Bill Text: IL SB1857 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Extends the repeal of specified provisions in specified Acts. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2020-06-26 - Public Act . . . . . . . . . 101-0645 [SB1857 Detail]

Download: Illinois-2019-SB1857-Chaptered.html

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Public Act 101-0645
SB1857 Enrolled LRB101 11098 RJF 56313 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Notary Public Act is amended by
changing Section 1-105 as follows:
(5 ILCS 312/1-105)
(Section scheduled to be repealed on July 1, 2020)
Sec. 1-105. Notarization Task Force on Best Practices and
Verification Standards to Implement Electronic Notarization.
(a) The General Assembly finds and declares that:
(1) As more and more citizens throughout the State of
Illinois rely on electronic devices they also increasingly
depend on electronic documentation. Any assertion that
e-mails or word processing documents are necessarily
"informal and not legally binding" has been dispelled by
national legislation such as the federal "E-Sign" law in
2000 and the Uniform Electronic Transactions Act, which has
been virtually universally adopted throughout the United
States. Increasingly, laws have bestowed upon electronic
documents the same legal effect as paper instruments.
(2) Moreover, institutions, businesses, and commerce
have gradually put more of their faith in electronic
commerce and information technology in order to facilitate

formal and informal interactions that are oftentimes
mission-critical and sensitive. In order to meet the
growing demand for electronic commerce that is both
convenient and secure, understanding the processes and
technology is critical and the need for an electronic or
remote notarization - the process of notarizing a signature
on an electronic document by electronic methods - is
becoming a necessity.
(b) As used in this Section, "Task Force" means the
Notarization Task Force on Best Practices and Verification
Standards to Implement Electronic Notarization.
(c) There is created a Notarization Task Force on Best
Practices and Verification Standards to Implement Electronic
Notarization to review and report on national standards for
best practices in relation to electronic notarization,
including security concerns and fraud prevention. The goal of
the Task Force is to investigate and provide recommendations on
national and State initiatives to implement electronic
notarization in such a manner that increases the availability
to notary public services, protects consumers, and maintains
the integrity of the notarization seal and signature.
(d) The Task Force's report shall include, but not be
limited to, standards for an electronic signature, including
encryption and decryption; the application process for
electronic notarial commission; and the training of notaries on
electronic notarization standards and best practices prior to

the commission of an electronic notary's electronic signature.
The report shall also evaluate and make a recommendation on
fees for notary application and commission, on which documents
and acts can be attested to by electronic notaries, and on
security measures that will protect the integrity of the
electronic notary's electronic signature, as well as standards
that the Secretary of State may rely upon for revoking an
electronic notarization. The report must make a recommendation
on whether and to what extent this Act should be expanded and
updated.
(e) The Task Force shall meet no less than 5 times between
the effective date of this amendatory Act of the 100th General
Assembly and December 31, 2019. The Task Force shall prepare a
report that summarizes its work and makes recommendations
resulting from its review. The Task Force shall submit the
report of its findings and recommendations to the Governor and
the General Assembly no later than June 30, 2020.
(f) The Task Force shall consist of the following 17
members:
(1) one member appointed by the Secretary of State from
the Index Department of the Office of the Secretary of
State;
(2) one member appointed by the Secretary of State from
the Department of Information Technology of the Office of
the Secretary of State;
(3) one member appointed by the President of the

Senate;
(4) one member appointed by the Minority Leader of the
Senate;
(5) one member appointed by the Speaker of the House of
Representatives;
(6) one member appointed by the Minority Leader of the
House of Representatives;
(7) one member appointed by the Attorney General;
(8) one member appointed by the Secretary of State from
nominations made by the president of a statewide
organization representing state's attorneys;
(9) one member appointed by the Secretary of State from
nominations made by a statewide organization representing
attorneys;
(10) one member appointed by the Secretary of State
from nominations made by an organization representing
attorneys in a municipality of more than 1,000,000
inhabitants;
(11) one member appointed by the Secretary of State
from nominations made by a statewide organization
representing bankers;
(12) one member appointed by the Secretary of State
from nominations made by a statewide organization
representing community bankers;
(13) one member appointed by the Secretary of State
from nominations made by a statewide organization

representing credit unions;
(14) one member appointed by the Secretary of State
from nominations made by a statewide organization
representing corporate fiduciaries;
(15) one member appointed by the Secretary of State
from nominations made by an organization representing
realtors in a municipality of more than 1,000,000
inhabitants;
(16) one member appointed by the Secretary of State
from nominations made by a statewide organization
representing realtors; and
(17) one member appointed by the Secretary of State
from nominations made by a statewide chapter of a national
organization representing elder law attorneys.
(g) The Secretary of State shall designate which member
shall serve as chairperson and facilitate the Task Force. The
members of the Task Force shall be appointed no later than 90
days after the effective date of this amendatory Act of the
100th General Assembly. Vacancies in the membership of the Task
Force shall be filled in the same manner as the original
appointment. The members of the Task Force shall not receive
compensation for serving as members of the Task Force.
(h) The Office of the Secretary of State shall provide the
Task Force with administrative and other support.
(i) This Section is repealed on July 1, 2021 2020.
(Source: P.A. 100-440, eff. 8-25-17.)

Section 10. The Illinois Lottery Law is amended by changing
Section 21.13 as follows:
(20 ILCS 1605/21.13)
Sec. 21.13. Scratch-off for Alzheimer's care, support,
education, and awareness The End of Alzheimer's Begins With Me
scratch-off game.
(a) The Department shall offer a special instant
scratch-off game for the benefit of Alzheimer's care, support,
education, and awareness with the title of "The End of
Alzheimer's Begins With Me". The game shall commence on January
1, 2020 or as soon thereafter, at the discretion of the
Director, as is reasonably practical, and shall be discontinued
on January 1, 2022 2021. The operation of the game shall be
governed by this Act and any rules adopted by the Department.
If any provision of this Section is inconsistent with any other
provision of this Act, then this Section governs.
(b) The net revenue from the Alzheimer's care, support,
education, and awareness "The End of Alzheimer's Begins With
Me" scratch-off game shall be deposited into the Alzheimer's
Awareness Fund.
Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and from gifts, grants, and awards
from any public or private entity, must be deposited into the

Fund. Any interest earned on moneys in the Fund must be
deposited into the Fund.
For the purposes of this subsection, "net revenue" means
the total amount for which tickets have been sold less the sum
of the amount paid out in the prizes and the actual
administrative expenses of the Department solely related to the
scratch-off game under this Section.
(c) During the time that tickets are sold for the
Alzheimer's care, support, education, and awareness "The End of
Alzheimer's Begins With Me" scratch-off game, the Department
shall not unreasonably diminish the efforts devoted to
marketing any other instant scratch-off lottery game.
(d) The Department may adopt any rules necessary to
implement and administer the provisions of this Section.
(Source: P.A. 101-561, eff. 8-23-19.)
Section 15. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings

ascribed to them in the Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),
(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),
(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),
(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),
(xii) Probation (730 ILCS 5/5-1-18),
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) brought against a defendant where the
defendant is not arrested prior to or as a direct
result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered by
a legally constituted jury or by a court of competent

jurisdiction authorized to try the case without a jury.
An order of supervision successfully completed by the
petitioner is not a conviction. An order of qualified
probation (as defined in subsection (a)(1)(J))
successfully completed by the petitioner is not a
conviction. An order of supervision or an order of
qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).

(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively considered
the "last sentence" regardless of whether they were
ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the

Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner was
charged or for which the petitioner was arrested and
released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief under
this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and

the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act, but
any index issued by the circuit court clerk before the
entry of the order to seal shall not be affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.

