Illinois 2023-2024 Regular Session

Illinois House Bill HB5495 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0609
2	1		HB5495 EnrolledLRB103 39013 AWJ 69150 b HB5495 Enrolled LRB103 39013 AWJ 69150 b
3	2		HB5495 Enrolled LRB103 39013 AWJ 69150 b
4		-	AN ACT concerning State government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Seizure and Forfeiture Reporting Act is
8		-	amended by changing Section 10 as follows:
9		-	(5 ILCS 810/10)
10		-	Sec. 10. Reporting by law enforcement agency.
11		-	(a) Each law enforcement agency that seizes property
12		-	subject to reporting under this Act shall report the following
13		-	information about property seized or forfeited under State
14		-	law:
15		-	(1) the name of the law enforcement agency that seized
16		-	the property;
17		-	(2) the date of the seizure;
18		-	(3) the type of property seized, including a building,
19		-	vehicle, boat, cash, negotiable security, or firearm,
20		-	except reporting is not required for seizures of
21		-	contraband including alcohol, gambling devices, drug
22		-	paraphernalia, and controlled substances;
23		-	(4) a description of the property seized and the
24		-	estimated value of the property and if the property is a
25		-	conveyance, the description shall include the make, model,
26		-	year, and vehicle identification number or serial number;
	3	+	1 AN ACT concerning State government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Seizure and Forfeiture Reporting Act is
	7	+	5 amended by changing Section 10 as follows:
	8	+	6 (5 ILCS 810/10)
	9	+	7 Sec. 10. Reporting by law enforcement agency.
	10	+	8 (a) Each law enforcement agency that seizes property
	11	+	9 subject to reporting under this Act shall report the following
	12	+	10 information about property seized or forfeited under State
	13	+	11 law:
	14	+	12 (1) the name of the law enforcement agency that seized
	15	+	13 the property;
	16	+	14 (2) the date of the seizure;
	17	+	15 (3) the type of property seized, including a building,
	18	+	16 vehicle, boat, cash, negotiable security, or firearm,
	19	+	17 except reporting is not required for seizures of
	20	+	18 contraband including alcohol, gambling devices, drug
	21	+	19 paraphernalia, and controlled substances;
	22	+	20 (4) a description of the property seized and the
	23	+	21 estimated value of the property and if the property is a
	24	+	22 conveyance, the description shall include the make, model,
	25	+	23 year, and vehicle identification number or serial number;
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30	29		HB5495 Enrolled LRB103 39013 AWJ 69150 b
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33		-	and
34		-	(5) the location where the seizure occurred.
35		-	The filing requirement shall be met upon filing Illinois
36		-	State Police Notice/Inventory of Seized Property (Form 4-64)
37		-	with the State's Attorney's Office in the county where the
38		-	forfeiture action is being commenced or with the Attorney
39		-	General's Office if the forfeiture action is being commenced
40		-	by that office, and the forwarding of Form 4-64 upon approval
41		-	of the State's Attorney's Office or the Attorney General's
42		-	Office to the Illinois State Police Asset Forfeiture Section.
43		-	With regard to seizures for which Form 4-64 is not required to
44		-	be filed, the filing requirement shall be met by the filing of
45		-	an annual summary report with the Illinois State Police no
46		-	later than 60 days after December 31 of that year.
47		-	(b) Each law enforcement agency, including a drug task
48		-	force or Metropolitan Enforcement Group (MEG) unit, that
49		-	receives proceeds from forfeitures subject to reporting under
50		-	this Act shall file an annual report with the Illinois State
51		-	Police no later than 60 days after December 31 of that year.
52		-	The format of the report shall be developed by the Illinois
53		-	State Police and shall be completed by the law enforcement
54		-	agency. The report shall include, at a minimum, the amount of
55		-	funds and other property distributed to the law enforcement
56		-	agency by the Illinois State Police, the amount of funds
57		-	expended by the law enforcement agency, and the category of
58		-	expenditure, including:
59		-
60		-
61		-	(1) crime, gang, or abuse prevention or intervention
62		-	programs;
63		-	(2) compensation or services for crime victims;
64		-	(3) witness protection, informant fees, and controlled
65		-	purchases of contraband;
66		-	(4) salaries, overtime, and benefits, as permitted by
67		-	law;
68		-	(5) operating expenses, including but not limited to,
69		-	capital expenditures for vehicles, firearms, equipment,
70		-	computers, furniture, office supplies, postage, printing,
71		-	membership fees paid to trade associations, and fees for
72		-	professional services including auditing, court reporting,
73		-	expert witnesses, and attorneys;
74		-	(6) travel, meals, entertainment, conferences,
75		-	training, and continuing education seminars; and
76		-	(7) other expenditures of forfeiture proceeds.
77		-	(c) The Illinois State Police shall establish and maintain
78		-	on its official website a public database that includes annual
79		-	aggregate data for each law enforcement agency that reports
80		-	seizures of property under subsection (a) of this Section,
81		-	that receives distributions of forfeiture proceeds subject to
82		-	reporting under this Act, or reports expenditures under
83		-	subsection (b) of this Section. This aggregate data shall
84		-	include, for each law enforcement agency:
85		-	(1) the total number of asset seizures reported by
86		-	each law enforcement agency during the calendar year;
87		-
88		-
89		-	(2) the monetary value of all currency or its
90		-	equivalent seized by the law enforcement agency during the
91		-	calendar year;
92		-	(3) the number of conveyances seized by the law
93		-	enforcement agency during the calendar year, and the
94		-	aggregate estimated value;
95		-	(4) the aggregate estimated value of all other
96		-	property seized by the law enforcement agency during the
97		-	calendar year;
98		-	(5) the monetary value of distributions by the
99		-	Illinois State Police of forfeited currency or auction
100		-	proceeds from forfeited property to the law enforcement
101		-	agency during the calendar year; and
102		-	(6) the total amount of the law enforcement agency's
103		-	expenditures of forfeiture proceeds during the calendar
104		-	year, categorized as provided under subsection (b) of this
105		-	Section.
106		-	The database shall not provide names, addresses, phone
107		-	numbers, or other personally identifying information of owners
108		-	or interest holders, persons, business entities, covert office
109		-	locations, or business entities involved in the forfeiture
110		-	action and shall not disclose the vehicle identification
111		-	number or serial number of any conveyance.
112		-	(d) The Illinois State Police shall adopt rules to
113		-	administer the asset forfeiture program, including the
114		-	categories of authorized expenditures consistent with the
115		-
116		-
117		-	statutory guidelines for each of the included forfeiture
118		-	statutes, the use of forfeited funds, other expenditure
119		-	requirements, and the reporting of seizure and forfeiture
120		-	information. The Illinois State Police may adopt rules
121		-	necessary to implement this Act through the use of emergency
122		-	rulemaking under Section 5-45 of the Illinois Administrative
123		-	Procedure Act for a period not to exceed 180 days after the
124		-	effective date of this Act.
125		-	(e) The Illinois State Police shall have authority and
126		-	oversight over all law enforcement agencies receiving
127		-	forfeited funds from the Illinois State Police. This authority
128		-	shall include enforcement of rules and regulations adopted by
129		-	the Illinois State Police and sanctions for violations of any
130		-	rules and regulations, including the withholding of
131		-	distributions of forfeiture proceeds from the law enforcement
132		-	agency in violation.
133		-	(f) Upon application by a law enforcement agency to the
134		-	Illinois State Police, the reporting of a particular asset
135		-	forfeited under this Section may be delayed if the asset in
136		-	question was seized from a person who has become a
137		-	confidential informant under the agency's confidential
138		-	informant policy, or if the asset was seized as part of an
139		-	ongoing investigation. This delayed reporting shall be granted
140		-	by the Illinois State Police for a maximum period of 6 months
141		-	if the confidential informant is still providing cooperation
142		-	to law enforcement or the investigation is still ongoing,
143		-
144		-
145		-	after which the asset shall be reported as required under this
146		-	Act.
147		-	(g) The Illinois State Police shall, on or before January
148		-	1, 2019, establish and implement the requirements of this Act.
149		-	In order to implement the reporting and public database
150		-	requirements under this Act, the Illinois State Police Asset
151		-	Forfeiture Section requires a one-time upgrade of its
152		-	information technology software and hardware. This one-time
153		-	upgrade shall be funded by a temporary allocation of 5% of all
154		-	forfeited currency and 5% of the auction proceeds from each
155		-	forfeited asset, which are to be distributed after the
156		-	effective date of this Act. The Illinois State Police shall
157		-	transfer these funds at the time of distribution to a separate
158		-	fund established by the Illinois State Police. Moneys
159		-	deposited in this fund shall be accounted for and shall be used
160		-	only to pay for the actual one-time cost of purchasing and
161		-	installing the hardware and software required to comply with
162		-	this new reporting and public database requirement. Moneys
163		-	deposited in the fund shall not be subject to reappropriation,
164		-	reallocation, or redistribution for any other purpose. After
165		-	sufficient funds are transferred to the fund to cover the
166		-	actual one-time cost of purchasing and installing the hardware
167		-	and software required to comply with this new reporting and
168		-	public database requirement, no additional funds shall be
169		-	transferred to the fund for any purpose. At the completion of
170		-	the one-time upgrade of the information technology hardware
171		-
172		-
173		-	and software to comply with this new reporting and public
174		-	database requirement, any remaining funds in the fund shall be
175		-	returned to the participating agencies under the distribution
176		-	requirements of the statutes from which the funds were
177		-	transferred, and the fund shall no longer exist.
178		-	(h)(1) The Illinois State Police, in consultation with and
179		-	subject to the approval of the Chief Procurement Officer, may
180		-	procure a single contract or multiple contracts to implement
181		-	this Act.
182		-	(2) A contract or contracts under this subsection (h) are
183		-	not subject to the Illinois Procurement Code, except for
184		-	Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
185		-	that Code, provided that the Chief Procurement Officer may, in
186		-	writing with justification, waive any certification required
187		-	under Article 50 of the Illinois Procurement Code. The
188		-	provisions of this paragraph (2), other than this sentence,
189		-	are inoperative on and after July 1, 2019.
190		-	(Source: P.A. 102-538, eff. 8-20-21.)
191		-	Section 10. The Illinois State Police Law of the Civil
192		-	Administrative Code of Illinois is amended by changing
193		-	Sections 2605-35, 2605-40, 2605-605, and 2605-615 as follows:
194		-	(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
195		-	Sec. 2605-35. Division of Criminal Investigation.
196		-	(a) The Division of Criminal Investigation shall exercise
197		-
198		-
199		-	the following functions and those in Section 2605-30:
200		-	(1) Exercise the rights, powers, and duties vested by
201		-	law in the Illinois State Police by the Illinois Horse
202		-	Racing Act of 1975, including those set forth in Section
203		-	2605-215.
204		-	(2) Investigate the origins, activities, personnel,
205		-	and incidents of crime and enforce the criminal laws of
206		-	this State related thereto.
207		-	(3) Enforce all laws regulating the production, sale,
208		-	prescribing, manufacturing, administering, transporting,
209		-	having in possession, dispensing, delivering,
210		-	distributing, or use of controlled substances and
211		-	cannabis.
212		-	(4) Cooperate with the police of cities, villages, and
213		-	incorporated towns and with the police officers of any
214		-	county in enforcing the laws of the State and in making
215		-	arrests and recovering property.
216		-	(5) Apprehend and deliver up any person charged in
217		-	this State or any other state with treason or a felony or
218		-	other crime who has fled from justice and is found in this
219		-	State.
220		-	(6) Investigate recipients and providers under the
221		-	Illinois Public Aid Code and any personnel involved in the
222		-	administration of the Code who are suspected of any
223		-	violation of the Code pertaining to fraud in the
224		-	administration, receipt, or provision of assistance and
225		-
226		-
227		-	pertaining to any violation of criminal law; and exercise
228		-	the functions required under Section 2605-220 in the
229		-	conduct of those investigations.
230		-	(7) Conduct other investigations as provided by law,
231		-	including, but not limited to, investigations of human
232		-	trafficking, illegal drug trafficking, illegal firearms
233		-	trafficking, and cyber crimes that can be investigated and
234		-	prosecuted in Illinois.
235		-	(8) Investigate public corruption.
236		-	(9) Exercise other duties that may be assigned by the
237		-	Director in order to fulfill the responsibilities and
238		-	achieve the purposes of the Illinois State Police, which
239		-	may include the coordination of gang, terrorist, and
240		-	organized crime prevention, control activities, and
241		-	assisting local law enforcement in their crime control
242		-	activities.
243		-	(10) Conduct investigations (and cooperate with
244		-	federal law enforcement agencies in the investigation) of
245		-	any property-related crimes, such as money laundering,
246		-	involving individuals or entities listed on the sanctions
247		-	list maintained by the U.S. Department of Treasury's
248		-	Office of Foreign Asset Control.
249		-	(11) Oversee Illinois State Police special weapons and
250		-	tactics (SWAT) teams, including law enforcement response
251		-	to weapons of mass destruction.
252		-	(12) Oversee Illinois State Police air operations.
253		-
254		-
255		-	(13) Investigate criminal domestic terrorism
256		-	incidents, and otherwise deter all criminal threats to
257		-	Illinois.
258		-	(a-5) The Division of Criminal Investigation shall gather
259		-	information, intelligence, and evidence to facilitate the
260		-	identification, apprehension, and prosecution of persons
261		-	responsible for committing crime; to provide specialized
262		-	intelligence and analysis, investigative, tactical, and
263		-	technological services in support of law enforcement
264		-	operations throughout the State of Illinois; and to oversee
265		-	and operate the statewide criminal intelligence fusion center.
266		-	(b) (Blank).
267		-	(b-5) The Division of Criminal Investigation shall
268		-	cooperate and liaise with all federal law enforcement and
269		-	other partners on criminal investigations, intelligence,
270		-	information sharing, and national security planning and
271		-	response.
272		-	(c) The Division of Criminal Investigation shall provide
273		-	statewide coordination and strategy pertaining to
274		-	firearm-related intelligence, firearms trafficking
275		-	interdiction, and investigations reaching across all divisions
276		-	of the Illinois State Police, including providing crime gun
277		-	intelligence support for suspects and firearms involved in
278		-	firearms trafficking or the commission of a crime involving
279		-	firearms that is investigated by the Illinois State Police and
280		-	other federal, State, and local law enforcement agencies, with
281		-
282		-
283		-	the objective of reducing and preventing illegal possession
284		-	and use of firearms, firearms trafficking, firearm-related
285		-	homicides, and other firearm-related violent crimes in
286		-	Illinois.
287		-	(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
288		-	102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23; 103-34, eff.
289		-	1-1-24.)
290		-	(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
291		-	Sec. 2605-40. Division of Forensic Services. The Division
292		-	of Forensic Services shall exercise the following functions:
293		-	(1) Provide crime scene services and traffic crash
294		-	reconstruction and examine digital evidence.
295		-	(2) Exercise the rights, powers, and duties vested by
296		-	law in the Illinois State Police by Section 2605-300 of
297		-	this Law.
298		-	(3) Provide assistance to local law enforcement
299		-	agencies through training, management, and consultant
300		-	services.
301		-	(4) (Blank).
302		-	(5) Exercise other duties that may be assigned by the
303		-	Director in order to fulfill the responsibilities and
304		-	achieve the purposes of the Illinois State Police.
305		-	(6) Establish and operate a forensic science
306		-	laboratory system, including a forensic toxicological
307		-	laboratory service, for the purpose of testing specimens
308		-
309		-
310		-	submitted by coroners and other law enforcement officers
311		-	in their efforts to determine whether alcohol, drugs, or
312		-	poisonous or other toxic substances have been involved in
313		-	deaths, accidents, or illness. Forensic laboratories shall
314		-	be established in Springfield, Chicago, and elsewhere in
315		-	the State as needed.
316		-	(6.5) Establish administrative rules in order to set
317		-	forth standardized requirements for the disclosure of
318		-	toxicology results and other relevant documents related to
319		-	a toxicological analysis. These administrative rules are
320		-	to be adopted to produce uniform and sufficient
321		-	information to allow a proper, well-informed determination
322		-	of the admissibility of toxicology evidence and to ensure
323		-	that this evidence is presented competently. These
324		-	administrative rules are designed to provide a minimum
325		-	standard for compliance of toxicology evidence and are not
326		-	intended to limit the production and discovery of material
327		-	information.
328		-	(7) Subject to specific appropriations made for these
329		-	purposes, establish and coordinate a system for providing
330		-	accurate and expedited forensic science and other
331		-	investigative and laboratory services to local law
332		-	enforcement agencies and local State's Attorneys in aid of
333		-	the investigation and trial of capital cases.
334		-	(8) Exercise the rights, powers, and duties vested by
335		-	law in the Illinois State Police under the Sexual Assault
336		-
337		-
338		-	Evidence Submission Act.
339		-	(9) Serve as the State central repository for all
340		-	genetic marker grouping analysis information and exercise
341		-	the rights, powers, and duties vested by law in the
342		-	Illinois State Police under Section 5-4-3 of the Unified
343		-	Code of Corrections.
344		-	(10) Issue reports required under Section 5-4-3a of
345		-	the Unified Code of Corrections.
346		-	(11) Oversee the Electronic Laboratory Information
347		-	Management System under Section 5-4-3b of the Unified Code
348		-	of Corrections.
349		-	(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
350		-	103-34, eff. 1-1-24.)
351		-	(20 ILCS 2605/2605-605)
352		-	Sec. 2605-605. Violent Crime Intelligence Task Force. The
353		-	Director of the Illinois State Police shall establish a
354		-	statewide multi-jurisdictional Violent Crime Intelligence Task
355		-	Force led by the Illinois State Police dedicated to combating
356		-	gun violence, gun-trafficking, and other violent crime with
357		-	the primary mission of preservation of life and reducing the
358		-	occurrence and the fear of crime. The objectives of the Task
359		-	Force shall include, but not be limited to, reducing and
360		-	preventing illegal possession and use of firearms,
361		-	firearm-related homicides, and other violent crimes, and
362		-	solving firearm-related crimes.
363		-
364		-
365		-	(1) The Task Force may develop and acquire information,
366		-	training, tools, and resources necessary to implement a
367		-	data-driven approach to policing, with an emphasis on
368		-	intelligence development.
369		-	(2) The Task Force may utilize information sharing,
370		-	partnerships, crime analysis, and evidence-based practices to
371		-	assist in the reduction of firearm-related shootings,
372		-	homicides, and gun-trafficking, including, but not limited to,
373		-	ballistic data, eTrace data, DNA evidence, latent
374		-	fingerprints, firearm training data, and National Integrated
375		-	Ballistic Information Network (NIBIN) data. The Task Force may
376		-	design a model crime gun intelligence strategy which may
377		-	include, but is not limited to, comprehensive collection and
378		-	documentation of all ballistic evidence, timely transfer of
379		-	NIBIN and eTrace leads to an intelligence center, which may
380		-	include the Division of Criminal Investigation of the Illinois
381		-	State Police, timely dissemination of intelligence to
382		-	investigators, investigative follow-up, and coordinated
383		-	prosecution.
384		-	(3) The Task Force may recognize and utilize best
385		-	practices of community policing and may develop potential
386		-	partnerships with faith-based and community organizations to
387		-	achieve its goals.
388		-	(4) The Task Force may identify and utilize best practices
389		-	in drug-diversion programs and other community-based services
390		-	to redirect low-level offenders.
391		-
392		-
393		-	(5) The Task Force may assist in violence suppression
394		-	strategies including, but not limited to, details in
395		-	identified locations that have shown to be the most prone to
396		-	gun violence and violent crime, focused deterrence against
397		-	violent gangs and groups considered responsible for the
398		-	violence in communities, and other intelligence driven methods
399		-	deemed necessary to interrupt cycles of violence or prevent
400		-	retaliation.
401		-	(6) In consultation with the Chief Procurement Officer,
402		-	the Illinois State Police may obtain contracts for software,
403		-	commodities, resources, and equipment to assist the Task Force
404		-	with achieving this Act. Any contracts necessary to support
405		-	the delivery of necessary software, commodities, resources,
406		-	and equipment are not subject to the Illinois Procurement
407		-	Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and
408		-	Article 50 of that Code, provided that the Chief Procurement
409		-	Officer may, in writing with justification, waive any
410		-	certification required under Article 50 of the Illinois
411		-	Procurement Code.
412		-	(7) The Task Force shall conduct enforcement operations
413		-	against persons whose Firearm Owner's Identification Cards
414		-	have been revoked or suspended and persons who fail to comply
415		-	with the requirements of Section 9.5 of the Firearm Owners
416		-	Identification Card Act, prioritizing individuals presenting a
417		-	clear and present danger to themselves or to others under
418		-	paragraph (2) of subsection (d) of Section 8.1 of the Firearm
419		-
420		-
421		-	Owners Identification Card Act.
422		-	(8) The Task Force shall collaborate with local law
423		-	enforcement agencies to enforce provisions of the Firearm
424		-	Owners Identification Card Act, the Firearm Concealed Carry
425		-	Act, the Firearm Dealer License Certification Act, and Article
426		-	24 of the Criminal Code of 2012.
427		-	(9) To implement this Section, the Director of the
428		-	Illinois State Police may establish intergovernmental
429		-	agreements with law enforcement agencies in accordance with
430		-	the Intergovernmental Cooperation Act.
431		-	(10) Law enforcement agencies that participate in
432		-	activities described in paragraphs (7) through (9) may apply
433		-	to the Illinois State Police for grants from the State Police
434		-	Firearm Revocation Enforcement Fund.
435		-	(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
436		-	102-813, eff. 5-13-22.)
437		-	(20 ILCS 2605/2605-615)
438		-	Sec. 2605-615. Illinois Forensic Science Commission.
439		-	(a) Creation. There is created within the Illinois State
440		-	Police the Illinois Forensic Science Commission.
441		-	(b) Duties and purpose. The Commission shall:
442		-	(1) Provide guidance to ensure the efficient delivery
443		-	of forensic services and the sound practice of forensic
444		-	science.
445		-	(2) Provide a forum for discussions between forensic
446		-
447		-
448		-	science stakeholders to improve communication and
449		-	coordination and to monitor the important issues impacting
450		-	all stakeholders.
451		-	(3) Take a systems-based approach in reviewing all
452		-	aspects of the delivery of forensic services and the sound
453		-	practice of forensic science with the goal of reducing or
454		-	eliminating the factors and inefficiencies that contribute
455		-	to backlogs and errors, with a focus on education and
456		-	training, funding, hiring, procurement, and other aspects
457		-	identified by the Commission.
458		-	(4) Review significant non-conformities with the sound
459		-	practice of forensic science documented by each publicly
460		-	funded ISO 17025 accredited forensic laboratory and offer
461		-	recommendations for the correction thereof.
462		-	(5) Subject to appropriation, provide educational,
463		-	research, and professional training opportunities for
464		-	practicing forensic scientists, police officers, judges,
465		-	State's Attorneys and Assistant State's Attorneys, Public
466		-	Defenders, and defense attorneys comporting with the sound
467		-	practice of forensic science.
468		-	(6) Collect and analyze information related to the
469		-	impact of current laws, rules, policies, and practices on
470		-	forensic crime laboratories and the practice of forensic
471		-	science; evaluate the impact of those laws, rules,
472		-	policies, and practices on forensic crime laboratories and
473		-	the practice of forensic science; identify new policies
474		-
475		-
476		-	and approaches, together with changes in science, and
477		-	technology; and make recommendations for changes to those
478		-	laws, rules, policies, and practices that will yield
479		-	better results in the criminal justice system consistent
480		-	with the sound practice of forensic science.
481		-	(7) Perform such other studies or tasks pertaining to
482		-	forensic crime laboratories as may be requested by the
483		-	General Assembly by resolution or the Governor, and
484		-	perform such other functions as may be required by law or
485		-	as are necessary to carry out the purposes and goals of the
486		-	Commission prescribed in this Section.
487		-	(8) Ensure that adequate resources and facilities are
488		-	available for carrying out the changes proposed in
489		-	legislation, rules, or policies and that rational
490		-	priorities are established for the use of those resources.
491		-	To do so, the Commission may prepare statements to the
492		-	Governor and General Assembly identifying the fiscal and
493		-	practical effects of proposed legislation, rules, or
494		-	policy changes. Such statements may include, but are not
495		-	limited to: the impact on present levels of staffing and
496		-	resources; a professional opinion on the practical value
497		-	of the change or changes; the increase or decrease the
498		-	number of crime laboratories; the increase or decrease the
499		-	cost of operating crime laboratories; the impact on
500		-	efficiencies and caseloads; other information, including
501		-	but not limited to, facts, data, research, and science
502		-
503		-
504		-	relevant to the legislation, rule, or policy; the direct
505		-	or indirect alteration in any process involving or used by
506		-	crime laboratories of such proposed legislation, rules, or
507		-	policy changes; an analysis of the impact, either directly
508		-	or indirectly, on the technology, improvements, or
509		-	practices of forensic analyses for use in criminal
510		-	proceedings; together with the direct or indirect impact
511		-	on headcount, space, equipment, instruments,
512		-	accreditation, the volume of cases for analysis,
513		-	scientific controls, and quality assurance.
514		-	(c) Members. The Commission shall be composed of the
515		-	Director of the Illinois State Police, or his or her designee,
516		-	together with the following members appointed for a term of 4
517		-	years by the Governor with the advice and consent of the
518		-	Senate:
519		-	(1) One crime laboratory director or administrator
520		-	from each publicly funded ISO 17025 accredited forensic
521		-	laboratory system.
522		-	(2) One member with experience in the admission of
523		-	forensic evidence in trials from a statewide association
524		-	representing prosecutors.
525		-	(3) One member with experience in the admission of
526		-	forensic evidence in trials from a statewide association
527		-	representing criminal defense attorneys.
528		-	(4) Three forensic scientists with bench work
529		-	background from various forensic disciplines (e.g., DNA,
530		-
531		-
532		-	chemistry, pattern evidence, etc.).
533		-	(5) One retired circuit court judge or associate
534		-	circuit court judge with criminal trial experience,
535		-	including experience in the admission of forensic evidence
536		-	in trials.
537		-	(6) One academic specializing in the field of forensic
538		-	sciences.
539		-	(7) One or more community representatives (e.g.,
540		-	victim advocates, innocence project organizations, sexual
541		-	assault examiners, etc.).
542		-	(8) One member who is a medical examiner or coroner.
543		-	The Governor shall designate one of the members of the
544		-	Commission to serve as the chair of the Commission. The
545		-	members of the Commission shall elect from their number such
546		-	other officers as they may determine. Members of the
547		-	Commission shall serve without compensation, but may be
548		-	reimbursed for reasonable expenses incurred in the performance
549		-	of their duties from funds appropriated for that purpose.
550		-	(d) Subcommittees. The Commission may form subcommittees
551		-	to study specific issues identified under paragraph (3) of
552		-	subsection (b), including, but not limited to, subcommittees
553		-	on education and training, procurement, funding and hiring. Ad
554		-	hoc subcommittees may also be convened to address other
555		-	issues. Such subcommittees shall meet as needed to complete
556		-	their work, and shall report their findings back to the
557		-	Commission. Subcommittees shall include members of the
558		-
559		-
560		-	Commission, and may also include non-members such as forensic
561		-	science stakeholders and subject matter experts.
562		-	(e) Meetings. The Commission shall meet quarterly, at the
563		-	call of the chairperson. Facilities for meeting, whether
564		-	remotely or in person, shall be provided for the Commission by
565		-	the Illinois State Police.
566		-	(f) Reporting by publicly funded ISO 17025 accredited
567		-	forensic laboratories. All State and local publicly funded ISO
568		-	17025 accredited forensic laboratory systems, including, but
569		-	not limited to, the DuPage County Forensic Science Center, the
570		-	Northeastern Illinois Regional Crime Laboratory, and the
571		-	Illinois State Police, shall annually provide to the
572		-	Commission a report summarizing its significant
573		-	non-conformities with the efficient delivery of forensic
574		-	services and the sound practice of forensic science. The
575		-	report will identify: each significant non-conformity or
576		-	deficient method; how the non-conformity or deficient method
577		-	was detected; the nature and extent of the non-conformity or
578		-	deficient method; all corrective actions implemented to
579		-	address the non-conformity or deficient method; and an
580		-	analysis of the effectiveness of the corrective actions taken.
581		-	(g) Definition. As used in this Section, "Commission"
582		-	means the Illinois Forensic Science Commission.
583		-	(Source: P.A. 102-523, eff. 8-20-21; 103-34, eff. 1-1-24.)
584		-	(20 ILCS 2605/2605-378 rep.)
585		-
586		-
587		-	Section 15. The Illinois State Police Law of the Civil
588		-	Administrative Code of Illinois is amended by repealing
589		-	Section 2605-378.
590		-	Section 20. The Illinois State Police Act is amended by
591		-	changing Section 40.1 as follows:
592		-	(20 ILCS 2610/40.1)
593		-	Sec. 40.1. Mandated training compliance. The Director of
594		-	the Illinois State Police and the Illinois State Police
595		-	Academy shall ensure all Illinois State Police cadets and
596		-	officers comply with all statutory, regulatory, and department
597		-	mandated training. The Illinois State Police Academy shall
598		-	maintain and store training records for Illinois State Police
599		-	officers.
600		-	(Source: P.A. 101-652, eff. 1-1-22.)
601		-	Section 25. The Narcotic Control Division Abolition Act is
602		-	amended by by changing Section 9 as follows:
603		-	(20 ILCS 2620/9) (from Ch. 127, par. 55l)
604		-	Sec. 9. The Director shall make , in an annual report to the
605		-	Governor, report the results obtained in the enforcement of
606		-	this Act available on the Illinois State Police website and
607		-	may make , together with such other information and
608		-	recommendations to the Governor annually as the Director he
609		-
610		-
611		-	deems proper.
612		-	(Source: P.A. 76-442.)
613		-	Section 30. The Criminal Identification Act is amended by
614		-	changing Section 5.2 as follows:
615		-	(20 ILCS 2630/5.2)
616		-	Sec. 5.2. Expungement, sealing, and immediate sealing.
617		-	(a) General Provisions.
618		-	(1) Definitions. In this Act, words and phrases have
619		-	the meanings set forth in this subsection, except when a
620		-	particular context clearly requires a different meaning.
621		-	(A) The following terms shall have the meanings
622		-	ascribed to them in the following Sections of the
623		-	Unified Code of Corrections:
624		-	Business Offense, Section 5-1-2.
625		-	Charge, Section 5-1-3.
626		-	Court, Section 5-1-6.
627		-	Defendant, Section 5-1-7.
628		-	Felony, Section 5-1-9.
629		-	Imprisonment, Section 5-1-10.
630		-	Judgment, Section 5-1-12.
631		-	Misdemeanor, Section 5-1-14.
632		-	Offense, Section 5-1-15.
633		-	Parole, Section 5-1-16.
634		-	Petty Offense, Section 5-1-17.
635		-
636		-
637		-	Probation, Section 5-1-18.
638		-	Sentence, Section 5-1-19.
639		-	Supervision, Section 5-1-21.
640		-	Victim, Section 5-1-22.
641		-	(B) As used in this Section, "charge not initiated
642		-	by arrest" means a charge (as defined by Section 5-1-3
643		-	of the Unified Code of Corrections) brought against a
644		-	defendant where the defendant is not arrested prior to
645		-	or as a direct result of the charge.
646		-	(C) "Conviction" means a judgment of conviction or
647		-	sentence entered upon a plea of guilty or upon a
648		-	verdict or finding of guilty of an offense, rendered
649		-	by a legally constituted jury or by a court of
650		-	competent jurisdiction authorized to try the case
651		-	without a jury. An order of supervision successfully
652		-	completed by the petitioner is not a conviction. An
653		-	order of qualified probation (as defined in subsection
654		-	(a)(1)(J)) successfully completed by the petitioner is
655		-	not a conviction. An order of supervision or an order
656		-	of qualified probation that is terminated
657		-	unsatisfactorily is a conviction, unless the
658		-	unsatisfactory termination is reversed, vacated, or
659		-	modified and the judgment of conviction, if any, is
660		-	reversed or vacated.
661		-	(D) "Criminal offense" means a petty offense,
662		-	business offense, misdemeanor, felony, or municipal
663		-
664		-
665		-	ordinance violation (as defined in subsection
666		-	(a)(1)(H)). As used in this Section, a minor traffic
667		-	offense (as defined in subsection (a)(1)(G)) shall not
668		-	be considered a criminal offense.
669		-	(E) "Expunge" means to physically destroy the
670		-	records or return them to the petitioner and to
671		-	obliterate the petitioner's name from any official
672		-	index or public record, or both. Nothing in this Act
673		-	shall require the physical destruction of the circuit
674		-	court file, but such records relating to arrests or
675		-	charges, or both, ordered expunged shall be impounded
676		-	as required by subsections (d)(9)(A)(ii) and
677		-	(d)(9)(B)(ii).
678		-	(F) As used in this Section, "last sentence" means
679		-	the sentence, order of supervision, or order of
680		-	qualified probation (as defined by subsection
681		-	(a)(1)(J)), for a criminal offense (as defined by
682		-	subsection (a)(1)(D)) that terminates last in time in
683		-	any jurisdiction, regardless of whether the petitioner
684		-	has included the criminal offense for which the
685		-	sentence or order of supervision or qualified
686		-	probation was imposed in his or her petition. If
687		-	multiple sentences, orders of supervision, or orders
688		-	of qualified probation terminate on the same day and
689		-	are last in time, they shall be collectively
690		-	considered the "last sentence" regardless of whether
691		-
692		-
693		-	they were ordered to run concurrently.
694		-	(G) "Minor traffic offense" means a petty offense,
695		-	business offense, or Class C misdemeanor under the
696		-	Illinois Vehicle Code or a similar provision of a
697		-	municipal or local ordinance.
698		-	(G-5) "Minor Cannabis Offense" means a violation
699		-	of Section 4 or 5 of the Cannabis Control Act
700		-	concerning not more than 30 grams of any substance
701		-	containing cannabis, provided the violation did not
702		-	include a penalty enhancement under Section 7 of the
703		-	Cannabis Control Act and is not associated with an
704		-	arrest, conviction or other disposition for a violent
705		-	crime as defined in subsection (c) of Section 3 of the
706		-	Rights of Crime Victims and Witnesses Act.
707		-	(H) "Municipal ordinance violation" means an
708		-	offense defined by a municipal or local ordinance that
709		-	is criminal in nature and with which the petitioner
710		-	was charged or for which the petitioner was arrested
711		-	and released without charging.
712		-	(I) "Petitioner" means an adult or a minor
713		-	prosecuted as an adult who has applied for relief
714		-	under this Section.
715		-	(J) "Qualified probation" means an order of
716		-	probation under Section 10 of the Cannabis Control
717		-	Act, Section 410 of the Illinois Controlled Substances
718		-	Act, Section 70 of the Methamphetamine Control and
719		-
720		-
721		-	Community Protection Act, Section 5-6-3.3 or 5-6-3.4
722		-	of the Unified Code of Corrections, Section
723		-	12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
724		-	those provisions existed before their deletion by
725		-	Public Act 89-313), Section 10-102 of the Illinois
726		-	Alcoholism and Other Drug Dependency Act, Section
727		-	40-10 of the Substance Use Disorder Act, or Section 10
728		-	of the Steroid Control Act. For the purpose of this
729		-	Section, "successful completion" of an order of
730		-	qualified probation under Section 10-102 of the
731		-	Illinois Alcoholism and Other Drug Dependency Act and
732		-	Section 40-10 of the Substance Use Disorder Act means
733		-	that the probation was terminated satisfactorily and
734		-	the judgment of conviction was vacated.
735		-	(K) "Seal" means to physically and electronically
736		-	maintain the records, unless the records would
737		-	otherwise be destroyed due to age, but to make the
738		-	records unavailable without a court order, subject to
739		-	the exceptions in Sections 12 and 13 of this Act. The
740		-	petitioner's name shall also be obliterated from the
741		-	official index required to be kept by the circuit
742		-	court clerk under Section 16 of the Clerks of Courts
743		-	Act, but any index issued by the circuit court clerk
744		-	before the entry of the order to seal shall not be
745		-	affected.
746		-	(L) "Sexual offense committed against a minor"
747		-
748		-
749		-	includes, but is not limited to, the offenses of
750		-	indecent solicitation of a child or criminal sexual
751		-	abuse when the victim of such offense is under 18 years
752		-	of age.
753		-	(M) "Terminate" as it relates to a sentence or
754		-	order of supervision or qualified probation includes
755		-	either satisfactory or unsatisfactory termination of
756		-	the sentence, unless otherwise specified in this
757		-	Section. A sentence is terminated notwithstanding any
758		-	outstanding financial legal obligation.
759		-	(2) Minor Traffic Offenses. Orders of supervision or
760		-	convictions for minor traffic offenses shall not affect a
761		-	petitioner's eligibility to expunge or seal records
762		-	pursuant to this Section.
763		-	(2.5) Commencing 180 days after July 29, 2016 (the
764		-	effective date of Public Act 99-697), the law enforcement
765		-	agency issuing the citation shall automatically expunge,
766		-	on or before January 1 and July 1 of each year, the law
767		-	enforcement records of a person found to have committed a
768		-	civil law violation of subsection (a) of Section 4 of the
769		-	Cannabis Control Act or subsection (c) of Section 3.5 of
770		-	the Drug Paraphernalia Control Act in the law enforcement
771		-	agency's possession or control and which contains the
772		-	final satisfactory disposition which pertain to the person
773		-	issued a citation for that offense. The law enforcement
774		-	agency shall provide by rule the process for access,
775		-
776		-
777		-	review, and to confirm the automatic expungement by the
778		-	law enforcement agency issuing the citation. Commencing
779		-	180 days after July 29, 2016 (the effective date of Public
780		-	Act 99-697), the clerk of the circuit court shall expunge,
781		-	upon order of the court, or in the absence of a court order
782		-	on or before January 1 and July 1 of each year, the court
783		-	records of a person found in the circuit court to have
784		-	committed a civil law violation of subsection (a) of
785		-	Section 4 of the Cannabis Control Act or subsection (c) of
786		-	Section 3.5 of the Drug Paraphernalia Control Act in the
787		-	clerk's possession or control and which contains the final
788		-	satisfactory disposition which pertain to the person
789		-	issued a citation for any of those offenses.
790		-	(3) Exclusions. Except as otherwise provided in
791		-	subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
792		-	of this Section, the court shall not order:
793		-	(A) the sealing or expungement of the records of
794		-	arrests or charges not initiated by arrest that result
795		-	in an order of supervision for or conviction of: (i)
796		-	any sexual offense committed against a minor; (ii)
797		-	Section 11-501 of the Illinois Vehicle Code or a
798		-	similar provision of a local ordinance; or (iii)
799		-	Section 11-503 of the Illinois Vehicle Code or a
800		-	similar provision of a local ordinance, unless the
801		-	arrest or charge is for a misdemeanor violation of
802		-	subsection (a) of Section 11-503 or a similar
803		-
804		-
805		-	provision of a local ordinance, that occurred prior to
806		-	the offender reaching the age of 25 years and the
807		-	offender has no other conviction for violating Section
808		-	11-501 or 11-503 of the Illinois Vehicle Code or a
809		-	similar provision of a local ordinance.
810		-	(B) the sealing or expungement of records of minor
811		-	traffic offenses (as defined in subsection (a)(1)(G)),
812		-	unless the petitioner was arrested and released
813		-	without charging.
814		-	(C) the sealing of the records of arrests or
815		-	charges not initiated by arrest which result in an
816		-	order of supervision or a conviction for the following
817		-	offenses:
818		-	(i) offenses included in Article 11 of the
819		-	Criminal Code of 1961 or the Criminal Code of 2012
820		-	or a similar provision of a local ordinance,
821		-	except Section 11-14 and a misdemeanor violation
822		-	of Section 11-30 of the Criminal Code of 1961 or
823		-	the Criminal Code of 2012, or a similar provision
824		-	of a local ordinance;
825		-	(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
826		-	26-5, or 48-1 of the Criminal Code of 1961 or the
827		-	Criminal Code of 2012, or a similar provision of a
828		-	local ordinance;
829		-	(iii) Section 12-3.1 or 12-3.2 of the Criminal
830		-	Code of 1961 or the Criminal Code of 2012, or
831		-
832		-
833		-	Section 125 of the Stalking No Contact Order Act,
834		-	or Section 219 of the Civil No Contact Order Act,
835		-	or a similar provision of a local ordinance;
836		-	(iv) Class A misdemeanors or felony offenses
837		-	under the Humane Care for Animals Act; or
838		-	(v) any offense or attempted offense that
839		-	would subject a person to registration under the
840		-	Sex Offender Registration Act.
841		-	(D) (blank).
842		-	(b) Expungement.
843		-	(1) A petitioner may petition the circuit court to
844		-	expunge the records of his or her arrests and charges not
845		-	initiated by arrest when each arrest or charge not
846		-	initiated by arrest sought to be expunged resulted in: (i)
847		-	acquittal, dismissal, or the petitioner's release without
848		-	charging, unless excluded by subsection (a)(3)(B); (ii) a
849		-	conviction which was vacated or reversed, unless excluded
850		-	by subsection (a)(3)(B); (iii) an order of supervision and
851		-	such supervision was successfully completed by the
852		-	petitioner, unless excluded by subsection (a)(3)(A) or
853		-	(a)(3)(B); or (iv) an order of qualified probation (as
854		-	defined in subsection (a)(1)(J)) and such probation was
855		-	successfully completed by the petitioner.
856		-	(1.5) When a petitioner seeks to have a record of
857		-	arrest expunged under this Section, and the offender has
858		-	been convicted of a criminal offense, the State's Attorney
859		-
860		-
861		-	may object to the expungement on the grounds that the
862		-	records contain specific relevant information aside from
863		-	the mere fact of the arrest.
864		-	(2) Time frame for filing a petition to expunge.
865		-	(A) When the arrest or charge not initiated by
866		-	arrest sought to be expunged resulted in an acquittal,
867		-	dismissal, the petitioner's release without charging,
868		-	or the reversal or vacation of a conviction, there is
869		-	no waiting period to petition for the expungement of
870		-	such records.
871		-	(B) When the arrest or charge not initiated by
872		-	arrest sought to be expunged resulted in an order of
873		-	supervision, successfully completed by the petitioner,
874		-	the following time frames will apply:
875		-	(i) Those arrests or charges that resulted in
876		-	orders of supervision under Section 3-707, 3-708,
877		-	3-710, or 5-401.3 of the Illinois Vehicle Code or
878		-	a similar provision of a local ordinance, or under
879		-	Section 11-1.50, 12-3.2, or 12-15 of the Criminal
880		-	Code of 1961 or the Criminal Code of 2012, or a
881		-	similar provision of a local ordinance, shall not
882		-	be eligible for expungement until 5 years have
883		-	passed following the satisfactory termination of
884		-	the supervision.
885		-	(i-5) Those arrests or charges that resulted
886		-	in orders of supervision for a misdemeanor
887		-
888		-
889		-	violation of subsection (a) of Section 11-503 of
890		-	the Illinois Vehicle Code or a similar provision
891		-	of a local ordinance, that occurred prior to the
892		-	offender reaching the age of 25 years and the
893		-	offender has no other conviction for violating
894		-	Section 11-501 or 11-503 of the Illinois Vehicle
895		-	Code or a similar provision of a local ordinance
896		-	shall not be eligible for expungement until the
897		-	petitioner has reached the age of 25 years.
898		-	(ii) Those arrests or charges that resulted in
899		-	orders of supervision for any other offenses shall
900		-	not be eligible for expungement until 2 years have
901		-	passed following the satisfactory termination of
902		-	the supervision.
903		-	(C) When the arrest or charge not initiated by
904		-	arrest sought to be expunged resulted in an order of
905		-	qualified probation, successfully completed by the
906		-	petitioner, such records shall not be eligible for
907		-	expungement until 5 years have passed following the
908		-	satisfactory termination of the probation.
909		-	(3) Those records maintained by the Illinois State
910		-	Police for persons arrested prior to their 17th birthday
911		-	shall be expunged as provided in Section 5-915 of the
912		-	Juvenile Court Act of 1987.
913		-	(4) Whenever a person has been arrested for or
914		-	convicted of any offense, in the name of a person whose
915		-
916		-
917		-	identity he or she has stolen or otherwise come into
918		-	possession of, the aggrieved person from whom the identity
919		-	was stolen or otherwise obtained without authorization,
920		-	upon learning of the person having been arrested using his
921		-	or her identity, may, upon verified petition to the chief
922		-	judge of the circuit wherein the arrest was made, have a
923		-	court order entered nunc pro tunc by the Chief Judge to
924		-	correct the arrest record, conviction record, if any, and
925		-	all official records of the arresting authority, the
926		-	Illinois State Police, other criminal justice agencies,
927		-	the prosecutor, and the trial court concerning such
928		-	arrest, if any, by removing his or her name from all such
929		-	records in connection with the arrest and conviction, if
930		-	any, and by inserting in the records the name of the
931		-	offender, if known or ascertainable, in lieu of the
932		-	aggrieved's name. The records of the circuit court clerk
933		-	shall be sealed until further order of the court upon good
934		-	cause shown and the name of the aggrieved person
935		-	obliterated on the official index required to be kept by
936		-	the circuit court clerk under Section 16 of the Clerks of
937		-	Courts Act, but the order shall not affect any index
938		-	issued by the circuit court clerk before the entry of the
939		-	order. Nothing in this Section shall limit the Illinois
940		-	State Police or other criminal justice agencies or
941		-	prosecutors from listing under an offender's name the
942		-	false names he or she has used.
943		-
944		-
945		-	(5) Whenever a person has been convicted of criminal
946		-	sexual assault, aggravated criminal sexual assault,
947		-	predatory criminal sexual assault of a child, criminal
948		-	sexual abuse, or aggravated criminal sexual abuse, the
949		-	victim of that offense may request that the State's
950		-	Attorney of the county in which the conviction occurred
951		-	file a verified petition with the presiding trial judge at
952		-	the petitioner's trial to have a court order entered to
953		-	seal the records of the circuit court clerk in connection
954		-	with the proceedings of the trial court concerning that
955		-	offense. However, the records of the arresting authority
956		-	and the Illinois State Police concerning the offense shall
957		-	not be sealed. The court, upon good cause shown, shall
958		-	make the records of the circuit court clerk in connection
959		-	with the proceedings of the trial court concerning the
960		-	offense available for public inspection.
961		-	(6) If a conviction has been set aside on direct
962		-	review or on collateral attack and the court determines by
963		-	clear and convincing evidence that the petitioner was
964		-	factually innocent of the charge, the court that finds the
965		-	petitioner factually innocent of the charge shall enter an
966		-	expungement order for the conviction for which the
967		-	petitioner has been determined to be innocent as provided
968		-	in subsection (b) of Section 5-5-4 of the Unified Code of
969		-	Corrections.
970		-	(7) Nothing in this Section shall prevent the Illinois
971		-
972		-
973		-	State Police from maintaining all records of any person
974		-	who is admitted to probation upon terms and conditions and
975		-	who fulfills those terms and conditions pursuant to
976		-	Section 10 of the Cannabis Control Act, Section 410 of the
977		-	Illinois Controlled Substances Act, Section 70 of the
978		-	Methamphetamine Control and Community Protection Act,
979		-	Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
980		-	Corrections, Section 12-4.3 or subdivision (b)(1) of
981		-	Section 12-3.05 of the Criminal Code of 1961 or the
982		-	Criminal Code of 2012, Section 10-102 of the Illinois
983		-	Alcoholism and Other Drug Dependency Act, Section 40-10 of
984		-	the Substance Use Disorder Act, or Section 10 of the
985		-	Steroid Control Act.
986		-	(8) If the petitioner has been granted a certificate
987		-	of innocence under Section 2-702 of the Code of Civil
988		-	Procedure, the court that grants the certificate of
989		-	innocence shall also enter an order expunging the
990		-	conviction for which the petitioner has been determined to
991		-	be innocent as provided in subsection (h) of Section 2-702
992		-	of the Code of Civil Procedure.
993		-	(c) Sealing.
994		-	(1) Applicability. Notwithstanding any other provision
995		-	of this Act to the contrary, and cumulative with any
996		-	rights to expungement of criminal records, this subsection
997		-	authorizes the sealing of criminal records of adults and
998		-	of minors prosecuted as adults. Subsection (g) of this
999		-
1000		-
1001		-	Section provides for immediate sealing of certain records.
1002		-	(2) Eligible Records. The following records may be
1003		-	sealed:
1004		-	(A) All arrests resulting in release without
1005		-	charging;
1006		-	(B) Arrests or charges not initiated by arrest
1007		-	resulting in acquittal, dismissal, or conviction when
1008		-	the conviction was reversed or vacated, except as
1009		-	excluded by subsection (a)(3)(B);
1010		-	(C) Arrests or charges not initiated by arrest
1011		-	resulting in orders of supervision, including orders
1012		-	of supervision for municipal ordinance violations,
1013		-	successfully completed by the petitioner, unless
1014		-	excluded by subsection (a)(3);
1015		-	(D) Arrests or charges not initiated by arrest
1016		-	resulting in convictions, including convictions on
1017		-	municipal ordinance violations, unless excluded by
1018		-	subsection (a)(3);
1019		-	(E) Arrests or charges not initiated by arrest
1020		-	resulting in orders of first offender probation under
1021		-	Section 10 of the Cannabis Control Act, Section 410 of
1022		-	the Illinois Controlled Substances Act, Section 70 of
1023		-	the Methamphetamine Control and Community Protection
1024		-	Act, or Section 5-6-3.3 of the Unified Code of
1025		-	Corrections; and
1026		-	(F) Arrests or charges not initiated by arrest
1027		-
1028		-
1029		-	resulting in felony convictions unless otherwise
1030		-	excluded by subsection (a) paragraph (3) of this
1031		-	Section.
1032		-	(3) When Records Are Eligible to Be Sealed. Records
1033		-	identified as eligible under subsection (c)(2) may be
1034		-	sealed as follows:
1035		-	(A) Records identified as eligible under
1036		-	subsections (c)(2)(A) and (c)(2)(B) may be sealed at
1037		-	any time.
1038		-	(B) Except as otherwise provided in subparagraph
1039		-	(E) of this paragraph (3), records identified as
1040		-	eligible under subsection (c)(2)(C) may be sealed 2
1041		-	years after the termination of petitioner's last
1042		-	sentence (as defined in subsection (a)(1)(F)).
1043		-	(C) Except as otherwise provided in subparagraph
1044		-	(E) of this paragraph (3), records identified as
1045		-	eligible under subsections (c)(2)(D), (c)(2)(E), and
1046		-	(c)(2)(F) may be sealed 3 years after the termination
1047		-	of the petitioner's last sentence (as defined in
1048		-	subsection (a)(1)(F)). Convictions requiring public
1049		-	registration under the Arsonist Registry Act Arsonist
1050		-	Registration Act, the Sex Offender Registration Act,
1051		-	or the Murderer and Violent Offender Against Youth
1052		-	Registration Act may not be sealed until the
1053		-	petitioner is no longer required to register under
1054		-	that relevant Act.
1055		-
1056		-
1057		-	(D) Records identified in subsection
1058		-	(a)(3)(A)(iii) may be sealed after the petitioner has
1059		-	reached the age of 25 years.
