Sen. Antonio Muņoz

Filed: 2/28/2012

 

 


 

 


 
09700SB3458sam001LRB097 17386 RLC 66581 a

1
AMENDMENT TO SENATE BILL 3458

2    AMENDMENT NO. ______. Amend Senate Bill 3458 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Identification Act is amended by
5changing Sections 5.2 and 13 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),

 

 

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

 

 

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

 

 

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1        subsection (a)(1)(D)) that terminates last in time in
2        any jurisdiction, regardless of whether the petitioner
3        has included the criminal offense for which the
4        sentence or order of supervision or qualified
5        probation was imposed in his or her petition. If
6        multiple sentences, orders of supervision, or orders
7        of qualified probation terminate on the same day and
8        are last in time, they shall be collectively considered
9        the "last sentence" regardless of whether they were
10        ordered to run concurrently.
11            (G) "Minor traffic offense" means a petty offense,
12        business offense, or Class C misdemeanor under the
13        Illinois Vehicle Code or a similar provision of a
14        municipal or local ordinance.
15            (H) "Municipal ordinance violation" means an
16        offense defined by a municipal or local ordinance that
17        is criminal in nature and with which the petitioner was
18        charged or for which the petitioner was arrested and
19        released without charging.
20            (I) "Petitioner" means an adult or a minor
21        prosecuted as an adult who has applied for relief under
22        this Section.
23            (J) "Qualified probation" means an order of
24        probation under Section 10 of the Cannabis Control Act,
25        Section 410 of the Illinois Controlled Substances Act,
26        Section 70 of the Methamphetamine Control and

 

 

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

 

 

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1        solicitation of a child or criminal sexual abuse when
2        the victim of such offense is under 18 years of age.
3            (M) "Terminate" as it relates to a sentence or
4        order of supervision or qualified probation includes
5        either satisfactory or unsatisfactory termination of
6        the sentence, unless otherwise specified in this
7        Section.
8        (2) Minor Traffic Offenses. Orders of supervision or
9    convictions for minor traffic offenses shall not affect a
10    petitioner's eligibility to expunge or seal records
11    pursuant to this Section.
12        (3) Exclusions. Except as otherwise provided in
13    subsections (b)(5), (b)(6), and (e), and (e-5) of this
14    Section, the court shall not order:
15            (A) the sealing or expungement of the records of
16        arrests or charges not initiated by arrest that result
17        in an order of supervision for or conviction of: (i)
18        any sexual offense committed against a minor; (ii)
19        Section 11-501 of the Illinois Vehicle Code or a
20        similar provision of a local ordinance; or (iii)
21        Section 11-503 of the Illinois Vehicle Code or a
22        similar provision of a local ordinance.
23            (B) the sealing or expungement of records of minor
24        traffic offenses (as defined in subsection (a)(1)(G)),
25        unless the petitioner was arrested and released
26        without charging.

 

 

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1            (C) the sealing of the records of arrests or
2        charges not initiated by arrest which result in an
3        order of supervision, an order of qualified probation
4        (as defined in subsection (a)(1)(J)), or a conviction
5        for the following offenses:
6                (i) offenses included in Article 11 of the
7            Criminal Code of 1961 or a similar provision of a
8            local ordinance, except Section 11-14 of the
9            Criminal Code of 1961 or a similar provision of a
10            local ordinance;
11                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or
12            26-5 of the Criminal Code of 1961 or a similar
13            provision of a local ordinance;
14                (iii) offenses defined as "crimes of violence"
15            in Section 2 of the Crime Victims Compensation Act
16            or a similar provision of a local ordinance;
17                (iv) offenses which are Class A misdemeanors
18            under the Humane Care for Animals Act; or
19                (v) any offense or attempted offense that
20            would subject a person to registration under the
21            Sex Offender Registration Act.
22            (D) the sealing of the records of an arrest which
23        results in the petitioner being charged with a felony
24        offense or records of a charge not initiated by arrest
25        for a felony offense unless:
26                (i) the charge is amended to a misdemeanor and

 

 

