102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5425

 

Introduced 1/31/2022, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2
30 ILCS 105/6z-112

    Amends the Criminal Identification Act. Provides for expungement of misdemeanor and petty offense violations of ordinances that are similar to minor cannabis violations under State law. Also provides for the expungement of municipal ordinance and State law violations concerning drug paraphernalia used for cannabis. Provides that in relation to minor cannabis offenses as defined in the expungement, sealing, and immediate sealing statute, includes satisfactory terminations of supervision and satisfactory terminations of qualified probation in the disposition records for which the Illinois State Police shall identify and notify the Prisoner Review Board for the Board to make a confidential and privileged recommendation to the Governor as to whether to grant a pardon authorizing expungement for each of the records identified. Amends the State Finance Act. Provides that allocations to the clerks of the circuit court from the Cannabis Expungement Fund shall be appropriated to the Supreme Court for disbursement to the circuit clerks to be deposited into the Circuit Court Clerk Operation and Administrative Fund.


LRB102 23313 RLC 34481 b

 

 

A BILL FOR

 

HB5425LRB102 23313 RLC 34481 b

1    AN ACT concerning cannabis.
 
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 following Sections of the
14        Unified Code of Corrections, 730 ILCS 5/5-1-2 through
15        5/5-1-22:
16                (i) Business Offense, Section 5-1-2. (730 ILCS
17            5/5-1-2),
18                (ii) Charge, Section 5-1-3. (730 ILCS
19            5/5-1-3),
20                (iii) Court, Section 5-1-6. (730 ILCS
21            5/5-1-6),
22                (iv) Defendant, Section 5-1-7. (730 ILCS
23            5/5-1-7),

 

 

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1                (v) Felony, Section 5-1-9. (730 ILCS 5/5-1-9),
2                (vi) Imprisonment, Section 5-1-10. (730 ILCS
3            5/5-1-10),
4                (vii) Judgment, Section 5-1-12. (730 ILCS
5            5/5-1-12),
6                (viii) Misdemeanor, Section 5-1-14. (730 ILCS
7            5/5-1-14),
8                (ix) Offense, Section 5-1-15. (730 ILCS
9            5/5-1-15),
10                (x) Parole, Section 5-1-16. (730 ILCS
11            5/5-1-16),
12                (xi) Petty Offense, Section 5-1-17. (730 ILCS
13            5/5-1-17),
14                (xii) Probation, Section 5-1-18. (730 ILCS
15            5/5-1-18),
16                (xiii) Sentence, Section 5-1-19. (730 ILCS
17            5/5-1-19),
18                (xiv) Supervision, Section 5-1-21. (730 ILCS
19            5/5-1-21), and
20                (xv) Victim, Section 5-1-22. (730 ILCS
21            5/5-1-22).
22            (B) As used in this Section, "charge not initiated
23        by arrest" means a charge (as defined by Section 5-1-3
24        of the Unified Code of Corrections 730 ILCS 5/5-1-3)
25        brought against a defendant where the defendant is not
26        arrested prior to or as a direct result of the charge.

 

 

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1            (C) "Conviction" means a judgment of conviction or
2        sentence entered upon a plea of guilty or upon a
3        verdict or finding of guilty of an offense, rendered
4        by a legally constituted jury or by a court of
5        competent jurisdiction authorized to try the case
6        without a jury. An order of supervision successfully
7        completed by the petitioner is not a conviction. An
8        order of qualified probation (as defined in subsection
9        (a)(1)(J)) successfully completed by the petitioner is
10        not a conviction. An order of supervision or an order
11        of qualified probation that is terminated
12        unsatisfactorily is a conviction, unless the
13        unsatisfactory termination is reversed, vacated, or
14        modified and the judgment of conviction, if any, is
15        reversed or vacated.
16            (D) "Criminal offense" means a petty offense,
17        business offense, misdemeanor, felony, or municipal
18        ordinance violation (as defined in subsection
19        (a)(1)(H)). As used in this Section, a minor traffic
20        offense (as defined in subsection (a)(1)(G)) shall not
21        be considered a criminal offense.
22            (E) "Expunge" means to physically destroy the
23        records or return them to the petitioner and to
24        obliterate the petitioner's name from any official
25        index or public record, or both. Nothing in this Act
26        shall require the physical destruction of the circuit

 

 

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1        court file, but such records relating to arrests or
2        charges, or both, ordered expunged shall be impounded
3        as required by subsections (d)(9)(A)(ii) and
4        (d)(9)(B)(ii).
5            (F) As used in this Section, "last sentence" means
6        the sentence, order of supervision, or order of
7        qualified probation (as defined by subsection
8        (a)(1)(J)), for a criminal offense (as defined by
9        subsection (a)(1)(D)) that terminates last in time in
10        any jurisdiction, regardless of whether the petitioner
11        has included the criminal offense for which the
12        sentence or order of supervision or qualified
13        probation was imposed in his or her petition. If
14        multiple sentences, orders of supervision, or orders
15        of qualified probation terminate on the same day and
16        are last in time, they shall be collectively
17        considered the "last sentence" regardless of whether
18        they were ordered to run concurrently.
19            (G) "Minor traffic offense" means a petty offense,
20        business offense, or Class C misdemeanor under the
21        Illinois Vehicle Code or a similar provision of a
22        municipal or local ordinance.
23            (G-5) "Minor Cannabis Offense" means a violation
24        of Section 4 or 5 of the Cannabis Control Act
25        concerning not more than 30 grams of any substance
26        containing cannabis, provided the violation did not

 

 

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1        include a penalty enhancement under Section 7 of the
2        Cannabis Control Act and is not associated with an
3        arrest, conviction or other disposition for a violent
4        crime as defined in subsection (c) of Section 3 of the
5        Rights of Crime Victims and Witnesses Act.
6            (H) "Municipal ordinance violation" means an
7        offense defined by a municipal or local ordinance that
8        is criminal in nature and with which the petitioner
9        was charged or for which the petitioner was arrested
10        and released without charging.
11            (I) "Petitioner" means an adult or a minor
12        prosecuted as an adult who has applied for relief
13        under this Section.
14            (J) "Qualified probation" means an order of
15        probation under Section 10 of the Cannabis Control
16        Act, Section 410 of the Illinois Controlled Substances
17        Act, Section 70 of the Methamphetamine Control and
18        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
19        of the Unified Code of Corrections, Section
20        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
21        those provisions existed before their deletion by
22        Public Act 89-313), Section 10-102 of the Illinois
23        Alcoholism and Other Drug Dependency Act, Section
24        40-10 of the Substance Use Disorder Act, or Section 10
25        of the Steroid Control Act. For the purpose of this
26        Section, "successful completion" of an order of

