Full Text of HB3701 101st General Assembly
HB3701enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning juveniles.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Personnel Code is amended by changing | 5 | | Section 12g as follows: | 6 | | (20 ILCS 415/12g) | 7 | | Sec. 12g. Department of Juvenile Justice; positions | 8 | | teachers . | 9 | | (a) Notwithstanding any other provision of law to the | 10 | | contrary, the Department of Central Management Services is not | 11 | | required to verify the license, endorsement, or both, of | 12 | | individuals seeking positions within the Department of | 13 | | Juvenile Justice requiring licensure by the State Board of | 14 | | Education under Article 21B of the School Code the State | 15 | | educator license of a teacher employed by the Department of | 16 | | Juvenile Justice if the license is verified by the State Board | 17 | | of Education . | 18 | | (b) This Section shall become inoperative when the consent | 19 | | decree entered into on December 6, 2012 (as has been or may be | 20 | | corrected, amended, or modified in the action entitled R.J., et | 21 | | al. v. Mueller, case no. 12-cv-07289, in the United States | 22 | | District Court for the Northern District of Illinois, Eastern | 23 | | Division) is no longer in force.
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| 1 | | (Source: P.A. 100-953, eff. 8-19-18.) | 2 | | Section 10. The Criminal Identification Act is amended by | 3 | | changing Section 5.2 as follows:
| 4 | | (20 ILCS 2630/5.2)
| 5 | | Sec. 5.2. Expungement, sealing, and immediate sealing. | 6 | | (a) General Provisions. | 7 | | (1) Definitions. In this Act, words and phrases have
| 8 | | the meanings set forth in this subsection, except when a
| 9 | | particular context clearly requires a different meaning. | 10 | | (A) The following terms shall have the meanings | 11 | | ascribed to them in the Unified Code of Corrections, | 12 | | 730 ILCS 5/5-1-2 through 5/5-1-22: | 13 | | (i) Business Offense (730 ILCS 5/5-1-2), | 14 | | (ii) Charge (730 ILCS 5/5-1-3), | 15 | | (iii) Court (730 ILCS 5/5-1-6), | 16 | | (iv) Defendant (730 ILCS 5/5-1-7), | 17 | | (v) Felony (730 ILCS 5/5-1-9), | 18 | | (vi) Imprisonment (730 ILCS 5/5-1-10), | 19 | | (vii) Judgment (730 ILCS 5/5-1-12), | 20 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), | 21 | | (ix) Offense (730 ILCS 5/5-1-15), | 22 | | (x) Parole (730 ILCS 5/5-1-16), | 23 | | (xi) Petty Offense (730 ILCS 5/5-1-17), | 24 | | (xii) Probation (730 ILCS 5/5-1-18), |
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| 1 | | (xiii) Sentence (730 ILCS 5/5-1-19), | 2 | | (xiv) Supervision (730 ILCS 5/5-1-21), and | 3 | | (xv) Victim (730 ILCS 5/5-1-22). | 4 | | (B) As used in this Section, "charge not initiated | 5 | | by arrest" means a charge (as defined by 730 ILCS | 6 | | 5/5-1-3) brought against a defendant where the | 7 | | defendant is not arrested prior to or as a direct | 8 | | result of the charge. | 9 | | (C) "Conviction" means a judgment of conviction or | 10 | | sentence entered upon a plea of guilty or upon a | 11 | | verdict or finding of guilty of an offense, rendered by | 12 | | a legally constituted jury or by a court of competent | 13 | | jurisdiction authorized to try the case without a jury. | 14 | | An order of supervision successfully completed by the | 15 | | petitioner is not a conviction. An order of qualified | 16 | | probation (as defined in subsection (a)(1)(J)) | 17 | | successfully completed by the petitioner is not a | 18 | | conviction. An order of supervision or an order of | 19 | | qualified probation that is terminated | 20 | | unsatisfactorily is a conviction, unless the | 21 | | unsatisfactory termination is reversed, vacated, or | 22 | | modified and the judgment of conviction, if any, is | 23 | | reversed or vacated. | 24 | | (D) "Criminal offense" means a petty offense, | 25 | | business offense, misdemeanor, felony, or municipal | 26 | | ordinance violation (as defined in subsection |
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| 1 | | (a)(1)(H)). As used in this Section, a minor traffic | 2 | | offense (as defined in subsection (a)(1)(G)) shall not | 3 | | be considered a criminal offense. | 4 | | (E) "Expunge" means to physically destroy the | 5 | | records or return them to the petitioner and to | 6 | | obliterate the petitioner's name from any official | 7 | | index or public record, or both. Nothing in this Act | 8 | | shall require the physical destruction of the circuit | 9 | | court file, but such records relating to arrests or | 10 | | charges, or both, ordered expunged shall be impounded | 11 | | as required by subsections (d)(9)(A)(ii) and | 12 | | (d)(9)(B)(ii). | 13 | | (F) As used in this Section, "last sentence" means | 14 | | the sentence, order of supervision, or order of | 15 | | qualified probation (as defined by subsection | 16 | | (a)(1)(J)), for a criminal offense (as defined by | 17 | | subsection (a)(1)(D)) that terminates last in time in | 18 | | any jurisdiction, regardless of whether the petitioner | 19 | | has included the criminal offense for which the | 20 | | sentence or order of supervision or qualified | 21 | | probation was imposed in his or her petition. If | 22 | | multiple sentences, orders of supervision, or orders | 23 | | of qualified probation terminate on the same day and | 24 | | are last in time, they shall be collectively considered | 25 | | the "last sentence" regardless of whether they were | 26 | | ordered to run concurrently. |
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| 1 | | (G) "Minor traffic offense" means a petty offense, | 2 | | business offense, or Class C misdemeanor under the | 3 | | Illinois Vehicle Code or a similar provision of a | 4 | | municipal or local ordinance. | 5 | | (H) "Municipal ordinance violation" means an | 6 | | offense defined by a municipal or local ordinance that | 7 | | is criminal in nature and with which the petitioner was | 8 | | charged or for which the petitioner was arrested and | 9 | | released without charging. | 10 | | (I) "Petitioner" means an adult or a minor | 11 | | prosecuted as an
adult who has applied for relief under | 12 | | this Section. | 13 | | (J) "Qualified probation" means an order of | 14 | | probation under Section 10 of the Cannabis Control Act, | 15 | | Section 410 of the Illinois Controlled Substances Act, | 16 | | Section 70 of the Methamphetamine Control and | 17 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | 18 | | of the Unified Code of Corrections, Section | 19 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | 20 | | those provisions existed before their deletion by | 21 | | Public Act 89-313), Section 10-102 of the Illinois | 22 | | Alcoholism and Other Drug Dependency Act, Section | 23 | | 40-10 of the Substance Use Disorder Act, or Section 10 | 24 | | of the Steroid Control Act. For the purpose of this | 25 | | Section, "successful completion" of an order of | 26 | | qualified probation under Section 10-102 of the |
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| 1 | | Illinois Alcoholism and Other Drug Dependency Act and | 2 | | Section 40-10 of the Substance Use Disorder Act means | 3 | | that the probation was terminated satisfactorily and | 4 | | the judgment of conviction was vacated. | 5 | | (K) "Seal" means to physically and electronically | 6 | | maintain the records, unless the records would | 7 | | otherwise be destroyed due to age, but to make the | 8 | | records unavailable without a court order, subject to | 9 | | the exceptions in Sections 12 and 13 of this Act. The | 10 | | petitioner's name shall also be obliterated from the | 11 | | official index required to be kept by the circuit court | 12 | | clerk under Section 16 of the Clerks of Courts Act, but | 13 | | any index issued by the circuit court clerk before the | 14 | | entry of the order to seal shall not be affected. | 15 | | (L) "Sexual offense committed against a minor" | 16 | | includes but is
not limited to the offenses of indecent | 17 | | solicitation of a child
or criminal sexual abuse when | 18 | | the victim of such offense is
under 18 years of age. | 19 | | (M) "Terminate" as it relates to a sentence or | 20 | | order of supervision or qualified probation includes | 21 | | either satisfactory or unsatisfactory termination of | 22 | | the sentence, unless otherwise specified in this | 23 | | Section. A sentence is terminated notwithstanding any | 24 | | outstanding financial legal obligation. | 25 | | (2) Minor Traffic Offenses.
Orders of supervision or | 26 | | convictions for minor traffic offenses shall not affect a |
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| 1 | | petitioner's eligibility to expunge or seal records | 2 | | pursuant to this Section. | 3 | | (2.5) Commencing 180 days after July 29, 2016 (the | 4 | | effective date of Public Act 99-697), the law enforcement | 5 | | agency issuing the citation shall automatically expunge, | 6 | | on or before January 1 and July 1 of each year, the law | 7 | | enforcement records of a person found to have committed a | 8 | | civil law violation of subsection (a) of Section 4 of the | 9 | | Cannabis Control Act or subsection (c) of Section 3.5 of | 10 | | the Drug Paraphernalia Control Act in the law enforcement | 11 | | agency's possession or control and which contains the final | 12 | | satisfactory disposition which pertain to the person | 13 | | issued a citation for that offense.
The law enforcement | 14 | | agency shall provide by rule the process for access, | 15 | | review, and to confirm the automatic expungement by the law | 16 | | enforcement agency issuing the citation.
