State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ Enrolled ]

91_HB0854

 
                                               LRB9103529RCpr

 1        AN ACT  to  amend  the  Criminal  Identification  Act  by
 2    changing Section 5.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Criminal Identification Act is amended by
 6    changing Section 5 as follows:

 7        (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
 8        (Text of Section before amendment by P.A. 90-590)
 9        Sec. 5. Arrest reports; expungement.
10        (a)  All policing bodies of this State shall  furnish  to
11    the  Department, daily, in the form and detail the Department
12    requires, fingerprints and descriptions of  all  persons  who
13    are  arrested  on  charges  of violating any penal statute of
14    this State for offenses that are classified as  felonies  and
15    Class  A  or  B  misdemeanors and of all minors who have been
16    arrested or taken into custody before their 17th birthday for
17    an offense that if committed by an adult would constitute the
18    offense of unlawful use of weapons under Article  24  of  the
19    Criminal  Code  of  1961,  a  forcible  felony  as defined in
20    Section 2-8 of the Criminal Code of 1961, or  a  Class  2  or
21    greater  felony  under the Cannabis Control Act, the Illinois
22    Controlled Substances Act,  or  Chapter  4  of  the  Illinois
23    Vehicle  Code.  Moving  or nonmoving traffic violations under
24    the Illinois Vehicle Code shall not be  reported  except  for
25    violations  of Chapter 4, Section 11-204.1, or Section 11-501
26    of that Code.  In addition, conservation offenses, as defined
27    in the Supreme Court Rule  501(c),  that  are  classified  as
28    Class B misdemeanors shall not be reported.
29        Whenever  an  adult  or minor prosecuted as an adult, not
30    having previously been convicted of any criminal  offense  or
31    municipal  ordinance violation, charged with a violation of a
 
                            -2-                LRB9103529RCpr
 1    municipal ordinance or a felony or misdemeanor, is  acquitted
 2    or released without being convicted, whether the acquittal or
 3    release  occurred  before, on, or after the effective date of
 4    this amendatory Act of 1991, the Chief Judge of  the  circuit
 5    wherein  the  charge  was  brought, any judge of that circuit
 6    designated by the Chief Judge, or in counties  of  less  than
 7    3,000,000  inhabitants,  the  presiding  trial  judge  at the
 8    defendant's trial may upon verified petition of the defendant
 9    order the record of arrest expunged from the official records
10    of the arresting authority and the Department and order  that
11    the records of the clerk of the circuit court be sealed until
12    further order of the court upon good cause shown and the name
13    of  the  defendant obliterated on the official index required
14    to be kept by the circuit court clerk under Section 16 of the
15    Clerks of Courts Act, but the  order  shall  not  affect  any
16    index  issued  by the circuit court clerk before the entry of
17    the order.  The Department may charge the  petitioner  a  fee
18    equivalent  to the cost of processing any order to expunge or
19    seal the records, and the fee shall  be  deposited  into  the
20    State  Police  Services  Fund.  The records of those arrests,
21    however, that result in a disposition of supervision for  any
22    offense  shall  not  be  expunged  from  the  records  of the
23    arresting authority or the Department nor  impounded  by  the
24    court   until  2  years  after  discharge  and  dismissal  of
25    supervision.  Those records that result  from  a  supervision
26    for  a  violation of Section 3-707, 3-708, 3-710, 5-401.3, or
27    11-503 of the Illinois Vehicle Code or a similar provision of
28    a local ordinance, or for  a  violation  of  Section  12-3.2,
29    12-15  or  16A-3  of  the Criminal Code of 1961, or probation
30    under Section 10 of the Cannabis Control Act, Section 410  of
31    the  Illinois Controlled Substances Act, Section 12-4.3(b)(1)
32    and (2) of the Criminal Code of  1961  (as  those  provisions
33    existed  before their deletion by Public Act 89-313), Section
34    10-102 of the Illinois Alcoholism and Other  Drug  Dependency
 
