Illinois General Assembly - Full Text of HB3447
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Full Text of HB3447  102nd General Assembly

HB3447eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3447 EngrossedLRB102 13836 RLC 19187 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement, sealing, and immediate sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

HB3447 Engrossed- 2 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 3 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 4 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 5 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 6 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 7 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 8 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 9 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 10 -LRB102 13836 RLC 19187 b

1    misdemeanor diversion under Section 5-6-3.7 of the Unified
2    Code of Corrections, and the diversion program was
3    successfully completed by the petitioner; (vi) a
4    conviction pursuant to subsection (a-5) of Section 402 of
5    the Illinois Controlled Substances Act; (vii) a conviction
6    pursuant to paragraph (1) of subsection (b) of Section 60
7    of the Methamphetamine Control and Community Protection
8    Act; or (viii) a conviction where the statutory penalty
9    changed as a result of a resentencing hearing pursuant to
10    Section 116-2.2 of the Code of Criminal Procedure of 1963.
11        (1.5) When a petitioner seeks to have a record of
12    arrest expunged under this Section, and the offender has
13    been convicted of a criminal offense, the State's Attorney
14    may object to the expungement on the grounds that the
15    records contain specific relevant information aside from
16    the mere fact of the arrest.
17        (2) Time frame for filing a petition to expunge.
18            (A) When the arrest or charge not initiated by
19        arrest sought to be expunged resulted in an acquittal,
20        dismissal, the petitioner's release without charging,
21        or the reversal or vacation of a conviction, there is
22        no waiting period to petition for the expungement of
23        such records.
24            (B) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an order of
26        supervision, successfully completed by the petitioner,

 

 

HB3447 Engrossed- 11 -LRB102 13836 RLC 19187 b

1        the following time frames will apply:
2                (i) Those arrests or charges that resulted in
3            orders of supervision under Section 3-707, 3-708,
4            3-710, or 5-401.3 of the Illinois Vehicle Code or
5            a similar provision of a local ordinance, or under
6            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
7            Code of 1961 or the Criminal Code of 2012, or a
8            similar provision of a local ordinance, shall not
9            be eligible for expungement until 5 years have
10            passed following the satisfactory termination of
11            the supervision.
12                (i-5) Those arrests or charges that resulted
13            in orders of supervision for a misdemeanor
14            violation of subsection (a) of Section 11-503 of
15            the Illinois Vehicle Code or a similar provision
16            of a local ordinance, that occurred prior to the
17            offender reaching the age of 25 years and the
18            offender has no other conviction for violating
19            Section 11-501 or 11-503 of the Illinois Vehicle
20            Code or a similar provision of a local ordinance
21            shall not be eligible for expungement until the
22            petitioner has reached the age of 25 years.
23                (ii) Those arrests or charges that resulted in
24            orders of supervision for any other offenses shall
25            not be eligible for expungement until 2 years have
26            passed following the satisfactory termination of

 

 

HB3447 Engrossed- 12 -LRB102 13836 RLC 19187 b

1            the supervision.
2            (C) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an order of
4        qualified probation, successfully completed by the
5        petitioner, such records shall not be eligible for
6        expungement until 5 years have passed following the
7        satisfactory termination of the probation.
8            (D) When the arrest or charge not initiated by
9        arrest sought to be expunged, pursuant to subparagraph
10        (viii) of paragraph (1) of this subsection (b)
11        resulted in a sentence of probation, successfully
12        completed by the petitioner, or incarceration in an
13        Illinois county jail or in the Illinois Department of
14        Corrections, such records shall not be eligible for
15        expungement until 5 years have passed following the
16        satisfactory termination of probation.
17            (E) When the arrest or charge not initiated by
18        arrest sought to be expunged pursuant to subparagraph
19        (vi) or (vii) of paragraph (1) of this subsection (b)
20        resulted in a sentence of incarceration in an Illinois
21        county jail, such records shall not be eligible for
22        expungement until 5 years have passed following the
23        completion of the sentence.
24        (3) Those records maintained by the Department for
25    persons arrested prior to their 17th birthday shall be
26    expunged as provided in Section 5-915 of the Juvenile

 

 

HB3447 Engrossed- 13 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 14 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 15 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 16 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 17 -LRB102 13836 RLC 19187 b

1        Act, or Section 5-6-3.3 of the Unified Code of
2        Corrections; and
3            (F) Arrests or charges not initiated by arrest
4        resulting in felony convictions unless otherwise
5        excluded by subsection (a) paragraph (3) of this
6        Section.
7            (G) Arrests or charges not initiated by arrest
8        resulting in orders of misdemeanor diversion under
9        Section 5-6-3.7 of the Unified Code of Corrections,
10        successfully completed by the petitioner.
11            (H) Arrests or charges not initiated by arrest
12        resulting in probation, pursuant to subparagraph
13        (viii) of paragraph (1) of subsection (b),
14        successfully completed by the petitioner, or
15        imprisonment in an Illinois County jail or in the
16        Illinois Department of Corrections; and
17            (I) Arrests or charges not initiated by arrest
18        resulting in incarceration in an Illinois county jail,
19        pursuant to subparagraphs (vi) or (vii) of paragraph
20        (1) of subsection (b), unless excluded by paragraph
21        (3) of subsection (a).
22        (3) When Records Are Eligible to Be Sealed. Records
23    identified as eligible under subsection (c)(2) may be
24    sealed as follows:
25            (A) Records identified as eligible under
26        subsection (c)(2)(A) and (c)(2)(B) may be sealed at

 

 

HB3447 Engrossed- 18 -LRB102 13836 RLC 19187 b

1        any time.
2            (B) Except as otherwise provided in subparagraph
3        (E) of this paragraph (3), records identified as
4        eligible under subsection (c)(2)(C) may be sealed 2
5        years after the termination of petitioner's last
6        sentence (as defined in subsection (a)(1)(F)).
7            (C) Except as otherwise provided in subparagraph
8        (E) of this paragraph (3), records identified as
9        eligible under subsections (c)(2)(D), (c)(2)(E), and
10        (c)(2)(F), (c)(2)(H), and (c)(2)(I) may be sealed 3
11        years after the termination of the petitioner's last
12        sentence (as defined in subsection (a)(1)(F)).
13        Convictions requiring public registration under the
14        Arsonist Registration Act, the Sex Offender
15        Registration Act, or the Murderer and Violent Offender
16        Against Youth Registration Act may not be sealed until
17        the petitioner is no longer required to register under
18        that relevant Act.
19            (D) Records identified in subsection
20        (a)(3)(A)(iii) may be sealed after the petitioner has
21        reached the age of 25 years.
22            (E) Records identified as eligible under
23        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
24        (c)(2)(F) may be sealed upon termination of the
25        petitioner's last sentence if the petitioner earned a
26        high school diploma, associate's degree, career

 

 

HB3447 Engrossed- 19 -LRB102 13836 RLC 19187 b

1        certificate, vocational technical certification, or
2        bachelor's degree, or passed the high school level
3        Test of General Educational Development, during the
4        period of his or her sentence or mandatory supervised
5        release. This subparagraph shall apply only to a
6        petitioner who has not completed the same educational
7        goal prior to the period of his or her sentence or
8        mandatory supervised release. If a petition for
9        sealing eligible records filed under this subparagraph
10        is denied by the court, the time periods under
11        subparagraph (B) or (C) shall apply to any subsequent
12        petition for sealing filed by the petitioner.
13        (4) Subsequent felony convictions. A person may not
14    have subsequent felony conviction records sealed as
15    provided in this subsection (c) if he or she is convicted
16    of any felony offense after the date of the sealing of
17    prior felony convictions as provided in this subsection
18    (c). The court may, upon conviction for a subsequent
19    felony offense, order the unsealing of prior felony
20    conviction records previously ordered sealed by the court.
21        (5) Notice of eligibility for sealing. Upon entry of a
22    disposition for an eligible record under this subsection
23    (c), the petitioner shall be informed by the court of the
24    right to have the records sealed and the procedures for
25    the sealing of the records.
26    (d) Procedure. The following procedures apply to

 

 

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1expungement under subsections (b), (e), and (e-6) and sealing
2under subsections (c) and (e-5):
3        (1) Filing the petition. Upon becoming eligible to
4    petition for the expungement or sealing of records under
5    this Section, the petitioner shall file a petition
6    requesting the expungement or sealing of records with the
7    clerk of the court where the arrests occurred or the
8    charges were brought, or both. If arrests occurred or
9    charges were brought in multiple jurisdictions, a petition
10    must be filed in each such jurisdiction. The petitioner
11    shall pay the applicable fee, except no fee shall be
12    required if the petitioner has obtained a court order
13    waiving fees under Supreme Court Rule 298 or it is
14    otherwise waived.
15        (1.5) County fee waiver pilot program. From August 9,
16    2019 (the effective date of Public Act 101-306) through
17    December 31, 2020, in a county of 3,000,000 or more
18    inhabitants, no fee shall be required to be paid by a
19    petitioner if the records sought to be expunged or sealed
20    were arrests resulting in release without charging or
21    arrests or charges not initiated by arrest resulting in
22    acquittal, dismissal, or conviction when the conviction
23    was reversed or vacated, unless excluded by subsection
24    (a)(3)(B). The provisions of this paragraph (1.5), other
25    than this sentence, are inoperative on and after January
26    1, 2022.