Commencing 180 | 17 | | days after July 29, 2016 (the effective date of Public Act | 18 | | 99-697), the clerk of the circuit court shall expunge, upon | 19 | | order of the court, or in the absence of a court order on | 20 | | or before January 1 and July 1 of each year, the court | 21 | | records of a person found in the circuit court to have | 22 | | committed a civil law violation of subsection (a) of | 23 | | Section 4 of the Cannabis Control Act or subsection (c) of | 24 | | Section 3.5 of the Drug Paraphernalia Control Act in the | 25 | | clerk's possession or control and which contains the final | 26 | | satisfactory disposition which pertain to the person |
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| 1 | | issued a citation for any of those offenses. | 2 | | (3) Exclusions. Except as otherwise provided in | 3 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | 4 | | of this Section, the court shall not order: | 5 | | (A) the sealing or expungement of the records of | 6 | | arrests or charges not initiated by arrest that result | 7 | | in an order of supervision for or conviction of:
(i) | 8 | | any sexual offense committed against a
minor; (ii) | 9 | | Section 11-501 of the Illinois Vehicle Code or a | 10 | | similar provision of a local ordinance; or (iii) | 11 | | Section 11-503 of the Illinois Vehicle Code or a | 12 | | similar provision of a local ordinance, unless the | 13 | | arrest or charge is for a misdemeanor violation of | 14 | | subsection (a) of Section 11-503 or a similar provision | 15 | | of a local ordinance, that occurred prior to the | 16 | | offender reaching the age of 25 years and the offender | 17 | | has no other conviction for violating Section 11-501 or | 18 | | 11-503 of the Illinois Vehicle Code or a similar | 19 | | provision of a local ordinance. | 20 | | (B) the sealing or expungement of records of minor | 21 | | traffic offenses (as defined in subsection (a)(1)(G)), | 22 | | unless the petitioner was arrested and released | 23 | | without charging. | 24 | | (C) the sealing of the records of arrests or | 25 | | charges not initiated by arrest which result in an | 26 | | order of supervision or a conviction for the following |
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| 1 | | offenses: | 2 | | (i) offenses included in Article 11 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012 | 4 | | or a similar provision of a local ordinance, except | 5 | | Section 11-14 and a misdemeanor violation of | 6 | | Section 11-30 of the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012, or a similar provision of a | 8 | | local ordinance; | 9 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | 10 | | 26-5, or 48-1 of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012, or a similar provision of a | 12 | | local ordinance; | 13 | | (iii) Sections 12-3.1 or 12-3.2 of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012, | 15 | | or Section 125 of the Stalking No Contact Order | 16 | | Act, or Section 219 of the Civil No Contact Order | 17 | | Act, or a similar provision of a local ordinance; | 18 | | (iv) Class A misdemeanors or felony offenses | 19 | | under the Humane Care for Animals Act; or | 20 | | (v) any offense or attempted offense that | 21 | | would subject a person to registration under the | 22 | | Sex Offender Registration Act. | 23 | | (D) (blank). | 24 | | (b) Expungement. | 25 | | (1) A petitioner may petition the circuit court to | 26 | | expunge the
records of his or her arrests and charges not |
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| 1 | | initiated by arrest when each arrest or charge not | 2 | | initiated by arrest
sought to be expunged resulted in:
(i) | 3 | | acquittal, dismissal, or the petitioner's release without | 4 | | charging, unless excluded by subsection (a)(3)(B);
(ii) a | 5 | | conviction which was vacated or reversed, unless excluded | 6 | | by subsection (a)(3)(B);
(iii) an order of supervision and | 7 | | such supervision was successfully completed by the | 8 | | petitioner, unless excluded by subsection (a)(3)(A) or | 9 | | (a)(3)(B); or
(iv) an order of qualified probation (as | 10 | | defined in subsection (a)(1)(J)) and such probation was | 11 | | successfully completed by the petitioner. | 12 | | (1.5) When a petitioner seeks to have a record of | 13 | | arrest expunged under this Section, and the offender has | 14 | | been convicted of a criminal offense, the State's Attorney | 15 | | may object to the expungement on the grounds that the | 16 | | records contain specific relevant information aside from | 17 | | the mere fact of the arrest. | 18 | | (2) Time frame for filing a petition to expunge. | 19 | | (A) When the arrest or charge not initiated by | 20 | | arrest sought to be expunged resulted in an acquittal, | 21 | | dismissal, the petitioner's release without charging, | 22 | | or the reversal or vacation of a conviction, there is | 23 | | no waiting period to petition for the expungement of | 24 | | such records. | 25 | | (B) When the arrest or charge not initiated by | 26 | | arrest
sought to be expunged resulted in an order of |
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| 1 | | supervision, successfully
completed by the petitioner, | 2 | | the following time frames will apply: | 3 | | (i) Those arrests or charges that resulted in | 4 | | orders of
supervision under Section 3-707, 3-708, | 5 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | 6 | | similar provision of a local ordinance, or under | 7 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | 8 | | Code of 1961 or the Criminal Code of 2012, or a | 9 | | similar provision of a local ordinance, shall not | 10 | | be eligible for expungement until 5 years have | 11 | | passed following the satisfactory termination of | 12 | | the supervision. | 13 | | (i-5) Those arrests or charges that resulted | 14 | | in orders of supervision for a misdemeanor | 15 | | violation of subsection (a) of Section 11-503 of | 16 | | the Illinois Vehicle Code or a similar provision of | 17 | | a local ordinance, that occurred prior to the | 18 | | offender reaching the age of 25 years and the | 19 | | offender has no other conviction for violating | 20 | | Section 11-501 or 11-503 of the Illinois Vehicle | 21 | | Code or a similar provision of a local ordinance | 22 | | shall not be eligible for expungement until the | 23 | | petitioner has reached the age of 25 years. | 24 | | (ii) Those arrests or charges that resulted in | 25 | | orders
of supervision for any other offenses shall | 26 | | not be
eligible for expungement until 2 years have |
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| 1 | | passed
following the satisfactory termination of | 2 | | the supervision. | 3 | | (C) When the arrest or charge not initiated by | 4 | | arrest sought to
be expunged resulted in an order of | 5 | | qualified probation, successfully
completed by the | 6 | | petitioner, such records shall not be eligible for
| 7 | | expungement until 5 years have passed following the | 8 | | satisfactory
termination of the probation. | 9 | | (3) Those records maintained by the Department for
| 10 | | persons arrested prior to their 17th birthday shall be
| 11 | | expunged as provided in Section 5-915 of the Juvenile Court
| 12 | | Act of 1987. | 13 | | (4) Whenever a person has been arrested for or | 14 | | convicted of any
offense, in the name of a person whose | 15 | | identity he or she has stolen or otherwise
come into | 16 | | possession of, the aggrieved person from whom the identity
| 17 | | was stolen or otherwise obtained without authorization,
| 18 | | upon learning of the person having been arrested using his
| 19 | | or her identity, may, upon verified petition to the chief | 20 | | judge of
the circuit wherein the arrest was made, have a | 21 | | court order
entered nunc pro tunc by the Chief Judge to | 22 | | correct the
arrest record, conviction record, if any, and | 23 | | all official
records of the arresting authority, the | 24 | | Department, other
criminal justice agencies, the | 25 | | prosecutor, and the trial
court concerning such arrest, if | 26 | | any, by removing his or her name
from all such records in |
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| 1 | | connection with the arrest and
conviction, if any, and by | 2 | | inserting in the records the
name of the offender, if known | 3 | | or ascertainable, in lieu of
the aggrieved's name. The | 4 | | records of the circuit court clerk shall be sealed until | 5 | | further order of
the court upon good cause shown and the | 6 | | name of the
aggrieved person obliterated on the official | 7 | | index
required to be kept by the circuit court clerk under
| 8 | | Section 16 of the Clerks of Courts Act, but the order shall
| 9 | | not affect any index issued by the circuit court clerk
| 10 | | before the entry of the order. Nothing in this Section
| 11 | | shall limit the Department of State Police or other
| 12 | | criminal justice agencies or prosecutors from listing
| 13 | | under an offender's name the false names he or she has
| 14 | | used. | 15 | | (5) Whenever a person has been convicted of criminal
| 16 | | sexual assault, aggravated criminal sexual assault,
| 17 | | predatory criminal sexual assault of a child, criminal
| 18 | | sexual abuse, or aggravated criminal sexual abuse, the
| 19 | | victim of that offense may request that the State's
| 20 | | Attorney of the county in which the conviction occurred
| 21 | | file a verified petition with the presiding trial judge at
| 22 | | the petitioner's trial to have a court order entered to | 23 | | seal
the records of the circuit court clerk in connection
| 24 | | with the proceedings of the trial court concerning that
| 25 | | offense. However, the records of the arresting authority
| 26 | | and the Department of State Police concerning the offense
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| 1 | | shall not be sealed. The court, upon good cause shown,
| 2 | | shall make the records of the circuit court clerk in
| 3 | | connection with the proceedings of the trial court
| 4 | | concerning the offense available for public inspection. | 5 | | (6) If a conviction has been set aside on direct review
| 6 | | or on collateral attack and the court determines by clear
| 7 | | and convincing evidence that the petitioner was factually
| 8 | | innocent of the charge, the court that finds the petitioner | 9 | | factually innocent of the charge shall enter an
expungement | 10 | | order for the conviction for which the petitioner has been | 11 | | determined to be innocent as provided in subsection (b) of | 12 | | Section
5-5-4 of the Unified Code of Corrections. | 13 | | (7) Nothing in this Section shall prevent the | 14 | | Department of
State Police from maintaining all records of | 15 | | any person who
is admitted to probation upon terms and | 16 | | conditions and who
fulfills those terms and conditions | 17 | | pursuant to Section 10
of the Cannabis Control Act, Section | 18 | | 410 of the Illinois
Controlled Substances Act, Section 70 | 19 | | of the
Methamphetamine Control and Community Protection | 20 | | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | 21 | | Corrections, Section 12-4.3 or subdivision (b)(1) of | 22 | | Section 12-3.05 of the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012, Section 10-102
of the Illinois | 24 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | 25 | | the Substance Use Disorder Act, or Section 10 of the | 26 | | Steroid Control Act. |
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| 1 | | (8) If the petitioner has been granted a certificate of | 2 | | innocence under Section 2-702 of the Code of Civil | 3 | | Procedure, the court that grants the certificate of | 4 | | innocence shall also enter an order expunging the | 5 | | conviction for which the petitioner has been determined to | 6 | | be innocent as provided in subsection (h) of Section 2-702 | 7 | | of the Code of Civil Procedure. | 8 | | (c) Sealing. | 9 | | (1) Applicability. Notwithstanding any other provision | 10 | | of this Act to the contrary, and cumulative with any rights | 11 | | to expungement of criminal records, this subsection | 12 | | authorizes the sealing of criminal records of adults and of | 13 | | minors prosecuted as adults. Subsection (g) of this Section | 14 | | provides for immediate sealing of certain records. | 15 | | (2) Eligible Records. The following records may be | 16 | | sealed: | 17 | | (A) All arrests resulting in release without | 18 | | charging; | 19 | | (B) Arrests or charges not initiated by arrest | 20 | | resulting in acquittal, dismissal, or conviction when | 21 | | the conviction was reversed or vacated, except as | 22 | | excluded by subsection (a)(3)(B); | 23 | | (C) Arrests or charges not initiated by arrest | 24 | | resulting in orders of supervision, including orders | 25 | | of supervision for municipal ordinance violations, | 26 | | successfully completed by the petitioner, unless |
