Illinois 2023-2024 Regular Session

Illinois House Bill HB1090 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1090 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 20 ILCS 2630/5.2 410 ILCS 705/10-15 720 ILCS 550/5 from Ch. 56 1/2, par. 705 720 ILCS 550/4 rep. Amends the Criminal Identification Act. Provides that the Illinois 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 any person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that the clerk of the circuit court shall, on the effective date of the amendatory Act, automatically expunge the court records of a person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that a person imprisoned solely as a result of one or more convictions for possession or delivery, but not manufacture or production, of cannabis shall be released from incarceration on the effective date of the amendatory Act. Provides that, notwithstanding these provisions, no person shall be eligible for expungement if the violation occurred during the commission by the person of first degree murder, kidnapping, aggravated kidnaping, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse. Amends the Cannabis Control Act. Repeals the provision prohibiting the possession of cannabis. Modifies the provision prohibiting the delivery or manufacture of cannabis so it applies only to manufacture or production of cannabis. Amends the Cannabis Regulation and Tax Act to make conforming changes. LRB103 04858 RLC 49868 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1090 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 20 ILCS 2630/5.2 410 ILCS 705/10-15 720 ILCS 550/5 from Ch. 56 1/2, par. 705 720 ILCS 550/4 rep. 20 ILCS 2630/5.2 410 ILCS 705/10-15 720 ILCS 550/5 from Ch. 56 1/2, par. 705 720 ILCS 550/4 rep. Amends the Criminal Identification Act. Provides that the Illinois 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 any person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that the clerk of the circuit court shall, on the effective date of the amendatory Act, automatically expunge the court records of a person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that a person imprisoned solely as a result of one or more convictions for possession or delivery, but not manufacture or production, of cannabis shall be released from incarceration on the effective date of the amendatory Act. Provides that, notwithstanding these provisions, no person shall be eligible for expungement if the violation occurred during the commission by the person of first degree murder, kidnapping, aggravated kidnaping, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse. Amends the Cannabis Control Act. Repeals the provision prohibiting the possession of cannabis. Modifies the provision prohibiting the delivery or manufacture of cannabis so it applies only to manufacture or production of cannabis. Amends the Cannabis Regulation and Tax Act to make conforming changes. LRB103 04858 RLC 49868 b LRB103 04858 RLC 49868 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1090 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 2630/5.2 410 ILCS 705/10-15 720 ILCS 550/5 from Ch. 56 1/2, par. 705 720 ILCS 550/4 rep. 20 ILCS 2630/5.2 410 ILCS 705/10-15 720 ILCS 550/5 from Ch. 56 1/2, par. 705 720 ILCS 550/4 rep.
4	4	20 ILCS 2630/5.2
5	5	410 ILCS 705/10-15
6	6	720 ILCS 550/5 from Ch. 56 1/2, par. 705
7	7	720 ILCS 550/4 rep.
8	8	Amends the Criminal Identification Act. Provides that the Illinois 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 any person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that the clerk of the circuit court shall, on the effective date of the amendatory Act, automatically expunge the court records of a person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that a person imprisoned solely as a result of one or more convictions for possession or delivery, but not manufacture or production, of cannabis shall be released from incarceration on the effective date of the amendatory Act. Provides that, notwithstanding these provisions, no person shall be eligible for expungement if the violation occurred during the commission by the person of first degree murder, kidnapping, aggravated kidnaping, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse. Amends the Cannabis Control Act. Repeals the provision prohibiting the possession of cannabis. Modifies the provision prohibiting the delivery or manufacture of cannabis so it applies only to manufacture or production of cannabis. Amends the Cannabis Regulation and Tax Act to make conforming changes.
9	9	LRB103 04858 RLC 49868 b LRB103 04858 RLC 49868 b
10	10	LRB103 04858 RLC 49868 b
11	11	A BILL FOR
12	12	HB1090LRB103 04858 RLC 49868 b HB1090 LRB103 04858 RLC 49868 b
13	13	HB1090 LRB103 04858 RLC 49868 b
14	14	1 AN ACT concerning cannabis.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Criminal Identification Act is amended by
18	18	5 changing Section 5.2 as follows:
19	19	6 (20 ILCS 2630/5.2)
20	20	7 Sec. 5.2. Expungement, sealing, and immediate sealing.
21	21	8 (a) General Provisions.
22	22	9 (1) Definitions. In this Act, words and phrases have
23	23	10 the meanings set forth in this subsection, except when a
24	24	11 particular context clearly requires a different meaning.
25	25	12 (A) The following terms shall have the meanings
26	26	13 ascribed to them in the following Sections of the
27	27	14 Unified Code of Corrections:
28	28	15 Business Offense, Section 5-1-2.
29	29	16 Charge, Section 5-1-3.
30	30	17 Court, Section 5-1-6.
31	31	18 Defendant, Section 5-1-7.
32	32	19 Felony, Section 5-1-9.
33	33	20 Imprisonment, Section 5-1-10.
34	34	21 Judgment, Section 5-1-12.
35	35	22 Misdemeanor, Section 5-1-14.
36	36	23 Offense, Section 5-1-15.
37	37
38	38
39	39
40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1090 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
41	41	20 ILCS 2630/5.2 410 ILCS 705/10-15 720 ILCS 550/5 from Ch. 56 1/2, par. 705 720 ILCS 550/4 rep. 20 ILCS 2630/5.2 410 ILCS 705/10-15 720 ILCS 550/5 from Ch. 56 1/2, par. 705 720 ILCS 550/4 rep.
42	42	20 ILCS 2630/5.2
43	43	410 ILCS 705/10-15
44	44	720 ILCS 550/5 from Ch. 56 1/2, par. 705
45	45	720 ILCS 550/4 rep.
46	46	Amends the Criminal Identification Act. Provides that the Illinois 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 any person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that the clerk of the circuit court shall, on the effective date of the amendatory Act, automatically expunge the court records of a person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that a person imprisoned solely as a result of one or more convictions for possession or delivery, but not manufacture or production, of cannabis shall be released from incarceration on the effective date of the amendatory Act. Provides that, notwithstanding these provisions, no person shall be eligible for expungement if the violation occurred during the commission by the person of first degree murder, kidnapping, aggravated kidnaping, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse. Amends the Cannabis Control Act. Repeals the provision prohibiting the possession of cannabis. Modifies the provision prohibiting the delivery or manufacture of cannabis so it applies only to manufacture or production of cannabis. Amends the Cannabis Regulation and Tax Act to make conforming changes.
47	47	LRB103 04858 RLC 49868 b LRB103 04858 RLC 49868 b
48	48	LRB103 04858 RLC 49868 b
49	49	A BILL FOR
50	50
51	51
52	52
53	53
54	54
55	55	20 ILCS 2630/5.2
56	56	410 ILCS 705/10-15
57	57	720 ILCS 550/5 from Ch. 56 1/2, par. 705
58	58	720 ILCS 550/4 rep.
59	59
60	60
61	61
62	62	LRB103 04858 RLC 49868 b
63	63
64	64
65	65
66	66
67	67
68	68
69	69
70	70
71	71
72	72	HB1090 LRB103 04858 RLC 49868 b
73	73
74	74
75	75	HB1090- 2 -LRB103 04858 RLC 49868 b HB1090 - 2 - LRB103 04858 RLC 49868 b
76	76	HB1090 - 2 - LRB103 04858 RLC 49868 b
77	77	1 Parole, Section 5-1-16.
78	78	2 Petty Offense, Section 5-1-17.
79	79	3 Probation, Section 5-1-18.
80	80	4 Sentence, Section 5-1-19.
81	81	5 Supervision, Section 5-1-21.
82	82	6 Victim, Section 5-1-22.
83	83	7 (B) As used in this Section, "charge not initiated
84	84	8 by arrest" means a charge (as defined by Section 5-1-3
85	85	9 of the Unified Code of Corrections) brought against a
86	86	10 defendant where the defendant is not arrested prior to
87	87	11 or as a direct result of the charge.
88	88	12 (C) "Conviction" means a judgment of conviction or
89	89	13 sentence entered upon a plea of guilty or upon a
90	90	14 verdict or finding of guilty of an offense, rendered
91	91	15 by a legally constituted jury or by a court of
92	92	16 competent jurisdiction authorized to try the case
93	93	17 without a jury. An order of supervision successfully
94	94	18 completed by the petitioner is not a conviction. An
95	95	19 order of qualified probation (as defined in subsection
96	96	20 (a)(1)(J)) successfully completed by the petitioner is
97	97	21 not a conviction. An order of supervision or an order
98	98	22 of qualified probation that is terminated
99	99	23 unsatisfactorily is a conviction, unless the
100	100	24 unsatisfactory termination is reversed, vacated, or
101	101	25 modified and the judgment of conviction, if any, is
102	102	26 reversed or vacated.
103	103
104	104
105	105
106	106
107	107
108	108	HB1090 - 2 - LRB103 04858 RLC 49868 b
109	109
110	110
111	111	HB1090- 3 -LRB103 04858 RLC 49868 b HB1090 - 3 - LRB103 04858 RLC 49868 b
112	112	HB1090 - 3 - LRB103 04858 RLC 49868 b
113	113	1 (D) "Criminal offense" means a petty offense,
114	114	2 business offense, misdemeanor, felony, or municipal
115	115	3 ordinance violation (as defined in subsection
116	116	4 (a)(1)(H)). As used in this Section, a minor traffic
117	117	5 offense (as defined in subsection (a)(1)(G)) shall not
118	118	6 be considered a criminal offense.
119	119	7 (E) "Expunge" means to physically destroy the
120	120	8 records or return them to the petitioner and to
121	121	9 obliterate the petitioner's name from any official
122	122	10 index or public record, or both. Nothing in this Act
123	123	11 shall require the physical destruction of the circuit
124	124	12 court file, but such records relating to arrests or
125	125	13 charges, or both, ordered expunged shall be impounded
126	126	14 as required by subsections (d)(9)(A)(ii) and
127	127	15 (d)(9)(B)(ii).
128	128	16 (F) As used in this Section, "last sentence" means
129	129	17 the sentence, order of supervision, or order of
130	130	18 qualified probation (as defined by subsection
131	131	19 (a)(1)(J)), for a criminal offense (as defined by
132	132	20 subsection (a)(1)(D)) that terminates last in time in
133	133	21 any jurisdiction, regardless of whether the petitioner
134	134	22 has included the criminal offense for which the
135	135	23 sentence or order of supervision or qualified
136	136	24 probation was imposed in his or her petition. If
137	137	25 multiple sentences, orders of supervision, or orders
138	138	26 of qualified probation terminate on the same day and
139	139
140	140
141	141
142	142
143	143
144	144	HB1090 - 3 - LRB103 04858 RLC 49868 b
145	145
146	146
147	147	HB1090- 4 -LRB103 04858 RLC 49868 b HB1090 - 4 - LRB103 04858 RLC 49868 b
148	148	HB1090 - 4 - LRB103 04858 RLC 49868 b
149	149	1 are last in time, they shall be collectively
150	150	2 considered the "last sentence" regardless of whether
151	151	3 they were ordered to run concurrently.
152	152	4 (G) "Minor traffic offense" means a petty offense,
153	153	5 business offense, or Class C misdemeanor under the
154	154	6 Illinois Vehicle Code or a similar provision of a
155	155	7 municipal or local ordinance.
156	156	8 (G-5) "Minor Cannabis Offense" means a violation
157	157	9 of Section 4 or 5 of the Cannabis Control Act
158	158	10 concerning not more than 30 grams of any substance
159	159	11 containing cannabis, provided the violation did not
160	160	12 include a penalty enhancement under Section 7 of the
161	161	13 Cannabis Control Act and is not associated with an
162	162	14 arrest, conviction or other disposition for a violent
163	163	15 crime as defined in subsection (c) of Section 3 of the
164	164	16 Rights of Crime Victims and Witnesses Act.
165	165	17 (H) "Municipal ordinance violation" means an
166	166	18 offense defined by a municipal or local ordinance that
167	167	19 is criminal in nature and with which the petitioner
168	168	20 was charged or for which the petitioner was arrested
169	169	21 and released without charging.
170	170	22 (I) "Petitioner" means an adult or a minor
171	171	23 prosecuted as an adult who has applied for relief
172	172	24 under this Section.
173	173	25 (J) "Qualified probation" means an order of
174	174	26 probation under Section 10 of the Cannabis Control
175	175
176	176
177	177
178	178
179	179
180	180	HB1090 - 4 - LRB103 04858 RLC 49868 b
181	181
182	182
183	183	HB1090- 5 -LRB103 04858 RLC 49868 b HB1090 - 5 - LRB103 04858 RLC 49868 b
184	184	HB1090 - 5 - LRB103 04858 RLC 49868 b
185	185	1 Act, Section 410 of the Illinois Controlled Substances
186	186	2 Act, Section 70 of the Methamphetamine Control and
187	187	3 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
188	188	4 of the Unified Code of Corrections, Section
189	189	5 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
190	190	6 those provisions existed before their deletion by
191	191	7 Public Act 89-313), Section 10-102 of the Illinois
192	192	8 Alcoholism and Other Drug Dependency Act, Section
193	193	9 40-10 of the Substance Use Disorder Act, or Section 10
194	194	10 of the Steroid Control Act. For the purpose of this
195	195	11 Section, "successful completion" of an order of
196	196	12 qualified probation under Section 10-102 of the
197	197	13 Illinois Alcoholism and Other Drug Dependency Act and
198	198	14 Section 40-10 of the Substance Use Disorder Act means
199	199	15 that the probation was terminated satisfactorily and
200	200	16 the judgment of conviction was vacated.
201	201	17 (K) "Seal" means to physically and electronically
202	202	18 maintain the records, unless the records would
203	203	19 otherwise be destroyed due to age, but to make the
204	204	20 records unavailable without a court order, subject to
205	205	21 the exceptions in Sections 12 and 13 of this Act. The
206	206	22 petitioner's name shall also be obliterated from the
207	207	23 official index required to be kept by the circuit
208	208	24 court clerk under Section 16 of the Clerks of Courts
209	209	25 Act, but any index issued by the circuit court clerk
210	210	26 before the entry of the order to seal shall not be
211	211
212	212
213	213
214	214
215	215
216	216	HB1090 - 5 - LRB103 04858 RLC 49868 b
217	217
218	218
219	219	HB1090- 6 -LRB103 04858 RLC 49868 b HB1090 - 6 - LRB103 04858 RLC 49868 b
220	220	HB1090 - 6 - LRB103 04858 RLC 49868 b
221	221	1 affected.
