Public Act 103-0609
HB5495 EnrolledLRB103 39013 AWJ 69150 b HB5495 Enrolled LRB103 39013 AWJ 69150 b
HB5495 Enrolled LRB103 39013 AWJ 69150 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Seizure and Forfeiture Reporting Act is
amended by changing Section 10 as follows:
(5 ILCS 810/10)
Sec. 10. Reporting by law enforcement agency.
(a) Each law enforcement agency that seizes property
subject to reporting under this Act shall report the following
information about property seized or forfeited under State
law:
(1) the name of the law enforcement agency that seized
the property;
(2) the date of the seizure;
(3) the type of property seized, including a building,
vehicle, boat, cash, negotiable security, or firearm,
except reporting is not required for seizures of
contraband including alcohol, gambling devices, drug
paraphernalia, and controlled substances;
(4) a description of the property seized and the
estimated value of the property and if the property is a
conveyance, the description shall include the make, model,
year, and vehicle identification number or serial number;
HB5495 Enrolled LRB103 39013 AWJ 69150 b
and
(5) the location where the seizure occurred.
The filing requirement shall be met upon filing Illinois
State Police Notice/Inventory of Seized Property (Form 4-64)
with the State's Attorney's Office in the county where the
forfeiture action is being commenced or with the Attorney
General's Office if the forfeiture action is being commenced
by that office, and the forwarding of Form 4-64 upon approval
of the State's Attorney's Office or the Attorney General's
Office to the Illinois State Police Asset Forfeiture Section.
With regard to seizures for which Form 4-64 is not required to
be filed, the filing requirement shall be met by the filing of
an annual summary report with the Illinois State Police no
later than 60 days after December 31 of that year.
(b) Each law enforcement agency, including a drug task
force or Metropolitan Enforcement Group (MEG) unit, that
receives proceeds from forfeitures subject to reporting under
this Act shall file an annual report with the Illinois State
Police no later than 60 days after December 31 of that year.
The format of the report shall be developed by the Illinois
State Police and shall be completed by the law enforcement
agency. The report shall include, at a minimum, the amount of
funds and other property distributed to the law enforcement
agency by the Illinois State Police, the amount of funds
expended by the law enforcement agency, and the category of
expenditure, including:
(1) crime, gang, or abuse prevention or intervention
programs;
(2) compensation or services for crime victims;
(3) witness protection, informant fees, and controlled
purchases of contraband;
(4) salaries, overtime, and benefits, as permitted by
law;
(5) operating expenses, including but not limited to,
capital expenditures for vehicles, firearms, equipment,
computers, furniture, office supplies, postage, printing,
membership fees paid to trade associations, and fees for
professional services including auditing, court reporting,
expert witnesses, and attorneys;
(6) travel, meals, entertainment, conferences,
training, and continuing education seminars; and
(7) other expenditures of forfeiture proceeds.
(c) The Illinois State Police shall establish and maintain
on its official website a public database that includes annual
aggregate data for each law enforcement agency that reports
seizures of property under subsection (a) of this Section,
that receives distributions of forfeiture proceeds subject to
reporting under this Act, or reports expenditures under
subsection (b) of this Section. This aggregate data shall
include, for each law enforcement agency:
(1) the total number of asset seizures reported by
each law enforcement agency during the calendar year;
(2) the monetary value of all currency or its
equivalent seized by the law enforcement agency during the
calendar year;
(3) the number of conveyances seized by the law
enforcement agency during the calendar year, and the
aggregate estimated value;
(4) the aggregate estimated value of all other
property seized by the law enforcement agency during the
calendar year;
(5) the monetary value of distributions by the
Illinois State Police of forfeited currency or auction
proceeds from forfeited property to the law enforcement
agency during the calendar year; and
(6) the total amount of the law enforcement agency's
expenditures of forfeiture proceeds during the calendar
year, categorized as provided under subsection (b) of this
Section.
The database shall not provide names, addresses, phone
numbers, or other personally identifying information of owners
or interest holders, persons, business entities, covert office
locations, or business entities involved in the forfeiture
action and shall not disclose the vehicle identification
number or serial number of any conveyance.
(d) The Illinois State Police shall adopt rules to
administer the asset forfeiture program, including the
categories of authorized expenditures consistent with the
statutory guidelines for each of the included forfeiture
statutes, the use of forfeited funds, other expenditure
requirements, and the reporting of seizure and forfeiture
information. The Illinois State Police may adopt rules
necessary to implement this Act through the use of emergency
rulemaking under Section 5-45 of the Illinois Administrative
Procedure Act for a period not to exceed 180 days after the
effective date of this Act.
(e) The Illinois State Police shall have authority and
oversight over all law enforcement agencies receiving
forfeited funds from the Illinois State Police. This authority
shall include enforcement of rules and regulations adopted by
the Illinois State Police and sanctions for violations of any
rules and regulations, including the withholding of
distributions of forfeiture proceeds from the law enforcement
agency in violation.
(f) Upon application by a law enforcement agency to the
Illinois State Police, the reporting of a particular asset
forfeited under this Section may be delayed if the asset in
question was seized from a person who has become a
confidential informant under the agency's confidential
informant policy, or if the asset was seized as part of an
ongoing investigation. This delayed reporting shall be granted
by the Illinois State Police for a maximum period of 6 months
if the confidential informant is still providing cooperation
to law enforcement or the investigation is still ongoing,
after which the asset shall be reported as required under this
Act.
(g) The Illinois State Police shall, on or before January
1, 2019, establish and implement the requirements of this Act.
In order to implement the reporting and public database
requirements under this Act, the Illinois State Police Asset
Forfeiture Section requires a one-time upgrade of its
information technology software and hardware. This one-time
upgrade shall be funded by a temporary allocation of 5% of all
forfeited currency and 5% of the auction proceeds from each
forfeited asset, which are to be distributed after the
effective date of this Act. The Illinois State Police shall
transfer these funds at the time of distribution to a separate
fund established by the Illinois State Police. Moneys
deposited in this fund shall be accounted for and shall be used
only to pay for the actual one-time cost of purchasing and
installing the hardware and software required to comply with
this new reporting and public database requirement. Moneys
deposited in the fund shall not be subject to reappropriation,
reallocation, or redistribution for any other purpose. After
sufficient funds are transferred to the fund to cover the
actual one-time cost of purchasing and installing the hardware
and software required to comply with this new reporting and
public database requirement, no additional funds shall be
transferred to the fund for any purpose. At the completion of
the one-time upgrade of the information technology hardware
and software to comply with this new reporting and public
database requirement, any remaining funds in the fund shall be
returned to the participating agencies under the distribution
requirements of the statutes from which the funds were
transferred, and the fund shall no longer exist.
(h)(1) The Illinois State Police, in consultation with and
subject to the approval of the Chief Procurement Officer, may
procure a single contract or multiple contracts to implement
this Act.
(2) A contract or contracts under this subsection (h) are
not subject to the Illinois Procurement Code, except for
Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
that Code, provided that the Chief Procurement Officer may, in
writing with justification, waive any certification required
under Article 50 of the Illinois Procurement Code. The
provisions of this paragraph (2), other than this sentence,
are inoperative on and after July 1, 2019.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 10. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by changing
Sections 2605-35, 2605-40, 2605-605, and 2605-615 as follows:
(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
Sec. 2605-35. Division of Criminal Investigation.
(a) The Division of Criminal Investigation shall exercise
the following functions and those in Section 2605-30:
(1) Exercise the rights, powers, and duties vested by
law in the Illinois State Police by the Illinois Horse
Racing Act of 1975, including those set forth in Section
2605-215.
(2) Investigate the origins, activities, personnel,
and incidents of crime and enforce the criminal laws of
this State related thereto.
(3) Enforce all laws regulating the production, sale,
prescribing, manufacturing, administering, transporting,
having in possession, dispensing, delivering,
distributing, or use of controlled substances and
cannabis.
(4) Cooperate with the police of cities, villages, and
incorporated towns and with the police officers of any
county in enforcing the laws of the State and in making
arrests and recovering property.
(5) Apprehend and deliver up any person charged in
this State or any other state with treason or a felony or
other crime who has fled from justice and is found in this
State.
(6) Investigate recipients and providers under the
Illinois Public Aid Code and any personnel involved in the
administration of the Code who are suspected of any
violation of the Code pertaining to fraud in the
administration, receipt, or provision of assistance and
pertaining to any violation of criminal law; and exercise
the functions required under Section 2605-220 in the
conduct of those investigations.
(7) Conduct other investigations as provided by law,
including, but not limited to, investigations of human
trafficking, illegal drug trafficking, illegal firearms
trafficking, and cyber crimes that can be investigated and
prosecuted in Illinois.
(8) Investigate public corruption.
(9) Exercise other duties that may be assigned by the
Director in order to fulfill the responsibilities and
achieve the purposes of the Illinois State Police, which
may include the coordination of gang, terrorist, and
organized crime prevention, control activities, and
assisting local law enforcement in their crime control
activities.
(10) Conduct investigations (and cooperate with
federal law enforcement agencies in the investigation) of
any property-related crimes, such as money laundering,
involving individuals or entities listed on the sanctions
list maintained by the U.S. Department of Treasury's
Office of Foreign Asset Control.
(11) Oversee Illinois State Police special weapons and
tactics (SWAT) teams, including law enforcement response
to weapons of mass destruction.
(12) Oversee Illinois State Police air operations.
(13) Investigate criminal domestic terrorism
incidents, and otherwise deter all criminal threats to
Illinois.
(a-5) The Division of Criminal Investigation shall gather
information, intelligence, and evidence to facilitate the
identification, apprehension, and prosecution of persons
responsible for committing crime; to provide specialized
intelligence and analysis, investigative, tactical, and
technological services in support of law enforcement
operations throughout the State of Illinois; and to oversee
and operate the statewide criminal intelligence fusion center.
(b) (Blank).
(b-5) The Division of Criminal Investigation shall
cooperate and liaise with all federal law enforcement and
other partners on criminal investigations, intelligence,
information sharing, and national security planning and
response.
(c) The Division of Criminal Investigation shall provide
statewide coordination and strategy pertaining to
firearm-related intelligence, firearms trafficking
interdiction, and investigations reaching across all divisions
of the Illinois State Police, including providing crime gun
intelligence support for suspects and firearms involved in
firearms trafficking or the commission of a crime involving
firearms that is investigated by the Illinois State Police and
other federal, State, and local law enforcement agencies, with
the objective of reducing and preventing illegal possession
and use of firearms, firearms trafficking, firearm-related
homicides, and other firearm-related violent crimes in
Illinois.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23; 103-34, eff.
1-1-24.)
(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
Sec. 2605-40. Division of Forensic Services. The Division
of Forensic Services shall exercise the following functions:
(1) Provide crime scene services and traffic crash
reconstruction and examine digital evidence.
(2) Exercise the rights, powers, and duties vested by
law in the Illinois State Police by Section 2605-300 of
this Law.
(3) Provide assistance to local law enforcement
agencies through training, management, and consultant
services.
(4) (Blank).