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| 1 | | excluded by subsection (a)(3); | 2 | | (D) Arrests or charges not initiated by arrest | 3 | | resulting in convictions, including convictions on | 4 | | municipal ordinance violations, unless excluded by | 5 | | subsection (a)(3); | 6 | | (E) Arrests or charges not initiated by arrest | 7 | | resulting in orders of first offender probation under | 8 | | Section 10 of the Cannabis Control Act, Section 410 of | 9 | | the Illinois Controlled Substances Act, Section 70 of | 10 | | the Methamphetamine Control and Community Protection | 11 | | Act, or Section 5-6-3.3 of the Unified Code of | 12 | | Corrections; and | 13 | | (F) Arrests or charges not initiated by arrest | 14 | | resulting in felony convictions unless otherwise | 15 | | excluded by subsection (a) paragraph (3) of this | 16 | | Section. | 17 | | (3) When Records Are Eligible to Be Sealed. Records | 18 | | identified as eligible under subsection (c)(2) may be | 19 | | sealed as follows: | 20 | | (A) Records identified as eligible under | 21 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | 22 | | time. | 23 | | (B) Except as otherwise provided in subparagraph | 24 | | (E) of this paragraph (3), records identified as | 25 | | eligible under subsection (c)(2)(C) may be sealed
2 | 26 | | years after the termination of petitioner's last |
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| 1 | | sentence (as defined in subsection (a)(1)(F)). | 2 | | (C) Except as otherwise provided in subparagraph | 3 | | (E) of this paragraph (3), records identified as | 4 | | eligible under subsections (c)(2)(D), (c)(2)(E), and | 5 | | (c)(2)(F) may be sealed 3 years after the termination | 6 | | of the petitioner's last sentence (as defined in | 7 | | subsection (a)(1)(F)). Convictions requiring public | 8 | | registration under the Arsonist Registration Act, the | 9 | | Sex Offender Registration Act, or the Murderer and | 10 | | Violent Offender Against Youth Registration Act may | 11 | | not be sealed until the petitioner is no longer | 12 | | required to register under that relevant Act. | 13 | | (D) Records identified in subsection | 14 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 15 | | reached the age of 25 years. | 16 | | (E) Records identified as eligible under | 17 | | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | 18 | | (c)(2)(F) may be sealed upon termination of the | 19 | | petitioner's last sentence if the petitioner earned a | 20 | | high school diploma, associate's degree, career | 21 | | certificate, vocational technical certification, or | 22 | | bachelor's degree, or passed the high school level Test | 23 | | of General Educational Development, during the period | 24 | | of his or her sentence , aftercare release, or mandatory | 25 | | supervised release. This subparagraph shall apply only | 26 | | to a petitioner who has not completed the same |
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| 1 | | educational goal prior to the period of his or her | 2 | | sentence, aftercare release, or mandatory supervised | 3 | | release. If a petition for sealing eligible records | 4 | | filed under this subparagraph is denied by the court, | 5 | | the time periods under subparagraph (B) or (C) shall | 6 | | apply to any subsequent petition for sealing filed by | 7 | | the petitioner. | 8 | | (4) Subsequent felony convictions. A person may not | 9 | | have
subsequent felony conviction records sealed as | 10 | | provided in this subsection
(c) if he or she is convicted | 11 | | of any felony offense after the date of the
sealing of | 12 | | prior felony convictions as provided in this subsection | 13 | | (c). The court may, upon conviction for a subsequent felony | 14 | | offense, order the unsealing of prior felony conviction | 15 | | records previously ordered sealed by the court. | 16 | | (5) Notice of eligibility for sealing. Upon entry of a | 17 | | disposition for an eligible record under this subsection | 18 | | (c), the petitioner shall be informed by the court of the | 19 | | right to have the records sealed and the procedures for the | 20 | | sealing of the records. | 21 | | (d) Procedure. The following procedures apply to | 22 | | expungement under subsections (b), (e), and (e-6) and sealing | 23 | | under subsections (c) and (e-5): | 24 | | (1) Filing the petition. Upon becoming eligible to | 25 | | petition for
the expungement or sealing of records under | 26 | | this Section, the petitioner shall file a petition |
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| 1 | | requesting the expungement
or sealing of records with the | 2 | | clerk of the court where the arrests occurred or the | 3 | | charges were brought, or both. If arrests occurred or | 4 | | charges were brought in multiple jurisdictions, a petition | 5 | | must be filed in each such jurisdiction. The petitioner | 6 | | shall pay the applicable fee, except no fee shall be | 7 | | required if the petitioner has obtained a court order | 8 | | waiving fees under Supreme Court Rule 298 or it is | 9 | | otherwise waived. | 10 | | (1.5) County fee waiver pilot program.
In a county of | 11 | | 3,000,000 or more inhabitants, no fee shall be required to | 12 | | be paid by a petitioner if the records sought to be | 13 | | expunged or sealed were arrests resulting in release | 14 | | without charging or arrests or charges not initiated by | 15 | | arrest resulting in acquittal, dismissal, or conviction | 16 | | when the conviction was reversed or vacated, unless | 17 | | excluded by subsection (a)(3)(B). The provisions of this | 18 | | paragraph (1.5), other than this sentence, are inoperative | 19 | | on and after January 1, 2019. | 20 | | (2) Contents of petition. The petition shall be
| 21 | | verified and shall contain the petitioner's name, date of
| 22 | | birth, current address and, for each arrest or charge not | 23 | | initiated by
arrest sought to be sealed or expunged, the | 24 | | case number, the date of
arrest (if any), the identity of | 25 | | the arresting authority, and such
other information as the | 26 | | court may require. During the pendency
of the proceeding, |
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| 1 | | the petitioner shall promptly notify the
circuit court | 2 | | clerk of any change of his or her address. If the | 3 | | petitioner has received a certificate of eligibility for | 4 | | sealing from the Prisoner Review Board under paragraph (10) | 5 | | of subsection (a) of Section 3-3-2 of the Unified Code of | 6 | | Corrections, the certificate shall be attached to the | 7 | | petition. | 8 | | (3) Drug test. The petitioner must attach to the | 9 | | petition proof that the petitioner has passed a test taken | 10 | | within 30 days before the filing of the petition showing | 11 | | the absence within his or her body of all illegal | 12 | | substances as defined by the Illinois Controlled | 13 | | Substances Act, the Methamphetamine Control and Community | 14 | | Protection Act, and the Cannabis Control Act if he or she | 15 | | is petitioning to: | 16 | | (A) seal felony records under clause (c)(2)(E); | 17 | | (B) seal felony records for a violation of the | 18 | | Illinois Controlled Substances Act, the | 19 | | Methamphetamine Control and Community Protection Act, | 20 | | or the Cannabis Control Act under clause (c)(2)(F); | 21 | | (C) seal felony records under subsection (e-5); or | 22 | | (D) expunge felony records of a qualified | 23 | | probation under clause (b)(1)(iv). | 24 | | (4) Service of petition. The circuit court clerk shall | 25 | | promptly
serve a copy of the petition and documentation to | 26 | | support the petition under subsection (e-5) or (e-6) on the |
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| 1 | | State's Attorney or
prosecutor charged with the duty of | 2 | | prosecuting the
offense, the Department of State Police, | 3 | | the arresting
agency and the chief legal officer of the | 4 | | unit of local
government effecting the arrest. | 5 | | (5) Objections. | 6 | | (A) Any party entitled to notice of the petition | 7 | | may file an objection to the petition. All objections | 8 | | shall be in writing, shall be filed with the circuit | 9 | | court clerk, and shall state with specificity the basis | 10 | | of the objection. Whenever a person who has been | 11 | | convicted of an offense is granted
a pardon by the | 12 | | Governor which specifically authorizes expungement, an | 13 | | objection to the petition may not be filed. | 14 | | (B) Objections to a petition to expunge or seal | 15 | | must be filed within 60 days of the date of service of | 16 | | the petition. | 17 | | (6) Entry of order. | 18 | | (A) The Chief Judge of the circuit wherein the | 19 | | charge was brought, any judge of that circuit | 20 | | designated by the Chief Judge, or in counties of less | 21 | | than 3,000,000 inhabitants, the presiding trial judge | 22 | | at the petitioner's trial, if any, shall rule on the | 23 | | petition to expunge or seal as set forth in this | 24 | | subsection (d)(6). | 25 | | (B) Unless the State's Attorney or prosecutor, the | 26 | | Department of
State Police, the arresting agency, or |
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| 1 | | the chief legal officer
files an objection to the | 2 | | petition to expunge or seal within 60 days from the | 3 | | date of service of the petition, the court shall enter | 4 | | an order granting or denying the petition. | 5 | | (C) Notwithstanding any other provision of law, | 6 | | the court shall not deny a petition for sealing under | 7 | | this Section because the petitioner has not satisfied | 8 | | an outstanding legal financial obligation established, | 9 | | imposed, or originated by a court, law enforcement | 10 | | agency, or a municipal, State, county, or other unit of | 11 | | local government, including, but not limited to, any | 12 | | cost, assessment, fine, or fee. An outstanding legal | 13 | | financial obligation does not include any court | 14 | | ordered restitution to a victim under Section 5-5-6 of | 15 | | the Unified Code of Corrections, unless the | 16 | | restitution has been converted to a civil judgment. | 17 | | Nothing in this subparagraph (C) waives, rescinds, or | 18 | | abrogates a legal financial obligation or otherwise | 19 | | eliminates or affects the right of the holder of any | 20 | | financial obligation to pursue collection under | 21 | | applicable federal, State, or local law. | 22 | | (7) Hearings. If an objection is filed, the court shall | 23 | | set a date for a hearing and notify the petitioner and all | 24 | | parties entitled to notice of the petition of the hearing | 25 | | date at least 30 days prior to the hearing. Prior to the | 26 | | hearing, the State's Attorney shall consult with the |
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| 1 | | Department as to the appropriateness of the relief sought | 2 | | in the petition to expunge or seal. At the hearing, the | 3 | | court shall hear evidence on whether the petition should or | 4 | | should not be granted, and shall grant or deny the petition | 5 | | to expunge or seal the records based on the evidence | 6 | | presented at the hearing. The court may consider the | 7 | | following: | 8 | | (A) the strength of the evidence supporting the | 9 | | defendant's conviction; | 10 | | (B) the reasons for retention of the conviction | 11 | | records by the State; | 12 | | (C) the petitioner's age, criminal record history, | 13 | | and employment history; | 14 | | (D) the period of time between the petitioner's | 15 | | arrest on the charge resulting in the conviction and | 16 | | the filing of the petition under this Section; and | 17 | | (E) the specific adverse consequences the | 18 | | petitioner may be subject to if the petition is denied. | 19 | | (8) Service of order. After entering an order to | 20 | | expunge or
seal records, the court must provide copies of | 21 | | the order to the
Department, in a form and manner | 22 | | prescribed by the Department,
to the petitioner, to the | 23 | | State's Attorney or prosecutor
charged with the duty of | 24 | | prosecuting the offense, to the
arresting agency, to the | 25 | | chief legal officer of the unit of
local government | 26 | | effecting the arrest, and to such other
criminal justice |
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| 1 | | agencies as may be ordered by the court. | 2 | | (9) Implementation of order. | 3 | | (A) Upon entry of an order to expunge records | 4 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | 5 | | (i) the records shall be expunged (as defined | 6 | | in subsection (a)(1)(E)) by the arresting agency, | 7 | | the Department, and any other agency as ordered by | 8 | | the court, within 60 days of the date of service of | 9 | | the order, unless a motion to vacate, modify, or | 10 | | reconsider the order is filed pursuant to | 11 | | paragraph (12) of subsection (d) of this Section; | 12 | | (ii) the records of the circuit court clerk | 13 | | shall be impounded until further order of the court | 14 | | upon good cause shown and the name of the | 15 | | petitioner obliterated on the official index | 16 | | required to be kept by the circuit court clerk | 17 | | under Section 16 of the Clerks of Courts Act, but | 18 | | the order shall not affect any index issued by the | 19 | | circuit court clerk before the entry of the order; | 20 | | and | 21 | | (iii) in response to an inquiry for expunged | 22 | | records, the court, the Department, or the agency | 23 | | receiving such inquiry, shall reply as it does in | 24 | | response to inquiries when no records ever | 25 | | existed. | 26 | | (B) Upon entry of an order to expunge records |
