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Illinois Senate Bill SB3463

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3463 Compare Versions

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1-Public Act 103-0787
21 SB3463 EnrolledLRB103 36291 RLC 66388 b SB3463 Enrolled LRB103 36291 RLC 66388 b
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4-AN ACT concerning courts.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Juvenile Court Act of 1987 is amended by
8-changing Section 5-915 as follows:
3+1 AN ACT concerning courts.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Juvenile Court Act of 1987 is amended by
7+5 changing Section 5-915 as follows:
8+6 (705 ILCS 405/5-915)
9+7 Sec. 5-915. Expungement of juvenile law enforcement and
10+8 juvenile court records.
11+9 (0.05) (Blank).
12+10 (0.1)(a) The Illinois State Police and all law enforcement
13+11 agencies within the State shall automatically expunge, on or
14+12 before January 1 of each year, except as described in
15+13 paragraph (c) of this subsection (0.1), all juvenile law
16+14 enforcement records relating to events occurring before an
17+15 individual's 18th birthday if:
18+16 (1) one year or more has elapsed since the date of the
19+17 arrest or law enforcement interaction documented in the
20+18 records;
21+19 (2) no petition for delinquency or criminal charges
22+20 were filed with the clerk of the circuit court relating to
23+21 the arrest or law enforcement interaction documented in
24+22 the records; and
25+23 (3) 6 months have elapsed since the date of the arrest
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34+1 without an additional subsequent arrest or filing of a
35+2 petition for delinquency or criminal charges whether
36+3 related or not to the arrest or law enforcement
37+4 interaction documented in the records.
38+5 (b) If the law enforcement agency is unable to verify
39+6 satisfaction of conditions (2) and (3) of this subsection
40+7 (0.1), records that satisfy condition (1) of this subsection
41+8 (0.1) shall be automatically expunged if the records relate to
42+9 an offense that if committed by an adult would not be an
43+10 offense classified as a Class 2 felony or higher, an offense
44+11 under Article 11 of the Criminal Code of 1961 or Criminal Code
45+12 of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
46+13 12-15, or 12-16 of the Criminal Code of 1961.
47+14 (c) If the juvenile law enforcement record was received
48+15 through a public submission to a statewide student
49+16 confidential reporting system administered by the Illinois
50+17 State Police, the record will be maintained for a period of 5
51+18 years according to all other provisions in this subsection
52+19 (0.1).
53+20 (0.15) If a juvenile law enforcement record meets
54+21 paragraph (a) of subsection (0.1) of this Section, a juvenile
55+22 law enforcement record created:
56+23 (1) prior to January 1, 2018, but on or after January
57+24 1, 2013 shall be automatically expunged prior to January
58+25 1, 2020;
59+26 (2) prior to January 1, 2013, but on or after January
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70+1 1, 2000, shall be automatically expunged prior to January
71+2 1, 2023; and
72+3 (3) prior to January 1, 2000 shall not be subject to
73+4 the automatic expungement provisions of this Act.
74+5 Nothing in this subsection (0.15) shall be construed to
75+6 restrict or modify an individual's right to have the person's
76+7 juvenile law enforcement records expunged except as otherwise
77+8 may be provided in this Act.
78+9 (0.2)(a) Upon dismissal of a petition alleging delinquency
79+10 or upon a finding of not delinquent, the successful
80+11 termination of an order of supervision, or the successful
81+12 termination of an adjudication for an offense which would be a
82+13 Class B misdemeanor, Class C misdemeanor, or a petty or
83+14 business offense if committed by an adult, the court shall
84+15 automatically order the expungement of the juvenile court
85+16 records and juvenile law enforcement records. The clerk shall
86+17 deliver a certified copy of the expungement order to the
87+18 Illinois State Police and the arresting agency. Upon request,
88+19 the State's Attorney shall furnish the name of the arresting
89+20 agency. The expungement shall be completed within 60 business
90+21 days after the receipt of the expungement order.
91+22 (b) If the chief law enforcement officer of the agency, or
92+23 the chief law enforcement officer's designee, certifies in
93+24 writing that certain information is needed for a pending
94+25 investigation involving the commission of a felony, that
95+26 information, and information identifying the juvenile, may be
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106+1 retained until the statute of limitations for the felony has
107+2 run. If the chief law enforcement officer of the agency, or the
108+3 chief law enforcement officer's designee, certifies in writing
109+4 that certain information is needed with respect to an internal
110+5 investigation of any law enforcement office, that information
111+6 and information identifying the juvenile may be retained
112+7 within an intelligence file until the investigation is
113+8 terminated or the disciplinary action, including appeals, has
114+9 been completed, whichever is later. Retention of a portion of
115+10 a juvenile's law enforcement record does not disqualify the
116+11 remainder of a juvenile's record from immediate automatic
117+12 expungement.