 

 

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1        (2) Contents of petition. The petition shall be
2    verified and shall contain the petitioner's name, date of
3    birth, current address and, for each arrest or charge not
4    initiated by arrest sought to be sealed or expunged, the
5    case number, the date of arrest (if any), the identity of
6    the arresting authority, and such other information as the
7    court may require. During the pendency of the proceeding,
8    the petitioner shall promptly notify the circuit court
9    clerk of any change of his or her address. If the
10    petitioner has received a certificate of eligibility for
11    sealing from the Prisoner Review Board under paragraph
12    (10) of subsection (a) of Section 3-3-2 of the Unified
13    Code of Corrections, the certificate shall be attached to
14    the petition.
15        (3) Drug test. The petitioner must attach to the
16    petition proof that the petitioner has passed a test taken
17    within 30 days before the filing of the petition showing
18    the absence within his or her body of all illegal
19    substances as defined by the Illinois Controlled
20    Substances Act, the Methamphetamine Control and Community
21    Protection Act, and the Cannabis Control Act if he or she
22    is petitioning to:
23            (A) seal felony records under clause (c)(2)(E);
24            (B) seal felony records for a violation of the
25        Illinois Controlled Substances Act, the
26        Methamphetamine Control and Community Protection Act,

 

 

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1        or the Cannabis Control Act under clause (c)(2)(F);
2            (C) seal felony records under subsection (e-5); or
3            (D) expunge felony records of a qualified
4        probation under clause (b)(1)(iv).
5        (4) Service of petition. The circuit court clerk shall
6    promptly serve a copy of the petition and documentation to
7    support the petition under subsection (e-5) or (e-6) on
8    the State's Attorney or prosecutor charged with the duty
9    of prosecuting the offense, the Department of State
10    Police, the arresting agency and the chief legal officer
11    of the unit of local government effecting the arrest.
12        (5) Objections.
13            (A) Any party entitled to notice of the petition
14        may file an objection to the petition. All objections
15        shall be in writing, shall be filed with the circuit
16        court clerk, and shall state with specificity the
17        basis of the objection. Whenever a person who has been
18        convicted of an offense is granted a pardon by the
19        Governor which specifically authorizes expungement, an
20        objection to the petition may not be filed.
21            (B) Objections to a petition to expunge or seal
22        must be filed within 60 days of the date of service of
23        the petition.
24        (6) Entry of order.
25            (A) The Chief Judge of the circuit wherein the
26        charge was brought, any judge of that circuit

 

 

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1        designated by the Chief Judge, or in counties of less
2        than 3,000,000 inhabitants, the presiding trial judge
3        at the petitioner's trial, if any, shall rule on the
4        petition to expunge or seal as set forth in this
5        subsection (d)(6).
6            (B) Unless the State's Attorney or prosecutor, the
7        Department of State Police, the arresting agency, or
8        the chief legal officer files an objection to the
9        petition to expunge or seal within 60 days from the
10        date of service of the petition, the court shall enter
11        an order granting or denying the petition.
12            (C) Notwithstanding any other provision of law,
13        the court shall not deny a petition for sealing under
14        this Section because the petitioner has not satisfied
15        an outstanding legal financial obligation established,
16        imposed, or originated by a court, law enforcement
17        agency, or a municipal, State, county, or other unit
18        of local government, including, but not limited to,
19        any cost, assessment, fine, or fee. An outstanding
20        legal financial obligation does not include any court
21        ordered restitution to a victim under Section 5-5-6 of
22        the Unified Code of Corrections, unless the
23        restitution has been converted to a civil judgment.
24        Nothing in this subparagraph (C) waives, rescinds, or
25        abrogates a legal financial obligation or otherwise
26        eliminates or affects the right of the holder of any

 

 

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1        financial obligation to pursue collection under
2        applicable federal, State, or local law.
3        (7) Hearings. If an objection is filed, the court
4    shall set a date for a hearing and notify the petitioner
5    and all parties entitled to notice of the petition of the
6    hearing date at least 30 days prior to the hearing. Prior
7    to the hearing, the State's Attorney shall consult with
8    the Department as to the appropriateness of the relief
9    sought in the petition to expunge or seal. At the hearing,
10    the court shall hear evidence on whether the petition
11    should or should not be granted, and shall grant or deny
12    the petition to expunge or seal the records based on the
13    evidence presented at the hearing. The court may consider
14    the following:
15            (A) the strength of the evidence supporting the
16        defendant's conviction;
17            (B) the reasons for retention of the conviction
18        records by the State;
19            (C) the petitioner's age, criminal record history,
20        and employment history;
21            (D) the period of time between the petitioner's
22        arrest on the charge resulting in the conviction and
23        the filing of the petition under this Section; and
24            (E) the specific adverse consequences the
25        petitioner may be subject to if the petition is
26        denied.

 

 

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1        (8) Service of order. After entering an order to
2    expunge or seal records, the court must provide copies of
3    the order to the Department, in a form and manner
4    prescribed by the Department, to the petitioner, to the
5    State's Attorney or prosecutor charged with the duty of
6    prosecuting the offense, to the arresting agency, to the
7    chief legal officer of the unit of local government
8    effecting the arrest, and to such other criminal justice
9    agencies as may be ordered by the court.
10        (9) Implementation of order.
11            (A) Upon entry of an order to expunge records
12        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
13                (i) the records shall be expunged (as defined
14            in subsection (a)(1)(E)) by the arresting agency,
15            the Department, and any other agency as ordered by
16            the court, within 60 days of the date of service of
17            the order, unless a motion to vacate, modify, or
18            reconsider the order is filed pursuant to
19            paragraph (12) of subsection (d) of this Section;
20                (ii) the records of the circuit court clerk
21            shall be impounded until further order of the
22            court 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

 

 

HB3447 Engrossed- 26 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 27 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 28 -LRB102 13836 RLC 19187 b

1            subsection (d) of this Section;
2                (ii) the records of the circuit court clerk
3            shall be impounded until further order of the
4            court upon good cause shown and the name of the
5            petitioner obliterated on the official index
6            required to be kept by the circuit court clerk
7            under Section 16 of the Clerks of Courts Act, but
8            the order shall not affect any index issued by the
9            circuit court clerk before the entry of the order;
10                (iii) the records shall be impounded by the
11            Department within 60 days of the date of service
12            of the order as ordered by the court, unless a
13            motion to vacate, modify, or reconsider the order
14            is filed under paragraph (12) of subsection (d) of
15            this Section;
16                (iv) records impounded by the Department may
17            be disseminated by the Department only as required
18            by law or to the arresting authority, the State's
19            Attorney, and the court upon a later arrest for
20            the same or a similar offense or for the purpose of
21            sentencing for any subsequent felony, and to the
22            Department of Corrections upon conviction for any
23            offense; and
24                (v) in response to an inquiry for these
25            records from anyone not authorized by law to
26            access the records, the court, the Department, or

 

 

HB3447 Engrossed- 29 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 30 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 31 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 32 -LRB102 13836 RLC 19187 b

1    service of the order, a petition to vacate, modify, or
2    reconsider shall comply with subsection (c) of Section
3    2-1401 of the Code of Civil Procedure. Upon filing of a
4    motion to vacate, modify, or reconsider, notice of the
5    motion shall be served upon the petitioner and all parties
6    entitled to notice of the petition.
7        (13) Effect of Order. An order granting a petition
8    under the expungement or sealing provisions of this
9    Section shall not be considered void because it fails to
10    comply with the provisions of this Section or because of
11    any error asserted in a motion to vacate, modify, or
12    reconsider. The circuit court retains jurisdiction to
13    determine whether the order is voidable and to vacate,
14    modify, or reconsider its terms based on a motion filed
15    under paragraph (12) of this subsection (d).
16        (14) Compliance with Order Granting Petition to Seal
17    Records. Unless a court has entered a stay of an order
18    granting a petition to seal, all parties entitled to
19    notice of the petition must fully comply with the terms of
20    the order within 60 days of service of the order even if a
21    party is seeking relief from the order through a motion
22    filed under paragraph (12) of this subsection (d) or is
23    appealing the order.
24        (15) Compliance with Order Granting Petition to
25    Expunge Records. While a party is seeking relief from the
26    order granting the petition to expunge through a motion

 

 

HB3447 Engrossed- 33 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 34 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 35 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 36 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 37 -LRB102 13836 RLC 19187 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3447 Engrossed- 46 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 47 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 48 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 49 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 50 -LRB102 13836 RLC 19187 b

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

 

 

HB3447 Engrossed- 51 -LRB102 13836 RLC 19187 b

1    in the Department of State Police, for verifying that his
2    or her records relating to Minor Cannabis Offenses of the
3    Cannabis Control Act eligible under this Section have been
4    expunged.
5        (9) No conviction vacated pursuant to this Section
6    shall serve as the basis for damages for time unjustly
7    served as provided in the Court of Claims Act.
8        (10) Effect of Expungement. A person's right to
9    expunge an expungeable offense shall not be limited under
10    this Section. The effect of an order of expungement shall
11    be to restore the person to the status he or she occupied
12    before the arrest, charge, or conviction.
13        (11) Information. The Department of State Police shall
14    post general information on its website about the
15    expungement process described in this subsection (i).
16(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
17100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
188-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
19eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
20101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
2112-4-19; 101-645, eff. 6-26-20; revised 8-18-20.)
 
