Rep. Jehan Gordon-Booth

Filed: 5/16/2018

 

 


 

 


 
10000HB5341ham004LRB100 19571 SLF 39928 a

1
AMENDMENT TO HOUSE BILL 5341

2    AMENDMENT NO. ______. Amend House Bill 5341, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Identification Act is amended by
6changing Section 5.2 as follows:
 
7    (20 ILCS 2630/5.2)
8    Sec. 5.2. Expungement, sealing, and immediate sealing.
9    (a) General Provisions.
10        (1) Definitions. In this Act, words and phrases have
11    the meanings set forth in this subsection, except when a
12    particular context clearly requires a different meaning.
13            (A) The following terms shall have the meanings
14        ascribed to them in the Unified Code of Corrections,
15        730 ILCS 5/5-1-2 through 5/5-1-22:
16                (i) Business Offense (730 ILCS 5/5-1-2),

 

 

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1                (ii) Charge (730 ILCS 5/5-1-3),
2                (iii) Court (730 ILCS 5/5-1-6),
3                (iv) Defendant (730 ILCS 5/5-1-7),
4                (v) Felony (730 ILCS 5/5-1-9),
5                (vi) Imprisonment (730 ILCS 5/5-1-10),
6                (vii) Judgment (730 ILCS 5/5-1-12),
7                (viii) Misdemeanor (730 ILCS 5/5-1-14),
8                (ix) Offense (730 ILCS 5/5-1-15),
9                (x) Parole (730 ILCS 5/5-1-16),
10                (xi) Petty Offense (730 ILCS 5/5-1-17),
11                (xii) Probation (730 ILCS 5/5-1-18),
12                (xiii) Sentence (730 ILCS 5/5-1-19),
13                (xiv) Supervision (730 ILCS 5/5-1-21), and
14                (xv) Victim (730 ILCS 5/5-1-22).
15            (B) As used in this Section, "charge not initiated
16        by arrest" means a charge (as defined by 730 ILCS
17        5/5-1-3) brought against a defendant where the
18        defendant is not arrested prior to or as a direct
19        result of the charge.
20            (C) "Conviction" means a judgment of conviction or
21        sentence entered upon a plea of guilty or upon a
22        verdict or finding of guilty of an offense, rendered by
23        a legally constituted jury or by a court of competent
24        jurisdiction authorized to try the case without a jury.
25        An order of supervision successfully completed by the
26        petitioner is not a conviction. An order of qualified

 

 

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1        probation (as defined in subsection (a)(1)(J))
2        successfully completed by the petitioner is not a
3        conviction. An order of supervision or an order of
4        qualified probation that is terminated
5        unsatisfactorily is a conviction, unless the
6        unsatisfactory termination is reversed, vacated, or
7        modified and the judgment of conviction, if any, is
8        reversed or vacated.
9            (D) "Criminal offense" means a petty offense,
10        business offense, misdemeanor, felony, or municipal
11        ordinance violation (as defined in subsection
12        (a)(1)(H)). As used in this Section, a minor traffic
13        offense (as defined in subsection (a)(1)(G)) shall not
14        be considered a criminal offense.
15            (E) "Expunge" means to physically destroy the
16        records or return them to the petitioner and to
17        obliterate the petitioner's name from any official
18        index or public record, or both. Nothing in this Act
19        shall require the physical destruction of the circuit
20        court file, but such records relating to arrests or
21        charges, or both, ordered expunged shall be impounded
22        as required by subsections (d)(9)(A)(ii) and
23        (d)(9)(B)(ii).
24            (F) As used in this Section, "last sentence" means
25        the sentence, order of supervision, or order of
26        qualified probation (as defined by subsection

 

 

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1        (a)(1)(J)), for a criminal offense (as defined by
2        subsection (a)(1)(D)) that terminates last in time in
3        any jurisdiction, regardless of whether the petitioner
4        has included the criminal offense for which the
5        sentence or order of supervision or qualified
6        probation was imposed in his or her petition. If
7        multiple sentences, orders of supervision, or orders
8        of qualified probation terminate on the same day and
9        are last in time, they shall be collectively considered
10        the "last sentence" regardless of whether they were
11        ordered to run concurrently.
12            (G) "Minor traffic offense" means a petty offense,
13        business offense, or Class C misdemeanor under the
14        Illinois Vehicle Code or a similar provision of a
15        municipal or local ordinance.
16            (H) "Municipal ordinance violation" means an
17        offense defined by a municipal or local ordinance that
18        is criminal in nature and with which the petitioner was
19        charged or for which the petitioner was arrested and
20        released without charging.
21            (I) "Petitioner" means an adult or a minor
22        prosecuted as an adult who has applied for relief under
23        this Section.
24            (J) "Qualified probation" means an order of
25        probation under Section 10 of the Cannabis Control Act,
26        Section 410 of the Illinois Controlled Substances Act,

 

 

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1        Section 70 of the Methamphetamine Control and
2        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
3        of the Unified Code of Corrections, Section
4        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
5        those provisions existed before their deletion by
6        Public Act 89-313), Section 10-102 of the Illinois
7        Alcoholism and Other Drug Dependency Act, Section
8        40-10 of the Alcoholism and Other Drug Abuse and
9        Dependency Act, or Section 10 of the Steroid Control
10        Act. For the purpose of this Section, "successful
11        completion" of an order of qualified probation under
12        Section 10-102 of the Illinois Alcoholism and Other
13        Drug Dependency Act and Section 40-10 of the Alcoholism
14        and Other Drug Abuse and Dependency Act means that the
15        probation was terminated satisfactorily and the
16        judgment of conviction was vacated.
17            (K) "Seal" means to physically and electronically
18        maintain the records, unless the records would
19        otherwise be destroyed due to age, but to make the
20        records unavailable without a court order, subject to
21        the exceptions in Sections 12 and 13 of this Act. The
22        petitioner's name shall also be obliterated from the
23        official index required to be kept by the circuit court
24        clerk under Section 16 of the Clerks of Courts Act, but
25        any index issued by the circuit court clerk before the
26        entry of the order to seal shall not be affected.

