Public Act 097-1118

SB3349 Enrolled LRB097 16552 RLC 61724 b

AN ACT concerning criminal law.

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

represented in the General Assembly:

Section 5. The Criminal Identification Act is amended by

changing Section 5.2 as follows:

(20 ILCS 2630/5.2)

Sec. 5.2. Expungement and 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.

(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 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 Alcoholism

and Other Drug Abuse and Dependency 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 Alcoholism and Other Drug Abuse

and Dependency 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.

(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.

(3) Exclusions. Except as otherwise provided in

subsections (b)(5), (b)(6), and (e) 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.

(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, an order of qualified probation

(as defined in subsection (a)(1)(J)), or a conviction

for the following offenses:

(i) offenses included in Article 11 of the

Criminal Code of 1961 or a similar provision of a

local ordinance, except Section 11-14 of the

Criminal Code of 1961 or a similar provision of a

local ordinance;

(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or

26-5 of the Criminal Code of 1961 or a similar

provision of a local ordinance;

(iii) offenses defined as "crimes of violence"

in Section 2 of the Crime Victims Compensation Act

or a similar provision of a local ordinance;

(iv) offenses which are Class A misdemeanors

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) the sealing of the records of an arrest which

results in the petitioner being charged with a felony

offense or records of a charge not initiated by arrest

for a felony offense unless:

(i) the charge is amended to a misdemeanor and

is otherwise eligible to be sealed pursuant to

subsection (c);

(ii) the charge is brought along with another

charge as a part of one case and the charge results

in acquittal, dismissal, or conviction when the

conviction was reversed or vacated, and another

charge brought in the same case results in a

disposition for a misdemeanor offense that is

eligible to be sealed pursuant to subsection (c) or

a disposition listed in paragraph (i), (iii), or

(iv) of this subsection;

(iii) the charge results in first offender

probation as set forth in subsection (c)(2)(E);

(iv) the charge is for a Class 4 felony offense

listed in subsection (c)(2)(F) or the charge is

amended to a Class 4 felony offense listed in

subsection (c)(2)(F). Records of arrests which

result in the petitioner being charged with a Class

4 felony offense listed in subsection (c)(2)(F),

records of charges not initiated by arrest for

Class 4 felony offenses listed in subsection

(c)(2)(F), and records of charges amended to a

Class 4 felony offense listed in (c)(2)(F) may be

sealed, regardless of the disposition, subject to

any waiting periods set forth in subsection

(c)(3);

(v) the charge results in acquittal,

dismissal, or the petitioner's release without

conviction; or

(vi) the charge results in a conviction, but

the conviction was reversed or vacated.

(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:

(A) He or she has never been convicted of a

criminal offense; and

(B) 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.

(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 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.

(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 shall enter an

expungement order 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 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, Section 10-102 of the Illinois

Alcoholism and Other Drug Dependency Act, Section 40-10 of

the Alcoholism and Other Drug Abuse and Dependency Act, or

Section 10 of the Steroid Control Act.

(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.

(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 successfully

completed by the petitioner, unless excluded by

subsection (a)(3);

(D) Arrests or charges not initiated by arrest

resulting in convictions 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, or 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 Class 4 felony convictions for the

following offenses:

(i) Section 11-14 of the Criminal Code of 1961;

(ii) Section 4 of the Cannabis Control Act;

(iii) Section 402 of the Illinois Controlled

Substances Act;

(iv) the Methamphetamine Precursor Control

Act; and

(v) the Steroid Control Act.

(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) Records identified as eligible under

subsection (c)(2)(C) may be sealed (i) 3 years after

the termination of petitioner's last sentence (as

defined in subsection (a)(1)(F)) if the petitioner has

never been convicted of a criminal offense (as defined

in subsection (a)(1)(D)); or (ii) 4 years after the

termination of the petitioner's last sentence (as

defined in subsection (a)(1)(F)) if the petitioner has

ever been convicted of a criminal offense (as defined

in subsection (a)(1)(D)).

(C) Records identified as eligible under

subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be

sealed 4 years after the termination of the

petitioner's last sentence (as defined in subsection

(a)(1)(F)).

(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) and (e), and sealing under

subsection (c):

(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, if not waived.

(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.

(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 seal felony records pursuant to clause

(c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is

petitioning to expunge felony records of a qualified

probation pursuant to clause (b)(1)(B)(iv).

(4) Service of petition. The circuit court clerk shall

promptly serve a copy of the petition 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.

(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.

(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, and 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.

(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) Effect 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.

(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.

(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.

(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. 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.

(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 as

required by law or 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.

