Illinois General Assembly

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 Bill Status of HB1831  95th General Assembly


Short Description:  CRIM ID-EXPUNGEMENT

House Sponsors
Rep. Constance A. Howard - Kenneth Dunkin - Monique D. Davis - Charles E. Jefferson - Elga L. Jefferies, Arthur L. Turner, Milton Patterson and Eddie Washington

Last Action
DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
20 ILCS 2630/0.02 new
20 ILCS 2630/5from Ch. 38, par. 206-5
20 ILCS 2630/6 new


Synopsis As Introduced
Amends the Criminal Identification Act relating to expungement. Changes the procedures relating to the expungement of adult criminal records and the records of minors prosecuted as adults. Establishes time limits and procedures for filing petitions to expunge. Excludes certain enumerated offenses from expungement. Provides for the sealing of certain arrest and court records.

House Committee Amendment No. 1
Deletes reference to:
20 ILCS 2630/0.02 new

Replaces everything after the enacting clause. Amends the Criminal Identification Act relating to the expungement and sealing of law enforcement and court records. Reinserts the provisions of the bill. Changes various procedures relating to expungement.

House Floor Amendment No. 2
Provides that there is no rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly’s discretion.

House Floor Amendment No. 3
Replaces everything after the enacting clause. Amends the Criminal Identification Act. Reinserts the provisions of the bill as amended. Provides that the study on the impact of sealing shall be made available to the General Assembly by September 1, 2009 (rather than September 1, 2008). Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion. Makes other changes.

House Floor Amendment No. 5
Adds reference to:
20 ILCS 2630/13

Further amends the Criminal Identification Act. Provides that the court may, upon conviction for a subsequent felony offense, order the unsealing of prior felony conviction records previously ordered sealed by the court. In the language concerning the drug testing that the petitioner must pass in order to seal his or her felony records or expunge felony records of a qualified probation, adds the Methamphetamine Control and Community Protection Act to the list of Acts. Provides for fees to cover the cost of the processing of an order to expunge or seal records. Provides that any court order to expunge or seal records that is contrary to the provisions of the listed Section is void. Makes other changes.

 Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts)
 There may be a minimal increase in judicial workloads, however, it is not anticipated that the bill would not increase the number of judges needed in the State.

 Judicial Note, House Floor Amendment No. 5 (Admin Office of the Illinois Courts)
 There may be a minimal increase in judicial workloads, however, it is not anticipated that the bill would not increase the number of judges needed in the State.

 Fiscal Note, House Floor Amendment No. 3 (Illinois State Police)
 No fiscal impact to the Illinois State Police.

 Fiscal Note, House Floor Amendment No. 5 (Illinois State Police)
 No fiscal impact to the Illinois State Police.

 State Mandates Fiscal Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity)
 HB 1831 (H-AM 3) does not create a State mandate under the State Mandates Act.

 State Mandates Fiscal Note, House Floor Amendment No. 5 (Dept. of Commerce & Economic Opportunity)
 HB 1831 (H-AM 5) does not create a State mandate under the State Mandates Act.

House Floor Amendment No. 7
Restores provisions of current law relating to the expungement of arrest and the sealing of court and Department of State Police records of a person who has been pardoned by the Governor and in which the pardon specifically authorizes expungement.