222	222	2 (L) "Sexual offense committed against a minor"
223	223	3 includes, but is not limited to, the offenses of
224	224	4 indecent solicitation of a child or criminal sexual
225	225	5 abuse when the victim of such offense is under 18 years
226	226	6 of age.
227	227	7 (M) "Terminate" as it relates to a sentence or
228	228	8 order of supervision or qualified probation includes
229	229	9 either satisfactory or unsatisfactory termination of
230	230	10 the sentence, unless otherwise specified in this
231	231	11 Section. A sentence is terminated notwithstanding any
232	232	12 outstanding financial legal obligation.
233	233	13 (2) Minor Traffic Offenses. Orders of supervision or
234	234	14 convictions for minor traffic offenses shall not affect a
235	235	15 petitioner's eligibility to expunge or seal records
236	236	16 pursuant to this Section.
237	237	17 (2.5) Commencing 180 days after July 29, 2016 (the
238	238	18 effective date of Public Act 99-697), the law enforcement
239	239	19 agency issuing the citation shall automatically expunge,
240	240	20 on or before January 1 and July 1 of each year, the law
241	241	21 enforcement records of a person found to have committed a
242	242	22 civil law violation of subsection (a) of Section 4 of the
243	243	23 Cannabis Control Act or subsection (c) of Section 3.5 of
244	244	24 the Drug Paraphernalia Control Act in the law enforcement
245	245	25 agency's possession or control and which contains the
246	246	26 final satisfactory disposition which pertain to the person
247	247
248	248
249	249
250	250
251	251
252	252	HB1090 - 6 - LRB103 04858 RLC 49868 b
253	253
254	254
255	255	HB1090- 7 -LRB103 04858 RLC 49868 b HB1090 - 7 - LRB103 04858 RLC 49868 b
256	256	HB1090 - 7 - LRB103 04858 RLC 49868 b
257	257	1 issued a citation for that offense. The law enforcement
258	258	2 agency shall provide by rule the process for access,
259	259	3 review, and to confirm the automatic expungement by the
260	260	4 law enforcement agency issuing the citation. Commencing
261	261	5 180 days after July 29, 2016 (the effective date of Public
262	262	6 Act 99-697), the clerk of the circuit court shall expunge,
263	263	7 upon order of the court, or in the absence of a court order
264	264	8 on or before January 1 and July 1 of each year, the court
265	265	9 records of a person found in the circuit court to have
266	266	10 committed a civil law violation of subsection (a) of
267	267	11 Section 4 of the Cannabis Control Act or subsection (c) of
268	268	12 Section 3.5 of the Drug Paraphernalia Control Act in the
269	269	13 clerk's possession or control and which contains the final
270	270	14 satisfactory disposition which pertain to the person
271	271	15 issued a citation for any of those offenses.
272	272	16 (3) Exclusions. Except as otherwise provided in
273	273	17 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
274	274	18 of this Section, the court shall not order:
275	275	19 (A) the sealing or expungement of the records of
276	276	20 arrests or charges not initiated by arrest that result
277	277	21 in an order of supervision for or conviction of: (i)
278	278	22 any sexual offense committed against a minor; (ii)
279	279	23 Section 11-501 of the Illinois Vehicle Code or a
280	280	24 similar provision of a local ordinance; or (iii)
281	281	25 Section 11-503 of the Illinois Vehicle Code or a
282	282	26 similar provision of a local ordinance, unless the
283	283
284	284
285	285
286	286
287	287
288	288	HB1090 - 7 - LRB103 04858 RLC 49868 b
289	289
290	290
291	291	HB1090- 8 -LRB103 04858 RLC 49868 b HB1090 - 8 - LRB103 04858 RLC 49868 b
292	292	HB1090 - 8 - LRB103 04858 RLC 49868 b
293	293	1 arrest or charge is for a misdemeanor violation of
294	294	2 subsection (a) of Section 11-503 or a similar
295	295	3 provision of a local ordinance, that occurred prior to
296	296	4 the offender reaching the age of 25 years and the
297	297	5 offender has no other conviction for violating Section
298	298	6 11-501 or 11-503 of the Illinois Vehicle Code or a
299	299	7 similar provision of a local ordinance.
300	300	8 (B) the sealing or expungement of records of minor
301	301	9 traffic offenses (as defined in subsection (a)(1)(G)),
302	302	10 unless the petitioner was arrested and released
303	303	11 without charging.
304	304	12 (C) the sealing of the records of arrests or
305	305	13 charges not initiated by arrest which result in an
306	306	14 order of supervision or a conviction for the following
307	307	15 offenses:
308	308	16 (i) offenses included in Article 11 of the
309	309	17 Criminal Code of 1961 or the Criminal Code of 2012
310	310	18 or a similar provision of a local ordinance,
311	311	19 except Section 11-14 and a misdemeanor violation
312	312	20 of Section 11-30 of the Criminal Code of 1961 or
313	313	21 the Criminal Code of 2012, or a similar provision
314	314	22 of a local ordinance;
315	315	23 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
316	316	24 26-5, or 48-1 of the Criminal Code of 1961 or the
317	317	25 Criminal Code of 2012, or a similar provision of a
318	318	26 local ordinance;
319	319
320	320
321	321
322	322
323	323
324	324	HB1090 - 8 - LRB103 04858 RLC 49868 b
325	325
326	326
327	327	HB1090- 9 -LRB103 04858 RLC 49868 b HB1090 - 9 - LRB103 04858 RLC 49868 b
328	328	HB1090 - 9 - LRB103 04858 RLC 49868 b
329	329	1 (iii) Section Sections 12-3.1 or 12-3.2 of the
330	330	2 Criminal Code of 1961 or the Criminal Code of
331	331	3 2012, or Section 125 of the Stalking No Contact
332	332	4 Order Act, or Section 219 of the Civil No Contact
333	333	5 Order Act, or a similar provision of a local
334	334	6 ordinance;
335	335	7 (iv) Class A misdemeanors or felony offenses
336	336	8 under the Humane Care for Animals Act; or
337	337	9 (v) any offense or attempted offense that
338	338	10 would subject a person to registration under the
339	339	11 Sex Offender Registration Act.
340	340	12 (D) (blank).
341	341	13 (b) Expungement.
342	342	14 (1) A petitioner may petition the circuit court to
343	343	15 expunge the records of his or her arrests and charges not
344	344	16 initiated by arrest when each arrest or charge not
345	345	17 initiated by arrest sought to be expunged resulted in: (i)
346	346	18 acquittal, dismissal, or the petitioner's release without
347	347	19 charging, unless excluded by subsection (a)(3)(B); (ii) a
348	348	20 conviction which was vacated or reversed, unless excluded
349	349	21 by subsection (a)(3)(B); (iii) an order of supervision and
350	350	22 such supervision was successfully completed by the
351	351	23 petitioner, unless excluded by subsection (a)(3)(A) or
352	352	24 (a)(3)(B); or (iv) an order of qualified probation (as
353	353	25 defined in subsection (a)(1)(J)) and such probation was
354	354	26 successfully completed by the petitioner.
355	355
356	356
357	357
358	358
359	359
360	360	HB1090 - 9 - LRB103 04858 RLC 49868 b
361	361
362	362
363	363	HB1090- 10 -LRB103 04858 RLC 49868 b HB1090 - 10 - LRB103 04858 RLC 49868 b
364	364	HB1090 - 10 - LRB103 04858 RLC 49868 b
365	365	1 (1.5) When a petitioner seeks to have a record of
366	366	2 arrest expunged under this Section, and the offender has
367	367	3 been convicted of a criminal offense, the State's Attorney
368	368	4 may object to the expungement on the grounds that the
369	369	5 records contain specific relevant information aside from
370	370	6 the mere fact of the arrest.
371	371	7 (2) Time frame for filing a petition to expunge.
372	372	8 (A) When the arrest or charge not initiated by
373	373	9 arrest sought to be expunged resulted in an acquittal,
374	374	10 dismissal, the petitioner's release without charging,
375	375	11 or the reversal or vacation of a conviction, there is
376	376	12 no waiting period to petition for the expungement of
377	377	13 such records.
378	378	14 (B) When the arrest or charge not initiated by
379	379	15 arrest sought to be expunged resulted in an order of
380	380	16 supervision, successfully completed by the petitioner,
381	381	17 the following time frames will apply:
382	382	18 (i) Those arrests or charges that resulted in
383	383	19 orders of supervision under Section 3-707, 3-708,
384	384	20 3-710, or 5-401.3 of the Illinois Vehicle Code or
385	385	21 a similar provision of a local ordinance, or under
386	386	22 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
387	387	23 Code of 1961 or the Criminal Code of 2012, or a
388	388	24 similar provision of a local ordinance, shall not
389	389	25 be eligible for expungement until 5 years have
390	390	26 passed following the satisfactory termination of
391	391
392	392
393	393
394	394
395	395
396	396	HB1090 - 10 - LRB103 04858 RLC 49868 b
397	397
398	398
399	399	HB1090- 11 -LRB103 04858 RLC 49868 b HB1090 - 11 - LRB103 04858 RLC 49868 b
400	400	HB1090 - 11 - LRB103 04858 RLC 49868 b
401	401	1 the supervision.
402	402	2 (i-5) Those arrests or charges that resulted
403	403	3 in orders of supervision for a misdemeanor
404	404	4 violation of subsection (a) of Section 11-503 of
405	405	5 the Illinois Vehicle Code or a similar provision
406	406	6 of a local ordinance, that occurred prior to the
407	407	7 offender reaching the age of 25 years and the
408	408	8 offender has no other conviction for violating
409	409	9 Section 11-501 or 11-503 of the Illinois Vehicle
410	410	10 Code or a similar provision of a local ordinance
411	411	11 shall not be eligible for expungement until the
412	412	12 petitioner has reached the age of 25 years.
413	413	13 (ii) Those arrests or charges that resulted in
414	414	14 orders of supervision for any other offenses shall
415	415	15 not be eligible for expungement until 2 years have
416	416	16 passed following the satisfactory termination of
417	417	17 the supervision.
418	418	18 (C) When the arrest or charge not initiated by
419	419	19 arrest sought to be expunged resulted in an order of
420	420	20 qualified probation, successfully completed by the
421	421	21 petitioner, such records shall not be eligible for
422	422	22 expungement until 5 years have passed following the
423	423	23 satisfactory termination of the probation.
424	424	24 (3) Those records maintained by the Illinois State
425	425	25 Police for persons arrested prior to their 17th birthday
426	426	26 shall be expunged as provided in Section 5-915 of the
427	427
428	428
429	429
430	430
431	431
432	432	HB1090 - 11 - LRB103 04858 RLC 49868 b
433	433
434	434
435	435	HB1090- 12 -LRB103 04858 RLC 49868 b HB1090 - 12 - LRB103 04858 RLC 49868 b
436	436	HB1090 - 12 - LRB103 04858 RLC 49868 b
437	437	1 Juvenile Court Act of 1987.
438	438	2 (4) Whenever a person has been arrested for or
439	439	3 convicted of any offense, in the name of a person whose
440	440	4 identity he or she has stolen or otherwise come into
441	441	5 possession of, the aggrieved person from whom the identity
442	442	6 was stolen or otherwise obtained without authorization,
443	443	7 upon learning of the person having been arrested using his
444	444	8 or her identity, may, upon verified petition to the chief
445	445	9 judge of the circuit wherein the arrest was made, have a
446	446	10 court order entered nunc pro tunc by the Chief Judge to
447	447	11 correct the arrest record, conviction record, if any, and
448	448	12 all official records of the arresting authority, the
449	449	13 Illinois State Police, other criminal justice agencies,
450	450	14 the prosecutor, and the trial court concerning such
451	451	15 arrest, if any, by removing his or her name from all such
452	452	16 records in connection with the arrest and conviction, if
453	453	17 any, and by inserting in the records the name of the
454	454	18 offender, if known or ascertainable, in lieu of the
455	455	19 aggrieved's name. The records of the circuit court clerk
456	456	20 shall be sealed until further order of the court upon good
457	457	21 cause shown and the name of the aggrieved person
458	458	22 obliterated on the official index required to be kept by
459	459	23 the circuit court clerk under Section 16 of the Clerks of
460	460	24 Courts Act, but the order shall not affect any index
461	461	25 issued by the circuit court clerk before the entry of the
462	462	26 order. Nothing in this Section shall limit the Illinois
463	463
464	464
465	465
466	466
467	467
468	468	HB1090 - 12 - LRB103 04858 RLC 49868 b
469	469
470	470
471	471	HB1090- 13 -LRB103 04858 RLC 49868 b HB1090 - 13 - LRB103 04858 RLC 49868 b
472	472	HB1090 - 13 - LRB103 04858 RLC 49868 b
473	473	1 State Police or other criminal justice agencies or
474	474	2 prosecutors from listing under an offender's name the
475	475	3 false names he or she has used.
476	476	4 (5) Whenever a person has been convicted of criminal
477	477	5 sexual assault, aggravated criminal sexual assault,
478	478	6 predatory criminal sexual assault of a child, criminal
479	479	7 sexual abuse, or aggravated criminal sexual abuse, the
480	480	8 victim of that offense may request that the State's
481	481	9 Attorney of the county in which the conviction occurred
482	482	10 file a verified petition with the presiding trial judge at
483	483	11 the petitioner's trial to have a court order entered to
484	484	12 seal the records of the circuit court clerk in connection
485	485	13 with the proceedings of the trial court concerning that
486	486	14 offense. However, the records of the arresting authority
487	487	15 and the Illinois State Police concerning the offense shall
488	488	16 not be sealed. The court, upon good cause shown, shall
489	489	17 make the records of the circuit court clerk in connection
490	490	18 with the proceedings of the trial court concerning the
491	491	19 offense available for public inspection.
492	492	20 (6) If a conviction has been set aside on direct
493	493	21 review or on collateral attack and the court determines by
494	494	22 clear and convincing evidence that the petitioner was
495	495	23 factually innocent of the charge, the court that finds the
496	496	24 petitioner factually innocent of the charge shall enter an
497	497	25 expungement order for the conviction for which the
498	498	26 petitioner has been determined to be innocent as provided
499	499
500	500
501	501
502	502
503	503
504	504	HB1090 - 13 - LRB103 04858 RLC 49868 b
505	505
506	506
507	507	HB1090- 14 -LRB103 04858 RLC 49868 b HB1090 - 14 - LRB103 04858 RLC 49868 b
508	508	HB1090 - 14 - LRB103 04858 RLC 49868 b
509	509	1 in subsection (b) of Section 5-5-4 of the Unified Code of
510	510	2 Corrections.