1060		-	(E) Records identified as eligible under
1061		-	subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
1062		-	(c)(2)(F) may be sealed upon termination of the
1063		-	petitioner's last sentence if the petitioner earned a
1064		-	high school diploma, associate's degree, career
1065		-	certificate, vocational technical certification, or
1066		-	bachelor's degree, or passed the high school level
1067		-	Test of General Educational Development, during the
1068		-	period of his or her sentence or mandatory supervised
1069		-	release. This subparagraph shall apply only to a
1070		-	petitioner who has not completed the same educational
1071		-	goal prior to the period of his or her sentence or
1072		-	mandatory supervised release. If a petition for
1073		-	sealing eligible records filed under this subparagraph
1074		-	is denied by the court, the time periods under
1075		-	subparagraph (B) or (C) shall apply to any subsequent
1076		-	petition for sealing filed by the petitioner.
1077		-	(4) Subsequent felony convictions. A person may not
1078		-	have subsequent felony conviction records sealed as
1079		-	provided in this subsection (c) if he or she is convicted
1080		-	of any felony offense after the date of the sealing of
1081		-	prior felony convictions as provided in this subsection
1082		-	(c). The court may, upon conviction for a subsequent
1083		-
1084		-
1085		-	felony offense, order the unsealing of prior felony
1086		-	conviction records previously ordered sealed by the court.
1087		-	(5) Notice of eligibility for sealing. Upon entry of a
1088		-	disposition for an eligible record under this subsection
1089		-	(c), the petitioner shall be informed by the court of the
1090		-	right to have the records sealed and the procedures for
1091		-	the sealing of the records.
1092		-	(d) Procedure. The following procedures apply to
1093		-	expungement under subsections (b), (e), and (e-6) and sealing
1094		-	under subsections (c) and (e-5):
1095		-	(1) Filing the petition. Upon becoming eligible to
1096		-	petition for the expungement or sealing of records under
1097		-	this Section, the petitioner shall file a petition
1098		-	requesting the expungement or sealing of records with the
1099		-	clerk of the court where the arrests occurred or the
1100		-	charges were brought, or both. If arrests occurred or
1101		-	charges were brought in multiple jurisdictions, a petition
1102		-	must be filed in each such jurisdiction. The petitioner
1103		-	shall pay the applicable fee, except no fee shall be
1104		-	required if the petitioner has obtained a court order
1105		-	waiving fees under Supreme Court Rule 298 or it is
1106		-	otherwise waived.
1107		-	(1.5) County fee waiver pilot program. From August 9,
1108		-	2019 (the effective date of Public Act 101-306) through
1109		-	December 31, 2020, in a county of 3,000,000 or more
1110		-	inhabitants, no fee shall be required to be paid by a
1111		-
1112		-
1113		-	petitioner if the records sought to be expunged or sealed
1114		-	were arrests resulting in release without charging or
1115		-	arrests or charges not initiated by arrest resulting in
1116		-	acquittal, dismissal, or conviction when the conviction
1117		-	was reversed or vacated, unless excluded by subsection
1118		-	(a)(3)(B). The provisions of this paragraph (1.5), other
1119		-	than this sentence, are inoperative on and after January
1120		-	1, 2022.
1121		-	(2) Contents of petition. The petition shall be
1122		-	verified and shall contain the petitioner's name, date of
1123		-	birth, current address and, for each arrest or charge not
1124		-	initiated by arrest sought to be sealed or expunged, the
1125		-	case number, the date of arrest (if any), the identity of
1126		-	the arresting authority, and such other information as the
1127		-	court may require. During the pendency of the proceeding,
1128		-	the petitioner shall promptly notify the circuit court
1129		-	clerk of any change of his or her address. If the
1130		-	petitioner has received a certificate of eligibility for
1131		-	sealing from the Prisoner Review Board under paragraph
1132		-	(10) of subsection (a) of Section 3-3-2 of the Unified
1133		-	Code of Corrections, the certificate shall be attached to
1134		-	the petition.
1135		-	(3) Drug test. The petitioner must attach to the
1136		-	petition proof that the petitioner has taken within 30
1137		-	days before the filing of the petition a test showing the
1138		-	absence within his or her body of all illegal substances
1139		-
1140		-
1141		-	as defined by the Illinois Controlled Substances Act and
1142		-	the Methamphetamine Control and Community Protection Act
1143		-	if he or she is petitioning to:
1144		-	(A) seal felony records under clause (c)(2)(E);
1145		-	(B) seal felony records for a violation of the
1146		-	Illinois Controlled Substances Act, the
1147		-	Methamphetamine Control and Community Protection Act,
1148		-	or the Cannabis Control Act under clause (c)(2)(F);
1149		-	(C) seal felony records under subsection (e-5); or
1150		-	(D) expunge felony records of a qualified
1151		-	probation under clause (b)(1)(iv).
1152		-	(4) Service of petition. The circuit court clerk shall
1153		-	promptly serve a copy of the petition and documentation to
1154		-	support the petition under subsection (e-5) or (e-6) on
1155		-	the State's Attorney or prosecutor charged with the duty
1156		-	of prosecuting the offense, the Illinois State Police, the
1157		-	arresting agency and the chief legal officer of the unit
1158		-	of local government effecting the arrest.
1159		-	(5) Objections.
1160		-	(A) Any party entitled to notice of the petition
1161		-	may file an objection to the petition. All objections
1162		-	shall be in writing, shall be filed with the circuit
1163		-	court clerk, and shall state with specificity the
1164		-	basis of the objection. Whenever a person who has been
1165		-	convicted of an offense is granted a pardon by the
1166		-	Governor which specifically authorizes expungement, an
1167		-
1168		-
1169		-	objection to the petition may not be filed.
1170		-	(B) Objections to a petition to expunge or seal
1171		-	must be filed within 60 days of the date of service of
1172		-	the petition.
1173		-	(6) Entry of order.
1174		-	(A) The Chief Judge of the circuit wherein the
1175		-	charge was brought, any judge of that circuit
1176		-	designated by the Chief Judge, or in counties of less
1177		-	than 3,000,000 inhabitants, the presiding trial judge
1178		-	at the petitioner's trial, if any, shall rule on the
1179		-	petition to expunge or seal as set forth in this
1180		-	subsection (d)(6).
1181		-	(B) Unless the State's Attorney or prosecutor, the
1182		-	Illinois State Police, the arresting agency, or the
1183		-	chief legal officer files an objection to the petition
1184		-	to expunge or seal within 60 days from the date of
1185		-	service of the petition, the court shall enter an
1186		-	order granting or denying the petition.
1187		-	(C) Notwithstanding any other provision of law,
1188		-	the court shall not deny a petition for sealing under
1189		-	this Section because the petitioner has not satisfied
1190		-	an outstanding legal financial obligation established,
1191		-	imposed, or originated by a court, law enforcement
1192		-	agency, or a municipal, State, county, or other unit
1193		-	of local government, including, but not limited to,
1194		-	any cost, assessment, fine, or fee. An outstanding
1195		-
1196		-
1197		-	legal financial obligation does not include any court
1198		-	ordered restitution to a victim under Section 5-5-6 of
1199		-	the Unified Code of Corrections, unless the
1200		-	restitution has been converted to a civil judgment.
1201		-	Nothing in this subparagraph (C) waives, rescinds, or
1202		-	abrogates a legal financial obligation or otherwise
1203		-	eliminates or affects the right of the holder of any
1204		-	financial obligation to pursue collection under
1205		-	applicable federal, State, or local law.
1206		-	(D) Notwithstanding any other provision of law,
1207		-	the court shall not deny a petition to expunge or seal
1208		-	under this Section because the petitioner has
1209		-	submitted a drug test taken within 30 days before the
1210		-	filing of the petition to expunge or seal that
1211		-	indicates a positive test for the presence of cannabis
1212		-	within the petitioner's body. In this subparagraph
1213		-	(D), "cannabis" has the meaning ascribed to it in
1214		-	Section 3 of the Cannabis Control Act.
1215		-	(7) Hearings. If an objection is filed, the court
1216		-	shall set a date for a hearing and notify the petitioner
1217		-	and all parties entitled to notice of the petition of the
1218		-	hearing date at least 30 days prior to the hearing. Prior
1219		-	to the hearing, the State's Attorney shall consult with
1220		-	the Illinois State Police as to the appropriateness of the
1221		-	relief sought in the petition to expunge or seal. At the
1222		-	hearing, the court shall hear evidence on whether the
1223		-
1224		-
1225		-	petition should or should not be granted, and shall grant
1226		-	or deny the petition to expunge or seal the records based
1227		-	on the evidence presented at the hearing. The court may
1228		-	consider the following:
1229		-	(A) the strength of the evidence supporting the
1230		-	defendant's conviction;
1231		-	(B) the reasons for retention of the conviction
1232		-	records by the State;
1233		-	(C) the petitioner's age, criminal record history,
1234		-	and employment history;
1235		-	(D) the period of time between the petitioner's
1236		-	arrest on the charge resulting in the conviction and
1237		-	the filing of the petition under this Section; and
1238		-	(E) the specific adverse consequences the
1239		-	petitioner may be subject to if the petition is
1240		-	denied.
1241		-	(8) Service of order. After entering an order to
1242		-	expunge or seal records, the court must provide copies of
1243		-	the order to the Illinois State Police, in a form and
1244		-	manner prescribed by the Illinois State Police, to the
1245		-	petitioner, to the State's Attorney or prosecutor charged
1246		-	with the duty of prosecuting the offense, to the arresting
1247		-	agency, to the chief legal officer of the unit of local
1248		-	government effecting the arrest, and to such other
1249		-	criminal justice agencies as may be ordered by the court.
1250		-	(9) Implementation of order.
1251		-
1252		-
1253		-	(A) Upon entry of an order to expunge records
1254		-	pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
1255		-	both:
1256		-	(i) the records shall be expunged (as defined
1257		-	in subsection (a)(1)(E)) by the arresting agency,
1258		-	the Illinois State Police, and any other agency as
1259		-	ordered by the court, within 60 days of the date of
1260		-	service of the order, unless a motion to vacate,
1261		-	modify, or reconsider the order is filed pursuant
1262		-	to paragraph (12) of subsection (d) of this
1263		-	Section;
1264		-	(ii) the records of the circuit court clerk
1265		-	shall be impounded until further order of the
1266		-	court upon good cause shown and the name of the
1267		-	petitioner obliterated on the official index
1268		-	required to be kept by the circuit court clerk
1269		-	under Section 16 of the Clerks of Courts Act, but
1270		-	the order shall not affect any index issued by the
1271		-	circuit court clerk before the entry of the order;
1272		-	and
1273		-	(iii) in response to an inquiry for expunged
1274		-	records, the court, the Illinois State Police, or
1275		-	the agency receiving such inquiry, shall reply as
1276		-	it does in response to inquiries when no records
1277		-	ever existed.
1278		-	(B) Upon entry of an order to expunge records
1279		-
1280		-
1281		-	pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
1282		-	both:
1283		-	(i) the records shall be expunged (as defined
1284		-	in subsection (a)(1)(E)) by the arresting agency
1285		-	and any other agency as ordered by the court,
1286		-	within 60 days of the date of service of the order,
1287		-	unless a motion to vacate, modify, or reconsider
1288		-	the order is filed pursuant to paragraph (12) of
1289		-	subsection (d) of this Section;
1290		-	(ii) the records of the circuit court clerk
1291		-	shall be impounded until further order of the
1292		-	court upon good cause shown and the name of the
1293		-	petitioner obliterated on the official index
1294		-	required to be kept by the circuit court clerk
1295		-	under Section 16 of the Clerks of Courts Act, but
1296		-	the order shall not affect any index issued by the
1297		-	circuit court clerk before the entry of the order;
1298		-	(iii) the records shall be impounded by the
1299		-	Illinois State Police within 60 days of the date
1300		-	of service of the order as ordered by the court,
1301		-	unless a motion to vacate, modify, or reconsider
1302		-	the order is filed pursuant to paragraph (12) of
1303		-	subsection (d) of this Section;
1304		-	(iv) records impounded by the Illinois State
1305		-	Police may be disseminated by the Illinois State
1306		-	Police only as required by law or to the arresting
1307		-
1308		-
1309		-	authority, the State's Attorney, and the court
1310		-	upon a later arrest for the same or a similar
1311		-	offense or for the purpose of sentencing for any
1312		-	subsequent felony, and to the Department of
1313		-	Corrections upon conviction for any offense; and
1314		-	(v) in response to an inquiry for such records
1315		-	from anyone not authorized by law to access such
1316		-	records, the court, the Illinois State Police, or
1317		-	the agency receiving such inquiry shall reply as
1318		-	it does in response to inquiries when no records
1319		-	ever existed.
1320		-	(B-5) Upon entry of an order to expunge records
1321		-	under subsection (e-6):
1322		-	(i) the records shall be expunged (as defined
1323		-	in subsection (a)(1)(E)) by the arresting agency
1324		-	and any other agency as ordered by the court,
1325		-	within 60 days of the date of service of the order,
1326		-	unless a motion to vacate, modify, or reconsider
1327		-	the order is filed under paragraph (12) of
1328		-	subsection (d) of this Section;
1329		-	(ii) the records of the circuit court clerk
1330		-	shall be impounded until further order of the
1331		-	court upon good cause shown and the name of the
1332		-	petitioner obliterated on the official index
1333		-	required to be kept by the circuit court clerk
1334		-	under Section 16 of the Clerks of Courts Act, but
1335		-
1336		-
1337		-	the order shall not affect any index issued by the
1338		-	circuit court clerk before the entry of the order;
1339		-	(iii) the records shall be impounded by the
1340		-	Illinois State Police within 60 days of the date
1341		-	of service of the order as ordered by the court,
1342		-	unless a motion to vacate, modify, or reconsider
1343		-	the order is filed under paragraph (12) of
1344		-	subsection (d) of this Section;
1345		-	(iv) records impounded by the Illinois State
1346		-	Police may be disseminated by the Illinois State
1347		-	Police only as required by law or to the arresting
1348		-	authority, the State's Attorney, and the court
1349		-	upon a later arrest for the same or a similar
1350		-	offense or for the purpose of sentencing for any
1351		-	subsequent felony, and to the Department of
1352		-	Corrections upon conviction for any offense; and
1353		-	(v) in response to an inquiry for these
1354		-	records from anyone not authorized by law to
1355		-	access the records, the court, the Illinois State
1356		-	Police, or the agency receiving the inquiry shall
1357		-	reply as it does in response to inquiries when no
1358		-	records ever existed.
1359		-	(C) Upon entry of an order to seal records under
1360		-	subsection (c), the arresting agency, any other agency
1361		-	as ordered by the court, the Illinois State Police,
1362		-	and the court shall seal the records (as defined in
1363		-
1364		-
1365		-	subsection (a)(1)(K)). In response to an inquiry for
1366		-	such records, from anyone not authorized by law to
1367		-	access such records, the court, the Illinois State
1368		-	Police, or the agency receiving such inquiry shall
1369		-	reply as it does in response to inquiries when no
1370		-	records ever existed.
1371		-	(D) The Illinois State Police shall send written
1372		-	notice to the petitioner of its compliance with each
1373		-	order to expunge or seal records within 60 days of the
1374		-	date of service of that order or, if a motion to
1375		-	vacate, modify, or reconsider is filed, within 60 days
1376		-	of service of the order resolving the motion, if that
1377		-	order requires the Illinois State Police to expunge or
1378		-	seal records. In the event of an appeal from the
1379		-	circuit court order, the Illinois State Police shall
1380		-	send written notice to the petitioner of its
1381		-	compliance with an Appellate Court or Supreme Court
1382		-	judgment to expunge or seal records within 60 days of
1383		-	the issuance of the court's mandate. The notice is not
1384		-	required while any motion to vacate, modify, or
1385		-	reconsider, or any appeal or petition for
1386		-	discretionary appellate review, is pending.
1387		-	(E) Upon motion, the court may order that a sealed
1388		-	judgment or other court record necessary to
1389		-	demonstrate the amount of any legal financial
1390		-	obligation due and owing be made available for the
1391		-
1392		-
1393		-	limited purpose of collecting any legal financial
1394		-	obligations owed by the petitioner that were
1395		-	established, imposed, or originated in the criminal
1396		-	proceeding for which those records have been sealed.
1397		-	The records made available under this subparagraph (E)
1398		-	shall not be entered into the official index required
1399		-	to be kept by the circuit court clerk under Section 16
1400		-	of the Clerks of Courts Act and shall be immediately
1401		-	re-impounded upon the collection of the outstanding
1402		-	financial obligations.
1403		-	(F) Notwithstanding any other provision of this
1404		-	Section, a circuit court clerk may access a sealed
1405		-	record for the limited purpose of collecting payment
1406		-	for any legal financial obligations that were
1407		-	established, imposed, or originated in the criminal
1408		-	proceedings for which those records have been sealed.
1409		-	(10) Fees. The Illinois State Police may charge the
1410		-	petitioner a fee equivalent to the cost of processing any
1411		-	order to expunge or seal records. Notwithstanding any
1412		-	provision of the Clerks of Courts Act to the contrary, the
1413		-	circuit court clerk may charge a fee equivalent to the
1414		-	cost associated with the sealing or expungement of records
1415		-	by the circuit court clerk. From the total filing fee
1416		-	collected for the petition to seal or expunge, the circuit
1417		-	court clerk shall deposit $10 into the Circuit Court Clerk
1418		-	Operation and Administrative Fund, to be used to offset
1419		-
1420		-
1421		-	the costs incurred by the circuit court clerk in
1422		-	performing the additional duties required to serve the
1423		-	petition to seal or expunge on all parties. The circuit
1424		-	court clerk shall collect and remit the Illinois State
1425		-	Police portion of the fee to the State Treasurer and it
1426		-	shall be deposited in the State Police Services Fund. If
1427		-	the record brought under an expungement petition was
1428		-	previously sealed under this Section, the fee for the
1429		-	expungement petition for that same record shall be waived.
1430		-	(11) Final Order. No court order issued under the
1431		-	expungement or sealing provisions of this Section shall
1432		-	become final for purposes of appeal until 30 days after
1433		-	service of the order on the petitioner and all parties
1434		-	entitled to notice of the petition.
1435		-	(12) Motion to Vacate, Modify, or Reconsider. Under
1436		-	Section 2-1203 of the Code of Civil Procedure, the
1437		-	petitioner or any party entitled to notice may file a
1438		-	motion to vacate, modify, or reconsider the order granting
1439		-	or denying the petition to expunge or seal within 60 days
1440		-	of service of the order. If filed more than 60 days after
1441		-	service of the order, a petition to vacate, modify, or
1442		-	reconsider shall comply with subsection (c) of Section
1443		-	2-1401 of the Code of Civil Procedure. Upon filing of a
1444		-	motion to vacate, modify, or reconsider, notice of the
1445		-	motion shall be served upon the petitioner and all parties
1446		-	entitled to notice of the petition.
1447		-
1448		-
1449		-	(13) Effect of Order. An order granting a petition
1450		-	under the expungement or sealing provisions of this
1451		-	Section shall not be considered void because it fails to
1452		-	comply with the provisions of this Section or because of
1453		-	any error asserted in a motion to vacate, modify, or
1454		-	reconsider. The circuit court retains jurisdiction to
1455		-	determine whether the order is voidable and to vacate,
1456		-	modify, or reconsider its terms based on a motion filed
1457		-	under paragraph (12) of this subsection (d).
1458		-	(14) Compliance with Order Granting Petition to Seal
1459		-	Records. Unless a court has entered a stay of an order
1460		-	granting a petition to seal, all parties entitled to
1461		-	notice of the petition must fully comply with the terms of
1462		-	the order within 60 days of service of the order even if a
1463		-	party is seeking relief from the order through a motion
1464		-	filed under paragraph (12) of this subsection (d) or is
1465		-	appealing the order.
1466		-	(15) Compliance with Order Granting Petition to
1467		-	Expunge Records. While a party is seeking relief from the
1468		-	order granting the petition to expunge through a motion
1469		-	filed under paragraph (12) of this subsection (d) or is
1470		-	appealing the order, and unless a court has entered a stay
1471		-	of that order, the parties entitled to notice of the
1472		-	petition must seal, but need not expunge, the records
1473		-	until there is a final order on the motion for relief or,
1474		-	in the case of an appeal, the issuance of that court's
1475		-
1476		-
1477		-	mandate.
1478		-	(16) The changes to this subsection (d) made by Public
1479		-	Act 98-163 apply to all petitions pending on August 5,
1480		-	2013 (the effective date of Public Act 98-163) and to all
1481		-	orders ruling on a petition to expunge or seal on or after
1482		-	August 5, 2013 (the effective date of Public Act 98-163).
1483		-	(e) Whenever a person who has been convicted of an offense
1484		-	is granted a pardon by the Governor which specifically
1485		-	authorizes expungement, he or she may, upon verified petition
1486		-	to the Chief Judge of the circuit where the person had been
1487		-	convicted, any judge of the circuit designated by the Chief
1488		-	Judge, or in counties of less than 3,000,000 inhabitants, the
1489		-	presiding trial judge at the defendant's trial, have a court
1490		-	order entered expunging the record of arrest from the official
1491		-	records of the arresting authority and order that the records
1492		-	of the circuit court clerk and the Illinois State Police be
1493		-	sealed until further order of the court upon good cause shown
1494		-	or as otherwise provided herein, and the name of the defendant
1495		-	obliterated from the official index requested to be kept by
1496		-	the circuit court clerk under Section 16 of the Clerks of
1497		-	Courts Act in connection with the arrest and conviction for
1498		-	the offense for which he or she had been pardoned but the order
1499		-	shall not affect any index issued by the circuit court clerk
1500		-	before the entry of the order. All records sealed by the
1501		-	Illinois State Police may be disseminated by the Illinois
1502		-	State Police only to the arresting authority, the State's
1503		-
1504		-
1505		-	Attorney, and the court upon a later arrest for the same or
1506		-	similar offense or for the purpose of sentencing for any
1507		-	subsequent felony. Upon conviction for any subsequent offense,
1508		-	the Department of Corrections shall have access to all sealed
1509		-	records of the Illinois State Police pertaining to that
1510		-	individual. Upon entry of the order of expungement, the
1511		-	circuit court clerk shall promptly mail a copy of the order to
1512		-	the person who was pardoned.
1513		-	(e-5) Whenever a person who has been convicted of an
1514		-	offense is granted a certificate of eligibility for sealing by
1515		-	the Prisoner Review Board which specifically authorizes
1516		-	sealing, he or she may, upon verified petition to the Chief
1517		-	Judge of the circuit where the person had been convicted, any
1518		-	judge of the circuit designated by the Chief Judge, or in
1519		-	counties of less than 3,000,000 inhabitants, the presiding
1520		-	trial judge at the petitioner's trial, have a court order
1521		-	entered sealing the record of arrest from the official records
1522		-	of the arresting authority and order that the records of the
1523		-	circuit court clerk and the Illinois State Police be sealed
1524		-	until further order of the court upon good cause shown or as
1525		-	otherwise provided herein, and the name of the petitioner
1526		-	obliterated from the official index requested to be kept by
1527		-	the circuit court clerk under Section 16 of the Clerks of
1528		-	Courts Act in connection with the arrest and conviction for
1529		-	the offense for which he or she had been granted the
1530		-	certificate but the order shall not affect any index issued by
1531		-
1532		-
1533		-	the circuit court clerk before the entry of the order. All
1534		-	records sealed by the Illinois State Police may be
1535		-	disseminated by the Illinois State Police only as required by
1536		-	this Act or to the arresting authority, a law enforcement
1537		-	agency, the State's Attorney, and the court upon a later
1538		-	arrest for the same or similar offense or for the purpose of
1539		-	sentencing for any subsequent felony. Upon conviction for any
1540		-	subsequent offense, the Department of Corrections shall have
1541		-	access to all sealed records of the Illinois State Police
1542		-	pertaining to that individual. Upon entry of the order of
1543		-	sealing, the circuit court clerk shall promptly mail a copy of
1544		-	the order to the person who was granted the certificate of
1545		-	eligibility for sealing.
1546		-	(e-6) Whenever a person who has been convicted of an
1547		-	offense is granted a certificate of eligibility for
1548		-	expungement by the Prisoner Review Board which specifically
1549		-	authorizes expungement, he or she may, upon verified petition
1550		-	to the Chief Judge of the circuit where the person had been
1551		-	convicted, any judge of the circuit designated by the Chief
1552		-	Judge, or in counties of less than 3,000,000 inhabitants, the
1553		-	presiding trial judge at the petitioner's trial, have a court
1554		-	order entered expunging the record of arrest from the official
1555		-	records of the arresting authority and order that the records
1556		-	of the circuit court clerk and the Illinois State Police be
1557		-	sealed until further order of the court upon good cause shown
1558		-	or as otherwise provided herein, and the name of the
1559		-
1560		-
1561		-	petitioner obliterated from the official index requested to be
1562		-	kept by the circuit court clerk under Section 16 of the Clerks
1563		-	of Courts Act in connection with the arrest and conviction for
1564		-	the offense for which he or she had been granted the
1565		-	certificate but the order shall not affect any index issued by
1566		-	the circuit court clerk before the entry of the order. All
1567		-	records sealed by the Illinois State Police may be
1568		-	disseminated by the Illinois State Police only as required by
1569		-	this Act or to the arresting authority, a law enforcement
1570		-	agency, the State's Attorney, and the court upon a later
1571		-	arrest for the same or similar offense or for the purpose of
1572		-	sentencing for any subsequent felony. Upon conviction for any
1573		-	subsequent offense, the Department of Corrections shall have
1574		-	access to all expunged records of the Illinois State Police
1575		-	pertaining to that individual. Upon entry of the order of
1576		-	expungement, the circuit court clerk shall promptly mail a
1577		-	copy of the order to the person who was granted the certificate
1578		-	of eligibility for expungement.
1579		-	(f) Subject to available funding, the Illinois Department
1580		-	of Corrections shall conduct a study of the impact of sealing,
1581		-	especially on employment and recidivism rates, utilizing a
1582		-	random sample of those who apply for the sealing of their
1583		-	criminal records under Public Act 93-211. At the request of
1584		-	the Illinois Department of Corrections, records of the
1585		-	Illinois Department of Employment Security shall be utilized
1586		-	as appropriate to assist in the study. The study shall not
1587		-
1588		-
1589		-	disclose any data in a manner that would allow the
1590		-	identification of any particular individual or employing unit.
1591		-	The study shall be made available to the General Assembly no
1592		-	later than September 1, 2010.
1593		-	(g) Immediate Sealing.
1594		-	(1) Applicability. Notwithstanding any other provision
1595		-	of this Act to the contrary, and cumulative with any
1596		-	rights to expungement or sealing of criminal records, this
1597		-	subsection authorizes the immediate sealing of criminal
1598		-	records of adults and of minors prosecuted as adults.
1599		-	(2) Eligible Records. Arrests or charges not initiated
1600		-	by arrest resulting in acquittal or dismissal with
1601		-	prejudice, except as excluded by subsection (a)(3)(B),
1602		-	that occur on or after January 1, 2018 (the effective date
1603		-	of Public Act 100-282), may be sealed immediately if the
1604		-	petition is filed with the circuit court clerk on the same
1605		-	day and during the same hearing in which the case is
1606		-	disposed.
1607		-	(3) When Records are Eligible to be Immediately
1608		-	Sealed. Eligible records under paragraph (2) of this
1609		-	subsection (g) may be sealed immediately after entry of
1610		-	the final disposition of a case, notwithstanding the
1611		-	disposition of other charges in the same case.
1612		-	(4) Notice of Eligibility for Immediate Sealing. Upon
1613		-	entry of a disposition for an eligible record under this
1614		-	subsection (g), the defendant shall be informed by the
1615		-
1616		-
1617		-	court of his or her right to have eligible records
1618		-	immediately sealed and the procedure for the immediate
1619		-	sealing of these records.
1620		-	(5) Procedure. The following procedures apply to
1621		-	immediate sealing under this subsection (g).
1622		-	(A) Filing the Petition. Upon entry of the final
1623		-	disposition of the case, the defendant's attorney may
1624		-	immediately petition the court, on behalf of the
1625		-	defendant, for immediate sealing of eligible records
1626		-	under paragraph (2) of this subsection (g) that are
1627		-	entered on or after January 1, 2018 (the effective
1628		-	date of Public Act 100-282). The immediate sealing
1629		-	petition may be filed with the circuit court clerk
1630		-	during the hearing in which the final disposition of
1631		-	the case is entered. If the defendant's attorney does
1632		-	not file the petition for immediate sealing during the
1633		-	hearing, the defendant may file a petition for sealing
1634		-	at any time as authorized under subsection (c)(3)(A).
1635		-	(B) Contents of Petition. The immediate sealing
1636		-	petition shall be verified and shall contain the
1637		-	petitioner's name, date of birth, current address, and
1638		-	for each eligible record, the case number, the date of
1639		-	arrest if applicable, the identity of the arresting
1640		-	authority if applicable, and other information as the
1641		-	court may require.
1642		-	(C) Drug Test. The petitioner shall not be
1643		-
1644		-
1645		-	required to attach proof that he or she has passed a
1646		-	drug test.
1647		-	(D) Service of Petition. A copy of the petition
1648		-	shall be served on the State's Attorney in open court.
1649		-	The petitioner shall not be required to serve a copy of
1650		-	the petition on any other agency.
1651		-	(E) Entry of Order. The presiding trial judge
1652		-	shall enter an order granting or denying the petition
1653		-	for immediate sealing during the hearing in which it
1654		-	is filed. Petitions for immediate sealing shall be
1655		-	ruled on in the same hearing in which the final
1656		-	disposition of the case is entered.
1657		-	(F) Hearings. The court shall hear the petition
1658		-	for immediate sealing on the same day and during the
1659		-	same hearing in which the disposition is rendered.
1660		-	(G) Service of Order. An order to immediately seal
1661		-	eligible records shall be served in conformance with
1662		-	subsection (d)(8).
1663		-	(H) Implementation of Order. An order to
1664		-	immediately seal records shall be implemented in
1665		-	conformance with subsections (d)(9)(C) and (d)(9)(D).
1666		-	(I) Fees. The fee imposed by the circuit court
1667		-	clerk and the Illinois State Police shall comply with
1668		-	paragraph (1) of subsection (d) of this Section.
1669		-	(J) Final Order. No court order issued under this
1670		-	subsection (g) shall become final for purposes of
1671		-
1672		-
1673		-	appeal until 30 days after service of the order on the
1674		-	petitioner and all parties entitled to service of the
1675		-	order in conformance with subsection (d)(8).
1676		-	(K) Motion to Vacate, Modify, or Reconsider. Under
1677		-	Section 2-1203 of the Code of Civil Procedure, the
1678		-	petitioner, State's Attorney, or the Illinois State
1679		-	Police may file a motion to vacate, modify, or
1680		-	reconsider the order denying the petition to
1681		-	immediately seal within 60 days of service of the
1682		-	order. If filed more than 60 days after service of the
1683		-	order, a petition to vacate, modify, or reconsider
1684		-	shall comply with subsection (c) of Section 2-1401 of
1685		-	the Code of Civil Procedure.
1686		-	(L) Effect of Order. An order granting an
1687		-	immediate sealing petition shall not be considered
1688		-	void because it fails to comply with the provisions of
1689		-	this Section or because of an error asserted in a
1690		-	motion to vacate, modify, or reconsider. The circuit
1691		-	court retains jurisdiction to determine whether the
1692		-	order is voidable, and to vacate, modify, or
1693		-	reconsider its terms based on a motion filed under
1694		-	subparagraph (L) of this subsection (g).
1695		-	(M) Compliance with Order Granting Petition to
1696		-	Seal Records. Unless a court has entered a stay of an
1697		-	order granting a petition to immediately seal, all
1698		-	parties entitled to service of the order must fully
1699		-
1700		-
1701		-	comply with the terms of the order within 60 days of
1702		-	service of the order.
1703		-	(h) Sealing or vacation and expungement of trafficking
1704		-	victims' crimes.
1705		-	(1) A trafficking victim, as defined by paragraph (10)
1706		-	of subsection (a) of Section 10-9 of the Criminal Code of
1707		-	2012, may petition for vacation and expungement or
1708		-	immediate sealing of his or her criminal record upon the
1709		-	completion of his or her last sentence if his or her
1710		-	participation in the underlying offense was a result of
1711		-	human trafficking under Section 10-9 of the Criminal Code
1712		-	of 2012 or a severe form of trafficking under the federal
1713		-	Trafficking Victims Protection Act.
1714		-	(1.5) A petition under paragraph (1) shall be
1715		-	prepared, signed, and filed in accordance with Supreme
1716		-	Court Rule 9. The court may allow the petitioner to attend
1717		-	any required hearing remotely in accordance with local
1718		-	rules. The court may allow a petition to be filed under
1719		-	seal if the public filing of the petition would constitute
1720		-	a risk of harm to the petitioner.
1721		-	(2) A petitioner under this subsection (h), in
1722		-	addition to the requirements provided under paragraph (4)
1723		-	of subsection (d) of this Section, shall include in his or
1724		-	her petition a clear and concise statement that: (A) he or
1725		-	she was a victim of human trafficking at the time of the
1726		-	offense; and (B) that his or her participation in the
1727		-
1728		-
1729		-	offense was a result of human trafficking under Section
1730		-	10-9 of the Criminal Code of 2012 or a severe form of
1731		-	trafficking under the federal Trafficking Victims
1732		-	Protection Act.
1733		-	(3) If an objection is filed alleging that the
1734		-	petitioner is not entitled to vacation and expungement or
1735		-	immediate sealing under this subsection (h), the court
1736		-	shall conduct a hearing under paragraph (7) of subsection
1737		-	(d) of this Section and the court shall determine whether
1738		-	the petitioner is entitled to vacation and expungement or
1739		-	immediate sealing under this subsection (h). A petitioner
1740		-	is eligible for vacation and expungement or immediate
1741		-	relief under this subsection (h) if he or she shows, by a
1742		-	preponderance of the evidence, that: (A) he or she was a
1743		-	victim of human trafficking at the time of the offense;
1744		-	and (B) that his or her participation in the offense was a
1745		-	result of human trafficking under Section 10-9 of the
1746		-	Criminal Code of 2012 or a severe form of trafficking
1747		-	under the federal Trafficking Victims Protection Act.
1748		-	(i) Minor Cannabis Offenses under the Cannabis Control
1749		-	Act.
1750		-	(1) Expungement of Arrest Records of Minor Cannabis
1751		-	Offenses.
1752		-	(A) The Illinois State Police and all law
1753		-	enforcement agencies within the State shall
1754		-	automatically expunge all criminal history records of
1755		-
1756		-
1757		-	an arrest, charge not initiated by arrest, order of
1758		-	supervision, or order of qualified probation for a
1759		-	Minor Cannabis Offense committed prior to June 25,
1760		-	2019 (the effective date of Public Act 101-27) if:
1761		-	(i) One year or more has elapsed since the
1762		-	date of the arrest or law enforcement interaction
1763		-	documented in the records; and
1764		-	(ii) No criminal charges were filed relating
1765		-	to the arrest or law enforcement interaction or
1766		-	criminal charges were filed and subsequently
1767		-	dismissed or vacated or the arrestee was
1768		-	acquitted.
1769		-	(B) If the law enforcement agency is unable to
1770		-	verify satisfaction of condition (ii) in paragraph
1771		-	(A), records that satisfy condition (i) in paragraph
1772		-	(A) shall be automatically expunged.
1773		-	(C) Records shall be expunged by the law
1774		-	enforcement agency under the following timelines:
1775		-	(i) Records created prior to June 25, 2019
1776		-	(the effective date of Public Act 101-27), but on
1777		-	or after January 1, 2013, shall be automatically
1778		-	expunged prior to January 1, 2021;
1779		-	(ii) Records created prior to January 1, 2013,
1780		-	but on or after January 1, 2000, shall be
1781		-	automatically expunged prior to January 1, 2023;
1782		-	(iii) Records created prior to January 1, 2000
1783		-
1784		-
1785		-	shall be automatically expunged prior to January
1786		-	1, 2025.
1787		-	In response to an inquiry for expunged records,
1788		-	the law enforcement agency receiving such inquiry
1789		-	shall reply as it does in response to inquiries when no
1790		-	records ever existed; however, it shall provide a
1791		-	certificate of disposition or confirmation that the
1792		-	record was expunged to the individual whose record was
1793		-	expunged if such a record exists.
1794		-	(D) Nothing in this Section shall be construed to
1795		-	restrict or modify an individual's right to have that
1796		-	individual's records expunged except as otherwise may
1797		-	be provided in this Act, or diminish or abrogate any
1798		-	rights or remedies otherwise available to the
1799		-	individual.
1800		-	(2) Pardons Authorizing Expungement of Minor Cannabis
1801		-	Offenses.
1802		-	(A) Upon June 25, 2019 (the effective date of
1803		-	Public Act 101-27), the Department of State Police
1804		-	shall review all criminal history record information
1805		-	and identify all records that meet all of the
1806		-	following criteria:
1807		-	(i) one or more convictions for a Minor
1808		-	Cannabis Offense;
1809		-	(ii) the conviction identified in paragraph
1810		-	(2)(A)(i) did not include a penalty enhancement
1811		-
1812		-
1813		-	under Section 7 of the Cannabis Control Act; and
1814		-	(iii) the conviction identified in paragraph
1815		-	(2)(A)(i) is not associated with a conviction for
1816		-	a violent crime as defined in subsection (c) of
1817		-	Section 3 of the Rights of Crime Victims and
1818		-	Witnesses Act.
1819		-	(B) Within 180 days after June 25, 2019 (the
1820		-	effective date of Public Act 101-27), the Department
1821		-	of State Police shall notify the Prisoner Review Board
1822		-	of all such records that meet the criteria established
1823		-	in paragraph (2)(A).
1824		-	(i) The Prisoner Review Board shall notify the
1825		-	State's Attorney of the county of conviction of
1826		-	each record identified by State Police in
1827		-	paragraph (2)(A) that is classified as a Class 4
1828		-	felony. The State's Attorney may provide a written
1829		-	objection to the Prisoner Review Board on the sole
1830		-	basis that the record identified does not meet the
1831		-	criteria established in paragraph (2)(A). Such an
1832		-	objection must be filed within 60 days or by such
1833		-	later date set by the Prisoner Review Board in the
1834		-	notice after the State's Attorney received notice
1835		-	from the Prisoner Review Board.
1836		-	(ii) In response to a written objection from a
1837		-	State's Attorney, the Prisoner Review Board is
1838		-	authorized to conduct a non-public hearing to
1839		-
1840		-
1841		-	evaluate the information provided in the
1842		-	objection.
1843		-	(iii) The Prisoner Review Board shall make a
1844		-	confidential and privileged recommendation to the
1845		-	Governor as to whether to grant a pardon
1846		-	authorizing expungement for each of the records
1847		-	identified by the Department of State Police as
1848		-	described in paragraph (2)(A).
1849		-	(C) If an individual has been granted a pardon
1850		-	authorizing expungement as described in this Section,
1851		-	the Prisoner Review Board, through the Attorney
1852		-	General, shall file a petition for expungement with
1853		-	the Chief Judge of the circuit or any judge of the
1854		-	circuit designated by the Chief Judge where the
1855		-	individual had been convicted. Such petition may
1856		-	include more than one individual. Whenever an
1857		-	individual who has been convicted of an offense is
1858		-	granted a pardon by the Governor that specifically
1859		-	authorizes expungement, an objection to the petition
1860		-	may not be filed. Petitions to expunge under this
1861		-	subsection (i) may include more than one individual.
1862		-	Within 90 days of the filing of such a petition, the
1863		-	court shall enter an order expunging the records of
1864		-	arrest from the official records of the arresting
1865		-	authority and order that the records of the circuit
1866		-	court clerk and the Illinois State Police be expunged
1867		-
1868		-
1869		-	and the name of the defendant obliterated from the
1870		-	official index requested to be kept by the circuit
1871		-	court clerk under Section 16 of the Clerks of Courts
1872		-	Act in connection with the arrest and conviction for
1873		-	the offense for which the individual had received a
1874		-	pardon but the order shall not affect any index issued
1875		-	by the circuit court clerk before the entry of the
1876		-	order. Upon entry of the order of expungement, the
1877		-	circuit court clerk shall promptly provide a copy of
1878		-	the order and a certificate of disposition to the
1879		-	individual who was pardoned to the individual's last
1880		-	known address or by electronic means (if available) or
1881		-	otherwise make it available to the individual upon
1882		-	request.
1883		-	(D) Nothing in this Section is intended to
1884		-	diminish or abrogate any rights or remedies otherwise
1885		-	available to the individual.
1886		-	(3) Any individual may file a motion to vacate and
1887		-	expunge a conviction for a misdemeanor or Class 4 felony
1888		-	violation of Section 4 or Section 5 of the Cannabis
1889		-	Control Act. Motions to vacate and expunge under this
1890		-	subsection (i) may be filed with the circuit court, Chief
1891		-	Judge of a judicial circuit or any judge of the circuit
1892		-	designated by the Chief Judge. The circuit court clerk
1893		-	shall promptly serve a copy of the motion to vacate and
1894		-	expunge, and any supporting documentation, on the State's
1895		-
1896		-
1897		-	Attorney or prosecutor charged with the duty of
1898		-	prosecuting the offense. When considering such a motion to
1899		-	vacate and expunge, a court shall consider the following:
1900		-	the reasons to retain the records provided by law
1901		-	enforcement, the petitioner's age, the petitioner's age at
1902		-	the time of offense, the time since the conviction, and
1903		-	the specific adverse consequences if denied. An individual
1904		-	may file such a petition after the completion of any
1905		-	non-financial sentence or non-financial condition imposed
1906		-	by the conviction. Within 60 days of the filing of such
1907		-	motion, a State's Attorney may file an objection to such a
1908		-	petition along with supporting evidence. If a motion to
1909		-	vacate and expunge is granted, the records shall be
1910		-	expunged in accordance with subparagraphs (d)(8) and
1911		-	(d)(9)(A) of this Section. An agency providing civil legal
1912		-	aid, as defined by Section 15 of the Public Interest
1913		-	Attorney Assistance Act, assisting individuals seeking to
1914		-	file a motion to vacate and expunge under this subsection
1915		-	may file motions to vacate and expunge with the Chief
1916		-	Judge of a judicial circuit or any judge of the circuit
1917		-	designated by the Chief Judge, and the motion may include
1918		-	more than one individual. Motions filed by an agency
1919		-	providing civil legal aid concerning more than one
1920		-	individual may be prepared, presented, and signed
1921		-	electronically.
1922		-	(4) Any State's Attorney may file a motion to vacate
1923		-
1924		-
1925		-	and expunge a conviction for a misdemeanor or Class 4
1926		-	felony violation of Section 4 or Section 5 of the Cannabis
1927		-	Control Act. Motions to vacate and expunge under this
1928		-	subsection (i) may be filed with the circuit court, Chief
1929		-	Judge of a judicial circuit or any judge of the circuit
1930		-	designated by the Chief Judge, and may include more than
1931		-	one individual. Motions filed by a State's Attorney
1932		-	concerning more than one individual may be prepared,
1933		-	presented, and signed electronically. When considering
1934		-	such a motion to vacate and expunge, a court shall
1935		-	consider the following: the reasons to retain the records
1936		-	provided by law enforcement, the individual's age, the
1937		-	individual's age at the time of offense, the time since
1938		-	the conviction, and the specific adverse consequences if
1939		-	denied. Upon entry of an order granting a motion to vacate
1940		-	and expunge records pursuant to this Section, the State's
1941		-	Attorney shall notify the Prisoner Review Board within 30
1942		-	days. Upon entry of the order of expungement, the circuit
1943		-	court clerk shall promptly provide a copy of the order and
1944		-	a certificate of disposition to the individual whose
1945		-	records will be expunged to the individual's last known
1946		-	address or by electronic means (if available) or otherwise
1947		-	make available to the individual upon request. If a motion
1948		-	to vacate and expunge is granted, the records shall be
1949		-	expunged in accordance with subparagraphs (d)(8) and
1950		-	(d)(9)(A) of this Section.
1951		-
1952		-
1953		-	(5) In the public interest, the State's Attorney of a
1954		-	county has standing to file motions to vacate and expunge
1955		-	pursuant to this Section in the circuit court with
1956		-	jurisdiction over the underlying conviction.
1957		-	(6) If a person is arrested for a Minor Cannabis
1958		-	Offense as defined in this Section before June 25, 2019
1959		-	(the effective date of Public Act 101-27) and the person's
1960		-	case is still pending but a sentence has not been imposed,
1961		-	the person may petition the court in which the charges are
1962		-	pending for an order to summarily dismiss those charges
1963		-	against him or her, and expunge all official records of
1964		-	his or her arrest, plea, trial, conviction, incarceration,
1965		-	supervision, or expungement. If the court determines, upon
1966		-	review, that: (A) the person was arrested before June 25,
1967		-	2019 (the effective date of Public Act 101-27) for an
1968		-	offense that has been made eligible for expungement; (B)
1969		-	the case is pending at the time; and (C) the person has not
1970		-	been sentenced of the minor cannabis violation eligible
1971		-	for expungement under this subsection, the court shall
1972		-	consider the following: the reasons to retain the records
1973		-	provided by law enforcement, the petitioner's age, the
1974		-	petitioner's age at the time of offense, the time since
1975		-	the conviction, and the specific adverse consequences if
1976		-	denied. If a motion to dismiss and expunge is granted, the
1977		-	records shall be expunged in accordance with subparagraph
1978		-	(d)(9)(A) of this Section.
1979		-
1980		-
1981		-	(7) A person imprisoned solely as a result of one or
1982		-	more convictions for Minor Cannabis Offenses under this
1983		-	subsection (i) shall be released from incarceration upon
1984		-	the issuance of an order under this subsection.
1985		-	(8) The Illinois State Police shall allow a person to
1986		-	use the access and review process, established in the
1987		-	Illinois State Police, for verifying that his or her
1988		-	records relating to Minor Cannabis Offenses of the
1989		-	Cannabis Control Act eligible under this Section have been
1990		-	expunged.
1991		-	(9) No conviction vacated pursuant to this Section
1992		-	shall serve as the basis for damages for time unjustly
1993		-	served as provided in the Court of Claims Act.
1994		-	(10) Effect of Expungement. A person's right to
1995		-	expunge an expungeable offense shall not be limited under
1996		-	this Section. The effect of an order of expungement shall
1997		-	be to restore the person to the status he or she occupied
1998		-	before the arrest, charge, or conviction.
1999		-	(11) Information. The Illinois State Police shall post
2000		-	general information on its website about the expungement
2001		-	process described in this subsection (i).
2002		-	(j) Felony Prostitution Convictions.
2003		-	(1) Any individual may file a motion to vacate and
2004		-	expunge a conviction for a prior Class 4 felony violation
2005		-	of prostitution. Motions to vacate and expunge under this
2006		-	subsection (j) may be filed with the circuit court, Chief
2007		-
2008		-
2009		-	Judge of a judicial circuit, or any judge of the circuit
2010		-	designated by the Chief Judge. When considering the motion
2011		-	to vacate and expunge, a court shall consider the
2012		-	following:
2013		-	(A) the reasons to retain the records provided by
2014		-	law enforcement;
2015		-	(B) the petitioner's age;
2016		-	(C) the petitioner's age at the time of offense;
2017		-	and
2018		-	(D) the time since the conviction, and the
2019		-	specific adverse consequences if denied. An individual
2020		-	may file the petition after the completion of any
2021		-	sentence or condition imposed by the conviction.
2022		-	Within 60 days of the filing of the motion, a State's
2023		-	Attorney may file an objection to the petition along
2024		-	with supporting evidence. If a motion to vacate and
2025		-	expunge is granted, the records shall be expunged in
2026		-	accordance with subparagraph (d)(9)(A) of this
2027		-	Section. An agency providing civil legal aid, as
2028		-	defined in Section 15 of the Public Interest Attorney
2029		-	Assistance Act, assisting individuals seeking to file
2030		-	a motion to vacate and expunge under this subsection
2031		-	may file motions to vacate and expunge with the Chief
2032		-	Judge of a judicial circuit or any judge of the circuit
2033		-	designated by the Chief Judge, and the motion may
2034		-	include more than one individual.
2035		-
2036		-
2037		-	(2) Any State's Attorney may file a motion to vacate
2038		-	and expunge a conviction for a Class 4 felony violation of
2039		-	prostitution. Motions to vacate and expunge under this
2040		-	subsection (j) may be filed with the circuit court, Chief
2041		-	Judge of a judicial circuit, or any judge of the circuit
2042		-	court designated by the Chief Judge, and may include more
2043		-	than one individual. When considering the motion to vacate
2044		-	and expunge, a court shall consider the following reasons:
2045		-	(A) the reasons to retain the records provided by
2046		-	law enforcement;
2047		-	(B) the petitioner's age;
2048		-	(C) the petitioner's age at the time of offense;
2049		-	(D) the time since the conviction; and
2050		-	(E) the specific adverse consequences if denied.
2051		-	If the State's Attorney files a motion to vacate and
2052		-	expunge records for felony prostitution convictions
2053		-	pursuant to this Section, the State's Attorney shall
2054		-	notify the Prisoner Review Board within 30 days of the
2055		-	filing. If a motion to vacate and expunge is granted, the
2056		-	records shall be expunged in accordance with subparagraph
2057		-	(d)(9)(A) of this Section.
2058		-	(3) In the public interest, the State's Attorney of a
2059		-	county has standing to file motions to vacate and expunge
2060		-	pursuant to this Section in the circuit court with
2061		-	jurisdiction over the underlying conviction.
2062		-	(4) The Illinois State Police shall allow a person to
2063		-
2064		-
2065		-	a use the access and review process, established in the
2066		-	Illinois State Police, for verifying that his or her
2067		-	records relating to felony prostitution eligible under
2068		-	this Section have been expunged.
2069		-	(5) No conviction vacated pursuant to this Section
2070		-	shall serve as the basis for damages for time unjustly
2071		-	served as provided in the Court of Claims Act.
2072		-	(6) Effect of Expungement. A person's right to expunge
2073		-	an expungeable offense shall not be limited under this
2074		-	Section. The effect of an order of expungement shall be to
2075		-	restore the person to the status he or she occupied before
2076		-	the arrest, charge, or conviction.
2077		-	(7) Information. The Illinois State Police shall post
2078		-	general information on its website about the expungement
2079		-	process described in this subsection (j).
2080		-	(Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;
2081		-	102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
2082		-	1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)
2083		-	Section 35. The Illinois Vehicle Hijacking and Motor
2084		-	Vehicle Theft Prevention and Insurance Verification Act is
2085		-	amended by changing Section 8.6 as follows:
2086		-	(20 ILCS 4005/8.6)
2087		-	Sec. 8.6. Private passenger motor vehicle insurance. State
2088		-	Police Training and Academy Fund; Law Enforcement Training
2089		-
2090		-
2091		-	Fund. Before April 1 of each year, each insurer engaged in
2092		-	writing private passenger motor vehicle insurance coverage
2093		-	that is included in Class 2 and Class 3 of Section 4 of the
2094		-	Illinois Insurance Code, as a condition of its authority to
2095		-	transact business in this State, may collect and shall pay to
2096		-	the Department of Insurance an amount equal to $4, or a lesser
2097		-	amount determined by the Illinois Law Enforcement Training
2098		-	Standards Board by rule, multiplied by the insurer's total
2099		-	earned car years of private passenger motor vehicle insurance
2100		-	policies providing physical damage insurance coverage written
2101		-	in this State during the preceding calendar year. Of the
2102		-	amounts collected under this Section, the Department of
2103		-	Insurance shall deposit 10% into the State Police Law
2104		-	Enforcement Administration Fund State Police Training and
2105		-	Academy Fund and 90% into the Law Enforcement Training Fund.
