Sen. Kwame Raoul

Filed: 2/28/2012

 

 


 

 


 
09700SB3637sam001LRB097 19976 RLC 66123 a

1
AMENDMENT TO SENATE BILL 3637

2    AMENDMENT NO. ______. Amend Senate Bill 3637 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-915 as follows:
 
6    (705 ILCS 405/5-915)
7    Sec. 5-915. Expungement of juvenile law enforcement and
8court records.
9    (0.05) For purposes of this Section and Section 5-622:
10        "Expunge" means to physically destroy the records and
11    to obliterate the minor's name from any official index or
12    public record, or both. Nothing in this Act shall require
13    the physical destruction of the internal office records,
14    files, or databases maintained by a State's Attorney's
15    Office or other prosecutor.
16        "Law enforcement record" includes but is not limited to

 

 

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1    records of arrest, station adjustments, fingerprints,
2    probation adjustments, the issuance of a notice to appear,
3    or any other records maintained by a law enforcement agency
4    relating to a minor suspected of committing an offense.
5    (0.06) Expungement proceedings shall be initiated by the
6filing of a petition requesting an order of expungement, in
7juvenile court. No filing fee shall be required.
8    (0.07) There shall be no waiting period to petition for the
9expungement of law enforcement or juvenile court records
10relating to incidents occurring before a person's 18th birthday
11in the following circumstances:
12        (a) the minor was arrested and no petition for
13    delinquency was filed with the clerk of the circuit court;
14    or
15        (b) the minor was charged with an offense and was found
16    not delinquent of that offense.
17    (1) If a person does not petition to expunge his or her law
18enforcement or court records, or both, under subsection (0.07),
19whenever Whenever any person has attained the age of 18 17 or
20whenever all juvenile court proceedings relating to that person
21have been terminated, whichever is later, the person may
22petition the court to expunge law enforcement records relating
23to incidents occurring before his or her 18th 17th birthday or
24his or her juvenile court records, or both, but only in the
25following circumstances:
26        (a) the minor was arrested and no petition for

 

 

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1    delinquency was filed with the clerk of the circuit court;
2    or
3        (b) the minor was charged with an offense and was found
4    not delinquent of that offense; or
5        (c) the minor was placed under supervision pursuant to
6    Section 5-615, and the order of supervision has since been
7    successfully terminated; or
8        (d) the minor was adjudicated for an offense which
9    would be a Class B misdemeanor, Class C misdemeanor, or a
10    petty or business offense if committed by an adult.
11    (2) Any person may petition the court to expunge all law
12enforcement records relating to any incidents occurring before
13his or her 18th 17th birthday which did not result in
14proceedings in criminal court and all juvenile court records
15with respect to any adjudications except those based upon first
16degree murder and sex offenses which would be felonies if
17committed by an adult, if the person for whom expungement is
18sought has had no convictions for any crime since his or her
1918th 17th birthday and:
20        (a) has attained the age of 21 years; or
21        (b) 5 years have elapsed since all juvenile court
22    proceedings relating to him or her have been terminated or
23    his or her commitment to the Department of Juvenile Justice
24    pursuant to this Act has been terminated;
25whichever is later of (a) or (b). Nothing in this Section 5-915
26precludes a minor from obtaining expungement under Section

 

 

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15-622.
2    (2.5) If a minor is arrested and no petition for
3delinquency is filed with the clerk of the circuit court as
4provided in paragraph (a) of subsection (1) at the time the
5minor is released from custody, the youth officer, if
6applicable, or other designated person from the arresting
7agency, shall notify verbally and in writing to the minor or
8the minor's parents or guardians that if the State's Attorney
9does not file a petition for delinquency (i) , the minor has a
10right under subsection (0.07) to petition at any time to have
11his or her law enforcement arrest record expunged, (ii) if the
12minor does not petition to have his or her law enforcement
13record expunged under subsection (0.07), the minor has a right,
14when the minor attains the age of 18 17 or when all juvenile
15court proceedings relating to that minor have been terminated,
16to petition to have his or her record expunged under subsection
17(1), and (iii) that unless a petition to expunge is filed, the
18minor will shall have a law enforcement an arrest record. The
19youth officer, if applicable, or other designated person from
20the arresting agency and shall provide the minor and the
21minor's parents or guardians with an expungement information
22packet, written in plain language, including a petition to
23expunge juvenile records obtained from the clerk of the circuit
24court, a sample completed petition, information about the
25adverse consequences of having a law enforcement record, and
26expungement instructions. These instructions shall include