511	511	3 (7) Nothing in this Section shall prevent the Illinois
512	512	4 State Police from maintaining all records of any person
513	513	5 who is admitted to probation upon terms and conditions and
514	514	6 who fulfills those terms and conditions pursuant to
515	515	7 Section 10 of the Cannabis Control Act, Section 410 of the
516	516	8 Illinois Controlled Substances Act, Section 70 of the
517	517	9 Methamphetamine Control and Community Protection Act,
518	518	10 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
519	519	11 Corrections, Section 12-4.3 or subdivision (b)(1) of
520	520	12 Section 12-3.05 of the Criminal Code of 1961 or the
521	521	13 Criminal Code of 2012, Section 10-102 of the Illinois
522	522	14 Alcoholism and Other Drug Dependency Act, Section 40-10 of
523	523	15 the Substance Use Disorder Act, or Section 10 of the
524	524	16 Steroid Control Act.
525	525	17 (8) If the petitioner has been granted a certificate
526	526	18 of innocence under Section 2-702 of the Code of Civil
527	527	19 Procedure, the court that grants the certificate of
528	528	20 innocence shall also enter an order expunging the
529	529	21 conviction for which the petitioner has been determined to
530	530	22 be innocent as provided in subsection (h) of Section 2-702
531	531	23 of the Code of Civil Procedure.
532	532	24 (c) Sealing.
533	533	25 (1) Applicability. Notwithstanding any other provision
534	534	26 of this Act to the contrary, and cumulative with any
535	535
536	536
537	537
538	538
539	539
540	540	HB1090 - 14 - LRB103 04858 RLC 49868 b
541	541
542	542
543	543	HB1090- 15 -LRB103 04858 RLC 49868 b HB1090 - 15 - LRB103 04858 RLC 49868 b
544	544	HB1090 - 15 - LRB103 04858 RLC 49868 b
545	545	1 rights to expungement of criminal records, this subsection
546	546	2 authorizes the sealing of criminal records of adults and
547	547	3 of minors prosecuted as adults. Subsection (g) of this
548	548	4 Section provides for immediate sealing of certain records.
549	549	5 (2) Eligible Records. The following records may be
550	550	6 sealed:
551	551	7 (A) All arrests resulting in release without
552	552	8 charging;
553	553	9 (B) Arrests or charges not initiated by arrest
554	554	10 resulting in acquittal, dismissal, or conviction when
555	555	11 the conviction was reversed or vacated, except as
556	556	12 excluded by subsection (a)(3)(B);
557	557	13 (C) Arrests or charges not initiated by arrest
558	558	14 resulting in orders of supervision, including orders
559	559	15 of supervision for municipal ordinance violations,
560	560	16 successfully completed by the petitioner, unless
561	561	17 excluded by subsection (a)(3);
562	562	18 (D) Arrests or charges not initiated by arrest
563	563	19 resulting in convictions, including convictions on
564	564	20 municipal ordinance violations, unless excluded by
565	565	21 subsection (a)(3);
566	566	22 (E) Arrests or charges not initiated by arrest
567	567	23 resulting in orders of first offender probation under
568	568	24 Section 10 of the Cannabis Control Act, Section 410 of
569	569	25 the Illinois Controlled Substances Act, Section 70 of
570	570	26 the Methamphetamine Control and Community Protection
571	571
572	572
573	573
574	574
575	575
576	576	HB1090 - 15 - LRB103 04858 RLC 49868 b
577	577
578	578
579	579	HB1090- 16 -LRB103 04858 RLC 49868 b HB1090 - 16 - LRB103 04858 RLC 49868 b
580	580	HB1090 - 16 - LRB103 04858 RLC 49868 b
581	581	1 Act, or Section 5-6-3.3 of the Unified Code of
582	582	2 Corrections; and
583	583	3 (F) Arrests or charges not initiated by arrest
584	584	4 resulting in felony convictions unless otherwise
585	585	5 excluded by subsection (a) paragraph (3) of this
586	586	6 Section.
587	587	7 (3) When Records Are Eligible to Be Sealed. Records
588	588	8 identified as eligible under subsection (c)(2) may be
589	589	9 sealed as follows:
590	590	10 (A) Records identified as eligible under
591	591	11 subsections subsection (c)(2)(A) and (c)(2)(B) may be
592	592	12 sealed at any time.
593	593	13 (B) Except as otherwise provided in subparagraph
594	594	14 (E) of this paragraph (3), records identified as
595	595	15 eligible under subsection (c)(2)(C) may be sealed 2
596	596	16 years after the termination of petitioner's last
597	597	17 sentence (as defined in subsection (a)(1)(F)).
598	598	18 (C) Except as otherwise provided in subparagraph
599	599	19 (E) of this paragraph (3), records identified as
600	600	20 eligible under subsections (c)(2)(D), (c)(2)(E), and
601	601	21 (c)(2)(F) may be sealed 3 years after the termination
602	602	22 of the petitioner's last sentence (as defined in
603	603	23 subsection (a)(1)(F)). Convictions requiring public
604	604	24 registration under the Arsonist Registration Act, the
605	605	25 Sex Offender Registration Act, or the Murderer and
606	606	26 Violent Offender Against Youth Registration Act may
607	607
608	608
609	609
610	610
611	611
612	612	HB1090 - 16 - LRB103 04858 RLC 49868 b
613	613
614	614
615	615	HB1090- 17 -LRB103 04858 RLC 49868 b HB1090 - 17 - LRB103 04858 RLC 49868 b
616	616	HB1090 - 17 - LRB103 04858 RLC 49868 b
617	617	1 not be sealed until the petitioner is no longer
618	618	2 required to register under that relevant Act.
619	619	3 (D) Records identified in subsection
620	620	4 (a)(3)(A)(iii) may be sealed after the petitioner has
621	621	5 reached the age of 25 years.
622	622	6 (E) Records identified as eligible under
623	623	7 subsection subsections (c)(2)(C), (c)(2)(D),
624	624	8 (c)(2)(E), or (c)(2)(F) may be sealed upon termination
625	625	9 of the petitioner's last sentence if the petitioner
626	626	10 earned a high school diploma, associate's degree,
627	627	11 career certificate, vocational technical
628	628	12 certification, or bachelor's degree, or passed the
629	629	13 high school level Test of General Educational
630	630	14 Development, during the period of his or her sentence
631	631	15 or mandatory supervised release. This subparagraph
632	632	16 shall apply only to a petitioner who has not completed
633	633	17 the same educational goal prior to the period of his or
634	634	18 her sentence or mandatory supervised release. If a
635	635	19 petition for sealing eligible records filed under this
636	636	20 subparagraph is denied by the court, the time periods
637	637	21 under subparagraph (B) or (C) shall apply to any
638	638	22 subsequent petition for sealing filed by the
639	639	23 petitioner.
640	640	24 (4) Subsequent felony convictions. A person may not
641	641	25 have subsequent felony conviction records sealed as
642	642	26 provided in this subsection (c) if he or she is convicted
643	643
644	644
645	645
646	646
647	647
648	648	HB1090 - 17 - LRB103 04858 RLC 49868 b
649	649
650	650
651	651	HB1090- 18 -LRB103 04858 RLC 49868 b HB1090 - 18 - LRB103 04858 RLC 49868 b
652	652	HB1090 - 18 - LRB103 04858 RLC 49868 b
653	653	1 of any felony offense after the date of the sealing of
654	654	2 prior felony convictions as provided in this subsection
655	655	3 (c). The court may, upon conviction for a subsequent
656	656	4 felony offense, order the unsealing of prior felony
657	657	5 conviction records previously ordered sealed by the court.
658	658	6 (5) Notice of eligibility for sealing. Upon entry of a
659	659	7 disposition for an eligible record under this subsection
660	660	8 (c), the petitioner shall be informed by the court of the
661	661	9 right to have the records sealed and the procedures for
662	662	10 the sealing of the records.
663	663	11 (d) Procedure. The following procedures apply to
664	664	12 expungement under subsections (b), (e), and (e-6) and sealing
665	665	13 under subsections (c) and (e-5):
666	666	14 (1) Filing the petition. Upon becoming eligible to
667	667	15 petition for the expungement or sealing of records under
668	668	16 this Section, the petitioner shall file a petition
669	669	17 requesting the expungement or sealing of records with the
670	670	18 clerk of the court where the arrests occurred or the
671	671	19 charges were brought, or both. If arrests occurred or
672	672	20 charges were brought in multiple jurisdictions, a petition
673	673	21 must be filed in each such jurisdiction. The petitioner
674	674	22 shall pay the applicable fee, except no fee shall be
675	675	23 required if the petitioner has obtained a court order
676	676	24 waiving fees under Supreme Court Rule 298 or it is
677	677	25 otherwise waived.
678	678	26 (1.5) County fee waiver pilot program. From August 9,
679	679
680	680
681	681
682	682
683	683
684	684	HB1090 - 18 - LRB103 04858 RLC 49868 b
685	685
686	686
687	687	HB1090- 19 -LRB103 04858 RLC 49868 b HB1090 - 19 - LRB103 04858 RLC 49868 b
688	688	HB1090 - 19 - LRB103 04858 RLC 49868 b
689	689	1 2019 (the effective date of Public Act 101-306) through
690	690	2 December 31, 2020, in a county of 3,000,000 or more
691	691	3 inhabitants, no fee shall be required to be paid by a
692	692	4 petitioner if the records sought to be expunged or sealed
693	693	5 were arrests resulting in release without charging or
694	694	6 arrests or charges not initiated by arrest resulting in
695	695	7 acquittal, dismissal, or conviction when the conviction
696	696	8 was reversed or vacated, unless excluded by subsection
697	697	9 (a)(3)(B). The provisions of this paragraph (1.5), other
698	698	10 than this sentence, are inoperative on and after January
699	699	11 1, 2022.
700	700	12 (2) Contents of petition. The petition shall be
701	701	13 verified and shall contain the petitioner's name, date of
702	702	14 birth, current address and, for each arrest or charge not
703	703	15 initiated by arrest sought to be sealed or expunged, the
704	704	16 case number, the date of arrest (if any), the identity of
705	705	17 the arresting authority, and such other information as the
706	706	18 court may require. During the pendency of the proceeding,
707	707	19 the petitioner shall promptly notify the circuit court
708	708	20 clerk of any change of his or her address. If the
709	709	21 petitioner has received a certificate of eligibility for
710	710	22 sealing from the Prisoner Review Board under paragraph
711	711	23 (10) of subsection (a) of Section 3-3-2 of the Unified
712	712	24 Code of Corrections, the certificate shall be attached to
713	713	25 the petition.
714	714	26 (3) Drug test. The petitioner must attach to the
715	715
716	716
717	717
718	718
719	719
720	720	HB1090 - 19 - LRB103 04858 RLC 49868 b
721	721
722	722
723	723	HB1090- 20 -LRB103 04858 RLC 49868 b HB1090 - 20 - LRB103 04858 RLC 49868 b
724	724	HB1090 - 20 - LRB103 04858 RLC 49868 b
725	725	1 petition proof that the petitioner has taken within 30
726	726	2 days before the filing of the petition a test showing the
727	727	3 absence within his or her body of all illegal substances
728	728	4 as defined by the Illinois Controlled Substances Act and
729	729	5 the Methamphetamine Control and Community Protection Act
730	730	6 if he or she is petitioning to:
731	731	7 (A) seal felony records under clause (c)(2)(E);
732	732	8 (B) seal felony records for a violation of the
733	733	9 Illinois Controlled Substances Act, the
734	734	10 Methamphetamine Control and Community Protection Act,
735	735	11 or the Cannabis Control Act under clause (c)(2)(F);
736	736	12 (C) seal felony records under subsection (e-5); or
737	737	13 (D) expunge felony records of a qualified
738	738	14 probation under clause (b)(1)(iv).
739	739	15 (4) Service of petition. The circuit court clerk shall
740	740	16 promptly serve a copy of the petition and documentation to
741	741	17 support the petition under subsection (e-5) or (e-6) on
742	742	18 the State's Attorney or prosecutor charged with the duty
743	743	19 of prosecuting the offense, the Illinois State Police, the
744	744	20 arresting agency and the chief legal officer of the unit
745	745	21 of local government effecting the arrest.
746	746	22 (5) Objections.
747	747	23 (A) Any party entitled to notice of the petition
748	748	24 may file an objection to the petition. All objections
749	749	25 shall be in writing, shall be filed with the circuit
750	750	26 court clerk, and shall state with specificity the
751	751
752	752
753	753
754	754
755	755
756	756	HB1090 - 20 - LRB103 04858 RLC 49868 b
757	757
758	758
759	759	HB1090- 21 -LRB103 04858 RLC 49868 b HB1090 - 21 - LRB103 04858 RLC 49868 b
760	760	HB1090 - 21 - LRB103 04858 RLC 49868 b
761	761	1 basis of the objection. Whenever a person who has been
762	762	2 convicted of an offense is granted a pardon by the
763	763	3 Governor which specifically authorizes expungement, an
764	764	4 objection to the petition may not be filed.
765	765	5 (B) Objections to a petition to expunge or seal
766	766	6 must be filed within 60 days of the date of service of
767	767	7 the petition.
768	768	8 (6) Entry of order.
769	769	9 (A) The Chief Judge of the circuit wherein the
770	770	10 charge was brought, any judge of that circuit
771	771	11 designated by the Chief Judge, or in counties of less
772	772	12 than 3,000,000 inhabitants, the presiding trial judge
773	773	13 at the petitioner's trial, if any, shall rule on the
774	774	14 petition to expunge or seal as set forth in this
775	775	15 subsection (d)(6).
776	776	16 (B) Unless the State's Attorney or prosecutor, the
777	777	17 Illinois State Police, the arresting agency, or the
778	778	18 chief legal officer files an objection to the petition
779	779	19 to expunge or seal within 60 days from the date of
780	780	20 service of the petition, the court shall enter an
781	781	21 order granting or denying the petition.
782	782	22 (C) Notwithstanding any other provision of law,
783	783	23 the court shall not deny a petition for sealing under
784	784	24 this Section because the petitioner has not satisfied
785	785	25 an outstanding legal financial obligation established,
786	786	26 imposed, or originated by a court, law enforcement
787	787
788	788
789	789
790	790
791	791
792	792	HB1090 - 21 - LRB103 04858 RLC 49868 b
793	793
794	794
795	795	HB1090- 22 -LRB103 04858 RLC 49868 b HB1090 - 22 - LRB103 04858 RLC 49868 b
796	796	HB1090 - 22 - LRB103 04858 RLC 49868 b
797	797	1 agency, or a municipal, State, county, or other unit
798	798	2 of local government, including, but not limited to,
799	799	3 any cost, assessment, fine, or fee. An outstanding
800	800	4 legal financial obligation does not include any court
801	801	5 ordered restitution to a victim under Section 5-5-6 of
802	802	6 the Unified Code of Corrections, unless the
803	803	7 restitution has been converted to a civil judgment.
