JUV CT-EXPUNGEMENT House SponsorsRep. Lovana Jones-Annazette Collins-Constance A. Howard-Arthur L. Turner-Charles G. Morrow III, Larry McKeon, Kenneth Dunkin, Patricia R. Bellock, Eileen Lyons, Patricia Reid Lindner and Patricia Bailey Senate Sponsors(Sen. Jacqueline Y. Collins and John J. Cullerton-Mattie Hunter-Kimberly A. Lightford-Donne E. Trotter-James T. Meeks) 8/12/2004HousePublic Act . . . . . . . . . 93-0912 705 ILCS 405/5-915 Amends the Juvenile Court Act of 1987. Provides that a minor who is eligible to have his or her juvenile records expunged shall at the time of sentencing or dismissal of the case be informed by the judge of his or her right to expungement and shall be provided an expungement information packet by the clerk of the circuit court. Provides that if an objection to expungement is filed within 90 days of the notice of expungement, a hearing shall be set on the objections. Provides that the State Appellate Defender shall, by December 31, 2004, establish, maintain, and carry out a juvenile expungement program to provide information to minors eligible to have their records expunged. Provides that the State Appellate Defender shall establish and maintain a statewide toll-free telephone number that a person may use to receive information or assistance concerning the expungement of juvenile records. Provides that except with respect to law enforcement agencies, the Department of Corrections, State's Attorneys, or other prosecutors, an expunged juvenile record may not be considered by any private or public entity in employment matters, certification, licensing, revocation of certification or licensure, or registration. Provides that applications for employment must contain specific language that states that the applicant is not obligated to disclose expunged juvenile records of conviction or arrest. Provides that employers may not ask if an applicant has had a juvenile record expunged. Provides that effective January 1, 2005, the Department of Employment Security shall develop a program to inform employers that employers may not ask if an applicant had a juvenile record expunged and that application for employment must contain specific language that states that the applicant is not obligated to disclose expunged juvenile records of arrest or conviction. Effective immediately.House Amendment No. 1 Deletes everything after the enacting clause. Amends the Juvenile Court Act of 1987. Reinserts the provisions of the bill as introduced. Eliminates the provisions that provide for expungement when the minor was placed on probation and the probation period has been successfully terminated. Provides for a notice of expungement form, an order of expungement form, and a notice of objection form. Effective immediately.Fiscal Note (State Police) Fiscal impact of approximately $901,000 depending on the number of expungement requests received.Fiscal Note (Department of Employment Security) The first mailing would cost in the neighborhood of $295,000 to $325,000 in State funds. Subsequent mailings would save the one-time cost and therefore be expected to range from $275,000 to $300,000.House Amendment No. 2 Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended with the following changes. Makes various grammatical changes to the bill. Provides that the person must petition for expungement rather than the court automatically entering an order of expungement. Eliminates provision that the processing fee for expungement must be deposited in the State Police Services Fund. Provides that the Department of Labor (rather than the Department of Employment Security) shall develop a link on the Department's website (rather than a program) to inform employers that employers may not ask if an applicant had a juvenile record expunged and that application for employment must contain specific language that states that the applicant is not obligated to disclose expunged juvenile records of arrest or conviction. Effective immediately.Fiscal Note (State Police) As amended by HA2, there would be a minimal fiscal impact depending on the number of expungements where fees are waived for indigent individuals.State Mandates Fiscal Note (Department of Commerce and Economic Opportunity) Does not create a state mandate under the State Mandates Act as amended by HA2.Fiscal Note (Department of Labor) Administration of this Act would not require additional costs.Senate Floor Amendment No. 1 Provides that the failure of the judge to give the admonishment to the petitioner seeking expungement does not create a substantive right, nor is that failure grounds for: (i) a reversal of an adjudication of delinquency, (ii) a new trial; or (iii) an appeal. 