22    Section 10. The Illinois Controlled Substances Act is
23amended by changing Sections 401, 402, and 408 as follows:
 
24    (720 ILCS 570/401)  (from Ch. 56 1/2, par. 1401)

 

 

HB3447 Engrossed- 52 -LRB102 13836 RLC 19187 b

1    Sec. 401. Manufacture or delivery, or possession with
2intent to manufacture or deliver, a controlled substance, a
3counterfeit substance, or controlled substance analog. Except
4as authorized by this Act, it is unlawful for any person
5knowingly to manufacture or deliver, or possess with intent to
6manufacture or deliver, a controlled substance other than
7methamphetamine and other than bath salts as defined in the
8Bath Salts Prohibition Act sold or offered for sale in a retail
9mercantile establishment as defined in Section 16-0.1 of the
10Criminal Code of 2012, a counterfeit substance, or a
11controlled substance analog. A violation of this Act with
12respect to each of the controlled substances listed herein
13constitutes a single and separate violation of this Act. For
14purposes of this Section, "controlled substance analog" or
15"analog" means a substance, other than a controlled substance,
16which is not approved by the United States Food and Drug
17Administration or, if approved, is not dispensed or possessed
18in accordance with State or federal law, and that has a
19chemical structure substantially similar to that of a
20controlled substance in Schedule I or II, or that was
21specifically designed to produce an effect substantially
22similar to that of a controlled substance in Schedule I or II.
23Examples of chemical classes in which controlled substance
24analogs are found include, but are not limited to, the
25following: phenethylamines, N-substituted piperidines,
26morphinans, ecgonines, quinazolinones, substituted indoles,

 

 

HB3447 Engrossed- 53 -LRB102 13836 RLC 19187 b

1and arylcycloalkylamines. For purposes of this Act, a
2controlled substance analog shall be treated in the same
3manner as the controlled substance to which it is
4substantially similar.
5    (a) Any person who violates this Section with respect to
6the following amounts of controlled or counterfeit substances
7or controlled substance analogs, notwithstanding any of the
8provisions of subsections (c), (d), (e), (f), (g) or (h) to the
9contrary, is guilty of a Class X felony and shall be sentenced
10to a term of imprisonment as provided in this subsection (a)
11and fined as provided in subsection (b):
12        (1)(A) not less than 6 years and not more than 30 years
13    with respect to 15 grams or more but less than 100 grams of
14    a substance containing heroin, or an analog thereof;
15        (B) not less than 9 years and not more than 40 years
16    with respect to 100 grams or more but less than 400 grams
17    of a substance containing heroin, or an analog thereof;
18        (C) not less than 12 years and not more than 50 years
19    with respect to 400 grams or more but less than 900 grams
20    of a substance containing heroin, or an analog thereof;
21        (D) not less than 15 years and not more than 60 years
22    with respect to 900 grams or more of any substance
23    containing heroin, or an analog thereof;
24        (1.5)(A) not less than 6 years and not more than 30
25    years with respect to 15 grams or more but less than 100
26    grams of a substance containing fentanyl, or an analog

 

 

HB3447 Engrossed- 54 -LRB102 13836 RLC 19187 b

1    thereof;
2        (B) not less than 9 years and not more than 40 years
3    with respect to 100 grams or more but less than 400 grams
4    of a substance containing fentanyl, or an analog thereof;
5        (C) not less than 12 years and not more than 50 years
6    with respect to 400 grams or more but less than 900 grams
7    of a substance containing fentanyl, or an analog thereof;
8        (D) not less than 15 years and not more than 60 years
9    with respect to 900 grams or more of a substance
10    containing fentanyl, or an analog thereof;
11        (2)(A) not less than 6 years and not more than 30 years
12    with respect to 15 grams or more but less than 100 grams of
13    a substance containing cocaine, or an analog thereof;
14        (B) not less than 9 years and not more than 40 years
15    with respect to 100 grams or more but less than 400 grams
16    of a substance containing cocaine, or an analog thereof;
17        (C) not less than 12 years and not more than 50 years
18    with respect to 400 grams or more but less than 900 grams
19    of a substance containing cocaine, or an analog thereof;
20        (D) not less than 15 years and not more than 60 years
21    with respect to 900 grams or more of any substance
22    containing cocaine, or an analog thereof;
23        (3)(A) not less than 6 years and not more than 30 years
24    with respect to 15 grams or more but less than 100 grams of
25    a substance containing morphine, or an analog thereof;
26        (B) not less than 9 years and not more than 40 years

 

 

HB3447 Engrossed- 55 -LRB102 13836 RLC 19187 b

1    with respect to 100 grams or more but less than 400 grams
2    of a substance containing morphine, or an analog thereof;
3        (C) not less than 12 years and not more than 50 years
4    with respect to 400 grams or more but less than 900 grams
5    of a substance containing morphine, or an analog thereof;
6        (D) not less than 15 years and not more than 60 years
7    with respect to 900 grams or more of a substance
8    containing morphine, or an analog thereof;
9        (4) 200 grams or more of any substance containing
10    peyote, or an analog thereof;
11        (5) 200 grams or more of any substance containing a
12    derivative of barbituric acid or any of the salts of a
13    derivative of barbituric acid, or an analog thereof;
14        (6) 200 grams or more of any substance containing
15    amphetamine or any salt of an optical isomer of
16    amphetamine, or an analog thereof;
17        (6.5) (blank);
18        (6.6) (blank);
19        (7)(A) not less than 6 years and not more than 30 years
20    with respect to: (i) 15 grams or more but less than 100
21    grams of a substance containing lysergic acid diethylamide
22    (LSD), or an analog thereof, or (ii) 15 or more objects or
23    15 or more segregated parts of an object or objects but
24    less than 200 objects or 200 segregated parts of an object
25    or objects containing in them or having upon them any
26    amounts of any substance containing lysergic acid

 

 

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1    diethylamide (LSD), or an analog thereof;
2        (B) not less than 9 years and not more than 40 years
3    with respect to: (i) 100 grams or more but less than 400
4    grams of a substance containing lysergic acid diethylamide
5    (LSD), or an analog thereof, or (ii) 200 or more objects or
6    200 or more segregated parts of an object or objects but
7    less than 600 objects or less than 600 segregated parts of
8    an object or objects containing in them or having upon
9    them any amount of any substance containing lysergic acid
10    diethylamide (LSD), or an analog thereof;
11        (C) not less than 12 years and not more than 50 years
12    with respect to: (i) 400 grams or more but less than 900
13    grams of a substance containing lysergic acid diethylamide
14    (LSD), or an analog thereof, or (ii) 600 or more objects or
15    600 or more segregated parts of an object or objects but
16    less than 1500 objects or 1500 segregated parts of an
17    object or objects containing in them or having upon them
18    any amount of any substance containing lysergic acid
19    diethylamide (LSD), or an analog thereof;
20        (D) not less than 15 years and not more than 60 years
21    with respect to: (i) 900 grams or more of any substance
22    containing lysergic acid diethylamide (LSD), or an analog
23    thereof, or (ii) 1500 or more objects or 1500 or more
24    segregated parts of an object or objects containing in
25    them or having upon them any amount of a substance
26    containing lysergic acid diethylamide (LSD), or an analog

 

 

