103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1090

 

Introduced 1/12/2023, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2
410 ILCS 705/10-15
720 ILCS 550/5  from Ch. 56 1/2, par. 705
720 ILCS 550/4 rep.

    Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probation for any person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that the clerk of the circuit court shall, on the effective date of the amendatory Act, automatically expunge the court records of a person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that a person imprisoned solely as a result of one or more convictions for possession or delivery, but not manufacture or production, of cannabis shall be released from incarceration on the effective date of the amendatory Act. Provides that, notwithstanding these provisions, no person shall be eligible for expungement if the violation occurred during the commission by the person of first degree murder, kidnapping, aggravated kidnaping, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse. Amends the Cannabis Control Act. Repeals the provision prohibiting the possession of cannabis. Modifies the provision prohibiting the delivery or manufacture of cannabis so it applies only to manufacture or production of cannabis. Amends the Cannabis Regulation and Tax Act to make conforming changes.


LRB103 04858 RLC 49868 b

 

 

A BILL FOR

 

HB1090LRB103 04858 RLC 49868 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:
15                Business Offense, Section 5-1-2.
16                Charge, Section 5-1-3.
17                Court, Section 5-1-6.
18                Defendant, Section 5-1-7.
19                Felony, Section 5-1-9.
20                Imprisonment, Section 5-1-10.
21                Judgment, Section 5-1-12.
22                Misdemeanor, Section 5-1-14.
23                Offense, Section 5-1-15.

 

 

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

 

 

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

 

 

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1        are last in time, they shall be collectively
2        considered the "last sentence" regardless of whether
3        they were ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (G-5) "Minor Cannabis Offense" means a violation
9        of Section 4 or 5 of the Cannabis Control Act
10        concerning not more than 30 grams of any substance
11        containing cannabis, provided the violation did not
12        include a penalty enhancement under Section 7 of the
13        Cannabis Control Act and is not associated with an
14        arrest, conviction or other disposition for a violent
15        crime as defined in subsection (c) of Section 3 of the
16        Rights of Crime Victims and Witnesses Act.
17            (H) "Municipal ordinance violation" means an
18        offense defined by a municipal or local ordinance that
19        is criminal in nature and with which the petitioner
20        was charged or for which the petitioner was arrested
21        and released without charging.
22            (I) "Petitioner" means an adult or a minor
23        prosecuted as an adult who has applied for relief
24        under this Section.
25            (J) "Qualified probation" means an order of
26        probation under Section 10 of the Cannabis Control

 

 

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1        Act, Section 410 of the Illinois Controlled Substances
2        Act, Section 70 of the Methamphetamine Control and
3        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
4        of the Unified Code of Corrections, Section
5        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
6        those provisions existed before their deletion by
7        Public Act 89-313), Section 10-102 of the Illinois
8        Alcoholism and Other Drug Dependency Act, Section
9        40-10 of the Substance Use Disorder Act, or Section 10
10        of the Steroid Control Act. For the purpose of this
11        Section, "successful completion" of an order of
12        qualified probation under Section 10-102 of the
13        Illinois Alcoholism and Other Drug Dependency Act and
14        Section 40-10 of the Substance Use Disorder Act means
15        that the probation was terminated satisfactorily and
16        the judgment of conviction was vacated.
17            (K) "Seal" means to physically and electronically
18        maintain the records, unless the records would
19        otherwise be destroyed due to age, but to make the
20        records unavailable without a court order, subject to
21        the exceptions in Sections 12 and 13 of this Act. The
22        petitioner's name shall also be obliterated from the
23        official index required to be kept by the circuit
24        court clerk under Section 16 of the Clerks of Courts
25        Act, but any index issued by the circuit court clerk
26        before the entry of the order to seal shall not be