                            -3-                LRB9103529RCpr
 1    Act when the judgment of conviction has been vacated, Section
 2    40-10  of  the Alcoholism and Other Drug Abuse and Dependency
 3    Act when the judgment of  conviction  has  been  vacated,  or
 4    Section  10  of the Steroid Control Act shall not be expunged
 5    from the records of the arresting authority nor impounded  by
 6    the  court  until  5  years after termination of probation or
 7    supervision. Those records that result from a supervision for
 8    a violation of Section 11-501 of the Illinois Vehicle Code or
 9    a similar provision  of  a  local  ordinance,  shall  not  be
10    expunged.  All  records  set  out above may be ordered by the
11    court to be  expunged  from  the  records  of  the  arresting
12    authority and impounded by the court after 5 years, but shall
13    not  be expunged by the Department, but shall, on court order
14    be sealed by the Department and may be  disseminated  by  the
15    Department  only  as  required  by  law  or  to the arresting
16    authority, the State's Attorney, and the court upon  a  later
17    arrest  for  the same or a similar offense or for the purpose
18    of sentencing for any subsequent felony.  Upon conviction for
19    any offense, the Department of Corrections shall have  access
20    to  all  sealed  records of the Department pertaining to that
21    individual.
22        (b)  Whenever a person has been convicted of a  crime  or
23    of  the  violation of a municipal ordinance, in the name of a
24    person whose identity he has stolen or  otherwise  come  into
25    possession  of,  the  aggrieved person from whom the identity
26    was stolen or otherwise obtained without authorization,  upon
27    learning  of  the  person  having  been  arrested  using  his
28    identity,  may,  upon verified petition to the chief judge of
29    the circuit wherein the arrest was made, have a  court  order
30    entered  nunc  pro  tunc  by  the  chief judge to correct the
31    arrest record, conviction record, if any,  and  all  official
32    records  of  the  arresting  authority, the Department, other
33    criminal justice agencies,  the  prosecutor,  and  the  trial
34    court  concerning  such  arrest, if any, by removing his name
 
                            -4-                LRB9103529RCpr
 1    from all such records  in  connection  with  the  arrest  and
 2    conviction,  if any, and by inserting in the records the name
 3    of the offender, if known or ascertainable, in  lieu  of  the
 4    aggrieved's  name.   The  records of the clerk of the circuit
 5    court clerk shall be sealed until further order of the  court
 6    upon  good  cause  shown and the name of the aggrieved person
 7    obliterated on the official index required to be kept by  the
 8    circuit  court clerk under Section 16 of the Clerks of Courts
 9    Act, but the order shall not affect any index issued  by  the
10    circuit court clerk before the entry of the order. Nothing in
11    this  Section  shall  limit the Department of State Police or
12    other criminal justice agencies or prosecutors  from  listing
13    under  an offender's name the false names he or she has used.
14    For purposes of this  Section,  convictions  for  moving  and
15    nonmoving  traffic  violations  other  than  convictions  for
16    violations  of  Chapter 4, Section 11-204.1 or Section 11-501
17    of the Illinois Vehicle Code shall not be a bar to  expunging
18    the  record  of  arrest  and court records for violation of a
19    misdemeanor or municipal ordinance.
20        (c)  Whenever a person  who  has  been  convicted  of  an
21    offense   is   granted   a   pardon  by  the  Governor  which
22    specifically authorizes expungement, he  may,  upon  verified
23    petition  to  the chief judge of the circuit where the person
24    had been convicted, any judge of the  circuit  designated  by
25    the  Chief  Judge,  or  in  counties  of  less than 3,000,000
26    inhabitants, the presiding trial  judge  at  the  defendant's
27    trial, may have a court order entered expunging the record of
28    arrest  from  the official records of the arresting authority
29    and order that the records of the clerk of the circuit  court
30    and the Department be sealed until further order of the court
31    upon  good  cause  shown or as otherwise provided herein, and
32    the name of the defendant obliterated from the official index
33    requested to be kept by the circuit court clerk under Section
34    16 of the Clerks of Courts Act in connection with the  arrest
 