 

 

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1        qualified probation under Section 10-102 of the
2        Illinois Alcoholism and Other Drug Dependency Act and
3        Section 40-10 of the Substance Use Disorder Act means
4        that the probation was terminated satisfactorily and
5        the judgment of conviction was vacated.
6            (K) "Seal" means to physically and electronically
7        maintain the records, unless the records would
8        otherwise be destroyed due to age, but to make the
9        records unavailable without a court order, subject to
10        the exceptions in Sections 12 and 13 of this Act. The
11        petitioner's name shall also be obliterated from the
12        official index required to be kept by the circuit
13        court clerk under Section 16 of the Clerks of Courts
14        Act, but any index issued by the circuit court clerk
15        before the entry of the order to seal shall not be
16        affected.
17            (L) "Sexual offense committed against a minor"
18        includes, but is not limited to, the offenses of
19        indecent solicitation of a child or criminal sexual
20        abuse when the victim of such offense is under 18 years
21        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
15    final 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
19    law enforcement agency issuing the citation. Commencing
20    180 days after July 29, 2016 (the effective date of Public
21    Act 99-697), the clerk of the circuit court shall expunge,
22    upon order of the court, or in the absence of a court order
23    on 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        (2.6) Commencing 180 days after the effective date of
6    this amendatory Act of the 102nd General Assembly, the
7    Illinois State Police and all law enforcement agencies
8    within this State shall automatically expunge all criminal
9    history records of an arrest, charge not initiated by
10    arrest, or order of supervision of a person whose law
11    enforcement and court records were not automatically
12    expunged under paragraph (2.5) for a conviction of
13    subsection (c) of Section 3.5 of the Drug Paraphernalia
14    Control Act, prior to its repeal by Public Act 101-593,
15    for knowingly possessing an item of drug paraphernalia
16    with the intent to use it in ingesting, inhaling, or
17    otherwise introducing cannabis into the human body, or in
18    preparing cannabis for that use, or whose records were
19    ineligible for an automatic expungement under paragraph
20    (2.5), regardless of the amount of cannabis that the
21    person possessed at the time of the person's arrest or
22    prosecution on the charge. Commencing 180 days after the
23    effective date of this amendatory Act of the 102nd General
24    Assembly, the circuit court shall automatically expunge
25    the court records of persons described in this paragraph
26    (2.6).

 

 

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1        (2.7) Commencing 180 days after the effective date of
2    this amendatory Act of the 102nd General Assembly, if the
3    corporate authorities of a municipality have enacted a
4    penal ordinance under Section 1-2-1.1 of the Illinois
5    Municipal Code similar to Section 4 or 5 of the Cannabis
6    Control Act prohibiting the possession, manufacture, or
7    delivery of cannabis that is a minor cannabis offense or
8    has enacted an ordinance similar to subsection (c) of
9    Section 3.5 of the Drug Paraphernalia Control Act
10    prohibiting the possession of drug paraphernalia described
11    in paragraph (2.6), the municipal attorney or prosecuting
12    attorney for the municipality shall submit the identifying
13    information of persons arrested, charged, convicted, or
14    placed on supervision for those municipal ordinance
15    violations to the law enforcement agency of the
16    municipality that prosecuted persons for those offenses
17    and to the clerk of the circuit court of the county where
18    the prosecutions occurred. The law enforcement agency of
19    the municipality shall automatically expunge those law
20    enforcement records and the clerk of the circuit court
21    shall expunge the court records of those persons.
22        (3) Exclusions. Except as otherwise provided in
23    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
24    of this Section, the court shall not order:
25            (A) the sealing or expungement of the records of
26        arrests or charges not initiated by arrest that result

 

 

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

 

 

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1            the Criminal Code of 2012, or a similar provision
2            of a local ordinance;
3                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
4            26-5, or 48-1 of the Criminal Code of 1961 or the
5            Criminal Code of 2012, or a similar provision of a
6            local ordinance;
7                (iii) Sections 12-3.1 or 12-3.2 of the
8            Criminal Code of 1961 or the Criminal Code of
9            2012, or Section 125 of the Stalking No Contact
10            Order Act, or Section 219 of the Civil No Contact
11            Order Act, or a similar provision of a local
12            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.
7        (1.5) When a petitioner seeks to have a record of
8    arrest expunged under this Section, and the offender has
9    been convicted of a criminal offense, the State's Attorney
10    may object to the expungement on the grounds that the
11    records contain specific relevant information aside from
12    the mere fact of the arrest.
13        (2) Time frame for filing a petition to expunge.
14            (A) When the arrest or charge not initiated by
15        arrest sought to be expunged resulted in an acquittal,
16        dismissal, the petitioner's release without charging,
17        or the reversal or vacation of a conviction, there is
18        no waiting period to petition for the expungement of
19        such records.
20            (B) When the arrest or charge not initiated by
21        arrest sought to be expunged resulted in an order of
22        supervision, successfully completed by the petitioner,
23        the following time frames will apply:
24                (i) Those arrests or charges that resulted in
25            orders of supervision under Section 3-707, 3-708,
26            3-710, or 5-401.3 of the Illinois Vehicle Code or

 

 

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1            a similar provision of a local ordinance, or under
2            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
3            Code of 1961 or the Criminal Code of 2012, or a
4            similar provision of a local ordinance, shall not
5            be eligible for expungement until 5 years have
6            passed following the satisfactory termination of
7            the supervision.
8                (i-5) Those arrests or charges that resulted
9            in orders of supervision for a misdemeanor
10            violation of subsection (a) of Section 11-503 of
11            the Illinois Vehicle Code or a similar provision
12            of a local ordinance, that occurred prior to the
13            offender reaching the age of 25 years and the
14            offender has no other conviction for violating
15            Section 11-501 or 11-503 of the Illinois Vehicle
16            Code or a similar provision of a local ordinance
17            shall not be eligible for expungement until the
18            petitioner has reached the age of 25 years.
19                (ii) Those arrests or charges that resulted in
20            orders of supervision for any other offenses shall
21            not be eligible for expungement until 2 years have
22            passed following the satisfactory termination of
23            the supervision.
24            (C) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an order of
26        qualified probation, successfully completed by the