118+13 (0.3)(a) Upon an adjudication of delinquency based on any
119+14 offense except a disqualified offense, the juvenile court
120+15 shall automatically order the expungement of the juvenile
121+16 court and law enforcement records 2 years after the juvenile's
122+17 case was closed if no delinquency or criminal proceeding is
123+18 pending and the person has had no subsequent delinquency
124+19 adjudication or criminal conviction. On the date that the
125+20 minor's sentence ends or the date that the court enters an
126+21 order committing the minor to the Department of Juvenile
127+22 Justice, the juvenile court judge shall schedule a date to
128+23 enter the automatic expungement order. The minor must be
129+24 notified but shall not be required to be present for the
130+25 scheduled court date when automatic expungement is to be
131+26 ordered. If the minor is not yet eligible on the originally
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142+1 scheduled date, the court shall schedule a subsequent date to
143+2 enter the automatic expungement order. The clerk shall deliver
144+3 a certified copy of the expungement order to the Illinois
145+4 State Police and the arresting agency. Upon request, the
146+5 State's Attorney shall furnish the name of the arresting
147+6 agency. The expungement shall be completed within 60 business
148+7 days after the receipt of the expungement order. In this
149+8 subsection (0.3), "disqualified offense" means any of the
150+9 following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1,
151+10 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,
152+11 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
153+12 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5,
154+13 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1,
155+14 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
156+15 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
157+16 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
158+17 Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
159+18 of subsection (a) of Section 11-14.4, subsection (a-5) of
160+19 Section 12-3.1, paragraph (1), (2), or (3) of subsection (a)
161+20 of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
162+21 paragraph (1) or (2) of subsection (a) of Section 12-7.4,
163+22 subparagraph (i) of paragraph (1) of subsection (a) of Section
164+23 12-9, subparagraph (H) of paragraph (3) of subsection (a) of
165+24 Section 24-1.6, paragraph (1) of subsection (a) of Section
166+25 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code
167+26 of 2012.
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178+1 (b) If the chief law enforcement officer of the agency, or
179+2 the chief law enforcement officer's designee, certifies in
180+3 writing that certain information is needed for a pending
181+4 investigation involving the commission of a felony, that
182+5 information, and information identifying the juvenile, may be
183+6 retained in an intelligence file until the investigation is
184+7 terminated or for one additional year, whichever is sooner.
185+8 Retention of a portion of a juvenile's juvenile law
186+9 enforcement record does not disqualify the remainder of a
187+10 juvenile's record from immediate automatic expungement.
188+11 (0.4) Automatic expungement for the purposes of this
189+12 Section shall not require law enforcement agencies to
190+13 obliterate or otherwise destroy juvenile law enforcement
191+14 records that would otherwise need to be automatically expunged
192+15 under this Act, except after 2 years following the subject
193+16 arrest for purposes of use in civil litigation against a
194+17 governmental entity or its law enforcement agency or personnel
195+18 which created, maintained, or used the records. However, these
196+19 juvenile law enforcement records shall be considered expunged
197+20 for all other purposes during this period and the offense,
198+21 which the records or files concern, shall be treated as if it
199+22 never occurred as required under Section 5-923.
200+23 (0.5) Subsection (0.1) or (0.2) of this Section does not
201+24 apply to violations of traffic, boating, fish and game laws,
202+25 or county or municipal ordinances.
203+26 (0.6) Juvenile law enforcement records of a plaintiff who
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214+1 has filed civil litigation against the governmental entity or
215+2 its law enforcement agency or personnel that created,
216+3 maintained, or used the records, or juvenile law enforcement
217+4 records that contain information related to the allegations
218+5 set forth in the civil litigation may not be expunged until
219+6 after 2 years have elapsed after the conclusion of the
220+7 lawsuit, including any appeal.
221+8 (0.7) Officer-worn body camera recordings shall not be
222+9 automatically expunged except as otherwise authorized by the
223+10 Law Enforcement Officer-Worn Body Camera Act.
