IL
Illinois House Bill HB5023

Illinois 2023-2024 Regular Session

Illinois House Bill HB5023 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5023 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 20 ILCS 2630/5.2735 ILCS 5/9-121 Amends the Code of Civil Procedure. Provides that in the Eviction Article the term "impounded" has the meaning ascribed to the term in the Court Record and Document Accessibility Act. In that Article, replaces the term "seal" with "impound". Amends the Criminal Identification Act to make conforming changes. LRB103 37573 JRC 67699 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5023 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 20 ILCS 2630/5.2735 ILCS 5/9-121 20 ILCS 2630/5.2 735 ILCS 5/9-121 Amends the Code of Civil Procedure. Provides that in the Eviction Article the term "impounded" has the meaning ascribed to the term in the Court Record and Document Accessibility Act. In that Article, replaces the term "seal" with "impound". Amends the Criminal Identification Act to make conforming changes. LRB103 37573 JRC 67699 b LRB103 37573 JRC 67699 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5023 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
3+20 ILCS 2630/5.2735 ILCS 5/9-121 20 ILCS 2630/5.2 735 ILCS 5/9-121
4+20 ILCS 2630/5.2
5+735 ILCS 5/9-121
6+Amends the Code of Civil Procedure. Provides that in the Eviction Article the term "impounded" has the meaning ascribed to the term in the Court Record and Document Accessibility Act. In that Article, replaces the term "seal" with "impound". Amends the Criminal Identification Act to make conforming changes.
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312 1 AN ACT concerning civil law.
413 2 Be it enacted by the People of the State of Illinois,
514 3 represented in the General Assembly:
615 4 Section 5. The Criminal Identification Act is amended by
716 5 changing Section 5.2 as follows:
817 6 (20 ILCS 2630/5.2)
918 7 Sec. 5.2. Expungement, sealing, and immediate sealing.
1019 8 (a) General Provisions.
1120 9 (1) Definitions. In this Act, words and phrases have
1221 10 the meanings set forth in this subsection, except when a
1322 11 particular context clearly requires a different meaning.
1423 12 (A) The following terms shall have the meanings
1524 13 ascribed to them in the following Sections of the
1625 14 Unified Code of Corrections:
1726 15 Business Offense, Section 5-1-2.
1827 16 Charge, Section 5-1-3.
1928 17 Court, Section 5-1-6.
2029 18 Defendant, Section 5-1-7.
2130 19 Felony, Section 5-1-9.
2231 20 Imprisonment, Section 5-1-10.
2332 21 Judgment, Section 5-1-12.
2433 22 Misdemeanor, Section 5-1-14.
2534 23 Offense, Section 5-1-15.
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38+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5023 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
39+20 ILCS 2630/5.2735 ILCS 5/9-121 20 ILCS 2630/5.2 735 ILCS 5/9-121
40+20 ILCS 2630/5.2
41+735 ILCS 5/9-121
42+Amends the Code of Civil Procedure. Provides that in the Eviction Article the term "impounded" has the meaning ascribed to the term in the Court Record and Document Accessibility Act. In that Article, replaces the term "seal" with "impound". Amends the Criminal Identification Act to make conforming changes.
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3471 1 Parole, Section 5-1-16.
3572 2 Petty Offense, Section 5-1-17.
3673 3 Probation, Section 5-1-18.
3774 4 Sentence, Section 5-1-19.
3875 5 Supervision, Section 5-1-21.
3976 6 Victim, Section 5-1-22.
4077 7 (B) As used in this Section, "charge not initiated
4178 8 by arrest" means a charge (as defined by Section 5-1-3
4279 9 of the Unified Code of Corrections) brought against a
4380 10 defendant where the defendant is not arrested prior to
4481 11 or as a direct result of the charge.
4582 12 (C) "Conviction" means a judgment of conviction or
4683 13 sentence entered upon a plea of guilty or upon a
4784 14 verdict or finding of guilty of an offense, rendered
4885 15 by a legally constituted jury or by a court of
4986 16 competent jurisdiction authorized to try the case
5087 17 without a jury. An order of supervision successfully
5188 18 completed by the petitioner is not a conviction. An
5289 19 order of qualified probation (as defined in subsection
5390 20 (a)(1)(J)) successfully completed by the petitioner is
5491 21 not a conviction. An order of supervision or an order
5592 22 of qualified probation that is terminated
5693 23 unsatisfactorily is a conviction, unless the
5794 24 unsatisfactory termination is reversed, vacated, or
5895 25 modified and the judgment of conviction, if any, is
5996 26 reversed or vacated.
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70107 1 (D) "Criminal offense" means a petty offense,
71108 2 business offense, misdemeanor, felony, or municipal
72109 3 ordinance violation (as defined in subsection
73110 4 (a)(1)(H)). As used in this Section, a minor traffic
74111 5 offense (as defined in subsection (a)(1)(G)) shall not
75112 6 be considered a criminal offense.
76-7 (E) "Expunge": means to physically destroy the
113+7 (E) "Expunge" means to physically destroy the
77114 8 records or return them to the petitioner and to
78115 9 obliterate the petitioner's name from any official
79116 10 index or public record, or both. Nothing in this Act
80117 11 shall require the physical destruction of the circuit
81118 12 court file, but such records relating to arrests or
82119 13 charges, or both, ordered expunged shall be impounded
83120 14 as required by subsections (d)(9)(A)(ii) and
84121 15 (d)(9)(B)(ii).
85-16 (i) has the same meaning as in paragraph (5)
86-17 of subsection (b) of Section 5 of the Court Record
87-18 and Document Accessibility Act for circuit court
88-19 clerks. Nothing in this Act or the Court Record
89-20 and Document Accessibility Act shall require the
90-21 physical destruction of the circuit court clerk
91-22 file. The petitioner's name shall be obliterated
92-23 from the official index required to be kept by the
93-24 circuit court clerk under Section 16 of the Clerks
94-25 of Courts Act, but the order shall not affect any
95-26 index issued by the circuit court clerk before the
122+16 (E-5) As used in this Section, "impounded" has the
123+17 same meaning as in paragraph (2) of subsection (b) of
124+18 Section 5 of the Court Record and Document
125+19 Accessibility Act.
126+20 (F) As used in this Section, "last sentence" means
127+21 the sentence, order of supervision, or order of
128+22 qualified probation (as defined by subsection
129+23 (a)(1)(J)), for a criminal offense (as defined by
130+24 subsection (a)(1)(D)) that terminates last in time in
131+25 any jurisdiction, regardless of whether the petitioner
132+26 has included the criminal offense for which the
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106-1 entry of the order to expunge; or
107-2 (ii) means to physically destroy the records
108-3 or return them to the petitioner and to obliterate
109-4 the petitioner's name from any official index or
110-5 public record, or both for the arresting agency,
111-6 the Illinois State Police, and any other agency as
112-7 so ordered by the court not covered in subsection
113-8 (a)(1)(E)(i).
114-9 (F) As used in this Section, "last sentence" means
115-10 the sentence, order of supervision, or order of
116-11 qualified probation (as defined by subsection
117-12 (a)(1)(J)), for a criminal offense (as defined by
118-13 subsection (a)(1)(D)) that terminates last in time in
119-14 any jurisdiction, regardless of whether the petitioner
120-15 has included the criminal offense for which the
121-16 sentence or order of supervision or qualified
122-17 probation was imposed in his or her petition. If
123-18 multiple sentences, orders of supervision, or orders
124-19 of qualified probation terminate on the same day and
125-20 are last in time, they shall be collectively
126-21 considered the "last sentence" regardless of whether
127-22 they were ordered to run concurrently.
128-23 (G) "Minor traffic offense" means a petty offense,
129-24 business offense, or Class C misdemeanor under the
130-25 Illinois Vehicle Code or a similar provision of a
131-26 municipal or local ordinance.
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143+1 sentence or order of supervision or qualified
144+2 probation was imposed in his or her petition. If
145+3 multiple sentences, orders of supervision, or orders
146+4 of qualified probation terminate on the same day and
147+5 are last in time, they shall be collectively
148+6 considered the "last sentence" regardless of whether
149+7 they were ordered to run concurrently.
150+8 (G) "Minor traffic offense" means a petty offense,
151+9 business offense, or Class C misdemeanor under the
152+10 Illinois Vehicle Code or a similar provision of a
153+11 municipal or local ordinance.
154+12 (G-5) "Minor Cannabis Offense" means a violation
155+13 of Section 4 or 5 of the Cannabis Control Act
156+14 concerning not more than 30 grams of any substance
157+15 containing cannabis, provided the violation did not
158+16 include a penalty enhancement under Section 7 of the
159+17 Cannabis Control Act and is not associated with an
160+18 arrest, conviction or other disposition for a violent
161+19 crime as defined in subsection (c) of Section 3 of the
162+20 Rights of Crime Victims and Witnesses Act.
163+21 (H) "Municipal ordinance violation" means an
164+22 offense defined by a municipal or local ordinance that
165+23 is criminal in nature and with which the petitioner
166+24 was charged or for which the petitioner was arrested
167+25 and released without charging.
168+26 (I) "Petitioner" means an adult or a minor
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142-1 (G-5) "Minor Cannabis Offense" means a violation
143-2 of Section 4 or 5 of the Cannabis Control Act
144-3 concerning not more than 30 grams of any substance
145-4 containing cannabis, provided the violation did not
146-5 include a penalty enhancement under Section 7 of the
147-6 Cannabis Control Act and is not associated with an
148-7 arrest, conviction or other disposition for a violent
149-8 crime as defined in subsection (c) of Section 3 of the
150-9 Rights of Crime Victims and Witnesses Act.
151-10 (H) "Municipal ordinance violation" means an
152-11 offense defined by a municipal or local ordinance that
153-12 is criminal in nature and with which the petitioner
154-13 was charged or for which the petitioner was arrested
155-14 and released without charging.
156-15 (I) "Petitioner" means an adult or a minor
157-16 prosecuted as an adult who has applied for relief
158-17 under this Section.
159-18 (J) "Qualified probation" means an order of
160-19 probation under Section 10 of the Cannabis Control
161-20 Act, Section 410 of the Illinois Controlled Substances
162-21 Act, Section 70 of the Methamphetamine Control and
163-22 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
164-23 of the Unified Code of Corrections, Section
165-24 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
166-25 those provisions existed before their deletion by
167-26 Public Act 89-313), Section 10-102 of the Illinois
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179+1 prosecuted as an adult who has applied for relief
180+2 under this Section.
181+3 (J) "Qualified probation" means an order of
182+4 probation under Section 10 of the Cannabis Control
183+5 Act, Section 410 of the Illinois Controlled Substances
184+6 Act, Section 70 of the Methamphetamine Control and
185+7 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
186+8 of the Unified Code of Corrections, Section
187+9 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
188+10 those provisions existed before their deletion by
189+11 Public Act 89-313), Section 10-102 of the Illinois
190+12 Alcoholism and Other Drug Dependency Act, Section
191+13 40-10 of the Substance Use Disorder Act, or Section 10
192+14 of the Steroid Control Act. For the purpose of this
193+15 Section, "successful completion" of an order of
194+16 qualified probation under Section 10-102 of the
195+17 Illinois Alcoholism and Other Drug Dependency Act and
196+18 Section 40-10 of the Substance Use Disorder Act means
197+19 that the probation was terminated satisfactorily and
198+20 the judgment of conviction was vacated.
199+21 (K) "Seal" means to physically and electronically
200+22 maintain the records, unless the records would
201+23 otherwise be destroyed due to age, but to make the
202+24 records unavailable without a court order, subject to
203+25 the exceptions in Sections 12 and 13 of this Act. The
204+26 petitioner's name shall also be obliterated from the
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178-1 Alcoholism and Other Drug Dependency Act, Section
179-2 40-10 of the Substance Use Disorder Act, or Section 10
180-3 of the Steroid Control Act. For the purpose of this
181-4 Section, "successful completion" of an order of
182-5 qualified probation under Section 10-102 of the
183-6 Illinois Alcoholism and Other Drug Dependency Act and
184-7 Section 40-10 of the Substance Use Disorder Act means
185-8 that the probation was terminated satisfactorily and
186-9 the judgment of conviction was vacated.
187-10 (K) "Seal": means to physically and electronically
188-11 maintain the records, unless the records would
189-12 otherwise be destroyed due to age, but to make the
190-13 records unavailable without a court order, subject to
191-14 the exceptions in Sections 12 and 13 of this Act. The
192-15 petitioner's name shall also be obliterated from the
193-16 official index required to be kept by the circuit
194-17 court clerk under Section 16 of the Clerks of Courts
195-18 Act, but any index issued by the circuit court clerk
196-19 before the entry of the order to seal shall not be
197-20 affected.
198-21 (i) has the same meaning as in paragraph (4)
199-22 of subsection (b) of Section 5 of the Court Record
200-23 and Document Accessibility Act for circuit court
201-24 clerks. The petitioner's name shall also be
202-25 obliterated from the official index required to be
203-26 kept by the circuit court clerk under Section 16
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215+1 official index required to be kept by the circuit
216+2 court clerk under Section 16 of the Clerks of Courts
217+3 Act, but any index issued by the circuit court clerk
218+4 before the entry of the order to seal shall not be
219+5 affected.
220+6 (L) "Sexual offense committed against a minor"
221+7 includes, but is not limited to, the offenses of
222+8 indecent solicitation of a child or criminal sexual
223+9 abuse when the victim of such offense is under 18 years
224+10 of age.
225+11 (M) "Terminate" as it relates to a sentence or
226+12 order of supervision or qualified probation includes
227+13 either satisfactory or unsatisfactory termination of
228+14 the sentence, unless otherwise specified in this
229+15 Section. A sentence is terminated notwithstanding any
230+16 outstanding financial legal obligation.
231+17 (2) Minor Traffic Offenses. Orders of supervision or
232+18 convictions for minor traffic offenses shall not affect a
233+19 petitioner's eligibility to expunge or seal records
234+20 pursuant to this Section.
235+21 (2.5) Commencing 180 days after July 29, 2016 (the
236+22 effective date of Public Act 99-697), the law enforcement
237+23 agency issuing the citation shall automatically expunge,
238+24 on or before January 1 and July 1 of each year, the law
239+25 enforcement records of a person found to have committed a
240+26 civil law violation of subsection (a) of Section 4 of the
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214-1 of the Clerks of Courts Act, but any index issued
215-2 by the circuit court clerk before the entry of the
216-3 order to seal shall not be affected; or
217-4 (ii) means to physically and electronically
218-5 maintain the records, for the arresting agency,
219-6 the Illinois State Police, and any other agency as
220-7 so ordered by the court not covered in subsection
221-8 (a)(1)(K)(i), unless the records would otherwise
222-9 be destroyed due to age, but to make the records
223-10 unavailable without a court order, subject to the
224-11 exceptions in Sections 12 and 13.
225-12 (L) "Sexual offense committed against a minor"
226-13 includes, but is not limited to, the offenses of
227-14 indecent solicitation of a child or criminal sexual
228-15 abuse when the victim of such offense is under 18 years
229-16 of age.
230-17 (M) "Terminate" as it relates to a sentence or
231-18 order of supervision or qualified probation includes
232-19 either satisfactory or unsatisfactory termination of
233-20 the sentence, unless otherwise specified in this
234-21 Section. A sentence is terminated notwithstanding any
235-22 outstanding financial legal obligation.
236-23 (2) Minor Traffic Offenses. Orders of supervision or
237-24 convictions for minor traffic offenses shall not affect a
238-25 petitioner's eligibility to expunge or seal records
239-26 pursuant to this Section.
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251+1 Cannabis Control Act or subsection (c) of Section 3.5 of
252+2 the Drug Paraphernalia Control Act in the law enforcement
253+3 agency's possession or control and which contains the
254+4 final satisfactory disposition which pertain to the person
255+5 issued a citation for that offense. The law enforcement
256+6 agency shall provide by rule the process for access,
257+7 review, and to confirm the automatic expungement by the
258+8 law enforcement agency issuing the citation. Commencing
259+9 180 days after July 29, 2016 (the effective date of Public
260+10 Act 99-697), the clerk of the circuit court shall expunge,
261+11 upon order of the court, or in the absence of a court order
262+12 on or before January 1 and July 1 of each year, the court
263+13 records of a person found in the circuit court to have
264+14 committed a civil law violation of subsection (a) of
265+15 Section 4 of the Cannabis Control Act or subsection (c) of
266+16 Section 3.5 of the Drug Paraphernalia Control Act in the
267+17 clerk's possession or control and which contains the final
268+18 satisfactory disposition which pertain to the person
269+19 issued a citation for any of those offenses.
270+20 (3) Exclusions. Except as otherwise provided in
271+21 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
272+22 of this Section, the court shall not order:
273+23 (A) the sealing or expungement of the records of
274+24 arrests or charges not initiated by arrest that result
275+25 in an order of supervision for or conviction of: (i)
276+26 any sexual offense committed against a minor; (ii)
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250-1 (2.5) Commencing 180 days after July 29, 2016 (the
251-2 effective date of Public Act 99-697), the law enforcement
252-3 agency issuing the citation shall automatically expunge,
253-4 on or before January 1 and July 1 of each year, the law
254-5 enforcement records of a person found to have committed a
255-6 civil law violation of subsection (a) of Section 4 of the
256-7 Cannabis Control Act or subsection (c) of Section 3.5 of
257-8 the Drug Paraphernalia Control Act in the law enforcement
258-9 agency's possession or control and which contains the
259-10 final satisfactory disposition which pertain to the person
260-11 issued a citation for that offense. The law enforcement
261-12 agency shall provide by rule the process for access,
262-13 review, and to confirm the automatic expungement by the
263-14 law enforcement agency issuing the citation. Commencing
264-15 180 days after July 29, 2016 (the effective date of Public
265-16 Act 99-697), the clerk of the circuit court shall expunge,
266-17 upon order of the court, or in the absence of a court order
267-18 on or before January 1 and July 1 of each year, the court
268-19 records of a person found in the circuit court to have
269-20 committed a civil law violation of subsection (a) of
270-21 Section 4 of the Cannabis Control Act or subsection (c) of
271-22 Section 3.5 of the Drug Paraphernalia Control Act in the
272-23 clerk's possession or control and which contains the final
273-24 satisfactory disposition which pertain to the person
274-25 issued a citation for any of those offenses.
275-26 (3) Exclusions. Except as otherwise provided in
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287+1 Section 11-501 of the Illinois Vehicle Code or a
288+2 similar provision of a local ordinance; or (iii)
289+3 Section 11-503 of the Illinois Vehicle Code or a
290+4 similar provision of a local ordinance, unless the
291+5 arrest or charge is for a misdemeanor violation of
292+6 subsection (a) of Section 11-503 or a similar
293+7 provision of a local ordinance, that occurred prior to
294+8 the offender reaching the age of 25 years and the
295+9 offender has no other conviction for violating Section
296+10 11-501 or 11-503 of the Illinois Vehicle Code or a
297+11 similar provision of a local ordinance.
298+12 (B) the sealing or expungement of records of minor
299+13 traffic offenses (as defined in subsection (a)(1)(G)),
300+14 unless the petitioner was arrested and released
301+15 without charging.
302+16 (C) the sealing of the records of arrests or
303+17 charges not initiated by arrest which result in an
304+18 order of supervision or a conviction for the following
305+19 offenses:
306+20 (i) offenses included in Article 11 of the
307+21 Criminal Code of 1961 or the Criminal Code of 2012
308+22 or a similar provision of a local ordinance,
309+23 except Section 11-14 and a misdemeanor violation
310+24 of Section 11-30 of the Criminal Code of 1961 or
311+25 the Criminal Code of 2012, or a similar provision
312+26 of a local ordinance;
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286-1 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
287-2 of this Section, the court shall not order:
288-3 (A) the sealing or expungement of the records of
289-4 arrests or charges not initiated by arrest that result
290-5 in an order of supervision for or conviction of: (i)
291-6 any sexual offense committed against a minor; (ii)
292-7 Section 11-501 of the Illinois Vehicle Code or a
293-8 similar provision of a local ordinance; or (iii)
294-9 Section 11-503 of the Illinois Vehicle Code or a
295-10 similar provision of a local ordinance, unless the
296-11 arrest or charge is for a misdemeanor violation of
297-12 subsection (a) of Section 11-503 or a similar
298-13 provision of a local ordinance, that occurred prior to
299-14 the offender reaching the age of 25 years and the
300-15 offender has no other conviction for violating Section
301-16 11-501 or 11-503 of the Illinois Vehicle Code or a
302-17 similar provision of a local ordinance.
303-18 (B) the sealing or expungement of records of minor
304-19 traffic offenses (as defined in subsection (a)(1)(G)),
305-20 unless the petitioner was arrested and released
306-21 without charging.
307-22 (C) the sealing of the records of arrests or
308-23 charges not initiated by arrest which result in an
309-24 order of supervision or a conviction for the following
310-25 offenses:
311-26 (i) offenses included in Article 11 of the
321+HB5023- 9 -LRB103 37573 JRC 67699 b HB5023 - 9 - LRB103 37573 JRC 67699 b
322+ HB5023 - 9 - LRB103 37573 JRC 67699 b
323+1 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
324+2 26-5, or 48-1 of the Criminal Code of 1961 or the
325+3 Criminal Code of 2012, or a similar provision of a
326+4 local ordinance;
327+5 (iii) Section 12-3.1 or 12-3.2 of the Criminal
328+6 Code of 1961 or the Criminal Code of 2012, or
329+7 Section 125 of the Stalking No Contact Order Act,
330+8 or Section 219 of the Civil No Contact Order Act,
331+9 or a similar provision of a local ordinance;
332+10 (iv) Class A misdemeanors or felony offenses
333+11 under the Humane Care for Animals Act; or
334+12 (v) any offense or attempted offense that
335+13 would subject a person to registration under the
336+14 Sex Offender Registration Act.