 

 

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1        petitioner, such records shall not be eligible for
2        expungement until 5 years have passed following the
3        satisfactory termination of the probation.
4        (3) Those records maintained by the Illinois State
5    Police Department for persons arrested prior to their 17th
6    birthday shall be expunged as provided in Section 5-915 of
7    the Juvenile Court 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    Illinois State Police Department, other criminal justice
20    agencies, the prosecutor, and the trial court concerning
21    such arrest, if any, by removing his or her name from all
22    such records in connection with the arrest and conviction,
23    if any, and by inserting in the records the name of the
24    offender, if known or ascertainable, in lieu of the
25    aggrieved's name. The records of the circuit court clerk
26    shall be sealed until further order of the court upon good

 

 

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1    cause shown and the name of the aggrieved person
2    obliterated on the official index required to be kept by
3    the circuit court clerk under Section 16 of the Clerks of
4    Courts Act, but the order shall not affect any index
5    issued by the circuit court clerk before the entry of the
6    order. Nothing in this Section shall limit the Illinois
7    Department of State Police or other criminal justice
8    agencies or prosecutors from listing under an offender's
9    name the false names he or she has 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 Illinois Department of State Police concerning the
22    offense shall not be sealed. The court, upon good cause
23    shown, shall make the records of the circuit court clerk
24    in 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

 

 

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

 

 

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

 

 

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1        subsection (a)(3);
2            (E) Arrests or charges not initiated by arrest
3        resulting in orders of first offender probation under
4        Section 10 of the Cannabis Control Act, Section 410 of
5        the Illinois Controlled Substances Act, Section 70 of
6        the Methamphetamine Control and Community Protection
7        Act, or Section 5-6-3.3 of the Unified Code of
8        Corrections; and
9            (F) Arrests or charges not initiated by arrest
10        resulting in felony convictions unless otherwise
11        excluded by subsection (a) paragraph (3) of this
12        Section.
13        (3) When Records Are Eligible to Be Sealed. Records
14    identified as eligible under subsection (c)(2) may be
15    sealed as follows:
16            (A) Records identified as eligible under
17        subsection (c)(2)(A) and (c)(2)(B) may be sealed at
18        any time.
19            (B) Except as otherwise provided in subparagraph
20        (E) of this paragraph (3), records identified as
21        eligible under subsection (c)(2)(C) may be sealed 2
22        years after the termination of petitioner's last
23        sentence (as defined in subsection (a)(1)(F)).
24            (C) Except as otherwise provided in subparagraph
25        (E) of this paragraph (3), records identified as
26        eligible under subsections (c)(2)(D), (c)(2)(E), and

 

 

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1        (c)(2)(F) may be sealed 3 years after the termination
2        of the petitioner's last sentence (as defined in
3        subsection (a)(1)(F)). Convictions requiring public
4        registration under the Arsonist Registration Act, the
5        Sex Offender Registration Act, or the Murderer and
6        Violent Offender Against Youth Registration Act may
7        not be sealed until the petitioner is no longer
8        required to register under that relevant Act.
9            (D) Records identified in subsection
10        (a)(3)(A)(iii) may be sealed after the petitioner has
11        reached the age of 25 years.
12            (E) Records identified as eligible under
13        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
14        (c)(2)(F) may be sealed upon termination of the
15        petitioner's last sentence if the petitioner earned a
16        high school diploma, associate's degree, career
17        certificate, vocational technical certification, or
18        bachelor's degree, or passed the high school level
19        Test of General Educational Development, during the
20        period of his or her sentence or mandatory supervised
21        release. This subparagraph shall apply only to a
22        petitioner who has not completed the same educational
23        goal prior to the period of his or her sentence or
24        mandatory supervised release. If a petition for
25        sealing eligible records filed under this subparagraph
26        is denied by the court, the time periods under

 

 

HB5425- 20 -LRB102 23313 RLC 34481 b

1        subparagraph (B) or (C) shall apply to any subsequent
2        petition for sealing filed by the petitioner.
3        (4) Subsequent felony convictions. A person may not
4    have subsequent felony conviction records sealed as
5    provided in this subsection (c) if he or she is convicted
6    of any felony offense after the date of the sealing of
7    prior felony convictions as provided in this subsection
8    (c). The court may, upon conviction for a subsequent
9    felony offense, order the unsealing of prior felony
10    conviction records previously ordered sealed by the court.
11        (5) Notice of eligibility for sealing. Upon entry of a
12    disposition for an eligible record under this subsection
13    (c), the petitioner shall be informed by the court of the
14    right to have the records sealed and the procedures for
15    the sealing of the records.
16    (d) Procedure. The following procedures apply to
17expungement under subsections (b), (e), and (e-6) and sealing
18under subsections (c) and (e-5):
19        (1) Filing the petition. Upon becoming eligible to
20    petition for the expungement or sealing of records under
21    this Section, the petitioner shall file a petition
22    requesting the expungement or sealing of records with the
23    clerk of the court where the arrests occurred or the
24    charges were brought, or both. If arrests occurred or
25    charges were brought in multiple jurisdictions, a petition
26    must be filed in each such jurisdiction. The petitioner

 

 

HB5425- 21 -LRB102 23313 RLC 34481 b

1    shall pay the applicable fee, except no fee shall be
2    required if the petitioner has obtained a court order
3    waiving fees under Supreme Court Rule 298 or it is
4    otherwise waived.
5        (1.5) County fee waiver pilot program. From August 9,
6    2019 (the effective date of Public Act 101-306) through
7    December 31, 2020, in a county of 3,000,000 or more
8    inhabitants, no fee shall be required to be paid by a
9    petitioner if the records sought to be expunged or sealed
10    were arrests resulting in release without charging or
11    arrests or charges not initiated by arrest resulting in
12    acquittal, dismissal, or conviction when the conviction
13    was reversed or vacated, unless excluded by subsection
14    (a)(3)(B). The provisions of this paragraph (1.5), other
15    than this sentence, are inoperative on and after January
16    1, 2022.
17        (2) Contents of petition. The petition shall be
18    verified and shall contain the petitioner's name, date of
19    birth, current address and, for each arrest or charge not
20    initiated by arrest sought to be sealed or expunged, the
21    case number, the date of arrest (if any), the identity of
22    the arresting authority, and such other information as the
23    court may require. During the pendency of the proceeding,
24    the petitioner shall promptly notify the circuit court
25    clerk of any change of his or her address. If the
26    petitioner has received a certificate of eligibility for