2/3/2004HouseFiled with the Clerk by Rep. Lovana Jones 2/3/2004HouseChief Co-Sponsor Rep. Annazette Collins 2/3/2004HouseChief Co-Sponsor Rep. Constance A. Howard 2/3/2004HouseChief Co-Sponsor Rep. Arthur L. Turner 2/3/2004HouseChief Co-Sponsor Rep. Charles G. Morrow, III 2/3/2004HouseFirst Reading 2/3/2004HouseReferred to Rules Committee 2/10/2004HouseAssigned to Judiciary II - Criminal Law Committee 2/24/2004HouseRe-assigned to Juvenile Justice Reform Committee 3/4/2004HouseHouse Amendment No. 1 Filed with Clerk by Juvenile Justice Reform Committee 3/4/2004HouseHouse Amendment No. 1 Adopted in Juvenile Justice Reform Committee; by Voice Vote 3/4/2004HouseDo Pass as Amended / Short Debate Juvenile Justice Reform Committee; 007-001-000 3/4/2004HousePlaced on Calendar 2nd Reading - Short Debate 3/16/2004HouseFiscal Note Filed As Amended by HA 1 3/22/2004HouseFiscal Note Filed As Amended by HA 1 3/25/2004HouseHouse Amendment No. 2 Filed with Clerk by Rep. Lovana Jones 3/25/2004HouseHouse Amendment No. 2 Referred to Rules Committee 3/26/2004HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000 3/26/2004HouseSecond Reading - Short Debate 3/26/2004HouseHeld on Calendar Order of Second Reading - Short Debate 3/26/2004HouseHouse Amendment No. 2 Adopted by Voice Vote 3/26/2004HouseHeld on Calendar Order of Second Reading - Short Debate 3/26/2004HouseFiscal Note Requested by Rep. Brent Hassert; As Amended by HA 2 3/26/2004HouseState Mandates Fiscal Note Requested by Rep. Brent Hassert; As Amended by HA 2 3/29/2004HouseFiscal Note Filed As Amended by HA 2 3/29/2004HouseState Mandates Fiscal Note Filed As Amended by HA 2 3/30/2004HouseSecond Reading - Short Debate 3/30/2004HousePlaced on Calendar Order of 3rd Reading - Short Debate 3/30/2004HouseAdded Co-Sponsor Rep. Larry McKeon 3/31/2004HouseThird Reading - Short Debate - Passed 102-014-000 3/31/2004HouseAdded Co-Sponsor Rep. Kenneth Dunkin 3/31/2004HouseAdded Co-Sponsor Rep. Patricia R. Bellock 3/31/2004HouseAdded Co-Sponsor Rep. Eileen Lyons 3/31/2004HouseAdded Co-Sponsor Rep. Patricia Reid Lindner 3/31/2004HouseAdded Co-Sponsor Rep. Patricia Bailey 3/31/2004SenateArrive in Senate 3/31/2004SenatePlaced on Calendar Order of First Reading 3/31/2004SenateChief Senate Sponsor Sen. Jacqueline Y. Collins 3/31/2004SenateFirst Reading 3/31/2004SenateReferred to Rules 4/1/2004SenateAdded as Alternate Co-Sponsor Sen. John J. Cullerton 4/5/2004SenateFiscal Note Filed as amended by House Amendment No. 2 from the Illinois Department of Labor. 4/15/2004SenateAssigned to Judiciary 4/22/2004SenateDo Pass Judiciary; 006-002-001 4/22/2004SenatePlaced on Calendar Order of 2nd Reading April 27, 2004 4/28/2004SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter 5/10/2004SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins 5/10/2004SenateSenate Floor Amendment No. 1 Referred to Rules 5/11/2004SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary 5/12/2004SenateSenate Floor Amendment No. 1 Be Adopted Judiciary; 006-000-000 5/12/2004SenateSecond Reading 5/12/2004SenateSenate Floor Amendment No. 1 Adopted; Collins 5/12/2004SenatePlaced on Calendar Order of 3rd Reading May 13, 2004 5/13/2004SenateAdded as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford 5/13/2004SenateAdded as Alternate Chief Co-Sponsor Sen. Donne E. Trotter 5/13/2004SenateAdded as Alternate Chief Co-Sponsor Sen. James T. Meeks 5/13/2004SenateThird Reading - Passed; 033-021-000 5/14/2004HouseArrived in House 5/14/2004HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1 5/17/2004HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Lovana Jones 5/17/2004HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee 5/18/2004HouseSenate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000 5/20/2004HouseSenate Floor Amendment No. 1 House Concurs 063-049-000 5/20/2004HousePassed Both Houses 6/18/2004HouseSent to the Governor 8/12/2004HouseGovernor Approved 8/12/2004HouseEffective Date August 12, 2004 8/12/2004HousePublic Act . . . . . . . . . 93-0912