 

 

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1information informing the minor that (i) the minor may file a
2petition on his or her own or with the assistance of an
3attorney, (ii) once the arrest is expunged under either
4subsection (0.07) or subsection (1), it shall be treated as if
5it never occurred, and (iii) once the minor obtains an
6expungement under either subsection (0.07) or subsection (1),
7the minor shall not be required to disclose that he or she had
8a law enforcement record.
9    (2.6) If a minor is charged with an offense and is found
10not delinquent of that offense; or if a minor is placed under
11supervision under Section 5-615, and the order of supervision
12is successfully terminated; or if a minor is adjudicated for an
13offense that would be a Class B misdemeanor, a Class C
14misdemeanor, or a business or petty offense if committed by an
15adult; or if a minor has incidents occurring before his or her
1618th 17th birthday that have not resulted in proceedings in
17criminal court, or resulted in proceedings in juvenile court,
18and the adjudications were not based upon first degree murder
19or sex offenses that would be felonies if committed by an
20adult; then at the time of sentencing or dismissal of the case,
21the judge shall inform the delinquent minor of his or her right
22to petition for expungement as provided by law, and the clerk
23of the circuit court shall provide an expungement information
24packet to the delinquent minor, written in plain language,
25including a petition for expungement, a sample of a completed
26petition, information about the adverse consequences of having

 

 

09700SB3637sam001- 6 -LRB097 19976 RLC 66123 a

1a law enforcement and juvenile court record, and expungement
2instructions. These instructions that shall include
3information informing the minor that (i) the minor may file a
4petition on his or her own or with the assistance of an
5attorney, (ii) once the case is expunged, it shall be treated
6as if it never occurred, and (iii) once the minor obtains an
7expungement, the court shall provide a certified copy of the
8expungement order, and the minor shall not be required to
9disclose that he or she had a juvenile court or law enforcement
10record (ii) he or she may apply to have petition fees waived,
11(iii) once he or she obtains an expungement, he or she may not
12be required to disclose that he or she had a juvenile record,
13and (iv) he or she may file the petition on his or her own or
14with the assistance of an attorney. The failure of the judge to
15inform the delinquent minor of his or her right to petition for
16expungement as provided by law does not create a substantive
17right, nor is that failure grounds for: (i) a reversal of an
18adjudication of delinquency, (ii) a new trial; or (iii) an
19appeal.
20    (2.7) For counties with a population over 3,000,000, the
21clerk of the circuit court shall send a "Notification of a
22Possible Right to Expungement" post card to the minor at the
23address last received by the clerk of the circuit court on the
24date that the minor attains the age of 18 17 based on the
25birthdate provided to the court by the minor or his or her
26guardian in cases under paragraphs (b), (c), and (d) of

 

 

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1subsection (1); and when the minor attains the age of 21 based
2on the birthdate provided to the court by the minor or his or
3her guardian in cases under subsection (2).
4    (2.8) The petition for expungement for subsection (0.07)
5and (1) may include multiple offenses on the same petition and
6shall be substantially in the following form:
7
IN THE CIRCUIT COURT OF ......, ILLINOIS
8
........ JUDICIAL CIRCUIT

 
9IN THE INTEREST OF )    NO.
10                   )
11                   )
12...................)
13(Name of Petitioner)
 
