101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0200

 

Introduced 1/30/2019, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2
720 ILCS 5/1-6  from Ch. 38, par. 1-6
720 ILCS 5/17-56  was 720 ILCS 5/16-1.3

    Amends the Criminal Identification Act. Provides that the court shall not order the sealing of the records of arrests or charges not initiated by arrest which result in an order of supervision or a conviction for the following offenses: abuse or criminal neglect of a long term care facility resident; criminal abuse or neglect of an elderly person or person with a disability; aggravated financial exploitation of an elderly person or a person with a disability; and aggravated identity theft against a person 60 years of age or older or a person with a disability. Amends the Criminal Code of 2012. Provides that a person who commits financial exploitation of an elderly person or a person with a disability may be tried in any one of the following counties in which: (1) any part of the offense occurred; or (2) the victim or one of the victims reside. Provides that consent shall not be a defense to financial exploitation of an elderly person or person with a disability if the accused knew or had reason to know that the elderly person or person with a disability lacked capacity to consent. Makes technical changes.


LRB101 06627 SLF 51654 b

 

 

A BILL FOR

 

SB0200LRB101 06627 SLF 51654 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement, sealing, and immediate sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

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1                (x) Parole (730 ILCS 5/5-1-16),
2                (xi) Petty Offense (730 ILCS 5/5-1-17),
3                (xii) Probation (730 ILCS 5/5-1-18),
4                (xiii) Sentence (730 ILCS 5/5-1-19),
5                (xiv) Supervision (730 ILCS 5/5-1-21), and
6                (xv) Victim (730 ILCS 5/5-1-22).
7            (B) As used in this Section, "charge not initiated
8        by arrest" means a charge (as defined by 730 ILCS
9        5/5-1-3) brought against a defendant where the
10        defendant is not arrested prior to or as a direct
11        result of the charge.
12            (C) "Conviction" means a judgment of conviction or
13        sentence entered upon a plea of guilty or upon a
14        verdict or finding of guilty of an offense, rendered by
15        a legally constituted jury or by a court of competent
16        jurisdiction authorized to try the case without a jury.
17        An order of supervision successfully completed by the
18        petitioner is not a conviction. An order of qualified
19        probation (as defined in subsection (a)(1)(J))
20        successfully completed by the petitioner is not a
21        conviction. An order of supervision or an order of
22        qualified probation that is terminated
23        unsatisfactorily is a conviction, unless the
24        unsatisfactory termination is reversed, vacated, or
25        modified and the judgment of conviction, if any, is
26        reversed or vacated.

 

 

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1            (D) "Criminal offense" means a petty offense,
2        business offense, misdemeanor, felony, or municipal
3        ordinance violation (as defined in subsection
4        (a)(1)(H)). As used in this Section, a minor traffic
5        offense (as defined in subsection (a)(1)(G)) shall not
6        be considered a criminal offense.
7            (E) "Expunge" means to physically destroy the
8        records or return them to the petitioner and to
9        obliterate the petitioner's name from any official
10        index or public record, or both. Nothing in this Act
11        shall require the physical destruction of the circuit
12        court file, but such records relating to arrests or
13        charges, or both, ordered expunged shall be impounded
14        as required by subsections (d)(9)(A)(ii) and
15        (d)(9)(B)(ii).
16            (F) As used in this Section, "last sentence" means
17        the sentence, order of supervision, or order of
18        qualified probation (as defined by subsection
19        (a)(1)(J)), for a criminal offense (as defined by
20        subsection (a)(1)(D)) that terminates last in time in
21        any jurisdiction, regardless of whether the petitioner
22        has included the criminal offense for which the
23        sentence or order of supervision or qualified
24        probation was imposed in his or her petition. If
25        multiple sentences, orders of supervision, or orders
26        of qualified probation terminate on the same day and

 

 

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1        are last in time, they shall be collectively considered
2        the "last sentence" regardless of whether they were
3        ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (H) "Municipal ordinance violation" means an
9        offense defined by a municipal or local ordinance that
10        is criminal in nature and with which the petitioner was
11        charged or for which the petitioner was arrested and
12        released without charging.
13            (I) "Petitioner" means an adult or a minor
14        prosecuted as an adult who has applied for relief under
15        this Section.
16            (J) "Qualified probation" means an order of
17        probation under Section 10 of the Cannabis Control Act,
18        Section 410 of the Illinois Controlled Substances Act,
19        Section 70 of the Methamphetamine Control and
20        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
21        of the Unified Code of Corrections, Section
22        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
23        those provisions existed before their deletion by
24        Public Act 89-313), Section 10-102 of the Illinois
25        Alcoholism and Other Drug Dependency Act, Section
26        40-10 of the Substance Use Disorder Act, or Section 10

 

 

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1        of the Steroid Control Act. For the purpose of this
2        Section, "successful completion" of an order of
3        qualified probation under Section 10-102 of the
4        Illinois Alcoholism and Other Drug Dependency Act and
5        Section 40-10 of the Substance Use Disorder Act means
6        that the probation was terminated satisfactorily and
7        the judgment of conviction was vacated.
8            (K) "Seal" means to physically and electronically
9        maintain the records, unless the records would
10        otherwise be destroyed due to age, but to make the
11        records unavailable without a court order, subject to
12        the exceptions in Sections 12 and 13 of this Act. The
13        petitioner's name shall also be obliterated from the
14        official index required to be kept by the circuit court
15        clerk under Section 16 of the Clerks of Courts Act, but
16        any index issued by the circuit court clerk before the
17        entry of the order to seal shall not be affected.
18            (L) "Sexual offense committed against a minor"
19        includes but is not limited to the offenses of indecent
20        solicitation of a child or criminal sexual abuse when
21        the victim of such offense is under 18 years of age.
22            (M) "Terminate" as it relates to a sentence or
23        order of supervision or qualified probation includes
24        either satisfactory or unsatisfactory termination of
25        the sentence, unless otherwise specified in this
26        Section. A sentence is terminated notwithstanding any

