and Debit Card Act is guilty of a Class 4
9 felony.
10 (3) (Blank).
11 (4) Theft of property from the person not exceeding
12 $500 in value, or theft of property exceeding $500 and not
13 exceeding $10,000 in value, is a Class 3 felony.
14 (4.1) Theft of property from the person not exceeding
15 $500 in value, or theft of property exceeding $500 and not
16 exceeding $10,000 in value, is a Class 2 felony if the
17 theft was committed in a school or place of worship or if
18 the theft was of governmental property.
19 (5) Theft of property exceeding $10,000 and not
20 exceeding $100,000 in value is a Class 2 felony.
21 (5.1) Theft of property exceeding $10,000 and not
22 exceeding $100,000 in value is a Class 1 felony if the
23 theft was committed in a school or place of worship or if
24 the theft was of governmental property.
25 (6) Theft of property exceeding $100,000 and not
26 exceeding $500,000 in value is a Class 1 felony.

SB1409 Engrossed- 44 -LRB100 08173 RLC 18268 b
1 (6.1) Theft of property exceeding $100,000 in value is
2 a Class X felony if the theft was committed in a school or
3 place of worship or if the theft was of governmental
4 property.
5 (6.2) Theft of property exceeding $500,000 and not
6 exceeding $1,000,000 in value is a Class 1
7 non-probationable felony.
8 (6.3) Theft of property exceeding $1,000,000 in value
9 is a Class X felony.
10 (7) Theft by deception, as described by paragraph (2)
11 of subsection (a) of this Section, in which the offender
12 obtained money or property valued at $5,000 or more from a
13 victim 60 years of age or older or a person with a
14 disability is a Class 2 felony.
15 (8) Theft by deception, as described by paragraph (2)
16 of subsection (a) of this Section, in which the offender
17 falsely poses as a landlord or agent or employee of the
18 landlord and obtains a rent payment or a security deposit
19 from a tenant is a Class 3 felony if the rent payment or
20 security deposit obtained does not exceed $500.
21 (9) Theft by deception, as described by paragraph (2)
22 of subsection (a) of this Section, in which the offender
23 falsely poses as a landlord or agent or employee of the
24 landlord and obtains a rent payment or a security deposit
25 from a tenant is a Class 2 felony if the rent payment or
26 security deposit obtained exceeds $500 and does not exceed

SB1409 Engrossed- 45 -LRB100 08173 RLC 18268 b
1 $10,000.
2 (10) Theft by deception, as described by paragraph (2)
3 of subsection (a) of this Section, in which the offender
4 falsely poses as a landlord or agent or employee of the
5 landlord and obtains a rent payment or a security deposit
6 from a tenant is a Class 1 felony if the rent payment or
7 security deposit obtained exceeds $10,000 and does not
8 exceed $100,000.
9 (11) Theft by deception, as described by paragraph (2)
10 of subsection (a) of this Section, in which the offender
11 falsely poses as a landlord or agent or employee of the
12 landlord and obtains a rent payment or a security deposit
13 from a tenant is a Class X felony if the rent payment or
14 security deposit obtained exceeds $100,000.
15 (c) When a charge of theft of property exceeding a
16specified value is brought, the value of the property involved
17is an element of the offense to be resolved by the trier of
18fact as either exceeding or not exceeding the specified value.
19 (d) Theft by lessee; permissive inference. The trier of
20fact may infer evidence that a person intends to deprive the
21owner permanently of the use or benefit of the property (1) if
22a lessee of the personal property of another fails to return it
23to the owner within 10 days after written demand from the owner
24for its return or (2) if a lessee of the personal property of
25another fails to return it to the owner within 24 hours after
26written demand from the owner for its return and the lessee had

SB1409 Engrossed- 46 -LRB100 08173 RLC 18268 b
1presented identification to the owner that contained a
2materially fictitious name, address, or telephone number. A
3notice in writing, given after the expiration of the leasing
4agreement, addressed and mailed, by registered mail, to the
5lessee at the address given by him and shown on the leasing
6agreement shall constitute proper demand.
7 (e) Permissive inference; evidence of intent that a person
8obtains by deception control over property. The trier of fact
9may infer that a person "knowingly obtains by deception control
10over property of the owner" when he or she fails to return,
11within 45 days after written demand from the owner, the
12downpayment and any additional payments accepted under a
13promise, oral or in writing, to perform services for the owner
14for consideration of $3,000 or more, and the promisor knowingly
15without good cause failed to substantially perform pursuant to
16the agreement after taking a down payment of 10% or more of the
17agreed upon consideration. This provision shall not apply where
18the owner initiated the suspension of performance under the
19agreement, or where the promisor responds to the notice within
20the 45-day notice period. A notice in writing, addressed and
21mailed, by registered mail, to the promisor at the last known
22address of the promisor, shall constitute proper demand.
23 (f) Offender's interest in the property.
24 (1) It is no defense to a charge of theft of property
25 that the offender has an interest therein, when the owner
26 also has an interest to which the offender is not entitled.