                            -5-                LRB9103529RCpr
 1    and conviction for the offense for which he had been pardoned
 2    but  the  order  shall  not  affect  any  index issued by the
 3    circuit court clerk before  the  entry  of  the  order.   All
 4    records  sealed  by the Department may be disseminated by the
 5    Department only as  required  by  law  or  to  the  arresting
 6    authority,  the State's States Attorney, and the court upon a
 7    later arrest for the same  or  similar  offense  or  for  the
 8    purpose  of  sentencing  for  any  subsequent  felony.   Upon
 9    conviction  for  any  subsequent  offense,  the Department of
10    Corrections shall have access to all sealed  records  of  the
11    Department  pertaining to that individual.  Upon entry of the
12    order of expungement, the clerk of the  circuit  court  shall
13    promptly  mail  a  copy  of  the  order to the person who was
14    pardoned.
15        (d)  Notice of the petition for subsections (a), (b), and
16    (c) shall be served upon the State's Attorney  or  prosecutor
17    charged  with  the  duty  of  prosecuting  the  offense,  the
18    Department  of  State  Police,  the  arresting agency and the
19    chief legal officer of the unit of local government affecting
20    the arrest.  Unless the State's Attorney or  prosecutor,  the
21    Department  of  State  Police,  the  arresting agency or such
22    chief legal officer objects to the petition  within  30  days
23    from  the  date of the notice, the court shall enter an order
24    granting or denying the petition.  The  clerk  of  the  court
25    shall  promptly  mail  a copy of the order to the person, the
26    arresting agency, the prosecutor,  the  Department  of  State
27    Police  and  such  other  criminal justice agencies as may be
28    ordered by the judge.
29        (e)  Nothing herein shall prevent the Department of State
30    Police from maintaining all records  of  any  person  who  is
31    admitted  to  probation  upon  terms  and  conditions and who
32    fulfills those terms and conditions pursuant to Section 10 of
33    the  Cannabis  Control  Act,  Section  410  of  the  Illinois
34    Controlled Substances Act, Section  12-4.3  of  the  Criminal
 
                            -6-                LRB9103529RCpr
 1    Code  of  1961, Section 10-102 of the Illinois Alcoholism and
 2    Other Drug Dependency Act, Section 40-10  of  the  Alcoholism
 3    and Other Drug Abuse and Dependency Act, or Section 10 of the
 4    Steroid Control Act.
 5        (f)  No  court  order  issued pursuant to the expungement
 6    provisions of this Section shall become final for purposes of
 7    appeal  until  30  days  after  notice  is  received  by  the
 8    Department.  Any court order contrary to  the  provisions  of
 9    this Section is void.
10        The  court  shall not order the sealing or expungement of
11    the arrest records and records of the circuit court clerk  of
12    any person granted supervision for or convicted of any sexual
13    offense committed against a minor under 18 years of age.  For
14    the  purposes  of  this  Section,  "sexual  offense committed
15    against a minor" includes but is not limited to the  offenses
16    of  indecent solicitation of a child or criminal sexual abuse
17    when the victim of such offense is under 18 years of age.
18    (Source: P.A. 88-45; 88-77;  88-670,  eff.  12-2-94;  88-679,
19    eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)