 

 

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1    sealing from the Prisoner Review Board under paragraph
2    (10) of subsection (a) of Section 3-3-2 of the Unified
3    Code of Corrections, the certificate shall be attached to
4    the petition.
5        (3) Drug test. The petitioner must attach to the
6    petition proof that the petitioner has passed a test taken
7    within 30 days before the filing of the petition showing
8    the absence within his or her body of all illegal
9    substances as defined by the Illinois Controlled
10    Substances Act, the Methamphetamine Control and Community
11    Protection Act, and the Cannabis Control Act if he or she
12    is petitioning to:
13            (A) seal felony records under clause (c)(2)(E);
14            (B) seal felony records for a violation of the
15        Illinois Controlled Substances Act, the
16        Methamphetamine Control and Community Protection Act,
17        or the Cannabis Control Act under clause (c)(2)(F);
18            (C) seal felony records under subsection (e-5); or
19            (D) expunge felony records of a qualified
20        probation under clause (b)(1)(iv).
21        (4) Service of petition. The circuit court clerk shall
22    promptly serve a copy of the petition and documentation to
23    support the petition under subsection (e-5) or (e-6) on
24    the State's Attorney or prosecutor charged with the duty
25    of prosecuting the offense, the Illinois Department of
26    State Police, the arresting agency and the chief legal

 

 

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1    officer of the unit of local government effecting the
2    arrest.
3        (5) Objections.
4            (A) Any party entitled to notice of the petition
5        may file an objection to the petition. All objections
6        shall be in writing, shall be filed with the circuit
7        court clerk, and shall state with specificity the
8        basis of the objection. Whenever a person who has been
9        convicted of an offense is granted a pardon by the
10        Governor which specifically authorizes expungement, an
11        objection to the petition may not be filed.
12            (B) Objections to a petition to expunge or seal
13        must be filed within 60 days of the date of service of
14        the petition.
15        (6) Entry of order.
16            (A) The Chief Judge of the circuit wherein the
17        charge was brought, any judge of that circuit
18        designated by the Chief Judge, or in counties of less
19        than 3,000,000 inhabitants, the presiding trial judge
20        at the petitioner's trial, if any, shall rule on the
21        petition to expunge or seal as set forth in this
22        subsection (d)(6).
23            (B) Unless the State's Attorney or prosecutor, the
24        Illinois Department of State Police, the arresting
25        agency, or the chief legal officer files an objection
26        to the petition to expunge or seal within 60 days from

 

 

HB5425- 24 -LRB102 23313 RLC 34481 b

1        the date of service of the petition, the court shall
2        enter an order granting or denying the petition.
3            (C) Notwithstanding any other provision of law,
4        the court shall not deny a petition for sealing under
5        this Section because the petitioner has not satisfied
6        an outstanding legal financial obligation established,
7        imposed, or originated by a court, law enforcement
8        agency, or a municipal, State, county, or other unit
9        of local government, including, but not limited to,
10        any cost, assessment, fine, or fee. An outstanding
11        legal financial obligation does not include any court
12        ordered restitution to a victim under Section 5-5-6 of
13        the Unified Code of Corrections, unless the
14        restitution has been converted to a civil judgment.
15        Nothing in this subparagraph (C) waives, rescinds, or
16        abrogates a legal financial obligation or otherwise
17        eliminates or affects the right of the holder of any
18        financial obligation to pursue collection under
19        applicable federal, State, or local law.
20        (7) Hearings. If an objection is filed, the court
21    shall set a date for a hearing and notify the petitioner
22    and all parties entitled to notice of the petition of the
23    hearing date at least 30 days prior to the hearing. Prior
24    to the hearing, the State's Attorney shall consult with
25    the Illinois State Police Department as to the
26    appropriateness of the relief sought in the petition to

 

 

HB5425- 25 -LRB102 23313 RLC 34481 b

1    expunge or seal. At the hearing, the court shall hear
2    evidence on whether the petition should or should not be
3    granted, and shall grant or deny the petition to expunge
4    or seal the records based on the evidence presented at the
5    hearing. The court may consider the following:
6            (A) the strength of the evidence supporting the
7        defendant's conviction;
8            (B) the reasons for retention of the conviction
9        records by the State;
10            (C) the petitioner's age, criminal record history,
11        and employment history;
12            (D) the period of time between the petitioner's
13        arrest on the charge resulting in the conviction and
14        the filing of the petition under this Section; and
15            (E) the specific adverse consequences the
16        petitioner may be subject to if the petition is
17        denied.
18        (8) Service of order. After entering an order to
19    expunge or seal records, the court must provide copies of
20    the order to the Illinois State Police Department, in a
21    form and manner prescribed by the Illinois State Police
22    Department, to the petitioner, to the State's Attorney or
23    prosecutor charged with the duty of prosecuting the
24    offense, to the arresting agency, to the chief legal
25    officer of the unit of local government effecting the
26    arrest, and to such other criminal justice agencies as may

 

 

HB5425- 26 -LRB102 23313 RLC 34481 b

1    be ordered by the court.
2        (9) Implementation of order.
3            (A) Upon entry of an order to expunge records
4        pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
5        both:
6                (i) the records shall be expunged (as defined
7            in subsection (a)(1)(E)) by the arresting agency,
8            the Illinois State Police Department, and any
9            other agency as ordered by the court, within 60
10            days of the date of service of the order, unless a
11            motion to vacate, modify, or reconsider the order
12            is filed pursuant to paragraph (12) of subsection
13            (d) of this Section;
14                (ii) the records of the circuit court clerk
15            shall be impounded until further order of the
16            court upon good cause shown and the name of the
17            petitioner obliterated on the official index
18            required to be kept by the circuit court clerk
19            under Section 16 of the Clerks of Courts Act, but
20            the order shall not affect any index issued by the
21            circuit court clerk before the entry of the order;
22            and
23                (iii) in response to an inquiry for expunged
24            records, the court, the Illinois State Police
25            Department, or the agency receiving such inquiry,
26            shall reply as it does in response to inquiries

 

 

HB5425- 27 -LRB102 23313 RLC 34481 b

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

 

 

HB5425- 28 -LRB102 23313 RLC 34481 b

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

 

