Rep. Kelly M. Cassidy

Filed: 3/6/2015

 

 


 

 


 
09900HB0218ham001LRB099 04095 RLC 31496 a

1
AMENDMENT TO HOUSE BILL 218

2    AMENDMENT NO. ______. Amend House Bill 218 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),

 

 

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1                (iii) Court (730 ILCS 5/5-1-6),
2                (iv) Defendant (730 ILCS 5/5-1-7),
3                (v) Felony (730 ILCS 5/5-1-9),
4                (vi) Imprisonment (730 ILCS 5/5-1-10),
5                (vii) Judgment (730 ILCS 5/5-1-12),
6                (viii) Misdemeanor (730 ILCS 5/5-1-14),
7                (ix) Offense (730 ILCS 5/5-1-15),
8                (x) Parole (730 ILCS 5/5-1-16),
9                (xi) Petty Offense (730 ILCS 5/5-1-17),
10                (xii) Probation (730 ILCS 5/5-1-18),
11                (xiii) Sentence (730 ILCS 5/5-1-19),
12                (xiv) Supervision (730 ILCS 5/5-1-21), and
13                (xv) Victim (730 ILCS 5/5-1-22).
14            (B) As used in this Section, "charge not initiated
15        by arrest" means a charge (as defined by 730 ILCS
16        5/5-1-3) brought against a defendant where the
17        defendant is not arrested prior to or as a direct
18        result of the charge.
19            (C) "Conviction" means a judgment of conviction or
20        sentence entered upon a plea of guilty or upon a
21        verdict or finding of guilty of an offense, rendered by
22        a legally constituted jury or by a court of competent
23        jurisdiction authorized to try the case without a jury.
24        An order of supervision successfully completed by the
25        petitioner is not a conviction. An order of qualified
26        probation (as defined in subsection (a)(1)(J))

 

 

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1        successfully completed by the petitioner is not a
2        conviction. An order of supervision or an order of
3        qualified probation that is terminated
4        unsatisfactorily is a conviction, unless the
5        unsatisfactory termination is reversed, vacated, or
6        modified and the judgment of conviction, if any, is
7        reversed or vacated.
8            (D) "Criminal offense" means a petty offense,
9        business offense, misdemeanor, felony, or municipal
10        ordinance violation (as defined in subsection
11        (a)(1)(H)). As used in this Section, a minor traffic
12        offense (as defined in subsection (a)(1)(G)) shall not
13        be considered a criminal offense.
14            (E) "Expunge" means to physically destroy the
15        records or return them to the petitioner and to
16        obliterate the petitioner's name from any official
17        index or public record, or both. Nothing in this Act
18        shall require the physical destruction of the circuit
19        court file, but such records relating to arrests or
20        charges, or both, ordered expunged shall be impounded
21        as required by subsections (d)(9)(A)(ii) and
22        (d)(9)(B)(ii).
23            (F) As used in this Section, "last sentence" means
24        the sentence, order of supervision, or order of
25        qualified probation (as defined by subsection
26        (a)(1)(J)), for a criminal offense (as defined by

 

 

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1        subsection (a)(1)(D)) that terminates last in time in
2        any jurisdiction, regardless of whether the petitioner
3        has included the criminal offense for which the
4        sentence or order of supervision or qualified
5        probation was imposed in his or her petition. If
6        multiple sentences, orders of supervision, or orders
7        of qualified probation terminate on the same day and
8        are last in time, they shall be collectively considered
9        the "last sentence" regardless of whether they were
10        ordered to run concurrently.
11            (G) "Minor traffic offense" means a petty offense,
12        business offense, or Class C misdemeanor under the
13        Illinois Vehicle Code or a similar provision of a
14        municipal or local ordinance.
15            (H) "Municipal ordinance violation" means an
16        offense defined by a municipal or local ordinance that
17        is criminal in nature and with which the petitioner was
18        charged or for which the petitioner was arrested and
19        released without charging.
20            (I) "Petitioner" means an adult or a minor
21        prosecuted as an adult who has applied for relief under
22        this Section.
23            (J) "Qualified probation" means an order of
24        probation under Section 10 of the Cannabis Control Act,
25        Section 410 of the Illinois Controlled Substances Act,
26        Section 70 of the Methamphetamine Control and

 

 

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1        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
2        of the Unified Code of Corrections, Section
3        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
4        those provisions existed before their deletion by
5        Public Act 89-313), Section 10-102 of the Illinois
6        Alcoholism and Other Drug Dependency Act, Section
7        40-10 of the Alcoholism and Other Drug Abuse and
8        Dependency Act, or Section 10 of the Steroid Control
9        Act. For the purpose of this Section, "successful
10        completion" of an order of qualified probation under
11        Section 10-102 of the Illinois Alcoholism and Other
12        Drug Dependency Act and Section 40-10 of the Alcoholism
13        and Other Drug Abuse and Dependency Act means that the
14        probation was terminated satisfactorily and the
15        judgment of conviction was vacated.
16            (K) "Seal" means to physically and electronically
17        maintain the records, unless the records would
18        otherwise be destroyed due to age, but to make the
19        records unavailable without a court order, subject to
20        the exceptions in Sections 12 and 13 of this Act. The
21        petitioner's name shall also be obliterated from the
22        official index required to be kept by the circuit court
23        clerk under Section 16 of the Clerks of Courts Act, but
24        any index issued by the circuit court clerk before the
25        entry of the order to seal shall not be affected.
26            (L) "Sexual offense committed against a minor"

 

 

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1        includes but is not limited to the offenses of indecent
2        solicitation of a child or criminal sexual abuse when
3        the victim of such offense is under 18 years of age.
4            (M) "Terminate" as it relates to a sentence or
5        order of supervision or qualified probation includes
6        either satisfactory or unsatisfactory termination of
7        the sentence, unless otherwise specified in this
8        Section.
9        (2) Minor Traffic Offenses. Orders of supervision or
10    convictions for minor traffic offenses shall not affect a
11    petitioner's eligibility to expunge or seal records
12    pursuant to this Section.
13        (2.5) Commencing 180 days after the effective date of
14    this amendatory Act of the 99th General Assembly, the law
15    enforcement agency issuing the citation shall
16    automatically expunge, on or before January 1 and July 1 of
17    each year, the law enforcement records of a person found to
18    have committed a civil law violation of subsection (a) of
19    Section 4 of the Cannabis Control Act or subsection (c) of
20    Section 3.5 of the Drug Paraphernalia Control Act in the
21    law enforcement agency's possession or control and which
22    contains the final satisfactory disposition which pertain
23    to the person issued a citation for that offense. The law
24    enforcement agency shall allow a person to use an Access
25    and Review process, as established in the Department of
26    State Police, for verifying that his or her law enforcement