(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.

(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;

96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.

7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,

eff. 8-19-11; revised 9-6-11.)

Section 10. The Criminal Code of 1961 is amended by

changing Section 11-14 as follows:

(720 ILCS 5/11-14) (from Ch. 38, par. 11-14)

Sec. 11-14. Prostitution.

(a) Any person who knowingly performs, offers or agrees to

perform any act of sexual penetration as defined in Section

11-0.1 of this Code for anything of value, or any touching or

fondling of the sex organs of one person by another person, for

anything of value, for the purpose of sexual arousal or

gratification commits an act of prostitution.

(b) Sentence.

A violation of this Section is a Class A misdemeanor,

unless committed within 1,000 feet of real property comprising

a school, in which case it is a Class 4 felony. A second or

subsequent violation of this Section, or any combination of

convictions under this Section and Section 11-14.1

(solicitation of a sexual act), 11-14.3 (promoting

prostitution), 11-14.4 (promoting juvenile prostitution),

11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a

juvenile prostitute), 11-16 (pandering), 11-17 (keeping a

place of prostitution), 11-17.1 (keeping a place of juvenile

prostitution), 11-18 (patronizing a prostitute), 11-18.1

(patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1

(juvenile pimping or aggravated juvenile pimping), or 11-19.2

(exploitation of a child), is a Class 4 felony.

(c) First offender; felony prostitution.

(1) Whenever any person who has not previously been

convicted of or placed on probation for felony prostitution

or any law of the United States or of any other state

relating to felony prostitution pleads guilty to or is

found guilty of felony prostitution, the court, without

entering a judgment and with the consent of such person,

may sentence the person to probation.

(2) When a person is placed on probation, the court

shall enter an order specifying a period of probation of 24

months and shall defer further proceedings in the case

until the conclusion of the period or until the filing of a

petition alleging violation of a term or condition of

probation.

(3) The conditions of probation shall be that the

person: (i) not violate any criminal statute of any

jurisdiction; (ii) refrain from possessing a firearm or

other dangerous weapon; (iii) submit to periodic drug

testing at a time and in a manner as ordered by the court,

but no less than 3 times during the period of the

probation, with the cost of the testing to be paid by the

probationer; and (iv) perform no less than 30 hours of

community service, provided community service is available

in the jurisdiction and is funded and approved by the

county board.

(4) The court may, in addition to other conditions,

require that the person:

(A) make a report to and appear in person before or

participate with the court or such courts, person, or

social service agency as directed by the court in the

order of probation;

(B) pay a fine and costs;

(C) work or pursue a course of study or vocational

training;

(D) undergo medical or psychiatric treatment; or

treatment or rehabilitation by a provider approved by

the Illinois Department of Human Services;

(E) attend or reside in a facility established for

the instruction or residence of defendants on

probation;

(F) support his or her dependents;

(G) refrain from having in his or her body the

presence of any illicit drug prohibited by the Cannabis

Control Act or the Illinois Controlled Substances Act,

unless prescribed by a physician, and submit samples of

his or her blood or urine or both for tests to

determine the presence of any illicit drug.

(5) Upon violation of a term or condition of probation,

the court may enter a judgment on its original finding of

guilt and proceed as otherwise provided.

(6) Upon fulfillment of the terms and conditions of

probation, the court shall discharge the person and dismiss

the proceedings against him or her.

(7) A disposition of probation is considered to be a

conviction for the purposes of imposing the conditions of

probation and for appeal, however, discharge and dismissal

under this subsection is not a conviction for purposes of

this Code or for purposes of disqualifications or

disabilities imposed by law upon conviction of a crime.

(8) There may be only one discharge and dismissal under

this Section, Section 410 of the Illinois Controlled

Substances Act, Section 70 of the Methamphetamine Control

and Community Protection Act, Section 10 of the Cannabis

Control Act, or Section 5-6-3.3 of the Unified Code of

Corrections.

(9) If a person is convicted of prostitution within 5

years subsequent to a discharge and dismissal under this

subsection, the discharge and dismissal under this

subsection shall be admissible in the sentencing

proceeding for that conviction as evidence in aggravation.

(d) Notwithstanding the foregoing, if it is determined,

after a reasonable detention for investigative purposes, that a

person suspected of or charged with a violation of this Section

is a person under the age of 18, that person shall be immune

from prosecution for a prostitution offense under this Section,

and shall be subject to the temporary protective custody

provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of

1987. Pursuant to the provisions of Section 2-6 of the Juvenile

Court Act of 1987, a law enforcement officer who takes a person

under 18 years of age into custody under this Section shall

immediately report an allegation of a violation of Section 10-9

of this Code to the Illinois Department of Children and Family

Services State Central Register, which shall commence an

initial investigation into child abuse or child neglect within

24 hours pursuant to Section 7.4 of the Abused and Neglected

Child Reporting Act.