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1            is otherwise eligible to be sealed pursuant to
2            subsection (c);
3                (ii) the charge is brought along with another
4            charge as a part of one case and the charge results
5            in acquittal, dismissal, or conviction when the
6            conviction was reversed or vacated, and another
7            charge brought in the same case results in a
8            disposition for a misdemeanor offense that is
9            eligible to be sealed pursuant to subsection (c) or
10            a disposition listed in paragraph (i), (iii), or
11            (iv) of this subsection;
12                (iii) the charge results in first offender
13            probation as set forth in subsection (c)(2)(E);
14                (iv) the charge is for a Class 4 felony offense
15            listed in subsection (c)(2)(F) or the charge is
16            amended to a Class 4 felony offense listed in
17            subsection (c)(2)(F). Records of arrests which
18            result in the petitioner being charged with a Class
19            4 felony offense listed in subsection (c)(2)(F),
20            records of charges not initiated by arrest for
21            Class 4 felony offenses listed in subsection
22            (c)(2)(F), and records of charges amended to a
23            Class 4 felony offense listed in (c)(2)(F) may be
24            sealed, regardless of the disposition, subject to
25            any waiting periods set forth in subsection
26            (c)(3);

 

 

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1                (v) the charge results in acquittal,
2            dismissal, or the petitioner's release without
3            conviction; or
4                (vi) the charge results in a conviction, but
5            the conviction was reversed or vacated.
6    (b) Expungement.
7        (1) A petitioner may petition the circuit court to
8    expunge the records of his or her arrests and charges not
9    initiated by arrest when:
10            (A) He or she has never been convicted of a
11        criminal offense; and
12            (B) Each arrest or charge not initiated by arrest
13        sought to be expunged resulted in: (i) acquittal,
14        dismissal, or the petitioner's release without
15        charging, unless excluded by subsection (a)(3)(B);
16        (ii) a conviction which was vacated or reversed, unless
17        excluded by subsection (a)(3)(B); (iii) an order of
18        supervision and such supervision was successfully
19        completed by the petitioner, unless excluded by
20        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
21        qualified probation (as defined in subsection
22        (a)(1)(J)) and such probation was successfully
23        completed by the petitioner.
24        (2) Time frame for filing a petition to expunge.
25            (A) When the arrest or charge not initiated by
26        arrest sought to be expunged resulted in an acquittal,

 

 

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

 

 

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1        expungement until 5 years have passed following the
2        satisfactory termination of the probation.
3        (3) Those records maintained by the Department for
4    persons arrested prior to their 17th birthday shall be
5    expunged as provided in Section 5-915 of the Juvenile Court
6    Act of 1987.
7        (4) Whenever a person has been arrested for or
8    convicted of any offense, in the name of a person whose
9    identity he or she has stolen or otherwise come into
10    possession of, the aggrieved person from whom the identity
11    was stolen or otherwise obtained without authorization,
12    upon learning of the person having been arrested using his
13    or her identity, may, upon verified petition to the chief
14    judge of the circuit wherein the arrest was made, have a
15    court order entered nunc pro tunc by the Chief Judge to
16    correct the arrest record, conviction record, if any, and
17    all official records of the arresting authority, the
18    Department, other criminal justice agencies, the
19    prosecutor, and the trial court concerning such arrest, if
20    any, by removing his or her name from all such records in
21    connection with the arrest and conviction, if any, and by
22    inserting in the records the name of the offender, if known
23    or ascertainable, in lieu of the aggrieved's name. The
24    records of the circuit court clerk shall be sealed until
25    further order of the court upon good cause shown and the
26    name of the aggrieved person obliterated on the official

 

 

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

 

 