(5) Exercise other duties that may be assigned by the
Director in order to fulfill the responsibilities and
achieve the purposes of the Illinois State Police.
(6) Establish and operate a forensic science
laboratory system, including a forensic toxicological
laboratory service, for the purpose of testing specimens
submitted by coroners and other law enforcement officers
in their efforts to determine whether alcohol, drugs, or
poisonous or other toxic substances have been involved in
deaths, accidents, or illness. Forensic laboratories shall
be established in Springfield, Chicago, and elsewhere in
the State as needed.
(6.5) Establish administrative rules in order to set
forth standardized requirements for the disclosure of
toxicology results and other relevant documents related to
a toxicological analysis. These administrative rules are
to be adopted to produce uniform and sufficient
information to allow a proper, well-informed determination
of the admissibility of toxicology evidence and to ensure
that this evidence is presented competently. These
administrative rules are designed to provide a minimum
standard for compliance of toxicology evidence and are not
intended to limit the production and discovery of material
information.
(7) Subject to specific appropriations made for these
purposes, establish and coordinate a system for providing
accurate and expedited forensic science and other
investigative and laboratory services to local law
enforcement agencies and local State's Attorneys in aid of
the investigation and trial of capital cases.
(8) Exercise the rights, powers, and duties vested by
law in the Illinois State Police under the Sexual Assault
Evidence Submission Act.
(9) Serve as the State central repository for all
genetic marker grouping analysis information and exercise
the rights, powers, and duties vested by law in the
Illinois State Police under Section 5-4-3 of the Unified
Code of Corrections.
(10) Issue reports required under Section 5-4-3a of
the Unified Code of Corrections.
(11) Oversee the Electronic Laboratory Information
Management System under Section 5-4-3b of the Unified Code
of Corrections.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
103-34, eff. 1-1-24.)
(20 ILCS 2605/2605-605)
Sec. 2605-605. Violent Crime Intelligence Task Force. The
Director of the Illinois State Police shall establish a
statewide multi-jurisdictional Violent Crime Intelligence Task
Force led by the Illinois State Police dedicated to combating
gun violence, gun-trafficking, and other violent crime with
the primary mission of preservation of life and reducing the
occurrence and the fear of crime. The objectives of the Task
Force shall include, but not be limited to, reducing and
preventing illegal possession and use of firearms,
firearm-related homicides, and other violent crimes, and
solving firearm-related crimes.
(1) The Task Force may develop and acquire information,
training, tools, and resources necessary to implement a
data-driven approach to policing, with an emphasis on
intelligence development.
(2) The Task Force may utilize information sharing,
partnerships, crime analysis, and evidence-based practices to
assist in the reduction of firearm-related shootings,
homicides, and gun-trafficking, including, but not limited to,
ballistic data, eTrace data, DNA evidence, latent
fingerprints, firearm training data, and National Integrated
Ballistic Information Network (NIBIN) data. The Task Force may
design a model crime gun intelligence strategy which may
include, but is not limited to, comprehensive collection and
documentation of all ballistic evidence, timely transfer of
NIBIN and eTrace leads to an intelligence center, which may
include the Division of Criminal Investigation of the Illinois
State Police, timely dissemination of intelligence to
investigators, investigative follow-up, and coordinated
prosecution.
(3) The Task Force may recognize and utilize best
practices of community policing and may develop potential
partnerships with faith-based and community organizations to
achieve its goals.
(4) The Task Force may identify and utilize best practices
in drug-diversion programs and other community-based services
to redirect low-level offenders.
(5) The Task Force may assist in violence suppression
strategies including, but not limited to, details in
identified locations that have shown to be the most prone to
gun violence and violent crime, focused deterrence against
violent gangs and groups considered responsible for the
violence in communities, and other intelligence driven methods
deemed necessary to interrupt cycles of violence or prevent
retaliation.
(6) In consultation with the Chief Procurement Officer,
the Illinois State Police may obtain contracts for software,
commodities, resources, and equipment to assist the Task Force
with achieving this Act. Any contracts necessary to support
the delivery of necessary software, commodities, resources,
and equipment are not subject to the Illinois Procurement
Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and
Article 50 of that Code, provided that the Chief Procurement
Officer may, in writing with justification, waive any
certification required under Article 50 of the Illinois
Procurement Code.
(7) The Task Force shall conduct enforcement operations
against persons whose Firearm Owner's Identification Cards
have been revoked or suspended and persons who fail to comply
with the requirements of Section 9.5 of the Firearm Owners
Identification Card Act, prioritizing individuals presenting a
clear and present danger to themselves or to others under
paragraph (2) of subsection (d) of Section 8.1 of the Firearm
Owners Identification Card Act.
(8) The Task Force shall collaborate with local law
enforcement agencies to enforce provisions of the Firearm
Owners Identification Card Act, the Firearm Concealed Carry
Act, the Firearm Dealer License Certification Act, and Article
24 of the Criminal Code of 2012.
(9) To implement this Section, the Director of the
Illinois State Police may establish intergovernmental
agreements with law enforcement agencies in accordance with
the Intergovernmental Cooperation Act.
(10) Law enforcement agencies that participate in
activities described in paragraphs (7) through (9) may apply
to the Illinois State Police for grants from the State Police
Firearm Revocation Enforcement Fund.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(20 ILCS 2605/2605-615)
Sec. 2605-615. Illinois Forensic Science Commission.
(a) Creation. There is created within the Illinois State
Police the Illinois Forensic Science Commission.
(b) Duties and purpose. The Commission shall:
(1) Provide guidance to ensure the efficient delivery
of forensic services and the sound practice of forensic
science.
(2) Provide a forum for discussions between forensic
science stakeholders to improve communication and
coordination and to monitor the important issues impacting
all stakeholders.
(3) Take a systems-based approach in reviewing all
aspects of the delivery of forensic services and the sound
practice of forensic science with the goal of reducing or
eliminating the factors and inefficiencies that contribute
to backlogs and errors, with a focus on education and
training, funding, hiring, procurement, and other aspects
identified by the Commission.
(4) Review significant non-conformities with the sound
practice of forensic science documented by each publicly
funded ISO 17025 accredited forensic laboratory and offer
recommendations for the correction thereof.
(5) Subject to appropriation, provide educational,
research, and professional training opportunities for
practicing forensic scientists, police officers, judges,
State's Attorneys and Assistant State's Attorneys, Public
Defenders, and defense attorneys comporting with the sound
practice of forensic science.
(6) Collect and analyze information related to the
impact of current laws, rules, policies, and practices on
forensic crime laboratories and the practice of forensic
science; evaluate the impact of those laws, rules,
policies, and practices on forensic crime laboratories and
the practice of forensic science; identify new policies
and approaches, together with changes in science, and
technology; and make recommendations for changes to those
laws, rules, policies, and practices that will yield
better results in the criminal justice system consistent
with the sound practice of forensic science.
(7) Perform such other studies or tasks pertaining to
forensic crime laboratories as may be requested by the
General Assembly by resolution or the Governor, and
perform such other functions as may be required by law or
as are necessary to carry out the purposes and goals of the
Commission prescribed in this Section.
(8) Ensure that adequate resources and facilities are
available for carrying out the changes proposed in
legislation, rules, or policies and that rational
priorities are established for the use of those resources.
To do so, the Commission may prepare statements to the
Governor and General Assembly identifying the fiscal and
practical effects of proposed legislation, rules, or
policy changes. Such statements may include, but are not
limited to: the impact on present levels of staffing and
resources; a professional opinion on the practical value
of the change or changes; the increase or decrease the
number of crime laboratories; the increase or decrease the
cost of operating crime laboratories; the impact on
efficiencies and caseloads; other information, including
but not limited to, facts, data, research, and science
relevant to the legislation, rule, or policy; the direct
or indirect alteration in any process involving or used by
crime laboratories of such proposed legislation, rules, or
policy changes; an analysis of the impact, either directly
or indirectly, on the technology, improvements, or
practices of forensic analyses for use in criminal
proceedings; together with the direct or indirect impact
on headcount, space, equipment, instruments,
accreditation, the volume of cases for analysis,
scientific controls, and quality assurance.
(c) Members. The Commission shall be composed of the
Director of the Illinois State Police, or his or her designee,
together with the following members appointed for a term of 4
years by the Governor with the advice and consent of the
Senate:
(1) One crime laboratory director or administrator
from each publicly funded ISO 17025 accredited forensic
laboratory system.
(2) One member with experience in the admission of
forensic evidence in trials from a statewide association
representing prosecutors.
(3) One member with experience in the admission of
forensic evidence in trials from a statewide association
representing criminal defense attorneys.
(4) Three forensic scientists with bench work
background from various forensic disciplines (e.g., DNA,
chemistry, pattern evidence, etc.).
(5) One retired circuit court judge or associate
circuit court judge with criminal trial experience,
including experience in the admission of forensic evidence
in trials.
(6) One academic specializing in the field of forensic
sciences.
(7) One or more community representatives (e.g.,
victim advocates, innocence project organizations, sexual
assault examiners, etc.).
(8) One member who is a medical examiner or coroner.
The Governor shall designate one of the members of the
Commission to serve as the chair of the Commission. The
members of the Commission shall elect from their number such
other officers as they may determine. Members of the
Commission shall serve without compensation, but may be
reimbursed for reasonable expenses incurred in the performance
of their duties from funds appropriated for that purpose.
(d) Subcommittees. The Commission may form subcommittees
to study specific issues identified under paragraph (3) of
subsection (b), including, but not limited to, subcommittees
on education and training, procurement, funding and hiring. Ad
hoc subcommittees may also be convened to address other
issues. Such subcommittees shall meet as needed to complete
their work, and shall report their findings back to the
Commission. Subcommittees shall include members of the
Commission, and may also include non-members such as forensic
science stakeholders and subject matter experts.
(e) Meetings. The Commission shall meet quarterly, at the
call of the chairperson. Facilities for meeting, whether
remotely or in person, shall be provided for the Commission by
the Illinois State Police.
(f) Reporting by publicly funded ISO 17025 accredited
forensic laboratories. All State and local publicly funded ISO
17025 accredited forensic laboratory systems, including, but
not limited to, the DuPage County Forensic Science Center, the
Northeastern Illinois Regional Crime Laboratory, and the
Illinois State Police, shall annually provide to the
Commission a report summarizing its significant
non-conformities with the efficient delivery of forensic
services and the sound practice of forensic science. The
report will identify: each significant non-conformity or
deficient method; how the non-conformity or deficient method
was detected; the nature and extent of the non-conformity or
deficient method; all corrective actions implemented to
address the non-conformity or deficient method; and an
analysis of the effectiveness of the corrective actions taken.
(g) Definition. As used in this Section, "Commission"
means the Illinois Forensic Science Commission.
(Source: P.A. 102-523, eff. 8-20-21; 103-34, eff. 1-1-24.)
(20 ILCS 2605/2605-378 rep.)
Section 15. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by repealing
Section 2605-378.