804	804	8 Nothing in this subparagraph (C) waives, rescinds, or
805	805	9 abrogates a legal financial obligation or otherwise
806	806	10 eliminates or affects the right of the holder of any
807	807	11 financial obligation to pursue collection under
808	808	12 applicable federal, State, or local law.
809	809	13 (D) Notwithstanding any other provision of law,
810	810	14 the court shall not deny a petition to expunge or seal
811	811	15 under this Section because the petitioner has
812	812	16 submitted a drug test taken within 30 days before the
813	813	17 filing of the petition to expunge or seal that
814	814	18 indicates a positive test for the presence of cannabis
815	815	19 within the petitioner's body. In this subparagraph
816	816	20 (D), "cannabis" has the meaning ascribed to it in
817	817	21 Section 3 of the Cannabis Control Act.
818	818	22 (7) Hearings. If an objection is filed, the court
819	819	23 shall set a date for a hearing and notify the petitioner
820	820	24 and all parties entitled to notice of the petition of the
821	821	25 hearing date at least 30 days prior to the hearing. Prior
822	822	26 to the hearing, the State's Attorney shall consult with
823	823
824	824
825	825
826	826
827	827
828	828	HB1090 - 22 - LRB103 04858 RLC 49868 b
829	829
830	830
831	831	HB1090- 23 -LRB103 04858 RLC 49868 b HB1090 - 23 - LRB103 04858 RLC 49868 b
832	832	HB1090 - 23 - LRB103 04858 RLC 49868 b
833	833	1 the Illinois State Police as to the appropriateness of the
834	834	2 relief sought in the petition to expunge or seal. At the
835	835	3 hearing, the court shall hear evidence on whether the
836	836	4 petition should or should not be granted, and shall grant
837	837	5 or deny the petition to expunge or seal the records based
838	838	6 on the evidence presented at the hearing. The court may
839	839	7 consider the following:
840	840	8 (A) the strength of the evidence supporting the
841	841	9 defendant's conviction;
842	842	10 (B) the reasons for retention of the conviction
843	843	11 records by the State;
844	844	12 (C) the petitioner's age, criminal record history,
845	845	13 and employment history;
846	846	14 (D) the period of time between the petitioner's
847	847	15 arrest on the charge resulting in the conviction and
848	848	16 the filing of the petition under this Section; and
849	849	17 (E) the specific adverse consequences the
850	850	18 petitioner may be subject to if the petition is
851	851	19 denied.
852	852	20 (8) Service of order. After entering an order to
853	853	21 expunge or seal records, the court must provide copies of
854	854	22 the order to the Illinois State Police, in a form and
855	855	23 manner prescribed by the Illinois State Police, to the
856	856	24 petitioner, to the State's Attorney or prosecutor charged
857	857	25 with the duty of prosecuting the offense, to the arresting
858	858	26 agency, to the chief legal officer of the unit of local
859	859
860	860
861	861
862	862
863	863
864	864	HB1090 - 23 - LRB103 04858 RLC 49868 b
865	865
866	866
867	867	HB1090- 24 -LRB103 04858 RLC 49868 b HB1090 - 24 - LRB103 04858 RLC 49868 b
868	868	HB1090 - 24 - LRB103 04858 RLC 49868 b
869	869	1 government effecting the arrest, and to such other
870	870	2 criminal justice agencies as may be ordered by the court.
871	871	3 (9) Implementation of order.
872	872	4 (A) Upon entry of an order to expunge records
873	873	5 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
874	874	6 both:
875	875	7 (i) the records shall be expunged (as defined
876	876	8 in subsection (a)(1)(E)) by the arresting agency,
877	877	9 the Illinois State Police, and any other agency as
878	878	10 ordered by the court, within 60 days of the date of
879	879	11 service of the order, unless a motion to vacate,
880	880	12 modify, or reconsider the order is filed pursuant
881	881	13 to paragraph (12) of subsection (d) of this
882	882	14 Section;
883	883	15 (ii) the records of the circuit court clerk
884	884	16 shall be impounded until further order of the
885	885	17 court upon good cause shown and the name of the
886	886	18 petitioner obliterated on the official index
887	887	19 required to be kept by the circuit court clerk
888	888	20 under Section 16 of the Clerks of Courts Act, but
889	889	21 the order shall not affect any index issued by the
890	890	22 circuit court clerk before the entry of the order;
891	891	23 and
892	892	24 (iii) in response to an inquiry for expunged
893	893	25 records, the court, the Illinois State Police, or
894	894	26 the agency receiving such inquiry, shall reply as
895	895
896	896
897	897
898	898
899	899
900	900	HB1090 - 24 - LRB103 04858 RLC 49868 b
901	901
902	902
903	903	HB1090- 25 -LRB103 04858 RLC 49868 b HB1090 - 25 - LRB103 04858 RLC 49868 b
904	904	HB1090 - 25 - LRB103 04858 RLC 49868 b
905	905	1 it does in response to inquiries when no records
906	906	2 ever existed.
907	907	3 (B) Upon entry of an order to expunge records
908	908	4 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
909	909	5 both:
910	910	6 (i) the records shall be expunged (as defined
911	911	7 in subsection (a)(1)(E)) by the arresting agency
912	912	8 and any other agency as ordered by the court,
913	913	9 within 60 days of the date of service of the order,
914	914	10 unless a motion to vacate, modify, or reconsider
915	915	11 the order is filed pursuant to paragraph (12) of
916	916	12 subsection (d) of this Section;
917	917	13 (ii) the records of the circuit court clerk
918	918	14 shall be impounded until further order of the
919	919	15 court upon good cause shown and the name of the
920	920	16 petitioner obliterated on the official index
921	921	17 required to be kept by the circuit court clerk
922	922	18 under Section 16 of the Clerks of Courts Act, but
923	923	19 the order shall not affect any index issued by the
924	924	20 circuit court clerk before the entry of the order;
925	925	21 (iii) the records shall be impounded by the
926	926	22 Illinois State Police within 60 days of the date
927	927	23 of service of the order as ordered by the court,
928	928	24 unless a motion to vacate, modify, or reconsider
929	929	25 the order is filed pursuant to paragraph (12) of
930	930	26 subsection (d) of this Section;
931	931
932	932
933	933
934	934
935	935
936	936	HB1090 - 25 - LRB103 04858 RLC 49868 b
937	937
938	938
939	939	HB1090- 26 -LRB103 04858 RLC 49868 b HB1090 - 26 - LRB103 04858 RLC 49868 b
940	940	HB1090 - 26 - LRB103 04858 RLC 49868 b
941	941	1 (iv) records impounded by the Illinois State
942	942	2 Police may be disseminated by the Illinois State
943	943	3 Police only as required by law or to the arresting
944	944	4 authority, the State's Attorney, and the court
945	945	5 upon a later arrest for the same or a similar
946	946	6 offense or for the purpose of sentencing for any
947	947	7 subsequent felony, and to the Department of
948	948	8 Corrections upon conviction for any offense; and
949	949	9 (v) in response to an inquiry for such records
950	950	10 from anyone not authorized by law to access such
951	951	11 records, the court, the Illinois State Police, or
952	952	12 the agency receiving such inquiry shall reply as
953	953	13 it does in response to inquiries when no records
954	954	14 ever existed.
955	955	15 (B-5) Upon entry of an order to expunge records
956	956	16 under subsection (e-6):
957	957	17 (i) the records shall be expunged (as defined
958	958	18 in subsection (a)(1)(E)) by the arresting agency
959	959	19 and any other agency as ordered by the court,
960	960	20 within 60 days of the date of service of the order,
961	961	21 unless a motion to vacate, modify, or reconsider
962	962	22 the order is filed under paragraph (12) of
963	963	23 subsection (d) of this Section;
964	964	24 (ii) the records of the circuit court clerk
965	965	25 shall be impounded until further order of the
966	966	26 court upon good cause shown and the name of the
967	967
968	968
969	969
970	970
971	971
972	972	HB1090 - 26 - LRB103 04858 RLC 49868 b
973	973
974	974
975	975	HB1090- 27 -LRB103 04858 RLC 49868 b HB1090 - 27 - LRB103 04858 RLC 49868 b
976	976	HB1090 - 27 - LRB103 04858 RLC 49868 b
977	977	1 petitioner obliterated on the official index
978	978	2 required to be kept by the circuit court clerk
979	979	3 under Section 16 of the Clerks of Courts Act, but
980	980	4 the order shall not affect any index issued by the
981	981	5 circuit court clerk before the entry of the order;
982	982	6 (iii) the records shall be impounded by the
983	983	7 Illinois State Police within 60 days of the date
984	984	8 of service of the order as ordered by the court,
985	985	9 unless a motion to vacate, modify, or reconsider
986	986	10 the order is filed under paragraph (12) of
987	987	11 subsection (d) of this Section;
988	988	12 (iv) records impounded by the Illinois State
989	989	13 Police may be disseminated by the Illinois State
990	990	14 Police only as required by law or to the arresting
991	991	15 authority, the State's Attorney, and the court
992	992	16 upon a later arrest for the same or a similar
993	993	17 offense or for the purpose of sentencing for any
994	994	18 subsequent felony, and to the Department of
995	995	19 Corrections upon conviction for any offense; and
996	996	20 (v) in response to an inquiry for these
997	997	21 records from anyone not authorized by law to
998	998	22 access the records, the court, the Illinois State
999	999	23 Police, or the agency receiving the inquiry shall
1000	1000	24 reply as it does in response to inquiries when no
1001	1001	25 records ever existed.
1002	1002	26 (C) Upon entry of an order to seal records under
1003	1003
1004	1004
1005	1005
1006	1006
1007	1007
1008	1008	HB1090 - 27 - LRB103 04858 RLC 49868 b
1009	1009
1010	1010
1011	1011	HB1090- 28 -LRB103 04858 RLC 49868 b HB1090 - 28 - LRB103 04858 RLC 49868 b
1012	1012	HB1090 - 28 - LRB103 04858 RLC 49868 b
1013	1013	1 subsection (c), the arresting agency, any other agency
1014	1014	2 as ordered by the court, the Illinois State Police,
1015	1015	3 and the court shall seal the records (as defined in
1016	1016	4 subsection (a)(1)(K)). In response to an inquiry for
1017	1017	5 such records, from anyone not authorized by law to
1018	1018	6 access such records, the court, the Illinois State
1019	1019	7 Police, or the agency receiving such inquiry shall
1020	1020	8 reply as it does in response to inquiries when no
1021	1021	9 records ever existed.
1022	1022	10 (D) The Illinois State Police shall send written
1023	1023	11 notice to the petitioner of its compliance with each
1024	1024	12 order to expunge or seal records within 60 days of the
1025	1025	13 date of service of that order or, if a motion to
1026	1026	14 vacate, modify, or reconsider is filed, within 60 days
1027	1027	15 of service of the order resolving the motion, if that
1028	1028	16 order requires the Illinois State Police to expunge or
1029	1029	17 seal records. In the event of an appeal from the
1030	1030	18 circuit court order, the Illinois State Police shall
1031	1031	19 send written notice to the petitioner of its
1032	1032	20 compliance with an Appellate Court or Supreme Court
1033	1033	21 judgment to expunge or seal records within 60 days of
1034	1034	22 the issuance of the court's mandate. The notice is not
1035	1035	23 required while any motion to vacate, modify, or
1036	1036	24 reconsider, or any appeal or petition for
1037	1037	25 discretionary appellate review, is pending.
1038	1038	26 (E) Upon motion, the court may order that a sealed
1039	1039
1040	1040
1041	1041
1042	1042
1043	1043
1044	1044	HB1090 - 28 - LRB103 04858 RLC 49868 b
1045	1045
1046	1046
1047	1047	HB1090- 29 -LRB103 04858 RLC 49868 b HB1090 - 29 - LRB103 04858 RLC 49868 b
1048	1048	HB1090 - 29 - LRB103 04858 RLC 49868 b
1049	1049	1 judgment or other court record necessary to
1050	1050	2 demonstrate the amount of any legal financial
1051	1051	3 obligation due and owing be made available for the
1052	1052	4 limited purpose of collecting any legal financial
1053	1053	5 obligations owed by the petitioner that were
1054	1054	6 established, imposed, or originated in the criminal
1055	1055	7 proceeding for which those records have been sealed.
1056	1056	8 The records made available under this subparagraph (E)
1057	1057	9 shall not be entered into the official index required
1058	1058	10 to be kept by the circuit court clerk under Section 16
1059	1059	11 of the Clerks of Courts Act and shall be immediately
1060	1060	12 re-impounded upon the collection of the outstanding
1061	1061	13 financial obligations.
1062	1062	14 (F) Notwithstanding any other provision of this
1063	1063	15 Section, a circuit court clerk may access a sealed
1064	1064	16 record for the limited purpose of collecting payment
1065	1065	17 for any legal financial obligations that were
1066	1066	18 established, imposed, or originated in the criminal
1067	1067	19 proceedings for which those records have been sealed.
1068	1068	20 (10) Fees. The Illinois State Police may charge the
1069	1069	21 petitioner a fee equivalent to the cost of processing any
1070	1070	22 order to expunge or seal records. Notwithstanding any
1071	1071	23 provision of the Clerks of Courts Act to the contrary, the
1072	1072	24 circuit court clerk may charge a fee equivalent to the
1073	1073	25 cost associated with the sealing or expungement of records
1074	1074	26 by the circuit court clerk. From the total filing fee
1075	1075
1076	1076
1077	1077
1078	1078
1079	1079
1080	1080	HB1090 - 29 - LRB103 04858 RLC 49868 b
1081	1081
1082	1082
1083	1083	HB1090- 30 -LRB103 04858 RLC 49868 b HB1090 - 30 - LRB103 04858 RLC 49868 b
1084	1084	HB1090 - 30 - LRB103 04858 RLC 49868 b
1085	1085	1 collected for the petition to seal or expunge, the circuit
1086	1086	2 court clerk shall deposit $10 into the Circuit Court Clerk
1087	1087	3 Operation and Administrative Fund, to be used to offset
1088	1088	4 the costs incurred by the circuit court clerk in
1089	1089	5 performing the additional duties required to serve the
1090	1090	6 petition to seal or expunge on all parties. The circuit
1091	1091	7 court clerk shall collect and remit the Illinois State
1092	1092	8 Police portion of the fee to the State Treasurer and it
1093	1093	9 shall be deposited in the State Police Services Fund. If
1094	1094	10 the record brought under an expungement petition was
1095	1095	11 previously sealed under this Section, the fee for the
1096	1096	12 expungement petition for that same record shall be waived.