 

 

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1            (L) "Sexual offense committed against a minor"
2        includes but is not limited to the offenses of indecent
3        solicitation of a child or criminal sexual abuse when
4        the victim of such offense is under 18 years of age.
5            (M) "Terminate" as it relates to a sentence or
6        order of supervision or qualified probation includes
7        either satisfactory or unsatisfactory termination of
8        the sentence, unless otherwise specified in this
9        Section. A sentence is terminated notwithstanding any
10        outstanding financial legal obligation.
11        (2) Minor Traffic Offenses. Orders of supervision or
12    convictions for minor traffic offenses shall not affect a
13    petitioner's eligibility to expunge or seal records
14    pursuant to this Section.
15        (2.5) Commencing 180 days after July 29, 2016 (the
16    effective date of Public Act 99-697), the law enforcement
17    agency issuing the citation shall automatically expunge,
18    on or before January 1 and July 1 of each year, the law
19    enforcement records of a person found to have committed a
20    civil law violation of subsection (a) of Section 4 of the
21    Cannabis Control Act or subsection (c) of Section 3.5 of
22    the Drug Paraphernalia Control Act in the law enforcement
23    agency's possession or control and which contains the final
24    satisfactory disposition which pertain to the person
25    issued a citation for that offense. The law enforcement
26    agency shall provide by rule the process for access,

 

 

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1    review, and to confirm the automatic expungement by the law
2    enforcement agency issuing the citation. Commencing 180
3    days after July 29, 2016 (the effective date of Public Act
4    99-697), the clerk of the circuit court shall expunge, upon
5    order of the court, or in the absence of a court order on
6    or before January 1 and July 1 of each year, the court
7    records of a person found in the circuit court to have
8    committed a civil law violation of subsection (a) of
9    Section 4 of the Cannabis Control Act or subsection (c) of
10    Section 3.5 of the Drug Paraphernalia Control Act in the
11    clerk's possession or control and which contains the final
12    satisfactory disposition which pertain to the person
13    issued a citation for any of those offenses.
14        (3) Exclusions. Except as otherwise provided in
15    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
16    of this Section, the court shall not order:
17            (A) the sealing or expungement of the records of
18        arrests or charges not initiated by arrest that result
19        in an order of supervision for or conviction of: (i)
20        any sexual offense committed against a minor; (ii)
21        Section 11-501 of the Illinois Vehicle Code or a
22        similar provision of a local ordinance; or (iii)
23        Section 11-503 of the Illinois Vehicle Code or a
24        similar provision of a local ordinance, unless the
25        arrest or charge is for a misdemeanor violation of
26        subsection (a) of Section 11-503 or a similar provision

 

 

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1        of a local ordinance, that occurred prior to the
2        offender reaching the age of 25 years and the offender
3        has no other conviction for violating Section 11-501 or
4        11-503 of the Illinois Vehicle Code or a similar
5        provision of a local ordinance.
6            (B) the sealing or expungement of records of minor
7        traffic offenses (as defined in subsection (a)(1)(G)),
8        unless the petitioner was arrested and released
9        without charging.
10            (C) the sealing of the records of arrests or
11        charges not initiated by arrest which result in an
12        order of supervision or a conviction for the following
13        offenses:
14                (i) offenses included in Article 11 of the
15            Criminal Code of 1961 or the Criminal Code of 2012
16            or a similar provision of a local ordinance, except
17            Section 11-14 and a misdemeanor violation of
18            Section 11-30 of the Criminal Code of 1961 or the
19            Criminal Code of 2012, or a similar provision of a
20            local ordinance;
21                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
22            26-5, or 48-1 of the Criminal Code of 1961 or the
23            Criminal Code of 2012, or a similar provision of a
24            local ordinance;
25                (iii) Sections 12-3.1 or 12-3.2 of the
26            Criminal Code of 1961 or the Criminal Code of 2012,

 

 

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1            or Section 125 of the Stalking No Contact Order
2            Act, or Section 219 of the Civil No Contact Order
3            Act, or a similar provision of a local ordinance;
4                (iv) Class A misdemeanors or felony offenses
5            under the Humane Care for Animals Act; or
6                (v) any offense or attempted offense that
7            would subject a person to registration under the
8            Sex Offender Registration Act.
9            (D) (blank).
10    (b) Expungement.
11        (1) A petitioner may petition the circuit court to
12    expunge the records of his or her arrests and charges not
13    initiated by arrest when each arrest or charge not
14    initiated by arrest sought to be expunged resulted in: (i)
15    acquittal, dismissal, or the petitioner's release without
16    charging, unless excluded by subsection (a)(3)(B); (ii) a
17    conviction which was vacated or reversed, unless excluded
18    by subsection (a)(3)(B); (iii) an order of supervision and
19    such supervision was successfully completed by the
20    petitioner, unless excluded by subsection (a)(3)(A) or
21    (a)(3)(B); or (iv) an order of qualified probation (as
22    defined in subsection (a)(1)(J)) and such probation was
23    successfully completed by the petitioner.
24        (1.5) When a petitioner seeks to have a record of
25    arrest expunged under this Section, and the offender has
26    been convicted of a criminal offense, the State's Attorney

 

 

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1    may object to the expungement on the grounds that the
2    records contain specific relevant information aside from
3    the mere fact of the arrest.
4        (2) Time frame for filing a petition to expunge.
5            (A) When the arrest or charge not initiated by
6        arrest sought to be expunged resulted in an acquittal,
7        dismissal, the petitioner's release without charging,
8        or the reversal or vacation of a conviction, there is
9        no waiting period to petition for the expungement of
10        such records.
11            (B) When the arrest or charge not initiated by
12        arrest sought to be expunged resulted in an order of
13        supervision, successfully completed by the petitioner,
14        the following time frames will apply:
15                (i) Those arrests or charges that resulted in
16            orders of supervision under Section 3-707, 3-708,
17            3-710, or 5-401.3 of the Illinois Vehicle Code or a
18            similar provision of a local ordinance, or under
19            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
20            Code of 1961 or the Criminal Code of 2012, or a
21            similar provision of a local ordinance, shall not
22            be eligible for expungement until 5 years have
23            passed following the satisfactory termination of
24            the supervision.
25                (i-5) Those arrests or charges that resulted
26            in orders of supervision for a misdemeanor

