IL
Illinois House Bill HB2632

Illinois 2023-2024 Regular Session

Illinois House Bill HB2632 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2632 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-915 Amends the Juvenile Court Act of 1987. Provides that the juvenile law enforcement records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement. Provides that the law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision. Provides that the law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency. Provides that the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk's possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision. Effective immediately. LRB103 26859 RLC 53223 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2632 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-915 705 ILCS 405/5-915 Amends the Juvenile Court Act of 1987. Provides that the juvenile law enforcement records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement. Provides that the law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision. Provides that the law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency. Provides that the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk's possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision. Effective immediately. LRB103 26859 RLC 53223 b LRB103 26859 RLC 53223 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2632 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
33 705 ILCS 405/5-915 705 ILCS 405/5-915
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55 Amends the Juvenile Court Act of 1987. Provides that the juvenile law enforcement records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement. Provides that the law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision. Provides that the law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency. Provides that the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk's possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision. Effective immediately.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Juvenile Court Act of 1987 is amended by
1515 5 changing Section 5-915 as follows:
1616 6 (705 ILCS 405/5-915)
1717 7 Sec. 5-915. Expungement of juvenile law enforcement and
1818 8 juvenile court records.
1919 9 (0.05) (Blank).
2020 10 (0.1) (a) The Illinois State Police and all law
2121 11 enforcement agencies within the State shall automatically
2222 12 expunge, on or before January 1 of each year, except as
2323 13 described in paragraph (c) of subsection (0.1), all juvenile
2424 14 law enforcement records relating to events occurring before an
2525 15 individual's 18th birthday if:
2626 16 (1) one year or more has elapsed since the date of the
2727 17 arrest or law enforcement interaction documented in the
2828 18 records;
2929 19 (2) no petition for delinquency or criminal charges
3030 20 were filed with the clerk of the circuit court relating to
3131 21 the arrest or law enforcement interaction documented in
3232 22 the records; and
3333 23 (3) 6 months have elapsed since the date of the arrest
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2632 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
3838 705 ILCS 405/5-915 705 ILCS 405/5-915
3939 705 ILCS 405/5-915
4040 Amends the Juvenile Court Act of 1987. Provides that the juvenile law enforcement records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement. Provides that the law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision. Provides that the law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency. Provides that the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk's possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision. Effective immediately.
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6868 1 without an additional subsequent arrest or filing of a
6969 2 petition for delinquency or criminal charges whether
7070 3 related or not to the arrest or law enforcement
7171 4 interaction documented in the records.
7272 5 (b) If the law enforcement agency is unable to verify
7373 6 satisfaction of conditions (2) and (3) of this subsection
7474 7 (0.1), records that satisfy condition (1) of this subsection
7575 8 (0.1) shall be automatically expunged if the records relate to
7676 9 an offense that if committed by an adult would not be an
7777 10 offense classified as a Class 2 felony or higher, an offense
7878 11 under Article 11 of the Criminal Code of 1961 or Criminal Code
7979 12 of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
8080 13 12-15, or 12-16 of the Criminal Code of 1961.
8181 14 (c) If the juvenile law enforcement record was received
8282 15 through a public submission to a statewide student
8383 16 confidential reporting system administered by the Illinois
8484 17 State Police, the record will be maintained for a period of 5
8585 18 years according to all other provisions in subsection (0.1).
8686 19 (0.15) If a juvenile law enforcement record meets
8787 20 paragraph (a) of subsection (0.1) of this Section, a juvenile
8888 21 law enforcement record created:
8989 22 (1) prior to January 1, 2018, but on or after January
9090 23 1, 2013 shall be automatically expunged prior to January
9191 24 1, 2020;
9292 25 (2) prior to January 1, 2013, but on or after January
9393 26 1, 2000, shall be automatically expunged prior to January
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104104 1 1, 2023; and
105105 2 (3) prior to January 1, 2000 shall not be subject to
106106 3 the automatic expungement provisions of this Act.
107107 4 Nothing in this subsection (0.15) shall be construed to
108108 5 restrict or modify an individual's right to have his or her
109109 6 juvenile law enforcement records expunged except as otherwise
110110 7 may be provided in this Act.