Actions 
DateChamber Action
  2/23/2007HouseFiled with the Clerk by Rep. Constance A. Howard
  2/23/2007HouseFirst Reading
  2/23/2007HouseReferred to Rules Committee
  2/27/2007HouseAssigned to Judiciary II - Criminal Law Committee
  3/22/2007HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/22/2007HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/22/2007HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 009-002-002
  3/22/2007HousePlaced on Calendar 2nd Reading - Short Debate
  4/27/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 3, 2007
  5/3/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 10, 2007
  5/10/2007HouseSecond Reading - Short Debate
  5/10/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/10/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 18, 2007
  5/18/2007HouseRecalled to Second Reading - Short Debate
  5/18/2007HouseHeld on Calendar Order of Second Reading - Short Debate
  5/18/2007HouseAdded Chief Co-Sponsor Rep. Kenneth Dunkin
  5/18/2007HouseAdded Chief Co-Sponsor Rep. Monique D. Davis
  5/18/2007HouseAdded Chief Co-Sponsor Rep. Charles E. Jefferson
  5/18/2007HouseAdded Chief Co-Sponsor Rep. Elga L. Jefferies
  5/18/2007HouseFinal Action Deadline Extended-9(b) May 25, 2007
  5/25/2007HouseRule 19(a) / Re-referred to Rules Committee
  2/6/2008HouseApproved for Consideration Rules Committee; 003-000-000
  2/6/2008HousePlaced on Calendar 2nd Reading - Short Debate
  2/21/2008HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Constance A. Howard
  2/21/2008HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/3/2008HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  3/12/2008HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Constance A. Howard
  3/12/2008HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/24/2008HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-000-000
  4/1/2008HouseHouse Floor Amendment No. 3 Re-assigned to Rules Committee; 004-000-000
  4/1/2008HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary II - Criminal Law Committee
  4/8/2008HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Constance A. Howard
  4/8/2008HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  4/10/2008HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. Constance A. Howard
  4/10/2008HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  4/14/2008HouseHouse Floor Amendment No. 5 Rules Refers to Judiciary II - Criminal Law Committee
  4/15/2008HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary II - Criminal Law Committee; 012-001-000
  4/15/2008HouseHouse Floor Amendment No. 5 Recommends Be Adopted Judiciary II - Criminal Law Committee; 012-001-000
  4/16/2008HouseHouse Floor Amendment No. 3 Fiscal Note Requested as Amended by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 5 Fiscal Note Requested as Amended by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 3 State Mandates Fiscal Note Requested as Amended by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 5 State Mandates Fiscal Note Requested as Amended by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 3 Correctional Note Requested as Amended by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 5 Correctional Note Requested as Amended by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 3 Judicial Note Requested as Amended by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 5 Judicial Note Requested as Amended by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 3 Fiscal Note Requested as Amended - Withdrawn by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 5 Fiscal Note Requested as Amended - Withdrawn by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 3 State Mandates Fiscal Note Requested as Amended - Withdrawn by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 5 State Mandates Fiscal Note Requested as Amended - Withdrawn by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 3 Correctional Note Requested as Amended - Withdrawn by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 5 Correctional Note Requested as Amended - Withdrawn by Rep. William B. Black
  4/16/2008HouseHouse Floor Amendment No. 3 Judicial Note Filed as Amended
  4/16/2008HouseHouse Floor Amendment No. 5 Judicial Note Filed as Amended
  4/18/2008HouseFinal Action Deadline Extended-9(b) May 9, 2008
  4/22/2008HouseHouse Floor Amendment No. 3 Fiscal Note Filed as Amended
  4/22/2008HouseHouse Floor Amendment No. 5 Fiscal Note Filed as Amended
  4/25/2008HouseHouse Floor Amendment No. 3 State Mandates Fiscal Note Filed as Amended
  4/25/2008HouseHouse Floor Amendment No. 5 State Mandates Fiscal Note Filed as Amended
  5/6/2008HouseHouse Floor Amendment No. 6 Filed with Clerk by Rep. Constance A. Howard
  5/6/2008HouseHouse Floor Amendment No. 6 Referred to Rules Committee
  5/9/2008HouseFinal Action Deadline Extended-9(b) May 23, 2008
  5/13/2008HouseHouse Floor Amendment No. 7 Filed with Clerk by Rep. Constance A. Howard
  5/13/2008HouseHouse Floor Amendment No. 7 Referred to Rules Committee
  5/14/2008HouseHouse Floor Amendment No. 7 Rules Refers to Judiciary II - Criminal Law Committee
  5/15/2008HouseHouse Floor Amendment No. 7 Recommends Be Adopted Judiciary II - Criminal Law Committee; 013-000-000
  5/21/2008HouseAdded Co-Sponsor Rep. Arthur L. Turner
  5/22/2008HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  5/22/2008HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  5/22/2008HouseHouse Floor Amendment No. 5 Adopted by Voice Vote
  5/22/2008HouseHouse Floor Amendment No. 7 Adopted by Voice Vote
  5/22/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/22/2008HouseAdded Co-Sponsor Rep. Milton Patterson
  5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008
  5/27/2008HouseThird Reading - Consideration Postponed
  5/27/2008HousePlaced on Calendar - Consideration Postponed May 27, 2008
  5/31/2008HouseRule 19(a) / Re-referred to Rules Committee
  7/10/2008HouseFinal Action Deadline Extended-9(b) July 31, 2008
  7/10/2008HouseApproved for Consideration Rules Committee; 003-001-000
  7/10/2008HousePlaced on Calendar - Consideration Postponed July 10, 2008
  8/1/2008HouseRule 19(a) / Re-referred to Rules Committee
  8/13/2008HouseFinal Action Deadline Extended-9(b) August 31, 2008
  8/13/2008HouseApproved for Consideration Rules Committee; 003-002-000
  8/13/2008HousePlaced on Calendar - Consideration Postponed
  8/13/2008HouseAdded Co-Sponsor Rep. Eddie Washington
  8/31/2008HouseRule 19(a) / Re-referred to Rules Committee
  11/13/2008HouseFinal Action Deadline Extended-9(b) November 30, 2008
  11/13/2008HouseApproved for Consideration Rules Committee; 003-000-000
  11/14/2008HousePlaced on Calendar - Consideration Postponed
  11/14/2008HouseHouse Floor Amendment No. 8 Filed with Clerk by Rep. Constance A. Howard
  11/14/2008HouseHouse Floor Amendment No. 8 Referred to Rules Committee
  11/18/2008HouseHouse Floor Amendment No. 8 Recommends Be Adopted Rules Committee; 005-000-000
  11/30/2008HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die

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