Illinois General Assembly

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 Bill Status of HB6328  99th General Assembly


Short Description:  CRIM ID-EXPUNGEMENT&SEALING

House Sponsors
Rep. Arthur Turner - Barbara Flynn Currie - Mary E. Flowers - William Davis - Emanuel Chris Welch, Rita Mayfield, Camille Y. Lilly, Carol Ammons, Lawrence Walsh, Jr., Marcus C. Evans, Jr., Kelly M. Cassidy, Luis Arroyo, Will Guzzardi, Kenneth Dunkin, Elgie R. Sims, Jr., Ann M. Williams, Cynthia Soto, Eddie Lee Jackson, Sr., Jehan Gordon-Booth, Sonya M. Harper, Christian L. Mitchell and Robert Rita

Senate Sponsors
(Sen. Jacqueline Y. Collins - Mattie Hunter - Toi W. Hutchinson - Iris Y. Martinez - Patricia Van Pelt, Donne E. Trotter and Emil Jones, III)

Last Action
DateChamber Action
  8/22/2016HousePublic Act . . . . . . . . . 99-0881

Statutes Amended In Order of Appearance
20 ILCS 2630/5.2


Synopsis As Introduced
Amends the Criminal Identification Act. Permits the sealing of all felony convictions, except Class X felonies and except certain excluded offenses. Provides that the expungement of records that resulted in a successful completion of the supervision or qualified probation may be expunged after satisfactory termination of the supervision or probation (rather than after 2 or 5 years following satisfactory termination of the supervision or probation).

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Criminal Identification Act. Deletes provision that a petitioner who petitions the circuit court to expunge the records of his or her arrests and charges not initiated by arrest must have never been convicted of a criminal offense. Provides that no fee shall be required to be paid by the petitioner if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, except the sealing or expungement of records of minor traffic offenses.

 Fiscal Note, House Committee Amendment No. 1 ()
 House Bill 6328 (H-AM 1) would eliminate fees for expungements and sealing of records. Also, approximately 1.14 million additional people would become eligible to expunge their records under this bill. In FYI5, $527,880 in revenue was collected from associated fees. As written, this bill would eliminate that revenue stream which partially funds the personal services of ten employees, a total cost of approximately $1.015 million when benefits are included. Due to the increase in eligibility, an additional ten employees would be necessary at an approximate cost of $1.015 million . These services would be performed with no identified funding source, requiring the allocation of additional General Revenue funds annually in order to support the unit and related operations (approximate $2.03 million recurring annual impact to GRF).

Senate Floor Amendment No. 1
Adds reference to:
705 ILCS 405/5-915

Replaces everything after the enacting clause. Amends the Criminal Identification Act. Deletes provision that a petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest that have not resulted in a conviction, other than excluded offenses, only when the petitioner has never been convicted of a criminal offense. Provides that when a petitioner seeks to have a record of arrest expunged under this Section, and the offender has been convicted of a criminal offense, the State's Attorney may object to the expungement on the grounds that the records contain specific relevant information aside from the mere fact of the arrest. Deletes provision that the person whose records are to be expunged shall pay the clerk of the circuit court a fee equivalent to the cost associated with expungement of records by the clerk and the Department of State Police. Provides that no fee shall be required for filing a petition for expungement or sealing if the petitioner has obtained a court order waiving fees under Supreme Court Rule 298 or it is otherwise waived. Provides that for a period of one year from the effective date of the amendatory Act or until January 1, 2018, whichever is later, in a county of 3,000,000 or more inhabitants, no fee shall be required to be paid by a petitioner if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, unless excluded. Amends the Juvenile Court Act of 1987. Deletes provision that a person whose juvenile records are to be expunged shall pay the clerk of the circuit court a fee equivalent to the cost associated with expungement of records by the clerk and the Department of State Police.