 

HB5425- 29 -LRB102 23313 RLC 34481 b

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

 

 

HB5425- 30 -LRB102 23313 RLC 34481 b

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

 

 

HB5425- 31 -LRB102 23313 RLC 34481 b

1        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 Illinois State Police Department may
23    charge the petitioner a fee equivalent to the cost of
24    processing any order to expunge or seal records.
25    Notwithstanding any provision of the Clerks of Courts Act
26    to the contrary, the circuit court clerk may charge a fee

 

 

HB5425- 32 -LRB102 23313 RLC 34481 b

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

 

 

HB5425- 33 -LRB102 23313 RLC 34481 b

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

 

 

HB5425- 34 -LRB102 23313 RLC 34481 b

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

 

 

HB5425- 35 -LRB102 23313 RLC 34481 b

1Clerks of Courts Act in connection with the arrest and
2conviction for the offense for which he or she had been
3pardoned but the order shall not affect any index issued by the
4circuit court clerk before the entry of the order. All records
5sealed by the Illinois State Police Department may be
6disseminated by the Illinois State Police Department only to
7the arresting authority, the State's Attorney, and the court
8upon a later arrest for the same or similar offense or for the
9purpose of sentencing for any subsequent felony. Upon
10conviction for any subsequent offense, the Department of
11Corrections shall have access to all sealed records of the
12Illinois State Police Department pertaining to that
13individual. 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 Illinois State Police Department

 

 

HB5425- 36 -LRB102 23313 RLC 34481 b

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

 

 

HB5425- 37 -LRB102 23313 RLC 34481 b

1Judge, or in counties of less than 3,000,000 inhabitants, the
2presiding trial judge at the petitioner's trial, have a court
3order entered expunging the record of arrest from the official
4records of the arresting authority and order that the records
5of the circuit court clerk and the Illinois State Police
6Department be sealed until further order of the court upon
7good cause shown or as otherwise provided herein, and the name
8of the petitioner obliterated from the official index
9requested to be kept by the circuit court clerk under Section
1016 of the Clerks of Courts Act in connection with the arrest
11and conviction for the offense for which he or she had been
12granted the certificate but the order shall not affect any
13index issued by the circuit court clerk before the entry of the
14order. All records sealed by the Illinois State Police
15Department may be disseminated by the Illinois State Police
16Department only as required by this Act or to the arresting
17authority, a law enforcement agency, the State's Attorney, and
18the court upon a later arrest for the same or similar offense
19or for the purpose of sentencing for any subsequent felony.
20Upon conviction for any subsequent offense, the Department of
21Corrections shall have access to all expunged records of the
22Illinois State Police Department pertaining to that
23individual. Upon entry of the order of expungement, the
24circuit court clerk shall promptly mail a copy of the order to
25the person who was granted the certificate of eligibility for
26expungement.

 

 

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

 

 

HB5425- 39 -LRB102 23313 RLC 34481 b

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

 

 

HB5425- 40 -LRB102 23313 RLC 34481 b

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

 

 

HB5425- 41 -LRB102 23313 RLC 34481 b

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

 

 

HB5425- 42 -LRB102 23313 RLC 34481 b

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

 

 

HB5425- 43 -LRB102 23313 RLC 34481 b

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

 

 

HB5425- 44 -LRB102 23313 RLC 34481 b

1        an arrest, charge not initiated by arrest, order of
2        supervision, or order of qualified probation for a
3        Minor Cannabis Offense committed prior to June 25,
4        2019 (the effective date of Public Act 101-27) if:
5                (i) One year or more has elapsed since the
6            date of the arrest or law enforcement interaction
7            documented in the records; and
8                (ii) No criminal charges were filed relating
9            to the arrest or law enforcement interaction or
10            criminal charges were filed and subsequently
11            dismissed or vacated or the arrestee was
12            acquitted.
13            (B) If the law enforcement agency is unable to
14        verify satisfaction of condition (ii) in paragraph
15        (A), records that satisfy condition (i) in paragraph
16        (A) shall be automatically expunged.
17            (C) Records shall be expunged by the law
18        enforcement agency under the following timelines:
19                (i) Records created prior to June 25, 2019
20            (the effective date of Public Act 101-27), but on
21            or after January 1, 2013, shall be automatically
22            expunged prior to January 1, 2021;
23                (ii) Records created prior to January 1, 2013,
24            but on or after January 1, 2000, shall be
25            automatically expunged prior to January 1, 2023;
26                (iii) Records created prior to January 1, 2000

 

 

HB5425- 45 -LRB102 23313 RLC 34481 b

1            shall be automatically expunged prior to January
2            1, 2025.
3            In response to an inquiry for expunged records,
4        the law enforcement agency receiving such inquiry
5        shall reply as it does in response to inquiries when no
6        records ever existed; however, it shall provide a
7        certificate of disposition or confirmation that the
8        record was expunged to the individual whose record was
9        expunged if such a record exists.
10            (D) Nothing in this Section shall be construed to
11        restrict or modify an individual's right to have that
12        individual's records expunged except as otherwise may
13        be provided in this Act, or diminish or abrogate any
14        rights or remedies otherwise available to the
15        individual.
16        (2) Pardons Authorizing Expungement of Minor Cannabis
17    Offenses.
18            (A) Upon June 25, 2019 (the effective date of
19        Public Act 101-27), the Department of State Police
20        shall review all criminal history record information
21        and identify all records that meet all of the
22        following criteria:
23                (i) one or more convictions, satisfactory
24            terminations of supervision, or satisfactory
25            terminations of qualified probation for a Minor
26            Cannabis Offense;

 

 

HB5425- 46 -LRB102 23313 RLC 34481 b

1                (ii) the conviction, satisfactory termination
2            of supervision, or satisfactory termination of
3            qualified probation identified in paragraph
4            (2)(A)(i) did not include a penalty enhancement
5            under Section 7 of the Cannabis Control Act; and
6                (iii) the conviction, satisfactory termination
7            of supervision, or satisfactory termination of
8            qualified probation identified in paragraph
9            (2)(A)(i) is not associated with a conviction for
10            a violent crime as defined in subsection (c) of
11            Section 3 of the Rights of Crime Victims and
12            Witnesses Act.
13            (B) Within 180 days after June 25, 2019 (the
14        effective date of Public Act 101-27), the Department
15        of State Police shall notify the Prisoner Review Board
16        of all such records that meet the criteria established
17        in paragraph (2)(A).
18                (i) The Prisoner Review Board shall notify the
19            State's Attorney of the county of conviction of
20            each record identified by State Police in
21            paragraph (2)(A) that is classified as a Class 4
22            felony. The State's Attorney may provide a written
23            objection to the Prisoner Review Board on the sole
24            basis that the record identified does not meet the
25            criteria established in paragraph (2)(A). Such an
26            objection must be filed within 60 days or by such