14
PETITION TO EXPUNGE JUVENILE RECORDS
15
(705 ILCS 405/5-915 ( SUBSECTIONS (0.07) and SUBSECTION 1))
16
( If this is a petition for multiple offenses, please attach an
17
Appendix listing each offense Please prepare a separate
18
petition for each offense )
19Now comes ............., Petitioner petitioner, and
20respectfully requests that this Honorable Court enter an order
21expunging all juvenile law enforcement and court records of
22Petitioner petitioner and in support thereof states that:
23( ) 1. This petition is being filed under subsection (0.07)
24and:

 

 

09700SB3637sam001- 8 -LRB097 19976 RLC 66123 a

1(Check One:)
2( ) a. no petition was filed with the Clerk of the Circuit
3Court.
4( ) b. was charged with .... and was found not delinquent of
5the offense; or
6( ) 2. This petition is being filed under subsection (1),
7Petitioner has attained the age of 18 17, his/her birth date
8being ......, or all Juvenile Court proceedings terminated as
9of ......, whichever occurred later. Petitioner was arrested on
10..... by the ....... Police Department for the offense of
11......., and:
12(Check One:)
13( ) a. no petition was filed with the Clerk of the Circuit
14Court.
15( ) b. was charged with ...... and was found not delinquent of
16the offense.
17( ) c. a petition was filed and the petition was dismissed
18without a finding of delinquency on .....
19( ) d. on ....... placed under supervision pursuant to Section
205-615 of the Juvenile Court Act of 1987 and such order of
21supervision successfully terminated on ........
22( ) e. was adjudicated for the offense, which would have been a
23Class B misdemeanor, a Class C misdemeanor, or a petty offense
24or business offense if committed by an adult.
25Petitioner .... has .... has not been arrested on charges in
26this or any county other than the charges listed above. If

 

 

09700SB3637sam001- 9 -LRB097 19976 RLC 66123 a

1petitioner has been arrested on additional charges, please list
2the charges below:
3Charge(s): ......
4Arresting Agency or Agencies: ...........
5Disposition/Result: (choose from a. through e., above): .....
6WHEREFORE, the petitioner respectfully requests this Honorable
7Court to (1) order all law enforcement agencies to expunge all
8records of petitioner to this incident, and (2) to order the
9Clerk of the Court to expunge all records concerning the
10petitioner regarding this incident.
 
11
......................
12
Petitioner (Signature)

 
13
..........................
14
Petitioner's Street Address

 
15
.....................
16
City, State, Zip Code

 
17
.............................
18
Petitioner's Telephone Number

 
19Pursuant to the penalties of perjury under the Code of Civil
20Procedure, 735 ILCS 5/1-109, I hereby certify that the
21statements in this petition are true and correct, or on

 

 

09700SB3637sam001- 10 -LRB097 19976 RLC 66123 a

1information and belief I believe the same to be true.
 
2
......................
3
Petitioner (Signature)
4The Petition for Expungement for subsection (2) shall be
5substantially in the following form:
 
6
IN THE CIRCUIT COURT OF ........, ILLINOIS
7
........ JUDICIAL CIRCUIT

 
8IN THE INTEREST OF )    NO.
9                   )
10                   )
11...................)
12(Name of Petitioner)
 
13
PETITION TO EXPUNGE JUVENILE RECORDS
14
(705 ILCS 405/5-915 (SUBSECTION 2))
15
( If this is a petition for multiple offenses, please attach an
16
Appendix listing each offense Please prepare a separate
17
petition for each offense )
18Now comes ............, Petitioner petitioner, and
19respectfully requests that this Honorable Court enter an order
20expunging all Juvenile Law Enforcement and Court records of
21Petitioner petitioner and in support thereof states that:
22The incident for which the Petitioner seeks expungement

 

 