HB3447 Engrossed- 57 -LRB102 13836 RLC 19187 b

1    thereof;
2    (7.5)(A) not less than 6 years and not more than 30 years
3    with respect to: (i) 15 grams or more but less than 100
4    grams of a substance listed in paragraph (1), (2), (2.1),
5    (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
6    (26) of subsection (d) of Section 204, or an analog or
7    derivative thereof, or (ii) 15 or more pills, tablets,
8    caplets, capsules, or objects but less than 200 pills,
9    tablets, caplets, capsules, or objects containing in them
10    or having upon them any amounts of any substance listed in
11    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
12    (20.1), (21), (25), or (26) of subsection (d) of Section
13    204, or an analog or derivative thereof;
14        (B) not less than 9 years and not more than 40 years
15    with respect to: (i) 100 grams or more but less than 400
16    grams of a substance listed in paragraph (1), (2), (2.1),
17    (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
18    (26) of subsection (d) of Section 204, or an analog or
19    derivative thereof, or (ii) 200 or more pills, tablets,
20    caplets, capsules, or objects but less than 600 pills,
21    tablets, caplets, capsules, or objects containing in them
22    or having upon them any amount of any substance listed in
23    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
24    (20.1), (21), (25), or (26) of subsection (d) of Section
25    204, or an analog or derivative thereof;
26        (C) not less than 12 years and not more than 50 years

 

 

HB3447 Engrossed- 58 -LRB102 13836 RLC 19187 b

1    with respect to: (i) 400 grams or more but less than 900
2    grams of a substance listed in paragraph (1), (2), (2.1),
3    (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
4    (26) of subsection (d) of Section 204, or an analog or
5    derivative thereof, or (ii) 600 or more pills, tablets,
6    caplets, capsules, or objects but less than 1,500 pills,
7    tablets, caplets, capsules, or objects containing in them
8    or having upon them any amount of any substance listed in
9    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
10    (20.1), (21), (25), or (26) of subsection (d) of Section
11    204, or an analog or derivative thereof;
12        (D) not less than 15 years and not more than 60 years
13    with respect to: (i) 900 grams or more of any substance
14    listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
15    (19), (20), (20.1), (21), (25), or (26) of subsection (d)
16    of Section 204, or an analog or derivative thereof, or
17    (ii) 1,500 or more pills, tablets, caplets, capsules, or
18    objects containing in them or having upon them any amount
19    of a substance listed in paragraph (1), (2), (2.1), (2.2),
20    (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
21    subsection (d) of Section 204, or an analog or derivative
22    thereof;
23        (8) 30 grams or more of any substance containing
24    pentazocine or any of the salts, isomers and salts of
25    isomers of pentazocine, or an analog thereof;
26        (9) 30 grams or more of any substance containing

 

 

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1    methaqualone or any of the salts, isomers and salts of
2    isomers of methaqualone, or an analog thereof;
3        (10) 30 grams or more of any substance containing
4    phencyclidine or any of the salts, isomers and salts of
5    isomers of phencyclidine (PCP), or an analog thereof;
6        (10.5) 30 grams or more of any substance containing
7    ketamine or any of the salts, isomers and salts of isomers
8    of ketamine, or an analog thereof;
9        (10.6) 100 grams or more of any substance containing
10    hydrocodone, or any of the salts, isomers and salts of
11    isomers of hydrocodone, or an analog thereof;
12        (10.7) (blank);
13        (10.8) 100 grams or more of any substance containing
14    dihydrocodeine, or any of the salts, isomers and salts of
15    isomers of dihydrocodeine, or an analog thereof;
16        (10.9) 100 grams or more of any substance containing
17    oxycodone, or any of the salts, isomers and salts of
18    isomers of oxycodone, or an analog thereof;
19        (11) 200 grams or more of any substance containing any
20    other controlled substance classified in Schedules I or
21    II, or an analog thereof, which is not otherwise included
22    in this subsection.
23    (b) Any person sentenced with respect to violations of
24paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
25involving 100 grams or more of the controlled substance named
26therein, may in addition to the penalties provided therein, be

 

 

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1fined an amount not more than $500,000 or the full street value
2of the controlled or counterfeit substance or controlled
3substance analog, whichever is greater. The term "street
4value" shall have the meaning ascribed in Section 110-5 of the
5Code of Criminal Procedure of 1963. Any person sentenced with
6respect to any other provision of subsection (a), may in
7addition to the penalties provided therein, be fined an amount
8not to exceed $500,000.
9    (b-1) Excluding violations of this Act when the controlled
10substance is fentanyl, any person sentenced to a term of
11imprisonment with respect to violations of Section 401, 401.1,
12405, 405.1, 405.2, or 407, when the substance containing the
13controlled substance contains any amount of fentanyl, 3 years
14shall be added to the term of imprisonment imposed by the
15court, and the maximum sentence for the offense shall be
16increased by 3 years.
17    (c) Any person who violates this Section with regard to
18the following amounts of controlled or counterfeit substances
19or controlled substance analogs, notwithstanding any of the
20provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
21to the contrary, is guilty of a Class 1 felony. The fine for
22violation of this subsection (c) shall not be more than
23$250,000:
24        (1) 3 grams 1 gram or more but less than 15 grams of
25    any substance containing heroin, or an analog thereof;
26        (1.5) 3 grams 1 gram or more but less than 15 grams of

 

 

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1    any substance containing fentanyl, or an analog thereof;
2        (2) 5 grams 1 gram or more but less than 15 grams of
3    any substance containing cocaine, or an analog thereof;
4        (3) 4 10 grams or more but less than 15 grams of any
5    substance containing morphine, or an analog thereof;
6        (4) 50 grams or more but less than 200 grams of any
7    substance containing peyote, or an analog thereof;
8        (5) 50 grams or more but less than 200 grams of any
9    substance containing a derivative of barbituric acid or
10    any of the salts of a derivative of barbituric acid, or an
11    analog thereof;
12        (6) 50 grams or more but less than 200 grams of any
13    substance containing amphetamine or any salt of an optical
14    isomer of amphetamine, or an analog thereof;
15        (6.5) (blank);
16        (7)(i) one gram 5 grams or more but less than 15 grams
17    of any substance containing lysergic acid diethylamide
18    (LSD), or an analog thereof, or (ii) more than 40 10
19    objects or more than 40 10 segregated parts of an object or
20    objects but less than 100 15 objects or less than 100 15
21    segregated parts of an object containing in them or having
22    upon them any amount of any substance containing lysergic
23    acid diethylamide (LSD), or an analog thereof;
24        (7.5)(i) 2 5 grams or more but less than 15 grams of
25    any substance listed in paragraph (1), (2), (2.1), (2.2),
26    (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of

 

 

HB3447 Engrossed- 62 -LRB102 13836 RLC 19187 b

1    subsection (d) of Section 204, or an analog or derivative
2    thereof, or (ii) 5 or more than 10 pills, tablets,
3    caplets, capsules, or objects but less than 15 pills,
4    tablets, caplets, capsules, or objects containing in them
5    or having upon them any amount of any substance listed in
6    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
7    (20.1), (21), (25), or (26) of subsection (d) of Section
8    204, or an analog or derivative thereof;
9        (8) 10 grams or more but less than 30 grams of any
10    substance containing pentazocine or any of the salts,
11    isomers and salts of isomers of pentazocine, or an analog
12    thereof;
13        (9) 10 grams or more but less than 30 grams of any
14    substance containing methaqualone or any of the salts,
15    isomers and salts of isomers of methaqualone, or an analog
16    thereof;
17        (10) 10 grams or more but less than 30 grams of any
18    substance containing phencyclidine or any of the salts,
19    isomers and salts of isomers of phencyclidine (PCP), or an
20    analog thereof;
21        (10.5) 10 grams or more but less than 30 grams of any
22    substance containing ketamine or any of the salts, isomers
23    and salts of isomers of ketamine, or an analog thereof;
24        (10.6) 50 grams or more but less than 100 grams of any
25    substance containing hydrocodone, or any of the salts,
26    isomers and salts of isomers of hydrocodone, or an analog

 

 

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1    thereof;
2        (10.7) (blank);
3        (10.8) 50 grams or more but less than 100 grams of any
4    substance containing dihydrocodeine, or any of the salts,
5    isomers and salts of isomers of dihydrocodeine, or an
6    analog thereof;
7        (10.9) 50 grams or more but less than 100 grams of any
8    substance containing oxycodone, or any of the salts,
9    isomers and salts of isomers of oxycodone, or an analog
10    thereof;
11        (11) 50 grams or more but less than 200 grams of any
12    substance containing a substance classified in Schedules I
13    or II, or an analog thereof, which is not otherwise
14    included in this subsection.
15    (c-5) (Blank).
16    (d) Any person who violates this Section with regard to
17any other amount of a controlled or counterfeit substance
18containing dihydrocodeine or classified in Schedules I or II,
19or an analog thereof, which is (i) a narcotic drug, (ii)
20lysergic acid diethylamide (LSD) or an analog thereof, (iii)
21any substance containing amphetamine or fentanyl or any salt
22or optical isomer of amphetamine or fentanyl, or an analog
23thereof, or (iv) any substance containing N-Benzylpiperazine
24(BZP) or any salt or optical isomer of N-Benzylpiperazine
25(BZP), or an analog thereof, is guilty of a Class 2 felony. The
26fine for violation of this subsection (d) shall not be more

