Illinois General Assembly

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 Bill Status of SB0978  98th General Assembly


Short Description:  JUV CT-AUTOMATICALLY EXPUNGE

Senate Sponsors
Sen. Kwame Raoul - Mattie Hunter - Jacqueline Y. Collins - Donne E. Trotter, Patricia Van Pelt, Napoleon Harris, III, Emil Jones, III and Kimberly A. Lightford

House Sponsors
(Rep. Arthur Turner - Christian L. Mitchell - Derrick Smith - Elgie R. Sims, Jr., La Shawn K. Ford, Mary E. Flowers, Michael J. Zalewski, Cynthia Soto, Rita Mayfield, Thaddeus Jones, Camille Y. Lilly, Kelly M. Cassidy, Monique D. Davis, Marcus C. Evans, Jr., Emanuel Chris Welch, William Davis, Daniel J. Burke, Maria Antonia Berrios, Eddie Lee Jackson, Sr., Esther Golar and Robert Rita)

Last Action
DateChamber Action
  6/9/2014SenatePublic Act . . . . . . . . . 98-0637

Statutes Amended In Order of Appearance
705 ILCS 17/1


Synopsis As Introduced
Amends the Supreme Court Historic Preservation Act. Makes a technical change in a Section concerning the short title.

Senate Floor Amendment No. 1
Deletes reference to:
705 ILCS 17/1
Adds reference to:
705 ILCS 405/5-915

Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that the Department of State Police shall automatically expunge, on an annual basis, law enforcement records pertaining to a minor who has been arrested if: (1) the minor had been arrested and no delinquency petition was filed with the clerk of the circuit court; (2) the minor has attained the age of 18 years; and (3) since the date of the minor's most recent arrest, at least 6 months have elapsed without an additional arrest. Provides that a petition for expungement may include multiple offenses on the same petition, if the petitioner is 18 years of age or older and when a minor was arrested and no delinquency petition filed or if filed was found not delinquent of the offense or supervision successfully completed, or the offense would be a Class B misdemeanor or lesser offense if committed by an adult. Provides that the Department of State Police shall expunge all law enforcement records described in this provision on an annual basis. Provides that the Department of State Police shall establish a process for an individual to confirm that all law enforcement records described in this provision have been expunged on an annual basis.

House Floor Amendment No. 3
Adds reference to:
5 ILCS 160/3from Ch. 116, par. 43.6
20 ILCS 2630/5.2

Replaces everything after the enacting clause. Amends the State Records Act. Exempts from the provisions of the Act juvenile law enforcement records in the possession of the Department of State Police subject to automatic expungement under the Juvenile Court Act of 1987. Amends the Criminal Identification Act. Removes the ability to object to a petition for expungement of a conviction record if filed by a person who has been granted a pardon with authorization for expungement on the offense by the Governor. Amends the Juvenile Court Act of 1987. Provides that 180 days after the effective date of this amendatory Act, the Department of State Police shall automatically expunge, on or before January 1 of each year, a person's law enforcement records relating to incidents occurring before his or her 18th birthday in the Department's possession or control which pertain to the person when arrested as a minor if: (1) the minor was arrested for an eligible offense and no petition for delinquency was filed with the clerk of the circuit court; (2) the person attained the age of 18 years during the last calendar year; and (3) since the date of the minor's most recent arrest, at least 6 months have elapsed without an additional arrest, filing of a petition for delinquency whether related or not to a previous arrest, or filing of changes not initiated by arrest. Provides that nothing in the automatic expungement provisions precludes a person from filing a petition for expungement of records subject to automatic expungement. Provides that eligible offenses under the automatic expungement provisions are records relating to an arrest or incident occurring before the person's 18th birthday that if committed by an adult is not an offense classified as a Class 2 felony or higher offense or sex offense. Also commencing on the effective date of this amendatory Act, a person whose law enforcement records are not subject to automatic expungement and who has attained the age of 18 years may use the Access and Review process, established in the Department of State Police, for verifying and expunging his or her law enforcement records relating to incidents occurring before his or her 18th birthday in the Department's possession or control which pertain to the person when arrested for an eligible offense as a minor, if the incident occurred no earlier than 30 years before the effective date of this amendatory Act. Establishes procedures. Provides that a petition for expungement may include multiple offenses on the same petition, if the petitioner is 18 years of age or older and when a minor was arrested and no delinquency petition filed or if filed was found not delinquent of the offense or supervision successfully completed, or the offense would be a Class B misdemeanor or lesser offense if committed by an adult. Provides the Department of State Police or any employee of the Department shall be immune from civil or criminal liability for failure to expunge any records of arrest that are subject to expungement under the new provisions because of inability to verify a record. Provides that nothing in the expungement provisions shall create Department of State Police liability or responsibility for the expungement of law enforcement records it does not possess. Automatic expungement of records applies to law enforcement records of minors arrested or taken into custody on or after January 1, 2015 and access and review expungement of records of an incident no earlier than 30 years before the effective date of the amendatory Act applies to law enforcement records of minors arrested or taken into custody before January 1, 2015.