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Juvenile Court Act of 1987.
2        (4) Whenever a person has been arrested for or
3    convicted of any offense, in the name of a person whose
4    identity he or she has stolen or otherwise come into
5    possession of, the aggrieved person from whom the identity
6    was stolen or otherwise obtained without authorization,
7    upon learning of the person having been arrested using his
8    or her identity, may, upon verified petition to the chief
9    judge of the circuit wherein the arrest was made, have a
10    court order entered nunc pro tunc by the Chief Judge to
11    correct the arrest record, conviction record, if any, and
12    all official records of the arresting authority, the
13    Illinois State Police, other criminal justice agencies,
14    the prosecutor, and the trial court concerning such
15    arrest, if any, by removing his or her name from all such
16    records in connection with the arrest and conviction, if
17    any, and by inserting in the records the name of the
18    offender, if known or ascertainable, in lieu of the
19    aggrieved's name. The records of the circuit court clerk
20    shall be sealed until further order of the court upon good
21    cause shown and the name of the aggrieved person
22    obliterated on the official index required to be kept by
23    the circuit court clerk under Section 16 of the Clerks of
24    Courts Act, but the order shall not affect any index
25    issued by the circuit court clerk before the entry of the
26    order. Nothing in this Section shall limit the Illinois

 

 

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1    State Police or other criminal justice agencies or
2    prosecutors from listing under an offender's name the
3    false names he or she has used.
4        (5) Whenever a person has been convicted of criminal
5    sexual assault, aggravated criminal sexual assault,
6    predatory criminal sexual assault of a child, criminal
7    sexual abuse, or aggravated criminal sexual abuse, the
8    victim of that offense may request that the State's
9    Attorney of the county in which the conviction occurred
10    file a verified petition with the presiding trial judge at
11    the petitioner's trial to have a court order entered to
12    seal the records of the circuit court clerk in connection
13    with the proceedings of the trial court concerning that
14    offense. However, the records of the arresting authority
15    and the Illinois State Police concerning the offense shall
16    not be sealed. The court, upon good cause shown, shall
17    make the records of the circuit court clerk in connection
18    with the proceedings of the trial court concerning the
19    offense available for public inspection.
20        (6) If a conviction has been set aside on direct
21    review or on collateral attack and the court determines by
22    clear and convincing evidence that the petitioner was
23    factually innocent of the charge, the court that finds the
24    petitioner factually innocent of the charge shall enter an
25    expungement order for the conviction for which the
26    petitioner has been determined to be innocent as provided

 

 

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

 

 

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

 

 

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1        Act, or Section 5-6-3.3 of the Unified Code of
2        Corrections; and
3            (F) Arrests or charges not initiated by arrest
4        resulting in felony convictions unless otherwise
5        excluded by subsection (a) paragraph (3) of this
6        Section.
7        (3) When Records Are Eligible to Be Sealed. Records
8    identified as eligible under subsection (c)(2) may be
9    sealed as follows:
10            (A) Records identified as eligible under
11        subsections subsection (c)(2)(A) and (c)(2)(B) may be
12        sealed at any time.
13            (B) Except as otherwise provided in subparagraph
14        (E) of this paragraph (3), records identified as
15        eligible under subsection (c)(2)(C) may be sealed 2
16        years after the termination of petitioner's last
17        sentence (as defined in subsection (a)(1)(F)).
18            (C) Except as otherwise provided in subparagraph
19        (E) of this paragraph (3), records identified as
20        eligible under subsections (c)(2)(D), (c)(2)(E), and
21        (c)(2)(F) may be sealed 3 years after the termination
22        of the petitioner's last sentence (as defined in
23        subsection (a)(1)(F)). Convictions requiring public
24        registration under the Arsonist Registration Act, the
25        Sex Offender Registration Act, or the Murderer and
26        Violent Offender Against Youth Registration Act may

 

 

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

 

 

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1    of any felony offense after the date of the sealing of
2    prior felony convictions as provided in this subsection
3    (c). The court may, upon conviction for a subsequent
4    felony offense, order the unsealing of prior felony
5    conviction records previously ordered sealed by the court.
6        (5) Notice of eligibility for sealing. Upon entry of a
7    disposition for an eligible record under this subsection
8    (c), the petitioner shall be informed by the court of the
9    right to have the records sealed and the procedures for
10    the sealing of the records.
11    (d) Procedure. The following procedures apply to
12expungement under subsections (b), (e), and (e-6) and sealing
13under subsections (c) and (e-5):
14        (1) Filing the petition. Upon becoming eligible to
15    petition for the expungement or sealing of records under
16    this Section, the petitioner shall file a petition
17    requesting the expungement or sealing of records with the
18    clerk of the court where the arrests occurred or the
19    charges were brought, or both. If arrests occurred or
20    charges were brought in multiple jurisdictions, a petition
21    must be filed in each such jurisdiction. The petitioner
22    shall pay the applicable fee, except no fee shall be
23    required if the petitioner has obtained a court order
24    waiving fees under Supreme Court Rule 298 or it is
25    otherwise waived.
26        (1.5) County fee waiver pilot program. From August 9,