 

 

HB3447 Engrossed- 64 -LRB102 13836 RLC 19187 b

1than $200,000.
2    (d-5) (Blank).
3    (e) (Blank). Any person who violates this Section with
4regard to any other amount of a controlled substance other
5than methamphetamine or counterfeit substance classified in
6Schedule I or II, or an analog thereof, which substance is not
7included under subsection (d) of this Section, is guilty of a
8Class 3 felony. The fine for violation of this subsection (e)
9shall not be more than $150,000.
10    (f) (Blank). Any person who violates this Section with
11regard to any other amount of a controlled or counterfeit
12substance classified in Schedule III is guilty of a Class 3
13felony. The fine for violation of this subsection (f) shall
14not be more than $125,000.
15    (g) (Blank). Any person who violates this Section with
16regard to any other amount of a controlled or counterfeit
17substance classified in Schedule IV is guilty of a Class 3
18felony. The fine for violation of this subsection (g) shall
19not be more than $100,000.
20    (h) (Blank). Any person who violates this Section with
21regard to any other amount of a controlled or counterfeit
22substance classified in Schedule V is guilty of a Class 3
23felony. The fine for violation of this subsection (h) shall
24not be more than $75,000.
25    (i) (Blank). This Section does not apply to the
26manufacture, possession or distribution of a substance in

 

 

HB3447 Engrossed- 65 -LRB102 13836 RLC 19187 b

1conformance with the provisions of an approved new drug
2application or an exemption for investigational use within the
3meaning of Section 505 of the Federal Food, Drug and Cosmetic
4Act.
5    (j) (Blank).
6    (k) Any person who knowingly manufactures or delivers any
7other amount of a controlled or counterfeit substance
8containing dihydrocodeine or classified in Schedules I or II,
9or an analog thereof, which is (i) a narcotic drug, (ii)
10lysergic acid diethylamide (LSD) or an analog thereof, (iii)
11any substance containing amphetamine or fentanyl or any salt
12or optical isomer of amphetamine or fentanyl, or an analog
13thereof, (iv) any substance containing N-Benzylpiperazine
14(BZP) or any salt or optical isomer of N-Benzylpiperazine
15(BZP), or an analog thereof, or (v) any other substance
16classified in Schedules I through V; is guilty of a Class 4
17felony. The fine for violation of this subsection (d) shall
18not be more than $25,000.
19    (l) This Section does not apply to the manufacture,
20possession or distribution of a substance in conformance with
21the provisions of an approved new drug application or an
22exemption for investigational use within the meaning of
23Section 505 of the Federal Food, Drug and Cosmetic Act.
24(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17;
25100-368, eff. 1-1-18.)
 

 

 

HB3447 Engrossed- 66 -LRB102 13836 RLC 19187 b

1    (720 ILCS 570/402)  (from Ch. 56 1/2, par. 1402)
2    Sec. 402. Except as otherwise authorized by this Act, it
3is unlawful for any person knowingly to possess a controlled
4or counterfeit substance or controlled substance analog. A
5violation of this Act with respect to each of the controlled
6substances listed herein constitutes a single and separate
7violation of this Act. For purposes of this Section,
8"controlled substance analog" or "analog" means a substance,
9other than a controlled substance, which is not approved by
10the United States Food and Drug Administration or, if
11approved, is not dispensed or possessed in accordance with
12State or federal law, and that has a chemical structure
13substantially similar to that of a controlled substance in
14Schedule I or II, or that was specifically designed to produce
15an effect substantially similar to that of a controlled
16substance in Schedule I or II. Examples of chemical classes in
17which controlled substance analogs are found include, but are
18not limited to, the following: phenethylamines, N-substituted
19piperidines, morphinans, ecgonines, quinazolinones,
20substituted indoles, and arylcycloalkylamines. For purposes of
21this Act, a controlled substance analog shall be treated in
22the same manner as the controlled substance to which it is
23substantially similar.
24    (a) Any person who violates this Section with respect to
25the following controlled or counterfeit substances and
26amounts, notwithstanding any of the provisions of subsections

 

 

HB3447 Engrossed- 67 -LRB102 13836 RLC 19187 b

1(c) and (d) to the contrary, is guilty of a Class 1 felony and
2shall, if sentenced to a term of imprisonment, be sentenced as
3provided in this subsection (a) and fined as provided in
4subsection (b):
5        (1) (A) not less than 4 years and not more than 15
6        years with respect to 15 grams or more but less than
7        100 grams of a substance containing heroin;
8            (B) not less than 6 years and not more than 30
9        years with respect to 100 grams or more but less than
10        400 grams of a substance containing heroin;
11            (C) not less than 8 years and not more than 40
12        years with respect to 400 grams or more but less than
13        900 grams of any substance containing heroin;
14            (D) not less than 10 years and not more than 50
15        years with respect to 900 grams or more of any
16        substance containing heroin;
17        (2) (A) not less than 4 years and not more than 15
18        years with respect to 15 grams or more but less than
19        100 grams of any substance containing cocaine;
20            (B) not less than 6 years and not more than 30
21        years with respect to 100 grams or more but less than
22        400 grams of any substance containing cocaine;
23            (C) not less than 8 years and not more than 40
24        years with respect to 400 grams or more but less than
25        900 grams of any substance containing cocaine;
26            (D) not less than 10 years and not more than 50

 

 

HB3447 Engrossed- 68 -LRB102 13836 RLC 19187 b

1        years with respect to 900 grams or more of any
2        substance containing cocaine;
3        (3) (A) not less than 4 years and not more than 15
4        years with respect to 15 grams or more but less than
5        100 grams of any substance containing morphine;
6            (B) not less than 6 years and not more than 30
7        years with respect to 100 grams or more but less than
8        400 grams of any substance containing morphine;
9            (C) not less than 6 years and not more than 40
10        years with respect to 400 grams or more but less than
11        900 grams of any substance containing morphine;
12            (D) not less than 10 years and not more than 50
13        years with respect to 900 grams or more of any
14        substance containing morphine;
15        (4) 200 grams or more of any substance containing
16    peyote;
17        (5) 200 grams or more of any substance containing a
18    derivative of barbituric acid or any of the salts of a
19    derivative of barbituric acid;
20        (6) 200 grams or more of any substance containing
21    amphetamine or any salt of an optical isomer of
22    amphetamine;
23        (6.5) (blank);
24        (7) (A) not less than 4 years and not more than 15
25        years with respect to: (i) 15 grams or more but less
26        than 100 grams of any substance containing lysergic

 

 

HB3447 Engrossed- 69 -LRB102 13836 RLC 19187 b

1        acid diethylamide (LSD), or an analog thereof, or (ii)
2        100 15 or more objects or 100 15 or more segregated
3        parts of an object or objects but less than 200 objects
4        or 200 segregated parts of an object or objects
5        containing in them or having upon them any amount of
6        any substance containing lysergic acid diethylamide
7        (LSD), or an analog thereof;
8            (B) not less than 6 years and not more than 30
9        years with respect to: (i) 100 grams or more but less
10        than 400 grams of any substance containing lysergic
11        acid diethylamide (LSD), or an analog thereof, or (ii)
12        200 or more objects or 200 or more segregated parts of
13        an object or objects but less than 600 objects or less
14        than 600 segregated parts of an object or objects
15        containing in them or having upon them any amount of
16        any substance containing lysergic acid diethylamide
17        (LSD), or an analog thereof;
18            (C) not less than 8 years and not more than 40
19        years with respect to: (i) 400 grams or more but less
20        than 900 grams of any substance containing lysergic
21        acid diethylamide (LSD), or an analog thereof, or (ii)
22        600 or more objects or 600 or more segregated parts of
23        an object or objects but less than 1500 objects or 1500
24        segregated parts of an object or objects containing in
25        them or having upon them any amount of any substance
26        containing lysergic acid diethylamide (LSD), or an

 

 

HB3447 Engrossed- 70 -LRB102 13836 RLC 19187 b

1        analog thereof;
2            (D) not less than 10 years and not more than 50
3        years with respect to: (i) 900 grams or more of any
4        substance containing lysergic acid diethylamide (LSD),
5        or an analog thereof, or (ii) 1500 or more objects or
6        1500 or more segregated parts of an object or objects
7        containing in them or having upon them any amount of a
8        substance containing lysergic acid diethylamide (LSD),
9        or an analog thereof;
10        (7.5) (A) not less than 4 years and not more than 15
11        years with respect to: (i) 15 grams or more but less
12        than 100 grams of any substance listed in paragraph
13        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
14        (20.1), (21), (25), or (26) of subsection (d) of
15        Section 204, or an analog or derivative thereof, or
16        (ii) 15 or more pills, tablets, caplets, capsules, or
17        objects but less than 200 pills, tablets, caplets,
18        capsules, or objects containing in them or having upon
19        them any amount of any substance listed in paragraph
20        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
21        (20.1), (21), (25), or (26) of subsection (d) of
22        Section 204, or an analog or derivative thereof;
23            (B) not less than 6 years and not more than 30
24        years with respect to: (i) 100 grams or more but less
25        than 400 grams of any substance listed in paragraph
26        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),

