Illinois General Assembly - Bill Status for SB3007

Deletes all. Amends the Criminal Identification Act. Provides that the sealing of the arrest and conviction records of the Department of State Police, the arresting authority, and the clerk of the circuit court is available to a person charged with, placed on supervision for, and convicted of a misdemeanor or Class 4 felony violation for prostitution, a misdemeanor or Class 4 felony possession violation of the Illinois Controlled Substances Act, or the Cannabis Control Act. Provides that the Illinois Department of Corrections, in cooperation with the Illinois Department of Employment Security, shall conduct a blind study utilizing a random sample of those who apply for the sealing of their criminal records under Public Act 93-211 relating to their employment history. Provides that the study shall be delivered to the chairpersons of the House and Senate Judiciary Committees no later than September 1, 2006.

Provides that a person may not have subsequent felony conviction records sealed if he or she is convicted of any felony offense subsequent to the date of the sealing of prior felony records. Provides that the Illinois Department of Corrections shall conduct a study of the impact of sealing, especially on employment and recidivism rates, utilizing a random sample of those who apply for the sealing of their criminal records under Public Act 93-211, in accordance to rules adopted by the Department. Provides that at the request of the Illinois Department of Corrections, records of the Illinois Department of Employment Security shall be utilized as appropriate to assist in the study. Provides that the study shall not disclose any data in a manner that would allow the identification of any particular individual or employing unit. Provides that the study shall be made available to the General Assembly no later than September 1, 2006.

Provides that the official records of the charges and disposition that are held by the arresting authority, the Department of State Police, and the clerk of the circuit court may be sealed if an adult or minor prosecuted as an adult has been convicted of one or more violations of a municipal ordinance or misdemeanors and (B) at least 4 years have elapsed since the last such conviction or term of any sentence, probation or supervision, if any, and (C) the individual, since the last such conviction or term of any sentence, probation or supervision, if any, has not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor. Provides that the official records of the charges and disposition that are held by the arresting authority, the Department of State Police, and the clerk of the circuit court may be sealed if an adult or minor prosecuted as an adult was (A) charged with one or more violations of a municipal ordinance or misdemeanor or misdemeanors, and thereafter was either acquitted or released without being convicted, or (B) regardless of the original charge or charges, placed on misdemeanor supervision or convicted of a violation of a municipal ordinance or a misdemeanor and the conviction was reversed, and at least (C) 3 years have elapsed since the last such event, or (ii) the completion of the term of supervision, if any, and (D) the individual has not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor during the 3 year period. Provides that sealed criminal history records shall not remain sealed to employers, authorizing bodies, and government agencies when State or federal law or regulation would otherwise prohibit employment or licensure by the person had his or her criminal history records not been sealed. Provides that a felony record of arrest or conviction shall not be sealed until the Department of State Police has implemented the system to provide these records, which shall be accomplished in no more than one year from the effective date of the amendatory Act. Provides that subject to the approval by the Illinois Commerce Commission, an amount not to exceed $885,000 shall be transferred from the Digital Divide Elimination Infrastructure Fund to the State Police Services Fund for the purpose of establishing the computer system necessary for the implementation of the amendatory Act. Provides that a person filing a petition to have his or her records sealed for a Class 4 felony violation of Section 4 of the Cannabis Control Act or for a Class 4 felony violation of Section 402 of the Illinois Controlled Substances Act must attach to the petition proof that the petitioner has passed a test taken within the previous 30 days before the filing of the petition showing the absence within his or her body of all illegal substances in violation of either the Illinois Controlled Substances Act or the Cannabis Control Act. Provides that the Department of Corrections shall conduct the study of the impact of the sealing of criminal records subject to available funding.

Provides that the circuit clerk may charge a fee equivalent to the cost associated with the sealing of records by the clerk and the Department of State Police subject to county board approval and notwithstanding any provision of the Clerks of Courts Act to the contrary.

Deletes provision that sealed criminal history records shall not remain sealed to employers, authorizing bodies, and government agencies when State or federal law or regulation would otherwise prohibit employment or licensure by the person had his or her criminal history records not been sealed. Deletes provision that a felony record of arrest or conviction shall not be sealed until the Department of State Police has implemented the system to provide these records, which shall be accomplished in no more than one year from the effective date of the amendatory Act. Deletes provision that subject to the approval by the Illinois Commerce Commission, an amount not to exceed $885,000 shall be transferred from the Digital Divide Elimination Infrastructure Fund to the State Police Services Fund for the purpose of establishing the computer system necessary for the implementation of the amendatory Act. Provides that sealed felony records shall be used and disseminated by the Department of State Police as otherwise specifically required or authorized by a federal or State law, rule, or regulation that requires inquiry into and release of criminal records. Provides that all requests for records that have been expunged, sealed, and impounded and the use of those records are subject to the provisions of the Illinois Human Rights Act. Provides that the Department of State Police shall commence the sealing of records of felony arrests and felony convictions no later than one year from the date that funds have been made available for purposes of establishing the technologies necessary to implement these changes. Amends the Illinois Human Rights Act to make conforming changes to that Act.

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