Section 20. The Illinois State Police Act is amended by
changing Section 40.1 as follows:
(20 ILCS 2610/40.1)
Sec. 40.1. Mandated training compliance. The Director of
the Illinois State Police and the Illinois State Police
Academy shall ensure all Illinois State Police cadets and
officers comply with all statutory, regulatory, and department
mandated training. The Illinois State Police Academy shall
maintain and store training records for Illinois State Police
officers.
(Source: P.A. 101-652, eff. 1-1-22.)
Section 25. The Narcotic Control Division Abolition Act is
amended by by changing Section 9 as follows:
(20 ILCS 2620/9) (from Ch. 127, par. 55l)
Sec. 9. The Director shall make , in an annual report to the
Governor, report the results obtained in the enforcement of
this Act available on the Illinois State Police website and
may make , together with such other information and
recommendations to the Governor annually as the Director he
deems proper.
(Source: P.A. 76-442.)
Section 30. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the following Sections of the
Unified Code of Corrections:
Business Offense, Section 5-1-2.
Charge, Section 5-1-3.
Court, Section 5-1-6.
Defendant, Section 5-1-7.
Felony, Section 5-1-9.
Imprisonment, Section 5-1-10.
Judgment, Section 5-1-12.
Misdemeanor, Section 5-1-14.
Offense, Section 5-1-15.
Parole, Section 5-1-16.
Petty Offense, Section 5-1-17.
Probation, Section 5-1-18.
Sentence, Section 5-1-19.
Supervision, Section 5-1-21.
Victim, Section 5-1-22.
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by Section 5-1-3
of the Unified Code of Corrections) brought against a
defendant where the defendant is not arrested prior to
or as a direct result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of
competent jurisdiction authorized to try the case
without a jury. An order of supervision successfully
completed by the petitioner is not a conviction. An
order of qualified probation (as defined in subsection
(a)(1)(J)) successfully completed by the petitioner is
not a conviction. An order of supervision or an order
of qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively
considered the "last sentence" regardless of whether
they were ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner
was charged or for which the petitioner was arrested
and released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control
Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act, but any index issued by the circuit court clerk
before the entry of the order to seal shall not be
affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the
final satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision
of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Section 12-3.1 or 12-3.2 of the Criminal
Code of 1961 or the Criminal Code of 2012, or
Section 125 of the Stalking No Contact Order Act,
or Section 219 of the Civil No Contact Order Act,
or a similar provision of a local ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Illinois State
Police for persons arrested prior to their 17th birthday
shall be expunged as provided in Section 5-915 of the
Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Illinois State Police, other criminal justice agencies,
the prosecutor, and the trial court concerning such
arrest, if any, by removing his or her name from all such
records in connection with the arrest and conviction, if
any, and by inserting in the records the name of the
offender, if known or ascertainable, in lieu of the
aggrieved's name. The records of the circuit court clerk
shall be sealed until further order of the court upon good
cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the
order. Nothing in this Section shall limit the Illinois
State Police or other criminal justice agencies or
prosecutors from listing under an offender's name the
false names he or she has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Illinois State Police concerning the offense shall
not be sealed. The court, upon good cause shown, shall
make the records of the circuit court clerk in connection
with the proceedings of the trial court concerning the
offense available for public inspection.
(6) If a conviction has been set aside on direct
review or on collateral attack and the court determines by
clear and convincing evidence that the petitioner was
factually innocent of the charge, the court that finds the
petitioner factually innocent of the charge shall enter an
expungement order for the conviction for which the
petitioner has been determined to be innocent as provided
in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the Illinois
State Police from maintaining all records of any person
who is admitted to probation upon terms and conditions and
who fulfills those terms and conditions pursuant to
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.
(8) If the petitioner has been granted a certificate
of innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsections (c)(2)(A) and (c)(2)(B) may be sealed at
any time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registry Act Arsonist
Registration Act, the Sex Offender Registration Act,
or the Murderer and Violent Offender Against Youth
Registration Act may not be sealed until the
petitioner is no longer required to register under
that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level
Test of General Educational Development, during the
period of his or her sentence or mandatory supervised
release. This subparagraph shall apply only to a
petitioner who has not completed the same educational
goal prior to the period of his or her sentence or
mandatory supervised release. If a petition for
sealing eligible records filed under this subparagraph
is denied by the court, the time periods under
subparagraph (B) or (C) shall apply to any subsequent
petition for sealing filed by the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent
felony offense, order the unsealing of prior felony
conviction records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for
the sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January
1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph
(10) of subsection (a) of Section 3-3-2 of the Unified
Code of Corrections, the certificate shall be attached to
the petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has taken within 30
days before the filing of the petition a test showing the
absence within his or her body of all illegal substances
as defined by the Illinois Controlled Substances Act and
the Methamphetamine Control and Community Protection Act
if he or she is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on
the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Illinois State Police, the
arresting agency and the chief legal officer of the unit
of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the
basis of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Illinois State Police, the arresting agency, or the
chief legal officer files an objection to the petition
to expunge or seal within 60 days from the date of
service of the petition, the court shall enter an
order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(D) Notwithstanding any other provision of law,
the court shall not deny a petition to expunge or seal
under this Section because the petitioner has
submitted a drug test taken within 30 days before the
filing of the petition to expunge or seal that
indicates a positive test for the presence of cannabis
within the petitioner's body. In this subparagraph
(D), "cannabis" has the meaning ascribed to it in
Section 3 of the Cannabis Control Act.
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior
to the hearing, the State's Attorney shall consult with
the Illinois State Police as to the appropriateness of the
relief sought in the petition to expunge or seal. At the
hearing, the court shall hear evidence on whether the
petition should or should not be granted, and shall grant
or deny the petition to expunge or seal the records based
on the evidence presented at the hearing. The court may
consider the following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is
denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Illinois State Police, in a form and
manner prescribed by the Illinois State Police, to the
petitioner, to the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, to the arresting
agency, to the chief legal officer of the unit of local
government effecting the arrest, and to such other
criminal justice agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Illinois State Police, and any other agency as
ordered by the court, within 60 days of the date of
service of the order, unless a motion to vacate,
modify, or reconsider the order is filed pursuant
to paragraph (12) of subsection (d) of this
Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Illinois State Police, or
the agency receiving such inquiry, shall reply as
it does in response to inquiries when no records
ever existed.
(B) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Illinois State Police, or
the agency receiving such inquiry shall reply as
it does in response to inquiries when no records
ever existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for these
records from anyone not authorized by law to
access the records, the court, the Illinois State
Police, or the agency receiving the inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police,
and the court shall seal the records (as defined in
subsection (a)(1)(K)). In response to an inquiry for
such records, from anyone not authorized by law to
access such records, the court, the Illinois State
Police, or the agency receiving such inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(D) The Illinois State Police shall send written
notice to the petitioner of its compliance with each
order to expunge or seal records within 60 days of the
date of service of that order or, if a motion to
vacate, modify, or reconsider is filed, within 60 days
of service of the order resolving the motion, if that
order requires the Illinois State Police to expunge or
seal records. In the event of an appeal from the
circuit court order, the Illinois State Police shall
send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police may charge the
petitioner a fee equivalent to the cost of processing any
order to expunge or seal records. Notwithstanding any
provision of the Clerks of Courts Act to the contrary, the
circuit court clerk may charge a fee equivalent to the
cost associated with the sealing or expungement of records
by the circuit court clerk. From the total filing fee
collected for the petition to seal or expunge, the circuit
court clerk shall deposit $10 into the Circuit Court Clerk
Operation and Administrative Fund, to be used to offset
the costs incurred by the circuit court clerk in
performing the additional duties required to serve the
petition to seal or expunge on all parties. The circuit
court clerk shall collect and remit the Illinois State
Police portion of the fee to the State Treasurer and it
shall be deposited in the State Police Services Fund. If
the record brought under an expungement petition was
previously sealed under this Section, the fee for the
expungement petition for that same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or
reconsider. The circuit court retains jurisdiction to
determine whether the order is voidable and to vacate,
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to
notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's
mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after
August 5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Illinois State Police may be disseminated by the Illinois
State Police only to the arresting authority, the State's
Attorney, and the court upon a later arrest for the same or
similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense,
the Department of Corrections shall have access to all sealed
records of the Illinois State Police pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police be sealed
until further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all sealed records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
sealing, the circuit court clerk shall promptly mail a copy of
the order to the person who was granted the certificate of
eligibility for sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for
expungement by the Prisoner Review Board which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the
petitioner obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all expunged records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a
copy of the order to the person who was granted the certificate
of eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the
disposition of other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge
shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it
is filed. Petitions for immediate sealing shall be
ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Illinois State Police shall comply with
paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Illinois State
Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing or vacation and expungement of trafficking
victims' crimes.
(1) A trafficking victim, as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012, may petition for vacation and expungement or
immediate sealing of his or her criminal record upon the
completion of his or her last sentence if his or her
participation in the underlying offense was a result of
human trafficking under Section 10-9 of the Criminal Code
of 2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(1.5) A petition under paragraph (1) shall be
prepared, signed, and filed in accordance with Supreme
Court Rule 9. The court may allow the petitioner to attend
any required hearing remotely in accordance with local
rules. The court may allow a petition to be filed under
seal if the public filing of the petition would constitute
a risk of harm to the petitioner.
(2) A petitioner under this subsection (h), in
addition to the requirements provided under paragraph (4)
of subsection (d) of this Section, shall include in his or
her petition a clear and concise statement that: (A) he or
she was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a result of human trafficking under Section
10-9 of the Criminal Code of 2012 or a severe form of
trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the
petitioner is not entitled to vacation and expungement or
immediate sealing under this subsection (h), the court
shall conduct a hearing under paragraph (7) of subsection
(d) of this Section and the court shall determine whether
the petitioner is entitled to vacation and expungement or
immediate sealing under this subsection (h). A petitioner
is eligible for vacation and expungement or immediate
relief under this subsection (h) if he or she shows, by a
preponderance of the evidence, that: (A) he or she was a
victim of human trafficking at the time of the offense;
and (B) that his or her participation in the offense was a
result of human trafficking under Section 10-9 of the
Criminal Code of 2012 or a severe form of trafficking
under the federal Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25,
2019 (the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the
date of the arrest or law enforcement interaction
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019
(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry
shall reply as it does in response to inquiries when no
records ever existed; however, it shall provide a
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Department of State Police
shall review all criminal history record information
and identify all records that meet all of the
following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the
individual had been convicted. Such petition may
include more than one individual. Whenever an
individual who has been convicted of an offense is
granted a pardon by the Governor that specifically
authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Illinois State Police be expunged
and the name of the defendant obliterated from the
official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for
the offense for which the individual had received a
pardon but the order shall not affect any index issued
by the circuit court clerk before the entry of the
order. Upon entry of the order of expungement, the
circuit court clerk shall promptly provide a copy of
the order and a certificate of disposition to the
individual who was pardoned to the individual's last
known address or by electronic means (if available) or
otherwise make it available to the individual upon
request.