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1    and convincing evidence that the petitioner was factually
2    innocent of the charge, the court shall enter an
3    expungement order as provided in subsection (b) of Section
4    5-5-4 of the Unified Code of Corrections.
5        (7) Nothing in this Section shall prevent the
6    Department of State Police from maintaining all records of
7    any person who is admitted to probation upon terms and
8    conditions and who fulfills those terms and conditions
9    pursuant to Section 10 of the Cannabis Control Act, Section
10    410 of the Illinois Controlled Substances Act, Section 70
11    of the Methamphetamine Control and Community Protection
12    Act, Section 12-4.3 or subdivision (b)(1) of Section
13    12-3.05 of the Criminal Code of 1961, Section 10-102 of the
14    Illinois Alcoholism and Other Drug Dependency Act, Section
15    40-10 of the Alcoholism and Other Drug Abuse and Dependency
16    Act, or Section 10 of the Steroid Control Act.
17    (c) Sealing.
18        (1) Applicability. Notwithstanding any other provision
19    of this Act to the contrary, and cumulative with any rights
20    to expungement of criminal records, this subsection
21    authorizes the sealing of criminal records of adults and of
22    minors prosecuted as adults.
23        (2) Eligible Records. The following records may be
24    sealed:
25            (A) All arrests resulting in release without
26        charging;

 

 

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1            (B) Arrests or charges not initiated by arrest
2        resulting in acquittal, dismissal, or conviction when
3        the conviction was reversed or vacated, except as
4        excluded by subsection (a)(3)(B);
5            (C) Arrests or charges not initiated by arrest
6        resulting in orders of supervision successfully
7        completed by the petitioner, unless excluded by
8        subsection (a)(3);
9            (D) Arrests or charges not initiated by arrest
10        resulting in convictions unless excluded by subsection
11        (a)(3);
12            (E) Arrests or charges not initiated by arrest
13        resulting in orders of first offender probation under
14        Section 10 of the Cannabis Control Act, Section 410 of
15        the Illinois Controlled Substances Act, or Section 70
16        of the Methamphetamine Control and Community
17        Protection Act; and
18            (F) Arrests or charges not initiated by arrest
19        resulting in Class 4 felony convictions for the
20        following offenses:
21                (i) Section 11-14 of the Criminal Code of 1961;
22                (ii) Section 4 of the Cannabis Control Act;
23                (iii) Section 402 of the Illinois Controlled
24            Substances Act;
25                (iv) the Methamphetamine Precursor Control
26            Act; and

 

 

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1                (v) the Steroid Control Act.
2        (3) When Records Are Eligible to Be Sealed. Records
3    identified as eligible under subsection (c)(2) may be
4    sealed as follows:
5            (A) Records identified as eligible under
6        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
7        time.
8            (B) Records identified as eligible under
9        subsection (c)(2)(C) may be sealed (i) 3 years after
10        the termination of petitioner's last sentence (as
11        defined in subsection (a)(1)(F)) if the petitioner has
12        never been convicted of a criminal offense (as defined
13        in subsection (a)(1)(D)); or (ii) 4 years after the
14        termination of the petitioner's last sentence (as
15        defined in subsection (a)(1)(F)) if the petitioner has
16        ever been convicted of a criminal offense (as defined
17        in subsection (a)(1)(D)).
18            (C) Records identified as eligible under
19        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
20        sealed 4 years after the termination of the
21        petitioner's last sentence (as defined in subsection
22        (a)(1)(F)).
23        (4) Subsequent felony convictions. A person may not
24    have subsequent felony conviction records sealed as
25    provided in this subsection (c) if he or she is convicted
26    of any felony offense after the date of the sealing of

 

 

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1    prior felony convictions as provided in this subsection
2    (c). The court may, upon conviction for a subsequent felony
3    offense, order the unsealing of prior felony conviction
4    records previously ordered sealed by the court.
5        (5) Notice of eligibility for sealing. Upon entry of a
6    disposition for an eligible record under this subsection
7    (c), the petitioner shall be informed by the court of the
8    right to have the records sealed and the procedures for the
9    sealing of the records.
10    (d) Procedure. The following procedures apply to
11expungement under subsections (b) and (e), and sealing under
12subsections subsection (c) and (e-5):
13        (1) Filing the petition. Upon becoming eligible to
14    petition for the expungement or sealing of records under
15    this Section, the petitioner shall file a petition
16    requesting the expungement or sealing of records with the
17    clerk of the court where the arrests occurred or the
18    charges were brought, or both. If arrests occurred or
19    charges were brought in multiple jurisdictions, a petition
20    must be filed in each such jurisdiction. The petitioner
21    shall pay the applicable fee, if not waived.
22        (2) Contents of petition. The petition shall be
23    verified and shall contain the petitioner's name, date of
24    birth, current address and, for each arrest or charge not
25    initiated by arrest sought to be sealed or expunged, the
26    case number, the date of arrest (if any), the identity of

