Full Text of HB1548 98th General Assembly
HB1548eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Identification Act is amended by | 5 | | changing Sections 5.2 and 13 as follows:
| 6 | | (20 ILCS 2630/5.2)
| 7 | | Sec. 5.2. Expungement and 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), |
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| 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 by | 15 | | a legally constituted jury or by a court of competent | 16 | | jurisdiction authorized to try the case without a jury. | 17 | | An order of supervision successfully completed by the | 18 | | petitioner is not a conviction. An order of qualified | 19 | | probation (as defined in subsection (a)(1)(J)) | 20 | | successfully completed by the petitioner is not a | 21 | | conviction. An order of supervision or an order of | 22 | | 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. |
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| 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 |
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| 1 | | are last in time, they shall be collectively considered | 2 | | the "last sentence" regardless of whether they were | 3 | | 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 | | (H) "Municipal ordinance violation" means an | 9 | | offense defined by a municipal or local ordinance that | 10 | | is criminal in nature and with which the petitioner was | 11 | | charged or for which the petitioner was arrested and | 12 | | released without charging. | 13 | | (I) "Petitioner" means an adult or a minor | 14 | | prosecuted as an
adult who has applied for relief under | 15 | | this Section. | 16 | | (J) "Qualified probation" means an order of | 17 | | probation under Section 10 of the Cannabis Control Act, | 18 | | Section 410 of the Illinois Controlled Substances Act, | 19 | | Section 70 of the Methamphetamine Control and | 20 | | Community Protection Act, Section 5-6-3.3 of the | 21 | | Unified Code of Corrections, Section 12-4.3(b)(1) and | 22 | | (2) of the Criminal Code of 1961 (as those provisions | 23 | | existed before their deletion by Public Act 89-313), | 24 | | Section 10-102 of the Illinois Alcoholism and Other | 25 | | Drug Dependency Act, Section 40-10 of the Alcoholism | 26 | | and Other Drug Abuse and Dependency Act, or Section 10 |
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| 1 | | of the Steroid Control Act. For the purpose of this | 2 | | Section, "successful completion" of an order of | 3 | | qualified probation under Section 10-102 of the | 4 | | Illinois Alcoholism and Other Drug Dependency Act and | 5 | | Section 40-10 of the Alcoholism and Other Drug Abuse | 6 | | and Dependency Act means that the probation was | 7 | | terminated satisfactorily and the judgment of | 8 | | conviction was vacated. | 9 | | (K) "Seal" means to physically and electronically | 10 | | maintain the records, unless the records would | 11 | | otherwise be destroyed due to age, but to make the | 12 | | records unavailable without a court order, subject to | 13 | | the exceptions in Sections 12 and 13 of this Act. The | 14 | | petitioner's name shall also be obliterated from the | 15 | | official index required to be kept by the circuit court | 16 | | clerk under Section 16 of the Clerks of Courts Act, but | 17 | | any index issued by the circuit court clerk before the | 18 | | entry of the order to seal shall not be affected. | 19 | | (L) "Sexual offense committed against a minor" | 20 | | includes but is
not limited to the offenses of indecent | 21 | | solicitation of a child
or criminal sexual abuse when | 22 | | the victim of such offense is
under 18 years of age. | 23 | | (M) "Terminate" as it relates to a sentence or | 24 | | order of supervision or qualified probation includes | 25 | | either satisfactory or unsatisfactory termination of | 26 | | the sentence, unless otherwise specified in this |
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| 1 | | Section. | 2 | | (2) Minor Traffic Offenses.