(D) Nothing in this Section is intended to
diminish or abrogate any rights or remedies otherwise
available to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law
enforcement, the petitioner's age, the petitioner's age at
the time of offense, the time since the conviction, and
the specific adverse consequences if denied. An individual
may file such a petition after the completion of any
non-financial sentence or non-financial condition imposed
by the conviction. Within 60 days of the filing of such
motion, a State's Attorney may file an objection to such a
petition along with supporting evidence. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest
Attorney Assistance Act, assisting individuals seeking to
file a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual. Motions filed by an agency
providing civil legal aid concerning more than one
individual may be prepared, presented, and signed
electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall
consider the following: the reasons to retain the records
provided by law enforcement, the individual's age, the
individual's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. Upon entry of an order granting a motion to vacate
and expunge records pursuant to this Section, the State's
Attorney shall notify the Prisoner Review Board within 30
days. Upon entry of the order of expungement, the circuit
court clerk shall promptly provide a copy of the order and
a certificate of disposition to the individual whose
records will be expunged to the individual's last known
address or by electronic means (if available) or otherwise
make available to the individual upon request. If a motion
to vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019
(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of
his or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)
the case is pending at the time; and (C) the person has not
been sentenced of the minor cannabis violation eligible
for expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Illinois State Police shall allow a person to
use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to Minor Cannabis Offenses of the
Cannabis Control Act eligible under this Section have been
expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall
be to restore the person to the status he or she occupied
before the arrest, charge, or conviction.
(11) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (i).
(j) Felony Prostitution Convictions.
(1) Any individual may file a motion to vacate and
expunge a conviction for a prior Class 4 felony violation
of prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
designated by the Chief Judge. When considering the motion
to vacate and expunge, a court shall consider the
following:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
and
(D) the time since the conviction, and the
specific adverse consequences if denied. An individual
may file the petition after the completion of any
sentence or condition imposed by the conviction.
Within 60 days of the filing of the motion, a State's
Attorney may file an objection to the petition along
with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in
accordance with subparagraph (d)(9)(A) of this
Section. An agency providing civil legal aid, as
defined in Section 15 of the Public Interest Attorney
Assistance Act, assisting individuals seeking to file
a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may
include more than one individual.
(2) Any State's Attorney may file a motion to vacate
and expunge a conviction for a Class 4 felony violation of
prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
court designated by the Chief Judge, and may include more
than one individual. When considering the motion to vacate
and expunge, a court shall consider the following reasons:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
(D) the time since the conviction; and
(E) the specific adverse consequences if denied.
If the State's Attorney files a motion to vacate and
expunge records for felony prostitution convictions
pursuant to this Section, the State's Attorney shall
notify the Prisoner Review Board within 30 days of the
filing. If a motion to vacate and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(3) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(4) The Illinois State Police shall allow a person to
a use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to felony prostitution eligible under
this Section have been expunged.
(5) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(6) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(7) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (j).
(Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;
102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)
Section 35. The Illinois Vehicle Hijacking and Motor
Vehicle Theft Prevention and Insurance Verification Act is
amended by changing Section 8.6 as follows:
(20 ILCS 4005/8.6)
Sec. 8.6. Private passenger motor vehicle insurance. State
Police Training and Academy Fund; Law Enforcement Training
Fund. Before April 1 of each year, each insurer engaged in
writing private passenger motor vehicle insurance coverage
that is included in Class 2 and Class 3 of Section 4 of the
Illinois Insurance Code, as a condition of its authority to
transact business in this State, may collect and shall pay to
the Department of Insurance an amount equal to $4, or a lesser
amount determined by the Illinois Law Enforcement Training
Standards Board by rule, multiplied by the insurer's total
earned car years of private passenger motor vehicle insurance
policies providing physical damage insurance coverage written
in this State during the preceding calendar year. Of the
amounts collected under this Section, the Department of
Insurance shall deposit 10% into the State Police Law
Enforcement Administration Fund State Police Training and
Academy Fund and 90% into the Law Enforcement Training Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22;
102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.)
Section 40. The State Finance Act is amended by changing
Sections 5.946, 5.963, 6z-106, 6z-125, and 6z-127 as follows:
(30 ILCS 105/5.946)
Sec. 5.946. The State Police Training and Academy Fund.
This Section is repealed on July 1, 2025.
(Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22.)
(30 ILCS 105/5.963)
Sec. 5.963. The State Police Firearm Revocation
Enforcement Fund.
(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)
(30 ILCS 105/6z-106)
Sec. 6z-106. State Police Law Enforcement Administration
Fund.
(a) There is created in the State treasury a special fund
known as the State Police Law Enforcement Administration Fund.
The Fund shall receive revenue under subsection (c) of Section
10-5 of the Criminal and Traffic Assessment Act and Section
500-135 of the Illinois Insurance Code. The Fund shall also
receive the moneys designated to be paid into the Fund under
subsection (a-5) of Section 500-135 of the Illinois Insurance
Code and Section 8.6 of the Illinois Vehicle Hijacking and
Motor Vehicle Theft Prevention and Insurance Verification Act.
The Fund may also receive revenue from grants, donations,
appropriations, and any other legal source.
(b) The Illinois State Police may use moneys in the Fund to
finance any of its lawful purposes or functions, including,
but not limited to, training for forensic laboratory personnel
and other State Police personnel. However, ; however, the
primary purpose of the Fund shall be to finance State Police
cadet classes in May and October of each year.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The State Police Law Enforcement Administration Fund
shall not be subject to administrative chargebacks.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
(30 ILCS 105/6z-125)
Sec. 6z-125. State Police Training and Academy Fund. The
State Police Training and Academy Fund is hereby created as a
special fund in the State treasury. Moneys in the Fund shall
consist of: (i) 10% of the revenue from increasing the
insurance producer license fees, as provided under subsection
(a-5) of Section 500-135 of the Illinois Insurance Code; and
(ii) 10% of the moneys collected from auto insurance policy
fees under Section 8.6 of the Illinois Vehicle Hijacking and
Motor Vehicle Theft Prevention and Insurance Verification Act.
This Fund shall be used by the Illinois State Police to fund
training and other State Police institutions, including, but
not limited to, forensic laboratories. On July 1, 2025, or as
soon thereafter as possible, the balance remaining in the
State Police Training and Academy Fund shall be transferred to
the State Police Law Enforcement Administration Fund. The
State Police Training and Academy Fund is dissolved upon that
transfer. This Section is repealed on January 1, 2026.
(Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22;
102-904, eff. 1-1-23.)
(30 ILCS 105/6z-127)
Sec. 6z-127. State Police Firearm Revocation Enforcement
Fund.
(a) The State Police Firearm Revocation Enforcement Fund
is established as a special fund in the State treasury. This
Fund is established to receive moneys from the Firearm Owners
Identification Card Act to enforce that Act, the Firearm
Concealed Carry Act, Article 24 of the Criminal Code of 2012,
and other firearm offenses. The Fund may also receive revenue
from grants, donations, appropriations, and any other legal
source.
(b) The Illinois State Police may use moneys from the Fund
to establish task forces and, if necessary, include other law
enforcement agencies, under intergovernmental contracts
written and executed in conformity with the Intergovernmental
Cooperation Act.
(c) The Illinois State Police may use moneys in the Fund to
hire and train State Police officers and for the prevention of
violent crime.
(d) The State Police Firearm Revocation Enforcement Fund
is not subject to administrative chargebacks.
(e) Law enforcement agencies that participate in Firearm
Owner's Identification Card revocation enforcement in the
Violent Crime Intelligence Task Force may apply for grants
from the Illinois State Police.
(f) Any surplus in the Fund beyond what is necessary to
ensure compliance with subsections (a) through (e) or moneys
that are specifically appropriated for those purposes shall be
used by the Illinois State Police to award grants to assist
with the data reporting requirements of the Gun Trafficking
Information Act.
(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22;
103-34, eff. 6-9-23.)
Section 45. The School Code is amended by changing
Sections 10-27.1A and 10-27.1B as follows:
(105 ILCS 5/10-27.1A)
Sec. 10-27.1A. Firearms in schools.
(a) All school officials, including teachers, school
counselors, and support staff, shall immediately notify the
office of the principal in the event that they observe any
person in possession of a firearm on school grounds; provided
that taking such immediate action to notify the office of the
principal would not immediately endanger the health, safety,
or welfare of students who are under the direct supervision of
the school official or the school official. If the health,
safety, or welfare of students under the direct supervision of
the school official or of the school official is immediately
endangered, the school official shall notify the office of the
principal as soon as the students under his or her supervision
and he or she are no longer under immediate danger. A report is
not required by this Section when the school official knows
that the person in possession of the firearm is a law
enforcement official engaged in the conduct of his or her
official duties. Any school official acting in good faith who
makes such a report under this Section shall have immunity
from any civil or criminal liability that might otherwise be
incurred as a result of making the report. The identity of the
school official making such report shall not be disclosed
except as expressly and specifically authorized by law.
Knowingly and willfully failing to comply with this Section is
a petty offense. A second or subsequent offense is a Class C
misdemeanor.
(b) Upon receiving a report from any school official
pursuant to this Section, or from any other person, the
principal or his or her designee shall immediately notify a
local law enforcement agency. If the person found to be in
possession of a firearm on school grounds is a student, the
principal or his or her designee shall also immediately notify
that student's parent or guardian. Any principal or his or her
designee acting in good faith who makes such reports under
this Section shall have immunity from any civil or criminal
liability that might otherwise be incurred or imposed as a
result of making the reports. Knowingly and willfully failing
to comply with this Section is a petty offense. A second or
subsequent offense is a Class C misdemeanor. If the person
found to be in possession of the firearm on school grounds is a
minor, the law enforcement agency shall detain that minor
until such time as the agency makes a determination pursuant
to clause (a) of subsection (1) of Section 5-401 of the
Juvenile Court Act of 1987, as to whether the agency
reasonably believes that the minor is delinquent. If the law
enforcement agency determines that probable cause exists to
believe that the minor committed a violation of item (4) of
subsection (a) of Section 24-1 of the Criminal Code of 2012
while on school grounds, the agency shall detain the minor for
processing pursuant to Section 5-407 of the Juvenile Court Act
of 1987.
(c) Upon receipt of any written, electronic, or verbal
report from any school personnel regarding a verified incident
involving a firearm in a school or on school owned or leased
property, including any conveyance owned, leased, or used by
the school for the transport of students or school personnel,
the superintendent or his or her designee shall report all
such firearm-related incidents occurring in a school or on
school property to the local law enforcement authorities
immediately, who shall report to the Illinois State Police in
a form, manner, and frequency as prescribed by the Illinois
State Police.
The State Board of Education shall receive an annual
statistical compilation and related data associated with
incidents involving firearms in schools from the Illinois
State Police. The State Board of Education shall compile this
information by school district and make it available to the
public.
(c-5) Schools shall report any written, electronic, or
verbal report of a verified incident involving a firearm made
under subsection (c) to the State Board of Education through
existing school incident reporting systems as they occur
during the year by no later than August 1 of each year. The
State Board of Education shall report data by school district,
as collected from school districts, and make it available to
the public via its website. The local law enforcement
authority shall, by March 1 of each year, report the required
data from the previous year to the Illinois State Police's
Illinois Uniform Crime Reporting Program, which shall be
included in its annual Crime in Illinois report.