 

 

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1            violation of subsection (a) of Section 11-503 of
2            the Illinois Vehicle Code or a similar provision of
3            a local ordinance, that occurred prior to the
4            offender reaching the age of 25 years and the
5            offender has no other conviction for violating
6            Section 11-501 or 11-503 of the Illinois Vehicle
7            Code or a similar provision of a local ordinance
8            shall not be eligible for expungement until the
9            petitioner has reached the age of 25 years.
10                (ii) Those arrests or charges that resulted in
11            orders of supervision for any other offenses shall
12            not be eligible for expungement until 2 years have
13            passed following the satisfactory termination of
14            the supervision.
15            (C) When the arrest or charge not initiated by
16        arrest sought to be expunged resulted in an order of
17        qualified probation, successfully completed by the
18        petitioner, such records shall not be eligible for
19        expungement until 5 years have passed following the
20        satisfactory termination of the probation.
21        (3) Those records maintained by the Department for
22    persons arrested prior to their 17th birthday shall be
23    expunged as provided in Section 5-915 of the Juvenile Court
24    Act of 1987.
25        (4) Whenever a person has been arrested for or
26    convicted of any offense, in the name of a person whose

 

 

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1    identity he or she has stolen or otherwise come into
2    possession of, the aggrieved person from whom the identity
3    was stolen or otherwise obtained without authorization,
4    upon learning of the person having been arrested using his
5    or her identity, may, upon verified petition to the chief
6    judge of the circuit wherein the arrest was made, have a
7    court order entered nunc pro tunc by the Chief Judge to
8    correct the arrest record, conviction record, if any, and
9    all official records of the arresting authority, the
10    Department, other criminal justice agencies, the
11    prosecutor, and the trial court concerning such arrest, if
12    any, by removing his or her name from all such records in
13    connection with the arrest and conviction, if any, and by
14    inserting in the records the name of the offender, if known
15    or ascertainable, in lieu of the aggrieved's name. The
16    records of the circuit court clerk shall be sealed until
17    further order of the court upon good cause shown and the
18    name of the aggrieved person obliterated on the official
19    index required to be kept by the circuit court clerk under
20    Section 16 of the Clerks of Courts Act, but the order shall
21    not affect any index issued by the circuit court clerk
22    before the entry of the order. Nothing in this Section
23    shall limit the Department of State Police or other
24    criminal justice agencies or prosecutors from listing
25    under an offender's name the false names he or she has
26    used.

 

 

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1        (5) Whenever a person has been convicted of criminal
2    sexual assault, aggravated criminal sexual assault,
3    predatory criminal sexual assault of a child, criminal
4    sexual abuse, or aggravated criminal sexual abuse, the
5    victim of that offense may request that the State's
6    Attorney of the county in which the conviction occurred
7    file a verified petition with the presiding trial judge at
8    the petitioner's trial to have a court order entered to
9    seal the records of the circuit court clerk in connection
10    with the proceedings of the trial court concerning that
11    offense. However, the records of the arresting authority
12    and the Department of State Police concerning the offense
13    shall not be sealed. The court, upon good cause shown,
14    shall make the records of the circuit court clerk in
15    connection with the proceedings of the trial court
16    concerning the offense available for public inspection.
17        (6) If a conviction has been set aside on direct review
18    or on collateral attack and the court determines by clear
19    and convincing evidence that the petitioner was factually
20    innocent of the charge, the court that finds the petitioner
21    factually innocent of the charge shall enter an expungement
22    order for the conviction for which the petitioner has been
23    determined to be innocent as provided in subsection (b) of
24    Section 5-5-4 of the Unified Code of Corrections.
25        (7) Nothing in this Section shall prevent the
26    Department of State Police from maintaining all records of

 

 

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1    any person who is admitted to probation upon terms and
2    conditions and who fulfills those terms and conditions
3    pursuant to Section 10 of the Cannabis Control Act, Section
4    410 of the Illinois Controlled Substances Act, Section 70
5    of the Methamphetamine Control and Community Protection
6    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
7    Corrections, Section 12-4.3 or subdivision (b)(1) of
8    Section 12-3.05 of the Criminal Code of 1961 or the
9    Criminal Code of 2012, Section 10-102 of the Illinois
10    Alcoholism and Other Drug Dependency Act, Section 40-10 of
11    the Alcoholism and Other Drug Abuse and Dependency Act, or
12    Section 10 of the Steroid Control Act.
13        (8) If the petitioner has been granted a certificate of
14    innocence under Section 2-702 of the Code of Civil
15    Procedure, the court that grants the certificate of
16    innocence shall also enter an order expunging the
17    conviction for which the petitioner has been determined to
18    be innocent as provided in subsection (h) of Section 2-702
19    of the Code of Civil Procedure.
20    (c) Sealing.
21        (1) Applicability. Notwithstanding any other provision
22    of this Act to the contrary, and cumulative with any rights
23    to expungement of criminal records, this subsection
24    authorizes the sealing of criminal records of adults and of
25    minors prosecuted as adults. Subsection (g) of this Section
26    provides for immediate sealing of certain records.