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| 1 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | 2 | | (i) the records shall be expunged (as defined | 3 | | in subsection (a)(1)(E)) by the arresting agency | 4 | | and any other agency as ordered by the court, | 5 | | within 60 days of the date of service of the order, | 6 | | unless a motion to vacate, modify, or reconsider | 7 | | the order is filed pursuant to paragraph (12) of | 8 | | subsection (d) of this Section; | 9 | | (ii) the records of the circuit court clerk | 10 | | shall be impounded until further order of the court | 11 | | upon good cause shown and the name of the | 12 | | petitioner obliterated on the official index | 13 | | required to be kept by the circuit court clerk | 14 | | under Section 16 of the Clerks of Courts Act, but | 15 | | the order shall not affect any index issued by the | 16 | | circuit court clerk before the entry of the order; | 17 | | (iii) the records shall be impounded by the
| 18 | | Department within 60 days of the date of service of | 19 | | the order as ordered by the court, unless a motion | 20 | | to vacate, modify, or reconsider the order is filed | 21 | | pursuant to paragraph (12) of subsection (d) of | 22 | | this Section; | 23 | | (iv) records impounded by the Department may | 24 | | be disseminated by the Department only as required | 25 | | by law or to the arresting authority, the State's | 26 | | Attorney, and the court upon a later arrest for the |
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| 1 | | same or a similar offense or for the purpose of | 2 | | sentencing for any subsequent felony, and to the | 3 | | Department of Corrections upon conviction for any | 4 | | offense; and | 5 | | (v) in response to an inquiry for such records | 6 | | from anyone not authorized by law to access such | 7 | | records, the court, the Department, or the agency | 8 | | receiving such inquiry shall reply as it does in | 9 | | response to inquiries when no records ever | 10 | | existed. | 11 | | (B-5) Upon entry of an order to expunge records | 12 | | under subsection (e-6): | 13 | | (i) the records shall be expunged (as defined | 14 | | in subsection (a)(1)(E)) by the arresting agency | 15 | | and any other agency as ordered by the court, | 16 | | within 60 days of the date of service of the order, | 17 | | unless a motion to vacate, modify, or reconsider | 18 | | the order is filed under paragraph (12) of | 19 | | subsection (d) of this Section; | 20 | | (ii) the records of the circuit court clerk | 21 | | shall be impounded until further order of the court | 22 | | upon good cause shown and the name of the | 23 | | petitioner obliterated on the official index | 24 | | required to be kept by the circuit court clerk | 25 | | under Section 16 of the Clerks of Courts Act, but | 26 | | the order shall not affect any index issued by the |
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| 1 | | circuit court clerk before the entry of the order; | 2 | | (iii) the records shall be impounded by the
| 3 | | Department within 60 days of the date of service of | 4 | | the order as ordered by the court, unless a motion | 5 | | to vacate, modify, or reconsider the order is filed | 6 | | under paragraph (12) of subsection (d) of this | 7 | | Section; | 8 | | (iv) records impounded by the Department may | 9 | | be disseminated by the Department only as required | 10 | | by law or to the arresting authority, the State's | 11 | | Attorney, and the court upon a later arrest for the | 12 | | same or a similar offense or for the purpose of | 13 | | sentencing for any subsequent felony, and to the | 14 | | Department of Corrections upon conviction for any | 15 | | offense; and | 16 | | (v) in response to an inquiry for these records | 17 | | from anyone not authorized by law to access the | 18 | | records, the court, the Department, or the agency | 19 | | receiving the inquiry shall reply as it does in | 20 | | response to inquiries when no records ever | 21 | | existed. | 22 | | (C) Upon entry of an order to seal records under | 23 | | subsection
(c), the arresting agency, any other agency | 24 | | as ordered by the court, the Department, and the court | 25 | | shall seal the records (as defined in subsection | 26 | | (a)(1)(K)). In response to an inquiry for such records, |
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| 1 | | from anyone not authorized by law to access such | 2 | | records, the court, the Department, or the agency | 3 | | receiving such inquiry shall reply as it does in | 4 | | response to inquiries when no records ever existed. | 5 | | (D) The Department shall send written notice to the | 6 | | petitioner of its compliance with each order to expunge | 7 | | or seal records within 60 days of the date of service | 8 | | of that order or, if a motion to vacate, modify, or | 9 | | reconsider is filed, within 60 days of service of the | 10 | | order resolving the motion, if that order requires the | 11 | | Department to expunge or seal records. In the event of | 12 | | an appeal from the circuit court order, the Department | 13 | | shall send written notice to the petitioner of its | 14 | | compliance with an Appellate Court or Supreme Court | 15 | | judgment to expunge or seal records within 60 days of | 16 | | the issuance of the court's mandate. The notice is not | 17 | | required while any motion to vacate, modify, or | 18 | | reconsider, or any appeal or petition for | 19 | | discretionary appellate review, is pending. | 20 | | (E) Upon motion, the court may order that a sealed | 21 | | judgment or other court record necessary to | 22 | | demonstrate the amount of any legal financial | 23 | | obligation due and owing be made available for the | 24 | | limited purpose of collecting any legal financial | 25 | | obligations owed by the petitioner that were | 26 | | established, imposed, or originated in the criminal |
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| 1 | | proceeding for which those records have been sealed. | 2 | | The records made available under this subparagraph (E) | 3 | | shall not be entered into the official index required | 4 | | to be kept by the circuit court clerk under Section 16 | 5 | | of the Clerks of Courts Act and shall be immediately | 6 | | re-impounded upon the collection of the outstanding | 7 | | financial obligations. | 8 | | (F) Notwithstanding any other provision of this | 9 | | Section, a circuit court clerk may access a sealed | 10 | | record for the limited purpose of collecting payment | 11 | | for any legal financial obligations that were | 12 | | established, imposed, or originated in the criminal | 13 | | proceedings for which those records have been sealed. | 14 | | (10) Fees. The Department may charge the petitioner a | 15 | | fee equivalent to the cost of processing any order to | 16 | | expunge or seal records. Notwithstanding any provision of | 17 | | the Clerks of Courts Act to the contrary, the circuit court | 18 | | clerk may charge a fee equivalent to the cost associated | 19 | | with the sealing or expungement of records by the circuit | 20 | | court clerk. From the total filing fee collected for the | 21 | | petition to seal or expunge, the circuit court clerk shall | 22 | | deposit $10 into the Circuit Court Clerk Operation and | 23 | | Administrative Fund, to be used to offset the costs | 24 | | incurred by the circuit court clerk in performing the | 25 | | additional duties required to serve the petition to seal or | 26 | | expunge on all parties. The circuit court clerk shall |
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| 1 | | collect and forward the Department of State Police portion | 2 | | of the fee to the Department and it shall be deposited in | 3 | | the State Police Services Fund. If the record brought under | 4 | | an expungement petition was previously sealed under this | 5 | | Section, the fee for the expungement petition for that same | 6 | | record shall be waived. | 7 | | (11) Final Order. No court order issued under the | 8 | | expungement or sealing provisions of this Section shall | 9 | | become final for purposes of appeal until 30 days after | 10 | | service of the order on the petitioner and all parties | 11 | | entitled to notice of the petition. | 12 | | (12) Motion to Vacate, Modify, or Reconsider. Under | 13 | | Section 2-1203 of the Code of Civil Procedure, the | 14 | | petitioner or any party entitled to notice may file a | 15 | | motion to vacate, modify, or reconsider the order granting | 16 | | or denying the petition to expunge or seal within 60 days | 17 | | of service of the order. If filed more than 60 days after | 18 | | service of the order, a petition to vacate, modify, or | 19 | | reconsider shall comply with subsection (c) of Section | 20 | | 2-1401 of the Code of Civil Procedure. Upon filing of a | 21 | | motion to vacate, modify, or reconsider, notice of the | 22 | | motion shall be served upon the petitioner and all parties | 23 | | entitled to notice of the petition. | 24 | | (13) Effect of Order. An order granting a petition | 25 | | under the expungement or sealing provisions of this Section | 26 | | shall not be considered void because it fails to comply |
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| 1 | | with the provisions of this Section or because of any error | 2 | | asserted in a motion to vacate, modify, or reconsider. The | 3 | | circuit court retains jurisdiction to determine whether | 4 | | the order is voidable and to vacate, modify, or reconsider | 5 | | its terms based on a motion filed under paragraph (12) of | 6 | | this subsection (d). | 7 | | (14) Compliance with Order Granting Petition to Seal | 8 | | Records. Unless a court has entered a stay of an order | 9 | | granting a petition to seal, all parties entitled to notice | 10 | | of the petition must fully comply with the terms of the | 11 | | order within 60 days of service of the order even if a | 12 | | party is seeking relief from the order through a motion | 13 | | filed under paragraph (12) of this subsection (d) or is | 14 | | appealing the order. | 15 | | (15) Compliance with Order Granting Petition to | 16 | | Expunge Records. While a party is seeking relief from the | 17 | | order granting the petition to expunge through a motion | 18 | | filed under paragraph (12) of this subsection (d) or is | 19 | | appealing the order, and unless a court has entered a stay | 20 | | of that order, the parties entitled to notice of the | 21 | | petition must seal, but need not expunge, the records until | 22 | | there is a final order on the motion for relief or, in the | 23 | | case of an appeal, the issuance of that court's mandate. | 24 | | (16) The changes to this subsection (d) made by Public | 25 | | Act 98-163 apply to all petitions pending on August 5, 2013 | 26 | | (the effective date of Public Act 98-163) and to all orders |
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| 1 | | ruling on a petition to expunge or seal on or after August | 2 | | 5, 2013 (the effective date of Public Act 98-163). | 3 | | (e) Whenever a person who has been convicted of an offense | 4 | | is granted
a pardon by the Governor which specifically | 5 | | authorizes expungement, he or she may,
upon verified petition | 6 | | to the Chief Judge of the circuit where the person had
been | 7 | | convicted, any judge of the circuit designated by the Chief | 8 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 9 | | presiding trial judge at the
defendant's trial, have a court | 10 | | order entered expunging the record of
arrest from the official | 11 | | records of the arresting authority and order that the
records | 12 | | of the circuit court clerk and the Department be sealed until
| 13 | | further order of the court upon good cause shown or as | 14 | | otherwise provided
herein, and the name of the defendant | 15 | | obliterated from the official index
requested to be kept by the | 16 | | circuit court clerk under Section 16 of the Clerks
of Courts | 17 | | Act in connection with the arrest and conviction for the | 18 | | offense for
which he or she had been pardoned but the order | 19 | | shall not affect any index issued by
the circuit court clerk | 20 | | before the entry of the order. All records sealed by
the | 21 | | Department may be disseminated by the Department only to the | 22 | | arresting authority, the State's Attorney, and the court upon a | 23 | | later
arrest for the same or similar offense or for the purpose | 24 | | of sentencing for any
subsequent felony. Upon conviction for | 25 | | any subsequent offense, the Department
of Corrections shall | 26 | | have access to all sealed records of the Department
pertaining |
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| 1 | | to that individual. Upon entry of the order of expungement, the
| 2 | | circuit court clerk shall promptly mail a copy of the order to | 3 | | the