Orders of supervision or | 3 | | convictions for minor traffic offenses shall not affect a | 4 | | petitioner's eligibility to expunge or seal records | 5 | | pursuant to this Section. | 6 | | (3) Exclusions. Except as otherwise provided in | 7 | | subsections (b)(5), (b)(6), (e), and (e-5) , and (e-6) of | 8 | | this Section, the court shall not order: | 9 | | (A) the sealing or expungement of the records of | 10 | | arrests or charges not initiated by arrest that result | 11 | | in an order of supervision for or conviction of:
(i) | 12 | | any sexual offense committed against a
minor; (ii) | 13 | | Section 11-501 of the Illinois Vehicle Code or a | 14 | | similar provision of a local ordinance; or (iii) | 15 | | Section 11-503 of the Illinois Vehicle Code or a | 16 | | similar provision of a local ordinance, unless the | 17 | | arrest or charge is for a misdemeanor violation of | 18 | | subsection (a) of Section 11-503 or a similar provision | 19 | | of a local ordinance, that occurred prior to the | 20 | | offender reaching the age of 25 years and the offender | 21 | | has no other conviction for violating Section 11-501 or | 22 | | 11-503 of the Illinois Vehicle Code or a similar | 23 | | provision of a local ordinance. | 24 | | (B) the sealing or expungement of records of minor | 25 | | traffic offenses (as defined in subsection (a)(1)(G)), | 26 | | unless the petitioner was arrested and released |
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| 1 | | without charging. | 2 | | (C) the sealing of the records of arrests or | 3 | | charges not initiated by arrest which result in an | 4 | | order of supervision, an order of qualified probation | 5 | | (as defined in subsection (a)(1)(J)), or a conviction | 6 | | for the following offenses: | 7 | | (i) offenses included in Article 11 of the | 8 | | Criminal Code of 1961 or a similar provision of a | 9 | | local ordinance, except Section 11-14 of the | 10 | | Criminal Code of 1961 or a similar provision of a | 11 | | local ordinance; | 12 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | 13 | | 26-5, or 48-1 of the Criminal Code of 1961 or a | 14 | | similar provision of a local ordinance; | 15 | | (iii) offenses defined as "crimes of violence" | 16 | | in Section 2 of the Crime Victims Compensation Act | 17 | | or a similar provision of a local ordinance; | 18 | | (iv) offenses which are Class A misdemeanors | 19 | | under the Humane Care for Animals Act; or | 20 | | (v) any offense or attempted offense that | 21 | | would subject a person to registration under the | 22 | | Sex Offender Registration Act. | 23 | | (D) the sealing of the records of an arrest which | 24 | | results in
the petitioner being charged with a felony | 25 | | offense or records of a charge not initiated by arrest | 26 | | for a felony offense unless: |
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| 1 | | (i) the charge is amended to a misdemeanor and | 2 | | is otherwise
eligible to be sealed pursuant to | 3 | | subsection (c); | 4 | | (ii) the charge is brought along with another | 5 | | charge as a part of one case and the charge results | 6 | | in acquittal, dismissal, or conviction when the | 7 | | conviction was reversed or vacated, and another | 8 | | charge brought in the same case results in a | 9 | | disposition for a misdemeanor offense that is | 10 | | eligible to be sealed pursuant to subsection (c) or | 11 | | a disposition listed in paragraph (i), (iii), or | 12 | | (iv) of this subsection; | 13 | | (iii) the charge results in first offender | 14 | | probation as set forth in subsection (c)(2)(E); | 15 | | (iv) the charge is for a Class 4 felony offense | 16 | | listed in subsection (c)(2)(F) or the charge is | 17 | | amended to a Class 4 felony offense listed in | 18 | | subsection (c)(2)(F). Records of arrests which | 19 | | result in the petitioner being charged with a Class | 20 | | 4 felony offense listed in subsection (c)(2)(F), | 21 | | records of charges not initiated by arrest for | 22 | | Class 4 felony offenses listed in subsection | 23 | | (c)(2)(F), and records of charges amended to a | 24 | | Class 4 felony offense listed in (c)(2)(F) may be | 25 | | sealed, regardless of the disposition, subject to | 26 | | any waiting periods set forth in subsection |
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| 1 | | (c)(3); | 2 | | (v) the charge results in acquittal, | 3 | | dismissal, or the petitioner's release without | 4 | | conviction; or | 5 | | (vi) the charge results in a conviction, but | 6 | | the conviction was reversed or vacated. | 7 | | (b) Expungement. | 8 | | (1) A petitioner may petition the circuit court to | 9 | | expunge the
records of his or her arrests and charges not | 10 | | initiated by arrest when: | 11 | | (A) He or she has never been convicted of a | 12 | | criminal offense; and | 13 | | (B) Each arrest or charge not initiated by arrest
| 14 | | sought to be expunged resulted in:
(i) acquittal, | 15 | | dismissal, or the petitioner's release without | 16 | | charging, unless excluded by subsection (a)(3)(B);
| 17 | | (ii) a conviction which was vacated or reversed, unless | 18 | | excluded by subsection (a)(3)(B);
(iii) an order of | 19 | | supervision and such supervision was successfully | 20 | | completed by the petitioner, unless excluded by | 21 | | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | 22 | | qualified probation (as defined in subsection | 23 | | (a)(1)(J)) and such probation was successfully | 24 | | completed by the petitioner. | 25 | | (2) Time frame for filing a petition to expunge. | 26 | | (A) When the arrest or charge not initiated by |
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| 1 | | arrest sought to be expunged resulted in an acquittal, | 2 | | dismissal, the petitioner's release without charging, | 3 | | or the reversal or vacation of a conviction, there is | 4 | | no waiting period to petition for the expungement of | 5 | | such records. | 6 | | (B) When the arrest or charge not initiated by | 7 | | arrest
sought to be expunged resulted in an order of | 8 | | supervision, successfully
completed by the petitioner, | 9 | | the following time frames will apply: | 10 | | (i) Those arrests or charges that resulted in | 11 | | orders of
supervision under Section 3-707, 3-708, | 12 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | 13 | | similar provision of a local ordinance, or under | 14 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | 15 | | Code of 1961 or a similar provision of a local | 16 | | ordinance, shall not be eligible for expungement | 17 | | until 5 years have passed following the | 18 | | satisfactory termination of the supervision. | 19 | | (i-5) Those arrests or charges that resulted | 20 | | in orders of supervision for a misdemeanor | 21 | | violation of subsection (a) of Section 11-503 of | 22 | | the Illinois Vehicle Code or a similar provision of | 23 | | a local ordinance, that occurred prior to the | 24 | | offender reaching the age of 25 years and the | 25 | | offender has no other conviction for violating | 26 | | Section 11-501 or 11-503 of the Illinois Vehicle |
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| 1 | | Code or a similar provision of a local ordinance | 2 | | shall not be eligible for expungement until the | 3 | | petitioner has reached the age of 25 years. | 4 | | (ii) Those arrests or charges that resulted in | 5 | | orders
of supervision for any other offenses shall | 6 | | not be
eligible for expungement until 2 years have | 7 | | passed
following the satisfactory termination of | 8 | | the supervision. | 9 | | (C) When the arrest or charge not initiated by | 10 | | arrest sought to
be expunged resulted in an order of | 11 | | qualified probation, successfully
completed by the | 12 | | petitioner, such records shall not be eligible for
| 13 | | expungement until 5 years have passed following the | 14 | | satisfactory
termination of the probation. | 15 | | (3) Those records maintained by the Department for
| 16 | | persons arrested prior to their 17th birthday shall be
| 17 | | expunged as provided in Section 5-915 of the Juvenile Court
| 18 | | Act of 1987. | 19 | | (4) Whenever a person has been arrested for or | 20 | | convicted of any
offense, in the name of a person whose | 21 | | identity he or she has stolen or otherwise
come into | 22 | | possession of, the aggrieved person from whom the identity
| 23 | | was stolen or otherwise obtained without authorization,
| 24 | | upon learning of the person having been arrested using his
| 25 | | or her identity, may, upon verified petition to the chief | 26 | | judge of
the circuit wherein the arrest was made, have a |
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| 1 | | court order
entered nunc pro tunc by the Chief Judge to | 2 | | correct the
arrest record, conviction record, if any, and | 3 | | all official
records of the arresting authority, the | 4 | | Department, other
criminal justice agencies, the | 5 | | prosecutor, and the trial
court concerning such arrest, if | 6 | | any, by removing his or her name
from all such records in | 7 | | connection with the arrest and
conviction, if any, and by | 8 | | inserting in the records the
name of the offender, if known | 9 | | or ascertainable, in lieu of
the aggrieved's name. The | 10 | | records of the circuit court clerk shall be sealed until | 11 | | further order of
the court upon good cause shown and the | 12 | | name of the
aggrieved person obliterated on the official | 13 | | index
required to be kept by the circuit court clerk under
| 14 | | Section 16 of the Clerks of Courts Act, but the order shall
| 15 | | not affect any index issued by the circuit court clerk
| 16 | | before the entry of the order. Nothing in this Section
| 17 | | shall limit the Department of State Police or other
| 18 | | criminal justice agencies or prosecutors from listing
| 19 | | under an offender's name the false names he or she has