 

 

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1        (2) Eligible Records. The following records may be
2    sealed:
3            (A) All arrests resulting in release without
4        charging;
5            (B) Arrests or charges not initiated by arrest
6        resulting in acquittal, dismissal, or conviction when
7        the conviction was reversed or vacated, except as
8        excluded by subsection (a)(3)(B);
9            (C) Arrests or charges not initiated by arrest
10        resulting in orders of supervision, including orders
11        of supervision for municipal ordinance violations,
12        successfully completed by the petitioner, unless
13        excluded by subsection (a)(3);
14            (D) Arrests or charges not initiated by arrest
15        resulting in convictions, including convictions on
16        municipal ordinance violations, unless excluded by
17        subsection (a)(3);
18            (E) Arrests or charges not initiated by arrest
19        resulting in orders of first offender probation under
20        Section 10 of the Cannabis Control Act, Section 410 of
21        the Illinois Controlled Substances Act, Section 70 of
22        the Methamphetamine Control and Community Protection
23        Act, or Section 5-6-3.3 of the Unified Code of
24        Corrections; and
25            (F) Arrests or charges not initiated by arrest
26        resulting in felony convictions unless otherwise

 

 

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1        excluded by subsection (a) paragraph (3) of this
2        Section.
3        (3) When Records Are Eligible to Be Sealed. Records
4    identified as eligible under subsection (c)(2) may be
5    sealed as follows:
6            (A) Records identified as eligible under
7        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
8        time.
9            (B) Except as otherwise provided in subparagraph
10        (E) of this paragraph (3), records identified as
11        eligible under subsection (c)(2)(C) may be sealed 2
12        years after the termination of petitioner's last
13        sentence (as defined in subsection (a)(1)(F)).
14            (C) Except as otherwise provided in subparagraph
15        (E) of this paragraph (3), records identified as
16        eligible under subsections (c)(2)(D), (c)(2)(E), and
17        (c)(2)(F) may be sealed 3 years after the termination
18        of the petitioner's last sentence (as defined in
19        subsection (a)(1)(F)). Convictions requiring public
20        registration under the Arsonist Registration Act, the
21        Sex Offender Registration Act, or the Murderer and
22        Violent Offender Against Youth Registration Act may
23        not be sealed until the petitioner is no longer
24        required to register under that relevant Act.
25            (D) Records identified in subsection
26        (a)(3)(A)(iii) may be sealed after the petitioner has

 

 

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1        reached the age of 25 years.
2            (E) Records identified as eligible under
3        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
4        (c)(2)(F) may be sealed upon termination of the
5        petitioner's last sentence if the petitioner earned a
6        high school diploma, associate's degree, career
7        certificate, vocational technical certification, or
8        bachelor's degree, or passed the high school level Test
9        of General Educational Development, during the period
10        of his or her sentence, aftercare release, or mandatory
11        supervised release. This subparagraph shall apply only
12        to a petitioner who has not completed the same
13        educational goal prior to the period of his or her
14        sentence, aftercare release, or mandatory supervised
15        release. If a petition for sealing eligible records
16        filed under this subparagraph is denied by the court,
17        the time periods under subparagraph (B) or (C) shall
18        apply to any subsequent petition for sealing filed by
19        the petitioner.
20        (4) Subsequent felony convictions. A person may not
21    have subsequent felony conviction records sealed as
22    provided in this subsection (c) if he or she is convicted
23    of any felony offense after the date of the sealing of
24    prior felony convictions as provided in this subsection
25    (c). The court may, upon conviction for a subsequent felony
26    offense, order the unsealing of prior felony conviction

 

 

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1    records previously ordered sealed by the court.
2        (5) Notice of eligibility for sealing. Upon entry of a
3    disposition for an eligible record under this subsection
4    (c), the petitioner shall be informed by the court of the
5    right to have the records sealed and the procedures for the
6    sealing of the records.
7    (d) Procedure. The following procedures apply to
8expungement under subsections (b), (e), and (e-6) and sealing
9under subsections (c) and (e-5):
10        (1) Filing the petition. Upon becoming eligible to
11    petition for the expungement or sealing of records under
12    this Section, the petitioner shall file a petition
13    requesting the expungement or sealing of records with the
14    clerk of the court where the arrests occurred or the
15    charges were brought, or both. If arrests occurred or
16    charges were brought in multiple jurisdictions, a petition
17    must be filed in each such jurisdiction. The petitioner
18    shall pay the applicable fee, except no fee shall be
19    required if the petitioner has obtained a court order
20    waiving fees under Supreme Court Rule 298 or it is
21    otherwise waived.
22        (1.5) County fee waiver pilot program. In a county of
23    3,000,000 or more inhabitants, no fee shall be required to
24    be paid by a petitioner if the records sought to be
25    expunged or sealed were arrests resulting in release
26    without charging or arrests or charges not initiated by

 

 

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1    arrest resulting in acquittal, dismissal, or conviction
2    when the conviction was reversed or vacated, unless
3    excluded by subsection (a)(3)(B). The provisions of this
4    paragraph (1.5), other than this sentence, are inoperative
5    on and after January 1, 2019 or one year after January 1,
6    2017 (the effective date of Public Act 99-881), whichever
7    is later.
8        (2) Contents of petition. The petition shall be
9    verified and shall contain the petitioner's name, date of
10    birth, current address and, for each arrest or charge not
11    initiated by arrest sought to be sealed or expunged, the
12    case number, the date of arrest (if any), the identity of
13    the arresting authority, and such other information as the
14    court may require. During the pendency of the proceeding,
15    the petitioner shall promptly notify the circuit court
16    clerk of any change of his or her address. If the
17    petitioner has received a certificate of eligibility for
18    sealing from the Prisoner Review Board under paragraph (10)
19    of subsection (a) of Section 3-3-2 of the Unified Code of
20    Corrections, the certificate shall be attached to the
21    petition.
22        (3) Drug test. The petitioner must attach to the
23    petition proof that the petitioner has passed a test taken
24    within 30 days before the filing of the petition showing
25    the absence within his or her body of all illegal
26    substances as defined by the Illinois Controlled

 

 

10000HB5341ham004- 20 -LRB100 19571 SLF 39928 a

1    Substances Act, the Methamphetamine Control and Community
2    Protection Act, and the Cannabis Control Act if he or she
3    is petitioning to:
4            (A) seal felony records under clause (c)(2)(E);
5            (B) seal felony records for a violation of the
6        Illinois Controlled Substances Act, the
7        Methamphetamine Control and Community Protection Act,
8        or the Cannabis Control Act under clause (c)(2)(F);
9            (C) seal felony records under subsection (e-5); or
10            (D) expunge felony records of a qualified
11        probation under clause (b)(1)(iv).
12        (4) Service of petition. The circuit court clerk shall
13    promptly serve a copy of the petition and documentation to
14    support the petition under subsection (e-5) or (e-6) on the
15    State's Attorney or prosecutor charged with the duty of
16    prosecuting the offense, the Department of State Police,
17    the arresting agency and the chief legal officer of the
18    unit of local government effecting the arrest.
19        (5) Objections.
20            (A) Any party entitled to notice of the petition
21        may file an objection to the petition. All objections
22        shall be in writing, shall be filed with the circuit
23        court clerk, and shall state with specificity the basis
24        of the objection. Whenever a person who has been
25        convicted of an offense is granted a pardon by the
26        Governor which specifically authorizes expungement, an