2106		-	(Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22;
2107		-	102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.)
2108		-	Section 40. The State Finance Act is amended by changing
2109		-	Sections 5.946, 5.963, 6z-106, 6z-125, and 6z-127 as follows:
2110		-	(30 ILCS 105/5.946)
2111		-	Sec. 5.946. The State Police Training and Academy Fund.
2112		-	This Section is repealed on July 1, 2025.
2113		-	(Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22.)
2114		-
2115		-
2116		-	(30 ILCS 105/5.963)
2117		-	Sec. 5.963. The State Police Firearm Revocation
2118		-	Enforcement Fund.
2119		-	(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)
2120		-	(30 ILCS 105/6z-106)
2121		-	Sec. 6z-106. State Police Law Enforcement Administration
2122		-	Fund.
2123		-	(a) There is created in the State treasury a special fund
2124		-	known as the State Police Law Enforcement Administration Fund.
2125		-	The Fund shall receive revenue under subsection (c) of Section
2126		-	10-5 of the Criminal and Traffic Assessment Act and Section
2127		-	500-135 of the Illinois Insurance Code. The Fund shall also
2128		-	receive the moneys designated to be paid into the Fund under
2129		-	subsection (a-5) of Section 500-135 of the Illinois Insurance
2130		-	Code and Section 8.6 of the Illinois Vehicle Hijacking and
2131		-	Motor Vehicle Theft Prevention and Insurance Verification Act.
2132		-	The Fund may also receive revenue from grants, donations,
2133		-	appropriations, and any other legal source.
2134		-	(b) The Illinois State Police may use moneys in the Fund to
2135		-	finance any of its lawful purposes or functions, including,
2136		-	but not limited to, training for forensic laboratory personnel
2137		-	and other State Police personnel. However, ; however, the
2138		-	primary purpose of the Fund shall be to finance State Police
2139		-	cadet classes in May and October of each year.
2140		-	(c) Expenditures may be made from the Fund only as
2141		-
2142		-
2143		-	appropriated by the General Assembly by law.
2144		-	(d) Investment income that is attributable to the
2145		-	investment of moneys in the Fund shall be retained in the Fund
2146		-	for the uses specified in this Section.
2147		-	(e) The State Police Law Enforcement Administration Fund
2148		-	shall not be subject to administrative chargebacks.
2149		-	(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
2150		-	(30 ILCS 105/6z-125)
2151		-	Sec. 6z-125. State Police Training and Academy Fund. The
2152		-	State Police Training and Academy Fund is hereby created as a
2153		-	special fund in the State treasury. Moneys in the Fund shall
2154		-	consist of: (i) 10% of the revenue from increasing the
2155		-	insurance producer license fees, as provided under subsection
2156		-	(a-5) of Section 500-135 of the Illinois Insurance Code; and
2157		-	(ii) 10% of the moneys collected from auto insurance policy
2158		-	fees under Section 8.6 of the Illinois Vehicle Hijacking and
2159		-	Motor Vehicle Theft Prevention and Insurance Verification Act.
2160		-	This Fund shall be used by the Illinois State Police to fund
2161		-	training and other State Police institutions, including, but
2162		-	not limited to, forensic laboratories. On July 1, 2025, or as
2163		-	soon thereafter as possible, the balance remaining in the
2164		-	State Police Training and Academy Fund shall be transferred to
2165		-	the State Police Law Enforcement Administration Fund. The
2166		-	State Police Training and Academy Fund is dissolved upon that
2167		-	transfer. This Section is repealed on January 1, 2026.
2168		-
2169		-
2170		-	(Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22;
2171		-	102-904, eff. 1-1-23.)
2172		-	(30 ILCS 105/6z-127)
2173		-	Sec. 6z-127. State Police Firearm Revocation Enforcement
2174		-	Fund.
2175		-	(a) The State Police Firearm Revocation Enforcement Fund
2176		-	is established as a special fund in the State treasury. This
2177		-	Fund is established to receive moneys from the Firearm Owners
2178		-	Identification Card Act to enforce that Act, the Firearm
2179		-	Concealed Carry Act, Article 24 of the Criminal Code of 2012,
2180		-	and other firearm offenses. The Fund may also receive revenue
2181		-	from grants, donations, appropriations, and any other legal
2182		-	source.
2183		-	(b) The Illinois State Police may use moneys from the Fund
2184		-	to establish task forces and, if necessary, include other law
2185		-	enforcement agencies, under intergovernmental contracts
2186		-	written and executed in conformity with the Intergovernmental
2187		-	Cooperation Act.
2188		-	(c) The Illinois State Police may use moneys in the Fund to
2189		-	hire and train State Police officers and for the prevention of
2190		-	violent crime.
2191		-	(d) The State Police Firearm Revocation Enforcement Fund
2192		-	is not subject to administrative chargebacks.
2193		-	(e) Law enforcement agencies that participate in Firearm
2194		-	Owner's Identification Card revocation enforcement in the
2195		-
2196		-
2197		-	Violent Crime Intelligence Task Force may apply for grants
2198		-	from the Illinois State Police.
2199		-	(f) Any surplus in the Fund beyond what is necessary to
2200		-	ensure compliance with subsections (a) through (e) or moneys
2201		-	that are specifically appropriated for those purposes shall be
2202		-	used by the Illinois State Police to award grants to assist
2203		-	with the data reporting requirements of the Gun Trafficking
2204		-	Information Act.
2205		-	(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22;
2206		-	103-34, eff. 6-9-23.)
2207		-	Section 45. The School Code is amended by changing
2208		-	Sections 10-27.1A and 10-27.1B as follows:
2209		-	(105 ILCS 5/10-27.1A)
2210		-	Sec. 10-27.1A. Firearms in schools.
2211		-	(a) All school officials, including teachers, school
2212		-	counselors, and support staff, shall immediately notify the
2213		-	office of the principal in the event that they observe any
2214		-	person in possession of a firearm on school grounds; provided
2215		-	that taking such immediate action to notify the office of the
2216		-	principal would not immediately endanger the health, safety,
2217		-	or welfare of students who are under the direct supervision of
2218		-	the school official or the school official. If the health,
2219		-	safety, or welfare of students under the direct supervision of
2220		-	the school official or of the school official is immediately
2221		-
2222		-
2223		-	endangered, the school official shall notify the office of the
2224		-	principal as soon as the students under his or her supervision
2225		-	and he or she are no longer under immediate danger. A report is
2226		-	not required by this Section when the school official knows
2227		-	that the person in possession of the firearm is a law
2228		-	enforcement official engaged in the conduct of his or her
2229		-	official duties. Any school official acting in good faith who
2230		-	makes such a report under this Section shall have immunity
2231		-	from any civil or criminal liability that might otherwise be
2232		-	incurred as a result of making the report. The identity of the
2233		-	school official making such report shall not be disclosed
2234		-	except as expressly and specifically authorized by law.
2235		-	Knowingly and willfully failing to comply with this Section is
2236		-	a petty offense. A second or subsequent offense is a Class C
2237		-	misdemeanor.
2238		-	(b) Upon receiving a report from any school official
2239		-	pursuant to this Section, or from any other person, the
2240		-	principal or his or her designee shall immediately notify a
2241		-	local law enforcement agency. If the person found to be in
2242		-	possession of a firearm on school grounds is a student, the
2243		-	principal or his or her designee shall also immediately notify
2244		-	that student's parent or guardian. Any principal or his or her
2245		-	designee acting in good faith who makes such reports under
2246		-	this Section shall have immunity from any civil or criminal
2247		-	liability that might otherwise be incurred or imposed as a
2248		-	result of making the reports. Knowingly and willfully failing
2249		-
2250		-
2251		-	to comply with this Section is a petty offense. A second or
2252		-	subsequent offense is a Class C misdemeanor. If the person
2253		-	found to be in possession of the firearm on school grounds is a
2254		-	minor, the law enforcement agency shall detain that minor
2255		-	until such time as the agency makes a determination pursuant
2256		-	to clause (a) of subsection (1) of Section 5-401 of the
2257		-	Juvenile Court Act of 1987, as to whether the agency
2258		-	reasonably believes that the minor is delinquent. If the law
2259		-	enforcement agency determines that probable cause exists to
2260		-	believe that the minor committed a violation of item (4) of
2261		-	subsection (a) of Section 24-1 of the Criminal Code of 2012
2262		-	while on school grounds, the agency shall detain the minor for
2263		-	processing pursuant to Section 5-407 of the Juvenile Court Act
2264		-	of 1987.
2265		-	(c) Upon receipt of any written, electronic, or verbal
2266		-	report from any school personnel regarding a verified incident
2267		-	involving a firearm in a school or on school owned or leased
2268		-	property, including any conveyance owned, leased, or used by
2269		-	the school for the transport of students or school personnel,
2270		-	the superintendent or his or her designee shall report all
2271		-	such firearm-related incidents occurring in a school or on
2272		-	school property to the local law enforcement authorities
2273		-	immediately, who shall report to the Illinois State Police in
2274		-	a form, manner, and frequency as prescribed by the Illinois
2275		-	State Police.
2276		-	The State Board of Education shall receive an annual
2277		-
2278		-
2279		-	statistical compilation and related data associated with
2280		-	incidents involving firearms in schools from the Illinois
2281		-	State Police. The State Board of Education shall compile this
2282		-	information by school district and make it available to the
2283		-	public.
2284		-	(c-5) Schools shall report any written, electronic, or
2285		-	verbal report of a verified incident involving a firearm made
2286		-	under subsection (c) to the State Board of Education through
2287		-	existing school incident reporting systems as they occur
2288		-	during the year by no later than August 1 of each year. The
2289		-	State Board of Education shall report data by school district,
2290		-	as collected from school districts, and make it available to
2291		-	the public via its website. The local law enforcement
2292		-	authority shall, by March 1 of each year, report the required
2293		-	data from the previous year to the Illinois State Police's
2294		-	Illinois Uniform Crime Reporting Program, which shall be
2295		-	included in its annual Crime in Illinois report.
2296		-	(d) As used in this Section, the term "firearm" shall have
2297		-	the meaning ascribed to it in Section 1.1 of the Firearm Owners
2298		-	Identification Card Act.
2299		-	As used in this Section, the term "school" means any
2300		-	public or private elementary or secondary school.
2301		-	As used in this Section, the term "school grounds"
2302		-	includes the real property comprising any school, any
2303		-	conveyance owned, leased, or contracted by a school to
2304		-	transport students to or from school or a school-related
2305		-
2306		-
2307		-	activity, or any public way within 1,000 feet of the real
2308		-	property comprising any school.
2309		-	(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
2310		-	102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
2311		-	(105 ILCS 5/10-27.1B)
2312		-	Sec. 10-27.1B. Reporting drug-related incidents in
2313		-	schools.
2314		-	(a) In this Section:
2315		-	"Drug" means "cannabis" as defined under subsection (a) of
2316		-	Section 3 of the Cannabis Control Act, "narcotic drug" as
2317		-	defined under subsection (aa) of Section 102 of the Illinois
2318		-	Controlled Substances Act, or "methamphetamine" as defined
2319		-	under Section 10 of the Methamphetamine Control and Community
2320		-	Protection Act.
2321		-	"School" means any public or private elementary or
2322		-	secondary school.
2323		-	(b) Upon receipt of any written, electronic, or verbal
2324		-	report from any school personnel regarding a verified incident
2325		-	involving drugs in a school or on school owned or leased
2326		-	property, including any conveyance owned, leased, or used by
2327		-	the school for the transport of students or school personnel,
2328		-	the superintendent or his or her designee, or other
2329		-	appropriate administrative officer for a private school, shall
2330		-	report all such drug-related incidents occurring in a school
2331		-	or on school property to the local law enforcement authorities
2332		-
2333		-
2334		-	immediately and to the Illinois State Police in a form,
2335		-	manner, and frequency as prescribed by the Illinois State
2336		-	Police.
2337		-	(c) (Blank). The State Board of Education shall receive an
2338		-	annual statistical compilation and related data associated
2339		-	with drug-related incidents in schools from the Illinois State
2340		-	Police. The State Board of Education shall compile this
2341		-	information by school district and make it available to the
2342		-	public.
2343		-	(d) Schools shall report any written, electronic, or
2344		-	verbal report of an incident involving drugs made under
2345		-	subsection (b) to the State Board of Education through
2346		-	existing school incident reporting systems as they occur
2347		-	during the year by no later than August 1 of each year. The
2348		-	State Board of Education shall report data by school district,
2349		-	as collected from school districts, and make it available to
2350		-	the public via its website. The local law enforcement
2351		-	authority shall, by March 1 of each year, report the required
2352		-	data from the previous year to the Illinois State Police's
2353		-	Illinois Uniform Crime Reporting Program, which shall be
2354		-	included in its annual Crime in Illinois report.
2355		-	(Source: P.A. 102-538, eff. 8-20-21.)
2356		-	Section 50. The Illinois Insurance Code is amended by
2357		-	changing Section 500-135 as follows:
2358		-
2359		-
2360		-	(215 ILCS 5/500-135)
2361		-	(Section scheduled to be repealed on January 1, 2027)
2362		-	Sec. 500-135. Fees.
2363		-	(a) The fees required by this Article are as follows:
2364		-	(1) a fee of $215 for a person who is a resident of
2365		-	Illinois, and $380 for a person who is not a resident of
2366		-	Illinois, payable once every 2 years for an insurance
2367		-	producer license;
2368		-	(2) a fee of $50 for the issuance of a temporary
2369		-	insurance producer license;
2370		-	(3) a fee of $150 payable once every 2 years for a
2371		-	business entity;
2372		-	(4) an annual $50 fee for a limited line producer
2373		-	license issued under items (1) through (8) of subsection
2374		-	(a) of Section 500-100;
2375		-	(5) a $50 application fee for the processing of a
2376		-	request to take the written examination for an insurance
2377		-	producer license;
2378		-	(6) an annual registration fee of $1,000 for
2379		-	registration of an education provider;
2380		-	(7) a certification fee of $50 for each certified
2381		-	pre-licensing or continuing education course and an annual
2382		-	fee of $20 for renewing the certification of each such
2383		-	course;
2384		-	(8) a fee of $215 for a person who is a resident of
2385		-	Illinois, and $380 for a person who is not a resident of
2386		-
2387		-
2388		-	Illinois, payable once every 2 years for a car rental
2389		-	limited line license;
2390		-	(9) a fee of $200 payable once every 2 years for a
2391		-	limited lines license other than the licenses issued under
2392		-	items (1) through (8) of subsection (a) of Section
2393		-	500-100, a car rental limited line license, or a
2394		-	self-service storage facility limited line license;
2395		-	(10) a fee of $50 payable once every 2 years for a
2396		-	self-service storage facility limited line license.
2397		-	(a-5) Beginning on July 1, 2021, an amount equal to the
2398		-	additional amount of revenue collected under paragraphs (1)
2399		-	and (8) of subsection (a) as a result of the increase in the
2400		-	fees under this amendatory Act of the 102nd General Assembly
2401		-	shall be transferred annually, with 10% of that amount paid
2402		-	into the State Police Law Enforcement Administration Fund
2403		-	State Police Training and Academy Fund and 90% of that amount
2404		-	paid into the Law Enforcement Training Fund.
2405		-	(b) Except as otherwise provided, all fees paid to and
2406		-	collected by the Director under this Section shall be paid
2407		-	promptly after receipt thereof, together with a detailed
2408		-	statement of such fees, into a special fund in the State
2409		-	Treasury to be known as the Insurance Producer Administration
2410		-	Fund. The moneys deposited into the Insurance Producer
2411		-	Administration Fund may be used only for payment of the
2412		-	expenses of the Department in the execution, administration,
2413		-	and enforcement of the insurance laws of this State, and shall
2414		-
2415		-
2416		-	be appropriated as otherwise provided by law for the payment
2417		-	of those expenses with first priority being any expenses
2418		-	incident to or associated with the administration and
2419		-	enforcement of this Article.
2420		-	(Source: P.A. 102-16, eff. 6-17-21.)
2421		-	Section 55. The Illinois Gambling Act is amended by
2422		-	changing Sections 7.7 and 22 as follows:
2423		-	(230 ILCS 10/7.7)
2424		-	Sec. 7.7. Organization gaming licenses.
2425		-	(a) The Illinois Gaming Board shall award one organization
2426		-	gaming license to each person or entity having operating
2427		-	control of a racetrack that applies under Section 56 of the
2428		-	Illinois Horse Racing Act of 1975, subject to the application
2429		-	and eligibility requirements of this Section. Within 60 days
2430		-	after the effective date of this amendatory Act of the 101st
2431		-	General Assembly, a person or entity having operating control
2432		-	of a racetrack may submit an application for an organization
2433		-	gaming license. The application shall be made on such forms as
2434		-	provided by the Board and shall contain such information as
2435		-	the Board prescribes, including, but not limited to, the
2436		-	identity of any racetrack at which gaming will be conducted
2437		-	pursuant to an organization gaming license, detailed
2438		-	information regarding the ownership and management of the
2439		-	applicant, and detailed personal information regarding the
2440		-
2441		-
2442		-	applicant. The application shall specify the number of gaming
2443		-	positions the applicant intends to use and the place where the
2444		-	organization gaming facility will operate. A person who
2445		-	knowingly makes a false statement on an application is guilty
2446		-	of a Class A misdemeanor.
2447		-	Each applicant shall disclose the identity of every person
2448		-	or entity having a direct or indirect pecuniary interest
2449		-	greater than 1% in any racetrack with respect to which the
2450		-	license is sought. If the disclosed entity is a corporation,
2451		-	the applicant shall disclose the names and addresses of all
2452		-	officers, stockholders, and directors. If the disclosed entity
2453		-	is a limited liability company, the applicant shall disclose
2454		-	the names and addresses of all members and managers. If the
2455		-	disclosed entity is a partnership, the applicant shall
2456		-	disclose the names and addresses of all partners, both general
2457		-	and limited. If the disclosed entity is a trust, the applicant
2458		-	shall disclose the names and addresses of all beneficiaries.
2459		-	An application shall be filed and considered in accordance
2460		-	with the rules of the Board. Each application for an
2461		-	organization gaming license shall include a nonrefundable
2462		-	application fee of $250,000. In addition, a nonrefundable fee
2463		-	of $50,000 shall be paid at the time of filing to defray the
2464		-	costs associated with background investigations conducted by
2465		-	the Board. If the costs of the background investigation exceed
2466		-	$50,000, the applicant shall pay the additional amount to the
2467		-	Board within 7 days after a request by the Board. If the costs
2468		-
2469		-
2470		-	of the investigation are less than $50,000, the applicant
2471		-	shall receive a refund of the remaining amount. All
2472		-	information, records, interviews, reports, statements,
2473		-	memoranda, or other data supplied to or used by the Board in
2474		-	the course of this review or investigation of an applicant for
2475		-	an organization gaming license under this Act shall be
2476		-	privileged and strictly confidential and shall be used only
2477		-	for the purpose of evaluating an applicant for an organization
2478		-	gaming license or a renewal. Such information, records,
2479		-	interviews, reports, statements, memoranda, or other data
2480		-	shall not be admissible as evidence nor discoverable in any
2481		-	action of any kind in any court or before any tribunal, board,
2482		-	agency or person, except for any action deemed necessary by
2483		-	the Board. The application fee shall be deposited into the
2484		-	State Gaming Fund.
2485		-	Any applicant or key person, including the applicant's
2486		-	owners, officers, directors (if a corporation), managers and
2487		-	members (if a limited liability company), and partners (if a
2488		-	partnership), for an organization gaming license shall submit
2489		-	with his or her application, on forms provided by the Board, 2
2490		-	sets of have his or her fingerprints. The board shall charge
2491		-	each applicant a fee set by submitted to the Illinois State
2492		-	Police to defray the costs associated with the search and
2493		-	classification of fingerprints obtained by the Board with
2494		-	respect to the applicant's application. The fees in an
2495		-	electronic format that complies with the form and manner for
2496		-
2497		-
2498		-	requesting and furnishing criminal history record information
2499		-	as prescribed by the Illinois State Police. These fingerprints
2500		-	shall be checked against the Illinois State Police and Federal
2501		-	Bureau of Investigation criminal history record databases now
2502		-	and hereafter filed, including, but not limited to, civil,
2503		-	criminal, and latent fingerprint databases. The Illinois State
2504		-	Police shall charge applicants a fee for conducting the
2505		-	criminal history records check, which shall be deposited into
2506		-	the State Police Services Fund and shall not exceed the actual
2507		-	cost of the records check. The Illinois State Police shall
2508		-	furnish, pursuant to positive identification, records of
2509		-	Illinois criminal history to the Illinois State Police.
2510		-	(b) The Board shall determine within 120 days after
2511		-	receiving an application for an organization gaming license
2512		-	whether to grant an organization gaming license to the
2513		-	applicant. If the Board does not make a determination within
2514		-	that time period, then the Board shall give a written
2515		-	explanation to the applicant as to why it has not reached a
2516		-	determination and when it reasonably expects to make a
2517		-	determination.
2518		-	The organization gaming licensee shall purchase up to the
2519		-	amount of gaming positions authorized under this Act within
2520		-	120 days after receiving its organization gaming license. If
2521		-	an organization gaming licensee is prepared to purchase the
2522		-	gaming positions, but is temporarily prohibited from doing so
2523		-	by order of a court of competent jurisdiction or the Board,
2524		-
2525		-
2526		-	then the 120-day period is tolled until a resolution is
2527		-	reached.
2528		-	An organization gaming license shall authorize its holder
2529		-	to conduct gaming under this Act at its racetracks on the same
2530		-	days of the year and hours of the day that owners licenses are
2531		-	allowed to operate under approval of the Board.
2532		-	An organization gaming license and any renewal of an
2533		-	organization gaming license shall authorize gaming pursuant to
2534		-	this Section for a period of 4 years. The fee for the issuance
2535		-	or renewal of an organization gaming license shall be
2536		-	$250,000.
2537		-	All payments by licensees under this subsection (b) shall
2538		-	be deposited into the Rebuild Illinois Projects Fund.
2539		-	(c) To be eligible to conduct gaming under this Section, a
2540		-	person or entity having operating control of a racetrack must
2541		-	(i) obtain an organization gaming license, (ii) hold an
2542		-	organization license under the Illinois Horse Racing Act of
2543		-	1975, (iii) hold an inter-track wagering license, (iv) pay an
2544		-	initial fee of $30,000 per gaming position from organization
2545		-	gaming licensees where gaming is conducted in Cook County and,
2546		-	except as provided in subsection (c-5), $17,500 for
2547		-	organization gaming licensees where gaming is conducted
2548		-	outside of Cook County before beginning to conduct gaming plus
2549		-	make the reconciliation payment required under subsection (k),
2550		-	(v) conduct live racing in accordance with subsections (e-1),
2551		-	(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act
2552		-
2553		-
2554		-	of 1975, (vi) meet the requirements of subsection (a) of
2555		-	Section 56 of the Illinois Horse Racing Act of 1975, (vii) for
2556		-	organization licensees conducting standardbred race meetings,
2557		-	keep backstretch barns and dormitories open and operational
2558		-	year-round unless a lesser schedule is mutually agreed to by
2559		-	the organization licensee and the horsemen association racing
2560		-	at that organization licensee's race meeting, (viii) for
2561		-	organization licensees conducting thoroughbred race meetings,
2562		-	the organization licensee must maintain accident medical
2563		-	expense liability insurance coverage of $1,000,000 for
2564		-	jockeys, and (ix) meet all other requirements of this Act that
2565		-	apply to owners licensees.
2566		-	An organization gaming licensee may enter into a joint
2567		-	venture with a licensed owner to own, manage, conduct, or
2568		-	otherwise operate the organization gaming licensee's
2569		-	organization gaming facilities, unless the organization gaming
2570		-	licensee has a parent company or other affiliated company that
2571		-	is, directly or indirectly, wholly owned by a parent company
2572		-	that is also licensed to conduct organization gaming, casino
2573		-	gaming, or their equivalent in another state.
2574		-	All payments by licensees under this subsection (c) shall
2575		-	be deposited into the Rebuild Illinois Projects Fund.
2576		-	(c-5) A person or entity having operating control of a
2577		-	racetrack located in Madison County shall only pay the initial
2578		-	fees specified in subsection (c) for 540 of the gaming
2579		-	positions authorized under the license.
2580		-
2581		-
2582		-	(d) A person or entity is ineligible to receive an
2583		-	organization gaming license if:
2584		-	(1) the person or entity has been convicted of a
2585		-	felony under the laws of this State, any other state, or
2586		-	the United States, including a conviction under the
2587		-	Racketeer Influenced and Corrupt Organizations Act;
2588		-	(2) the person or entity has been convicted of any
2589		-	violation of Article 28 of the Criminal Code of 2012, or
2590		-	substantially similar laws of any other jurisdiction;
2591		-	(3) the person or entity has submitted an application
2592		-	for a license under this Act that contains false
2593		-	information;
2594		-	(4) the person is a member of the Board;
2595		-	(5) a person defined in (1), (2), (3), or (4) of this
2596		-	subsection (d) is an officer, director, or managerial
2597		-	employee of the entity;
2598		-	(6) the person or entity employs a person defined in
2599		-	(1), (2), (3), or (4) of this subsection (d) who
2600		-	participates in the management or operation of gambling
2601		-	operations authorized under this Act; or
2602		-	(7) a license of the person or entity issued under
2603		-	this Act or a license to own or operate gambling
2604		-	facilities in any other jurisdiction has been revoked.
2605		-	(e) The Board may approve gaming positions pursuant to an
2606		-	organization gaming license statewide as provided in this
2607		-	Section. The authority to operate gaming positions under this
2608		-
2609		-
2610		-	Section shall be allocated as follows: up to 1,200 gaming
2611		-	positions for any organization gaming licensee in Cook County
2612		-	and up to 900 gaming positions for any organization gaming
2613		-	licensee outside of Cook County.
2614		-	(f) Each applicant for an organization gaming license
2615		-	shall specify in its application for licensure the number of
2616		-	gaming positions it will operate, up to the applicable
2617		-	limitation set forth in subsection (e) of this Section. Any
2618		-	unreserved gaming positions that are not specified shall be
2619		-	forfeited and retained by the Board. For the purposes of this
2620		-	subsection (f), an organization gaming licensee that did not
2621		-	conduct live racing in 2010 and is located within 3 miles of
2622		-	the Mississippi River may reserve up to 900 positions and
2623		-	shall not be penalized under this Section for not operating
2624		-	those positions until it meets the requirements of subsection
2625		-	(e) of this Section, but such licensee shall not request
2626		-	unreserved gaming positions under this subsection (f) until
2627		-	its 900 positions are all operational.
2628		-	Thereafter, the Board shall publish the number of
2629		-	unreserved gaming positions and shall accept requests for
2630		-	additional positions from any organization gaming licensee
2631		-	that initially reserved all of the positions that were
2632		-	offered. The Board shall allocate expeditiously the unreserved
2633		-	gaming positions to requesting organization gaming licensees
2634		-	in a manner that maximizes revenue to the State. The Board may
2635		-	allocate any such unused gaming positions pursuant to an open
2636		-
2637		-
2638		-	and competitive bidding process, as provided under Section 7.5
2639		-	of this Act. This process shall continue until all unreserved
2640		-	gaming positions have been purchased. All positions obtained
2641		-	pursuant to this process and all positions the organization
2642		-	gaming licensee specified it would operate in its application
2643		-	must be in operation within 18 months after they were obtained
2644		-	or the organization gaming licensee forfeits the right to
2645		-	operate those positions, but is not entitled to a refund of any
2646		-	fees paid. The Board may, after holding a public hearing,
2647		-	grant extensions so long as the organization gaming licensee
2648		-	is working in good faith to make the positions operational.
2649		-	The extension may be for a period of 6 months. If, after the
2650		-	period of the extension, the organization gaming licensee has
2651		-	not made the positions operational, then another public
2652		-	hearing must be held by the Board before it may grant another
2653		-	extension.
2654		-	Unreserved gaming positions retained from and allocated to
2655		-	organization gaming licensees by the Board pursuant to this
2656		-	subsection (f) shall not be allocated to owners licensees
2657		-	under this Act.
2658		-	For the purpose of this subsection (f), the unreserved
2659		-	gaming positions for each organization gaming licensee shall
2660		-	be the applicable limitation set forth in subsection (e) of
2661		-	this Section, less the number of reserved gaming positions by
2662		-	such organization gaming licensee, and the total unreserved
2663		-	gaming positions shall be the aggregate of the unreserved
2664		-
2665		-
2666		-	gaming positions for all organization gaming licensees.
2667		-	(g) An organization gaming licensee is authorized to
2668		-	conduct the following at a racetrack:
2669		-	(1) slot machine gambling;
2670		-	(2) video game of chance gambling;
2671		-	(3) gambling with electronic gambling games as defined
2672		-	in this Act or defined by the Illinois Gaming Board; and
2673		-	(4) table games.
2674		-	(h) Subject to the approval of the Illinois Gaming Board,
2675		-	an organization gaming licensee may make modification or
2676		-	additions to any existing buildings and structures to comply
2677		-	with the requirements of this Act. The Illinois Gaming Board
2678		-	shall make its decision after consulting with the Illinois
2679		-	Racing Board. In no case, however, shall the Illinois Gaming
2680		-	Board approve any modification or addition that alters the
2681		-	grounds of the organization licensee such that the act of live
2682		-	racing is an ancillary activity to gaming authorized under
2683		-	this Section. Gaming authorized under this Section may take
2684		-	place in existing structures where inter-track wagering is
2685		-	conducted at the racetrack or a facility within 300 yards of
2686		-	the racetrack in accordance with the provisions of this Act
2687		-	and the Illinois Horse Racing Act of 1975.
2688		-	(i) An organization gaming licensee may conduct gaming at
2689		-	a temporary facility pending the construction of a permanent
2690		-	facility or the remodeling or relocation of an existing
2691		-	facility to accommodate gaming participants for up to 24
2692		-
2693		-
2694		-	months after the temporary facility begins to conduct gaming
2695		-	authorized under this Section. Upon request by an organization
2696		-	gaming licensee and upon a showing of good cause by the
2697		-	organization gaming licensee, the Board shall extend the
2698		-	period during which the licensee may conduct gaming authorized
2699		-	under this Section at a temporary facility by up to 12 months.
2700		-	The Board shall make rules concerning the conduct of gaming
2701		-	authorized under this Section from temporary facilities.
2702		-	The gaming authorized under this Section may take place in
2703		-	existing structures where inter-track wagering is conducted at
2704		-	the racetrack or a facility within 300 yards of the racetrack
2705		-	in accordance with the provisions of this Act and the Illinois
2706		-	Horse Racing Act of 1975.
2707		-	(i-5) Under no circumstances shall an organization gaming
2708		-	licensee conduct gaming at any State or county fair.
2709		-	(j) The Illinois Gaming Board must adopt emergency rules
2710		-	in accordance with Section 5-45 of the Illinois Administrative
2711		-	Procedure Act as necessary to ensure compliance with the
2712		-	provisions of this amendatory Act of the 101st General
2713		-	Assembly concerning the conduct of gaming by an organization
2714		-	gaming licensee. The adoption of emergency rules authorized by
2715		-	this subsection (j) shall be deemed to be necessary for the
2716		-	public interest, safety, and welfare.
2717		-	(k) Each organization gaming licensee who obtains gaming
2718		-	positions must make a reconciliation payment 3 years after the
2719		-	date the organization gaming licensee begins operating the
2720		-
2721		-
2722		-	positions in an amount equal to 75% of the difference between
2723		-	its adjusted gross receipts from gaming authorized under this
2724		-	Section and amounts paid to its purse accounts pursuant to
2725		-	item (1) of subsection (b) of Section 56 of the Illinois Horse
2726		-	Racing Act of 1975 for the 12-month period for which such
2727		-	difference was the largest, minus an amount equal to the
2728		-	initial per position fee paid by the organization gaming
2729		-	licensee. If this calculation results in a negative amount,
2730		-	then the organization gaming licensee is not entitled to any
2731		-	reimbursement of fees previously paid. This reconciliation
2732		-	payment may be made in installments over a period of no more
2733		-	than 6 years.
2734		-	All payments by licensees under this subsection (k) shall
2735		-	be deposited into the Rebuild Illinois Projects Fund.
2736		-	(l) As soon as practical after a request is made by the
2737		-	Illinois Gaming Board, to minimize duplicate submissions by
2738		-	the applicant, the Illinois Racing Board must provide
2739		-	information on an applicant for an organization gaming license
2740		-	to the Illinois Gaming Board.
2741		-	(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19;
2742		-	101-648, eff. 6-30-20; 102-538, eff. 8-20-21.)
2743		-	(230 ILCS 10/22) (from Ch. 120, par. 2422)
2744		-	Sec. 22. Criminal history record information. Whenever the
2745		-	Board is authorized or required by law, including, but not
2746		-	limited to, requirements under Sections 6, 7, 7.4, 7.7, and 9
2747		-
2748		-
2749		-	of this Act, to consider some aspect of criminal history
2750		-	record information for the purpose of carrying out its
2751		-	statutory powers and responsibilities, the Board shall, in the
2752		-	form and manner required by the Illinois State Police and the
2753		-	Federal Bureau of Investigation, cause to be conducted a
2754		-	criminal history record investigation to obtain any
2755		-	information currently or thereafter contained in the files of
2756		-	the Illinois State Police or the Federal Bureau of
2757		-	Investigation, including, but not limited to, civil, criminal,
2758		-	and latent fingerprint databases. To facilitate this
2759		-	investigation, the Board shall direct each Each applicant for
2760		-	occupational licensing under sections 6, 7, 7.4, 7.7, and
2761		-	Section 9 or key person as defined by the Board in
2762		-	administrative rules to shall submit his or her fingerprints
2763		-	to the Illinois State Police in the form and manner prescribed
2764		-	by the Illinois State Police. These fingerprints shall be
2765		-	checked against the fingerprint records now and hereafter
2766		-	filed in the Illinois State Police and Federal Bureau of
2767		-	Investigation criminal history records databases, including,
2768		-	but not limited to, civil, criminal, and latent fingerprint
2769		-	databases. The Illinois State Police shall charge a fee for
2770		-	conducting the criminal history records check, which shall be
2771		-	deposited in the State Police Services Fund and shall not
2772		-	exceed the actual cost of the records check. The Illinois
2773		-	State Police shall provide, on the Board's request,
2774		-	information concerning any criminal charges, and their
2775		-
2776		-
2777		-	disposition, currently or thereafter filed against any
2778		-	applicant, key person, or holder of any license or for
2779		-	determinations of suitability. Information obtained as a
2780		-	result of an investigation under this Section shall be used in
2781		-	determining eligibility for any license. Upon request and
2782		-	payment of fees in conformance with the requirements of
2783		-	Section 2605-400 of the Illinois State Police Law, the
2784		-	Illinois State Police is authorized to furnish, pursuant to
2785		-	positive identification, such information contained in State
2786		-	files as is necessary to fulfill the request.
2787		-	(Source: P.A. 101-597, eff. 12-6-19; 102-538, eff. 8-20-21.)
2788		-	Section 60. The Firearm Owners Identification Card Act is
2789		-	amended by changing Section 5 as follows
2790		-	(430 ILCS 65/5) (from Ch. 38, par. 83-5)
2791		-	Sec. 5. Application and renewal.
2792		-	(a) The Illinois State Police shall either approve or deny
2793		-	all applications within 30 days from the date they are
2794		-	received, except as provided in subsections (b) and (c), and
2795		-	every applicant found qualified under Section 8 of this Act by
2796		-	the Illinois State Police shall be entitled to a Firearm
2797		-	Owner's Identification Card upon the payment of a $10 fee and
2798		-	applicable processing fees. The processing fees shall be
2799		-	limited to charges by the State Treasurer for using the
2800		-	electronic online payment system. Any applicant who is an
2801		-
2802		-
2803		-	active duty member of the Armed Forces of the United States, a
2804		-	member of the Illinois National Guard, or a member of the
2805		-	Reserve Forces of the United States is exempt from the
2806		-	application fee. $5 of each fee derived from the issuance of a
2807		-	Firearm Owner's Identification Card or renewals thereof shall
2808		-	be deposited in the State Police Firearm Services Fund and $5
2809		-	into the State Police Firearm Revocation Enforcement Fund.
2810		-	(b) Renewal applications shall be approved or denied
2811		-	within 60 business days, provided the applicant submitted his
2812		-	or her renewal application prior to the expiration of his or
2813		-	her Firearm Owner's Identification Card. If a renewal
2814		-	application has been submitted prior to the expiration date of
2815		-	the applicant's Firearm Owner's Identification Card, the
2816		-	Firearm Owner's Identification Card shall remain valid while
2817		-	the Illinois State Police processes the application, unless
2818		-	the person is subject to or becomes subject to revocation
2819		-	under this Act. The cost for a renewal application shall be $10
2820		-	and may include applicable processing fees, which shall be
2821		-	limited to charges by the State Treasurer for using the
2822		-	electronic online payment system, which shall be deposited
2823		-	into the State Police Firearm Services Fund.
2824		-	(c) If the Firearm Owner's Identification Card of a
2825		-	licensee under the Firearm Concealed Carry Act expires during
2826		-	the term of the licensee's concealed carry license, the
2827		-	Firearm Owner's Identification Card and the license remain
2828		-	valid and the licensee does not have to renew his or her
2829		-
2830		-
2831		-	Firearm Owner's Identification Card during the duration of the
2832		-	concealed carry license. Unless the Illinois State Police has
2833		-	reason to believe the licensee is no longer eligible for the
2834		-	card, the Illinois State Police may automatically renew the
2835		-	licensee's Firearm Owner's Identification Card and send a
2836		-	renewed Firearm Owner's Identification Card to the licensee.
2837		-	(d) The Illinois State Police may adopt rules concerning
2838		-	the use of voluntarily submitted fingerprints, as allowed by
2839		-	State and federal law.
2840		-	(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
2841		-	102-813, eff. 5-13-22.)
2842		-	Section 65. The Criminal Code of 2012 is amended by
2843		-	changing Sections 29B-7 and 29B-12 as follows:
2844		-	(720 ILCS 5/29B-7)
2845		-	Sec. 29B-7. Safekeeping of seized property pending
2846		-	disposition.
2847		-	(a) If property is seized under this Article, the seizing
2848		-	agency shall promptly conduct an inventory of the seized
2849		-	property and estimate the property's value and shall forward a
2850		-	copy of the inventory of seized property and the estimate of
2851		-	the property's value to the Director. Upon receiving notice of
2852		-	seizure, the Director may:
2853		-	(1) place the property under seal;
2854		-	(2) remove the property to a place designated by the
2855		-
2856		-
2857		-	Director;
2858		-	(3) keep the property in the possession of the seizing
2859		-	agency;
2860		-	(4) remove the property to a storage area for
2861		-	safekeeping or, if the property is a negotiable instrument
2862		-	or money and is not needed for evidentiary purposes,
2863		-	deposit it in an interest bearing account;
2864		-	(5) place the property under constructive seizure by
2865		-	posting notice of pending forfeiture on it, by giving
2866		-	notice of pending forfeiture to its owners and interest
2867		-	holders, or by filing notice of pending forfeiture in any
2868		-	appropriate public record relating to the property; or
2869		-	(6) provide for another agency or custodian, including
2870		-	an owner, secured party, or lienholder, to take custody of
2871		-	the property upon the terms and conditions set by the
2872		-	Director.
2873		-	(b) When property is forfeited under this Article, the
2874		-	Director or the Director's designee shall sell all the
2875		-	property unless the property is required by law to be
2876		-	destroyed or is harmful to the public and shall distribute the
2877		-	proceeds of the sale, together with any moneys forfeited or
2878		-	seized, under Section 29B-26 of this Article.
2879		-	(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
2880		-	(720 ILCS 5/29B-12)
2881		-	Sec. 29B-12. Non-judicial forfeiture. If non-real
2882		-
2883		-
2884		-	property that exceeds $20,000 in value excluding the value of
2885		-	any conveyance, or if real property is seized under the
2886		-	provisions of this Article, the State's Attorney shall
2887		-	institute judicial in rem forfeiture proceedings as described
2888		-	in Section 29B-13 of this Article within 28 days from receipt
2889		-	of notice of seizure from the seizing agency under Section
2890		-	29B-8 of this Article. However, if non-real property that does
2891		-	not exceed $20,000 in value excluding the value of any
2892		-	conveyance is seized, the following procedure shall be used:
2893		-	(1) If, after review of the facts surrounding the
2894		-	seizure, the State's Attorney is of the opinion that the
2895		-	seized property is subject to forfeiture, then, within 28
2896		-	days after the receipt of notice of seizure from the
2897		-	seizing agency, the State's Attorney shall cause notice of
2898		-	pending forfeiture to be given to the owner of the
2899		-	property and all known interest holders of the property in
2900		-	accordance with Section 29B-10 of this Article.
2901		-	(2) The notice of pending forfeiture shall include a
2902		-	description of the property, the estimated value of the
2903		-	property, the date and place of seizure, the conduct
2904		-	giving rise to forfeiture or the violation of law alleged,
2905		-	and a summary of procedures and procedural rights
2906		-	applicable to the forfeiture action.
2907		-	(3)(A) Any person claiming an interest in property
2908		-	that is the subject of notice under paragraph (1) of this
2909		-	Section, must, in order to preserve any rights or claims
2910		-
2911		-
2912		-	to the property, within 45 days after the effective date
2913		-	of notice as described in Section 29B-10 of this Article,
2914		-	file a verified claim with the State's Attorney expressing
2915		-	his or her interest in the property. The claim shall set
2916		-	forth:
2917		-	(i) the caption of the proceedings as set forth on
2918		-	the notice of pending forfeiture and the name of the
2919		-	claimant;
2920		-	(ii) the address at which the claimant will accept
2921		-	mail;
2922		-	(iii) the nature and extent of the claimant's
2923		-	interest in the property;
2924		-	(iv) the date, identity of the transferor, and
2925		-	circumstances of the claimant's acquisition of the
2926		-	interest in the property;
2927		-	(v) the names and addresses of all other persons
2928		-	known to have an interest in the property;
2929		-	(vi) the specific provision of law relied on in
2930		-	asserting the property is not subject to forfeiture;
2931		-	(vii) all essential facts supporting each
2932		-	assertion; and
2933		-	(viii) the relief sought.
2934		-	(B) If a claimant files the claim, then the State's
2935		-	Attorney shall institute judicial in rem forfeiture
2936		-	proceedings with the clerk of the court as described in
2937		-	Section 29B-13 of this Article within 28 days after
2938		-
2939		-
2940		-	receipt of the claim.
2941		-	(4) If no claim is filed within the 28-day period as
2942		-	described in paragraph (3) of this Section, the State's
2943		-	Attorney shall declare the property forfeited and shall
2944		-	promptly notify the owner and all known interest holders
2945		-	of the property and the Director of the Illinois State
2946		-	Police of the declaration of forfeiture and the Director
2947		-	or the Director's designee shall dispose of the property
2948		-	in accordance with law.
2949		-	(Source: P.A. 102-538, eff. 8-20-21.)
2950		-	Section 70. The Drug Asset Forfeiture Procedure Act is
2951		-	amended by changing Section 6 as follows:
2952		-	(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
2953		-	Sec. 6. Non-judicial forfeiture. If non-real property that
2954		-	exceeds $150,000 in value excluding the value of any
2955		-	conveyance, or if real property is seized under the provisions
2956		-	of the Illinois Controlled Substances Act, the Cannabis
2957		-	Control Act, or the Methamphetamine Control and Community
2958		-	Protection Act, the State's Attorney shall institute judicial
2959		-	in rem forfeiture proceedings as described in Section 9 of
2960		-	this Act within 28 days from receipt of notice of seizure from
2961		-	the seizing agency under Section 5 of this Act. However, if
2962		-	non-real property that does not exceed $150,000 in value
2963		-	excluding the value of any conveyance is seized, the following
2964		-
2965		-
2966		-	procedure shall be used:
2967		-	(A) If, after review of the facts surrounding the
2968		-	seizure, the State's Attorney is of the opinion that the
2969		-	seized property is subject to forfeiture, then, within 28
2970		-	days of the receipt of notice of seizure from the seizing
2971		-	agency, the State's Attorney shall cause notice of pending
2972		-	forfeiture to be given to the owner of the property and all
2973		-	known interest holders of the property in accordance with
2974		-	Section 4 of this Act.
2975		-	(B) The notice of pending forfeiture must include a
2976		-	description of the property, the estimated value of the
2977		-	property, the date and place of seizure, the conduct
2978		-	giving rise to forfeiture or the violation of law alleged,
2979		-	and a summary of procedures and procedural rights
2980		-	applicable to the forfeiture action.
2981		-	(C)(1) Any person claiming an interest in property
2982		-	which is the subject of notice under subsection (A) of
2983		-	this Section may, within 45 days after the effective date
2984		-	of notice as described in Section 4 of this Act, file a
2985		-	verified claim with the State's Attorney expressing his or
2986		-	her interest in the property. The claim must set forth:
2987		-	(i) the caption of the proceedings as set forth on
2988		-	the notice of pending forfeiture and the name of the
2989		-	claimant;
2990		-	(ii) the address at which the claimant will accept
2991		-	mail;
2992		-
2993		-
2994		-	(iii) the nature and extent of the claimant's
2995		-	interest in the property;
2996		-	(iv) the date, identity of the transferor, and
2997		-	circumstances of the claimant's acquisition of the
2998		-	interest in the property;
2999		-	(v) the names and addresses of all other persons
3000		-	known to have an interest in the property;
3001		-	(vi) the specific provision of law relied on in
3002		-	asserting the property is not subject to forfeiture;
3003		-	(vii) all essential facts supporting each
3004		-	assertion; and
3005		-	(viii) the relief sought.
3006		-	(2) If a claimant files the claim then the State's
3007		-	Attorney shall institute judicial in rem forfeiture
3008		-	proceedings within 28 days after receipt of the claim.
3009		-	(D) If no claim is filed within the 45-day period as
3010		-	described in subsection (C) of this Section, the State's
3011		-	Attorney shall declare the property forfeited and shall
3012		-	promptly notify the owner and all known interest holders
3013		-	of the property and the Director of the Illinois State
3014		-	Police of the declaration of forfeiture and the Director
3015		-	or the Director's designee shall dispose of the property
3016		-	in accordance with law.
3017		-	(Source: P.A. 102-538, eff. 8-20-21.)
3018		-	Section 75. The Unified Code of Corrections is amended by
3019		-
3020		-
3021		-	changing Section 5-5.5-5 as follows:
3022		-	(730 ILCS 5/5-5.5-5)
3023		-	Sec. 5-5.5-5. Definition. In this Article, "eligible
3024		-	offender" means a person who has been convicted of a crime in
3025		-	this State or of an offense in any other jurisdiction that does
3026		-	not include any offense or attempted offense that would
3027		-	subject a person to registration under the Sex Offender
3028		-	Registration Act, Arsonist Registry Act the Arsonist
3029		-	Registration Act, or the Murderer and Violent Offender Against
3030		-	Youth Registration Act. "Eligible offender" does not include a
3031		-	person who has been convicted of arson, aggravated arson,
3032		-	kidnapping, aggravated kidnaping, aggravated driving under the
3033		-	influence of alcohol, other drug or drugs, or intoxicating
3034		-	compound or compounds, or any combination thereof, or
3035		-	aggravated domestic battery.
3036		-	(Source: P.A. 99-381, eff. 1-1-16; 99-642, eff. 7-28-16.)
3037		-	Section 80. The Arsonist Registration Act is amended by
3038		-	changing Sections 1, 5, 10, 60, and 75 as follows:
3039		-	(730 ILCS 148/1)
3040		-	Sec. 1. Short title. This Act may be cited as the Arsonist
3041		-	Registry Registration Act.
3042		-	(Source: P.A. 93-949, eff. 1-1-05.)
3043		-
3044		-
3045		-	(730 ILCS 148/5)
3046		-	Sec. 5. Definitions. In this Act:
3047		-	(a) "Arsonist" means any person who is:
3048		-	(1) charged under Illinois law, or any substantially
3049		-	similar federal, Uniform Code of Military Justice, sister
3050		-	state, or foreign country law, with an arson offense, set
3051		-	forth in subsection (b) of this Section or the attempt to
3052		-	commit an included arson offense, and:
3053		-	(i) is convicted of such offense or an attempt to
3054		-	commit such offense; or
3055		-	(ii) is found not guilty by reason of insanity of
3056		-	such offense or an attempt to commit such offense; or
3057		-	(iii) is found not guilty by reason of insanity
3058		-	under subsection (c) of Section 104-25 of the Code of
3059		-	Criminal Procedure of 1963 of such offense or an
3060		-	attempt to commit such offense; or
3061		-	(iv) is the subject of a finding not resulting in
3062		-	an acquittal at a hearing conducted under subsection
3063		-	(a) of Section 104-25 of the Code of Criminal
3064		-	Procedure of 1963 for the alleged commission or
3065		-	attempted commission of such offense; or
3066		-	(v) is found not guilty by reason of insanity
3067		-	following a hearing conducted under a federal, Uniform
3068		-	Code of Military Justice, sister state, or foreign
3069		-	country law substantially similar to subsection (c) of
3070		-	Section 104-25 of the Code of Criminal Procedure of
3071		-
3072		-
3073		-	1963 of such offense or of the attempted commission of
3074		-	such offense; or
3075		-	(vi) is the subject of a finding not resulting in
3076		-	an acquittal at a hearing conducted under a federal,
3077		-	Uniform Code of Military Justice, sister state, or
3078		-	foreign country law substantially similar to
3079		-	subsection (a) of Section 104-25 of the Code of
3080		-	Criminal Procedure of 1963 for the alleged violation
3081		-	or attempted commission of such offense;
3082		-	(2) a minor who has been tried and convicted in an
3083		-	adult criminal prosecution as the result of committing or
3084		-	attempting to commit an offense specified in subsection
3085		-	(b) of this Section or a violation of any substantially
3086		-	similar federal, Uniform Code of Military Justice, sister
3087		-	state, or foreign country law. Convictions that result
3088		-	from or are connected with the same act, or result from
3089		-	offenses committed at the same time, shall be counted for
3090		-	the purpose of this Act as one conviction. Any conviction
3091		-	set aside under law is not a conviction for purposes of
3092		-	this Act.
3093		-	(b) "Arson offense" means:
3094		-	(1) A conviction violation of any of the following
3095		-	Sections of the Criminal Code of 1961 or the Criminal Code
3096		-	of 2012:
3097		-	(i) 20-1 (arson; residential arson; place of
3098		-	worship arson),
3099		-
3100		-
3101		-	(ii) 20-1.1 (aggravated arson),
3102		-	(iii) 20-1(b) or 20-1.2 (residential arson),
3103		-	(iv) 20-1(b-5) or 20-1.3 (place of worship arson),
3104		-	(v) 20-2 (possession of explosives or explosive or
3105		-	incendiary devices), or
3106		-	(vi) An attempt to commit any of the offenses
3107		-	listed in clauses (i) through (v).
3108		-	(2) A violation of any former law of this State
3109		-	substantially equivalent to any offense listed in
3110		-	subsection (b) of this Section.
3111		-	(c) A conviction for an offense of federal law, Uniform
3112		-	Code of Military Justice, or the law of another state or a
3113		-	foreign country that is substantially equivalent to any
3114		-	offense listed in subsection (b) of this Section shall
3115		-	constitute a conviction for the purpose of this Act.