337+15 (D) (blank).
338+16 (b) Expungement.
339+17 (1) A petitioner may petition the circuit court to
340+18 expunge the records of his or her arrests and charges not
341+19 initiated by arrest when each arrest or charge not
342+20 initiated by arrest sought to be expunged resulted in: (i)
343+21 acquittal, dismissal, or the petitioner's release without
344+22 charging, unless excluded by subsection (a)(3)(B); (ii) a
345+23 conviction which was vacated or reversed, unless excluded
346+24 by subsection (a)(3)(B); (iii) an order of supervision and
347+25 such supervision was successfully completed by the
348+26 petitioner, unless excluded by subsection (a)(3)(A) or
312349
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316353
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354+ HB5023 - 9 - LRB103 37573 JRC 67699 b
318355
319356
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321- HB5023 Engrossed - 10 - LRB103 37573 JRC 67699 b
322-1 Criminal Code of 1961 or the Criminal Code of 2012
323-2 or a similar provision of a local ordinance,
324-3 except Section 11-14 and a misdemeanor violation
325-4 of Section 11-30 of the Criminal Code of 1961 or
326-5 the Criminal Code of 2012, or a similar provision
327-6 of a local ordinance;
328-7 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
329-8 26-5, or 48-1 of the Criminal Code of 1961 or the
330-9 Criminal Code of 2012, or a similar provision of a
331-10 local ordinance;
332-11 (iii) Section 12-3.1 or 12-3.2 of the Criminal
333-12 Code of 1961 or the Criminal Code of 2012, or
334-13 Section 125 of the Stalking No Contact Order Act,
335-14 or Section 219 of the Civil No Contact Order Act,
336-15 or a similar provision of a local ordinance;
337-16 (iv) Class A misdemeanors or felony offenses
338-17 under the Humane Care for Animals Act; or
339-18 (v) any offense or attempted offense that
340-19 would subject a person to registration under the
341-20 Sex Offender Registration Act.
342-21 (D) (blank).
343-22 (b) Expungement.
344-23 (1) A petitioner may petition the circuit court to
345-24 expunge the records of his or her arrests and charges not
346-25 initiated by arrest when each arrest or charge not
347-26 initiated by arrest sought to be expunged resulted in: (i)
357+HB5023- 10 -LRB103 37573 JRC 67699 b HB5023 - 10 - LRB103 37573 JRC 67699 b
358+ HB5023 - 10 - LRB103 37573 JRC 67699 b
359+1 (a)(3)(B); or (iv) an order of qualified probation (as
360+2 defined in subsection (a)(1)(J)) and such probation was
361+3 successfully completed by the petitioner.
362+4 (1.5) When a petitioner seeks to have a record of
363+5 arrest expunged under this Section, and the offender has
364+6 been convicted of a criminal offense, the State's Attorney
365+7 may object to the expungement on the grounds that the
366+8 records contain specific relevant information aside from
367+9 the mere fact of the arrest.
368+10 (2) Time frame for filing a petition to expunge.
369+11 (A) When the arrest or charge not initiated by
370+12 arrest sought to be expunged resulted in an acquittal,
371+13 dismissal, the petitioner's release without charging,
372+14 or the reversal or vacation of a conviction, there is
373+15 no waiting period to petition for the expungement of
374+16 such records.
375+17 (B) When the arrest or charge not initiated by
376+18 arrest sought to be expunged resulted in an order of
377+19 supervision, successfully completed by the petitioner,
378+20 the following time frames will apply:
379+21 (i) Those arrests or charges that resulted in
380+22 orders of supervision under Section 3-707, 3-708,
381+23 3-710, or 5-401.3 of the Illinois Vehicle Code or
382+24 a similar provision of a local ordinance, or under
383+25 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
384+26 Code of 1961 or the Criminal Code of 2012, or a
348385
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354391
355392
356-HB5023 Engrossed- 11 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 11 - LRB103 37573 JRC 67699 b
357- HB5023 Engrossed - 11 - LRB103 37573 JRC 67699 b
358-1 acquittal, dismissal, or the petitioner's release without
359-2 charging, unless excluded by subsection (a)(3)(B); (ii) a
360-3 conviction which was vacated or reversed, unless excluded
361-4 by subsection (a)(3)(B); (iii) an order of supervision and
362-5 such supervision was successfully completed by the
363-6 petitioner, unless excluded by subsection (a)(3)(A) or
364-7 (a)(3)(B); or (iv) an order of qualified probation (as
365-8 defined in subsection (a)(1)(J)) and such probation was
366-9 successfully completed by the petitioner.
367-10 (1.5) When a petitioner seeks to have a record of
368-11 arrest expunged under this Section, and the offender has
369-12 been convicted of a criminal offense, the State's Attorney
370-13 may object to the expungement on the grounds that the
371-14 records contain specific relevant information aside from
372-15 the mere fact of the arrest.
373-16 (2) Time frame for filing a petition to expunge.
374-17 (A) When the arrest or charge not initiated by
375-18 arrest sought to be expunged resulted in an acquittal,
376-19 dismissal, the petitioner's release without charging,
377-20 or the reversal or vacation of a conviction, there is
378-21 no waiting period to petition for the expungement of
379-22 such records.
380-23 (B) When the arrest or charge not initiated by
381-24 arrest sought to be expunged resulted in an order of
382-25 supervision, successfully completed by the petitioner,
383-26 the following time frames will apply:
393+HB5023- 11 -LRB103 37573 JRC 67699 b HB5023 - 11 - LRB103 37573 JRC 67699 b
394+ HB5023 - 11 - LRB103 37573 JRC 67699 b
395+1 similar provision of a local ordinance, shall not
396+2 be eligible for expungement until 5 years have
397+3 passed following the satisfactory termination of
398+4 the supervision.
399+5 (i-5) Those arrests or charges that resulted
400+6 in orders of supervision for a misdemeanor
401+7 violation of subsection (a) of Section 11-503 of
402+8 the Illinois Vehicle Code or a similar provision
403+9 of a local ordinance, that occurred prior to the
404+10 offender reaching the age of 25 years and the
405+11 offender has no other conviction for violating
406+12 Section 11-501 or 11-503 of the Illinois Vehicle
407+13 Code or a similar provision of a local ordinance
408+14 shall not be eligible for expungement until the
409+15 petitioner has reached the age of 25 years.
410+16 (ii) Those arrests or charges that resulted in
411+17 orders of supervision for any other offenses shall
412+18 not be eligible for expungement until 2 years have
413+19 passed following the satisfactory termination of
414+20 the supervision.
415+21 (C) When the arrest or charge not initiated by
416+22 arrest sought to be expunged resulted in an order of
417+23 qualified probation, successfully completed by the
418+24 petitioner, such records shall not be eligible for
419+25 expungement until 5 years have passed following the
420+26 satisfactory termination of the probation.
384421
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426+ HB5023 - 11 - LRB103 37573 JRC 67699 b
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393- HB5023 Engrossed - 12 - LRB103 37573 JRC 67699 b
394-1 (i) Those arrests or charges that resulted in
395-2 orders of supervision under Section 3-707, 3-708,
396-3 3-710, or 5-401.3 of the Illinois Vehicle Code or
397-4 a similar provision of a local ordinance, or under
398-5 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
399-6 Code of 1961 or the Criminal Code of 2012, or a
400-7 similar provision of a local ordinance, shall not
401-8 be eligible for expungement until 5 years have
402-9 passed following the satisfactory termination of
403-10 the supervision.
404-11 (i-5) Those arrests or charges that resulted
405-12 in orders of supervision for a misdemeanor
406-13 violation of subsection (a) of Section 11-503 of
407-14 the Illinois Vehicle Code or a similar provision
408-15 of a local ordinance, that occurred prior to the
409-16 offender reaching the age of 25 years and the
410-17 offender has no other conviction for violating
411-18 Section 11-501 or 11-503 of the Illinois Vehicle
412-19 Code or a similar provision of a local ordinance
413-20 shall not be eligible for expungement until the
414-21 petitioner has reached the age of 25 years.
415-22 (ii) Those arrests or charges that resulted in
416-23 orders of supervision for any other offenses shall
417-24 not be eligible for expungement until 2 years have
418-25 passed following the satisfactory termination of
419-26 the supervision.
429+HB5023- 12 -LRB103 37573 JRC 67699 b HB5023 - 12 - LRB103 37573 JRC 67699 b
430+ HB5023 - 12 - LRB103 37573 JRC 67699 b
431+1 (3) Those records maintained by the Illinois State
432+2 Police for persons arrested prior to their 17th birthday
433+3 shall be expunged as provided in Section 5-915 of the
434+4 Juvenile Court Act of 1987.
435+5 (4) Whenever a person has been arrested for or
436+6 convicted of any offense, in the name of a person whose
437+7 identity he or she has stolen or otherwise come into
438+8 possession of, the aggrieved person from whom the identity
439+9 was stolen or otherwise obtained without authorization,
440+10 upon learning of the person having been arrested using his
441+11 or her identity, may, upon verified petition to the chief
442+12 judge of the circuit wherein the arrest was made, have a
443+13 court order entered nunc pro tunc by the Chief Judge to
444+14 correct the arrest record, conviction record, if any, and
445+15 all official records of the arresting authority, the
446+16 Illinois State Police, other criminal justice agencies,
447+17 the prosecutor, and the trial court concerning such
448+18 arrest, if any, by removing his or her name from all such
449+19 records in connection with the arrest and conviction, if
450+20 any, and by inserting in the records the name of the
451+21 offender, if known or ascertainable, in lieu of the
452+22 aggrieved's name. The records of the circuit court clerk
453+23 shall be impounded sealed until further order of the court
454+24 upon good cause shown and the name of the aggrieved person
455+25 obliterated on the official index required to be kept by
456+26 the circuit court clerk under Section 16 of the Clerks of
420457
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462+ HB5023 - 12 - LRB103 37573 JRC 67699 b
426463
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428-HB5023 Engrossed- 13 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 13 - LRB103 37573 JRC 67699 b
429- HB5023 Engrossed - 13 - LRB103 37573 JRC 67699 b
430-1 (C) When the arrest or charge not initiated by
431-2 arrest sought to be expunged resulted in an order of
432-3 qualified probation, successfully completed by the
433-4 petitioner, such records shall not be eligible for
434-5 expungement until 5 years have passed following the
435-6 satisfactory termination of the probation.
436-7 (3) Those records maintained by the Illinois State
437-8 Police for persons arrested prior to their 17th birthday
438-9 shall be expunged as provided in Section 5-915 of the
439-10 Juvenile Court Act of 1987.
440-11 (4) Whenever a person has been arrested for or
441-12 convicted of any offense, in the name of a person whose
442-13 identity he or she has stolen or otherwise come into
443-14 possession of, the aggrieved person from whom the identity
444-15 was stolen or otherwise obtained without authorization,
445-16 upon learning of the person having been arrested using his
446-17 or her identity, may, upon verified petition to the chief
447-18 judge of the circuit wherein the arrest was made, have a
448-19 court order entered nunc pro tunc by the Chief Judge to
449-20 correct the arrest record, conviction record, if any, and
450-21 all official records of the arresting authority, the
451-22 Illinois State Police, other criminal justice agencies,
452-23 the prosecutor, and the trial court concerning such
453-24 arrest, if any, by removing his or her name from all such
454-25 records in connection with the arrest and conviction, if
455-26 any, and by inserting in the records the name of the
465+HB5023- 13 -LRB103 37573 JRC 67699 b HB5023 - 13 - LRB103 37573 JRC 67699 b
466+ HB5023 - 13 - LRB103 37573 JRC 67699 b
467+1 Courts Act, but the order shall not affect any index
468+2 issued by the circuit court clerk before the entry of the
469+3 order. Nothing in this Section shall limit the Illinois
470+4 State Police or other criminal justice agencies or
471+5 prosecutors from listing under an offender's name the
472+6 false names he or she has used.
473+7 (5) Whenever a person has been convicted of criminal
474+8 sexual assault, aggravated criminal sexual assault,
475+9 predatory criminal sexual assault of a child, criminal
476+10 sexual abuse, or aggravated criminal sexual abuse, the
477+11 victim of that offense may request that the State's
478+12 Attorney of the county in which the conviction occurred
479+13 file a verified petition with the presiding trial judge at
480+14 the petitioner's trial to have a court order entered to
481+15 impound seal the records of the circuit court clerk in
482+16 connection with the proceedings of the trial court
483+17 concerning that offense. However, the records of the
484+18 arresting authority and the Illinois State Police
485+19 concerning the offense shall not be sealed. The court,
486+20 upon good cause shown, shall make the records of the
487+21 circuit court clerk in connection with the proceedings of
488+22 the trial court concerning the offense available for
489+23 public inspection.
490+24 (6) If a conviction has been set aside on direct
491+25 review or on collateral attack and the court determines by
492+26 clear and convincing evidence that the petitioner was
456493
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458495
459496
460497
461- HB5023 Engrossed - 13 - LRB103 37573 JRC 67699 b
498+ HB5023 - 13 - LRB103 37573 JRC 67699 b
462499
463500
464-HB5023 Engrossed- 14 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 14 - LRB103 37573 JRC 67699 b
465- HB5023 Engrossed - 14 - LRB103 37573 JRC 67699 b
466-1 offender, if known or ascertainable, in lieu of the
467-2 aggrieved's name. The records of the circuit court clerk
468-3 shall be sealed until further order of the court upon good
469-4 cause shown and the name of the aggrieved person
470-5 obliterated on the official index required to be kept by
471-6 the circuit court clerk under Section 16 of the Clerks of
472-7 Courts Act, but the order shall not affect any index
473-8 issued by the circuit court clerk before the entry of the
474-9 order. Nothing in this Section shall limit the Illinois
475-10 State Police or other criminal justice agencies or
476-11 prosecutors from listing under an offender's name the
477-12 false names he or she has used.
478-13 (5) Whenever a person has been convicted of criminal
479-14 sexual assault, aggravated criminal sexual assault,
480-15 predatory criminal sexual assault of a child, criminal
481-16 sexual abuse, or aggravated criminal sexual abuse, the
482-17 victim of that offense may request that the State's
483-18 Attorney of the county in which the conviction occurred
484-19 file a verified petition with the presiding trial judge at
485-20 the petitioner's trial to have a court order entered to
486-21 seal the records of the circuit court clerk in connection
487-22 with the proceedings of the trial court concerning that
488-23 offense. However, the records of the arresting authority
489-24 and the Illinois State Police concerning the offense shall
490-25 not be sealed. The court, upon good cause shown, shall
491-26 make the records of the circuit court clerk in connection
501+HB5023- 14 -LRB103 37573 JRC 67699 b HB5023 - 14 - LRB103 37573 JRC 67699 b
502+ HB5023 - 14 - LRB103 37573 JRC 67699 b
503+1 factually innocent of the charge, the court that finds the
504+2 petitioner factually innocent of the charge shall enter an
505+3 expungement order for the conviction for which the
506+4 petitioner has been determined to be innocent as provided
507+5 in subsection (b) of Section 5-5-4 of the Unified Code of
508+6 Corrections.
509+7 (7) Nothing in this Section shall prevent the Illinois
510+8 State Police from maintaining all records of any person
511+9 who is admitted to probation upon terms and conditions and
512+10 who fulfills those terms and conditions pursuant to
513+11 Section 10 of the Cannabis Control Act, Section 410 of the
514+12 Illinois Controlled Substances Act, Section 70 of the
515+13 Methamphetamine Control and Community Protection Act,
516+14 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
517+15 Corrections, Section 12-4.3 or subdivision (b)(1) of
518+16 Section 12-3.05 of the Criminal Code of 1961 or the
519+17 Criminal Code of 2012, Section 10-102 of the Illinois
520+18 Alcoholism and Other Drug Dependency Act, Section 40-10 of
521+19 the Substance Use Disorder Act, or Section 10 of the
522+20 Steroid Control Act.
523+21 (8) If the petitioner has been granted a certificate
524+22 of innocence under Section 2-702 of the Code of Civil
525+23 Procedure, the court that grants the certificate of
526+24 innocence shall also enter an order expunging the
527+25 conviction for which the petitioner has been determined to
528+26 be innocent as provided in subsection (h) of Section 2-702
492529
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494531
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497- HB5023 Engrossed - 14 - LRB103 37573 JRC 67699 b
534+ HB5023 - 14 - LRB103 37573 JRC 67699 b
498535
499536
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501- HB5023 Engrossed - 15 - LRB103 37573 JRC 67699 b
502-1 with the proceedings of the trial court concerning the
503-2 offense available for public inspection.
504-3 (6) If a conviction has been set aside on direct
505-4 review or on collateral attack and the court determines by
506-5 clear and convincing evidence that the petitioner was
507-6 factually innocent of the charge, the court that finds the
508-7 petitioner factually innocent of the charge shall enter an
509-8 expungement order for the conviction for which the
510-9 petitioner has been determined to be innocent as provided
511-10 in subsection (b) of Section 5-5-4 of the Unified Code of
512-11 Corrections.
513-12 (7) Nothing in this Section shall prevent the Illinois
514-13 State Police from maintaining all records of any person
515-14 who is admitted to probation upon terms and conditions and
516-15 who fulfills those terms and conditions pursuant to
517-16 Section 10 of the Cannabis Control Act, Section 410 of the
518-17 Illinois Controlled Substances Act, Section 70 of the
519-18 Methamphetamine Control and Community Protection Act,
520-19 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
521-20 Corrections, Section 12-4.3 or subdivision (b)(1) of
522-21 Section 12-3.05 of the Criminal Code of 1961 or the
523-22 Criminal Code of 2012, Section 10-102 of the Illinois
524-23 Alcoholism and Other Drug Dependency Act, Section 40-10 of
525-24 the Substance Use Disorder Act, or Section 10 of the
526-25 Steroid Control Act.
527-26 (8) If the petitioner has been granted a certificate
537+HB5023- 15 -LRB103 37573 JRC 67699 b HB5023 - 15 - LRB103 37573 JRC 67699 b
538+ HB5023 - 15 - LRB103 37573 JRC 67699 b
539+1 of the Code of Civil Procedure.
540+2 (c) Sealing.
541+3 (1) Applicability. Notwithstanding any other provision
542+4 of this Act to the contrary, and cumulative with any
543+5 rights to expungement of criminal records, this subsection
544+6 authorizes the sealing of criminal records of adults and
545+7 of minors prosecuted as adults. Subsection (g) of this
546+8 Section provides for immediate sealing of certain records.
547+9 (2) Eligible Records. The following records may be
548+10 sealed:
549+11 (A) All arrests resulting in release without
550+12 charging;
551+13 (B) Arrests or charges not initiated by arrest
552+14 resulting in acquittal, dismissal, or conviction when
553+15 the conviction was reversed or vacated, except as
554+16 excluded by subsection (a)(3)(B);
555+17 (C) Arrests or charges not initiated by arrest
556+18 resulting in orders of supervision, including orders
557+19 of supervision for municipal ordinance violations,
558+20 successfully completed by the petitioner, unless
559+21 excluded by subsection (a)(3);
560+22 (D) Arrests or charges not initiated by arrest
561+23 resulting in convictions, including convictions on
562+24 municipal ordinance violations, unless excluded by
563+25 subsection (a)(3);
564+26 (E) Arrests or charges not initiated by arrest
528565
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570+ HB5023 - 15 - LRB103 37573 JRC 67699 b
534571
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537- HB5023 Engrossed - 16 - LRB103 37573 JRC 67699 b
538-1 of innocence under Section 2-702 of the Code of Civil
539-2 Procedure, the court that grants the certificate of
540-3 innocence shall also enter an order expunging the
541-4 conviction for which the petitioner has been determined to
542-5 be innocent as provided in subsection (h) of Section 2-702
543-6 of the Code of Civil Procedure.
544-7 (c) Sealing.
545-8 (1) Applicability. Notwithstanding any other provision
546-9 of this Act to the contrary, and cumulative with any
547-10 rights to expungement of criminal records, this subsection
548-11 authorizes the sealing of criminal records of adults and
549-12 of minors prosecuted as adults. Subsection (g) of this
550-13 Section provides for immediate sealing of certain records.
551-14 (2) Eligible Records. The following records may be
552-15 sealed:
553-16 (A) All arrests resulting in release without
554-17 charging;
555-18 (B) Arrests or charges not initiated by arrest
556-19 resulting in acquittal, dismissal, or conviction when
557-20 the conviction was reversed or vacated, except as
558-21 excluded by subsection (a)(3)(B);
559-22 (C) Arrests or charges not initiated by arrest
560-23 resulting in orders of supervision, including orders
561-24 of supervision for municipal ordinance violations,
562-25 successfully completed by the petitioner, unless
563-26 excluded by subsection (a)(3);
573+HB5023- 16 -LRB103 37573 JRC 67699 b HB5023 - 16 - LRB103 37573 JRC 67699 b
574+ HB5023 - 16 - LRB103 37573 JRC 67699 b
575+1 resulting in orders of first offender probation under
576+2 Section 10 of the Cannabis Control Act, Section 410 of
577+3 the Illinois Controlled Substances Act, Section 70 of
578+4 the Methamphetamine Control and Community Protection
579+5 Act, or Section 5-6-3.3 of the Unified Code of
580+6 Corrections; and
581+7 (F) Arrests or charges not initiated by arrest
582+8 resulting in felony convictions unless otherwise
583+9 excluded by subsection (a) paragraph (3) of this
584+10 Section.