| 20 | | used. | 21 | | (5) Whenever a person has been convicted of criminal
| 22 | | sexual assault, aggravated criminal sexual assault,
| 23 | | predatory criminal sexual assault of a child, criminal
| 24 | | sexual abuse, or aggravated criminal sexual abuse, the
| 25 | | victim of that offense may request that the State's
| 26 | | Attorney of the county in which the conviction occurred
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| 1 | | file a verified petition with the presiding trial judge at
| 2 | | the petitioner's trial to have a court order entered to | 3 | | seal
the records of the circuit court clerk in connection
| 4 | | with the proceedings of the trial court concerning that
| 5 | | offense. However, the records of the arresting authority
| 6 | | and the Department of State Police concerning the offense
| 7 | | shall not be sealed. The court, upon good cause shown,
| 8 | | shall make the records of the circuit court clerk in
| 9 | | connection with the proceedings of the trial court
| 10 | | concerning the offense available for public inspection. | 11 | | (6) If a conviction has been set aside on direct review
| 12 | | or on collateral attack and the court determines by clear
| 13 | | and convincing evidence that the petitioner was factually
| 14 | | innocent of the charge, the court shall enter an
| 15 | | expungement order as provided in subsection (b) of Section
| 16 | | 5-5-4 of the Unified Code of Corrections. | 17 | | (7) Nothing in this Section shall prevent the | 18 | | Department of
State Police from maintaining all records of | 19 | | any person who
is admitted to probation upon terms and | 20 | | conditions and who
fulfills those terms and conditions | 21 | | pursuant to Section 10
of the Cannabis Control Act, Section | 22 | | 410 of the Illinois
Controlled Substances Act, Section 70 | 23 | | of the
Methamphetamine Control and Community Protection | 24 | | Act,
Section 5-6-3.3 of the Unified Code of Corrections, | 25 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | 26 | | the Criminal Code of 1961, Section 10-102
of the Illinois |
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| 1 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | 2 | | the Alcoholism and Other Drug Abuse and
Dependency Act, or | 3 | | Section 10 of the Steroid Control Act. | 4 | | (c) Sealing. | 5 | | (1) Applicability. Notwithstanding any other provision | 6 | | of this Act to the contrary, and cumulative with any rights | 7 | | to expungement of criminal records, this subsection | 8 | | authorizes the sealing of criminal records of adults and of | 9 | | minors prosecuted as adults. | 10 | | (2) Eligible Records. The following records may be | 11 | | sealed: | 12 | | (A) All arrests resulting in release without | 13 | | charging; | 14 | | (B) Arrests or charges not initiated by arrest | 15 | | resulting in acquittal, dismissal, or conviction when | 16 | | the conviction was reversed or vacated, except as | 17 | | excluded by subsection (a)(3)(B); | 18 | | (C) Arrests or charges not initiated by arrest | 19 | | resulting in orders of supervision successfully | 20 | | completed by the petitioner, unless excluded by | 21 | | subsection (a)(3); | 22 | | (D) Arrests or charges not initiated by arrest | 23 | | resulting in convictions unless excluded by subsection | 24 | | (a)(3); | 25 | | (E) Arrests or charges not initiated by arrest | 26 | | resulting in orders of first offender probation under |
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| 1 | | Section 10 of the Cannabis Control Act, Section 410 of | 2 | | the Illinois Controlled Substances Act, Section 70 of | 3 | | the Methamphetamine Control and Community Protection | 4 | | Act, or Section 5-6-3.3 of the Unified Code of | 5 | | Corrections; and | 6 | | (F) Arrests or charges not initiated by arrest | 7 | | resulting in Class 4 felony convictions for the | 8 | | following offenses: | 9 | | (i) Section 11-14 of the Criminal Code of 1961; | 10 | | (ii) Section 4 of the Cannabis Control Act; | 11 | | (iii) Section 402 of the Illinois Controlled | 12 | | Substances Act; | 13 | | (iv) the Methamphetamine Precursor Control | 14 | | Act; and | 15 | | (v) the Steroid Control Act. | 16 | | (3) When Records Are Eligible to Be Sealed. Records | 17 | | identified as eligible under subsection (c)(2) may be | 18 | | sealed as follows: | 19 | | (A) Records identified as eligible under | 20 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | 21 | | time. | 22 | | (B) Records identified as eligible under | 23 | | subsection (c)(2)(C) may be sealed
(i) 3 years after | 24 | | the termination of petitioner's last sentence (as | 25 | | defined in subsection (a)(1)(F)) if the petitioner has | 26 | | never been convicted of a criminal offense (as defined |
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| 1 | | in subsection (a)(1)(D)); or