20        (Text of Section after amendment by P.A. 90-590)
21        Sec. 5. Arrest reports; expungement.
22        (a)  All  policing  bodies of this State shall furnish to
23    the Department, daily, in the form and detail the  Department
24    requires,  fingerprints  and  descriptions of all persons who
25    are arrested on charges of violating  any  penal  statute  of
26    this  State  for offenses that are classified as felonies and
27    Class A or B misdemeanors and of all minors of the age of  10
28    and over who have been arrested for an offense which would be
29    a  felony  if  committed  by  an  adult, and may forward such
30    fingerprints and descriptions for minors arrested for Class A
31    or B misdemeanors.  Moving or  nonmoving  traffic  violations
32    under  the Illinois Vehicle Code shall not be reported except
33    for violations of Chapter 4,  Section  11-204.1,  or  Section
34    11-501  of that Code.  In addition, conservation offenses, as
 
                            -7-                LRB9103529RCpr
 1    defined in the Supreme Court Rule 501(c), that are classified
 2    as Class B misdemeanors shall not be reported.
 3        Whenever an adult or minor prosecuted as  an  adult,  not
 4    having  previously  been convicted of any criminal offense or
 5    municipal ordinance violation, charged with a violation of  a
 6    municipal  ordinance or a felony or misdemeanor, is acquitted
 7    or released without being convicted, whether the acquittal or
 8    release occurred before, on, or after the effective  date  of
 9    this  amendatory  Act of 1991, the Chief Judge of the circuit
10    wherein the charge was brought, any  judge  of  that  circuit
11    designated  by  the  Chief Judge, or in counties of less than
12    3,000,000 inhabitants,  the  presiding  trial  judge  at  the
13    defendant's trial may upon verified petition of the defendant
14    order the record of arrest expunged from the official records
15    of  the arresting authority and the Department and order that
16    the records of the clerk of the circuit court be sealed until
17    further order of the court upon good cause shown and the name
18    of the defendant obliterated on the official  index  required
19    to be kept by the circuit court clerk under Section 16 of the
20    Clerks  of  Courts  Act,  but  the order shall not affect any
21    index issued by the circuit court clerk before the  entry  of
22    the  order.   The  Department may charge the petitioner a fee
23    equivalent to the cost of processing any order to expunge  or
24    seal  the  records,  and  the fee shall be deposited into the
25    State Police Services Fund.  The records  of  those  arrests,
26    however,  that result in a disposition of supervision for any
27    offense shall  not  be  expunged  from  the  records  of  the
28    arresting  authority  or  the Department nor impounded by the
29    court  until  2  years  after  discharge  and  dismissal   of
30    supervision.   Those  records  that result from a supervision
31    for a violation of Section 3-707, 3-708, 3-710,  5-401.3,  or
32    11-503 of the Illinois Vehicle Code or a similar provision of
33    a  local  ordinance,  or  for  a violation of Section 12-3.2,
34    12-15 or 16A-3 of the Criminal Code  of  1961,  or  probation
 
                            -8-                LRB9103529RCpr
 1    under  Section 10 of the Cannabis Control Act, Section 410 of
 2    the Illinois Controlled Substances Act, Section  12-4.3(b)(1)
 3    and  (2)  of  the  Criminal Code of 1961 (as those provisions
 4    existed before their deletion by Public Act 89-313),  Section
 5    10-102  of  the Illinois Alcoholism and Other Drug Dependency
 6    Act when the judgment of conviction has been vacated, Section
 7    40-10 of the Alcoholism and Other Drug Abuse  and  Dependency
 8    Act  when  the  judgment  of  conviction has been vacated, or
 9    Section 10 of the Steroid Control Act shall not  be  expunged
10    from  the records of the arresting authority nor impounded by
11    the court until 5 years after  termination  of  probation  or
12    supervision.   Those  records  that result from a supervision
13    for a violation of Section 11-501  of  the  Illinois  Vehicle
14    Code  or  a similar provision of a local ordinance, shall not
15    be expunged.  All records set out above may be ordered by the
16    court to be  expunged  from  the  records  of  the  arresting
17    authority and impounded by the court after 5 years, but shall
18    not  be expunged by the Department, but shall, on court order
19    be sealed by the Department and may be  disseminated  by  the
20    Department  only  as  required  by  law  or  to the arresting
21    authority, the State's Attorney, and the court upon  a  later
22    arrest  for  the same or a similar offense or for the purpose
23    of sentencing for any subsequent felony.  Upon conviction for
24    any offense, the Department of Corrections shall have  access
25    to  all  sealed  records of the Department pertaining to that
26    individual.
27        (a-5)  Those records maintained  by  the  Department  for
28    persons  arrested  prior  to  their  17th  birthday  shall be
29    expunged as provided in Section 5-915 of the  Juvenile  Court
30    Act of 1987.
31        (b)  Whenever  a  person has been convicted of a crime or
32    of the violation of a municipal ordinance, in the name  of  a
33    person  whose  identity  he has stolen or otherwise come into
34    possession of, the aggrieved person from  whom  the  identity
 