585+11 (3) When Records Are Eligible to Be Sealed. Records
586+12 identified as eligible under subsection (c)(2) may be
587+13 sealed as follows:
588+14 (A) Records identified as eligible under
589+15 subsections (c)(2)(A) and (c)(2)(B) may be sealed at
590+16 any time.
591+17 (B) Except as otherwise provided in subparagraph
592+18 (E) of this paragraph (3), records identified as
593+19 eligible under subsection (c)(2)(C) may be sealed 2
594+20 years after the termination of petitioner's last
595+21 sentence (as defined in subsection (a)(1)(F)).
596+22 (C) Except as otherwise provided in subparagraph
597+23 (E) of this paragraph (3), records identified as
598+24 eligible under subsections (c)(2)(D), (c)(2)(E), and
599+25 (c)(2)(F) may be sealed 3 years after the termination
600+26 of the petitioner's last sentence (as defined in
564601
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568605
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606+ HB5023 - 16 - LRB103 37573 JRC 67699 b
570607
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573- HB5023 Engrossed - 17 - LRB103 37573 JRC 67699 b
574-1 (D) Arrests or charges not initiated by arrest
575-2 resulting in convictions, including convictions on
576-3 municipal ordinance violations, unless excluded by
577-4 subsection (a)(3);
578-5 (E) Arrests or charges not initiated by arrest
579-6 resulting in orders of first offender probation under
580-7 Section 10 of the Cannabis Control Act, Section 410 of
581-8 the Illinois Controlled Substances Act, Section 70 of
582-9 the Methamphetamine Control and Community Protection
583-10 Act, or Section 5-6-3.3 of the Unified Code of
584-11 Corrections; and
585-12 (F) Arrests or charges not initiated by arrest
586-13 resulting in felony convictions unless otherwise
587-14 excluded by subsection (a) paragraph (3) of this
588-15 Section.
589-16 (3) When Records Are Eligible to Be Sealed. Records
590-17 identified as eligible under subsection (c)(2) may be
591-18 sealed as follows:
592-19 (A) Records identified as eligible under
593-20 subsections (c)(2)(A) and (c)(2)(B) may be sealed at
594-21 any time.
595-22 (B) Except as otherwise provided in subparagraph
596-23 (E) of this paragraph (3), records identified as
597-24 eligible under subsection (c)(2)(C) may be sealed 2
598-25 years after the termination of petitioner's last
599-26 sentence (as defined in subsection (a)(1)(F)).
609+HB5023- 17 -LRB103 37573 JRC 67699 b HB5023 - 17 - LRB103 37573 JRC 67699 b
610+ HB5023 - 17 - LRB103 37573 JRC 67699 b
611+1 subsection (a)(1)(F)). Convictions requiring public
612+2 registration under the Arsonist Registration Act, the
613+3 Sex Offender Registration Act, or the Murderer and
614+4 Violent Offender Against Youth Registration Act may
615+5 not be sealed until the petitioner is no longer
616+6 required to register under that relevant Act.
617+7 (D) Records identified in subsection
618+8 (a)(3)(A)(iii) may be sealed after the petitioner has
619+9 reached the age of 25 years.
620+10 (E) Records identified as eligible under
621+11 subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
622+12 (c)(2)(F) may be sealed upon termination of the
623+13 petitioner's last sentence if the petitioner earned a
624+14 high school diploma, associate's degree, career
625+15 certificate, vocational technical certification, or
626+16 bachelor's degree, or passed the high school level
627+17 Test of General Educational Development, during the
628+18 period of his or her sentence or mandatory supervised
629+19 release. This subparagraph shall apply only to a
630+20 petitioner who has not completed the same educational
631+21 goal prior to the period of his or her sentence or
632+22 mandatory supervised release. If a petition for
633+23 sealing eligible records filed under this subparagraph
634+24 is denied by the court, the time periods under
635+25 subparagraph (B) or (C) shall apply to any subsequent
636+26 petition for sealing filed by the petitioner.
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610-1 (C) Except as otherwise provided in subparagraph
611-2 (E) of this paragraph (3), records identified as
612-3 eligible under subsections (c)(2)(D), (c)(2)(E), and
613-4 (c)(2)(F) may be sealed 3 years after the termination
614-5 of the petitioner's last sentence (as defined in
615-6 subsection (a)(1)(F)). Convictions requiring public
616-7 registration under the Arsonist Registration Act, the
617-8 Sex Offender Registration Act, or the Murderer and
618-9 Violent Offender Against Youth Registration Act may
619-10 not be sealed until the petitioner is no longer
620-11 required to register under that relevant Act.
621-12 (D) Records identified in subsection
622-13 (a)(3)(A)(iii) may be sealed after the petitioner has
623-14 reached the age of 25 years.
624-15 (E) Records identified as eligible under
625-16 subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
626-17 (c)(2)(F) may be sealed upon termination of the
627-18 petitioner's last sentence if the petitioner earned a
628-19 high school diploma, associate's degree, career
629-20 certificate, vocational technical certification, or
630-21 bachelor's degree, or passed the high school level
631-22 Test of General Educational Development, during the
632-23 period of his or her sentence or mandatory supervised
633-24 release. This subparagraph shall apply only to a
634-25 petitioner who has not completed the same educational
635-26 goal prior to the period of his or her sentence or
645+HB5023- 18 -LRB103 37573 JRC 67699 b HB5023 - 18 - LRB103 37573 JRC 67699 b
646+ HB5023 - 18 - LRB103 37573 JRC 67699 b
647+1 (4) Subsequent felony convictions. A person may not
648+2 have subsequent felony conviction records sealed as
649+3 provided in this subsection (c) if he or she is convicted
650+4 of any felony offense after the date of the sealing of
651+5 prior felony convictions as provided in this subsection
652+6 (c). The court may, upon conviction for a subsequent
653+7 felony offense, order the unsealing of prior felony
654+8 conviction records previously ordered sealed by the court.
655+9 (5) Notice of eligibility for sealing. Upon entry of a
656+10 disposition for an eligible record under this subsection
657+11 (c), the petitioner shall be informed by the court of the
658+12 right to have the records sealed and the procedures for
659+13 the sealing of the records.
660+14 (d) Procedure. The following procedures apply to
661+15 expungement under subsections (b), (e), and (e-6) and sealing
662+16 under subsections (c) and (e-5):
663+17 (1) Filing the petition. Upon becoming eligible to
664+18 petition for the expungement or sealing of records under
665+19 this Section, the petitioner shall file a petition
666+20 requesting the expungement or sealing of records with the
667+21 clerk of the court where the arrests occurred or the
668+22 charges were brought, or both. If arrests occurred or
669+23 charges were brought in multiple jurisdictions, a petition
670+24 must be filed in each such jurisdiction. The petitioner
671+25 shall pay the applicable fee, except no fee shall be
672+26 required if the petitioner has obtained a court order
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645- HB5023 Engrossed - 19 - LRB103 37573 JRC 67699 b
646-1 mandatory supervised release. If a petition for
647-2 sealing eligible records filed under this subparagraph
648-3 is denied by the court, the time periods under
649-4 subparagraph (B) or (C) shall apply to any subsequent
650-5 petition for sealing filed by the petitioner.
651-6 (4) Subsequent felony convictions. A person may not
652-7 have subsequent felony conviction records sealed as
653-8 provided in this subsection (c) if he or she is convicted
654-9 of any felony offense after the date of the sealing of
655-10 prior felony convictions as provided in this subsection
656-11 (c). The court may, upon conviction for a subsequent
657-12 felony offense, order the unsealing of prior felony
658-13 conviction records previously ordered sealed by the court.
659-14 (5) Notice of eligibility for sealing. Upon entry of a
660-15 disposition for an eligible record under this subsection
661-16 (c), the petitioner shall be informed by the court of the
662-17 right to have the records sealed and the procedures for
663-18 the sealing of the records.
664-19 (d) Procedure. The following procedures apply to
665-20 expungement under subsections (b), (e), and (e-6) and sealing
666-21 under subsections (c) and (e-5):
667-22 (1) Filing the petition. Upon becoming eligible to
668-23 petition for the expungement or sealing of records under
669-24 this Section, the petitioner shall file a petition
670-25 requesting the expungement or sealing of records with the
671-26 clerk of the court where the arrests occurred or the
681+HB5023- 19 -LRB103 37573 JRC 67699 b HB5023 - 19 - LRB103 37573 JRC 67699 b
682+ HB5023 - 19 - LRB103 37573 JRC 67699 b
683+1 waiving fees under Supreme Court Rule 298 or it is
684+2 otherwise waived.
685+3 (1.5) County fee waiver pilot program. From August 9,
686+4 2019 (the effective date of Public Act 101-306) through
687+5 December 31, 2020, in a county of 3,000,000 or more
688+6 inhabitants, no fee shall be required to be paid by a
689+7 petitioner if the records sought to be expunged or sealed
690+8 were arrests resulting in release without charging or
691+9 arrests or charges not initiated by arrest resulting in
692+10 acquittal, dismissal, or conviction when the conviction
693+11 was reversed or vacated, unless excluded by subsection
694+12 (a)(3)(B). The provisions of this paragraph (1.5), other
695+13 than this sentence, are inoperative on and after January
696+14 1, 2022.
697+15 (2) Contents of petition. The petition shall be
698+16 verified and shall contain the petitioner's name, date of
699+17 birth, current address and, for each arrest or charge not
700+18 initiated by arrest sought to be sealed or expunged, the
701+19 case number, the date of arrest (if any), the identity of
702+20 the arresting authority, and such other information as the
703+21 court may require. During the pendency of the proceeding,
704+22 the petitioner shall promptly notify the circuit court
705+23 clerk of any change of his or her address. If the
706+24 petitioner has received a certificate of eligibility for
707+25 sealing from the Prisoner Review Board under paragraph
708+26 (10) of subsection (a) of Section 3-3-2 of the Unified
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681- HB5023 Engrossed - 20 - LRB103 37573 JRC 67699 b
682-1 charges were brought, or both. If arrests occurred or
683-2 charges were brought in multiple jurisdictions, a petition
684-3 must be filed in each such jurisdiction. The petitioner
685-4 shall pay the applicable fee, except no fee shall be
686-5 required if the petitioner has obtained a court order
687-6 waiving fees under Supreme Court Rule 298 or it is
688-7 otherwise waived.
689-8 (1.5) County fee waiver pilot program. From August 9,
690-9 2019 (the effective date of Public Act 101-306) through
691-10 December 31, 2020, in a county of 3,000,000 or more
692-11 inhabitants, no fee shall be required to be paid by a
693-12 petitioner if the records sought to be expunged or sealed
694-13 were arrests resulting in release without charging or
695-14 arrests or charges not initiated by arrest resulting in
696-15 acquittal, dismissal, or conviction when the conviction
697-16 was reversed or vacated, unless excluded by subsection
698-17 (a)(3)(B). The provisions of this paragraph (1.5), other
699-18 than this sentence, are inoperative on and after January
700-19 1, 2022.
701-20 (2) Contents of petition. The petition shall be
702-21 verified and shall contain the petitioner's name, date of
703-22 birth, current address and, for each arrest or charge not
704-23 initiated by arrest sought to be sealed or expunged, the
705-24 case number, the date of arrest (if any), the identity of
706-25 the arresting authority, and such other information as the
707-26 court may require. During the pendency of the proceeding,
717+HB5023- 20 -LRB103 37573 JRC 67699 b HB5023 - 20 - LRB103 37573 JRC 67699 b
718+ HB5023 - 20 - LRB103 37573 JRC 67699 b
719+1 Code of Corrections, the certificate shall be attached to
720+2 the petition.
721+3 (3) Drug test. The petitioner must attach to the
722+4 petition proof that the petitioner has taken within 30
723+5 days before the filing of the petition a test showing the
724+6 absence within his or her body of all illegal substances
725+7 as defined by the Illinois Controlled Substances Act and
726+8 the Methamphetamine Control and Community Protection Act
727+9 if he or she is petitioning to:
728+10 (A) seal felony records under clause (c)(2)(E);
729+11 (B) seal felony records for a violation of the
730+12 Illinois Controlled Substances Act, the
731+13 Methamphetamine Control and Community Protection Act,
732+14 or the Cannabis Control Act under clause (c)(2)(F);
733+15 (C) seal felony records under subsection (e-5); or
734+16 (D) expunge felony records of a qualified
735+17 probation under clause (b)(1)(iv).
736+18 (4) Service of petition. The circuit court clerk shall
737+19 promptly serve a copy of the petition and documentation to
738+20 support the petition under subsection (e-5) or (e-6) on
739+21 the State's Attorney or prosecutor charged with the duty
740+22 of prosecuting the offense, the Illinois State Police, the
741+23 arresting agency and the chief legal officer of the unit
742+24 of local government effecting the arrest.
743+25 (5) Objections.
744+26 (A) Any party entitled to notice of the petition
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717- HB5023 Engrossed - 21 - LRB103 37573 JRC 67699 b
718-1 the petitioner shall promptly notify the circuit court
719-2 clerk of any change of his or her address. If the
720-3 petitioner has received a certificate of eligibility for
721-4 sealing from the Prisoner Review Board under paragraph
722-5 (10) of subsection (a) of Section 3-3-2 of the Unified
723-6 Code of Corrections, the certificate shall be attached to
724-7 the petition.
725-8 (3) Drug test. The petitioner must attach to the
726-9 petition proof that the petitioner has taken within 30
727-10 days before the filing of the petition a test showing the
728-11 absence within his or her body of all illegal substances
729-12 as defined by the Illinois Controlled Substances Act and
730-13 the Methamphetamine Control and Community Protection Act
731-14 if he or she is petitioning to:
732-15 (A) seal felony records under clause (c)(2)(E);
733-16 (B) seal felony records for a violation of the
734-17 Illinois Controlled Substances Act, the
735-18 Methamphetamine Control and Community Protection Act,
736-19 or the Cannabis Control Act under clause (c)(2)(F);
737-20 (C) seal felony records under subsection (e-5); or
738-21 (D) expunge felony records of a qualified
739-22 probation under clause (b)(1)(iv).
740-23 (4) Service of petition. The circuit court clerk shall
741-24 promptly serve a copy of the petition and documentation to
742-25 support the petition under subsection (e-5) or (e-6) on
743-26 the State's Attorney or prosecutor charged with the duty
753+HB5023- 21 -LRB103 37573 JRC 67699 b HB5023 - 21 - LRB103 37573 JRC 67699 b
754+ HB5023 - 21 - LRB103 37573 JRC 67699 b
755+1 may file an objection to the petition. All objections
756+2 shall be in writing, shall be filed with the circuit
757+3 court clerk, and shall state with specificity the
758+4 basis of the objection. Whenever a person who has been
759+5 convicted of an offense is granted a pardon by the
760+6 Governor which specifically authorizes expungement, an
761+7 objection to the petition may not be filed.
762+8 (B) Objections to a petition to expunge or seal
763+9 must be filed within 60 days of the date of service of
764+10 the petition.
765+11 (6) Entry of order.
766+12 (A) The Chief Judge of the circuit wherein the
767+13 charge was brought, any judge of that circuit
768+14 designated by the Chief Judge, or in counties of less
769+15 than 3,000,000 inhabitants, the presiding trial judge
770+16 at the petitioner's trial, if any, shall rule on the
771+17 petition to expunge or seal as set forth in this
772+18 subsection (d)(6).
773+19 (B) Unless the State's Attorney or prosecutor, the
774+20 Illinois State Police, the arresting agency, or the
775+21 chief legal officer files an objection to the petition
776+22 to expunge or seal within 60 days from the date of
777+23 service of the petition, the court shall enter an
778+24 order granting or denying the petition.
779+25 (C) Notwithstanding any other provision of law,
780+26 the court shall not deny a petition for sealing under
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754-1 of prosecuting the offense, the Illinois State Police, the
755-2 arresting agency and the chief legal officer of the unit
756-3 of local government effecting the arrest.
757-4 (5) Objections.
758-5 (A) Any party entitled to notice of the petition
759-6 may file an objection to the petition. All objections
760-7 shall be in writing, shall be filed with the circuit
761-8 court clerk, and shall state with specificity the
762-9 basis of the objection. Whenever a person who has been
763-10 convicted of an offense is granted a pardon by the
764-11 Governor which specifically authorizes expungement, an
765-12 objection to the petition may not be filed.
766-13 (B) Objections to a petition to expunge or seal
767-14 must be filed within 60 days of the date of service of
768-15 the petition.
769-16 (6) Entry of order.
770-17 (A) The Chief Judge of the circuit wherein the
771-18 charge was brought, any judge of that circuit
772-19 designated by the Chief Judge, or in counties of less
773-20 than 3,000,000 inhabitants, the presiding trial judge
774-21 at the petitioner's trial, if any, shall rule on the
775-22 petition to expunge or seal as set forth in this
776-23 subsection (d)(6).
777-24 (B) Unless the State's Attorney or prosecutor, the
778-25 Illinois State Police, the arresting agency, or the
779-26 chief legal officer files an objection to the petition
789+HB5023- 22 -LRB103 37573 JRC 67699 b HB5023 - 22 - LRB103 37573 JRC 67699 b
790+ HB5023 - 22 - LRB103 37573 JRC 67699 b
791+1 this Section because the petitioner has not satisfied
792+2 an outstanding legal financial obligation established,
793+3 imposed, or originated by a court, law enforcement
794+4 agency, or a municipal, State, county, or other unit
795+5 of local government, including, but not limited to,
796+6 any cost, assessment, fine, or fee. An outstanding
797+7 legal financial obligation does not include any court
798+8 ordered restitution to a victim under Section 5-5-6 of
799+9 the Unified Code of Corrections, unless the
800+10 restitution has been converted to a civil judgment.
801+11 Nothing in this subparagraph (C) waives, rescinds, or
802+12 abrogates a legal financial obligation or otherwise
803+13 eliminates or affects the right of the holder of any
804+14 financial obligation to pursue collection under
805+15 applicable federal, State, or local law.
806+16 (D) Notwithstanding any other provision of law,
807+17 the court shall not deny a petition to expunge or seal
808+18 under this Section because the petitioner has
809+19 submitted a drug test taken within 30 days before the
810+20 filing of the petition to expunge or seal that
811+21 indicates a positive test for the presence of cannabis
812+22 within the petitioner's body. In this subparagraph
813+23 (D), "cannabis" has the meaning ascribed to it in
814+24 Section 3 of the Cannabis Control Act.
815+25 (7) Hearings. If an objection is filed, the court
816+26 shall set a date for a hearing and notify the petitioner
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790-1 to expunge or seal within 60 days from the date of
791-2 service of the petition, the court shall enter an
792-3 order granting or denying the petition.
793-4 (C) Notwithstanding any other provision of law,
794-5 the court shall not deny a petition for sealing under
795-6 this Section because the petitioner has not satisfied
796-7 an outstanding legal financial obligation established,
797-8 imposed, or originated by a court, law enforcement
798-9 agency, or a municipal, State, county, or other unit
799-10 of local government, including, but not limited to,
800-11 any cost, assessment, fine, or fee. An outstanding
801-12 legal financial obligation does not include any court
802-13 ordered restitution to a victim under Section 5-5-6 of
803-14 the Unified Code of Corrections, unless the
804-15 restitution has been converted to a civil judgment.
805-16 Nothing in this subparagraph (C) waives, rescinds, or
806-17 abrogates a legal financial obligation or otherwise
807-18 eliminates or affects the right of the holder of any
808-19 financial obligation to pursue collection under
809-20 applicable federal, State, or local law.
810-21 (D) Notwithstanding any other provision of law,
811-22 the court shall not deny a petition to expunge or seal
812-23 under this Section because the petitioner has
813-24 submitted a drug test taken within 30 days before the
814-25 filing of the petition to expunge or seal that
815-26 indicates a positive test for the presence of cannabis
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826+ HB5023 - 23 - LRB103 37573 JRC 67699 b
827+1 and all parties entitled to notice of the petition of the
828+2 hearing date at least 30 days prior to the hearing. Prior
829+3 to the hearing, the State's Attorney shall consult with
830+4 the Illinois State Police as to the appropriateness of the
831+5 relief sought in the petition to expunge or seal. At the
832+6 hearing, the court shall hear evidence on whether the
833+7 petition should or should not be granted, and shall grant
834+8 or deny the petition to expunge or seal the records based
835+9 on the evidence presented at the hearing. The court may
836+10 consider the following:
837+11 (A) the strength of the evidence supporting the
838+12 defendant's conviction;
839+13 (B) the reasons for retention of the conviction
840+14 records by the State;
841+15 (C) the petitioner's age, criminal record history,
842+16 and employment history;
843+17 (D) the period of time between the petitioner's
844+18 arrest on the charge resulting in the conviction and
845+19 the filing of the petition under this Section; and
846+20 (E) the specific adverse consequences the
847+21 petitioner may be subject to if the petition is
848+22 denied.