 

 

HB1090- 19 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 20 -LRB103 04858 RLC 49868 b

1    petition proof that the petitioner has taken within 30
2    days before the filing of the petition a test showing the
3    absence within his or her body of all illegal substances
4    as defined by the Illinois Controlled Substances Act and
5    the Methamphetamine Control and Community Protection Act
6    if he or she is petitioning to:
7            (A) seal felony records under clause (c)(2)(E);
8            (B) seal felony records for a violation of the
9        Illinois Controlled Substances Act, the
10        Methamphetamine Control and Community Protection Act,
11        or the Cannabis Control Act under clause (c)(2)(F);
12            (C) seal felony records under subsection (e-5); or
13            (D) expunge felony records of a qualified
14        probation under clause (b)(1)(iv).
15        (4) Service of petition. The circuit court clerk shall
16    promptly serve a copy of the petition and documentation to
17    support the petition under subsection (e-5) or (e-6) on
18    the State's Attorney or prosecutor charged with the duty
19    of prosecuting the offense, the Illinois State Police, the
20    arresting agency and the chief legal officer of the unit
21    of local government effecting the arrest.
22        (5) Objections.
23            (A) Any party entitled to notice of the petition
24        may file an objection to the petition. All objections
25        shall be in writing, shall be filed with the circuit
26        court clerk, and shall state with specificity the

 

 

HB1090- 21 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 22 -LRB103 04858 RLC 49868 b

1        agency, or a municipal, State, county, or other unit
2        of local government, including, but not limited to,
3        any cost, assessment, fine, or fee. An outstanding
4        legal financial obligation does not include any court
5        ordered restitution to a victim under Section 5-5-6 of
6        the Unified Code of Corrections, unless the
7        restitution has been converted to a civil judgment.
8        Nothing in this subparagraph (C) waives, rescinds, or
9        abrogates a legal financial obligation or otherwise
10        eliminates or affects the right of the holder of any
11        financial obligation to pursue collection under
12        applicable federal, State, or local law.
13            (D) Notwithstanding any other provision of law,
14        the court shall not deny a petition to expunge or seal
15        under this Section because the petitioner has
16        submitted a drug test taken within 30 days before the
17        filing of the petition to expunge or seal that
18        indicates a positive test for the presence of cannabis
19        within the petitioner's body. In this subparagraph
20        (D), "cannabis" has the meaning ascribed to it in
21        Section 3 of the Cannabis Control Act.
22        (7) Hearings. If an objection is filed, the court
23    shall set a date for a hearing and notify the petitioner
24    and all parties entitled to notice of the petition of the
25    hearing date at least 30 days prior to the hearing. Prior
26    to the hearing, the State's Attorney shall consult with

 

 

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

 

 

HB1090- 24 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 25 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 26 -LRB103 04858 RLC 49868 b

1                (iv) records impounded by the Illinois State
2            Police may be disseminated by the Illinois State
3            Police only as required by law or to the arresting
4            authority, the State's Attorney, and the court
5            upon a later arrest for the same or a similar
6            offense or for the purpose of sentencing for any
7            subsequent felony, and to the Department of
8            Corrections upon conviction for any 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, or
12            the agency receiving such inquiry shall reply as
13            it does in response to inquiries when no records
14            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

 

 

HB1090- 27 -LRB103 04858 RLC 49868 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 within 60 days of the date
8            of service of the order as ordered by the court,
9            unless a motion to vacate, modify, or reconsider
10            the order is filed under paragraph (12) of
11            subsection (d) of this Section;
12                (iv) records impounded by the Illinois State
13            Police may be disseminated by the Illinois State
14            Police only as required by law or to the arresting
15            authority, the State's Attorney, and the court
16            upon a later arrest for the same or a similar
17            offense or for the purpose of sentencing for any
18            subsequent felony, and to the Department of
19            Corrections upon conviction for any offense; and
20                (v) in response to an inquiry for these
21            records from anyone not authorized by law to
22            access the records, the court, the Illinois State
23            Police, or the agency receiving the inquiry shall
24            reply as it does in response to inquiries when no
25            records ever existed.
26            (C) Upon entry of an order to seal records under