1097	1097	13 (11) Final Order. No court order issued under the
1098	1098	14 expungement or sealing provisions of this Section shall
1099	1099	15 become final for purposes of appeal until 30 days after
1100	1100	16 service of the order on the petitioner and all parties
1101	1101	17 entitled to notice of the petition.
1102	1102	18 (12) Motion to Vacate, Modify, or Reconsider. Under
1103	1103	19 Section 2-1203 of the Code of Civil Procedure, the
1104	1104	20 petitioner or any party entitled to notice may file a
1105	1105	21 motion to vacate, modify, or reconsider the order granting
1106	1106	22 or denying the petition to expunge or seal within 60 days
1107	1107	23 of service of the order. If filed more than 60 days after
1108	1108	24 service of the order, a petition to vacate, modify, or
1109	1109	25 reconsider shall comply with subsection (c) of Section
1110	1110	26 2-1401 of the Code of Civil Procedure. Upon filing of a
1111	1111
1112	1112
1113	1113
1114	1114
1115	1115
1116	1116	HB1090 - 30 - LRB103 04858 RLC 49868 b
1117	1117
1118	1118
1119	1119	HB1090- 31 -LRB103 04858 RLC 49868 b HB1090 - 31 - LRB103 04858 RLC 49868 b
1120	1120	HB1090 - 31 - LRB103 04858 RLC 49868 b
1121	1121	1 motion to vacate, modify, or reconsider, notice of the
1122	1122	2 motion shall be served upon the petitioner and all parties
1123	1123	3 entitled to notice of the petition.
1124	1124	4 (13) Effect of Order. An order granting a petition
1125	1125	5 under the expungement or sealing provisions of this
1126	1126	6 Section shall not be considered void because it fails to
1127	1127	7 comply with the provisions of this Section or because of
1128	1128	8 any error asserted in a motion to vacate, modify, or
1129	1129	9 reconsider. The circuit court retains jurisdiction to
1130	1130	10 determine whether the order is voidable and to vacate,
1131	1131	11 modify, or reconsider its terms based on a motion filed
1132	1132	12 under paragraph (12) of this subsection (d).
1133	1133	13 (14) Compliance with Order Granting Petition to Seal
1134	1134	14 Records. Unless a court has entered a stay of an order
1135	1135	15 granting a petition to seal, all parties entitled to
1136	1136	16 notice of the petition must fully comply with the terms of
1137	1137	17 the order within 60 days of service of the order even if a
1138	1138	18 party is seeking relief from the order through a motion
1139	1139	19 filed under paragraph (12) of this subsection (d) or is
1140	1140	20 appealing the order.
1141	1141	21 (15) Compliance with Order Granting Petition to
1142	1142	22 Expunge Records. While a party is seeking relief from the
1143	1143	23 order granting the petition to expunge through a motion
1144	1144	24 filed under paragraph (12) of this subsection (d) or is
1145	1145	25 appealing the order, and unless a court has entered a stay
1146	1146	26 of that order, the parties entitled to notice of the
1147	1147
1148	1148
1149	1149
1150	1150
1151	1151
1152	1152	HB1090 - 31 - LRB103 04858 RLC 49868 b
1153	1153
1154	1154
1155	1155	HB1090- 32 -LRB103 04858 RLC 49868 b HB1090 - 32 - LRB103 04858 RLC 49868 b
1156	1156	HB1090 - 32 - LRB103 04858 RLC 49868 b
1157	1157	1 petition must seal, but need not expunge, the records
1158	1158	2 until there is a final order on the motion for relief or,
1159	1159	3 in the case of an appeal, the issuance of that court's
1160	1160	4 mandate.
1161	1161	5 (16) The changes to this subsection (d) made by Public
1162	1162	6 Act 98-163 apply to all petitions pending on August 5,
1163	1163	7 2013 (the effective date of Public Act 98-163) and to all
1164	1164	8 orders ruling on a petition to expunge or seal on or after
1165	1165	9 August 5, 2013 (the effective date of Public Act 98-163).
1166	1166	10 (e) Whenever a person who has been convicted of an offense
1167	1167	11 is granted a pardon by the Governor which specifically
1168	1168	12 authorizes expungement, he or she may, upon verified petition
1169	1169	13 to the Chief Judge of the circuit where the person had been
1170	1170	14 convicted, any judge of the circuit designated by the Chief
1171	1171	15 Judge, or in counties of less than 3,000,000 inhabitants, the
1172	1172	16 presiding trial judge at the defendant's trial, have a court
1173	1173	17 order entered expunging the record of arrest from the official
1174	1174	18 records of the arresting authority and order that the records
1175	1175	19 of the circuit court clerk and the Illinois State Police be
1176	1176	20 sealed until further order of the court upon good cause shown
1177	1177	21 or as otherwise provided herein, and the name of the defendant
1178	1178	22 obliterated from the official index requested to be kept by
1179	1179	23 the circuit court clerk under Section 16 of the Clerks of
1180	1180	24 Courts Act in connection with the arrest and conviction for
1181	1181	25 the offense for which he or she had been pardoned but the order
1182	1182	26 shall not affect any index issued by the circuit court clerk
1183	1183
1184	1184
1185	1185
1186	1186
1187	1187
1188	1188	HB1090 - 32 - LRB103 04858 RLC 49868 b
1189	1189
1190	1190
1191	1191	HB1090- 33 -LRB103 04858 RLC 49868 b HB1090 - 33 - LRB103 04858 RLC 49868 b
1192	1192	HB1090 - 33 - LRB103 04858 RLC 49868 b
1193	1193	1 before the entry of the order. All records sealed by the
1194	1194	2 Illinois State Police may be disseminated by the Illinois
1195	1195	3 State Police only to the arresting authority, the State's
1196	1196	4 Attorney, and the court upon a later arrest for the same or
1197	1197	5 similar offense or for the purpose of sentencing for any
1198	1198	6 subsequent felony. Upon conviction for any subsequent offense,
1199	1199	7 the Department of Corrections shall have access to all sealed
1200	1200	8 records of the Illinois State Police pertaining to that
1201	1201	9 individual. Upon entry of the order of expungement, the
1202	1202	10 circuit court clerk shall promptly mail a copy of the order to
1203	1203	11 the person who was pardoned.
1204	1204	12 (e-5) Whenever a person who has been convicted of an
1205	1205	13 offense is granted a certificate of eligibility for sealing by
1206	1206	14 the Prisoner Review Board which specifically authorizes
1207	1207	15 sealing, he or she may, upon verified petition to the Chief
1208	1208	16 Judge of the circuit where the person had been convicted, any
1209	1209	17 judge of the circuit designated by the Chief Judge, or in
1210	1210	18 counties of less than 3,000,000 inhabitants, the presiding
1211	1211	19 trial judge at the petitioner's trial, have a court order
1212	1212	20 entered sealing the record of arrest from the official records
1213	1213	21 of the arresting authority and order that the records of the
1214	1214	22 circuit court clerk and the Illinois State Police be sealed
1215	1215	23 until further order of the court upon good cause shown or as
1216	1216	24 otherwise provided herein, and the name of the petitioner
1217	1217	25 obliterated from the official index requested to be kept by
1218	1218	26 the circuit court clerk under Section 16 of the Clerks of
1219	1219
1220	1220
1221	1221
1222	1222
1223	1223
1224	1224	HB1090 - 33 - LRB103 04858 RLC 49868 b
1225	1225
1226	1226
1227	1227	HB1090- 34 -LRB103 04858 RLC 49868 b HB1090 - 34 - LRB103 04858 RLC 49868 b
1228	1228	HB1090 - 34 - LRB103 04858 RLC 49868 b
1229	1229	1 Courts Act in connection with the arrest and conviction for
1230	1230	2 the offense for which he or she had been granted the
1231	1231	3 certificate but the order shall not affect any index issued by
1232	1232	4 the circuit court clerk before the entry of the order. All
1233	1233	5 records sealed by the Illinois State Police may be
1234	1234	6 disseminated by the Illinois State Police only as required by
1235	1235	7 this Act or to the arresting authority, a law enforcement
1236	1236	8 agency, the State's Attorney, and the court upon a later
1237	1237	9 arrest for the same or similar offense or for the purpose of
1238	1238	10 sentencing for any subsequent felony. Upon conviction for any
1239	1239	11 subsequent offense, the Department of Corrections shall have
1240	1240	12 access to all sealed records of the Illinois State Police
1241	1241	13 pertaining to that individual. Upon entry of the order of
1242	1242	14 sealing, the circuit court clerk shall promptly mail a copy of
1243	1243	15 the order to the person who was granted the certificate of
1244	1244	16 eligibility for sealing.
1245	1245	17 (e-6) Whenever a person who has been convicted of an
1246	1246	18 offense is granted a certificate of eligibility for
1247	1247	19 expungement by the Prisoner Review Board which specifically
1248	1248	20 authorizes expungement, he or she may, upon verified petition
1249	1249	21 to the Chief Judge of the circuit where the person had been
1250	1250	22 convicted, any judge of the circuit designated by the Chief
1251	1251	23 Judge, or in counties of less than 3,000,000 inhabitants, the
1252	1252	24 presiding trial judge at the petitioner's trial, have a court
1253	1253	25 order entered expunging the record of arrest from the official
1254	1254	26 records of the arresting authority and order that the records
1255	1255
1256	1256
1257	1257
1258	1258
1259	1259
1260	1260	HB1090 - 34 - LRB103 04858 RLC 49868 b
1261	1261
1262	1262
1263	1263	HB1090- 35 -LRB103 04858 RLC 49868 b HB1090 - 35 - LRB103 04858 RLC 49868 b
1264	1264	HB1090 - 35 - LRB103 04858 RLC 49868 b
1265	1265	1 of the circuit court clerk and the Illinois State Police be
1266	1266	2 sealed until further order of the court upon good cause shown
1267	1267	3 or as otherwise provided herein, and the name of the
1268	1268	4 petitioner obliterated from the official index requested to be
1269	1269	5 kept by the circuit court clerk under Section 16 of the Clerks
1270	1270	6 of Courts Act in connection with the arrest and conviction for
1271	1271	7 the offense for which he or she had been granted the
1272	1272	8 certificate but the order shall not affect any index issued by
1273	1273	9 the circuit court clerk before the entry of the order. All
1274	1274	10 records sealed by the Illinois State Police may be
1275	1275	11 disseminated by the Illinois State Police only as required by
1276	1276	12 this Act or to the arresting authority, a law enforcement
1277	1277	13 agency, the State's Attorney, and the court upon a later
1278	1278	14 arrest for the same or similar offense or for the purpose of
1279	1279	15 sentencing for any subsequent felony. Upon conviction for any
1280	1280	16 subsequent offense, the Department of Corrections shall have
1281	1281	17 access to all expunged records of the Illinois State Police
1282	1282	18 pertaining to that individual. Upon entry of the order of
1283	1283	19 expungement, the circuit court clerk shall promptly mail a
1284	1284	20 copy of the order to the person who was granted the certificate
1285	1285	21 of eligibility for expungement.
1286	1286	22 (f) Subject to available funding, the Illinois Department
1287	1287	23 of Corrections shall conduct a study of the impact of sealing,
1288	1288	24 especially on employment and recidivism rates, utilizing a
1289	1289	25 random sample of those who apply for the sealing of their
1290	1290	26 criminal records under Public Act 93-211. At the request of
1291	1291
1292	1292
1293	1293
1294	1294
1295	1295
1296	1296	HB1090 - 35 - LRB103 04858 RLC 49868 b
1297	1297
1298	1298
1299	1299	HB1090- 36 -LRB103 04858 RLC 49868 b HB1090 - 36 - LRB103 04858 RLC 49868 b
1300	1300	HB1090 - 36 - LRB103 04858 RLC 49868 b
1301	1301	1 the Illinois Department of Corrections, records of the
1302	1302	2 Illinois Department of Employment Security shall be utilized
1303	1303	3 as appropriate to assist in the study. The study shall not
1304	1304	4 disclose any data in a manner that would allow the
1305	1305	5 identification of any particular individual or employing unit.
1306	1306	6 The study shall be made available to the General Assembly no
1307	1307	7 later than September 1, 2010.
1308	1308	8 (g) Immediate Sealing.
1309	1309	9 (1) Applicability. Notwithstanding any other provision
1310	1310	10 of this Act to the contrary, and cumulative with any
1311	1311	11 rights to expungement or sealing of criminal records, this
1312	1312	12 subsection authorizes the immediate sealing of criminal
1313	1313	13 records of adults and of minors prosecuted as adults.
1314	1314	14 (2) Eligible Records. Arrests or charges not initiated
1315	1315	15 by arrest resulting in acquittal or dismissal with
1316	1316	16 prejudice, except as excluded by subsection (a)(3)(B),
1317	1317	17 that occur on or after January 1, 2018 (the effective date
1318	1318	18 of Public Act 100-282), may be sealed immediately if the
1319	1319	19 petition is filed with the circuit court clerk on the same
1320	1320	20 day and during the same hearing in which the case is
1321	1321	21 disposed.
1322	1322	22 (3) When Records are Eligible to be Immediately
1323	1323	23 Sealed. Eligible records under paragraph (2) of this
1324	1324	24 subsection (g) may be sealed immediately after entry of
1325	1325	25 the final disposition of a case, notwithstanding the
1326	1326	26 disposition of other charges in the same case.
1327	1327
1328	1328
1329	1329
1330	1330
1331	1331
1332	1332	HB1090 - 36 - LRB103 04858 RLC 49868 b
1333	1333
1334	1334
1335	1335	HB1090- 37 -LRB103 04858 RLC 49868 b HB1090 - 37 - LRB103 04858 RLC 49868 b
1336	1336	HB1090 - 37 - LRB103 04858 RLC 49868 b
1337	1337	1 (4) Notice of Eligibility for Immediate Sealing. Upon
1338	1338	2 entry of a disposition for an eligible record under this
1339	1339	3 subsection (g), the defendant shall be informed by the
1340	1340	4 court of his or her right to have eligible records
1341	1341	5 immediately sealed and the procedure for the immediate
1342	1342	6 sealing of these records.
1343	1343	7 (5) Procedure. The following procedures apply to
1344	1344	8 immediate sealing under this subsection (g).