 

 

10000HB5341ham004- 21 -LRB100 19571 SLF 39928 a

1        objection to the petition may not be filed.
2            (B) Objections to a petition to expunge or seal
3        must be filed within 60 days of the date of service of
4        the petition.
5        (6) Entry of order.
6            (A) The Chief Judge of the circuit wherein the
7        charge was brought, any judge of that circuit
8        designated by the Chief Judge, or in counties of less
9        than 3,000,000 inhabitants, the presiding trial judge
10        at the petitioner's trial, if any, shall rule on the
11        petition to expunge or seal as set forth in this
12        subsection (d)(6).
13            (B) Unless the State's Attorney or prosecutor, the
14        Department of State Police, the arresting agency, or
15        the chief legal officer files an objection to the
16        petition to expunge or seal within 60 days from the
17        date of service of the petition, the court shall enter
18        an order granting or denying the petition.
19            (C) Notwithstanding any other provision of law,
20        the court shall not deny a petition for sealing under
21        this Section because the petitioner has not satisfied
22        an outstanding legal financial obligation established,
23        imposed, or originated by a court, law enforcement
24        agency, or a municipal, State, county, or other unit of
25        local government, including, but not limited to, any
26        cost, assessment, fine, or fee. An outstanding legal

 

 

10000HB5341ham004- 22 -LRB100 19571 SLF 39928 a

1        financial obligation does not include any court
2        ordered restitution to a victim under Section 5-5-6 of
3        the Unified Code of Corrections, unless the
4        restitution has been converted to a civil judgment.
5        Nothing in this subparagraph (C) waives, rescinds, or
6        abrogates a legal financial obligation or otherwise
7        eliminates or affects the right of the holder of any
8        financial obligation to pursue collection under
9        applicable federal, State, or local law.
10        (7) Hearings. If an objection is filed, the court shall
11    set a date for a hearing and notify the petitioner and all
12    parties entitled to notice of the petition of the hearing
13    date at least 30 days prior to the hearing. Prior to the
14    hearing, the State's Attorney shall consult with the
15    Department as to the appropriateness of the relief sought
16    in the petition to expunge or seal. At the hearing, the
17    court shall hear evidence on whether the petition should or
18    should not be granted, and shall grant or deny the petition
19    to expunge or seal the records based on the evidence
20    presented at the hearing. The court may consider the
21    following:
22            (A) the strength of the evidence supporting the
23        defendant's conviction;
24            (B) the reasons for retention of the conviction
25        records by the State;
26            (C) the petitioner's age, criminal record history,

 

 

10000HB5341ham004- 23 -LRB100 19571 SLF 39928 a

1        and employment history;
2            (D) the period of time between the petitioner's
3        arrest on the charge resulting in the conviction and
4        the filing of the petition under this Section; and
5            (E) the specific adverse consequences the
6        petitioner may be subject to if the petition is denied.
7        (8) Service of order. After entering an order to
8    expunge or seal records, the court must provide copies of
9    the order to the Department, in a form and manner
10    prescribed by the Department, to the petitioner, to the
11    State's Attorney or prosecutor charged with the duty of
12    prosecuting the offense, to the arresting agency, to the
13    chief legal officer of the unit of local government
14    effecting the arrest, and to such other criminal justice
15    agencies as may be ordered by the court.
16        (9) Implementation of order.
17            (A) Upon entry of an order to expunge records
18        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
19                (i) the records shall be expunged (as defined
20            in subsection (a)(1)(E)) by the arresting agency,
21            the Department, and any other agency as ordered by
22            the court, within 60 days of the date of service of
23            the order, unless a motion to vacate, modify, or
24            reconsider the order is filed pursuant to
25            paragraph (12) of subsection (d) of this Section;
26                (ii) the records of the circuit court clerk

 

 

10000HB5341ham004- 24 -LRB100 19571 SLF 39928 a

1            shall be impounded until further order of the court
2            upon good cause shown and the name of the
3            petitioner obliterated on the official index
4            required to be kept by the circuit court clerk
5            under Section 16 of the Clerks of Courts Act, but
6            the order shall not affect any index issued by the
7            circuit court clerk before the entry of the order;
8            and
9                (iii) in response to an inquiry for expunged
10            records, the court, the Department, or the agency
11            receiving such inquiry, shall reply as it does in
12            response to inquiries when no records ever
13            existed.
14            (B) Upon entry of an order to expunge records
15        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
16                (i) the records shall be expunged (as defined
17            in subsection (a)(1)(E)) by the arresting agency
18            and any other agency as ordered by the court,
19            within 60 days of the date of service of the order,
20            unless a motion to vacate, modify, or reconsider
21            the order is filed pursuant to paragraph (12) of
22            subsection (d) of this Section;
23                (ii) the records of the circuit court clerk
24            shall be impounded until further order of the court
25            upon good cause shown and the name of the
26            petitioner obliterated on the official index

 

 