 

 

HB1090- 28 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 29 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 30 -LRB103 04858 RLC 49868 b

1    collected for the petition to seal or expunge, the circuit
2    court clerk shall deposit $10 into the Circuit Court Clerk
3    Operation and Administrative Fund, to be used to offset
4    the costs incurred by the circuit court clerk in
5    performing the additional duties required to serve the
6    petition to seal or expunge on all parties. The circuit
7    court clerk shall collect and remit the Illinois State
8    Police portion of the fee to the State Treasurer and it
9    shall be deposited in the State Police Services Fund. If
10    the record brought under an expungement petition was
11    previously sealed under this Section, the fee for the
12    expungement petition for that same record shall be waived.
13        (11) Final Order. No court order issued under the
14    expungement or sealing provisions of this Section shall
15    become final for purposes of appeal until 30 days after
16    service of the order on the petitioner and all parties
17    entitled to notice of the petition.
18        (12) Motion to Vacate, Modify, or Reconsider. Under
19    Section 2-1203 of the Code of Civil Procedure, the
20    petitioner or any party entitled to notice may file a
21    motion to vacate, modify, or reconsider the order granting
22    or denying the petition to expunge or seal within 60 days
23    of service of the order. If filed more than 60 days after
24    service of the order, a petition to vacate, modify, or
25    reconsider shall comply with subsection (c) of Section
26    2-1401 of the Code of Civil Procedure. Upon filing of a

 

 

HB1090- 31 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 32 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 33 -LRB103 04858 RLC 49868 b

1before the entry of the order. All records sealed by the
2Illinois State Police may be disseminated by the Illinois
3State Police only to the arresting authority, the State's
4Attorney, and the court upon a later arrest for the same or
5similar offense or for the purpose of sentencing for any
6subsequent felony. Upon conviction for any subsequent offense,
7the Department of Corrections shall have access to all sealed
8records of the Illinois State Police pertaining to that
9individual. Upon entry of the order of expungement, the
10circuit court clerk shall promptly mail a copy of the order to
11the person who was pardoned.
12    (e-5) Whenever a person who has been convicted of an
13offense is granted a certificate of eligibility for sealing by
14the Prisoner Review Board which specifically authorizes
15sealing, he or she may, upon verified petition to the Chief
16Judge of the circuit where the person had been convicted, any
17judge of the circuit designated by the Chief Judge, or in
18counties of less than 3,000,000 inhabitants, the presiding
19trial judge at the petitioner's trial, have a court order
20entered sealing the record of arrest from the official records
21of the arresting authority and order that the records of the
22circuit court clerk and the Illinois State Police be sealed
23until further order of the court upon good cause shown or as
24otherwise provided herein, and the name of the petitioner
25obliterated from the official index requested to be kept by
26the circuit court clerk under Section 16 of the Clerks of

 

 

HB1090- 34 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 35 -LRB103 04858 RLC 49868 b

1of the circuit court clerk and the Illinois State Police be
2sealed until further order of the court upon good cause shown
3or as otherwise provided herein, and the name of the
4petitioner obliterated from the official index requested to be
5kept by the circuit court clerk under Section 16 of the Clerks
6of Courts Act in connection with the arrest and conviction for
7the offense for which he or she had been granted the
8certificate but the order shall not affect any index issued by
9the circuit court clerk before the entry of the order. All
10records sealed by the Illinois State Police may be
11disseminated by the Illinois State Police only as required by
12this Act or to the arresting authority, a law enforcement
13agency, the State's Attorney, and the court upon a later
14arrest for the same or similar offense or for the purpose of
15sentencing for any subsequent felony. Upon conviction for any
16subsequent offense, the Department of Corrections shall have
17access to all expunged records of the Illinois State Police
18pertaining to that individual. Upon entry of the order of
19expungement, the circuit court clerk shall promptly mail a
20copy of the order to the person who was granted the certificate
21of eligibility for expungement.
22    (f) Subject to available funding, the Illinois Department
23of Corrections shall conduct a study of the impact of sealing,
24especially on employment and recidivism rates, utilizing a
25random sample of those who apply for the sealing of their
26criminal records under Public Act 93-211. At the request of