1345	1345	9 (A) Filing the Petition. Upon entry of the final
1346	1346	10 disposition of the case, the defendant's attorney may
1347	1347	11 immediately petition the court, on behalf of the
1348	1348	12 defendant, for immediate sealing of eligible records
1349	1349	13 under paragraph (2) of this subsection (g) that are
1350	1350	14 entered on or after January 1, 2018 (the effective
1351	1351	15 date of Public Act 100-282). The immediate sealing
1352	1352	16 petition may be filed with the circuit court clerk
1353	1353	17 during the hearing in which the final disposition of
1354	1354	18 the case is entered. If the defendant's attorney does
1355	1355	19 not file the petition for immediate sealing during the
1356	1356	20 hearing, the defendant may file a petition for sealing
1357	1357	21 at any time as authorized under subsection (c)(3)(A).
1358	1358	22 (B) Contents of Petition. The immediate sealing
1359	1359	23 petition shall be verified and shall contain the
1360	1360	24 petitioner's name, date of birth, current address, and
1361	1361	25 for each eligible record, the case number, the date of
1362	1362	26 arrest if applicable, the identity of the arresting
1363	1363
1364	1364
1365	1365
1366	1366
1367	1367
1368	1368	HB1090 - 37 - LRB103 04858 RLC 49868 b
1369	1369
1370	1370
1371	1371	HB1090- 38 -LRB103 04858 RLC 49868 b HB1090 - 38 - LRB103 04858 RLC 49868 b
1372	1372	HB1090 - 38 - LRB103 04858 RLC 49868 b
1373	1373	1 authority if applicable, and other information as the
1374	1374	2 court may require.
1375	1375	3 (C) Drug Test. The petitioner shall not be
1376	1376	4 required to attach proof that he or she has passed a
1377	1377	5 drug test.
1378	1378	6 (D) Service of Petition. A copy of the petition
1379	1379	7 shall be served on the State's Attorney in open court.
1380	1380	8 The petitioner shall not be required to serve a copy of
1381	1381	9 the petition on any other agency.
1382	1382	10 (E) Entry of Order. The presiding trial judge
1383	1383	11 shall enter an order granting or denying the petition
1384	1384	12 for immediate sealing during the hearing in which it
1385	1385	13 is filed. Petitions for immediate sealing shall be
1386	1386	14 ruled on in the same hearing in which the final
1387	1387	15 disposition of the case is entered.
1388	1388	16 (F) Hearings. The court shall hear the petition
1389	1389	17 for immediate sealing on the same day and during the
1390	1390	18 same hearing in which the disposition is rendered.
1391	1391	19 (G) Service of Order. An order to immediately seal
1392	1392	20 eligible records shall be served in conformance with
1393	1393	21 subsection (d)(8).
1394	1394	22 (H) Implementation of Order. An order to
1395	1395	23 immediately seal records shall be implemented in
1396	1396	24 conformance with subsections (d)(9)(C) and (d)(9)(D).
1397	1397	25 (I) Fees. The fee imposed by the circuit court
1398	1398	26 clerk and the Illinois State Police shall comply with
1399	1399
1400	1400
1401	1401
1402	1402
1403	1403
1404	1404	HB1090 - 38 - LRB103 04858 RLC 49868 b
1405	1405
1406	1406
1407	1407	HB1090- 39 -LRB103 04858 RLC 49868 b HB1090 - 39 - LRB103 04858 RLC 49868 b
1408	1408	HB1090 - 39 - LRB103 04858 RLC 49868 b
1409	1409	1 paragraph (1) of subsection (d) of this Section.
1410	1410	2 (J) Final Order. No court order issued under this
1411	1411	3 subsection (g) shall become final for purposes of
1412	1412	4 appeal until 30 days after service of the order on the
1413	1413	5 petitioner and all parties entitled to service of the
1414	1414	6 order in conformance with subsection (d)(8).
1415	1415	7 (K) Motion to Vacate, Modify, or Reconsider. Under
1416	1416	8 Section 2-1203 of the Code of Civil Procedure, the
1417	1417	9 petitioner, State's Attorney, or the Illinois State
1418	1418	10 Police may file a motion to vacate, modify, or
1419	1419	11 reconsider the order denying the petition to
1420	1420	12 immediately seal within 60 days of service of the
1421	1421	13 order. If filed more than 60 days after service of the
1422	1422	14 order, a petition to vacate, modify, or reconsider
1423	1423	15 shall comply with subsection (c) of Section 2-1401 of
1424	1424	16 the Code of Civil Procedure.
1425	1425	17 (L) Effect of Order. An order granting an
1426	1426	18 immediate sealing petition shall not be considered
1427	1427	19 void because it fails to comply with the provisions of
1428	1428	20 this Section or because of an error asserted in a
1429	1429	21 motion to vacate, modify, or reconsider. The circuit
1430	1430	22 court retains jurisdiction to determine whether the
1431	1431	23 order is voidable, and to vacate, modify, or
1432	1432	24 reconsider its terms based on a motion filed under
1433	1433	25 subparagraph (L) of this subsection (g).
1434	1434	26 (M) Compliance with Order Granting Petition to
1435	1435
1436	1436
1437	1437
1438	1438
1439	1439
1440	1440	HB1090 - 39 - LRB103 04858 RLC 49868 b
1441	1441
1442	1442
1443	1443	HB1090- 40 -LRB103 04858 RLC 49868 b HB1090 - 40 - LRB103 04858 RLC 49868 b
1444	1444	HB1090 - 40 - LRB103 04858 RLC 49868 b
1445	1445	1 Seal Records. Unless a court has entered a stay of an
1446	1446	2 order granting a petition to immediately seal, all
1447	1447	3 parties entitled to service of the order must fully
1448	1448	4 comply with the terms of the order within 60 days of
1449	1449	5 service of the order.
1450	1450	6 (h) Sealing; trafficking victims.
1451	1451	7 (1) A trafficking victim as defined by paragraph (10)
1452	1452	8 of subsection (a) of Section 10-9 of the Criminal Code of
1453	1453	9 2012 shall be eligible to petition for immediate sealing
1454	1454	10 of his or her criminal record upon the completion of his or
1455	1455	11 her last sentence if his or her participation in the
1456	1456	12 underlying offense was a direct result of human
1457	1457	13 trafficking under Section 10-9 of the Criminal Code of
1458	1458	14 2012 or a severe form of trafficking under the federal
1459	1459	15 Trafficking Victims Protection Act.
1460	1460	16 (2) A petitioner under this subsection (h), in
1461	1461	17 addition to the requirements provided under paragraph (4)
1462	1462	18 of subsection (d) of this Section, shall include in his or
1463	1463	19 her petition a clear and concise statement that: (A) he or
1464	1464	20 she was a victim of human trafficking at the time of the
1465	1465	21 offense; and (B) that his or her participation in the
1466	1466	22 offense was a direct result of human trafficking under
1467	1467	23 Section 10-9 of the Criminal Code of 2012 or a severe form
1468	1468	24 of trafficking under the federal Trafficking Victims
1469	1469	25 Protection Act.
1470	1470	26 (3) If an objection is filed alleging that the
1471	1471
1472	1472
1473	1473
1474	1474
1475	1475
1476	1476	HB1090 - 40 - LRB103 04858 RLC 49868 b
1477	1477
1478	1478
1479	1479	HB1090- 41 -LRB103 04858 RLC 49868 b HB1090 - 41 - LRB103 04858 RLC 49868 b
1480	1480	HB1090 - 41 - LRB103 04858 RLC 49868 b
1481	1481	1 petitioner is not entitled to immediate sealing under this
1482	1482	2 subsection (h), the court shall conduct a hearing under
1483	1483	3 paragraph (7) of subsection (d) of this Section and the
1484	1484	4 court shall determine whether the petitioner is entitled
1485	1485	5 to immediate sealing under this subsection (h). A
1486	1486	6 petitioner is eligible for immediate relief under this
1487	1487	7 subsection (h) if he or she shows, by a preponderance of
1488	1488	8 the evidence, that: (A) he or she was a victim of human
1489	1489	9 trafficking at the time of the offense; and (B) that his or
1490	1490	10 her participation in the offense was a direct result of
1491	1491	11 human trafficking under Section 10-9 of the Criminal Code
1492	1492	12 of 2012 or a severe form of trafficking under the federal
1493	1493	13 Trafficking Victims Protection Act.
1494	1494	14 (i) Minor Cannabis Offenses under the Cannabis Control
1495	1495	15 Act.
1496	1496	16 (1) Expungement of Arrest Records of Minor Cannabis
1497	1497	17 Offenses.
1498	1498	18 (A) The Illinois State Police and all law
1499	1499	19 enforcement agencies within the State shall
1500	1500	20 automatically expunge all criminal history records of
1501	1501	21 an arrest, charge not initiated by arrest, order of
1502	1502	22 supervision, or order of qualified probation for a
1503	1503	23 Minor Cannabis Offense committed prior to June 25,
1504	1504	24 2019 (the effective date of Public Act 101-27) if:
1505	1505	25 (i) One year or more has elapsed since the
1506	1506	26 date of the arrest or law enforcement interaction
1507	1507
1508	1508
1509	1509
1510	1510
1511	1511
1512	1512	HB1090 - 41 - LRB103 04858 RLC 49868 b
1513	1513
1514	1514
1515	1515	HB1090- 42 -LRB103 04858 RLC 49868 b HB1090 - 42 - LRB103 04858 RLC 49868 b
1516	1516	HB1090 - 42 - LRB103 04858 RLC 49868 b
1517	1517	1 documented in the records; and
1518	1518	2 (ii) No criminal charges were filed relating
1519	1519	3 to the arrest or law enforcement interaction or
1520	1520	4 criminal charges were filed and subsequently
1521	1521	5 dismissed or vacated or the arrestee was
1522	1522	6 acquitted.
1523	1523	7 (B) If the law enforcement agency is unable to
1524	1524	8 verify satisfaction of condition (ii) in paragraph
1525	1525	9 (A), records that satisfy condition (i) in paragraph
1526	1526	10 (A) shall be automatically expunged.
1527	1527	11 (C) Records shall be expunged by the law
1528	1528	12 enforcement agency under the following timelines:
1529	1529	13 (i) Records created prior to June 25, 2019
1530	1530	14 (the effective date of Public Act 101-27), but on
1531	1531	15 or after January 1, 2013, shall be automatically
1532	1532	16 expunged prior to January 1, 2021;
1533	1533	17 (ii) Records created prior to January 1, 2013,
1534	1534	18 but on or after January 1, 2000, shall be
1535	1535	19 automatically expunged prior to January 1, 2023;
1536	1536	20 (iii) Records created prior to January 1, 2000
1537	1537	21 shall be automatically expunged prior to January
1538	1538	22 1, 2025.
1539	1539	23 In response to an inquiry for expunged records,
1540	1540	24 the law enforcement agency receiving such inquiry
1541	1541	25 shall reply as it does in response to inquiries when no
1542	1542	26 records ever existed; however, it shall provide a
1543	1543
1544	1544
1545	1545
1546	1546
1547	1547
1548	1548	HB1090 - 42 - LRB103 04858 RLC 49868 b
1549	1549
1550	1550
1551	1551	HB1090- 43 -LRB103 04858 RLC 49868 b HB1090 - 43 - LRB103 04858 RLC 49868 b
1552	1552	HB1090 - 43 - LRB103 04858 RLC 49868 b
1553	1553	1 certificate of disposition or confirmation that the
1554	1554	2 record was expunged to the individual whose record was
1555	1555	3 expunged if such a record exists.
1556	1556	4 (D) Nothing in this Section shall be construed to
1557	1557	5 restrict or modify an individual's right to have that
1558	1558	6 individual's records expunged except as otherwise may
1559	1559	7 be provided in this Act, or diminish or abrogate any
1560	1560	8 rights or remedies otherwise available to the
1561	1561	9 individual.
1562	1562	10 (2) Pardons Authorizing Expungement of Minor Cannabis
1563	1563	11 Offenses.
1564	1564	12 (A) Upon June 25, 2019 (the effective date of
1565	1565	13 Public Act 101-27), the Department of State Police
1566	1566	14 shall review all criminal history record information
1567	1567	15 and identify all records that meet all of the
1568	1568	16 following criteria:
1569	1569	17 (i) one or more convictions for a Minor
1570	1570	18 Cannabis Offense;
1571	1571	19 (ii) the conviction identified in paragraph
1572	1572	20 (2)(A)(i) did not include a penalty enhancement
1573	1573	21 under Section 7 of the Cannabis Control Act; and
1574	1574	22 (iii) the conviction identified in paragraph
1575	1575	23 (2)(A)(i) is not associated with a conviction for
1576	1576	24 a violent crime as defined in subsection (c) of
1577	1577	25 Section 3 of the Rights of Crime Victims and
1578	1578	26 Witnesses Act.
1579	1579
1580	1580
1581	1581
1582	1582
1583	1583
1584	1584	HB1090 - 43 - LRB103 04858 RLC 49868 b
1585	1585
1586	1586
1587	1587	HB1090- 44 -LRB103 04858 RLC 49868 b HB1090 - 44 - LRB103 04858 RLC 49868 b
1588	1588	HB1090 - 44 - LRB103 04858 RLC 49868 b
1589	1589	1 (B) Within 180 days after June 25, 2019 (the
1590	1590	2 effective date of Public Act 101-27), the Department
1591	1591	3 of State Police shall notify the Prisoner Review Board
1592	1592	4 of all such records that meet the criteria established
1593	1593	5 in paragraph (2)(A).
1594	1594	6 (i) The Prisoner Review Board shall notify the
1595	1595	7 State's Attorney of the county of conviction of
1596	1596	8 each record identified by State Police in
1597	1597	9 paragraph (2)(A) that is classified as a Class 4
1598	1598	10 felony. The State's Attorney may provide a written
1599	1599	11 objection to the Prisoner Review Board on the sole
1600	1600	12 basis that the record identified does not meet the
1601	1601	13 criteria established in paragraph (2)(A). Such an
1602	1602	14 objection must be filed within 60 days or by such
1603	1603	15 later date set by the Prisoner Review Board in the
1604	1604	16 notice after the State's Attorney received notice
1605	1605	17 from the Prisoner Review Board.
1606	1606	18 (ii) In response to a written objection from a
1607	1607	19 State's Attorney, the Prisoner Review Board is
1608	1608	20 authorized to conduct a non-public hearing to
1609	1609	21 evaluate the information provided in the
1610	1610	22 objection.
