Rep. Carol Ammons

Filed: 3/5/2020

 

 


 

 


 
10100HB2291ham002LRB101 09407 RLC 71257 a

1
AMENDMENT TO HOUSE BILL 2291

2    AMENDMENT NO. ______. Amend House Bill 2291, 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            (G-5) "Minor Cannabis Offense" means a violation
17        of Section 4 or 5 of the Cannabis Control Act
18        concerning not more than 30 grams of any substance
19        containing cannabis, provided the violation did not
20        include a penalty enhancement under Section 7 of the
21        Cannabis Control Act and is not associated with an
22        arrest, conviction or other disposition for a violent
23        crime as defined in subsection (c) of Section 3 of the
24        Rights of Crime Victims and Witnesses Act.
25            (H) "Municipal ordinance violation" means an
26        offense defined by a municipal or local ordinance that

 

 

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1        is criminal in nature and with which the petitioner was
2        charged or for which the petitioner was arrested and
3        released without charging.
4            (I) "Petitioner" means an adult or a minor
5        prosecuted as an adult who has applied for relief under
6        this Section.
7            (J) "Qualified probation" means an order of
8        probation under Section 10 of the Cannabis Control Act,
9        Section 410 of the Illinois Controlled Substances Act,
10        Section 70 of the Methamphetamine Control and
11        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
12        of the Unified Code of Corrections, Section
13        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
14        those provisions existed before their deletion by
15        Public Act 89-313), Section 10-102 of the Illinois
16        Alcoholism and Other Drug Dependency Act, Section
17        40-10 of the Substance Use Disorder Act, or Section 10
18        of the Steroid Control Act. For the purpose of this
19        Section, "successful completion" of an order of
20        qualified probation under Section 10-102 of the
21        Illinois Alcoholism and Other Drug Dependency Act and
22        Section 40-10 of the Substance Use Disorder Act means
23        that the probation was terminated satisfactorily and
24        the judgment of conviction was vacated.
25            (K) "Seal" means to physically and electronically
26        maintain the records, unless the records would

 

 

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1        otherwise be destroyed due to age, but to make the
2        records unavailable without a court order, subject to
3        the exceptions in Sections 12 and 13 of this Act. The
4        petitioner's name shall also be obliterated from the
5        official index required to be kept by the circuit court
6        clerk under Section 16 of the Clerks of Courts Act, but
7        any index issued by the circuit court clerk before the
8        entry of the order to seal shall not be affected.
9            (L) "Sexual offense committed against a minor"
10        includes, but is not limited to, the offenses of
11        indecent solicitation of a child or criminal sexual
12        abuse when the victim of such offense is under 18 years
13        of age.
14            (M) "Terminate" as it relates to a sentence or
15        order of supervision or qualified probation includes
16        either satisfactory or unsatisfactory termination of
17        the sentence, unless otherwise specified in this
18        Section. A sentence is terminated notwithstanding any
19        outstanding financial legal obligation.
20        (2) Minor Traffic Offenses. Orders of supervision or
21    convictions for minor traffic offenses shall not affect a
22    petitioner's eligibility to expunge or seal records
23    pursuant to this Section.
24        (2.5) Commencing 180 days after July 29, 2016 (the
25    effective date of Public Act 99-697), the law enforcement
26    agency issuing the citation shall automatically expunge,

 

 

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1    on or before January 1 and July 1 of each year, the law
2    enforcement records of a person found to have committed a
3    civil law violation of subsection (a) of Section 4 of the
4    Cannabis Control Act or subsection (c) of Section 3.5 of
5    the Drug Paraphernalia Control Act in the law enforcement
6    agency's possession or control and which contains the final
7    satisfactory disposition which pertain to the person
8    issued a citation for that offense. The law enforcement
9    agency shall provide by rule the process for access,
10    review, and to confirm the automatic expungement by the law
11    enforcement agency issuing the citation. Commencing 180
12    days after July 29, 2016 (the effective date of Public Act
13    99-697), the clerk of the circuit court shall expunge, upon
14    order of the court, or in the absence of a court order on
15    or before January 1 and July 1 of each year, the court
16    records of a person found in the circuit court to have
17    committed a civil law violation of subsection (a) of
18    Section 4 of the Cannabis Control Act or subsection (c) of
19    Section 3.5 of the Drug Paraphernalia Control Act in the
20    clerk's possession or control and which contains the final
21    satisfactory disposition which pertain to the person
22    issued a citation for any of those offenses.
23        (3) Exclusions. Except as otherwise provided in
24    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
25    of this Section, the court shall not order:
26            (A) the sealing or expungement of the records of

 

 

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

 

 

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1            Section 11-30 of the Criminal Code of 1961 or the
2            Criminal Code of 2012, or a similar provision of a
3            local ordinance;
4                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
5            26-5, or 48-1 of the Criminal Code of 1961 or the
6            Criminal Code of 2012, or a similar provision of a
7            local ordinance;
8                (iii) Sections 12-3.1 or 12-3.2 of the
9            Criminal Code of 1961 or the Criminal Code of 2012,
10            or Section 125 of the Stalking No Contact Order
11            Act, or Section 219 of the Civil No Contact Order
12            Act, or a similar provision of a local ordinance;
13                (iv) Class A misdemeanors or felony offenses
14            under the Humane Care for Animals Act; or
15                (v) any offense or attempted offense that
16            would subject a person to registration under the
17            Sex Offender Registration Act.
18            (D) (blank).
19    (b) Expungement.
20        (1) A petitioner may petition the circuit court to
21    expunge the records of his or her arrests and charges not
22    initiated by arrest when each arrest or charge not
23    initiated by arrest sought to be expunged resulted in: (i)
24    acquittal, dismissal, or the petitioner's release without
25    charging, unless excluded by subsection (a)(3)(B); (ii) a
26    conviction which was vacated or reversed, unless excluded

 

 

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1    by subsection (a)(3)(B); (iii) an order of supervision and
2    such supervision was successfully completed by the
3    petitioner, unless excluded by subsection (a)(3)(A) or
4    (a)(3)(B); or (iv) an order of qualified probation (as
5    defined in subsection (a)(1)(J)) and such probation was
6    successfully completed by the petitioner; (v) an order of
7    misdemeanor diversion under Section 5-6-3.7 of the Unified
8    Code of Corrections, and the diversion program was
9    successfully completed by the petitioner; (vi) a
10    conviction pursuant to subsection (a-5) of Section 402 of
11    the Illinois Controlled Substances Act; (vii) a conviction
12    pursuant to paragraph (1) of subsection (b) of Section 60
13    of the Methamphetamine Control and Community Protection
14    Act; or (viii) a conviction where the statutory penalty
15    changed as a result of a resentencing hearing pursuant to
16    Section 116-2.2 of the Code of Criminal Procedure of 1963.
17        (1.5) When a petitioner seeks to have a record of
18    arrest expunged under this Section, and the offender has
19    been convicted of a criminal offense, the State's Attorney
20    may object to the expungement on the grounds that the
21    records contain specific relevant information aside from
22    the mere fact of the arrest.
23        (2) Time frame for filing a petition to expunge.
24            (A) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an acquittal,
26        dismissal, the petitioner's release without charging,

 

 

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1        or the reversal or vacation of a conviction, there is
2        no waiting period to petition for the expungement of
3        such records.
4            (B) When the arrest or charge not initiated by
5        arrest sought to be expunged resulted in an order of
6        supervision, successfully completed by the petitioner,
7        the following time frames will apply:
8                (i) Those arrests or charges that resulted in
9            orders of supervision under Section 3-707, 3-708,
10            3-710, or 5-401.3 of the Illinois Vehicle Code or a
11            similar provision of a local ordinance, or under
12            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
13            Code of 1961 or the Criminal Code of 2012, or a
14            similar provision of a local ordinance, shall not
15            be eligible for expungement until 5 years have
16            passed following the satisfactory termination of
17            the supervision.
18                (i-5) Those arrests or charges that resulted
19            in orders of supervision for a misdemeanor
20            violation of subsection (a) of Section 11-503 of
21            the Illinois Vehicle Code or a similar provision of
22            a local ordinance, that occurred prior to the
23            offender reaching the age of 25 years and the
24            offender has no other conviction for violating
25            Section 11-501 or 11-503 of the Illinois Vehicle
26            Code or a similar provision of a local ordinance

 

 

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1            shall not be eligible for expungement until the
2            petitioner has reached the age of 25 years.
3                (ii) Those arrests or charges that resulted in
4            orders of supervision for any other offenses shall
5            not be eligible for expungement until 2 years have
6            passed following the satisfactory termination of
7            the supervision.
8            (C) When the arrest or charge not initiated by
9        arrest sought to be expunged resulted in an order of
10        qualified probation, successfully completed by the
11        petitioner, such records shall not be eligible for
12        expungement until 5 years have passed following the
13        satisfactory termination of the probation.
14            (D) When the arrest or charge not initiated by
15        arrest sought to be expunged, pursuant to subparagraph
16        (viii) of paragraph (1) of this subsection (b) resulted
17        in a sentence of probation, successfully completed by
18        the petitioner, or incarceration in an Illinois county
19        jail or in the Illinois Department of Corrections, such
20        records shall not be eligible for expungement until 5
21        years have passed following the satisfactory
22        termination of probation.
23            (E) When the arrest or charge not initiated by
24        arrest sought to be expunged pursuant to subparagraph
25        (vi) or (vii) of paragraph (1) of this subsection (b)
26        resulted in a sentence of incarceration in an Illinois

 

 

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1        county jail, such records shall not be eligible for
2        expungement until 5 years have passed following the
3        completion of the sentence.
4        (3) Those records maintained by the Department for
5    persons arrested prior to their 17th birthday shall be
6    expunged as provided in Section 5-915 of the Juvenile Court
7    Act of 1987.
8        (4) Whenever a person has been arrested for or
9    convicted of any offense, in the name of a person whose
10    identity he or she has stolen or otherwise come into
11    possession of, the aggrieved person from whom the identity
12    was stolen or otherwise obtained without authorization,
13    upon learning of the person having been arrested using his
14    or her identity, may, upon verified petition to the chief
15    judge of the circuit wherein the arrest was made, have a
16    court order entered nunc pro tunc by the Chief Judge to
17    correct the arrest record, conviction record, if any, and
18    all official records of the arresting authority, the
19    Department, other criminal justice agencies, the
20    prosecutor, and the trial court concerning such arrest, if
21    any, by removing his or her name from all such records in
22    connection with the arrest and conviction, if any, and by
23    inserting in the records the name of the offender, if known
24    or ascertainable, in lieu of the aggrieved's name. The
25    records of the circuit court clerk shall be sealed until
26    further order of the court upon good cause shown and the

 

 