(ii) 4 years after the | 2 | | termination of the petitioner's last sentence (as | 3 | | defined in subsection (a)(1)(F)) if the petitioner has | 4 | | ever been convicted of a criminal offense (as defined | 5 | | in subsection (a)(1)(D)). | 6 | | (C) Records identified as eligible under | 7 | | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | 8 | | sealed 4 years after the termination of the | 9 | | petitioner's last sentence (as defined in subsection | 10 | | (a)(1)(F)). | 11 | | (D) Records identified in subsection | 12 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 13 | | reached the age of 25 years. | 14 | | (4) Subsequent felony convictions. A person may not | 15 | | have
subsequent felony conviction records sealed as | 16 | | provided in this subsection
(c) if he or she is convicted | 17 | | of any felony offense after the date of the
sealing of | 18 | | prior felony convictions as provided in this subsection | 19 | | (c). The court may, upon conviction for a subsequent felony | 20 | | offense, order the unsealing of prior felony conviction | 21 | | records previously ordered sealed by the court. | 22 | | (5) Notice of eligibility for sealing. Upon entry of a | 23 | | disposition for an eligible record under this subsection | 24 | | (c), the petitioner shall be informed by the court of the | 25 | | right to have the records sealed and the procedures for the | 26 | | sealing of the records. |
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| 1 | | (d) Procedure. The following procedures apply to | 2 | | expungement under subsections (b) , and (e), and (e-6) and | 3 | | sealing under subsections (c) and (e-5): | 4 | | (1) Filing the petition. Upon becoming eligible to | 5 | | petition for
the expungement or sealing of records under | 6 | | this Section, the petitioner shall file a petition | 7 | | requesting the expungement
or sealing of records with the | 8 | | clerk of the court where the arrests occurred or the | 9 | | charges were brought, or both. If arrests occurred or | 10 | | charges were brought in multiple jurisdictions, a petition | 11 | | must be filed in each such jurisdiction. The petitioner | 12 | | shall pay the applicable fee, if not waived. | 13 | | (2) Contents of petition. The petition shall be
| 14 | | verified and shall contain the petitioner's name, date of
| 15 | | birth, current address and, for each arrest or charge not | 16 | | initiated by
arrest sought to be sealed or expunged, the | 17 | | case number, the date of
arrest (if any), the identity of | 18 | | the arresting authority, and such
other information as the | 19 | | court may require. During the pendency
of the proceeding, | 20 | | the petitioner shall promptly notify the
circuit court | 21 | | clerk of any change of his or her address. If the | 22 | | petitioner has received a certificate of eligibility for | 23 | | sealing from the Prisoner Review Board under paragraph (10) | 24 | | of subsection (a) of Section 3-3-2 of the Unified Code of | 25 | | Corrections, the certificate shall be attached to the | 26 | | petition. |
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| 1 | | (3) Drug test. The petitioner must attach to the | 2 | | petition proof that the petitioner has passed a test taken | 3 | | within 30 days before the filing of the petition showing | 4 | | the absence within his or her body of all illegal | 5 | | substances as defined by the Illinois Controlled | 6 | | Substances Act, the Methamphetamine Control and Community | 7 | | Protection Act, and the Cannabis Control Act if he or she | 8 | | is petitioning to seal felony records pursuant to clause | 9 | | (c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is | 10 | | petitioning to expunge felony records of a qualified | 11 | | probation pursuant to clause (b)(1)(B)(iv). | 12 | | (4) Service of petition. The circuit court clerk shall | 13 | | promptly
serve a copy of the petition and documentation to | 14 | | support the petition under subsection (e), (e-5), or (e-6) | 15 | | on the State's Attorney or
prosecutor charged with the duty | 16 | | of prosecuting the
offense, the Department of State Police, | 17 | | the arresting
agency and the chief legal officer of the | 18 | | unit of local
government effecting the arrest. | 19 | | (5) Objections. | 20 | | (A) Any party entitled to notice of the petition | 21 | | may file an objection to the petition. All objections | 22 | | shall be in writing, shall be filed with the circuit | 23 | | court clerk, and shall state with specificity the basis | 24 | | of the objection. | 25 | | (B) Objections to a petition to expunge or seal | 26 | | must be filed within 60 days of the date of service of |
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| 1 | | the petition. | 2 | | (6) Entry of order. | 3 | | (A) The Chief Judge of the circuit wherein the | 4 | | charge was brought, any judge of that circuit | 5 | | designated by the Chief Judge, or in counties of less | 6 | | than 3,000,000 inhabitants, the presiding trial judge | 7 | | at the petitioner's trial, if any, shall rule on the | 8 | | petition to expunge or seal as set forth in this | 9 | | subsection (d)(6). | 10 | | (B) Unless the State's Attorney or prosecutor, the | 11 | | Department of