10000HB5341ham004- 25 -LRB100 19571 SLF 39928 a

1            required to be kept by the circuit court clerk
2            under Section 16 of the Clerks of Courts Act, but
3            the order shall not affect any index issued by the
4            circuit court clerk before the entry of the order;
5                (iii) the records shall be impounded by the
6            Department within 60 days of the date of service of
7            the order as ordered by the court, unless a motion
8            to vacate, modify, or reconsider the order is filed
9            pursuant to paragraph (12) of subsection (d) of
10            this Section;
11                (iv) records impounded by the Department may
12            be disseminated by the Department only as required
13            by law or to the arresting authority, the State's
14            Attorney, and the court upon a later arrest for the
15            same or a similar offense or for the purpose of
16            sentencing for any subsequent felony, and to the
17            Department of Corrections upon conviction for any
18            offense; and
19                (v) in response to an inquiry for such records
20            from anyone not authorized by law to access such
21            records, the court, the Department, or the agency
22            receiving such inquiry shall reply as it does in
23            response to inquiries when no records ever
24            existed.
25            (B-5) Upon entry of an order to expunge records
26        under subsection (e-6):

 

 

10000HB5341ham004- 26 -LRB100 19571 SLF 39928 a

1                (i) the records shall be expunged (as defined
2            in subsection (a)(1)(E)) by the arresting agency
3            and any other agency as ordered by the court,
4            within 60 days of the date of service of the order,
5            unless a motion to vacate, modify, or reconsider
6            the order is filed under paragraph (12) of
7            subsection (d) of this Section;
8                (ii) the records of the circuit court clerk
9            shall be impounded until further order of the court
10            upon good cause shown and the name of the
11            petitioner obliterated on the official index
12            required to be kept by the circuit court clerk
13            under Section 16 of the Clerks of Courts Act, but
14            the order shall not affect any index issued by the
15            circuit court clerk before the entry of the order;
16                (iii) the records shall be impounded by the
17            Department within 60 days of the date of service of
18            the order as ordered by the court, unless a motion
19            to vacate, modify, or reconsider the order is filed
20            under paragraph (12) of subsection (d) of this
21            Section;
22                (iv) records impounded by the Department may
23            be disseminated by the Department only as required
24            by law or to the arresting authority, the State's
25            Attorney, and the court upon a later arrest for the
26            same or a similar offense or for the purpose of

 

 

10000HB5341ham004- 27 -LRB100 19571 SLF 39928 a

1            sentencing for any subsequent felony, and to the
2            Department of Corrections upon conviction for any
3            offense; and
4                (v) in response to an inquiry for these records
5            from anyone not authorized by law to access the
6            records, the court, the Department, or the agency
7            receiving the inquiry shall reply as it does in
8            response to inquiries when no records ever
9            existed.
10            (C) Upon entry of an order to seal records under
11        subsection (c), the arresting agency, any other agency
12        as ordered by the court, the Department, and the court
13        shall seal the records (as defined in subsection
14        (a)(1)(K)). In response to an inquiry for such records,
15        from anyone not authorized by law to access such
16        records, the court, the Department, or the agency
17        receiving such inquiry shall reply as it does in
18        response to inquiries when no records ever existed.
19            (D) The Department shall send written notice to the
20        petitioner of its compliance with each order to expunge
21        or seal records within 60 days of the date of service
22        of that order or, if a motion to vacate, modify, or
23        reconsider is filed, within 60 days of service of the
24        order resolving the motion, if that order requires the
25        Department to expunge or seal records. In the event of
26        an appeal from the circuit court order, the Department

 

 

10000HB5341ham004- 28 -LRB100 19571 SLF 39928 a

1        shall send written notice to the petitioner of its
2        compliance with an Appellate Court or Supreme Court
3        judgment to expunge or seal records within 60 days of
4        the issuance of the court's mandate. The notice is not
5        required while any motion to vacate, modify, or
6        reconsider, or any appeal or petition for
7        discretionary appellate review, is pending.
8            (E) Upon motion, the court may order that a sealed
9        judgment or other court record necessary to
10        demonstrate the amount of any legal financial
11        obligation due and owing be made available for the
12        limited purpose of collecting any legal financial
13        obligations owed by the petitioner that were
14        established, imposed, or originated in the criminal
15        proceeding for which those records have been sealed.
16        The records made available under this subparagraph (E)
17        shall not be entered into the official index required
18        to be kept by the circuit court clerk under Section 16
19        of the Clerks of Courts Act and shall be immediately
20        re-impounded upon the collection of the outstanding
21        financial obligations.
22            (F) Notwithstanding any other provision of this
23        Section, a circuit court clerk may access a sealed
24        record for the limited purpose of collecting payment
25        for any legal financial obligations that were
26        established, imposed, or originated in the criminal

 

 

10000HB5341ham004- 29 -LRB100 19571 SLF 39928 a

1        proceedings for which those records have been sealed.
2        (10) Fees. The Department may charge the petitioner a
3    fee equivalent to the cost of processing any order to
4    expunge or seal records. Notwithstanding any provision of
5    the Clerks of Courts Act to the contrary, the circuit court
6    clerk may charge a fee equivalent to the cost associated
7    with the sealing or expungement of records by the circuit
8    court clerk. From the total filing fee collected for the
9    petition to seal or expunge, the circuit court clerk shall
10    deposit $10 into the Circuit Court Clerk Operation and
11    Administrative Fund, to be used to offset the costs
12    incurred by the circuit court clerk in performing the
13    additional duties required to serve the petition to seal or
14    expunge on all parties. The circuit court clerk shall
15    collect and forward the Department of State Police portion
16    of the fee to the Department and it shall be deposited in
17    the State Police Services Fund. If the record brought under
18    an expungement petition was previously sealed under this
19    Section, the fee for the expungement petition for that same
20    record shall be waived.
21        (11) Final Order. No court order issued under the
22    expungement or sealing provisions of this Section shall
23    become final for purposes of appeal until 30 days after
24    service of the order on the petitioner and all parties
25    entitled to notice of the petition.
26        (12) Motion to Vacate, Modify, or Reconsider. Under

 

 