(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11.)

Section 15. The Cannabis Control Act is amended by changing

Section 10 as follows:

(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)

Sec. 10. (a) Whenever any person who has not previously

been convicted of, or placed on probation or court supervision

for, any offense under this Act or any law of the United States

or of any State relating to cannabis, or controlled substances

as defined in the Illinois Controlled Substances Act, pleads

guilty to or is found guilty of violating Sections 4(a), 4(b),

4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without

entering a judgment and with the consent of such person,

sentence him to probation.

(b) When a person is placed on probation, the court shall

enter an order specifying a period of probation of 24 months,

and shall defer further proceedings in the case until the

conclusion of the period or until the filing of a petition

alleging violation of a term or condition of probation.

(c) The conditions of probation shall be that the person:

(1) not violate any criminal statute of any jurisdiction; (2)

refrain from possession of a firearm or other dangerous weapon;

(3) submit to periodic drug testing at a time and in a manner

as ordered by the court, but no less than 3 times during the

period of the probation, with the cost of the testing to be

paid by the probationer; and (4) perform no less than 30 hours

of community service, provided community service is available

in the jurisdiction and is funded and approved by the county

board.

(d) The court may, in addition to other conditions, require

that the person:

(1) make a report to and appear in person before or

participate with the court or such courts, person, or

social service agency as directed by the court in the order

of probation;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational

training;

(4) undergo medical or psychiatric treatment; or

treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(6) support his dependents;

(7) refrain from possessing a firearm or other

dangerous weapon;

(7-5) refrain from having in his or her body the

presence of any illicit drug prohibited by the Cannabis

Control Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act,

unless prescribed by a physician, and submit samples of his

or her blood or urine or both for tests to determine the

presence of any illicit drug;

(8) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a

foster home.

(e) Upon violation of a term or condition of probation, the

court may enter a judgment on its original finding of guilt and

proceed as otherwise provided.

(f) Upon fulfillment of the terms and conditions of

probation, the court shall discharge such person and dismiss

the proceedings against him.

(g) A disposition of probation is considered to be a

conviction for the purposes of imposing the conditions of

probation and for appeal, however, discharge and dismissal

under this Section is not a conviction for purposes of

disqualification or disabilities imposed by law upon

conviction of a crime (including the additional penalty imposed

for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)

of this Act).

(h) Discharge and dismissal under this Section, Section 410

of the Illinois Controlled Substances Act, or Section 70 of the

Methamphetamine Control and Community Protection Act, Section

5-6-3.3 of the Unified Code of Corrections, or subsection (c)

of Section 11-14 of the Criminal Code of 1961 may occur only

once with respect to any person.

(i) If a person is convicted of an offense under this Act,

the Illinois Controlled Substances Act, or the Methamphetamine

Control and Community Protection Act within 5 years subsequent

to a discharge and dismissal under this Section, the discharge

and dismissal under this Section shall be admissible in the

sentencing proceeding for that conviction as a factor in

aggravation.

(Source: P.A. 94-556, eff. 9-11-05.)

Section 20. The Illinois Controlled Substances Act is

amended by changing Section 410 as follows:

(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)

Sec. 410. (a) Whenever any person who has not previously

been convicted of, or placed on probation or court supervision

for any offense under this Act or any law of the United States

or of any State relating to cannabis or controlled substances,

pleads guilty to or is found guilty of possession of a

controlled or counterfeit substance under subsection (c) of

Section 402 or of unauthorized possession of prescription form

under Section 406.2, the court, without entering a judgment and

with the consent of such person, may sentence him or her to

probation.

(b) When a person is placed on probation, the court shall

enter an order specifying a period of probation of 24 months

and shall defer further proceedings in the case until the

conclusion of the period or until the filing of a petition

alleging violation of a term or condition of probation.

(c) The conditions of probation shall be that the person:

(1) not violate any criminal statute of any jurisdiction; (2)

refrain from possessing a firearm or other dangerous weapon;

(3) submit to periodic drug testing at a time and in a manner

as ordered by the court, but no less than 3 times during the

period of the probation, with the cost of the testing to be

paid by the probationer; and (4) perform no less than 30 hours

of community service, provided community service is available

in the jurisdiction and is funded and approved by the county

board.