09700SB3637sam001- 11 -LRB097 19976 RLC 66123 a

1occurred before the Petitioner's 18th 17th birthday and did not
2result in proceedings in criminal court and the Petitioner has
3not had any convictions for any crime since his/her 18th 17th
4birthday; and
5The incident for which the Petitioner seeks expungement
6occurred before the Petitioner's 18th 17th birthday and the
7adjudication was not based upon first-degree murder or sex
8offenses which would be felonies if committed by an adult, and
9the Petitioner has not had any convictions for any crime since
10his/her 18th 17th birthday.
11Petitioner was arrested on ...... by the ....... Police
12Department for the offense of ........, and:
13(Check whichever one occurred the latest:)
14( ) a. The Petitioner has attained the age of 21 years, his/her
15birthday being .......; or
16( ) b. 5 years have elapsed since all juvenile court
17proceedings relating to the Petitioner have been terminated; or
18the Petitioner's commitment to the Department of Juvenile
19Justice pursuant to the expungement of juvenile law enforcement
20and court records provisions of the Juvenile Court Act of 1987
21has been terminated. Petitioner ...has ...has not been arrested
22on charges in this or any other county other than the charge
23listed above. If Petitioner petitioner has been arrested on
24additional charges, please list the charges below:
25Charge(s): ..........
26Arresting Agency or Agencies: .......

 

 

09700SB3637sam001- 12 -LRB097 19976 RLC 66123 a

1Disposition/Result: (choose from a or b, above): ..........
2WHEREFORE, the Petitioner petitioner respectfully requests
3this Honorable Court to (1) order all law enforcement agencies
4to expunge all records of petitioner related to this incident,
5and (2) to order the Clerk of the Court to expunge all records
6concerning the Petitioner petitioner regarding this incident.
 
7
.......................
8
Petitioner (Signature)

 
9
......................
10
Petitioner's Street Address

 
11
.....................
12
City, State, Zip Code
13
.............................
14
Petitioner's Telephone Number

 
15Pursuant to the penalties of perjury under the Code of Civil
16Procedure, 735 ILCS 5/1-109, I hereby certify that the
17statements in this petition are true and correct, or on
18information and belief I believe the same to be true.
19
......................
20
Petitioner (Signature)
21    (3) The chief judge of the circuit in which an arrest was
22made or a charge was brought or any judge of that circuit

 

 

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1designated by the chief judge may, upon verified petition of a
2person who is the subject of an arrest or a juvenile court
3proceeding under subsection (0.07), (1), or (2) of this
4Section, order the law enforcement records or official court
5file, or both, to be expunged from the official records of the
6arresting authority, the clerk of the circuit court and the
7Department of State Police. The person whose records are to be
8expunged shall petition the court using the appropriate form
9containing his or her current address and shall promptly notify
10the clerk of the circuit court of any change of address. Notice
11of the petition shall be served upon the State's Attorney or
12prosecutor charged with the duty of prosecuting the offense,
13the Department of State Police, and the arresting agency or
14agencies by the clerk of the circuit court. If an objection is
15filed within 45 days of the notice of the petition, the clerk
16of the circuit court shall set a date for hearing after the 45
17day objection period. At the hearing the court shall hear
18evidence on whether the expungement should or should not be
19granted. Unless the State's Attorney or prosecutor, the
20Department of State Police, or an arresting agency objects to
21the expungement within 45 days of the notice, the court may
22enter an order granting expungement. The person whose records
23are to be expunged shall pay the clerk of the circuit court a
24fee equivalent to the cost associated with expungement of
25records by the clerk and the Department of State Police. The
26clerk shall forward a certified copy of the order to the

 

 

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1Department of State Police, the appropriate portion of the fee
2to the Department of State Police for processing, and deliver a
3certified copy of the order to the arresting agency.
4    (3.1) The Notice of Expungement shall be in substantially
5the following form:
6
IN THE CIRCUIT COURT OF ....., ILLINOIS
7
.... JUDICIAL CIRCUIT

 
8IN THE INTEREST OF )    NO.
9                   )
10                   )
11...................)
12(Name of Petitioner)
 
13
NOTICE
14TO:  State's Attorney
15TO:  Arresting Agency
16
17................
18................
19
20................
21................
22TO:  Illinois State Police
23
24.....................