849+23 (8) Service of order. After entering an order to
850+24 expunge or seal records, the court must provide copies of
851+25 the order to the Illinois State Police, in a form and
852+26 manner prescribed by the Illinois State Police, to the
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826-1 within the petitioner's body. In this subparagraph
827-2 (D), "cannabis" has the meaning ascribed to it in
828-3 Section 3 of the Cannabis Control Act.
829-4 (7) Hearings. If an objection is filed, the court
830-5 shall set a date for a hearing and notify the petitioner
831-6 and all parties entitled to notice of the petition of the
832-7 hearing date at least 30 days prior to the hearing. Prior
833-8 to the hearing, the State's Attorney shall consult with
834-9 the Illinois State Police as to the appropriateness of the
835-10 relief sought in the petition to expunge or seal. At the
836-11 hearing, the court shall hear evidence on whether the
837-12 petition should or should not be granted, and shall grant
838-13 or deny the petition to expunge or seal the records based
839-14 on the evidence presented at the hearing. The court may
840-15 consider the following:
841-16 (A) the strength of the evidence supporting the
842-17 defendant's conviction;
843-18 (B) the reasons for retention of the conviction
844-19 records by the State;
845-20 (C) the petitioner's age, criminal record history,
846-21 and employment history;
847-22 (D) the period of time between the petitioner's
848-23 arrest on the charge resulting in the conviction and
849-24 the filing of the petition under this Section; and
850-25 (E) the specific adverse consequences the
851-26 petitioner may be subject to if the petition is
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862+ HB5023 - 24 - LRB103 37573 JRC 67699 b
863+1 petitioner, to the State's Attorney or prosecutor charged
864+2 with the duty of prosecuting the offense, to the arresting
865+3 agency, to the chief legal officer of the unit of local
866+4 government effecting the arrest, and to such other
867+5 criminal justice agencies as may be ordered by the court.
868+6 (9) Implementation of order.
869+7 (A) Upon entry of an order to expunge records
870+8 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
871+9 both:
872+10 (i) the records shall be expunged (as defined
873+11 in subsection (a)(1)(E)) by the arresting agency,
874+12 the Illinois State Police, and any other agency as
875+13 ordered by the court, within 60 days of the date of
876+14 service of the order, unless a motion to vacate,
877+15 modify, or reconsider the order is filed pursuant
878+16 to paragraph (12) of subsection (d) of this
879+17 Section;
880+18 (ii) the records of the circuit court clerk
881+19 shall be impounded until further order of the
882+20 court upon good cause shown and the name of the
883+21 petitioner obliterated on the official index
884+22 required to be kept by the circuit court clerk
885+23 under Section 16 of the Clerks of Courts Act, but
886+24 the order shall not affect any index issued by the
887+25 circuit court clerk before the entry of the order;
888+26 and
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862-1 denied.
863-2 (8) Service of order. After entering an order to
864-3 expunge or seal records, the court must provide copies of
865-4 the order to the Illinois State Police, in a form and
866-5 manner prescribed by the Illinois State Police, to the
867-6 petitioner, to the State's Attorney or prosecutor charged
868-7 with the duty of prosecuting the offense, to the arresting
869-8 agency, to the chief legal officer of the unit of local
870-9 government effecting the arrest, and to such other
871-10 criminal justice agencies as may be ordered by the court.
872-11 (9) Implementation of order.
873-12 (A) Upon entry of an order to expunge records
874-13 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
875-14 both:
876-15 (i) the records shall be expunged (as defined
877-16 in subsection (a)(1)(E)(ii) (a)(1)(E)) by the
878-17 arresting agency, the Illinois State Police, and
879-18 any other agency as ordered by the court, within
880-19 60 days of the date of service of the order, unless
881-20 a motion to vacate, modify, or reconsider the
882-21 order is filed pursuant to paragraph (12) of
883-22 subsection (d) of this Section;
884-23 (ii) the records of the circuit court clerk
885-24 shall be expunged (as defined in subsection
886-25 (a)(1)(E)(i)), impounded until further order of
887-26 the court upon good cause shown and the name of the
897+HB5023- 25 -LRB103 37573 JRC 67699 b HB5023 - 25 - LRB103 37573 JRC 67699 b
898+ HB5023 - 25 - LRB103 37573 JRC 67699 b
899+1 (iii) in response to an inquiry for expunged
900+2 records, the court, the Illinois State Police, or
901+3 the agency receiving such inquiry, shall reply as
902+4 it does in response to inquiries when no records
903+5 ever existed.
904+6 (B) Upon entry of an order to expunge records
905+7 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
906+8 both:
907+9 (i) the records shall be expunged (as defined
908+10 in subsection (a)(1)(E)) by the arresting agency
909+11 and any other agency as ordered by the court,
910+12 within 60 days of the date of service of the order,
911+13 unless a motion to vacate, modify, or reconsider
912+14 the order is filed pursuant to paragraph (12) of
913+15 subsection (d) of this Section;
914+16 (ii) the records of the circuit court clerk
915+17 shall be impounded until further order of the
916+18 court upon good cause shown and the name of the
917+19 petitioner obliterated on the official index
918+20 required to be kept by the circuit court clerk
919+21 under Section 16 of the Clerks of Courts Act, but
920+22 the order shall not affect any index issued by the
921+23 circuit court clerk before the entry of the order;
922+24 (iii) the records shall be impounded by the
923+25 Illinois State Police within 60 days of the date
924+26 of service of the order as ordered by the court,
888925
889926
890927
891928
892929
893- HB5023 Engrossed - 25 - LRB103 37573 JRC 67699 b
930+ HB5023 - 25 - LRB103 37573 JRC 67699 b
894931
895932
896-HB5023 Engrossed- 26 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 26 - LRB103 37573 JRC 67699 b
897- HB5023 Engrossed - 26 - LRB103 37573 JRC 67699 b
898-1 petitioner obliterated on the official index
899-2 required to be kept by the circuit court clerk
900-3 under Section 16 of the Clerks of Courts Act, but
901-4 the order shall not affect any index issued by the
902-5 circuit court clerk before the entry of the order;
903-6 and
904-7 (iii) in response to an inquiry for expunged
905-8 records, the circuit court clerk court, the
906-9 Illinois State Police, or the agency receiving
907-10 such inquiry, shall reply as it does in response
908-11 to inquiries when no records ever existed.
909-12 (B) Upon entry of an order to expunge records
910-13 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
911-14 both:
912-15 (i) the records shall be expunged (as defined
913-16 in subsection (a)(1)(E)(ii) (a)(1)(E)) by the
914-17 arresting agency and any other agency as ordered
915-18 by the court, within 60 days of the date of service
916-19 of the order, unless a motion to vacate, modify,
917-20 or reconsider the order is filed pursuant to
918-21 paragraph (12) of subsection (d) of this Section;
919-22 (ii) the records of the circuit court clerk
920-23 shall be expunged (as defined in subsection
921-24 (a)(1)(E)(i)), impounded until further order of
922-25 the court upon good cause shown and the name of the
923-26 petitioner obliterated on the official index
933+HB5023- 26 -LRB103 37573 JRC 67699 b HB5023 - 26 - LRB103 37573 JRC 67699 b
934+ HB5023 - 26 - LRB103 37573 JRC 67699 b
935+1 unless a motion to vacate, modify, or reconsider
936+2 the order is filed pursuant to paragraph (12) of
937+3 subsection (d) of this Section;
938+4 (iv) records impounded by the Illinois State
939+5 Police may be disseminated by the Illinois State
940+6 Police only as required by law or to the arresting
941+7 authority, the State's Attorney, and the court
942+8 upon a later arrest for the same or a similar
943+9 offense or for the purpose of sentencing for any
944+10 subsequent felony, and to the Department of
945+11 Corrections upon conviction for any offense; and
946+12 (v) in response to an inquiry for such records
947+13 from anyone not authorized by law to access such
948+14 records, the court, the Illinois State Police, or
949+15 the agency receiving such inquiry shall reply as
950+16 it does in response to inquiries when no records
951+17 ever existed.
952+18 (B-5) Upon entry of an order to expunge records
953+19 under subsection (e-6):
954+20 (i) the records shall be expunged (as defined
955+21 in subsection (a)(1)(E)) by the arresting agency
956+22 and any other agency as ordered by the court,
957+23 within 60 days of the date of service of the order,
958+24 unless a motion to vacate, modify, or reconsider
959+25 the order is filed under paragraph (12) of
960+26 subsection (d) of this Section;
924961
925962
926963
927964
928965
929- HB5023 Engrossed - 26 - LRB103 37573 JRC 67699 b
966+ HB5023 - 26 - LRB103 37573 JRC 67699 b
930967
931968
932-HB5023 Engrossed- 27 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 27 - LRB103 37573 JRC 67699 b
933- HB5023 Engrossed - 27 - LRB103 37573 JRC 67699 b
934-1 required to be kept by the circuit court clerk
935-2 under Section 16 of the Clerks of Courts Act, but
936-3 the order shall not affect any index issued by the
937-4 circuit court clerk before the entry of the order;
938-5 (iii) the records shall be impounded by the
939-6 Illinois State Police within 60 days of the date
940-7 of service of the order as ordered by the court,
941-8 unless a motion to vacate, modify, or reconsider
942-9 the order is filed pursuant to paragraph (12) of
943-10 subsection (d) of this Section;
944-11 (iv) records impounded by the Illinois State
945-12 Police may be disseminated by the Illinois State
946-13 Police only as required by law or to the arresting
947-14 authority, the State's Attorney, and the circuit
948-15 court clerk court upon a later arrest for the same
949-16 or a similar offense or for the purpose of
950-17 sentencing for any subsequent felony, and to the
951-18 Department of Corrections upon conviction for any
952-19 offense; and
953-20 (v) in response to an inquiry for such records
954-21 from anyone not authorized by law to access such
955-22 records, the circuit court clerk court, the
956-23 Illinois State Police, or the agency receiving
957-24 such inquiry shall reply as it does in response to
958-25 inquiries when no records ever existed.
959-26 (B-5) Upon entry of an order to expunge records
969+HB5023- 27 -LRB103 37573 JRC 67699 b HB5023 - 27 - LRB103 37573 JRC 67699 b
970+ HB5023 - 27 - LRB103 37573 JRC 67699 b
971+1 (ii) the records of the circuit court clerk
972+2 shall be impounded until further order of the
973+3 court upon good cause shown and the name of the
974+4 petitioner obliterated on the official index
975+5 required to be kept by the circuit court clerk
976+6 under Section 16 of the Clerks of Courts Act, but
977+7 the order shall not affect any index issued by the
978+8 circuit court clerk before the entry of the order;
979+9 (iii) the records shall be impounded by the
980+10 Illinois State Police within 60 days of the date
981+11 of service of the order as ordered by the court,
982+12 unless a motion to vacate, modify, or reconsider
983+13 the order is filed under paragraph (12) of
984+14 subsection (d) of this Section;
985+15 (iv) records impounded by the Illinois State
986+16 Police may be disseminated by the Illinois State
987+17 Police only as required by law or to the arresting
988+18 authority, the State's Attorney, and the court
989+19 upon a later arrest for the same or a similar
990+20 offense or for the purpose of sentencing for any
991+21 subsequent felony, and to the Department of
992+22 Corrections upon conviction for any offense; and
993+23 (v) in response to an inquiry for these
994+24 records from anyone not authorized by law to
995+25 access the records, the court, the Illinois State
996+26 Police, or the agency receiving the inquiry shall
960997
961998
962999
9631000
9641001
965- HB5023 Engrossed - 27 - LRB103 37573 JRC 67699 b
1002+ HB5023 - 27 - LRB103 37573 JRC 67699 b
9661003
9671004
968-HB5023 Engrossed- 28 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 28 - LRB103 37573 JRC 67699 b
969- HB5023 Engrossed - 28 - LRB103 37573 JRC 67699 b
970-1 under subsection (e-6):
971-2 (i) the records shall be expunged (as defined
972-3 in subsection (a)(1)(E)(ii) (a)(1)(E)) by the
973-4 arresting agency and any other agency as ordered
974-5 by the court, within 60 days of the date of service
975-6 of the order, unless a motion to vacate, modify,
976-7 or reconsider the order is filed under paragraph
977-8 (12) of subsection (d) of this Section;
978-9 (ii) the records of the circuit court clerk
979-10 shall be expunged (as defined in subsection
980-11 (a)(1)(E)(i)), impounded until further order of
981-12 the court upon good cause shown and the name of the
982-13 petitioner obliterated on the official index
983-14 required to be kept by the circuit court clerk
984-15 under Section 16 of the Clerks of Courts Act, but
985-16 the order shall not affect any index issued by the
986-17 circuit court clerk before the entry of the order;
987-18 (iii) the records shall be impounded by the
988-19 Illinois State Police within 60 days of the date
989-20 of service of the order as ordered by the court,
990-21 unless a motion to vacate, modify, or reconsider
991-22 the order is filed under paragraph (12) of
992-23 subsection (d) of this Section;
993-24 (iv) records impounded by the Illinois State
994-25 Police may be disseminated by the Illinois State
995-26 Police only as required by law or to the arresting
1005+HB5023- 28 -LRB103 37573 JRC 67699 b HB5023 - 28 - LRB103 37573 JRC 67699 b
1006+ HB5023 - 28 - LRB103 37573 JRC 67699 b
1007+1 reply as it does in response to inquiries when no
1008+2 records ever existed.
1009+3 (C) Upon entry of an order to seal records under
1010+4 subsection (c), the arresting agency, any other agency
1011+5 as ordered by the court, the Illinois State Police,
1012+6 and the court shall seal the records (as defined in
1013+7 subsection (a)(1)(K)). In response to an inquiry for
1014+8 such records, from anyone not authorized by law to
1015+9 access such records, the court, the Illinois State
1016+10 Police, or the agency receiving such inquiry shall
1017+11 reply as it does in response to inquiries when no
1018+12 records ever existed.
1019+13 (D) The Illinois State Police shall send written
1020+14 notice to the petitioner of its compliance with each
1021+15 order to expunge or seal records within 60 days of the
1022+16 date of service of that order or, if a motion to
1023+17 vacate, modify, or reconsider is filed, within 60 days
1024+18 of service of the order resolving the motion, if that
1025+19 order requires the Illinois State Police to expunge or
1026+20 seal records. In the event of an appeal from the
1027+21 circuit court order, the Illinois State Police shall
1028+22 send written notice to the petitioner of its
1029+23 compliance with an Appellate Court or Supreme Court
1030+24 judgment to expunge or seal records within 60 days of
1031+25 the issuance of the court's mandate. The notice is not
1032+26 required while any motion to vacate, modify, or
9961033
9971034
9981035
9991036
10001037
1001- HB5023 Engrossed - 28 - LRB103 37573 JRC 67699 b
1038+ HB5023 - 28 - LRB103 37573 JRC 67699 b
10021039
10031040
1004-HB5023 Engrossed- 29 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 29 - LRB103 37573 JRC 67699 b
1005- HB5023 Engrossed - 29 - LRB103 37573 JRC 67699 b
1006-1 authority, the State's Attorney, and the court
1007-2 upon a later arrest for the same or a similar
1008-3 offense or for the purpose of sentencing for any
1009-4 subsequent felony, and to the Department of
1010-5 Corrections upon conviction for any offense; and
1011-6 (v) in response to an inquiry for these
1012-7 records from anyone not authorized by law to
1013-8 access the records, the circuit court clerk court,
1014-9 the Illinois State Police, or the agency receiving
1015-10 the inquiry shall reply as it does in response to
1016-11 inquiries when no records ever existed.
1017-12 (C) Upon entry of an order to seal records under
1018-13 subsection (c), the arresting agency, any other agency
1019-14 as ordered by the court, the Illinois State Police,
1020-15 and the circuit court clerk court shall seal the
1021-16 records (as defined in subsection (a)(1)(K)). In
1022-17 response to an inquiry for such records, from anyone
1023-18 not authorized by law to access such records, the
1024-19 circuit court clerk court, the Illinois State Police,
1025-20 or the agency receiving such inquiry shall reply as it
1026-21 does in response to inquiries when no records ever
1027-22 existed.
1028-23 (D) The Illinois State Police shall send written
1029-24 notice to the petitioner of its compliance with each
1030-25 order to expunge or seal records within 60 days of the
1031-26 date of service of that order or, if a motion to
1041+HB5023- 29 -LRB103 37573 JRC 67699 b HB5023 - 29 - LRB103 37573 JRC 67699 b
1042+ HB5023 - 29 - LRB103 37573 JRC 67699 b
1043+1 reconsider, or any appeal or petition for
1044+2 discretionary appellate review, is pending.
1045+3 (E) Upon motion, the court may order that a sealed
1046+4 judgment or other court record necessary to
1047+5 demonstrate the amount of any legal financial
1048+6 obligation due and owing be made available for the
1049+7 limited purpose of collecting any legal financial
1050+8 obligations owed by the petitioner that were
1051+9 established, imposed, or originated in the criminal
1052+10 proceeding for which those records have been sealed.
1053+11 The records made available under this subparagraph (E)
1054+12 shall not be entered into the official index required
1055+13 to be kept by the circuit court clerk under Section 16
1056+14 of the Clerks of Courts Act and shall be immediately
1057+15 re-impounded upon the collection of the outstanding
1058+16 financial obligations.
1059+17 (F) Notwithstanding any other provision of this
1060+18 Section, a circuit court clerk may access a sealed
1061+19 record for the limited purpose of collecting payment
1062+20 for any legal financial obligations that were
1063+21 established, imposed, or originated in the criminal
1064+22 proceedings for which those records have been sealed.
1065+23 (10) Fees. The Illinois State Police may charge the
1066+24 petitioner a fee equivalent to the cost of processing any
1067+25 order to expunge or seal records. Notwithstanding any
1068+26 provision of the Clerks of Courts Act to the contrary, the
10321069
10331070
10341071
10351072
10361073
1037- HB5023 Engrossed - 29 - LRB103 37573 JRC 67699 b
1074+ HB5023 - 29 - LRB103 37573 JRC 67699 b
10381075
10391076
1040-HB5023 Engrossed- 30 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 30 - LRB103 37573 JRC 67699 b
1041- HB5023 Engrossed - 30 - LRB103 37573 JRC 67699 b
1042-1 vacate, modify, or reconsider is filed, within 60 days
1043-2 of service of the order resolving the motion, if that
1044-3 order requires the Illinois State Police to expunge or
1045-4 seal records. In the event of an appeal from the
1046-5 circuit court order, the Illinois State Police shall
1047-6 send written notice to the petitioner of its
1048-7 compliance with an Appellate Court or Supreme Court
1049-8 judgment to expunge or seal records within 60 days of
1050-9 the issuance of the court's mandate. The notice is not
1051-10 required while any motion to vacate, modify, or
1052-11 reconsider, or any appeal or petition for
1053-12 discretionary appellate review, is pending.
1054-13 (E) Upon motion, the court may order that a sealed
1055-14 judgment or other court record necessary to
1056-15 demonstrate the amount of any legal financial
1057-16 obligation due and owing be made available for the
1058-17 limited purpose of collecting any legal financial
1059-18 obligations owed by the petitioner that were
1060-19 established, imposed, or originated in the criminal
1061-20 proceeding for which those records have been sealed.
1062-21 The records made available under this subparagraph (E)
1063-22 shall not be entered into the official index required
1064-23 to be kept by the circuit court clerk under Section 16
1065-24 of the Clerks of Courts Act and shall be immediately
1066-25 resealed re-impounded upon the collection of the
1067-26 outstanding financial obligations.
1077+HB5023- 30 -LRB103 37573 JRC 67699 b HB5023 - 30 - LRB103 37573 JRC 67699 b
1078+ HB5023 - 30 - LRB103 37573 JRC 67699 b
1079+1 circuit court clerk may charge a fee equivalent to the
1080+2 cost associated with the sealing or expungement of records
1081+3 by the circuit court clerk. From the total filing fee
1082+4 collected for the petition to seal or expunge, the circuit
1083+5 court clerk shall deposit $10 into the Circuit Court Clerk
1084+6 Operation and Administrative Fund, to be used to offset
1085+7 the costs incurred by the circuit court clerk in
1086+8 performing the additional duties required to serve the
1087+9 petition to seal or expunge on all parties. The circuit
1088+10 court clerk shall collect and remit the Illinois State
1089+11 Police portion of the fee to the State Treasurer and it
1090+12 shall be deposited in the State Police Services Fund. If
1091+13 the record brought under an expungement petition was
1092+14 previously sealed under this Section, the fee for the
1093+15 expungement petition for that same record shall be waived.
1094+16 (11) Final Order. No court order issued under the
1095+17 expungement or sealing provisions of this Section shall
1096+18 become final for purposes of appeal until 30 days after
1097+19 service of the order on the petitioner and all parties
1098+20 entitled to notice of the petition.