(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the law
enforcement agency issuing the citation. Commencing 180
days after July 29, 2016 (the effective date of Public Act
99-697), the clerk of the circuit court shall expunge, upon
order of the court, or in the absence of a court order on
or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in

subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the offender
has no other conviction for violating Section 11-501 or
11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the

Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance, except
Section 11-14 and a misdemeanor violation of
Section 11-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012,
or Section 125 of the Stalking No Contact Order
Act, or Section 219 of the Civil No Contact Order
Act, or a similar provision of a local ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)

acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:

(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision of
a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.

(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Department, other criminal justice agencies, the
prosecutor, and the trial court concerning such arrest, if
any, by removing his or her name from all such records in
connection with the arrest and conviction, if any, and by
inserting in the records the name of the offender, if known

or ascertainable, in lieu of the aggrieved's name. The
records of the circuit court clerk shall be sealed until
further order of the court upon good cause shown and the
name of the aggrieved person obliterated on the official
index required to be kept by the circuit court clerk under
Section 16 of the Clerks of Courts Act, but the order shall
not affect any index issued by the circuit court clerk
before the entry of the order. Nothing in this Section
shall limit the Department of State Police or other
criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has
used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Department of State Police concerning the offense
shall not be sealed. The court, upon good cause shown,
shall make the records of the circuit court clerk in

connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear
and convincing evidence that the petitioner was factually
innocent of the charge, the court that finds the petitioner
factually innocent of the charge shall enter an expungement
order for the conviction for which the petitioner has been
determined to be innocent as provided in subsection (b) of
Section 5-5-4 of the Unified Code of Corrections.
(7) Nothing in this Section shall prevent the
Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, Section 70
of the Methamphetamine Control and Community Protection
Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.
(8) If the petitioner has been granted a certificate of
innocence under Section 2-702 of the Code of Civil

Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and of
minors prosecuted as adults. Subsection (g) of this Section
provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest

resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph

(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and
Violent Offender Against Youth Registration Act may
not be sealed until the petitioner is no longer
required to register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level Test
of General Educational Development, during the period
of his or her sentence or mandatory supervised release.
This subparagraph shall apply only to a petitioner who
has not completed the same educational goal prior to
the period of his or her sentence or mandatory
supervised release. If a petition for sealing eligible

records filed under this subparagraph is denied by the
court, the time periods under subparagraph (B) or (C)
shall apply to any subsequent petition for sealing
filed by the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent felony
offense, order the unsealing of prior felony conviction
records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for the
sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or

charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January 1,
2022 2021.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court

clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph (10)
of subsection (a) of Section 3-3-2 of the Unified Code of
Corrections, the certificate shall be attached to the
petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on the
State's Attorney or prosecutor charged with the duty of

prosecuting the offense, the Department of State Police,
the arresting agency and the chief legal officer of the
unit of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the basis
of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency, or
the chief legal officer files an objection to the

petition to expunge or seal within 60 days from the
date of service of the petition, the court shall enter
an order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit of
local government, including, but not limited to, any
cost, assessment, fine, or fee. An outstanding legal
financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(7) Hearings. If an objection is filed, the court shall
set a date for a hearing and notify the petitioner and all
parties entitled to notice of the petition of the hearing
date at least 30 days prior to the hearing. Prior to the
hearing, the State's Attorney shall consult with the
Department as to the appropriateness of the relief sought

in the petition to expunge or seal. At the hearing, the
court shall hear evidence on whether the petition should or
should not be granted, and shall grant or deny the petition
to expunge or seal the records based on the evidence
presented at the hearing. The court may consider the
following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Department, in a form and manner
prescribed by the Department, to the petitioner, to the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, to the arresting agency, to the
chief legal officer of the unit of local government
effecting the arrest, and to such other criminal justice
agencies as may be ordered by the court.

(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Department, and any other agency as ordered by
the court, within 60 days of the date of service of
the order, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to
paragraph (12) of subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Department, or the agency
receiving such inquiry, shall reply as it does in
response to inquiries when no records ever
existed.
(B) Upon entry of an order to expunge records
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:

(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
pursuant to paragraph (12) of subsection (d) of
this Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of

sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
under paragraph (12) of subsection (d) of this
Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these records
from anyone not authorized by law to access the
records, the court, the Department, or the agency
receiving the inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Department, and the court
shall seal the records (as defined in subsection
(a)(1)(K)). In response to an inquiry for such records,
from anyone not authorized by law to access such

records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(D) The Department shall send written notice to the
petitioner of its compliance with each order to expunge
or seal records within 60 days of the date of service
of that order or, if a motion to vacate, modify, or
reconsider is filed, within 60 days of service of the
order resolving the motion, if that order requires the
Department to expunge or seal records. In the event of
an appeal from the circuit court order, the Department
shall send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.

The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Department may charge the petitioner a
fee equivalent to the cost of processing any order to
expunge or seal records. Notwithstanding any provision of
the Clerks of Courts Act to the contrary, the circuit court
clerk may charge a fee equivalent to the cost associated
with the sealing or expungement of records by the circuit
court clerk. From the total filing fee collected for the
petition to seal or expunge, the circuit court clerk shall
deposit $10 into the Circuit Court Clerk Operation and
Administrative Fund, to be used to offset the costs
incurred by the circuit court clerk in performing the
additional duties required to serve the petition to seal or
expunge on all parties. The circuit court clerk shall
collect and forward the Department of State Police portion

of the fee to the Department and it shall be deposited in
the State Police Services Fund. If the record brought under
an expungement petition was previously sealed under this
Section, the fee for the expungement petition for that same
record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this Section
shall not be considered void because it fails to comply
with the provisions of this Section or because of any error

asserted in a motion to vacate, modify, or reconsider. The
circuit court retains jurisdiction to determine whether
the order is voidable and to vacate, modify, or reconsider
its terms based on a motion filed under paragraph (12) of
this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to notice
of the petition must fully comply with the terms of the
order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records until
there is a final order on the motion for relief or, in the
case of an appeal, the issuance of that court's mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5, 2013
(the effective date of Public Act 98-163) and to all orders
ruling on a petition to expunge or seal on or after August

5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the
arresting authority, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of expungement, the

circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as

required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement or sealing of criminal records, this

subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately Sealed.
Eligible records under paragraph (2) of this subsection (g)
may be sealed immediately after entry of the final
disposition of a case, notwithstanding the disposition of
other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the

defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective date
of Public Act 100-282). The immediate sealing petition
may be filed with the circuit court clerk during the
hearing in which the final disposition of the case is
entered. If the defendant's attorney does not file the
petition for immediate sealing during the hearing, the
defendant may file a petition for sealing at any time
as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be required
to attach proof that he or she has passed a drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge shall
enter an order granting or denying the petition for
immediate sealing during the hearing in which it is

filed. Petitions for immediate sealing shall be ruled
on in the same hearing in which the final disposition
of the case is entered.
(F) Hearings. The court shall hear the petition for
immediate sealing on the same day and during the same
hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Department of State Police shall comply
with paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Department of
State Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the

order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an immediate
sealing petition shall not be considered void because
it fails to comply with the provisions of this Section
or because of an error asserted in a motion to vacate,
modify, or reconsider. The circuit court retains
jurisdiction to determine whether the order is
voidable, and to vacate, modify, or reconsider its
terms based on a motion filed under subparagraph (L) of
this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing; trafficking victims.
(1) A trafficking victim as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012 shall be eligible to petition for immediate sealing of
his or her criminal record upon the completion of his or
her last sentence if his or her participation in the
underlying offense was a direct result of human trafficking

under Section 10-9 of the Criminal Code of 2012 or a severe
form of trafficking under the federal Trafficking Victims
Protection Act.
(2) A petitioner under this subsection (h), in addition
to the requirements provided under paragraph (4) of
subsection (d) of this Section, shall include in his or her
petition a clear and concise statement that: (A) he or she
was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a direct result of human trafficking under
Section 10-9 of the Criminal Code of 2012 or a severe form
of trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the
petitioner is not entitled to immediate sealing under this
subsection (h), the court shall conduct a hearing under
paragraph (7) of subsection (d) of this Section and the
court shall determine whether the petitioner is entitled to
immediate sealing under this subsection (h). A petitioner
is eligible for immediate relief under this subsection (h)
if he or she shows, by a preponderance of the evidence,
that: (A) he or she was a victim of human trafficking at
the time of the offense; and (B) that his or her
participation in the offense was a direct result of human
trafficking under Section 10-9 of the Criminal Code of 2012
or a severe form of trafficking under the federal

Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Department of State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25, 2019
(the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the date
of the arrest or law enforcement interaction
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019 (the

effective date of Public Act 101-27), but on or
after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records, the
law enforcement agency receiving such inquiry shall
reply as it does in response to inquiries when no
records ever existed; however, it shall provide a
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Department of State Police

shall review all criminal history record information
and identify all records that meet all of the following
criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for a
violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department of
State Police shall notify the Prisoner Review Board of
all such records that meet the criteria established in
paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an

objection must be filed within 60 days or by such
later date set by Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with the
Chief Judge of the circuit or any judge of the circuit
designated by the Chief Judge where the individual had
been convicted. Such petition may include more than one
individual. Whenever an individual who has been
convicted of an offense is granted a pardon by the
Governor that specifically authorizes expungement, an
objection to the petition may not be filed. Petitions

to expunge under this subsection (i) may include more
than one individual. Within 90 days of the filing of
such a petition, the court shall enter an order
expunging the records of arrest from the official
records of the arresting authority and order that the
records of the circuit court clerk and the Department
of State Police be expunged and the name of the
defendant obliterated from the official index
requested to be kept by the circuit court clerk under
Section 16 of the Clerks of Courts Act in connection
with the arrest and conviction for the offense for
which the individual had received a pardon but the
order shall not affect any index issued by the circuit
court clerk before the entry of the order. Upon entry
of the order of expungement, the circuit court clerk
shall promptly provide a copy of the order and a
certificate of disposition to the individual who was
pardoned to the individual's last known address or by
electronic means (if available) or otherwise make it
available to the individual upon request.
(D) Nothing in this Section is intended to diminish
or abrogate any rights or remedies otherwise available
to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis Control

Act. Motions to vacate and expunge under this subsection
(i) may be filed with the circuit court, Chief Judge of a
judicial circuit or any judge of the circuit designated by
the Chief Judge. The circuit court clerk shall promptly
serve a copy of the motion to vacate and expunge, and any
supporting documentation, on the State's Attorney or
prosecutor charged with the duty of prosecuting the
offense. When considering such a motion to vacate and
expunge, a court shall consider the following: the reasons
to retain the records provided by law enforcement, the
petitioner's age, the petitioner's age at the time of
offense, the time since the conviction, and the specific
adverse consequences if denied. An individual may file such
a petition after the completion of any non-financial
sentence or non-financial condition imposed by the
conviction. Within 60 days of the filing of such motion, a
State's Attorney may file an objection to such a petition
along with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in
accordance with subparagraphs (d)(8) and (d)(9)(A) of this
Section. An agency providing civil legal aid, as defined by
Section 15 of the Public Interest Attorney Assistance Act,
assisting individuals seeking to file a motion to vacate
and expunge under this subsection may file motions to
vacate and expunge with the Chief Judge of a judicial
circuit or any judge of the circuit designated by the Chief

Judge, and the motion may include more than one individual.
Motions filed by an agency providing civil legal aid
concerning more than one individual may be prepared,
presented, and signed electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall consider
the following: the reasons to retain the records provided
by law enforcement, the individual's age, the individual's
age at the time of offense, the time since the conviction,
and the specific adverse consequences if denied. Upon entry
of an order granting a motion to vacate and expunge records
pursuant to this Section, the State's Attorney shall notify
the Prisoner Review Board within 30 days. Upon entry of the
order of expungement, the circuit court clerk shall
promptly provide a copy of the order and a certificate of
disposition to the individual whose records will be
expunged to the individual's last known address or by

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

petitioner's age at the time of offense, the time since the
conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Department of State Police shall allow a person
to use the access and review process, established in the
Department of State Police, for verifying that his or her
records relating to Minor Cannabis Offenses of the Cannabis
Control Act eligible under this Section have been expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(11) Information. The Department of State Police shall
post general information on its website about the
expungement process described in this subsection (i).
(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;

100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
12-4-19.)
Section 20. The Criminal Diversion Racial Impact Data
Collection Act is amended by changing Section 20 as follows:
(20 ILCS 2637/20)
(Section scheduled to be repealed on December 31, 2020)
Sec. 20. Repeal. This Act is repealed on December 31, 2021
2020.
(Source: P.A. 99-666, eff. 1-1-17.)
Section 23. The Illinois Holocaust and Genocide Commission
Act is amended by changing Section 95 as follows:
(20 ILCS 5010/95)
(Section scheduled to be repealed on January 1, 2021)
Sec. 95. Repeal. This Act is repealed on January 1, 2022
2021.
(Source: P.A. 96-1063, eff. 1-1-11.)
Section 25. The Language Access to Government Services Task
Force Act is amended by changing Section 25 as follows:

(20 ILCS 5095/25)
(Section scheduled to be repealed on July 1, 2020)
Sec. 25. Repeal. This Act is repealed on July 1, 2021 2020.
(Source: P.A. 100-320, eff. 8-24-17; 100-1145, eff. 12-10-18.)
Section 30. The Protection of Individuals with
Disabilities in the Criminal Justice System Task Force Act of
2019 is amended by changing Section 20 as follows:
(20 ILCS 5150/20)
(Section scheduled to be repealed on January 1, 2022)
Sec. 20. Report. The Task Force shall submit a report with
its findings and recommendations to the Governor, the Attorney
General, and to the General Assembly on or before September 30,
2021 2020.
(Source: P.A. 101-391, eff. 8-16-19.)
Section 35. The State Finance Act is amended by changing
Sections 5.857 and 6z-100 as follows:
(30 ILCS 105/5.857)
(Section scheduled to be repealed on July 1, 2020)
Sec. 5.857. The Capital Development Board Revolving Fund.
This Section is repealed July 1, 2021 2020.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

101-10, eff. 6-5-19.)
(30 ILCS 105/6z-100)
(Section scheduled to be repealed on July 1, 2020)
Sec. 6z-100. Capital Development Board Revolving Fund;
payments into and use. All monies received by the Capital
Development Board for publications or copies issued by the
Board, and all monies received for contract administration
fees, charges, or reimbursements owing to the Board shall be
deposited into a special fund known as the Capital Development
Board Revolving Fund, which is hereby created in the State
treasury. The monies in this Fund shall be used by the Capital
Development Board, as appropriated, for expenditures for
personal services, retirement, social security, contractual
services, legal services, travel, commodities, printing,
equipment, electronic data processing, or telecommunications.
Unexpended moneys in the Fund shall not be transferred or
allocated by the Comptroller or Treasurer to any other fund,
nor shall the Governor authorize the transfer or allocation of
those moneys to any other fund. This Section is repealed July
1, 2021 2020.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
101-10, eff. 6-5-19.)
Section 40. The Illinois Procurement Code is amended by
changing Sections 1-15.93 and 30-30 as follows:

(30 ILCS 500/1-15.93)
(Section scheduled to be repealed on January 1, 2021)
Sec. 1-15.93. Single prime. "Single prime" means the
design-bid-build procurement delivery method for a building
construction project in which the Capital Development Board is
the construction agency procuring 2 or more subdivisions of
work enumerated in paragraphs (1) through (5) of subsection (a)
of Section 30-30 of this Code under a single contract. This
Section is repealed on January 1, 2022 2021.
(Source: P.A. 101-369, eff. 12-15-19.)
(30 ILCS 500/30-30)
Sec. 30-30. Design-bid-build construction.
(a) The provisions of this subsection are operative through
December 31, 2021 2020.
For building construction contracts in excess of $250,000,
separate specifications may be prepared for all equipment,
labor, and materials in connection with the following 5
subdivisions of the work to be performed:
(1) plumbing;
(2) heating, piping, refrigeration, and automatic
temperature control systems, including the testing and
balancing of those systems;
(3) ventilating and distribution systems for
conditioned air, including the testing and balancing of

those systems;
(4) electric wiring; and
(5) general contract work.
The specifications may be so drawn as to permit separate
and independent bidding upon each of the 5 subdivisions of
work. All contracts awarded for any part thereof may award the
5 subdivisions of work separately to responsible and reliable
persons, firms, or corporations engaged in these classes of
work. The contracts, at the discretion of the construction
agency, may be assigned to the successful bidder on the general
contract work or to the successful bidder on the subdivision of
work designated by the construction agency before the bidding
as the prime subdivision of work, provided that all payments
will be made directly to the contractors for the 5 subdivisions
of work upon compliance with the conditions of the contract.
Beginning on the effective date of this amendatory Act of
the 101st General Assembly and through December 31, 2020, for
single prime projects: (i) the bid of the successful low bidder
shall identify the name of the subcontractor, if any, and the
bid proposal costs for each of the 5 subdivisions of work set
forth in this Section; (ii) the contract entered into with the
successful bidder shall provide that no identified
subcontractor may be terminated without the written consent of
the Capital Development Board; (iii) the contract shall comply
with the disadvantaged business practices of the Business
Enterprise for Minorities, Women, and Persons with

Disabilities Act and the equal employment practices of Section
2-105 of the Illinois Human Rights Act; and (iv) the Capital
Development Board shall submit an annual report to the General
Assembly and Governor on the bidding, award, and performance of
all single prime projects.
For building construction projects with a total
construction cost valued at $5,000,000 or less, the Capital
Development Board shall not use the single prime procurement
delivery method for more than 50% of the total number of
projects bid for each fiscal year. Any project with a total
construction cost valued greater than $5,000,000 may be bid
using single prime at the discretion of the Executive Director
of the Capital Development Board.
(b) The provisions of this subsection are operative on and
after January 1, 2022 2021. For building construction contracts
in excess of $250,000, separate specifications shall be
prepared for all equipment, labor, and materials in connection
with the following 5 subdivisions of the work to be performed:
(1) plumbing;
(2) heating, piping, refrigeration, and automatic
temperature control systems, including the testing and
balancing of those systems;
(3) ventilating and distribution systems for
conditioned air, including the testing and balancing of
those systems;
(4) electric wiring; and

(5) general contract work.
The specifications must be so drawn as to permit separate
and independent bidding upon each of the 5 subdivisions of
work. All contracts awarded for any part thereof shall award
the 5 subdivisions of work separately to responsible and
reliable persons, firms, or corporations engaged in these
classes of work. The contracts, at the discretion of the
construction agency, may be assigned to the successful bidder
on the general contract work or to the successful bidder on the
subdivision of work designated by the construction agency
before the bidding as the prime subdivision of work, provided
that all payments will be made directly to the contractors for
the 5 subdivisions of work upon compliance with the conditions
of the contract.
(Source: P.A. 100-391, eff. 8-25-17; 101-369, eff. 12-15-19.)
Section 45. The State Property Control Act is amended by
changing Section 7.4 as follows:
(30 ILCS 605/7.4)
Sec. 7.4. James R. Thompson Center.
(a) Notwithstanding any other provision of this Act or any
other law to the contrary, the administrator is authorized
under this Section to dispose of the James R. Thompson Center
located in Chicago, Illinois. The administrator may sell the
property as provided in subsection (b), and, either as a

condition of the sale or thereafter enter into a leaseback or
other agreement that directly or indirectly gives the State a
right to use, control, and possess the property.
(b) The administrator shall dispose of the property using a
competitive sealed proposal process that includes, at a
minimum, the following:
(1) Engagement Prior to Request for Proposal. The
administrator may, prior to soliciting requests for
proposals, enter into discussions with interested
purchasers in order to assess existing market conditions,
demands and likely development scenarios provided that no
such interested purchasers shall have any role in drafting
any request for proposals nor shall any request for
proposal be provided to any interested purchaser prior to
its general public distribution. The administrator may
issue a request for qualifications that requests
interested purchasers to provide such information as the
administrator reasonably deems necessary in order to
evaluate the qualifications of such interested purchasers
including the ability of interested purchasers to acquire
and develop the property, all as reasonably determined by
the administrator.
(2) Request for proposals. Proposals to acquire and
develop the property shall be solicited through a request
for proposals. Such request for proposals shall include
such requirements and factors as the administrator shall

determine are necessary or advisable with respect to the
disposition of the James R. Thompson Center, including
soliciting proposals designating a portion of the property
after the development or redevelopment thereof in honor of
Governor James R. Thompson.
(3) Public notice. Public notice of any request for
qualification or request for proposals shall be published
in the Illinois Procurement Bulletin at least 14 calendar
days before the date by which such requests are due. The
administrator may advertise the request in any other manner
or publication which it reasonably determines may increase
the scope and nature of responses to the request. In the
event the administrator shall have already identified
qualified purchasers pursuant to a request for
qualification process as set forth above, notice of the
request for proposals may be delivered only to such
qualified purchasers.
(4) Opening of proposals. Proposals shall be opened
publicly on the date, time and location designated in the
Illinois Procurement Bulletin, but proposals shall be
opened in a manner to avoid disclosure of contents to
competing purchasers during the process of negotiation. A
record of proposals shall be prepared and shall be open for
public inspection after contract award, but prior to
contract execution.
(5) Evaluation factors. Proposals shall be submitted

in 2 parts: (i) items except price, and (ii) covering
price. The first part of all proposals shall be evaluated
and ranked independently of the second part of all
proposals.
(6) Discussion with interested purchasers and
revisions of offers or proposals. After the opening of the
proposals, and under such guidelines as the administrator
may elect to establish in the request for proposals, the
administrator and his or her designees may engage in
discussions with interested purchasers who submitted
offers or proposals that the administrator determines are
reasonably susceptible of being selected for award for the
purpose of clarifying and assuring full understanding of
and responsiveness to the solicitation requirements. Those
purchasers shall be accorded fair and equal treatment with
respect to any opportunity for discussion and revision of
proposals. Revisions may be permitted after submission and
before award for the purpose of obtaining best and final
offers. In conducting discussions there shall be no
disclosure of any information derived from proposals
submitted by competing purchasers. If information is
disclosed to any purchaser, it shall be provided to all
competing purchasers.
(7) Award. Awards shall be made to the interested
purchaser whose proposal is determined in writing to be the
most advantageous to the State, taking into consideration