person who was pardoned. | 4 | | (e-5) Whenever a person who has been convicted of an | 5 | | offense is granted a certificate of eligibility for sealing by | 6 | | the Prisoner Review Board which specifically authorizes | 7 | | sealing, he or she may, upon verified petition to the Chief | 8 | | Judge of the circuit where the person had been convicted, any | 9 | | judge of the circuit designated by the Chief Judge, or in | 10 | | counties of less than 3,000,000 inhabitants, the presiding | 11 | | trial judge at the petitioner's trial, have a court order | 12 | | entered sealing the record of arrest from the official records | 13 | | of the arresting authority and order that the records of the | 14 | | circuit court clerk and the Department be sealed until further | 15 | | order of the court upon good cause shown or as otherwise | 16 | | provided herein, and the name of the petitioner obliterated | 17 | | from the official index requested to be kept by the circuit | 18 | | court clerk under Section 16 of the Clerks of Courts Act in | 19 | | connection with the arrest and conviction for the offense for | 20 | | which he or she had been granted the certificate but the order | 21 | | shall not affect any index issued by the circuit court clerk | 22 | | before the entry of the order. All records sealed by the | 23 | | Department may be disseminated by the Department only as | 24 | | required by this Act or to the arresting authority, a law | 25 | | enforcement agency, the State's Attorney, and the court upon a | 26 | | later arrest for the same or similar offense or for the purpose |
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| 1 | | of sentencing for any subsequent felony. Upon conviction for | 2 | | any subsequent offense, the Department of Corrections shall | 3 | | have access to all sealed records of the Department pertaining | 4 | | to that individual. Upon entry of the order of sealing, the | 5 | | circuit court clerk shall promptly mail a copy of the order to | 6 | | the person who was granted the certificate of eligibility for | 7 | | sealing. | 8 | | (e-6) Whenever a person who has been convicted of an | 9 | | offense is granted a certificate of eligibility for expungement | 10 | | by the Prisoner Review Board which specifically authorizes | 11 | | expungement, he or she may, upon verified petition to the Chief | 12 | | Judge of the circuit where the person had been convicted, any | 13 | | judge of the circuit designated by the Chief Judge, or in | 14 | | counties of less than 3,000,000 inhabitants, the presiding | 15 | | trial judge at the petitioner's trial, have a court order | 16 | | entered expunging the record of arrest from the official | 17 | | records of the arresting authority and order that the records | 18 | | of the circuit court clerk and the Department be sealed until | 19 | | further order of the court upon good cause shown or as | 20 | | otherwise provided herein, and the name of the petitioner | 21 | | obliterated from the official index requested to be kept by the | 22 | | circuit court clerk under Section 16 of the Clerks of Courts | 23 | | Act in connection with the arrest and conviction for the | 24 | | offense for which he or she had been granted the certificate | 25 | | but the order shall not affect any index issued by the circuit | 26 | | court clerk before the entry of the order. All records sealed |
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| 1 | | by the Department may be disseminated by the Department only as | 2 | | required by this Act or to the arresting authority, a law | 3 | | enforcement agency, the State's Attorney, and the court upon a | 4 | | later arrest for the same or similar offense or for the purpose | 5 | | of sentencing for any subsequent felony. Upon conviction for | 6 | | any subsequent offense, the Department of Corrections shall | 7 | | have access to all expunged records of the Department | 8 | | pertaining to that individual. Upon entry of the order of | 9 | | expungement, the circuit court clerk shall promptly mail a copy | 10 | | of the order to the person who was granted the certificate of | 11 | | eligibility for expungement. | 12 | | (f) Subject to available funding, the Illinois Department
| 13 | | of Corrections shall conduct a study of the impact of sealing,
| 14 | | especially on employment and recidivism rates, utilizing a
| 15 | | random sample of those who apply for the sealing of their
| 16 | | criminal records under Public Act 93-211. At the request of the
| 17 | | Illinois Department of Corrections, records of the Illinois
| 18 | | Department of Employment Security shall be utilized as
| 19 | | appropriate to assist in the study. The study shall not
| 20 | | disclose any data in a manner that would allow the
| 21 | | identification of any particular individual or employing unit.
| 22 | | The study shall be made available to the General Assembly no
| 23 | | later than September 1, 2010.
| 24 | | (g) Immediate Sealing. | 25 | | (1) Applicability. Notwithstanding any other provision | 26 | | of this Act to the contrary, and cumulative with any rights |
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| 1 | | to expungement or sealing of criminal records, this | 2 | | subsection authorizes the immediate sealing of criminal | 3 | | records of adults and of minors prosecuted as adults. | 4 | | (2) Eligible Records. Arrests or charges not initiated | 5 | | by arrest resulting in acquittal or dismissal with | 6 | | prejudice, except as excluded by subsection (a)(3)(B), | 7 | | that occur on or after January 1, 2018 (the effective date | 8 | | of Public Act 100-282), may be sealed immediately if the | 9 | | petition is filed with the circuit court clerk on the same | 10 | | day and during the same hearing in which the case is | 11 | | disposed. | 12 | | (3) When Records are Eligible to be Immediately Sealed. | 13 | | Eligible records under paragraph (2) of this subsection (g) | 14 | | may be sealed immediately after entry of the final | 15 | | disposition of a case, notwithstanding the disposition of | 16 | | other charges in the same case. | 17 | | (4) Notice of Eligibility for Immediate Sealing. Upon | 18 | | entry of a disposition for an eligible record under this | 19 | | subsection (g), the defendant shall be informed by the | 20 | | court of his or her right to have eligible records | 21 | | immediately sealed and the procedure for the immediate | 22 | | sealing of these records. | 23 | | (5) Procedure. The following procedures apply to | 24 | | immediate sealing under this subsection (g). | 25 | | (A) Filing the Petition. Upon entry of the final | 26 | | disposition of the case, the defendant's attorney may |
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| 1 | | immediately petition the court, on behalf of the | 2 | | defendant, for immediate sealing of eligible records | 3 | | under paragraph (2) of this subsection (g) that are | 4 | | entered on or after January 1, 2018 (the effective date | 5 | | of Public Act 100-282). The immediate sealing petition | 6 | | may be filed with the circuit court clerk during the | 7 | | hearing in which the final disposition of the case is | 8 | | entered. If the defendant's attorney does not file the | 9 | | petition for immediate sealing during the hearing, the | 10 | | defendant may file a petition for sealing at any time | 11 | | as authorized under subsection (c)(3)(A). | 12 | | (B) Contents of Petition. The immediate sealing | 13 | | petition shall be verified and shall contain the | 14 | | petitioner's name, date of birth, current address, and | 15 | | for each eligible record, the case number, the date of | 16 | | arrest if applicable, the identity of the arresting | 17 | | authority if applicable, and other information as the | 18 | | court may require. | 19 | | (C) Drug Test. The petitioner shall not be required | 20 | | to attach proof that he or she has passed a drug test. | 21 | | (D) Service of Petition. A copy of the petition | 22 | | shall be served on the State's Attorney in open court. | 23 | | The petitioner shall not be required to serve a copy of | 24 | | the petition on any other agency. | 25 | | (E) Entry of Order. The presiding trial judge shall | 26 | | enter an order granting or denying the petition for |
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| 1 | | immediate sealing during the hearing in which it is | 2 | | filed. Petitions for immediate sealing shall be ruled | 3 | | on in the same hearing in which the final disposition | 4 | | of the case is entered. | 5 | | (F) Hearings. The court shall hear the petition for | 6 | | immediate sealing on the same day and during the same | 7 | | hearing in which the disposition is rendered. | 8 | | (G) Service of Order. An order to immediately seal | 9 | | eligible records shall be served in conformance with | 10 | | subsection (d)(8). | 11 | | (H) Implementation of Order. An order to | 12 | | immediately seal records shall be implemented in | 13 | | conformance with subsections (d)(9)(C) and (d)(9)(D). | 14 | | (I) Fees. The fee imposed by the circuit court | 15 | | clerk and the Department of State Police shall comply | 16 | | with paragraph (1) of subsection (d) of this Section. | 17 | | (J) Final Order. No court order issued under this | 18 | | subsection (g) shall become final for purposes of | 19 | | appeal until 30 days after service of the order on the | 20 | | petitioner and all parties entitled to service of the | 21 | | order in conformance with subsection (d)(8). | 22 | | (K) Motion to Vacate, Modify, or Reconsider. Under | 23 | | Section 2-1203 of the Code of Civil Procedure, the | 24 | | petitioner, State's Attorney, or the Department of | 25 | | State Police may file a motion to vacate, modify, or | 26 | | reconsider the order denying the petition to |
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| 1 | | immediately seal within 60 days of service of the | 2 | | order. If filed more than 60 days after service of the | 3 | | order, a petition to vacate, modify, or reconsider | 4 | | shall comply with subsection (c) of Section 2-1401 of | 5 | | the Code of Civil Procedure. | 6 | | (L) Effect of Order. An order granting an immediate | 7 | | sealing petition shall not be considered void because | 8 | | it fails to comply with the provisions of this Section | 9 | | or because of an error asserted in a motion to vacate, | 10 | | modify, or reconsider. The circuit court retains | 11 | | jurisdiction to determine whether the order is | 12 | | voidable, and to vacate, modify, or reconsider its | 13 | | terms based on a motion filed under subparagraph (L) of | 14 | | this subsection (g). | 15 | | (M) Compliance with Order Granting Petition to | 16 | | Seal Records. Unless a court has entered a stay of an | 17 | | order granting a petition to immediately seal, all | 18 | | parties entitled to service of the order must fully | 19 | | comply with the terms of the order within 60 days of | 20 | | service of the order. | 21 | | (h) Sealing; trafficking victims. | 22 | | (1) A trafficking victim as defined by paragraph (10) | 23 | | of subsection (a) of Section 10-9 of the Criminal Code of | 24 | | 2012 shall be eligible to petition for immediate sealing of | 25 | | his or her criminal record upon the completion of his or | 26 | | her last sentence if his or her participation in the |
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| 1 | | underlying offense was a direct result of human trafficking | 2 | | under Section 10-9 of the Criminal Code of 2012 or a severe | 3 | | form of trafficking under the federal Trafficking Victims | 4 | | Protection Act. | 5 | | (2) A petitioner under this subsection (h), in addition | 6 | | to the requirements provided under paragraph (4) of | 7 | | subsection (d) of this Section, shall include in his or her | 8 | | petition a clear and concise statement that: (A) he or she | 9 | | was a victim of human trafficking at the time of the | 10 | | offense; and (B) that his or her participation in the | 11 | | offense was a direct result of human trafficking under | 12 | | Section 10-9 of the Criminal Code of 2012 or a severe form | 13 | | of trafficking under the federal Trafficking Victims | 14 | | Protection Act. | 15 | | (3) If an objection is filed alleging that the | 16 | | petitioner is not entitled to immediate sealing under this | 17 | | subsection (h), the court shall conduct a hearing under | 18 | | paragraph (7) of subsection (d) of this Section and the | 19 | | court shall determine whether the petitioner is entitled to | 20 | | immediate sealing under this subsection (h). A petitioner | 21 | | is eligible for immediate relief under this subsection (h) | 22 | | if he or she shows, by a preponderance of the evidence, | 23 | | that: (A) he or she was a victim of human trafficking at | 24 | | the time of the offense; and (B) that his or her | 25 | | participation in the offense was a direct result of human | 26 | | trafficking under Section 10-9 of the Criminal Code of 2012 |
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| 1 | | or a severe form of trafficking under the federal | 2 | | Trafficking Victims Protection Act. | 3 | | (Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385, | 4 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16; | 5 | | 99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff. | 6 | | 1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, | 7 | | eff. 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; | 8 | | 100-863, eff. 8-14-18; revised 8-30-18.)