 

 

HB5425- 47 -LRB102 23313 RLC 34481 b

1            later date set by the Prisoner Review Board in the
2            notice after the State's Attorney received notice
3            from the Prisoner Review Board.
4                (ii) In response to a written objection from a
5            State's Attorney, the Prisoner Review Board is
6            authorized to conduct a non-public hearing to
7            evaluate the information provided in the
8            objection.
9                (iii) The Prisoner Review Board shall make a
10            confidential and privileged recommendation to the
11            Governor as to whether to grant a pardon
12            authorizing expungement for each of the records
13            identified by the Department of State Police as
14            described in paragraph (2)(A).
15            (C) If an individual has been granted a pardon
16        authorizing expungement as described in this Section,
17        the Prisoner Review Board, through the Attorney
18        General, shall file a petition for expungement with
19        the Chief Judge of the circuit or any judge of the
20        circuit designated by the Chief Judge where the
21        individual had been convicted. Such petition may
22        include more than one individual. Whenever an
23        individual who has been convicted of an offense is
24        granted a pardon by the Governor that specifically
25        authorizes expungement, an objection to the petition
26        may not be filed. Petitions to expunge under this

 

 

HB5425- 48 -LRB102 23313 RLC 34481 b

1        subsection (i) may include more than one individual.
2        Within 90 days of the filing of such a petition, the
3        court shall enter an order expunging the records of
4        arrest from the official records of the arresting
5        authority and order that the records of the circuit
6        court clerk and the Illinois Department of State
7        Police be expunged and the name of the defendant
8        obliterated from the official index requested to be
9        kept by the circuit court clerk under Section 16 of the
10        Clerks of Courts Act in connection with the arrest and
11        conviction for the offense for which the individual
12        had received a pardon but the order shall not affect
13        any index issued by the circuit court clerk before the
14        entry of the order. Upon entry of the order of
15        expungement, the circuit court clerk shall promptly
16        provide a copy of the order and a certificate of
17        disposition to the individual who was pardoned to the
18        individual's last known address or by electronic means
19        (if available) or otherwise make it available to the
20        individual upon request.
21            (D) Nothing in this Section is intended to
22        diminish or abrogate any rights or remedies otherwise
23        available to the individual.
24        (3) Any individual may file a motion to vacate and
25    expunge a conviction for a misdemeanor or Class 4 felony
26    violation of Section 4 or Section 5 of the Cannabis

 

 

HB5425- 49 -LRB102 23313 RLC 34481 b

1    Control Act. Motions to vacate and expunge under this
2    subsection (i) may be filed with the circuit court, Chief
3    Judge of a judicial circuit or any judge of the circuit
4    designated by the Chief Judge. The circuit court clerk
5    shall promptly serve a copy of the motion to vacate and
6    expunge, and any supporting documentation, on the State's
7    Attorney or prosecutor charged with the duty of
8    prosecuting the offense. When considering such a motion to
9    vacate and expunge, a court shall consider the following:
10    the reasons to retain the records provided by law
11    enforcement, the petitioner's age, the petitioner's age at
12    the time of offense, the time since the conviction, and
13    the specific adverse consequences if denied. An individual
14    may file such a petition after the completion of any
15    non-financial sentence or non-financial condition imposed
16    by the conviction. Within 60 days of the filing of such
17    motion, a State's Attorney may file an objection to such a
18    petition along with supporting evidence. If a motion to
19    vacate and expunge is granted, the records shall be
20    expunged in accordance with subparagraphs (d)(8) and
21    (d)(9)(A) of this Section. An agency providing civil legal
22    aid, as defined by Section 15 of the Public Interest
23    Attorney Assistance Act, assisting individuals seeking to
24    file a motion to vacate and expunge under this subsection
25    may file motions to vacate and expunge with the Chief
26    Judge of a judicial circuit or any judge of the circuit

 

 

HB5425- 50 -LRB102 23313 RLC 34481 b

1    designated by the Chief Judge, and the motion may include
2    more than one individual. Motions filed by an agency
3    providing civil legal aid concerning more than one
4    individual may be prepared, presented, and signed
5    electronically.
6        (4) Any State's Attorney may file a motion to vacate
7    and expunge a conviction for a misdemeanor or Class 4
8    felony violation of Section 4 or Section 5 of the Cannabis
9    Control Act. Motions to vacate and expunge under this
10    subsection (i) may be filed with the circuit court, Chief
11    Judge of a judicial circuit or any judge of the circuit
12    designated by the Chief Judge, and may include more than
13    one individual. Motions filed by a State's Attorney
14    concerning more than one individual may be prepared,
15    presented, and signed electronically. When considering
16    such a motion to vacate and expunge, a court shall
17    consider the following: the reasons to retain the records
18    provided by law enforcement, the individual's age, the
19    individual's age at the time of offense, the time since
20    the conviction, and the specific adverse consequences if
21    denied. Upon entry of an order granting a motion to vacate
22    and expunge records pursuant to this Section, the State's
23    Attorney shall notify the Prisoner Review Board within 30
24    days. Upon entry of the order of expungement, the circuit
25    court clerk shall promptly provide a copy of the order and
26    a certificate of disposition to the individual whose

 

 

HB5425- 51 -LRB102 23313 RLC 34481 b

1    records will be expunged to the individual's last known
2    address or by electronic means (if available) or otherwise
3    make available to the individual upon request. If a motion
4    to vacate and expunge is granted, the records shall be
5    expunged in accordance with subparagraphs (d)(8) and
6    (d)(9)(A) of this Section.
7        (5) In the public interest, the State's Attorney of a
8    county has standing to file motions to vacate and expunge
9    pursuant to this Section in the circuit court with
10    jurisdiction over the underlying conviction.
11        (6) If a person is arrested for a Minor Cannabis
12    Offense as defined in this Section before June 25, 2019
13    (the effective date of Public Act 101-27) and the person's
14    case is still pending but a sentence has not been imposed,
15    the person may petition the court in which the charges are
16    pending for an order to summarily dismiss those charges
17    against him or her, and expunge all official records of
18    his or her arrest, plea, trial, conviction, incarceration,
19    supervision, or expungement. If the court determines, upon
20    review, that: (A) the person was arrested before June 25,
21    2019 (the effective date of Public Act 101-27) for an
22    offense that has been made eligible for expungement; (B)
23    the case is pending at the time; and (C) the person has not
24    been sentenced of the minor cannabis violation eligible
25    for expungement under this subsection, the court shall
26    consider the following: the reasons to retain the records