 

 

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1    records eligible under this paragraph (2.5) have been
2    expunged as provided in this paragraph. The law enforcement
3    agency shall provide by rule the process for access,
4    review, and automatic expungement. Commencing 180 days
5    after the effective date of this amendatory Act of the 99th
6    General Assembly, the clerk of the circuit court shall
7    automatically expunge, on or before January 1 and July 1 of
8    each year, the court records of a person found in the
9    circuit court to have committed a civil law violation of
10    subsection (a) of Section 4 of the Cannabis Control Act or
11    subsection (c) of Section 3.5 of the Drug Paraphernalia
12    Control Act in the clerk's possession or control and which
13    contains the final satisfactory disposition which pertain
14    to the person issued a citation for any of those offenses.
15        (3) Exclusions. Except as otherwise provided in
16    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
17    of this Section, the court shall not order:
18            (A) the sealing or expungement of the records of
19        arrests or charges not initiated by arrest that result
20        in an order of supervision for or conviction of: (i)
21        any sexual offense committed against a minor; (ii)
22        Section 11-501 of the Illinois Vehicle Code or a
23        similar provision of a local ordinance; or (iii)
24        Section 11-503 of the Illinois Vehicle Code or a
25        similar provision of a local ordinance, unless the
26        arrest or charge is for a misdemeanor violation of

 

 

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1        subsection (a) of Section 11-503 or a similar provision
2        of a local ordinance, that occurred prior to the
3        offender reaching the age of 25 years and the offender
4        has no other conviction for violating Section 11-501 or
5        11-503 of the Illinois Vehicle Code or a similar
6        provision of a local ordinance.
7            (B) the sealing or expungement of records of minor
8        traffic offenses (as defined in subsection (a)(1)(G)),
9        unless the petitioner was arrested and released
10        without charging.
11            (C) the sealing of the records of arrests or
12        charges not initiated by arrest which result in an
13        order of supervision or a conviction for the following
14        offenses:
15                (i) offenses included in Article 11 of the
16            Criminal Code of 1961 or the Criminal Code of 2012
17            or a similar provision of a local ordinance, except
18            Section 11-14 of the Criminal Code of 1961 or the
19            Criminal Code of 2012, or a similar provision of a
20            local ordinance;
21                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
22            26-5, or 48-1 of the Criminal Code of 1961 or the
23            Criminal Code of 2012, or a similar provision of a
24            local ordinance;
25                (iii) Sections 12-3.1 or 12-3.2 of the
26            Criminal Code of 1961 or the Criminal Code of 2012,

 

 

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1            or Section 125 of the Stalking No Contact Order
2            Act, or Section 219 of the Civil No Contact Order
3            Act, or a similar provision of a local ordinance;
4                (iv) offenses which are Class A misdemeanors
5            under the Humane Care for Animals Act; or
6                (v) any offense or attempted offense that
7            would subject a person to registration under the
8            Sex Offender Registration Act.
9            (D) the sealing of the records of an arrest which
10        results in the petitioner being charged with a felony
11        offense or records of a charge not initiated by arrest
12        for a felony offense unless:
13                (i) the charge is amended to a misdemeanor and
14            is otherwise eligible to be sealed pursuant to
15            subsection (c);
16                (ii) the charge is brought along with another
17            charge as a part of one case and the charge results
18            in acquittal, dismissal, or conviction when the
19            conviction was reversed or vacated, and another
20            charge brought in the same case results in a
21            disposition for a misdemeanor offense that is
22            eligible to be sealed pursuant to subsection (c) or
23            a disposition listed in paragraph (i), (iii), or
24            (iv) of this subsection;
25                (iii) the charge results in first offender
26            probation as set forth in subsection (c)(2)(E);

 

 

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1                (iv) the charge is for a felony offense listed
2            in subsection (c)(2)(F) or the charge is amended to
3            a felony offense listed in subsection (c)(2)(F);
4                (v) the charge results in acquittal,
5            dismissal, or the petitioner's release without
6            conviction; or
7                (vi) the charge results in a conviction, but
8            the conviction was reversed or vacated.
9    (b) Expungement.
10        (1) A petitioner may petition the circuit court to
11    expunge the records of his or her arrests and charges not
12    initiated by arrest when:
13            (A) He or she has never been convicted of a
14        criminal offense; and
15            (B) Each arrest or charge not initiated by arrest
16        sought to be expunged resulted in: (i) acquittal,
17        dismissal, or the petitioner's release without
18        charging, unless excluded by subsection (a)(3)(B);
19        (ii) a conviction which was vacated or reversed, unless
20        excluded by subsection (a)(3)(B); (iii) an order of
21        supervision and such supervision was successfully
22        completed by the petitioner, unless excluded by
23        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
24        qualified probation (as defined in subsection
25        (a)(1)(J)) and such probation was successfully
26        completed by the petitioner.

 

 

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1        (2) Time frame for filing a petition to expunge.
2            (A) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an acquittal,
4        dismissal, the petitioner's release without charging,
5        or the reversal or vacation of a conviction, there is
6        no waiting period to petition for the expungement of
7        such records.
8            (B) When the arrest or charge not initiated by
9        arrest sought to be expunged resulted in an order of
10        supervision, successfully completed by the petitioner,
11        the following time frames will apply:
12                (i) Those arrests or charges that resulted in
13            orders of supervision under Section 3-707, 3-708,
14            3-710, or 5-401.3 of the Illinois Vehicle Code or a
15            similar provision of a local ordinance, or under
16            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
17            Code of 1961 or the Criminal Code of 2012, or a
18            similar provision of a local ordinance, shall not
19            be eligible for expungement until 5 years have
20            passed following the satisfactory termination of
21            the supervision.
22                (i-5) Those arrests or charges that resulted
23            in orders of supervision for a misdemeanor
24            violation of subsection (a) of Section 11-503 of
25            the Illinois Vehicle Code or a similar provision of
26            a local ordinance, that occurred prior to the