 

 

HB3447 Engrossed- 71 -LRB102 13836 RLC 19187 b

1        (20.1), (21), (25), or (26) of subsection (d) of
2        Section 204, or an analog or derivative thereof, or
3        (ii) 200 or more pills, tablets, caplets, capsules, or
4        objects but less than 600 pills, tablets, caplets,
5        capsules, or objects containing in them or having upon
6        them any amount of any substance listed in paragraph
7        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
8        (20.1), (21), (25), or (26) of subsection (d) of
9        Section 204, or an analog or derivative thereof;
10            (C) not less than 8 years and not more than 40
11        years with respect to: (i) 400 grams or more but less
12        than 900 grams of any substance listed in paragraph
13        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
14        (20.1), (21), (25), or (26) of subsection (d) of
15        Section 204, or an analog or derivative thereof, or
16        (ii) 600 or more pills, tablets, caplets, capsules, or
17        objects but less than 1,500 pills, tablets, caplets,
18        capsules, or objects containing in them or having upon
19        them any amount of any substance listed in paragraph
20        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
21        (20.1), (21), (25), or (26) of subsection (d) of
22        Section 204, or an analog or derivative thereof;
23            (D) not less than 10 years and not more than 50
24        years with respect to: (i) 900 grams or more of any
25        substance listed in paragraph (1), (2), (2.1), (2.2),
26        (3), (14.1), (19), (20), (20.1), (21), (25), or (26)

 

 

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1        of subsection (d) of Section 204, or an analog or
2        derivative thereof, or (ii) 1,500 or more pills,
3        tablets, caplets, capsules, or objects containing in
4        them or having upon them any amount of a substance
5        listed in paragraph (1), (2), (2.1), (2.2), (3),
6        (14.1), (19), (20), (20.1), (21), (25), or (26) of
7        subsection (d) of Section 204, or an analog or
8        derivative thereof;
9        (8) 30 grams or more of any substance containing
10    pentazocine or any of the salts, isomers and salts of
11    isomers of pentazocine, or an analog thereof;
12        (9) 30 grams or more of any substance containing
13    methaqualone or any of the salts, isomers and salts of
14    isomers of methaqualone;
15        (10) 30 grams or more of any substance containing
16    phencyclidine or any of the salts, isomers and salts of
17    isomers of phencyclidine (PCP);
18        (10.5) 30 grams or more of any substance containing
19    ketamine or any of the salts, isomers and salts of isomers
20    of ketamine;
21        (11) 200 grams or more of any substance containing any
22    substance classified as a narcotic drug in Schedules I or
23    II, or an analog thereof, which is not otherwise included
24    in this subsection.
25    (a-1) Any person who violates this Section with regard to
26    the following controlled substances and amounts is guilty

 

 

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1    of a Class 4 felony:
2        (1) 3 grams or more but less than 15 grams of a
3    substance containing heroin;
4        (2) 3 grams or more but less than 200 grams of a
5    substance containing fentanyl;
6        (3) 5 grams or more but less than 15 grams of a
7    substance containing cocaine;
8        (4) 4 grams or more but less than 15 grams of a
9    substance containing morphine;
10        (5)(i) 1 gram or more but less than 15 grams of any
11    substance containing lysergic acid diethylamide (LSD); or
12    (ii) more than 40 objects or segregated parts of an object
13    or objects but less than 100 objects or segregated parts
14    of an object or objects containing in them or having upon
15    them any amount of a substance containing lysergic acid
16    diethylamide (LSD), or an analog thereof;
17        (6)(i) 2 grams or more but less than 15 grams of any
18    substance listed in paragraph (1), (2), (2.1), (2.2), (3),
19    (14.1), (19), (20), (20.1), (21), (25), or (26) of
20    subsection (d) of Section 204, or an analog or derivative
21    thereof; or (ii) 5 or more pills, tablets, caplets,
22    capsules, or objects containing in them or having upon
23    them any amount of any substance listed in paragraph (1),
24    (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21),
25    (25), or (26) of subsection (d) of Section 204, or an
26    analog or derivative thereof;

 

 

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1        (7) 4 grams or more but less than 30 grams of any
2    substance containing pentazocine or any of the salts,
3    isomers and salts of isomers of pentazocine, or an analog
4    thereof;
5        (8) 3 grams or more but less than 15 grams of any
6    substance containing phencyclidine or any of the salts,
7    isomers and salts of isomers of phencyclidine (PCP), or an
8    analog thereof;
9        (9) 3 grams or more but less than 30 grams of any
10    substance containing ketamine or any of the salts, isomers
11    and salts of isomers of ketamine;
12        (10)(i) 4 grams or more but less than 200 grams of a
13    substance containing hydrocodone, dihydrocodeine,
14    oxycodone, or any of the salts, isomers, and salts of
15    isomers of hydrocodone, dihydrocodeine, or oxycodone, or
16    an analog thereof; or (ii) more than 40 pills, tablets,
17    caplets, capsules, or objects but less than 100 pills,
18    tablets, capsules, or objects containing hydrocodone,
19    dihydrocodeine, oxycodone, or any of the salts, isomers,
20    and salts of isomers of hydrocodone, dihydrocodeine, or
21    oxycodone, or an analog of hydrocodone, dihydrocodeine, or
22    oxycodone.
23    The fine for a violation punishable under this subsection
24(a-1) shall not be more than $25,000.
25    (a-5) Any person who violates this Section with regard to
26the following controlled substances and amounts is guilty of a

 

 

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1Class A misdemeanor:
2        (1) less than 3 grams of a substance containing
3    heroin;
4        (2) less than 3 grams of a substance containing
5    fentanyl or an analog thereof;
6        (3) less than 5 grams of a substance containing
7    cocaine;
8        (4) less than 4 grams of a substance containing
9    morphine;
10        (5)(i) less than 1 gram of any substance containing
11    lysergic acid diethylamide (LSD); or (ii) less than 40
12    objects or segregated parts of an object or objects
13    containing in them or having upon them any amount of a
14    substance containing lysergic acid diethylamide (LSD), or
15    an analog thereof;
16        (6)(i) less than 2 grams of any substance listed in
17    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
18    (20.1), (21), (25), or (26) of subsection (d) of Section
19    204, or an analog or derivative thereof; or (ii) less than
20    5 pills, tablets, caplets, capsules, or objects containing
21    in them or having upon them any amount of any substance
22    listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
23    (19), (20), (20.1), (21), (25), or (26) of subsection (d)
24    of Section 204, or an analog or derivative thereof;
25        (7) less than 4 grams any substance containing
26    pentazocine or any of the salts, isomers and salts of

 

 

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1    isomers of pentazocine, or an analog thereof;
2        (8) less than 3 grams of any substance containing
3    phencyclidine or any of the salts, isomers and salts of
4    isomers of phencyclidine (PCP), or an analog thereof;
5        (9) less than 3 grams of any substance containing
6    ketamine or any of the salts, isomers and salts of isomers
7    of ketamine;
8        (10)(i) less than 4 grams of any substance containing
9    hydrocodone, dihydrocodeine, oxycodone, or any of the
10    salts, isomers, and salts of isomers of hydrocodone,
11    dihydrocodeine, or oxycodone, or an analog thereof; or
12    (ii) less than 40 pills, tablets, caplets, capsules, or
13    objects containing hydrocodone, dihydrocodeine,
14    oxycodone, or any of the salts, isomers, and salts of
15    isomers of hydrocodone, dihydrocodeine, or oxycodone, or
16    an analog of hydrocodone, dihydrocodeine, or oxycodone.
17    (b) Any person sentenced with respect to violations of
18paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
19involving 100 grams or more of the controlled substance named
20therein, may in addition to the penalties provided therein, be
21fined an amount not to exceed $200,000 or the full street value
22of the controlled or counterfeit substances, whichever is
23greater. The term "street value" shall have the meaning
24ascribed in Section 110-5 of the Code of Criminal Procedure of
251963. Any person sentenced with respect to any other provision
26of subsection (a), may in addition to the penalties provided

 

 

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1therein, be fined an amount not to exceed $200,000.
2    (c) Any person who violates this Section with regard to an
3amount of a controlled substance other than methamphetamine or
4counterfeit substance not set forth in subsection (a), (a-1),
5(a-5), or (d) is guilty of a Class A misdemeanor. Class 4
6felony. The fine for a violation punishable under this
7subsection (c) shall not be more than $25,000.
8    (d) Any person who violates this Section with regard to
9any amount of anabolic steroid is guilty of a Class C
10misdemeanor for the first offense and a Class B misdemeanor
11for a subsequent offense committed within 2 years of a prior
12conviction.
13(Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18.)
 