111111 8 (0.16) Notwithstanding any other provision of this
112112 9 Section, commencing 180 days after the effective date of this
113113 10 amendatory Act of the 103rd General Assembly, the juvenile law
114114 11 enforcement records of a person who before his or her 21st
115115 12 birthday has committed an act which if committed by an adult
116116 13 would constitute a criminal violation under the Cannabis
117117 14 Control Act or a criminal violation of Section 3.5 of the Drug
118118 15 Paraphernalia Control Act with respect to cannabis are subject
119119 16 to automatic expungement. The law enforcement agency who
120120 17 initiated the violation shall automatically expunge, on or
121121 18 before January 1 and July 1 of each year, the juvenile law
122122 19 enforcement records of a person eligible under this subsection
123123 20 (0.16). The law enforcement agency shall provide by rule the
124124 21 process for access, review, and confirmation of the automatic
125125 22 expungement by the law enforcement agency.
126126 23 (0.2) (a) Upon dismissal of a petition alleging
127127 24 delinquency or upon a finding of not delinquent, the
128128 25 successful termination of an order of supervision, or the
129129 26 successful termination of an adjudication for an offense which
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140140 1 would be a Class B misdemeanor, Class C misdemeanor, or a petty
141141 2 or business offense if committed by an adult, the court shall
142142 3 automatically order the expungement of the juvenile court
143143 4 records and juvenile law enforcement records. The clerk shall
144144 5 deliver a certified copy of the expungement order to the
145145 6 Illinois State Police and the arresting agency. Upon request,
146146 7 the State's Attorney shall furnish the name of the arresting
147147 8 agency. The expungement shall be completed within 60 business
148148 9 days after the receipt of the expungement order.
149149 10 (b) If the chief law enforcement officer of the agency, or
150150 11 his or her designee, certifies in writing that certain
151151 12 information is needed for a pending investigation involving
152152 13 the commission of a felony, that information, and information
153153 14 identifying the juvenile, may be retained until the statute of
154154 15 limitations for the felony has run. If the chief law
155155 16 enforcement officer of the agency, or his or her designee,
156156 17 certifies in writing that certain information is needed with
157157 18 respect to an internal investigation of any law enforcement
158158 19 office, that information and information identifying the
159159 20 juvenile may be retained within an intelligence file until the
160160 21 investigation is terminated or the disciplinary action,
161161 22 including appeals, has been completed, whichever is later.
162162 23 Retention of a portion of a juvenile's law enforcement record
163163 24 does not disqualify the remainder of his or her record from
164164 25 immediate automatic expungement.
165165 26 (0.3) (a) Upon an adjudication of delinquency based on any
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176176 1 offense except a disqualified offense, the juvenile court
177177 2 shall automatically order the expungement of the juvenile
178178 3 court and law enforcement records 2 years after the juvenile's
179179 4 case was closed if no delinquency or criminal proceeding is
180180 5 pending and the person has had no subsequent delinquency
181181 6 adjudication or criminal conviction. The clerk shall deliver a
182182 7 certified copy of the expungement order to the Illinois State
183183 8 Police and the arresting agency. Upon request, the State's
184184 9 Attorney shall furnish the name of the arresting agency. The
185185 10 expungement shall be completed within 60 business days after
186186 11 the receipt of the expungement order. In this subsection
187187 12 (0.3), "disqualified offense" means any of the following
188188 13 offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,
189189 14 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,
190190 15 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,
191191 16 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,
192192 17 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,
193193 18 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,
194194 19 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,
195195 20 31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or
196196 21 subsection (b) of Section 8-1, paragraph (4) of subsection (a)
197197 22 of Section 11-14.4, subsection (a-5) of Section 12-3.1,
198198 23 paragraph (1), (2), or (3) of subsection (a) of Section 12-6,
199199 24 subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or
200200 25 (2) of subsection (a) of Section 12-7.4, subparagraph (i) of
201201 26 paragraph (1) of subsection (a) of Section 12-9, subparagraph
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212212 1 (H) of paragraph (3) of subsection (a) of Section 24-1.6,
213213 2 paragraph (1) of subsection (a) of Section 25-1, or subsection
214214 3 (a-7) of Section 31-1 of the Criminal Code of 2012.
215215 4 (b) If the chief law enforcement officer of the agency, or
216216 5 his or her designee, certifies in writing that certain
217217 6 information is needed for a pending investigation involving
218218 7 the commission of a felony, that information, and information
219219 8 identifying the juvenile, may be retained in an intelligence
220220 9 file until the investigation is terminated or for one
221221 10 additional year, whichever is sooner. Retention of a portion
222222 11 of a juvenile's juvenile law enforcement record does not
223223 12 disqualify the remainder of his or her record from immediate
224224 13 automatic expungement.