price and the evaluation factors set forth in the request
for proposals. The contract file shall contain the basis on
which the award is made.
(b-5) Any contract to dispose of the property is subject to
the following conditions:
(1) A commitment from the purchaser to make any
applicable payments to the City of Chicago with respect to
additional zoning density;
(2) A commitment from the purchaser to enter into an
agreement with the City of Chicago and the Chicago Transit
Authority regarding the existing operation of the Chicago
Transit Authority facility currently located on the
property, substantially similar to the existing agreement
between the City of Chicago, the Chicago Transit Authority,
and the State of Illinois, and such agreement must be
executed prior to assuming title to the property; and
(3) A commitment from the purchaser to designate a
portion of the property after the development or
redevelopment thereof in honor of Governor James R.
Thompson.
(b-10) The administrator shall have authority to order such
surveys, abstracts of title, or commitments for title
insurance, environmental reports, property condition reports,
or any other materials as the administrator may, in his or her
reasonable discretion, be deemed necessary to demonstrate to
prospective purchasers or bidders good and marketable title in

and the existing conditions or characteristics of the property
offered for sale under this Section. All conveyances of
property made by the administrator under this Section shall be
by quit claim deed.
(c) All moneys received from the sale of real property
under this Section shall be deposited into the General Revenue
Fund, provided that any obligations of the State to the
purchaser acquiring the property, a contractor involved in the
sale of the property, or a unit of local government may be
remitted from the proceeds during the closing process and need
not be deposited in the State treasury prior to closing.
(d) The administrator is authorized to enter into any
agreements and execute any documents necessary to exercise the
authority granted by this Section.
(e) Any agreement to dispose of the James R. Thompson
Center located in Chicago, Illinois pursuant to the authority
granted by this Section must be entered into no later than
April 5, 2022 2 years after the effective date of this
amendatory Act of the 100th General Assembly.
(f) The provisions of this Section are subject to the
Freedom of Information Act, and nothing shall be construed to
waive the ability of a public body to assert any applicable
exemptions.
(Source: P.A. 100-1184, eff. 4-5-19.)
Section 50. The Illinois Income Tax Act is amended by

changing Section 218 as follows:
(35 ILCS 5/218)
Sec. 218. Credit for student-assistance contributions.
(a) For taxable years ending on or after December 31, 2009
and on or before December 30, 2021 2020, each taxpayer who,
during the taxable year, makes a contribution (i) to a
specified individual College Savings Pool Account under
Section 16.5 of the State Treasurer Act or (ii) to the Illinois
Prepaid Tuition Trust Fund in an amount matching a contribution
made in the same taxable year by an employee of the taxpayer to
that Account or Fund is entitled to a credit against the tax
imposed under subsections (a) and (b) of Section 201 in an
amount equal to 25% of that matching contribution, but not to
exceed $500 per contributing employee per taxable year.
(b) For partners, shareholders of Subchapter S
corporations, and owners of limited liability companies, if the
liability company is treated as a partnership for purposes of
federal and State income taxation, there is allowed a credit
under this Section to be determined in accordance with the
determination of income and distributive share of income under
Sections 702 and 704 and Subchapter S of the Internal Revenue
Code.
(c) The credit may not be carried back. If the amount of
the credit exceeds the tax liability for the year, the excess
may be carried forward and applied to the tax liability of the

5 taxable years following the excess credit year. The tax
credit shall be applied to the earliest year for which there is
a tax liability. If there are credits for more than one year
that are available to offset a liability, the earlier credit
shall be applied first.
(d) A taxpayer claiming the credit under this Section must
maintain and record any information that the Illinois Student
Assistance Commission, the Office of the State Treasurer, or
the Department may require regarding the matching contribution
for which the credit is claimed.
(Source: P.A. 96-198, eff. 8-10-09.)
Section 55. The Illinois Pension Code is amended by
changing Section 16-118 as follows:
(40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)
Sec. 16-118. Retirement. "Retirement": Entry upon a
retirement annuity or receipt of a single-sum retirement
benefit granted under this Article after termination of active
service as a teacher.
(a) An annuitant receiving a retirement annuity other than
a disability retirement annuity may accept employment as a
teacher from a school board or other employer specified in
Section 16-106 without impairing retirement status, if that
employment:
(1) is not within the school year during which service

was terminated; and
(2) does not exceed the following:
(i) before July 1, 2001, 100 paid days or 500 paid
hours in any school year;
(ii) during the period beginning July 1, 2001
through June 30, 2011, 120 paid days or 600 paid hours
in each school year;
(iii) during the period beginning July 1, 2011
through June 30, 2018, 100 paid days or 500 paid hours
in each school year;
(iv) beginning July 1, 2018 through June 30, 2021
2020, 120 paid days or 600 paid hours in each school
year, but not more than 100 paid days in the same
classroom; and
(v) beginning July 1, 2021 2020, 100 paid days or
500 paid hours in each school year.
Where such permitted employment is partly on a daily and
partly on an hourly basis, a day shall be considered as 5
hours.
(b) Subsection (a) does not apply to an annuitant who
returns to teaching under the program established in Section
16-150.1, for the duration of his or her participation in that
program.
(Source: P.A. 100-596, eff. 7-1-18.)
Section 60. The Environmental Protection Act is amended by

changing Section 28.5 as follows:
(415 ILCS 5/28.5)
Sec. 28.5. Clean Air Act rules; fast-track.
(a) This Section applies through December 31, 2021 2019 and
applies solely to the adoption of rules proposed by the Agency
and required to be adopted by the State under the Clean Air Act
as amended by the Clean Air Act Amendments of 1990 (CAAA).
(b) For purposes of this Section, a "fast-track" rulemaking
proceeding is a proceeding to promulgate a rule that the CAAA
requires to be adopted. For the purposes of this Section,
"requires to be adopted" refers only to those regulations or
parts of regulations for which the United States Environmental
Protection Agency is empowered to impose sanctions against the
State for failure to adopt such rules. All fast-track rules
must be adopted under procedures set forth in this Section,
unless another provision of this Act specifies the method for
adopting a specific rule.
(c) When the CAAA requires rules other than identical in
substance rules to be adopted, upon request by the Agency, the
Board must adopt rules under fast-track rulemaking
requirements.
(d) The Agency must submit its fast-track rulemaking
proposal in the following form:
(1) The Agency must file the rule in a form that meets
the requirements of the Illinois Administrative Procedure

Act and regulations promulgated thereunder.
(2) The cover sheet of the proposal shall prominently
state that the rule is being proposed under this Section.
(3) The proposal shall clearly identify the provisions
and portions of the federal statute, regulations,
guidance, policy statement, or other documents upon which
the rule is based.
(4) The supporting documentation for the rule shall
summarize the basis of the rule.
(5) The Agency must describe in general the alternative
selected and the basis for the alternative.
(6) The Agency must file a summary of economic and
technical data upon which it relied in drafting the rule.
(7) The Agency must provide a list of any documents
upon which it directly relied in drafting the rule or upon
which it intends to rely at the hearings and must provide
such documents to the Board. Additionally, the Agency must
make such documents available at an appropriate location
for inspection and copying at the expense of the interested
party.
(8) The Agency must include in its submission a
description of the geographical area to which the rule is
intended to apply, a description of the process or
processes affected, an identification by classes of the
entities expected to be affected, and a list of sources
expected to be affected by the rule to the extent known to