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1    name of the aggrieved person obliterated on the official
2    index required to be kept by the circuit court clerk under
3    Section 16 of the Clerks of Courts Act, but the order shall
4    not affect any index issued by the circuit court clerk
5    before the entry of the order. Nothing in this Section
6    shall limit the Department of State Police or other
7    criminal justice agencies or prosecutors from listing
8    under an offender's name the false names he or she has
9    used.
10        (5) Whenever a person has been convicted of criminal
11    sexual assault, aggravated criminal sexual assault,
12    predatory criminal sexual assault of a child, criminal
13    sexual abuse, or aggravated criminal sexual abuse, the
14    victim of that offense may request that the State's
15    Attorney of the county in which the conviction occurred
16    file a verified petition with the presiding trial judge at
17    the petitioner's trial to have a court order entered to
18    seal the records of the circuit court clerk in connection
19    with the proceedings of the trial court concerning that
20    offense. However, the records of the arresting authority
21    and the Department of State Police concerning the offense
22    shall not be sealed. The court, upon good cause shown,
23    shall make the records of the circuit court clerk in
24    connection with the proceedings of the trial court
25    concerning the offense available for public inspection.
26        (6) If a conviction has been set aside on direct review

 

 

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1    or on collateral attack and the court determines by clear
2    and convincing evidence that the petitioner was factually
3    innocent of the charge, the court that finds the petitioner
4    factually innocent of the charge shall enter an expungement
5    order for the conviction for which the petitioner has been
6    determined to be innocent as provided in subsection (b) of
7    Section 5-5-4 of the Unified Code of Corrections.
8        (7) Nothing in this Section shall prevent the
9    Department of State Police from maintaining all records of
10    any person who is admitted to probation upon terms and
11    conditions and who fulfills those terms and conditions
12    pursuant to Section 10 of the Cannabis Control Act, Section
13    410 of the Illinois Controlled Substances Act, Section 70
14    of the Methamphetamine Control and Community Protection
15    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
16    Corrections, Section 12-4.3 or subdivision (b)(1) of
17    Section 12-3.05 of the Criminal Code of 1961 or the
18    Criminal Code of 2012, Section 10-102 of the Illinois
19    Alcoholism and Other Drug Dependency Act, Section 40-10 of
20    the Substance Use Disorder Act, or Section 10 of the
21    Steroid Control Act.
22        (8) If the petitioner has been granted a certificate of
23    innocence under Section 2-702 of the Code of Civil
24    Procedure, the court that grants the certificate of
25    innocence shall also enter an order expunging the
26    conviction for which the petitioner has been determined to

 

 

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1    be innocent as provided in subsection (h) of Section 2-702
2    of the Code of Civil Procedure.
3    (c) Sealing.
4        (1) Applicability. Notwithstanding any other provision
5    of this Act to the contrary, and cumulative with any rights
6    to expungement of criminal records, this subsection
7    authorizes the sealing of criminal records of adults and of
8    minors prosecuted as adults. Subsection (g) of this Section
9    provides for immediate sealing of certain records.
10        (2) Eligible Records. The following records may be
11    sealed:
12            (A) All arrests resulting in release without
13        charging;
14            (B) Arrests or charges not initiated by arrest
15        resulting in acquittal, dismissal, or conviction when
16        the conviction was reversed or vacated, except as
17        excluded by subsection (a)(3)(B);
18            (C) Arrests or charges not initiated by arrest
19        resulting in orders of supervision, including orders
20        of supervision for municipal ordinance violations,
21        successfully completed by the petitioner, unless
22        excluded by subsection (a)(3);
23            (D) Arrests or charges not initiated by arrest
24        resulting in convictions, including convictions on
25        municipal ordinance violations, unless excluded by
26        subsection (a)(3);

 

 

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1            (E) Arrests or charges not initiated by arrest
2        resulting in orders of first offender probation under
3        Section 10 of the Cannabis Control Act, Section 410 of
4        the Illinois Controlled Substances Act, Section 70 of
5        the Methamphetamine Control and Community Protection
6        Act, or Section 5-6-3.3 of the Unified Code of
7        Corrections; and
8            (F) Arrests or charges not initiated by arrest
9        resulting in felony convictions unless otherwise
10        excluded by subsection (a) paragraph (3) of this
11        Section; .
12            (G) Arrests or charges not initiated by arrest
13        resulting in orders of misdemeanor diversion under
14        Section 5-6-3.7 of the Unified Code of Corrections,
15        successfully completed by the petitioner;
16            (H) Arrests or charges not initiated by arrest
17        resulting in probation, pursuant to subparagraph
18        (viii) of paragraph (1) of subsection (b),
19        successfully completed by the petitioner, or
20        imprisonment in an Illinois County jail or in the
21        Illinois Department of Corrections; and
22            (I) Arrests or charges not initiated by arrest
23        resulting in incarceration in an Illinois county jail,
24        pursuant to subparagraphs (vi) or (vii) of paragraph
25        (1) of subsection (b), unless excluded by paragraph (3)
26        of subsection (a).

 

 

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

 

 

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

 

 

10100HB2291ham002- 20 -LRB101 09407 RLC 71257 a

1    disposition for an eligible record under this subsection
2    (c), the petitioner shall be informed by the court of the
3    right to have the records sealed and the procedures for the
4    sealing of the records.
5    (d) Procedure. The following procedures apply to
6expungement under subsections (b), (e), and (e-6) and sealing
7under subsections (c) and (e-5):
8        (1) Filing the petition. Upon becoming eligible to
9    petition for the expungement or sealing of records under
10    this Section, the petitioner shall file a petition
11    requesting the expungement or sealing of records with the
12    clerk of the court where the arrests occurred or the
13    charges were brought, or both. If arrests occurred or
14    charges were brought in multiple jurisdictions, a petition
15    must be filed in each such jurisdiction. The petitioner
16    shall pay the applicable fee, except no fee shall be
17    required if the petitioner has obtained a court order
18    waiving fees under Supreme Court Rule 298 or it is
19    otherwise waived.
20        (1.5) County fee waiver pilot program. From August 9,
21    2019 (the effective date of Public Act 101-306) through
22    December 31, 2020, in a county of 3,000,000 or more
23    inhabitants, no fee shall be required to be paid by a
24    petitioner if the records sought to be expunged or sealed
25    were arrests resulting in release without charging or
26    arrests or charges not initiated by arrest resulting in

 

 

10100HB2291ham002- 21 -LRB101 09407 RLC 71257 a

1    acquittal, dismissal, or conviction when the conviction
2    was reversed or vacated, unless excluded by subsection
3    (a)(3)(B). The provisions of this paragraph (1.5), other
4    than this sentence, are inoperative on and after January 1,
5    2021.
6        (2) Contents of petition. The petition shall be
7    verified and shall contain the petitioner's name, date of
8    birth, current address and, for each arrest or charge not
9    initiated by arrest sought to be sealed or expunged, the
10    case number, the date of arrest (if any), the identity of
11    the arresting authority, and such other information as the
12    court may require. During the pendency of the proceeding,
13    the petitioner shall promptly notify the circuit court
14    clerk of any change of his or her address. If the
15    petitioner has received a certificate of eligibility for
16    sealing from the Prisoner Review Board under paragraph (10)
17    of subsection (a) of Section 3-3-2 of the Unified Code of
18    Corrections, the certificate shall be attached to the
19    petition.
20        (3) Drug test. The petitioner must attach to the
21    petition proof that the petitioner has passed a test taken
22    within 30 days before the filing of the petition showing
23    the absence within his or her body of all illegal
24    substances as defined by the Illinois Controlled
25    Substances Act, the Methamphetamine Control and Community
26    Protection Act, and the Cannabis Control Act if he or she

 

 

10100HB2291ham002- 22 -LRB101 09407 RLC 71257 a

1    is petitioning to:
2            (A) seal felony records under clause (c)(2)(E);
3            (B) seal felony records for a violation of the
4        Illinois Controlled Substances Act, the
5        Methamphetamine Control and Community Protection Act,
6        or the Cannabis Control Act under clause (c)(2)(F);
7            (C) seal felony records under subsection (e-5); or
8            (D) expunge felony records of a qualified
9        probation under clause (b)(1)(iv).
10        (4) Service of petition. The circuit court clerk shall
11    promptly serve a copy of the petition and documentation to
12    support the petition under subsection (e-5) or (e-6) on the
13    State's Attorney or prosecutor charged with the duty of
14    prosecuting the offense, the Department of State Police,
15    the arresting agency and the chief legal officer of the
16    unit of local government effecting the arrest.
17        (5) Objections.
18            (A) Any party entitled to notice of the petition
19        may file an objection to the petition. All objections
20        shall be in writing, shall be filed with the circuit
21        court clerk, and shall state with specificity the basis
22        of the objection. Whenever a person who has been
23        convicted of an offense is granted a pardon by the
24        Governor which specifically authorizes expungement, an
25        objection to the petition may not be filed.
26            (B) Objections to a petition to expunge or seal

 

 

10100HB2291ham002- 23 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 24 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 25 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 26 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 27 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 28 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 29 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 30 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 31 -LRB101 09407 RLC 71257 a

1    fee equivalent to the cost of processing any order to
2    expunge or seal records. Notwithstanding any provision of
3    the Clerks of Courts Act to the contrary, the circuit court
4    clerk may charge a fee equivalent to the cost associated
5    with the sealing or expungement of records by the circuit
6    court clerk. From the total filing fee collected for the
7    petition to seal or expunge, the circuit court clerk shall
8    deposit $10 into the Circuit Court Clerk Operation and
9    Administrative Fund, to be used to offset the costs
10    incurred by the circuit court clerk in performing the
11    additional duties required to serve the petition to seal or
12    expunge on all parties. The circuit court clerk shall
13    collect and forward the Department of State Police portion
14    of the fee to the Department and it shall be deposited in
15    the State Police Services Fund. If the record brought under
16    an expungement petition was previously sealed under this
17    Section, the fee for the expungement petition for that same
18    record shall be waived.
19        (11) Final Order. No court order issued under the
20    expungement or sealing provisions of this Section shall
21    become final for purposes of appeal until 30 days after
22    service of the order on the petitioner and all parties
23    entitled to notice of the petition.
24        (12) Motion to Vacate, Modify, or Reconsider. Under
25    Section 2-1203 of the Code of Civil Procedure, the
26    petitioner or any party entitled to notice may file a

 

 

10100HB2291ham002- 32 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 33 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 34 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 35 -LRB101 09407 RLC 71257 a

1order of the court upon good cause shown or as otherwise
2provided herein, and the name of the petitioner obliterated
3from the official index requested to be kept by the circuit
4court clerk under Section 16 of the Clerks of Courts Act in
5connection with the arrest and conviction for the offense for
6which he or she had been granted the certificate 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 as
10required by this Act or to the arresting authority, a law
11enforcement agency, the State's Attorney, and the court upon a
12later arrest for the same or similar offense or for the purpose
13of sentencing for any subsequent felony. Upon conviction for
14any subsequent offense, the Department of Corrections shall
15have access to all sealed records of the Department pertaining
16to that individual. Upon entry of the order of sealing, the
17circuit court clerk shall promptly mail a copy of the order to
18the person who was granted the certificate of eligibility for
19sealing.
20    (e-6) Whenever a person who has been convicted of an
21offense is granted a certificate of eligibility for expungement
22by the Prisoner Review Board which specifically authorizes
23expungement, he or she may, upon verified petition to the Chief
24Judge of the circuit where the person had been convicted, any
25judge of the circuit designated by the Chief Judge, or in
26counties of less than 3,000,000 inhabitants, the presiding

 

 

10100HB2291ham002- 36 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 37 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 38 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 39 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 40 -LRB101 09407 RLC 71257 a

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

 

 

10100HB2291ham002- 41 -LRB101 09407 RLC 71257 a

1            (M) Compliance with Order Granting Petition to
2        Seal Records. Unless a court has entered a stay of an
3        order granting a petition to immediately seal, all
4        parties entitled to service of the order must fully
5        comply with the terms of the order within 60 days of
6        service of the order.
7    (h) Sealing; trafficking victims.
8        (1) A trafficking victim as defined by paragraph (10)
9    of subsection (a) of Section 10-9 of the Criminal Code of
10    2012 shall be eligible to petition for immediate sealing of
11    his or her criminal record upon the completion of his or
12    her last sentence if his or her participation in the
13    underlying offense was a direct result of human trafficking
14    under Section 10-9 of the Criminal Code of 2012 or a severe
15    form of trafficking under the federal Trafficking Victims
16    Protection Act.
17        (2) A petitioner under this subsection (h), in addition
18    to the requirements provided under paragraph (4) of
19    subsection (d) of this Section, shall include in his or her
20    petition a clear and concise statement that: (A) he or she
21    was a victim of human trafficking at the time of the
22    offense; and (B) that his or her participation in the
23    offense was a direct result of human trafficking under
24    Section 10-9 of the Criminal Code of 2012 or a severe form
25    of trafficking under the federal Trafficking Victims
26    Protection Act.