 

 

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1            offender reaching the age of 25 years and the
2            offender has no other conviction for violating
3            Section 11-501 or 11-503 of the Illinois Vehicle
4            Code or a similar provision of a local ordinance
5            shall not be eligible for expungement until the
6            petitioner has reached the age of 25 years.
7                (ii) Those arrests or charges that resulted in
8            orders of supervision for any other offenses shall
9            not be eligible for expungement until 2 years have
10            passed following the satisfactory termination of
11            the supervision.
12            (C) When the arrest or charge not initiated by
13        arrest sought to be expunged resulted in an order of
14        qualified probation, successfully completed by the
15        petitioner, such records shall not be eligible for
16        expungement until 5 years have passed following the
17        satisfactory termination of the probation.
18        (3) Those records maintained by the Department for
19    persons arrested prior to their 17th birthday shall be
20    expunged as provided in Section 5-915 of the Juvenile Court
21    Act of 1987.
22        (4) Whenever a person has been arrested for or
23    convicted of any offense, in the name of a person whose
24    identity he or she has stolen or otherwise come into
25    possession of, the aggrieved person from whom the identity
26    was stolen or otherwise obtained without authorization,

 

 

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1    upon learning of the person having been arrested using his
2    or her identity, may, upon verified petition to the chief
3    judge of the circuit wherein the arrest was made, have a
4    court order entered nunc pro tunc by the Chief Judge to
5    correct the arrest record, conviction record, if any, and
6    all official records of the arresting authority, the
7    Department, other criminal justice agencies, the
8    prosecutor, and the trial court concerning such arrest, if
9    any, by removing his or her name from all such records in
10    connection with the arrest and conviction, if any, and by
11    inserting in the records the name of the offender, if known
12    or ascertainable, in lieu of the aggrieved's name. The
13    records of the circuit court clerk shall be sealed until
14    further order of the court upon good cause shown and the
15    name of the aggrieved person obliterated on the official
16    index required to be kept by the circuit court clerk under
17    Section 16 of the Clerks of Courts Act, but the order shall
18    not affect any index issued by the circuit court clerk
19    before the entry of the order. Nothing in this Section
20    shall limit the Department of State Police or other
21    criminal justice agencies or prosecutors from listing
22    under an offender's name the false names he or she has
23    used.
24        (5) Whenever a person has been convicted of criminal
25    sexual assault, aggravated criminal sexual assault,
26    predatory criminal sexual assault of a child, criminal

 

 

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1    sexual abuse, or aggravated criminal sexual abuse, the
2    victim of that offense may request that the State's
3    Attorney of the county in which the conviction occurred
4    file a verified petition with the presiding trial judge at
5    the petitioner's trial to have a court order entered to
6    seal the records of the circuit court clerk in connection
7    with the proceedings of the trial court concerning that
8    offense. However, the records of the arresting authority
9    and the Department of State Police concerning the offense
10    shall not be sealed. The court, upon good cause shown,
11    shall make the records of the circuit court clerk in
12    connection with the proceedings of the trial court
13    concerning the offense available for public inspection.
14        (6) If a conviction has been set aside on direct review
15    or on collateral attack and the court determines by clear
16    and convincing evidence that the petitioner was factually
17    innocent of the charge, the court that finds the petitioner
18    factually innocent of the charge shall enter an expungement
19    order for the conviction for which the petitioner has been
20    determined to be innocent as provided in subsection (b) of
21    Section 5-5-4 of the Unified Code of Corrections.
22        (7) Nothing in this Section shall prevent the
23    Department of State Police from maintaining all records of
24    any person who is admitted to probation upon terms and
25    conditions and who fulfills those terms and conditions
26    pursuant to Section 10 of the Cannabis Control Act, Section

 

 

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1    410 of the Illinois Controlled Substances Act, Section 70
2    of the Methamphetamine Control and Community Protection
3    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
4    Corrections, Section 12-4.3 or subdivision (b)(1) of
5    Section 12-3.05 of the Criminal Code of 1961 or the
6    Criminal Code of 2012, Section 10-102 of the Illinois
7    Alcoholism and Other Drug Dependency Act, Section 40-10 of
8    the Alcoholism and Other Drug Abuse and Dependency Act, or
9    Section 10 of the Steroid Control Act.
10        (8) If the petitioner has been granted a certificate of
11    innocence under Section 2-702 of the Code of Civil
12    Procedure, the court that grants the certificate of
13    innocence shall also enter an order expunging the
14    conviction for which the petitioner has been determined to
15    be innocent as provided in subsection (h) of Section 2-702
16    of the Code of Civil Procedure.
17    (c) Sealing.
18        (1) Applicability. Notwithstanding any other provision
19    of this Act to the contrary, and cumulative with any rights
20    to expungement of criminal records, this subsection
21    authorizes the sealing of criminal records of adults and of
22    minors prosecuted as adults.
23        (2) Eligible Records. The following records may be
24    sealed:
25            (A) All arrests resulting in release without
26        charging;

 

 

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1            (B) Arrests or charges not initiated by arrest
2        resulting in acquittal, dismissal, or conviction when
3        the conviction was reversed or vacated, except as
4        excluded by subsection (a)(3)(B);
5            (C) Arrests or charges not initiated by arrest
6        resulting in orders of supervision, including orders
7        of supervision for municipal ordinance violations,
8        successfully completed by the petitioner, unless
9        excluded by subsection (a)(3);
10            (D) Arrests or charges not initiated by arrest
11        resulting in convictions, including convictions on
12        municipal ordinance violations, unless excluded by
13        subsection (a)(3);
14            (E) Arrests or charges not initiated by arrest
15        resulting in orders of first offender probation under
16        Section 10 of the Cannabis Control Act, Section 410 of
17        the Illinois Controlled Substances Act, Section 70 of
18        the Methamphetamine Control and Community Protection
19        Act, or Section 5-6-3.3 of the Unified Code of
20        Corrections; and
21            (F) Arrests or charges not initiated by arrest
22        resulting in felony convictions for the following
23        offenses:
24                (i) Class 4 felony convictions for:
25                    Prostitution under Section 11-14 of the
26                Criminal Code of 1961 or the Criminal Code of