(d) As used in this Section, the term "firearm" shall have
the meaning ascribed to it in Section 1.1 of the Firearm Owners
Identification Card Act.
As used in this Section, the term "school" means any
public or private elementary or secondary school.
As used in this Section, the term "school grounds"
includes the real property comprising any school, any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity, or any public way within 1,000 feet of the real
property comprising any school.
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
(105 ILCS 5/10-27.1B)
Sec. 10-27.1B. Reporting drug-related incidents in
schools.
(a) In this Section:
"Drug" means "cannabis" as defined under subsection (a) of
Section 3 of the Cannabis Control Act, "narcotic drug" as
defined under subsection (aa) of Section 102 of the Illinois
Controlled Substances Act, or "methamphetamine" as defined
under Section 10 of the Methamphetamine Control and Community
Protection Act.
"School" means any public or private elementary or
secondary school.
(b) Upon receipt of any written, electronic, or verbal
report from any school personnel regarding a verified incident
involving drugs in a school or on school owned or leased
property, including any conveyance owned, leased, or used by
the school for the transport of students or school personnel,
the superintendent or his or her designee, or other
appropriate administrative officer for a private school, shall
report all such drug-related incidents occurring in a school
or on school property to the local law enforcement authorities
immediately and to the Illinois State Police in a form,
manner, and frequency as prescribed by the Illinois State
Police.
(c) (Blank). The State Board of Education shall receive an
annual statistical compilation and related data associated
with drug-related incidents in schools from the Illinois State
Police. The State Board of Education shall compile this
information by school district and make it available to the
public.
(d) Schools shall report any written, electronic, or
verbal report of an incident involving drugs made under
subsection (b) to the State Board of Education through
existing school incident reporting systems as they occur
during the year by no later than August 1 of each year. The
State Board of Education shall report data by school district,
as collected from school districts, and make it available to
the public via its website. The local law enforcement
authority shall, by March 1 of each year, report the required
data from the previous year to the Illinois State Police's
Illinois Uniform Crime Reporting Program, which shall be
included in its annual Crime in Illinois report.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 50. The Illinois Insurance Code is amended by
changing Section 500-135 as follows:
(215 ILCS 5/500-135)
(Section scheduled to be repealed on January 1, 2027)
Sec. 500-135. Fees.
(a) The fees required by this Article are as follows:
(1) a fee of $215 for a person who is a resident of
Illinois, and $380 for a person who is not a resident of
Illinois, payable once every 2 years for an insurance
producer license;
(2) a fee of $50 for the issuance of a temporary
insurance producer license;
(3) a fee of $150 payable once every 2 years for a
business entity;
(4) an annual $50 fee for a limited line producer
license issued under items (1) through (8) of subsection
(a) of Section 500-100;
(5) a $50 application fee for the processing of a
request to take the written examination for an insurance
producer license;
(6) an annual registration fee of $1,000 for
registration of an education provider;
(7) a certification fee of $50 for each certified
pre-licensing or continuing education course and an annual
fee of $20 for renewing the certification of each such
course;
(8) a fee of $215 for a person who is a resident of
Illinois, and $380 for a person who is not a resident of
Illinois, payable once every 2 years for a car rental
limited line license;
(9) a fee of $200 payable once every 2 years for a
limited lines license other than the licenses issued under
items (1) through (8) of subsection (a) of Section
500-100, a car rental limited line license, or a
self-service storage facility limited line license;
(10) a fee of $50 payable once every 2 years for a
self-service storage facility limited line license.
(a-5) Beginning on July 1, 2021, an amount equal to the
additional amount of revenue collected under paragraphs (1)
and (8) of subsection (a) as a result of the increase in the
fees under this amendatory Act of the 102nd General Assembly
shall be transferred annually, with 10% of that amount paid
into the State Police Law Enforcement Administration Fund
State Police Training and Academy Fund and 90% of that amount
paid into the Law Enforcement Training Fund.
(b) Except as otherwise provided, all fees paid to and
collected by the Director under this Section shall be paid
promptly after receipt thereof, together with a detailed
statement of such fees, into a special fund in the State
Treasury to be known as the Insurance Producer Administration
Fund. The moneys deposited into the Insurance Producer
Administration Fund may be used only for payment of the
expenses of the Department in the execution, administration,
and enforcement of the insurance laws of this State, and shall
be appropriated as otherwise provided by law for the payment
of those expenses with first priority being any expenses
incident to or associated with the administration and
enforcement of this Article.
(Source: P.A. 102-16, eff. 6-17-21.)
Section 55. The Illinois Gambling Act is amended by
changing Sections 7.7 and 22 as follows:
(230 ILCS 10/7.7)
Sec. 7.7. Organization gaming licenses.
(a) The Illinois Gaming Board shall award one organization
gaming license to each person or entity having operating
control of a racetrack that applies under Section 56 of the
Illinois Horse Racing Act of 1975, subject to the application
and eligibility requirements of this Section. Within 60 days
after the effective date of this amendatory Act of the 101st
General Assembly, a person or entity having operating control
of a racetrack may submit an application for an organization
gaming license. The application shall be made on such forms as
provided by the Board and shall contain such information as
the Board prescribes, including, but not limited to, the
identity of any racetrack at which gaming will be conducted
pursuant to an organization gaming license, detailed
information regarding the ownership and management of the
applicant, and detailed personal information regarding the
applicant. The application shall specify the number of gaming
positions the applicant intends to use and the place where the
organization gaming facility will operate. A person who
knowingly makes a false statement on an application is guilty
of a Class A misdemeanor.
Each applicant shall disclose the identity of every person
or entity having a direct or indirect pecuniary interest
greater than 1% in any racetrack with respect to which the
license is sought. If the disclosed entity is a corporation,
the applicant shall disclose the names and addresses of all
officers, stockholders, and directors. If the disclosed entity
is a limited liability company, the applicant shall disclose
the names and addresses of all members and managers. If the
disclosed entity is a partnership, the applicant shall
disclose the names and addresses of all partners, both general
and limited. If the disclosed entity is a trust, the applicant
shall disclose the names and addresses of all beneficiaries.
An application shall be filed and considered in accordance
with the rules of the Board. Each application for an
organization gaming license shall include a nonrefundable
application fee of $250,000. In addition, a nonrefundable fee
of $50,000 shall be paid at the time of filing to defray the
costs associated with background investigations conducted by
the Board. If the costs of the background investigation exceed
$50,000, the applicant shall pay the additional amount to the
Board within 7 days after a request by the Board. If the costs
of the investigation are less than $50,000, the applicant
shall receive a refund of the remaining amount. All
information, records, interviews, reports, statements,
memoranda, or other data supplied to or used by the Board in
the course of this review or investigation of an applicant for
an organization gaming license under this Act shall be
privileged and strictly confidential and shall be used only
for the purpose of evaluating an applicant for an organization
gaming license or a renewal. Such information, records,
interviews, reports, statements, memoranda, or other data
shall not be admissible as evidence nor discoverable in any
action of any kind in any court or before any tribunal, board,
agency or person, except for any action deemed necessary by
the Board. The application fee shall be deposited into the
State Gaming Fund.
Any applicant or key person, including the applicant's
owners, officers, directors (if a corporation), managers and
members (if a limited liability company), and partners (if a
partnership), for an organization gaming license shall submit
with his or her application, on forms provided by the Board, 2
sets of have his or her fingerprints. The board shall charge
each applicant a fee set by submitted to the Illinois State
Police to defray the costs associated with the search and
classification of fingerprints obtained by the Board with
respect to the applicant's application. The fees in an
electronic format that complies with the form and manner for
requesting and furnishing criminal history record information
as prescribed by the Illinois State Police. These fingerprints
shall be checked against the Illinois State Police and Federal
Bureau of Investigation criminal history record databases now
and hereafter filed, including, but not limited to, civil,
criminal, and latent fingerprint databases. The Illinois State
Police shall charge applicants a fee for conducting the
criminal history records check, which shall be deposited into
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois State Police shall
furnish, pursuant to positive identification, records of
Illinois criminal history to the Illinois State Police.
(b) The Board shall determine within 120 days after
receiving an application for an organization gaming license
whether to grant an organization gaming license to the
applicant. If the Board does not make a determination within
that time period, then the Board shall give a written
explanation to the applicant as to why it has not reached a
determination and when it reasonably expects to make a
determination.
The organization gaming licensee shall purchase up to the
amount of gaming positions authorized under this Act within
120 days after receiving its organization gaming license. If
an organization gaming licensee is prepared to purchase the
gaming positions, but is temporarily prohibited from doing so
by order of a court of competent jurisdiction or the Board,
then the 120-day period is tolled until a resolution is
reached.
An organization gaming license shall authorize its holder
to conduct gaming under this Act at its racetracks on the same
days of the year and hours of the day that owners licenses are
allowed to operate under approval of the Board.
An organization gaming license and any renewal of an
organization gaming license shall authorize gaming pursuant to
this Section for a period of 4 years. The fee for the issuance
or renewal of an organization gaming license shall be
$250,000.
All payments by licensees under this subsection (b) shall
be deposited into the Rebuild Illinois Projects Fund.
(c) To be eligible to conduct gaming under this Section, a
person or entity having operating control of a racetrack must
(i) obtain an organization gaming license, (ii) hold an
organization license under the Illinois Horse Racing Act of
1975, (iii) hold an inter-track wagering license, (iv) pay an
initial fee of $30,000 per gaming position from organization
gaming licensees where gaming is conducted in Cook County and,
except as provided in subsection (c-5), $17,500 for
organization gaming licensees where gaming is conducted
outside of Cook County before beginning to conduct gaming plus
make the reconciliation payment required under subsection (k),
(v) conduct live racing in accordance with subsections (e-1),
(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act
of 1975, (vi) meet the requirements of subsection (a) of
Section 56 of the Illinois Horse Racing Act of 1975, (vii) for
organization licensees conducting standardbred race meetings,
keep backstretch barns and dormitories open and operational
year-round unless a lesser schedule is mutually agreed to by
the organization licensee and the horsemen association racing
at that organization licensee's race meeting, (viii) for
organization licensees conducting thoroughbred race meetings,
the organization licensee must maintain accident medical
expense liability insurance coverage of $1,000,000 for
jockeys, and (ix) meet all other requirements of this Act that
apply to owners licensees.
An organization gaming licensee may enter into a joint
venture with a licensed owner to own, manage, conduct, or
otherwise operate the organization gaming licensee's
organization gaming facilities, unless the organization gaming
licensee has a parent company or other affiliated company that
is, directly or indirectly, wholly owned by a parent company
that is also licensed to conduct organization gaming, casino
gaming, or their equivalent in another state.
All payments by licensees under this subsection (c) shall
be deposited into the Rebuild Illinois Projects Fund.
(c-5) A person or entity having operating control of a
racetrack located in Madison County shall only pay the initial
fees specified in subsection (c) for 540 of the gaming
positions authorized under the license.