| 9 | | Section 15. The Juvenile Court Act of 1987 is amended by | 10 | | changing Sections 5-710 and 5-750 as follows:
| 11 | | (705 ILCS 405/5-710)
| 12 | | Sec. 5-710. Kinds of sentencing orders.
| 13 | | (1) The following kinds of sentencing orders may be made in | 14 | | respect of
wards of the court:
| 15 | | (a) Except as provided in Sections 5-805, 5-810, and | 16 | | 5-815, a minor who is
found
guilty under Section 5-620 may | 17 | | be:
| 18 | | (i) put on probation or conditional discharge and | 19 | | released to his or her
parents, guardian or legal | 20 | | custodian, provided, however, that any such minor
who | 21 | | is not committed to the Department of Juvenile Justice | 22 | | under
this subsection and who is found to be a | 23 | | delinquent for an offense which is
first degree murder, | 24 | | a Class X felony, or a forcible felony shall be placed |
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| 1 | | on
probation;
| 2 | | (ii) placed in accordance with Section 5-740, with | 3 | | or without also being
put on probation or conditional | 4 | | discharge;
| 5 | | (iii) required to undergo a substance abuse | 6 | | assessment conducted by a
licensed provider and | 7 | | participate in the indicated clinical level of care;
| 8 | | (iv) on and after the effective date of this | 9 | | amendatory Act of the 98th General Assembly and before | 10 | | January 1, 2017, placed in the guardianship of the | 11 | | Department of Children and Family
Services, but only if | 12 | | the delinquent minor is under 16 years of age or, | 13 | | pursuant to Article II of this Act, a minor for whom an | 14 | | independent basis of abuse, neglect, or dependency | 15 | | exists. On and after January 1, 2017, placed in the | 16 | | guardianship of the Department of Children and Family
| 17 | | Services, but only if the delinquent minor is under 15 | 18 | | years of age or, pursuant to Article II of this Act, a | 19 | | minor for whom an independent basis of abuse, neglect, | 20 | | or dependency exists. An independent basis exists when | 21 | | the allegations or adjudication of abuse, neglect, or | 22 | | dependency do not arise from the same facts, incident, | 23 | | or circumstances which give rise to a charge or | 24 | | adjudication of delinquency;
| 25 | | (v) placed in detention for a period not to exceed | 26 | | 30 days, either as
the
exclusive order of disposition |
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| 1 | | or, where appropriate, in conjunction with any
other | 2 | | order of disposition issued under this paragraph, | 3 | | provided that any such
detention shall be in a juvenile | 4 | | detention home and the minor so detained shall
be 10 | 5 | | years of age or older. However, the 30-day limitation | 6 | | may be extended by
further order of the court for a | 7 | | minor under age 15 committed to the Department
of | 8 | | Children and Family Services if the court finds that | 9 | | the minor is a danger
to himself or others. The minor | 10 | | shall be given credit on the sentencing order
of | 11 | | detention for time spent in detention under Sections | 12 | | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 13 | | result of the offense for which the sentencing order | 14 | | was imposed.
The court may grant credit on a sentencing | 15 | | order of detention entered under a
violation of | 16 | | probation or violation of conditional discharge under | 17 | | Section
5-720 of this Article for time spent in | 18 | | detention before the filing of the
petition
alleging | 19 | | the violation. A minor shall not be deprived of credit | 20 | | for time spent
in detention before the filing of a | 21 | | violation of probation or conditional
discharge | 22 | | alleging the same or related act or acts. The | 23 | | limitation that the minor shall only be placed in a | 24 | | juvenile detention home does not apply as follows: | 25 | | Persons 18 years of age and older who have a | 26 | | petition of delinquency filed against them may be |
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| 1 | | confined in an adult detention facility. In making a | 2 | | determination whether to confine a person 18 years of | 3 | | age or older who has a petition of delinquency filed | 4 | | against the person, these factors, among other | 5 | | matters, shall be considered: | 6 | | (A) the age of the person; | 7 | | (B) any previous delinquent or criminal | 8 | | history of the person; | 9 | | (C) any previous abuse or neglect history of | 10 | | the person; | 11 | | (D) any mental health history of the person; | 12 | | and | 13 | | (E) any educational history of the person;
| 14 | | (vi) ordered partially or completely emancipated | 15 | | in accordance with the
provisions of the Emancipation | 16 | | of Minors Act;
| 17 | | (vii) subject to having his or her driver's license | 18 | | or driving
privileges
suspended for such time as | 19 | | determined by the court but only until he or she
| 20 | | attains 18 years of age;
| 21 | | (viii) put on probation or conditional discharge | 22 | | and placed in detention
under Section 3-6039 of the | 23 | | Counties Code for a period not to exceed the period
of | 24 | | incarceration permitted by law for adults found guilty | 25 | | of the same offense
or offenses for which the minor was | 26 | | adjudicated delinquent, and in any event no
longer than |
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| 1 | | upon attainment of age 21; this subdivision (viii) | 2 | | notwithstanding
any contrary provision of the law;
| 3 | | (ix) ordered to undergo a medical or other | 4 | | procedure to have a tattoo
symbolizing allegiance to a | 5 | | street gang removed from his or her body; or | 6 | | (x) placed in electronic monitoring or home | 7 | | detention under Part 7A of this Article.
| 8 | | (b) A minor found to be guilty may be committed to the | 9 | | Department of
Juvenile Justice under Section 5-750 if the | 10 | | minor is at least 13 years and under 20 years of age,
| 11 | | provided that the commitment to the Department of Juvenile | 12 | | Justice shall be made only if the minor was found guilty of | 13 | | a felony offense or first degree murder. The court shall | 14 | | include in the sentencing order any pre-custody credits the | 15 | | minor is entitled to under Section 5-4.5-100 of the Unified | 16 | | Code of Corrections. The time during which a minor is in | 17 | | custody before being released
upon the request of a parent, | 18 | | guardian or legal custodian shall also be considered
as | 19 | | time spent in custody.
| 20 | | (c) When a minor is found to be guilty for an offense | 21 | | which is a violation
of the Illinois Controlled Substances | 22 | | Act, the Cannabis Control Act, or the Methamphetamine | 23 | | Control and Community Protection Act and made
a ward of the | 24 | | court, the court may enter a disposition order requiring | 25 | | the
minor to undergo assessment,
counseling or treatment in | 26 | | a substance use disorder treatment program approved by the |
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| 1 | | Department
of Human Services.
| 2 | | (2) Any sentencing order other than commitment to the | 3 | | Department of
Juvenile Justice may provide for protective | 4 | | supervision under
Section 5-725 and may include an order of | 5 | | protection under Section 5-730.
| 6 | | (3) Unless the sentencing order expressly so provides, it | 7 | | does not operate
to close proceedings on the pending petition, | 8 | | but is subject to modification
until final closing and | 9 | | discharge of the proceedings under Section 5-750.
| 10 | | (4) In addition to any other sentence, the court may order | 11 | | any
minor
found to be delinquent to make restitution, in | 12 | | monetary or non-monetary form,
under the terms and conditions | 13 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 14 | | that the "presentencing hearing" referred to in that
Section
| 15 | | shall be
the sentencing hearing for purposes of this Section. | 16 | | The parent, guardian or
legal custodian of the minor may be | 17 | | ordered by the court to pay some or all of
the restitution on | 18 | | the minor's behalf, pursuant to the Parental Responsibility
| 19 | | Law. The State's Attorney is authorized to act
on behalf of any | 20 | | victim in seeking restitution in proceedings under this
| 21 | | Section, up to the maximum amount allowed in Section 5 of the | 22 | | Parental
Responsibility Law.
| 23 | | (5) Any sentencing order where the minor is committed or | 24 | | placed in
accordance
with Section 5-740 shall provide for the | 25 | | parents or guardian of the estate of
the minor to pay to the | 26 | | legal custodian or guardian of the person of the minor
such |
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| 1 | | sums as are determined by the custodian or guardian of the | 2 | | person of the
minor as necessary for the minor's needs. The | 3 | | payments may not exceed the
maximum amounts provided for by | 4 | | Section 9.1 of the Children and Family Services
Act.
| 5 | | (6) Whenever the sentencing order requires the minor to | 6 | | attend school or
participate in a program of training, the | 7 | | truant officer or designated school
official shall regularly | 8 | | report to the court if the minor is a chronic or
habitual | 9 | | truant under Section 26-2a of the School Code. Notwithstanding | 10 | | any other provision of this Act, in instances in which | 11 | | educational services are to be provided to a minor in a | 12 | | residential facility where the minor has been placed by the | 13 | | court, costs incurred in the provision of those educational | 14 | | services must be allocated based on the requirements of the | 15 | | School Code.
| 16 | | (7) In no event shall a guilty minor be committed to the | 17 | | Department of
Juvenile Justice for a period of time in
excess | 18 | | of
that period for which an adult could be committed for the | 19 | | same act. The court shall include in the sentencing order a | 20 | | limitation on the period of confinement not to exceed the | 21 | | maximum period of imprisonment the court could impose under | 22 | | Chapter 5 Article V of the Unified Code of Corrections.
| 23 | | (7.5) In no event shall a guilty minor be committed to the | 24 | | Department of Juvenile Justice or placed in detention when the | 25 | | act for which the minor was adjudicated delinquent would not be | 26 | | illegal if committed by an adult. |
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| 1 | | (7.6) In no event shall a guilty minor be committed to the | 2 | | Department of Juvenile Justice for an offense which is a Class | 3 | | 4 felony under Section 19-4 (criminal trespass to a residence), | 4 | | 21-1 (criminal damage to property), 21-1.01 (criminal damage to | 5 | | government supported property), 21-1.3 (criminal defacement of | 6 | | property), 26-1 (disorderly conduct), or 31-4 (obstructing | 7 | | justice) of the Criminal Code of 2012. | 8 | | (7.75) In no event shall a guilty minor be committed to the | 9 | | Department of Juvenile Justice for an offense that is a Class 3 | 10 | | or Class 4 felony violation of the Illinois Controlled | 11 | | Substances Act unless the commitment occurs upon a third or | 12 | | subsequent judicial finding of a violation of probation for | 13 | | substantial noncompliance with court-ordered treatment or | 14 | | programming. | 15 | | (8) A minor found to be guilty for reasons that include a | 16 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | 17 | | Criminal Code of 2012 shall be ordered to perform
community | 18 | | service for not less than 30 and not more than 120 hours, if
| 19 | | community service is available in the jurisdiction. The | 20 | | community service
shall include, but need not be limited to, | 21 | | the cleanup and repair of the damage
that was caused by the | 22 | | violation or similar damage to property located in the
| 23 | | municipality or county in which the violation occurred. The | 24 | | order may be in
addition to any other order authorized by this | 25 | | Section.
| 26 | | (8.5) A minor found to be guilty for reasons that include a |
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| 1 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 2 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 3 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | 4 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 | 5 | | shall be ordered to undergo medical or psychiatric treatment | 6 | | rendered by
a
psychiatrist or psychological treatment rendered | 7 | | by a clinical psychologist.