 

 

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1                2012.
2                    Possession of cannabis under Section 4 of
3                the Cannabis Control Act.
4                    Possession of a controlled substance under
5                Section 402 of the Illinois Controlled
6                Substances Act.
7                    Offenses under the Methamphetamine
8                Precursor Control Act.
9                    Offenses under the Steroid Control Act.
10                    Theft under Section 16-1 of the Criminal
11                Code of 1961 or the Criminal Code of 2012.
12                    Retail theft under Section 16A-3 or
13                paragraph (a) of 16-25 of the Criminal Code of
14                1961 or the Criminal Code of 2012.
15                    Deceptive practices under Section 17-1 of
16                the Criminal Code of 1961 or the Criminal Code
17                of 2012.
18                    Forgery under Section 17-3 of the Criminal
19                Code of 1961 or the Criminal Code of 2012.
20                    Possession of burglary tools under Section
21                19-2 of the Criminal Code of 1961 or the
22                Criminal Code of 2012.
23            (ii) Class 3 felony convictions for:
24                    Theft under Section 16-1 of the Criminal
25                Code of 1961 or the Criminal Code of 2012.
26                    Retail theft under Section 16A-3 or

 

 

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1                paragraph (a) of 16-25 of the Criminal Code of
2                1961 or the Criminal Code of 2012.
3                    Deceptive practices under Section 17-1 of
4                the Criminal Code of 1961 or the Criminal Code
5                of 2012.
6                    Forgery under Section 17-3 of the Criminal
7                Code of 1961 or the Criminal Code of 2012.
8                    Possession with intent to manufacture or
9                deliver a controlled substance under Section
10                401 of the Illinois Controlled Substances Act.
11        (3) When Records Are Eligible to Be Sealed. Records
12    identified as eligible under subsection (c)(2) may be
13    sealed as follows:
14            (A) Records identified as eligible under
15        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
16        time.
17            (B) Records identified as eligible under
18        subsection (c)(2)(C) may be sealed (i) 3 years after
19        the termination of petitioner's last sentence (as
20        defined in subsection (a)(1)(F)) if the petitioner has
21        never been convicted of a criminal offense (as defined
22        in subsection (a)(1)(D)); or (ii) 4 years after the
23        termination of the petitioner's last sentence (as
24        defined in subsection (a)(1)(F)) if the petitioner has
25        ever been convicted of a criminal offense (as defined
26        in subsection (a)(1)(D)).

 

 

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1            (C) Records identified as eligible under
2        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
3        sealed 4 years after the termination of the
4        petitioner's last sentence (as defined in subsection
5        (a)(1)(F)).
6            (D) Records identified in subsection
7        (a)(3)(A)(iii) may be sealed after the petitioner has
8        reached the age of 25 years.
9        (4) Subsequent felony convictions. A person may not
10    have subsequent felony conviction records sealed as
11    provided in this subsection (c) if he or she is convicted
12    of any felony offense after the date of the sealing of
13    prior felony convictions as provided in this subsection
14    (c). The court may, upon conviction for a subsequent felony
15    offense, order the unsealing of prior felony conviction
16    records previously ordered sealed by the court.
17        (5) Notice of eligibility for sealing. Upon entry of a
18    disposition for an eligible record under this subsection
19    (c), the petitioner shall be informed by the court of the
20    right to have the records sealed and the procedures for the
21    sealing of the records.
22    (d) Procedure. The following procedures apply to
23expungement under subsections (b), (e), and (e-6) and sealing
24under subsections (c) and (e-5):
25        (1) Filing the petition. Upon becoming eligible to
26    petition for the expungement or sealing of records under

 

 

09900HB0218ham001- 20 -LRB099 04095 RLC 31496 a

1    this Section, the petitioner shall file a petition
2    requesting the expungement or sealing of records with the
3    clerk of the court where the arrests occurred or the
4    charges were brought, or both. If arrests occurred or
5    charges were brought in multiple jurisdictions, a petition
6    must be filed in each such jurisdiction. The petitioner
7    shall pay the applicable fee, if not waived.
8        (2) Contents of petition. The petition shall be
9    verified and shall contain the petitioner's name, date of
10    birth, current address and, for each arrest or charge not
11    initiated by arrest sought to be sealed or expunged, the
12    case number, the date of arrest (if any), the identity of
13    the arresting authority, and such other information as the
14    court may require. During the pendency of the proceeding,
15    the petitioner shall promptly notify the circuit court
16    clerk of any change of his or her address. If the
17    petitioner has received a certificate of eligibility for
18    sealing from the Prisoner Review Board under paragraph (10)
19    of subsection (a) of Section 3-3-2 of the Unified Code of
20    Corrections, the certificate shall be attached to the
21    petition.
22        (3) Drug test. The petitioner must attach to the
23    petition proof that the petitioner has passed a test taken
24    within 30 days before the filing of the petition showing
25    the absence within his or her body of all illegal
26    substances as defined by the Illinois Controlled

 

 

09900HB0218ham001- 21 -LRB099 04095 RLC 31496 a

1    Substances Act, the Methamphetamine Control and Community
2    Protection Act, and the Cannabis Control Act if he or she
3    is petitioning to:
4            (A) seal felony records under clause (c)(2)(E);
5            (B) seal felony records for a violation of the
6        Illinois Controlled Substances Act, the
7        Methamphetamine Control and Community Protection Act,
8        or the Cannabis Control Act under clause (c)(2)(F);
9            (C) seal felony records under subsection (e-5); or
10            (D) expunge felony records of a qualified
11        probation under clause (b)(1)(B)(iv).
12        (4) Service of petition. The circuit court clerk shall
13    promptly serve a copy of the petition and documentation to
14    support the petition under subsection (e-5) or (e-6) on the
15    State's Attorney or prosecutor charged with the duty of
16    prosecuting the offense, the Department of State Police,
17    the arresting agency and the chief legal officer of the
18    unit of local government effecting the arrest.
19        (5) Objections.
20            (A) Any party entitled to notice of the petition
21        may file an objection to the petition. All objections
22        shall be in writing, shall be filed with the circuit
23        court clerk, and shall state with specificity the basis
24        of the objection. Whenever a person who has been
25        convicted of an offense is granted a pardon by the
26        Governor which specifically authorizes expungement, an