 

 

HB5425- 52 -LRB102 23313 RLC 34481 b

1    provided by law enforcement, the petitioner's age, the
2    petitioner's age at the time of offense, the time since
3    the conviction, and the specific adverse consequences if
4    denied. If a motion to dismiss and expunge is granted, the
5    records shall be expunged in accordance with subparagraph
6    (d)(9)(A) of this Section.
7        (7) A person imprisoned solely as a result of one or
8    more convictions for Minor Cannabis Offenses under this
9    subsection (i) shall be released from incarceration upon
10    the issuance of an order under this subsection.
11        (8) The Illinois Department of State Police shall
12    allow a person to use the access and review process,
13    established in the Illinois Department of State Police,
14    for verifying that his or her records relating to Minor
15    Cannabis Offenses of the Cannabis Control Act eligible
16    under this Section have been expunged.
17        (9) No conviction vacated pursuant to this Section
18    shall serve as the basis for damages for time unjustly
19    served as provided in the Court of Claims Act.
20        (10) Effect of Expungement. A person's right to
21    expunge an expungeable offense shall not be limited under
22    this Section. The effect of an order of expungement shall
23    be to restore the person to the status he or she occupied
24    before the arrest, charge, or conviction.
25        (11) Information. The Illinois Department of State
26    Police shall post general information on its website about

 

 

HB5425- 53 -LRB102 23313 RLC 34481 b

1    the expungement process described in this subsection (i).
2    (j) Felony Prostitution Convictions.
3        (1) Any individual may file a motion to vacate and
4    expunge a conviction for a prior Class 4 felony violation
5    of prostitution. Motions to vacate and expunge under this
6    subsection (j) may be filed with the circuit court, Chief
7    Judge of a judicial circuit, or any judge of the circuit
8    designated by the Chief Judge. When considering the motion
9    to vacate and expunge, a court shall consider the
10    following:
11            (A) the reasons to retain the records provided by
12        law enforcement;
13            (B) the petitioner's age;
14            (C) the petitioner's age at the time of offense;
15        and
16            (D) the time since the conviction, and the
17        specific adverse consequences if denied. An individual
18        may file the petition after the completion of any
19        sentence or condition imposed by the conviction.
20        Within 60 days of the filing of the motion, a State's
21        Attorney may file an objection to the petition along
22        with supporting evidence. If a motion to vacate and
23        expunge is granted, the records shall be expunged in
24        accordance with subparagraph (d)(9)(A) of this
25        Section. An agency providing civil legal aid, as
26        defined in Section 15 of the Public Interest Attorney

 

 

HB5425- 54 -LRB102 23313 RLC 34481 b

1        Assistance Act, assisting individuals seeking to file
2        a motion to vacate and expunge under this subsection
3        may file motions to vacate and expunge with the Chief
4        Judge of a judicial circuit or any judge of the circuit
5        designated by the Chief Judge, and the motion may
6        include more than one individual.
7        (2) Any State's Attorney may file a motion to vacate
8    and expunge a conviction for a Class 4 felony violation of
9    prostitution. Motions to vacate and expunge under this
10    subsection (j) may be filed with the circuit court, Chief
11    Judge of a judicial circuit, or any judge of the circuit
12    court designated by the Chief Judge, and may include more
13    than one individual. When considering the motion to vacate
14    and expunge, a court shall consider the following reasons:
15            (A) the reasons to retain the records provided by
16        law enforcement;
17            (B) the petitioner's age;
18            (C) the petitioner's age at the time of offense;
19            (D) the time since the conviction; and
20            (E) the specific adverse consequences if denied.
21        If the State's Attorney files a motion to vacate and
22    expunge records for felony prostitution convictions
23    pursuant to this Section, the State's Attorney shall
24    notify the Prisoner Review Board within 30 days of the
25    filing. If a motion to vacate and expunge is granted, the
26    records shall be expunged in accordance with subparagraph

 

 

HB5425- 55 -LRB102 23313 RLC 34481 b

1    (d)(9)(A) of this Section.
2        (3) In the public interest, the State's Attorney of a
3    county has standing to file motions to vacate and expunge
4    pursuant to this Section in the circuit court with
5    jurisdiction over the underlying conviction.
6        (4) The Illinois State Police shall allow a person to
7    a use the access and review process, established in the
8    Illinois State Police, for verifying that his or her
9    records relating to felony prostitution eligible under
10    this Section have been expunged.
11        (5) No conviction vacated pursuant to this Section
12    shall serve as the basis for damages for time unjustly
13    served as provided in the Court of Claims Act.
14        (6) Effect of Expungement. A person's right to expunge
15    an expungeable offense shall not be limited under this
16    Section. The effect of an order of expungement shall be to
17    restore the person to the status he or she occupied before
18    the arrest, charge, or conviction.
19        (7) Information. The Illinois State Police shall post
20    general information on its website about the expungement
21    process described in this subsection (j).
22(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
23101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
2412-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
25102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)
 

 

 

HB5425- 56 -LRB102 23313 RLC 34481 b

1    Section 10. The State Finance Act is amended by changing
2Section 6z-112 as follows:
 
3    (30 ILCS 105/6z-112)
4    Sec. 6z-112. The Cannabis Regulation Fund.
5    (a) There is created the Cannabis Regulation Fund in the
6State treasury, subject to appropriations unless otherwise
7provided in this Section. All moneys collected under the
8Cannabis Regulation and Tax Act shall be deposited into the
9Cannabis Regulation Fund, consisting of taxes, license fees,
10other fees, and any other amounts required to be deposited or
11transferred into the Fund.
12    (b) Whenever the Department of Revenue determines that a
13refund should be made under the Cannabis Regulation and Tax
14Act to a claimant, the Department of Revenue shall submit a
15voucher for payment to the State Comptroller, who shall cause
16the order to be drawn for the amount specified and to the
17person named in the notification from the Department of
18Revenue. This subsection (b) shall constitute an irrevocable
19and continuing appropriation of all amounts necessary for the
20payment of refunds out of the Fund as authorized under this
21subsection (b).
22    (c) On or before the 25th day of each calendar month, the
23Department of Revenue shall prepare and certify to the State
24Comptroller the transfer and allocations of stated sums of
25money from the Cannabis Regulation Fund to other named funds