 

 

10100HB2291ham002- 42 -LRB101 09407 RLC 71257 a

1        (3) If an objection is filed alleging that the
2    petitioner is not entitled to immediate sealing under this
3    subsection (h), the court shall conduct a hearing under
4    paragraph (7) of subsection (d) of this Section and the
5    court shall determine whether the petitioner is entitled to
6    immediate sealing under this subsection (h). A petitioner
7    is eligible for immediate relief under this subsection (h)
8    if he or she shows, by a preponderance of the evidence,
9    that: (A) he or she was a victim of human trafficking at
10    the time of the offense; and (B) that his or her
11    participation in the offense was a direct result of human
12    trafficking under Section 10-9 of the Criminal Code of 2012
13    or a severe form of trafficking under the federal
14    Trafficking Victims Protection Act.
15    (i) Minor Cannabis Offenses under the Cannabis Control Act.
16        (1) Expungement of Arrest Records of Minor Cannabis
17    Offenses.
18            (A) The Department of State Police and all law
19        enforcement agencies within the State shall
20        automatically expunge all criminal history records of
21        an arrest, charge not initiated by arrest, order of
22        supervision, or order of qualified probation for a
23        Minor Cannabis Offense committed prior to June 25, 2019
24        (the effective date of Public Act 101-27) if:
25                (i) One year or more has elapsed since the date
26            of the arrest or law enforcement interaction

 

 

10100HB2291ham002- 43 -LRB101 09407 RLC 71257 a

1            documented in the records; and
2                (ii) No criminal charges were filed relating
3            to the arrest or law enforcement interaction or
4            criminal charges were filed and subsequently
5            dismissed or vacated or the arrestee was
6            acquitted.
7            (B) If the law enforcement agency is unable to
8        verify satisfaction of condition (ii) in paragraph
9        (A), records that satisfy condition (i) in paragraph
10        (A) shall be automatically expunged.
11            (C) Records shall be expunged by the law
12        enforcement agency under the following timelines:
13                (i) Records created prior to June 25, 2019 (the
14            effective date of Public Act 101-27), but on or
15            after January 1, 2013, shall be automatically
16            expunged prior to January 1, 2021;
17                (ii) Records created prior to January 1, 2013,
18            but on or after January 1, 2000, shall be
19            automatically expunged prior to January 1, 2023;
20                (iii) Records created prior to January 1, 2000
21            shall be automatically expunged prior to January
22            1, 2025.
23            In response to an inquiry for expunged records, the
24        law enforcement agency receiving such inquiry shall
25        reply as it does in response to inquiries when no
26        records ever existed; however, it shall provide a

 

 

10100HB2291ham002- 44 -LRB101 09407 RLC 71257 a

1        certificate of disposition or confirmation that the
2        record was expunged to the individual whose record was
3        expunged if such a record exists.
4            (D) Nothing in this Section shall be construed to
5        restrict or modify an individual's right to have that
6        individual's records expunged except as otherwise may
7        be provided in this Act, or diminish or abrogate any
8        rights or remedies otherwise available to the
9        individual.
10        (2) Pardons Authorizing Expungement of Minor Cannabis
11    Offenses.
12            (A) Upon June 25, 2019 (the effective date of
13        Public Act 101-27), the Department of State Police
14        shall review all criminal history record information
15        and identify all records that meet all of the following
16        criteria:
17                (i) one or more convictions for a Minor
18            Cannabis Offense;
19                (ii) the conviction identified in paragraph
20            (2)(A)(i) did not include a penalty enhancement
21            under Section 7 of the Cannabis Control Act; and
22                (iii) the conviction identified in paragraph
23            (2)(A)(i) is not associated with a conviction for a
24            violent crime as defined in subsection (c) of
25            Section 3 of the Rights of Crime Victims and
26            Witnesses Act.

 

 

10100HB2291ham002- 45 -LRB101 09407 RLC 71257 a

1            (B) Within 180 days after June 25, 2019 (the
2        effective date of Public Act 101-27), the Department of
3        State Police shall notify the Prisoner Review Board of
4        all such records that meet the criteria established in
5        paragraph (2)(A).
6                (i) The Prisoner Review Board shall notify the
7            State's Attorney of the county of conviction of
8            each record identified by State Police in
9            paragraph (2)(A) that is classified as a Class 4
10            felony. The State's Attorney may provide a written
11            objection to the Prisoner Review Board on the sole
12            basis that the record identified does not meet the
13            criteria established in paragraph (2)(A). Such an
14            objection must be filed within 60 days or by such
15            later date set by Prisoner Review Board in the
16            notice after the State's Attorney received notice
17            from the Prisoner Review Board.
18                (ii) In response to a written objection from a
19            State's Attorney, the Prisoner Review Board is
20            authorized to conduct a non-public hearing to
21            evaluate the information provided in the
22            objection.
23                (iii) The Prisoner Review Board shall make a
24            confidential and privileged recommendation to the
25            Governor as to whether to grant a pardon
26            authorizing expungement for each of the records

 

 

10100HB2291ham002- 46 -LRB101 09407 RLC 71257 a

1            identified by the Department of State Police as
2            described in paragraph (2)(A).
3            (C) If an individual has been granted a pardon
4        authorizing expungement as described in this Section,
5        the Prisoner Review Board, through the Attorney
6        General, shall file a petition for expungement with the
7        Chief Judge of the circuit or any judge of the circuit
8        designated by the Chief Judge where the individual had
9        been convicted. Such petition may include more than one
10        individual. Whenever an individual who has been
11        convicted of an offense is granted a pardon by the
12        Governor that specifically authorizes expungement, an
13        objection to the petition may not be filed. Petitions
14        to expunge under this subsection (i) may include more
15        than one individual. Within 90 days of the filing of
16        such a petition, the court shall enter an order
17        expunging the records of arrest from the official
18        records of the arresting authority and order that the
19        records of the circuit court clerk and the Department
20        of State Police be expunged and the name of the
21        defendant obliterated from the official index
22        requested to be kept by the circuit court clerk under
23        Section 16 of the Clerks of Courts Act in connection
24        with the arrest and conviction for the offense for
25        which the individual had received a pardon but the
26        order shall not affect any index issued by the circuit

 

 

10100HB2291ham002- 47 -LRB101 09407 RLC 71257 a

1        court clerk before the entry of the order. Upon entry
2        of the order of expungement, the circuit court clerk
3        shall promptly provide a copy of the order and a
4        certificate of disposition to the individual who was
5        pardoned to the individual's last known address or by
6        electronic means (if available) or otherwise make it
7        available to the individual upon request.
8            (D) Nothing in this Section is intended to diminish
9        or abrogate any rights or remedies otherwise available
10        to the individual.
11        (3) Any individual may file a motion to vacate and
12    expunge a conviction for a misdemeanor or Class 4 felony
13    violation of Section 4 or Section 5 of the Cannabis Control
14    Act. Motions to vacate and expunge under this subsection
15    (i) may be filed with the circuit court, Chief Judge of a
16    judicial circuit or any judge of the circuit designated by
17    the Chief Judge. The circuit court clerk shall promptly
18    serve a copy of the motion to vacate and expunge, and any
19    supporting documentation, on the State's Attorney or
20    prosecutor charged with the duty of prosecuting the
21    offense. When considering such a motion to vacate and
22    expunge, a court shall consider the following: the reasons
23    to retain the records provided by law enforcement, the
24    petitioner's age, the petitioner's age at the time of
25    offense, the time since the conviction, and the specific
26    adverse consequences if denied. An individual may file such

 

 

10100HB2291ham002- 48 -LRB101 09407 RLC 71257 a

1    a petition after the completion of any non-financial
2    sentence or non-financial condition imposed by the
3    conviction. Within 60 days of the filing of such motion, a
4    State's Attorney may file an objection to such a petition
5    along with supporting evidence. If a motion to vacate and
6    expunge is granted, the records shall be expunged in
7    accordance with subparagraphs (d)(8) and (d)(9)(A) of this
8    Section. An agency providing civil legal aid, as defined by
9    Section 15 of the Public Interest Attorney Assistance Act,
10    assisting individuals seeking to file a motion to vacate
11    and expunge under this subsection may file motions to
12    vacate and expunge with the Chief Judge of a judicial
13    circuit or any judge of the circuit designated by the Chief
14    Judge, and the motion may include more than one individual.
15    Motions filed by an agency providing civil legal aid
16    concerning more than one individual may be prepared,
17    presented, and signed electronically.
18        (4) Any State's Attorney may file a motion to vacate
19    and expunge a conviction for a misdemeanor or Class 4
20    felony violation of Section 4 or Section 5 of the Cannabis
21    Control Act. Motions to vacate and expunge under this
22    subsection (i) may be filed with the circuit court, Chief
23    Judge of a judicial circuit or any judge of the circuit
24    designated by the Chief Judge, and may include more than
25    one individual. Motions filed by a State's Attorney
26    concerning more than one individual may be prepared,

 

 