the Agency.
(e) Within 14 days of receipt of the proposal, the Board
must file the rule for first notice under the Illinois
Administrative Procedure Act and must schedule all required
hearings on the proposal and cause public notice to be given in
accordance with the Illinois Administrative Procedure Act and
the CAAA.
(f) The Board must set 3 hearings on the proposal, each of
which shall be scheduled to continue from day to day, excluding
weekends and State and federal holidays, until completed. The
Board must require the written submission of all testimony at
least 10 days before a hearing, with simultaneous service to
all participants of record in the proceeding as of 15 days
prior to hearing, unless a waiver is granted by the Board for
good cause. In order to further expedite the hearings,
presubmitted testimony shall be accepted into the record
without the reading of the testimony at hearing, provided that
the witness swears to the testimony and is available for
questioning, and the Board must make every effort to conduct
the proceedings expeditiously and avoid duplication and
extraneous material.
(1) The first hearing shall be held within 55 days of
receipt of the rule and shall be confined to testimony by
and questions of the Agency's witnesses concerning the
scope, applicability, and basis of the rule. Within 7 days
after the first hearing, any person may request that the

second hearing be held.
(A) If, after the first hearing, the Agency and
affected entities are in agreement on the rule, the
United States Environmental Protection Agency has not
informed the Board of any unresolved objection to the
rule, and no other interested party contests the rule
or asks for the opportunity to present additional
evidence, the Board may cancel the additional
hearings. When the Board adopts the final order under
these circumstances, it shall be based on the Agency's
proposal as agreed to by the parties.
(B) If, after the first hearing, the Agency and
affected entities are in agreement upon a portion of
the rule, the United States Environmental Protection
Agency has not informed the Board of any unresolved
objections to that agreed portion of the rule, and no
other interested party contests that agreed portion of
the rule or asks for the opportunity to present
additional evidence, the Board must proceed to the
second hearing, as provided in paragraph (2) of
subsection (g) of this Section, but the hearing shall
be limited in scope to the unresolved portion of the
proposal. When the Board adopts the final order under
these circumstances, it shall be based on such portion
of the Agency's proposal as agreed to by the parties.
(2) The second hearing shall be scheduled to commence

within 30 days of the first day of the first hearing and
shall be devoted to presentation of testimony, documents,
and comments by affected entities and all other interested
parties.
(3) The third hearing shall be scheduled to commence
within 14 days after the first day of the second hearing
and shall be devoted solely to any Agency response to the
material submitted at the second hearing and to any
response by other parties. The third hearing shall be
cancelled if the Agency indicates to the Board that it does
not intend to introduce any additional material.
(g) In any fast-track rulemaking proceeding, the Board must
accept evidence and comments on the economic impact of any
provision of the rule and must consider the economic impact of
the rule based on the record. The Board may order an economic
impact study in a manner that will not prevent adoption of the
rule within the time required by subsection (n) of this
Section.
(h) In all fast-track rulemakings under this Section, the
Board must take into account factors set forth in subsection
(a) of Section 27 of this Act.
(i) The Board must adopt rules in the fast-track rulemaking
docket under the requirements of this Section that the CAAA
requires to be adopted, and may consider a non-required rule in
a second docket that shall proceed under Title VII of this Act.
(j) The Board is directed to take whatever measures are

available to it to complete fast-track rulemaking as
expeditiously as possible consistent with the need for careful
consideration. These measures shall include, but not be limited
to, having hearings transcribed on an expedited basis.
(k) Following the hearings, the Board must close the record
14 days after the availability of the transcript.
(l) The Board must not revise or otherwise change an Agency
fast-track rulemaking proposal without agreement of the Agency
until after the end of the hearing and comment period. Any
revisions to an Agency proposal shall be based on the record of
the proceeding.
(m) All rules adopted by the Board under this Section shall
be based solely on the record before it.
(n) The Board must complete a fast-track rulemaking by
adopting a second notice order no later than 130 days after
receipt of the proposal if no third hearing is held and no
later than 150 days if the third hearing is held. If the order
includes a rule, the Illinois Board must file the rule for
second notice under the Illinois Administrative Procedure Act
within 5 days after adoption of the order.
(o) Upon receipt of a statement of no objection to the rule
from the Joint Committee on Administrative Rules, the Board
must adopt the final order and submit the rule to the Secretary
of State for publication and certification within 21 days.
(Source: P.A. 99-197, eff. 7-30-15.)

Section 65. The Clerks of Courts Act is amended by changing
Sections 27.1b and 27.1c as follows:
(705 ILCS 105/27.1b)
(Section scheduled to be repealed on January 1, 2021)
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
other provision of law, all fees charged by the clerks of the
circuit court for the services described in this Section shall
be established, collected, and disbursed in accordance with
this Section. Except as otherwise specified in this Section,
all fees under this Section shall be paid in advance and
disbursed by each clerk on a monthly basis. In a county with a
population of over 3,000,000, units of local government and
school districts shall not be required to pay fees under this
Section in advance and the clerk shall instead send an itemized
bill to the unit of local government or school district, within
30 days of the fee being incurred, and the unit of local
government or school district shall be allowed at least 30 days
from the date of the itemized bill to pay; these payments shall
be disbursed by each clerk on a monthly basis. Unless otherwise
specified in this Section, the amount of a fee shall be
determined by ordinance or resolution of the county board and
remitted to the county treasurer to be used for purposes
related to the operation of the court system in the county. In
a county with population of over 3,000,000, any amount retained
by the clerk of the circuit court or remitted to the county

treasurer shall be subject to appropriation by the county
board.
(a) Civil cases. The fee for filing a complaint, petition,
or other pleading initiating a civil action shall be as set
forth in the applicable schedule under this subsection in
accordance with case categories established by the Supreme
Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $366 in a
county with a population of 3,000,000 or more and not to
exceed $316 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:

(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $290 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $250 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(2) SCHEDULE 2: not to exceed a total of $357 in a
county with a population of 3,000,000 or more and not to
exceed $266 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the

approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund: and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $281 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $200 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(3) SCHEDULE 3: not to exceed a total of $265 in a
county with a population of 3,000,000 or more and not to
exceed $89 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed

$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $22 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $11 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts in accordance with the clerk's
instructions, as follows:
(i) $2 into the Access to Justice Fund; and
(ii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $199 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $56 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(4) SCHEDULE 4: $0.
(b) Appearance. The fee for filing an appearance in a civil

action, including a cannabis civil law action under the
Cannabis Control Act, shall be as set forth in the applicable
schedule under this subsection in accordance with case
categories established by the Supreme Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $230 in a
county with a population of 3,000,000 or more and not to
exceed $191 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$75. The fees collected under this schedule shall be
disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;

(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $159 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $125 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(2) SCHEDULE 2: not to exceed a total of $130 in a
county with a population of 3,000,000 or more and not to
exceed $109 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$75. The fees collected under this schedule shall be
disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $10 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $9 to the State
Treasurer, which the State Treasurer shall deposit

into the Supreme Court Special Purpose Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $71 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $90 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(3) SCHEDULE 3: $0.
(b-5) Kane County and Will County. In Kane County and Will
County civil cases, there is an additional fee of up to $30 as
set by the county board under Section 5-1101.3 of the Counties
Code to be paid by each party at the time of filing the first
pleading, paper, or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper, or other appearance.
Distribution of fees collected under this subsection (b-5)
shall be as provided in Section 5-1101.3 of the Counties Code.
(c) Counterclaim or third party complaint. When any
defendant files a counterclaim or third party complaint, as
part of the defendant's answer or otherwise, the defendant
shall pay a filing fee for each counterclaim or third party
complaint in an amount equal to the filing fee the defendant
would have had to pay had the defendant brought a separate
action for the relief sought in the counterclaim or third party
complaint, less the amount of the appearance fee, if any, that