 

 

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1        outstanding financial legal obligation.
2        (2) Minor Traffic Offenses. Orders of supervision or
3    convictions for minor traffic offenses shall not affect a
4    petitioner's eligibility to expunge or seal records
5    pursuant to this Section.
6        (2.5) Commencing 180 days after July 29, 2016 (the
7    effective date of Public Act 99-697), the law enforcement
8    agency issuing the citation shall automatically expunge,
9    on or before January 1 and July 1 of each year, the law
10    enforcement records of a person found to have committed a
11    civil law violation of subsection (a) of Section 4 of the
12    Cannabis Control Act or subsection (c) of Section 3.5 of
13    the Drug Paraphernalia Control Act in the law enforcement
14    agency's possession or control and which contains the final
15    satisfactory disposition which pertain to the person
16    issued a citation for that offense. The law enforcement
17    agency shall provide by rule the process for access,
18    review, and to confirm the automatic expungement by the law
19    enforcement agency issuing the citation. Commencing 180
20    days after July 29, 2016 (the effective date of Public Act
21    99-697), the clerk of the circuit court shall expunge, upon
22    order of the court, or in the absence of a court order on
23    or before January 1 and July 1 of each year, the court
24    records of a person found in the circuit court to have
25    committed a civil law violation of subsection (a) of
26    Section 4 of the Cannabis Control Act or subsection (c) of

 

 

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1    Section 3.5 of the Drug Paraphernalia Control Act in the
2    clerk's possession or control and which contains the final
3    satisfactory disposition which pertain to the person
4    issued a citation for any of those offenses.
5        (3) Exclusions. Except as otherwise provided in
6    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
7    of this Section, the court shall not order:
8            (A) the sealing or expungement of the records of
9        arrests or charges not initiated by arrest that result
10        in an order of supervision for or conviction of: (i)
11        any sexual offense committed against a minor; (ii)
12        Section 11-501 of the Illinois Vehicle Code or a
13        similar provision of a local ordinance; or (iii)
14        Section 11-503 of the Illinois Vehicle Code or a
15        similar provision of a local ordinance, unless the
16        arrest or charge is for a misdemeanor violation of
17        subsection (a) of Section 11-503 or a similar provision
18        of a local ordinance, that occurred prior to the
19        offender reaching the age of 25 years and the offender
20        has no other conviction for violating Section 11-501 or
21        11-503 of the Illinois Vehicle Code or a similar
22        provision of a local ordinance.
23            (B) the sealing or expungement of records of minor
24        traffic offenses (as defined in subsection (a)(1)(G)),
25        unless the petitioner was arrested and released
26        without charging.

 

 

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1            (C) the sealing of the records of arrests or
2        charges not initiated by arrest which result in an
3        order of supervision or a conviction for the following
4        offenses:
5                (i) offenses included in Article 11 of the
6            Criminal Code of 1961 or the Criminal Code of 2012
7            or a similar provision of a local ordinance, except
8            Section 11-14 and a misdemeanor violation of
9            Section 11-30 of the Criminal Code of 1961 or the
10            Criminal Code of 2012, or a similar provision of a
11            local ordinance;
12                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
13            26-5, or 48-1 of the Criminal Code of 1961 or the
14            Criminal Code of 2012, or a similar provision of a
15            local ordinance;
16                (iii) Sections 12-3.1 or 12-3.2 of the
17            Criminal Code of 1961 or the Criminal Code of 2012,
18            or Section 125 of the Stalking No Contact Order
19            Act, or Section 219 of the Civil No Contact Order
20            Act, or a similar provision of a local ordinance;
21                (iv) Class A misdemeanors or felony offenses
22            under the Humane Care for Animals Act; or
23                (v) any offense or attempted offense that
24            would subject a person to registration under the
25            Sex Offender Registration Act; or .
26                (vi) Section 12-21, 12-4.4a, 16-1.3, 16G-20,

 

 

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1            17-56, or paragraph (1) of subsection (a) of
2            Section 16-30 of the Criminal Code of 1961 or the
3            Criminal Code of 2012, or a similar provision of a
4            local ordinance.
5            (D) (blank).
6    (b) Expungement.
7        (1) A petitioner may petition the circuit court to
8    expunge the records of his or her arrests and charges not
9    initiated by arrest when each arrest or charge not
10    initiated by arrest sought to be expunged resulted in: (i)
11    acquittal, dismissal, or the petitioner's release without
12    charging, unless excluded by subsection (a)(3)(B); (ii) a
13    conviction which was vacated or reversed, unless excluded
14    by subsection (a)(3)(B); (iii) an order of supervision and
15    such supervision was successfully completed by the
16    petitioner, unless excluded by subsection (a)(3)(A) or
17    (a)(3)(B); or (iv) an order of qualified probation (as
18    defined in subsection (a)(1)(J)) and such probation was
19    successfully completed by the petitioner.
20        (1.5) When a petitioner seeks to have a record of
21    arrest expunged under this Section, and the offender has
22    been convicted of a criminal offense, the State's Attorney
23    may object to the expungement on the grounds that the
24    records contain specific relevant information aside from
25    the mere fact of the arrest.
26        (2) Time frame for filing a petition to expunge.