 

 

HB5425- 57 -LRB102 23313 RLC 34481 b

1in the State treasury. The amount subject to transfer shall be
2the amount of the taxes, license fees, other fees, and any
3other amounts paid into the Fund during the second preceding
4calendar month, minus the refunds made under subsection (b)
5during the second preceding calendar month by the Department.
6The transfers shall be certified as follows:
7        (1) The Department of Revenue shall first determine
8    the allocations which shall remain in the Cannabis
9    Regulation Fund, subject to appropriations, to pay for the
10    direct and indirect costs associated with the
11    implementation, administration, and enforcement of the
12    Cannabis Regulation and Tax Act by the Department of
13    Revenue, the Department of State Police, the Department of
14    Financial and Professional Regulation, the Department of
15    Agriculture, the Department of Public Health, the
16    Department of Commerce and Economic Opportunity, and the
17    Illinois Criminal Justice Information Authority.
18        (2) After the allocations have been made as provided
19    in paragraph (1) of this subsection (c), of the remainder
20    of the amount subject to transfer for the month as
21    determined in this subsection (c), the Department shall
22    certify the transfer into the Cannabis Expungement Fund
23    1/12 of the fiscal year amount appropriated from the
24    Cannabis Expungement Fund for payment of costs incurred by
25    clerks of the circuit court State courts, the Attorney
26    General, State's Attorneys, civil legal aid, as defined by

 

 

HB5425- 58 -LRB102 23313 RLC 34481 b

1    Section 15 of the Public Interest Attorney Assistance Act,
2    and the Department of State Police to facilitate petitions
3    for expungement of Minor Cannabis Offenses pursuant to
4    Public Act 101-27, as adjusted by any supplemental
5    appropriation, plus cumulative deficiencies in such
6    transfers for prior months. Allocations to the clerks of
7    the circuit court shall be appropriated to the Supreme
8    Court for disbursement to the circuit clerks to be
9    deposited into the Circuit Court Clerk Operation and
10    Administrative Fund.
11        (3) After the allocations have been made as provided
12    in paragraphs (1) and (2) of this subsection (c), the
13    Department of Revenue shall certify to the State
14    Comptroller and the State Treasurer shall transfer the
15    amounts that the Department of Revenue determines shall be
16    transferred into the following named funds according to
17    the following:
18            (A) 2% shall be transferred to the Drug Treatment
19        Fund to be used by the Department of Human Services
20        for: (i) developing and administering a scientifically
21        and medically accurate public education campaign
22        educating youth and adults about the health and safety
23        risks of alcohol, tobacco, illegal drug use (including
24        prescription drugs), and cannabis, including use by
25        pregnant women; and (ii) data collection and analysis
26        of the public health impacts of legalizing the

 

 

HB5425- 59 -LRB102 23313 RLC 34481 b

1        recreational use of cannabis. Expenditures for these
2        purposes shall be subject to appropriations.
3            (B) 8% shall be transferred to the Local
4        Government Distributive Fund and allocated as provided
5        in Section 2 of the State Revenue Sharing Act. The
6        moneys shall be used to fund crime prevention
7        programs, training, and interdiction efforts,
8        including detection, enforcement, and prevention
9        efforts, relating to the illegal cannabis market and
10        driving under the influence of cannabis.
11            (C) 25% shall be transferred to the Criminal
12        Justice Information Projects Fund to be used for the
13        purposes of the Restore, Reinvest, and Renew Program
14        to address economic development, violence prevention
15        services, re-entry services, youth development, and
16        civil legal aid, as defined by Section 15 of the Public
17        Interest Attorney Assistance Act. The Restore,
18        Reinvest, and Renew Program shall address these issues
19        through targeted investments and intervention programs
20        and promotion of an employment infrastructure and
21        capacity building related to the social determinants
22        of health in impacted community areas. Expenditures
23        for these purposes shall be subject to appropriations.
24            (D) 20% shall be transferred to the Department of
25        Human Services Community Services Fund, to be used to
26        address substance abuse and prevention and mental

 

 

HB5425- 60 -LRB102 23313 RLC 34481 b

1        health concerns, including treatment, education, and
2        prevention to address the negative impacts of
3        substance abuse and mental health issues, including
4        concentrated poverty, violence, and the historical
5        overuse of criminal justice responses in certain
6        communities, on the individual, family, and community,
7        including federal, State, and local governments,
8        health care institutions and providers, and
9        correctional facilities. Expenditures for these
10        purposes shall be subject to appropriations.
11            (E) 10% shall be transferred to the Budget
12        Stabilization Fund.
13            (F) 35%, or any remaining balance, shall be
14        transferred to the General Revenue Fund.
15    As soon as may be practical, but no later than 10 days
16after receipt, by the State Comptroller of the transfer
17certification provided for in this subsection (c) to be given
18to the State Comptroller by the Department of Revenue, the
19State Comptroller shall direct and the State Treasurer shall
20transfer the respective amounts in accordance with the
21directions contained in such certification.
22    (d) On July 1, 2019 the Department of Revenue shall
23certify to the State Comptroller and the State Treasurer shall
24transfer $5,000,000 from the Compassionate Use of Medical
25Cannabis Fund to the Cannabis Regulation Fund.
26    (e) Notwithstanding any other law to the contrary and

 

 

HB5425- 61 -LRB102 23313 RLC 34481 b

1except as otherwise provided in this Section, this Fund is not
2subject to sweeps, administrative charge-backs, or any other
3fiscal or budgetary maneuver that would in any way transfer
4any amounts from this Fund into any other fund of the State.
5    (f) The Cannabis Regulation Fund shall retain a balance of
6$1,000,000 for the purposes of administrative costs.
7    (g) In Fiscal Year 2024 the allocations in subsection (c)
8of this Section shall be reviewed and adjusted if the General
9Assembly finds there is a greater need for funding for a
10specific purpose in the State as it relates to Public Act
11101-27.
12(Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.)