10100HB2291ham002- 49 -LRB101 09407 RLC 71257 a

1    presented, and signed electronically. When considering
2    such a motion to vacate and expunge, a court shall consider
3    the following: the reasons to retain the records provided
4    by law enforcement, the individual's age, the individual's
5    age at the time of offense, the time since the conviction,
6    and the specific adverse consequences if denied. Upon entry
7    of an order granting a motion to vacate and expunge records
8    pursuant to this Section, the State's Attorney shall notify
9    the Prisoner Review Board within 30 days. Upon entry of the
10    order of expungement, the circuit court clerk shall
11    promptly provide a copy of the order and a certificate of
12    disposition to the individual whose records will be
13    expunged to the individual's last known address or by
14    electronic means (if available) or otherwise make
15    available to the individual upon request. If a motion to
16    vacate and expunge is granted, the records shall be
17    expunged in accordance with subparagraphs (d)(8) and
18    (d)(9)(A) of this Section.
19        (5) In the public interest, the State's Attorney of a
20    county has standing to file motions to vacate and expunge
21    pursuant to this Section in the circuit court with
22    jurisdiction over the underlying conviction.
23        (6) If a person is arrested for a Minor Cannabis
24    Offense as defined in this Section before June 25, 2019
25    (the effective date of Public Act 101-27) and the person's
26    case is still pending but a sentence has not been imposed,

 

 

10100HB2291ham002- 50 -LRB101 09407 RLC 71257 a

1    the person may petition the court in which the charges are
2    pending for an order to summarily dismiss those charges
3    against him or her, and expunge all official records of his
4    or her arrest, plea, trial, conviction, incarceration,
5    supervision, or expungement. If the court determines, upon
6    review, that: (A) the person was arrested before June 25,
7    2019 (the effective date of Public Act 101-27) for an
8    offense that has been made eligible for expungement; (B)
9    the case is pending at the time; and (C) the person has not
10    been sentenced of the minor cannabis violation eligible for
11    expungement under this subsection, the court shall
12    consider the following: the reasons to retain the records
13    provided by law enforcement, the petitioner's age, the
14    petitioner's age at the time of offense, the time since the
15    conviction, and the specific adverse consequences if
16    denied. If a motion to dismiss and expunge is granted, the
17    records shall be expunged in accordance with subparagraph
18    (d)(9)(A) of this Section.
19        (7) A person imprisoned solely as a result of one or
20    more convictions for Minor Cannabis Offenses under this
21    subsection (i) shall be released from incarceration upon
22    the issuance of an order under this subsection.
23        (8) The Department of State Police shall allow a person
24    to use the access and review process, established in the
25    Department of State Police, for verifying that his or her
26    records relating to Minor Cannabis Offenses of the Cannabis

 

 

10100HB2291ham002- 51 -LRB101 09407 RLC 71257 a

1    Control Act eligible under this Section have been expunged.
2        (9) No conviction vacated pursuant to this Section
3    shall serve as the basis for damages for time unjustly
4    served as provided in the Court of Claims Act.
5        (10) Effect of Expungement. A person's right to expunge
6    an expungeable offense shall not be limited under this
7    Section. The effect of an order of expungement shall be to
8    restore the person to the status he or she occupied before
9    the arrest, charge, or conviction.
10        (11) Information. The Department of State Police shall
11    post general information on its website about the
12    expungement process described in this subsection (i).
13(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
14100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
158-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
16eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
17101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
1812-4-19.)
 
19    Section 10. The Illinois Controlled Substances Act is
20amended by changing Sections 401, 402, and 408 as follows:
 
21    (720 ILCS 570/401)  (from Ch. 56 1/2, par. 1401)
22    Sec. 401. Manufacture or delivery, or possession with
23intent to manufacture or deliver, a controlled substance, a
24counterfeit substance, or controlled substance analog. Except

 

 

10100HB2291ham002- 52 -LRB101 09407 RLC 71257 a

1as authorized by this Act, it is unlawful for any person
2knowingly to manufacture or deliver, or possess with intent to
3manufacture or deliver, a controlled substance other than
4methamphetamine and other than bath salts as defined in the
5Bath Salts Prohibition Act sold or offered for sale in a retail
6mercantile establishment as defined in Section 16-0.1 of the
7Criminal Code of 2012, a counterfeit substance, or a controlled
8substance analog. A violation of this Act with respect to each
9of the controlled substances listed herein constitutes a single
10and separate violation of this Act. For purposes of this
11Section, "controlled substance analog" or "analog" means a
12substance, other than a controlled substance, which is not
13approved by the United States Food and Drug Administration or,
14if approved, is not dispensed or possessed in accordance with
15State or federal law, and that has a chemical structure
16substantially similar to that of a controlled substance in
17Schedule I or II, or that was specifically designed to produce
18an effect substantially similar to that of a controlled
19substance in Schedule I or II. Examples of chemical classes in
20which controlled substance analogs are found include, but are
21not limited to, the following: phenethylamines, N-substituted
22piperidines, morphinans, ecgonines, quinazolinones,
23substituted indoles, and arylcycloalkylamines. For purposes of
24this Act, a controlled substance analog shall be treated in the
25same manner as the controlled substance to which it is
26substantially similar.

 

 

10100HB2291ham002- 53 -LRB101 09407 RLC 71257 a

1    (a) Any person who violates this Section with respect to
2the following amounts of controlled or counterfeit substances
3or controlled substance analogs, notwithstanding any of the
4provisions of subsections (c), (d), (e), (f), (g) or (h) to the
5contrary, is guilty of a Class X felony and shall be sentenced
6to a term of imprisonment as provided in this subsection (a)
7and fined as provided in subsection (b):
8        (1)(A) not less than 6 years and not more than 30 years
9    with respect to 15 grams or more but less than 100 grams of
10    a substance containing heroin, or an analog thereof;
11        (B) not less than 9 years and not more than 40 years
12    with respect to 100 grams or more but less than 400 grams
13    of a substance containing heroin, or an analog thereof;
14        (C) not less than 12 years and not more than 50 years
15    with respect to 400 grams or more but less than 900 grams
16    of a substance containing heroin, or an analog thereof;
17        (D) not less than 15 years and not more than 60 years
18    with respect to 900 grams or more of any substance
19    containing heroin, or an analog thereof;
20        (1.5)(A) not less than 6 years and not more than 30
21    years with respect to 15 grams or more but less than 100
22    grams of a substance containing fentanyl, or an analog
23    thereof;
24        (B) not less than 9 years and not more than 40 years
25    with respect to 100 grams or more but less than 400 grams
26    of a substance containing fentanyl, or an analog thereof;

 

 

10100HB2291ham002- 54 -LRB101 09407 RLC 71257 a

1        (C) not less than 12 years and not more than 50 years
2    with respect to 400 grams or more but less than 900 grams
3    of a substance containing fentanyl, or an analog thereof;
4        (D) not less than 15 years and not more than 60 years
5    with respect to 900 grams or more of a substance containing
6    fentanyl, or an analog thereof;
7        (2)(A) not less than 6 years and not more than 30 years
8    with respect to 15 grams or more but less than 100 grams of
9    a substance containing cocaine, or an analog thereof;
10        (B) not less than 9 years and not more than 40 years
11    with respect to 100 grams or more but less than 400 grams
12    of a substance containing cocaine, or an analog thereof;
13        (C) not less than 12 years and not more than 50 years
14    with respect to 400 grams or more but less than 900 grams
15    of a substance containing cocaine, or an analog thereof;
16        (D) not less than 15 years and not more than 60 years
17    with respect to 900 grams or more of any substance
18    containing cocaine, or an analog thereof;
19        (3)(A) not less than 6 years and not more than 30 years
20    with respect to 15 grams or more but less than 100 grams of
21    a substance containing morphine, or an analog thereof;
22        (B) not less than 9 years and not more than 40 years
23    with respect to 100 grams or more but less than 400 grams
24    of a substance containing morphine, or an analog thereof;
25        (C) not less than 12 years and not more than 50 years
26    with respect to 400 grams or more but less than 900 grams

 

 

10100HB2291ham002- 55 -LRB101 09407 RLC 71257 a

1    of a substance containing morphine, or an analog thereof;
2        (D) not less than 15 years and not more than 60 years
3    with respect to 900 grams or more of a substance containing
4    morphine, or an analog thereof;
5        (4) 200 grams or more of any substance containing
6    peyote, or an analog thereof;
7        (5) 200 grams or more of any substance containing a
8    derivative of barbituric acid or any of the salts of a
9    derivative of barbituric acid, or an analog thereof;
10        (6) 200 grams or more of any substance containing
11    amphetamine or any salt of an optical isomer of
12    amphetamine, or an analog thereof;
13        (6.5) (blank);
14        (6.6) (blank);
15        (7)(A) not less than 6 years and not more than 30 years
16    with respect to: (i) 15 grams or more but less than 100
17    grams of a substance containing lysergic acid diethylamide
18    (LSD), or an analog thereof, or (ii) 15 or more objects or
19    15 or more segregated parts of an object or objects but
20    less than 200 objects or 200 segregated parts of an object
21    or objects containing in them or having upon them any
22    amounts of any substance containing lysergic acid
23    diethylamide (LSD), or an analog thereof;
24        (B) not less than 9 years and not more than 40 years
25    with respect to: (i) 100 grams or more but less than 400
26    grams of a substance containing lysergic acid diethylamide

 

 

10100HB2291ham002- 56 -LRB101 09407 RLC 71257 a

1    (LSD), or an analog thereof, or (ii) 200 or more objects or
2    200 or more segregated parts of an object or objects but
3    less than 600 objects or less than 600 segregated parts of
4    an object or objects containing in them or having upon them
5    any amount of any substance containing lysergic acid
6    diethylamide (LSD), or an analog thereof;
7        (C) not less than 12 years and not more than 50 years
8    with respect to: (i) 400 grams or more but less than 900
9    grams of a substance containing lysergic acid diethylamide
10    (LSD), or an analog thereof, or (ii) 600 or more objects or
11    600 or more segregated parts of an object or objects but
12    less than 1500 objects or 1500 segregated parts of an
13    object or objects containing in them or having upon them
14    any amount of any substance containing lysergic acid
15    diethylamide (LSD), or an analog thereof;
16        (D) not less than 15 years and not more than 60 years
17    with respect to: (i) 900 grams or more of any substance
18    containing lysergic acid diethylamide (LSD), or an analog
19    thereof, or (ii) 1500 or more objects or 1500 or more
20    segregated parts of an object or objects containing in them
21    or having upon them any amount of a substance containing
22    lysergic acid diethylamide (LSD), or an analog thereof;
23    (7.5)(A) not less than 6 years and not more than 30 years
24    with respect to: (i) 15 grams or more but less than 100
25    grams of a substance listed in paragraph (1), (2), (2.1),
26    (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26)

 

 

10100HB2291ham002- 57 -LRB101 09407 RLC 71257 a

1    of subsection (d) of Section 204, or an analog or
2    derivative thereof, or (ii) 15 or more pills, tablets,
3    caplets, capsules, or objects but less than 200 pills,
4    tablets, caplets, capsules, or objects containing in them
5    or having upon them any amounts of any substance listed in
6    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
7    (20.1), (21), (25), or (26) of subsection (d) of Section
8    204, or an analog or derivative thereof;
9        (B) not less than 9 years and not more than 40 years
10    with respect to: (i) 100 grams or more but less than 400
11    grams of a substance listed in paragraph (1), (2), (2.1),
12    (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26)
13    of subsection (d) of Section 204, or an analog or
14    derivative thereof, or (ii) 200 or more pills, tablets,
15    caplets, capsules, or objects but less than 600 pills,
16    tablets, caplets, capsules, or objects containing in them
17    or having upon them any amount of any substance listed in
18    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
19    (20.1), (21), (25), or (26) of subsection (d) of Section
20    204, or an analog or derivative thereof;
21        (C) not less than 12 years and not more than 50 years
22    with respect to: (i) 400 grams or more but less than 900
23    grams of a substance listed in paragraph (1), (2), (2.1),
24    (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26)
25    of subsection (d) of Section 204, or an analog or
26    derivative thereof, or (ii) 600 or more pills, tablets,