14    (720 ILCS 570/408)  (from Ch. 56 1/2, par. 1408)
15    Sec. 408. Second or subsequent offense; penalties.
16    (a) Any person convicted of a second or subsequent felony
17offense under this Act may be sentenced to imprisonment for a
18term up to twice the maximum term otherwise authorized, fined
19an amount up to twice that otherwise authorized, or both.
20    (b) For purposes of this Section, an offense is considered
21a second or subsequent felony offense, if, prior to his or her
22conviction of the offense, the person:
23         (1) has been convicted, subsequent to the effective
24    date of this amendatory Act of the 102nd General Assembly,
25    of a felony violation of this Act or the Methamphetamine

 

 

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1    Control and Community Protection Act or under any
2    substantially similar law of the United States or of any
3    state relating to controlled substances; or
4        (2) has at any time been convicted of a Class 1 or
5    higher felony violation of this Act or the Methamphetamine
6    Control and Community Protection Act or under any
7    substantially similar law of the United States or of any
8    state relating to controlled substances. offender has at
9    any time been convicted under this Act or under any law of
10    the United States or of any State relating to controlled
11    substances.
12(Source: P.A. 97-334, eff. 1-1-12.)
 
13    Section 15. The Methamphetamine Control and Community
14Protection Act is amended by changing Sections 55 and 60 as
15follows:
 
16    (720 ILCS 646/55)
17    Sec. 55. Methamphetamine delivery.
18    (a) Delivery or possession with intent to deliver
19methamphetamine or a substance containing methamphetamine.
20        (1) It is unlawful knowingly to engage in the delivery
21    or possession with intent to deliver methamphetamine or a
22    substance containing methamphetamine.
23        (2) A person who violates paragraph (1) of this
24    subsection (a) is subject to the following penalties:

 

 

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1            (A) A person who delivers or possesses with intent
2        to deliver less than 5 grams of methamphetamine or a
3        substance containing methamphetamine is guilty of a
4        Class 2 felony.
5            (A-5) A person who possesses with intent to
6        deliver more than 3 grams but less than 5 grams of
7        methamphetamine is guilty of a Class 2 felony.
8            (B) A person who delivers or possesses with intent
9        to deliver 5 or more grams but less than 15 grams of
10        methamphetamine or a substance containing
11        methamphetamine is guilty of a Class 1 felony.
12            (C) A person who delivers or possesses with intent
13        to deliver 15 or more grams but less than 100 grams of
14        methamphetamine or a substance containing
15        methamphetamine is guilty of a Class X felony, subject
16        to a term of imprisonment of not less than 6 years and
17        not more than 30 years, and subject to a fine not to
18        exceed $100,000 or the street value of the
19        methamphetamine, whichever is greater.
20            (D) A person who delivers or possesses with intent
21        to deliver 100 or more grams but less than 400 grams of
22        methamphetamine or a substance containing
23        methamphetamine is guilty of a Class X felony, subject
24        to a term of imprisonment of not less than 9 years and
25        not more than 40 years, and subject to a fine not to
26        exceed $200,000 or the street value of the

 

 

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1        methamphetamine, whichever is greater.
2            (E) A person who delivers or possesses with intent
3        to deliver 400 or more grams but less than 900 grams of
4        methamphetamine or a substance containing
5        methamphetamine is guilty of a Class X felony, subject
6        to a term of imprisonment of not less than 12 years and
7        not more than 50 years, and subject to a fine not to
8        exceed $300,000 or the street value of the
9        methamphetamine, whichever is greater.
10            (F) A person who delivers or possesses with intent
11        to deliver 900 or more grams of methamphetamine or a
12        substance containing methamphetamine is guilty of a
13        Class X felony, subject to a term of imprisonment of
14        not less than 15 years and not more than 60 years, and
15        subject to a fine not to exceed $400,000 or the street
16        value of the methamphetamine, whichever is greater.
17    (b) Aggravated delivery or possession with intent to
18deliver methamphetamine or a substance containing
19methamphetamine.
20        (1) It is unlawful to engage in the aggravated
21    delivery or possession with intent to deliver
22    methamphetamine or a substance containing methamphetamine.
23    A person engages in the aggravated delivery or possession
24    with intent to deliver methamphetamine or a substance
25    containing methamphetamine when the person violates
26    paragraph (1) of subsection (a) of this Section and:

 

 

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1            (A) the person is at least 18 years of age and
2        knowingly delivers or possesses with intent to deliver
3        the methamphetamine or substance containing
4        methamphetamine to a person under 18 years of age;
5            (B) the person is at least 18 years of age and
6        knowingly uses, engages, employs, or causes another
7        person to use, engage, or employ a person under 18
8        years of age to deliver the methamphetamine or
9        substance containing methamphetamine;
10            (C) the person knowingly delivers or possesses
11        with intent to deliver the methamphetamine or
12        substance containing methamphetamine in any structure
13        or vehicle protected by one or more firearms,
14        explosive devices, booby traps, alarm systems,
15        surveillance systems, guard dogs, or dangerous
16        animals;
17            (D) the person knowingly delivers or possesses
18        with intent to deliver the methamphetamine or
19        substance containing methamphetamine in any school, on
20        any real property comprising any school, or in any
21        conveyance owned, leased, or contracted by a school to
22        transport students to or from school or a
23        school-related activity and at the time of the
24        violation persons under the age of 18 are present, the
25        offense is committed during school hours, or the
26        offense is committed at times when persons under the

 

 

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1        age of 18 are reasonably expected to be present in the
2        school, in the conveyance, or on the real property,
3        such as when after-school activities are occurring;
4            (E) the person delivers or causes another person
5        to deliver the methamphetamine or substance containing
6        methamphetamine to a woman that the person knows to be
7        pregnant; or
8            (F) (blank).
9        (2) A person who violates paragraph (1) of this
10    subsection (b) is subject to the following penalties:
11            (A) A person who delivers or possesses with intent
12        to deliver less than 5 grams of methamphetamine or a
13        substance containing methamphetamine is guilty of a
14        Class 1 felony.
15            (B) A person who delivers or possesses with intent
16        to deliver 5 or more grams but less than 15 grams of
17        methamphetamine or a substance containing
18        methamphetamine is guilty of a Class X felony, subject
19        to a term of imprisonment of not less than 6 years and
20        not more than 30 years, and subject to a fine not to
21        exceed $100,000 or the street value of the
22        methamphetamine, whichever is greater.
23            (C) A person who delivers or possesses with intent
24        to deliver 15 or more grams but less than 100 grams of
25        methamphetamine or a substance containing
26        methamphetamine is guilty of a Class X felony, subject

 

 

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1        to a term of imprisonment of not less than 8 years and
2        not more than 40 years, and subject to a fine not to
3        exceed $200,000 or the street value of the
4        methamphetamine, whichever is greater.
5            (D) A person who delivers or possesses with intent
6        to deliver 100 or more grams of methamphetamine or a
7        substance containing methamphetamine is guilty of a
8        Class X felony, subject to a term of imprisonment of
9        not less than 10 years and not more than 50 years, and
10        subject to a fine not to exceed $300,000 or the street
11        value of the methamphetamine, whichever is greater.
12(Source: P.A. 100-3, eff. 1-1-18.)
 
13    (720 ILCS 646/60)
14    Sec. 60. Methamphetamine possession.
15    (a) It is unlawful knowingly to possess methamphetamine or
16a substance containing methamphetamine.
17    (b) A person who violates subsection (a) is subject to the
18following penalties:
19        (1) A person who possesses less than 3 5 grams of
20    methamphetamine or a substance containing methamphetamine
21    is guilty of a Class A misdemeanor 3 felony.
22        (2) A person who possesses 3 5 or more grams but less
23    than 15 grams of methamphetamine or a substance containing
24    methamphetamine is guilty of a Class 4 2 felony.
25        (3) A person who possesses 15 or more grams but less

 

 

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1    than 100 grams of methamphetamine or a substance
2    containing methamphetamine is guilty of a Class 1 felony.
3        (4) A person who possesses 100 or more grams but less
4    than 400 grams of methamphetamine or a substance
5    containing methamphetamine is guilty of a Class X felony,
6    subject to a term of imprisonment of not less than 6 years
7    and not more than 30 years, and subject to a fine not to
8    exceed $100,000.
9        (5) A person who possesses 400 or more grams but less
10    than 900 grams of methamphetamine or a substance
11    containing methamphetamine is guilty of a Class X felony,
12    subject to a term of imprisonment of not less than 8 years
13    and not more than 40 years, and subject to a fine not to
14    exceed $200,000.
15        (6) A person who possesses 900 or more grams of
16    methamphetamine or a substance containing methamphetamine
17    is guilty of a Class X felony, subject to a term of
18    imprisonment of not less than 10 years and not more than 50
19    years, and subject to a fine not to exceed $300,000.
20(Source: P.A. 94-556, eff. 9-11-05.)
 