 

 

09700SB3637sam001- 15 -LRB097 19976 RLC 66123 a

1
2.....................
3ATTENTION: Expungement
4You are hereby notified that on ....., at ....., in courtroom
5..., located at ..., before the Honorable ..., Judge, or any
6judge sitting in his/her stead, I shall then and there present
7a Petition to Expunge Juvenile records in the above-entitled
8matter, at which time and place you may appear.
9
......................
10
Petitioner's Signature
11
...........................
12
Petitioner's Street Address
13
.....................
14
City, State, Zip Code
15
.............................
16
Petitioner's Telephone Number
17
PROOF OF SERVICE
18On the ....... day of ......, 20..., I on oath state that I
19served this notice and true and correct copies of the
20above-checked documents by:
21(Check One:)
22delivering copies personally to each entity to whom they are
23directed;
24or
25by mailing copies to each entity to whom they are directed by
26depositing the same in the U.S. Mail, proper postage fully

 

 

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1prepaid, before the hour of 5:00 p.m., at the United States
2Postal Depository located at .................
3
.........................................
4
5Signature
6
Clerk of the Circuit Court or Deputy Clerk
7Printed Name of Delinquent Minor/Petitioner: ....
8Address: ........................................
9Telephone Number: ...............................
10    (3.2) The Order of Expungement shall be in substantially
11the following form:
12
IN THE CIRCUIT COURT OF ....., ILLINOIS
13
.... JUDICIAL CIRCUIT

 
14IN THE INTEREST OF )    NO.
15                   )
16                   )
17...................)
18(Name of Petitioner)
 
19DOB ................
20Arresting Agency/Agencies ......
21
ORDER OF EXPUNGEMENT
22
(705 ILCS 405/5-915 (SUBSECTION 3))
23This matter having been heard on the petitioner's motion and
24the court being fully advised in the premises does find that

 

 

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1the petitioner is indigent or has presented reasonable cause to
2waive all costs in this matter, IT IS HEREBY ORDERED that:
3    ( ) 1. Clerk of Court and Department of State Police costs
4are hereby waived in this matter.
5    ( ) 1. 2. The Illinois State Police Bureau of
6Identification and the following law enforcement agencies
7expunge all records of petitioner relating to an arrest dated
8...... for the offense of ......
9
Law Enforcement Agencies:
10
.........................
11
.........................
12    ( ) 2. 3. IT IS FURTHER ORDERED that the Clerk of the
13Circuit Court expunge all records regarding the
14above-captioned case.
15
ENTER: ......................
16
17JUDGE
18DATED: .......
19Name:
20Attorney for:
21Address: City/State/Zip:
22Attorney Number:
23    (3.3) The Notice of Objection shall be in substantially the
24following form:
25
IN THE CIRCUIT COURT OF ....., ILLINOIS
26
....................... JUDICIAL CIRCUIT

 

 

 

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1IN THE INTEREST OF )    NO.
2                   )
3                   )
4...................)
5(Name of Petitioner)
 
6
NOTICE OF OBJECTION
7TO:(Attorney, Public Defender, Minor)
8.................................
9.................................
10TO:(Illinois State Police)
11.................................
12.................................
13TO:(Clerk of the Court)
14.................................
15.................................
16TO:(Judge)
17.................................
18.................................
19TO:(Arresting Agency/Agencies)
20.................................
21.................................
22ATTENTION: You are hereby notified that an objection has been
23filed by the following entity regarding the above-named minor's
24petition for expungement of juvenile records:

 

 