(d) A person or entity is ineligible to receive an
organization gaming license if:
(1) the person or entity has been convicted of a
felony under the laws of this State, any other state, or
the United States, including a conviction under the
Racketeer Influenced and Corrupt Organizations Act;
(2) the person or entity has been convicted of any
violation of Article 28 of the Criminal Code of 2012, or
substantially similar laws of any other jurisdiction;
(3) the person or entity has submitted an application
for a license under this Act that contains false
information;
(4) the person is a member of the Board;
(5) a person defined in (1), (2), (3), or (4) of this
subsection (d) is an officer, director, or managerial
employee of the entity;
(6) the person or entity employs a person defined in
(1), (2), (3), or (4) of this subsection (d) who
participates in the management or operation of gambling
operations authorized under this Act; or
(7) a license of the person or entity issued under
this Act or a license to own or operate gambling
facilities in any other jurisdiction has been revoked.
(e) The Board may approve gaming positions pursuant to an
organization gaming license statewide as provided in this
Section. The authority to operate gaming positions under this
Section shall be allocated as follows: up to 1,200 gaming
positions for any organization gaming licensee in Cook County
and up to 900 gaming positions for any organization gaming
licensee outside of Cook County.
(f) Each applicant for an organization gaming license
shall specify in its application for licensure the number of
gaming positions it will operate, up to the applicable
limitation set forth in subsection (e) of this Section. Any
unreserved gaming positions that are not specified shall be
forfeited and retained by the Board. For the purposes of this
subsection (f), an organization gaming licensee that did not
conduct live racing in 2010 and is located within 3 miles of
the Mississippi River may reserve up to 900 positions and
shall not be penalized under this Section for not operating
those positions until it meets the requirements of subsection
(e) of this Section, but such licensee shall not request
unreserved gaming positions under this subsection (f) until
its 900 positions are all operational.
Thereafter, the Board shall publish the number of
unreserved gaming positions and shall accept requests for
additional positions from any organization gaming licensee
that initially reserved all of the positions that were
offered. The Board shall allocate expeditiously the unreserved
gaming positions to requesting organization gaming licensees
in a manner that maximizes revenue to the State. The Board may
allocate any such unused gaming positions pursuant to an open
and competitive bidding process, as provided under Section 7.5
of this Act. This process shall continue until all unreserved
gaming positions have been purchased. All positions obtained
pursuant to this process and all positions the organization
gaming licensee specified it would operate in its application
must be in operation within 18 months after they were obtained
or the organization gaming licensee forfeits the right to
operate those positions, but is not entitled to a refund of any
fees paid. The Board may, after holding a public hearing,
grant extensions so long as the organization gaming licensee
is working in good faith to make the positions operational.
The extension may be for a period of 6 months. If, after the
period of the extension, the organization gaming licensee has
not made the positions operational, then another public
hearing must be held by the Board before it may grant another
extension.
Unreserved gaming positions retained from and allocated to
organization gaming licensees by the Board pursuant to this
subsection (f) shall not be allocated to owners licensees
under this Act.
For the purpose of this subsection (f), the unreserved
gaming positions for each organization gaming licensee shall
be the applicable limitation set forth in subsection (e) of
this Section, less the number of reserved gaming positions by
such organization gaming licensee, and the total unreserved
gaming positions shall be the aggregate of the unreserved
gaming positions for all organization gaming licensees.
(g) An organization gaming licensee is authorized to
conduct the following at a racetrack:
(1) slot machine gambling;
(2) video game of chance gambling;
(3) gambling with electronic gambling games as defined
in this Act or defined by the Illinois Gaming Board; and
(4) table games.
(h) Subject to the approval of the Illinois Gaming Board,
an organization gaming licensee may make modification or
additions to any existing buildings and structures to comply
with the requirements of this Act. The Illinois Gaming Board
shall make its decision after consulting with the Illinois
Racing Board. In no case, however, shall the Illinois Gaming
Board approve any modification or addition that alters the
grounds of the organization licensee such that the act of live
racing is an ancillary activity to gaming authorized under
this Section. Gaming authorized under this Section may take
place in existing structures where inter-track wagering is
conducted at the racetrack or a facility within 300 yards of
the racetrack in accordance with the provisions of this Act
and the Illinois Horse Racing Act of 1975.
(i) An organization gaming licensee may conduct gaming at
a temporary facility pending the construction of a permanent
facility or the remodeling or relocation of an existing
facility to accommodate gaming participants for up to 24
months after the temporary facility begins to conduct gaming
authorized under this Section. Upon request by an organization
gaming licensee and upon a showing of good cause by the
organization gaming licensee, the Board shall extend the
period during which the licensee may conduct gaming authorized
under this Section at a temporary facility by up to 12 months.
The Board shall make rules concerning the conduct of gaming
authorized under this Section from temporary facilities.
The gaming authorized under this Section may take place in
existing structures where inter-track wagering is conducted at
the racetrack or a facility within 300 yards of the racetrack
in accordance with the provisions of this Act and the Illinois
Horse Racing Act of 1975.
(i-5) Under no circumstances shall an organization gaming
licensee conduct gaming at any State or county fair.
(j) The Illinois Gaming Board must adopt emergency rules
in accordance with Section 5-45 of the Illinois Administrative
Procedure Act as necessary to ensure compliance with the
provisions of this amendatory Act of the 101st General
Assembly concerning the conduct of gaming by an organization
gaming licensee. The adoption of emergency rules authorized by
this subsection (j) shall be deemed to be necessary for the
public interest, safety, and welfare.
(k) Each organization gaming licensee who obtains gaming
positions must make a reconciliation payment 3 years after the
date the organization gaming licensee begins operating the
positions in an amount equal to 75% of the difference between
its adjusted gross receipts from gaming authorized under this
Section and amounts paid to its purse accounts pursuant to
item (1) of subsection (b) of Section 56 of the Illinois Horse
Racing Act of 1975 for the 12-month period for which such
difference was the largest, minus an amount equal to the
initial per position fee paid by the organization gaming
licensee. If this calculation results in a negative amount,
then the organization gaming licensee is not entitled to any
reimbursement of fees previously paid. This reconciliation
payment may be made in installments over a period of no more
than 6 years.
All payments by licensees under this subsection (k) shall
be deposited into the Rebuild Illinois Projects Fund.
(l) As soon as practical after a request is made by the
Illinois Gaming Board, to minimize duplicate submissions by
the applicant, the Illinois Racing Board must provide
information on an applicant for an organization gaming license
to the Illinois Gaming Board.
(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19;
101-648, eff. 6-30-20; 102-538, eff. 8-20-21.)
(230 ILCS 10/22) (from Ch. 120, par. 2422)
Sec. 22. Criminal history record information. Whenever the
Board is authorized or required by law, including, but not
limited to, requirements under Sections 6, 7, 7.4, 7.7, and 9
of this Act, to consider some aspect of criminal history
record information for the purpose of carrying out its
statutory powers and responsibilities, the Board shall, in the
form and manner required by the Illinois State Police and the
Federal Bureau of Investigation, cause to be conducted a
criminal history record investigation to obtain any
information currently or thereafter contained in the files of
the Illinois State Police or the Federal Bureau of
Investigation, including, but not limited to, civil, criminal,
and latent fingerprint databases. To facilitate this
investigation, the Board shall direct each Each applicant for
occupational licensing under sections 6, 7, 7.4, 7.7, and
Section 9 or key person as defined by the Board in
administrative rules to shall submit his or her fingerprints
to the Illinois State Police in the form and manner prescribed
by the Illinois State Police. These fingerprints shall be
checked against the fingerprint records now and hereafter
filed in the Illinois State Police and Federal Bureau of
Investigation criminal history records databases, including,
but not limited to, civil, criminal, and latent fingerprint
databases. The Illinois State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The Illinois
State Police shall provide, on the Board's request,
information concerning any criminal charges, and their
disposition, currently or thereafter filed against any
applicant, key person, or holder of any license or for
determinations of suitability. Information obtained as a
result of an investigation under this Section shall be used in
determining eligibility for any license. Upon request and
payment of fees in conformance with the requirements of
Section 2605-400 of the Illinois State Police Law, the
Illinois State Police is authorized to furnish, pursuant to
positive identification, such information contained in State
files as is necessary to fulfill the request.
(Source: P.A. 101-597, eff. 12-6-19; 102-538, eff. 8-20-21.)
Section 60. The Firearm Owners Identification Card Act is
amended by changing Section 5 as follows
(430 ILCS 65/5) (from Ch. 38, par. 83-5)
Sec. 5. Application and renewal.
(a) The Illinois State Police shall either approve or deny
all applications within 30 days from the date they are
received, except as provided in subsections (b) and (c), and
every applicant found qualified under Section 8 of this Act by
the Illinois State Police shall be entitled to a Firearm
Owner's Identification Card upon the payment of a $10 fee and
applicable processing fees. The processing fees shall be
limited to charges by the State Treasurer for using the
electronic online payment system. Any applicant who is an
active duty member of the Armed Forces of the United States, a
member of the Illinois National Guard, or a member of the
Reserve Forces of the United States is exempt from the
application fee. $5 of each fee derived from the issuance of a
Firearm Owner's Identification Card or renewals thereof shall
be deposited in the State Police Firearm Services Fund and $5
into the State Police Firearm Revocation Enforcement Fund.
(b) Renewal applications shall be approved or denied
within 60 business days, provided the applicant submitted his
or her renewal application prior to the expiration of his or
her Firearm Owner's Identification Card. If a renewal
application has been submitted prior to the expiration date of
the applicant's Firearm Owner's Identification Card, the
Firearm Owner's Identification Card shall remain valid while
the Illinois State Police processes the application, unless
the person is subject to or becomes subject to revocation
under this Act. The cost for a renewal application shall be $10
and may include applicable processing fees, which shall be
limited to charges by the State Treasurer for using the
electronic online payment system, which shall be deposited
into the State Police Firearm Services Fund.
(c) If the Firearm Owner's Identification Card of a
licensee under the Firearm Concealed Carry Act expires during
the term of the licensee's concealed carry license, the
Firearm Owner's Identification Card and the license remain
valid and the licensee does not have to renew his or her
Firearm Owner's Identification Card during the duration of the
concealed carry license. Unless the Illinois State Police has
reason to believe the licensee is no longer eligible for the
card, the Illinois State Police may automatically renew the
licensee's Firearm Owner's Identification Card and send a
renewed Firearm Owner's Identification Card to the licensee.
(d) The Illinois State Police may adopt rules concerning
the use of voluntarily submitted fingerprints, as allowed by
State and federal law.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 65. The Criminal Code of 2012 is amended by
changing Sections 29B-7 and 29B-12 as follows:
(720 ILCS 5/29B-7)
Sec. 29B-7. Safekeeping of seized property pending
disposition.
(a) If property is seized under this Article, the seizing
agency shall promptly conduct an inventory of the seized
property and estimate the property's value and shall forward a
copy of the inventory of seized property and the estimate of
the property's value to the Director. Upon receiving notice of
seizure, the Director may:
(1) place the property under seal;
(2) remove the property to a place designated by the
Director;
(3) keep the property in the possession of the seizing
agency;
(4) remove the property to a storage area for
safekeeping or, if the property is a negotiable instrument
or money and is not needed for evidentiary purposes,
deposit it in an interest bearing account;
(5) place the property under constructive seizure by
posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian, including
an owner, secured party, or lienholder, to take custody of
the property upon the terms and conditions set by the
Director.