224+11 (1) Whenever a person has been arrested, charged, or
225+12 adjudicated delinquent for an incident occurring before a
226+13 person's 18th birthday that if committed by an adult would be
227+14 an offense, and that person's juvenile law enforcement and
228+15 juvenile court records are not eligible for automatic
229+16 expungement under subsection (0.1), (0.2), or (0.3), the
230+17 person may petition the court at any time at no cost to the
231+18 person for expungement of juvenile law enforcement records and
232+19 juvenile court records relating to the incident and, upon
233+20 termination of all juvenile court proceedings relating to that
234+21 incident, the court shall order the expungement of all records
235+22 in the possession of the Illinois State Police, the clerk of
236+23 the circuit court, and law enforcement agencies relating to
237+24 the incident, but only in any of the following circumstances:
238+25 (a) the minor was arrested and no petition for
239+26 delinquency was filed with the clerk of the circuit court;
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250+1 (a-5) the minor was charged with an offense and the
251+2 petition or petitions were dismissed without a finding of
252+3 delinquency;
253+4 (b) the minor was charged with an offense and was
254+5 found not delinquent of that offense;
255+6 (c) the minor was placed under supervision under
256+7 Section 5-615, and the order of supervision has since been
257+8 successfully terminated; or
258+9 (d) the minor was adjudicated for an offense which
259+10 would be a Class B misdemeanor, Class C misdemeanor, or a
260+11 petty or business offense if committed by an adult.
261+12 (1.5) At no cost to the person, the Illinois State Police
262+13 shall allow a person to use the Access and Review process,
263+14 established in the Illinois State Police, for verifying that
264+15 the person's juvenile law enforcement records relating to
265+16 incidents occurring before the person's 18th birthday eligible
266+17 under this Act have been expunged.
267+18 (1.6) (Blank).
268+19 (1.7) (Blank).
269+20 (1.8) (Blank).
270+21 (2) Any person whose delinquency adjudications are not
271+22 eligible for automatic expungement under subsection (0.3) of
272+23 this Section may petition the court at no cost to the person to
273+24 expunge all juvenile law enforcement records relating to any
274+25 incidents occurring before the person's 18th birthday which
275+26 did not result in proceedings in criminal court and all
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286+1 juvenile court records with respect to any adjudications
287+2 except those based upon first degree murder or an offense
288+3 under Article 11 of the Criminal Code of 2012 if the person is
289+4 required to register under the Sex Offender Registration Act
290+5 at the time the person petitions the court for expungement;
291+6 provided that 2 years have elapsed since all juvenile court
292+7 proceedings relating to the person have been terminated and
293+8 the person's commitment to the Department of Juvenile Justice
294+9 under this Act has been terminated.
295+10 (2.5) If a minor is arrested and no petition for
296+11 delinquency is filed with the clerk of the circuit court at the
297+12 time the minor is released from custody, the youth officer, if
298+13 applicable, or other designated person from the arresting
299+14 agency, shall notify verbally and in writing to the minor or
300+15 the minor's parents or guardians that the minor shall have an
301+16 arrest record and shall provide the minor and the minor's
302+17 parents or guardians with an expungement information packet,
303+18 information regarding this State's expungement laws including
304+19 a petition to expunge juvenile law enforcement and juvenile
305+20 court records obtained from the clerk of the circuit court.
306+21 (2.6) If a minor is referred to court, then, at the time of
307+22 sentencing, dismissal of the case, or successful completion of
308+23 supervision, the judge shall inform the delinquent minor of
309+24 the minor's rights regarding expungement and the clerk of the
310+25 circuit court shall provide an expungement information packet
311+26 to the minor, written in plain language, including information
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322+1 regarding this State's expungement laws and a petition for
323+2 expungement, a sample of a completed petition, expungement
324+3 instructions that shall include information informing the
325+4 minor that (i) once the case is expunged, it shall be treated
326+5 as if it never occurred, (ii) the minor shall not be charged a
327+6 fee to petition for expungement, (iii) once the minor obtains
328+7 an expungement, the minor may not be required to disclose that
329+8 the minor had a juvenile law enforcement or juvenile court
330+9 record, and (iv) if petitioning the minor may file the
331+10 petition on the minor's own or with the assistance of an
332+11 attorney. The failure of the judge to inform the delinquent
333+12 minor of the minor's right to petition for expungement as
334+13 provided by law does not create a substantive right, nor is
335+14 that failure grounds for: (i) a reversal of an adjudication of
336+15 delinquency; (ii) a new trial; or (iii) an appeal.
337+16 (2.7) (Blank).
338+17 (2.8) (Blank).
339+18 (3) (Blank).
340+19 (3.1) (Blank).
341+20 (3.2) (Blank).
342+21 (3.3) (Blank).
343+22 (4) (Blank).
344+23 (5) (Blank).
345+24 (5.5) Whether or not expunged, records eligible for
346+25 automatic expungement under subdivision (0.1)(a), (0.2)(a), or
347+26 (0.3)(a) may be treated as expunged by the individual subject
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