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1( ) State's Attorney's Office;
2( ) Prosecutor (other than State's Attorney's Office) charged
3with the duty of prosecuting the offense sought to be expunged;
4( ) Department of Illinois State Police; or
5( ) Arresting Agency or Agencies.
6The agency checked above respectfully requests that this case
7be continued and set for hearing on whether the expungement
8should or should not be granted.
9DATED: .......
10Name:
11Attorney For:
12Address:
13City/State/Zip:
14Telephone:
15Attorney No.:
16
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
17This matter has been set for hearing on the foregoing
18objection, on ...... in room ...., located at ....., before the
19Honorable ....., Judge, or any judge sitting in his/her stead.
20(Only one hearing shall be set, regardless of the number of
21Notices of Objection received on the same case).
22A copy of this completed Notice of Objection containing the
23court date, time, and location, has been sent via regular U.S.
24Mail to the following entities. (If more than one Notice of
25Objection is received on the same case, each one must be
26completed with the court date, time and location and mailed to

 

 

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1the following entities):
2( ) Attorney, Public Defender or Minor;
3( ) State's Attorney's Office;
4( ) Prosecutor (other than State's Attorney's Office) charged
5with the duty of prosecuting the offense sought to be expunged;
6( ) Department of Illinois State Police; and
7( ) Arresting agency or agencies.
8Date: ......
9Initials of Clerk completing this section: .....
10    (4) Upon entry of an order expunging records or files, the
11offense, which the records or files concern shall be treated as
12if it never occurred. Law enforcement officers and other public
13offices and agencies shall properly reply on inquiry that no
14record or file exists with respect to the person. The person
15whose records are expunged shall not have to disclose the fact
16of the records or any matter relating to the record on an
17application for employment, credit, or other type of
18application.
19    (5) Records which have not been expunged remain are sealed,
20and may be obtained only under the provisions of Sections
215-901, 5-905 and 5-915.
22    (6) Nothing in this Section shall be construed to prohibit
23the maintenance of information relating to an offense after
24records or files concerning the offense have been expunged if
25the information is kept in a manner that does not enable
26identification of the offender. This information may only be

 

 

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1used for statistical and bona fide research purposes.
2    (7)(a) The State Appellate Defender shall establish,
3maintain, and carry out, by December 31, 2004, a juvenile
4expungement program to provide information and assistance to
5minors eligible to have their juvenile records expunged.
6    (b) The State Appellate Defender shall develop brochures,
7pamphlets, and other materials in printed form and through the
8agency's World Wide Web site. The pamphlets and other materials
9shall include at a minimum the following information:
10        (i) An explanation of the State's juvenile expungement
11    process;
12        (ii) The circumstances under which juvenile
13    expungement may occur;
14        (iii) The juvenile offenses that may be expunged;
15        (iv) The steps necessary to initiate and complete the
16    juvenile expungement process; and
17        (v) Directions on how to contact the State Appellate
18    Defender.
19    (c) The State Appellate Defender shall establish and
20maintain a statewide toll-free telephone number that a person
21may use to receive information or assistance concerning the
22expungement of juvenile records. The State Appellate Defender
23shall advertise the toll-free telephone number statewide. The
24State Appellate Defender shall develop an expungement
25information packet that may be sent to eligible persons seeking
26expungement of their juvenile records, which may include, but

 

 

09700SB3637sam001- 22 -LRB097 19976 RLC 66123 a

1is not limited to, a pre-printed expungement petition with
2instructions on how to complete the petition and a pamphlet
3containing information that would assist individuals through
4the juvenile expungement process.
5    (d) The State Appellate Defender shall compile a statewide
6list of volunteer attorneys willing to assist eligible
7individuals through the juvenile expungement process.
8    (e) This Section shall be implemented from funds
9appropriated by the General Assembly to the State Appellate
10Defender for this purpose. The State Appellate Defender shall
11employ the necessary staff and adopt the necessary rules for
12implementation of this Section.
13    (8)(a) Except with respect to law enforcement agencies, the
14Department of Corrections, State's Attorneys, or other
15prosecutors, an expunged juvenile record may not be considered
16by any private or public entity in employment matters,
17certification, licensing, revocation of certification or
18licensure, or registration. Applications for employment must
19contain specific language that states that the applicant is not
20obligated to disclose expunged juvenile records of conviction
21or arrest. Employers may not ask if an applicant has had a
22juvenile record expunged. Effective January 1, 2005, the
23Department of Labor shall develop a link on the Department's
24website to inform employers that employers may not ask if an
25applicant had a juvenile record expunged and that application
26for employment must contain specific language that states that