 

 

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

 

 

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1        (5) Objections.
2            (A) Any party entitled to notice of the petition
3        may file an objection to the petition. All objections
4        shall be in writing, shall be filed with the circuit
5        court clerk, and shall state with specificity the basis
6        of the objection.
7            (B) Objections to a petition to expunge or seal
8        must be filed within 60 days of the date of service of
9        the petition.
10        (6) Entry of order.
11            (A) The Chief Judge of the circuit wherein the
12        charge was brought, any judge of that circuit
13        designated by the Chief Judge, or in counties of less
14        than 3,000,000 inhabitants, the presiding trial judge
15        at the petitioner's trial, if any, shall rule on the
16        petition to expunge or seal as set forth in this
17        subsection (d)(6).
18            (B) Unless the State's Attorney or prosecutor, the
19        Department of State Police, the arresting agency, or
20        the chief legal officer files an objection to the
21        petition to expunge or seal within 60 days from the
22        date of service of the petition, the court shall enter
23        an order granting or denying the petition.
24        (7) Hearings. If an objection is filed, the court shall
25    set a date for a hearing and notify the petitioner and all
26    parties entitled to notice of the petition of the hearing

 

 

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1    date at least 30 days prior to the hearing, and shall hear
2    evidence on whether the petition should or should not be
3    granted, and shall grant or deny the petition to expunge or
4    seal the records based on the evidence presented at the
5    hearing.
6        (8) Service of order. After entering an order to
7    expunge or seal records, the court must provide copies of
8    the order to the Department, in a form and manner
9    prescribed by the Department, to the petitioner, to the
10    State's Attorney or prosecutor charged with the duty of
11    prosecuting the offense, to the arresting agency, to the
12    chief legal officer of the unit of local government
13    effecting the arrest, and to such other criminal justice
14    agencies as may be ordered by the court.
15        (9) Effect of order.
16            (A) Upon entry of an order to expunge records
17        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
18                (i) the records shall be expunged (as defined
19            in subsection (a)(1)(E)) by the arresting agency,
20            the Department, and any other agency as ordered by
21            the court, within 60 days of the date of service of
22            the order, unless a motion to vacate, modify, or
23            reconsider the order is filed pursuant to
24            paragraph (12) of subsection (d) of this Section;
25                (ii) the records of the circuit court clerk
26            shall be impounded until further order of the court

 

 

09700SB3458sam001- 20 -LRB097 17386 RLC 66581 a

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

 

 

09700SB3458sam001- 21 -LRB097 17386 RLC 66581 a

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

 

 

09700SB3458sam001- 22 -LRB097 17386 RLC 66581 a

1        shall seal the records (as defined in subsection
2        (a)(1)(K)). In response to an inquiry for such records
3        from anyone not authorized by law to access such
4        records the court, the Department, or the agency
5        receiving such inquiry shall reply as it does in
6        response to inquiries when no records ever existed.
7        (10) Fees. The Department may charge the petitioner a
8    fee equivalent to the cost of processing any order to
9    expunge or seal records. Notwithstanding any provision of
10    the Clerks of Courts Act to the contrary, the circuit court
11    clerk may charge a fee equivalent to the cost associated
12    with the sealing or expungement of records by the circuit
13    court clerk. From the total filing fee collected for the
14    petition to seal or expunge, the circuit court clerk shall
15    deposit $10 into the Circuit Court Clerk Operation and
16    Administrative Fund, to be used to offset the costs
17    incurred by the circuit court clerk in performing the
18    additional duties required to serve the petition to seal or
19    expunge on all parties. The circuit court clerk shall
20    collect and forward the Department of State Police portion
21    of the fee to the Department and it shall be deposited in
22    the State Police Services Fund.
23        (11) Final Order. No court order issued under the
24    expungement or sealing provisions of this Section shall
25    become final for purposes of appeal until 30 days after
26    service of the order on the petitioner and all parties