 

 

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1            (A) When the arrest or charge not initiated by
2        arrest sought to be expunged resulted in an acquittal,
3        dismissal, the petitioner's release without charging,
4        or the reversal or vacation of a conviction, there is
5        no waiting period to petition for the expungement of
6        such records.
7            (B) When the arrest or charge not initiated by
8        arrest sought to be expunged resulted in an order of
9        supervision, successfully completed by the petitioner,
10        the following time frames will apply:
11                (i) Those arrests or charges that resulted in
12            orders of supervision under Section 3-707, 3-708,
13            3-710, or 5-401.3 of the Illinois Vehicle Code or a
14            similar provision of a local ordinance, or under
15            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
16            Code of 1961 or the Criminal Code of 2012, or a
17            similar provision of a local ordinance, shall not
18            be eligible for expungement until 5 years have
19            passed following the satisfactory termination of
20            the supervision.
21                (i-5) Those arrests or charges that resulted
22            in orders of supervision for a misdemeanor
23            violation of subsection (a) of Section 11-503 of
24            the Illinois Vehicle Code or a similar provision of
25            a local ordinance, that occurred prior to the
26            offender reaching the age of 25 years and the

 

 

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1            offender has no other conviction for violating
2            Section 11-501 or 11-503 of the Illinois Vehicle
3            Code or a similar provision of a local ordinance
4            shall not be eligible for expungement until the
5            petitioner has reached the age of 25 years.
6                (ii) Those arrests or charges that resulted in
7            orders of supervision for any other offenses shall
8            not be eligible for expungement until 2 years have
9            passed following the satisfactory termination of
10            the supervision.
11            (C) When the arrest or charge not initiated by
12        arrest sought to be expunged resulted in an order of
13        qualified probation, successfully completed by the
14        petitioner, such records shall not be eligible for
15        expungement until 5 years have passed following the
16        satisfactory termination of the probation.
17        (3) Those records maintained by the Department for
18    persons arrested prior to their 17th birthday shall be
19    expunged as provided in Section 5-915 of the Juvenile Court
20    Act of 1987.
21        (4) Whenever a person has been arrested for or
22    convicted of any offense, in the name of a person whose
23    identity he or she has stolen or otherwise come into
24    possession of, the aggrieved person from whom the identity
25    was stolen or otherwise obtained without authorization,
26    upon learning of the person having been arrested using his

 

 

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1    or her identity, may, upon verified petition to the chief
2    judge of the circuit wherein the arrest was made, have a
3    court order entered nunc pro tunc by the Chief Judge to
4    correct the arrest record, conviction record, if any, and
5    all official records of the arresting authority, the
6    Department, other criminal justice agencies, the
7    prosecutor, and the trial court concerning such arrest, if
8    any, by removing his or her name from all such records in
9    connection with the arrest and conviction, if any, and by
10    inserting in the records the name of the offender, if known
11    or ascertainable, in lieu of the aggrieved's name. The
12    records of the circuit court clerk shall be sealed until
13    further order of the court upon good cause shown and the
14    name of the aggrieved person obliterated on the official
15    index required to be kept by the circuit court clerk under
16    Section 16 of the Clerks of Courts Act, but the order shall
17    not affect any index issued by the circuit court clerk
18    before the entry of the order. Nothing in this Section
19    shall limit the Department of State Police or other
20    criminal justice agencies or prosecutors from listing
21    under an offender's name the false names he or she has
22    used.
23        (5) Whenever a person has been convicted of criminal
24    sexual assault, aggravated criminal sexual assault,
25    predatory criminal sexual assault of a child, criminal
26    sexual abuse, or aggravated criminal sexual abuse, the

 

 

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1    victim of that offense may request that the State's
2    Attorney of the county in which the conviction occurred
3    file a verified petition with the presiding trial judge at
4    the petitioner's trial to have a court order entered to
5    seal the records of the circuit court clerk in connection
6    with the proceedings of the trial court concerning that
7    offense. However, the records of the arresting authority
8    and the Department of State Police concerning the offense
9    shall not be sealed. The court, upon good cause shown,
10    shall make the records of the circuit court clerk in
11    connection with the proceedings of the trial court
12    concerning the offense available for public inspection.
13        (6) If a conviction has been set aside on direct review
14    or on collateral attack and the court determines by clear
15    and convincing evidence that the petitioner was factually
16    innocent of the charge, the court that finds the petitioner
17    factually innocent of the charge shall enter an expungement
18    order for the conviction for which the petitioner has been
19    determined to be innocent as provided in subsection (b) of
20    Section 5-5-4 of the Unified Code of Corrections.
21        (7) Nothing in this Section shall prevent the
22    Department of State Police from maintaining all records of
23    any person who is admitted to probation upon terms and
24    conditions and who fulfills those terms and conditions
25    pursuant to Section 10 of the Cannabis Control Act, Section
26    410 of the Illinois Controlled Substances Act, Section 70

 

 