 

 

10100HB2291ham002- 58 -LRB101 09407 RLC 71257 a

1    caplets, capsules, or objects but less than 1,500 pills,
2    tablets, caplets, capsules, or objects containing in them
3    or having upon them any amount of any substance listed in
4    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
5    (20.1), (21), (25), or (26) of subsection (d) of Section
6    204, or an analog or derivative thereof;
7        (D) not less than 15 years and not more than 60 years
8    with respect to: (i) 900 grams or more of any substance
9    listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
10    (19), (20), (20.1), (21), (25), or (26) of subsection (d)
11    of Section 204, or an analog or derivative thereof, or (ii)
12    1,500 or more pills, tablets, caplets, capsules, or objects
13    containing in them or having upon them any amount of a
14    substance listed in paragraph (1), (2), (2.1), (2.2), (3),
15    (14.1), (19), (20), (20.1), (21), (25), or (26) of
16    subsection (d) of Section 204, or an analog or derivative
17    thereof;
18        (8) 30 grams or more of any substance containing
19    pentazocine or any of the salts, isomers and salts of
20    isomers of pentazocine, or an analog thereof;
21        (9) 30 grams or more of any substance containing
22    methaqualone or any of the salts, isomers and salts of
23    isomers of methaqualone, or an analog thereof;
24        (10) 30 grams or more of any substance containing
25    phencyclidine or any of the salts, isomers and salts of
26    isomers of phencyclidine (PCP), or an analog thereof;

 

 

10100HB2291ham002- 59 -LRB101 09407 RLC 71257 a

1        (10.5) 30 grams or more of any substance containing
2    ketamine or any of the salts, isomers and salts of isomers
3    of ketamine, or an analog thereof;
4        (10.6) 100 grams or more of any substance containing
5    hydrocodone, or any of the salts, isomers and salts of
6    isomers of hydrocodone, or an analog thereof;
7        (10.7) (blank);
8        (10.8) 100 grams or more of any substance containing
9    dihydrocodeine, or any of the salts, isomers and salts of
10    isomers of dihydrocodeine, or an analog thereof;
11        (10.9) 100 grams or more of any substance containing
12    oxycodone, or any of the salts, isomers and salts of
13    isomers of oxycodone, or an analog thereof;
14        (11) 200 grams or more of any substance containing any
15    other controlled substance classified in Schedules I or II,
16    or an analog thereof, which is not otherwise included in
17    this subsection.
18    (b) Any person sentenced with respect to violations of
19paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
20involving 100 grams or more of the controlled substance named
21therein, may in addition to the penalties provided therein, be
22fined an amount not more than $500,000 or the full street value
23of the controlled or counterfeit substance or controlled
24substance analog, whichever is greater. The term "street value"
25shall have the meaning ascribed in Section 110-5 of the Code of
26Criminal Procedure of 1963. Any person sentenced with respect

 

 

10100HB2291ham002- 60 -LRB101 09407 RLC 71257 a

1to any other provision of subsection (a), may in addition to
2the penalties provided therein, be fined an amount not to
3exceed $500,000.
4    (b-1) Excluding violations of this Act when the controlled
5substance is fentanyl, any person sentenced to a term of
6imprisonment with respect to violations of Section 401, 401.1,
7405, 405.1, 405.2, or 407, when the substance containing the
8controlled substance contains any amount of fentanyl, 3 years
9shall be added to the term of imprisonment imposed by the
10court, and the maximum sentence for the offense shall be
11increased by 3 years.
12    (c) Any person who violates this Section with regard to the
13following amounts of controlled or counterfeit substances or
14controlled substance analogs, notwithstanding any of the
15provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
16to the contrary, is guilty of a Class 1 felony. The fine for
17violation of this subsection (c) shall not be more than
18$250,000:
19        (1) 3 grams 1 gram or more but less than 15 grams of
20    any substance containing heroin, or an analog thereof;
21        (1.5) 3 grams 1 gram or more but less than 15 grams of
22    any substance containing fentanyl, or an analog thereof;
23        (2) 5 grams 1 gram or more but less than 15 grams of
24    any substance containing cocaine, or an analog thereof;
25        (3) 4 10 grams or more but less than 15 grams of any
26    substance containing morphine, or an analog thereof;

 

 

10100HB2291ham002- 61 -LRB101 09407 RLC 71257 a

1        (4) 50 grams or more but less than 200 grams of any
2    substance containing peyote, or an analog thereof;
3        (5) 50 grams or more but less than 200 grams of any
4    substance containing a derivative of barbituric acid or any
5    of the salts of a derivative of barbituric acid, or an
6    analog thereof;
7        (6) 50 grams or more but less than 200 grams of any
8    substance containing amphetamine or any salt of an optical
9    isomer of amphetamine, or an analog thereof;
10        (6.5) (blank);
11        (7)(i) one gram 5 grams or more but less than 15 grams
12    of any substance containing lysergic acid diethylamide
13    (LSD), or an analog thereof, or (ii) more than 40 10
14    objects or more than 40 10 segregated parts of an object or
15    objects but less than 100 15 objects or less than 100 15
16    segregated parts of an object containing in them or having
17    upon them any amount of any substance containing lysergic
18    acid diethylamide (LSD), or an analog thereof;
19        (7.5)(i) 2 5 grams or more but less than 15 grams of
20    any substance listed in paragraph (1), (2), (2.1), (2.2),
21    (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
22    subsection (d) of Section 204, or an analog or derivative
23    thereof, or (ii) 5 or more than 10 pills, tablets, caplets,
24    capsules, or objects but less than 15 pills, tablets,
25    caplets, capsules, or objects containing in them or having
26    upon them any amount of any substance listed in paragraph

 

 

10100HB2291ham002- 62 -LRB101 09407 RLC 71257 a

1    (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
2    (21), (25), or (26) of subsection (d) of Section 204, or an
3    analog or derivative thereof;
4        (8) 10 grams or more but less than 30 grams of any
5    substance containing pentazocine or any of the salts,
6    isomers and salts of isomers of pentazocine, or an analog
7    thereof;
8        (9) 10 grams or more but less than 30 grams of any
9    substance containing methaqualone or any of the salts,
10    isomers and salts of isomers of methaqualone, or an analog
11    thereof;
12        (10) 10 grams or more but less than 30 grams of any
13    substance containing phencyclidine or any of the salts,
14    isomers and salts of isomers of phencyclidine (PCP), or an
15    analog thereof;
16        (10.5) 10 grams or more but less than 30 grams of any
17    substance containing ketamine or any of the salts, isomers
18    and salts of isomers of ketamine, or an analog thereof;
19        (10.6) 50 grams or more but less than 100 grams of any
20    substance containing hydrocodone, or any of the salts,
21    isomers and salts of isomers of hydrocodone, or an analog
22    thereof;
23        (10.7) (blank);
24        (10.8) 50 grams or more but less than 100 grams of any
25    substance containing dihydrocodeine, or any of the salts,
26    isomers and salts of isomers of dihydrocodeine, or an

 

 

10100HB2291ham002- 63 -LRB101 09407 RLC 71257 a

1    analog thereof;
2        (10.9) 50 grams or more but less than 100 grams of any
3    substance containing oxycodone, or any of the salts,
4    isomers and salts of isomers of oxycodone, or an analog
5    thereof;
6        (11) 50 grams or more but less than 200 grams of any
7    substance containing a substance classified in Schedules I
8    or II, or an analog thereof, which is not otherwise
9    included in this subsection.
10    (c-5) (Blank).
11    (d) Any person who violates this Section with regard to any
12other amount of a controlled or counterfeit substance
13containing dihydrocodeine or classified in Schedules I or II,
14or an analog thereof, which is (i) a narcotic drug, (ii)
15lysergic acid diethylamide (LSD) or an analog thereof, (iii)
16any substance containing amphetamine or fentanyl or any salt or
17optical isomer of amphetamine or fentanyl, or an analog
18thereof, or (iv) any substance containing N-Benzylpiperazine
19(BZP) or any salt or optical isomer of N-Benzylpiperazine
20(BZP), or an analog thereof, is guilty of a Class 2 felony. The
21fine for violation of this subsection (d) shall not be more
22than $200,000.
23    (d-5) (Blank).
24    (e) (Blank). Any person who violates this Section with
25regard to any other amount of a controlled substance other than
26methamphetamine or counterfeit substance classified in

 

 

10100HB2291ham002- 64 -LRB101 09407 RLC 71257 a

1Schedule I or II, or an analog thereof, which substance is not
2included under subsection (d) of this Section, is guilty of a
3Class 3 felony. The fine for violation of this subsection (e)
4shall not be more than $150,000.
5    (f) (Blank). Any person who violates this Section with
6regard to any other amount of a controlled or counterfeit
7substance classified in Schedule III is guilty of a Class 3
8felony. The fine for violation of this subsection (f) shall not
9be more than $125,000.
10    (g) (Blank). Any person who violates this Section with
11regard to any other amount of a controlled or counterfeit
12substance classified in Schedule IV is guilty of a Class 3
13felony. The fine for violation of this subsection (g) shall not
14be more than $100,000.
15    (h) (Blank). Any person who violates this Section with
16regard to any other amount of a controlled or counterfeit
17substance classified in Schedule V is guilty of a Class 3
18felony. The fine for violation of this subsection (h) shall not
19be more than $75,000.
20    (i) (Blank). This Section does not apply to the
21manufacture, possession or distribution of a substance in
22conformance with the provisions of an approved new drug
23application or an exemption for investigational use within the
24meaning of Section 505 of the Federal Food, Drug and Cosmetic
25Act.
26    (j) (Blank).

 

 

10100HB2291ham002- 65 -LRB101 09407 RLC 71257 a

1    (k) Any person who knowingly manufactures or delivers any
2other amount of a controlled or counterfeit substance
3containing dihydrocodeine or classified in Schedules I or II,
4or an analog thereof, which is (i) a narcotic drug, (ii)
5lysergic acid diethylamide (LSD) or an analog thereof, (iii)
6any substance containing amphetamine or fentanyl or any salt or
7optical isomer of amphetamine or fentanyl, or an analog
8thereof, (iv) any substance containing N-Benzylpiperazine
9(BZP) or any salt or optical isomer of N-Benzylpiperazine
10(BZP), or an analog thereof, or (v) any other substance
11classified in Schedules I through V; is guilty of a Class 4
12felony. The fine for violation of this subsection (d) shall not
13be more than $25,000.
14    (l) This Section does not apply to the manufacture,
15possession or distribution of a substance in conformance with
16the provisions of an approved new drug application or an
17exemption for investigational use within the meaning of Section
18505 of the Federal Food, Drug and Cosmetic Act.
19(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17;
20100-368, eff. 1-1-18.)
 