1099+21 (12) Motion to Vacate, Modify, or Reconsider. Under
1100+22 Section 2-1203 of the Code of Civil Procedure, the
1101+23 petitioner or any party entitled to notice may file a
1102+24 motion to vacate, modify, or reconsider the order granting
1103+25 or denying the petition to expunge or seal within 60 days
1104+26 of service of the order. If filed more than 60 days after
10681105
10691106
10701107
10711108
10721109
1073- HB5023 Engrossed - 30 - LRB103 37573 JRC 67699 b
1110+ HB5023 - 30 - LRB103 37573 JRC 67699 b
10741111
10751112
1076-HB5023 Engrossed- 31 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 31 - LRB103 37573 JRC 67699 b
1077- HB5023 Engrossed - 31 - LRB103 37573 JRC 67699 b
1078-1 (F) Notwithstanding any other provision of this
1079-2 Section, a circuit court clerk may access a sealed
1080-3 record for the limited purpose of collecting payment
1081-4 for any legal financial obligations that were
1082-5 established, imposed, or originated in the criminal
1083-6 proceedings for which those records have been sealed.
1084-7 (10) Fees. The Illinois State Police may charge the
1085-8 petitioner a fee equivalent to the cost of processing any
1086-9 order to expunge or seal records. Notwithstanding any
1087-10 provision of the Clerks of Courts Act to the contrary, the
1088-11 circuit court clerk may charge a fee equivalent to the
1089-12 cost associated with the sealing or expungement of records
1090-13 by the circuit court clerk. From the total filing fee
1091-14 collected for the petition to seal or expunge, the circuit
1092-15 court clerk shall deposit $10 into the Circuit Court Clerk
1093-16 Operation and Administrative Fund, to be used to offset
1094-17 the costs incurred by the circuit court clerk in
1095-18 performing the additional duties required to serve the
1096-19 petition to seal or expunge on all parties. The circuit
1097-20 court clerk shall collect and remit the Illinois State
1098-21 Police portion of the fee to the State Treasurer and it
1099-22 shall be deposited in the State Police Services Fund. If
1100-23 the record brought under an expungement petition was
1101-24 previously sealed under this Section, the fee for the
1102-25 expungement petition for that same record shall be waived.
1103-26 (11) Final Order. No court order issued under the
1113+HB5023- 31 -LRB103 37573 JRC 67699 b HB5023 - 31 - LRB103 37573 JRC 67699 b
1114+ HB5023 - 31 - LRB103 37573 JRC 67699 b
1115+1 service of the order, a petition to vacate, modify, or
1116+2 reconsider shall comply with subsection (c) of Section
1117+3 2-1401 of the Code of Civil Procedure. Upon filing of a
1118+4 motion to vacate, modify, or reconsider, notice of the
1119+5 motion shall be served upon the petitioner and all parties
1120+6 entitled to notice of the petition.
1121+7 (13) Effect of Order. An order granting a petition
1122+8 under the expungement or sealing provisions of this
1123+9 Section shall not be considered void because it fails to
1124+10 comply with the provisions of this Section or because of
1125+11 any error asserted in a motion to vacate, modify, or
1126+12 reconsider. The circuit court retains jurisdiction to
1127+13 determine whether the order is voidable and to vacate,
1128+14 modify, or reconsider its terms based on a motion filed
1129+15 under paragraph (12) of this subsection (d).
1130+16 (14) Compliance with Order Granting Petition to Seal
1131+17 Records. Unless a court has entered a stay of an order
1132+18 granting a petition to seal, all parties entitled to
1133+19 notice of the petition must fully comply with the terms of
1134+20 the order within 60 days of service of the order even if a
1135+21 party is seeking relief from the order through a motion
1136+22 filed under paragraph (12) of this subsection (d) or is
1137+23 appealing the order.
1138+24 (15) Compliance with Order Granting Petition to
1139+25 Expunge Records. While a party is seeking relief from the
1140+26 order granting the petition to expunge through a motion
11041141
11051142
11061143
11071144
11081145
1109- HB5023 Engrossed - 31 - LRB103 37573 JRC 67699 b
1146+ HB5023 - 31 - LRB103 37573 JRC 67699 b
11101147
11111148
1112-HB5023 Engrossed- 32 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 32 - LRB103 37573 JRC 67699 b
1113- HB5023 Engrossed - 32 - LRB103 37573 JRC 67699 b
1114-1 expungement or sealing provisions of this Section shall
1115-2 become final for purposes of appeal until 30 days after
1116-3 service of the order on the petitioner and all parties
1117-4 entitled to notice of the petition.
1118-5 (12) Motion to Vacate, Modify, or Reconsider. Under
1119-6 Section 2-1203 of the Code of Civil Procedure, the
1120-7 petitioner or any party entitled to notice may file a
1121-8 motion to vacate, modify, or reconsider the order granting
1122-9 or denying the petition to expunge or seal within 60 days
1123-10 of service of the order. If filed more than 60 days after
1124-11 service of the order, a petition to vacate, modify, or
1125-12 reconsider shall comply with subsection (c) of Section
1126-13 2-1401 of the Code of Civil Procedure. Upon filing of a
1127-14 motion to vacate, modify, or reconsider, notice of the
1128-15 motion shall be served upon the petitioner and all parties
1129-16 entitled to notice of the petition.
1130-17 (13) Effect of Order. An order granting a petition
1131-18 under the expungement or sealing provisions of this
1132-19 Section shall not be considered void because it fails to
1133-20 comply with the provisions of this Section or because of
1134-21 any error asserted in a motion to vacate, modify, or
1135-22 reconsider. The circuit court retains jurisdiction to
1136-23 determine whether the order is voidable and to vacate,
1137-24 modify, or reconsider its terms based on a motion filed
1138-25 under paragraph (12) of this subsection (d).
1139-26 (14) Compliance with Order Granting Petition to Seal
1149+HB5023- 32 -LRB103 37573 JRC 67699 b HB5023 - 32 - LRB103 37573 JRC 67699 b
1150+ HB5023 - 32 - LRB103 37573 JRC 67699 b
1151+1 filed under paragraph (12) of this subsection (d) or is
1152+2 appealing the order, and unless a court has entered a stay
1153+3 of that order, the parties entitled to notice of the
1154+4 petition must seal, but need not expunge, the records
1155+5 until there is a final order on the motion for relief or,
1156+6 in the case of an appeal, the issuance of that court's
1157+7 mandate.
1158+8 (16) The changes to this subsection (d) made by Public
1159+9 Act 98-163 apply to all petitions pending on August 5,
1160+10 2013 (the effective date of Public Act 98-163) and to all
1161+11 orders ruling on a petition to expunge or seal on or after
1162+12 August 5, 2013 (the effective date of Public Act 98-163).
1163+13 (e) Whenever a person who has been convicted of an offense
1164+14 is granted a pardon by the Governor which specifically
1165+15 authorizes expungement, he or she may, upon verified petition
1166+16 to the Chief Judge of the circuit where the person had been
1167+17 convicted, any judge of the circuit designated by the Chief
1168+18 Judge, or in counties of less than 3,000,000 inhabitants, the
1169+19 presiding trial judge at the defendant's trial, have a court
1170+20 order entered expunging the record of arrest from the official
1171+21 records of the arresting authority and order that the records
1172+22 of the circuit court clerk and the Illinois State Police be
1173+23 impounded sealed until further order of the court upon good
1174+24 cause shown or as otherwise provided herein, and the name of
1175+25 the defendant obliterated from the official index requested to
1176+26 be kept by the circuit court clerk under Section 16 of the
11401177
11411178
11421179
11431180
11441181
1145- HB5023 Engrossed - 32 - LRB103 37573 JRC 67699 b
1182+ HB5023 - 32 - LRB103 37573 JRC 67699 b
11461183
11471184
1148-HB5023 Engrossed- 33 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 33 - LRB103 37573 JRC 67699 b
1149- HB5023 Engrossed - 33 - LRB103 37573 JRC 67699 b
1150-1 Records. Unless a court has entered a stay of an order
1151-2 granting a petition to seal, all parties entitled to
1152-3 notice of the petition must fully comply with the terms of
1153-4 the order within 60 days of service of the order even if a
1154-5 party is seeking relief from the order through a motion
1155-6 filed under paragraph (12) of this subsection (d) or is
1156-7 appealing the order.
1157-8 (15) Compliance with Order Granting Petition to
1158-9 Expunge Records. While a party is seeking relief from the
1159-10 order granting the petition to expunge through a motion
1160-11 filed under paragraph (12) of this subsection (d) or is
1161-12 appealing the order, and unless a court has entered a stay
1162-13 of that order, the parties entitled to notice of the
1163-14 petition must seal, but need not expunge, the records
1164-15 until there is a final order on the motion for relief or,
1165-16 in the case of an appeal, the issuance of that court's
1166-17 mandate.
1167-18 (16) The changes to this subsection (d) made by Public
1168-19 Act 98-163 apply to all petitions pending on August 5,
1169-20 2013 (the effective date of Public Act 98-163) and to all
1170-21 orders ruling on a petition to expunge or seal on or after
1171-22 August 5, 2013 (the effective date of Public Act 98-163).
1172-23 (e) Whenever a person who has been convicted of an offense
1173-24 is granted a pardon by the Governor which specifically
1174-25 authorizes expungement, he or she may, upon verified petition
1175-26 to the Chief Judge of the circuit where the person had been
1185+HB5023- 33 -LRB103 37573 JRC 67699 b HB5023 - 33 - LRB103 37573 JRC 67699 b
1186+ HB5023 - 33 - LRB103 37573 JRC 67699 b
1187+1 Clerks of Courts Act in connection with the arrest and
1188+2 conviction for the offense for which he or she had been
1189+3 pardoned but the order shall not affect any index issued by the
1190+4 circuit court clerk before the entry of the order. All records
1191+5 sealed by the Illinois State Police may be disseminated by the
1192+6 Illinois State Police only to the arresting authority, the
1193+7 State's Attorney, and the court upon a later arrest for the
1194+8 same or similar offense or for the purpose of sentencing for
1195+9 any subsequent felony. Upon conviction for any subsequent
1196+10 offense, the Department of Corrections shall have access to
1197+11 all sealed records of the Illinois State Police pertaining to
1198+12 that individual. Upon entry of the order of expungement, the
1199+13 circuit court clerk shall promptly mail a copy of the order to
1200+14 the person who was pardoned.
1201+15 (e-5) Whenever a person who has been convicted of an
1202+16 offense is granted a certificate of eligibility for sealing by
1203+17 the Prisoner Review Board which specifically authorizes
1204+18 sealing, he or she may, upon verified petition to the Chief
1205+19 Judge of the circuit where the person had been convicted, any
1206+20 judge of the circuit designated by the Chief Judge, or in
1207+21 counties of less than 3,000,000 inhabitants, the presiding
1208+22 trial judge at the petitioner's trial, have a court order
1209+23 entered sealing the record of arrest from the official records
1210+24 of the arresting authority and order that the records of the
1211+25 circuit court clerk and the Illinois State Police be impounded
1212+26 sealed until further order of the court upon good cause shown
11761213
11771214
11781215
11791216
11801217
1181- HB5023 Engrossed - 33 - LRB103 37573 JRC 67699 b
1218+ HB5023 - 33 - LRB103 37573 JRC 67699 b
11821219
11831220
1184-HB5023 Engrossed- 34 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 34 - LRB103 37573 JRC 67699 b
1185- HB5023 Engrossed - 34 - LRB103 37573 JRC 67699 b
1186-1 convicted, any judge of the circuit designated by the Chief
1187-2 Judge, or in counties of less than 3,000,000 inhabitants, the
1188-3 presiding trial judge at the defendant's trial, have a court
1189-4 order entered expunging the record of arrest from the official
1190-5 records of the arresting authority and order that the records
1191-6 of the circuit court clerk and the Illinois State Police be
1192-7 sealed until further order of the court upon good cause shown
1193-8 or as otherwise provided herein, and the name of the defendant
1194-9 obliterated from the official index requested to be kept by
1195-10 the circuit court clerk under Section 16 of the Clerks of
1196-11 Courts Act in connection with the arrest and conviction for
1197-12 the offense for which he or she had been pardoned but the order
1198-13 shall not affect any index issued by the circuit court clerk
1199-14 before the entry of the order. All records sealed by the
1200-15 Illinois State Police may be disseminated by the Illinois
1201-16 State Police only to the arresting authority, the State's
1202-17 Attorney, and the court upon a later arrest for the same or
1203-18 similar offense or for the purpose of sentencing for any
1204-19 subsequent felony. Upon conviction for any subsequent offense,
1205-20 the Department of Corrections shall have access to all sealed
1206-21 records of the Illinois State Police pertaining to that
1207-22 individual. Upon entry of the order of expungement, the
1208-23 circuit court clerk shall promptly mail a copy of the order to
1209-24 the person who was pardoned.
1210-25 (e-5) Whenever a person who has been convicted of an
1211-26 offense is granted a certificate of eligibility for sealing by
1221+HB5023- 34 -LRB103 37573 JRC 67699 b HB5023 - 34 - LRB103 37573 JRC 67699 b
1222+ HB5023 - 34 - LRB103 37573 JRC 67699 b
1223+1 or as otherwise provided herein, and the name of the
1224+2 petitioner obliterated from the official index requested to be
1225+3 kept by the circuit court clerk under Section 16 of the Clerks
1226+4 of Courts Act in connection with the arrest and conviction for
1227+5 the offense for which he or she had been granted the
1228+6 certificate but the order shall not affect any index issued by
1229+7 the circuit court clerk before the entry of the order. All
1230+8 records sealed by the Illinois State Police may be
1231+9 disseminated by the Illinois State Police only as required by
1232+10 this Act or to the arresting authority, a law enforcement
1233+11 agency, the State's Attorney, and the court upon a later
1234+12 arrest for the same or similar offense or for the purpose of
1235+13 sentencing for any subsequent felony. Upon conviction for any
1236+14 subsequent offense, the Department of Corrections shall have
1237+15 access to all sealed records of the Illinois State Police
1238+16 pertaining to that individual. Upon entry of the order of
1239+17 sealing, the circuit court clerk shall promptly mail a copy of
1240+18 the order to the person who was granted the certificate of
1241+19 eligibility for sealing.
1242+20 (e-6) Whenever a person who has been convicted of an
1243+21 offense is granted a certificate of eligibility for
1244+22 expungement by the Prisoner Review Board which specifically
1245+23 authorizes expungement, he or she may, upon verified petition
1246+24 to the Chief Judge of the circuit where the person had been
1247+25 convicted, any judge of the circuit designated by the Chief
1248+26 Judge, or in counties of less than 3,000,000 inhabitants, the
12121249
12131250
12141251
12151252
12161253
1217- HB5023 Engrossed - 34 - LRB103 37573 JRC 67699 b
1254+ HB5023 - 34 - LRB103 37573 JRC 67699 b
12181255
12191256
1220-HB5023 Engrossed- 35 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 35 - LRB103 37573 JRC 67699 b
1221- HB5023 Engrossed - 35 - LRB103 37573 JRC 67699 b
1222-1 the Prisoner Review Board which specifically authorizes
1223-2 sealing, he or she may, upon verified petition to the Chief
1224-3 Judge of the circuit where the person had been convicted, any
1225-4 judge of the circuit designated by the Chief Judge, or in
1226-5 counties of less than 3,000,000 inhabitants, the presiding
1227-6 trial judge at the petitioner's trial, have a court order
1228-7 entered sealing the record of arrest from the official records
1229-8 of the arresting authority and order that the records of the
1230-9 circuit court clerk and the Illinois State Police be sealed
1231-10 until further order of the court upon good cause shown or as
1232-11 otherwise provided herein, and the name of the petitioner
1233-12 obliterated from the official index requested to be kept by
1234-13 the circuit court clerk under Section 16 of the Clerks of
1235-14 Courts Act in connection with the arrest and conviction for
1236-15 the offense for which he or she had been granted the
1237-16 certificate but the order shall not affect any index issued by
1238-17 the circuit court clerk before the entry of the order. All
1239-18 records sealed by the Illinois State Police may be
1240-19 disseminated by the Illinois State Police only as required by
1241-20 this Act or to the arresting authority, a law enforcement
1242-21 agency, the State's Attorney, and the court upon a later
1243-22 arrest for the same or similar offense or for the purpose of
1244-23 sentencing for any subsequent felony. Upon conviction for any
1245-24 subsequent offense, the Department of Corrections shall have
1246-25 access to all sealed records of the Illinois State Police
1247-26 pertaining to that individual. Upon entry of the order of
1257+HB5023- 35 -LRB103 37573 JRC 67699 b HB5023 - 35 - LRB103 37573 JRC 67699 b
1258+ HB5023 - 35 - LRB103 37573 JRC 67699 b
1259+1 presiding trial judge at the petitioner's trial, have a court
1260+2 order entered expunging the record of arrest from the official
1261+3 records of the arresting authority and order that the records
1262+4 of the circuit court clerk and the Illinois State Police be
1263+5 impounded sealed until further order of the court upon good
1264+6 cause shown or as otherwise provided herein, and the name of
1265+7 the petitioner obliterated from the official index requested
1266+8 to be kept by the circuit court clerk under Section 16 of the
1267+9 Clerks of Courts Act in connection with the arrest and
1268+10 conviction for the offense for which he or she had been granted
1269+11 the certificate but the order shall not affect any index
1270+12 issued by the circuit court clerk before the entry of the
1271+13 order. All records sealed by the Illinois State Police may be
1272+14 disseminated by the Illinois State Police only as required by
1273+15 this Act or to the arresting authority, a law enforcement
1274+16 agency, the State's Attorney, and the court upon a later
1275+17 arrest for the same or similar offense or for the purpose of
1276+18 sentencing for any subsequent felony. Upon conviction for any
1277+19 subsequent offense, the Department of Corrections shall have
1278+20 access to all expunged records of the Illinois State Police
1279+21 pertaining to that individual. Upon entry of the order of
1280+22 expungement, the circuit court clerk shall promptly mail a
1281+23 copy of the order to the person who was granted the certificate
1282+24 of eligibility for expungement.
1283+25 (f) Subject to available funding, the Illinois Department
1284+26 of Corrections shall conduct a study of the impact of sealing,
12481285
12491286
12501287
12511288
12521289
1253- HB5023 Engrossed - 35 - LRB103 37573 JRC 67699 b
1290+ HB5023 - 35 - LRB103 37573 JRC 67699 b
12541291
12551292
1256-HB5023 Engrossed- 36 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 36 - LRB103 37573 JRC 67699 b
1257- HB5023 Engrossed - 36 - LRB103 37573 JRC 67699 b
1258-1 sealing, the circuit court clerk shall promptly mail a copy of
1259-2 the order to the person who was granted the certificate of
1260-3 eligibility for sealing.
1261-4 (e-6) Whenever a person who has been convicted of an
1262-5 offense is granted a certificate of eligibility for
1263-6 expungement by the Prisoner Review Board which specifically
1264-7 authorizes expungement, he or she may, upon verified petition
1265-8 to the Chief Judge of the circuit where the person had been
1266-9 convicted, any judge of the circuit designated by the Chief
1267-10 Judge, or in counties of less than 3,000,000 inhabitants, the
1268-11 presiding trial judge at the petitioner's trial, have a court
1269-12 order entered expunging the record of arrest from the official
1270-13 records of the arresting authority and order that the records
1271-14 of the circuit court clerk and the Illinois State Police be
1272-15 sealed until further order of the court upon good cause shown
1273-16 or as otherwise provided herein, and the name of the
1274-17 petitioner obliterated from the official index requested to be
1275-18 kept by the circuit court clerk under Section 16 of the Clerks
1276-19 of Courts Act in connection with the arrest and conviction for
1277-20 the offense for which he or she had been granted the
1278-21 certificate but the order shall not affect any index issued by
1279-22 the circuit court clerk before the entry of the order. All
1280-23 records sealed by the Illinois State Police may be
1281-24 disseminated by the Illinois State Police only as required by
1282-25 this Act or to the arresting authority, a law enforcement
1283-26 agency, the State's Attorney, and the court upon a later
1293+HB5023- 36 -LRB103 37573 JRC 67699 b HB5023 - 36 - LRB103 37573 JRC 67699 b
1294+ HB5023 - 36 - LRB103 37573 JRC 67699 b
1295+1 especially on employment and recidivism rates, utilizing a
1296+2 random sample of those who apply for the sealing of their
1297+3 criminal records under Public Act 93-211. At the request of
1298+4 the Illinois Department of Corrections, records of the
1299+5 Illinois Department of Employment Security shall be utilized
1300+6 as appropriate to assist in the study. The study shall not
1301+7 disclose any data in a manner that would allow the
1302+8 identification of any particular individual or employing unit.
1303+9 The study shall be made available to the General Assembly no
1304+10 later than September 1, 2010.
1305+11 (g) Immediate Sealing.
1306+12 (1) Applicability. Notwithstanding any other provision
1307+13 of this Act to the contrary, and cumulative with any
1308+14 rights to expungement or sealing of criminal records, this
1309+15 subsection authorizes the immediate sealing of criminal
1310+16 records of adults and of minors prosecuted as adults.
1311+17 (2) Eligible Records. Arrests or charges not initiated
1312+18 by arrest resulting in acquittal or dismissal with
1313+19 prejudice, except as excluded by subsection (a)(3)(B),
1314+20 that occur on or after January 1, 2018 (the effective date
1315+21 of Public Act 100-282), may be sealed immediately if the
1316+22 petition is filed with the circuit court clerk on the same
1317+23 day and during the same hearing in which the case is
1318+24 disposed.