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1    of the Methamphetamine Control and Community Protection
2    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
3    Corrections, Section 12-4.3 or subdivision (b)(1) of
4    Section 12-3.05 of the Criminal Code of 1961 or the
5    Criminal Code of 2012, Section 10-102 of the Illinois
6    Alcoholism and Other Drug Dependency Act, Section 40-10 of
7    the Substance Use Disorder Act, or Section 10 of the
8    Steroid Control Act.
9        (8) If the petitioner has been granted a certificate of
10    innocence under Section 2-702 of the Code of Civil
11    Procedure, the court that grants the certificate of
12    innocence shall also enter an order expunging the
13    conviction for which the petitioner has been determined to
14    be innocent as provided in subsection (h) of Section 2-702
15    of the Code of Civil Procedure.
16    (c) Sealing.
17        (1) Applicability. Notwithstanding any other provision
18    of this Act to the contrary, and cumulative with any rights
19    to expungement of criminal records, this subsection
20    authorizes the sealing of criminal records of adults and of
21    minors prosecuted as adults. Subsection (g) of this Section
22    provides for immediate sealing of certain records.
23        (2) Eligible Records. The following records may be
24    sealed:
25            (A) All arrests resulting in release without
26        charging;

 

 

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1            (B) Arrests or charges not initiated by arrest
2        resulting in acquittal, dismissal, or conviction when
3        the conviction was reversed or vacated, except as
4        excluded by subsection (a)(3)(B);
5            (C) Arrests or charges not initiated by arrest
6        resulting in orders of supervision, including orders
7        of supervision for municipal ordinance violations,
8        successfully completed by the petitioner, unless
9        excluded by subsection (a)(3);
10            (D) Arrests or charges not initiated by arrest
11        resulting in convictions, including convictions on
12        municipal ordinance violations, unless excluded by
13        subsection (a)(3);
14            (E) Arrests or charges not initiated by arrest
15        resulting in orders of first offender probation under
16        Section 10 of the Cannabis Control Act, Section 410 of
17        the Illinois Controlled Substances Act, Section 70 of
18        the Methamphetamine Control and Community Protection
19        Act, or Section 5-6-3.3 of the Unified Code of
20        Corrections; and
21            (F) Arrests or charges not initiated by arrest
22        resulting in felony convictions unless otherwise
23        excluded by subsection (a) paragraph (3) of this
24        Section.
25        (3) When Records Are Eligible to Be Sealed. Records
26    identified as eligible under subsection (c)(2) may be

 

 

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

 

 

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

 

 

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

 

 

SB0200- 19 -LRB101 06627 SLF 51654 b

1    on and after January 1, 2019.
2        (2) Contents of petition. The petition shall be
3    verified and shall contain the petitioner's name, date of
4    birth, current address and, for each arrest or charge not
5    initiated by arrest sought to be sealed or expunged, the
6    case number, the date of arrest (if any), the identity of
7    the arresting authority, and such other information as the
8    court may require. During the pendency of the proceeding,
9    the petitioner shall promptly notify the circuit court
10    clerk of any change of his or her address. If the
11    petitioner has received a certificate of eligibility for
12    sealing from the Prisoner Review Board under paragraph (10)
13    of subsection (a) of Section 3-3-2 of the Unified Code of
14    Corrections, the certificate shall be attached to the
15    petition.
16        (3) Drug test. The petitioner must attach to the
17    petition proof that the petitioner has passed a test taken
18    within 30 days before the filing of the petition showing
19    the absence within his or her body of all illegal
20    substances as defined by the Illinois Controlled
21    Substances Act, the Methamphetamine Control and Community
22    Protection Act, and the Cannabis Control Act if he or she
23    is petitioning to:
24            (A) seal felony records under clause (c)(2)(E);
25            (B) seal felony records for a violation of the
26        Illinois Controlled Substances Act, the

 

 

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1        Methamphetamine Control and Community Protection Act,
2        or the Cannabis Control Act under clause (c)(2)(F);
3            (C) seal felony records under subsection (e-5); or
4            (D) expunge felony records of a qualified
5        probation under clause (b)(1)(iv).
6        (4) Service of petition. The circuit court clerk shall
7    promptly serve a copy of the petition and documentation to
8    support the petition under subsection (e-5) or (e-6) on the
9    State's Attorney or prosecutor charged with the duty of
10    prosecuting the offense, the Department of State Police,
11    the arresting agency and the chief legal officer of the
12    unit of local government effecting the arrest.
13        (5) Objections.
14            (A) Any party entitled to notice of the petition
15        may file an objection to the petition. All objections
16        shall be in writing, shall be filed with the circuit
17        court clerk, and shall state with specificity the basis
18        of the objection. Whenever a person who has been
19        convicted of an offense is granted a pardon by the
20        Governor which specifically authorizes expungement, an
21        objection to the petition may not be filed.
22            (B) Objections to a petition to expunge or seal
23        must be filed within 60 days of the date of service of
24        the petition.
25        (6) Entry of order.
26            (A) The Chief Judge of the circuit wherein the

 

 

