SB3007ham002 93RD GENERAL ASSEMBLY

Rep. Constance A. Howard

Filed: 5/14/2004

09300SB3007ham002 LRB093 21097 RLC 51122 a

AMENDMENT TO SENATE BILL 3007

AMENDMENT NO. ______. Amend Senate Bill 3007, AS AMENDED, by replacing paragraph (1) of subsection (h) of Sec. 5 of Section 5 with the following:

"(h)(1) Notwithstanding any other provision of this Act to the contrary and cumulative with any rights to expungement of criminal records, the Chief Judge of the circuit in which the charge or charges were brought may have the official records of the charges and disposition that are held by the arresting authority, the Department, and the clerk of the circuit court regarding an adult or minor prosecuted as an adult sealed if the adult or minor prosecuted as an adult was:

(A) charged with one or more municipal ordinance violations or misdemeanors, and thereafter was either acquitted or released without being convicted; or

(B) regardless of the original charge or charges, placed on misdemeanor supervision; and

(i) at least 3 years have elapsed since the completion of the term of supervision for the last such event; and

(ii) the individual has not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor during the period specified in clause (i); or

(C) regardless of the original charge or charges, placed on misdemeanor supervision or convicted of a municipal ordinance violation or a misdemeanor and the conviction was reversed.

However, all such records are nonetheless subject to inspection and use by the court and inspection and use by law enforcement agencies and State's Attorneys or other prosecutors in carrying out the duties of their offices. Notwithstanding any other provision of this Act to the contrary and cumulative with any rights to expungement of criminal records, whenever an adult or minor prosecuted as an adult charged with a violation of a municipal ordinance or a misdemeanor is acquitted or released without being convicted, or if the person is convicted but the conviction is reversed, or if the person has been placed on supervision for a misdemeanor and has not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor within 3 years after the acquittal or release or reversal of conviction, or the completion of the terms and conditions of the supervision, if the acquittal, release, finding of not guilty, or reversal of conviction occurred on or after the effective date of this amendatory Act of the 93rd General Assembly, the Chief Judge of the circuit in which the charge was brought may have the official records of the arresting authority, the Department, and the clerk of the circuit court sealed 3 years after the dismissal of the charge, the finding of not guilty, the reversal of conviction, or the completion of the terms and conditions of the supervision, except those records are subject to inspection and use by the court for the purposes of subsequent sentencing for misdemeanor and felony violations and inspection and use by law enforcement agencies and State's Attorneys or other prosecutors in carrying out the duties of their offices. Except as otherwise provided in subsection (j), this This subsection (h) does not apply to persons placed on supervision for: (1) a violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance; (2) a misdemeanor violation of Article 11 of the Criminal Code of 1961 or a similar provision of a local ordinance; (3) a misdemeanor violation of Section 12-15, 12-30, or 26-5 of the Criminal Code of 1961 or a similar provision of a local ordinance; (4) a misdemeanor violation that is a crime of violence as defined in Section 2 of the Crime Victims Compensation Act or a similar provision of a local ordinance; (5) a Class A misdemeanor violation of the Humane Care for Animals Act; or (6) any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act."; and

by replacing paragraph (1) of subsection (i) of Sec. 5 of Section 5 with the following:

"(i)(1) Notwithstanding any other provision of this Act to the contrary and cumulative with any rights to expungement of criminal records, the Chief Judge of the circuit in which the charge or charges were brought may have the official records of the charges and disposition that are held by the arresting authority, the Department, and the clerk of the circuit court regarding an adult or minor prosecuted as an adult sealed if:

(A) the adult or minor prosecuted as an adult has been convicted of one or more municipal ordinance violations or misdemeanors; and

(B) at least 4 years have elapsed since the last such conviction or term of any sentence, probation, or supervision, if any; and

(C) the individual, since the last such conviction or term of any sentence, probation or supervision, if any, has not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor.

However, all such records are nonetheless subject to inspection and use by the court and inspection and use by law enforcement agencies and State's Attorneys or other prosecutors in carrying out the duties of their offices. Notwithstanding any other provision of this Act to the contrary and cumulative with any rights to expungement of criminal records, whenever an adult or minor prosecuted as an adult charged with a violation of a municipal ordinance or a misdemeanor is convicted of a misdemeanor and has not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor within 4 years after the completion of the sentence, if the conviction occurred on or after the effective date of this amendatory Act of the 93rd General Assembly, the Chief Judge of the circuit in which the charge was brought may have the official records of the arresting authority, the Department, and the clerk of the circuit court sealed 4 years after the completion of the sentence, except those records are subject to inspection and use by the court for the purposes of subsequent sentencing for misdemeanor and felony violations and inspection and use by law enforcement agencies and State's Attorneys or other prosecutors in carrying out the duties of their offices. Except as otherwise provided in subsection (j), this This subsection (i) does not apply to persons convicted of: (1) a violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance; (2) a misdemeanor violation of Article 11 of the Criminal Code of 1961 or a similar provision of a local ordinance; (3) a misdemeanor violation of Section 12-15, 12-30, or 26-5 of the Criminal Code of 1961 or a similar provision of a local ordinance; (4) a misdemeanor violation that is a crime of violence as defined in Section 2 of the Crime Victims Compensation Act or a similar provision of a local ordinance; (5) a Class A misdemeanor violation of the Humane Care for Animals Act; or (6) any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act."; and

in subsection (j) of Sec. 5 of Section 5, by inserting after "met." the following: "A person filing a petition to have his or her records sealed for a Class 4 felony violation of Section 4 of the Cannabis Control Act or for a Class 4 felony violation of Section 402 of the Illinois Controlled Substances Act must attach to the petition proof that the petitioner has passed a test taken within the previous 30 days before the filing of the petition showing the absence within his or her body of all illegal substances in violation of either the Illinois Controlled Substances Act or the Cannabis Control Act."; and

by inserting after the last line of subsection (k) of Sec. 5 of Section 5 the following:

"(l) Criminal history records sealed as prescribed in subsections (h), (i), and (j) shall not remain sealed to employers, authorizing bodies, and government agencies when State or federal law or regulation would otherwise prohibit employment or licensure by the person had his or her criminal history records not been sealed. A felony record of arrest or conviction shall not be sealed until the Department of State Police has implemented the system to provide these records, which shall be accomplished in no more than one year from the effective date of this amendatory Act of the 93rd General Assembly. Subject to the approval by the Illinois Commerce Commission, an amount not to exceed $885,000 shall be transferred from the Digital Divide Elimination Infrastructure Fund to the State Police Services Fund for the purpose of establishing the computer system necessary for the implementation of this amendatory Act of the 93rd General Assembly."; and

by relettering subsection "(l)" of Sec. 5 of Section 5 as subsection "(m)"; and

in the relettered subsection (m), by replacing "The Illinois Department of Corrections shall conduct" with "Subject to available funding, the Illinois Department of Corrections shall conduct".