The order
may be in addition to any | 8 | | other order authorized by this Section.
| 9 | | (9) In addition to any other sentencing order, the court | 10 | | shall order any
minor found
to be guilty for an act which would | 11 | | constitute, predatory criminal sexual
assault of a child, | 12 | | aggravated criminal sexual assault, criminal sexual
assault, | 13 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 14 | | committed by an
adult to undergo medical testing to determine | 15 | | whether the defendant has any
sexually transmissible disease | 16 | | including a test for infection with human
immunodeficiency | 17 | | virus (HIV) or any other identified causative agency of
| 18 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 19 | | shall be performed
only by appropriately licensed medical | 20 | | practitioners and may include an
analysis of any bodily fluids | 21 | | as well as an examination of the minor's person.
Except as | 22 | | otherwise provided by law, the results of the test shall be | 23 | | kept
strictly confidential by all medical personnel involved in | 24 | | the testing and must
be personally delivered in a sealed | 25 | | envelope to the judge of the court in which
the sentencing | 26 | | order was entered for the judge's inspection in camera. Acting
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| 1 | | in accordance with the best interests of the victim and the | 2 | | public, the judge
shall have the discretion to determine to | 3 | | whom the results of the testing may
be revealed. The court | 4 | | shall notify the minor of the results of the test for
infection | 5 | | with the human immunodeficiency virus (HIV). The court shall | 6 | | also
notify the victim if requested by the victim, and if the | 7 | | victim is under the
age of 15 and if requested by the victim's | 8 | | parents or legal guardian, the court
shall notify the victim's | 9 | | parents or the legal guardian, of the results of the
test for | 10 | | infection with the human immunodeficiency virus (HIV). The | 11 | | court
shall provide information on the availability of HIV | 12 | | testing and counseling at
the Department of Public Health | 13 | | facilities to all parties to whom the
results of the testing | 14 | | are revealed. The court shall order that the cost of
any test | 15 | | shall be paid by the county and may be taxed as costs against | 16 | | the
minor.
| 17 | | (10) When a court finds a minor to be guilty the court | 18 | | shall, before
entering a sentencing order under this Section, | 19 | | make a finding whether the
offense committed either: (a) was | 20 | | related to or in furtherance of the criminal
activities of an | 21 | | organized gang or was motivated by the minor's membership in
or | 22 | | allegiance to an organized gang, or (b) involved a violation of
| 23 | | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | 24 | | or the Criminal Code of 2012, a violation of
any
Section of | 25 | | Article 24 of the Criminal Code of 1961 or the Criminal Code of | 26 | | 2012, or a violation of any
statute that involved the wrongful |
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| 1 | | use of a firearm. If the court determines
the question in the | 2 | | affirmative,
and the court does not commit the minor to the | 3 | | Department of Juvenile Justice, the court shall order the minor | 4 | | to perform community service
for not less than 30 hours nor | 5 | | more than 120 hours, provided that community
service is | 6 | | available in the jurisdiction and is funded and approved by the
| 7 | | county board of the county where the offense was committed. The | 8 | | community
service shall include, but need not be limited to, | 9 | | the cleanup and repair of
any damage caused by a violation of | 10 | | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | 11 | | Code of 2012
and similar damage to property located in the | 12 | | municipality or county in which
the violation occurred. When | 13 | | possible and reasonable, the community service
shall be | 14 | | performed in the minor's neighborhood. This order shall be in
| 15 | | addition to any other order authorized by this Section
except | 16 | | for an order to place the minor in the custody of the | 17 | | Department of
Juvenile Justice. For the purposes of this | 18 | | Section, "organized
gang" has the meaning ascribed to it in | 19 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 20 | | Prevention Act.
| 21 | | (11) If the court determines that the offense was committed | 22 | | in furtherance of the criminal activities of an organized gang, | 23 | | as provided in subsection (10), and that the offense involved | 24 | | the operation or use of a motor vehicle or the use of a | 25 | | driver's license or permit, the court shall notify the | 26 | | Secretary of State of that determination and of the period for |
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| 1 | | which the minor shall be denied driving privileges. If, at the | 2 | | time of the determination, the minor does not hold a driver's | 3 | | license or permit, the court shall provide that the minor shall | 4 | | not be issued a driver's license or permit until his or her | 5 | | 18th birthday. If the minor holds a driver's license or permit | 6 | | at the time of the determination, the court shall provide that | 7 | | the minor's driver's license or permit shall be revoked until | 8 | | his or her 21st birthday, or until a later date or occurrence | 9 | | determined by the court. If the minor holds a driver's license | 10 | | at the time of the determination, the court may direct the | 11 | | Secretary of State to issue the minor a judicial driving | 12 | | permit, also known as a JDP. The JDP shall be subject to the | 13 | | same terms as a JDP issued under Section 6-206.1 of the | 14 | | Illinois Vehicle Code, except that the court may direct that | 15 | | the JDP be effective immediately.
| 16 | | (12) If a minor is found to be guilty of a violation of
| 17 | | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 18 | | by Minors Act, the
court may, in its discretion, and upon
| 19 | | recommendation by the State's Attorney, order that minor and | 20 | | his or her parents
or legal
guardian to attend a smoker's | 21 | | education or youth diversion program as defined
in that Act if | 22 | | that
program is available in the jurisdiction where the | 23 | | offender resides.
Attendance at a smoker's education or youth | 24 | | diversion program
shall be time-credited against any community | 25 | | service time imposed for any
first violation of subsection | 26 | | (a-7) of Section 1 of that Act. In addition to any
other
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| 1 | | penalty
that the court may impose for a violation of subsection | 2 | | (a-7) of Section 1 of
that Act, the
court, upon request by the | 3 | | State's Attorney, may in its discretion
require
the offender to | 4 | | remit a fee for his or her attendance at a smoker's
education | 5 | | or
youth diversion program.
| 6 | | For purposes of this Section, "smoker's education program" | 7 | | or "youth
diversion program" includes, but is not limited to, a | 8 | | seminar designed to
educate a person on the physical and | 9 | | psychological effects of smoking tobacco
products and the | 10 | | health consequences of smoking tobacco products that can be
| 11 | | conducted with a locality's youth diversion program.
| 12 | | In addition to any other penalty that the court may impose | 13 | | under this
subsection
(12):
| 14 | | (a) If a minor violates subsection (a-7) of Section 1 | 15 | | of the Prevention of
Tobacco Use by Minors Act, the court | 16 | | may
impose a sentence of 15 hours of
community service or a | 17 | | fine of $25 for a first violation.
| 18 | | (b) A second violation by a minor of subsection (a-7) | 19 | | of Section 1 of that Act
that occurs
within 12 months after | 20 | | the first violation is punishable by a fine of $50 and
25
| 21 | | hours of community service.
| 22 | | (c) A third or subsequent violation by a minor of | 23 | | subsection (a-7) of Section
1 of that Act
that
occurs | 24 | | within 12 months after the first violation is punishable by | 25 | | a $100
fine
and 30 hours of community service.
| 26 | | (d) Any second or subsequent violation not within the |
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| 1 | | 12-month time period
after the first violation is | 2 | | punishable as provided for a first violation.
| 3 | | (Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, | 4 | | eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; | 5 | | 100-759, eff. 1-1-19 .)
| 6 | | (705 ILCS 405/5-750)
| 7 | | Sec. 5-750. Commitment to the Department of Juvenile | 8 | | Justice. | 9 | | (1) Except as provided in subsection (2) of this Section, | 10 | | when any
delinquent has been adjudged a ward of the court under | 11 | | this Act, the court may
commit him or her to the Department of | 12 | | Juvenile Justice, if it
finds
that (a) his or her parents, | 13 | | guardian or legal custodian are unfit or are
unable, for
some | 14 | | reason other than financial circumstances alone, to care for, | 15 | | protect,
train or discipline the minor, or are unwilling to do | 16 | | so,
and the best interests of the minor and
the public will not | 17 | | be served by placement under Section 5-740,
or it is
necessary | 18 | | to ensure the protection of the public from the consequences of
| 19 | | criminal activity of the delinquent; and (b)
commitment to the | 20 | | Department of Juvenile Justice is the least
restrictive | 21 | | alternative based on evidence that efforts were
made to locate | 22 | | less restrictive alternatives to secure
confinement and the | 23 | | reasons why efforts were unsuccessful in
locating a less | 24 | | restrictive alternative to secure confinement. Before the | 25 | | court commits a minor to the Department of Juvenile Justice, it |
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| 1 | | shall make a finding that secure confinement is necessary,
| 2 | | following a review of the following individualized factors: | 3 | | (A) Age of the minor. | 4 | | (B) Criminal background of the minor. | 5 | | (C) Review of results of any assessments of the minor,
| 6 | | including child centered assessments such as the CANS. | 7 | | (D) Educational background of the minor, indicating
| 8 | | whether the minor has ever been assessed for a learning
| 9 | | disability, and if so what services were provided as well | 10 | | as any disciplinary incidents at school. | 11 | | (E) Physical, mental and emotional health of the minor,
| 12 | | indicating whether the minor has ever been diagnosed with a
| 13 | | health issue and if so what services were provided and | 14 | | whether the minor was compliant with services. | 15 | | (F) Community based services that have been provided to
| 16 | | the minor, and whether the minor was compliant with the | 17 | | services, and the reason the services were unsuccessful. | 18 | | (G) Services within the Department of Juvenile Justice
| 19 | | that will meet the individualized needs of the minor.