 

 

09900HB0218ham001- 22 -LRB099 04095 RLC 31496 a

1        objection to the petition may not be filed.
2            (B) Objections to a petition to expunge or seal
3        must be filed within 60 days of the date of service of
4        the petition.
5        (6) Entry of order.
6            (A) The Chief Judge of the circuit wherein the
7        charge was brought, any judge of that circuit
8        designated by the Chief Judge, or in counties of less
9        than 3,000,000 inhabitants, the presiding trial judge
10        at the petitioner's trial, if any, shall rule on the
11        petition to expunge or seal as set forth in this
12        subsection (d)(6).
13            (B) Unless the State's Attorney or prosecutor, the
14        Department of State Police, the arresting agency, or
15        the chief legal officer files an objection to the
16        petition to expunge or seal within 60 days from the
17        date of service of the petition, the court shall enter
18        an order granting or denying the petition.
19        (7) Hearings. If an objection is filed, the court shall
20    set a date for a hearing and notify the petitioner and all
21    parties entitled to notice of the petition of the hearing
22    date at least 30 days prior to the hearing. Prior to the
23    hearing, the State's Attorney shall consult with the
24    Department as to the appropriateness of the relief sought
25    in the petition to expunge or seal. At the hearing, the
26    court shall hear evidence on whether the petition should or

 

 

09900HB0218ham001- 23 -LRB099 04095 RLC 31496 a

1    should not be granted, and shall grant or deny the petition
2    to expunge or seal the records based on the evidence
3    presented at the hearing. The court may consider the
4    following:
5            (A) the strength of the evidence supporting the
6        defendant's conviction;
7            (B) the reasons for retention of the conviction
8        records by the State;
9            (C) the petitioner's age, criminal record history,
10        and employment history;
11            (D) the period of time between the petitioner's
12        arrest on the charge resulting in the conviction and
13        the filing of the petition under this Section; and
14            (E) the specific adverse consequences the
15        petitioner may be subject to if the petition is denied.
16        (8) Service of order. After entering an order to
17    expunge or seal records, the court must provide copies of
18    the order to the Department, in a form and manner
19    prescribed by the Department, to the petitioner, to the
20    State's Attorney or prosecutor charged with the duty of
21    prosecuting the offense, to the arresting agency, to the
22    chief legal officer of the unit of local government
23    effecting the arrest, and to such other criminal justice
24    agencies as may be ordered by the court.
25        (9) Implementation of order.
26            (A) Upon entry of an order to expunge records

 

 

09900HB0218ham001- 24 -LRB099 04095 RLC 31496 a

1        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
2                (i) the records shall be expunged (as defined
3            in subsection (a)(1)(E)) by the arresting agency,
4            the Department, and any other agency as ordered by
5            the court, within 60 days of the date of service of
6            the order, unless a motion to vacate, modify, or
7            reconsider the order is filed pursuant to
8            paragraph (12) of subsection (d) of this Section;
9                (ii) the records of the circuit court clerk
10            shall be impounded until further order of the court
11            upon good cause shown and the name of the
12            petitioner obliterated on the official index
13            required to be kept by the circuit court clerk
14            under Section 16 of the Clerks of Courts Act, but
15            the order shall not affect any index issued by the
16            circuit court clerk before the entry of the order;
17            and
18                (iii) in response to an inquiry for expunged
19            records, the court, the Department, or the agency
20            receiving such inquiry, shall reply as it does in
21            response to inquiries when no records ever
22            existed.
23            (B) Upon entry of an order to expunge records
24        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
25                (i) the records shall be expunged (as defined
26            in subsection (a)(1)(E)) by the arresting agency

 

 

09900HB0218ham001- 25 -LRB099 04095 RLC 31496 a

1            and any other agency as ordered by the court,
2            within 60 days of the date of service of the order,
3            unless a motion to vacate, modify, or reconsider
4            the order is filed pursuant to paragraph (12) of
5            subsection (d) of this Section;
6                (ii) the records of the circuit court clerk
7            shall be impounded until further order of the court
8            upon good cause shown and the name of the
9            petitioner obliterated on the official index
10            required to be kept by the circuit court clerk
11            under Section 16 of the Clerks of Courts Act, but
12            the order shall not affect any index issued by the
13            circuit court clerk before the entry of the order;
14                (iii) the records shall be impounded by the
15            Department within 60 days of the date of service of
16            the order as ordered by the court, unless a motion
17            to vacate, modify, or reconsider the order is filed
18            pursuant to paragraph (12) of subsection (d) of
19            this Section;
20                (iv) records impounded by the Department may
21            be disseminated by the Department only as required
22            by law or to the arresting authority, the State's
23            Attorney, and the court upon a later arrest for the
24            same or a similar offense or for the purpose of
25            sentencing for any subsequent felony, and to the
26            Department of Corrections upon conviction for any

 

 

09900HB0218ham001- 26 -LRB099 04095 RLC 31496 a

1            offense; and
2                (v) in response to an inquiry for such records
3            from anyone not authorized by law to access such
4            records, the court, the Department, or the agency
5            receiving such inquiry shall reply as it does in
6            response to inquiries when no records ever
7            existed.
8            (B-5) Upon entry of an order to expunge records
9        under subsection (e-6):
10                (i) the records shall be expunged (as defined
11            in subsection (a)(1)(E)) by the arresting agency
12            and any other agency as ordered by the court,
13            within 60 days of the date of service of the order,
14            unless a motion to vacate, modify, or reconsider
15            the order is filed under paragraph (12) of
16            subsection (d) of this Section;
17                (ii) the records of the circuit court clerk
18            shall be impounded until further order of the court
19            upon good cause shown and the name of the
20            petitioner obliterated on the official index
21            required to be kept by the circuit court clerk
22            under Section 16 of the Clerks of Courts Act, but
23            the order shall not affect any index issued by the
24            circuit court clerk before the entry of the order;
25                (iii) the records shall be impounded by the
26            Department within 60 days of the date of service of

 

 