Actions 
DateChamber Action
  1/24/2013SenateFiled with Secretary by Sen. John J. Cullerton
  1/24/2013SenateFirst Reading
  1/24/2013SenateReferred to Assignments
  3/13/2013SenateAssigned to Executive
  3/20/2013SenateDo Pass Executive; 010-000-000
  3/20/2013SenatePlaced on Calendar Order of 2nd Reading March 21, 2013
  4/12/2013SenateSecond Reading
  4/12/2013SenatePlaced on Calendar Order of 3rd Reading April 16, 2013
  4/16/2013SenateRe-referred to Assignments
  4/1/2014SenateApproved for Consideration Assignments
  4/1/2014SenatePlaced on Calendar Order of 3rd Reading April 2, 2014
  4/1/2014SenateChief Sponsor Changed to Sen. Kwame Raoul
  4/1/2014SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  4/1/2014SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/7/2014SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  4/8/2014SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-001-000
  4/8/2014SenateAdded as Co-Sponsor Sen. Patricia Van Pelt
  4/8/2014SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  4/8/2014SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  4/8/2014SenateRecalled to Second Reading
  4/8/2014SenateSenate Floor Amendment No. 1 Adopted; Raoul
  4/8/2014SenatePlaced on Calendar Order of 3rd Reading
  4/8/2014SenateAdded as Co-Sponsor Sen. Emil Jones, III
  4/8/2014SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/8/2014SenateThird Reading - Passed; 041-013-001
  4/9/2014HouseArrived in House
  4/9/2014HouseChief House Sponsor Rep. Arthur Turner
  4/9/2014HouseFirst Reading
  4/9/2014HouseReferred to Rules Committee
  4/28/2014HouseAssigned to Judiciary
  5/1/2014HouseAdded Alternate Co-Sponsor Rep. Derrick Smith
  5/7/2014HouseDo Pass / Short Debate Judiciary; 013-002-000
  5/7/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/15/2014HouseSecond Reading - Short Debate
  5/15/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/15/2014HouseAdded Alternate Chief Co-Sponsor Rep. Christian L. Mitchell
  5/15/2014HouseAlternate Chief Co-Sponsor Changed to Rep. Christian L. Mitchell
  5/15/2014HouseAlternate Co-Sponsor Removed Rep. Derrick Smith
  5/15/2014HouseAdded Alternate Chief Co-Sponsor Rep. Derrick Smith
  5/15/2014HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Arthur Turner
  5/15/2014HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/16/2014HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Arthur Turner
  5/16/2014HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/19/2014HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  5/19/2014HouseAdded Alternate Co-Sponsor Rep. La Shawn K. Ford
  5/19/2014HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 005-000-000
  5/23/2014HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Arthur Turner
  5/23/2014HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/23/2014HouseFinal Action Deadline Extended-9(b) May 30, 2014
  5/26/2014HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary
  5/27/2014HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary; 012-003-000
  5/27/2014HouseAdded Alternate Chief Co-Sponsor Rep. Elgie R. Sims, Jr.
  5/28/2014HouseRecalled to Second Reading - Short Debate
  5/28/2014HouseHouse Floor Amendment No. 1 Withdrawn by Rep. Arthur Turner
  5/28/2014HouseHouse Floor Amendment No. 2 Withdrawn by Rep. Arthur Turner
  5/28/2014HouseHouse Floor Amendment No. 3 Adopted
  5/28/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/28/2014HouseThird Reading - Short Debate - Passed 074-040-000
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Michael J. Zalewski
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Thaddeus Jones
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Monique D. Davis
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. William Davis
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Daniel J. Burke
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Maria Antonia Berrios
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Esther Golar
  5/28/2014HouseMotion Filed to Reconsider Vote Rep. Dennis M. Reboletti
  5/28/2014HouseMotion to Reconsider Vote - Withdrawn Rep. Dennis M. Reboletti
  5/28/2014SenateSecretary's Desk - Concurrence House Amendment(s) 3
  5/28/2014SenatePlaced on Calendar Order of Concurrence House Amendment(s) 3 - May 29, 2014
  5/28/2014HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  5/28/2014SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  5/28/2014SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments
  5/28/2014SenateHouse Floor Amendment No. 3 Motion to Concur Assignments Referred to Judiciary
  5/29/2014SenateHouse Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Judiciary; 009-000-001
  5/29/2014SenateAdded as Chief Co-Sponsor Sen. Donne E. Trotter
  5/29/2014SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  5/29/2014SenateHouse Floor Amendment No. 3 Senate Concurs 036-016-001
  5/29/2014SenatePassed Both Houses
  6/5/2014SenateSent to the Governor
  6/9/2014SenateGovernor Approved
  6/9/2014SenateEffective Date January 1, 2015
  6/9/2014SenatePublic Act . . . . . . . . . 98-0637

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