State Police, the arresting agency, or | 12 | | the chief legal officer
files an objection to the | 13 | | petition to expunge or seal within 60 days from the | 14 | | date of service of the petition, the court shall enter | 15 | | an order granting or denying the petition. | 16 | | (7) Hearings. If an objection is filed, the court shall | 17 | | set a date for a hearing and notify the petitioner and all | 18 | | parties entitled to notice of the petition of the hearing | 19 | | date at least 30 days prior to the hearing, and shall hear | 20 | | evidence on whether the petition should or should not be | 21 | | granted, and shall grant or deny the petition to expunge or | 22 | | seal the records based on the evidence presented at the | 23 | | hearing. | 24 | | (8) Service of order. After entering an order to | 25 | | expunge or
seal records, the court must provide copies of | 26 | | the order to the
Department, in a form and manner |
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| 1 | | prescribed by the Department,
to the petitioner, to the | 2 | | State's Attorney or prosecutor
charged with the duty of | 3 | | prosecuting the offense, to the
arresting agency, to the | 4 | | chief legal officer of the unit of
local government | 5 | | effecting the arrest, and to such other
criminal justice | 6 | | agencies as may be ordered by the court. | 7 | | (9) Effect of order. | 8 | | (A) Upon entry of an order to expunge records | 9 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | 10 | | (i) the records shall be expunged (as defined | 11 | | in subsection (a)(1)(E)) by the arresting agency, | 12 | | the Department, and any other agency as ordered by | 13 | | the court, within 60 days of the date of service of | 14 | | the order, unless a motion to vacate, modify, or | 15 | | reconsider the order is filed pursuant to | 16 | | paragraph (12) of subsection (d) of this Section; | 17 | | (ii) the records of the circuit court clerk | 18 | | shall be impounded until further order of the court | 19 | | 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 | | and | 26 | | (iii) in response to an inquiry for expunged |
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| 1 | | records, the court, the Department, or the agency | 2 | | receiving such inquiry, shall reply as it does in | 3 | | response to inquiries when no records ever | 4 | | existed. | 5 | | (B) Upon entry of an order to expunge records | 6 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | 7 | | (i) the records shall be expunged (as defined | 8 | | in subsection (a)(1)(E)) by the arresting agency | 9 | | and any other agency as ordered by the court, | 10 | | within 60 days of the date of service of the order, | 11 | | unless a motion to vacate, modify, or reconsider | 12 | | the order is filed pursuant to paragraph (12) of | 13 | | subsection (d) of this Section; | 14 | | (ii) the records of the circuit court clerk | 15 | | shall be impounded until further order of the court | 16 | | upon good cause shown and the name of the | 17 | | petitioner obliterated on the official index | 18 | | required to be kept by the circuit court clerk | 19 | | under Section 16 of the Clerks of Courts Act, but | 20 | | the order shall not affect any index issued by the | 21 | | circuit court clerk before the entry of the order; | 22 | | (iii) the records shall be impounded by the
| 23 | | Department within 60 days of the date of service of | 24 | | the order as ordered by the court, unless a motion | 25 | | to vacate, modify, or reconsider the order is filed | 26 | | pursuant to paragraph (12) of subsection (d) of |
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| 1 | | this Section; | 2 | | (iv) records impounded by the Department may | 3 | | be disseminated by the Department only as required | 4 | | by law or to the arresting authority, the State's | 5 | | Attorney, and the court upon a later arrest for the | 6 | | same or a similar offense or for the purpose of | 7 | | sentencing for any subsequent felony, and to the | 8 | | Department of Corrections upon conviction for any | 9 | | offense; and | 10 | | (v) in response to an inquiry for such records | 11 | | from anyone not authorized by law to access such | 12 | | records the court, the Department, or the agency | 13 | | receiving such inquiry shall reply as it does in | 14 | | response to inquiries when no records ever | 15 | | existed. | 16 | | (B-5) Upon entry of an order to expunge records | 17 | | under subsection (e-6): | 18 | | (i) the records shall be expunged (as defined | 19 | | in subsection (a)(1)(E)) by the arresting agency | 20 | | and any other agency as ordered by the court, | 21 | | within 60 days of the date of service of the order, | 22 | | unless a motion to vacate, modify, or reconsider | 23 | | the order is filed under paragraph (12) of | 24 | | subsection (d) of this Section; | 25 | | (ii) the records of the circuit court clerk | 26 | | shall be impounded until further order of the court |