21    (720 ILCS 570/402)  (from Ch. 56 1/2, par. 1402)
22    Sec. 402. Except as otherwise authorized by this Act, it is
23unlawful for any person knowingly to possess a controlled or
24counterfeit substance or controlled substance analog. A
25violation of this Act with respect to each of the controlled

 

 

10100HB2291ham002- 66 -LRB101 09407 RLC 71257 a

1substances listed herein constitutes a single and separate
2violation of this Act. For purposes of this Section,
3"controlled substance analog" or "analog" means a substance,
4other than a controlled substance, which is not approved by the
5United States Food and Drug Administration or, if approved, is
6not dispensed or possessed in accordance with State or federal
7law, and that has a chemical structure substantially similar to
8that of a controlled substance in Schedule I or II, or that was
9specifically designed to produce an effect substantially
10similar to that of a controlled substance in Schedule I or II.
11Examples of chemical classes in which controlled substance
12analogs are found include, but are not limited to, the
13following: phenethylamines, N-substituted piperidines,
14morphinans, ecgonines, quinazolinones, substituted indoles,
15and arylcycloalkylamines. For purposes of this Act, a
16controlled substance analog shall be treated in the same manner
17as the controlled substance to which it is substantially
18similar.
19    (a) Any person who violates this Section with respect to
20the following controlled or counterfeit substances and
21amounts, notwithstanding any of the provisions of subsections
22(c) and (d) to the contrary, is guilty of a Class 1 felony and
23shall, if sentenced to a term of imprisonment, be sentenced as
24provided in this subsection (a) and fined as provided in
25subsection (b):
26        (1) (A) not less than 4 years and not more than 15

 

 

10100HB2291ham002- 67 -LRB101 09407 RLC 71257 a

1        years with respect to 15 grams or more but less than
2        100 grams of a substance containing heroin;
3            (B) not less than 6 years and not more than 30
4        years with respect to 100 grams or more but less than
5        400 grams of a substance containing heroin;
6            (C) not less than 8 years and not more than 40
7        years with respect to 400 grams or more but less than
8        900 grams of any substance containing heroin;
9            (D) not less than 10 years and not more than 50
10        years with respect to 900 grams or more of any
11        substance containing heroin;
12        (2) (A) not less than 4 years and not more than 15
13        years with respect to 15 grams or more but less than
14        100 grams of any substance containing cocaine;
15            (B) not less than 6 years and not more than 30
16        years with respect to 100 grams or more but less than
17        400 grams of any substance containing cocaine;
18            (C) not less than 8 years and not more than 40
19        years with respect to 400 grams or more but less than
20        900 grams of any substance containing cocaine;
21            (D) not less than 10 years and not more than 50
22        years with respect to 900 grams or more of any
23        substance containing cocaine;
24        (3) (A) not less than 4 years and not more than 15
25        years with respect to 15 grams or more but less than
26        100 grams of any substance containing morphine;

 

 

10100HB2291ham002- 68 -LRB101 09407 RLC 71257 a

1            (B) not less than 6 years and not more than 30
2        years with respect to 100 grams or more but less than
3        400 grams of any substance containing morphine;
4            (C) not less than 6 years and not more than 40
5        years with respect to 400 grams or more but less than
6        900 grams of any substance containing morphine;
7            (D) not less than 10 years and not more than 50
8        years with respect to 900 grams or more of any
9        substance containing morphine;
10        (4) 200 grams or more of any substance containing
11    peyote;
12        (5) 200 grams or more of any substance containing a
13    derivative of barbituric acid or any of the salts of a
14    derivative of barbituric acid;
15        (6) 200 grams or more of any substance containing
16    amphetamine or any salt of an optical isomer of
17    amphetamine;
18        (6.5) (blank);
19        (7) (A) not less than 4 years and not more than 15
20        years with respect to: (i) 15 grams or more but less
21        than 100 grams of any substance containing lysergic
22        acid diethylamide (LSD), or an analog thereof, or (ii)
23        100 15 or more objects or 100 15 or more segregated
24        parts of an object or objects but less than 200 objects
25        or 200 segregated parts of an object or objects
26        containing in them or having upon them any amount of

 

 

10100HB2291ham002- 69 -LRB101 09407 RLC 71257 a

1        any substance containing lysergic acid diethylamide
2        (LSD), or an analog thereof;
3            (B) not less than 6 years and not more than 30
4        years with respect to: (i) 100 grams or more but less
5        than 400 grams of any substance containing lysergic
6        acid diethylamide (LSD), or an analog thereof, or (ii)
7        200 or more objects or 200 or more segregated parts of
8        an object or objects but less than 600 objects or less
9        than 600 segregated parts of an object or objects
10        containing in them or having upon them any amount of
11        any substance containing lysergic acid diethylamide
12        (LSD), or an analog thereof;
13            (C) not less than 8 years and not more than 40
14        years with respect to: (i) 400 grams or more but less
15        than 900 grams of any substance containing lysergic
16        acid diethylamide (LSD), or an analog thereof, or (ii)
17        600 or more objects or 600 or more segregated parts of
18        an object or objects but less than 1500 objects or 1500
19        segregated parts of an object or objects containing in
20        them or having upon them any amount of any substance
21        containing lysergic acid diethylamide (LSD), or an
22        analog thereof;
23            (D) not less than 10 years and not more than 50
24        years with respect to: (i) 900 grams or more of any
25        substance containing lysergic acid diethylamide (LSD),
26        or an analog thereof, or (ii) 1500 or more objects or

 

 

10100HB2291ham002- 70 -LRB101 09407 RLC 71257 a

1        1500 or more segregated parts of an object or objects
2        containing in them or having upon them any amount of a
3        substance containing lysergic acid diethylamide (LSD),
4        or an analog thereof;
5        (7.5) (A) not less than 4 years and not more than 15
6        years with respect to: (i) 15 grams or more but less
7        than 100 grams of any substance listed in paragraph
8        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
9        (20.1), (21), (25), or (26) of subsection (d) of
10        Section 204, or an analog or derivative thereof, or
11        (ii) 15 or more pills, tablets, caplets, capsules, or
12        objects but less than 200 pills, tablets, caplets,
13        capsules, or objects containing in them or having upon
14        them any amount of any substance listed in paragraph
15        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
16        (20.1), (21), (25), or (26) of subsection (d) of
17        Section 204, or an analog or derivative thereof;
18            (B) not less than 6 years and not more than 30
19        years with respect to: (i) 100 grams or more but less
20        than 400 grams of any substance listed in paragraph
21        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
22        (20.1), (21), (25), or (26) of subsection (d) of
23        Section 204, or an analog or derivative thereof, or
24        (ii) 200 or more pills, tablets, caplets, capsules, or
25        objects but less than 600 pills, tablets, caplets,
26        capsules, or objects containing in them or having upon

 

 

10100HB2291ham002- 71 -LRB101 09407 RLC 71257 a

1        them any amount of any substance listed in paragraph
2        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
3        (20.1), (21), (25), or (26) of subsection (d) of
4        Section 204, or an analog or derivative thereof;
5            (C) not less than 8 years and not more than 40
6        years with respect to: (i) 400 grams or more but less
7        than 900 grams of any substance listed in paragraph
8        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
9        (20.1), (21), (25), or (26) of subsection (d) of
10        Section 204, or an analog or derivative thereof, or
11        (ii) 600 or more pills, tablets, caplets, capsules, or
12        objects but less than 1,500 pills, tablets, caplets,
13        capsules, or objects containing in them or having upon
14        them any amount of any substance listed in paragraph
15        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
16        (20.1), (21), (25), or (26) of subsection (d) of
17        Section 204, or an analog or derivative thereof;
18            (D) not less than 10 years and not more than 50
19        years with respect to: (i) 900 grams or more of any
20        substance listed in paragraph (1), (2), (2.1), (2.2),
21        (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
22        subsection (d) of Section 204, or an analog or
23        derivative thereof, or (ii) 1,500 or more pills,
24        tablets, caplets, capsules, or objects containing in
25        them or having upon them any amount of a substance
26        listed in paragraph (1), (2), (2.1), (2.2), (3),

 

 

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1        (14.1), (19), (20), (20.1), (21), (25), or (26) of
2        subsection (d) of Section 204, or an analog or
3        derivative thereof;
4        (8) 30 grams or more of any substance containing
5    pentazocine or any of the salts, isomers and salts of
6    isomers of pentazocine, or an analog thereof;
7        (9) 30 grams or more of any substance containing
8    methaqualone or any of the salts, isomers and salts of
9    isomers of methaqualone;
10        (10) 30 grams or more of any substance containing
11    phencyclidine or any of the salts, isomers and salts of
12    isomers of phencyclidine (PCP);
13        (10.5) 30 grams or more of any substance containing
14    ketamine or any of the salts, isomers and salts of isomers
15    of ketamine;
16        (11) 200 grams or more of any substance containing any
17    substance classified as a narcotic drug in Schedules I or
18    II, or an analog thereof, which is not otherwise included
19    in this subsection.
20    (a-1) Any person who violates this Section with regard to
21    the following controlled substances and amounts is guilty
22    of a Class 4 felony:
23        (1) 3 grams or more but less than 15 grams of a
24    substance containing heroin;
25        (2) 3 grams or more but less than 200 grams of a
26    substance containing fentanyl;

 

 

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1        (3) 5 grams or more but less than 15 grams of a
2    substance containing cocaine;
3        (4) 4 grams or more but less than 15 grams of a
4    substance containing morphine;
5        (5)(i) 1 gram or more but less than 15 grams of any
6    substance containing lysergic acid diethylamide (LSD); or
7    (ii) more than 40 objects or segregated parts of an object
8    or objects but less than 100 objects or segregated parts of
9    an object or objects containing in them or having upon them
10    any amount of a substance containing lysergic acid
11    diethylamide (LSD), or an analog thereof;
12        (6)(i) 2 grams or more but less than 15 grams of any
13    substance listed in paragraph (1), (2), (2.1), (2.2), (3),
14    (14.1), (19), (20), (20.1), (21), (25), or (26) of
15    subsection (d) of Section 204, or an analog or derivative
16    thereof; or (ii) 5 or more pills, tablets, caplets,
17    capsules, or objects containing in them or having upon them
18    any amount of any substance listed in paragraph (1), (2),
19    (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25),
20    or (26) of subsection (d) of Section 204, or an analog or
21    derivative thereof;
22        (7) 4 grams or more but less than 30 grams of any
23    substance containing pentazocine or any of the salts,
24    isomers and salts of isomers of pentazocine, or an analog
25    thereof;
26        (8) 3 grams or more but less than 15 grams of any

 

 