3116		-	(d) "Law enforcement agency having jurisdiction" means the
3117		-	Chief of Police in each of the municipalities in which the
3118		-	arsonist expects to reside, work, or attend school (1) upon
3119		-	his or her discharge, parole or release or (2) during the
3120		-	service of his or her sentence of probation or conditional
3121		-	discharge, or the Sheriff of the county, in the event no Police
3122		-	Chief exists or if the offender intends to reside, work, or
3123		-	attend school in an unincorporated area. "Law enforcement
3124		-	agency having jurisdiction" includes the location where
3125		-	out-of-state students attend school and where out-of-state
3126		-	employees are employed or are otherwise required to register.
3127		-
3128		-
3129		-	(e) "Out-of-state student" means any arsonist, as defined
3130		-	in this Section, who is enrolled in Illinois, on a full-time or
3131		-	part-time basis, in any public or private educational
3132		-	institution, including, but not limited to, any secondary
3133		-	school, trade or professional institution, or institution of
3134		-	higher learning.
3135		-	(f) "Out-of-state employee" means any arsonist, as defined
3136		-	in this Section, who works in Illinois, regardless of whether
3137		-	the individual receives payment for services performed, for a
3138		-	period of time of 10 or more days or for an aggregate period of
3139		-	time of 30 or more days during any calendar year. Persons who
3140		-	operate motor vehicles in the State accrue one day of
3141		-	employment time for any portion of a day spent in Illinois.
3142		-	(g) "I-CLEAR" means the Illinois Citizens and Law
3143		-	Enforcement Analysis and Reporting System.
3144		-	(Source: P.A. 99-78, eff. 7-20-15.)
3145		-	(730 ILCS 148/10)
3146		-	Sec. 10. Statewide Arsonist Database Duty to register.
3147		-	(a) The Illinois State Police shall establish and maintain
3148		-	a Statewide Arsonist Database for the purpose of identifying
3149		-	arsonists and making that information available to law
3150		-	enforcement and the general public. For every person convicted
3151		-	of a violation of an arson offense on or after the effective
3152		-	date of this amendatory Act of the 103rd General Assembly, the
3153		-	Statewide Arsonist Database shall contain information relating
3154		-
3155		-
3156		-	to each arsonist for a period of 10 years after conviction for
3157		-	an arson offense. The information may include the arsonist's
3158		-	name, date of birth, offense or offenses requiring inclusion
3159		-	in the Statewide Arsonist Database, the conviction date and
3160		-	county of each such offense, and such other identifying
3161		-	information as the Illinois State Police deems necessary to
3162		-	identify the arsonist, but shall not include the social
3163		-	security number of the arsonist. The registry may include a
3164		-	photograph of the arsonist.
3165		-	(b) The Illinois State Police may adopt rules in
3166		-	accordance with the Illinois Administrative Procedure Act to
3167		-	implement this Section and those rules must include procedures
3168		-	to ensure that the information in the database is accurate,
3169		-	and that the information in the database reflects any changes
3170		-	based on the reversal of a conviction for an offense requiring
3171		-	inclusion in the Statewide Arsonist Database, or a court order
3172		-	requiring the sealing or expungement of records relating to
3173		-	the offense. A certified copy of such an order shall be deemed
3174		-	prima facie true and correct and shall be sufficient to
3175		-	require the immediate amendment or removal of any person's
3176		-	information from the Statewide Arsonist Database by the
3177		-	Illinois State Police.
3178		-	(c) The Illinois State Police must have the Statewide
3179		-	Arsonist Database created and ready to comply with the
3180		-	requirements of this Section no later than July 1, 2025. An
3181		-	arsonist shall, within the time period prescribed in
3182		-
3183		-
3184		-	subsections (b) and (c), register in person and provide
3185		-	accurate information as required by the Illinois State Police.
3186		-	Such information shall include current address, current place
3187		-	of employment, and school attended. The arsonist shall
3188		-	register:
3189		-	(1) with the chief of police in each of the
3190		-	municipalities in which he or she attends school, is
3191		-	employed, resides or is temporarily domiciled for a period
3192		-	of time of 10 or more days, unless the municipality is the
3193		-	City of Chicago, in which case he or she shall register at
3194		-	a fixed location designated by the Superintendent of the
3195		-	Chicago Police Department; or
3196		-	(2) with the sheriff in each of the counties in which
3197		-	he or she attends school, is employed, resides or is
3198		-	temporarily domiciled in an unincorporated area or, if
3199		-	incorporated, no police chief exists. For purposes of this
3200		-	Act, the place of residence or temporary domicile is
3201		-	defined as any and all places where the arsonist resides
3202		-	for an aggregate period of time of 10 or more days during
3203		-	any calendar year. The arsonist shall provide accurate
3204		-	information as required by the Illinois State Police. That
3205		-	information shall include the arsonist's current place of
3206		-	employment.
3207		-	(a-5) An out-of-state student or out-of-state employee
3208		-	shall, within 10 days after beginning school or employment in
3209		-	this State, register in person and provide accurate
3210		-
3211		-
3212		-	information as required by the Illinois State Police. Such
3213		-	information must include current place of employment, school
3214		-	attended, and address in state of residence:
3215		-	(1) with the chief of police in each of the
3216		-	municipalities in which he or she attends school or is
3217		-	employed for a period of time of 10 or more days or for an
3218		-	aggregate period of time of more than 30 days during any
3219		-	calendar year, unless the municipality is the City of
3220		-	Chicago, in which case he or she shall register at a fixed
3221		-	location designated by the Superintendent of the Chicago
3222		-	Police Department; or
3223		-	(2) with the sheriff in each of the counties in which
3224		-	he or she attends school or is employed for a period of
3225		-	time of 10 or more days or for an aggregate period of time
3226		-	of more than 30 days during any calendar year in an
3227		-	unincorporated area or, if incorporated, no police chief
3228		-	exists. The out-of-state student or out-of-state employee
3229		-	shall provide accurate information as required by the
3230		-	Illinois State Police. That information shall include the
3231		-	out-of-state student's current place of school attendance
3232		-	or the out-of-state employee's current place of
3233		-	employment.
3234		-	(b) An arsonist as defined in Section 5 of this Act,
3235		-	regardless of any initial, prior, or other registration,
3236		-	shall, within 10 days of beginning school, or establishing a
3237		-	residence, place of employment, or temporary domicile in any
3238		-
3239		-
3240		-	county, register in person as set forth in subsection (a) or
3241		-	(a-5).
3242		-	(c) The registration for any person required to register
3243		-	under this Act shall be as follows:
3244		-	(1) Except as provided in paragraph (3) of this
3245		-	subsection (c), any person who has not been notified of
3246		-	his or her responsibility to register shall be notified by
3247		-	a criminal justice entity of his or her responsibility to
3248		-	register. Upon notification the person must then register
3249		-	within 10 days of notification of his or her requirement
3250		-	to register. If notification is not made within the
3251		-	offender's 10 year registration requirement, and the
3252		-	Illinois State Police determines no evidence exists or
3253		-	indicates the offender attempted to avoid registration,
3254		-	the offender will no longer be required to register under
3255		-	this Act.
3256		-	(2) Except as provided in paragraph (3) of this
3257		-	subsection (c), any person convicted on or after the
3258		-	effective date of this Act shall register in person within
3259		-	10 days after the entry of the sentencing order based upon
3260		-	his or her conviction.
3261		-	(3) Any person unable to comply with the registration
3262		-	requirements of this Act because he or she is confined,
3263		-	institutionalized, or imprisoned in Illinois on or after
3264		-	the effective date of this Act shall register in person
3265		-	within 10 days of discharge, parole or release.
3266		-
3267		-
3268		-	(4) The person shall provide positive identification
3269		-	and documentation that substantiates proof of residence at
3270		-	the registering address.
3271		-	(5) The person shall pay a $10 initial registration
3272		-	fee and a $5 annual renewal fee. The fees shall be used by
3273		-	the registering agency for official purposes. The agency
3274		-	shall establish procedures to document receipt and use of
3275		-	the funds. The law enforcement agency having jurisdiction
3276		-	may waive the registration fee if it determines that the
3277		-	person is indigent and unable to pay the registration fee.
3278		-	(d) Within 10 days after obtaining or changing employment,
3279		-	a person required to register under this Section must report,
3280		-	in person or in writing to the law enforcement agency having
3281		-	jurisdiction, the business name and address where he or she is
3282		-	employed. If the person has multiple businesses or work
3283		-	locations, every business and work location must be reported
3284		-	to the law enforcement agency having jurisdiction.
3285		-	(Source: P.A. 102-538, eff. 8-20-21.)
3286		-	(730 ILCS 148/60)
3287		-	Sec. 60. Public inspection of registry registration data.
3288		-	(a) Except as otherwise provided in subsection (b), the
3289		-	statements or any other information required by this Act shall
3290		-	not be open to inspection by the public, or by any person other
3291		-	than by a law enforcement officer or other individual as may be
3292		-	authorized by law and shall include law enforcement agencies
3293		-
3294		-
3295		-	of this State, any other state, or of the federal government.
3296		-	Similar information may be requested from any law enforcement
3297		-	agency of another state or of the federal government for
3298		-	purposes of this Act. It is a Class B misdemeanor to permit the
3299		-	unauthorized release of any information required by this Act.
3300		-	(b) The Illinois State Police shall furnish to the Office
3301		-	of the State Fire Marshal the registry registration
3302		-	information concerning persons covered who are required to
3303		-	register under this Act. The Office of the State Fire Marshal
3304		-	shall establish and maintain a Statewide Arsonist Database for
3305		-	the purpose of making that information available to the public
3306		-	on the Internet by means of a hyperlink labeled "Arsonist
3307		-	Information" on the Office of the State Fire Marshal's
3308		-	website.
3309		-	(Source: P.A. 102-538, eff. 8-20-21.)
3310		-	(730 ILCS 148/75)
3311		-	Sec. 75. Access to State of Illinois databases. The
3312		-	Illinois State Police shall have access to State of Illinois
3313		-	databases containing information that may help in the
3314		-	identification or location of persons covered required to
3315		-	register under this Act. Interagency agreements shall be
3316		-	implemented, consistent with security and procedures
3317		-	established by the State agency and consistent with the laws
3318		-	governing the confidentiality of the information in the
3319		-	databases. Information shall be used only for administration
3320		-
3321		-
3322		-	of this Act.
3323		-	(Source: P.A. 102-538, eff. 8-20-21.)
3324		-	(730 ILCS 148/15 rep.)
3325		-	(730 ILCS 148/20 rep.)
3326		-	(730 ILCS 148/25 rep.)
3327		-	(730 ILCS 148/30 rep.)
3328		-	(730 ILCS 148/35 rep.)
3329		-	(730 ILCS 148/40 rep.)
3330		-	(730 ILCS 148/45 rep.)
3331		-	(730 ILCS 148/50 rep.)
3332		-	(730 ILCS 148/55 rep.)
3333		-	(730 ILCS 148/65 rep.)
3334		-	(730 ILCS 148/70 rep.)
3335		-	(730 ILCS 148/80 rep.)
3336		-	Section 85. The Arsonist Registration Act is amended by
3337		-	repealing Sections 15, 20, 25, 30, 35, 40, 45, 50, 55, 65, 70,
3338		-	and 80.
3339		-	Section 90. The Code of Civil Procedure is amended by
3340		-	changing Sections 21-101 and 21-102 as follows:
3341		-	(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
3342		-	Sec. 21-101. Proceedings; parties.
3343		-	(a) If any person who is a resident of this State and has
3344		-	resided in this State for 6 months desires to change his or her
3345		-
3346		-
3347		-	name and to assume another name by which to be afterwards
3348		-	called and known, the person may file a petition requesting
3349		-	that relief in the circuit court of the county wherein he or
3350		-	she resides.
3351		-	(b) A person who has been convicted of any offense for
3352		-	which a person is required to register under the Sex Offender
3353		-	Registration Act, the Murderer and Violent Offender Against
3354		-	Youth Registration Act, or the Arsonist Registry Act Arsonist
3355		-	Registration Act in this State or any other state and who has
3356		-	not been pardoned is not permitted to file a petition for a
3357		-	name change in the courts of this State during the period that
3358		-	the person is required to register, unless that person
3359		-	verifies under oath, as provided under Section 1-109, that the
3360		-	petition for the name change is due to marriage, religious
3361		-	beliefs, status as a victim of trafficking or gender-related
3362		-	identity as defined by the Illinois Human Rights Act. A judge
3363		-	may grant or deny the request for legal name change filed by
3364		-	such persons. Any such persons granted a legal name change
3365		-	shall report the change to the law enforcement agency having
3366		-	jurisdiction of their current registration pursuant to the
3367		-	Duty to Report requirements specified in Section 35 of the
3368		-	Arsonist Registration Act, Section 20 of the Murderer and
3369		-	Violent Offender Against Youth Registration Act, and Section 6
3370		-	of the Sex Offender Registration Act. For the purposes of this
3371		-	subsection, a person will not face a felony charge if the
3372		-	person's request for legal name change is denied without proof
3373		-
3374		-
3375		-	of perjury.
3376		-	(b-1) A person who has been convicted of a felony offense
3377		-	in this State or any other state and whose sentence has not
3378		-	been completed, terminated, or discharged is not permitted to
3379		-	file a petition for a name change in the courts of this State
3380		-	unless that person is pardoned for the offense.
3381		-	(c) A petitioner may include his or her spouse and adult
3382		-	unmarried children, with their consent, and his or her minor
3383		-	children where it appears to the court that it is for their
3384		-	best interest, in the petition and relief requested, and the
3385		-	court's order shall then include the spouse and children.
3386		-	Whenever any minor has resided in the family of any person for
3387		-	the space of 3 years and has been recognized and known as an
3388		-	adopted child in the family of that person, the application
3389		-	herein provided for may be made by the person having that minor
3390		-	in his or her family.
3391		-	An order shall be entered as to a minor only if the court
3392		-	finds by clear and convincing evidence that the change is
3393		-	necessary to serve the best interest of the child. In
3394		-	determining the best interest of a minor child under this
3395		-	Section, the court shall consider all relevant factors,
3396		-	including:
3397		-	(1) The wishes of the child's parents and any person
3398		-	acting as a parent who has physical custody of the child.
3399		-	(2) The wishes of the child and the reasons for those
3400		-	wishes. The court may interview the child in chambers to
3401		-
3402		-
3403		-	ascertain the child's wishes with respect to the change of
3404		-	name. Counsel shall be present at the interview unless
3405		-	otherwise agreed upon by the parties. The court shall
3406		-	cause a court reporter to be present who shall make a
3407		-	complete record of the interview instantaneously to be
3408		-	part of the record in the case.
3409		-	(3) The interaction and interrelationship of the child
3410		-	with his or her parents or persons acting as parents who
3411		-	have physical custody of the child, step-parents,
3412		-	siblings, step-siblings, or any other person who may
3413		-	significantly affect the child's best interest.
3414		-	(4) The child's adjustment to his or her home, school,
3415		-	and community.
3416		-	(d) If it appears to the court that the conditions and
3417		-	requirements under this Article have been complied with and
3418		-	that there is no reason why the relief requested should not be
3419		-	granted, the court, by an order to be entered of record, may
3420		-	direct and provide that the name of that person be changed in
3421		-	accordance with the relief requested in the petition. If the
3422		-	circuit court orders that a name change be granted to a person
3423		-	who has been adjudicated or convicted of a felony or
3424		-	misdemeanor offense under the laws of this State or any other
3425		-	state for which a pardon has not been granted, or has an arrest
3426		-	for which a charge has not been filed or a pending charge on a
3427		-	felony or misdemeanor offense, a copy of the order, including
3428		-	a copy of each applicable access and review response, shall be
3429		-
3430		-
3431		-	forwarded to the Illinois State Police. The Illinois State
3432		-	Police shall update any criminal history transcript or
3433		-	offender registration of each person 18 years of age or older
3434		-	in the order to include the change of name as well as his or
3435		-	her former name.
3436		-	(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
3437		-	revised 12-15-23.)
3438		-	(735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
3439		-	Sec. 21-102. Petition; update criminal history transcript.
3440		-	(a) The petition shall be a statewide standardized form
3441		-	approved by the Illinois Supreme Court and shall set forth the
3442		-	name then held, the name sought to be assumed, the residence of
3443		-	the petitioner, the length of time the petitioner has resided
3444		-	in this State, and the state or country of the petitioner's
3445		-	nativity or supposed nativity. The petition shall include a
3446		-	statement, verified under oath as provided under Section 1-109
3447		-	of this Code, whether or not the petitioner or any other person
3448		-	18 years of age or older who will be subject to a change of
3449		-	name under the petition if granted: (1) has been adjudicated
3450		-	or convicted of a felony or misdemeanor offense under the laws
3451		-	of this State or any other state for which a pardon has not
3452		-	been granted; or (2) has an arrest for which a charge has not
3453		-	been filed or a pending charge on a felony or misdemeanor
3454		-	offense. The petition shall be signed by the person
3455		-	petitioning or, in case of minors, by the parent or guardian
3456		-
3457		-
3458		-	having the legal custody of the minor.
3459		-	(b) If the statement provided under subsection (a) of this
3460		-	Section indicates the petitioner or any other person 18 years
3461		-	of age or older who will be subject to a change of name under
3462		-	the petition, if granted, has been adjudicated or convicted of
3463		-	a felony or misdemeanor offense under the laws of this State or
3464		-	any other state for which a pardon has not been granted, or has
3465		-	an arrest for which a charge has not been filed or a pending
3466		-	charge on a felony or misdemeanor offense, the State's
3467		-	Attorney may request the court to or the court may on its own
3468		-	motion, require the person, prior to a hearing on the
3469		-	petition, to initiate an update of his or her criminal history
3470		-	transcript with the Illinois State Police. The Illinois State
3471		-	Police Department shall allow a person to use the Access and
3472		-	Review process, established by rule in the Illinois State
3473		-	Police Department, for this purpose. Upon completion of the
3474		-	update of the criminal history transcript, the petitioner
3475		-	shall file confirmation of each update with the court, which
3476		-	shall seal the records from disclosure outside of court
3477		-	proceedings on the petition.
3478		-	(c) Any petition filed under subsection (a) shall include
3479		-	the following: "WARNING: If you are required to register under
3480		-	the Sex Offender Registration Act, the Murderer and Violent
3481		-	Offender Against Youth Registration Act, or the Arsonist
3482		-	Registry Act Arsonist Registration Act in this State or a
3483		-	similar law in any other state and have not been pardoned, you
3484		-
3485		-
3486		-	will be committing a felony under those respective Acts by
3487		-	seeking a change of name during the registration period UNLESS
3488		-	your request for legal name change is due to marriage,
3489		-	religious beliefs, status as a victim of trafficking or gender
3490		-	related identity as defined by the Illinois Human Rights
3491		-	Act.".
3492		-	(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
3493		-	revised 12-15-23.)
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	34	+	1 and
	35	+	2 (5) the location where the seizure occurred.
	36	+	3 The filing requirement shall be met upon filing Illinois
	37	+	4 State Police Notice/Inventory of Seized Property (Form 4-64)
	38	+	5 with the State's Attorney's Office in the county where the
	39	+	6 forfeiture action is being commenced or with the Attorney
	40	+	7 General's Office if the forfeiture action is being commenced
	41	+	8 by that office, and the forwarding of Form 4-64 upon approval
	42	+	9 of the State's Attorney's Office or the Attorney General's
	43	+	10 Office to the Illinois State Police Asset Forfeiture Section.
	44	+	11 With regard to seizures for which Form 4-64 is not required to
	45	+	12 be filed, the filing requirement shall be met by the filing of
	46	+	13 an annual summary report with the Illinois State Police no
	47	+	14 later than 60 days after December 31 of that year.
	48	+	15 (b) Each law enforcement agency, including a drug task
	49	+	16 force or Metropolitan Enforcement Group (MEG) unit, that
	50	+	17 receives proceeds from forfeitures subject to reporting under
	51	+	18 this Act shall file an annual report with the Illinois State
	52	+	19 Police no later than 60 days after December 31 of that year.
	53	+	20 The format of the report shall be developed by the Illinois
	54	+	21 State Police and shall be completed by the law enforcement
	55	+	22 agency. The report shall include, at a minimum, the amount of
	56	+	23 funds and other property distributed to the law enforcement
	57	+	24 agency by the Illinois State Police, the amount of funds
	58	+	25 expended by the law enforcement agency, and the category of
	59	+	26 expenditure, including:
	60	+
	61	+
	62	+
	63	+
	64	+
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	66	+
	67	+
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	70	+	1 (1) crime, gang, or abuse prevention or intervention
	71	+	2 programs;
	72	+	3 (2) compensation or services for crime victims;
	73	+	4 (3) witness protection, informant fees, and controlled
	74	+	5 purchases of contraband;
	75	+	6 (4) salaries, overtime, and benefits, as permitted by
	76	+	7 law;
	77	+	8 (5) operating expenses, including but not limited to,
	78	+	9 capital expenditures for vehicles, firearms, equipment,
	79	+	10 computers, furniture, office supplies, postage, printing,
	80	+	11 membership fees paid to trade associations, and fees for
	81	+	12 professional services including auditing, court reporting,
	82	+	13 expert witnesses, and attorneys;
	83	+	14 (6) travel, meals, entertainment, conferences,
	84	+	15 training, and continuing education seminars; and
	85	+	16 (7) other expenditures of forfeiture proceeds.
	86	+	17 (c) The Illinois State Police shall establish and maintain
	87	+	18 on its official website a public database that includes annual
	88	+	19 aggregate data for each law enforcement agency that reports
	89	+	20 seizures of property under subsection (a) of this Section,
	90	+	21 that receives distributions of forfeiture proceeds subject to
	91	+	22 reporting under this Act, or reports expenditures under
	92	+	23 subsection (b) of this Section. This aggregate data shall
	93	+	24 include, for each law enforcement agency:
	94	+	25 (1) the total number of asset seizures reported by
	95	+	26 each law enforcement agency during the calendar year;
	96	+
	97	+
	98	+
	99	+
	100	+
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	103	+
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	106	+	1 (2) the monetary value of all currency or its
	107	+	2 equivalent seized by the law enforcement agency during the
	108	+	3 calendar year;
	109	+	4 (3) the number of conveyances seized by the law
	110	+	5 enforcement agency during the calendar year, and the
	111	+	6 aggregate estimated value;
	112	+	7 (4) the aggregate estimated value of all other
	113	+	8 property seized by the law enforcement agency during the
	114	+	9 calendar year;
	115	+	10 (5) the monetary value of distributions by the
	116	+	11 Illinois State Police of forfeited currency or auction
	117	+	12 proceeds from forfeited property to the law enforcement
	118	+	13 agency during the calendar year; and
	119	+	14 (6) the total amount of the law enforcement agency's
	120	+	15 expenditures of forfeiture proceeds during the calendar
	121	+	16 year, categorized as provided under subsection (b) of this
	122	+	17 Section.
	123	+	18 The database shall not provide names, addresses, phone
	124	+	19 numbers, or other personally identifying information of owners
	125	+	20 or interest holders, persons, business entities, covert office
	126	+	21 locations, or business entities involved in the forfeiture
	127	+	22 action and shall not disclose the vehicle identification
	128	+	23 number or serial number of any conveyance.
	129	+	24 (d) The Illinois State Police shall adopt rules to
	130	+	25 administer the asset forfeiture program, including the
	131	+	26 categories of authorized expenditures consistent with the
	132	+
	133	+
	134	+
	135	+
	136	+
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	138	+
	139	+
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	142	+	1 statutory guidelines for each of the included forfeiture
	143	+	2 statutes, the use of forfeited funds, other expenditure
	144	+	3 requirements, and the reporting of seizure and forfeiture
	145	+	4 information. The Illinois State Police may adopt rules
	146	+	5 necessary to implement this Act through the use of emergency
	147	+	6 rulemaking under Section 5-45 of the Illinois Administrative
	148	+	7 Procedure Act for a period not to exceed 180 days after the
	149	+	8 effective date of this Act.
	150	+	9 (e) The Illinois State Police shall have authority and
	151	+	10 oversight over all law enforcement agencies receiving
	152	+	11 forfeited funds from the Illinois State Police. This authority
	153	+	12 shall include enforcement of rules and regulations adopted by
	154	+	13 the Illinois State Police and sanctions for violations of any
	155	+	14 rules and regulations, including the withholding of
	156	+	15 distributions of forfeiture proceeds from the law enforcement
	157	+	16 agency in violation.
	158	+	17 (f) Upon application by a law enforcement agency to the
	159	+	18 Illinois State Police, the reporting of a particular asset
	160	+	19 forfeited under this Section may be delayed if the asset in
	161	+	20 question was seized from a person who has become a
	162	+	21 confidential informant under the agency's confidential
	163	+	22 informant policy, or if the asset was seized as part of an
	164	+	23 ongoing investigation. This delayed reporting shall be granted
	165	+	24 by the Illinois State Police for a maximum period of 6 months
	166	+	25 if the confidential informant is still providing cooperation
	167	+	26 to law enforcement or the investigation is still ongoing,
	168	+
	169	+
	170	+
	171	+
	172	+
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	175	+
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	178	+	1 after which the asset shall be reported as required under this
	179	+	2 Act.
	180	+	3 (g) The Illinois State Police shall, on or before January
	181	+	4 1, 2019, establish and implement the requirements of this Act.
	182	+	5 In order to implement the reporting and public database
	183	+	6 requirements under this Act, the Illinois State Police Asset
	184	+	7 Forfeiture Section requires a one-time upgrade of its
	185	+	8 information technology software and hardware. This one-time
	186	+	9 upgrade shall be funded by a temporary allocation of 5% of all
	187	+	10 forfeited currency and 5% of the auction proceeds from each
	188	+	11 forfeited asset, which are to be distributed after the
	189	+	12 effective date of this Act. The Illinois State Police shall
	190	+	13 transfer these funds at the time of distribution to a separate
	191	+	14 fund established by the Illinois State Police. Moneys
	192	+	15 deposited in this fund shall be accounted for and shall be used
	193	+	16 only to pay for the actual one-time cost of purchasing and
	194	+	17 installing the hardware and software required to comply with
	195	+	18 this new reporting and public database requirement. Moneys
	196	+	19 deposited in the fund shall not be subject to reappropriation,
	197	+	20 reallocation, or redistribution for any other purpose. After
	198	+	21 sufficient funds are transferred to the fund to cover the
	199	+	22 actual one-time cost of purchasing and installing the hardware
	200	+	23 and software required to comply with this new reporting and
	201	+	24 public database requirement, no additional funds shall be
	202	+	25 transferred to the fund for any purpose. At the completion of
	203	+	26 the one-time upgrade of the information technology hardware
	204	+
	205	+
	206	+
	207	+
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	210	+
	211	+
	212	+	HB5495 Enrolled- 7 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 7 - LRB103 39013 AWJ 69150 b
	213	+	HB5495 Enrolled - 7 - LRB103 39013 AWJ 69150 b
	214	+	1 and software to comply with this new reporting and public
	215	+	2 database requirement, any remaining funds in the fund shall be
	216	+	3 returned to the participating agencies under the distribution
	217	+	4 requirements of the statutes from which the funds were
	218	+	5 transferred, and the fund shall no longer exist.
	219	+	6 (h)(1) The Illinois State Police, in consultation with and
	220	+	7 subject to the approval of the Chief Procurement Officer, may
	221	+	8 procure a single contract or multiple contracts to implement
	222	+	9 this Act.
	223	+	10 (2) A contract or contracts under this subsection (h) are
	224	+	11 not subject to the Illinois Procurement Code, except for
	225	+	12 Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
	226	+	13 that Code, provided that the Chief Procurement Officer may, in
	227	+	14 writing with justification, waive any certification required
	228	+	15 under Article 50 of the Illinois Procurement Code. The
	229	+	16 provisions of this paragraph (2), other than this sentence,
	230	+	17 are inoperative on and after July 1, 2019.
	231	+	18 (Source: P.A. 102-538, eff. 8-20-21.)
	232	+	19 Section 10. The Illinois State Police Law of the Civil
	233	+	20 Administrative Code of Illinois is amended by changing
	234	+	21 Sections 2605-35, 2605-40, 2605-605, and 2605-615 as follows:
	235	+	22 (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
	236	+	23 Sec. 2605-35. Division of Criminal Investigation.
	237	+	24 (a) The Division of Criminal Investigation shall exercise
	238	+
	239	+
	240	+
	241	+
	242	+
	243	+	HB5495 Enrolled - 7 - LRB103 39013 AWJ 69150 b
	244	+
	245	+
	246	+	HB5495 Enrolled- 8 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 8 - LRB103 39013 AWJ 69150 b
	247	+	HB5495 Enrolled - 8 - LRB103 39013 AWJ 69150 b
	248	+	1 the following functions and those in Section 2605-30:
	249	+	2 (1) Exercise the rights, powers, and duties vested by
	250	+	3 law in the Illinois State Police by the Illinois Horse
	251	+	4 Racing Act of 1975, including those set forth in Section
	252	+	5 2605-215.
	253	+	6 (2) Investigate the origins, activities, personnel,
	254	+	7 and incidents of crime and enforce the criminal laws of
	255	+	8 this State related thereto.
	256	+	9 (3) Enforce all laws regulating the production, sale,
	257	+	10 prescribing, manufacturing, administering, transporting,
	258	+	11 having in possession, dispensing, delivering,
	259	+	12 distributing, or use of controlled substances and
	260	+	13 cannabis.
	261	+	14 (4) Cooperate with the police of cities, villages, and
	262	+	15 incorporated towns and with the police officers of any
	263	+	16 county in enforcing the laws of the State and in making
	264	+	17 arrests and recovering property.
	265	+	18 (5) Apprehend and deliver up any person charged in
	266	+	19 this State or any other state with treason or a felony or
	267	+	20 other crime who has fled from justice and is found in this
	268	+	21 State.
	269	+	22 (6) Investigate recipients and providers under the
	270	+	23 Illinois Public Aid Code and any personnel involved in the
	271	+	24 administration of the Code who are suspected of any
	272	+	25 violation of the Code pertaining to fraud in the
	273	+	26 administration, receipt, or provision of assistance and
	274	+
	275	+
	276	+
	277	+
	278	+
	279	+	HB5495 Enrolled - 8 - LRB103 39013 AWJ 69150 b
	280	+
	281	+
	282	+	HB5495 Enrolled- 9 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 9 - LRB103 39013 AWJ 69150 b
	283	+	HB5495 Enrolled - 9 - LRB103 39013 AWJ 69150 b
	284	+	1 pertaining to any violation of criminal law; and exercise
	285	+	2 the functions required under Section 2605-220 in the
	286	+	3 conduct of those investigations.
	287	+	4 (7) Conduct other investigations as provided by law,
	288	+	5 including, but not limited to, investigations of human
	289	+	6 trafficking, illegal drug trafficking, illegal firearms
	290	+	7 trafficking, and cyber crimes that can be investigated and
	291	+	8 prosecuted in Illinois.
	292	+	9 (8) Investigate public corruption.
	293	+	10 (9) Exercise other duties that may be assigned by the
	294	+	11 Director in order to fulfill the responsibilities and
	295	+	12 achieve the purposes of the Illinois State Police, which
	296	+	13 may include the coordination of gang, terrorist, and
	297	+	14 organized crime prevention, control activities, and
	298	+	15 assisting local law enforcement in their crime control
	299	+	16 activities.
	300	+	17 (10) Conduct investigations (and cooperate with
	301	+	18 federal law enforcement agencies in the investigation) of
	302	+	19 any property-related crimes, such as money laundering,
	303	+	20 involving individuals or entities listed on the sanctions
	304	+	21 list maintained by the U.S. Department of Treasury's
	305	+	22 Office of Foreign Asset Control.
	306	+	23 (11) Oversee Illinois State Police special weapons and
	307	+	24 tactics (SWAT) teams, including law enforcement response
	308	+	25 to weapons of mass destruction.
	309	+	26 (12) Oversee Illinois State Police air operations.
	310	+
	311	+
	312	+
	313	+
	314	+
	315	+	HB5495 Enrolled - 9 - LRB103 39013 AWJ 69150 b
	316	+
	317	+
	318	+	HB5495 Enrolled- 10 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 10 - LRB103 39013 AWJ 69150 b
	319	+	HB5495 Enrolled - 10 - LRB103 39013 AWJ 69150 b
	320	+	1 (13) Investigate criminal domestic terrorism
	321	+	2 incidents, and otherwise deter all criminal threats to
	322	+	3 Illinois.
	323	+	4 (a-5) The Division of Criminal Investigation shall gather
	324	+	5 information, intelligence, and evidence to facilitate the
	325	+	6 identification, apprehension, and prosecution of persons
	326	+	7 responsible for committing crime; to provide specialized
	327	+	8 intelligence and analysis, investigative, tactical, and
	328	+	9 technological services in support of law enforcement
	329	+	10 operations throughout the State of Illinois; and to oversee
	330	+	11 and operate the statewide criminal intelligence fusion center.
	331	+	12 (b) (Blank).
	332	+	13 (b-5) The Division of Criminal Investigation shall
	333	+	14 cooperate and liaise with all federal law enforcement and
	334	+	15 other partners on criminal investigations, intelligence,
	335	+	16 information sharing, and national security planning and
	336	+	17 response.
	337	+	18 (c) The Division of Criminal Investigation shall provide
	338	+	19 statewide coordination and strategy pertaining to
	339	+	20 firearm-related intelligence, firearms trafficking
	340	+	21 interdiction, and investigations reaching across all divisions
	341	+	22 of the Illinois State Police, including providing crime gun
	342	+	23 intelligence support for suspects and firearms involved in
	343	+	24 firearms trafficking or the commission of a crime involving
	344	+	25 firearms that is investigated by the Illinois State Police and
	345	+	26 other federal, State, and local law enforcement agencies, with
	346	+
	347	+
	348	+
	349	+
	350	+
	351	+	HB5495 Enrolled - 10 - LRB103 39013 AWJ 69150 b
	352	+
	353	+
	354	+	HB5495 Enrolled- 11 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 11 - LRB103 39013 AWJ 69150 b
	355	+	HB5495 Enrolled - 11 - LRB103 39013 AWJ 69150 b
	356	+	1 the objective of reducing and preventing illegal possession
	357	+	2 and use of firearms, firearms trafficking, firearm-related
	358	+	3 homicides, and other firearm-related violent crimes in
	359	+	4 Illinois.
	360	+	5 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
	361	+	6 102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23; 103-34, eff.
	362	+	7 1-1-24.)
	363	+	8 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
	364	+	9 Sec. 2605-40. Division of Forensic Services. The Division
	365	+	10 of Forensic Services shall exercise the following functions:
	366	+	11 (1) Provide crime scene services and traffic crash
	367	+	12 reconstruction and examine digital evidence.
	368	+	13 (2) Exercise the rights, powers, and duties vested by
	369	+	14 law in the Illinois State Police by Section 2605-300 of
	370	+	15 this Law.
	371	+	16 (3) Provide assistance to local law enforcement
	372	+	17 agencies through training, management, and consultant
	373	+	18 services.
	374	+	19 (4) (Blank).
	375	+	20 (5) Exercise other duties that may be assigned by the
	376	+	21 Director in order to fulfill the responsibilities and
	377	+	22 achieve the purposes of the Illinois State Police.
	378	+	23 (6) Establish and operate a forensic science
	379	+	24 laboratory system, including a forensic toxicological
	380	+	25 laboratory service, for the purpose of testing specimens
	381	+
	382	+
	383	+
	384	+
	385	+
	386	+	HB5495 Enrolled - 11 - LRB103 39013 AWJ 69150 b
	387	+
	388	+
	389	+	HB5495 Enrolled- 12 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 12 - LRB103 39013 AWJ 69150 b
	390	+	HB5495 Enrolled - 12 - LRB103 39013 AWJ 69150 b
	391	+	1 submitted by coroners and other law enforcement officers
	392	+	2 in their efforts to determine whether alcohol, drugs, or
	393	+	3 poisonous or other toxic substances have been involved in
	394	+	4 deaths, accidents, or illness. Forensic laboratories shall
	395	+	5 be established in Springfield, Chicago, and elsewhere in
	396	+	6 the State as needed.
	397	+	7 (6.5) Establish administrative rules in order to set
	398	+	8 forth standardized requirements for the disclosure of
	399	+	9 toxicology results and other relevant documents related to
	400	+	10 a toxicological analysis. These administrative rules are
	401	+	11 to be adopted to produce uniform and sufficient
	402	+	12 information to allow a proper, well-informed determination
	403	+	13 of the admissibility of toxicology evidence and to ensure
	404	+	14 that this evidence is presented competently. These
	405	+	15 administrative rules are designed to provide a minimum
	406	+	16 standard for compliance of toxicology evidence and are not
	407	+	17 intended to limit the production and discovery of material
	408	+	18 information.
	409	+	19 (7) Subject to specific appropriations made for these
	410	+	20 purposes, establish and coordinate a system for providing
	411	+	21 accurate and expedited forensic science and other
	412	+	22 investigative and laboratory services to local law
	413	+	23 enforcement agencies and local State's Attorneys in aid of
	414	+	24 the investigation and trial of capital cases.
	415	+	25 (8) Exercise the rights, powers, and duties vested by
	416	+	26 law in the Illinois State Police under the Sexual Assault
	417	+
	418	+
	419	+
	420	+
	421	+
	422	+	HB5495 Enrolled - 12 - LRB103 39013 AWJ 69150 b
	423	+
	424	+
	425	+	HB5495 Enrolled- 13 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 13 - LRB103 39013 AWJ 69150 b
	426	+	HB5495 Enrolled - 13 - LRB103 39013 AWJ 69150 b
	427	+	1 Evidence Submission Act.
	428	+	2 (9) Serve as the State central repository for all
	429	+	3 genetic marker grouping analysis information and exercise
	430	+	4 the rights, powers, and duties vested by law in the
	431	+	5 Illinois State Police under Section 5-4-3 of the Unified
	432	+	6 Code of Corrections.
	433	+	7 (10) Issue reports required under Section 5-4-3a of
	434	+	8 the Unified Code of Corrections.
	435	+	9 (11) Oversee the Electronic Laboratory Information
	436	+	10 Management System under Section 5-4-3b of the Unified Code
	437	+	11 of Corrections.
	438	+	12 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
	439	+	13 103-34, eff. 1-1-24.)
	440	+	14 (20 ILCS 2605/2605-605)
	441	+	15 Sec. 2605-605. Violent Crime Intelligence Task Force. The
	442	+	16 Director of the Illinois State Police shall establish a
	443	+	17 statewide multi-jurisdictional Violent Crime Intelligence Task
	444	+	18 Force led by the Illinois State Police dedicated to combating
	445	+	19 gun violence, gun-trafficking, and other violent crime with
	446	+	20 the primary mission of preservation of life and reducing the
	447	+	21 occurrence and the fear of crime. The objectives of the Task
	448	+	22 Force shall include, but not be limited to, reducing and
	449	+	23 preventing illegal possession and use of firearms,
	450	+	24 firearm-related homicides, and other violent crimes, and
	451	+	25 solving firearm-related crimes.
	452	+
	453	+
	454	+
	455	+
	456	+
	457	+	HB5495 Enrolled - 13 - LRB103 39013 AWJ 69150 b
	458	+
	459	+
	460	+	HB5495 Enrolled- 14 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 14 - LRB103 39013 AWJ 69150 b
	461	+	HB5495 Enrolled - 14 - LRB103 39013 AWJ 69150 b
	462	+	1 (1) The Task Force may develop and acquire information,
	463	+	2 training, tools, and resources necessary to implement a
	464	+	3 data-driven approach to policing, with an emphasis on
	465	+	4 intelligence development.
	466	+	5 (2) The Task Force may utilize information sharing,
	467	+	6 partnerships, crime analysis, and evidence-based practices to
	468	+	7 assist in the reduction of firearm-related shootings,
	469	+	8 homicides, and gun-trafficking, including, but not limited to,
	470	+	9 ballistic data, eTrace data, DNA evidence, latent
	471	+	10 fingerprints, firearm training data, and National Integrated
	472	+	11 Ballistic Information Network (NIBIN) data. The Task Force may
	473	+	12 design a model crime gun intelligence strategy which may
	474	+	13 include, but is not limited to, comprehensive collection and
	475	+	14 documentation of all ballistic evidence, timely transfer of
	476	+	15 NIBIN and eTrace leads to an intelligence center, which may
	477	+	16 include the Division of Criminal Investigation of the Illinois
	478	+	17 State Police, timely dissemination of intelligence to
	479	+	18 investigators, investigative follow-up, and coordinated
	480	+	19 prosecution.
	481	+	20 (3) The Task Force may recognize and utilize best
	482	+	21 practices of community policing and may develop potential
	483	+	22 partnerships with faith-based and community organizations to
	484	+	23 achieve its goals.
	485	+	24 (4) The Task Force may identify and utilize best practices
	486	+	25 in drug-diversion programs and other community-based services
	487	+	26 to redirect low-level offenders.
	488	+
	489	+
	490	+
	491	+
	492	+
	493	+	HB5495 Enrolled - 14 - LRB103 39013 AWJ 69150 b
	494	+
	495	+
	496	+	HB5495 Enrolled- 15 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 15 - LRB103 39013 AWJ 69150 b
	497	+	HB5495 Enrolled - 15 - LRB103 39013 AWJ 69150 b
	498	+	1 (5) The Task Force may assist in violence suppression
	499	+	2 strategies including, but not limited to, details in
	500	+	3 identified locations that have shown to be the most prone to
	501	+	4 gun violence and violent crime, focused deterrence against
	502	+	5 violent gangs and groups considered responsible for the
	503	+	6 violence in communities, and other intelligence driven methods
	504	+	7 deemed necessary to interrupt cycles of violence or prevent
	505	+	8 retaliation.
	506	+	9 (6) In consultation with the Chief Procurement Officer,
	507	+	10 the Illinois State Police may obtain contracts for software,
	508	+	11 commodities, resources, and equipment to assist the Task Force
	509	+	12 with achieving this Act. Any contracts necessary to support
	510	+	13 the delivery of necessary software, commodities, resources,
	511	+	14 and equipment are not subject to the Illinois Procurement
	512	+	15 Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and
	513	+	16 Article 50 of that Code, provided that the Chief Procurement
	514	+	17 Officer may, in writing with justification, waive any
	515	+	18 certification required under Article 50 of the Illinois
	516	+	19 Procurement Code.
	517	+	20 (7) The Task Force shall conduct enforcement operations
	518	+	21 against persons whose Firearm Owner's Identification Cards
	519	+	22 have been revoked or suspended and persons who fail to comply
	520	+	23 with the requirements of Section 9.5 of the Firearm Owners
	521	+	24 Identification Card Act, prioritizing individuals presenting a
	522	+	25 clear and present danger to themselves or to others under
	523	+	26 paragraph (2) of subsection (d) of Section 8.1 of the Firearm
	524	+
	525	+
	526	+
	527	+
	528	+
	529	+	HB5495 Enrolled - 15 - LRB103 39013 AWJ 69150 b
	530	+
	531	+
	532	+	HB5495 Enrolled- 16 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 16 - LRB103 39013 AWJ 69150 b
	533	+	HB5495 Enrolled - 16 - LRB103 39013 AWJ 69150 b
	534	+	1 Owners Identification Card Act.
	535	+	2 (8) The Task Force shall collaborate with local law
	536	+	3 enforcement agencies to enforce provisions of the Firearm
	537	+	4 Owners Identification Card Act, the Firearm Concealed Carry
	538	+	5 Act, the Firearm Dealer License Certification Act, and Article
	539	+	6 24 of the Criminal Code of 2012.
	540	+	7 (9) To implement this Section, the Director of the
	541	+	8 Illinois State Police may establish intergovernmental
	542	+	9 agreements with law enforcement agencies in accordance with
	543	+	10 the Intergovernmental Cooperation Act.
	544	+	11 (10) Law enforcement agencies that participate in
	545	+	12 activities described in paragraphs (7) through (9) may apply
	546	+	13 to the Illinois State Police for grants from the State Police
	547	+	14 Firearm Revocation Enforcement Fund.
	548	+	15 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
	549	+	16 102-813, eff. 5-13-22.)
	550	+	17 (20 ILCS 2605/2605-615)
	551	+	18 Sec. 2605-615. Illinois Forensic Science Commission.
	552	+	19 (a) Creation. There is created within the Illinois State
	553	+	20 Police the Illinois Forensic Science Commission.
	554	+	21 (b) Duties and purpose. The Commission shall:
	555	+	22 (1) Provide guidance to ensure the efficient delivery
	556	+	23 of forensic services and the sound practice of forensic
	557	+	24 science.
	558	+	25 (2) Provide a forum for discussions between forensic
	559	+
	560	+
	561	+
	562	+
	563	+
	564	+	HB5495 Enrolled - 16 - LRB103 39013 AWJ 69150 b
	565	+
	566	+
	567	+	HB5495 Enrolled- 17 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 17 - LRB103 39013 AWJ 69150 b
	568	+	HB5495 Enrolled - 17 - LRB103 39013 AWJ 69150 b
	569	+	1 science stakeholders to improve communication and
	570	+	2 coordination and to monitor the important issues impacting
	571	+	3 all stakeholders.
	572	+	4 (3) Take a systems-based approach in reviewing all
	573	+	5 aspects of the delivery of forensic services and the sound
	574	+	6 practice of forensic science with the goal of reducing or
	575	+	7 eliminating the factors and inefficiencies that contribute
	576	+	8 to backlogs and errors, with a focus on education and
	577	+	9 training, funding, hiring, procurement, and other aspects
	578	+	10 identified by the Commission.
	579	+	11 (4) Review significant non-conformities with the sound
	580	+	12 practice of forensic science documented by each publicly
	581	+	13 funded ISO 17025 accredited forensic laboratory and offer
	582	+	14 recommendations for the correction thereof.
	583	+	15 (5) Subject to appropriation, provide educational,
	584	+	16 research, and professional training opportunities for
	585	+	17 practicing forensic scientists, police officers, judges,
	586	+	18 State's Attorneys and Assistant State's Attorneys, Public
	587	+	19 Defenders, and defense attorneys comporting with the sound
	588	+	20 practice of forensic science.
	589	+	21 (6) Collect and analyze information related to the
	590	+	22 impact of current laws, rules, policies, and practices on
	591	+	23 forensic crime laboratories and the practice of forensic
	592	+	24 science; evaluate the impact of those laws, rules,
	593	+	25 policies, and practices on forensic crime laboratories and
	594	+	26 the practice of forensic science; identify new policies
	595	+
	596	+
	597	+
	598	+
	599	+
	600	+	HB5495 Enrolled - 17 - LRB103 39013 AWJ 69150 b
	601	+
	602	+
	603	+	HB5495 Enrolled- 18 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 18 - LRB103 39013 AWJ 69150 b
	604	+	HB5495 Enrolled - 18 - LRB103 39013 AWJ 69150 b
	605	+	1 and approaches, together with changes in science, and
	606	+	2 technology; and make recommendations for changes to those
	607	+	3 laws, rules, policies, and practices that will yield
	608	+	4 better results in the criminal justice system consistent
	609	+	5 with the sound practice of forensic science.
	610	+	6 (7) Perform such other studies or tasks pertaining to
	611	+	7 forensic crime laboratories as may be requested by the
	612	+	8 General Assembly by resolution or the Governor, and
	613	+	9 perform such other functions as may be required by law or
	614	+	10 as are necessary to carry out the purposes and goals of the
	615	+	11 Commission prescribed in this Section.
	616	+	12 (8) Ensure that adequate resources and facilities are
	617	+	13 available for carrying out the changes proposed in
	618	+	14 legislation, rules, or policies and that rational
	619	+	15 priorities are established for the use of those resources.
	620	+	16 To do so, the Commission may prepare statements to the
	621	+	17 Governor and General Assembly identifying the fiscal and
	622	+	18 practical effects of proposed legislation, rules, or
	623	+	19 policy changes. Such statements may include, but are not
	624	+	20 limited to: the impact on present levels of staffing and
	625	+	21 resources; a professional opinion on the practical value
	626	+	22 of the change or changes; the increase or decrease the
	627	+	23 number of crime laboratories; the increase or decrease the
	628	+	24 cost of operating crime laboratories; the impact on
	629	+	25 efficiencies and caseloads; other information, including
	630	+	26 but not limited to, facts, data, research, and science
	631	+
	632	+
	633	+
	634	+
	635	+
	636	+	HB5495 Enrolled - 18 - LRB103 39013 AWJ 69150 b
	637	+
	638	+
	639	+	HB5495 Enrolled- 19 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 19 - LRB103 39013 AWJ 69150 b
	640	+	HB5495 Enrolled - 19 - LRB103 39013 AWJ 69150 b
	641	+	1 relevant to the legislation, rule, or policy; the direct
	642	+	2 or indirect alteration in any process involving or used by
	643	+	3 crime laboratories of such proposed legislation, rules, or
	644	+	4 policy changes; an analysis of the impact, either directly
	645	+	5 or indirectly, on the technology, improvements, or
	646	+	6 practices of forensic analyses for use in criminal
	647	+	7 proceedings; together with the direct or indirect impact
	648	+	8 on headcount, space, equipment, instruments,
	649	+	9 accreditation, the volume of cases for analysis,
	650	+	10 scientific controls, and quality assurance.
	651	+	11 (c) Members. The Commission shall be composed of the
	652	+	12 Director of the Illinois State Police, or his or her designee,
	653	+	13 together with the following members appointed for a term of 4
	654	+	14 years by the Governor with the advice and consent of the
	655	+	15 Senate:
	656	+	16 (1) One crime laboratory director or administrator
	657	+	17 from each publicly funded ISO 17025 accredited forensic
	658	+	18 laboratory system.
	659	+	19 (2) One member with experience in the admission of
	660	+	20 forensic evidence in trials from a statewide association
	661	+	21 representing prosecutors.
	662	+	22 (3) One member with experience in the admission of
	663	+	23 forensic evidence in trials from a statewide association
	664	+	24 representing criminal defense attorneys.
	665	+	25 (4) Three forensic scientists with bench work
	666	+	26 background from various forensic disciplines (e.g., DNA,
	667	+
	668	+
	669	+
	670	+
	671	+
	672	+	HB5495 Enrolled - 19 - LRB103 39013 AWJ 69150 b
	673	+
	674	+
	675	+	HB5495 Enrolled- 20 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 20 - LRB103 39013 AWJ 69150 b
	676	+	HB5495 Enrolled - 20 - LRB103 39013 AWJ 69150 b
	677	+	1 chemistry, pattern evidence, etc.).
	678	+	2 (5) One retired circuit court judge or associate
	679	+	3 circuit court judge with criminal trial experience,
	680	+	4 including experience in the admission of forensic evidence
	681	+	5 in trials.
	682	+	6 (6) One academic specializing in the field of forensic
	683	+	7 sciences.
	684	+	8 (7) One or more community representatives (e.g.,
	685	+	9 victim advocates, innocence project organizations, sexual
	686	+	10 assault examiners, etc.).
	687	+	11 (8) One member who is a medical examiner or coroner.
	688	+	12 The Governor shall designate one of the members of the
	689	+	13 Commission to serve as the chair of the Commission. The
	690	+	14 members of the Commission shall elect from their number such
	691	+	15 other officers as they may determine. Members of the
	692	+	16 Commission shall serve without compensation, but may be
	693	+	17 reimbursed for reasonable expenses incurred in the performance
	694	+	18 of their duties from funds appropriated for that purpose.