225225 14 (0.31) Notwithstanding any other provision of this
226226 15 Section, commencing 180 after the effective date of this
227227 16 amendatory Act of the 103rd General Assembly, the clerk of the
228228 17 circuit court shall expunge, upon order of the court, or in the
229229 18 absence of a court order on or before January 1 and July 1 of
230230 19 each year, the juvenile court records of a person who before
231231 20 his or her 21st birthday has committed an act which if
232232 21 committed by an adult would constitute a criminal violation
233233 22 under the Cannabis Control Act or a criminal violation of
234234 23 Section 3.5 of the Drug Paraphernalia Control Act with respect
235235 24 to cannabis in the clerk's possession or control and which
236236 25 contains the final satisfactory disposition which pertain to a
237237 26 person eligible under this subsection (0.31).
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248248 1 (0.4) Automatic expungement for the purposes of this
249249 2 Section shall not require law enforcement agencies to
250250 3 obliterate or otherwise destroy juvenile law enforcement
251251 4 records that would otherwise need to be automatically expunged
252252 5 under this Act, except after 2 years following the subject
253253 6 arrest for purposes of use in civil litigation against a
254254 7 governmental entity or its law enforcement agency or personnel
255255 8 which created, maintained, or used the records. However, these
256256 9 juvenile law enforcement records shall be considered expunged
257257 10 for all other purposes during this period and the offense,
258258 11 which the records or files concern, shall be treated as if it
259259 12 never occurred as required under Section 5-923.
260260 13 (0.5) Subsection (0.1) or (0.2) of this Section does not
261261 14 apply to violations of traffic, boating, fish and game laws,
262262 15 or county or municipal ordinances.
263263 16 (0.6) Juvenile law enforcement records of a plaintiff who
264264 17 has filed civil litigation against the governmental entity or
265265 18 its law enforcement agency or personnel that created,
266266 19 maintained, or used the records, or juvenile law enforcement
267267 20 records that contain information related to the allegations
268268 21 set forth in the civil litigation may not be expunged until
269269 22 after 2 years have elapsed after the conclusion of the
270270 23 lawsuit, including any appeal.
271271 24 (0.7) Officer-worn body camera recordings shall not be
272272 25 automatically expunged except as otherwise authorized by the
273273 26 Law Enforcement Officer-Worn Body Camera Act.
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284284 1 (1) Whenever a person has been arrested, charged, or
285285 2 adjudicated delinquent for an incident occurring before his or
286286 3 her 18th birthday that if committed by an adult would be an
287287 4 offense, and that person's juvenile law enforcement and
288288 5 juvenile court records are not eligible for automatic
289289 6 expungement under subsection (0.1), (0.2), or (0.3), the
290290 7 person may petition the court at any time for expungement of
291291 8 juvenile law enforcement records and juvenile court records
292292 9 relating to the incident and, upon termination of all juvenile
293293 10 court proceedings relating to that incident, the court shall
294294 11 order the expungement of all records in the possession of the
295295 12 Illinois State Police, the clerk of the circuit court, and law
296296 13 enforcement agencies relating to the incident, but only in any
297297 14 of the following circumstances:
298298 15 (a) the minor was arrested and no petition for
299299 16 delinquency was filed with the clerk of the circuit court;
300300 17 (a-5) the minor was charged with an offense and the
301301 18 petition or petitions were dismissed without a finding of
302302 19 delinquency;
303303 20 (b) the minor was charged with an offense and was
304304 21 found not delinquent of that offense;
305305 22 (c) the minor was placed under supervision under
306306 23 Section 5-615, and the order of supervision has since been
307307 24 successfully terminated; or
308308 25 (d) the minor was adjudicated for an offense which
309309 26 would be a Class B misdemeanor, Class C misdemeanor, or a
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320320 1 petty or business offense if committed by an adult.
321321 2 (1.5) The Illinois State Police shall allow a person to
322322 3 use the Access and Review process, established in the Illinois
323323 4 State Police, for verifying that his or her juvenile law
324324 5 enforcement records relating to incidents occurring before his
325325 6 or her 18th birthday eligible under this Act have been
326326 7 expunged.