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| 1 | | upon good cause shown and the name of the | 2 | | petitioner obliterated on the official index | 3 | | required to be kept by the circuit court clerk | 4 | | under Section 16 of the Clerks of Courts Act, but | 5 | | the order shall not affect any index issued by the | 6 | | circuit court clerk before the entry of the order; | 7 | | (iii) the records shall be impounded by the
| 8 | | Department within 60 days of the date of service of | 9 | | the order as ordered by the court, unless a motion | 10 | | to vacate, modify, or reconsider the order is filed | 11 | | under paragraph (12) of subsection (d) of this | 12 | | Section; | 13 | | (iv) records impounded by the Department may | 14 | | be disseminated by the Department only as required | 15 | | by law or to the arresting authority, the State's | 16 | | Attorney, and the court upon a later arrest for the | 17 | | same or a similar offense or for the purpose of | 18 | | sentencing for any subsequent felony, and to the | 19 | | Department of Corrections upon conviction for any | 20 | | offense; and | 21 | | (v) in response to an inquiry for these records | 22 | | from anyone not authorized by law to access the | 23 | | records the court, the Department, or the agency | 24 | | receiving the inquiry shall reply as it does in | 25 | | response to inquiries when no records ever | 26 | | existed. |
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| 1 | | (C) Upon entry of an order to seal records under | 2 | | subsection
(c), the arresting agency, any other agency | 3 | | as ordered by the court, the Department, and the court | 4 | | shall seal the records (as defined in subsection | 5 | | (a)(1)(K)). In response to an inquiry for such records | 6 | | from anyone not authorized by law to access such | 7 | | records the court, the Department, or the agency | 8 | | receiving such inquiry shall reply as it does in | 9 | | response to inquiries when no records ever existed. | 10 | | (10) Fees. The Department may charge the petitioner a | 11 | | fee equivalent to the cost of processing any order to | 12 | | expunge or seal records. Notwithstanding any provision of | 13 | | the Clerks of Courts Act to the contrary, the circuit court | 14 | | clerk may charge a fee equivalent to the cost associated | 15 | | with the sealing or expungement of records by the circuit | 16 | | court clerk. From the total filing fee collected for the | 17 | | petition to seal or expunge, the circuit court clerk shall | 18 | | deposit $10 into the Circuit Court Clerk Operation and | 19 | | Administrative Fund, to be used to offset the costs | 20 | | incurred by the circuit court clerk in performing the | 21 | | additional duties required to serve the petition to seal or | 22 | | expunge on all parties. The circuit court clerk shall | 23 | | collect and forward the Department of State Police portion | 24 | | of the fee to the Department and it shall be deposited in | 25 | | the State Police Services Fund. | 26 | | (11) Final Order. No court order issued under the |
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| 1 | | expungement or sealing provisions of this Section shall | 2 | | become final for purposes of appeal until 30 days after | 3 | | service of the order on the petitioner and all parties | 4 | | entitled to notice of the petition. | 5 | | (12) Motion to Vacate, Modify, or Reconsider. The | 6 | | petitioner or any party entitled to notice may file a | 7 | | motion to vacate, modify, or reconsider the order granting | 8 | | or denying the petition to expunge or seal within 60 days | 9 | | of service of the order. | 10 | | (e) Whenever a person who has been convicted of an offense | 11 | | is granted
a pardon by the Governor which specifically | 12 | | authorizes expungement, he or she may,
upon verified petition | 13 | | to the Chief Judge of the circuit where the person had
been | 14 | | convicted, any judge of the circuit designated by the Chief | 15 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 16 | | presiding trial judge at the
defendant's trial, have a court | 17 | | order entered expunging the record of
arrest from the official | 18 | | records of the arresting authority and order that the
records | 19 | | of the circuit court clerk and the Department be sealed until
| 20 | | further order of the court upon good cause shown or as | 21 | | otherwise provided
herein, and the name of the defendant | 22 | | obliterated from the official index
requested to be kept by the | 23 | | circuit court clerk under Section 16 of the Clerks
of Courts | 24 | | Act in connection with the arrest and conviction for the | 25 | | offense for
which he or she had been pardoned but the order | 26 | | shall not affect any index issued by
the circuit court clerk |
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| 1 | | before the entry of the order. All records sealed by