1319+25 (3) When Records are Eligible to be Immediately
1320+26 Sealed. Eligible records under paragraph (2) of this
12841321
12851322
12861323
12871324
12881325
1289- HB5023 Engrossed - 36 - LRB103 37573 JRC 67699 b
1326+ HB5023 - 36 - LRB103 37573 JRC 67699 b
12901327
12911328
1292-HB5023 Engrossed- 37 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 37 - LRB103 37573 JRC 67699 b
1293- HB5023 Engrossed - 37 - LRB103 37573 JRC 67699 b
1294-1 arrest for the same or similar offense or for the purpose of
1295-2 sentencing for any subsequent felony. Upon conviction for any
1296-3 subsequent offense, the Department of Corrections shall have
1297-4 access to all expunged records of the Illinois State Police
1298-5 pertaining to that individual. Upon entry of the order of
1299-6 expungement, the circuit court clerk shall promptly mail a
1300-7 copy of the order to the person who was granted the certificate
1301-8 of eligibility for expungement.
1302-9 (f) Subject to available funding, the Illinois Department
1303-10 of Corrections shall conduct a study of the impact of sealing,
1304-11 especially on employment and recidivism rates, utilizing a
1305-12 random sample of those who apply for the sealing of their
1306-13 criminal records under Public Act 93-211. At the request of
1307-14 the Illinois Department of Corrections, records of the
1308-15 Illinois Department of Employment Security shall be utilized
1309-16 as appropriate to assist in the study. The study shall not
1310-17 disclose any data in a manner that would allow the
1311-18 identification of any particular individual or employing unit.
1312-19 The study shall be made available to the General Assembly no
1313-20 later than September 1, 2010.
1314-21 (g) Immediate Sealing.
1315-22 (1) Applicability. Notwithstanding any other provision
1316-23 of this Act to the contrary, and cumulative with any
1317-24 rights to expungement or sealing of criminal records, this
1318-25 subsection authorizes the immediate sealing of criminal
1319-26 records of adults and of minors prosecuted as adults.
1329+HB5023- 37 -LRB103 37573 JRC 67699 b HB5023 - 37 - LRB103 37573 JRC 67699 b
1330+ HB5023 - 37 - LRB103 37573 JRC 67699 b
1331+1 subsection (g) may be sealed immediately after entry of
1332+2 the final disposition of a case, notwithstanding the
1333+3 disposition of other charges in the same case.
1334+4 (4) Notice of Eligibility for Immediate Sealing. Upon
1335+5 entry of a disposition for an eligible record under this
1336+6 subsection (g), the defendant shall be informed by the
1337+7 court of his or her right to have eligible records
1338+8 immediately sealed and the procedure for the immediate
1339+9 sealing of these records.
1340+10 (5) Procedure. The following procedures apply to
1341+11 immediate sealing under this subsection (g).
1342+12 (A) Filing the Petition. Upon entry of the final
1343+13 disposition of the case, the defendant's attorney may
1344+14 immediately petition the court, on behalf of the
1345+15 defendant, for immediate sealing of eligible records
1346+16 under paragraph (2) of this subsection (g) that are
1347+17 entered on or after January 1, 2018 (the effective
1348+18 date of Public Act 100-282). The immediate sealing
1349+19 petition may be filed with the circuit court clerk
1350+20 during the hearing in which the final disposition of
1351+21 the case is entered. If the defendant's attorney does
1352+22 not file the petition for immediate sealing during the
1353+23 hearing, the defendant may file a petition for sealing
1354+24 at any time as authorized under subsection (c)(3)(A).
1355+25 (B) Contents of Petition. The immediate sealing
1356+26 petition shall be verified and shall contain the
13201357
13211358
13221359
13231360
13241361
1325- HB5023 Engrossed - 37 - LRB103 37573 JRC 67699 b
1362+ HB5023 - 37 - LRB103 37573 JRC 67699 b
13261363
13271364
1328-HB5023 Engrossed- 38 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 38 - LRB103 37573 JRC 67699 b
1329- HB5023 Engrossed - 38 - LRB103 37573 JRC 67699 b
1330-1 (2) Eligible Records. Arrests or charges not initiated
1331-2 by arrest resulting in acquittal or dismissal with
1332-3 prejudice, except as excluded by subsection (a)(3)(B),
1333-4 that occur on or after January 1, 2018 (the effective date
1334-5 of Public Act 100-282), may be sealed immediately if the
1335-6 petition is filed with the circuit court clerk on the same
1336-7 day and during the same hearing in which the case is
1337-8 disposed.
1338-9 (3) When Records are Eligible to be Immediately
1339-10 Sealed. Eligible records under paragraph (2) of this
1340-11 subsection (g) may be sealed immediately after entry of
1341-12 the final disposition of a case, notwithstanding the
1342-13 disposition of other charges in the same case.
1343-14 (4) Notice of Eligibility for Immediate Sealing. Upon
1344-15 entry of a disposition for an eligible record under this
1345-16 subsection (g), the defendant shall be informed by the
1346-17 court of his or her right to have eligible records
1347-18 immediately sealed and the procedure for the immediate
1348-19 sealing of these records.
1349-20 (5) Procedure. The following procedures apply to
1350-21 immediate sealing under this subsection (g).
1351-22 (A) Filing the Petition. Upon entry of the final
1352-23 disposition of the case, the defendant's attorney may
1353-24 immediately petition the court, on behalf of the
1354-25 defendant, for immediate sealing of eligible records
1355-26 under paragraph (2) of this subsection (g) that are
1365+HB5023- 38 -LRB103 37573 JRC 67699 b HB5023 - 38 - LRB103 37573 JRC 67699 b
1366+ HB5023 - 38 - LRB103 37573 JRC 67699 b
1367+1 petitioner's name, date of birth, current address, and
1368+2 for each eligible record, the case number, the date of
1369+3 arrest if applicable, the identity of the arresting
1370+4 authority if applicable, and other information as the
1371+5 court may require.
1372+6 (C) Drug Test. The petitioner shall not be
1373+7 required to attach proof that he or she has passed a
1374+8 drug test.
1375+9 (D) Service of Petition. A copy of the petition
1376+10 shall be served on the State's Attorney in open court.
1377+11 The petitioner shall not be required to serve a copy of
1378+12 the petition on any other agency.
1379+13 (E) Entry of Order. The presiding trial judge
1380+14 shall enter an order granting or denying the petition
1381+15 for immediate sealing during the hearing in which it
1382+16 is filed. Petitions for immediate sealing shall be
1383+17 ruled on in the same hearing in which the final
1384+18 disposition of the case is entered.
1385+19 (F) Hearings. The court shall hear the petition
1386+20 for immediate sealing on the same day and during the
1387+21 same hearing in which the disposition is rendered.
1388+22 (G) Service of Order. An order to immediately seal
1389+23 eligible records shall be served in conformance with
1390+24 subsection (d)(8).
1391+25 (H) Implementation of Order. An order to
1392+26 immediately seal records shall be implemented in
13561393
13571394
13581395
13591396
13601397
1361- HB5023 Engrossed - 38 - LRB103 37573 JRC 67699 b
1398+ HB5023 - 38 - LRB103 37573 JRC 67699 b
13621399
13631400
1364-HB5023 Engrossed- 39 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 39 - LRB103 37573 JRC 67699 b
1365- HB5023 Engrossed - 39 - LRB103 37573 JRC 67699 b
1366-1 entered on or after January 1, 2018 (the effective
1367-2 date of Public Act 100-282). The immediate sealing
1368-3 petition may be filed with the circuit court clerk
1369-4 during the hearing in which the final disposition of
1370-5 the case is entered. If the defendant's attorney does
1371-6 not file the petition for immediate sealing during the
1372-7 hearing, the defendant may file a petition for sealing
1373-8 at any time as authorized under subsection (c)(3)(A).
1374-9 (B) Contents of Petition. The immediate sealing
1375-10 petition shall be verified and shall contain the
1376-11 petitioner's name, date of birth, current address, and
1377-12 for each eligible record, the case number, the date of
1378-13 arrest if applicable, the identity of the arresting
1379-14 authority if applicable, and other information as the
1380-15 court may require.
1381-16 (C) Drug Test. The petitioner shall not be
1382-17 required to attach proof that he or she has passed a
1383-18 drug test.
1384-19 (D) Service of Petition. A copy of the petition
1385-20 shall be served on the State's Attorney in open court.
1386-21 The petitioner shall not be required to serve a copy of
1387-22 the petition on any other agency.
1388-23 (E) Entry of Order. The presiding trial judge
1389-24 shall enter an order granting or denying the petition
1390-25 for immediate sealing during the hearing in which it
1391-26 is filed. Petitions for immediate sealing shall be
1401+HB5023- 39 -LRB103 37573 JRC 67699 b HB5023 - 39 - LRB103 37573 JRC 67699 b
1402+ HB5023 - 39 - LRB103 37573 JRC 67699 b
1403+1 conformance with subsections (d)(9)(C) and (d)(9)(D).
1404+2 (I) Fees. The fee imposed by the circuit court
1405+3 clerk and the Illinois State Police shall comply with
1406+4 paragraph (1) of subsection (d) of this Section.
1407+5 (J) Final Order. No court order issued under this
1408+6 subsection (g) shall become final for purposes of
1409+7 appeal until 30 days after service of the order on the
1410+8 petitioner and all parties entitled to service of the
1411+9 order in conformance with subsection (d)(8).
1412+10 (K) Motion to Vacate, Modify, or Reconsider. Under
1413+11 Section 2-1203 of the Code of Civil Procedure, the
1414+12 petitioner, State's Attorney, or the Illinois State
1415+13 Police may file a motion to vacate, modify, or
1416+14 reconsider the order denying the petition to
1417+15 immediately seal within 60 days of service of the
1418+16 order. If filed more than 60 days after service of the
1419+17 order, a petition to vacate, modify, or reconsider
1420+18 shall comply with subsection (c) of Section 2-1401 of
1421+19 the Code of Civil Procedure.
1422+20 (L) Effect of Order. An order granting an
1423+21 immediate sealing petition shall not be considered
1424+22 void because it fails to comply with the provisions of
1425+23 this Section or because of an error asserted in a
1426+24 motion to vacate, modify, or reconsider. The circuit
1427+25 court retains jurisdiction to determine whether the
1428+26 order is voidable, and to vacate, modify, or
13921429
13931430
13941431
13951432
13961433
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1434+ HB5023 - 39 - LRB103 37573 JRC 67699 b
13981435
13991436
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1401- HB5023 Engrossed - 40 - LRB103 37573 JRC 67699 b
1402-1 ruled on in the same hearing in which the final
1403-2 disposition of the case is entered.
1404-3 (F) Hearings. The court shall hear the petition
1405-4 for immediate sealing on the same day and during the
1406-5 same hearing in which the disposition is rendered.
1407-6 (G) Service of Order. An order to immediately seal
1408-7 eligible records shall be served in conformance with
1409-8 subsection (d)(8).
1410-9 (H) Implementation of Order. An order to
1411-10 immediately seal records shall be implemented in
1412-11 conformance with subsections (d)(9)(C) and (d)(9)(D).
1413-12 (I) Fees. The fee imposed by the circuit court
1414-13 clerk and the Illinois State Police shall comply with
1415-14 paragraph (1) of subsection (d) of this Section.
1416-15 (J) Final Order. No court order issued under this
1417-16 subsection (g) shall become final for purposes of
1418-17 appeal until 30 days after service of the order on the
1419-18 petitioner and all parties entitled to service of the
1420-19 order in conformance with subsection (d)(8).
1421-20 (K) Motion to Vacate, Modify, or Reconsider. Under
1422-21 Section 2-1203 of the Code of Civil Procedure, the
1423-22 petitioner, State's Attorney, or the Illinois State
1424-23 Police may file a motion to vacate, modify, or
1425-24 reconsider the order denying the petition to
1426-25 immediately seal within 60 days of service of the
1427-26 order. If filed more than 60 days after service of the
1437+HB5023- 40 -LRB103 37573 JRC 67699 b HB5023 - 40 - LRB103 37573 JRC 67699 b
1438+ HB5023 - 40 - LRB103 37573 JRC 67699 b
1439+1 reconsider its terms based on a motion filed under
1440+2 subparagraph (L) of this subsection (g).
1441+3 (M) Compliance with Order Granting Petition to
1442+4 Seal Records. Unless a court has entered a stay of an
1443+5 order granting a petition to immediately seal, all
1444+6 parties entitled to service of the order must fully
1445+7 comply with the terms of the order within 60 days of
1446+8 service of the order.
1447+9 (h) Sealing or vacation and expungement of trafficking
1448+10 victims' crimes.
1449+11 (1) A trafficking victim, as defined by paragraph (10)
1450+12 of subsection (a) of Section 10-9 of the Criminal Code of
1451+13 2012, may petition for vacation and expungement or
1452+14 immediate sealing of his or her criminal record upon the
1453+15 completion of his or her last sentence if his or her
1454+16 participation in the underlying offense was a result of
1455+17 human trafficking under Section 10-9 of the Criminal Code
1456+18 of 2012 or a severe form of trafficking under the federal
1457+19 Trafficking Victims Protection Act.
1458+20 (1.5) A petition under paragraph (1) shall be
1459+21 prepared, signed, and filed in accordance with Supreme
1460+22 Court Rule 9. The court may allow the petitioner to attend
1461+23 any required hearing remotely in accordance with local
1462+24 rules. The court may allow a petition to be filed under
1463+25 seal if the public filing of the petition would constitute
1464+26 a risk of harm to the petitioner.
14281465
14291466
14301467
14311468
14321469
1433- HB5023 Engrossed - 40 - LRB103 37573 JRC 67699 b
1470+ HB5023 - 40 - LRB103 37573 JRC 67699 b
14341471
14351472
1436-HB5023 Engrossed- 41 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 41 - LRB103 37573 JRC 67699 b
1437- HB5023 Engrossed - 41 - LRB103 37573 JRC 67699 b
1438-1 order, a petition to vacate, modify, or reconsider
1439-2 shall comply with subsection (c) of Section 2-1401 of
1440-3 the Code of Civil Procedure.
1441-4 (L) Effect of Order. An order granting an
1442-5 immediate sealing petition shall not be considered
1443-6 void because it fails to comply with the provisions of
1444-7 this Section or because of an error asserted in a
1445-8 motion to vacate, modify, or reconsider. The circuit
1446-9 court retains jurisdiction to determine whether the
1447-10 order is voidable, and to vacate, modify, or
1448-11 reconsider its terms based on a motion filed under
1449-12 subparagraph (L) of this subsection (g).
1450-13 (M) Compliance with Order Granting Petition to
1451-14 Seal Records. Unless a court has entered a stay of an
1452-15 order granting a petition to immediately seal, all
1453-16 parties entitled to service of the order must fully
1454-17 comply with the terms of the order within 60 days of
1455-18 service of the order.
1456-19 (h) Sealing or vacation and expungement of trafficking
1457-20 victims' crimes.
1458-21 (1) A trafficking victim, as defined by paragraph (10)
1459-22 of subsection (a) of Section 10-9 of the Criminal Code of
1460-23 2012, may petition for vacation and expungement or
1461-24 immediate sealing of his or her criminal record upon the
1462-25 completion of his or her last sentence if his or her
1463-26 participation in the underlying offense was a result of
1473+HB5023- 41 -LRB103 37573 JRC 67699 b HB5023 - 41 - LRB103 37573 JRC 67699 b
1474+ HB5023 - 41 - LRB103 37573 JRC 67699 b
1475+1 (2) A petitioner under this subsection (h), in
1476+2 addition to the requirements provided under paragraph (4)
1477+3 of subsection (d) of this Section, shall include in his or
1478+4 her petition a clear and concise statement that: (A) he or
1479+5 she was a victim of human trafficking at the time of the
1480+6 offense; and (B) that his or her participation in the
1481+7 offense was a result of human trafficking under Section
1482+8 10-9 of the Criminal Code of 2012 or a severe form of
1483+9 trafficking under the federal Trafficking Victims
1484+10 Protection Act.
1485+11 (3) If an objection is filed alleging that the
1486+12 petitioner is not entitled to vacation and expungement or
1487+13 immediate sealing under this subsection (h), the court
1488+14 shall conduct a hearing under paragraph (7) of subsection
1489+15 (d) of this Section and the court shall determine whether
1490+16 the petitioner is entitled to vacation and expungement or
1491+17 immediate sealing under this subsection (h). A petitioner
1492+18 is eligible for vacation and expungement or immediate
1493+19 relief under this subsection (h) if he or she shows, by a
1494+20 preponderance of the evidence, that: (A) he or she was a
1495+21 victim of human trafficking at the time of the offense;
1496+22 and (B) that his or her participation in the offense was a
1497+23 result of human trafficking under Section 10-9 of the
1498+24 Criminal Code of 2012 or a severe form of trafficking
1499+25 under the federal Trafficking Victims Protection Act.
1500+26 (i) Minor Cannabis Offenses under the Cannabis Control
14641501
14651502
14661503
14671504
14681505
1469- HB5023 Engrossed - 41 - LRB103 37573 JRC 67699 b
1506+ HB5023 - 41 - LRB103 37573 JRC 67699 b
14701507
14711508
1472-HB5023 Engrossed- 42 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 42 - LRB103 37573 JRC 67699 b
1473- HB5023 Engrossed - 42 - LRB103 37573 JRC 67699 b
1474-1 human trafficking under Section 10-9 of the Criminal Code
1475-2 of 2012 or a severe form of trafficking under the federal
1476-3 Trafficking Victims Protection Act.
1477-4 (1.5) A petition under paragraph (1) shall be
1478-5 prepared, signed, and filed in accordance with Supreme
1479-6 Court Rule 9. The court may allow the petitioner to attend
1480-7 any required hearing remotely in accordance with local
1481-8 rules. The court may allow a petition to be filed under
1482-9 seal if the public filing of the petition would constitute
1483-10 a risk of harm to the petitioner.
1484-11 (2) A petitioner under this subsection (h), in
1485-12 addition to the requirements provided under paragraph (4)
1486-13 of subsection (d) of this Section, shall include in his or
1487-14 her petition a clear and concise statement that: (A) he or
1488-15 she was a victim of human trafficking at the time of the
1489-16 offense; and (B) that his or her participation in the
1490-17 offense was a result of human trafficking under Section
1491-18 10-9 of the Criminal Code of 2012 or a severe form of
1492-19 trafficking under the federal Trafficking Victims
1493-20 Protection Act.
1494-21 (3) If an objection is filed alleging that the
1495-22 petitioner is not entitled to vacation and expungement or
1496-23 immediate sealing under this subsection (h), the court
1497-24 shall conduct a hearing under paragraph (7) of subsection
1498-25 (d) of this Section and the court shall determine whether
1499-26 the petitioner is entitled to vacation and expungement or
1509+HB5023- 42 -LRB103 37573 JRC 67699 b HB5023 - 42 - LRB103 37573 JRC 67699 b
1510+ HB5023 - 42 - LRB103 37573 JRC 67699 b
1511+1 Act.
1512+2 (1) Expungement of Arrest Records of Minor Cannabis
1513+3 Offenses.
1514+4 (A) The Illinois State Police and all law
1515+5 enforcement agencies within the State shall
1516+6 automatically expunge all criminal history records of
1517+7 an arrest, charge not initiated by arrest, order of
1518+8 supervision, or order of qualified probation for a
1519+9 Minor Cannabis Offense committed prior to June 25,
1520+10 2019 (the effective date of Public Act 101-27) if:
1521+11 (i) One year or more has elapsed since the
1522+12 date of the arrest or law enforcement interaction
1523+13 documented in the records; and
1524+14 (ii) No criminal charges were filed relating
1525+15 to the arrest or law enforcement interaction or
1526+16 criminal charges were filed and subsequently
1527+17 dismissed or vacated or the arrestee was
1528+18 acquitted.
1529+19 (B) If the law enforcement agency is unable to
1530+20 verify satisfaction of condition (ii) in paragraph
1531+21 (A), records that satisfy condition (i) in paragraph
1532+22 (A) shall be automatically expunged.
1533+23 (C) Records shall be expunged by the law
1534+24 enforcement agency under the following timelines:
1535+25 (i) Records created prior to June 25, 2019
1536+26 (the effective date of Public Act 101-27), but on
15001537
15011538
15021539
15031540
15041541
1505- HB5023 Engrossed - 42 - LRB103 37573 JRC 67699 b
1542+ HB5023 - 42 - LRB103 37573 JRC 67699 b
15061543
15071544
1508-HB5023 Engrossed- 43 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 43 - LRB103 37573 JRC 67699 b
1509- HB5023 Engrossed - 43 - LRB103 37573 JRC 67699 b
1510-1 immediate sealing under this subsection (h). A petitioner
1511-2 is eligible for vacation and expungement or immediate
1512-3 relief under this subsection (h) if he or she shows, by a
1513-4 preponderance of the evidence, that: (A) he or she was a
1514-5 victim of human trafficking at the time of the offense;
1515-6 and (B) that his or her participation in the offense was a
1516-7 result of human trafficking under Section 10-9 of the
1517-8 Criminal Code of 2012 or a severe form of trafficking
1518-9 under the federal Trafficking Victims Protection Act.
1519-10 (i) Minor Cannabis Offenses under the Cannabis Control
1520-11 Act.
1521-12 (1) Expungement of Arrest Records of Minor Cannabis
1522-13 Offenses.