	695	+	19 (d) Subcommittees. The Commission may form subcommittees
	696	+	20 to study specific issues identified under paragraph (3) of
	697	+	21 subsection (b), including, but not limited to, subcommittees
	698	+	22 on education and training, procurement, funding and hiring. Ad
	699	+	23 hoc subcommittees may also be convened to address other
	700	+	24 issues. Such subcommittees shall meet as needed to complete
	701	+	25 their work, and shall report their findings back to the
	702	+	26 Commission. Subcommittees shall include members of the
	703	+
	704	+
	705	+
	706	+
	707	+
	708	+	HB5495 Enrolled - 20 - LRB103 39013 AWJ 69150 b
	709	+
	710	+
	711	+	HB5495 Enrolled- 21 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 21 - LRB103 39013 AWJ 69150 b
	712	+	HB5495 Enrolled - 21 - LRB103 39013 AWJ 69150 b
	713	+	1 Commission, and may also include non-members such as forensic
	714	+	2 science stakeholders and subject matter experts.
	715	+	3 (e) Meetings. The Commission shall meet quarterly, at the
	716	+	4 call of the chairperson. Facilities for meeting, whether
	717	+	5 remotely or in person, shall be provided for the Commission by
	718	+	6 the Illinois State Police.
	719	+	7 (f) Reporting by publicly funded ISO 17025 accredited
	720	+	8 forensic laboratories. All State and local publicly funded ISO
	721	+	9 17025 accredited forensic laboratory systems, including, but
	722	+	10 not limited to, the DuPage County Forensic Science Center, the
	723	+	11 Northeastern Illinois Regional Crime Laboratory, and the
	724	+	12 Illinois State Police, shall annually provide to the
	725	+	13 Commission a report summarizing its significant
	726	+	14 non-conformities with the efficient delivery of forensic
	727	+	15 services and the sound practice of forensic science. The
	728	+	16 report will identify: each significant non-conformity or
	729	+	17 deficient method; how the non-conformity or deficient method
	730	+	18 was detected; the nature and extent of the non-conformity or
	731	+	19 deficient method; all corrective actions implemented to
	732	+	20 address the non-conformity or deficient method; and an
	733	+	21 analysis of the effectiveness of the corrective actions taken.
	734	+	22 (g) Definition. As used in this Section, "Commission"
	735	+	23 means the Illinois Forensic Science Commission.
	736	+	24 (Source: P.A. 102-523, eff. 8-20-21; 103-34, eff. 1-1-24.)
	737	+	25 (20 ILCS 2605/2605-378 rep.)
	738	+
	739	+
	740	+
	741	+
	742	+
	743	+	HB5495 Enrolled - 21 - LRB103 39013 AWJ 69150 b
	744	+
	745	+
	746	+	HB5495 Enrolled- 22 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 22 - LRB103 39013 AWJ 69150 b
	747	+	HB5495 Enrolled - 22 - LRB103 39013 AWJ 69150 b
	748	+	1 Section 15. The Illinois State Police Law of the Civil
	749	+	2 Administrative Code of Illinois is amended by repealing
	750	+	3 Section 2605-378.
	751	+	4 Section 20. The Illinois State Police Act is amended by
	752	+	5 changing Section 40.1 as follows:
	753	+	6 (20 ILCS 2610/40.1)
	754	+	7 Sec. 40.1. Mandated training compliance. The Director of
	755	+	8 the Illinois State Police and the Illinois State Police
	756	+	9 Academy shall ensure all Illinois State Police cadets and
	757	+	10 officers comply with all statutory, regulatory, and department
	758	+	11 mandated training. The Illinois State Police Academy shall
	759	+	12 maintain and store training records for Illinois State Police
	760	+	13 officers.
	761	+	14 (Source: P.A. 101-652, eff. 1-1-22.)
	762	+	15 Section 25. The Narcotic Control Division Abolition Act is
	763	+	16 amended by by changing Section 9 as follows:
	764	+	17 (20 ILCS 2620/9) (from Ch. 127, par. 55l)
	765	+	18 Sec. 9. The Director shall make , in an annual report to the
	766	+	19 Governor, report the results obtained in the enforcement of
	767	+	20 this Act available on the Illinois State Police website and
	768	+	21 may make , together with such other information and
	769	+	22 recommendations to the Governor annually as the Director he
	770	+
	771	+
	772	+
	773	+
	774	+
	775	+	HB5495 Enrolled - 22 - LRB103 39013 AWJ 69150 b
	776	+
	777	+
	778	+	HB5495 Enrolled- 23 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 23 - LRB103 39013 AWJ 69150 b
	779	+	HB5495 Enrolled - 23 - LRB103 39013 AWJ 69150 b
	780	+	1 deems proper.
	781	+	2 (Source: P.A. 76-442.)
	782	+	3 Section 30. The Criminal Identification Act is amended by
	783	+	4 changing Section 5.2 as follows:
	784	+	5 (20 ILCS 2630/5.2)
	785	+	6 Sec. 5.2. Expungement, sealing, and immediate sealing.
	786	+	7 (a) General Provisions.
	787	+	8 (1) Definitions. In this Act, words and phrases have
	788	+	9 the meanings set forth in this subsection, except when a
	789	+	10 particular context clearly requires a different meaning.
	790	+	11 (A) The following terms shall have the meanings
	791	+	12 ascribed to them in the following Sections of the
	792	+	13 Unified Code of Corrections:
	793	+	14 Business Offense, Section 5-1-2.
	794	+	15 Charge, Section 5-1-3.
	795	+	16 Court, Section 5-1-6.
	796	+	17 Defendant, Section 5-1-7.
	797	+	18 Felony, Section 5-1-9.
	798	+	19 Imprisonment, Section 5-1-10.
	799	+	20 Judgment, Section 5-1-12.
	800	+	21 Misdemeanor, Section 5-1-14.
	801	+	22 Offense, Section 5-1-15.
	802	+	23 Parole, Section 5-1-16.
	803	+	24 Petty Offense, Section 5-1-17.
	804	+
	805	+
	806	+
	807	+
	808	+
	809	+	HB5495 Enrolled - 23 - LRB103 39013 AWJ 69150 b
	810	+
	811	+
	812	+	HB5495 Enrolled- 24 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 24 - LRB103 39013 AWJ 69150 b
	813	+	HB5495 Enrolled - 24 - LRB103 39013 AWJ 69150 b
	814	+	1 Probation, Section 5-1-18.
	815	+	2 Sentence, Section 5-1-19.
	816	+	3 Supervision, Section 5-1-21.
	817	+	4 Victim, Section 5-1-22.
	818	+	5 (B) As used in this Section, "charge not initiated
	819	+	6 by arrest" means a charge (as defined by Section 5-1-3
	820	+	7 of the Unified Code of Corrections) brought against a
	821	+	8 defendant where the defendant is not arrested prior to
	822	+	9 or as a direct result of the charge.
	823	+	10 (C) "Conviction" means a judgment of conviction or
	824	+	11 sentence entered upon a plea of guilty or upon a
	825	+	12 verdict or finding of guilty of an offense, rendered
	826	+	13 by a legally constituted jury or by a court of
	827	+	14 competent jurisdiction authorized to try the case
	828	+	15 without a jury. An order of supervision successfully
	829	+	16 completed by the petitioner is not a conviction. An
	830	+	17 order of qualified probation (as defined in subsection
	831	+	18 (a)(1)(J)) successfully completed by the petitioner is
	832	+	19 not a conviction. An order of supervision or an order
	833	+	20 of qualified probation that is terminated
	834	+	21 unsatisfactorily is a conviction, unless the
	835	+	22 unsatisfactory termination is reversed, vacated, or
	836	+	23 modified and the judgment of conviction, if any, is
	837	+	24 reversed or vacated.
	838	+	25 (D) "Criminal offense" means a petty offense,
	839	+	26 business offense, misdemeanor, felony, or municipal
	840	+
	841	+
	842	+
	843	+
	844	+
	845	+	HB5495 Enrolled - 24 - LRB103 39013 AWJ 69150 b
	846	+
	847	+
	848	+	HB5495 Enrolled- 25 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 25 - LRB103 39013 AWJ 69150 b
	849	+	HB5495 Enrolled - 25 - LRB103 39013 AWJ 69150 b
	850	+	1 ordinance violation (as defined in subsection
	851	+	2 (a)(1)(H)). As used in this Section, a minor traffic
	852	+	3 offense (as defined in subsection (a)(1)(G)) shall not
	853	+	4 be considered a criminal offense.
	854	+	5 (E) "Expunge" means to physically destroy the
	855	+	6 records or return them to the petitioner and to
	856	+	7 obliterate the petitioner's name from any official
	857	+	8 index or public record, or both. Nothing in this Act
	858	+	9 shall require the physical destruction of the circuit
	859	+	10 court file, but such records relating to arrests or
	860	+	11 charges, or both, ordered expunged shall be impounded
	861	+	12 as required by subsections (d)(9)(A)(ii) and
	862	+	13 (d)(9)(B)(ii).
	863	+	14 (F) As used in this Section, "last sentence" means
	864	+	15 the sentence, order of supervision, or order of
	865	+	16 qualified probation (as defined by subsection
	866	+	17 (a)(1)(J)), for a criminal offense (as defined by
	867	+	18 subsection (a)(1)(D)) that terminates last in time in
	868	+	19 any jurisdiction, regardless of whether the petitioner
	869	+	20 has included the criminal offense for which the
	870	+	21 sentence or order of supervision or qualified
	871	+	22 probation was imposed in his or her petition. If
	872	+	23 multiple sentences, orders of supervision, or orders
	873	+	24 of qualified probation terminate on the same day and
	874	+	25 are last in time, they shall be collectively
	875	+	26 considered the "last sentence" regardless of whether
	876	+
	877	+
	878	+
	879	+
	880	+
	881	+	HB5495 Enrolled - 25 - LRB103 39013 AWJ 69150 b
	882	+
	883	+
	884	+	HB5495 Enrolled- 26 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 26 - LRB103 39013 AWJ 69150 b
	885	+	HB5495 Enrolled - 26 - LRB103 39013 AWJ 69150 b
	886	+	1 they were ordered to run concurrently.
	887	+	2 (G) "Minor traffic offense" means a petty offense,
	888	+	3 business offense, or Class C misdemeanor under the
	889	+	4 Illinois Vehicle Code or a similar provision of a
	890	+	5 municipal or local ordinance.
	891	+	6 (G-5) "Minor Cannabis Offense" means a violation
	892	+	7 of Section 4 or 5 of the Cannabis Control Act
	893	+	8 concerning not more than 30 grams of any substance
	894	+	9 containing cannabis, provided the violation did not
	895	+	10 include a penalty enhancement under Section 7 of the
	896	+	11 Cannabis Control Act and is not associated with an
	897	+	12 arrest, conviction or other disposition for a violent
	898	+	13 crime as defined in subsection (c) of Section 3 of the
	899	+	14 Rights of Crime Victims and Witnesses Act.
	900	+	15 (H) "Municipal ordinance violation" means an
	901	+	16 offense defined by a municipal or local ordinance that
	902	+	17 is criminal in nature and with which the petitioner
	903	+	18 was charged or for which the petitioner was arrested
	904	+	19 and released without charging.
	905	+	20 (I) "Petitioner" means an adult or a minor
	906	+	21 prosecuted as an adult who has applied for relief
	907	+	22 under this Section.
	908	+	23 (J) "Qualified probation" means an order of
	909	+	24 probation under Section 10 of the Cannabis Control
	910	+	25 Act, Section 410 of the Illinois Controlled Substances
	911	+	26 Act, Section 70 of the Methamphetamine Control and
	912	+
	913	+
	914	+
	915	+
	916	+
	917	+	HB5495 Enrolled - 26 - LRB103 39013 AWJ 69150 b
	918	+
	919	+
	920	+	HB5495 Enrolled- 27 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 27 - LRB103 39013 AWJ 69150 b
	921	+	HB5495 Enrolled - 27 - LRB103 39013 AWJ 69150 b
	922	+	1 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
	923	+	2 of the Unified Code of Corrections, Section
	924	+	3 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
	925	+	4 those provisions existed before their deletion by
	926	+	5 Public Act 89-313), Section 10-102 of the Illinois
	927	+	6 Alcoholism and Other Drug Dependency Act, Section
	928	+	7 40-10 of the Substance Use Disorder Act, or Section 10
	929	+	8 of the Steroid Control Act. For the purpose of this
	930	+	9 Section, "successful completion" of an order of
	931	+	10 qualified probation under Section 10-102 of the
	932	+	11 Illinois Alcoholism and Other Drug Dependency Act and
	933	+	12 Section 40-10 of the Substance Use Disorder Act means
	934	+	13 that the probation was terminated satisfactorily and
	935	+	14 the judgment of conviction was vacated.
	936	+	15 (K) "Seal" means to physically and electronically
	937	+	16 maintain the records, unless the records would
	938	+	17 otherwise be destroyed due to age, but to make the
	939	+	18 records unavailable without a court order, subject to
	940	+	19 the exceptions in Sections 12 and 13 of this Act. The
	941	+	20 petitioner's name shall also be obliterated from the
	942	+	21 official index required to be kept by the circuit
	943	+	22 court clerk under Section 16 of the Clerks of Courts
	944	+	23 Act, but any index issued by the circuit court clerk
	945	+	24 before the entry of the order to seal shall not be
	946	+	25 affected.
	947	+	26 (L) "Sexual offense committed against a minor"
	948	+
	949	+
	950	+
	951	+
	952	+
	953	+	HB5495 Enrolled - 27 - LRB103 39013 AWJ 69150 b
	954	+
	955	+
	956	+	HB5495 Enrolled- 28 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 28 - LRB103 39013 AWJ 69150 b
	957	+	HB5495 Enrolled - 28 - LRB103 39013 AWJ 69150 b
	958	+	1 includes, but is not limited to, the offenses of
	959	+	2 indecent solicitation of a child or criminal sexual
	960	+	3 abuse when the victim of such offense is under 18 years
	961	+	4 of age.
	962	+	5 (M) "Terminate" as it relates to a sentence or
	963	+	6 order of supervision or qualified probation includes
	964	+	7 either satisfactory or unsatisfactory termination of
	965	+	8 the sentence, unless otherwise specified in this
	966	+	9 Section. A sentence is terminated notwithstanding any
	967	+	10 outstanding financial legal obligation.
	968	+	11 (2) Minor Traffic Offenses. Orders of supervision or
	969	+	12 convictions for minor traffic offenses shall not affect a
	970	+	13 petitioner's eligibility to expunge or seal records
	971	+	14 pursuant to this Section.
	972	+	15 (2.5) Commencing 180 days after July 29, 2016 (the
	973	+	16 effective date of Public Act 99-697), the law enforcement
	974	+	17 agency issuing the citation shall automatically expunge,
	975	+	18 on or before January 1 and July 1 of each year, the law
	976	+	19 enforcement records of a person found to have committed a
	977	+	20 civil law violation of subsection (a) of Section 4 of the
	978	+	21 Cannabis Control Act or subsection (c) of Section 3.5 of
	979	+	22 the Drug Paraphernalia Control Act in the law enforcement
	980	+	23 agency's possession or control and which contains the
	981	+	24 final satisfactory disposition which pertain to the person
	982	+	25 issued a citation for that offense. The law enforcement
	983	+	26 agency shall provide by rule the process for access,
	984	+
	985	+
	986	+
	987	+
	988	+
	989	+	HB5495 Enrolled - 28 - LRB103 39013 AWJ 69150 b
	990	+
	991	+
	992	+	HB5495 Enrolled- 29 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 29 - LRB103 39013 AWJ 69150 b
	993	+	HB5495 Enrolled - 29 - LRB103 39013 AWJ 69150 b
	994	+	1 review, and to confirm the automatic expungement by the
	995	+	2 law enforcement agency issuing the citation. Commencing
	996	+	3 180 days after July 29, 2016 (the effective date of Public
	997	+	4 Act 99-697), the clerk of the circuit court shall expunge,
	998	+	5 upon order of the court, or in the absence of a court order
	999	+	6 on or before January 1 and July 1 of each year, the court
	1000	+	7 records of a person found in the circuit court to have
	1001	+	8 committed a civil law violation of subsection (a) of
	1002	+	9 Section 4 of the Cannabis Control Act or subsection (c) of
	1003	+	10 Section 3.5 of the Drug Paraphernalia Control Act in the
	1004	+	11 clerk's possession or control and which contains the final
	1005	+	12 satisfactory disposition which pertain to the person
	1006	+	13 issued a citation for any of those offenses.
	1007	+	14 (3) Exclusions. Except as otherwise provided in
	1008	+	15 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
	1009	+	16 of this Section, the court shall not order:
	1010	+	17 (A) the sealing or expungement of the records of
	1011	+	18 arrests or charges not initiated by arrest that result
	1012	+	19 in an order of supervision for or conviction of: (i)
	1013	+	20 any sexual offense committed against a minor; (ii)
	1014	+	21 Section 11-501 of the Illinois Vehicle Code or a
	1015	+	22 similar provision of a local ordinance; or (iii)
	1016	+	23 Section 11-503 of the Illinois Vehicle Code or a
	1017	+	24 similar provision of a local ordinance, unless the
	1018	+	25 arrest or charge is for a misdemeanor violation of
	1019	+	26 subsection (a) of Section 11-503 or a similar
	1020	+
	1021	+
	1022	+
	1023	+
	1024	+
	1025	+	HB5495 Enrolled - 29 - LRB103 39013 AWJ 69150 b
	1026	+
	1027	+
	1028	+	HB5495 Enrolled- 30 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 30 - LRB103 39013 AWJ 69150 b
	1029	+	HB5495 Enrolled - 30 - LRB103 39013 AWJ 69150 b
	1030	+	1 provision of a local ordinance, that occurred prior to
	1031	+	2 the offender reaching the age of 25 years and the
	1032	+	3 offender has no other conviction for violating Section
	1033	+	4 11-501 or 11-503 of the Illinois Vehicle Code or a
	1034	+	5 similar provision of a local ordinance.
	1035	+	6 (B) the sealing or expungement of records of minor
	1036	+	7 traffic offenses (as defined in subsection (a)(1)(G)),
	1037	+	8 unless the petitioner was arrested and released
	1038	+	9 without charging.
	1039	+	10 (C) the sealing of the records of arrests or
	1040	+	11 charges not initiated by arrest which result in an
	1041	+	12 order of supervision or a conviction for the following
	1042	+	13 offenses:
	1043	+	14 (i) offenses included in Article 11 of the
	1044	+	15 Criminal Code of 1961 or the Criminal Code of 2012
	1045	+	16 or a similar provision of a local ordinance,
	1046	+	17 except Section 11-14 and a misdemeanor violation
	1047	+	18 of Section 11-30 of the Criminal Code of 1961 or
	1048	+	19 the Criminal Code of 2012, or a similar provision
	1049	+	20 of a local ordinance;
	1050	+	21 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
	1051	+	22 26-5, or 48-1 of the Criminal Code of 1961 or the
	1052	+	23 Criminal Code of 2012, or a similar provision of a
	1053	+	24 local ordinance;
	1054	+	25 (iii) Section 12-3.1 or 12-3.2 of the Criminal
	1055	+	26 Code of 1961 or the Criminal Code of 2012, or
	1056	+
	1057	+
	1058	+
	1059	+
	1060	+
	1061	+	HB5495 Enrolled - 30 - LRB103 39013 AWJ 69150 b
	1062	+
	1063	+
	1064	+	HB5495 Enrolled- 31 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 31 - LRB103 39013 AWJ 69150 b
	1065	+	HB5495 Enrolled - 31 - LRB103 39013 AWJ 69150 b
	1066	+	1 Section 125 of the Stalking No Contact Order Act,
	1067	+	2 or Section 219 of the Civil No Contact Order Act,
	1068	+	3 or a similar provision of a local ordinance;
	1069	+	4 (iv) Class A misdemeanors or felony offenses
	1070	+	5 under the Humane Care for Animals Act; or
	1071	+	6 (v) any offense or attempted offense that
	1072	+	7 would subject a person to registration under the
	1073	+	8 Sex Offender Registration Act.
	1074	+	9 (D) (blank).
	1075	+	10 (b) Expungement.
	1076	+	11 (1) A petitioner may petition the circuit court to
	1077	+	12 expunge the records of his or her arrests and charges not
	1078	+	13 initiated by arrest when each arrest or charge not
	1079	+	14 initiated by arrest sought to be expunged resulted in: (i)
	1080	+	15 acquittal, dismissal, or the petitioner's release without
	1081	+	16 charging, unless excluded by subsection (a)(3)(B); (ii) a
	1082	+	17 conviction which was vacated or reversed, unless excluded
	1083	+	18 by subsection (a)(3)(B); (iii) an order of supervision and
	1084	+	19 such supervision was successfully completed by the
	1085	+	20 petitioner, unless excluded by subsection (a)(3)(A) or
	1086	+	21 (a)(3)(B); or (iv) an order of qualified probation (as
	1087	+	22 defined in subsection (a)(1)(J)) and such probation was
	1088	+	23 successfully completed by the petitioner.
	1089	+	24 (1.5) When a petitioner seeks to have a record of
	1090	+	25 arrest expunged under this Section, and the offender has
	1091	+	26 been convicted of a criminal offense, the State's Attorney
	1092	+
	1093	+
	1094	+
	1095	+
	1096	+
	1097	+	HB5495 Enrolled - 31 - LRB103 39013 AWJ 69150 b
	1098	+
	1099	+
	1100	+	HB5495 Enrolled- 32 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 32 - LRB103 39013 AWJ 69150 b
	1101	+	HB5495 Enrolled - 32 - LRB103 39013 AWJ 69150 b
	1102	+	1 may object to the expungement on the grounds that the
	1103	+	2 records contain specific relevant information aside from
	1104	+	3 the mere fact of the arrest.
	1105	+	4 (2) Time frame for filing a petition to expunge.
	1106	+	5 (A) When the arrest or charge not initiated by
	1107	+	6 arrest sought to be expunged resulted in an acquittal,
	1108	+	7 dismissal, the petitioner's release without charging,
	1109	+	8 or the reversal or vacation of a conviction, there is
	1110	+	9 no waiting period to petition for the expungement of
	1111	+	10 such records.
	1112	+	11 (B) When the arrest or charge not initiated by
	1113	+	12 arrest sought to be expunged resulted in an order of
	1114	+	13 supervision, successfully completed by the petitioner,
	1115	+	14 the following time frames will apply:
	1116	+	15 (i) Those arrests or charges that resulted in
	1117	+	16 orders of supervision under Section 3-707, 3-708,
	1118	+	17 3-710, or 5-401.3 of the Illinois Vehicle Code or
	1119	+	18 a similar provision of a local ordinance, or under
	1120	+	19 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
	1121	+	20 Code of 1961 or the Criminal Code of 2012, or a
	1122	+	21 similar provision of a local ordinance, shall not
	1123	+	22 be eligible for expungement until 5 years have
	1124	+	23 passed following the satisfactory termination of
	1125	+	24 the supervision.
	1126	+	25 (i-5) Those arrests or charges that resulted
	1127	+	26 in orders of supervision for a misdemeanor
	1128	+
	1129	+
	1130	+
	1131	+
	1132	+
	1133	+	HB5495 Enrolled - 32 - LRB103 39013 AWJ 69150 b
	1134	+
	1135	+
	1136	+	HB5495 Enrolled- 33 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 33 - LRB103 39013 AWJ 69150 b
	1137	+	HB5495 Enrolled - 33 - LRB103 39013 AWJ 69150 b
	1138	+	1 violation of subsection (a) of Section 11-503 of
	1139	+	2 the Illinois Vehicle Code or a similar provision
	1140	+	3 of a local ordinance, that occurred prior to the
	1141	+	4 offender reaching the age of 25 years and the
	1142	+	5 offender has no other conviction for violating
	1143	+	6 Section 11-501 or 11-503 of the Illinois Vehicle
	1144	+	7 Code or a similar provision of a local ordinance
	1145	+	8 shall not be eligible for expungement until the
	1146	+	9 petitioner has reached the age of 25 years.
	1147	+	10 (ii) Those arrests or charges that resulted in
	1148	+	11 orders of supervision for any other offenses shall
	1149	+	12 not be eligible for expungement until 2 years have
	1150	+	13 passed following the satisfactory termination of
	1151	+	14 the supervision.
	1152	+	15 (C) When the arrest or charge not initiated by
	1153	+	16 arrest sought to be expunged resulted in an order of
	1154	+	17 qualified probation, successfully completed by the
	1155	+	18 petitioner, such records shall not be eligible for
	1156	+	19 expungement until 5 years have passed following the
	1157	+	20 satisfactory termination of the probation.
	1158	+	21 (3) Those records maintained by the Illinois State
	1159	+	22 Police for persons arrested prior to their 17th birthday
	1160	+	23 shall be expunged as provided in Section 5-915 of the
	1161	+	24 Juvenile Court Act of 1987.
	1162	+	25 (4) Whenever a person has been arrested for or
	1163	+	26 convicted of any offense, in the name of a person whose
	1164	+
	1165	+
	1166	+
	1167	+
	1168	+
	1169	+	HB5495 Enrolled - 33 - LRB103 39013 AWJ 69150 b
	1170	+
	1171	+
	1172	+	HB5495 Enrolled- 34 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 34 - LRB103 39013 AWJ 69150 b
	1173	+	HB5495 Enrolled - 34 - LRB103 39013 AWJ 69150 b
	1174	+	1 identity he or she has stolen or otherwise come into
	1175	+	2 possession of, the aggrieved person from whom the identity
	1176	+	3 was stolen or otherwise obtained without authorization,
	1177	+	4 upon learning of the person having been arrested using his
	1178	+	5 or her identity, may, upon verified petition to the chief
	1179	+	6 judge of the circuit wherein the arrest was made, have a
	1180	+	7 court order entered nunc pro tunc by the Chief Judge to
	1181	+	8 correct the arrest record, conviction record, if any, and
	1182	+	9 all official records of the arresting authority, the
	1183	+	10 Illinois State Police, other criminal justice agencies,
	1184	+	11 the prosecutor, and the trial court concerning such
	1185	+	12 arrest, if any, by removing his or her name from all such
	1186	+	13 records in connection with the arrest and conviction, if
	1187	+	14 any, and by inserting in the records the name of the
	1188	+	15 offender, if known or ascertainable, in lieu of the
	1189	+	16 aggrieved's name. The records of the circuit court clerk
	1190	+	17 shall be sealed until further order of the court upon good
	1191	+	18 cause shown and the name of the aggrieved person
	1192	+	19 obliterated on the official index required to be kept by
	1193	+	20 the circuit court clerk under Section 16 of the Clerks of
	1194	+	21 Courts Act, but the order shall not affect any index
	1195	+	22 issued by the circuit court clerk before the entry of the
	1196	+	23 order. Nothing in this Section shall limit the Illinois
	1197	+	24 State Police or other criminal justice agencies or
	1198	+	25 prosecutors from listing under an offender's name the
	1199	+	26 false names he or she has used.
	1200	+
	1201	+
	1202	+
	1203	+
	1204	+
	1205	+	HB5495 Enrolled - 34 - LRB103 39013 AWJ 69150 b
	1206	+
	1207	+
	1208	+	HB5495 Enrolled- 35 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 35 - LRB103 39013 AWJ 69150 b
	1209	+	HB5495 Enrolled - 35 - LRB103 39013 AWJ 69150 b
	1210	+	1 (5) Whenever a person has been convicted of criminal
	1211	+	2 sexual assault, aggravated criminal sexual assault,
	1212	+	3 predatory criminal sexual assault of a child, criminal
	1213	+	4 sexual abuse, or aggravated criminal sexual abuse, the
	1214	+	5 victim of that offense may request that the State's
	1215	+	6 Attorney of the county in which the conviction occurred
	1216	+	7 file a verified petition with the presiding trial judge at
	1217	+	8 the petitioner's trial to have a court order entered to
	1218	+	9 seal the records of the circuit court clerk in connection
	1219	+	10 with the proceedings of the trial court concerning that
	1220	+	11 offense. However, the records of the arresting authority
	1221	+	12 and the Illinois State Police concerning the offense shall
	1222	+	13 not be sealed. The court, upon good cause shown, shall
	1223	+	14 make the records of the circuit court clerk in connection
	1224	+	15 with the proceedings of the trial court concerning the
	1225	+	16 offense available for public inspection.
	1226	+	17 (6) If a conviction has been set aside on direct
	1227	+	18 review or on collateral attack and the court determines by
	1228	+	19 clear and convincing evidence that the petitioner was
	1229	+	20 factually innocent of the charge, the court that finds the
	1230	+	21 petitioner factually innocent of the charge shall enter an
	1231	+	22 expungement order for the conviction for which the
	1232	+	23 petitioner has been determined to be innocent as provided
	1233	+	24 in subsection (b) of Section 5-5-4 of the Unified Code of
	1234	+	25 Corrections.
	1235	+	26 (7) Nothing in this Section shall prevent the Illinois
	1236	+
	1237	+
	1238	+
	1239	+
	1240	+
	1241	+	HB5495 Enrolled - 35 - LRB103 39013 AWJ 69150 b
	1242	+
	1243	+
	1244	+	HB5495 Enrolled- 36 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 36 - LRB103 39013 AWJ 69150 b
	1245	+	HB5495 Enrolled - 36 - LRB103 39013 AWJ 69150 b
	1246	+	1 State Police from maintaining all records of any person
	1247	+	2 who is admitted to probation upon terms and conditions and
	1248	+	3 who fulfills those terms and conditions pursuant to
	1249	+	4 Section 10 of the Cannabis Control Act, Section 410 of the
	1250	+	5 Illinois Controlled Substances Act, Section 70 of the
	1251	+	6 Methamphetamine Control and Community Protection Act,
	1252	+	7 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
	1253	+	8 Corrections, Section 12-4.3 or subdivision (b)(1) of
	1254	+	9 Section 12-3.05 of the Criminal Code of 1961 or the
	1255	+	10 Criminal Code of 2012, Section 10-102 of the Illinois
	1256	+	11 Alcoholism and Other Drug Dependency Act, Section 40-10 of
	1257	+	12 the Substance Use Disorder Act, or Section 10 of the
	1258	+	13 Steroid Control Act.
	1259	+	14 (8) If the petitioner has been granted a certificate
	1260	+	15 of innocence under Section 2-702 of the Code of Civil
	1261	+	16 Procedure, the court that grants the certificate of
	1262	+	17 innocence shall also enter an order expunging the
	1263	+	18 conviction for which the petitioner has been determined to
	1264	+	19 be innocent as provided in subsection (h) of Section 2-702
	1265	+	20 of the Code of Civil Procedure.
	1266	+	21 (c) Sealing.
	1267	+	22 (1) Applicability. Notwithstanding any other provision
	1268	+	23 of this Act to the contrary, and cumulative with any
	1269	+	24 rights to expungement of criminal records, this subsection
	1270	+	25 authorizes the sealing of criminal records of adults and
	1271	+	26 of minors prosecuted as adults. Subsection (g) of this
	1272	+
	1273	+
	1274	+
	1275	+
	1276	+
	1277	+	HB5495 Enrolled - 36 - LRB103 39013 AWJ 69150 b
	1278	+
	1279	+
	1280	+	HB5495 Enrolled- 37 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 37 - LRB103 39013 AWJ 69150 b
	1281	+	HB5495 Enrolled - 37 - LRB103 39013 AWJ 69150 b
	1282	+	1 Section provides for immediate sealing of certain records.
	1283	+	2 (2) Eligible Records. The following records may be
	1284	+	3 sealed:
	1285	+	4 (A) All arrests resulting in release without
	1286	+	5 charging;
	1287	+	6 (B) Arrests or charges not initiated by arrest
	1288	+	7 resulting in acquittal, dismissal, or conviction when
	1289	+	8 the conviction was reversed or vacated, except as
	1290	+	9 excluded by subsection (a)(3)(B);
	1291	+	10 (C) Arrests or charges not initiated by arrest
	1292	+	11 resulting in orders of supervision, including orders
	1293	+	12 of supervision for municipal ordinance violations,
	1294	+	13 successfully completed by the petitioner, unless
	1295	+	14 excluded by subsection (a)(3);
	1296	+	15 (D) Arrests or charges not initiated by arrest
	1297	+	16 resulting in convictions, including convictions on
	1298	+	17 municipal ordinance violations, unless excluded by
	1299	+	18 subsection (a)(3);
	1300	+	19 (E) Arrests or charges not initiated by arrest
	1301	+	20 resulting in orders of first offender probation under
	1302	+	21 Section 10 of the Cannabis Control Act, Section 410 of
	1303	+	22 the Illinois Controlled Substances Act, Section 70 of
	1304	+	23 the Methamphetamine Control and Community Protection
	1305	+	24 Act, or Section 5-6-3.3 of the Unified Code of
	1306	+	25 Corrections; and
	1307	+	26 (F) Arrests or charges not initiated by arrest
	1308	+
	1309	+
	1310	+
	1311	+
	1312	+
	1313	+	HB5495 Enrolled - 37 - LRB103 39013 AWJ 69150 b
	1314	+
	1315	+
	1316	+	HB5495 Enrolled- 38 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 38 - LRB103 39013 AWJ 69150 b
	1317	+	HB5495 Enrolled - 38 - LRB103 39013 AWJ 69150 b
	1318	+	1 resulting in felony convictions unless otherwise
	1319	+	2 excluded by subsection (a) paragraph (3) of this
	1320	+	3 Section.
	1321	+	4 (3) When Records Are Eligible to Be Sealed. Records
	1322	+	5 identified as eligible under subsection (c)(2) may be
	1323	+	6 sealed as follows:
	1324	+	7 (A) Records identified as eligible under
	1325	+	8 subsections (c)(2)(A) and (c)(2)(B) may be sealed at
	1326	+	9 any time.
	1327	+	10 (B) Except as otherwise provided in subparagraph
	1328	+	11 (E) of this paragraph (3), records identified as
	1329	+	12 eligible under subsection (c)(2)(C) may be sealed 2
	1330	+	13 years after the termination of petitioner's last
	1331	+	14 sentence (as defined in subsection (a)(1)(F)).
	1332	+	15 (C) Except as otherwise provided in subparagraph
	1333	+	16 (E) of this paragraph (3), records identified as
	1334	+	17 eligible under subsections (c)(2)(D), (c)(2)(E), and
	1335	+	18 (c)(2)(F) may be sealed 3 years after the termination
	1336	+	19 of the petitioner's last sentence (as defined in
	1337	+	20 subsection (a)(1)(F)). Convictions requiring public
	1338	+	21 registration under the Arsonist Registry Act Arsonist
	1339	+	22 Registration Act, the Sex Offender Registration Act,
	1340	+	23 or the Murderer and Violent Offender Against Youth
	1341	+	24 Registration Act may not be sealed until the
	1342	+	25 petitioner is no longer required to register under
	1343	+	26 that relevant Act.
	1344	+
	1345	+
	1346	+
	1347	+
	1348	+
	1349	+	HB5495 Enrolled - 38 - LRB103 39013 AWJ 69150 b
	1350	+
	1351	+
	1352	+	HB5495 Enrolled- 39 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 39 - LRB103 39013 AWJ 69150 b
	1353	+	HB5495 Enrolled - 39 - LRB103 39013 AWJ 69150 b
	1354	+	1 (D) Records identified in subsection
	1355	+	2 (a)(3)(A)(iii) may be sealed after the petitioner has
	1356	+	3 reached the age of 25 years.
	1357	+	4 (E) Records identified as eligible under
	1358	+	5 subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
	1359	+	6 (c)(2)(F) may be sealed upon termination of the
	1360	+	7 petitioner's last sentence if the petitioner earned a
	1361	+	8 high school diploma, associate's degree, career
	1362	+	9 certificate, vocational technical certification, or
	1363	+	10 bachelor's degree, or passed the high school level
	1364	+	11 Test of General Educational Development, during the
	1365	+	12 period of his or her sentence or mandatory supervised
	1366	+	13 release. This subparagraph shall apply only to a
	1367	+	14 petitioner who has not completed the same educational
	1368	+	15 goal prior to the period of his or her sentence or
	1369	+	16 mandatory supervised release. If a petition for
	1370	+	17 sealing eligible records filed under this subparagraph
	1371	+	18 is denied by the court, the time periods under
	1372	+	19 subparagraph (B) or (C) shall apply to any subsequent
	1373	+	20 petition for sealing filed by the petitioner.
	1374	+	21 (4) Subsequent felony convictions. A person may not
	1375	+	22 have subsequent felony conviction records sealed as
	1376	+	23 provided in this subsection (c) if he or she is convicted
	1377	+	24 of any felony offense after the date of the sealing of
	1378	+	25 prior felony convictions as provided in this subsection
	1379	+	26 (c). The court may, upon conviction for a subsequent
	1380	+
	1381	+
	1382	+
	1383	+
	1384	+
	1385	+	HB5495 Enrolled - 39 - LRB103 39013 AWJ 69150 b
	1386	+
	1387	+
	1388	+	HB5495 Enrolled- 40 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 40 - LRB103 39013 AWJ 69150 b
	1389	+	HB5495 Enrolled - 40 - LRB103 39013 AWJ 69150 b
	1390	+	1 felony offense, order the unsealing of prior felony
	1391	+	2 conviction records previously ordered sealed by the court.
	1392	+	3 (5) Notice of eligibility for sealing. Upon entry of a
	1393	+	4 disposition for an eligible record under this subsection
	1394	+	5 (c), the petitioner shall be informed by the court of the
	1395	+	6 right to have the records sealed and the procedures for
	1396	+	7 the sealing of the records.
	1397	+	8 (d) Procedure. The following procedures apply to
	1398	+	9 expungement under subsections (b), (e), and (e-6) and sealing
	1399	+	10 under subsections (c) and (e-5):
	1400	+	11 (1) Filing the petition. Upon becoming eligible to
	1401	+	12 petition for the expungement or sealing of records under
	1402	+	13 this Section, the petitioner shall file a petition
	1403	+	14 requesting the expungement or sealing of records with the
	1404	+	15 clerk of the court where the arrests occurred or the
	1405	+	16 charges were brought, or both. If arrests occurred or
	1406	+	17 charges were brought in multiple jurisdictions, a petition
	1407	+	18 must be filed in each such jurisdiction. The petitioner
	1408	+	19 shall pay the applicable fee, except no fee shall be
	1409	+	20 required if the petitioner has obtained a court order
	1410	+	21 waiving fees under Supreme Court Rule 298 or it is
	1411	+	22 otherwise waived.
	1412	+	23 (1.5) County fee waiver pilot program. From August 9,
	1413	+	24 2019 (the effective date of Public Act 101-306) through
	1414	+	25 December 31, 2020, in a county of 3,000,000 or more
	1415	+	26 inhabitants, no fee shall be required to be paid by a
	1416	+
	1417	+
	1418	+
	1419	+
	1420	+
	1421	+	HB5495 Enrolled - 40 - LRB103 39013 AWJ 69150 b
	1422	+
	1423	+
	1424	+	HB5495 Enrolled- 41 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 41 - LRB103 39013 AWJ 69150 b
	1425	+	HB5495 Enrolled - 41 - LRB103 39013 AWJ 69150 b
	1426	+	1 petitioner if the records sought to be expunged or sealed
	1427	+	2 were arrests resulting in release without charging or
	1428	+	3 arrests or charges not initiated by arrest resulting in
	1429	+	4 acquittal, dismissal, or conviction when the conviction
	1430	+	5 was reversed or vacated, unless excluded by subsection
	1431	+	6 (a)(3)(B). The provisions of this paragraph (1.5), other
	1432	+	7 than this sentence, are inoperative on and after January
	1433	+	8 1, 2022.
	1434	+	9 (2) Contents of petition. The petition shall be
	1435	+	10 verified and shall contain the petitioner's name, date of
	1436	+	11 birth, current address and, for each arrest or charge not
	1437	+	12 initiated by arrest sought to be sealed or expunged, the
	1438	+	13 case number, the date of arrest (if any), the identity of
	1439	+	14 the arresting authority, and such other information as the
	1440	+	15 court may require. During the pendency of the proceeding,
	1441	+	16 the petitioner shall promptly notify the circuit court
	1442	+	17 clerk of any change of his or her address. If the
	1443	+	18 petitioner has received a certificate of eligibility for
	1444	+	19 sealing from the Prisoner Review Board under paragraph
	1445	+	20 (10) of subsection (a) of Section 3-3-2 of the Unified
	1446	+	21 Code of Corrections, the certificate shall be attached to
	1447	+	22 the petition.
	1448	+	23 (3) Drug test. The petitioner must attach to the
	1449	+	24 petition proof that the petitioner has taken within 30
	1450	+	25 days before the filing of the petition a test showing the
	1451	+	26 absence within his or her body of all illegal substances
	1452	+
	1453	+
	1454	+
	1455	+
	1456	+
	1457	+	HB5495 Enrolled - 41 - LRB103 39013 AWJ 69150 b
	1458	+
	1459	+
	1460	+	HB5495 Enrolled- 42 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 42 - LRB103 39013 AWJ 69150 b
	1461	+	HB5495 Enrolled - 42 - LRB103 39013 AWJ 69150 b
	1462	+	1 as defined by the Illinois Controlled Substances Act and
	1463	+	2 the Methamphetamine Control and Community Protection Act
	1464	+	3 if he or she is petitioning to:
	1465	+	4 (A) seal felony records under clause (c)(2)(E);
	1466	+	5 (B) seal felony records for a violation of the
	1467	+	6 Illinois Controlled Substances Act, the
	1468	+	7 Methamphetamine Control and Community Protection Act,
	1469	+	8 or the Cannabis Control Act under clause (c)(2)(F);
	1470	+	9 (C) seal felony records under subsection (e-5); or
	1471	+	10 (D) expunge felony records of a qualified
	1472	+	11 probation under clause (b)(1)(iv).
	1473	+	12 (4) Service of petition. The circuit court clerk shall
	1474	+	13 promptly serve a copy of the petition and documentation to
	1475	+	14 support the petition under subsection (e-5) or (e-6) on
	1476	+	15 the State's Attorney or prosecutor charged with the duty
	1477	+	16 of prosecuting the offense, the Illinois State Police, the
	1478	+	17 arresting agency and the chief legal officer of the unit
	1479	+	18 of local government effecting the arrest.
	1480	+	19 (5) Objections.
	1481	+	20 (A) Any party entitled to notice of the petition
	1482	+	21 may file an objection to the petition. All objections
	1483	+	22 shall be in writing, shall be filed with the circuit
	1484	+	23 court clerk, and shall state with specificity the
	1485	+	24 basis of the objection. Whenever a person who has been
	1486	+	25 convicted of an offense is granted a pardon by the
	1487	+	26 Governor which specifically authorizes expungement, an
	1488	+
	1489	+
	1490	+
	1491	+
	1492	+
	1493	+	HB5495 Enrolled - 42 - LRB103 39013 AWJ 69150 b
	1494	+
	1495	+
	1496	+	HB5495 Enrolled- 43 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 43 - LRB103 39013 AWJ 69150 b
	1497	+	HB5495 Enrolled - 43 - LRB103 39013 AWJ 69150 b
	1498	+	1 objection to the petition may not be filed.
	1499	+	2 (B) Objections to a petition to expunge or seal
	1500	+	3 must be filed within 60 days of the date of service of
	1501	+	4 the petition.
	1502	+	5 (6) Entry of order.
	1503	+	6 (A) The Chief Judge of the circuit wherein the
	1504	+	7 charge was brought, any judge of that circuit
	1505	+	8 designated by the Chief Judge, or in counties of less
	1506	+	9 than 3,000,000 inhabitants, the presiding trial judge
	1507	+	10 at the petitioner's trial, if any, shall rule on the
	1508	+	11 petition to expunge or seal as set forth in this
	1509	+	12 subsection (d)(6).
	1510	+	13 (B) Unless the State's Attorney or prosecutor, the
	1511	+	14 Illinois State Police, the arresting agency, or the
	1512	+	15 chief legal officer files an objection to the petition
	1513	+	16 to expunge or seal within 60 days from the date of
	1514	+	17 service of the petition, the court shall enter an
	1515	+	18 order granting or denying the petition.
	1516	+	19 (C) Notwithstanding any other provision of law,
	1517	+	20 the court shall not deny a petition for sealing under
	1518	+	21 this Section because the petitioner has not satisfied
	1519	+	22 an outstanding legal financial obligation established,
	1520	+	23 imposed, or originated by a court, law enforcement
	1521	+	24 agency, or a municipal, State, county, or other unit
	1522	+	25 of local government, including, but not limited to,
	1523	+	26 any cost, assessment, fine, or fee. An outstanding
	1524	+
	1525	+
	1526	+
	1527	+
	1528	+
	1529	+	HB5495 Enrolled - 43 - LRB103 39013 AWJ 69150 b
	1530	+
	1531	+
	1532	+	HB5495 Enrolled- 44 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 44 - LRB103 39013 AWJ 69150 b
	1533	+	HB5495 Enrolled - 44 - LRB103 39013 AWJ 69150 b
	1534	+	1 legal financial obligation does not include any court
	1535	+	2 ordered restitution to a victim under Section 5-5-6 of
	1536	+	3 the Unified Code of Corrections, unless the
	1537	+	4 restitution has been converted to a civil judgment.
	1538	+	5 Nothing in this subparagraph (C) waives, rescinds, or
	1539	+	6 abrogates a legal financial obligation or otherwise
	1540	+	7 eliminates or affects the right of the holder of any
	1541	+	8 financial obligation to pursue collection under
	1542	+	9 applicable federal, State, or local law.
	1543	+	10 (D) Notwithstanding any other provision of law,
	1544	+	11 the court shall not deny a petition to expunge or seal
	1545	+	12 under this Section because the petitioner has
	1546	+	13 submitted a drug test taken within 30 days before the
	1547	+	14 filing of the petition to expunge or seal that
	1548	+	15 indicates a positive test for the presence of cannabis
	1549	+	16 within the petitioner's body. In this subparagraph
	1550	+	17 (D), "cannabis" has the meaning ascribed to it in
	1551	+	18 Section 3 of the Cannabis Control Act.
	1552	+	19 (7) Hearings. If an objection is filed, the court
	1553	+	20 shall set a date for a hearing and notify the petitioner
	1554	+	21 and all parties entitled to notice of the petition of the
	1555	+	22 hearing date at least 30 days prior to the hearing. Prior
	1556	+	23 to the hearing, the State's Attorney shall consult with
	1557	+	24 the Illinois State Police as to the appropriateness of the
	1558	+	25 relief sought in the petition to expunge or seal. At the
	1559	+	26 hearing, the court shall hear evidence on whether the
	1560	+
	1561	+
	1562	+
	1563	+
	1564	+
	1565	+	HB5495 Enrolled - 44 - LRB103 39013 AWJ 69150 b
	1566	+
	1567	+
	1568	+	HB5495 Enrolled- 45 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 45 - LRB103 39013 AWJ 69150 b
	1569	+	HB5495 Enrolled - 45 - LRB103 39013 AWJ 69150 b
	1570	+	1 petition should or should not be granted, and shall grant
	1571	+	2 or deny the petition to expunge or seal the records based
	1572	+	3 on the evidence presented at the hearing. The court may
	1573	+	4 consider the following:
	1574	+	5 (A) the strength of the evidence supporting the
	1575	+	6 defendant's conviction;
	1576	+	7 (B) the reasons for retention of the conviction
	1577	+	8 records by the State;
	1578	+	9 (C) the petitioner's age, criminal record history,
	1579	+	10 and employment history;
	1580	+	11 (D) the period of time between the petitioner's
	1581	+	12 arrest on the charge resulting in the conviction and
	1582	+	13 the filing of the petition under this Section; and
	1583	+	14 (E) the specific adverse consequences the
	1584	+	15 petitioner may be subject to if the petition is
	1585	+	16 denied.
	1586	+	17 (8) Service of order. After entering an order to
	1587	+	18 expunge or seal records, the court must provide copies of
	1588	+	19 the order to the Illinois State Police, in a form and
	1589	+	20 manner prescribed by the Illinois State Police, to the
	1590	+	21 petitioner, to the State's Attorney or prosecutor charged
	1591	+	22 with the duty of prosecuting the offense, to the arresting
	1592	+	23 agency, to the chief legal officer of the unit of local
	1593	+	24 government effecting the arrest, and to such other
	1594	+	25 criminal justice agencies as may be ordered by the court.
	1595	+	26 (9) Implementation of order.
	1596	+
	1597	+
	1598	+
	1599	+
	1600	+
	1601	+	HB5495 Enrolled - 45 - LRB103 39013 AWJ 69150 b
	1602	+
	1603	+
	1604	+	HB5495 Enrolled- 46 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 46 - LRB103 39013 AWJ 69150 b
	1605	+	HB5495 Enrolled - 46 - LRB103 39013 AWJ 69150 b
	1606	+	1 (A) Upon entry of an order to expunge records
	1607	+	2 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
	1608	+	3 both:
	1609	+	4 (i) the records shall be expunged (as defined
	1610	+	5 in subsection (a)(1)(E)) by the arresting agency,
	1611	+	6 the Illinois State Police, and any other agency as
	1612	+	7 ordered by the court, within 60 days of the date of
	1613	+	8 service of the order, unless a motion to vacate,
	1614	+	9 modify, or reconsider the order is filed pursuant
	1615	+	10 to paragraph (12) of subsection (d) of this
	1616	+	11 Section;
	1617	+	12 (ii) the records of the circuit court clerk
	1618	+	13 shall be impounded until further order of the
	1619	+	14 court upon good cause shown and the name of the
	1620	+	15 petitioner obliterated on the official index
	1621	+	16 required to be kept by the circuit court clerk
	1622	+	17 under Section 16 of the Clerks of Courts Act, but
	1623	+	18 the order shall not affect any index issued by the
	1624	+	19 circuit court clerk before the entry of the order;
	1625	+	20 and
	1626	+	21 (iii) in response to an inquiry for expunged
	1627	+	22 records, the court, the Illinois State Police, or
	1628	+	23 the agency receiving such inquiry, shall reply as
	1629	+	24 it does in response to inquiries when no records
	1630	+	25 ever existed.
	1631	+	26 (B) Upon entry of an order to expunge records
	1632	+
	1633	+
	1634	+
	1635	+
	1636	+
	1637	+	HB5495 Enrolled - 46 - LRB103 39013 AWJ 69150 b
	1638	+
	1639	+
	1640	+	HB5495 Enrolled- 47 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 47 - LRB103 39013 AWJ 69150 b
	1641	+	HB5495 Enrolled - 47 - LRB103 39013 AWJ 69150 b
	1642	+	1 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
	1643	+	2 both:
	1644	+	3 (i) the records shall be expunged (as defined
	1645	+	4 in subsection (a)(1)(E)) by the arresting agency
	1646	+	5 and any other agency as ordered by the court,
	1647	+	6 within 60 days of the date of service of the order,
	1648	+	7 unless a motion to vacate, modify, or reconsider
	1649	+	8 the order is filed pursuant to paragraph (12) of
	1650	+	9 subsection (d) of this Section;
	1651	+	10 (ii) the records of the circuit court clerk
	1652	+	11 shall be impounded until further order of the
	1653	+	12 court upon good cause shown and the name of the
	1654	+	13 petitioner obliterated on the official index
	1655	+	14 required to be kept by the circuit court clerk
	1656	+	15 under Section 16 of the Clerks of Courts Act, but
	1657	+	16 the order shall not affect any index issued by the
	1658	+	17 circuit court clerk before the entry of the order;
	1659	+	18 (iii) the records shall be impounded by the
	1660	+	19 Illinois State Police within 60 days of the date
	1661	+	20 of service of the order as ordered by the court,
	1662	+	21 unless a motion to vacate, modify, or reconsider
	1663	+	22 the order is filed pursuant to paragraph (12) of
	1664	+	23 subsection (d) of this Section;
	1665	+	24 (iv) records impounded by the Illinois State
	1666	+	25 Police may be disseminated by the Illinois State
	1667	+	26 Police only as required by law or to the arresting
	1668	+
	1669	+
	1670	+
	1671	+
	1672	+
	1673	+	HB5495 Enrolled - 47 - LRB103 39013 AWJ 69150 b
	1674	+
	1675	+
	1676	+	HB5495 Enrolled- 48 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 48 - LRB103 39013 AWJ 69150 b
	1677	+	HB5495 Enrolled - 48 - LRB103 39013 AWJ 69150 b
	1678	+	1 authority, the State's Attorney, and the court
	1679	+	2 upon a later arrest for the same or a similar
	1680	+	3 offense or for the purpose of sentencing for any
	1681	+	4 subsequent felony, and to the Department of
	1682	+	5 Corrections upon conviction for any offense; and
	1683	+	6 (v) in response to an inquiry for such records
	1684	+	7 from anyone not authorized by law to access such
	1685	+	8 records, the court, the Illinois State Police, or
	1686	+	9 the agency receiving such inquiry shall reply as
	1687	+	10 it does in response to inquiries when no records
	1688	+	11 ever existed.