10000HB5341ham004- 30 -LRB100 19571 SLF 39928 a

1    Section 2-1203 of the Code of Civil Procedure, the
2    petitioner or any party entitled to notice may file a
3    motion to vacate, modify, or reconsider the order granting
4    or denying the petition to expunge or seal within 60 days
5    of service of the order. If filed more than 60 days after
6    service of the order, a petition to vacate, modify, or
7    reconsider shall comply with subsection (c) of Section
8    2-1401 of the Code of Civil Procedure. Upon filing of a
9    motion to vacate, modify, or reconsider, notice of the
10    motion shall be served upon the petitioner and all parties
11    entitled to notice of the petition.
12        (13) Effect of Order. An order granting a petition
13    under the expungement or sealing provisions of this Section
14    shall not be considered void because it fails to comply
15    with the provisions of this Section or because of any error
16    asserted in a motion to vacate, modify, or reconsider. The
17    circuit court retains jurisdiction to determine whether
18    the order is voidable and to vacate, modify, or reconsider
19    its terms based on a motion filed under paragraph (12) of
20    this subsection (d).
21        (14) Compliance with Order Granting Petition to Seal
22    Records. Unless a court has entered a stay of an order
23    granting a petition to seal, all parties entitled to notice
24    of the petition must fully comply with the terms of the
25    order within 60 days of service of the order even if a
26    party is seeking relief from the order through a motion

 

 

10000HB5341ham004- 31 -LRB100 19571 SLF 39928 a

1    filed under paragraph (12) of this subsection (d) or is
2    appealing the order.
3        (15) Compliance with Order Granting Petition to
4    Expunge Records. While a party is seeking relief from the
5    order granting the petition to expunge through a motion
6    filed under paragraph (12) of this subsection (d) or is
7    appealing the order, and unless a court has entered a stay
8    of that order, the parties entitled to notice of the
9    petition must seal, but need not expunge, the records until
10    there is a final order on the motion for relief or, in the
11    case of an appeal, the issuance of that court's mandate.
12        (16) The changes to this subsection (d) made by Public
13    Act 98-163 apply to all petitions pending on August 5, 2013
14    (the effective date of Public Act 98-163) and to all orders
15    ruling on a petition to expunge or seal on or after August
16    5, 2013 (the effective date of Public Act 98-163).
17    (e) Whenever a person who has been convicted of an offense
18is granted a pardon by the Governor which specifically
19authorizes expungement, he or she may, upon verified petition
20to the Chief Judge of the circuit where the person had been
21convicted, any judge of the circuit designated by the Chief
22Judge, or in counties of less than 3,000,000 inhabitants, the
23presiding trial judge at the defendant's trial, have a court
24order entered expunging the record of arrest from the official
25records of the arresting authority and order that the records
26of the circuit court clerk and the Department be sealed until

 

 

10000HB5341ham004- 32 -LRB100 19571 SLF 39928 a

1further order of the court upon good cause shown or as
2otherwise provided herein, and the name of the defendant
3obliterated from the official index requested to be kept by the
4circuit court clerk under Section 16 of the Clerks of Courts
5Act in connection with the arrest and conviction for the
6offense for which he or she had been pardoned but the order
7shall not affect any index issued by the circuit court clerk
8before the entry of the order. All records sealed by the
9Department may be disseminated by the Department only to the
10arresting authority, the State's Attorney, and the court upon a
11later arrest for the same or similar offense or for the purpose
12of sentencing for any subsequent felony. Upon conviction for
13any subsequent offense, the Department of Corrections shall
14have access to all sealed records of the Department pertaining
15to that individual. Upon entry of the order of expungement, the
16circuit court clerk shall promptly mail a copy of the order to
17the person who was pardoned.
18    (e-5) Whenever a person who has been convicted of an
19offense is granted a certificate of eligibility for sealing by
20the Prisoner Review Board which specifically authorizes
21sealing, he or she may, upon verified petition to the Chief
22Judge of the circuit where the person had been convicted, any
23judge of the circuit designated by the Chief Judge, or in
24counties of less than 3,000,000 inhabitants, the presiding
25trial judge at the petitioner's trial, have a court order
26entered sealing the record of arrest from the official records

 

 

10000HB5341ham004- 33 -LRB100 19571 SLF 39928 a

1of the arresting authority and order that the records of the
2circuit court clerk and the Department be sealed until further
3order of the court upon good cause shown or as otherwise
4provided herein, and the name of the petitioner obliterated
5from the official index requested to be kept by the circuit
6court clerk under Section 16 of the Clerks of Courts Act in
7connection with the arrest and conviction for the offense for
8which he or she had been granted the certificate but the order
9shall not affect any index issued by the circuit court clerk
10before the entry of the order. All records sealed by the
11Department may be disseminated by the Department only as
12required by this Act or to the arresting authority, a law
13enforcement agency, the State's Attorney, and the court upon a
14later arrest for the same or similar offense or for the purpose
15of sentencing for any subsequent felony. Upon conviction for
16any subsequent offense, the Department of Corrections shall
17have access to all sealed records of the Department pertaining
18to that individual. Upon entry of the order of sealing, the
19circuit court clerk shall promptly mail a copy of the order to
20the person who was granted the certificate of eligibility for
21sealing.
22    (e-6) Whenever a person who has been convicted of an
23offense is granted a certificate of eligibility for expungement
24by the Prisoner Review Board which specifically authorizes
25expungement, he or she may, upon verified petition to the Chief
26Judge of the circuit where the person had been convicted, any

 

 

10000HB5341ham004- 34 -LRB100 19571 SLF 39928 a

1judge of the circuit designated by the Chief Judge, or in
2counties of less than 3,000,000 inhabitants, the presiding
3trial judge at the petitioner's trial, have a court order
4entered expunging the record of arrest from the official
5records of the arresting authority and order that the records
6of the circuit court clerk and the Department be sealed until
7further order of the court upon good cause shown or as
8otherwise provided herein, and the name of the petitioner
9obliterated from the official index requested to be kept by the
10circuit court clerk under Section 16 of the Clerks of Courts
11Act in connection with the arrest and conviction for the
12offense for which he or she had been granted the certificate
13but the order shall not affect any index issued by the circuit
14court clerk before the entry of the order. All records sealed
15by the Department may be disseminated by the Department only as
16required by this Act or to the arresting authority, a law
17enforcement agency, the State's Attorney, and the court upon a
18later arrest for the same or similar offense or for the purpose
19of sentencing for any subsequent felony. Upon conviction for
20any subsequent offense, the Department of Corrections shall
21have access to all expunged records of the Department
22pertaining to that individual. Upon entry of the order of
23expungement, the circuit court clerk shall promptly mail a copy
24of the order to the person who was granted the certificate of
25eligibility for expungement.
26    (f) Subject to available funding, the Illinois Department