the defendant has already paid in the action in which the
counterclaim or third party complaint is filed.
(d) Alias summons. The clerk shall collect a fee not to
exceed $6 in a county with a population of 3,000,000 or more
and not to exceed $5 in any other county for each alias summons
or citation issued by the clerk, except as applied to units of
local government and school districts in counties with more
than 3,000,000 inhabitants an amount not to exceed $5 for each
alias summons or citation issued by the clerk.
(e) Jury services. The clerk shall collect, in addition to
other fees allowed by law, a sum not to exceed $212.50, as a
fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every other
action wherein the right of trial by jury is or may be given by
law. The jury fee shall be paid by the party demanding a jury
at the time of filing the jury demand. If the fee is not paid by
either party, no jury shall be called in the action or
proceeding, and the action or proceeding shall be tried by the
court without a jury.
(f) Change of venue. In connection with a change of venue:
(1) The clerk of the jurisdiction from which the case
is transferred may charge a fee, not to exceed $40, for the
preparation and certification of the record; and
(2) The clerk of the jurisdiction to which the case is
transferred may charge the same filing fee as if it were

the commencement of a new suit.
(g) Petition to vacate or modify.
(1) In a proceeding involving a petition to vacate or
modify any final judgment or order filed within 30 days
after the judgment or order was entered, except for an
eviction case, small claims case, petition to reopen an
estate, petition to modify, terminate, or enforce a
judgment or order for child or spousal support, or petition
to modify, suspend, or terminate an order for withholding,
the fee shall not exceed $60 in a county with a population
of 3,000,000 or more and shall not exceed $50 in any other
county, except as applied to units of local government and
school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $50.
(2) In a proceeding involving a petition to vacate or
modify any final judgment or order filed more than 30 days
after the judgment or order was entered, except for a
petition to modify, terminate, or enforce a judgment or
order for child or spousal support, or petition to modify,
suspend, or terminate an order for withholding, the fee
shall not exceed $75.
(3) In a proceeding involving a motion to vacate or
amend a final order, motion to vacate an ex parte judgment,
judgment of forfeiture, or "failure to appear" or "failure
to comply" notices sent to the Secretary of State, the fee
shall equal $40.

(h) Appeals preparation. The fee for preparation of a
record on appeal shall be based on the number of pages, as
follows:
(1) if the record contains no more than 100 pages, the
fee shall not exceed $70 in a county with a population of
3,000,000 or more and shall not exceed $50 in any other
county;
(2) if the record contains between 100 and 200 pages,
the fee shall not exceed $100; and
(3) if the record contains 200 or more pages, the clerk
may collect an additional fee not to exceed 25 cents per
page.
(i) Remands. In any cases remanded to the circuit court
from the Supreme Court or the appellate court for a new trial,
the clerk shall reinstate the case with either its original
number or a new number. The clerk shall not charge any new or
additional fee for the reinstatement. Upon reinstatement, the
clerk shall advise the parties of the reinstatement. Parties
shall have the same right to a jury trial on remand and
reinstatement that they had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
(j) Garnishment, wage deduction, and citation. In
garnishment affidavit, wage deduction affidavit, and citation
petition proceedings:
(1) if the amount in controversy in the proceeding is

not more than $1,000, the fee may not exceed $35 in a
county with a population of 3,000,000 or more and may not
exceed $15 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$15;
(2) if the amount in controversy in the proceeding is
greater than $1,000 and not more than $5,000, the fee may
not exceed $45 in a county with a population of 3,000,000
or more and may not exceed $30 in any other county, except
as applied to units of local government and school
districts in counties with more than 3,000,000 inhabitants
an amount not to exceed $30; and
(3) if the amount in controversy in the proceeding is
greater than $5,000, the fee may not exceed $65 in a county
with a population of 3,000,000 or more and may not exceed
$50 in any other county, except as applied to units of
local government and school districts in counties with more
than 3,000,000 inhabitants an amount not to exceed $50.
(j-5) Debt collection. In any proceeding to collect a debt
subject to the exception in item (ii) of subparagraph (A-5) of
paragraph (1) of subsection (z) of this Section, the circuit
court shall order and the clerk shall collect from each
judgment debtor a fee of:
(1) $35 if the amount in controversy in the proceeding
is not more than $1,000;

(2) $45 if the amount in controversy in the proceeding
is greater than $1,000 and not more than $5,000; and
(3) $65 if the amount in controversy in the proceeding
is greater than $5,000.
(k) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support
cases, the clerk may collect a fee of up to 2.5% of the
amount collected and turned over.
(2) In child support and maintenance cases, the clerk
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee is in addition to and separate from amounts
ordered to be paid as maintenance or child support and
shall be deposited into a Separate Maintenance and Child
Support Collection Fund, of which the clerk shall be the
custodian, ex officio, to be used by the clerk to maintain
child support orders and record all payments issued by the
State Disbursement Unit for the official record of the
Court. The clerk may recover from the person making the
maintenance or child support payment any additional cost
incurred in the collection of this annual fee.
(3) The clerk may collect a fee of $5 for

certifications made to the Secretary of State as provided
in Section 7-703 of the Illinois Vehicle Code, and this fee
shall be deposited into the Separate Maintenance and Child
Support Collection Fund.
(4) In proceedings to foreclose the lien of delinquent
real estate taxes, State's Attorneys shall receive a fee of
10% of the total amount realized from the sale of real
estate sold in the proceedings. The clerk shall collect the
fee from the total amount realized from the sale of the
real estate sold in the proceedings and remit to the County
Treasurer to be credited to the earnings of the Office of
the State's Attorney.
(l) Mailing. The fee for the clerk mailing documents shall
not exceed $10 plus the cost of postage.
(m) Certified copies. The fee for each certified copy of a
judgment, after the first copy, shall not exceed $10.
(n) Certification, authentication, and reproduction.
(1) The fee for each certification or authentication
for taking the acknowledgment of a deed or other instrument
in writing with the seal of office shall not exceed $6.
(2) The fee for reproduction of any document contained
in the clerk's files shall not exceed:
(A) $2 for the first page;
(B) 50 cents per page for the next 19 pages; and
(C) 25 cents per page for all additional pages.
(o) Record search. For each record search, within a

division or municipal district, the clerk may collect a search
fee not to exceed $6 for each year searched.
(p) Hard copy. For each page of hard copy print output,
when case records are maintained on an automated medium, the
clerk may collect a fee not to exceed $10 in a county with a
population of 3,000,000 or more and not to exceed $6 in any
other county, except as applied to units of local government
and school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $6.
(q) Index inquiry and other records. No fee shall be
charged for a single plaintiff and defendant index inquiry or
single case record inquiry when this request is made in person
and the records are maintained in a current automated medium,
and when no hard copy print output is requested. The fees to be
charged for management records, multiple case records, and
multiple journal records may be specified by the Chief Judge
pursuant to the guidelines for access and dissemination of
information approved by the Supreme Court.
(r) Performing a marriage. There shall be a $10 fee for
performing a marriage in court.
(s) Voluntary assignment. For filing each deed of voluntary
assignment, the clerk shall collect a fee not to exceed $20.
For recording a deed of voluntary assignment, the clerk shall
collect a fee not to exceed 50 cents for each 100 words.
Exceptions filed to claims presented to an assignee of a debtor
who has made a voluntary assignment for the benefit of

creditors shall be considered and treated, for the purpose of
taxing costs therein, as actions in which the party or parties
filing the exceptions shall be considered as party or parties
plaintiff, and the claimant or claimants as party or parties
defendant, and those parties respectively shall pay to the
clerk the same fees as provided by this Section to be paid in
other actions.
(t) Expungement petition. The clerk may collect a fee not
to exceed $60 for each expungement petition filed and an
additional fee not to exceed $4 for each certified copy of an
order to expunge arrest records.
(u) Transcripts of judgment. For the filing of a transcript
of judgment, the clerk may collect the same fee as if it were
the commencement of a new suit.
(v) Probate filings.
(1) For each account (other than one final account)
filed in the estate of a decedent, or ward, the fee shall
not exceed $25.
(2) For filing a claim in an estate when the amount
claimed is greater than $150 and not more than $500, the
fee shall not exceed $40 in a county with a population of
3,000,000 or more and shall not exceed $25 in any other
county; when the amount claimed is greater than $500 and
not more than $10,000, the fee shall not exceed $55 in a
county with a population of 3,000,000 or more and shall not
exceed $40 in any other county; and when the amount claimed