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1        charge was brought, any judge of that circuit
2        designated by the Chief Judge, or in counties of less
3        than 3,000,000 inhabitants, the presiding trial judge
4        at the petitioner's trial, if any, shall rule on the
5        petition to expunge or seal as set forth in this
6        subsection (d)(6).
7            (B) Unless the State's Attorney or prosecutor, the
8        Department of State Police, the arresting agency, or
9        the chief legal officer files an objection to the
10        petition to expunge or seal within 60 days from the
11        date of service of the petition, the court shall enter
12        an order granting or denying the petition.
13            (C) Notwithstanding any other provision of law,
14        the court shall not deny a petition for sealing under
15        this Section because the petitioner has not satisfied
16        an outstanding legal financial obligation established,
17        imposed, or originated by a court, law enforcement
18        agency, or a municipal, State, county, or other unit of
19        local government, including, but not limited to, any
20        cost, assessment, fine, or fee. An outstanding legal
21        financial obligation does not include any court
22        ordered restitution to a victim under Section 5-5-6 of
23        the Unified Code of Corrections, unless the
24        restitution has been converted to a civil judgment.
25        Nothing in this subparagraph (C) waives, rescinds, or
26        abrogates a legal financial obligation or otherwise

 

 

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1        eliminates or affects the right of the holder of any
2        financial obligation to pursue collection under
3        applicable federal, State, or local law.
4        (7) Hearings. If an objection is filed, the court shall
5    set a date for a hearing and notify the petitioner and all
6    parties entitled to notice of the petition of the hearing
7    date at least 30 days prior to the hearing. Prior to the
8    hearing, the State's Attorney shall consult with the
9    Department as to the appropriateness of the relief sought
10    in the petition to expunge or seal. At the hearing, the
11    court shall hear evidence on whether the petition should or
12    should not be granted, and shall grant or deny the petition
13    to expunge or seal the records based on the evidence
14    presented at the hearing. The court may consider the
15    following:
16            (A) the strength of the evidence supporting the
17        defendant's conviction;
18            (B) the reasons for retention of the conviction
19        records by the State;
20            (C) the petitioner's age, criminal record history,
21        and employment history;
22            (D) the period of time between the petitioner's
23        arrest on the charge resulting in the conviction and
24        the filing of the petition under this Section; and
25            (E) the specific adverse consequences the
26        petitioner may be subject to if the petition is denied.

 

 

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1        (8) Service of order. After entering an order to
2    expunge or seal records, the court must provide copies of
3    the order to the Department, in a form and manner
4    prescribed by the Department, to the petitioner, to the
5    State's Attorney or prosecutor charged with the duty of
6    prosecuting the offense, to the arresting agency, to the
7    chief legal officer of the unit of local government
8    effecting the arrest, and to such other criminal justice
9    agencies as may be ordered by the court.
10        (9) Implementation of order.
11            (A) Upon entry of an order to expunge records
12        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
13                (i) the records shall be expunged (as defined
14            in subsection (a)(1)(E)) by the arresting agency,
15            the Department, and any other agency as ordered by
16            the court, within 60 days of the date of service of
17            the order, unless a motion to vacate, modify, or
18            reconsider the order is filed pursuant to
19            paragraph (12) of subsection (d) of this Section;
20                (ii) the records of the circuit court clerk
21            shall be impounded until further order of the court
22            upon good cause shown and the name of the
23            petitioner obliterated on the official index
24            required to be kept by the circuit court clerk
25            under Section 16 of the Clerks of Courts Act, but
26            the order shall not affect any index issued by the

 

 

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

 

 

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

 

 

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

 

 

SB0200- 27 -LRB101 06627 SLF 51654 b

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

 

 

SB0200- 28 -LRB101 06627 SLF 51654 b

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

 

 

SB0200- 29 -LRB101 06627 SLF 51654 b

1    with the sealing or expungement of records by the circuit
2    court clerk. From the total filing fee collected for the
3    petition to seal or expunge, the circuit court clerk shall
4    deposit $10 into the Circuit Court Clerk Operation and
5    Administrative Fund, to be used to offset the costs
6    incurred by the circuit court clerk in performing the
7    additional duties required to serve the petition to seal or
8    expunge on all parties. The circuit court clerk shall
9    collect and forward the Department of State Police portion
10    of the fee to the Department and it shall be deposited in
11    the State Police Services Fund. If the record brought under
12    an expungement petition was previously sealed under this
13    Section, the fee for the expungement petition for that same
14    record shall be waived.
15        (11) Final Order. No court order issued under the
16    expungement or sealing provisions of this Section shall
17    become final for purposes of appeal until 30 days after
18    service of the order on the petitioner and all parties
19    entitled to notice of the petition.
20        (12) Motion to Vacate, Modify, or Reconsider. Under
21    Section 2-1203 of the Code of Civil Procedure, the
22    petitioner or any party entitled to notice may file a
23    motion to vacate, modify, or reconsider the order granting
24    or denying the petition to expunge or seal within 60 days
25    of service of the order. If filed more than 60 days after
26    service of the order, a petition to vacate, modify, or

 

 

SB0200- 30 -LRB101 06627 SLF 51654 b

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

 

 

SB0200- 31 -LRB101 06627 SLF 51654 b

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

 

 

SB0200- 32 -LRB101 06627 SLF 51654 b

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

 

 

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

 

 