09900HB0218ham001- 27 -LRB099 04095 RLC 31496 a

1            the order as ordered by the court, unless a motion
2            to vacate, modify, or reconsider the order is filed
3            under paragraph (12) of subsection (d) of this
4            Section;
5                (iv) records impounded by the Department may
6            be disseminated by the Department only as required
7            by law or to the arresting authority, the State's
8            Attorney, and the court upon a later arrest for the
9            same or a similar offense or for the purpose of
10            sentencing for any subsequent felony, and to the
11            Department of Corrections upon conviction for any
12            offense; and
13                (v) in response to an inquiry for these records
14            from anyone not authorized by law to access the
15            records, the court, the Department, or the agency
16            receiving the inquiry shall reply as it does in
17            response to inquiries when no records ever
18            existed.
19            (C) Upon entry of an order to seal records under
20        subsection (c), the arresting agency, any other agency
21        as ordered by the court, the Department, and the court
22        shall seal the records (as defined in subsection
23        (a)(1)(K)). In response to an inquiry for such records
24        from anyone not authorized by law to access such
25        records, the court, the Department, or the agency
26        receiving such inquiry shall reply as it does in

 

 

09900HB0218ham001- 28 -LRB099 04095 RLC 31496 a

1        response to inquiries when no records ever existed.
2            (D) The Department shall send written notice to the
3        petitioner of its compliance with each order to expunge
4        or seal records within 60 days of the date of service
5        of that order or, if a motion to vacate, modify, or
6        reconsider is filed, within 60 days of service of the
7        order resolving the motion, if that order requires the
8        Department to expunge or seal records. In the event of
9        an appeal from the circuit court order, the Department
10        shall send written notice to the petitioner of its
11        compliance with an Appellate Court or Supreme Court
12        judgment to expunge or seal records within 60 days of
13        the issuance of the court's mandate. The notice is not
14        required while any motion to vacate, modify, or
15        reconsider, or any appeal or petition for
16        discretionary appellate review, is pending.
17        (10) Fees. The Department may charge the petitioner a
18    fee equivalent to the cost of processing any order to
19    expunge or seal records. Notwithstanding any provision of
20    the Clerks of Courts Act to the contrary, the circuit court
21    clerk may charge a fee equivalent to the cost associated
22    with the sealing or expungement of records by the circuit
23    court clerk. From the total filing fee collected for the
24    petition to seal or expunge, the circuit court clerk shall
25    deposit $10 into the Circuit Court Clerk Operation and
26    Administrative Fund, to be used to offset the costs

 

 

09900HB0218ham001- 29 -LRB099 04095 RLC 31496 a

1    incurred by the circuit court clerk in performing the
2    additional duties required to serve the petition to seal or
3    expunge on all parties. The circuit court clerk shall
4    collect and forward the Department of State Police portion
5    of the fee to the Department and it shall be deposited in
6    the State Police Services Fund.
7        (11) Final Order. No court order issued under the
8    expungement or sealing provisions of this Section shall
9    become final for purposes of appeal until 30 days after
10    service of the order on the petitioner and all parties
11    entitled to notice of the petition.
12        (12) Motion to Vacate, Modify, or Reconsider. Under
13    Section 2-1203 of the Code of Civil Procedure, the
14    petitioner or any party entitled to notice may file a
15    motion to vacate, modify, or reconsider the order granting
16    or denying the petition to expunge or seal within 60 days
17    of service of the order. If filed more than 60 days after
18    service of the order, a petition to vacate, modify, or
19    reconsider shall comply with subsection (c) of Section
20    2-1401 of the Code of Civil Procedure. Upon filing of a
21    motion to vacate, modify, or reconsider, notice of the
22    motion shall be served upon the petitioner and all parties
23    entitled to notice of the petition.
24        (13) Effect of Order. An order granting a petition
25    under the expungement or sealing provisions of this Section
26    shall not be considered void because it fails to comply

 

 

09900HB0218ham001- 30 -LRB099 04095 RLC 31496 a

1    with the provisions of this Section or because of any error
2    asserted in a motion to vacate, modify, or reconsider. The
3    circuit court retains jurisdiction to determine whether
4    the order is voidable and to vacate, modify, or reconsider
5    its terms based on a motion filed under paragraph (12) of
6    this subsection (d).
7        (14) Compliance with Order Granting Petition to Seal
8    Records. Unless a court has entered a stay of an order
9    granting a petition to seal, all parties entitled to notice
10    of the petition must fully comply with the terms of the
11    order within 60 days of service of the order even if a
12    party is seeking relief from the order through a motion
13    filed under paragraph (12) of this subsection (d) or is
14    appealing the order.
15        (15) Compliance with Order Granting Petition to
16    Expunge Records. While a party is seeking relief from the
17    order granting the petition to expunge through a motion
18    filed under paragraph (12) of this subsection (d) or is
19    appealing the order, and unless a court has entered a stay
20    of that order, the parties entitled to notice of the
21    petition must seal, but need not expunge, the records until
22    there is a final order on the motion for relief or, in the
23    case of an appeal, the issuance of that court's mandate.
24        (16) The changes to this subsection (d) made by Public
25    Act 98-163 apply to all petitions pending on August 5, 2013
26    (the effective date of Public Act 98-163) and to all orders

 

 

09900HB0218ham001- 31 -LRB099 04095 RLC 31496 a

1    ruling on a petition to expunge or seal on or after August
2    5, 2013 (the effective date of Public Act 98-163).
3    (e) Whenever a person who has been convicted of an offense
4is granted a pardon by the Governor which specifically
5authorizes expungement, he or she may, upon verified petition
6to the Chief Judge of the circuit where the person had been
7convicted, any judge of the circuit designated by the Chief
8Judge, or in counties of less than 3,000,000 inhabitants, the
9presiding trial judge at the defendant's trial, have a court
10order entered expunging the record of arrest from the official
11records of the arresting authority and order that the records
12of the circuit court clerk and the Department be sealed until
13further order of the court upon good cause shown or as
14otherwise provided herein, and the name of the defendant
15obliterated from the official index requested to be kept by the
16circuit court clerk under Section 16 of the Clerks of Courts
17Act in connection with the arrest and conviction for the
18offense for which he or she had been pardoned but the order
19shall not affect any index issued by the circuit court clerk
20before the entry of the order. All records sealed by the
21Department may be disseminated by the Department only to the
22arresting authority, the State's Attorney, and the court upon a
23later arrest for the same or similar offense or for the purpose
24of sentencing for any subsequent felony. Upon conviction for
25any subsequent offense, the Department of Corrections shall
26have access to all sealed records of the Department pertaining