(b) When property is forfeited under this Article, the
Director or the Director's designee shall sell all the
property unless the property is required by law to be
destroyed or is harmful to the public and shall distribute the
proceeds of the sale, together with any moneys forfeited or
seized, under Section 29B-26 of this Article.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
(720 ILCS 5/29B-12)
Sec. 29B-12. Non-judicial forfeiture. If non-real
property that exceeds $20,000 in value excluding the value of
any conveyance, or if real property is seized under the
provisions of this Article, the State's Attorney shall
institute judicial in rem forfeiture proceedings as described
in Section 29B-13 of this Article within 28 days from receipt
of notice of seizure from the seizing agency under Section
29B-8 of this Article. However, if non-real property that does
not exceed $20,000 in value excluding the value of any
conveyance is seized, the following procedure shall be used:
(1) If, after review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then, within 28
days after the receipt of notice of seizure from the
seizing agency, the State's Attorney shall cause notice of
pending forfeiture to be given to the owner of the
property and all known interest holders of the property in
accordance with Section 29B-10 of this Article.
(2) The notice of pending forfeiture shall include a
description of the property, the estimated value of the
property, the date and place of seizure, the conduct
giving rise to forfeiture or the violation of law alleged,
and a summary of procedures and procedural rights
applicable to the forfeiture action.
(3)(A) Any person claiming an interest in property
that is the subject of notice under paragraph (1) of this
Section, must, in order to preserve any rights or claims
to the property, within 45 days after the effective date
of notice as described in Section 29B-10 of this Article,
file a verified claim with the State's Attorney expressing
his or her interest in the property. The claim shall set
forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of the transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the names and addresses of all other persons
known to have an interest in the property;
(vi) the specific provision of law relied on in
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the relief sought.
(B) If a claimant files the claim, then the State's
Attorney shall institute judicial in rem forfeiture
proceedings with the clerk of the court as described in
Section 29B-13 of this Article within 28 days after
receipt of the claim.
(4) If no claim is filed within the 28-day period as
described in paragraph (3) of this Section, the State's
Attorney shall declare the property forfeited and shall
promptly notify the owner and all known interest holders
of the property and the Director of the Illinois State
Police of the declaration of forfeiture and the Director
or the Director's designee shall dispose of the property
in accordance with law.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 70. The Drug Asset Forfeiture Procedure Act is
amended by changing Section 6 as follows:
(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
Sec. 6. Non-judicial forfeiture. If non-real property that
exceeds $150,000 in value excluding the value of any
conveyance, or if real property is seized under the provisions
of the Illinois Controlled Substances Act, the Cannabis
Control Act, or the Methamphetamine Control and Community
Protection Act, the State's Attorney shall institute judicial
in rem forfeiture proceedings as described in Section 9 of
this Act within 28 days from receipt of notice of seizure from
the seizing agency under Section 5 of this Act. However, if
non-real property that does not exceed $150,000 in value
excluding the value of any conveyance is seized, the following
procedure shall be used:
(A) If, after review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then, within 28
days of the receipt of notice of seizure from the seizing
agency, the State's Attorney shall cause notice of pending
forfeiture to be given to the owner of the property and all
known interest holders of the property in accordance with
Section 4 of this Act.
(B) The notice of pending forfeiture must include a
description of the property, the estimated value of the
property, the date and place of seizure, the conduct
giving rise to forfeiture or the violation of law alleged,
and a summary of procedures and procedural rights
applicable to the forfeiture action.
(C)(1) Any person claiming an interest in property
which is the subject of notice under subsection (A) of
this Section may, within 45 days after the effective date
of notice as described in Section 4 of this Act, file a
verified claim with the State's Attorney expressing his or
her interest in the property. The claim must set forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of the transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the names and addresses of all other persons
known to have an interest in the property;
(vi) the specific provision of law relied on in
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the relief sought.
(2) If a claimant files the claim then the State's
Attorney shall institute judicial in rem forfeiture
proceedings within 28 days after receipt of the claim.
(D) If no claim is filed within the 45-day period as
described in subsection (C) of this Section, the State's
Attorney shall declare the property forfeited and shall
promptly notify the owner and all known interest holders
of the property and the Director of the Illinois State
Police of the declaration of forfeiture and the Director
or the Director's designee shall dispose of the property
in accordance with law.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 75. The Unified Code of Corrections is amended by
changing Section 5-5.5-5 as follows:
(730 ILCS 5/5-5.5-5)
Sec. 5-5.5-5. Definition. In this Article, "eligible
offender" means a person who has been convicted of a crime in
this State or of an offense in any other jurisdiction that does
not include any offense or attempted offense that would
subject a person to registration under the Sex Offender
Registration Act, Arsonist Registry Act the Arsonist
Registration Act, or the Murderer and Violent Offender Against
Youth Registration Act. "Eligible offender" does not include a
person who has been convicted of arson, aggravated arson,
kidnapping, aggravated kidnaping, aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof, or
aggravated domestic battery.
(Source: P.A. 99-381, eff. 1-1-16; 99-642, eff. 7-28-16.)
Section 80. The Arsonist Registration Act is amended by
changing Sections 1, 5, 10, 60, and 75 as follows:
(730 ILCS 148/1)
Sec. 1. Short title. This Act may be cited as the Arsonist
Registry Registration Act.
(Source: P.A. 93-949, eff. 1-1-05.)
(730 ILCS 148/5)
Sec. 5. Definitions. In this Act:
(a) "Arsonist" means any person who is:
(1) charged under Illinois law, or any substantially
similar federal, Uniform Code of Military Justice, sister
state, or foreign country law, with an arson offense, set
forth in subsection (b) of this Section or the attempt to
commit an included arson offense, and:
(i) is convicted of such offense or an attempt to
commit such offense; or
(ii) is found not guilty by reason of insanity of
such offense or an attempt to commit such offense; or
(iii) is found not guilty by reason of insanity
under subsection (c) of Section 104-25 of the Code of
Criminal Procedure of 1963 of such offense or an
attempt to commit such offense; or
(iv) is the subject of a finding not resulting in
an acquittal at a hearing conducted under subsection
(a) of Section 104-25 of the Code of Criminal
Procedure of 1963 for the alleged commission or
attempted commission of such offense; or
(v) is found not guilty by reason of insanity
following a hearing conducted under a federal, Uniform
Code of Military Justice, sister state, or foreign
country law substantially similar to subsection (c) of
Section 104-25 of the Code of Criminal Procedure of
1963 of such offense or of the attempted commission of
such offense; or
(vi) is the subject of a finding not resulting in
an acquittal at a hearing conducted under a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged violation
or attempted commission of such offense;
(2) a minor who has been tried and convicted in an
adult criminal prosecution as the result of committing or
attempting to commit an offense specified in subsection
(b) of this Section or a violation of any substantially
similar federal, Uniform Code of Military Justice, sister
state, or foreign country law. Convictions that result
from or are connected with the same act, or result from
offenses committed at the same time, shall be counted for
the purpose of this Act as one conviction. Any conviction
set aside under law is not a conviction for purposes of
this Act.
(b) "Arson offense" means:
(1) A conviction violation of any of the following
Sections of the Criminal Code of 1961 or the Criminal Code
of 2012:
(i) 20-1 (arson; residential arson; place of
worship arson),
(ii) 20-1.1 (aggravated arson),
(iii) 20-1(b) or 20-1.2 (residential arson),
(iv) 20-1(b-5) or 20-1.3 (place of worship arson),
(v) 20-2 (possession of explosives or explosive or
incendiary devices), or
(vi) An attempt to commit any of the offenses
listed in clauses (i) through (v).
(2) A violation of any former law of this State
substantially equivalent to any offense listed in
subsection (b) of this Section.
(c) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any
offense listed in subsection (b) of this Section shall
constitute a conviction for the purpose of this Act.
(d) "Law enforcement agency having jurisdiction" means the
Chief of Police in each of the municipalities in which the
arsonist expects to reside, work, or attend school (1) upon
his or her discharge, parole or release or (2) during the
service of his or her sentence of probation or conditional
discharge, or the Sheriff of the county, in the event no Police
Chief exists or if the offender intends to reside, work, or
attend school in an unincorporated area. "Law enforcement
agency having jurisdiction" includes the location where
out-of-state students attend school and where out-of-state
employees are employed or are otherwise required to register.
(e) "Out-of-state student" means any arsonist, as defined
in this Section, who is enrolled in Illinois, on a full-time or
part-time basis, in any public or private educational
institution, including, but not limited to, any secondary
school, trade or professional institution, or institution of
higher learning.
(f) "Out-of-state employee" means any arsonist, as defined
in this Section, who works in Illinois, regardless of whether
the individual receives payment for services performed, for a
period of time of 10 or more days or for an aggregate period of
time of 30 or more days during any calendar year. Persons who
operate motor vehicles in the State accrue one day of
employment time for any portion of a day spent in Illinois.
(g) "I-CLEAR" means the Illinois Citizens and Law
Enforcement Analysis and Reporting System.
(Source: P.A. 99-78, eff. 7-20-15.)
(730 ILCS 148/10)
Sec. 10. Statewide Arsonist Database Duty to register.
(a) The Illinois State Police shall establish and maintain
a Statewide Arsonist Database for the purpose of identifying
arsonists and making that information available to law
enforcement and the general public. For every person convicted
of a violation of an arson offense on or after the effective
date of this amendatory Act of the 103rd General Assembly, the
Statewide Arsonist Database shall contain information relating
to each arsonist for a period of 10 years after conviction for
an arson offense. The information may include the arsonist's
name, date of birth, offense or offenses requiring inclusion
in the Statewide Arsonist Database, the conviction date and
county of each such offense, and such other identifying
information as the Illinois State Police deems necessary to
identify the arsonist, but shall not include the social
security number of the arsonist. The registry may include a
photograph of the arsonist.
(b) The Illinois State Police may adopt rules in
accordance with the Illinois Administrative Procedure Act to
implement this Section and those rules must include procedures
to ensure that the information in the database is accurate,
and that the information in the database reflects any changes
based on the reversal of a conviction for an offense requiring
inclusion in the Statewide Arsonist Database, or a court order
requiring the sealing or expungement of records relating to
the offense. A certified copy of such an order shall be deemed
prima facie true and correct and shall be sufficient to
require the immediate amendment or removal of any person's
information from the Statewide Arsonist Database by the
Illinois State Police.
(c) The Illinois State Police must have the Statewide
Arsonist Database created and ready to comply with the
requirements of this Section no later than July 1, 2025. An
arsonist shall, within the time period prescribed in
subsections (b) and (c), register in person and provide
accurate information as required by the Illinois State Police.