	1689	+	12 (B-5) Upon entry of an order to expunge records
	1690	+	13 under subsection (e-6):
	1691	+	14 (i) the records shall be expunged (as defined
	1692	+	15 in subsection (a)(1)(E)) by the arresting agency
	1693	+	16 and any other agency as ordered by the court,
	1694	+	17 within 60 days of the date of service of the order,
	1695	+	18 unless a motion to vacate, modify, or reconsider
	1696	+	19 the order is filed under paragraph (12) of
	1697	+	20 subsection (d) of this Section;
	1698	+	21 (ii) the records of the circuit court clerk
	1699	+	22 shall be impounded until further order of the
	1700	+	23 court upon good cause shown and the name of the
	1701	+	24 petitioner obliterated on the official index
	1702	+	25 required to be kept by the circuit court clerk
	1703	+	26 under Section 16 of the Clerks of Courts Act, but
	1704	+
	1705	+
	1706	+
	1707	+
	1708	+
	1709	+	HB5495 Enrolled - 48 - LRB103 39013 AWJ 69150 b
	1710	+
	1711	+
	1712	+	HB5495 Enrolled- 49 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 49 - LRB103 39013 AWJ 69150 b
	1713	+	HB5495 Enrolled - 49 - LRB103 39013 AWJ 69150 b
	1714	+	1 the order shall not affect any index issued by the
	1715	+	2 circuit court clerk before the entry of the order;
	1716	+	3 (iii) the records shall be impounded by the
	1717	+	4 Illinois State Police within 60 days of the date
	1718	+	5 of service of the order as ordered by the court,
	1719	+	6 unless a motion to vacate, modify, or reconsider
	1720	+	7 the order is filed under paragraph (12) of
	1721	+	8 subsection (d) of this Section;
	1722	+	9 (iv) records impounded by the Illinois State
	1723	+	10 Police may be disseminated by the Illinois State
	1724	+	11 Police only as required by law or to the arresting
	1725	+	12 authority, the State's Attorney, and the court
	1726	+	13 upon a later arrest for the same or a similar
	1727	+	14 offense or for the purpose of sentencing for any
	1728	+	15 subsequent felony, and to the Department of
	1729	+	16 Corrections upon conviction for any offense; and
	1730	+	17 (v) in response to an inquiry for these
	1731	+	18 records from anyone not authorized by law to
	1732	+	19 access the records, the court, the Illinois State
	1733	+	20 Police, or the agency receiving the inquiry shall
	1734	+	21 reply as it does in response to inquiries when no
	1735	+	22 records ever existed.
	1736	+	23 (C) Upon entry of an order to seal records under
	1737	+	24 subsection (c), the arresting agency, any other agency
	1738	+	25 as ordered by the court, the Illinois State Police,
	1739	+	26 and the court shall seal the records (as defined in
	1740	+
	1741	+
	1742	+
	1743	+
	1744	+
	1745	+	HB5495 Enrolled - 49 - LRB103 39013 AWJ 69150 b
	1746	+
	1747	+
	1748	+	HB5495 Enrolled- 50 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 50 - LRB103 39013 AWJ 69150 b
	1749	+	HB5495 Enrolled - 50 - LRB103 39013 AWJ 69150 b
	1750	+	1 subsection (a)(1)(K)). In response to an inquiry for
	1751	+	2 such records, from anyone not authorized by law to
	1752	+	3 access such records, the court, the Illinois State
	1753	+	4 Police, or the agency receiving such inquiry shall
	1754	+	5 reply as it does in response to inquiries when no
	1755	+	6 records ever existed.
	1756	+	7 (D) The Illinois State Police shall send written
	1757	+	8 notice to the petitioner of its compliance with each
	1758	+	9 order to expunge or seal records within 60 days of the
	1759	+	10 date of service of that order or, if a motion to
	1760	+	11 vacate, modify, or reconsider is filed, within 60 days
	1761	+	12 of service of the order resolving the motion, if that
	1762	+	13 order requires the Illinois State Police to expunge or
	1763	+	14 seal records. In the event of an appeal from the
	1764	+	15 circuit court order, the Illinois State Police shall
	1765	+	16 send written notice to the petitioner of its
	1766	+	17 compliance with an Appellate Court or Supreme Court
	1767	+	18 judgment to expunge or seal records within 60 days of
	1768	+	19 the issuance of the court's mandate. The notice is not
	1769	+	20 required while any motion to vacate, modify, or
	1770	+	21 reconsider, or any appeal or petition for
	1771	+	22 discretionary appellate review, is pending.
	1772	+	23 (E) Upon motion, the court may order that a sealed
	1773	+	24 judgment or other court record necessary to
	1774	+	25 demonstrate the amount of any legal financial
	1775	+	26 obligation due and owing be made available for the
	1776	+
	1777	+
	1778	+
	1779	+
	1780	+
	1781	+	HB5495 Enrolled - 50 - LRB103 39013 AWJ 69150 b
	1782	+
	1783	+
	1784	+	HB5495 Enrolled- 51 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 51 - LRB103 39013 AWJ 69150 b
	1785	+	HB5495 Enrolled - 51 - LRB103 39013 AWJ 69150 b
	1786	+	1 limited purpose of collecting any legal financial
	1787	+	2 obligations owed by the petitioner that were
	1788	+	3 established, imposed, or originated in the criminal
	1789	+	4 proceeding for which those records have been sealed.
	1790	+	5 The records made available under this subparagraph (E)
	1791	+	6 shall not be entered into the official index required
	1792	+	7 to be kept by the circuit court clerk under Section 16
	1793	+	8 of the Clerks of Courts Act and shall be immediately
	1794	+	9 re-impounded upon the collection of the outstanding
	1795	+	10 financial obligations.
	1796	+	11 (F) Notwithstanding any other provision of this
	1797	+	12 Section, a circuit court clerk may access a sealed
	1798	+	13 record for the limited purpose of collecting payment
	1799	+	14 for any legal financial obligations that were
	1800	+	15 established, imposed, or originated in the criminal
	1801	+	16 proceedings for which those records have been sealed.
	1802	+	17 (10) Fees. The Illinois State Police may charge the
	1803	+	18 petitioner a fee equivalent to the cost of processing any
	1804	+	19 order to expunge or seal records. Notwithstanding any
	1805	+	20 provision of the Clerks of Courts Act to the contrary, the
	1806	+	21 circuit court clerk may charge a fee equivalent to the
	1807	+	22 cost associated with the sealing or expungement of records
	1808	+	23 by the circuit court clerk. From the total filing fee
	1809	+	24 collected for the petition to seal or expunge, the circuit
	1810	+	25 court clerk shall deposit $10 into the Circuit Court Clerk
	1811	+	26 Operation and Administrative Fund, to be used to offset
	1812	+
	1813	+
	1814	+
	1815	+
	1816	+
	1817	+	HB5495 Enrolled - 51 - LRB103 39013 AWJ 69150 b
	1818	+
	1819	+
	1820	+	HB5495 Enrolled- 52 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 52 - LRB103 39013 AWJ 69150 b
	1821	+	HB5495 Enrolled - 52 - LRB103 39013 AWJ 69150 b
	1822	+	1 the costs incurred by the circuit court clerk in
	1823	+	2 performing the additional duties required to serve the
	1824	+	3 petition to seal or expunge on all parties. The circuit
	1825	+	4 court clerk shall collect and remit the Illinois State
	1826	+	5 Police portion of the fee to the State Treasurer and it
	1827	+	6 shall be deposited in the State Police Services Fund. If
	1828	+	7 the record brought under an expungement petition was
	1829	+	8 previously sealed under this Section, the fee for the
	1830	+	9 expungement petition for that same record shall be waived.
	1831	+	10 (11) Final Order. No court order issued under the
	1832	+	11 expungement or sealing provisions of this Section shall
	1833	+	12 become final for purposes of appeal until 30 days after
	1834	+	13 service of the order on the petitioner and all parties
	1835	+	14 entitled to notice of the petition.
	1836	+	15 (12) Motion to Vacate, Modify, or Reconsider. Under
	1837	+	16 Section 2-1203 of the Code of Civil Procedure, the
	1838	+	17 petitioner or any party entitled to notice may file a
	1839	+	18 motion to vacate, modify, or reconsider the order granting
	1840	+	19 or denying the petition to expunge or seal within 60 days
	1841	+	20 of service of the order. If filed more than 60 days after
	1842	+	21 service of the order, a petition to vacate, modify, or
	1843	+	22 reconsider shall comply with subsection (c) of Section
	1844	+	23 2-1401 of the Code of Civil Procedure. Upon filing of a
	1845	+	24 motion to vacate, modify, or reconsider, notice of the
	1846	+	25 motion shall be served upon the petitioner and all parties
	1847	+	26 entitled to notice of the petition.
	1848	+
	1849	+
	1850	+
	1851	+
	1852	+
	1853	+	HB5495 Enrolled - 52 - LRB103 39013 AWJ 69150 b
	1854	+
	1855	+
	1856	+	HB5495 Enrolled- 53 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 53 - LRB103 39013 AWJ 69150 b
	1857	+	HB5495 Enrolled - 53 - LRB103 39013 AWJ 69150 b
	1858	+	1 (13) Effect of Order. An order granting a petition
	1859	+	2 under the expungement or sealing provisions of this
	1860	+	3 Section shall not be considered void because it fails to
	1861	+	4 comply with the provisions of this Section or because of
	1862	+	5 any error asserted in a motion to vacate, modify, or
	1863	+	6 reconsider. The circuit court retains jurisdiction to
	1864	+	7 determine whether the order is voidable and to vacate,
	1865	+	8 modify, or reconsider its terms based on a motion filed
	1866	+	9 under paragraph (12) of this subsection (d).
	1867	+	10 (14) Compliance with Order Granting Petition to Seal
	1868	+	11 Records. Unless a court has entered a stay of an order
	1869	+	12 granting a petition to seal, all parties entitled to
	1870	+	13 notice of the petition must fully comply with the terms of
	1871	+	14 the order within 60 days of service of the order even if a
	1872	+	15 party is seeking relief from the order through a motion
	1873	+	16 filed under paragraph (12) of this subsection (d) or is
	1874	+	17 appealing the order.
	1875	+	18 (15) Compliance with Order Granting Petition to
	1876	+	19 Expunge Records. While a party is seeking relief from the
	1877	+	20 order granting the petition to expunge through a motion
	1878	+	21 filed under paragraph (12) of this subsection (d) or is
	1879	+	22 appealing the order, and unless a court has entered a stay
	1880	+	23 of that order, the parties entitled to notice of the
	1881	+	24 petition must seal, but need not expunge, the records
	1882	+	25 until there is a final order on the motion for relief or,
	1883	+	26 in the case of an appeal, the issuance of that court's
	1884	+
	1885	+
	1886	+
	1887	+
	1888	+
	1889	+	HB5495 Enrolled - 53 - LRB103 39013 AWJ 69150 b
	1890	+
	1891	+
	1892	+	HB5495 Enrolled- 54 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 54 - LRB103 39013 AWJ 69150 b
	1893	+	HB5495 Enrolled - 54 - LRB103 39013 AWJ 69150 b
	1894	+	1 mandate.
	1895	+	2 (16) The changes to this subsection (d) made by Public
	1896	+	3 Act 98-163 apply to all petitions pending on August 5,
	1897	+	4 2013 (the effective date of Public Act 98-163) and to all
	1898	+	5 orders ruling on a petition to expunge or seal on or after
	1899	+	6 August 5, 2013 (the effective date of Public Act 98-163).
	1900	+	7 (e) Whenever a person who has been convicted of an offense
	1901	+	8 is granted a pardon by the Governor which specifically
	1902	+	9 authorizes expungement, he or she may, upon verified petition
	1903	+	10 to the Chief Judge of the circuit where the person had been
	1904	+	11 convicted, any judge of the circuit designated by the Chief
	1905	+	12 Judge, or in counties of less than 3,000,000 inhabitants, the
	1906	+	13 presiding trial judge at the defendant's trial, have a court
	1907	+	14 order entered expunging the record of arrest from the official
	1908	+	15 records of the arresting authority and order that the records
	1909	+	16 of the circuit court clerk and the Illinois State Police be
	1910	+	17 sealed until further order of the court upon good cause shown
	1911	+	18 or as otherwise provided herein, and the name of the defendant
	1912	+	19 obliterated from the official index requested to be kept by
	1913	+	20 the circuit court clerk under Section 16 of the Clerks of
	1914	+	21 Courts Act in connection with the arrest and conviction for
	1915	+	22 the offense for which he or she had been pardoned but the order
	1916	+	23 shall not affect any index issued by the circuit court clerk
	1917	+	24 before the entry of the order. All records sealed by the
	1918	+	25 Illinois State Police may be disseminated by the Illinois
	1919	+	26 State Police only to the arresting authority, the State's
	1920	+
	1921	+
	1922	+
	1923	+
	1924	+
	1925	+	HB5495 Enrolled - 54 - LRB103 39013 AWJ 69150 b
	1926	+
	1927	+
	1928	+	HB5495 Enrolled- 55 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 55 - LRB103 39013 AWJ 69150 b
	1929	+	HB5495 Enrolled - 55 - LRB103 39013 AWJ 69150 b
	1930	+	1 Attorney, and the court upon a later arrest for the same or
	1931	+	2 similar offense or for the purpose of sentencing for any
	1932	+	3 subsequent felony. Upon conviction for any subsequent offense,
	1933	+	4 the Department of Corrections shall have access to all sealed
	1934	+	5 records of the Illinois State Police pertaining to that
	1935	+	6 individual. Upon entry of the order of expungement, the
	1936	+	7 circuit court clerk shall promptly mail a copy of the order to
	1937	+	8 the person who was pardoned.
	1938	+	9 (e-5) Whenever a person who has been convicted of an
	1939	+	10 offense is granted a certificate of eligibility for sealing by
	1940	+	11 the Prisoner Review Board which specifically authorizes
	1941	+	12 sealing, he or she may, upon verified petition to the Chief
	1942	+	13 Judge of the circuit where the person had been convicted, any
	1943	+	14 judge of the circuit designated by the Chief Judge, or in
	1944	+	15 counties of less than 3,000,000 inhabitants, the presiding
	1945	+	16 trial judge at the petitioner's trial, have a court order
	1946	+	17 entered sealing the record of arrest from the official records
	1947	+	18 of the arresting authority and order that the records of the
	1948	+	19 circuit court clerk and the Illinois State Police be sealed
	1949	+	20 until further order of the court upon good cause shown or as
	1950	+	21 otherwise provided herein, and the name of the petitioner
	1951	+	22 obliterated from the official index requested to be kept by
	1952	+	23 the circuit court clerk under Section 16 of the Clerks of
	1953	+	24 Courts Act in connection with the arrest and conviction for
	1954	+	25 the offense for which he or she had been granted the
	1955	+	26 certificate but the order shall not affect any index issued by
	1956	+
	1957	+
	1958	+
	1959	+
	1960	+
	1961	+	HB5495 Enrolled - 55 - LRB103 39013 AWJ 69150 b
	1962	+
	1963	+
	1964	+	HB5495 Enrolled- 56 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 56 - LRB103 39013 AWJ 69150 b
	1965	+	HB5495 Enrolled - 56 - LRB103 39013 AWJ 69150 b
	1966	+	1 the circuit court clerk before the entry of the order. All
	1967	+	2 records sealed by the Illinois State Police may be
	1968	+	3 disseminated by the Illinois State Police only as required by
	1969	+	4 this Act or to the arresting authority, a law enforcement
	1970	+	5 agency, the State's Attorney, and the court upon a later
	1971	+	6 arrest for the same or similar offense or for the purpose of
	1972	+	7 sentencing for any subsequent felony. Upon conviction for any
	1973	+	8 subsequent offense, the Department of Corrections shall have
	1974	+	9 access to all sealed records of the Illinois State Police
	1975	+	10 pertaining to that individual. Upon entry of the order of
	1976	+	11 sealing, the circuit court clerk shall promptly mail a copy of
	1977	+	12 the order to the person who was granted the certificate of
	1978	+	13 eligibility for sealing.
	1979	+	14 (e-6) Whenever a person who has been convicted of an
	1980	+	15 offense is granted a certificate of eligibility for
	1981	+	16 expungement by the Prisoner Review Board which specifically
	1982	+	17 authorizes expungement, he or she may, upon verified petition
	1983	+	18 to the Chief Judge of the circuit where the person had been
	1984	+	19 convicted, any judge of the circuit designated by the Chief
	1985	+	20 Judge, or in counties of less than 3,000,000 inhabitants, the
	1986	+	21 presiding trial judge at the petitioner's trial, have a court
	1987	+	22 order entered expunging the record of arrest from the official
	1988	+	23 records of the arresting authority and order that the records
	1989	+	24 of the circuit court clerk and the Illinois State Police be
	1990	+	25 sealed until further order of the court upon good cause shown
	1991	+	26 or as otherwise provided herein, and the name of the
	1992	+
	1993	+
	1994	+
	1995	+
	1996	+
	1997	+	HB5495 Enrolled - 56 - LRB103 39013 AWJ 69150 b
	1998	+
	1999	+
	2000	+	HB5495 Enrolled- 57 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 57 - LRB103 39013 AWJ 69150 b
	2001	+	HB5495 Enrolled - 57 - LRB103 39013 AWJ 69150 b
	2002	+	1 petitioner obliterated from the official index requested to be
	2003	+	2 kept by the circuit court clerk under Section 16 of the Clerks
	2004	+	3 of Courts Act in connection with the arrest and conviction for
	2005	+	4 the offense for which he or she had been granted the
	2006	+	5 certificate but the order shall not affect any index issued by
	2007	+	6 the circuit court clerk before the entry of the order. All
	2008	+	7 records sealed by the Illinois State Police may be
	2009	+	8 disseminated by the Illinois State Police only as required by
	2010	+	9 this Act or to the arresting authority, a law enforcement
	2011	+	10 agency, the State's Attorney, and the court upon a later
	2012	+	11 arrest for the same or similar offense or for the purpose of
	2013	+	12 sentencing for any subsequent felony. Upon conviction for any
	2014	+	13 subsequent offense, the Department of Corrections shall have
	2015	+	14 access to all expunged records of the Illinois State Police
	2016	+	15 pertaining to that individual. Upon entry of the order of
	2017	+	16 expungement, the circuit court clerk shall promptly mail a
	2018	+	17 copy of the order to the person who was granted the certificate
	2019	+	18 of eligibility for expungement.
	2020	+	19 (f) Subject to available funding, the Illinois Department
	2021	+	20 of Corrections shall conduct a study of the impact of sealing,
	2022	+	21 especially on employment and recidivism rates, utilizing a
	2023	+	22 random sample of those who apply for the sealing of their
	2024	+	23 criminal records under Public Act 93-211. At the request of
	2025	+	24 the Illinois Department of Corrections, records of the
	2026	+	25 Illinois Department of Employment Security shall be utilized
	2027	+	26 as appropriate to assist in the study. The study shall not
	2028	+
	2029	+
	2030	+
	2031	+
	2032	+
	2033	+	HB5495 Enrolled - 57 - LRB103 39013 AWJ 69150 b
	2034	+
	2035	+
	2036	+	HB5495 Enrolled- 58 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 58 - LRB103 39013 AWJ 69150 b
	2037	+	HB5495 Enrolled - 58 - LRB103 39013 AWJ 69150 b
	2038	+	1 disclose any data in a manner that would allow the
	2039	+	2 identification of any particular individual or employing unit.
	2040	+	3 The study shall be made available to the General Assembly no
	2041	+	4 later than September 1, 2010.
	2042	+	5 (g) Immediate Sealing.
	2043	+	6 (1) Applicability. Notwithstanding any other provision
	2044	+	7 of this Act to the contrary, and cumulative with any
	2045	+	8 rights to expungement or sealing of criminal records, this
	2046	+	9 subsection authorizes the immediate sealing of criminal
	2047	+	10 records of adults and of minors prosecuted as adults.
	2048	+	11 (2) Eligible Records. Arrests or charges not initiated
	2049	+	12 by arrest resulting in acquittal or dismissal with
	2050	+	13 prejudice, except as excluded by subsection (a)(3)(B),
	2051	+	14 that occur on or after January 1, 2018 (the effective date
	2052	+	15 of Public Act 100-282), may be sealed immediately if the
	2053	+	16 petition is filed with the circuit court clerk on the same
	2054	+	17 day and during the same hearing in which the case is
	2055	+	18 disposed.
	2056	+	19 (3) When Records are Eligible to be Immediately
	2057	+	20 Sealed. Eligible records under paragraph (2) of this
	2058	+	21 subsection (g) may be sealed immediately after entry of
	2059	+	22 the final disposition of a case, notwithstanding the
	2060	+	23 disposition of other charges in the same case.
	2061	+	24 (4) Notice of Eligibility for Immediate Sealing. Upon
	2062	+	25 entry of a disposition for an eligible record under this
	2063	+	26 subsection (g), the defendant shall be informed by the
	2064	+
	2065	+
	2066	+
	2067	+
	2068	+
	2069	+	HB5495 Enrolled - 58 - LRB103 39013 AWJ 69150 b
	2070	+
	2071	+
	2072	+	HB5495 Enrolled- 59 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 59 - LRB103 39013 AWJ 69150 b
	2073	+	HB5495 Enrolled - 59 - LRB103 39013 AWJ 69150 b
	2074	+	1 court of his or her right to have eligible records
	2075	+	2 immediately sealed and the procedure for the immediate
	2076	+	3 sealing of these records.
	2077	+	4 (5) Procedure. The following procedures apply to
	2078	+	5 immediate sealing under this subsection (g).
	2079	+	6 (A) Filing the Petition. Upon entry of the final
	2080	+	7 disposition of the case, the defendant's attorney may
	2081	+	8 immediately petition the court, on behalf of the
	2082	+	9 defendant, for immediate sealing of eligible records
	2083	+	10 under paragraph (2) of this subsection (g) that are
	2084	+	11 entered on or after January 1, 2018 (the effective
	2085	+	12 date of Public Act 100-282). The immediate sealing
	2086	+	13 petition may be filed with the circuit court clerk
	2087	+	14 during the hearing in which the final disposition of
	2088	+	15 the case is entered. If the defendant's attorney does
	2089	+	16 not file the petition for immediate sealing during the
	2090	+	17 hearing, the defendant may file a petition for sealing
	2091	+	18 at any time as authorized under subsection (c)(3)(A).
	2092	+	19 (B) Contents of Petition. The immediate sealing
	2093	+	20 petition shall be verified and shall contain the
	2094	+	21 petitioner's name, date of birth, current address, and
	2095	+	22 for each eligible record, the case number, the date of
	2096	+	23 arrest if applicable, the identity of the arresting
	2097	+	24 authority if applicable, and other information as the
	2098	+	25 court may require.
	2099	+	26 (C) Drug Test. The petitioner shall not be
	2100	+
	2101	+
	2102	+
	2103	+
	2104	+
	2105	+	HB5495 Enrolled - 59 - LRB103 39013 AWJ 69150 b
	2106	+
	2107	+
	2108	+	HB5495 Enrolled- 60 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 60 - LRB103 39013 AWJ 69150 b
	2109	+	HB5495 Enrolled - 60 - LRB103 39013 AWJ 69150 b
	2110	+	1 required to attach proof that he or she has passed a
	2111	+	2 drug test.
	2112	+	3 (D) Service of Petition. A copy of the petition
	2113	+	4 shall be served on the State's Attorney in open court.
	2114	+	5 The petitioner shall not be required to serve a copy of
	2115	+	6 the petition on any other agency.
	2116	+	7 (E) Entry of Order. The presiding trial judge
	2117	+	8 shall enter an order granting or denying the petition
	2118	+	9 for immediate sealing during the hearing in which it
	2119	+	10 is filed. Petitions for immediate sealing shall be
	2120	+	11 ruled on in the same hearing in which the final
	2121	+	12 disposition of the case is entered.
	2122	+	13 (F) Hearings. The court shall hear the petition
	2123	+	14 for immediate sealing on the same day and during the
	2124	+	15 same hearing in which the disposition is rendered.
	2125	+	16 (G) Service of Order. An order to immediately seal
	2126	+	17 eligible records shall be served in conformance with
	2127	+	18 subsection (d)(8).
	2128	+	19 (H) Implementation of Order. An order to
	2129	+	20 immediately seal records shall be implemented in
	2130	+	21 conformance with subsections (d)(9)(C) and (d)(9)(D).
	2131	+	22 (I) Fees. The fee imposed by the circuit court
	2132	+	23 clerk and the Illinois State Police shall comply with
	2133	+	24 paragraph (1) of subsection (d) of this Section.
	2134	+	25 (J) Final Order. No court order issued under this
	2135	+	26 subsection (g) shall become final for purposes of
	2136	+
	2137	+
	2138	+
	2139	+
	2140	+
	2141	+	HB5495 Enrolled - 60 - LRB103 39013 AWJ 69150 b
	2142	+
	2143	+
	2144	+	HB5495 Enrolled- 61 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 61 - LRB103 39013 AWJ 69150 b
	2145	+	HB5495 Enrolled - 61 - LRB103 39013 AWJ 69150 b
	2146	+	1 appeal until 30 days after service of the order on the
	2147	+	2 petitioner and all parties entitled to service of the
	2148	+	3 order in conformance with subsection (d)(8).
	2149	+	4 (K) Motion to Vacate, Modify, or Reconsider. Under
	2150	+	5 Section 2-1203 of the Code of Civil Procedure, the
	2151	+	6 petitioner, State's Attorney, or the Illinois State
	2152	+	7 Police may file a motion to vacate, modify, or
	2153	+	8 reconsider the order denying the petition to
	2154	+	9 immediately seal within 60 days of service of the
	2155	+	10 order. If filed more than 60 days after service of the
	2156	+	11 order, a petition to vacate, modify, or reconsider
	2157	+	12 shall comply with subsection (c) of Section 2-1401 of
	2158	+	13 the Code of Civil Procedure.
	2159	+	14 (L) Effect of Order. An order granting an
	2160	+	15 immediate sealing petition shall not be considered
	2161	+	16 void because it fails to comply with the provisions of
	2162	+	17 this Section or because of an error asserted in a
	2163	+	18 motion to vacate, modify, or reconsider. The circuit
	2164	+	19 court retains jurisdiction to determine whether the
	2165	+	20 order is voidable, and to vacate, modify, or
	2166	+	21 reconsider its terms based on a motion filed under
	2167	+	22 subparagraph (L) of this subsection (g).
	2168	+	23 (M) Compliance with Order Granting Petition to
	2169	+	24 Seal Records. Unless a court has entered a stay of an
	2170	+	25 order granting a petition to immediately seal, all
	2171	+	26 parties entitled to service of the order must fully
	2172	+
	2173	+
	2174	+
	2175	+
	2176	+
	2177	+	HB5495 Enrolled - 61 - LRB103 39013 AWJ 69150 b
	2178	+
	2179	+
	2180	+	HB5495 Enrolled- 62 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 62 - LRB103 39013 AWJ 69150 b
	2181	+	HB5495 Enrolled - 62 - LRB103 39013 AWJ 69150 b
	2182	+	1 comply with the terms of the order within 60 days of
	2183	+	2 service of the order.
	2184	+	3 (h) Sealing or vacation and expungement of trafficking
	2185	+	4 victims' crimes.
	2186	+	5 (1) A trafficking victim, as defined by paragraph (10)
	2187	+	6 of subsection (a) of Section 10-9 of the Criminal Code of
	2188	+	7 2012, may petition for vacation and expungement or
	2189	+	8 immediate sealing of his or her criminal record upon the
	2190	+	9 completion of his or her last sentence if his or her
	2191	+	10 participation in the underlying offense was a result of
	2192	+	11 human trafficking under Section 10-9 of the Criminal Code
	2193	+	12 of 2012 or a severe form of trafficking under the federal
	2194	+	13 Trafficking Victims Protection Act.
	2195	+	14 (1.5) A petition under paragraph (1) shall be
	2196	+	15 prepared, signed, and filed in accordance with Supreme
	2197	+	16 Court Rule 9. The court may allow the petitioner to attend
	2198	+	17 any required hearing remotely in accordance with local
	2199	+	18 rules. The court may allow a petition to be filed under
	2200	+	19 seal if the public filing of the petition would constitute
	2201	+	20 a risk of harm to the petitioner.
	2202	+	21 (2) A petitioner under this subsection (h), in
	2203	+	22 addition to the requirements provided under paragraph (4)
	2204	+	23 of subsection (d) of this Section, shall include in his or
	2205	+	24 her petition a clear and concise statement that: (A) he or
	2206	+	25 she was a victim of human trafficking at the time of the
	2207	+	26 offense; and (B) that his or her participation in the
	2208	+
	2209	+
	2210	+
	2211	+
	2212	+
	2213	+	HB5495 Enrolled - 62 - LRB103 39013 AWJ 69150 b
	2214	+
	2215	+
	2216	+	HB5495 Enrolled- 63 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 63 - LRB103 39013 AWJ 69150 b
	2217	+	HB5495 Enrolled - 63 - LRB103 39013 AWJ 69150 b
	2218	+	1 offense was a result of human trafficking under Section
	2219	+	2 10-9 of the Criminal Code of 2012 or a severe form of
	2220	+	3 trafficking under the federal Trafficking Victims
	2221	+	4 Protection Act.
	2222	+	5 (3) If an objection is filed alleging that the
	2223	+	6 petitioner is not entitled to vacation and expungement or
	2224	+	7 immediate sealing under this subsection (h), the court
	2225	+	8 shall conduct a hearing under paragraph (7) of subsection
	2226	+	9 (d) of this Section and the court shall determine whether
	2227	+	10 the petitioner is entitled to vacation and expungement or
	2228	+	11 immediate sealing under this subsection (h). A petitioner
	2229	+	12 is eligible for vacation and expungement or immediate
	2230	+	13 relief under this subsection (h) if he or she shows, by a
	2231	+	14 preponderance of the evidence, that: (A) he or she was a
	2232	+	15 victim of human trafficking at the time of the offense;
	2233	+	16 and (B) that his or her participation in the offense was a
	2234	+	17 result of human trafficking under Section 10-9 of the
	2235	+	18 Criminal Code of 2012 or a severe form of trafficking
	2236	+	19 under the federal Trafficking Victims Protection Act.
	2237	+	20 (i) Minor Cannabis Offenses under the Cannabis Control
	2238	+	21 Act.
	2239	+	22 (1) Expungement of Arrest Records of Minor Cannabis
	2240	+	23 Offenses.
	2241	+	24 (A) The Illinois State Police and all law
	2242	+	25 enforcement agencies within the State shall
	2243	+	26 automatically expunge all criminal history records of
	2244	+
	2245	+
	2246	+
	2247	+
	2248	+
	2249	+	HB5495 Enrolled - 63 - LRB103 39013 AWJ 69150 b
	2250	+
	2251	+
	2252	+	HB5495 Enrolled- 64 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 64 - LRB103 39013 AWJ 69150 b
	2253	+	HB5495 Enrolled - 64 - LRB103 39013 AWJ 69150 b
	2254	+	1 an arrest, charge not initiated by arrest, order of
	2255	+	2 supervision, or order of qualified probation for a
	2256	+	3 Minor Cannabis Offense committed prior to June 25,
	2257	+	4 2019 (the effective date of Public Act 101-27) if:
	2258	+	5 (i) One year or more has elapsed since the
	2259	+	6 date of the arrest or law enforcement interaction
	2260	+	7 documented in the records; and
	2261	+	8 (ii) No criminal charges were filed relating
	2262	+	9 to the arrest or law enforcement interaction or
	2263	+	10 criminal charges were filed and subsequently
	2264	+	11 dismissed or vacated or the arrestee was
	2265	+	12 acquitted.
	2266	+	13 (B) If the law enforcement agency is unable to
	2267	+	14 verify satisfaction of condition (ii) in paragraph
	2268	+	15 (A), records that satisfy condition (i) in paragraph
	2269	+	16 (A) shall be automatically expunged.
	2270	+	17 (C) Records shall be expunged by the law
	2271	+	18 enforcement agency under the following timelines:
	2272	+	19 (i) Records created prior to June 25, 2019
	2273	+	20 (the effective date of Public Act 101-27), but on
	2274	+	21 or after January 1, 2013, shall be automatically
	2275	+	22 expunged prior to January 1, 2021;
	2276	+	23 (ii) Records created prior to January 1, 2013,
	2277	+	24 but on or after January 1, 2000, shall be
	2278	+	25 automatically expunged prior to January 1, 2023;
	2279	+	26 (iii) Records created prior to January 1, 2000
	2280	+
	2281	+
	2282	+
	2283	+
	2284	+
	2285	+	HB5495 Enrolled - 64 - LRB103 39013 AWJ 69150 b
	2286	+
	2287	+
	2288	+	HB5495 Enrolled- 65 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 65 - LRB103 39013 AWJ 69150 b
	2289	+	HB5495 Enrolled - 65 - LRB103 39013 AWJ 69150 b
	2290	+	1 shall be automatically expunged prior to January
	2291	+	2 1, 2025.
	2292	+	3 In response to an inquiry for expunged records,
	2293	+	4 the law enforcement agency receiving such inquiry
	2294	+	5 shall reply as it does in response to inquiries when no
	2295	+	6 records ever existed; however, it shall provide a
	2296	+	7 certificate of disposition or confirmation that the
	2297	+	8 record was expunged to the individual whose record was
	2298	+	9 expunged if such a record exists.
	2299	+	10 (D) Nothing in this Section shall be construed to
	2300	+	11 restrict or modify an individual's right to have that
	2301	+	12 individual's records expunged except as otherwise may
	2302	+	13 be provided in this Act, or diminish or abrogate any
	2303	+	14 rights or remedies otherwise available to the
	2304	+	15 individual.
	2305	+	16 (2) Pardons Authorizing Expungement of Minor Cannabis
	2306	+	17 Offenses.
	2307	+	18 (A) Upon June 25, 2019 (the effective date of
	2308	+	19 Public Act 101-27), the Department of State Police
	2309	+	20 shall review all criminal history record information
	2310	+	21 and identify all records that meet all of the
	2311	+	22 following criteria:
	2312	+	23 (i) one or more convictions for a Minor
	2313	+	24 Cannabis Offense;
	2314	+	25 (ii) the conviction identified in paragraph
	2315	+	26 (2)(A)(i) did not include a penalty enhancement
	2316	+
	2317	+
	2318	+
	2319	+
	2320	+
	2321	+	HB5495 Enrolled - 65 - LRB103 39013 AWJ 69150 b
	2322	+
	2323	+
	2324	+	HB5495 Enrolled- 66 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 66 - LRB103 39013 AWJ 69150 b
	2325	+	HB5495 Enrolled - 66 - LRB103 39013 AWJ 69150 b
	2326	+	1 under Section 7 of the Cannabis Control Act; and
	2327	+	2 (iii) the conviction identified in paragraph
	2328	+	3 (2)(A)(i) is not associated with a conviction for
	2329	+	4 a violent crime as defined in subsection (c) of
	2330	+	5 Section 3 of the Rights of Crime Victims and
	2331	+	6 Witnesses Act.
	2332	+	7 (B) Within 180 days after June 25, 2019 (the
	2333	+	8 effective date of Public Act 101-27), the Department
	2334	+	9 of State Police shall notify the Prisoner Review Board
	2335	+	10 of all such records that meet the criteria established
	2336	+	11 in paragraph (2)(A).
	2337	+	12 (i) The Prisoner Review Board shall notify the
	2338	+	13 State's Attorney of the county of conviction of
	2339	+	14 each record identified by State Police in
	2340	+	15 paragraph (2)(A) that is classified as a Class 4
	2341	+	16 felony. The State's Attorney may provide a written
	2342	+	17 objection to the Prisoner Review Board on the sole
	2343	+	18 basis that the record identified does not meet the
	2344	+	19 criteria established in paragraph (2)(A). Such an
	2345	+	20 objection must be filed within 60 days or by such
	2346	+	21 later date set by the Prisoner Review Board in the
	2347	+	22 notice after the State's Attorney received notice
	2348	+	23 from the Prisoner Review Board.
	2349	+	24 (ii) In response to a written objection from a
	2350	+	25 State's Attorney, the Prisoner Review Board is
	2351	+	26 authorized to conduct a non-public hearing to
	2352	+
	2353	+
	2354	+
	2355	+
	2356	+
	2357	+	HB5495 Enrolled - 66 - LRB103 39013 AWJ 69150 b
	2358	+
	2359	+
	2360	+	HB5495 Enrolled- 67 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 67 - LRB103 39013 AWJ 69150 b
	2361	+	HB5495 Enrolled - 67 - LRB103 39013 AWJ 69150 b
	2362	+	1 evaluate the information provided in the
	2363	+	2 objection.
	2364	+	3 (iii) The Prisoner Review Board shall make a
	2365	+	4 confidential and privileged recommendation to the
	2366	+	5 Governor as to whether to grant a pardon
	2367	+	6 authorizing expungement for each of the records
	2368	+	7 identified by the Department of State Police as
	2369	+	8 described in paragraph (2)(A).
	2370	+	9 (C) If an individual has been granted a pardon
	2371	+	10 authorizing expungement as described in this Section,
	2372	+	11 the Prisoner Review Board, through the Attorney
	2373	+	12 General, shall file a petition for expungement with
	2374	+	13 the Chief Judge of the circuit or any judge of the
	2375	+	14 circuit designated by the Chief Judge where the
	2376	+	15 individual had been convicted. Such petition may
	2377	+	16 include more than one individual. Whenever an
	2378	+	17 individual who has been convicted of an offense is
	2379	+	18 granted a pardon by the Governor that specifically
	2380	+	19 authorizes expungement, an objection to the petition
	2381	+	20 may not be filed. Petitions to expunge under this
	2382	+	21 subsection (i) may include more than one individual.
	2383	+	22 Within 90 days of the filing of such a petition, the
	2384	+	23 court shall enter an order expunging the records of
	2385	+	24 arrest from the official records of the arresting
	2386	+	25 authority and order that the records of the circuit
	2387	+	26 court clerk and the Illinois State Police be expunged
	2388	+
	2389	+
	2390	+
	2391	+
	2392	+
	2393	+	HB5495 Enrolled - 67 - LRB103 39013 AWJ 69150 b
	2394	+
	2395	+
	2396	+	HB5495 Enrolled- 68 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 68 - LRB103 39013 AWJ 69150 b
	2397	+	HB5495 Enrolled - 68 - LRB103 39013 AWJ 69150 b
	2398	+	1 and the name of the defendant obliterated from the
	2399	+	2 official index requested to be kept by the circuit
	2400	+	3 court clerk under Section 16 of the Clerks of Courts
	2401	+	4 Act in connection with the arrest and conviction for
	2402	+	5 the offense for which the individual had received a
	2403	+	6 pardon but the order shall not affect any index issued
	2404	+	7 by the circuit court clerk before the entry of the
	2405	+	8 order. Upon entry of the order of expungement, the
	2406	+	9 circuit court clerk shall promptly provide a copy of
	2407	+	10 the order and a certificate of disposition to the
	2408	+	11 individual who was pardoned to the individual's last
	2409	+	12 known address or by electronic means (if available) or
	2410	+	13 otherwise make it available to the individual upon
	2411	+	14 request.
	2412	+	15 (D) Nothing in this Section is intended to
	2413	+	16 diminish or abrogate any rights or remedies otherwise
	2414	+	17 available to the individual.
	2415	+	18 (3) Any individual may file a motion to vacate and
	2416	+	19 expunge a conviction for a misdemeanor or Class 4 felony
	2417	+	20 violation of Section 4 or Section 5 of the Cannabis
	2418	+	21 Control Act. Motions to vacate and expunge under this
	2419	+	22 subsection (i) may be filed with the circuit court, Chief
	2420	+	23 Judge of a judicial circuit or any judge of the circuit
	2421	+	24 designated by the Chief Judge. The circuit court clerk
	2422	+	25 shall promptly serve a copy of the motion to vacate and
	2423	+	26 expunge, and any supporting documentation, on the State's
	2424	+
	2425	+
	2426	+
	2427	+
	2428	+
	2429	+	HB5495 Enrolled - 68 - LRB103 39013 AWJ 69150 b
	2430	+
	2431	+
	2432	+	HB5495 Enrolled- 69 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 69 - LRB103 39013 AWJ 69150 b
	2433	+	HB5495 Enrolled - 69 - LRB103 39013 AWJ 69150 b
	2434	+	1 Attorney or prosecutor charged with the duty of
	2435	+	2 prosecuting the offense. When considering such a motion to
	2436	+	3 vacate and expunge, a court shall consider the following:
	2437	+	4 the reasons to retain the records provided by law
	2438	+	5 enforcement, the petitioner's age, the petitioner's age at
	2439	+	6 the time of offense, the time since the conviction, and
	2440	+	7 the specific adverse consequences if denied. An individual
	2441	+	8 may file such a petition after the completion of any
	2442	+	9 non-financial sentence or non-financial condition imposed
	2443	+	10 by the conviction. Within 60 days of the filing of such
	2444	+	11 motion, a State's Attorney may file an objection to such a
	2445	+	12 petition along with supporting evidence. If a motion to
	2446	+	13 vacate and expunge is granted, the records shall be
	2447	+	14 expunged in accordance with subparagraphs (d)(8) and
	2448	+	15 (d)(9)(A) of this Section. An agency providing civil legal
	2449	+	16 aid, as defined by Section 15 of the Public Interest
	2450	+	17 Attorney Assistance Act, assisting individuals seeking to
	2451	+	18 file a motion to vacate and expunge under this subsection
	2452	+	19 may file motions to vacate and expunge with the Chief
	2453	+	20 Judge of a judicial circuit or any judge of the circuit
	2454	+	21 designated by the Chief Judge, and the motion may include
	2455	+	22 more than one individual. Motions filed by an agency
	2456	+	23 providing civil legal aid concerning more than one
	2457	+	24 individual may be prepared, presented, and signed
	2458	+	25 electronically.
	2459	+	26 (4) Any State's Attorney may file a motion to vacate
	2460	+
	2461	+
	2462	+
	2463	+
	2464	+
	2465	+	HB5495 Enrolled - 69 - LRB103 39013 AWJ 69150 b
	2466	+
	2467	+
	2468	+	HB5495 Enrolled- 70 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 70 - LRB103 39013 AWJ 69150 b
	2469	+	HB5495 Enrolled - 70 - LRB103 39013 AWJ 69150 b
	2470	+	1 and expunge a conviction for a misdemeanor or Class 4
	2471	+	2 felony violation of Section 4 or Section 5 of the Cannabis
	2472	+	3 Control Act. Motions to vacate and expunge under this
	2473	+	4 subsection (i) may be filed with the circuit court, Chief
	2474	+	5 Judge of a judicial circuit or any judge of the circuit
	2475	+	6 designated by the Chief Judge, and may include more than
	2476	+	7 one individual. Motions filed by a State's Attorney
	2477	+	8 concerning more than one individual may be prepared,
	2478	+	9 presented, and signed electronically. When considering
	2479	+	10 such a motion to vacate and expunge, a court shall
	2480	+	11 consider the following: the reasons to retain the records
	2481	+	12 provided by law enforcement, the individual's age, the
	2482	+	13 individual's age at the time of offense, the time since
	2483	+	14 the conviction, and the specific adverse consequences if
	2484	+	15 denied. Upon entry of an order granting a motion to vacate
	2485	+	16 and expunge records pursuant to this Section, the State's
	2486	+	17 Attorney shall notify the Prisoner Review Board within 30
	2487	+	18 days. Upon entry of the order of expungement, the circuit
	2488	+	19 court clerk shall promptly provide a copy of the order and
	2489	+	20 a certificate of disposition to the individual whose
	2490	+	21 records will be expunged to the individual's last known
	2491	+	22 address or by electronic means (if available) or otherwise
	2492	+	23 make available to the individual upon request. If a motion
	2493	+	24 to vacate and expunge is granted, the records shall be
	2494	+	25 expunged in accordance with subparagraphs (d)(8) and
	2495	+	26 (d)(9)(A) of this Section.
	2496	+
	2497	+
	2498	+
	2499	+
	2500	+
	2501	+	HB5495 Enrolled - 70 - LRB103 39013 AWJ 69150 b
	2502	+
	2503	+
	2504	+	HB5495 Enrolled- 71 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 71 - LRB103 39013 AWJ 69150 b
	2505	+	HB5495 Enrolled - 71 - LRB103 39013 AWJ 69150 b
	2506	+	1 (5) In the public interest, the State's Attorney of a
	2507	+	2 county has standing to file motions to vacate and expunge
	2508	+	3 pursuant to this Section in the circuit court with
	2509	+	4 jurisdiction over the underlying conviction.
	2510	+	5 (6) If a person is arrested for a Minor Cannabis
	2511	+	6 Offense as defined in this Section before June 25, 2019
	2512	+	7 (the effective date of Public Act 101-27) and the person's
	2513	+	8 case is still pending but a sentence has not been imposed,
	2514	+	9 the person may petition the court in which the charges are
	2515	+	10 pending for an order to summarily dismiss those charges
	2516	+	11 against him or her, and expunge all official records of
	2517	+	12 his or her arrest, plea, trial, conviction, incarceration,
	2518	+	13 supervision, or expungement. If the court determines, upon
	2519	+	14 review, that: (A) the person was arrested before June 25,
	2520	+	15 2019 (the effective date of Public Act 101-27) for an
	2521	+	16 offense that has been made eligible for expungement; (B)
	2522	+	17 the case is pending at the time; and (C) the person has not
	2523	+	18 been sentenced of the minor cannabis violation eligible
	2524	+	19 for expungement under this subsection, the court shall
	2525	+	20 consider the following: the reasons to retain the records
	2526	+	21 provided by law enforcement, the petitioner's age, the
	2527	+	22 petitioner's age at the time of offense, the time since
	2528	+	23 the conviction, and the specific adverse consequences if
	2529	+	24 denied. If a motion to dismiss and expunge is granted, the
	2530	+	25 records shall be expunged in accordance with subparagraph
	2531	+	26 (d)(9)(A) of this Section.
	2532	+
	2533	+
	2534	+
	2535	+
	2536	+
	2537	+	HB5495 Enrolled - 71 - LRB103 39013 AWJ 69150 b
	2538	+
	2539	+
	2540	+	HB5495 Enrolled- 72 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 72 - LRB103 39013 AWJ 69150 b
	2541	+	HB5495 Enrolled - 72 - LRB103 39013 AWJ 69150 b
	2542	+	1 (7) A person imprisoned solely as a result of one or
	2543	+	2 more convictions for Minor Cannabis Offenses under this
	2544	+	3 subsection (i) shall be released from incarceration upon
	2545	+	4 the issuance of an order under this subsection.
	2546	+	5 (8) The Illinois State Police shall allow a person to
	2547	+	6 use the access and review process, established in the
	2548	+	7 Illinois State Police, for verifying that his or her
	2549	+	8 records relating to Minor Cannabis Offenses of the
	2550	+	9 Cannabis Control Act eligible under this Section have been
	2551	+	10 expunged.
	2552	+	11 (9) No conviction vacated pursuant to this Section
	2553	+	12 shall serve as the basis for damages for time unjustly
	2554	+	13 served as provided in the Court of Claims Act.
	2555	+	14 (10) Effect of Expungement. A person's right to
	2556	+	15 expunge an expungeable offense shall not be limited under
	2557	+	16 this Section. The effect of an order of expungement shall
	2558	+	17 be to restore the person to the status he or she occupied
	2559	+	18 before the arrest, charge, or conviction.
	2560	+	19 (11) Information. The Illinois State Police shall post
	2561	+	20 general information on its website about the expungement
	2562	+	21 process described in this subsection (i).
	2563	+	22 (j) Felony Prostitution Convictions.
	2564	+	23 (1) Any individual may file a motion to vacate and
	2565	+	24 expunge a conviction for a prior Class 4 felony violation
	2566	+	25 of prostitution. Motions to vacate and expunge under this
	2567	+	26 subsection (j) may be filed with the circuit court, Chief
	2568	+
	2569	+
	2570	+
	2571	+
	2572	+
	2573	+	HB5495 Enrolled - 72 - LRB103 39013 AWJ 69150 b
	2574	+
	2575	+
	2576	+	HB5495 Enrolled- 73 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 73 - LRB103 39013 AWJ 69150 b
	2577	+	HB5495 Enrolled - 73 - LRB103 39013 AWJ 69150 b
	2578	+	1 Judge of a judicial circuit, or any judge of the circuit
	2579	+	2 designated by the Chief Judge. When considering the motion
	2580	+	3 to vacate and expunge, a court shall consider the
	2581	+	4 following:
	2582	+	5 (A) the reasons to retain the records provided by
	2583	+	6 law enforcement;
	2584	+	7 (B) the petitioner's age;
	2585	+	8 (C) the petitioner's age at the time of offense;
	2586	+	9 and
	2587	+	10 (D) the time since the conviction, and the
	2588	+	11 specific adverse consequences if denied. An individual
	2589	+	12 may file the petition after the completion of any
	2590	+	13 sentence or condition imposed by the conviction.
	2591	+	14 Within 60 days of the filing of the motion, a State's
	2592	+	15 Attorney may file an objection to the petition along
	2593	+	16 with supporting evidence. If a motion to vacate and
	2594	+	17 expunge is granted, the records shall be expunged in
	2595	+	18 accordance with subparagraph (d)(9)(A) of this
	2596	+	19 Section. An agency providing civil legal aid, as
	2597	+	20 defined in Section 15 of the Public Interest Attorney
	2598	+	21 Assistance Act, assisting individuals seeking to file
	2599	+	22 a motion to vacate and expunge under this subsection
	2600	+	23 may file motions to vacate and expunge with the Chief
	2601	+	24 Judge of a judicial circuit or any judge of the circuit
	2602	+	25 designated by the Chief Judge, and the motion may
	2603	+	26 include more than one individual.