SB1409 Engrossed- 47 -LRB100 08173 RLC 18268 b
1 (2) Where the property involved is that of the
2 offender's spouse, no prosecution for theft may be
3 maintained unless the parties were not living together as
4 man and wife and were living in separate abodes at the time
5 of the alleged theft.
6(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
796-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff.
81-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150,
9eff. 1-25-13.)
10 (720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
11 Sec. 17-56. Financial exploitation of an elderly person or
12a person with a disability.
13 (a) A person commits financial exploitation of an elderly
14person or a person with a disability when he or she stands in a
15position of trust or confidence with the elderly person or a
16person with a disability and he or she knowingly: and
17 (1) by deception or intimidation obtains control over
18 the property of an elderly person or a person with a
19 disability; or
20 (2) illegally uses the assets or resources of an
21 elderly person or a person with a disability.
22 (b) Sentence. Financial exploitation of an elderly person
23or a person with a disability is: (1) a Class 4 felony if the
24value of the property is $300 or less, (2) a Class 3 felony if
25the value of the property is more than $300 but less than

SB1409 Engrossed- 48 -LRB100 08173 RLC 18268 b
1$5,000, (3) a Class 2 felony if the value of the property is
2$5,000 or more but less than $50,000, and (4) a Class 1 felony
3if the value of the property is $50,000 or more or if the
4elderly person is over 70 years of age and the value of the
5property is $15,000 or more or if the elderly person is 80
6years of age or older and the value of the property is $5,000
7or more.
8 (c) For purposes of this Section:
9 (1) "Elderly person" means a person 60 years of age or
10 older.
11 (2) "Person with a disability" means a person who
12 suffers from a physical or mental impairment resulting from
13 disease, injury, functional disorder or congenital
14 condition that impairs the individual's mental or physical
15 ability to independently manage his or her property or
16 financial resources, or both.
17 (3) "Intimidation" means the communication to an
18 elderly person or a person with a disability that he or she
19 shall be deprived of food and nutrition, shelter,
20 prescribed medication or medical care and treatment or
21 conduct as provided in Section 12-6 of this Code.
22 (4) "Deception" means, in addition to its meaning as
23 defined in Section 15-4 of this Code, a misrepresentation
24 or concealment of material fact relating to the terms of a
25 contract or agreement entered into with the elderly person
26 or person with a disability or to the existing or

SB1409 Engrossed- 49 -LRB100 08173 RLC 18268 b
1 pre-existing condition of any of the property involved in
2 such contract or agreement; or the use or employment of any
3 misrepresentation, false pretense or false promise in
4 order to induce, encourage or solicit the elderly person or
5 person with a disability to enter into a contract or
6 agreement.
7 The illegal use of the assets or resources of an elderly
8person or a person with a disability includes, but is not
9limited to, the misappropriation of those assets or resources
10by undue influence, breach of a fiduciary relationship, fraud,
11deception, extortion, or use of the assets or resources
12contrary to law.
13 A person stands in a position of trust and confidence with
14an elderly person or person with a disability when he (i) is a
15parent, spouse, adult child or other relative by blood or
16marriage of the elderly person or person with a disability,
17(ii) is a joint tenant or tenant in common with the elderly
18person or person with a disability, (iii) has a legal or
19fiduciary relationship with the elderly person or person with a
20disability, (iv) is a financial planning or investment
21professional, or (v) is a paid or unpaid caregiver for the
22elderly person or person with a disability.
23 (d) Limitations. Nothing in this Section shall be construed
24to limit the remedies available to the victim under the
25Illinois Domestic Violence Act of 1986.
26 (e) Good faith efforts. Nothing in this Section shall be

SB1409 Engrossed- 50 -LRB100 08173 RLC 18268 b
1construed to impose criminal liability on a person who has made
2a good faith effort to assist the elderly person or person with
3a disability in the management of his or her property, but
4through no fault of his or her own has been unable to provide
5such assistance.
6 (f) Not a defense. It shall not be a defense to financial
7exploitation of an elderly person or person with a disability
8that the accused reasonably believed that the victim was not an
9elderly person or person with a disability. Consent shall not
10be a defense to financial exploitation of an elderly person or
11a person with a disability if the accused knew or had reason to
12know that the elderly person or a person with a disability
13lacked capacity to consent.
14 (g) Civil Liability. A civil cause of action exists for
15financial exploitation of an elderly person or a person with a
16disability as described in subsection (a) of this Section. A
17person against whom a civil judgment has been entered for
18financial exploitation of an elderly person or person with a
19disability shall be liable to the victim or to the estate of
20the victim in damages of treble the amount of the value of the
21property obtained, plus reasonable attorney fees and court
22costs. In a civil action under this subsection, the burden of
23proof that the defendant committed financial exploitation of an
24elderly person or a person with a disability as described in
25subsection (a) of this Section shall be by a preponderance of
26the evidence. This subsection shall be operative whether or not

SB1409 Engrossed- 51 -LRB100 08173 RLC 18268 b
1the defendant has been charged or convicted of the criminal
2offense as described in subsection (a) of this Section. This
3subsection (g) shall not limit or affect the right of any
4person to bring any cause of action or seek any remedy
5available under the common law, or other applicable law,
6arising out of the financial exploitation of an elderly person
7or a person with a disability.
8 (h) If a person is charged with financial exploitation of
9an elderly person or a person with a disability that involves
10the taking or loss of property valued at more than $5,000, a
11prosecuting attorney may file a petition with the circuit court
12of the county in which the defendant has been charged to freeze
13the assets of the defendant in an amount equal to but not
14greater than the alleged value of lost or stolen property in
15the defendant's pending criminal proceeding for purposes of
16restitution to the victim. The burden of proof required to
17freeze the defendant's assets shall be by a preponderance of
18the evidence.
19(Source: P.A. 99-272, eff. 1-1-16.)
feedback