1523-14 (A) The Illinois State Police and all law
1524-15 enforcement agencies within the State shall
1525-16 automatically expunge all criminal history records of
1526-17 an arrest, charge not initiated by arrest, order of
1527-18 supervision, or order of qualified probation for a
1528-19 Minor Cannabis Offense committed prior to June 25,
1529-20 2019 (the effective date of Public Act 101-27) if:
1530-21 (i) One year or more has elapsed since the
1531-22 date of the arrest or law enforcement interaction
1532-23 documented in the records; and
1533-24 (ii) No criminal charges were filed relating
1534-25 to the arrest or law enforcement interaction or
1535-26 criminal charges were filed and subsequently
1545+HB5023- 43 -LRB103 37573 JRC 67699 b HB5023 - 43 - LRB103 37573 JRC 67699 b
1546+ HB5023 - 43 - LRB103 37573 JRC 67699 b
1547+1 or after January 1, 2013, shall be automatically
1548+2 expunged prior to January 1, 2021;
1549+3 (ii) Records created prior to January 1, 2013,
1550+4 but on or after January 1, 2000, shall be
1551+5 automatically expunged prior to January 1, 2023;
1552+6 (iii) Records created prior to January 1, 2000
1553+7 shall be automatically expunged prior to January
1554+8 1, 2025.
1555+9 In response to an inquiry for expunged records,
1556+10 the law enforcement agency receiving such inquiry
1557+11 shall reply as it does in response to inquiries when no
1558+12 records ever existed; however, it shall provide a
1559+13 certificate of disposition or confirmation that the
1560+14 record was expunged to the individual whose record was
1561+15 expunged if such a record exists.
1562+16 (D) Nothing in this Section shall be construed to
1563+17 restrict or modify an individual's right to have that
1564+18 individual's records expunged except as otherwise may
1565+19 be provided in this Act, or diminish or abrogate any
1566+20 rights or remedies otherwise available to the
1567+21 individual.
1568+22 (2) Pardons Authorizing Expungement of Minor Cannabis
1569+23 Offenses.
1570+24 (A) Upon June 25, 2019 (the effective date of
1571+25 Public Act 101-27), the Department of State Police
1572+26 shall review all criminal history record information
15361573
15371574
15381575
15391576
15401577
1541- HB5023 Engrossed - 43 - LRB103 37573 JRC 67699 b
1578+ HB5023 - 43 - LRB103 37573 JRC 67699 b
15421579
15431580
1544-HB5023 Engrossed- 44 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 44 - LRB103 37573 JRC 67699 b
1545- HB5023 Engrossed - 44 - LRB103 37573 JRC 67699 b
1546-1 dismissed or vacated or the arrestee was
1547-2 acquitted.
1548-3 (B) If the law enforcement agency is unable to
1549-4 verify satisfaction of condition (ii) in paragraph
1550-5 (A), records that satisfy condition (i) in paragraph
1551-6 (A) shall be automatically expunged.
1552-7 (C) Records shall be expunged by the law
1553-8 enforcement agency under the following timelines:
1554-9 (i) Records created prior to June 25, 2019
1555-10 (the effective date of Public Act 101-27), but on
1556-11 or after January 1, 2013, shall be automatically
1557-12 expunged prior to January 1, 2021;
1558-13 (ii) Records created prior to January 1, 2013,
1559-14 but on or after January 1, 2000, shall be
1560-15 automatically expunged prior to January 1, 2023;
1561-16 (iii) Records created prior to January 1, 2000
1562-17 shall be automatically expunged prior to January
1563-18 1, 2025.
1564-19 In response to an inquiry for expunged records,
1565-20 the law enforcement agency receiving such inquiry
1566-21 shall reply as it does in response to inquiries when no
1567-22 records ever existed; however, it shall provide a
1568-23 certificate of disposition or confirmation that the
1569-24 record was expunged to the individual whose record was
1570-25 expunged if such a record exists.
1571-26 (D) Nothing in this Section shall be construed to
1581+HB5023- 44 -LRB103 37573 JRC 67699 b HB5023 - 44 - LRB103 37573 JRC 67699 b
1582+ HB5023 - 44 - LRB103 37573 JRC 67699 b
1583+1 and identify all records that meet all of the
1584+2 following criteria:
1585+3 (i) one or more convictions for a Minor
1586+4 Cannabis Offense;
1587+5 (ii) the conviction identified in paragraph
1588+6 (2)(A)(i) did not include a penalty enhancement
1589+7 under Section 7 of the Cannabis Control Act; and
1590+8 (iii) the conviction identified in paragraph
1591+9 (2)(A)(i) is not associated with a conviction for
1592+10 a violent crime as defined in subsection (c) of
1593+11 Section 3 of the Rights of Crime Victims and
1594+12 Witnesses Act.
1595+13 (B) Within 180 days after June 25, 2019 (the
1596+14 effective date of Public Act 101-27), the Department
1597+15 of State Police shall notify the Prisoner Review Board
1598+16 of all such records that meet the criteria established
1599+17 in paragraph (2)(A).
1600+18 (i) The Prisoner Review Board shall notify the
1601+19 State's Attorney of the county of conviction of
1602+20 each record identified by State Police in
1603+21 paragraph (2)(A) that is classified as a Class 4
1604+22 felony. The State's Attorney may provide a written
1605+23 objection to the Prisoner Review Board on the sole
1606+24 basis that the record identified does not meet the
1607+25 criteria established in paragraph (2)(A). Such an
1608+26 objection must be filed within 60 days or by such
15721609
15731610
15741611
15751612
15761613
1577- HB5023 Engrossed - 44 - LRB103 37573 JRC 67699 b
1614+ HB5023 - 44 - LRB103 37573 JRC 67699 b
15781615
15791616
1580-HB5023 Engrossed- 45 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 45 - LRB103 37573 JRC 67699 b
1581- HB5023 Engrossed - 45 - LRB103 37573 JRC 67699 b
1582-1 restrict or modify an individual's right to have that
1583-2 individual's records expunged except as otherwise may
1584-3 be provided in this Act, or diminish or abrogate any
1585-4 rights or remedies otherwise available to the
1586-5 individual.
1587-6 (2) Pardons Authorizing Expungement of Minor Cannabis
1588-7 Offenses.
1589-8 (A) Upon June 25, 2019 (the effective date of
1590-9 Public Act 101-27), the Department of State Police
1591-10 shall review all criminal history record information
1592-11 and identify all records that meet all of the
1593-12 following criteria:
1594-13 (i) one or more convictions for a Minor
1595-14 Cannabis Offense;
1596-15 (ii) the conviction identified in paragraph
1597-16 (2)(A)(i) did not include a penalty enhancement
1598-17 under Section 7 of the Cannabis Control Act; and
1599-18 (iii) the conviction identified in paragraph
1600-19 (2)(A)(i) is not associated with a conviction for
1601-20 a violent crime as defined in subsection (c) of
1602-21 Section 3 of the Rights of Crime Victims and
1603-22 Witnesses Act.
1604-23 (B) Within 180 days after June 25, 2019 (the
1605-24 effective date of Public Act 101-27), the Department
1606-25 of State Police shall notify the Prisoner Review Board
1607-26 of all such records that meet the criteria established
1617+HB5023- 45 -LRB103 37573 JRC 67699 b HB5023 - 45 - LRB103 37573 JRC 67699 b
1618+ HB5023 - 45 - LRB103 37573 JRC 67699 b
1619+1 later date set by the Prisoner Review Board in the
1620+2 notice after the State's Attorney received notice
1621+3 from the Prisoner Review Board.
1622+4 (ii) In response to a written objection from a
1623+5 State's Attorney, the Prisoner Review Board is
1624+6 authorized to conduct a non-public hearing to
1625+7 evaluate the information provided in the
1626+8 objection.
1627+9 (iii) The Prisoner Review Board shall make a
1628+10 confidential and privileged recommendation to the
1629+11 Governor as to whether to grant a pardon
1630+12 authorizing expungement for each of the records
1631+13 identified by the Department of State Police as
1632+14 described in paragraph (2)(A).
1633+15 (C) If an individual has been granted a pardon
1634+16 authorizing expungement as described in this Section,
1635+17 the Prisoner Review Board, through the Attorney
1636+18 General, shall file a petition for expungement with
1637+19 the Chief Judge of the circuit or any judge of the
1638+20 circuit designated by the Chief Judge where the
1639+21 individual had been convicted. Such petition may
1640+22 include more than one individual. Whenever an
1641+23 individual who has been convicted of an offense is
1642+24 granted a pardon by the Governor that specifically
1643+25 authorizes expungement, an objection to the petition
1644+26 may not be filed. Petitions to expunge under this
16081645
16091646
16101647
16111648
16121649
1613- HB5023 Engrossed - 45 - LRB103 37573 JRC 67699 b
1650+ HB5023 - 45 - LRB103 37573 JRC 67699 b
16141651
16151652
1616-HB5023 Engrossed- 46 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 46 - LRB103 37573 JRC 67699 b
1617- HB5023 Engrossed - 46 - LRB103 37573 JRC 67699 b
1618-1 in paragraph (2)(A).
1619-2 (i) The Prisoner Review Board shall notify the
1620-3 State's Attorney of the county of conviction of
1621-4 each record identified by State Police in
1622-5 paragraph (2)(A) that is classified as a Class 4
1623-6 felony. The State's Attorney may provide a written
1624-7 objection to the Prisoner Review Board on the sole
1625-8 basis that the record identified does not meet the
1626-9 criteria established in paragraph (2)(A). Such an
1627-10 objection must be filed within 60 days or by such
1628-11 later date set by the Prisoner Review Board in the
1629-12 notice after the State's Attorney received notice
1630-13 from the Prisoner Review Board.
1631-14 (ii) In response to a written objection from a
1632-15 State's Attorney, the Prisoner Review Board is
1633-16 authorized to conduct a non-public hearing to
1634-17 evaluate the information provided in the
1635-18 objection.
1636-19 (iii) The Prisoner Review Board shall make a
1637-20 confidential and privileged recommendation to the
1638-21 Governor as to whether to grant a pardon
1639-22 authorizing expungement for each of the records
1640-23 identified by the Department of State Police as
1641-24 described in paragraph (2)(A).
1642-25 (C) If an individual has been granted a pardon
1643-26 authorizing expungement as described in this Section,
1653+HB5023- 46 -LRB103 37573 JRC 67699 b HB5023 - 46 - LRB103 37573 JRC 67699 b
1654+ HB5023 - 46 - LRB103 37573 JRC 67699 b
1655+1 subsection (i) may include more than one individual.
1656+2 Within 90 days of the filing of such a petition, the
1657+3 court shall enter an order expunging the records of
1658+4 arrest from the official records of the arresting
1659+5 authority and order that the records of the circuit
1660+6 court clerk and the Illinois State Police be expunged
1661+7 and the name of the defendant obliterated from the
1662+8 official index requested to be kept by the circuit
1663+9 court clerk under Section 16 of the Clerks of Courts
1664+10 Act in connection with the arrest and conviction for
1665+11 the offense for which the individual had received a
1666+12 pardon but the order shall not affect any index issued
1667+13 by the circuit court clerk before the entry of the
1668+14 order. Upon entry of the order of expungement, the
1669+15 circuit court clerk shall promptly provide a copy of
1670+16 the order and a certificate of disposition to the
1671+17 individual who was pardoned to the individual's last
1672+18 known address or by electronic means (if available) or
1673+19 otherwise make it available to the individual upon
1674+20 request.
1675+21 (D) Nothing in this Section is intended to
1676+22 diminish or abrogate any rights or remedies otherwise
1677+23 available to the individual.
1678+24 (3) Any individual may file a motion to vacate and
1679+25 expunge a conviction for a misdemeanor or Class 4 felony
1680+26 violation of Section 4 or Section 5 of the Cannabis
16441681
16451682
16461683
16471684
16481685
1649- HB5023 Engrossed - 46 - LRB103 37573 JRC 67699 b
1686+ HB5023 - 46 - LRB103 37573 JRC 67699 b
16501687
16511688
1652-HB5023 Engrossed- 47 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 47 - LRB103 37573 JRC 67699 b
1653- HB5023 Engrossed - 47 - LRB103 37573 JRC 67699 b
1654-1 the Prisoner Review Board, through the Attorney
1655-2 General, shall file a petition for expungement with
1656-3 the Chief Judge of the circuit or any judge of the
1657-4 circuit designated by the Chief Judge where the
1658-5 individual had been convicted. Such petition may
1659-6 include more than one individual. Whenever an
1660-7 individual who has been convicted of an offense is
1661-8 granted a pardon by the Governor that specifically
1662-9 authorizes expungement, an objection to the petition
1663-10 may not be filed. Petitions to expunge under this
1664-11 subsection (i) may include more than one individual.
1665-12 Within 90 days of the filing of such a petition, the
1666-13 court shall enter an order expunging the records of
1667-14 arrest from the official records of the arresting
1668-15 authority and order that the records of the circuit
1669-16 court clerk and the Illinois State Police be expunged
1670-17 and the name of the defendant obliterated from the
1671-18 official index requested to be kept by the circuit
1672-19 court clerk under Section 16 of the Clerks of Courts
1673-20 Act in connection with the arrest and conviction for
1674-21 the offense for which the individual had received a
1675-22 pardon but the order shall not affect any index issued
1676-23 by the circuit court clerk before the entry of the
1677-24 order. Upon entry of the order of expungement, the
1678-25 circuit court clerk shall promptly provide a copy of
1679-26 the order and a certificate of disposition to the
1689+HB5023- 47 -LRB103 37573 JRC 67699 b HB5023 - 47 - LRB103 37573 JRC 67699 b
1690+ HB5023 - 47 - LRB103 37573 JRC 67699 b
1691+1 Control Act. Motions to vacate and expunge under this
1692+2 subsection (i) may be filed with the circuit court, Chief
1693+3 Judge of a judicial circuit or any judge of the circuit
1694+4 designated by the Chief Judge. The circuit court clerk
1695+5 shall promptly serve a copy of the motion to vacate and
1696+6 expunge, and any supporting documentation, on the State's
1697+7 Attorney or prosecutor charged with the duty of
1698+8 prosecuting the offense. When considering such a motion to
1699+9 vacate and expunge, a court shall consider the following:
1700+10 the reasons to retain the records provided by law
1701+11 enforcement, the petitioner's age, the petitioner's age at
1702+12 the time of offense, the time since the conviction, and
1703+13 the specific adverse consequences if denied. An individual
1704+14 may file such a petition after the completion of any
1705+15 non-financial sentence or non-financial condition imposed
1706+16 by the conviction. Within 60 days of the filing of such
1707+17 motion, a State's Attorney may file an objection to such a
1708+18 petition along with supporting evidence. If a motion to
1709+19 vacate and expunge is granted, the records shall be
1710+20 expunged in accordance with subparagraphs (d)(8) and
1711+21 (d)(9)(A) of this Section. An agency providing civil legal
1712+22 aid, as defined by Section 15 of the Public Interest
1713+23 Attorney Assistance Act, assisting individuals seeking to
1714+24 file a motion to vacate and expunge under this subsection
1715+25 may file motions to vacate and expunge with the Chief
1716+26 Judge of a judicial circuit or any judge of the circuit
16801717
16811718
16821719
16831720
16841721
1685- HB5023 Engrossed - 47 - LRB103 37573 JRC 67699 b
1722+ HB5023 - 47 - LRB103 37573 JRC 67699 b
16861723
16871724
1688-HB5023 Engrossed- 48 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 48 - LRB103 37573 JRC 67699 b
1689- HB5023 Engrossed - 48 - LRB103 37573 JRC 67699 b
1690-1 individual who was pardoned to the individual's last
1691-2 known address or by electronic means (if available) or
1692-3 otherwise make it available to the individual upon
1693-4 request.
1694-5 (D) Nothing in this Section is intended to
1695-6 diminish or abrogate any rights or remedies otherwise
1696-7 available to the individual.
1697-8 (3) Any individual may file a motion to vacate and
1698-9 expunge a conviction for a misdemeanor or Class 4 felony
1699-10 violation of Section 4 or Section 5 of the Cannabis
1700-11 Control Act. Motions to vacate and expunge under this
1701-12 subsection (i) may be filed with the circuit court, Chief
1702-13 Judge of a judicial circuit or any judge of the circuit
1703-14 designated by the Chief Judge. The circuit court clerk
1704-15 shall promptly serve a copy of the motion to vacate and
1705-16 expunge, and any supporting documentation, on the State's
1706-17 Attorney or prosecutor charged with the duty of
1707-18 prosecuting the offense. When considering such a motion to
1708-19 vacate and expunge, a court shall consider the following:
1709-20 the reasons to retain the records provided by law
1710-21 enforcement, the petitioner's age, the petitioner's age at
1711-22 the time of offense, the time since the conviction, and
1712-23 the specific adverse consequences if denied. An individual
1713-24 may file such a petition after the completion of any
1714-25 non-financial sentence or non-financial condition imposed
1715-26 by the conviction. Within 60 days of the filing of such
1725+HB5023- 48 -LRB103 37573 JRC 67699 b HB5023 - 48 - LRB103 37573 JRC 67699 b
1726+ HB5023 - 48 - LRB103 37573 JRC 67699 b
1727+1 designated by the Chief Judge, and the motion may include
1728+2 more than one individual. Motions filed by an agency
1729+3 providing civil legal aid concerning more than one
1730+4 individual may be prepared, presented, and signed
1731+5 electronically.
1732+6 (4) Any State's Attorney may file a motion to vacate
1733+7 and expunge a conviction for a misdemeanor or Class 4
1734+8 felony violation of Section 4 or Section 5 of the Cannabis
1735+9 Control Act. Motions to vacate and expunge under this
1736+10 subsection (i) may be filed with the circuit court, Chief
1737+11 Judge of a judicial circuit or any judge of the circuit
1738+12 designated by the Chief Judge, and may include more than
1739+13 one individual. Motions filed by a State's Attorney
1740+14 concerning more than one individual may be prepared,
1741+15 presented, and signed electronically. When considering
1742+16 such a motion to vacate and expunge, a court shall
1743+17 consider the following: the reasons to retain the records
1744+18 provided by law enforcement, the individual's age, the
1745+19 individual's age at the time of offense, the time since
1746+20 the conviction, and the specific adverse consequences if
1747+21 denied. Upon entry of an order granting a motion to vacate
1748+22 and expunge records pursuant to this Section, the State's
1749+23 Attorney shall notify the Prisoner Review Board within 30
1750+24 days. Upon entry of the order of expungement, the circuit
1751+25 court clerk shall promptly provide a copy of the order and
1752+26 a certificate of disposition to the individual whose
17161753
17171754
17181755
17191756
17201757
1721- HB5023 Engrossed - 48 - LRB103 37573 JRC 67699 b
1758+ HB5023 - 48 - LRB103 37573 JRC 67699 b
17221759
17231760
1724-HB5023 Engrossed- 49 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 49 - LRB103 37573 JRC 67699 b
1725- HB5023 Engrossed - 49 - LRB103 37573 JRC 67699 b
1726-1 motion, a State's Attorney may file an objection to such a
1727-2 petition along with supporting evidence. If a motion to
1728-3 vacate and expunge is granted, the records shall be
1729-4 expunged in accordance with subparagraphs (d)(8) and
1730-5 (d)(9)(A) of this Section. An agency providing civil legal
1731-6 aid, as defined by Section 15 of the Public Interest
1732-7 Attorney Assistance Act, assisting individuals seeking to
1733-8 file a motion to vacate and expunge under this subsection
1734-9 may file motions to vacate and expunge with the Chief
1735-10 Judge of a judicial circuit or any judge of the circuit
1736-11 designated by the Chief Judge, and the motion may include
1737-12 more than one individual. Motions filed by an agency
1738-13 providing civil legal aid concerning more than one
1739-14 individual may be prepared, presented, and signed
1740-15 electronically.
1741-16 (4) Any State's Attorney may file a motion to vacate
1742-17 and expunge a conviction for a misdemeanor or Class 4
1743-18 felony violation of Section 4 or Section 5 of the Cannabis
1744-19 Control Act. Motions to vacate and expunge under this
1745-20 subsection (i) may be filed with the circuit court, Chief
1746-21 Judge of a judicial circuit or any judge of the circuit
1747-22 designated by the Chief Judge, and may include more than
1748-23 one individual. Motions filed by a State's Attorney
1749-24 concerning more than one individual may be prepared,
1750-25 presented, and signed electronically. When considering
1751-26 such a motion to vacate and expunge, a court shall
1761+HB5023- 49 -LRB103 37573 JRC 67699 b HB5023 - 49 - LRB103 37573 JRC 67699 b
1762+ HB5023 - 49 - LRB103 37573 JRC 67699 b
1763+1 records will be expunged to the individual's last known
1764+2 address or by electronic means (if available) or otherwise
1765+3 make available to the individual upon request. If a motion
1766+4 to vacate and expunge is granted, the records shall be
1767+5 expunged in accordance with subparagraphs (d)(8) and
1768+6 (d)(9)(A) of this Section.
1769+7 (5) In the public interest, the State's Attorney of a
1770+8 county has standing to file motions to vacate and expunge
1771+9 pursuant to this Section in the circuit court with
1772+10 jurisdiction over the underlying conviction.