SB0200- 34 -LRB101 06627 SLF 51654 b

1further order of the court upon good cause shown or as
2otherwise provided herein, and the name of the petitioner
3obliterated from the official index requested to be kept by the
4circuit court clerk under Section 16 of the Clerks of Courts
5Act in connection with the arrest and conviction for the
6offense for which he or she had been granted the certificate
7but the order shall not affect any index issued by the circuit
8court clerk before the entry of the order. All records sealed
9by the Department 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 expunged records of the Department
16pertaining to that individual. Upon entry of the order of
17expungement, the circuit court clerk shall promptly mail a copy
18of the order to the person who was granted the certificate of
19eligibility for expungement.
20    (f) Subject to available funding, the Illinois Department
21of Corrections shall conduct a study of the impact of sealing,
22especially on employment and recidivism rates, utilizing a
23random sample of those who apply for the sealing of their
24criminal records under Public Act 93-211. At the request of the
25Illinois Department of Corrections, records of the Illinois
26Department of Employment Security shall be utilized as

 

 

SB0200- 35 -LRB101 06627 SLF 51654 b

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

 

 

SB0200- 36 -LRB101 06627 SLF 51654 b

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

 

 

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1            (C) Drug Test. The petitioner shall not be required
2        to attach proof that he or she has passed a drug test.
3            (D) Service of Petition. A copy of the petition
4        shall be served on the State's Attorney in open court.
5        The petitioner shall not be required to serve a copy of
6        the petition on any other agency.
7            (E) Entry of Order. The presiding trial judge shall
8        enter an order granting or denying the petition for
9        immediate sealing during the hearing in which it is
10        filed. Petitions for immediate sealing shall be ruled
11        on in the same hearing in which the final disposition
12        of the case is entered.
13            (F) Hearings. The court shall hear the petition for
14        immediate sealing on the same day and during the same
15        hearing in which the disposition is rendered.
16            (G) Service of Order. An order to immediately seal
17        eligible records shall be served in conformance with
18        subsection (d)(8).
19            (H) Implementation of Order. An order to
20        immediately seal records shall be implemented in
21        conformance with subsections (d)(9)(C) and (d)(9)(D).
22            (I) Fees. The fee imposed by the circuit court
23        clerk and the Department of State Police shall comply
24        with paragraph (1) of subsection (d) of this Section.
25            (J) Final Order. No court order issued under this
26        subsection (g) shall become final for purposes of

 

 

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1        appeal until 30 days after service of the order on the
2        petitioner and all parties entitled to service of the
3        order in conformance with subsection (d)(8).
4            (K) Motion to Vacate, Modify, or Reconsider. Under
5        Section 2-1203 of the Code of Civil Procedure, the
6        petitioner, State's Attorney, or the Department of
7        State Police may file a motion to vacate, modify, or
8        reconsider the order denying the petition to
9        immediately seal within 60 days of service of the
10        order. If filed more than 60 days after service of the
11        order, a petition to vacate, modify, or reconsider
12        shall comply with subsection (c) of Section 2-1401 of
13        the Code of Civil Procedure.
14            (L) Effect of Order. An order granting an immediate
15        sealing petition shall not be considered void because
16        it fails to comply with the provisions of this Section
17        or because of an error asserted in a motion to vacate,
18        modify, or reconsider. The circuit court retains
19        jurisdiction to determine whether the order is
20        voidable, and to vacate, modify, or reconsider its
21        terms based on a motion filed under subparagraph (L) of
22        this subsection (g).
23            (M) Compliance with Order Granting Petition to
24        Seal Records. Unless a court has entered a stay of an
25        order granting a petition to immediately seal, all
26        parties entitled to service of the order must fully

 

 

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1        comply with the terms of the order within 60 days of
2        service of the order.
3    (h) Sealing; trafficking victims.
4        (1) A trafficking victim as defined by paragraph (10)
5    of subsection (a) of Section 10-9 of the Criminal Code of
6    2012 shall be eligible to petition for immediate sealing of
7    his or her criminal record upon the completion of his or
8    her last sentence if his or her participation in the
9    underlying offense was a direct result of human trafficking
10    under Section 10-9 of the Criminal Code of 2012 or a severe
11    form of trafficking under the federal Trafficking Victims
12    Protection Act.
13        (2) A petitioner under this subsection (h), in addition
14    to the requirements provided under paragraph (4) of
15    subsection (d) of this Section, shall include in his or her
16    petition a clear and concise statement that: (A) he or she
17    was a victim of human trafficking at the time of the
18    offense; and (B) that his or her participation in the
19    offense was a direct result of human trafficking under
20    Section 10-9 of the Criminal Code of 2012 or a severe form
21    of trafficking under the federal Trafficking Victims
22    Protection Act.
23        (3) If an objection is filed alleging that the
24    petitioner is not entitled to immediate sealing under this
25    subsection (h), the court shall conduct a hearing under
26    paragraph (7) of subsection (d) of this Section and the

 

 

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1    court shall determine whether the petitioner is entitled to
2    immediate sealing under this subsection (h). A petitioner
3    is eligible for immediate relief under this subsection (h)
4    if he or she shows, by a preponderance of the evidence,
5    that: (A) he or she was a victim of human trafficking at
6    the time of the offense; and (B) that his or her
7    participation in the offense was a direct result of human
8    trafficking under Section 10-9 of the Criminal Code of 2012
9    or a severe form of trafficking under the federal
10    Trafficking Victims Protection Act.
11(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
12eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
1399-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
141-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692,
15eff. 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18;
16100-863, eff. 8-14-18; revised 8-30-18.)
 