 

 

09900HB0218ham001- 32 -LRB099 04095 RLC 31496 a

1to that individual. Upon entry of the order of expungement, the
2circuit court clerk shall promptly mail a copy of the order to
3the person who was pardoned.
4    (e-5) Whenever a person who has been convicted of an
5offense is granted a certificate of eligibility for sealing by
6the Prisoner Review Board which specifically authorizes
7sealing, he or she may, upon verified petition to the Chief
8Judge of the circuit where the person had been convicted, any
9judge of the circuit designated by the Chief Judge, or in
10counties of less than 3,000,000 inhabitants, the presiding
11trial judge at the petitioner's trial, have a court order
12entered sealing the record of arrest from the official records
13of the arresting authority and order that the records of the
14circuit court clerk and the Department be sealed until further
15order of the court upon good cause shown or as otherwise
16provided herein, and the name of the petitioner obliterated
17from the official index requested to be kept by the circuit
18court clerk under Section 16 of the Clerks of Courts Act in
19connection with the arrest and conviction for the offense for
20which he or she had been granted the certificate but the order
21shall not affect any index issued by the circuit court clerk
22before the entry of the order. All records sealed by the
23Department may be disseminated by the Department only as
24required by this Act or to the arresting authority, a law
25enforcement agency, the State's Attorney, and the court upon a
26later arrest for the same or similar offense or for the purpose

 

 

09900HB0218ham001- 33 -LRB099 04095 RLC 31496 a

1of sentencing for any subsequent felony. Upon conviction for
2any subsequent offense, the Department of Corrections shall
3have access to all sealed records of the Department pertaining
4to that individual. Upon entry of the order of sealing, the
5circuit court clerk shall promptly mail a copy of the order to
6the person who was granted the certificate of eligibility for
7sealing.
8    (e-6) Whenever a person who has been convicted of an
9offense is granted a certificate of eligibility for expungement
10by the Prisoner Review Board which specifically authorizes
11expungement, he or she may, upon verified petition to the Chief
12Judge of the circuit where the person had been convicted, any
13judge of the circuit designated by the Chief Judge, or in
14counties of less than 3,000,000 inhabitants, the presiding
15trial judge at the petitioner's trial, have a court order
16entered expunging the record of arrest from the official
17records of the arresting authority and order that the records
18of the circuit court clerk and the Department be sealed until
19further order of the court upon good cause shown or as
20otherwise provided herein, and the name of the petitioner
21obliterated from the official index requested to be kept by the
22circuit court clerk under Section 16 of the Clerks of Courts
23Act in connection with the arrest and conviction for the
24offense for which he or she had been granted the certificate
25but the order shall not affect any index issued by the circuit
26court clerk before the entry of the order. All records sealed

 

 

09900HB0218ham001- 34 -LRB099 04095 RLC 31496 a

1by the Department may be disseminated by the Department only as
2required by this Act or to the arresting authority, a law
3enforcement agency, the State's Attorney, and the court upon a
4later arrest for the same or similar offense or for the purpose
5of sentencing for any subsequent felony. Upon conviction for
6any subsequent offense, the Department of Corrections shall
7have access to all expunged records of the Department
8pertaining to that individual. Upon entry of the order of
9expungement, the circuit court clerk shall promptly mail a copy
10of the order to the person who was granted the certificate of
11eligibility for expungement.
12    (f) Subject to available funding, the Illinois Department
13of Corrections shall conduct a study of the impact of sealing,
14especially on employment and recidivism rates, utilizing a
15random sample of those who apply for the sealing of their
16criminal records under Public Act 93-211. At the request of the
17Illinois Department of Corrections, records of the Illinois
18Department of Employment Security shall be utilized as
19appropriate to assist in the study. The study shall not
20disclose any data in a manner that would allow the
21identification of any particular individual or employing unit.
22The study shall be made available to the General Assembly no
23later than September 1, 2010.
24(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
2597-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
261-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,

 

 

09900HB0218ham001- 35 -LRB099 04095 RLC 31496 a

1eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
2eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
3eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
498-1009, eff. 1-1-15; revised 9-30-14.)
 
5    Section 10. The Cannabis Control Act is amended by changing
6Sections 4 and 10 as follows:
 
7    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
8    Sec. 4. It is unlawful for any person knowingly to possess
9cannabis. Any person who violates this section with respect to:
10        (a) not more than 30 2.5 grams of any substance
11    containing cannabis is guilty of a civil law violation
12    punishable by a maximum fine of $125. The proceeds of the
13    fine shall be payable to the clerk of the circuit court who
14    shall deposit the moneys from the fine into a special fund
15    in the county treasury. Within 30 days after the deposit of
16    the fine into the special fund, the county treasurer shall
17    distribute the proceeds of the fine as follows:
18            (1) $10 of the fine to the circuit clerk and $10 of
19        the fine to the law enforcement agency that issued the
20        citation; the proceeds of each $10 fine distributed to
21        the circuit clerk and each $10 fine distributed to the
22        law enforcement agency that issued the citation for the
23        violation shall be used to defer the cost of automatic
24        expungements under paragraph (2.5) of subsection (a)

 

 

09900HB0218ham001- 36 -LRB099 04095 RLC 31496 a

1        of Section 5.2 of the Criminal Identification Act;
2            (2) $15 to the county to fund drug addiction
3        services; and
4            (3) the remainder of the fine to the law
5        enforcement agency that issued the citation for the
6        violation Class C misdemeanor;
7        (b) (blank); more than 2.5 grams but not more than 10
8    grams of any substance containing cannabis is guilty of a
9    Class B misdemeanor;
10        (c) (blank); more than 10 grams but not more than 30
11    grams of any substance containing cannabis is guilty of a
12    Class A misdemeanor; provided, that if any offense under
13    this subsection (c) is a subsequent offense, the offender
14    shall be guilty of a Class 4 felony;
15        (d) more than 30 grams but not more than 500 grams of
16    any substance containing cannabis is guilty of a Class 4
17    felony; provided that if any offense under this subsection
18    (d) is a subsequent offense, the offender shall be guilty
19    of a Class 3 felony;
20        (e) more than 500 grams but not more than 2,000 grams
21    of any substance containing cannabis is guilty of a Class 3
22    felony;
23        (f) more than 2,000 grams but not more than 5,000 grams
24    of any substance containing cannabis is guilty of a Class 2
25    felony;
26        (g) more than 5,000 grams of any substance containing

 

 

09900HB0218ham001- 37 -LRB099 04095 RLC 31496 a

1    cannabis is guilty of a Class 1 felony.
2(Source: P.A. 90-397, eff. 8-15-97.)
 