                            -9-                LRB9103529RCpr
 1    was  stolen or otherwise obtained without authorization, upon
 2    learning  of  the  person  having  been  arrested  using  his
 3    identity, may, upon verified petition to the chief  judge  of
 4    the  circuit  wherein the arrest was made, have a court order
 5    entered nunc pro tunc by  the  chief  judge  to  correct  the
 6    arrest  record,  conviction  record, if any, and all official
 7    records of the arresting  authority,  the  Department,  other
 8    criminal  justice  agencies,  the  prosecutor,  and the trial
 9    court concerning such arrest, if any, by  removing  his  name
10    from  all  such  records  in  connection  with the arrest and
11    conviction, if any, and by inserting in the records the  name
12    of  the  offender,  if known or ascertainable, in lieu of the
13    has name.  The records of the  clerk  of  the  circuit  court
14    clerk  shall  be sealed until further order of the court upon
15    good cause  shown  and  the  name  of  the  aggrieved  person
16    obliterated  on the official index required to be kept by the
17    circuit court clerk under Section 16 of the Clerks of  Courts
18    Act,  but  the order shall not affect any index issued by the
19    circuit court clerk before the entry of the order. Nothing in
20    this Section shall limit the Department of  State  Police  or
21    other  criminal  justice agencies or prosecutors from listing
22    under an offender's name the false names he or she has  used.
23    For  purposes  of  this  Section,  convictions for moving and
24    nonmoving  traffic  violations  other  than  convictions  for
25    violations of Chapter 4, Section 11-204.1 or  Section  11-501
26    of  the Illinois Vehicle Code shall not be a bar to expunging
27    the record of arrest and court records  for  violation  of  a
28    misdemeanor or municipal ordinance.
29        (c)  Whenever  a  person  who  has  been  convicted of an
30    offense  is  granted  a  pardon   by   the   Governor   which
31    specifically  authorizes  expungement,  he may, upon verified
32    petition to the chief judge of the circuit where  the  person
33    had  been  convicted,  any judge of the circuit designated by
34    the Chief Judge,  or  in  counties  of  less  than  3,000,000
 
                            -10-               LRB9103529RCpr
 1    inhabitants,  the  presiding  trial  judge at the defendant's
 2    trial, may have a court order entered expunging the record of
 3    arrest from the official records of the  arresting  authority
 4    and  order that the records of the clerk of the circuit court
 5    and the Department be sealed until further order of the court
 6    upon good cause shown or as otherwise  provided  herein,  and
 7    the name of the defendant obliterated from the official index
 8    requested to be kept by the circuit court clerk under Section
 9    16  of the Clerks of Courts Act in connection with the arrest
10    and conviction for the offense for which he had been pardoned
11    but the order shall  not  affect  any  index  issued  by  the
12    circuit  court  clerk  before  the  entry  of the order.  All
13    records sealed by the Department may be disseminated  by  the
14    Department  only  as  required  by  law  or  to the arresting
15    authority, the State's States Attorney, and the court upon  a
16    later  arrest  for  the  same  or  similar offense or for the
17    purpose  of  sentencing  for  any  subsequent  felony.   Upon
18    conviction for any  subsequent  offense,  the  Department  of
19    Corrections  shall  have  access to all sealed records of the
20    Department pertaining to that individual.  Upon entry of  the
21    order  of  expungement,  the clerk of the circuit court shall
22    promptly mail a copy of the  order  to  the  person  who  was
23    pardoned.
24        (c-5)  Whenever  a  person has been convicted of criminal
25    sexual assault, aggravated criminal sexual assault, predatory
26    criminal sexual assault of a child, criminal sexual abuse, or
27    aggravated criminal sexual abuse, the victim of that  offense
28    may  request that the State's Attorney of the county in which
29    the conviction occurred file a  verified  petition  with  the
30    presiding  trial  judge  at  the  defendant's trial to have a
31    court order entered to seal the records of the clerk  of  the
32    circuit court in connection with the proceedings of the trial
33    court  concerning  that offense.  However, the records of the
34    arresting  authority  and  the  Department  of  State  Police
 