17    Section 10. The Criminal Code of 2012 is amended by
18changing Sections 17-56 and 1-6 as follows:
 
19    (720 ILCS 5/1-6)  (from Ch. 38, par. 1-6)
20    Sec. 1-6. Place of trial.
21    (a) Generally.
22    Criminal actions shall be tried in the county where the
23offense was committed, except as otherwise provided by law. The
24State is not required to prove during trial that the alleged

 

 

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1offense occurred in any particular county in this State. When a
2defendant contests the place of trial under this Section, all
3proceedings regarding this issue shall be conducted under
4Section 114-1 of the Code of Criminal Procedure of 1963. All
5objections of improper place of trial are waived by a defendant
6unless made before trial.
7    (b) Assailant and Victim in Different Counties.
8    If a person committing an offense upon the person of
9another is located in one county and his victim is located in
10another county at the time of the commission of the offense,
11trial may be had in either of said counties.
12    (c) Death and Cause of Death in Different Places or
13Undetermined.
14    If cause of death is inflicted in one county and death
15ensues in another county, the offender may be tried in either
16county. If neither the county in which the cause of death was
17inflicted nor the county in which death ensued are known before
18trial, the offender may be tried in the county where the body
19was found.
20    (d) Offense Commenced Outside the State.
21    If the commission of an offense commenced outside the State
22is consummated within this State, the offender shall be tried
23in the county where the offense is consummated.
24    (e) Offenses Committed in Bordering Navigable Waters.
25    If an offense is committed on any of the navigable waters
26bordering on this State, the offender may be tried in any

 

 

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1county adjacent to such navigable water.
2    (f) Offenses Committed while in Transit.
3    If an offense is committed upon any railroad car, vehicle,
4watercraft or aircraft passing within this State, and it cannot
5readily be determined in which county the offense was
6committed, the offender may be tried in any county through
7which such railroad car, vehicle, watercraft or aircraft has
8passed.
9    (g) Theft.
10    A person who commits theft of property may be tried in any
11county in which he or she exerted control over such property.
12    (h) Bigamy.
13    A person who commits the offense of bigamy may be tried in
14any county where the bigamous marriage or bigamous cohabitation
15has occurred.
16    (i) Kidnaping.
17    A person who commits the offense of kidnaping may be tried
18in any county in which his or her victim has traveled or has
19been confined during the course of the offense.
20    (j) Pandering.
21    A person who commits the offense of pandering as set forth
22in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be
23tried in any county in which the prostitution was practiced or
24in any county in which any act in furtherance of the offense
25shall have been committed.
26    (k) Treason.

 

 

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1    A person who commits the offense of treason may be tried in
2any county.
3    (l) Criminal Defamation.
4    If criminal defamation is spoken, printed or written in one
5county and is received or circulated in another or other
6counties, the offender shall be tried in the county where the
7defamation is spoken, printed or written. If the defamation is
8spoken, printed or written outside this state, or the offender
9resides outside this state, the offender may be tried in any
10county in this state in which the defamation was circulated or
11received.
12    (m) Inchoate Offenses.
13    A person who commits an inchoate offense may be tried in
14any county in which any act which is an element of the offense,
15including the agreement in conspiracy, is committed.
16    (n) Accountability for Conduct of Another.
17    Where a person in one county solicits, aids, abets, agrees,
18or attempts to aid another in the planning or commission of an
19offense in another county, he or she may be tried for the
20offense in either county.
21    (o) Child Abduction.
22    A person who commits the offense of child abduction may be
23tried in any county in which his or her victim has traveled,
24been detained, concealed or removed to during the course of the
25offense. Notwithstanding the foregoing, unless for good cause
26shown, the preferred place of trial shall be the county of the

 

 

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1residence of the lawful custodian.
2    (p) A person who commits the offense of narcotics
3racketeering may be tried in any county where cannabis or a
4controlled substance which is the basis for the charge of
5narcotics racketeering was used; acquired; transferred or
6distributed to, from or through; or any county where any act
7was performed to further the use; acquisition, transfer or
8distribution of said cannabis or controlled substance; any
9money, property, property interest, or any other asset
10generated by narcotics activities was acquired, used, sold,
11transferred or distributed to, from or through; or, any
12enterprise interest obtained as a result of narcotics
13racketeering was acquired, used, transferred or distributed
14to, from or through, or where any activity was conducted by the
15enterprise or any conduct to further the interests of such an
16enterprise.
17    (q) A person who commits the offense of money laundering
18may be tried in any county where any part of a financial
19transaction in criminally derived property took place or in any
20county where any money or monetary instrument which is the
21basis for the offense was acquired, used, sold, transferred or
22distributed to, from or through.
23    (r) A person who commits the offense of cannabis
24trafficking or controlled substance trafficking may be tried in
25any county.
26    (s) A person who commits the offense of online sale of

 

 

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1stolen property, online theft by deception, or electronic
2fencing may be tried in any county where any one or more
3elements of the offense took place, regardless of whether the
4element of the offense was the result of acts by the accused,
5the victim or by another person, and regardless of whether the
6defendant was ever physically present within the boundaries of
7the county.
8    (t) A person who commits the offense of identity theft or
9aggravated identity theft may be tried in any one of the
10following counties in which: (1) the offense occurred; (2) the
11information used to commit the offense was illegally used; or
12(3) the victim resides.
13    (u) A person who commits financial exploitation of an
14elderly person or a person with a disability may be tried in
15any one of the following counties in which: (1) any part of the
16offense occurred; or (2) the victim or one of the victims
17reside.
18    If a person is charged with more than one violation of
19identity theft or aggravated identity theft and those
20violations may be tried in more than one county, any of those
21counties is a proper venue for all of the violations.
22(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
23    (720 ILCS 5/17-56)  (was 720 ILCS 5/16-1.3)
24    Sec. 17-56. Financial exploitation of an elderly person or
25a person with a disability.