is more than $10,000, the fee shall not exceed $75 in a
county with a population of 3,000,000 or more and shall not
exceed $60 in any other county; except the court in
allowing a claim may add to the amount allowed the filing
fee paid by the claimant.
(3) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of a
will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the
appointment of testamentary trustees, the fee shall not
exceed $60.
(4) There shall be no fee for filing in an estate: (i)
the appearance of any person for the purpose of consent; or
(ii) the appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem, or
special administrator.
(5) For each jury demand, the fee shall not exceed
$137.50.
(6) For each certified copy of letters of office, of
court order, or other certification, the fee shall not
exceed $2 per page.
(7) For each exemplification, the fee shall not exceed
$2, plus the fee for certification.
(8) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall pay

the cost of publication by the clerk directly to the
newspaper.
(9) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous
fees shall pay the same directly to the person entitled
thereto.
(10) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Corrections of numbers. For correction of the case
number, case title, or attorney computer identification
number, if required by rule of court, on any document filed in
the clerk's office, to be charged against the party that filed
the document, the fee shall not exceed $25.
(x) Miscellaneous.
(1) Interest earned on any fees collected by the clerk
shall be turned over to the county general fund as an
earning of the office.
(2) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, the clerk shall collect a fee
of $25.
(y) Other fees. Any fees not covered in this Section shall

be set by rule or administrative order of the circuit court
with the approval of the Administrative Office of the Illinois
Courts. The clerk of the circuit court may provide services in
connection with the operation of the clerk's office, other than
those services mentioned in this Section, as may be requested
by the public and agreed to by the clerk and approved by the
Chief Judge. Any charges for additional services shall be as
agreed to between the clerk and the party making the request
and approved by the Chief Judge. Nothing in this subsection
shall be construed to require any clerk to provide any service
not otherwise required by law.
(y-5) Unpaid fees. Unless a court ordered payment schedule
is implemented or the fee requirements of this Section are
waived under a court order, the clerk of the circuit court may
add to any unpaid fees and costs under this Section a
delinquency amount equal to 5% of the unpaid fees that remain
unpaid after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain unpaid
after 90 days. Notice to those parties may be made by signage
posting or publication. The additional delinquency amounts
collected under this Section shall be deposited into the
Circuit Court Clerk Operations and Administration Fund and used
to defray additional administrative costs incurred by the clerk
of the circuit court in collecting unpaid fees and costs.
(z) Exceptions.
(1) No fee authorized by this Section shall apply to:

(A) police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means: an agency of the State or agency of a unit of
local government which is vested by law or ordinance
with the duty to maintain public order and to enforce
criminal laws or ordinances; the Attorney General; or
any State's Attorney;
(A-5) any unit of local government or school
district, except in counties having a population of
500,000 or more the county board may by resolution set
fees for units of local government or school districts
no greater than the minimum fees applicable in counties
with a population less than 3,000,000; provided
however, no fee may be charged to any unit of local
government or school district in connection with any
action which, in whole or in part, is: (i) to enforce
an ordinance; (ii) to collect a debt; or (iii) under
the Administrative Review Law;
(B) any action instituted by the corporate
authority of a municipality with more than 1,000,000
inhabitants under Section 11-31-1 of the Illinois
Municipal Code and any action instituted under
subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real
property within 1,200 feet of a dangerous or unsafe
building seeking an order compelling the owner or

owners of the building to take any of the actions
authorized under that subsection;
(C) any commitment petition or petition for an
order authorizing the administration of psychotropic
medication or electroconvulsive therapy under the
Mental Health and Developmental Disabilities Code;
(D) a petitioner in any order of protection
proceeding, including, but not limited to, fees for
filing, modifying, withdrawing, certifying, or
photocopying petitions for orders of protection,
issuing alias summons, any related filing service, or
certifying, modifying, vacating, or photocopying any
orders of protection; or
(E) proceedings for the appointment of a
confidential intermediary under the Adoption Act.
(2) No fee other than the filing fee contained in the
applicable schedule in subsection (a) shall be charged to
any person in connection with an adoption proceeding.
(3) Upon good cause shown, the court may waive any fees
associated with a special needs adoption. The term "special
needs adoption" has the meaning provided by the Illinois
Department of Children and Family Services.
(aa) This Section is repealed on January 1, 2022 2021.
(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
100-1161, eff. 7-1-19.)

(705 ILCS 105/27.1c)
(Section scheduled to be repealed on January 1, 2021)
Sec. 27.1c. Assessment report.
(a) Not later than February 29, 2020, the clerk of the
circuit court shall submit to the Administrative Office of the
Illinois Courts a report for the period July 1, 2019 through
December 31, 2019 containing, with respect to each of the 4
categories of civil cases established by the Supreme Court
pursuant to Section 27.1b of this Act:
(1) the total number of cases that were filed;
(2) the amount of filing fees that were collected
pursuant to subsection (a) of Section 27.1b;
(3) the amount of appearance fees that were collected
pursuant to subsection (b) of Section 27.1b;
(4) the amount of fees collected pursuant to subsection
(b-5) of Section 27.1b;
(5) the amount of filing fees collected for
counterclaims or third party complaints pursuant to
subsection (c) of Section 27.1b;
(6) the nature and amount of any fees collected
pursuant to subsection (y) of Section 27.1b; and
(7) the number of cases for which, pursuant to Section
5-105 of the Code of Civil Procedure, there were waivers of
fees, costs, and charges of 25%, 50%, 75%, or 100%,
respectively, and the associated amount of fees, costs, and
charges that were waived.

(b) The Administrative Office of the Illinois Courts shall
publish the reports submitted under this Section on its
website.
(c) This Section is repealed on January 1, 2022 2021.
(Source: P.A. 100-1161, eff. 7-1-19.)
Section 70. The Criminal and Traffic Assessment Act is
amended by changing Section 20-5 as follows:
(705 ILCS 135/20-5)
(Section scheduled to be repealed on January 1, 2021)
Sec. 20-5. Repeal. This Act is repealed on January 1, 2022
2021.
(Source: P.A. 100-987, eff. 7-1-19.)
Section 75. The Code of Criminal Procedure of 1963 is
amended by changing Sections 106F-20 and 106F-25 as follows:
(725 ILCS 5/106F-20)
(Section scheduled to be repealed on July 1, 2020)
Sec. 106F-20. Task Force; meetings; duties.
(a) The Task Force on Children of Incarcerated Parents
shall meet at least 4 times beginning within 30 days after the
effective date of this amendatory Act of the 101st General
Assembly. The first meeting shall be held no later than August
1, 2019.

(b) The Task Force shall review available research, best
practices, and effective interventions to formulate
recommendations.
(c) The Task Force shall produce a report detailing the
Task Force's findings and recommendations and needed
resources. The Task Force shall submit a report of its findings
and recommendations to the General Assembly and the Governor by
March 1, 2021 2020.
(d) (Blank).
(Source: P.A. 101-480, eff. 8-23-19; 101-606, eff. 12-13-19.)
(725 ILCS 5/106F-25)
(Section scheduled to be repealed on July 1, 2020)
Sec. 106F-25. Repeal. This Article is repealed on January
1, 2022 July 1, 2020.
(Source: P.A. 101-606, eff. 12-13-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.