 

 

HB1090- 36 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 37 -LRB103 04858 RLC 49868 b

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

 

 

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

 

 

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

 

 

HB1090- 40 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 41 -LRB103 04858 RLC 49868 b

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

 

 

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

 

 

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

 

 

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

 

 

HB1090- 45 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 46 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 47 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 48 -LRB103 04858 RLC 49868 b

1    one individual. Motions filed by a State's Attorney
2    concerning more than one individual may be prepared,
3    presented, and signed electronically. When considering
4    such a motion to vacate and expunge, a court shall
5    consider the following: the reasons to retain the records
6    provided by law enforcement, the individual's age, the
7    individual's age at the time of offense, the time since
8    the conviction, and the specific adverse consequences if
9    denied. Upon entry of an order granting a motion to vacate
10    and expunge records pursuant to this Section, the State's
11    Attorney shall notify the Prisoner Review Board within 30
12    days. Upon entry of the order of expungement, the circuit
13    court clerk shall promptly provide a copy of the order and
14    a certificate of disposition to the individual whose
15    records will be expunged to the individual's last known
16    address or by electronic means (if available) or otherwise
17    make available to the individual upon request. If a motion
18    to vacate and expunge is granted, the records shall be
19    expunged in accordance with subparagraphs (d)(8) and
20    (d)(9)(A) of this Section.
21        (5) In the public interest, the State's Attorney of a
22    county has standing to file motions to vacate and expunge
23    pursuant to this Section in the circuit court with
24    jurisdiction over the underlying conviction.
25        (6) If a person is arrested for a Minor Cannabis
26    Offense as defined in this Section before June 25, 2019

 

 

HB1090- 49 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 50 -LRB103 04858 RLC 49868 b

1    Illinois State Police, for verifying that his or her
2    records relating to Minor Cannabis Offenses of the
3    Cannabis Control Act eligible under this Section have been
4    expunged.
5        (9) No conviction vacated pursuant to this Section
6    shall serve as the basis for damages for time unjustly
7    served as provided in the Court of Claims Act.
8        (10) Effect of Expungement. A person's right to
9    expunge an expungeable offense shall not be limited under
10    this Section. The effect of an order of expungement shall
11    be to restore the person to the status he or she occupied
12    before the arrest, charge, or conviction.
13        (11) Information. The Illinois State Police shall post
14    general information on its website about the expungement
15    process described in this subsection (i).
16    (j) Felony Prostitution Convictions.
17        (1) Any individual may file a motion to vacate and
18    expunge a conviction for a prior Class 4 felony violation
19    of prostitution. Motions to vacate and expunge under this
20    subsection (j) may be filed with the circuit court, Chief
21    Judge of a judicial circuit, or any judge of the circuit
22    designated by the Chief Judge. When considering the motion
23    to vacate and expunge, a court shall consider the
24    following:
25            (A) the reasons to retain the records provided by
26        law enforcement;

 

 

HB1090- 51 -LRB103 04858 RLC 49868 b

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

 

 

HB1090- 52 -LRB103 04858 RLC 49868 b

1    than one individual. When considering the motion to vacate
2    and expunge, a court shall consider the following reasons:
3            (A) the reasons to retain the records provided by
4        law enforcement;
5            (B) the petitioner's age;
6            (C) the petitioner's age at the time of offense;
7            (D) the time since the conviction; and
8            (E) the specific adverse consequences if denied.
9        If the State's Attorney files a motion to vacate and
10    expunge records for felony prostitution convictions
11    pursuant to this Section, the State's Attorney shall
12    notify the Prisoner Review Board within 30 days of the
13    filing. If a motion to vacate and expunge is granted, the
14    records shall be expunged in accordance with subparagraph
15    (d)(9)(A) of this Section.
16        (3) In the public interest, the State's Attorney of a
17    county has standing to file motions to vacate and expunge
18    pursuant to this Section in the circuit court with
19    jurisdiction over the underlying conviction.
20        (4) The Illinois State Police shall allow a person to
21    a use the access and review process, established in the
22    Illinois State Police, for verifying that his or her
23    records relating to felony prostitution eligible under
24    this Section have been expunged.
25        (5) No conviction vacated pursuant to this Section
26    shall serve as the basis for damages for time unjustly