 

 

09700SB3458sam001- 23 -LRB097 17386 RLC 66581 a

1    entitled to notice of the petition.
2        (12) Motion to Vacate, Modify, or Reconsider. The
3    petitioner or any party entitled to notice may file a
4    motion to vacate, modify, or reconsider the order granting
5    or denying the petition to expunge or seal within 60 days
6    of service of the order.
7    (e) Whenever a person who has been convicted of an offense
8is granted a pardon by the Governor which specifically
9authorizes expungement, he or she may, upon verified petition
10to the Chief Judge of the circuit where the person had been
11convicted, any judge of the circuit designated by the Chief
12Judge, or in counties of less than 3,000,000 inhabitants, the
13presiding trial judge at the defendant's trial, have a court
14order entered expunging the record of arrest from the official
15records of the arresting authority and order that the records
16of the circuit court clerk and the Department be sealed until
17further order of the court upon good cause shown or as
18otherwise provided herein, and the name of the defendant
19obliterated from the official index requested to be kept by the
20circuit court clerk under Section 16 of the Clerks of Courts
21Act in connection with the arrest and conviction for the
22offense for which he or she had been pardoned but the order
23shall not affect any index issued by the circuit court clerk
24before the entry of the order. All records sealed by the
25Department may be disseminated by the Department only as
26required by law or to the arresting authority, the State's

 

 

09700SB3458sam001- 24 -LRB097 17386 RLC 66581 a

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

 

 

09700SB3458sam001- 25 -LRB097 17386 RLC 66581 a

1before the entry of the order. All records sealed by the
2Department may be disseminated by the Department only as
3required by this Act or to the arresting authority, a law
4enforcement agency, the State's Attorney, and the court upon a
5later arrest for the same or similar offense or for the purpose
6of sentencing for any subsequent felony. Upon conviction for
7any subsequent offense, the Department of Corrections shall
8have access to all sealed records of the Department pertaining
9to that individual. Upon entry of the order of sealing, the
10circuit court clerk shall promptly mail a copy of the order to
11the person who was granted the certificate of eligibility for
12sealing.
13    (f) Subject to available funding, the Illinois Department
14of Corrections shall conduct a study of the impact of sealing,
15especially on employment and recidivism rates, utilizing a
16random sample of those who apply for the sealing of their
17criminal records under Public Act 93-211. At the request of the
18Illinois Department of Corrections, records of the Illinois
19Department of Employment Security shall be utilized as
20appropriate to assist in the study. The study shall not
21disclose any data in a manner that would allow the
22identification of any particular individual or employing unit.
23The study shall be made available to the General Assembly no
24later than September 1, 2010.
25(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
2696-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.

 

 

09700SB3458sam001- 26 -LRB097 17386 RLC 66581 a

17-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
2eff. 8-19-11; revised 9-6-11.)
 
3    (20 ILCS 2630/13)
4    Sec. 13. Retention and release of sealed records.
5    (a) The Department of State Police shall retain records
6sealed under subsection (c), or (e), or (e-5) of Section 5.2 or
7impounded under subparagraph (B) of paragraph (9) of subsection
8(d) of Section 5.2 and shall release them only as authorized by
9this Act. Felony records sealed under subsection (c), or (e),
10or (e-5) of Section 5.2 or impounded under subparagraph (B) of
11paragraph (9) of subsection (d) of Section 5.2 shall be used
12and disseminated by the Department only as otherwise
13specifically required or authorized by a federal or State law,
14rule, or regulation that requires inquiry into and release of
15criminal records, including, but not limited to, subsection (A)
16of Section 3 of this Act. However, all requests for records
17that have been expunged, sealed, and impounded and the use of
18those records are subject to the provisions of Section 2-103 of
19the Illinois Human Rights Act. Upon conviction for any offense,
20the Department of Corrections shall have access to all sealed
21records of the Department pertaining to that individual.
22    (b) Notwithstanding the foregoing, all sealed or impounded
23records are subject to inspection and use by the court and
24inspection and use by law enforcement agencies and State's
25Attorneys or other prosecutors in carrying out the duties of