1611	1611	23 (iii) The Prisoner Review Board shall make a
1612	1612	24 confidential and privileged recommendation to the
1613	1613	25 Governor as to whether to grant a pardon
1614	1614	26 authorizing expungement for each of the records
1615	1615
1616	1616
1617	1617
1618	1618
1619	1619
1620	1620	HB1090 - 44 - LRB103 04858 RLC 49868 b
1621	1621
1622	1622
1623	1623	HB1090- 45 -LRB103 04858 RLC 49868 b HB1090 - 45 - LRB103 04858 RLC 49868 b
1624	1624	HB1090 - 45 - LRB103 04858 RLC 49868 b
1625	1625	1 identified by the Department of State Police as
1626	1626	2 described in paragraph (2)(A).
1627	1627	3 (C) If an individual has been granted a pardon
1628	1628	4 authorizing expungement as described in this Section,
1629	1629	5 the Prisoner Review Board, through the Attorney
1630	1630	6 General, shall file a petition for expungement with
1631	1631	7 the Chief Judge of the circuit or any judge of the
1632	1632	8 circuit designated by the Chief Judge where the
1633	1633	9 individual had been convicted. Such petition may
1634	1634	10 include more than one individual. Whenever an
1635	1635	11 individual who has been convicted of an offense is
1636	1636	12 granted a pardon by the Governor that specifically
1637	1637	13 authorizes expungement, an objection to the petition
1638	1638	14 may not be filed. Petitions to expunge under this
1639	1639	15 subsection (i) may include more than one individual.
1640	1640	16 Within 90 days of the filing of such a petition, the
1641	1641	17 court shall enter an order expunging the records of
1642	1642	18 arrest from the official records of the arresting
1643	1643	19 authority and order that the records of the circuit
1644	1644	20 court clerk and the Illinois State Police be expunged
1645	1645	21 and the name of the defendant obliterated from the
1646	1646	22 official index requested to be kept by the circuit
1647	1647	23 court clerk under Section 16 of the Clerks of Courts
1648	1648	24 Act in connection with the arrest and conviction for
1649	1649	25 the offense for which the individual had received a
1650	1650	26 pardon but the order shall not affect any index issued
1651	1651
1652	1652
1653	1653
1654	1654
1655	1655
1656	1656	HB1090 - 45 - LRB103 04858 RLC 49868 b
1657	1657
1658	1658
1659	1659	HB1090- 46 -LRB103 04858 RLC 49868 b HB1090 - 46 - LRB103 04858 RLC 49868 b
1660	1660	HB1090 - 46 - LRB103 04858 RLC 49868 b
1661	1661	1 by the circuit court clerk before the entry of the
1662	1662	2 order. Upon entry of the order of expungement, the
1663	1663	3 circuit court clerk shall promptly provide a copy of
1664	1664	4 the order and a certificate of disposition to the
1665	1665	5 individual who was pardoned to the individual's last
1666	1666	6 known address or by electronic means (if available) or
1667	1667	7 otherwise make it available to the individual upon
1668	1668	8 request.
1669	1669	9 (D) Nothing in this Section is intended to
1670	1670	10 diminish or abrogate any rights or remedies otherwise
1671	1671	11 available to the individual.
1672	1672	12 (3) Any individual may file a motion to vacate and
1673	1673	13 expunge a conviction for a misdemeanor or Class 4 felony
1674	1674	14 violation of Section 4 or Section 5 of the Cannabis
1675	1675	15 Control Act. Motions to vacate and expunge under this
1676	1676	16 subsection (i) may be filed with the circuit court, Chief
1677	1677	17 Judge of a judicial circuit or any judge of the circuit
1678	1678	18 designated by the Chief Judge. The circuit court clerk
1679	1679	19 shall promptly serve a copy of the motion to vacate and
1680	1680	20 expunge, and any supporting documentation, on the State's
1681	1681	21 Attorney or prosecutor charged with the duty of
1682	1682	22 prosecuting the offense. When considering such a motion to
1683	1683	23 vacate and expunge, a court shall consider the following:
1684	1684	24 the reasons to retain the records provided by law
1685	1685	25 enforcement, the petitioner's age, the petitioner's age at
1686	1686	26 the time of offense, the time since the conviction, and
1687	1687
1688	1688
1689	1689
1690	1690
1691	1691
1692	1692	HB1090 - 46 - LRB103 04858 RLC 49868 b
1693	1693
1694	1694
1695	1695	HB1090- 47 -LRB103 04858 RLC 49868 b HB1090 - 47 - LRB103 04858 RLC 49868 b
1696	1696	HB1090 - 47 - LRB103 04858 RLC 49868 b
1697	1697	1 the specific adverse consequences if denied. An individual
1698	1698	2 may file such a petition after the completion of any
1699	1699	3 non-financial sentence or non-financial condition imposed
1700	1700	4 by the conviction. Within 60 days of the filing of such
1701	1701	5 motion, a State's Attorney may file an objection to such a
1702	1702	6 petition along with supporting evidence. If a motion to
1703	1703	7 vacate and expunge is granted, the records shall be
1704	1704	8 expunged in accordance with subparagraphs (d)(8) and
1705	1705	9 (d)(9)(A) of this Section. An agency providing civil legal
1706	1706	10 aid, as defined by Section 15 of the Public Interest
1707	1707	11 Attorney Assistance Act, assisting individuals seeking to
1708	1708	12 file a motion to vacate and expunge under this subsection
1709	1709	13 may file motions to vacate and expunge with the Chief
1710	1710	14 Judge of a judicial circuit or any judge of the circuit
1711	1711	15 designated by the Chief Judge, and the motion may include
1712	1712	16 more than one individual. Motions filed by an agency
1713	1713	17 providing civil legal aid concerning more than one
1714	1714	18 individual may be prepared, presented, and signed
1715	1715	19 electronically.
1716	1716	20 (4) Any State's Attorney may file a motion to vacate
1717	1717	21 and expunge a conviction for a misdemeanor or Class 4
1718	1718	22 felony violation of Section 4 or Section 5 of the Cannabis
1719	1719	23 Control Act. Motions to vacate and expunge under this
1720	1720	24 subsection (i) may be filed with the circuit court, Chief
1721	1721	25 Judge of a judicial circuit or any judge of the circuit
1722	1722	26 designated by the Chief Judge, and may include more than
1723	1723
1724	1724
1725	1725
1726	1726
1727	1727
1728	1728	HB1090 - 47 - LRB103 04858 RLC 49868 b
1729	1729
1730	1730
1731	1731	HB1090- 48 -LRB103 04858 RLC 49868 b HB1090 - 48 - LRB103 04858 RLC 49868 b
1732	1732	HB1090 - 48 - LRB103 04858 RLC 49868 b
1733	1733	1 one individual. Motions filed by a State's Attorney
1734	1734	2 concerning more than one individual may be prepared,
1735	1735	3 presented, and signed electronically. When considering
1736	1736	4 such a motion to vacate and expunge, a court shall
1737	1737	5 consider the following: the reasons to retain the records
1738	1738	6 provided by law enforcement, the individual's age, the
1739	1739	7 individual's age at the time of offense, the time since
1740	1740	8 the conviction, and the specific adverse consequences if
1741	1741	9 denied. Upon entry of an order granting a motion to vacate
1742	1742	10 and expunge records pursuant to this Section, the State's
1743	1743	11 Attorney shall notify the Prisoner Review Board within 30
1744	1744	12 days. Upon entry of the order of expungement, the circuit
1745	1745	13 court clerk shall promptly provide a copy of the order and
1746	1746	14 a certificate of disposition to the individual whose
1747	1747	15 records will be expunged to the individual's last known
1748	1748	16 address or by electronic means (if available) or otherwise
1749	1749	17 make available to the individual upon request. If a motion
1750	1750	18 to vacate and expunge is granted, the records shall be
1751	1751	19 expunged in accordance with subparagraphs (d)(8) and
1752	1752	20 (d)(9)(A) of this Section.
1753	1753	21 (5) In the public interest, the State's Attorney of a
1754	1754	22 county has standing to file motions to vacate and expunge
1755	1755	23 pursuant to this Section in the circuit court with
1756	1756	24 jurisdiction over the underlying conviction.
1757	1757	25 (6) If a person is arrested for a Minor Cannabis
1758	1758	26 Offense as defined in this Section before June 25, 2019
1759	1759
1760	1760
1761	1761
1762	1762
1763	1763
1764	1764	HB1090 - 48 - LRB103 04858 RLC 49868 b
1765	1765
1766	1766
1767	1767	HB1090- 49 -LRB103 04858 RLC 49868 b HB1090 - 49 - LRB103 04858 RLC 49868 b
1768	1768	HB1090 - 49 - LRB103 04858 RLC 49868 b
1769	1769	1 (the effective date of Public Act 101-27) and the person's
1770	1770	2 case is still pending but a sentence has not been imposed,
1771	1771	3 the person may petition the court in which the charges are
1772	1772	4 pending for an order to summarily dismiss those charges
1773	1773	5 against him or her, and expunge all official records of
1774	1774	6 his or her arrest, plea, trial, conviction, incarceration,
1775	1775	7 supervision, or expungement. If the court determines, upon
1776	1776	8 review, that: (A) the person was arrested before June 25,
1777	1777	9 2019 (the effective date of Public Act 101-27) for an
1778	1778	10 offense that has been made eligible for expungement; (B)
1779	1779	11 the case is pending at the time; and (C) the person has not
1780	1780	12 been sentenced of the minor cannabis violation eligible
1781	1781	13 for expungement under this subsection, the court shall
1782	1782	14 consider the following: the reasons to retain the records
1783	1783	15 provided by law enforcement, the petitioner's age, the
1784	1784	16 petitioner's age at the time of offense, the time since
1785	1785	17 the conviction, and the specific adverse consequences if
1786	1786	18 denied. If a motion to dismiss and expunge is granted, the
1787	1787	19 records shall be expunged in accordance with subparagraph
1788	1788	20 (d)(9)(A) of this Section.
1789	1789	21 (7) A person imprisoned solely as a result of one or
1790	1790	22 more convictions for Minor Cannabis Offenses under this
1791	1791	23 subsection (i) shall be released from incarceration upon
1792	1792	24 the issuance of an order under this subsection.
1793	1793	25 (8) The Illinois State Police shall allow a person to
1794	1794	26 use the access and review process, established in the
1795	1795
1796	1796
1797	1797
1798	1798
1799	1799
1800	1800	HB1090 - 49 - LRB103 04858 RLC 49868 b
1801	1801
1802	1802
1803	1803	HB1090- 50 -LRB103 04858 RLC 49868 b HB1090 - 50 - LRB103 04858 RLC 49868 b
1804	1804	HB1090 - 50 - LRB103 04858 RLC 49868 b
1805	1805	1 Illinois State Police, for verifying that his or her
1806	1806	2 records relating to Minor Cannabis Offenses of the
1807	1807	3 Cannabis Control Act eligible under this Section have been
1808	1808	4 expunged.
1809	1809	5 (9) No conviction vacated pursuant to this Section
1810	1810	6 shall serve as the basis for damages for time unjustly
1811	1811	7 served as provided in the Court of Claims Act.
1812	1812	8 (10) Effect of Expungement. A person's right to
1813	1813	9 expunge an expungeable offense shall not be limited under
1814	1814	10 this Section. The effect of an order of expungement shall
1815	1815	11 be to restore the person to the status he or she occupied
1816	1816	12 before the arrest, charge, or conviction.
1817	1817	13 (11) Information. The Illinois State Police shall post
1818	1818	14 general information on its website about the expungement
1819	1819	15 process described in this subsection (i).
1820	1820	16 (j) Felony Prostitution Convictions.
1821	1821	17 (1) Any individual may file a motion to vacate and
1822	1822	18 expunge a conviction for a prior Class 4 felony violation
1823	1823	19 of prostitution. Motions to vacate and expunge under this
1824	1824	20 subsection (j) may be filed with the circuit court, Chief
1825	1825	21 Judge of a judicial circuit, or any judge of the circuit
1826	1826	22 designated by the Chief Judge. When considering the motion
1827	1827	23 to vacate and expunge, a court shall consider the
1828	1828	24 following:
1829	1829	25 (A) the reasons to retain the records provided by
1830	1830	26 law enforcement;
1831	1831
1832	1832
1833	1833
1834	1834
1835	1835
1836	1836	HB1090 - 50 - LRB103 04858 RLC 49868 b
1837	1837
1838	1838
1839	1839	HB1090- 51 -LRB103 04858 RLC 49868 b HB1090 - 51 - LRB103 04858 RLC 49868 b
1840	1840	HB1090 - 51 - LRB103 04858 RLC 49868 b
1841	1841	1 (B) the petitioner's age;
1842	1842	2 (C) the petitioner's age at the time of offense;
1843	1843	3 and
1844	1844	4 (D) the time since the conviction, and the
1845	1845	5 specific adverse consequences if denied. An individual
1846	1846	6 may file the petition after the completion of any
1847	1847	7 sentence or condition imposed by the conviction.
1848	1848	8 Within 60 days of the filing of the motion, a State's
1849	1849	9 Attorney may file an objection to the petition along
1850	1850	10 with supporting evidence. If a motion to vacate and
1851	1851	11 expunge is granted, the records shall be expunged in
1852	1852	12 accordance with subparagraph (d)(9)(A) of this
1853	1853	13 Section. An agency providing civil legal aid, as
1854	1854	14 defined in Section 15 of the Public Interest Attorney
1855	1855	15 Assistance Act, assisting individuals seeking to file
1856	1856	16 a motion to vacate and expunge under this subsection
1857	1857	17 may file motions to vacate and expunge with the Chief
1858	1858	18 Judge of a judicial circuit or any judge of the circuit
1859	1859	19 designated by the Chief Judge, and the motion may
1860	1860	20 include more than one individual.
1861	1861	21 (2) Any State's Attorney may file a motion to vacate
1862	1862	22 and expunge a conviction for a Class 4 felony violation of
1863	1863	23 prostitution. Motions to vacate and expunge under this
1864	1864	24 subsection (j) may be filed with the circuit court, Chief
1865	1865	25 Judge of a judicial circuit, or any judge of the circuit
1866	1866	26 court designated by the Chief Judge, and may include more
1867	1867
1868	1868
1869	1869
1870	1870
1871	1871
1872	1872	HB1090 - 51 - LRB103 04858 RLC 49868 b
1873	1873
1874	1874
1875	1875	HB1090- 52 -LRB103 04858 RLC 49868 b HB1090 - 52 - LRB103 04858 RLC 49868 b
1876	1876	HB1090 - 52 - LRB103 04858 RLC 49868 b
1877	1877	1 than one individual. When considering the motion to vacate
1878	1878	2 and expunge, a court shall consider the following reasons:
1879	1879	3 (A) the reasons to retain the records provided by
1880	1880	4 law enforcement;
1881	1881	5 (B) the petitioner's age;
1882	1882	6 (C) the petitioner's age at the time of offense;
1883	1883	7 (D) the time since the conviction; and
1884	1884	8 (E) the specific adverse consequences if denied.