 

 

HB1090- 53 -LRB103 04858 RLC 49868 b

1    served as provided in the Court of Claims Act.
2        (6) Effect of Expungement. A person's right to expunge
3    an expungeable offense shall not be limited under this
4    Section. The effect of an order of expungement shall be to
5    restore the person to the status he or she occupied before
6    the arrest, charge, or conviction.
7        (7) Information. The Illinois State Police shall post
8    general information on its website about the expungement
9    process described in this subsection (j).
10    (j) Notwithstanding any other provision of this Section to
11the contrary, the Illinois State Police and all law
12enforcement agencies within the State shall automatically
13expunge all criminal history records of an arrest, charge not
14initiated by arrest, order of supervision, or order of
15qualified probation for any person who, on or after January 1,
161970, has been convicted of, pled guilty to, or is serving an
17order of supervision for a violation of Section 4 or 5 of the
18Cannabis Control Act or a predecessor law of this State
19prohibiting the possession or delivery of cannabis whether or
20not the person has served or is serving his or her sentence for
21that violation on the effective date of this amendatory Act of
22the 103rd General Assembly. The clerk of the circuit court
23shall, on the effective date of this amendatory Act of the
24103rd General Assembly, automatically expunge the court
25records of a person who, on or after January 1, 1970, has been
26convicted of, or is serving an order of supervision for, a

 

 

HB1090- 54 -LRB103 04858 RLC 49868 b

1violation of Section 4 or 5 of the Cannabis Control Act or a
2predecessor law of this State prohibiting the possession or
3delivery of cannabis whether or not the person has served or is
4serving his or her sentence for that violation on the
5effective date of this amendatory Act of the 103rd General
6Assembly. A person imprisoned solely as a result of one or more
7convictions for a violation of Section 4 or 5 of the Cannabis
8Control Act under this subsection (j) shall be released from
9incarceration on the effective date of this amendatory Act of
10the 103rd General Assembly. This subsection (j) does not apply
11to offenses involving the manufacture or production of
12cannabis.
13    (k) Notwithstanding any other provision of subsections (i)
14and (j), no person shall be eligible for expungement under
15subsection (i) or (j) if the violation occurred during the
16commission by the person of first degree murder, kidnapping,
17aggravated kidnaping, criminal sexual assault, aggravated
18criminal sexual assault, predatory criminal sexual assault of
19a child, aggravated criminal sexual abuse, or felony criminal
20sexual abuse.
21(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
22101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
2312-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
24102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.
255-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)
 

 

 

HB1090- 55 -LRB103 04858 RLC 49868 b

1    Section 10. The Cannabis Regulation and Tax Act is amended
2by changing Section 10-15 as follows:
 
3    (410 ILCS 705/10-15)
4    Sec. 10-15. Persons under 21 years of age.
5    (a) Nothing in this Act is intended to permit the transfer
6of cannabis, with or without remuneration, to a person under
721 years of age, or to allow a person under 21 years of age to
8purchase, possess, use, process, transport, grow, or consume
9cannabis except where authorized by the Compassionate Use of
10Medical Cannabis Program Act or by the Community College
11Cannabis Vocational Pilot Program.
12    (b) Notwithstanding any other provisions of law
13authorizing the possession of medical cannabis, nothing in
14this Act authorizes a person who is under 21 years of age to
15possess cannabis. A person under 21 years of age with cannabis
16in his or her possession is guilty of a civil law violation
17punishable by a minimum fine of $100 and a maximum fine of $200
18as outlined in paragraph (a) of Section 4 of the Cannabis
19Control Act. The proceeds of the fine shall be payable to the
20clerk of the circuit court. Within 30 days after the deposit of
21the fine, the clerk shall distribute the proceeds of the fine
22as follows:
23        (1) $10 of the fine to the circuit clerk and $10 of the
24    fine to the law enforcement agency that issued the
25    citation; the proceeds of each $10 fine distributed to the

 

 