(d) The court may, in addition to other conditions, require

that the person:

(1) make a report to and appear in person before or

participate with the court or such courts, person, or

social service agency as directed by the court in the order

of probation;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational

training;

(4) undergo medical or psychiatric treatment; or

treatment or rehabilitation approved by the Illinois

Department of Human Services;

(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(6) support his or her dependents;

(6-5) refrain from having in his or her body the

presence of any illicit drug prohibited by the Cannabis

Control Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act,

unless prescribed by a physician, and submit samples of his

or her blood or urine or both for tests to determine the

presence of any illicit drug;

(7) and in addition, if a minor:

(i) reside with his or her parents or in a foster

home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his or her own support at home

or in a foster home.

(e) Upon violation of a term or condition of probation, the

court may enter a judgment on its original finding of guilt and

proceed as otherwise provided.

(f) Upon fulfillment of the terms and conditions of

probation, the court shall discharge the person and dismiss the

proceedings against him or her.

(g) A disposition of probation is considered to be a

conviction for the purposes of imposing the conditions of

probation and for appeal, however, discharge and dismissal

under this Section is not a conviction for purposes of this Act

or for purposes of disqualifications or disabilities imposed by

law upon conviction of a crime.

(h) There may be only one discharge and dismissal under

this Section, Section 10 of the Cannabis Control Act, or

Section 70 of the Methamphetamine Control and Community

Protection Act, Section 5-6-3.3 of the Unified Code of

Corrections, or subsection (c) of Section 11-14 of the Criminal

Code of 1961 with respect to any person.

(i) If a person is convicted of an offense under this Act,

the Cannabis Control Act, or the Methamphetamine Control and

Community Protection Act within 5 years subsequent to a

discharge and dismissal under this Section, the discharge and

dismissal under this Section shall be admissible in the

sentencing proceeding for that conviction as evidence in

aggravation.

(Source: P.A. 97-334, eff. 1-1-12.)

Section 25. The Methamphetamine Control and Community

Protection Act is amended by changing Section 70 as follows:

(720 ILCS 646/70)

Sec. 70. Probation.

(a) Whenever any person who has not previously been

convicted of, or placed on probation or court supervision for

any offense under this Act, the Illinois Controlled Substances

Act, the Cannabis Control Act, or any law of the United States

or of any state relating to cannabis or controlled substances,

pleads guilty to or is found guilty of possession of less than

15 grams of methamphetamine under paragraph (1) or (2) of

subsection (b) of Section 60 of this Act, the court, without

entering a judgment and with the consent of the person, may

sentence him or her to probation.

(b) When a person is placed on probation, the court shall

enter an order specifying a period of probation of 24 months

and shall defer further proceedings in the case until the

conclusion of the period or until the filing of a petition

alleging violation of a term or condition of probation.

(c) The conditions of probation shall be that the person:

(1) not violate any criminal statute of any

jurisdiction;

(2) refrain from possessing a firearm or other

dangerous weapon;

(3) submit to periodic drug testing at a time and in a

manner as ordered by the court, but no less than 3 times

during the period of the probation, with the cost of the

testing to be paid by the probationer; and

(4) perform no less than 30 hours of community service,

if community service is available in the jurisdiction and

is funded and approved by the county board.

(d) The court may, in addition to other conditions, require

that the person take one or more of the following actions:

(1) make a report to and appear in person before or

participate with the court or such courts, person, or

social service agency as directed by the court in the order

of probation;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational

training;

(4) undergo medical or psychiatric treatment; or

treatment or rehabilitation approved by the Illinois

Department of Human Services;

(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(6) support his or her dependents;

(7) refrain from having in his or her body the presence

of any illicit drug prohibited by this Act, the Cannabis

Control Act, or the Illinois Controlled Substances Act,

unless prescribed by a physician, and submit samples of his

or her blood or urine or both for tests to determine the

presence of any illicit drug; or

(8) if a minor:

(i) reside with his or her parents or in a foster

home;

(ii) attend school;

(iii) attend a non-residential program for youth;

or

(iv) contribute to his or her own support at home

or in a foster home.

(e) Upon violation of a term or condition of probation, the

court may enter a judgment on its original finding of guilt and

proceed as otherwise provided.

(f) Upon fulfillment of the terms and conditions of

probation, the court shall discharge the person and dismiss the

proceedings against the person.

(g) A disposition of probation is considered to be a

conviction for the purposes of imposing the conditions of

probation and for appeal, however, discharge and dismissal

under this Section is not a conviction for purposes of this Act

or for purposes of disqualifications or disabilities imposed by

law upon conviction of a crime.