 

 

09700SB3637sam001- 23 -LRB097 19976 RLC 66123 a

1the applicant is not obligated to disclose expunged juvenile
2records of arrest or conviction.
3    (b) A person whose juvenile records have been expunged is
4not entitled to remission of any fines, costs, or other money
5paid as a consequence of expungement. This amendatory Act of
6the 93rd General Assembly does not affect the right of the
7victim of a crime to prosecute or defend a civil action for
8damages.
9    (c) The expungement of juvenile records under this Section
105-622 shall be funded by the additional fine imposed under
11Section 5-9-1.17 of the Unified Code of Corrections and
12additional appropriations made by the General Assembly for such
13purpose.
14(Source: P.A. 95-861, eff. 1-1-09; 96-707, eff. 1-1-10.)
 
15    (705 ILCS 405/5-622 rep.)
16    Section 10. The Juvenile Court Act of 1987 is amended by
17repealing Section 5-622.
 
18    Section 15. The Unified Code of Corrections is amended by
19changing Section 5-9-1.17 as follows:
 
20    (730 ILCS 5/5-9-1.17)
21    Sec. 5-9-1.17. Additional fine to fund expungement of
22juvenile records.
23    (a) There shall be added to every penalty imposed in

 

 

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1sentencing for a criminal offense an additional fine of $30 to
2be imposed upon a plea of guilty or finding of guilty resulting
3in a judgment of conviction.
4    (b) Ten dollars of each such additional fine shall be
5remitted to the State Treasurer for deposit into the State
6Police Services Fund to be used to implement the expungement of
7juvenile records as provided in Section 5-915 5-622 of the
8Juvenile Court Act of 1987, $10 shall be paid to the State's
9Attorney's Office that prosecuted the criminal offense, and $10
10shall be retained by the Circuit Clerk for administrative costs
11associated with the expungement of juvenile records and shall
12be deposited into the Circuit Court Clerk Operation and
13Administrative Fund.
14(Source: P.A. 96-707, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
15    Section 20. The Illinois Human Rights Act is amended by
16changing Section 2-103 as follows:
 
17    (775 ILCS 5/2-103)  (from Ch. 68, par. 2-103)
18    Sec. 2-103. Arrest Record.
19    (A) Unless otherwise authorized by law, it is a civil
20rights violation for any employer, employment agency or labor
21organization to inquire into or to use the fact of an arrest or
22criminal history record information ordered expunged, sealed
23or impounded under Section 5.2 of the Criminal Identification
24Act or expunged under Section 5-915 of the Juvenile Court Act

 

 

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1of 1987 as a basis to refuse to hire, to segregate, or to act
2with respect to recruitment, hiring, promotion, renewal of
3employment, selection for training or apprenticeship,
4discharge, discipline, tenure or terms, privileges or
5conditions of employment. This Section does not prohibit a
6State agency, unit of local government or school district, or
7private organization from requesting or utilizing sealed
8felony conviction information obtained from the Department of
9State Police under the provisions of Section 3 of the Criminal
10Identification Act or under other State or federal laws or
11regulations that require criminal background checks in
12evaluating the qualifications and character of an employee or a
13prospective employee.
14    (B) The prohibition against the use of the fact of an
15arrest contained in this Section shall not be construed to
16prohibit an employer, employment agency, or labor organization
17from obtaining or using other information which indicates that
18a person actually engaged in the conduct for which he or she
19was arrested.
20(Source: P.A. 96-409, eff. 1-1-10.)".