 

 

09700SB3458sam001- 27 -LRB097 17386 RLC 66581 a

1their offices.
2    (c) The sealed or impounded records maintained under
3subsection (a) are exempt from disclosure under the Freedom of
4Information Act.
5    (d) The Department of State Police shall commence the
6sealing of records of felony arrests and felony convictions
7pursuant to the provisions of subsection (c) of Section 5.2 of
8this Act no later than one year from the date that funds have
9been made available for purposes of establishing the
10technologies necessary to implement the changes made by this
11amendatory Act of the 93rd General Assembly.
12(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10.)
 
13    Section 10. The Unified Code of Corrections is amended by
14changing Section 3-3-2 as follows:
 
15    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
16    Sec. 3-3-2. Powers and Duties.
17    (a) The Parole and Pardon Board is abolished and the term
18"Parole and Pardon Board" as used in any law of Illinois, shall
19read "Prisoner Review Board." After the effective date of this
20amendatory Act of 1977, the Prisoner Review Board shall provide
21by rule for the orderly transition of all files, records, and
22documents of the Parole and Pardon Board and for such other
23steps as may be necessary to effect an orderly transition and
24shall:

 

 

09700SB3458sam001- 28 -LRB097 17386 RLC 66581 a

1        (1) hear by at least one member and through a panel of
2    at least 3 members decide, cases of prisoners who were
3    sentenced under the law in effect prior to the effective
4    date of this amendatory Act of 1977, and who are eligible
5    for parole;
6        (2) hear by at least one member and through a panel of
7    at least 3 members decide, the conditions of parole and the
8    time of discharge from parole, impose sanctions for
9    violations of parole, and revoke parole for those sentenced
10    under the law in effect prior to this amendatory Act of
11    1977; provided that the decision to parole and the
12    conditions of parole for all prisoners who were sentenced
13    for first degree murder or who received a minimum sentence
14    of 20 years or more under the law in effect prior to
15    February 1, 1978 shall be determined by a majority vote of
16    the Prisoner Review Board. One representative supporting
17    parole and one representative opposing parole will be
18    allowed to speak. Their comments shall be limited to making
19    corrections and filling in omissions to the Board's
20    presentation and discussion;
21        (3) hear by at least one member and through a panel of
22    at least 3 members decide, the conditions of mandatory
23    supervised release and the time of discharge from mandatory
24    supervised release, impose sanctions for violations of
25    mandatory supervised release, and revoke mandatory
26    supervised release for those sentenced under the law in

 

 

09700SB3458sam001- 29 -LRB097 17386 RLC 66581 a

1    effect after the effective date of this amendatory Act of
2    1977;
3        (3.5) hear by at least one member and through a panel
4    of at least 3 members decide, the conditions of mandatory
5    supervised release and the time of discharge from mandatory
6    supervised release, to impose sanctions for violations of
7    mandatory supervised release and revoke mandatory
8    supervised release for those serving extended supervised
9    release terms pursuant to paragraph (4) of subsection (d)
10    of Section 5-8-1;
11        (4) hear by at least 1 member and through a panel of at
12    least 3 members, decide cases brought by the Department of
13    Corrections against a prisoner in the custody of the
14    Department for alleged violation of Department rules with
15    respect to good conduct credits pursuant to Section 3-6-3
16    of this Code in which the Department seeks to revoke good
17    conduct credits, if the amount of time at issue exceeds 30
18    days or when, during any 12 month period, the cumulative
19    amount of credit revoked exceeds 30 days except where the
20    infraction is committed or discovered within 60 days of
21    scheduled release. In such cases, the Department of
22    Corrections may revoke up to 30 days of good conduct
23    credit. The Board may subsequently approve the revocation
24    of additional good conduct credit, if the Department seeks
25    to revoke good conduct credit in excess of thirty days.
26    However, the Board shall not be empowered to review the

 

 