1773+11 (6) If a person is arrested for a Minor Cannabis
1774+12 Offense as defined in this Section before June 25, 2019
1775+13 (the effective date of Public Act 101-27) and the person's
1776+14 case is still pending but a sentence has not been imposed,
1777+15 the person may petition the court in which the charges are
1778+16 pending for an order to summarily dismiss those charges
1779+17 against him or her, and expunge all official records of
1780+18 his or her arrest, plea, trial, conviction, incarceration,
1781+19 supervision, or expungement. If the court determines, upon
1782+20 review, that: (A) the person was arrested before June 25,
1783+21 2019 (the effective date of Public Act 101-27) for an
1784+22 offense that has been made eligible for expungement; (B)
1785+23 the case is pending at the time; and (C) the person has not
1786+24 been sentenced of the minor cannabis violation eligible
1787+25 for expungement under this subsection, the court shall
1788+26 consider the following: the reasons to retain the records
17521789
17531790
17541791
17551792
17561793
1757- HB5023 Engrossed - 49 - LRB103 37573 JRC 67699 b
1794+ HB5023 - 49 - LRB103 37573 JRC 67699 b
17581795
17591796
1760-HB5023 Engrossed- 50 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 50 - LRB103 37573 JRC 67699 b
1761- HB5023 Engrossed - 50 - LRB103 37573 JRC 67699 b
1762-1 consider the following: the reasons to retain the records
1763-2 provided by law enforcement, the individual's age, the
1764-3 individual's age at the time of offense, the time since
1765-4 the conviction, and the specific adverse consequences if
1766-5 denied. Upon entry of an order granting a motion to vacate
1767-6 and expunge records pursuant to this Section, the State's
1768-7 Attorney shall notify the Prisoner Review Board within 30
1769-8 days. Upon entry of the order of expungement, the circuit
1770-9 court clerk shall promptly provide a copy of the order and
1771-10 a certificate of disposition to the individual whose
1772-11 records will be expunged to the individual's last known
1773-12 address or by electronic means (if available) or otherwise
1774-13 make available to the individual upon request. If a motion
1775-14 to vacate and expunge is granted, the records shall be
1776-15 expunged in accordance with subparagraphs (d)(8) and
1777-16 (d)(9)(A) of this Section.
1778-17 (5) In the public interest, the State's Attorney of a
1779-18 county has standing to file motions to vacate and expunge
1780-19 pursuant to this Section in the circuit court with
1781-20 jurisdiction over the underlying conviction.
1782-21 (6) If a person is arrested for a Minor Cannabis
1783-22 Offense as defined in this Section before June 25, 2019
1784-23 (the effective date of Public Act 101-27) and the person's
1785-24 case is still pending but a sentence has not been imposed,
1786-25 the person may petition the court in which the charges are
1787-26 pending for an order to summarily dismiss those charges
1797+HB5023- 50 -LRB103 37573 JRC 67699 b HB5023 - 50 - LRB103 37573 JRC 67699 b
1798+ HB5023 - 50 - LRB103 37573 JRC 67699 b
1799+1 provided by law enforcement, the petitioner's age, the
1800+2 petitioner's age at the time of offense, the time since
1801+3 the conviction, and the specific adverse consequences if
1802+4 denied. If a motion to dismiss and expunge is granted, the
1803+5 records shall be expunged in accordance with subparagraph
1804+6 (d)(9)(A) of this Section.
1805+7 (7) A person imprisoned solely as a result of one or
1806+8 more convictions for Minor Cannabis Offenses under this
1807+9 subsection (i) shall be released from incarceration upon
1808+10 the issuance of an order under this subsection.
1809+11 (8) The Illinois State Police shall allow a person to
1810+12 use the access and review process, established in the
1811+13 Illinois State Police, for verifying that his or her
1812+14 records relating to Minor Cannabis Offenses of the
1813+15 Cannabis Control Act eligible under this Section have been
1814+16 expunged.
1815+17 (9) No conviction vacated pursuant to this Section
1816+18 shall serve as the basis for damages for time unjustly
1817+19 served as provided in the Court of Claims Act.
1818+20 (10) Effect of Expungement. A person's right to
1819+21 expunge an expungeable offense shall not be limited under
1820+22 this Section. The effect of an order of expungement shall
1821+23 be to restore the person to the status he or she occupied
1822+24 before the arrest, charge, or conviction.
1823+25 (11) Information. The Illinois State Police shall post
1824+26 general information on its website about the expungement
17881825
17891826
17901827
17911828
17921829
1793- HB5023 Engrossed - 50 - LRB103 37573 JRC 67699 b
1830+ HB5023 - 50 - LRB103 37573 JRC 67699 b
17941831
17951832
1796-HB5023 Engrossed- 51 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 51 - LRB103 37573 JRC 67699 b
1797- HB5023 Engrossed - 51 - LRB103 37573 JRC 67699 b
1798-1 against him or her, and expunge all official records of
1799-2 his or her arrest, plea, trial, conviction, incarceration,
1800-3 supervision, or expungement. If the court determines, upon
1801-4 review, that: (A) the person was arrested before June 25,
1802-5 2019 (the effective date of Public Act 101-27) for an
1803-6 offense that has been made eligible for expungement; (B)
1804-7 the case is pending at the time; and (C) the person has not
1805-8 been sentenced of the minor cannabis violation eligible
1806-9 for expungement under this subsection, the court shall
1807-10 consider the following: the reasons to retain the records
1808-11 provided by law enforcement, the petitioner's age, the
1809-12 petitioner's age at the time of offense, the time since
1810-13 the conviction, and the specific adverse consequences if
1811-14 denied. If a motion to dismiss and expunge is granted, the
1812-15 records shall be expunged in accordance with subparagraph
1813-16 (d)(9)(A) of this Section.
1814-17 (7) A person imprisoned solely as a result of one or
1815-18 more convictions for Minor Cannabis Offenses under this
1816-19 subsection (i) shall be released from incarceration upon
1817-20 the issuance of an order under this subsection.
1818-21 (8) The Illinois State Police shall allow a person to
1819-22 use the access and review process, established in the
1820-23 Illinois State Police, for verifying that his or her
1821-24 records relating to Minor Cannabis Offenses of the
1822-25 Cannabis Control Act eligible under this Section have been
1823-26 expunged.
1833+HB5023- 51 -LRB103 37573 JRC 67699 b HB5023 - 51 - LRB103 37573 JRC 67699 b
1834+ HB5023 - 51 - LRB103 37573 JRC 67699 b
1835+1 process described in this subsection (i).
1836+2 (j) Felony Prostitution Convictions.
1837+3 (1) Any individual may file a motion to vacate and
1838+4 expunge a conviction for a prior Class 4 felony violation
1839+5 of prostitution. Motions to vacate and expunge under this
1840+6 subsection (j) may be filed with the circuit court, Chief
1841+7 Judge of a judicial circuit, or any judge of the circuit
1842+8 designated by the Chief Judge. When considering the motion
1843+9 to vacate and expunge, a court shall consider the
1844+10 following:
1845+11 (A) the reasons to retain the records provided by
1846+12 law enforcement;
1847+13 (B) the petitioner's age;
1848+14 (C) the petitioner's age at the time of offense;
1849+15 and
1850+16 (D) the time since the conviction, and the
1851+17 specific adverse consequences if denied. An individual
1852+18 may file the petition after the completion of any
1853+19 sentence or condition imposed by the conviction.
1854+20 Within 60 days of the filing of the motion, a State's
1855+21 Attorney may file an objection to the petition along
1856+22 with supporting evidence. If a motion to vacate and
1857+23 expunge is granted, the records shall be expunged in
1858+24 accordance with subparagraph (d)(9)(A) of this
1859+25 Section. An agency providing civil legal aid, as
1860+26 defined in Section 15 of the Public Interest Attorney
18241861
18251862
18261863
18271864
18281865
1829- HB5023 Engrossed - 51 - LRB103 37573 JRC 67699 b
1866+ HB5023 - 51 - LRB103 37573 JRC 67699 b
18301867
18311868
1832-HB5023 Engrossed- 52 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 52 - LRB103 37573 JRC 67699 b
1833- HB5023 Engrossed - 52 - LRB103 37573 JRC 67699 b
1834-1 (9) No conviction vacated pursuant to this Section
1835-2 shall serve as the basis for damages for time unjustly
1836-3 served as provided in the Court of Claims Act.
1837-4 (10) Effect of Expungement. A person's right to
1838-5 expunge an expungeable offense shall not be limited under
1839-6 this Section. The effect of an order of expungement shall
1840-7 be to restore the person to the status he or she occupied
1841-8 before the arrest, charge, or conviction.
1842-9 (11) Information. The Illinois State Police shall post
1843-10 general information on its website about the expungement
1844-11 process described in this subsection (i).
1845-12 (j) Felony Prostitution Convictions.
1846-13 (1) Any individual may file a motion to vacate and
1847-14 expunge a conviction for a prior Class 4 felony violation
1848-15 of prostitution. Motions to vacate and expunge under this
1849-16 subsection (j) may be filed with the circuit court, Chief
1850-17 Judge of a judicial circuit, or any judge of the circuit
1851-18 designated by the Chief Judge. When considering the motion
1852-19 to vacate and expunge, a court shall consider the
1853-20 following:
1854-21 (A) the reasons to retain the records provided by
1855-22 law enforcement;
1856-23 (B) the petitioner's age;
1857-24 (C) the petitioner's age at the time of offense;
1858-25 and
1859-26 (D) the time since the conviction, and the
1869+HB5023- 52 -LRB103 37573 JRC 67699 b HB5023 - 52 - LRB103 37573 JRC 67699 b
1870+ HB5023 - 52 - LRB103 37573 JRC 67699 b
1871+1 Assistance Act, assisting individuals seeking to file
1872+2 a motion to vacate and expunge under this subsection
1873+3 may file motions to vacate and expunge with the Chief
1874+4 Judge of a judicial circuit or any judge of the circuit
1875+5 designated by the Chief Judge, and the motion may
1876+6 include more than one individual.
1877+7 (2) Any State's Attorney may file a motion to vacate
1878+8 and expunge a conviction for a Class 4 felony violation of
1879+9 prostitution. Motions to vacate and expunge under this
1880+10 subsection (j) may be filed with the circuit court, Chief
1881+11 Judge of a judicial circuit, or any judge of the circuit
1882+12 court designated by the Chief Judge, and may include more
1883+13 than one individual. When considering the motion to vacate
1884+14 and expunge, a court shall consider the following reasons:
1885+15 (A) the reasons to retain the records provided by
1886+16 law enforcement;
1887+17 (B) the petitioner's age;
1888+18 (C) the petitioner's age at the time of offense;
1889+19 (D) the time since the conviction; and
1890+20 (E) the specific adverse consequences if denied.
1891+21 If the State's Attorney files a motion to vacate and
1892+22 expunge records for felony prostitution convictions
1893+23 pursuant to this Section, the State's Attorney shall
1894+24 notify the Prisoner Review Board within 30 days of the
1895+25 filing. If a motion to vacate and expunge is granted, the
1896+26 records shall be expunged in accordance with subparagraph
18601897
18611898
18621899
18631900
18641901
1865- HB5023 Engrossed - 52 - LRB103 37573 JRC 67699 b
1902+ HB5023 - 52 - LRB103 37573 JRC 67699 b
18661903
18671904
1868-HB5023 Engrossed- 53 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 53 - LRB103 37573 JRC 67699 b
1869- HB5023 Engrossed - 53 - LRB103 37573 JRC 67699 b
1870-1 specific adverse consequences if denied. An individual
1871-2 may file the petition after the completion of any
1872-3 sentence or condition imposed by the conviction.
1873-4 Within 60 days of the filing of the motion, a State's
1874-5 Attorney may file an objection to the petition along
1875-6 with supporting evidence. If a motion to vacate and
1876-7 expunge is granted, the records shall be expunged in
1877-8 accordance with subparagraph (d)(9)(A) of this
1878-9 Section. An agency providing civil legal aid, as
1879-10 defined in Section 15 of the Public Interest Attorney
1880-11 Assistance Act, assisting individuals seeking to file
1881-12 a motion to vacate and expunge under this subsection
1882-13 may file motions to vacate and expunge with the Chief
1883-14 Judge of a judicial circuit or any judge of the circuit
1884-15 designated by the Chief Judge, and the motion may
1885-16 include more than one individual.
1886-17 (2) Any State's Attorney may file a motion to vacate
1887-18 and expunge a conviction for a Class 4 felony violation of
1888-19 prostitution. Motions to vacate and expunge under this
1889-20 subsection (j) may be filed with the circuit court, Chief
1890-21 Judge of a judicial circuit, or any judge of the circuit
1891-22 court designated by the Chief Judge, and may include more
1892-23 than one individual. When considering the motion to vacate
1893-24 and expunge, a court shall consider the following reasons:
1894-25 (A) the reasons to retain the records provided by
1895-26 law enforcement;
1905+HB5023- 53 -LRB103 37573 JRC 67699 b HB5023 - 53 - LRB103 37573 JRC 67699 b
1906+ HB5023 - 53 - LRB103 37573 JRC 67699 b
1907+1 (d)(9)(A) of this Section.
1908+2 (3) In the public interest, the State's Attorney of a
1909+3 county has standing to file motions to vacate and expunge
1910+4 pursuant to this Section in the circuit court with
1911+5 jurisdiction over the underlying conviction.
1912+6 (4) The Illinois State Police shall allow a person to
1913+7 a use the access and review process, established in the
1914+8 Illinois State Police, for verifying that his or her
1915+9 records relating to felony prostitution eligible under
1916+10 this Section have been expunged.
1917+11 (5) No conviction vacated pursuant to this Section
1918+12 shall serve as the basis for damages for time unjustly
1919+13 served as provided in the Court of Claims Act.
1920+14 (6) Effect of Expungement. A person's right to expunge
1921+15 an expungeable offense shall not be limited under this
1922+16 Section. The effect of an order of expungement shall be to
1923+17 restore the person to the status he or she occupied before
1924+18 the arrest, charge, or conviction.
1925+19 (7) Information. The Illinois State Police shall post
1926+20 general information on its website about the expungement
1927+21 process described in this subsection (j).
1928+22 (Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;
1929+23 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
1930+24 1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)
1931+25 Section 10. The Code of Civil Procedure is amended by
18961932
18971933
18981934
18991935
19001936
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1937+ HB5023 - 53 - LRB103 37573 JRC 67699 b
19021938
19031939
1904-HB5023 Engrossed- 54 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 54 - LRB103 37573 JRC 67699 b
1905- HB5023 Engrossed - 54 - LRB103 37573 JRC 67699 b
1906-1 (B) the petitioner's age;
1907-2 (C) the petitioner's age at the time of offense;
1908-3 (D) the time since the conviction; and
1909-4 (E) the specific adverse consequences if denied.
1910-5 If the State's Attorney files a motion to vacate and
1911-6 expunge records for felony prostitution convictions
1912-7 pursuant to this Section, the State's Attorney shall
1913-8 notify the Prisoner Review Board within 30 days of the
1914-9 filing. If a motion to vacate and expunge is granted, the
1915-10 records shall be expunged in accordance with subparagraph
1916-11 (d)(9)(A) of this Section.
1917-12 (3) In the public interest, the State's Attorney of a
1918-13 county has standing to file motions to vacate and expunge
1919-14 pursuant to this Section in the circuit court with
1920-15 jurisdiction over the underlying conviction.
1921-16 (4) The Illinois State Police shall allow a person to
1922-17 a use the access and review process, established in the
1923-18 Illinois State Police, for verifying that his or her
1924-19 records relating to felony prostitution eligible under
1925-20 this Section have been expunged.
1926-21 (5) No conviction vacated pursuant to this Section
1927-22 shall serve as the basis for damages for time unjustly
1928-23 served as provided in the Court of Claims Act.
1929-24 (6) Effect of Expungement. A person's right to expunge
1930-25 an expungeable offense shall not be limited under this
1931-26 Section. The effect of an order of expungement shall be to
1940+HB5023- 54 -LRB103 37573 JRC 67699 b HB5023 - 54 - LRB103 37573 JRC 67699 b
1941+ HB5023 - 54 - LRB103 37573 JRC 67699 b
1942+1 changing Section 9-121 as follows:
19321943
19331944
19341945
19351946
19361947
1937- HB5023 Engrossed - 54 - LRB103 37573 JRC 67699 b
1938-
1939-
1940-HB5023 Engrossed- 55 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 55 - LRB103 37573 JRC 67699 b
1941- HB5023 Engrossed - 55 - LRB103 37573 JRC 67699 b
1942-1 restore the person to the status he or she occupied before
1943-2 the arrest, charge, or conviction.
1944-3 (7) Information. The Illinois State Police shall post
1945-4 general information on its website about the expungement
1946-5 process described in this subsection (j).
1947-6 (Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;
1948-7 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
1949-8 1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)
1950-9 Section 10. The Court Record and Document Accessibility
1951-10 Act is amended by changing Section 5 as follows:
1952-11 (705 ILCS 86/5)
1953-12 Sec. 5. Record and document accessibility.
1954-13 (a) All records and documents are presumed to be
1955-14 accessible by the court and the clerk of the court. A clerk of
1956-15 the court shall limit access to case information and documents
1957-16 that are not identified as public to the clerk of the court or
1958-17 limited supervisory staff through the use of access codes
1959-18 restricting access. Access to court records and documents
1960-19 remotely over the Internet shall be as authorized by the
1961-20 Illinois Supreme Court Remote Access Policy.
1962-21 (b) Unless otherwise specified by rule, statute, or order,
1963-22 access to case information and documents maintained by the
1964-23 clerk of the court is defined as follows:
1965-24 (1) "Public" means a document or case that is
1966-
1967-
1968-
1969-
1970-
1971- HB5023 Engrossed - 55 - LRB103 37573 JRC 67699 b
1972-
1973-
1974-HB5023 Engrossed- 56 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 56 - LRB103 37573 JRC 67699 b
1975- HB5023 Engrossed - 56 - LRB103 37573 JRC 67699 b
1976-1 accessible by any person upon request.
1977-2 (2) "Impounded" means a document or case that is
1978-3 accessible only to the parties of record on a case;
1979-4 otherwise, the document or case is only accessible upon
1980-5 order of a court.
1981-6 (3) "Confidential" means a document or case that is
1982-7 accessible only to the party submitting the document or
1983-8 filing the case; otherwise, the document or case is only
1984-9 accessible upon order of a court.
1985-10 (4) "Sealed" means a document or case that is
1986-11 accessible only upon order of a court.
1987-12 (5) "Expunged" means a document or case that is
1988-13 accessible only upon order of a court as provided in
1989-14 subparagraph (E) of paragraph (1) of subsection (a) of
1990-15 Section 5.2 of the Criminal Identification Act.
1991-16 (c) Notwithstanding any provision of subsections (a) and
1992-17 (b), the court may enter an order restricting access to any
1993-18 case or document per order of court.
1994-19 (d) If any law of this State restricts access to any case
1995-20 information and documents maintained by the clerk of the court
1996-21 by using the phrase "shall not be public", or a similar phrase
1997-22 stating that a court record is not available to the public, the
1998-23 clerk of the court shall impound such case information and
1999-24 documents unless the court directs otherwise.
2000-25 (e) Notwithstanding any other provision of law, if any law
2001-26 or statute of this State conflicts with Supreme Court Rule 8,
2002-
2003-
2004-
2005-
2006-
2007- HB5023 Engrossed - 56 - LRB103 37573 JRC 67699 b
2008-
2009-
2010-HB5023 Engrossed- 57 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 57 - LRB103 37573 JRC 67699 b
2011- HB5023 Engrossed - 57 - LRB103 37573 JRC 67699 b
2012-1 then Supreme Court Rule 8 governs.
2013-2 (Source: P.A. 103-166, eff. 1-1-24.)
2014-3 Section 15. The Code of Civil Procedure is amended by
2015-4 changing Section 9-121 as follows:
2016-5 (735 ILCS 5/9-121)
2017-6 Sec. 9-121. Impounding Sealing of court file.
2018-7 (a) Definitions. Definition. As used in this Section: ,
2019-8 "court
2020-9 "Court file" means the court file created when an
2021-10 eviction action is filed with the court.
2022-11 "Impounded" has the same meaning as in paragraph (2)
2023-12 of subsection (b) of Section 5 of the Court Record and Document
2024-13 Accessibility Act.
2025-14 (b) Discretionary impounding sealing of court file. The
2026-15 court may order that a court file in an eviction action be
2027-16 impounded placed under seal if the court finds that the
2028-17 plaintiff's action is sufficiently without a basis in fact or
2029-18 law, which may include a lack of jurisdiction, that impounding
2030-19 placing the court file under seal is clearly in the interests
2031-20 of justice, and that those interests are not outweighed by the
2032-21 public's interest in knowing about the record.
2033-22 (b-5) Impounding of court file by agreement. The court may
2034-23 order that a file may be impounded by agreement of the parties.
2035-24 (c) Mandatory impounding sealing of court file. The court
2036-
2037-
2038-
2039-
2040-
2041- HB5023 Engrossed - 57 - LRB103 37573 JRC 67699 b
2042-
2043-
2044-HB5023 Engrossed- 58 -LRB103 37573 JRC 67699 b HB5023 Engrossed - 58 - LRB103 37573 JRC 67699 b
2045- HB5023 Engrossed - 58 - LRB103 37573 JRC 67699 b
2046-
2047-
2048-
2049-
2050-
2051- HB5023 Engrossed - 58 - LRB103 37573 JRC 67699 b
1948+ HB5023 - 54 - LRB103 37573 JRC 67699 b