	2604	+
	2605	+
	2606	+
	2607	+
	2608	+
	2609	+	HB5495 Enrolled - 73 - LRB103 39013 AWJ 69150 b
	2610	+
	2611	+
	2612	+	HB5495 Enrolled- 74 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 74 - LRB103 39013 AWJ 69150 b
	2613	+	HB5495 Enrolled - 74 - LRB103 39013 AWJ 69150 b
	2614	+	1 (2) Any State's Attorney may file a motion to vacate
	2615	+	2 and expunge a conviction for a Class 4 felony violation of
	2616	+	3 prostitution. Motions to vacate and expunge under this
	2617	+	4 subsection (j) may be filed with the circuit court, Chief
	2618	+	5 Judge of a judicial circuit, or any judge of the circuit
	2619	+	6 court designated by the Chief Judge, and may include more
	2620	+	7 than one individual. When considering the motion to vacate
	2621	+	8 and expunge, a court shall consider the following reasons:
	2622	+	9 (A) the reasons to retain the records provided by
	2623	+	10 law enforcement;
	2624	+	11 (B) the petitioner's age;
	2625	+	12 (C) the petitioner's age at the time of offense;
	2626	+	13 (D) the time since the conviction; and
	2627	+	14 (E) the specific adverse consequences if denied.
	2628	+	15 If the State's Attorney files a motion to vacate and
	2629	+	16 expunge records for felony prostitution convictions
	2630	+	17 pursuant to this Section, the State's Attorney shall
	2631	+	18 notify the Prisoner Review Board within 30 days of the
	2632	+	19 filing. If a motion to vacate and expunge is granted, the
	2633	+	20 records shall be expunged in accordance with subparagraph
	2634	+	21 (d)(9)(A) of this Section.
	2635	+	22 (3) In the public interest, the State's Attorney of a
	2636	+	23 county has standing to file motions to vacate and expunge
	2637	+	24 pursuant to this Section in the circuit court with
	2638	+	25 jurisdiction over the underlying conviction.
	2639	+	26 (4) The Illinois State Police shall allow a person to
	2640	+
	2641	+
	2642	+
	2643	+
	2644	+
	2645	+	HB5495 Enrolled - 74 - LRB103 39013 AWJ 69150 b
	2646	+
	2647	+
	2648	+	HB5495 Enrolled- 75 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 75 - LRB103 39013 AWJ 69150 b
	2649	+	HB5495 Enrolled - 75 - LRB103 39013 AWJ 69150 b
	2650	+	1 a use the access and review process, established in the
	2651	+	2 Illinois State Police, for verifying that his or her
	2652	+	3 records relating to felony prostitution eligible under
	2653	+	4 this Section have been expunged.
	2654	+	5 (5) No conviction vacated pursuant to this Section
	2655	+	6 shall serve as the basis for damages for time unjustly
	2656	+	7 served as provided in the Court of Claims Act.
	2657	+	8 (6) Effect of Expungement. A person's right to expunge
	2658	+	9 an expungeable offense shall not be limited under this
	2659	+	10 Section. The effect of an order of expungement shall be to
	2660	+	11 restore the person to the status he or she occupied before
	2661	+	12 the arrest, charge, or conviction.
	2662	+	13 (7) Information. The Illinois State Police shall post
	2663	+	14 general information on its website about the expungement
	2664	+	15 process described in this subsection (j).
	2665	+	16 (Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;
	2666	+	17 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
	2667	+	18 1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)
	2668	+	19 Section 35. The Illinois Vehicle Hijacking and Motor
	2669	+	20 Vehicle Theft Prevention and Insurance Verification Act is
	2670	+	21 amended by changing Section 8.6 as follows:
	2671	+	22 (20 ILCS 4005/8.6)
	2672	+	23 Sec. 8.6. Private passenger motor vehicle insurance. State
	2673	+	24 Police Training and Academy Fund; Law Enforcement Training
	2674	+
	2675	+
	2676	+
	2677	+
	2678	+
	2679	+	HB5495 Enrolled - 75 - LRB103 39013 AWJ 69150 b
	2680	+
	2681	+
	2682	+	HB5495 Enrolled- 76 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 76 - LRB103 39013 AWJ 69150 b
	2683	+	HB5495 Enrolled - 76 - LRB103 39013 AWJ 69150 b
	2684	+	1 Fund. Before April 1 of each year, each insurer engaged in
	2685	+	2 writing private passenger motor vehicle insurance coverage
	2686	+	3 that is included in Class 2 and Class 3 of Section 4 of the
	2687	+	4 Illinois Insurance Code, as a condition of its authority to
	2688	+	5 transact business in this State, may collect and shall pay to
	2689	+	6 the Department of Insurance an amount equal to $4, or a lesser
	2690	+	7 amount determined by the Illinois Law Enforcement Training
	2691	+	8 Standards Board by rule, multiplied by the insurer's total
	2692	+	9 earned car years of private passenger motor vehicle insurance
	2693	+	10 policies providing physical damage insurance coverage written
	2694	+	11 in this State during the preceding calendar year. Of the
	2695	+	12 amounts collected under this Section, the Department of
	2696	+	13 Insurance shall deposit 10% into the State Police Law
	2697	+	14 Enforcement Administration Fund State Police Training and
	2698	+	15 Academy Fund and 90% into the Law Enforcement Training Fund.
	2699	+	16 (Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22;
	2700	+	17 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.)
	2701	+	18 Section 40. The State Finance Act is amended by changing
	2702	+	19 Sections 5.946, 5.963, 6z-106, 6z-125, and 6z-127 as follows:
	2703	+	20 (30 ILCS 105/5.946)
	2704	+	21 Sec. 5.946. The State Police Training and Academy Fund.
	2705	+	22 This Section is repealed on July 1, 2025.
	2706	+	23 (Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22.)
	2707	+
	2708	+
	2709	+
	2710	+
	2711	+
	2712	+	HB5495 Enrolled - 76 - LRB103 39013 AWJ 69150 b
	2713	+
	2714	+
	2715	+	HB5495 Enrolled- 77 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 77 - LRB103 39013 AWJ 69150 b
	2716	+	HB5495 Enrolled - 77 - LRB103 39013 AWJ 69150 b
	2717	+	1 (30 ILCS 105/5.963)
	2718	+	2 Sec. 5.963. The State Police Firearm Revocation
	2719	+	3 Enforcement Fund.
	2720	+	4 (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)
	2721	+	5 (30 ILCS 105/6z-106)
	2722	+	6 Sec. 6z-106. State Police Law Enforcement Administration
	2723	+	7 Fund.
	2724	+	8 (a) There is created in the State treasury a special fund
	2725	+	9 known as the State Police Law Enforcement Administration Fund.
	2726	+	10 The Fund shall receive revenue under subsection (c) of Section
	2727	+	11 10-5 of the Criminal and Traffic Assessment Act and Section
	2728	+	12 500-135 of the Illinois Insurance Code. The Fund shall also
	2729	+	13 receive the moneys designated to be paid into the Fund under
	2730	+	14 subsection (a-5) of Section 500-135 of the Illinois Insurance
	2731	+	15 Code and Section 8.6 of the Illinois Vehicle Hijacking and
	2732	+	16 Motor Vehicle Theft Prevention and Insurance Verification Act.
	2733	+	17 The Fund may also receive revenue from grants, donations,
	2734	+	18 appropriations, and any other legal source.
	2735	+	19 (b) The Illinois State Police may use moneys in the Fund to
	2736	+	20 finance any of its lawful purposes or functions, including,
	2737	+	21 but not limited to, training for forensic laboratory personnel
	2738	+	22 and other State Police personnel. However, ; however, the
	2739	+	23 primary purpose of the Fund shall be to finance State Police
	2740	+	24 cadet classes in May and October of each year.
	2741	+	25 (c) Expenditures may be made from the Fund only as
	2742	+
	2743	+
	2744	+
	2745	+
	2746	+
	2747	+	HB5495 Enrolled - 77 - LRB103 39013 AWJ 69150 b
	2748	+
	2749	+
	2750	+	HB5495 Enrolled- 78 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 78 - LRB103 39013 AWJ 69150 b
	2751	+	HB5495 Enrolled - 78 - LRB103 39013 AWJ 69150 b
	2752	+	1 appropriated by the General Assembly by law.
	2753	+	2 (d) Investment income that is attributable to the
	2754	+	3 investment of moneys in the Fund shall be retained in the Fund
	2755	+	4 for the uses specified in this Section.
	2756	+	5 (e) The State Police Law Enforcement Administration Fund
	2757	+	6 shall not be subject to administrative chargebacks.
	2758	+	7 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
	2759	+	8 (30 ILCS 105/6z-125)
	2760	+	9 Sec. 6z-125. State Police Training and Academy Fund. The
	2761	+	10 State Police Training and Academy Fund is hereby created as a
	2762	+	11 special fund in the State treasury. Moneys in the Fund shall
	2763	+	12 consist of: (i) 10% of the revenue from increasing the
	2764	+	13 insurance producer license fees, as provided under subsection
	2765	+	14 (a-5) of Section 500-135 of the Illinois Insurance Code; and
	2766	+	15 (ii) 10% of the moneys collected from auto insurance policy
	2767	+	16 fees under Section 8.6 of the Illinois Vehicle Hijacking and
	2768	+	17 Motor Vehicle Theft Prevention and Insurance Verification Act.
	2769	+	18 This Fund shall be used by the Illinois State Police to fund
	2770	+	19 training and other State Police institutions, including, but
	2771	+	20 not limited to, forensic laboratories. On July 1, 2025, or as
	2772	+	21 soon thereafter as possible, the balance remaining in the
	2773	+	22 State Police Training and Academy Fund shall be transferred to
	2774	+	23 the State Police Law Enforcement Administration Fund. The
	2775	+	24 State Police Training and Academy Fund is dissolved upon that
	2776	+	25 transfer. This Section is repealed on January 1, 2026.
	2777	+
	2778	+
	2779	+
	2780	+
	2781	+
	2782	+	HB5495 Enrolled - 78 - LRB103 39013 AWJ 69150 b
	2783	+
	2784	+
	2785	+	HB5495 Enrolled- 79 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 79 - LRB103 39013 AWJ 69150 b
	2786	+	HB5495 Enrolled - 79 - LRB103 39013 AWJ 69150 b
	2787	+	1 (Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22;
	2788	+	2 102-904, eff. 1-1-23.)
	2789	+	3 (30 ILCS 105/6z-127)
	2790	+	4 Sec. 6z-127. State Police Firearm Revocation Enforcement
	2791	+	5 Fund.
	2792	+	6 (a) The State Police Firearm Revocation Enforcement Fund
	2793	+	7 is established as a special fund in the State treasury. This
	2794	+	8 Fund is established to receive moneys from the Firearm Owners
	2795	+	9 Identification Card Act to enforce that Act, the Firearm
	2796	+	10 Concealed Carry Act, Article 24 of the Criminal Code of 2012,
	2797	+	11 and other firearm offenses. The Fund may also receive revenue
	2798	+	12 from grants, donations, appropriations, and any other legal
	2799	+	13 source.
	2800	+	14 (b) The Illinois State Police may use moneys from the Fund
	2801	+	15 to establish task forces and, if necessary, include other law
	2802	+	16 enforcement agencies, under intergovernmental contracts
	2803	+	17 written and executed in conformity with the Intergovernmental
	2804	+	18 Cooperation Act.
	2805	+	19 (c) The Illinois State Police may use moneys in the Fund to
	2806	+	20 hire and train State Police officers and for the prevention of
	2807	+	21 violent crime.
	2808	+	22 (d) The State Police Firearm Revocation Enforcement Fund
	2809	+	23 is not subject to administrative chargebacks.
	2810	+	24 (e) Law enforcement agencies that participate in Firearm
	2811	+	25 Owner's Identification Card revocation enforcement in the
	2812	+
	2813	+
	2814	+
	2815	+
	2816	+
	2817	+	HB5495 Enrolled - 79 - LRB103 39013 AWJ 69150 b
	2818	+
	2819	+
	2820	+	HB5495 Enrolled- 80 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 80 - LRB103 39013 AWJ 69150 b
	2821	+	HB5495 Enrolled - 80 - LRB103 39013 AWJ 69150 b
	2822	+	1 Violent Crime Intelligence Task Force may apply for grants
	2823	+	2 from the Illinois State Police.
	2824	+	3 (f) Any surplus in the Fund beyond what is necessary to
	2825	+	4 ensure compliance with subsections (a) through (e) or moneys
	2826	+	5 that are specifically appropriated for those purposes shall be
	2827	+	6 used by the Illinois State Police to award grants to assist
	2828	+	7 with the data reporting requirements of the Gun Trafficking
	2829	+	8 Information Act.
	2830	+	9 (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22;
	2831	+	10 103-34, eff. 6-9-23.)
	2832	+	11 Section 45. The School Code is amended by changing
	2833	+	12 Sections 10-27.1A and 10-27.1B as follows:
	2834	+	13 (105 ILCS 5/10-27.1A)
	2835	+	14 Sec. 10-27.1A. Firearms in schools.
	2836	+	15 (a) All school officials, including teachers, school
	2837	+	16 counselors, and support staff, shall immediately notify the
	2838	+	17 office of the principal in the event that they observe any
	2839	+	18 person in possession of a firearm on school grounds; provided
	2840	+	19 that taking such immediate action to notify the office of the
	2841	+	20 principal would not immediately endanger the health, safety,
	2842	+	21 or welfare of students who are under the direct supervision of
	2843	+	22 the school official or the school official. If the health,
	2844	+	23 safety, or welfare of students under the direct supervision of
	2845	+	24 the school official or of the school official is immediately
	2846	+
	2847	+
	2848	+
	2849	+
	2850	+
	2851	+	HB5495 Enrolled - 80 - LRB103 39013 AWJ 69150 b
	2852	+
	2853	+
	2854	+	HB5495 Enrolled- 81 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 81 - LRB103 39013 AWJ 69150 b
	2855	+	HB5495 Enrolled - 81 - LRB103 39013 AWJ 69150 b
	2856	+	1 endangered, the school official shall notify the office of the
	2857	+	2 principal as soon as the students under his or her supervision
	2858	+	3 and he or she are no longer under immediate danger. A report is
	2859	+	4 not required by this Section when the school official knows
	2860	+	5 that the person in possession of the firearm is a law
	2861	+	6 enforcement official engaged in the conduct of his or her
	2862	+	7 official duties. Any school official acting in good faith who
	2863	+	8 makes such a report under this Section shall have immunity
	2864	+	9 from any civil or criminal liability that might otherwise be
	2865	+	10 incurred as a result of making the report. The identity of the
	2866	+	11 school official making such report shall not be disclosed
	2867	+	12 except as expressly and specifically authorized by law.
	2868	+	13 Knowingly and willfully failing to comply with this Section is
	2869	+	14 a petty offense. A second or subsequent offense is a Class C
	2870	+	15 misdemeanor.
	2871	+	16 (b) Upon receiving a report from any school official
	2872	+	17 pursuant to this Section, or from any other person, the
	2873	+	18 principal or his or her designee shall immediately notify a
	2874	+	19 local law enforcement agency. If the person found to be in
	2875	+	20 possession of a firearm on school grounds is a student, the
	2876	+	21 principal or his or her designee shall also immediately notify
	2877	+	22 that student's parent or guardian. Any principal or his or her
	2878	+	23 designee acting in good faith who makes such reports under
	2879	+	24 this Section shall have immunity from any civil or criminal
	2880	+	25 liability that might otherwise be incurred or imposed as a
	2881	+	26 result of making the reports. Knowingly and willfully failing
	2882	+
	2883	+
	2884	+
	2885	+
	2886	+
	2887	+	HB5495 Enrolled - 81 - LRB103 39013 AWJ 69150 b
	2888	+
	2889	+
	2890	+	HB5495 Enrolled- 82 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 82 - LRB103 39013 AWJ 69150 b
	2891	+	HB5495 Enrolled - 82 - LRB103 39013 AWJ 69150 b
	2892	+	1 to comply with this Section is a petty offense. A second or
	2893	+	2 subsequent offense is a Class C misdemeanor. If the person
	2894	+	3 found to be in possession of the firearm on school grounds is a
	2895	+	4 minor, the law enforcement agency shall detain that minor
	2896	+	5 until such time as the agency makes a determination pursuant
	2897	+	6 to clause (a) of subsection (1) of Section 5-401 of the
	2898	+	7 Juvenile Court Act of 1987, as to whether the agency
	2899	+	8 reasonably believes that the minor is delinquent. If the law
	2900	+	9 enforcement agency determines that probable cause exists to
	2901	+	10 believe that the minor committed a violation of item (4) of
	2902	+	11 subsection (a) of Section 24-1 of the Criminal Code of 2012
	2903	+	12 while on school grounds, the agency shall detain the minor for
	2904	+	13 processing pursuant to Section 5-407 of the Juvenile Court Act
	2905	+	14 of 1987.
	2906	+	15 (c) Upon receipt of any written, electronic, or verbal
	2907	+	16 report from any school personnel regarding a verified incident
	2908	+	17 involving a firearm in a school or on school owned or leased
	2909	+	18 property, including any conveyance owned, leased, or used by
	2910	+	19 the school for the transport of students or school personnel,
	2911	+	20 the superintendent or his or her designee shall report all
	2912	+	21 such firearm-related incidents occurring in a school or on
	2913	+	22 school property to the local law enforcement authorities
	2914	+	23 immediately, who shall report to the Illinois State Police in
	2915	+	24 a form, manner, and frequency as prescribed by the Illinois
	2916	+	25 State Police.
	2917	+	26 The State Board of Education shall receive an annual
	2918	+
	2919	+
	2920	+
	2921	+
	2922	+
	2923	+	HB5495 Enrolled - 82 - LRB103 39013 AWJ 69150 b
	2924	+
	2925	+
	2926	+	HB5495 Enrolled- 83 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 83 - LRB103 39013 AWJ 69150 b
	2927	+	HB5495 Enrolled - 83 - LRB103 39013 AWJ 69150 b
	2928	+	1 statistical compilation and related data associated with
	2929	+	2 incidents involving firearms in schools from the Illinois
	2930	+	3 State Police. The State Board of Education shall compile this
	2931	+	4 information by school district and make it available to the
	2932	+	5 public.
	2933	+	6 (c-5) Schools shall report any written, electronic, or
	2934	+	7 verbal report of a verified incident involving a firearm made
	2935	+	8 under subsection (c) to the State Board of Education through
	2936	+	9 existing school incident reporting systems as they occur
	2937	+	10 during the year by no later than August 1 of each year. The
	2938	+	11 State Board of Education shall report data by school district,
	2939	+	12 as collected from school districts, and make it available to
	2940	+	13 the public via its website. The local law enforcement
	2941	+	14 authority shall, by March 1 of each year, report the required
	2942	+	15 data from the previous year to the Illinois State Police's
	2943	+	16 Illinois Uniform Crime Reporting Program, which shall be
	2944	+	17 included in its annual Crime in Illinois report.
	2945	+	18 (d) As used in this Section, the term "firearm" shall have
	2946	+	19 the meaning ascribed to it in Section 1.1 of the Firearm Owners
	2947	+	20 Identification Card Act.
	2948	+	21 As used in this Section, the term "school" means any
	2949	+	22 public or private elementary or secondary school.
	2950	+	23 As used in this Section, the term "school grounds"
	2951	+	24 includes the real property comprising any school, any
	2952	+	25 conveyance owned, leased, or contracted by a school to
	2953	+	26 transport students to or from school or a school-related
	2954	+
	2955	+
	2956	+
	2957	+
	2958	+
	2959	+	HB5495 Enrolled - 83 - LRB103 39013 AWJ 69150 b
	2960	+
	2961	+
	2962	+	HB5495 Enrolled- 84 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 84 - LRB103 39013 AWJ 69150 b
	2963	+	HB5495 Enrolled - 84 - LRB103 39013 AWJ 69150 b
	2964	+	1 activity, or any public way within 1,000 feet of the real
	2965	+	2 property comprising any school.
	2966	+	3 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
	2967	+	4 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
	2968	+	5 (105 ILCS 5/10-27.1B)
	2969	+	6 Sec. 10-27.1B. Reporting drug-related incidents in
	2970	+	7 schools.
	2971	+	8 (a) In this Section:
	2972	+	9 "Drug" means "cannabis" as defined under subsection (a) of
	2973	+	10 Section 3 of the Cannabis Control Act, "narcotic drug" as
	2974	+	11 defined under subsection (aa) of Section 102 of the Illinois
	2975	+	12 Controlled Substances Act, or "methamphetamine" as defined
	2976	+	13 under Section 10 of the Methamphetamine Control and Community
	2977	+	14 Protection Act.
	2978	+	15 "School" means any public or private elementary or
	2979	+	16 secondary school.
	2980	+	17 (b) Upon receipt of any written, electronic, or verbal
	2981	+	18 report from any school personnel regarding a verified incident
	2982	+	19 involving drugs in a school or on school owned or leased
	2983	+	20 property, including any conveyance owned, leased, or used by
	2984	+	21 the school for the transport of students or school personnel,
	2985	+	22 the superintendent or his or her designee, or other
	2986	+	23 appropriate administrative officer for a private school, shall
	2987	+	24 report all such drug-related incidents occurring in a school
	2988	+	25 or on school property to the local law enforcement authorities
	2989	+
	2990	+
	2991	+
	2992	+
	2993	+
	2994	+	HB5495 Enrolled - 84 - LRB103 39013 AWJ 69150 b
	2995	+
	2996	+
	2997	+	HB5495 Enrolled- 85 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 85 - LRB103 39013 AWJ 69150 b
	2998	+	HB5495 Enrolled - 85 - LRB103 39013 AWJ 69150 b
	2999	+	1 immediately and to the Illinois State Police in a form,
	3000	+	2 manner, and frequency as prescribed by the Illinois State
	3001	+	3 Police.
	3002	+	4 (c) (Blank). The State Board of Education shall receive an
	3003	+	5 annual statistical compilation and related data associated
	3004	+	6 with drug-related incidents in schools from the Illinois State
	3005	+	7 Police. The State Board of Education shall compile this
	3006	+	8 information by school district and make it available to the
	3007	+	9 public.
	3008	+	10 (d) Schools shall report any written, electronic, or
	3009	+	11 verbal report of an incident involving drugs made under
	3010	+	12 subsection (b) to the State Board of Education through
	3011	+	13 existing school incident reporting systems as they occur
	3012	+	14 during the year by no later than August 1 of each year. The
	3013	+	15 State Board of Education shall report data by school district,
	3014	+	16 as collected from school districts, and make it available to
	3015	+	17 the public via its website. The local law enforcement
	3016	+	18 authority shall, by March 1 of each year, report the required
	3017	+	19 data from the previous year to the Illinois State Police's
	3018	+	20 Illinois Uniform Crime Reporting Program, which shall be
	3019	+	21 included in its annual Crime in Illinois report.
	3020	+	22 (Source: P.A. 102-538, eff. 8-20-21.)
	3021	+	23 Section 50. The Illinois Insurance Code is amended by
	3022	+	24 changing Section 500-135 as follows:
	3023	+
	3024	+
	3025	+
	3026	+
	3027	+
	3028	+	HB5495 Enrolled - 85 - LRB103 39013 AWJ 69150 b
	3029	+
	3030	+
	3031	+	HB5495 Enrolled- 86 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 86 - LRB103 39013 AWJ 69150 b
	3032	+	HB5495 Enrolled - 86 - LRB103 39013 AWJ 69150 b
	3033	+	1 (215 ILCS 5/500-135)
	3034	+	2 (Section scheduled to be repealed on January 1, 2027)
	3035	+	3 Sec. 500-135. Fees.
	3036	+	4 (a) The fees required by this Article are as follows:
	3037	+	5 (1) a fee of $215 for a person who is a resident of
	3038	+	6 Illinois, and $380 for a person who is not a resident of
	3039	+	7 Illinois, payable once every 2 years for an insurance
	3040	+	8 producer license;
	3041	+	9 (2) a fee of $50 for the issuance of a temporary
	3042	+	10 insurance producer license;
	3043	+	11 (3) a fee of $150 payable once every 2 years for a
	3044	+	12 business entity;
	3045	+	13 (4) an annual $50 fee for a limited line producer
	3046	+	14 license issued under items (1) through (8) of subsection
	3047	+	15 (a) of Section 500-100;
	3048	+	16 (5) a $50 application fee for the processing of a
	3049	+	17 request to take the written examination for an insurance
	3050	+	18 producer license;
	3051	+	19 (6) an annual registration fee of $1,000 for
	3052	+	20 registration of an education provider;
	3053	+	21 (7) a certification fee of $50 for each certified
	3054	+	22 pre-licensing or continuing education course and an annual
	3055	+	23 fee of $20 for renewing the certification of each such
	3056	+	24 course;
	3057	+	25 (8) a fee of $215 for a person who is a resident of
	3058	+	26 Illinois, and $380 for a person who is not a resident of
	3059	+
	3060	+
	3061	+
	3062	+
	3063	+
	3064	+	HB5495 Enrolled - 86 - LRB103 39013 AWJ 69150 b
	3065	+
	3066	+
	3067	+	HB5495 Enrolled- 87 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 87 - LRB103 39013 AWJ 69150 b
	3068	+	HB5495 Enrolled - 87 - LRB103 39013 AWJ 69150 b
	3069	+	1 Illinois, payable once every 2 years for a car rental
	3070	+	2 limited line license;
	3071	+	3 (9) a fee of $200 payable once every 2 years for a
	3072	+	4 limited lines license other than the licenses issued under
	3073	+	5 items (1) through (8) of subsection (a) of Section
	3074	+	6 500-100, a car rental limited line license, or a
	3075	+	7 self-service storage facility limited line license;
	3076	+	8 (10) a fee of $50 payable once every 2 years for a
	3077	+	9 self-service storage facility limited line license.
	3078	+	10 (a-5) Beginning on July 1, 2021, an amount equal to the
	3079	+	11 additional amount of revenue collected under paragraphs (1)
	3080	+	12 and (8) of subsection (a) as a result of the increase in the
	3081	+	13 fees under this amendatory Act of the 102nd General Assembly
	3082	+	14 shall be transferred annually, with 10% of that amount paid
	3083	+	15 into the State Police Law Enforcement Administration Fund
	3084	+	16 State Police Training and Academy Fund and 90% of that amount
	3085	+	17 paid into the Law Enforcement Training Fund.
	3086	+	18 (b) Except as otherwise provided, all fees paid to and
	3087	+	19 collected by the Director under this Section shall be paid
	3088	+	20 promptly after receipt thereof, together with a detailed
	3089	+	21 statement of such fees, into a special fund in the State
	3090	+	22 Treasury to be known as the Insurance Producer Administration
	3091	+	23 Fund. The moneys deposited into the Insurance Producer
	3092	+	24 Administration Fund may be used only for payment of the
	3093	+	25 expenses of the Department in the execution, administration,
	3094	+	26 and enforcement of the insurance laws of this State, and shall
	3095	+
	3096	+
	3097	+
	3098	+
	3099	+
	3100	+	HB5495 Enrolled - 87 - LRB103 39013 AWJ 69150 b
	3101	+
	3102	+
	3103	+	HB5495 Enrolled- 88 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 88 - LRB103 39013 AWJ 69150 b
	3104	+	HB5495 Enrolled - 88 - LRB103 39013 AWJ 69150 b
	3105	+	1 be appropriated as otherwise provided by law for the payment
	3106	+	2 of those expenses with first priority being any expenses
	3107	+	3 incident to or associated with the administration and
	3108	+	4 enforcement of this Article.
	3109	+	5 (Source: P.A. 102-16, eff. 6-17-21.)
	3110	+	6 Section 55. The Illinois Gambling Act is amended by
	3111	+	7 changing Sections 7.7 and 22 as follows:
	3112	+	8 (230 ILCS 10/7.7)
	3113	+	9 Sec. 7.7. Organization gaming licenses.
	3114	+	10 (a) The Illinois Gaming Board shall award one organization
	3115	+	11 gaming license to each person or entity having operating
	3116	+	12 control of a racetrack that applies under Section 56 of the
	3117	+	13 Illinois Horse Racing Act of 1975, subject to the application
	3118	+	14 and eligibility requirements of this Section. Within 60 days
	3119	+	15 after the effective date of this amendatory Act of the 101st
	3120	+	16 General Assembly, a person or entity having operating control
	3121	+	17 of a racetrack may submit an application for an organization
	3122	+	18 gaming license. The application shall be made on such forms as
	3123	+	19 provided by the Board and shall contain such information as
	3124	+	20 the Board prescribes, including, but not limited to, the
	3125	+	21 identity of any racetrack at which gaming will be conducted
	3126	+	22 pursuant to an organization gaming license, detailed
	3127	+	23 information regarding the ownership and management of the
	3128	+	24 applicant, and detailed personal information regarding the
	3129	+
	3130	+
	3131	+
	3132	+
	3133	+
	3134	+	HB5495 Enrolled - 88 - LRB103 39013 AWJ 69150 b
	3135	+
	3136	+
	3137	+	HB5495 Enrolled- 89 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 89 - LRB103 39013 AWJ 69150 b
	3138	+	HB5495 Enrolled - 89 - LRB103 39013 AWJ 69150 b
	3139	+	1 applicant. The application shall specify the number of gaming
	3140	+	2 positions the applicant intends to use and the place where the
	3141	+	3 organization gaming facility will operate. A person who
	3142	+	4 knowingly makes a false statement on an application is guilty
	3143	+	5 of a Class A misdemeanor.
	3144	+	6 Each applicant shall disclose the identity of every person
	3145	+	7 or entity having a direct or indirect pecuniary interest
	3146	+	8 greater than 1% in any racetrack with respect to which the
	3147	+	9 license is sought. If the disclosed entity is a corporation,
	3148	+	10 the applicant shall disclose the names and addresses of all
	3149	+	11 officers, stockholders, and directors. If the disclosed entity
	3150	+	12 is a limited liability company, the applicant shall disclose
	3151	+	13 the names and addresses of all members and managers. If the
	3152	+	14 disclosed entity is a partnership, the applicant shall
	3153	+	15 disclose the names and addresses of all partners, both general
	3154	+	16 and limited. If the disclosed entity is a trust, the applicant
	3155	+	17 shall disclose the names and addresses of all beneficiaries.
	3156	+	18 An application shall be filed and considered in accordance
	3157	+	19 with the rules of the Board. Each application for an
	3158	+	20 organization gaming license shall include a nonrefundable
	3159	+	21 application fee of $250,000. In addition, a nonrefundable fee
	3160	+	22 of $50,000 shall be paid at the time of filing to defray the
	3161	+	23 costs associated with background investigations conducted by
	3162	+	24 the Board. If the costs of the background investigation exceed
	3163	+	25 $50,000, the applicant shall pay the additional amount to the
	3164	+	26 Board within 7 days after a request by the Board. If the costs
	3165	+
	3166	+
	3167	+
	3168	+
	3169	+
	3170	+	HB5495 Enrolled - 89 - LRB103 39013 AWJ 69150 b
	3171	+
	3172	+
	3173	+	HB5495 Enrolled- 90 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 90 - LRB103 39013 AWJ 69150 b
	3174	+	HB5495 Enrolled - 90 - LRB103 39013 AWJ 69150 b
	3175	+	1 of the investigation are less than $50,000, the applicant
	3176	+	2 shall receive a refund of the remaining amount. All
	3177	+	3 information, records, interviews, reports, statements,
	3178	+	4 memoranda, or other data supplied to or used by the Board in
	3179	+	5 the course of this review or investigation of an applicant for
	3180	+	6 an organization gaming license under this Act shall be
	3181	+	7 privileged and strictly confidential and shall be used only
	3182	+	8 for the purpose of evaluating an applicant for an organization
	3183	+	9 gaming license or a renewal. Such information, records,
	3184	+	10 interviews, reports, statements, memoranda, or other data
	3185	+	11 shall not be admissible as evidence nor discoverable in any
	3186	+	12 action of any kind in any court or before any tribunal, board,
	3187	+	13 agency or person, except for any action deemed necessary by
	3188	+	14 the Board. The application fee shall be deposited into the
	3189	+	15 State Gaming Fund.
	3190	+	16 Any applicant or key person, including the applicant's
	3191	+	17 owners, officers, directors (if a corporation), managers and
	3192	+	18 members (if a limited liability company), and partners (if a
	3193	+	19 partnership), for an organization gaming license shall submit
	3194	+	20 with his or her application, on forms provided by the Board, 2
	3195	+	21 sets of have his or her fingerprints. The board shall charge
	3196	+	22 each applicant a fee set by submitted to the Illinois State
	3197	+	23 Police to defray the costs associated with the search and
	3198	+	24 classification of fingerprints obtained by the Board with
	3199	+	25 respect to the applicant's application. The fees in an
	3200	+	26 electronic format that complies with the form and manner for
	3201	+
	3202	+
	3203	+
	3204	+
	3205	+
	3206	+	HB5495 Enrolled - 90 - LRB103 39013 AWJ 69150 b
	3207	+
	3208	+
	3209	+	HB5495 Enrolled- 91 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 91 - LRB103 39013 AWJ 69150 b
	3210	+	HB5495 Enrolled - 91 - LRB103 39013 AWJ 69150 b
	3211	+	1 requesting and furnishing criminal history record information
	3212	+	2 as prescribed by the Illinois State Police. These fingerprints
	3213	+	3 shall be checked against the Illinois State Police and Federal
	3214	+	4 Bureau of Investigation criminal history record databases now
	3215	+	5 and hereafter filed, including, but not limited to, civil,
	3216	+	6 criminal, and latent fingerprint databases. The Illinois State
	3217	+	7 Police shall charge applicants a fee for conducting the
	3218	+	8 criminal history records check, which shall be deposited into
	3219	+	9 the State Police Services Fund and shall not exceed the actual
	3220	+	10 cost of the records check. The Illinois State Police shall
	3221	+	11 furnish, pursuant to positive identification, records of
	3222	+	12 Illinois criminal history to the Illinois State Police.
	3223	+	13 (b) The Board shall determine within 120 days after
	3224	+	14 receiving an application for an organization gaming license
	3225	+	15 whether to grant an organization gaming license to the
	3226	+	16 applicant. If the Board does not make a determination within
	3227	+	17 that time period, then the Board shall give a written
	3228	+	18 explanation to the applicant as to why it has not reached a
	3229	+	19 determination and when it reasonably expects to make a
	3230	+	20 determination.
	3231	+	21 The organization gaming licensee shall purchase up to the
	3232	+	22 amount of gaming positions authorized under this Act within
	3233	+	23 120 days after receiving its organization gaming license. If
	3234	+	24 an organization gaming licensee is prepared to purchase the
	3235	+	25 gaming positions, but is temporarily prohibited from doing so
	3236	+	26 by order of a court of competent jurisdiction or the Board,
	3237	+
	3238	+
	3239	+
	3240	+
	3241	+
	3242	+	HB5495 Enrolled - 91 - LRB103 39013 AWJ 69150 b
	3243	+
	3244	+
	3245	+	HB5495 Enrolled- 92 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 92 - LRB103 39013 AWJ 69150 b
	3246	+	HB5495 Enrolled - 92 - LRB103 39013 AWJ 69150 b
	3247	+	1 then the 120-day period is tolled until a resolution is
	3248	+	2 reached.
	3249	+	3 An organization gaming license shall authorize its holder
	3250	+	4 to conduct gaming under this Act at its racetracks on the same
	3251	+	5 days of the year and hours of the day that owners licenses are
	3252	+	6 allowed to operate under approval of the Board.
	3253	+	7 An organization gaming license and any renewal of an
	3254	+	8 organization gaming license shall authorize gaming pursuant to
	3255	+	9 this Section for a period of 4 years. The fee for the issuance
	3256	+	10 or renewal of an organization gaming license shall be
	3257	+	11 $250,000.
	3258	+	12 All payments by licensees under this subsection (b) shall
	3259	+	13 be deposited into the Rebuild Illinois Projects Fund.
	3260	+	14 (c) To be eligible to conduct gaming under this Section, a
	3261	+	15 person or entity having operating control of a racetrack must
	3262	+	16 (i) obtain an organization gaming license, (ii) hold an
	3263	+	17 organization license under the Illinois Horse Racing Act of
	3264	+	18 1975, (iii) hold an inter-track wagering license, (iv) pay an
	3265	+	19 initial fee of $30,000 per gaming position from organization
	3266	+	20 gaming licensees where gaming is conducted in Cook County and,
	3267	+	21 except as provided in subsection (c-5), $17,500 for
	3268	+	22 organization gaming licensees where gaming is conducted
	3269	+	23 outside of Cook County before beginning to conduct gaming plus
	3270	+	24 make the reconciliation payment required under subsection (k),
	3271	+	25 (v) conduct live racing in accordance with subsections (e-1),
	3272	+	26 (e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act
	3273	+
	3274	+
	3275	+
	3276	+
	3277	+
	3278	+	HB5495 Enrolled - 92 - LRB103 39013 AWJ 69150 b
	3279	+
	3280	+
	3281	+	HB5495 Enrolled- 93 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 93 - LRB103 39013 AWJ 69150 b
	3282	+	HB5495 Enrolled - 93 - LRB103 39013 AWJ 69150 b
	3283	+	1 of 1975, (vi) meet the requirements of subsection (a) of
	3284	+	2 Section 56 of the Illinois Horse Racing Act of 1975, (vii) for
	3285	+	3 organization licensees conducting standardbred race meetings,
	3286	+	4 keep backstretch barns and dormitories open and operational
	3287	+	5 year-round unless a lesser schedule is mutually agreed to by
	3288	+	6 the organization licensee and the horsemen association racing
	3289	+	7 at that organization licensee's race meeting, (viii) for
	3290	+	8 organization licensees conducting thoroughbred race meetings,
	3291	+	9 the organization licensee must maintain accident medical
	3292	+	10 expense liability insurance coverage of $1,000,000 for
	3293	+	11 jockeys, and (ix) meet all other requirements of this Act that
	3294	+	12 apply to owners licensees.
	3295	+	13 An organization gaming licensee may enter into a joint
	3296	+	14 venture with a licensed owner to own, manage, conduct, or
	3297	+	15 otherwise operate the organization gaming licensee's
	3298	+	16 organization gaming facilities, unless the organization gaming
	3299	+	17 licensee has a parent company or other affiliated company that
	3300	+	18 is, directly or indirectly, wholly owned by a parent company
	3301	+	19 that is also licensed to conduct organization gaming, casino
	3302	+	20 gaming, or their equivalent in another state.
	3303	+	21 All payments by licensees under this subsection (c) shall
	3304	+	22 be deposited into the Rebuild Illinois Projects Fund.
	3305	+	23 (c-5) A person or entity having operating control of a
	3306	+	24 racetrack located in Madison County shall only pay the initial
	3307	+	25 fees specified in subsection (c) for 540 of the gaming
	3308	+	26 positions authorized under the license.
	3309	+
	3310	+
	3311	+
	3312	+
	3313	+
	3314	+	HB5495 Enrolled - 93 - LRB103 39013 AWJ 69150 b
	3315	+
	3316	+
	3317	+	HB5495 Enrolled- 94 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 94 - LRB103 39013 AWJ 69150 b
	3318	+	HB5495 Enrolled - 94 - LRB103 39013 AWJ 69150 b
	3319	+	1 (d) A person or entity is ineligible to receive an
	3320	+	2 organization gaming license if:
	3321	+	3 (1) the person or entity has been convicted of a
	3322	+	4 felony under the laws of this State, any other state, or
	3323	+	5 the United States, including a conviction under the
	3324	+	6 Racketeer Influenced and Corrupt Organizations Act;
	3325	+	7 (2) the person or entity has been convicted of any
	3326	+	8 violation of Article 28 of the Criminal Code of 2012, or
	3327	+	9 substantially similar laws of any other jurisdiction;
	3328	+	10 (3) the person or entity has submitted an application
	3329	+	11 for a license under this Act that contains false
	3330	+	12 information;
	3331	+	13 (4) the person is a member of the Board;
	3332	+	14 (5) a person defined in (1), (2), (3), or (4) of this
	3333	+	15 subsection (d) is an officer, director, or managerial
	3334	+	16 employee of the entity;
	3335	+	17 (6) the person or entity employs a person defined in
	3336	+	18 (1), (2), (3), or (4) of this subsection (d) who
	3337	+	19 participates in the management or operation of gambling
	3338	+	20 operations authorized under this Act; or
	3339	+	21 (7) a license of the person or entity issued under
	3340	+	22 this Act or a license to own or operate gambling
	3341	+	23 facilities in any other jurisdiction has been revoked.
	3342	+	24 (e) The Board may approve gaming positions pursuant to an
	3343	+	25 organization gaming license statewide as provided in this
	3344	+	26 Section. The authority to operate gaming positions under this
	3345	+
	3346	+
	3347	+
	3348	+
	3349	+
	3350	+	HB5495 Enrolled - 94 - LRB103 39013 AWJ 69150 b
	3351	+
	3352	+
	3353	+	HB5495 Enrolled- 95 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 95 - LRB103 39013 AWJ 69150 b
	3354	+	HB5495 Enrolled - 95 - LRB103 39013 AWJ 69150 b
	3355	+	1 Section shall be allocated as follows: up to 1,200 gaming
	3356	+	2 positions for any organization gaming licensee in Cook County
	3357	+	3 and up to 900 gaming positions for any organization gaming
	3358	+	4 licensee outside of Cook County.
	3359	+	5 (f) Each applicant for an organization gaming license
	3360	+	6 shall specify in its application for licensure the number of
	3361	+	7 gaming positions it will operate, up to the applicable
	3362	+	8 limitation set forth in subsection (e) of this Section. Any
	3363	+	9 unreserved gaming positions that are not specified shall be
	3364	+	10 forfeited and retained by the Board. For the purposes of this
	3365	+	11 subsection (f), an organization gaming licensee that did not
	3366	+	12 conduct live racing in 2010 and is located within 3 miles of
	3367	+	13 the Mississippi River may reserve up to 900 positions and
	3368	+	14 shall not be penalized under this Section for not operating
	3369	+	15 those positions until it meets the requirements of subsection
	3370	+	16 (e) of this Section, but such licensee shall not request
	3371	+	17 unreserved gaming positions under this subsection (f) until
	3372	+	18 its 900 positions are all operational.
	3373	+	19 Thereafter, the Board shall publish the number of
	3374	+	20 unreserved gaming positions and shall accept requests for
	3375	+	21 additional positions from any organization gaming licensee
	3376	+	22 that initially reserved all of the positions that were
	3377	+	23 offered. The Board shall allocate expeditiously the unreserved
	3378	+	24 gaming positions to requesting organization gaming licensees
	3379	+	25 in a manner that maximizes revenue to the State. The Board may
	3380	+	26 allocate any such unused gaming positions pursuant to an open
	3381	+
	3382	+
	3383	+
	3384	+
	3385	+
	3386	+	HB5495 Enrolled - 95 - LRB103 39013 AWJ 69150 b
	3387	+
	3388	+
	3389	+	HB5495 Enrolled- 96 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 96 - LRB103 39013 AWJ 69150 b
	3390	+	HB5495 Enrolled - 96 - LRB103 39013 AWJ 69150 b
	3391	+	1 and competitive bidding process, as provided under Section 7.5
	3392	+	2 of this Act. This process shall continue until all unreserved
	3393	+	3 gaming positions have been purchased. All positions obtained
	3394	+	4 pursuant to this process and all positions the organization
	3395	+	5 gaming licensee specified it would operate in its application
	3396	+	6 must be in operation within 18 months after they were obtained
	3397	+	7 or the organization gaming licensee forfeits the right to
	3398	+	8 operate those positions, but is not entitled to a refund of any
	3399	+	9 fees paid. The Board may, after holding a public hearing,
	3400	+	10 grant extensions so long as the organization gaming licensee
	3401	+	11 is working in good faith to make the positions operational.
	3402	+	12 The extension may be for a period of 6 months. If, after the
	3403	+	13 period of the extension, the organization gaming licensee has
	3404	+	14 not made the positions operational, then another public
	3405	+	15 hearing must be held by the Board before it may grant another
	3406	+	16 extension.
	3407	+	17 Unreserved gaming positions retained from and allocated to
	3408	+	18 organization gaming licensees by the Board pursuant to this
	3409	+	19 subsection (f) shall not be allocated to owners licensees
	3410	+	20 under this Act.
	3411	+	21 For the purpose of this subsection (f), the unreserved
	3412	+	22 gaming positions for each organization gaming licensee shall
	3413	+	23 be the applicable limitation set forth in subsection (e) of
	3414	+	24 this Section, less the number of reserved gaming positions by
	3415	+	25 such organization gaming licensee, and the total unreserved
	3416	+	26 gaming positions shall be the aggregate of the unreserved
	3417	+
	3418	+
	3419	+
	3420	+
	3421	+
	3422	+	HB5495 Enrolled - 96 - LRB103 39013 AWJ 69150 b
	3423	+
	3424	+
	3425	+	HB5495 Enrolled- 97 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 97 - LRB103 39013 AWJ 69150 b
	3426	+	HB5495 Enrolled - 97 - LRB103 39013 AWJ 69150 b
	3427	+	1 gaming positions for all organization gaming licensees.
	3428	+	2 (g) An organization gaming licensee is authorized to
	3429	+	3 conduct the following at a racetrack:
	3430	+	4 (1) slot machine gambling;
	3431	+	5 (2) video game of chance gambling;
	3432	+	6 (3) gambling with electronic gambling games as defined
	3433	+	7 in this Act or defined by the Illinois Gaming Board; and
	3434	+	8 (4) table games.
	3435	+	9 (h) Subject to the approval of the Illinois Gaming Board,
	3436	+	10 an organization gaming licensee may make modification or
	3437	+	11 additions to any existing buildings and structures to comply
	3438	+	12 with the requirements of this Act. The Illinois Gaming Board
	3439	+	13 shall make its decision after consulting with the Illinois
	3440	+	14 Racing Board. In no case, however, shall the Illinois Gaming
	3441	+	15 Board approve any modification or addition that alters the
	3442	+	16 grounds of the organization licensee such that the act of live
	3443	+	17 racing is an ancillary activity to gaming authorized under
	3444	+	18 this Section. Gaming authorized under this Section may take
	3445	+	19 place in existing structures where inter-track wagering is
	3446	+	20 conducted at the racetrack or a facility within 300 yards of
	3447	+	21 the racetrack in accordance with the provisions of this Act
	3448	+	22 and the Illinois Horse Racing Act of 1975.
	3449	+	23 (i) An organization gaming licensee may conduct gaming at
	3450	+	24 a temporary facility pending the construction of a permanent
	3451	+	25 facility or the remodeling or relocation of an existing
	3452	+	26 facility to accommodate gaming participants for up to 24
	3453	+
	3454	+
	3455	+
	3456	+
	3457	+
	3458	+	HB5495 Enrolled - 97 - LRB103 39013 AWJ 69150 b
	3459	+
	3460	+
	3461	+	HB5495 Enrolled- 98 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 98 - LRB103 39013 AWJ 69150 b
	3462	+	HB5495 Enrolled - 98 - LRB103 39013 AWJ 69150 b
	3463	+	1 months after the temporary facility begins to conduct gaming
	3464	+	2 authorized under this Section. Upon request by an organization
	3465	+	3 gaming licensee and upon a showing of good cause by the
	3466	+	4 organization gaming licensee, the Board shall extend the
	3467	+	5 period during which the licensee may conduct gaming authorized
	3468	+	6 under this Section at a temporary facility by up to 12 months.
	3469	+	7 The Board shall make rules concerning the conduct of gaming
	3470	+	8 authorized under this Section from temporary facilities.
	3471	+	9 The gaming authorized under this Section may take place in
	3472	+	10 existing structures where inter-track wagering is conducted at
	3473	+	11 the racetrack or a facility within 300 yards of the racetrack
	3474	+	12 in accordance with the provisions of this Act and the Illinois
	3475	+	13 Horse Racing Act of 1975.
	3476	+	14 (i-5) Under no circumstances shall an organization gaming
	3477	+	15 licensee conduct gaming at any State or county fair.
	3478	+	16 (j) The Illinois Gaming Board must adopt emergency rules
	3479	+	17 in accordance with Section 5-45 of the Illinois Administrative
	3480	+	18 Procedure Act as necessary to ensure compliance with the
	3481	+	19 provisions of this amendatory Act of the 101st General
	3482	+	20 Assembly concerning the conduct of gaming by an organization
	3483	+	21 gaming licensee. The adoption of emergency rules authorized by
	3484	+	22 this subsection (j) shall be deemed to be necessary for the
	3485	+	23 public interest, safety, and welfare.
	3486	+	24 (k) Each organization gaming licensee who obtains gaming
	3487	+	25 positions must make a reconciliation payment 3 years after the
	3488	+	26 date the organization gaming licensee begins operating the
	3489	+
	3490	+
	3491	+
	3492	+
	3493	+
	3494	+	HB5495 Enrolled - 98 - LRB103 39013 AWJ 69150 b
	3495	+
	3496	+
	3497	+	HB5495 Enrolled- 99 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 99 - LRB103 39013 AWJ 69150 b
	3498	+	HB5495 Enrolled - 99 - LRB103 39013 AWJ 69150 b
	3499	+	1 positions in an amount equal to 75% of the difference between
	3500	+	2 its adjusted gross receipts from gaming authorized under this
	3501	+	3 Section and amounts paid to its purse accounts pursuant to
	3502	+	4 item (1) of subsection (b) of Section 56 of the Illinois Horse
	3503	+	5 Racing Act of 1975 for the 12-month period for which such
	3504	+	6 difference was the largest, minus an amount equal to the
	3505	+	7 initial per position fee paid by the organization gaming
	3506	+	8 licensee. If this calculation results in a negative amount,
	3507	+	9 then the organization gaming licensee is not entitled to any
	3508	+	10 reimbursement of fees previously paid. This reconciliation
	3509	+	11 payment may be made in installments over a period of no more
	3510	+	12 than 6 years.
	3511	+	13 All payments by licensees under this subsection (k) shall
	3512	+	14 be deposited into the Rebuild Illinois Projects Fund.
	3513	+	15 (l) As soon as practical after a request is made by the
	3514	+	16 Illinois Gaming Board, to minimize duplicate submissions by
	3515	+	17 the applicant, the Illinois Racing Board must provide
	3516	+	18 information on an applicant for an organization gaming license
	3517	+	19 to the Illinois Gaming Board.
	3518	+	20 (Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19;
	3519	+	21 101-648, eff. 6-30-20; 102-538, eff. 8-20-21.)
	3520	+	22 (230 ILCS 10/22) (from Ch. 120, par. 2422)
	3521	+	23 Sec. 22. Criminal history record information. Whenever the
	3522	+	24 Board is authorized or required by law, including, but not
	3523	+	25 limited to, requirements under Sections 6, 7, 7.4, 7.7, and 9
	3524	+
	3525	+
	3526	+
	3527	+
	3528	+
	3529	+	HB5495 Enrolled - 99 - LRB103 39013 AWJ 69150 b
	3530	+
	3531	+
	3532	+	HB5495 Enrolled- 100 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 100 - LRB103 39013 AWJ 69150 b
	3533	+	HB5495 Enrolled - 100 - LRB103 39013 AWJ 69150 b
	3534	+	1 of this Act, to consider some aspect of criminal history
	3535	+	2 record information for the purpose of carrying out its
	3536	+	3 statutory powers and responsibilities, the Board shall, in the
	3537	+	4 form and manner required by the Illinois State Police and the
	3538	+	5 Federal Bureau of Investigation, cause to be conducted a
	3539	+	6 criminal history record investigation to obtain any
	3540	+	7 information currently or thereafter contained in the files of
	3541	+	8 the Illinois State Police or the Federal Bureau of
	3542	+	9 Investigation, including, but not limited to, civil, criminal,
	3543	+	10 and latent fingerprint databases. To facilitate this
	3544	+	11 investigation, the Board shall direct each Each applicant for
	3545	+	12 occupational licensing under sections 6, 7, 7.4, 7.7, and
	3546	+	13 Section 9 or key person as defined by the Board in
	3547	+	14 administrative rules to shall submit his or her fingerprints
	3548	+	15 to the Illinois State Police in the form and manner prescribed
	3549	+	16 by the Illinois State Police. These fingerprints shall be
	3550	+	17 checked against the fingerprint records now and hereafter
	3551	+	18 filed in the Illinois State Police and Federal Bureau of
	3552	+	19 Investigation criminal history records databases, including,
	3553	+	20 but not limited to, civil, criminal, and latent fingerprint
	3554	+	21 databases. The Illinois State Police shall charge a fee for
	3555	+	22 conducting the criminal history records check, which shall be
	3556	+	23 deposited in the State Police Services Fund and shall not
	3557	+	24 exceed the actual cost of the records check. The Illinois
	3558	+	25 State Police shall provide, on the Board's request,
	3559	+	26 information concerning any criminal charges, and their
	3560	+
	3561	+
	3562	+
	3563	+
	3564	+
	3565	+	HB5495 Enrolled - 100 - LRB103 39013 AWJ 69150 b
	3566	+
	3567	+
	3568	+	HB5495 Enrolled- 101 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 101 - LRB103 39013 AWJ 69150 b
	3569	+	HB5495 Enrolled - 101 - LRB103 39013 AWJ 69150 b
	3570	+	1 disposition, currently or thereafter filed against any
	3571	+	2 applicant, key person, or holder of any license or for
	3572	+	3 determinations of suitability. Information obtained as a
	3573	+	4 result of an investigation under this Section shall be used in
	3574	+	5 determining eligibility for any license. Upon request and
	3575	+	6 payment of fees in conformance with the requirements of
	3576	+	7 Section 2605-400 of the Illinois State Police Law, the
	3577	+	8 Illinois State Police is authorized to furnish, pursuant to
	3578	+	9 positive identification, such information contained in State
	3579	+	10 files as is necessary to fulfill the request.