09700SB3458sam001- 30 -LRB097 17386 RLC 66581 a

1    Department's decision with respect to the loss of 30 days
2    of good conduct credit for any prisoner or to increase any
3    penalty beyond the length requested by the Department;
4        (5) hear by at least one member and through a panel of
5    at least 3 members decide, the release dates for certain
6    prisoners sentenced under the law in existence prior to the
7    effective date of this amendatory Act of 1977, in
8    accordance with Section 3-3-2.1 of this Code;
9        (6) hear by at least one member and through a panel of
10    at least 3 members decide, all requests for pardon,
11    reprieve or commutation, and make confidential
12    recommendations to the Governor;
13        (7) comply with the requirements of the Open Parole
14    Hearings Act;
15        (8) hear by at least one member and, through a panel of
16    at least 3 members, decide cases brought by the Department
17    of Corrections against a prisoner in the custody of the
18    Department for court dismissal of a frivolous lawsuit
19    pursuant to Section 3-6-3(d) of this Code in which the
20    Department seeks to revoke up to 180 days of good conduct
21    credit, and if the prisoner has not accumulated 180 days of
22    good conduct credit at the time of the dismissal, then all
23    good conduct credit accumulated by the prisoner shall be
24    revoked; and
25        (9) hear by at least 3 members, and, through a panel of
26    at least 3 members, decide whether to grant certificates of

 

 

09700SB3458sam001- 31 -LRB097 17386 RLC 66581 a

1    relief from disabilities or certificates of good conduct as
2    provided in Article 5.5 of Chapter V; and
3        (10) upon a petition by a person who has been convicted
4    of a Class 3 or Class 4 felony and who meets the
5    requirements of this paragraph, hear by at least 3 members
6    and, with the unanimous vote of a panel of 3 members, issue
7    a certificate of eligibility for sealing recommending that
8    the court order the sealing of all official records of the
9    arresting authority, the circuit court clerk, and the
10    Department of State Police concerning the arrest and
11    conviction for the Class 3 or 4 felony. A person may not
12    apply to the Board for a certificate of eligibility for
13    sealing:
14            (A) until 5 years have elapsed since the expiration
15        of his or her sentence;
16            (B) until 5 years have elapsed since any arrests or
17        detentions by a law enforcement officer for an alleged
18        violation of law, other than a petty offense, traffic
19        offense, conservation offense, or local ordinance
20        offense;
21            (C) if convicted of a violation of the Cannabis
22        Control Act, Illinois Controlled Substances Act, the
23        Methamphetamine Control and Community Protection Act,
24        the Methamphetamine Precursor Control Act, or the
25        Methamphetamine Precursor Tracking Act unless the
26        petitioner has completed a drug abuse program for the

 

 

09700SB3458sam001- 32 -LRB097 17386 RLC 66581 a

1        offense on which sealing is sought and provides proof
2        that he or she has completed the program successfully;
3            (D) if convicted of:
4                (i) a sex offense described in Article 11 or
5            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
6            the Criminal Code of 1961;
7                (ii) aggravated assault;
8                (iii) aggravated battery;
9                (iv) domestic battery;
10                (v) aggravated domestic battery;
11                (vi) violation of an order of protection;
12                (vii) an offense under the Criminal Code of
13            1961 involving a firearm;
14                (viii) driving while under the influence of
15            alcohol, other drug or drugs, intoxicating
16            compound or compounds or any combination thereof;
17                (ix) aggravated driving while under the
18            influence of alcohol, other drug or drugs,
19            intoxicating compound or compounds or any
20            combination thereof; or
21                (x) any crime defined as a crime of violence
22            under Section 2 of the Crime Victims Compensation
23            Act.
24    If a person has applied to the Board for a certificate of
25eligibility for sealing and the Board denies the certificate,
26the person must wait at least 4 years before filing again or

 

 