| 20 | | (1.5) Before the court commits a minor to the Department of | 21 | | Juvenile Justice, the court must find reasonable efforts have | 22 | | been made to prevent or eliminate the need for the minor to be | 23 | | removed from the home, or reasonable efforts cannot, at this | 24 | | time, for good cause, prevent or eliminate the need for | 25 | | removal, and removal from home is in the best interests of the | 26 | | minor, the minor's family, and the public. |
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| 1 | | (2) When a minor of the age of at least 13 years is | 2 | | adjudged delinquent
for the offense of first degree murder, the | 3 | | court shall declare the minor a
ward of the court and order the | 4 | | minor committed to the Department of
Juvenile Justice until the | 5 | | minor's 21st birthday, without the
possibility of aftercare | 6 | | release, furlough, or non-emergency authorized absence for a
| 7 | | period of 5 years from the date the minor was committed to the | 8 | | Department of
Juvenile Justice, except that the time that a | 9 | | minor spent in custody for the instant
offense before being | 10 | | committed to the Department of Juvenile Justice shall be | 11 | | considered as time
credited towards that 5 year period. Upon | 12 | | release from a Department facility, a minor adjudged delinquent | 13 | | for first degree murder shall be placed on aftercare release | 14 | | until the age of 21, unless sooner discharged from aftercare | 15 | | release or custodianship is otherwise terminated in accordance | 16 | | with this Act or as otherwise provided for by law. Nothing in | 17 | | this subsection (2) shall
preclude the State's Attorney from | 18 | | seeking to prosecute a minor as an adult as
an alternative to | 19 | | proceeding under this Act.
| 20 | | (3) Except as provided in subsection (2), the commitment of | 21 | | a
delinquent to the Department of Juvenile Justice shall be for | 22 | | an indeterminate term
which shall automatically terminate upon | 23 | | the delinquent attaining the age of 21
years or upon completion | 24 | | of that period for which an adult could be committed for the | 25 | | same act, whichever occurs sooner, unless the delinquent is | 26 | | sooner discharged from aftercare release or custodianship
is |
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| 1 | | otherwise terminated in accordance with this Act or as | 2 | | otherwise provided
for by law.
| 3 | | (3.5) Every delinquent minor committed to the Department of | 4 | | Juvenile Justice under this Act shall be eligible for aftercare | 5 | | release without regard to the length of time the minor has been | 6 | | confined or whether the minor has served any minimum term | 7 | | imposed. Aftercare release shall be administered by the | 8 | | Department of Juvenile Justice, under the direction of the | 9 | | Director. Unless sooner discharged, the Department of Juvenile | 10 | | Justice shall discharge a minor from aftercare release upon | 11 | | completion of the following aftercare release terms: | 12 | | (a) One and a half years from the date a minor is | 13 | | released from a Department facility, if the minor was | 14 | | committed for a Class X felony; | 15 | | (b) One year from the date a minor is released from a | 16 | | Department facility, if the minor was committed for a Class | 17 | | 1 or 2 felony; and | 18 | | (c) Six months from the date a minor is released from a | 19 | | Department facility, if the minor was committed for a Class | 20 | | 3 felony or lesser offense. | 21 | | (4) When the court commits a minor to the Department of | 22 | | Juvenile Justice, it
shall order him or her conveyed forthwith | 23 | | to the appropriate reception station
or
other place designated | 24 | | by the Department of Juvenile Justice, and shall appoint the
| 25 | | Director of Juvenile Justice legal custodian of the
minor. The | 26 | | clerk of the court shall issue to the
Director of Juvenile |
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| 1 | | Justice a certified copy of the order,
which constitutes proof | 2 | | of the Director's authority. No other process need
issue to
| 3 | | warrant the keeping of the minor.
| 4 | | (5) If a minor is committed to the Department of Juvenile | 5 | | Justice, the clerk of the court shall forward to the | 6 | | Department:
| 7 | | (a) the sentencing order and copies of committing | 8 | | petition;
| 9 | | (b) all reports;
| 10 | | (c) the court's statement of the basis for ordering the | 11 | | disposition;
| 12 | | (d) any sex offender evaluations; | 13 | | (e) any risk assessment or substance abuse treatment | 14 | | eligibility screening and assessment of the minor by an | 15 | | agent designated by the State to provide assessment | 16 | | services for the courts; | 17 | | (f) the number of days, if any, which the minor has | 18 | | been in custody and for which he or she is entitled to | 19 | | credit against the sentence, which information shall be | 20 | | provided to the clerk by the sheriff; | 21 | | (g) any medical or mental health records or summaries | 22 | | of the minor; | 23 | | (h) the municipality where the arrest of the minor | 24 | | occurred, the commission of the offense occurred, and the | 25 | | minor resided at the time of commission; | 26 | | (h-5) a report detailing the minor's criminal history |
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| 1 | | in a manner and form prescribed by the Department of | 2 | | Juvenile Justice; and | 3 | | (i) all additional matters which the court directs the | 4 | | clerk to transmit.
| 5 | | (6) Whenever the Department of Juvenile Justice lawfully | 6 | | discharges from its
custody and
control a minor committed to | 7 | | it, the Director of Juvenile Justice shall petition the court | 8 | | for an order terminating his or her
custodianship. The | 9 | | custodianship shall terminate automatically 30 days after
| 10 | | receipt of the petition unless the court orders otherwise.
| 11 | | (7) If, while on aftercare release, a minor committed to | 12 | | the Department of Juvenile Justice who resides in this State is | 13 | | charged under the criminal laws of this State , the criminal | 14 | | laws of any other state, or federal law with an offense that | 15 | | could result in a sentence of imprisonment within the | 16 | | Department of Corrections, the penal system of any state, or | 17 | | the federal Bureau of Prisons, the commitment to the Department | 18 | | of Juvenile Justice and all rights and duties created by that | 19 | | commitment are automatically suspended pending final | 20 | | disposition of the criminal charge. If the minor is found | 21 | | guilty of the criminal charge and sentenced to a term of | 22 | | imprisonment in the penitentiary system of the Department of | 23 | | Corrections, the penal system of any state, or the federal | 24 | | Bureau of Prisons, the commitment to the Department of Juvenile | 25 | | Justice shall be automatically terminated. If the criminal | 26 | | charge is dismissed, the minor is found not guilty, or the |
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| 1 | | minor completes a criminal sentence other than imprisonment | 2 | | within the Department of Corrections, the penal system of any | 3 | | state, or the federal Bureau of Prisons, the previously imposed | 4 | | commitment to the Department of Juvenile Justice and the full | 5 | | aftercare release term shall be automatically reinstated | 6 | | unless custodianship is sooner terminated. Nothing in this | 7 | | subsection (7) shall preclude the court from ordering another | 8 | | sentence under Section 5-710 of this Act or from terminating | 9 | | the Department's custodianship while the commitment to the | 10 | | Department is suspended. | 11 | | (Source: P.A. 99-268, eff. 1-1-16; 100-765, eff. 8-10-18.)
| 12 | | Section 20. The Unified Code of Corrections is amended by | 13 | | changing Section 3-2.5-61 as follows: | 14 | | (730 ILCS 5/3-2.5-61) | 15 | | Sec. 3-2.5-61. Annual and other reports. | 16 | | (a) The Director shall make an annual electronic report to | 17 | | the Governor and General Assembly concerning persons committed | 18 | | to the Department, its institutions, facilities, and programs, | 19 | | of all moneys expended and received, and on what accounts | 20 | | expended and received no later than January 1 of each year. The | 21 | | report shall include the ethnic and racial background data, not | 22 | | identifiable to an individual, of all persons committed to the | 23 | | Department, its institutions, facilities, programs, and | 24 | | outcome measures established with the Juvenile Advisory Board. |
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| 1 | | (b) The Department of Juvenile Justice shall, by January 1, | 2 | | April 1, July 1, and October 1 of each year, electronically | 3 | | transmit to the Governor and General Assembly, a report which | 4 | | shall include the following information: | 5 | | (1) the number of youth in each of the Department's | 6 | | facilities and the number of youth on aftercare; | 7 | | (2) the demographics of sex, age, race and ethnicity, | 8 | | classification of offense, and geographic location where | 9 | | the offense occurred; | 10 | | (3) the educational and vocational programs provided | 11 | | at each facility and the number of residents participating | 12 | | in each program; | 13 | | (4) the present capacity levels in each facility; | 14 | | (5) staff-to-youth ratios in accordance with the the | 15 | | ratio of the security staff to residents in each facility | 16 | | by federal Prison Rape Elimination Act (PREA) definitions; | 17 | | (6) the number of reported assaults on staff at each | 18 | | facility; | 19 | | (7) the number of reported incidents of youth sexual | 20 | | aggression towards staff at each facility including sexual | 21 | | assault, residents exposing themselves, sexual touching, | 22 | | and sexually offensive harassing language such as repeated | 23 | | and unwelcome sexual advances, requests for sexual favors, | 24 | | or verbal comments, gestures, or actions of a derogatory or | 25 | | offensive sexual nature; and | 26 | | (8) the number of staff injuries resulting from youth |
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| 1 | | violence at each facility including descriptions of the | 2 | | nature and location of the injuries, the number of staff | 3 | | injuries requiring medical treatment at the facility, the | 4 | | number of staff injuries requiring outside medical | 5 | | treatment and the number of days off work per injury. For | 6 | | purposes of this Section, the definition of assault on | 7 | | staff includes, but is not limited to, kicking, punching, | 8 | | knocking down, harming or threatening to harm with | 9 | | improvised weapons, or throwing urine or feces at staff. | 10 | | (c) The requirements in subsection (b) do not relieve the | 11 | | Department from the recordkeeping requirements of the | 12 | | Occupational Safety and Health Act. | 13 | | (d) The Department shall: | 14 | | (1) establish a reasonable procedure for employees to | 15 | | report work-related assaults and injuries. A procedure is | 16 | | not reasonable if it would deter or discourage a reasonable | 17 | | employee from accurately reporting a workplace assault or | 18 | | injury; | 19 | | (2) inform each employee: | 20 | | (A) of the procedure for reporting work-related | 21 | | assaults and injuries; | 22 | | (B) of the right to report work-related assaults | 23 | | and injuries; and | 24 | | (C) that the Department is prohibited from | 25 | | discharging or in any manner discriminating against | 26 | | employees for reporting work-related assaults and |
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| 1 | | injuries; and | 2 | | (3) not discharge, discipline or in any manner | 3 | | discriminate against any employee for reporting a | 4 | | work-related assault or injury.
| 5 | | (e) For the purposes of paragraphs (7) and (8) of | 6 | | subsection (b) only, reports shall be filed beginning July 1, | 7 | | 2019 or the implementation of the Department's Offender 360 | 8 | | Program, whichever occurs first. | 9 | | (Source: P.A. 99-255, eff. 1-1-16; 100-1075, eff. 1-1-19 .)
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