3    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
4    Sec. 10. (a) Whenever any person who has not previously
5been convicted of, or placed on probation or court supervision
6for, any offense under this Act or any law of the United States
7or of any State relating to cannabis, or controlled substances
8as defined in the Illinois Controlled Substances Act, pleads
9guilty to or is found guilty of violating Sections 4(a), 4(b),
104(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
11entering a judgment and with the consent of such person,
12sentence him to probation.
13    (b) When a person is placed on probation, the court shall
14enter an order specifying a period of probation of 24 months,
15and shall defer further proceedings in the case until the
16conclusion of the period or until the filing of a petition
17alleging violation of a term or condition of probation.
18    (c) The conditions of probation shall be that the person:
19(1) not violate any criminal statute of any jurisdiction; (2)
20refrain from possession of a firearm or other dangerous weapon;
21(3) submit to periodic drug testing at a time and in a manner
22as ordered by the court, but no less than 3 times during the
23period of the probation, with the cost of the testing to be
24paid by the probationer; and (4) perform no less than 30 hours
25of community service, provided community service is available

 

 

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1in the jurisdiction and is funded and approved by the county
2board.
3    (d) The court may, in addition to other conditions, require
4that the person:
5        (1) make a report to and appear in person before or
6    participate with the court or such courts, person, or
7    social service agency as directed by the court in the order
8    of probation;
9        (2) pay a fine and costs;
10        (3) work or pursue a course of study or vocational
11    training;
12        (4) undergo medical or psychiatric treatment; or
13    treatment for drug addiction or alcoholism;
14        (5) attend or reside in a facility established for the
15    instruction or residence of defendants on probation;
16        (6) support his dependents;
17        (7) refrain from possessing a firearm or other
18    dangerous weapon;
19        (7-5) refrain from having in his or her body the
20    presence of any illicit drug prohibited by the Cannabis
21    Control Act, the Illinois Controlled Substances Act, or the
22    Methamphetamine Control and Community Protection Act,
23    unless prescribed by a physician, and submit samples of his
24    or her blood or urine or both for tests to determine the
25    presence of any illicit drug;
26        (8) and in addition, if a minor:

 

 

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1            (i) reside with his parents or in a foster home;
2            (ii) attend school;
3            (iii) attend a non-residential program for youth;
4            (iv) contribute to his own support at home or in a
5        foster home.
6    (e) Upon violation of a term or condition of probation, the
7court may enter a judgment on its original finding of guilt and
8proceed as otherwise provided.
9    (f) Upon fulfillment of the terms and conditions of
10probation, the court shall discharge such person and dismiss
11the proceedings against him.
12    (g) A disposition of probation is considered to be a
13conviction for the purposes of imposing the conditions of
14probation and for appeal, however, discharge and dismissal
15under this Section is not a conviction for purposes of
16disqualification or disabilities imposed by law upon
17conviction of a crime (including the additional penalty imposed
18for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
19of this Act).
20    (h) Discharge and dismissal under this Section, Section 410
21of the Illinois Controlled Substances Act, Section 70 of the
22Methamphetamine Control and Community Protection Act, Section
235-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
24subsection (c) of Section 11-14 of the Criminal Code of 1961 or
25the Criminal Code of 2012 may occur only once with respect to
26any person.

 

 

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1    (i) If a person is convicted of an offense under this Act,
2the Illinois Controlled Substances Act, or the Methamphetamine
3Control and Community Protection Act within 5 years subsequent
4to a discharge and dismissal under this Section, the discharge
5and dismissal under this Section shall be admissible in the
6sentencing proceeding for that conviction as a factor in
7aggravation.
8(Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13;
998-164, eff. 1-1-14.)
 
10    Section 15. The Drug Paraphernalia Control Act is amended
11by changing Section 3.5 as follows:
 
12    (720 ILCS 600/3.5)
13    Sec. 3.5. Possession of drug paraphernalia.
14    (a) A person who knowingly possesses an item of drug
15paraphernalia with the intent to use it in ingesting, inhaling,
16or otherwise introducing cannabis or a controlled substance
17into the human body, or in preparing cannabis or a controlled
18substance for that use, is guilty of a Class A misdemeanor for
19which the court shall impose a minimum fine of $750 in addition
20to any other penalty prescribed for a Class A misdemeanor. This
21subsection (a) does not apply to a person who is legally
22authorized to possess hypodermic syringes or needles under the
23Hypodermic Syringes and Needles Act.
24    (b) In determining intent under subsection (a), the trier

 

 

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1of fact may take into consideration the proximity of the
2cannabis or controlled substances to drug paraphernalia or the
3presence of cannabis or a controlled substance on the drug
4paraphernalia.
5    (c) If a person found to have committed a violation of
6subsection (a) of Section 4 of the Cannabis Control Act, the
7penalty for possession of any drug paraphernalia seized during
8the violation for that offense shall be a civil law violation
9punishable by a maximum fine of $125. The proceeds of the fine
10shall be payable to the clerk of the circuit court who shall
11deposit the moneys from the fine into a special fund in the
12county treasury. Within 30 days after the deposit of the fine
13into the special fund, the county treasurer shall distribute
14the proceeds of the fine as follows:
15        (1) $10 of the fine to the circuit clerk and $10 of the
16    fine to the law enforcement agency that issued the
17    citation; the proceeds of each $10 fine distributed to the
18    circuit clerk and each $10 fine distributed to the law
19    enforcement agency that issued the citation for the
20    violation shall be used to defer the cost of automatic
21    expungements under paragraph (2.5) of subsection (a) of
22    Section 5.2 of the Criminal Identification Act;
23        (2) $15 to the county to fund drug addiction services;
24    and
25        (3) the remainder of the fine to the law enforcement
26    agency that issued the citation for the violation.

 

 

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1(Source: P.A. 93-392, eff. 7-25-03.)".