09700SB3458sam001- 33 -LRB097 17386 RLC 66581 a

1filing for pardon from the Governor unless the Chairman of the
2Prisoner Review Board grants a waiver.
3    The decision to issue or refrain from issuing a certificate
4of eligibility for sealing shall be at the Board's sole
5discretion, and shall not give rise to any cause of action
6against either the Board or its members.
7    (a-5) The Prisoner Review Board, with the cooperation of
8and in coordination with the Department of Corrections and the
9Department of Central Management Services, shall implement a
10pilot project in 3 correctional institutions providing for the
11conduct of hearings under paragraphs (1) and (4) of subsection
12(a) of this Section through interactive video conferences. The
13project shall be implemented within 6 months after the
14effective date of this amendatory Act of 1996. Within 6 months
15after the implementation of the pilot project, the Prisoner
16Review Board, with the cooperation of and in coordination with
17the Department of Corrections and the Department of Central
18Management Services, shall report to the Governor and the
19General Assembly regarding the use, costs, effectiveness, and
20future viability of interactive video conferences for Prisoner
21Review Board hearings.
22    (b) Upon recommendation of the Department the Board may
23restore good conduct credit previously revoked.
24    (c) The Board shall cooperate with the Department in
25promoting an effective system of parole and mandatory
26supervised release.

 

 

09700SB3458sam001- 34 -LRB097 17386 RLC 66581 a

1    (d) The Board shall promulgate rules for the conduct of its
2work, and the Chairman shall file a copy of such rules and any
3amendments thereto with the Director and with the Secretary of
4State.
5    (e) The Board shall keep records of all of its official
6actions and shall make them accessible in accordance with law
7and the rules of the Board.
8    (f) The Board or one who has allegedly violated the
9conditions of his parole or mandatory supervised release may
10require by subpoena the attendance and testimony of witnesses
11and the production of documentary evidence relating to any
12matter under investigation or hearing. The Chairman of the
13Board may sign subpoenas which shall be served by any agent or
14public official authorized by the Chairman of the Board, or by
15any person lawfully authorized to serve a subpoena under the
16laws of the State of Illinois. The attendance of witnesses, and
17the production of documentary evidence, may be required from
18any place in the State to a hearing location in the State
19before the Chairman of the Board or his designated agent or
20agents or any duly constituted Committee or Subcommittee of the
21Board. Witnesses so summoned shall be paid the same fees and
22mileage that are paid witnesses in the circuit courts of the
23State, and witnesses whose depositions are taken and the
24persons taking those depositions are each entitled to the same
25fees as are paid for like services in actions in the circuit
26courts of the State. Fees and mileage shall be vouchered for

 

 

09700SB3458sam001- 35 -LRB097 17386 RLC 66581 a

1payment when the witness is discharged from further attendance.
2    In case of disobedience to a subpoena, the Board may
3petition any circuit court of the State for an order requiring
4the attendance and testimony of witnesses or the production of
5documentary evidence or both. A copy of such petition shall be
6served by personal service or by registered or certified mail
7upon the person who has failed to obey the subpoena, and such
8person shall be advised in writing that a hearing upon the
9petition will be requested in a court room to be designated in
10such notice before the judge hearing motions or extraordinary
11remedies at a specified time, on a specified date, not less
12than 10 nor more than 15 days after the deposit of the copy of
13the written notice and petition in the U.S. mails addressed to
14the person at his last known address or after the personal
15service of the copy of the notice and petition upon such
16person. The court upon the filing of such a petition, may order
17the person refusing to obey the subpoena to appear at an
18investigation or hearing, or to there produce documentary
19evidence, if so ordered, or to give evidence relative to the
20subject matter of that investigation or hearing. Any failure to
21obey such order of the circuit court may be punished by that
22court as a contempt of court.
23    Each member of the Board and any hearing officer designated
24by the Board shall have the power to administer oaths and to
25take the testimony of persons under oath.
26    (g) Except under subsection (a) of this Section, a majority

 

 

09700SB3458sam001- 36 -LRB097 17386 RLC 66581 a

1of the members then appointed to the Prisoner Review Board
2shall constitute a quorum for the transaction of all business
3of the Board.
4    (h) The Prisoner Review Board shall annually transmit to
5the Director a detailed report of its work for the preceding
6calendar year. The annual report shall also be transmitted to
7the Governor for submission to the Legislature.
8(Source: P.A. 96-875, eff. 1-22-10.)".