                            -11-               LRB9103529RCpr
 1    concerning the offense shall not be sealed.  The court,  upon
 2    good  cause shown, shall make the records of the clerk of the
 3    circuit court in connection with the proceedings of the trial
 4    court concerning the offense available for public inspection.
 5    
 6        (d)  Notice of the petition for subsections (a), (b), and
 7    (c) shall be served upon the State's Attorney  or  prosecutor
 8    charged  with  the  duty  of  prosecuting  the  offense,  the
 9    Department  of  State  Police,  the  arresting agency and the
10    chief legal officer of the unit of local government affecting
11    the arrest.  Unless the State's Attorney or  prosecutor,  the
12    Department  of  State  Police,  the  arresting agency or such
13    chief legal officer objects to the petition  within  30  days
14    from  the  date of the notice, the court shall enter an order
15    granting or denying the petition.  The  clerk  of  the  court
16    shall  promptly  mail  a copy of the order to the person, the
17    arresting agency, the prosecutor,  the  Department  of  State
18    Police  and  such  other  criminal justice agencies as may be
19    ordered by the judge.
20        (e)  Nothing herein shall prevent the Department of State
21    Police from maintaining all records  of  any  person  who  is
22    admitted  to  probation  upon  terms  and  conditions and who
23    fulfills those terms and conditions pursuant to Section 10 of
24    the  Cannabis  Control  Act,  Section  410  of  the  Illinois
25    Controlled Substances Act, Section  12-4.3  of  the  Criminal
26    Code  of  1961, Section 10-102 of the Illinois Alcoholism and
27    Other Drug Dependency Act, Section 40-10  of  the  Alcoholism
28    and Other Drug Abuse and Dependency Act, or Section 10 of the
29    Steroid Control Act.
30        (f)  No  court  order  issued pursuant to the expungement
31    provisions of this Section shall become final for purposes of
32    appeal  until  30  days  after  notice  is  received  by  the
33    Department.  Any court order contrary to  the  provisions  of
34    this Section is void.
 
                            -12-               LRB9103529RCpr
 1        (g)  Except  as otherwise provided in subsection (c-5) of
 2    this Section, the  court  shall  not  order  the  sealing  or
 3    expungement  of the arrest records and records of the circuit
 4    court  clerk  of  any  person  granted  supervision  for   or
 5    convicted  of  any  sexual  offense committed against a minor
 6    under 18 years of age.  For the  purposes  of  this  Section,
 7    "sexual  offense  committed  against a minor" includes but is
 8    not limited to the offenses of  indecent  solicitation  of  a
 9    child  or  criminal  sexual  abuse  when  the  victim of such
10    offense is under 18 years of age.
11    (Source: P.A. 89-637, eff.  1-1-97;  89-689,  eff.  12-31-96;
12    90-590, eff. 1-1-00; revised 10-31-98.)
13        Section  99.   Effective  date.   This  Act  takes effect
14    January 1, 2000.

[ Top ]