Such information shall include current address, current place
of employment, and school attended. The arsonist shall
register:
(1) with the chief of police in each of the
municipalities in which he or she attends school, is
employed, resides or is temporarily domiciled for a period
of time of 10 or more days, unless the municipality is the
City of Chicago, in which case he or she shall register at
a fixed location designated by the Superintendent of the
Chicago Police Department; or
(2) with the sheriff in each of the counties in which
he or she attends school, is employed, resides or is
temporarily domiciled in an unincorporated area or, if
incorporated, no police chief exists. For purposes of this
Act, the place of residence or temporary domicile is
defined as any and all places where the arsonist resides
for an aggregate period of time of 10 or more days during
any calendar year. The arsonist shall provide accurate
information as required by the Illinois State Police. That
information shall include the arsonist's current place of
employment.
(a-5) An out-of-state student or out-of-state employee
shall, within 10 days after beginning school or employment in
this State, register in person and provide accurate
information as required by the Illinois State Police. Such
information must include current place of employment, school
attended, and address in state of residence:
(1) with the chief of police in each of the
municipalities in which he or she attends school or is
employed for a period of time of 10 or more days or for an
aggregate period of time of more than 30 days during any
calendar year, unless the municipality is the City of
Chicago, in which case he or she shall register at a fixed
location designated by the Superintendent of the Chicago
Police Department; or
(2) with the sheriff in each of the counties in which
he or she attends school or is employed for a period of
time of 10 or more days or for an aggregate period of time
of more than 30 days during any calendar year in an
unincorporated area or, if incorporated, no police chief
exists. The out-of-state student or out-of-state employee
shall provide accurate information as required by the
Illinois State Police. That information shall include the
out-of-state student's current place of school attendance
or the out-of-state employee's current place of
employment.
(b) An arsonist as defined in Section 5 of this Act,
regardless of any initial, prior, or other registration,
shall, within 10 days of beginning school, or establishing a
residence, place of employment, or temporary domicile in any
county, register in person as set forth in subsection (a) or
(a-5).
(c) The registration for any person required to register
under this Act shall be as follows:
(1) Except as provided in paragraph (3) of this
subsection (c), any person who has not been notified of
his or her responsibility to register shall be notified by
a criminal justice entity of his or her responsibility to
register. Upon notification the person must then register
within 10 days of notification of his or her requirement
to register. If notification is not made within the
offender's 10 year registration requirement, and the
Illinois State Police determines no evidence exists or
indicates the offender attempted to avoid registration,
the offender will no longer be required to register under
this Act.
(2) Except as provided in paragraph (3) of this
subsection (c), any person convicted on or after the
effective date of this Act shall register in person within
10 days after the entry of the sentencing order based upon
his or her conviction.
(3) Any person unable to comply with the registration
requirements of this Act because he or she is confined,
institutionalized, or imprisoned in Illinois on or after
the effective date of this Act shall register in person
within 10 days of discharge, parole or release.
(4) The person shall provide positive identification
and documentation that substantiates proof of residence at
the registering address.
(5) The person shall pay a $10 initial registration
fee and a $5 annual renewal fee. The fees shall be used by
the registering agency for official purposes. The agency
shall establish procedures to document receipt and use of
the funds. The law enforcement agency having jurisdiction
may waive the registration fee if it determines that the
person is indigent and unable to pay the registration fee.
(d) Within 10 days after obtaining or changing employment,
a person required to register under this Section must report,
in person or in writing to the law enforcement agency having
jurisdiction, the business name and address where he or she is
employed. If the person has multiple businesses or work
locations, every business and work location must be reported
to the law enforcement agency having jurisdiction.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 148/60)
Sec. 60. Public inspection of registry registration data.
(a) Except as otherwise provided in subsection (b), the
statements or any other information required by this Act shall
not be open to inspection by the public, or by any person other
than by a law enforcement officer or other individual as may be
authorized by law and shall include law enforcement agencies
of this State, any other state, or of the federal government.
Similar information may be requested from any law enforcement
agency of another state or of the federal government for
purposes of this Act. It is a Class B misdemeanor to permit the
unauthorized release of any information required by this Act.
(b) The Illinois State Police shall furnish to the Office
of the State Fire Marshal the registry registration
information concerning persons covered who are required to
register under this Act. The Office of the State Fire Marshal
shall establish and maintain a Statewide Arsonist Database for
the purpose of making that information available to the public
on the Internet by means of a hyperlink labeled "Arsonist
Information" on the Office of the State Fire Marshal's
website.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 148/75)
Sec. 75. Access to State of Illinois databases. The
Illinois State Police shall have access to State of Illinois
databases containing information that may help in the
identification or location of persons covered required to
register under this Act. Interagency agreements shall be
implemented, consistent with security and procedures
established by the State agency and consistent with the laws
governing the confidentiality of the information in the
databases. Information shall be used only for administration
of this Act.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 148/15 rep.)
(730 ILCS 148/20 rep.)
(730 ILCS 148/25 rep.)
(730 ILCS 148/30 rep.)
(730 ILCS 148/35 rep.)
(730 ILCS 148/40 rep.)
(730 ILCS 148/45 rep.)
(730 ILCS 148/50 rep.)
(730 ILCS 148/55 rep.)
(730 ILCS 148/65 rep.)
(730 ILCS 148/70 rep.)
(730 ILCS 148/80 rep.)
Section 85. The Arsonist Registration Act is amended by
repealing Sections 15, 20, 25, 30, 35, 40, 45, 50, 55, 65, 70,
and 80.
Section 90. The Code of Civil Procedure is amended by
changing Sections 21-101 and 21-102 as follows:
(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
Sec. 21-101. Proceedings; parties.
(a) If any person who is a resident of this State and has
resided in this State for 6 months desires to change his or her
name and to assume another name by which to be afterwards
called and known, the person may file a petition requesting
that relief in the circuit court of the county wherein he or
she resides.
(b) A person who has been convicted of any offense for
which a person is required to register under the Sex Offender
Registration Act, the Murderer and Violent Offender Against
Youth Registration Act, or the Arsonist Registry Act Arsonist
Registration Act in this State or any other state and who has
not been pardoned is not permitted to file a petition for a
name change in the courts of this State during the period that
the person is required to register, unless that person
verifies under oath, as provided under Section 1-109, that the
petition for the name change is due to marriage, religious
beliefs, status as a victim of trafficking or gender-related
identity as defined by the Illinois Human Rights Act. A judge
may grant or deny the request for legal name change filed by
such persons. Any such persons granted a legal name change
shall report the change to the law enforcement agency having
jurisdiction of their current registration pursuant to the
Duty to Report requirements specified in Section 35 of the
Arsonist Registration Act, Section 20 of the Murderer and
Violent Offender Against Youth Registration Act, and Section 6
of the Sex Offender Registration Act. For the purposes of this
subsection, a person will not face a felony charge if the
person's request for legal name change is denied without proof
of perjury.
(b-1) A person who has been convicted of a felony offense
in this State or any other state and whose sentence has not
been completed, terminated, or discharged is not permitted to
file a petition for a name change in the courts of this State
unless that person is pardoned for the offense.
(c) A petitioner may include his or her spouse and adult
unmarried children, with their consent, and his or her minor
children where it appears to the court that it is for their
best interest, in the petition and relief requested, and the
court's order shall then include the spouse and children.
Whenever any minor has resided in the family of any person for
the space of 3 years and has been recognized and known as an
adopted child in the family of that person, the application
herein provided for may be made by the person having that minor
in his or her family.
An order shall be entered as to a minor only if the court
finds by clear and convincing evidence that the change is
necessary to serve the best interest of the child. In
determining the best interest of a minor child under this
Section, the court shall consider all relevant factors,
including:
(1) The wishes of the child's parents and any person
acting as a parent who has physical custody of the child.
(2) The wishes of the child and the reasons for those
wishes. The court may interview the child in chambers to
ascertain the child's wishes with respect to the change of
name. Counsel shall be present at the interview unless
otherwise agreed upon by the parties. The court shall
cause a court reporter to be present who shall make a
complete record of the interview instantaneously to be
part of the record in the case.
(3) The interaction and interrelationship of the child
with his or her parents or persons acting as parents who
have physical custody of the child, step-parents,
siblings, step-siblings, or any other person who may
significantly affect the child's best interest.
(4) The child's adjustment to his or her home, school,
and community.
(d) If it appears to the court that the conditions and
requirements under this Article have been complied with and
that there is no reason why the relief requested should not be
granted, the court, by an order to be entered of record, may
direct and provide that the name of that person be changed in
accordance with the relief requested in the petition. If the
circuit court orders that a name change be granted to a person
who has been adjudicated or convicted of a felony or
misdemeanor offense under the laws of this State or any other
state for which a pardon has not been granted, or has an arrest
for which a charge has not been filed or a pending charge on a
felony or misdemeanor offense, a copy of the order, including
a copy of each applicable access and review response, shall be
forwarded to the Illinois State Police. The Illinois State
Police shall update any criminal history transcript or
offender registration of each person 18 years of age or older
in the order to include the change of name as well as his or
her former name.
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
revised 12-15-23.)
(735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
Sec. 21-102. Petition; update criminal history transcript.
(a) The petition shall be a statewide standardized form
approved by the Illinois Supreme Court and shall set forth the
name then held, the name sought to be assumed, the residence of
the petitioner, the length of time the petitioner has resided
in this State, and the state or country of the petitioner's
nativity or supposed nativity. The petition shall include a
statement, verified under oath as provided under Section 1-109
of this Code, whether or not the petitioner or any other person
18 years of age or older who will be subject to a change of
name under the petition if granted: (1) has been adjudicated
or convicted of a felony or misdemeanor offense under the laws
of this State or any other state for which a pardon has not
been granted; or (2) has an arrest for which a charge has not
been filed or a pending charge on a felony or misdemeanor
offense. The petition shall be signed by the person
petitioning or, in case of minors, by the parent or guardian
having the legal custody of the minor.
(b) If the statement provided under subsection (a) of this
Section indicates the petitioner or any other person 18 years
of age or older who will be subject to a change of name under
the petition, if granted, has been adjudicated or convicted of
a felony or misdemeanor offense under the laws of this State or
any other state for which a pardon has not been granted, or has
an arrest for which a charge has not been filed or a pending
charge on a felony or misdemeanor offense, the State's
Attorney may request the court to or the court may on its own
motion, require the person, prior to a hearing on the
petition, to initiate an update of his or her criminal history
transcript with the Illinois State Police. The Illinois State
Police Department shall allow a person to use the Access and
Review process, established by rule in the Illinois State
Police Department, for this purpose. Upon completion of the
update of the criminal history transcript, the petitioner
shall file confirmation of each update with the court, which
shall seal the records from disclosure outside of court
proceedings on the petition.
(c) Any petition filed under subsection (a) shall include
the following: "WARNING: If you are required to register under
the Sex Offender Registration Act, the Murderer and Violent
Offender Against Youth Registration Act, or the Arsonist
Registry Act Arsonist Registration Act in this State or a
similar law in any other state and have not been pardoned, you
will be committing a felony under those respective Acts by
seeking a change of name during the registration period UNLESS
your request for legal name change is due to marriage,
religious beliefs, status as a victim of trafficking or gender
related identity as defined by the Illinois Human Rights
Act.".
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
revised 12-15-23.)