HB1090- 56 -LRB103 04858 RLC 49868 b

1    circuit clerk and each $10 fine distributed to the law
2    enforcement agency that issued the citation for the
3    violation shall be used to defer the cost of automatic
4    expungements under paragraph (2.5) of subsection (a) of
5    Section 5.2 of the Criminal Identification Act;
6        (2) $15 to the county to fund drug addiction services;
7        (3) $10 to the Office of the State's Attorneys
8    Appellate Prosecutor for use in training programs;
9        (4) $10 to the State's Attorney; and
10        (5) any remainder of the fine to the law enforcement
11    agency that issued the citation for the violation.
12    With respect to funds designated for the Illinois State
13Police, the moneys shall be remitted by the circuit court
14clerk to the Illinois State Police within one month after
15receipt for deposit into the State Police Operations
16Assistance Fund. With respect to funds designated for the
17Department of Natural Resources, the Department of Natural
18Resources shall deposit the moneys into the Conservation
19Police Operations Assistance Fund.
20    (c) If the person under the age of 21 was in a motor
21vehicle at the time of the offense, the Secretary of State may
22suspend or revoke the driving privileges of any person for a
23violation of this Section under Section 6-206 of the Illinois
24Vehicle Code and the rules adopted under it.
25    (d) It is unlawful for any parent or guardian to knowingly
26permit his or her residence, any other private property under

 

 

HB1090- 57 -LRB103 04858 RLC 49868 b

1his or her control, or any vehicle, conveyance, or watercraft
2under his or her control to be used by an invitee of the
3parent's child or the guardian's ward, if the invitee is under
4the age of 21, in a manner that constitutes a violation of this
5Section. A parent or guardian is deemed to have knowingly
6permitted his or her residence, any other private property
7under his or her control, or any vehicle, conveyance, or
8watercraft under his or her control to be used in violation of
9this Section if he or she knowingly authorizes or permits
10consumption of cannabis by underage invitees. Any person who
11violates this subsection (d) is guilty of a Class A
12misdemeanor and the person's sentence shall include, but shall
13not be limited to, a fine of not less than $500. If a violation
14of this subsection (d) directly or indirectly results in great
15bodily harm or death to any person, the person violating this
16subsection is guilty of a Class 4 felony. In this subsection
17(d), where the residence or other property has an owner and a
18tenant or lessee, the trier of fact may infer that the
19residence or other property is occupied only by the tenant or
20lessee.
21(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
22    Section 15. The Cannabis Control Act is amended by
23changing Section 5 as follows:
 
24    (720 ILCS 550/5)  (from Ch. 56 1/2, par. 705)

 

 

HB1090- 58 -LRB103 04858 RLC 49868 b

1    Sec. 5. Except as otherwise provided in the Cannabis
2Regulation and Tax Act and the Industrial Hemp Act, it is
3unlawful for any person knowingly to manufacture, deliver, or
4possess with intent to deliver, or manufacture, cannabis. Any
5person who violates this Section with respect to:
6        (a) not more than 2.5 grams of any substance
7    containing cannabis is guilty of a Class B misdemeanor;
8        (b) more than 2.5 grams but not more than 10 grams of
9    any substance containing cannabis is guilty of a Class A
10    misdemeanor;
11        (c) more than 10 grams but not more than 30 grams of
12    any substance containing cannabis is guilty of a Class 4
13    felony;
14        (d) more than 30 grams but not more than 500 grams of
15    any substance containing cannabis is guilty of a Class 3
16    felony for which a fine not to exceed $50,000 may be
17    imposed;
18        (e) more than 500 grams but not more than 2,000 grams
19    of any substance containing cannabis is guilty of a Class
20    2 felony for which a fine not to exceed $100,000 may be
21    imposed;
22        (f) more than 2,000 grams but not more than 5,000
23    grams of any substance containing cannabis is guilty of a
24    Class 1 felony for which a fine not to exceed $150,000 may
25    be imposed;
26        (g) more than 5,000 grams of any substance containing

 

 

HB1090- 59 -LRB103 04858 RLC 49868 b

1    cannabis is guilty of a Class X felony for which a fine not
2    to exceed $200,000 may be imposed.
3(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
4    (720 ILCS 550/4 rep.)
5    Section 20. The Cannabis Control Act is amended by
6repealing Section 4.