(h) There may be only one discharge and dismissal under

this Section, Section 410 of the Illinois Controlled Substances

Act, or Section 10 of the Cannabis Control Act, Section 5-6-3.3

of the Unified Code of Corrections, or subsection (c) of

Section 11-14 of the Criminal Code of 1961 with respect to any

person.

(i) If a person is convicted of an offense under this Act,

the Cannabis Control Act, or the Illinois Controlled Substances

Act within 5 years subsequent to a discharge and dismissal

under this Section, the discharge and dismissal under this

Section are admissible in the sentencing proceeding for that

conviction as evidence in aggravation.

(Source: P.A. 94-556, eff. 9-11-05.)

Section 30. The Unified Code of Corrections is amended by

adding Section 5-6-3.3 as follows:

(730 ILCS 5/5-6-3.3 new)

Sec. 5-6-3.3. Offender Initiative Program.

(a) Statement of purpose. The General Assembly seeks to

continue other successful programs that promote public safety,

conserve valuable resources, and reduce recidivism by

defendants who can lead productive lives by creating the

Offender Initiative Program.

(a-1) Whenever any person who has not previously been

convicted of, or placed on probation or conditional discharge

for, any felony offense under the laws of this State, the laws

of any other state, or the laws of the United States, is

arrested for and charged with a probationable felony offense of

theft, retail theft, forgery, possession of a stolen motor

vehicle, burglary, possession of burglary tools, possession of

cannabis, possession of a controlled substance, or possession

of methamphetamine, the court, with the consent of the

defendant and the State's Attorney, may continue this matter to

allow a defendant to participate and complete the Offender

Initiative Program.

(a-2) Exemptions. A defendant shall not be eligible for

this Program if the offense he or she has been arrested for and

charged with is a violent offense. For purposes of this

Program, a "violent offense" is any offense where bodily harm

was inflicted or where force was used against any person or

threatened against any person, any offense involving sexual

conduct, sexual penetration, or sexual exploitation, any

offense of domestic violence, domestic battery, violation of an

order of protection, stalking, hate crime, driving under the

influence of drugs or alcohol, and any offense involving the

possession of a firearm or dangerous weapon. A defendant shall

not be eligible for this Program if he or she has previously

been adjudicated a delinquent minor for the commission of a

violent offense as defined in this subsection.

(b) When a defendant is placed in the Program, after both

the defendant and State's Attorney waive preliminary hearing

pursuant to Section 109-3 of the Code of Criminal Procedure of

1963, the court shall enter an order specifying that the

proceedings shall be suspended while the defendant is

participating in a Program of not less 12 months.

(c) The conditions of the Program shall be that the

defendant:

(1) not violate any criminal statute of this State or

any other jurisdiction;

(2) refrain from possessing a firearm or other

dangerous weapon;

(3) make full restitution to the victim or property

owner pursuant to Section 5-5-6 of this Code;

(4) obtain employment or perform not less than 30 hours

of community service, provided community service is

available in the county and is funded and approved by the

county board; and

(5) attend educational courses designed to prepare the

defendant for obtaining a high school diploma or to work

toward passing the high school level test of General

Educational Development (G.E.D.) or to work toward

completing a vocational training program.

(d) The court may, in addition to other conditions, require

that the defendant:

(1) undergo medical or psychiatric treatment, or

treatment or rehabilitation approved by the Illinois

Department of Human Services;

(2) refrain from having in his or her body the presence

of any illicit drug prohibited by the Methamphetamine

Control and Community Protection Act, the Cannabis Control

Act or the Illinois Controlled Substances Act, unless

prescribed by a physician, and submit samples of his or her

blood or urine or both for tests to determine the presence

of any illicit drug;

(3) submit to periodic drug testing at a time, manner,

and frequency as ordered by the court;

(4) pay fines, fees and costs; and

(5) in addition, if a minor:

(i) reside with his or her parents or in a foster

home;

(ii) attend school;

(iii) attend a non-residential program for youth;

or

(iv) contribute to his or her own support at home

or in a foster home.

(e) When the State's Attorney makes a factually specific

offer of proof that the defendant has failed to successfully

complete the Program or has violated any of the conditions of

the Program, the court shall enter an order that the defendant

has not successfully completed the Program and continue the

case for arraignment pursuant to Section 113-1 of the Code of

Criminal Procedure of 1963 for further proceedings as if the

defendant had not participated in the Program.

(f) Upon fulfillment of the terms and conditions of the

Program, the State's Attorney shall dismiss the case or the

court shall discharge the person and dismiss the proceedings

against the person.

(g) There may be only one discharge and dismissal under

this Section with respect to any person.