 

 

10000HB5341ham004- 35 -LRB100 19571 SLF 39928 a

1of Corrections shall conduct a study of the impact of sealing,
2especially on employment and recidivism rates, utilizing a
3random sample of those who apply for the sealing of their
4criminal records under Public Act 93-211. At the request of the
5Illinois Department of Corrections, records of the Illinois
6Department of Employment Security shall be utilized as
7appropriate to assist in the study. The study shall not
8disclose any data in a manner that would allow the
9identification of any particular individual or employing unit.
10The study shall be made available to the General Assembly no
11later than September 1, 2010.
12    (g) Immediate Sealing.
13        (1) Applicability. Notwithstanding any other provision
14    of this Act to the contrary, and cumulative with any rights
15    to expungement or sealing of criminal records, this
16    subsection authorizes the immediate sealing of criminal
17    records of adults and of minors prosecuted as adults.
18        (2) Eligible Records. Arrests or charges not initiated
19    by arrest resulting in acquittal or dismissal with
20    prejudice, except as excluded by subsection (a)(3)(B),
21    that occur on or after January 1, 2018 (the effective date
22    of Public Act 100-282) this amendatory Act of the 100th
23    General Assembly, may be sealed immediately if the petition
24    is filed with the circuit court clerk on the same day and
25    during the same hearing in which the case is disposed.
26        (3) When Records are Eligible to be Immediately Sealed.

 

 

10000HB5341ham004- 36 -LRB100 19571 SLF 39928 a

1    Eligible records under paragraph (2) of this subsection (g)
2    may be sealed immediately after entry of the final
3    disposition of a case, notwithstanding the disposition of
4    other charges in the same case.
5        (4) Notice of Eligibility for Immediate Sealing. Upon
6    entry of a disposition for an eligible record under this
7    subsection (g), the defendant shall be informed by the
8    court of his or her right to have eligible records
9    immediately sealed and the procedure for the immediate
10    sealing of these records.
11        (5) Procedure. The following procedures apply to
12    immediate sealing under this subsection (g).
13            (A) Filing the Petition. Upon entry of the final
14        disposition of the case, the defendant's attorney may
15        immediately petition the court, on behalf of the
16        defendant, for immediate sealing of eligible records
17        under paragraph (2) of this subsection (g) that are
18        entered on or after January 1, 2018 (the effective date
19        of Public Act 100-282) this amendatory Act of the 100th
20        General Assembly. The immediate sealing petition may
21        be filed with the circuit court clerk during the
22        hearing in which the final disposition of the case is
23        entered. If the defendant's attorney does not file the
24        petition for immediate sealing during the hearing, the
25        defendant may file a petition for sealing at any time
26        as authorized under subsection (c)(3)(A).

 

 

10000HB5341ham004- 37 -LRB100 19571 SLF 39928 a

1            (B) Contents of Petition. The immediate sealing
2        petition shall be verified and shall contain the
3        petitioner's name, date of birth, current address, and
4        for each eligible record, the case number, the date of
5        arrest if applicable, the identity of the arresting
6        authority if applicable, and other information as the
7        court may require.
8            (C) Drug Test. The petitioner shall not be required
9        to attach proof that he or she has passed a drug test.
10            (D) Service of Petition. A copy of the petition
11        shall be served on the State's Attorney in open court.
12        The petitioner shall not be required to serve a copy of
13        the petition on any other agency.
14            (E) Entry of Order. The presiding trial judge shall
15        enter an order granting or denying the petition for
16        immediate sealing during the hearing in which it is
17        filed. Petitions for immediate sealing shall be ruled
18        on in the same hearing in which the final disposition
19        of the case is entered.
20            (F) Hearings. The court shall hear the petition for
21        immediate sealing on the same day and during the same
22        hearing in which the disposition is rendered.
23            (G) Service of Order. An order to immediately seal
24        eligible records shall be served in conformance with
25        subsection (d)(8).
26            (H) Implementation of Order. An order to

 

 

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1        immediately seal records shall be implemented in
2        conformance with subsections (d)(9)(C) and (d)(9)(D).
3            (I) Fees. The fee imposed by the circuit court
4        clerk and the Department of State Police shall comply
5        with paragraph (1) of subsection (d) of this Section.
6            (J) Final Order. No court order issued under this
7        subsection (g) shall become final for purposes of
8        appeal until 30 days after service of the order on the
9        petitioner and all parties entitled to service of the
10        order in conformance with subsection (d)(8).
11            (K) Motion to Vacate, Modify, or Reconsider. Under
12        Section 2-1203 of the Code of Civil Procedure, the
13        petitioner, State's Attorney, or the Department of
14        State Police may file a motion to vacate, modify, or
15        reconsider the order denying the petition to
16        immediately seal within 60 days of service of the
17        order. If filed more than 60 days after service of the
18        order, a petition to vacate, modify, or reconsider
19        shall comply with subsection (c) of Section 2-1401 of
20        the Code of Civil Procedure.
21            (L) Effect of Order. An order granting an immediate
22        sealing petition shall not be considered void because
23        it fails to comply with the provisions of this Section
24        or because of an error asserted in a motion to vacate,
25        modify, or reconsider. The circuit court retains
26        jurisdiction to determine whether the order is

 

 

10000HB5341ham004- 39 -LRB100 19571 SLF 39928 a

1        voidable, and to vacate, modify, or reconsider its
2        terms based on a motion filed under subparagraph (L) of
3        this subsection (g).
4            (M) Compliance with Order Granting Petition to
5        Seal Records. Unless a court has entered a stay of an
6        order granting a petition to immediately seal, all
7        parties entitled to service of the order must fully
8        comply with the terms of the order within 60 days of
9        service of the order.
10(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
11eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
1299-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
131-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised
1410-13-17.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".