Illinois General Assembly

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 Bill Status of HB2378  98th General Assembly


Short Description:  CRIM ID-EXPUNGEMENT

House Sponsors
Rep. Rita Mayfield - Monique D. Davis - La Shawn K. Ford - Marcus C. Evans, Jr. - Mary E. Flowers, Arthur Turner, Derrick Smith, William Davis, Christian L. Mitchell and Camille Y. Lilly

Senate Sponsors
(Sen. Mattie Hunter - Patricia Van Pelt - Jacqueline Y. Collins - Kwame Raoul - Donne E. Trotter, Daniel Biss, Melinda Bush, William Delgado, Kimberly A. Lightford and Toi W. Hutchinson)

Last Action
DateChamber Action
  8/19/2014HousePublic Act . . . . . . . . . 98-1009

Statutes Amended In Order of Appearance
20 ILCS 2630/5.2
30 ILCS 105/5.826 new


Synopsis As Introduced
Amends the Criminal Identification Act. Provides that a petitioner may petition the circuit court to expunge the records of his or her arrests when he or she has been convicted of or placed on supervision for a misdemeanor that occurred more than 15 years before the filing of the petition if the person has not committed another offense within that period, other than minor traffic offenses. Provides that prior to the granting of the petition, the Director of State Police shall certify that the person has no other records of arrest and conviction within that time period, other than minor traffic offenses. Provides that the circuit court clerk shall charge a $150 fee per offense plus court costs for the expungement. Provides that the fees shall be deposited in the State treasury in a special fund known as the Misdemeanor Expungement Fund. Provides that the Secretary of Human Services shall disburse moneys in the fund as grants to certain specified organizations.

House Committee Amendment No. 1
Deletes reference to:
30 ILCS 105/5.826 new

Replaces everything after the enacting clause. Amends the Criminal Identification Act. Deletes provision that the court shall not order the sealing of records for offenses defined as "crimes of violence" in the Crime Victims Compensation Act or a similar provision of a local ordinance. Provides that a petitioner may petition the circuit court to expunge the records of his or her arrest for a criminal offense that results in a conviction for anything other than a felony, except for certain excluded offenses, if a person has not been convicted of another criminal offense within a 7-year period for anything other than a minor traffic offense. Provides that the records are not eligible for expungement until 7 years have passed following the termination of the sentence with no further convictions during that time frame. Deletes the amendatory change to the State Finance Act.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Amends the Criminal Identification Act. Deletes provision that the court shall not order the sealing of records for offenses defined as "crimes of violence" in the Crime Victims Compensation Act or a similar provision of a local ordinance. Provides that a petitioner may petition the circuit court to expunge the records of his or her arrest and charges not initiated by arrest when he or she has been convicted of a criminal offense for anything other than: (1) a felony or (2) certain excluded offenses. Provides that the records are not eligible for expungement until 7 years after the termination of the petitioner's last sentence. Lists factors that the court must consider when an objection is made to the expungement or sealing of records.

House Floor Amendment No. 3
Replaces everything after the enacting clause. Amends the Criminal Identification Act. Removes the prohibition on sealing of records of court supervision or qualified probation on certain misdemeanor offenses. Removes the prohibition on sealing the records of arrests or charges not initiated by arrest which result in a conviction for a misdemeanor crime of violence as defined in the Crime Victims Compensation Act, except for domestic battery, battery of an unborn child, Section 125 of the Stalking No Contact Order Act, or Section 219 of the Civil No Contact Order Act.

House Floor Amendment No. 4
Replaces everything after the enacting clause. Amends the Criminal Identification Act. Removes the prohibition on sealing of records of qualified probation on certain misdemeanor offenses. Removes the prohibition on sealing the records of arrests or charges not initiated by arrest which result in a conviction for a misdemeanor crime of violence as defined in the Crime Victims Compensation Act, except for domestic battery, battery of an unborn child, Section 125 of the Stalking No Contact Order Act, or Section 219 of the Civil No Contact Order Act.

Actions 
DateChamber Action
  2/20/2013HouseFiled with the Clerk by Rep. Rita Mayfield
  2/20/2013HouseFirst Reading
  2/20/2013HouseReferred to Rules Committee
  2/25/2013HouseAssigned to Judiciary
  3/19/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Rita Mayfield
  3/19/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/20/2013HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  3/21/2013HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  3/21/2013HouseDo Pass as Amended / Short Debate Judiciary; 010-005-000
  3/21/2013HousePlaced on Calendar 2nd Reading - Short Debate
  4/8/2013HouseAdded Chief Co-Sponsor Rep. Monique D. Davis
  4/8/2013HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  4/12/2013HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Rita Mayfield
  4/12/2013HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/15/2013HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary
  4/15/2013HouseAdded Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  4/18/2013HouseSecond Reading - Short Debate
  4/18/2013HouseHeld on Calendar Order of Second Reading - Short Debate
  4/19/2013HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary; 010-006-000
  4/19/2013HouseRule 19(a) / Re-referred to Rules Committee
  3/4/2014HouseApproved for Consideration Rules Committee; 003-000-000
  3/4/2014HousePlaced on Calendar 2nd Reading - Short Debate
  3/5/2014HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  3/5/2014HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Rita Mayfield
  3/5/2014HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/6/2014HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary
  3/20/2014HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary; 015-000-000
  3/21/2014HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Rita Mayfield
  3/21/2014HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  3/24/2014HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 005-000-000
  3/24/2014HouseSecond Reading - Short Debate
  3/24/2014HouseHouse Floor Amendment No. 2 Adopted
  3/24/2014HouseHouse Floor Amendment No. 3 Adopted
  3/24/2014HouseHouse Floor Amendment No. 4 Adopted
  3/24/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/27/2014HouseAdded Co-Sponsor Rep. Arthur Turner
  3/27/2014HouseAdded Co-Sponsor Rep. Derrick Smith
  3/27/2014HouseAdded Co-Sponsor Rep. William Davis
  3/27/2014HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  3/27/2014HouseThird Reading - Short Debate - Passed 065-047-000
  3/27/2014HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  3/28/2014SenateArrive in Senate
  3/28/2014SenatePlaced on Calendar Order of First Reading
  3/28/2014SenateChief Senate Sponsor Sen. Mattie Hunter
  3/28/2014SenateFirst Reading
  3/28/2014SenateReferred to Assignments
  4/16/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  4/23/2014SenateAssigned to Criminal Law
  4/30/2014SenatePostponed - Criminal Law
  5/6/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/6/2014SenateAdded as Alternate Co-Sponsor Sen. Daniel Biss
  5/6/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
  5/6/2014SenateAdded as Alternate Co-Sponsor Sen. Melinda Bush
  5/7/2014SenateDo Pass Criminal Law; 006-004-000
  5/7/2014SenatePlaced on Calendar Order of 2nd Reading May 8, 2014
  5/8/2014SenateSecond Reading
  5/8/2014SenatePlaced on Calendar Order of 3rd Reading May 12, 2014
  5/12/2014SenateAdded as Alternate Co-Sponsor Sen. William Delgado
  5/13/2014SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/23/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Donne E. Trotter
  5/23/2014SenateAdded as Alternate Co-Sponsor Sen. Toi W. Hutchinson
  5/23/2014SenateThird Reading - Passed; 035-018-000
  5/23/2014HousePassed Both Houses
  6/20/2014HouseSent to the Governor
  8/19/2014HouseGovernor Approved
  8/19/2014HouseEffective Date January 1, 2015
  8/19/2014HousePublic Act . . . . . . . . . 98-1009

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