 

 

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1    (a) A person commits financial exploitation of an elderly
2person or a person with a disability when he or she stands in a
3position of trust or confidence with the elderly person or a
4person with a disability and he or she knowingly: and
5        (1) by deception or intimidation obtains control over
6    the property of an elderly person or a person with a
7    disability; or
8        (2) illegally uses the assets or resources of an
9    elderly person or a person with a disability.
10    (b) Sentence. Financial exploitation of an elderly person
11or a person with a disability is: (1) a Class 4 felony if the
12value of the property is $300 or less, (2) a Class 3 felony if
13the value of the property is more than $300 but less than
14$5,000, (3) a Class 2 felony if the value of the property is
15$5,000 or more but less than $50,000, and (4) a Class 1 felony
16if the value of the property is $50,000 or more or if the
17elderly person is over 70 years of age and the value of the
18property is $15,000 or more or if the elderly person is 80
19years of age or older and the value of the property is $5,000
20or more.
21    (c) For purposes of this Section:
22        (1) "Elderly person" means a person 60 years of age or
23    older.
24        (2) "Person with a disability" means a person who
25    suffers from a physical or mental impairment resulting from
26    disease, injury, functional disorder or congenital

 

 

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1    condition that impairs the individual's mental or physical
2    ability to independently manage his or her property or
3    financial resources, or both.
4        (3) "Intimidation" means the communication to an
5    elderly person or a person with a disability that he or she
6    shall be deprived of food and nutrition, shelter,
7    prescribed medication or medical care and treatment or
8    conduct as provided in Section 12-6 of this Code.
9        (4) "Deception" means, in addition to its meaning as
10    defined in Section 15-4 of this Code, a misrepresentation
11    or concealment of material fact relating to the terms of a
12    contract or agreement entered into with the elderly person
13    or person with a disability or to the existing or
14    pre-existing condition of any of the property involved in
15    such contract or agreement; or the use or employment of any
16    misrepresentation, false pretense or false promise in
17    order to induce, encourage or solicit the elderly person or
18    person with a disability to enter into a contract or
19    agreement.
20    The illegal use of the assets or resources of an elderly
21person or a person with a disability includes, but is not
22limited to, the misappropriation of those assets or resources
23by undue influence, breach of a fiduciary relationship, fraud,
24deception, extortion, or use of the assets or resources
25contrary to law.
26    A person stands in a position of trust and confidence with

 

 

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1an elderly person or person with a disability when he or she
2(i) is a parent, spouse, adult child or other relative by blood
3or marriage of the elderly person or person with a disability,
4(ii) is a joint tenant or tenant in common with the elderly
5person or person with a disability, (iii) has a legal or
6fiduciary relationship with the elderly person or person with a
7disability, (iv) is a financial planning or investment
8professional, or (v) is a paid or unpaid caregiver for the
9elderly person or person with a disability.
10    (d) Limitations. Nothing in this Section shall be construed
11to limit the remedies available to the victim under the
12Illinois Domestic Violence Act of 1986.
13    (e) Good faith efforts. Nothing in this Section shall be
14construed to impose criminal liability on a person who has made
15a good faith effort to assist the elderly person or person with
16a disability in the management of his or her property, but
17through no fault of his or her own has been unable to provide
18such assistance.
19    (f) Not a defense. It shall not be a defense to financial
20exploitation of an elderly person or person with a disability
21that the accused reasonably believed that the victim was not an
22elderly person or person with a disability. Consent shall not
23be a defense to financial exploitation of an elderly person or
24person with a disability if the accused knew or had reason to
25know that the elderly person or person with a disability lacked
26capacity to consent.

 

 

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1    (g) Civil Liability. A civil cause of action exists for
2financial exploitation of an elderly person or a person with a
3disability as described in subsection (a) of this Section. A
4person against whom a civil judgment has been entered for
5financial exploitation of an elderly person or person with a
6disability shall be liable to the victim or to the estate of
7the victim in damages of treble the amount of the value of the
8property obtained, plus reasonable attorney fees and court
9costs. In a civil action under this subsection, the burden of
10proof that the defendant committed financial exploitation of an
11elderly person or a person with a disability as described in
12subsection (a) of this Section shall be by a preponderance of
13the evidence. This subsection shall be operative whether or not
14the defendant has been charged or convicted of the criminal
15offense as described in subsection (a) of this Section. This
16subsection (g) shall not limit or affect the right of any
17person to bring any cause of action or seek any remedy
18available under the common law, or other applicable law,
19arising out of the financial exploitation of an elderly person
20or a person with a disability.
21    (h) If a person is charged with financial exploitation of
22an elderly person or a person with a disability that involves
23the taking or loss of property valued at more than $5,000, a
24prosecuting attorney may file a petition with the circuit court
25of the county in which the defendant has been charged to freeze
26the assets of the defendant in an amount equal to but not

 

 

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1greater than the alleged value of lost or stolen property in
2the defendant's pending criminal proceeding for purposes of
3restitution to the victim. The burden of proof required to
4freeze the defendant's assets shall be by a preponderance of
5the evidence.
6(Source: P.A. 99-272, eff. 1-1-16.)