21    Section 20. The Code of Criminal Procedure of 1963 is
22amended by adding Section 116-2.2 as follows:
 
23    (725 ILCS 5/116-2.2 new)
24    Sec. 116-2.2. Retroactive resentencing.

 

 

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1    (a) A person serving a sentence, including a sentence of
2probation, for an offense for which the statutory penalty has
3been subsequently reduced under this amendatory Act of the
4102nd General Assembly may petition the trial court that
5entered the judgment of conviction to request resentencing in
6accordance with the statutory penalty in effect at the time of
7the filing of the petition.
8    (b) Within 30 days of the effective date of this
9amendatory Act of the 102nd General Assembly, the Department
10of Corrections shall identify each individual serving a
11sentence of imprisonment in the Department who may be eligible
12for resentencing under subsection (a), and then notify the
13prosecuting authority of the jurisdiction in which the person
14was convicted. No later than 60 days after receiving notice
15from the Department, the prosecuting authority shall petition
16the trial court that entered the judgment of conviction to
17request resentencing in accordance with the statutory penalty
18in effect at the time of filing the petition.
19    (c) If the petition satisfies the criteria in subsection
20(a), then a new sentencing hearing shall be held in accordance
21with the Unified Code of Corrections. At the hearing, both the
22defendant and the State may offer evidence of the defendant's
23conduct during his or her period of absence from the court.
24Defendants shall be entitled to have an attorney represent
25them at the resentencing hearing. The court may impose any
26sentence authorized by the Unified Code of Corrections, except

 

 

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1that resentencing under this Section may not result in the
2imposition of a term of imprisonment or probation longer than
3the original sentence. A person who is resentenced under this
4subsection (c) shall be given credit for all time served in
5custody or on probation, or both.
6    (d) A person who has completed his or her sentence for a
7conviction of a felony offense for which the statutory penalty
8has been subsequently reduced to a misdemeanor under this
9amendatory Act of the 102nd General Assembly may petition the
10trial court that entered the judgment of conviction to
11designate the felony conviction as a misdemeanor.
12    (e) If the petition satisfies the criteria in subsection
13(d), then the court shall enter an order providing that the
14felony offense of which the person was previously convicted is
15designated as a misdemeanor under this Section.
16    (f) If a person has been charged prior to the effective
17date of this amendatory Act of the 102nd General Assembly with
18a felony offense for which the statutory penalty has been
19reduced to a misdemeanor under this amendatory Act of the
20102nd General Assembly, the charges shall be modified to
21reflect the new penalty.
22    (g) If a person is serving a sentence of probation for an
23offense for which the penalty was subsequently reduced to a
24misdemeanor under this amendatory Act of the 102nd General
25Assembly, and the person's probation is revoked under Section
264-6-4 of this Code, the person shall not be sentenced to a term

 

 

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1of incarceration that exceeds the current maximum sentence.
 
2    Section 25. The Unified Code of Corrections is amended by
3adding Section 5-6-3.7 as follows:
 
4    (730 ILCS 5/5-6-3.7 new)
5    Sec. 5-6-3.7. Misdemeanor diversion program.
6    (a) The General Assembly seeks to promote public safety,
7conserve valuable resources, and reduce recidivism by
8establishing a Misdemeanor Diversion Program.
9    (b) In this Section:
10        (1) "Appropriate and accessible" means an organization
11    providing services that are likely to be needed by a
12    participant in the Program, and whose location and hours
13    of service make transportation to and from reasonable for
14    the participant.
15        (2) "Human services organization" means any
16    organization equipped to provide screening services
17    described in paragraph (2) of subsection (e) or authorized
18    by the State to perform behavioral health treatment or
19    substance use intervention and treatment or other social
20    services, including, but not limited to, homeless
21    services, education, and job training and placement.
22        (3) "Violent offense" means any offense in which
23    bodily harm was inflicted or in which force was used
24    against any person or threatened against any person, any

 

 

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1    offense involving sexual conduct, sexual penetration, or
2    sexual exploitation, any offense of domestic violence,
3    domestic battery, violation of an order of protection,
4    stalking, or hate crime.
5    (c) Any circuit court or the State's Attorney of any
6county may establish a Misdemeanor Diversion Program in
7accordance with this Section.
8    (d) Whenever any person who does not have a felony case
9pending is arrested for and charged with a misdemeanor offense
10that is not a violent offense and does not involve the
11possession of a firearm or dangerous weapon, the court, with
12the consent of the defendant, may suspend the proceedings
13prior to the entry of a finding of guilt or plea of guilty to
14ascertain the defendant's eligibility to participate in and
15complete the Misdemeanor Diversion Program. If the Program was
16established by the State's Attorney, then except as otherwise
17provided in this subsection (d), the defendant's eligibility
18to participate in the Program shall be within the discretion
19of the State's Attorney.
20    (e) The State's Attorney shall be responsible for
21identifying eligible defendants. Placement into the Program
22shall include the following:
23        (1) At the defendant's initial court appearance
24    appearance or soon as the defendant's eligibility for the
25    Program may be ascertained, the State's Attorney shall
26    inform the defendant of the existence of the Program, the

 

 

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1    need for a preliminary screen for behavioral health or
2    other social service needs, the requirements for
3    successful completion, the implications of non-compliance,
4    and that successful completion shall result in dismissal
5    of the charge and the defendant's eligibility to petition
6    for sealing or expungement of his or her record with no
7    waiting period.
8        (2) If the defendant agrees, the defendant shall be
9    immediately referred to a human services organization that
10    shall perform a brief screening to determine the presence
11    of any substance use, mental health, or other social
12    service needs experienced by the defendant.
13        (3) If the screen does not indicate the defendant's
14    need for services, the court shall continue the case for
15    further proceedings under the Code of Criminal Procedure
16    of 1963.
17        (4) If the screen indicates a need for services, the
18    defendant shall be considered eligible for participation.
19    Participation is voluntary. To participate, the defendant
20    shall sign a written agreement with the court that he or
21    she understands and agrees to the conditions of
22    participation, as set forth in subsection (f) of this
23    Section.
24        (5) Upon acceptance of the agreement by the court, the
25    human services organization responsible for the screening
26    shall refer the defendant to an appropriate and accessible

 

 

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1    human services organization responsible for conducting a
2    comprehensive assessment and developing a service plan, as
3    described in subsection (f) of this Section.
4        (6) At such time as it is known, the human services
5    organization responsible for the screening shall report to
6    the court that the individual has successfully or
7    unsuccessfully completed the conditions of participation.
8    (f) The defendant shall agree to submit to a more
9comprehensive assessment of behavioral health and other social
10service needs conducted by the human services organization to
11which the defendant is referred. As a result of this
12assessment, the organization shall prepare recommendations for
13treatment and other social services which would likely benefit
14the defendant, which the human services organization shall
15present to and discuss with the defendant who may agree to
16pursue treatment voluntarily. Adherence to the service plan
17recommendations may not be a condition of participation.
18Completion of all of the conditions of participation shall
19occur no more than 90 days from the date of admission into the
20Program.
21    (g) Under no circumstances shall the human services
22organization performing either the brief screening, referral,
23and reporting under subsection (e) or the assessment and
24service recommendations under subsection (f) be required to
25perform those services in the absence of reimbursement for
26those services. The human services organization may already

 

 

HB3447 Engrossed- 91 -LRB102 13836 RLC 19187 b

1have an existing mechanism for reimbursement, or a new
2mechanism may be created by way of agreement with the court,
3the State's Attorney, or the jurisdiction in which the
4Misdemeanor Diversion Program was developed specifically for
5the purposes of the Program.
6    (h) If all conditions of participation have been met, the
7defendant shall be deemed to have successfully completed the
8Program and the court shall dismiss the proceedings against
9the defendant. Discharge and dismissal shall not be considered
10a conviction for purposes of disqualification or disability
11imposed by law upon conviction of a crime.
12    (i) Non-compliance with the conditions of participation,
13or failure to complete the conditions of participation within
1490 days, shall be considered a violation and the court shall
15continue the case for further proceedings under the Code of
16Criminal Procedure of 1963, as if the defendant had not
17participated in the Program.