Actions 
DateChamber Action
  2/11/2016HouseFiled with the Clerk by Rep. La Shawn K. Ford
  2/11/2016HouseFirst Reading
  2/11/2016HouseReferred to Rules Committee
  2/26/2016HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  2/26/2016HouseAdded Chief Co-Sponsor Rep. Arthur Turner
  2/26/2016HouseRemove Chief Co-Sponsor Rep. Mary E. Flowers
  3/14/2016HouseChief Sponsor Changed to Rep. Arthur Turner
  3/14/2016HouseRemove Chief Co-Sponsor Rep. Arthur Turner
  3/23/2016HouseAssigned to Judiciary - Criminal Committee
  3/28/2016HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Arthur Turner
  3/28/2016HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/4/2016HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/4/2016HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  4/4/2016HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 012-003-000
  4/5/2016HousePlaced on Calendar 2nd Reading - Short Debate
  4/5/2016HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  4/5/2016HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  4/5/2016HouseAdded Co-Sponsor Rep. Rita Mayfield
  4/5/2016HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/7/2016HouseSecond Reading - Short Debate
  4/7/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/12/2016HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  4/14/2016HouseAdded Co-Sponsor Rep. Carol Ammons
  4/15/2016HouseAdded Co-Sponsor Rep. Lawrence Walsh, Jr.
  4/15/2016HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  4/15/2016HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  4/15/2016HouseAdded Co-Sponsor Rep. Luis Arroyo
  4/15/2016HouseAdded Co-Sponsor Rep. Will Guzzardi
  4/15/2016HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  4/15/2016HouseAdded Co-Sponsor Rep. Elgie R. Sims, Jr.
  4/15/2016HouseAdded Chief Co-Sponsor Rep. William Davis
  4/15/2016HouseAdded Chief Co-Sponsor Rep. Emanuel Chris Welch
  4/15/2016HouseAdded Co-Sponsor Rep. Ann M. Williams
  4/15/2016HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/15/2016HouseAdded Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  4/15/2016HouseAdded Co-Sponsor Rep. Jehan Gordon-Booth
  4/15/2016HouseAdded Co-Sponsor Rep. Sonya M. Harper
  4/15/2016HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  4/19/2016HouseThird Reading - Consideration Postponed
  4/19/2016HousePlaced on Calendar - Consideration Postponed
  4/21/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/21/2016HouseThird Reading - Short Debate - Passed 069-042-000
  4/21/2016SenateArrive in Senate
  4/21/2016SenatePlaced on Calendar Order of First Reading April 22, 2016
  4/21/2016HouseAdded Co-Sponsor Rep. Robert Rita
  4/21/2016SenateChief Senate Sponsor Sen. Jacqueline Y. Collins
  4/22/2016SenateFirst Reading
  4/22/2016SenateReferred to Assignments
  5/4/2016SenateAssigned to Criminal Law
  5/11/2016SenateDo Pass Criminal Law; 007-000-004
  5/11/2016SenatePlaced on Calendar Order of 2nd Reading May 12, 2016
  5/25/2016SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/26/2016SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
  5/26/2016SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/26/2016SenateAdded as Alternate Chief Co-Sponsor Sen. Toi W. Hutchinson
  5/26/2016SenateFiscal Note Requested by Sen. Dale A. Righter; Senate Amendment No. 01
  5/26/2016SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  5/26/2016SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  5/27/2016SenateSecond Reading
  5/27/2016SenatePlaced on Calendar Order of 3rd Reading May 29, 2016
  5/27/2016SenateRule 2-10 Committee/3rd Reading Deadline Established As May 31, 2016
  5/29/2016SenateAdded as Alternate Co-Sponsor Sen. Donne E. Trotter
  5/29/2016SenateAdded as Alternate Co-Sponsor Sen. Patricia Van Pelt
  5/29/2016SenateSponsor Removed Sen. Patricia Van Pelt
  5/30/2016SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 008-003-000
  5/30/2016SenateRecalled to Second Reading
  5/30/2016SenateSenate Floor Amendment No. 1 Adopted; Collins
  5/30/2016SenatePlaced on Calendar Order of 3rd Reading
  5/30/2016SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  5/30/2016SenateThird Reading - Passed; 031-018-000
  5/30/2016HouseArrived in House
  5/30/2016HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/30/2016HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Arthur Turner
  5/30/2016HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/31/2016HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-000-000
  5/31/2016SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  5/31/2016HouseSenate Floor Amendment No. 1 House Concurs 071-045-000
  5/31/2016HouseHouse Concurs
  5/31/2016HousePassed Both Houses
  6/27/2016HouseSent to the Governor
  8/22/2016HouseGovernor Approved
  8/22/2016HouseEffective Date January 1, 2017
  8/22/2016HousePublic Act . . . . . . . . . 99-0881

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