	3580	+	11 (Source: P.A. 101-597, eff. 12-6-19; 102-538, eff. 8-20-21.)
	3581	+	12 Section 60. The Firearm Owners Identification Card Act is
	3582	+	13 amended by changing Section 5 as follows
	3583	+	14 (430 ILCS 65/5) (from Ch. 38, par. 83-5)
	3584	+	15 Sec. 5. Application and renewal.
	3585	+	16 (a) The Illinois State Police shall either approve or deny
	3586	+	17 all applications within 30 days from the date they are
	3587	+	18 received, except as provided in subsections (b) and (c), and
	3588	+	19 every applicant found qualified under Section 8 of this Act by
	3589	+	20 the Illinois State Police shall be entitled to a Firearm
	3590	+	21 Owner's Identification Card upon the payment of a $10 fee and
	3591	+	22 applicable processing fees. The processing fees shall be
	3592	+	23 limited to charges by the State Treasurer for using the
	3593	+	24 electronic online payment system. Any applicant who is an
	3594	+
	3595	+
	3596	+
	3597	+
	3598	+
	3599	+	HB5495 Enrolled - 101 - LRB103 39013 AWJ 69150 b
	3600	+
	3601	+
	3602	+	HB5495 Enrolled- 102 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 102 - LRB103 39013 AWJ 69150 b
	3603	+	HB5495 Enrolled - 102 - LRB103 39013 AWJ 69150 b
	3604	+	1 active duty member of the Armed Forces of the United States, a
	3605	+	2 member of the Illinois National Guard, or a member of the
	3606	+	3 Reserve Forces of the United States is exempt from the
	3607	+	4 application fee. $5 of each fee derived from the issuance of a
	3608	+	5 Firearm Owner's Identification Card or renewals thereof shall
	3609	+	6 be deposited in the State Police Firearm Services Fund and $5
	3610	+	7 into the State Police Firearm Revocation Enforcement Fund.
	3611	+	8 (b) Renewal applications shall be approved or denied
	3612	+	9 within 60 business days, provided the applicant submitted his
	3613	+	10 or her renewal application prior to the expiration of his or
	3614	+	11 her Firearm Owner's Identification Card. If a renewal
	3615	+	12 application has been submitted prior to the expiration date of
	3616	+	13 the applicant's Firearm Owner's Identification Card, the
	3617	+	14 Firearm Owner's Identification Card shall remain valid while
	3618	+	15 the Illinois State Police processes the application, unless
	3619	+	16 the person is subject to or becomes subject to revocation
	3620	+	17 under this Act. The cost for a renewal application shall be $10
	3621	+	18 and may include applicable processing fees, which shall be
	3622	+	19 limited to charges by the State Treasurer for using the
	3623	+	20 electronic online payment system, which shall be deposited
	3624	+	21 into the State Police Firearm Services Fund.
	3625	+	22 (c) If the Firearm Owner's Identification Card of a
	3626	+	23 licensee under the Firearm Concealed Carry Act expires during
	3627	+	24 the term of the licensee's concealed carry license, the
	3628	+	25 Firearm Owner's Identification Card and the license remain
	3629	+	26 valid and the licensee does not have to renew his or her
	3630	+
	3631	+
	3632	+
	3633	+
	3634	+
	3635	+	HB5495 Enrolled - 102 - LRB103 39013 AWJ 69150 b
	3636	+
	3637	+
	3638	+	HB5495 Enrolled- 103 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 103 - LRB103 39013 AWJ 69150 b
	3639	+	HB5495 Enrolled - 103 - LRB103 39013 AWJ 69150 b
	3640	+	1 Firearm Owner's Identification Card during the duration of the
	3641	+	2 concealed carry license. Unless the Illinois State Police has
	3642	+	3 reason to believe the licensee is no longer eligible for the
	3643	+	4 card, the Illinois State Police may automatically renew the
	3644	+	5 licensee's Firearm Owner's Identification Card and send a
	3645	+	6 renewed Firearm Owner's Identification Card to the licensee.
	3646	+	7 (d) The Illinois State Police may adopt rules concerning
	3647	+	8 the use of voluntarily submitted fingerprints, as allowed by
	3648	+	9 State and federal law.
	3649	+	10 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
	3650	+	11 102-813, eff. 5-13-22.)
	3651	+	12 Section 65. The Criminal Code of 2012 is amended by
	3652	+	13 changing Sections 29B-7 and 29B-12 as follows:
	3653	+	14 (720 ILCS 5/29B-7)
	3654	+	15 Sec. 29B-7. Safekeeping of seized property pending
	3655	+	16 disposition.
	3656	+	17 (a) If property is seized under this Article, the seizing
	3657	+	18 agency shall promptly conduct an inventory of the seized
	3658	+	19 property and estimate the property's value and shall forward a
	3659	+	20 copy of the inventory of seized property and the estimate of
	3660	+	21 the property's value to the Director. Upon receiving notice of
	3661	+	22 seizure, the Director may:
	3662	+	23 (1) place the property under seal;
	3663	+	24 (2) remove the property to a place designated by the
	3664	+
	3665	+
	3666	+
	3667	+
	3668	+
	3669	+	HB5495 Enrolled - 103 - LRB103 39013 AWJ 69150 b
	3670	+
	3671	+
	3672	+	HB5495 Enrolled- 104 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 104 - LRB103 39013 AWJ 69150 b
	3673	+	HB5495 Enrolled - 104 - LRB103 39013 AWJ 69150 b
	3674	+	1 Director;
	3675	+	2 (3) keep the property in the possession of the seizing
	3676	+	3 agency;
	3677	+	4 (4) remove the property to a storage area for
	3678	+	5 safekeeping or, if the property is a negotiable instrument
	3679	+	6 or money and is not needed for evidentiary purposes,
	3680	+	7 deposit it in an interest bearing account;
	3681	+	8 (5) place the property under constructive seizure by
	3682	+	9 posting notice of pending forfeiture on it, by giving
	3683	+	10 notice of pending forfeiture to its owners and interest
	3684	+	11 holders, or by filing notice of pending forfeiture in any
	3685	+	12 appropriate public record relating to the property; or
	3686	+	13 (6) provide for another agency or custodian, including
	3687	+	14 an owner, secured party, or lienholder, to take custody of
	3688	+	15 the property upon the terms and conditions set by the
	3689	+	16 Director.
	3690	+	17 (b) When property is forfeited under this Article, the
	3691	+	18 Director or the Director's designee shall sell all the
	3692	+	19 property unless the property is required by law to be
	3693	+	20 destroyed or is harmful to the public and shall distribute the
	3694	+	21 proceeds of the sale, together with any moneys forfeited or
	3695	+	22 seized, under Section 29B-26 of this Article.
	3696	+	23 (Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
	3697	+	24 (720 ILCS 5/29B-12)
	3698	+	25 Sec. 29B-12. Non-judicial forfeiture. If non-real
	3699	+
	3700	+
	3701	+
	3702	+
	3703	+
	3704	+	HB5495 Enrolled - 104 - LRB103 39013 AWJ 69150 b
	3705	+
	3706	+
	3707	+	HB5495 Enrolled- 105 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 105 - LRB103 39013 AWJ 69150 b
	3708	+	HB5495 Enrolled - 105 - LRB103 39013 AWJ 69150 b
	3709	+	1 property that exceeds $20,000 in value excluding the value of
	3710	+	2 any conveyance, or if real property is seized under the
	3711	+	3 provisions of this Article, the State's Attorney shall
	3712	+	4 institute judicial in rem forfeiture proceedings as described
	3713	+	5 in Section 29B-13 of this Article within 28 days from receipt
	3714	+	6 of notice of seizure from the seizing agency under Section
	3715	+	7 29B-8 of this Article. However, if non-real property that does
	3716	+	8 not exceed $20,000 in value excluding the value of any
	3717	+	9 conveyance is seized, the following procedure shall be used:
	3718	+	10 (1) If, after review of the facts surrounding the
	3719	+	11 seizure, the State's Attorney is of the opinion that the
	3720	+	12 seized property is subject to forfeiture, then, within 28
	3721	+	13 days after the receipt of notice of seizure from the
	3722	+	14 seizing agency, the State's Attorney shall cause notice of
	3723	+	15 pending forfeiture to be given to the owner of the
	3724	+	16 property and all known interest holders of the property in
	3725	+	17 accordance with Section 29B-10 of this Article.
	3726	+	18 (2) The notice of pending forfeiture shall include a
	3727	+	19 description of the property, the estimated value of the
	3728	+	20 property, the date and place of seizure, the conduct
	3729	+	21 giving rise to forfeiture or the violation of law alleged,
	3730	+	22 and a summary of procedures and procedural rights
	3731	+	23 applicable to the forfeiture action.
	3732	+	24 (3)(A) Any person claiming an interest in property
	3733	+	25 that is the subject of notice under paragraph (1) of this
	3734	+	26 Section, must, in order to preserve any rights or claims
	3735	+
	3736	+
	3737	+
	3738	+
	3739	+
	3740	+	HB5495 Enrolled - 105 - LRB103 39013 AWJ 69150 b
	3741	+
	3742	+
	3743	+	HB5495 Enrolled- 106 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 106 - LRB103 39013 AWJ 69150 b
	3744	+	HB5495 Enrolled - 106 - LRB103 39013 AWJ 69150 b
	3745	+	1 to the property, within 45 days after the effective date
	3746	+	2 of notice as described in Section 29B-10 of this Article,
	3747	+	3 file a verified claim with the State's Attorney expressing
	3748	+	4 his or her interest in the property. The claim shall set
	3749	+	5 forth:
	3750	+	6 (i) the caption of the proceedings as set forth on
	3751	+	7 the notice of pending forfeiture and the name of the
	3752	+	8 claimant;
	3753	+	9 (ii) the address at which the claimant will accept
	3754	+	10 mail;
	3755	+	11 (iii) the nature and extent of the claimant's
	3756	+	12 interest in the property;
	3757	+	13 (iv) the date, identity of the transferor, and
	3758	+	14 circumstances of the claimant's acquisition of the
	3759	+	15 interest in the property;
	3760	+	16 (v) the names and addresses of all other persons
	3761	+	17 known to have an interest in the property;
	3762	+	18 (vi) the specific provision of law relied on in
	3763	+	19 asserting the property is not subject to forfeiture;
	3764	+	20 (vii) all essential facts supporting each
	3765	+	21 assertion; and
	3766	+	22 (viii) the relief sought.
	3767	+	23 (B) If a claimant files the claim, then the State's
	3768	+	24 Attorney shall institute judicial in rem forfeiture
	3769	+	25 proceedings with the clerk of the court as described in
	3770	+	26 Section 29B-13 of this Article within 28 days after
	3771	+
	3772	+
	3773	+
	3774	+
	3775	+
	3776	+	HB5495 Enrolled - 106 - LRB103 39013 AWJ 69150 b
	3777	+
	3778	+
	3779	+	HB5495 Enrolled- 107 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 107 - LRB103 39013 AWJ 69150 b
	3780	+	HB5495 Enrolled - 107 - LRB103 39013 AWJ 69150 b
	3781	+	1 receipt of the claim.
	3782	+	2 (4) If no claim is filed within the 28-day period as
	3783	+	3 described in paragraph (3) of this Section, the State's
	3784	+	4 Attorney shall declare the property forfeited and shall
	3785	+	5 promptly notify the owner and all known interest holders
	3786	+	6 of the property and the Director of the Illinois State
	3787	+	7 Police of the declaration of forfeiture and the Director
	3788	+	8 or the Director's designee shall dispose of the property
	3789	+	9 in accordance with law.
	3790	+	10 (Source: P.A. 102-538, eff. 8-20-21.)
	3791	+	11 Section 70. The Drug Asset Forfeiture Procedure Act is
	3792	+	12 amended by changing Section 6 as follows:
	3793	+	13 (725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
	3794	+	14 Sec. 6. Non-judicial forfeiture. If non-real property that
	3795	+	15 exceeds $150,000 in value excluding the value of any
	3796	+	16 conveyance, or if real property is seized under the provisions
	3797	+	17 of the Illinois Controlled Substances Act, the Cannabis
	3798	+	18 Control Act, or the Methamphetamine Control and Community
	3799	+	19 Protection Act, the State's Attorney shall institute judicial
	3800	+	20 in rem forfeiture proceedings as described in Section 9 of
	3801	+	21 this Act within 28 days from receipt of notice of seizure from
	3802	+	22 the seizing agency under Section 5 of this Act. However, if
	3803	+	23 non-real property that does not exceed $150,000 in value
	3804	+	24 excluding the value of any conveyance is seized, the following
	3805	+
	3806	+
	3807	+
	3808	+
	3809	+
	3810	+	HB5495 Enrolled - 107 - LRB103 39013 AWJ 69150 b
	3811	+
	3812	+
	3813	+	HB5495 Enrolled- 108 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 108 - LRB103 39013 AWJ 69150 b
	3814	+	HB5495 Enrolled - 108 - LRB103 39013 AWJ 69150 b
	3815	+	1 procedure shall be used:
	3816	+	2 (A) If, after review of the facts surrounding the
	3817	+	3 seizure, the State's Attorney is of the opinion that the
	3818	+	4 seized property is subject to forfeiture, then, within 28
	3819	+	5 days of the receipt of notice of seizure from the seizing
	3820	+	6 agency, the State's Attorney shall cause notice of pending
	3821	+	7 forfeiture to be given to the owner of the property and all
	3822	+	8 known interest holders of the property in accordance with
	3823	+	9 Section 4 of this Act.
	3824	+	10 (B) The notice of pending forfeiture must include a
	3825	+	11 description of the property, the estimated value of the
	3826	+	12 property, the date and place of seizure, the conduct
	3827	+	13 giving rise to forfeiture or the violation of law alleged,
	3828	+	14 and a summary of procedures and procedural rights
	3829	+	15 applicable to the forfeiture action.
	3830	+	16 (C)(1) Any person claiming an interest in property
	3831	+	17 which is the subject of notice under subsection (A) of
	3832	+	18 this Section may, within 45 days after the effective date
	3833	+	19 of notice as described in Section 4 of this Act, file a
	3834	+	20 verified claim with the State's Attorney expressing his or
	3835	+	21 her interest in the property. The claim must set forth:
	3836	+	22 (i) the caption of the proceedings as set forth on
	3837	+	23 the notice of pending forfeiture and the name of the
	3838	+	24 claimant;
	3839	+	25 (ii) the address at which the claimant will accept
	3840	+	26 mail;
	3841	+
	3842	+
	3843	+
	3844	+
	3845	+
	3846	+	HB5495 Enrolled - 108 - LRB103 39013 AWJ 69150 b
	3847	+
	3848	+
	3849	+	HB5495 Enrolled- 109 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 109 - LRB103 39013 AWJ 69150 b
	3850	+	HB5495 Enrolled - 109 - LRB103 39013 AWJ 69150 b
	3851	+	1 (iii) the nature and extent of the claimant's
	3852	+	2 interest in the property;
	3853	+	3 (iv) the date, identity of the transferor, and
	3854	+	4 circumstances of the claimant's acquisition of the
	3855	+	5 interest in the property;
	3856	+	6 (v) the names and addresses of all other persons
	3857	+	7 known to have an interest in the property;
	3858	+	8 (vi) the specific provision of law relied on in
	3859	+	9 asserting the property is not subject to forfeiture;
	3860	+	10 (vii) all essential facts supporting each
	3861	+	11 assertion; and
	3862	+	12 (viii) the relief sought.
	3863	+	13 (2) If a claimant files the claim then the State's
	3864	+	14 Attorney shall institute judicial in rem forfeiture
	3865	+	15 proceedings within 28 days after receipt of the claim.
	3866	+	16 (D) If no claim is filed within the 45-day period as
	3867	+	17 described in subsection (C) of this Section, the State's
	3868	+	18 Attorney shall declare the property forfeited and shall
	3869	+	19 promptly notify the owner and all known interest holders
	3870	+	20 of the property and the Director of the Illinois State
	3871	+	21 Police of the declaration of forfeiture and the Director
	3872	+	22 or the Director's designee shall dispose of the property
	3873	+	23 in accordance with law.
	3874	+	24 (Source: P.A. 102-538, eff. 8-20-21.)
	3875	+	25 Section 75. The Unified Code of Corrections is amended by
	3876	+
	3877	+
	3878	+
	3879	+
	3880	+
	3881	+	HB5495 Enrolled - 109 - LRB103 39013 AWJ 69150 b
	3882	+
	3883	+
	3884	+	HB5495 Enrolled- 110 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 110 - LRB103 39013 AWJ 69150 b
	3885	+	HB5495 Enrolled - 110 - LRB103 39013 AWJ 69150 b
	3886	+	1 changing Section 5-5.5-5 as follows:
	3887	+	2 (730 ILCS 5/5-5.5-5)
	3888	+	3 Sec. 5-5.5-5. Definition. In this Article, "eligible
	3889	+	4 offender" means a person who has been convicted of a crime in
	3890	+	5 this State or of an offense in any other jurisdiction that does
	3891	+	6 not include any offense or attempted offense that would
	3892	+	7 subject a person to registration under the Sex Offender
	3893	+	8 Registration Act, Arsonist Registry Act the Arsonist
	3894	+	9 Registration Act, or the Murderer and Violent Offender Against
	3895	+	10 Youth Registration Act. "Eligible offender" does not include a
	3896	+	11 person who has been convicted of arson, aggravated arson,
	3897	+	12 kidnapping, aggravated kidnaping, aggravated driving under the
	3898	+	13 influence of alcohol, other drug or drugs, or intoxicating
	3899	+	14 compound or compounds, or any combination thereof, or
	3900	+	15 aggravated domestic battery.
	3901	+	16 (Source: P.A. 99-381, eff. 1-1-16; 99-642, eff. 7-28-16.)
	3902	+	17 Section 80. The Arsonist Registration Act is amended by
	3903	+	18 changing Sections 1, 5, 10, 60, and 75 as follows:
	3904	+	19 (730 ILCS 148/1)
	3905	+	20 Sec. 1. Short title. This Act may be cited as the Arsonist
	3906	+	21 Registry Registration Act.
	3907	+	22 (Source: P.A. 93-949, eff. 1-1-05.)
	3908	+
	3909	+
	3910	+
	3911	+
	3912	+
	3913	+	HB5495 Enrolled - 110 - LRB103 39013 AWJ 69150 b
	3914	+
	3915	+
	3916	+	HB5495 Enrolled- 111 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 111 - LRB103 39013 AWJ 69150 b
	3917	+	HB5495 Enrolled - 111 - LRB103 39013 AWJ 69150 b
	3918	+	1 (730 ILCS 148/5)
	3919	+	2 Sec. 5. Definitions. In this Act:
	3920	+	3 (a) "Arsonist" means any person who is:
	3921	+	4 (1) charged under Illinois law, or any substantially
	3922	+	5 similar federal, Uniform Code of Military Justice, sister
	3923	+	6 state, or foreign country law, with an arson offense, set
	3924	+	7 forth in subsection (b) of this Section or the attempt to
	3925	+	8 commit an included arson offense, and:
	3926	+	9 (i) is convicted of such offense or an attempt to
	3927	+	10 commit such offense; or
	3928	+	11 (ii) is found not guilty by reason of insanity of
	3929	+	12 such offense or an attempt to commit such offense; or
	3930	+	13 (iii) is found not guilty by reason of insanity
	3931	+	14 under subsection (c) of Section 104-25 of the Code of
	3932	+	15 Criminal Procedure of 1963 of such offense or an
	3933	+	16 attempt to commit such offense; or
	3934	+	17 (iv) is the subject of a finding not resulting in
	3935	+	18 an acquittal at a hearing conducted under subsection
	3936	+	19 (a) of Section 104-25 of the Code of Criminal
	3937	+	20 Procedure of 1963 for the alleged commission or
	3938	+	21 attempted commission of such offense; or
	3939	+	22 (v) is found not guilty by reason of insanity
	3940	+	23 following a hearing conducted under a federal, Uniform
	3941	+	24 Code of Military Justice, sister state, or foreign
	3942	+	25 country law substantially similar to subsection (c) of
	3943	+	26 Section 104-25 of the Code of Criminal Procedure of
	3944	+
	3945	+
	3946	+
	3947	+
	3948	+
	3949	+	HB5495 Enrolled - 111 - LRB103 39013 AWJ 69150 b
	3950	+
	3951	+
	3952	+	HB5495 Enrolled- 112 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 112 - LRB103 39013 AWJ 69150 b
	3953	+	HB5495 Enrolled - 112 - LRB103 39013 AWJ 69150 b
	3954	+	1 1963 of such offense or of the attempted commission of
	3955	+	2 such offense; or
	3956	+	3 (vi) is the subject of a finding not resulting in
	3957	+	4 an acquittal at a hearing conducted under a federal,
	3958	+	5 Uniform Code of Military Justice, sister state, or
	3959	+	6 foreign country law substantially similar to
	3960	+	7 subsection (a) of Section 104-25 of the Code of
	3961	+	8 Criminal Procedure of 1963 for the alleged violation
	3962	+	9 or attempted commission of such offense;
	3963	+	10 (2) a minor who has been tried and convicted in an
	3964	+	11 adult criminal prosecution as the result of committing or
	3965	+	12 attempting to commit an offense specified in subsection
	3966	+	13 (b) of this Section or a violation of any substantially
	3967	+	14 similar federal, Uniform Code of Military Justice, sister
	3968	+	15 state, or foreign country law. Convictions that result
	3969	+	16 from or are connected with the same act, or result from
	3970	+	17 offenses committed at the same time, shall be counted for
	3971	+	18 the purpose of this Act as one conviction. Any conviction
	3972	+	19 set aside under law is not a conviction for purposes of
	3973	+	20 this Act.
	3974	+	21 (b) "Arson offense" means:
	3975	+	22 (1) A conviction violation of any of the following
	3976	+	23 Sections of the Criminal Code of 1961 or the Criminal Code
	3977	+	24 of 2012:
	3978	+	25 (i) 20-1 (arson; residential arson; place of
	3979	+	26 worship arson),
	3980	+
	3981	+
	3982	+
	3983	+
	3984	+
	3985	+	HB5495 Enrolled - 112 - LRB103 39013 AWJ 69150 b
	3986	+
	3987	+
	3988	+	HB5495 Enrolled- 113 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 113 - LRB103 39013 AWJ 69150 b
	3989	+	HB5495 Enrolled - 113 - LRB103 39013 AWJ 69150 b
	3990	+	1 (ii) 20-1.1 (aggravated arson),
	3991	+	2 (iii) 20-1(b) or 20-1.2 (residential arson),
	3992	+	3 (iv) 20-1(b-5) or 20-1.3 (place of worship arson),
	3993	+	4 (v) 20-2 (possession of explosives or explosive or
	3994	+	5 incendiary devices), or
	3995	+	6 (vi) An attempt to commit any of the offenses
	3996	+	7 listed in clauses (i) through (v).
	3997	+	8 (2) A violation of any former law of this State
	3998	+	9 substantially equivalent to any offense listed in
	3999	+	10 subsection (b) of this Section.
	4000	+	11 (c) A conviction for an offense of federal law, Uniform
	4001	+	12 Code of Military Justice, or the law of another state or a
	4002	+	13 foreign country that is substantially equivalent to any
	4003	+	14 offense listed in subsection (b) of this Section shall
	4004	+	15 constitute a conviction for the purpose of this Act.
	4005	+	16 (d) "Law enforcement agency having jurisdiction" means the
	4006	+	17 Chief of Police in each of the municipalities in which the
	4007	+	18 arsonist expects to reside, work, or attend school (1) upon
	4008	+	19 his or her discharge, parole or release or (2) during the
	4009	+	20 service of his or her sentence of probation or conditional
	4010	+	21 discharge, or the Sheriff of the county, in the event no Police
	4011	+	22 Chief exists or if the offender intends to reside, work, or
	4012	+	23 attend school in an unincorporated area. "Law enforcement
	4013	+	24 agency having jurisdiction" includes the location where
	4014	+	25 out-of-state students attend school and where out-of-state
	4015	+	26 employees are employed or are otherwise required to register.
	4016	+
	4017	+
	4018	+
	4019	+
	4020	+
	4021	+	HB5495 Enrolled - 113 - LRB103 39013 AWJ 69150 b
	4022	+
	4023	+
	4024	+	HB5495 Enrolled- 114 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 114 - LRB103 39013 AWJ 69150 b
	4025	+	HB5495 Enrolled - 114 - LRB103 39013 AWJ 69150 b
	4026	+	1 (e) "Out-of-state student" means any arsonist, as defined
	4027	+	2 in this Section, who is enrolled in Illinois, on a full-time or
	4028	+	3 part-time basis, in any public or private educational
	4029	+	4 institution, including, but not limited to, any secondary
	4030	+	5 school, trade or professional institution, or institution of
	4031	+	6 higher learning.
	4032	+	7 (f) "Out-of-state employee" means any arsonist, as defined
	4033	+	8 in this Section, who works in Illinois, regardless of whether
	4034	+	9 the individual receives payment for services performed, for a
	4035	+	10 period of time of 10 or more days or for an aggregate period of
	4036	+	11 time of 30 or more days during any calendar year. Persons who
	4037	+	12 operate motor vehicles in the State accrue one day of
	4038	+	13 employment time for any portion of a day spent in Illinois.
	4039	+	14 (g) "I-CLEAR" means the Illinois Citizens and Law
	4040	+	15 Enforcement Analysis and Reporting System.
	4041	+	16 (Source: P.A. 99-78, eff. 7-20-15.)
	4042	+	17 (730 ILCS 148/10)
	4043	+	18 Sec. 10. Statewide Arsonist Database Duty to register.
	4044	+	19 (a) The Illinois State Police shall establish and maintain
	4045	+	20 a Statewide Arsonist Database for the purpose of identifying
	4046	+	21 arsonists and making that information available to law
	4047	+	22 enforcement and the general public. For every person convicted
	4048	+	23 of a violation of an arson offense on or after the effective
	4049	+	24 date of this amendatory Act of the 103rd General Assembly, the
	4050	+	25 Statewide Arsonist Database shall contain information relating
	4051	+
	4052	+
	4053	+
	4054	+
	4055	+
	4056	+	HB5495 Enrolled - 114 - LRB103 39013 AWJ 69150 b
	4057	+
	4058	+
	4059	+	HB5495 Enrolled- 115 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 115 - LRB103 39013 AWJ 69150 b
	4060	+	HB5495 Enrolled - 115 - LRB103 39013 AWJ 69150 b
	4061	+	1 to each arsonist for a period of 10 years after conviction for
	4062	+	2 an arson offense. The information may include the arsonist's
	4063	+	3 name, date of birth, offense or offenses requiring inclusion
	4064	+	4 in the Statewide Arsonist Database, the conviction date and
	4065	+	5 county of each such offense, and such other identifying
	4066	+	6 information as the Illinois State Police deems necessary to
	4067	+	7 identify the arsonist, but shall not include the social
	4068	+	8 security number of the arsonist. The registry may include a
	4069	+	9 photograph of the arsonist.
	4070	+	10 (b) The Illinois State Police may adopt rules in
	4071	+	11 accordance with the Illinois Administrative Procedure Act to
	4072	+	12 implement this Section and those rules must include procedures
	4073	+	13 to ensure that the information in the database is accurate,
	4074	+	14 and that the information in the database reflects any changes
	4075	+	15 based on the reversal of a conviction for an offense requiring
	4076	+	16 inclusion in the Statewide Arsonist Database, or a court order
	4077	+	17 requiring the sealing or expungement of records relating to
	4078	+	18 the offense. A certified copy of such an order shall be deemed
	4079	+	19 prima facie true and correct and shall be sufficient to
	4080	+	20 require the immediate amendment or removal of any person's
	4081	+	21 information from the Statewide Arsonist Database by the
	4082	+	22 Illinois State Police.
	4083	+	23 (c) The Illinois State Police must have the Statewide
	4084	+	24 Arsonist Database created and ready to comply with the
	4085	+	25 requirements of this Section no later than July 1, 2025. An
	4086	+	26 arsonist shall, within the time period prescribed in
	4087	+
	4088	+
	4089	+
	4090	+
	4091	+
	4092	+	HB5495 Enrolled - 115 - LRB103 39013 AWJ 69150 b
	4093	+
	4094	+
	4095	+	HB5495 Enrolled- 116 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 116 - LRB103 39013 AWJ 69150 b
	4096	+	HB5495 Enrolled - 116 - LRB103 39013 AWJ 69150 b
	4097	+	1 subsections (b) and (c), register in person and provide
	4098	+	2 accurate information as required by the Illinois State Police.
	4099	+	3 Such information shall include current address, current place
	4100	+	4 of employment, and school attended. The arsonist shall
	4101	+	5 register:
	4102	+	6 (1) with the chief of police in each of the
	4103	+	7 municipalities in which he or she attends school, is
	4104	+	8 employed, resides or is temporarily domiciled for a period
	4105	+	9 of time of 10 or more days, unless the municipality is the
	4106	+	10 City of Chicago, in which case he or she shall register at
	4107	+	11 a fixed location designated by the Superintendent of the
	4108	+	12 Chicago Police Department; or
	4109	+	13 (2) with the sheriff in each of the counties in which
	4110	+	14 he or she attends school, is employed, resides or is
	4111	+	15 temporarily domiciled in an unincorporated area or, if
	4112	+	16 incorporated, no police chief exists. For purposes of this
	4113	+	17 Act, the place of residence or temporary domicile is
	4114	+	18 defined as any and all places where the arsonist resides
	4115	+	19 for an aggregate period of time of 10 or more days during
	4116	+	20 any calendar year. The arsonist shall provide accurate
	4117	+	21 information as required by the Illinois State Police. That
	4118	+	22 information shall include the arsonist's current place of
	4119	+	23 employment.
	4120	+	24 (a-5) An out-of-state student or out-of-state employee
	4121	+	25 shall, within 10 days after beginning school or employment in
	4122	+	26 this State, register in person and provide accurate
	4123	+
	4124	+
	4125	+
	4126	+
	4127	+
	4128	+	HB5495 Enrolled - 116 - LRB103 39013 AWJ 69150 b
	4129	+
	4130	+
	4131	+	HB5495 Enrolled- 117 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 117 - LRB103 39013 AWJ 69150 b
	4132	+	HB5495 Enrolled - 117 - LRB103 39013 AWJ 69150 b
	4133	+	1 information as required by the Illinois State Police. Such
	4134	+	2 information must include current place of employment, school
	4135	+	3 attended, and address in state of residence:
	4136	+	4 (1) with the chief of police in each of the
	4137	+	5 municipalities in which he or she attends school or is
	4138	+	6 employed for a period of time of 10 or more days or for an
	4139	+	7 aggregate period of time of more than 30 days during any
	4140	+	8 calendar year, unless the municipality is the City of
	4141	+	9 Chicago, in which case he or she shall register at a fixed
	4142	+	10 location designated by the Superintendent of the Chicago
	4143	+	11 Police Department; or
	4144	+	12 (2) with the sheriff in each of the counties in which
	4145	+	13 he or she attends school or is employed for a period of
	4146	+	14 time of 10 or more days or for an aggregate period of time
	4147	+	15 of more than 30 days during any calendar year in an
	4148	+	16 unincorporated area or, if incorporated, no police chief
	4149	+	17 exists. The out-of-state student or out-of-state employee
	4150	+	18 shall provide accurate information as required by the
	4151	+	19 Illinois State Police. That information shall include the
	4152	+	20 out-of-state student's current place of school attendance
	4153	+	21 or the out-of-state employee's current place of
	4154	+	22 employment.
	4155	+	23 (b) An arsonist as defined in Section 5 of this Act,
	4156	+	24 regardless of any initial, prior, or other registration,
	4157	+	25 shall, within 10 days of beginning school, or establishing a
	4158	+	26 residence, place of employment, or temporary domicile in any
	4159	+
	4160	+
	4161	+
	4162	+
	4163	+
	4164	+	HB5495 Enrolled - 117 - LRB103 39013 AWJ 69150 b
	4165	+
	4166	+
	4167	+	HB5495 Enrolled- 118 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 118 - LRB103 39013 AWJ 69150 b
	4168	+	HB5495 Enrolled - 118 - LRB103 39013 AWJ 69150 b
	4169	+	1 county, register in person as set forth in subsection (a) or
	4170	+	2 (a-5).
	4171	+	3 (c) The registration for any person required to register
	4172	+	4 under this Act shall be as follows:
	4173	+	5 (1) Except as provided in paragraph (3) of this
	4174	+	6 subsection (c), any person who has not been notified of
	4175	+	7 his or her responsibility to register shall be notified by
	4176	+	8 a criminal justice entity of his or her responsibility to
	4177	+	9 register. Upon notification the person must then register
	4178	+	10 within 10 days of notification of his or her requirement
	4179	+	11 to register. If notification is not made within the
	4180	+	12 offender's 10 year registration requirement, and the
	4181	+	13 Illinois State Police determines no evidence exists or
	4182	+	14 indicates the offender attempted to avoid registration,
	4183	+	15 the offender will no longer be required to register under
	4184	+	16 this Act.
	4185	+	17 (2) Except as provided in paragraph (3) of this
	4186	+	18 subsection (c), any person convicted on or after the
	4187	+	19 effective date of this Act shall register in person within
	4188	+	20 10 days after the entry of the sentencing order based upon
	4189	+	21 his or her conviction.
	4190	+	22 (3) Any person unable to comply with the registration
	4191	+	23 requirements of this Act because he or she is confined,
	4192	+	24 institutionalized, or imprisoned in Illinois on or after
	4193	+	25 the effective date of this Act shall register in person
	4194	+	26 within 10 days of discharge, parole or release.
	4195	+
	4196	+
	4197	+
	4198	+
	4199	+
	4200	+	HB5495 Enrolled - 118 - LRB103 39013 AWJ 69150 b
	4201	+
	4202	+
	4203	+	HB5495 Enrolled- 119 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 119 - LRB103 39013 AWJ 69150 b
	4204	+	HB5495 Enrolled - 119 - LRB103 39013 AWJ 69150 b
	4205	+	1 (4) The person shall provide positive identification
	4206	+	2 and documentation that substantiates proof of residence at
	4207	+	3 the registering address.
	4208	+	4 (5) The person shall pay a $10 initial registration
	4209	+	5 fee and a $5 annual renewal fee. The fees shall be used by
	4210	+	6 the registering agency for official purposes. The agency
	4211	+	7 shall establish procedures to document receipt and use of
	4212	+	8 the funds. The law enforcement agency having jurisdiction
	4213	+	9 may waive the registration fee if it determines that the
	4214	+	10 person is indigent and unable to pay the registration fee.
	4215	+	11 (d) Within 10 days after obtaining or changing employment,
	4216	+	12 a person required to register under this Section must report,
	4217	+	13 in person or in writing to the law enforcement agency having
	4218	+	14 jurisdiction, the business name and address where he or she is
	4219	+	15 employed. If the person has multiple businesses or work
	4220	+	16 locations, every business and work location must be reported
	4221	+	17 to the law enforcement agency having jurisdiction.
	4222	+	18 (Source: P.A. 102-538, eff. 8-20-21.)
	4223	+	19 (730 ILCS 148/60)
	4224	+	20 Sec. 60. Public inspection of registry registration data.
	4225	+	21 (a) Except as otherwise provided in subsection (b), the
	4226	+	22 statements or any other information required by this Act shall
	4227	+	23 not be open to inspection by the public, or by any person other
	4228	+	24 than by a law enforcement officer or other individual as may be
	4229	+	25 authorized by law and shall include law enforcement agencies
	4230	+
	4231	+
	4232	+
	4233	+
	4234	+
	4235	+	HB5495 Enrolled - 119 - LRB103 39013 AWJ 69150 b
	4236	+
	4237	+
	4238	+	HB5495 Enrolled- 120 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 120 - LRB103 39013 AWJ 69150 b
	4239	+	HB5495 Enrolled - 120 - LRB103 39013 AWJ 69150 b
	4240	+	1 of this State, any other state, or of the federal government.
	4241	+	2 Similar information may be requested from any law enforcement
	4242	+	3 agency of another state or of the federal government for
	4243	+	4 purposes of this Act. It is a Class B misdemeanor to permit the
	4244	+	5 unauthorized release of any information required by this Act.
	4245	+	6 (b) The Illinois State Police shall furnish to the Office
	4246	+	7 of the State Fire Marshal the registry registration
	4247	+	8 information concerning persons covered who are required to
	4248	+	9 register under this Act. The Office of the State Fire Marshal
	4249	+	10 shall establish and maintain a Statewide Arsonist Database for
	4250	+	11 the purpose of making that information available to the public
	4251	+	12 on the Internet by means of a hyperlink labeled "Arsonist
	4252	+	13 Information" on the Office of the State Fire Marshal's
	4253	+	14 website.
	4254	+	15 (Source: P.A. 102-538, eff. 8-20-21.)
	4255	+	16 (730 ILCS 148/75)
	4256	+	17 Sec. 75. Access to State of Illinois databases. The
	4257	+	18 Illinois State Police shall have access to State of Illinois
	4258	+	19 databases containing information that may help in the
	4259	+	20 identification or location of persons covered required to
	4260	+	21 register under this Act. Interagency agreements shall be
	4261	+	22 implemented, consistent with security and procedures
	4262	+	23 established by the State agency and consistent with the laws
	4263	+	24 governing the confidentiality of the information in the
	4264	+	25 databases. Information shall be used only for administration
	4265	+
	4266	+
	4267	+
	4268	+
	4269	+
	4270	+	HB5495 Enrolled - 120 - LRB103 39013 AWJ 69150 b
	4271	+
	4272	+
	4273	+	HB5495 Enrolled- 121 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 121 - LRB103 39013 AWJ 69150 b
	4274	+	HB5495 Enrolled - 121 - LRB103 39013 AWJ 69150 b
	4275	+	1 of this Act.
	4276	+	2 (Source: P.A. 102-538, eff. 8-20-21.)
	4277	+	3 (730 ILCS 148/15 rep.)
	4278	+	4 (730 ILCS 148/20 rep.)
	4279	+	5 (730 ILCS 148/25 rep.)
	4280	+	6 (730 ILCS 148/30 rep.)
	4281	+	7 (730 ILCS 148/35 rep.)
	4282	+	8 (730 ILCS 148/40 rep.)
	4283	+	9 (730 ILCS 148/45 rep.)
	4284	+	10 (730 ILCS 148/50 rep.)
	4285	+	11 (730 ILCS 148/55 rep.)
	4286	+	12 (730 ILCS 148/65 rep.)
	4287	+	13 (730 ILCS 148/70 rep.)
	4288	+	14 (730 ILCS 148/80 rep.)
	4289	+	15 Section 85. The Arsonist Registration Act is amended by
	4290	+	16 repealing Sections 15, 20, 25, 30, 35, 40, 45, 50, 55, 65, 70,
	4291	+	17 and 80.
	4292	+	18 Section 90. The Code of Civil Procedure is amended by
	4293	+	19 changing Sections 21-101 and 21-102 as follows:
	4294	+	20 (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
	4295	+	21 Sec. 21-101. Proceedings; parties.
	4296	+	22 (a) If any person who is a resident of this State and has
	4297	+	23 resided in this State for 6 months desires to change his or her
	4298	+
	4299	+
	4300	+
	4301	+
	4302	+
	4303	+	HB5495 Enrolled - 121 - LRB103 39013 AWJ 69150 b
	4304	+
	4305	+
	4306	+	HB5495 Enrolled- 122 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 122 - LRB103 39013 AWJ 69150 b
	4307	+	HB5495 Enrolled - 122 - LRB103 39013 AWJ 69150 b
	4308	+	1 name and to assume another name by which to be afterwards
	4309	+	2 called and known, the person may file a petition requesting
	4310	+	3 that relief in the circuit court of the county wherein he or
	4311	+	4 she resides.
	4312	+	5 (b) A person who has been convicted of any offense for
	4313	+	6 which a person is required to register under the Sex Offender
	4314	+	7 Registration Act, the Murderer and Violent Offender Against
	4315	+	8 Youth Registration Act, or the Arsonist Registry Act Arsonist
	4316	+	9 Registration Act in this State or any other state and who has
	4317	+	10 not been pardoned is not permitted to file a petition for a
	4318	+	11 name change in the courts of this State during the period that
	4319	+	12 the person is required to register, unless that person
	4320	+	13 verifies under oath, as provided under Section 1-109, that the
	4321	+	14 petition for the name change is due to marriage, religious
	4322	+	15 beliefs, status as a victim of trafficking or gender-related
	4323	+	16 identity as defined by the Illinois Human Rights Act. A judge
	4324	+	17 may grant or deny the request for legal name change filed by
	4325	+	18 such persons. Any such persons granted a legal name change
	4326	+	19 shall report the change to the law enforcement agency having
	4327	+	20 jurisdiction of their current registration pursuant to the
	4328	+	21 Duty to Report requirements specified in Section 35 of the
	4329	+	22 Arsonist Registration Act, Section 20 of the Murderer and
	4330	+	23 Violent Offender Against Youth Registration Act, and Section 6
	4331	+	24 of the Sex Offender Registration Act. For the purposes of this
	4332	+	25 subsection, a person will not face a felony charge if the
	4333	+	26 person's request for legal name change is denied without proof
	4334	+
	4335	+
	4336	+
	4337	+
	4338	+
	4339	+	HB5495 Enrolled - 122 - LRB103 39013 AWJ 69150 b
	4340	+
	4341	+
	4342	+	HB5495 Enrolled- 123 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 123 - LRB103 39013 AWJ 69150 b
	4343	+	HB5495 Enrolled - 123 - LRB103 39013 AWJ 69150 b
	4344	+	1 of perjury.
	4345	+	2 (b-1) A person who has been convicted of a felony offense
	4346	+	3 in this State or any other state and whose sentence has not
	4347	+	4 been completed, terminated, or discharged is not permitted to
	4348	+	5 file a petition for a name change in the courts of this State
	4349	+	6 unless that person is pardoned for the offense.
	4350	+	7 (c) A petitioner may include his or her spouse and adult
	4351	+	8 unmarried children, with their consent, and his or her minor
	4352	+	9 children where it appears to the court that it is for their
	4353	+	10 best interest, in the petition and relief requested, and the
	4354	+	11 court's order shall then include the spouse and children.
	4355	+	12 Whenever any minor has resided in the family of any person for
	4356	+	13 the space of 3 years and has been recognized and known as an
	4357	+	14 adopted child in the family of that person, the application
	4358	+	15 herein provided for may be made by the person having that minor
	4359	+	16 in his or her family.
	4360	+	17 An order shall be entered as to a minor only if the court
	4361	+	18 finds by clear and convincing evidence that the change is
	4362	+	19 necessary to serve the best interest of the child. In
	4363	+	20 determining the best interest of a minor child under this
	4364	+	21 Section, the court shall consider all relevant factors,
	4365	+	22 including:
	4366	+	23 (1) The wishes of the child's parents and any person
	4367	+	24 acting as a parent who has physical custody of the child.
	4368	+	25 (2) The wishes of the child and the reasons for those
	4369	+	26 wishes. The court may interview the child in chambers to
	4370	+
	4371	+
	4372	+
	4373	+
	4374	+
	4375	+	HB5495 Enrolled - 123 - LRB103 39013 AWJ 69150 b
	4376	+
	4377	+
	4378	+	HB5495 Enrolled- 124 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 124 - LRB103 39013 AWJ 69150 b
	4379	+	HB5495 Enrolled - 124 - LRB103 39013 AWJ 69150 b
	4380	+	1 ascertain the child's wishes with respect to the change of
	4381	+	2 name. Counsel shall be present at the interview unless
	4382	+	3 otherwise agreed upon by the parties. The court shall
	4383	+	4 cause a court reporter to be present who shall make a
	4384	+	5 complete record of the interview instantaneously to be
	4385	+	6 part of the record in the case.
	4386	+	7 (3) The interaction and interrelationship of the child
	4387	+	8 with his or her parents or persons acting as parents who
	4388	+	9 have physical custody of the child, step-parents,
	4389	+	10 siblings, step-siblings, or any other person who may
	4390	+	11 significantly affect the child's best interest.
	4391	+	12 (4) The child's adjustment to his or her home, school,
	4392	+	13 and community.
	4393	+	14 (d) If it appears to the court that the conditions and
	4394	+	15 requirements under this Article have been complied with and
	4395	+	16 that there is no reason why the relief requested should not be
	4396	+	17 granted, the court, by an order to be entered of record, may
	4397	+	18 direct and provide that the name of that person be changed in
	4398	+	19 accordance with the relief requested in the petition. If the
	4399	+	20 circuit court orders that a name change be granted to a person
	4400	+	21 who has been adjudicated or convicted of a felony or
	4401	+	22 misdemeanor offense under the laws of this State or any other
	4402	+	23 state for which a pardon has not been granted, or has an arrest
	4403	+	24 for which a charge has not been filed or a pending charge on a
	4404	+	25 felony or misdemeanor offense, a copy of the order, including
	4405	+	26 a copy of each applicable access and review response, shall be
	4406	+
	4407	+
	4408	+
	4409	+
	4410	+
	4411	+	HB5495 Enrolled - 124 - LRB103 39013 AWJ 69150 b
	4412	+
	4413	+
	4414	+	HB5495 Enrolled- 125 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 125 - LRB103 39013 AWJ 69150 b
	4415	+	HB5495 Enrolled - 125 - LRB103 39013 AWJ 69150 b
	4416	+	1 forwarded to the Illinois State Police. The Illinois State
	4417	+	2 Police shall update any criminal history transcript or
	4418	+	3 offender registration of each person 18 years of age or older
	4419	+	4 in the order to include the change of name as well as his or
	4420	+	5 her former name.
	4421	+	6 (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
	4422	+	7 revised 12-15-23.)
	4423	+	8 (735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
	4424	+	9 Sec. 21-102. Petition; update criminal history transcript.
	4425	+	10 (a) The petition shall be a statewide standardized form
	4426	+	11 approved by the Illinois Supreme Court and shall set forth the
	4427	+	12 name then held, the name sought to be assumed, the residence of
	4428	+	13 the petitioner, the length of time the petitioner has resided
	4429	+	14 in this State, and the state or country of the petitioner's
	4430	+	15 nativity or supposed nativity. The petition shall include a
	4431	+	16 statement, verified under oath as provided under Section 1-109
	4432	+	17 of this Code, whether or not the petitioner or any other person
	4433	+	18 18 years of age or older who will be subject to a change of
	4434	+	19 name under the petition if granted: (1) has been adjudicated
	4435	+	20 or convicted of a felony or misdemeanor offense under the laws
	4436	+	21 of this State or any other state for which a pardon has not
	4437	+	22 been granted; or (2) has an arrest for which a charge has not
	4438	+	23 been filed or a pending charge on a felony or misdemeanor
	4439	+	24 offense. The petition shall be signed by the person
	4440	+	25 petitioning or, in case of minors, by the parent or guardian
	4441	+
	4442	+
	4443	+
	4444	+
	4445	+
	4446	+	HB5495 Enrolled - 125 - LRB103 39013 AWJ 69150 b
	4447	+
	4448	+
	4449	+	HB5495 Enrolled- 126 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 126 - LRB103 39013 AWJ 69150 b
	4450	+	HB5495 Enrolled - 126 - LRB103 39013 AWJ 69150 b
	4451	+	1 having the legal custody of the minor.
	4452	+	2 (b) If the statement provided under subsection (a) of this
	4453	+	3 Section indicates the petitioner or any other person 18 years
	4454	+	4 of age or older who will be subject to a change of name under
	4455	+	5 the petition, if granted, has been adjudicated or convicted of
	4456	+	6 a felony or misdemeanor offense under the laws of this State or
	4457	+	7 any other state for which a pardon has not been granted, or has
	4458	+	8 an arrest for which a charge has not been filed or a pending
	4459	+	9 charge on a felony or misdemeanor offense, the State's
	4460	+	10 Attorney may request the court to or the court may on its own
	4461	+	11 motion, require the person, prior to a hearing on the
	4462	+	12 petition, to initiate an update of his or her criminal history
	4463	+	13 transcript with the Illinois State Police. The Illinois State
	4464	+	14 Police Department shall allow a person to use the Access and
	4465	+	15 Review process, established by rule in the Illinois State
	4466	+	16 Police Department, for this purpose. Upon completion of the
	4467	+	17 update of the criminal history transcript, the petitioner
	4468	+	18 shall file confirmation of each update with the court, which
	4469	+	19 shall seal the records from disclosure outside of court
	4470	+	20 proceedings on the petition.
	4471	+	21 (c) Any petition filed under subsection (a) shall include
	4472	+	22 the following: "WARNING: If you are required to register under
	4473	+	23 the Sex Offender Registration Act, the Murderer and Violent
	4474	+	24 Offender Against Youth Registration Act, or the Arsonist
	4475	+	25 Registry Act Arsonist Registration Act in this State or a
	4476	+	26 similar law in any other state and have not been pardoned, you
	4477	+
	4478	+
	4479	+
	4480	+
	4481	+
	4482	+	HB5495 Enrolled - 126 - LRB103 39013 AWJ 69150 b
	4483	+
	4484	+
	4485	+	HB5495 Enrolled- 127 -LRB103 39013 AWJ 69150 b HB5495 Enrolled - 127 - LRB103 39013 AWJ 69150 b
	4486	+	HB5495 Enrolled - 127 - LRB103 39013 AWJ 69150 b
	4487	+	1 will be committing a felony under those respective Acts by
	4488	+	2 seeking a change of name during the registration period UNLESS
	4489	+	3 your request for legal name change is due to marriage,
	4490	+	4 religious beliefs, status as a victim of trafficking or gender
	4491	+	5 related identity as defined by the Illinois Human Rights
	4492	+	6 Act.".
	4493	+	7 (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
	4494	+	8 revised 12-15-23.)
	4495	+
	4496	+
	4497	+
	4498	+
	4499	+
	4500	+	HB5495 Enrolled - 127 - LRB103 39013 AWJ 69150 b