327327 8 (1.6) (Blank).
328328 9 (1.7) (Blank).
329329 10 (1.8) (Blank).
330330 11 (2) Any person whose delinquency adjudications are not
331331 12 eligible for automatic expungement under subsection (0.3) of
332332 13 this Section may petition the court to expunge all juvenile
333333 14 law enforcement records relating to any incidents occurring
334334 15 before his or her 18th birthday which did not result in
335335 16 proceedings in criminal court and all juvenile court records
336336 17 with respect to any adjudications except those based upon
337337 18 first degree murder or an offense under Article 11 of the
338338 19 Criminal Code of 2012 if the person is required to register
339339 20 under the Sex Offender Registration Act at the time he or she
340340 21 petitions the court for expungement; provided that 2 years
341341 22 have elapsed since all juvenile court proceedings relating to
342342 23 him or her have been terminated and his or her commitment to
343343 24 the Department of Juvenile Justice under this Act has been
344344 25 terminated.
345345 26 (2.5) If a minor is arrested and no petition for
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356356 1 delinquency is filed with the clerk of the circuit court at the
357357 2 time the minor is released from custody, the youth officer, if
358358 3 applicable, or other designated person from the arresting
359359 4 agency, shall notify verbally and in writing to the minor or
360360 5 the minor's parents or guardians that the minor shall have an
361361 6 arrest record and shall provide the minor and the minor's
362362 7 parents or guardians with an expungement information packet,
363363 8 information regarding this State's expungement laws including
364364 9 a petition to expunge juvenile law enforcement and juvenile
365365 10 court records obtained from the clerk of the circuit court.
366366 11 (2.6) If a minor is referred to court, then, at the time of
367367 12 sentencing, dismissal of the case, or successful completion of
368368 13 supervision, the judge shall inform the delinquent minor of
369369 14 his or her rights regarding expungement and the clerk of the
370370 15 circuit court shall provide an expungement information packet
371371 16 to the minor, written in plain language, including information
372372 17 regarding this State's expungement laws and a petition for
373373 18 expungement, a sample of a completed petition, expungement
374374 19 instructions that shall include information informing the
375375 20 minor that (i) once the case is expunged, it shall be treated
376376 21 as if it never occurred, (ii) he or she may apply to have
377377 22 petition fees waived, (iii) once he or she obtains an
378378 23 expungement, he or she may not be required to disclose that he
379379 24 or she had a juvenile law enforcement or juvenile court
380380 25 record, and (iv) if petitioning he or she may file the petition
381381 26 on his or her own or with the assistance of an attorney. The
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392392 1 failure of the judge to inform the delinquent minor of his or
393393 2 her right to petition for expungement as provided by law does
394394 3 not create a substantive right, nor is that failure grounds
395395 4 for: (i) a reversal of an adjudication of delinquency; (ii) a
396396 5 new trial; or (iii) an appeal.
397397 6 (2.7) (Blank).
398398 7 (2.8) (Blank).
399399 8 (3) (Blank).
400400 9 (3.1) (Blank).
401401 10 (3.2) (Blank).
402402 11 (3.3) (Blank).
403403 12 (4) (Blank).
404404 13 (5) (Blank).
405405 14 (5.5) Whether or not expunged, records eligible for
406406 15 automatic expungement under subdivision (0.1)(a), (0.2)(a), or
407407 16 (0.3)(a) may be treated as expunged by the individual subject
408408 17 to the records.
409409 18 (6) (Blank).
410410 19 (6.5) The Illinois State Police or any employee of the
411411 20 Illinois State Police shall be immune from civil or criminal
412412 21 liability for failure to expunge any records of arrest that
413413 22 are subject to expungement under this Section because of
414414 23 inability to verify a record. Nothing in this Section shall
415415 24 create Illinois State Police liability or responsibility for
416416 25 the expungement of juvenile law enforcement records it does
417417 26 not possess.
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428428 1 (7) (Blank).
429429 2 (7.5) (Blank).
430430 3 (8) The expungement of juvenile law enforcement or
431431 4 juvenile court records under subsection (0.1), (0.2), or (0.3)
432432 5 of this Section shall be funded by appropriation by the
433433 6 General Assembly for that purpose.
434434 7 (9) (Blank).
435435 8 (10) (Blank).
436436 9 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
437437 10 102-752, eff. 1-1-23; revised 8-23-22.)
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