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1    substance containing phencyclidine or any of the salts,
2    isomers and salts of isomers of phencyclidine (PCP), or an
3    analog thereof;
4        (9) 3 grams or more but less than 30 grams of any
5    substance containing ketamine or any of the salts, isomers
6    and salts of isomers of ketamine;
7        (10)(i) 4 grams or more but less than 200 grams of a
8    substance containing hydrocodone, dihydrocodeine,
9    oxycodone, or any of the salts, isomers, and salts of
10    isomers of hydrocodone, dihydrocodeine, or oxycodone, or
11    an analog thereof; or (ii) more than 40 pills, tablets,
12    caplets, capsules, or objects but less than 100 pills,
13    tablets, capsules, or objects containing hydrocodone,
14    dihydrocodeine, oxycodone, or any of the salts, isomers,
15    and salts of isomers of hydrocodone, dihydrocodeine, or
16    oxycodone, or an analog of hydrocodone, dihydrocodeine, or
17    oxycodone.
18    The fine for a violation punishable under this subsection
19(a-1) shall not be more than $25,000.
20    (a-5) Any person who violates this Section with regard to
21the following controlled substances and amounts is guilty of a
22Class A misdemeanor:
23        (1) less than 3 grams of a substance containing heroin;
24        (2) less than 3 grams of a substance containing
25    fentanyl or an analog thereof;
26        (3) less than 5 grams of a substance containing

 

 

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1    cocaine;
2        (4) less than 4 grams of a substance containing
3    morphine;
4        (5)(i) less than 1 gram of any substance containing
5    lysergic acid diethylamide (LSD); or (ii) less than 40
6    objects or segregated parts of an object or objects
7    containing in them or having upon them any amount of a
8    substance containing lysergic acid diethylamide (LSD), or
9    an analog thereof;
10        (6)(i) less than 2 grams of any substance listed in
11    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
12    (20.1), (21), (25), or (26) of subsection (d) of Section
13    204, or an analog or derivative thereof; or (ii) less than
14    5 pills, tablets, caplets, capsules, or objects containing
15    in them or having upon them any amount of any substance
16    listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
17    (19), (20), (20.1), (21), (25), or (26) of subsection (d)
18    of Section 204, or an analog or derivative thereof;
19        (7) less than 4 grams any substance containing
20    pentazocine or any of the salts, isomers and salts of
21    isomers of pentazocine, or an analog thereof;
22        (8) less than 3 grams of any substance containing
23    phencyclidine or any of the salts, isomers and salts of
24    isomers of phencyclidine (PCP), or an analog thereof;
25        (9) less than 3 grams of any substance containing
26    ketamine or any of the salts, isomers and salts of isomers

 

 

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1    of ketamine;
2        (10)(i) less than 4 grams of any substance containing
3    hydrocodone, dihydrocodeine, oxycodone, or any of the
4    salts, isomers, and salts of isomers of hydrocodone,
5    dihydrocodeine, or oxycodone, or an analog thereof; or (ii)
6    less than 40 pills, tablets, caplets, capsules, or objects
7    containing hydrocodone, dihydrocodeine, oxycodone, or any
8    of the salts, isomers, and salts of isomers of hydrocodone,
9    dihydrocodeine, or oxycodone, or an analog of hydrocodone,
10    dihydrocodeine, or oxycodone.
11    (b) Any person sentenced with respect to violations of
12paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
13involving 100 grams or more of the controlled substance named
14therein, may in addition to the penalties provided therein, be
15fined an amount not to exceed $200,000 or the full street value
16of the controlled or counterfeit substances, whichever is
17greater. The term "street value" shall have the meaning
18ascribed in Section 110-5 of the Code of Criminal Procedure of
191963. Any person sentenced with respect to any other provision
20of subsection (a), may in addition to the penalties provided
21therein, be fined an amount not to exceed $200,000.
22    (c) Any person who violates this Section with regard to an
23amount of a controlled substance other than methamphetamine or
24counterfeit substance not set forth in subsection (a), (a-1),
25(a-5), or (d) is guilty of a Class A misdemeanor. Class 4
26felony. The fine for a violation punishable under this

 

 

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1subsection (c) shall not be more than $25,000.
2    (d) Any person who violates this Section with regard to any
3amount of anabolic steroid is guilty of a Class C misdemeanor
4for the first offense and a Class B misdemeanor for a
5subsequent offense committed within 2 years of a prior
6conviction.
7(Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18.)
 
8    (720 ILCS 570/408)  (from Ch. 56 1/2, par. 1408)
9    Sec. 408. Second or subsequent offense; penalties.
10    (a) Any person convicted of a second or subsequent felony
11offense under this Act may be sentenced to imprisonment for a
12term up to twice the maximum term otherwise authorized, fined
13an amount up to twice that otherwise authorized, or both.
14    (b) For purposes of this Section, an offense is considered
15a second or subsequent felony offense, if, prior to his or her
16conviction of the offense, the person:
17         (1) has been convicted, subsequent to the effective
18    date of this amendatory Act of the 101st General Assembly,
19    of a felony violation of this Act or the Methamphetamine
20    Control and Community Protection Act or under any
21    substantially similar law of the United States or of any
22    state relating to controlled substances; or
23        (2) has at any time been convicted of a Class 1 or
24    higher felony violation of this Act or the Methamphetamine
25    Control and Community Protection Act or under any

 

 

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1    substantially similar law of the United States or of any
2    state relating to controlled substances. offender has at
3    any time been convicted under this Act or under any law of
4    the United States or of any State relating to controlled
5    substances.
6(Source: P.A. 97-334, eff. 1-1-12.)
 
7    Section 15. The Methamphetamine Control and Community
8Protection Act is amended by changing Sections 55 and 60 as
9follows:
 
10    (720 ILCS 646/55)
11    Sec. 55. Methamphetamine delivery.
12    (a) Delivery or possession with intent to deliver
13methamphetamine or a substance containing methamphetamine.
14        (1) It is unlawful knowingly to engage in the delivery
15    or possession with intent to deliver methamphetamine or a
16    substance containing methamphetamine.
17        (2) A person who violates paragraph (1) of this
18    subsection (a) is subject to the following penalties:
19            (A) A person who delivers or possesses with intent
20        to deliver less than 5 grams of methamphetamine or a
21        substance containing methamphetamine is guilty of a
22        Class 2 felony.
23            (A-5) A person who possesses with intent to deliver
24        more than 3 grams but less than 5 grams of

 

 

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1        methamphetamine is guilty of a Class 2 felony.
2            (B) A person who delivers or possesses with intent
3        to deliver 5 or more grams but less than 15 grams of
4        methamphetamine or a substance containing
5        methamphetamine is guilty of a Class 1 felony.
6            (C) A person who delivers or possesses with intent
7        to deliver 15 or more grams but less than 100 grams of
8        methamphetamine or a substance containing
9        methamphetamine is guilty of a Class X felony, subject
10        to a term of imprisonment of not less than 6 years and
11        not more than 30 years, and subject to a fine not to
12        exceed $100,000 or the street value of the
13        methamphetamine, whichever is greater.
14            (D) A person who delivers or possesses with intent
15        to deliver 100 or more grams but less than 400 grams of
16        methamphetamine or a substance containing
17        methamphetamine is guilty of a Class X felony, subject
18        to a term of imprisonment of not less than 9 years and
19        not more than 40 years, and subject to a fine not to
20        exceed $200,000 or the street value of the
21        methamphetamine, whichever is greater.
22            (E) A person who delivers or possesses with intent
23        to deliver 400 or more grams but less than 900 grams of
24        methamphetamine or a substance containing
25        methamphetamine is guilty of a Class X felony, subject
26        to a term of imprisonment of not less than 12 years and

 

 

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1        not more than 50 years, and subject to a fine not to
2        exceed $300,000 or the street value of the
3        methamphetamine, whichever is greater.
4            (F) A person who delivers or possesses with intent
5        to deliver 900 or more grams of methamphetamine or a
6        substance containing methamphetamine is guilty of a
7        Class X felony, subject to a term of imprisonment of
8        not less than 15 years and not more than 60 years, and
9        subject to a fine not to exceed $400,000 or the street
10        value of the methamphetamine, whichever is greater.
11    (b) Aggravated delivery or possession with intent to
12deliver methamphetamine or a substance containing
13methamphetamine.
14        (1) It is unlawful to engage in the aggravated delivery
15    or possession with intent to deliver methamphetamine or a
16    substance containing methamphetamine. A person engages in
17    the aggravated delivery or possession with intent to
18    deliver methamphetamine or a substance containing
19    methamphetamine when the person violates paragraph (1) of
20    subsection (a) of this Section and:
21            (A) the person is at least 18 years of age and
22        knowingly delivers or possesses with intent to deliver
23        the methamphetamine or substance containing
24        methamphetamine to a person under 18 years of age;
25            (B) the person is at least 18 years of age and
26        knowingly uses, engages, employs, or causes another

 

 

10100HB2291ham002- 81 -LRB101 09407 RLC 71257 a

1        person to use, engage, or employ a person under 18
2        years of age to deliver the methamphetamine or
3        substance containing methamphetamine;
4            (C) the person knowingly delivers or possesses
5        with intent to deliver the methamphetamine or
6        substance containing methamphetamine in any structure
7        or vehicle protected by one or more firearms, explosive
8        devices, booby traps, alarm systems, surveillance
9        systems, guard dogs, or dangerous animals;
10            (D) the person knowingly delivers or possesses
11        with intent to deliver the methamphetamine or
12        substance containing methamphetamine in any school, on
13        any real property comprising any school, or in any
14        conveyance owned, leased, or contracted by a school to
15        transport students to or from school or a
16        school-related activity and at the time of the
17        violation persons under the age of 18 are present, the
18        offense is committed during school hours, or the
19        offense is committed at times when persons under the
20        age of 18 are reasonably expected to be present in the
21        school, in the conveyance, or on the real property,
22        such as when after-school activities are occurring;
23            (E) the person delivers or causes another person to
24        deliver the methamphetamine or substance containing
25        methamphetamine to a woman that the person knows to be
26        pregnant; or

 

 

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1            (F) (blank).
2        (2) A person who violates paragraph (1) of this
3    subsection (b) is subject to the following penalties:
4            (A) A person who delivers or possesses with intent
5        to deliver less than 5 grams of methamphetamine or a
6        substance containing methamphetamine is guilty of a
7        Class 1 felony.
8            (B) A person who delivers or possesses with intent
9        to deliver 5 or more grams but less than 15 grams of
10        methamphetamine or a substance containing
11        methamphetamine is guilty of a Class X felony, subject
12        to a term of imprisonment of not less than 6 years and
13        not more than 30 years, and subject to a fine not to
14        exceed $100,000 or the street value of the
15        methamphetamine, whichever is greater.
16            (C) A person who delivers or possesses with intent
17        to deliver 15 or more grams but less than 100 grams of
18        methamphetamine or a substance containing
19        methamphetamine is guilty of a Class X felony, subject
20        to a term of imprisonment of not less than 8 years and
21        not more than 40 years, and subject to a fine not to
22        exceed $200,000 or the street value of the
23        methamphetamine, whichever is greater.
24            (D) A person who delivers or possesses with intent
25        to deliver 100 or more grams of methamphetamine or a
26        substance containing methamphetamine is guilty of a

 

 

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1        Class X felony, subject to a term of imprisonment of
2        not less than 10 years and not more than 50 years, and
3        subject to a fine not to exceed $300,000 or the street
4        value of the methamphetamine, whichever is greater.
5(Source: P.A. 100-3, eff. 1-1-18.)
 