1885	1885	9 If the State's Attorney files a motion to vacate and
1886	1886	10 expunge records for felony prostitution convictions
1887	1887	11 pursuant to this Section, the State's Attorney shall
1888	1888	12 notify the Prisoner Review Board within 30 days of the
1889	1889	13 filing. If a motion to vacate and expunge is granted, the
1890	1890	14 records shall be expunged in accordance with subparagraph
1891	1891	15 (d)(9)(A) of this Section.
1892	1892	16 (3) In the public interest, the State's Attorney of a
1893	1893	17 county has standing to file motions to vacate and expunge
1894	1894	18 pursuant to this Section in the circuit court with
1895	1895	19 jurisdiction over the underlying conviction.
1896	1896	20 (4) The Illinois State Police shall allow a person to
1897	1897	21 a use the access and review process, established in the
1898	1898	22 Illinois State Police, for verifying that his or her
1899	1899	23 records relating to felony prostitution eligible under
1900	1900	24 this Section have been expunged.
1901	1901	25 (5) No conviction vacated pursuant to this Section
1902	1902	26 shall serve as the basis for damages for time unjustly
1903	1903
1904	1904
1905	1905
1906	1906
1907	1907
1908	1908	HB1090 - 52 - LRB103 04858 RLC 49868 b
1909	1909
1910	1910
1911	1911	HB1090- 53 -LRB103 04858 RLC 49868 b HB1090 - 53 - LRB103 04858 RLC 49868 b
1912	1912	HB1090 - 53 - LRB103 04858 RLC 49868 b
1913	1913	1 served as provided in the Court of Claims Act.
1914	1914	2 (6) Effect of Expungement. A person's right to expunge
1915	1915	3 an expungeable offense shall not be limited under this
1916	1916	4 Section. The effect of an order of expungement shall be to
1917	1917	5 restore the person to the status he or she occupied before
1918	1918	6 the arrest, charge, or conviction.
1919	1919	7 (7) Information. The Illinois State Police shall post
1920	1920	8 general information on its website about the expungement
1921	1921	9 process described in this subsection (j).
1922	1922	10 (j) Notwithstanding any other provision of this Section to
1923	1923	11 the contrary, the Illinois State Police and all law
1924	1924	12 enforcement agencies within the State shall automatically
1925	1925	13 expunge all criminal history records of an arrest, charge not
1926	1926	14 initiated by arrest, order of supervision, or order of
1927	1927	15 qualified probation for any person who, on or after January 1,
1928	1928	16 1970, has been convicted of, pled guilty to, or is serving an
1929	1929	17 order of supervision for a violation of Section 4 or 5 of the
1930	1930	18 Cannabis Control Act or a predecessor law of this State
1931	1931	19 prohibiting the possession or delivery of cannabis whether or
1932	1932	20 not the person has served or is serving his or her sentence for
1933	1933	21 that violation on the effective date of this amendatory Act of
1934	1934	22 the 103rd General Assembly. The clerk of the circuit court
1935	1935	23 shall, on the effective date of this amendatory Act of the
1936	1936	24 103rd General Assembly, automatically expunge the court
1937	1937	25 records of a person who, on or after January 1, 1970, has been
1938	1938	26 convicted of, or is serving an order of supervision for, a
1939	1939
1940	1940
1941	1941
1942	1942
1943	1943
1944	1944	HB1090 - 53 - LRB103 04858 RLC 49868 b
1945	1945
1946	1946
1947	1947	HB1090- 54 -LRB103 04858 RLC 49868 b HB1090 - 54 - LRB103 04858 RLC 49868 b
1948	1948	HB1090 - 54 - LRB103 04858 RLC 49868 b
1949	1949	1 violation of Section 4 or 5 of the Cannabis Control Act or a
1950	1950	2 predecessor law of this State prohibiting the possession or
1951	1951	3 delivery of cannabis whether or not the person has served or is
1952	1952	4 serving his or her sentence for that violation on the
1953	1953	5 effective date of this amendatory Act of the 103rd General
1954	1954	6 Assembly. A person imprisoned solely as a result of one or more
1955	1955	7 convictions for a violation of Section 4 or 5 of the Cannabis
1956	1956	8 Control Act under this subsection (j) shall be released from
1957	1957	9 incarceration on the effective date of this amendatory Act of
1958	1958	10 the 103rd General Assembly. This subsection (j) does not apply
1959	1959	11 to offenses involving the manufacture or production of
1960	1960	12 cannabis.
1961	1961	13 (k) Notwithstanding any other provision of subsections (i)
1962	1962	14 and (j), no person shall be eligible for expungement under
1963	1963	15 subsection (i) or (j) if the violation occurred during the
1964	1964	16 commission by the person of first degree murder, kidnapping,
1965	1965	17 aggravated kidnaping, criminal sexual assault, aggravated
1966	1966	18 criminal sexual assault, predatory criminal sexual assault of
1967	1967	19 a child, aggravated criminal sexual abuse, or felony criminal
1968	1968	20 sexual abuse.
1969	1969	21 (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
1970	1970	22 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
1971	1971	23 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
1972	1972	24 102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.
1973	1973	25 5-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)
1974	1974
1975	1975
1976	1976
1977	1977
1978	1978
1979	1979	HB1090 - 54 - LRB103 04858 RLC 49868 b
1980	1980
1981	1981
1982	1982	HB1090- 55 -LRB103 04858 RLC 49868 b HB1090 - 55 - LRB103 04858 RLC 49868 b
1983	1983	HB1090 - 55 - LRB103 04858 RLC 49868 b
1984	1984	1 Section 10. The Cannabis Regulation and Tax Act is amended
1985	1985	2 by changing Section 10-15 as follows:
1986	1986	3 (410 ILCS 705/10-15)
1987	1987	4 Sec. 10-15. Persons under 21 years of age.
1988	1988	5 (a) Nothing in this Act is intended to permit the transfer
1989	1989	6 of cannabis, with or without remuneration, to a person under
1990	1990	7 21 years of age, or to allow a person under 21 years of age to
1991	1991	8 purchase, possess, use, process, transport, grow, or consume
1992	1992	9 cannabis except where authorized by the Compassionate Use of
1993	1993	10 Medical Cannabis Program Act or by the Community College
1994	1994	11 Cannabis Vocational Pilot Program.
1995	1995	12 (b) Notwithstanding any other provisions of law
1996	1996	13 authorizing the possession of medical cannabis, nothing in
1997	1997	14 this Act authorizes a person who is under 21 years of age to
1998	1998	15 possess cannabis. A person under 21 years of age with cannabis
1999	1999	16 in his or her possession is guilty of a civil law violation
2000	2000	17 punishable by a minimum fine of $100 and a maximum fine of $200
2001	2001	18 as outlined in paragraph (a) of Section 4 of the Cannabis
2002	2002	19 Control Act. The proceeds of the fine shall be payable to the
2003	2003	20 clerk of the circuit court. Within 30 days after the deposit of
2004	2004	21 the fine, the clerk shall distribute the proceeds of the fine
2005	2005	22 as follows:
2006	2006	23 (1) $10 of the fine to the circuit clerk and $10 of the
2007	2007	24 fine to the law enforcement agency that issued the
2008	2008	25 citation; the proceeds of each $10 fine distributed to the
2009	2009
2010	2010
2011	2011
2012	2012
2013	2013
2014	2014	HB1090 - 55 - LRB103 04858 RLC 49868 b
2015	2015
2016	2016
2017	2017	HB1090- 56 -LRB103 04858 RLC 49868 b HB1090 - 56 - LRB103 04858 RLC 49868 b
2018	2018	HB1090 - 56 - LRB103 04858 RLC 49868 b
2019	2019	1 circuit clerk and each $10 fine distributed to the law
2020	2020	2 enforcement agency that issued the citation for the
2021	2021	3 violation shall be used to defer the cost of automatic
2022	2022	4 expungements under paragraph (2.5) of subsection (a) of
2023	2023	5 Section 5.2 of the Criminal Identification Act;
2024	2024	6 (2) $15 to the county to fund drug addiction services;
2025	2025	7 (3) $10 to the Office of the State's Attorneys
2026	2026	8 Appellate Prosecutor for use in training programs;
2027	2027	9 (4) $10 to the State's Attorney; and
2028	2028	10 (5) any remainder of the fine to the law enforcement
2029	2029	11 agency that issued the citation for the violation.
2030	2030	12 With respect to funds designated for the Illinois State
2031	2031	13 Police, the moneys shall be remitted by the circuit court
2032	2032	14 clerk to the Illinois State Police within one month after
2033	2033	15 receipt for deposit into the State Police Operations
2034	2034	16 Assistance Fund. With respect to funds designated for the
2035	2035	17 Department of Natural Resources, the Department of Natural
2036	2036	18 Resources shall deposit the moneys into the Conservation
2037	2037	19 Police Operations Assistance Fund.
2038	2038	20 (c) If the person under the age of 21 was in a motor
2039	2039	21 vehicle at the time of the offense, the Secretary of State may
2040	2040	22 suspend or revoke the driving privileges of any person for a
2041	2041	23 violation of this Section under Section 6-206 of the Illinois
2042	2042	24 Vehicle Code and the rules adopted under it.
2043	2043	25 (d) It is unlawful for any parent or guardian to knowingly
2044	2044	26 permit his or her residence, any other private property under
2045	2045
2046	2046
2047	2047
2048	2048
2049	2049
2050	2050	HB1090 - 56 - LRB103 04858 RLC 49868 b
2051	2051
2052	2052
2053	2053	HB1090- 57 -LRB103 04858 RLC 49868 b HB1090 - 57 - LRB103 04858 RLC 49868 b
2054	2054	HB1090 - 57 - LRB103 04858 RLC 49868 b
2055	2055	1 his or her control, or any vehicle, conveyance, or watercraft
2056	2056	2 under his or her control to be used by an invitee of the
2057	2057	3 parent's child or the guardian's ward, if the invitee is under
2058	2058	4 the age of 21, in a manner that constitutes a violation of this
2059	2059	5 Section. A parent or guardian is deemed to have knowingly
2060	2060	6 permitted his or her residence, any other private property
2061	2061	7 under his or her control, or any vehicle, conveyance, or
2062	2062	8 watercraft under his or her control to be used in violation of
2063	2063	9 this Section if he or she knowingly authorizes or permits
2064	2064	10 consumption of cannabis by underage invitees. Any person who
2065	2065	11 violates this subsection (d) is guilty of a Class A
2066	2066	12 misdemeanor and the person's sentence shall include, but shall
2067	2067	13 not be limited to, a fine of not less than $500. If a violation
2068	2068	14 of this subsection (d) directly or indirectly results in great
2069	2069	15 bodily harm or death to any person, the person violating this
2070	2070	16 subsection is guilty of a Class 4 felony. In this subsection
2071	2071	17 (d), where the residence or other property has an owner and a
2072	2072	18 tenant or lessee, the trier of fact may infer that the
2073	2073	19 residence or other property is occupied only by the tenant or
2074	2074	20 lessee.
2075	2075	21 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
2076	2076	22 Section 15. The Cannabis Control Act is amended by
2077	2077	23 changing Section 5 as follows:
2078	2078	24 (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
2079	2079
2080	2080
2081	2081
2082	2082
2083	2083
2084	2084	HB1090 - 57 - LRB103 04858 RLC 49868 b
2085	2085
2086	2086
2087	2087	HB1090- 58 -LRB103 04858 RLC 49868 b HB1090 - 58 - LRB103 04858 RLC 49868 b
2088	2088	HB1090 - 58 - LRB103 04858 RLC 49868 b
2089	2089	1 Sec. 5. Except as otherwise provided in the Cannabis
2090	2090	2 Regulation and Tax Act and the Industrial Hemp Act, it is
2091	2091	3 unlawful for any person knowingly to manufacture, deliver, or
2092	2092	4 possess with intent to deliver, or manufacture, cannabis. Any
2093	2093	5 person who violates this Section with respect to:
2094	2094	6 (a) not more than 2.5 grams of any substance
2095	2095	7 containing cannabis is guilty of a Class B misdemeanor;
2096	2096	8 (b) more than 2.5 grams but not more than 10 grams of
2097	2097	9 any substance containing cannabis is guilty of a Class A
2098	2098	10 misdemeanor;
2099	2099	11 (c) more than 10 grams but not more than 30 grams of
2100	2100	12 any substance containing cannabis is guilty of a Class 4
2101	2101	13 felony;
2102	2102	14 (d) more than 30 grams but not more than 500 grams of
2103	2103	15 any substance containing cannabis is guilty of a Class 3
2104	2104	16 felony for which a fine not to exceed $50,000 may be
2105	2105	17 imposed;
2106	2106	18 (e) more than 500 grams but not more than 2,000 grams
2107	2107	19 of any substance containing cannabis is guilty of a Class
2108	2108	20 2 felony for which a fine not to exceed $100,000 may be
2109	2109	21 imposed;
2110	2110	22 (f) more than 2,000 grams but not more than 5,000
2111	2111	23 grams of any substance containing cannabis is guilty of a
2112	2112	24 Class 1 felony for which a fine not to exceed $150,000 may
2113	2113	25 be imposed;
2114	2114	26 (g) more than 5,000 grams of any substance containing
2115	2115
2116	2116
2117	2117
2118	2118
2119	2119
2120	2120	HB1090 - 58 - LRB103 04858 RLC 49868 b
2121	2121
2122	2122
2123	2123	HB1090- 59 -LRB103 04858 RLC 49868 b HB1090 - 59 - LRB103 04858 RLC 49868 b
2124	2124	HB1090 - 59 - LRB103 04858 RLC 49868 b
2125	2125	1 cannabis is guilty of a Class X felony for which a fine not
2126	2126	2 to exceed $200,000 may be imposed.
2127	2127	3 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
2128	2128	4 (720 ILCS 550/4 rep.)
2129	2129	5 Section 20. The Cannabis Control Act is amended by
2130	2130	6 repealing Section 4.
2131	2131
2132	2132
2133	2133
2134	2134
2135	2135
2136	2136	HB1090 - 59 - LRB103 04858 RLC 49868 b