6    (720 ILCS 646/60)
7    Sec. 60. Methamphetamine possession.
8    (a) It is unlawful knowingly to possess methamphetamine or
9a substance containing methamphetamine.
10    (b) A person who violates subsection (a) is subject to the
11following penalties:
12        (1) A person who possesses less than 3 5 grams of
13    methamphetamine or a substance containing methamphetamine
14    is guilty of a Class A misdemeanor 3 felony.
15        (2) A person who possesses 3 5 or more grams but less
16    than 15 grams of methamphetamine or a substance containing
17    methamphetamine is guilty of a Class 4 2 felony.
18        (3) A person who possesses 15 or more grams but less
19    than 100 grams of methamphetamine or a substance containing
20    methamphetamine is guilty of a Class 1 felony.
21        (4) A person who possesses 100 or more grams but less
22    than 400 grams of methamphetamine or a substance containing
23    methamphetamine is guilty of a Class X felony, subject to a
24    term of imprisonment of not less than 6 years and not more
25    than 30 years, and subject to a fine not to exceed

 

 

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1    $100,000.
2        (5) A person who possesses 400 or more grams but less
3    than 900 grams of methamphetamine or a substance containing
4    methamphetamine is guilty of a Class X felony, subject to a
5    term of imprisonment of not less than 8 years and not more
6    than 40 years, and subject to a fine not to exceed
7    $200,000.
8        (6) A person who possesses 900 or more grams of
9    methamphetamine or a substance containing methamphetamine
10    is guilty of a Class X felony, subject to a term of
11    imprisonment of not less than 10 years and not more than 50
12    years, and subject to a fine not to exceed $300,000.
13(Source: P.A. 94-556, eff. 9-11-05.)
 
14    Section 20. The Code of Criminal Procedure of 1963 is
15amended by adding Section 116-2.2 as follows:
 
16    (725 ILCS 5/116-2.2 new)
17    Sec. 116-2.2. Retroactive resentencing.
18    (a) A person serving a sentence, including a sentence of
19probation, for an offense for which the statutory penalty has
20been subsequently reduced under this amendatory Act of the
21101st General Assembly may petition the trial court that
22entered the judgment of conviction to request resentencing in
23accordance with the statutory penalty in effect at the time of
24the filing of the petition.

 

 

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1    (b) Within 30 days of the effective date of this amendatory
2Act of the 101st General Assembly, the Department of
3Corrections shall identify each individual serving a sentence
4of imprisonment in the Department who may be eligible for
5resentencing under subsection (a), and then notify the
6prosecuting authority of the jurisdiction in which the person
7was convicted. No later than 60 days after receiving notice
8from the Department, the prosecuting authority shall petition
9the trial court that entered the judgment of conviction to
10request resentencing in accordance with the statutory penalty
11in effect at the time of filing the petition.
12    (c) If the petition satisfies the criteria in subsection
13(a), then a new sentencing hearing shall be held in accordance
14with the Unified Code of Corrections. At the hearing, both the
15defendant and the State may offer evidence of the defendant's
16conduct during his or her period of absence from the court.
17Defendants shall be entitled to have an attorney represent them
18at the resentencing hearing. The court may impose any sentence
19authorized by the Unified Code of Corrections, except that
20resentencing under this Section may not result in the
21imposition of a term of imprisonment or probation longer than
22the original sentence. A person who is resentenced under this
23subsection (c) shall be given credit for all time served in
24custody or on probation, or both.
25    (d) A person who has completed his or her sentence for a
26conviction of a felony offense for which the statutory penalty

 

 

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1has been subsequently reduced to a misdemeanor under this
2amendatory Act of the 101st General Assembly may petition the
3trial court that entered the judgment of conviction to
4designate the felony conviction as a misdemeanor.
5    (e) If the petition satisfies the criteria in subsection
6(d), then the court shall enter an order providing that the
7felony offense of which the person was previously convicted is
8designated as a misdemeanor under this Section.
9    (f) If a person has been charged prior to the effective
10date of this amendatory Act of the 101st General Assembly with
11a felony offense for which the statutory penalty has been
12reduced to a misdemeanor under this amendatory Act of the 101st
13General Assembly, the charges shall be modified to reflect the
14new penalty.
15    (g) If a person is serving a sentence of probation for an
16offense for which the penalty was subsequently reduced to a
17misdemeanor under this amendatory Act of the 101st General
18Assembly, and the person's probation is revoked under Section
194-6-4 of this Code, the person shall not be sentenced to a term
20of incarceration that exceeds the current maximum sentence.
 
21    Section 25. The Unified Code of Corrections is amended by
22adding Sections 5-6-3.7 and 5-6-3.8 as follows:
 
23    (730 ILCS 5/5-6-3.7 new)
24    Sec. 5-6-3.7. Misdemeanor diversion program.

 

 

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1    (a) The General Assembly seeks to promote public safety,
2conserve valuable resources, and reduce recidivism by
3establishing a Misdemeanor Diversion Program.
4    (b) In this Section:
5        (1) "Appropriate and accessible" means an organization
6    providing services that are likely to be needed by a
7    participant in the Program, and whose location and hours of
8    service make transportation to and from reasonable for the
9    participant.
10        (2) "Human services organization" means any
11    organization equipped to provide screening services
12    described in paragraph (2) of subsection (e) or authorized
13    by the State to perform behavioral health treatment or
14    substance use intervention and treatment or other social
15    services, including, but not limited to, homeless
16    services, education, and job training and placement.
17        (3) "Violent offense" means any offense in which bodily
18    harm was inflicted or in which force was used against any
19    person or threatened against any person, any offense
20    involving sexual conduct, sexual penetration, or sexual
21    exploitation, any offense of domestic violence, domestic
22    battery, violation of an order of protection, stalking, or
23    hate crime.
24    (c) Any circuit court or the State's Attorney of any county
25may establish a Misdemeanor Diversion Program in accordance
26with this Section.

 

 

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1    (d) Whenever any person who does not have a felony case
2pending is arrested for and charged with a misdemeanor offense
3that is not a violent offense and does not involve the
4possession of a firearm or dangerous weapon, the court, with
5the consent of the defendant, may suspend the proceedings prior
6to the entry of a finding of guilt or plea of guilty to
7ascertain the defendant's eligibility to participate in and
8complete the Misdemeanor Diversion Program. If the Program was
9established by the State's Attorney, then except as otherwise
10provided in this subsection (d), the defendant's eligibility to
11participate in the Program shall be within the discretion of
12the State's Attorney.
13    (e) The State's Attorney shall be responsible for
14identifying eligible defendants. Placement into the Program
15shall include the following:
16        (1) At the defendant's initial court appearance
17    appearance or soon as the defendant's eligibility for the
18    Program may be ascertained, the State's Attorney shall
19    inform the defendant of the existence of the Program, the
20    need for a preliminary screen for behavioral health or
21    other social service needs, the requirements for
22    successful completion, the implications of non-compliance,
23    and that successful completion shall result in dismissal of
24    the charge and the defendant's eligibility to petition for
25    sealing or expungement of his or her record with no waiting
26    period.

 

 

10100HB2291ham002- 89 -LRB101 09407 RLC 71257 a

1        (2) If the defendant agrees, the defendant shall be
2    immediately referred to a human services organization that
3    shall perform a brief screening to determine the presence
4    of any substance use, mental health, or other social
5    service needs experienced by the defendant.
6        (3) If the screen does not indicate the defendant's
7    need for services, the court shall continue the case for
8    further proceedings under the Code of Criminal Procedure of
9    1963.
10        (4) If the screen indicates a need for services, the
11    defendant shall be considered eligible for participation.
12    Participation is voluntary. To participate, the defendant
13    shall sign a written agreement with the court that he or
14    she understands and agrees to the conditions of
15    participation, as set forth in subsection (f) of this
16    Section.
17        (5) Upon acceptance of the agreement by the court, the
18    human services organization responsible for the screening
19    shall refer the defendant to an appropriate and accessible
20    human services organization responsible for conducting a
21    comprehensive assessment and developing a service plan, as
22    described in subsection (f) of this Section.
23        (6) At such time as it is known, the human services
24    organization responsible for the screening shall report to
25    the court that the individual has successfully or
26    unsuccessfully completed the conditions of participation.

 

 

10100HB2291ham002- 90 -LRB101 09407 RLC 71257 a

1    (f) The defendant shall agree to submit to a more
2comprehensive assessment of behavioral health and other social
3service needs conducted by the human services organization to
4which the defendant is referred. As a result of this
5assessment, the organization shall prepare recommendations for
6treatment and other social services which would likely benefit
7the defendant, which the human services organization shall
8present to and discuss with the defendant who may agree to
9pursue treatment voluntarily. Adherence to the service plan
10recommendations may not be a condition of participation.
11Completion of all of the conditions of participation shall
12occur no more than 90 days from the date of admission into the
13Program.
14    (g) Under no circumstances shall the human services
15organization performing either the brief screening, referral,
16and reporting under subsection (e) or the assessment and
17service recommendations under subsection (f) be required to
18perform those services in the absence of reimbursement for
19those services. The human services organization may already
20have an existing mechanism for reimbursement, or a new
21mechanism may be created by way of agreement with the court,
22the State's Attorney, or the jurisdiction in which the
23Misdemeanor Diversion Program was developed specifically for
24the purposes of the Program.
25    (h) If all conditions of participation have been met, the
26defendant shall be deemed to have successfully completed the

 

 

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1Program and the court shall dismiss the proceedings against the
2defendant. Discharge and dismissal shall not be considered a
3conviction for purposes of disqualification or disability
4imposed by law upon conviction of a crime.
5    (i) Non-compliance with the conditions of participation,
6or failure to complete the conditions of participation within
790 days, shall be considered a violation and the court shall
8continue the case for further proceedings under the Code of
9Criminal Procedure of 1963, as if the defendant had not
10participated in the Program.
 
11    (730 ILCS 5/5-6-3.8 new)
12    Sec. 5-6-3.8. Eligibility for programs restricted by
13felony background. Any conviction entered prior to the
14effective date of this amendatory Act of the 101st General
15Assembly for:
16    (1) felony possession of a controlled substance, or
17possession with intent to manufacture or deliver a controlled
18substance, in a total amount equal to or less than the amounts
19listed in subsection (a-5) of Section 402 of the Illinois
20Controlled Substances Act; or
21    (2) felony possession of methamphetamine, or possession
22with intent to deliver methamphetamine, in an amount less than
233 grams; or any adjudication of delinquency under the Juvenile
24Court Act of 1987 for acts that would have constituted those
25felonies if committed by an adult, shall be treated as a Class

 

 

10100HB2291ham002- 92 -LRB101 09407 RLC 71257 a

1A misdemeanor for the purposes of evaluating a defendant's
2eligibility for programs of qualified probation, impact
3incarceration, or any other diversion, deflection, probation,
4or other program for which felony background or delinquency
5background is a factor in determining eligibility.".