the | 2 | | Department may be disseminated by the Department only to the | 3 | | arresting authority, the State's Attorney, and the court upon a | 4 | | later
arrest for the same or similar offense or for the purpose | 5 | | of sentencing for any
subsequent felony. Upon conviction for | 6 | | any subsequent offense, the Department
of Corrections shall | 7 | | have access to all sealed records of the Department
pertaining | 8 | | to that individual. Upon entry of the order of expungement, the
| 9 | | circuit court clerk shall promptly mail a copy of the order to | 10 | | the
person who was pardoned. | 11 | | (e-5) Whenever a person who has been convicted of an | 12 | | offense is granted a certificate of eligibility for sealing by | 13 | | the Prisoner Review Board which specifically authorizes | 14 | | sealing, he or she may, upon verified petition to the Chief | 15 | | Judge of the circuit where the person had been convicted, any | 16 | | judge of the circuit designated by the Chief Judge, or in | 17 | | counties of less than 3,000,000 inhabitants, the presiding | 18 | | trial judge at the petitioner's trial, have a court order | 19 | | entered sealing the record of arrest from the official records | 20 | | of the arresting authority and order that the records of the | 21 | | circuit court clerk and the Department be sealed until further | 22 | | order of the court upon good cause shown or as otherwise | 23 | | provided herein, and the name of the petitioner obliterated | 24 | | from the official index requested to be kept by the circuit | 25 | | court clerk under Section 16 of the Clerks of Courts Act in | 26 | | connection with the arrest and conviction for the offense for |
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| 1 | | which he or she had been granted the certificate but the order | 2 | | shall not affect any index issued by the circuit court clerk | 3 | | before the entry of the order. All records sealed by the | 4 | | Department may be disseminated by the Department only as | 5 | | required by this Act or to the arresting authority, a law | 6 | | enforcement agency, the State's Attorney, and the court upon a | 7 | | later arrest for the same or similar offense or for the purpose | 8 | | of sentencing for any subsequent felony. Upon conviction for | 9 | | any subsequent offense, the Department of Corrections shall | 10 | | have access to all sealed records of the Department pertaining | 11 | | to that individual. Upon entry of the order of sealing, the | 12 | | circuit court clerk shall promptly mail a copy of the order to | 13 | | the person who was granted the certificate of eligibility for | 14 | | sealing. | 15 | | (e-6) Whenever a person who has been convicted of an | 16 | | offense is granted a certificate of eligibility for expungement | 17 | | by the Prisoner Review Board which specifically authorizes | 18 | | expungement, he or she may, upon verified petition to the Chief | 19 | | Judge of the circuit where the person had been convicted, any | 20 | | judge of the circuit designated by the Chief Judge, or in | 21 | | counties of less than 3,000,000 inhabitants, the presiding | 22 | | trial judge at the petitioner's trial, have a court order | 23 | | entered expunging the record of arrest from the official | 24 | | records of the arresting authority and order that the records | 25 | | of the circuit court clerk and the Department be sealed until | 26 | | further order of the court upon good cause shown or as |
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| 1 | | otherwise provided herein, and the name of the petitioner | 2 | | obliterated from the official index requested to be kept by the | 3 | | circuit court clerk under Section 16 of the Clerks of Courts | 4 | | Act in connection with the arrest and conviction for the | 5 | | offense for which he or she had been granted the certificate | 6 | | but the order shall not affect any index issued by the circuit | 7 | | court clerk before the entry of the order. All records sealed | 8 | | by the Department may be disseminated by the Department only as | 9 | | required by this Act or to the arresting authority, a law | 10 | | enforcement agency, the State's Attorney, and the court upon a | 11 | | later arrest for the same or similar offense or for the purpose | 12 | | of sentencing for any subsequent felony. Upon conviction for | 13 | | any subsequent offense, the Department of Corrections shall | 14 | | have access to all expunged records of the Department | 15 | | pertaining to that individual. Upon entry of the order of | 16 | | expungement, the circuit court clerk shall promptly mail a copy | 17 | | of the order to the person who was granted the certificate of | 18 | | eligibility for expungement. | 19 | | (f) Subject to available funding, the Illinois Department
| 20 | | of Corrections shall conduct a study of the impact of sealing,
| 21 | | especially on employment and recidivism rates, utilizing a
| 22 | | random sample of those who apply for the sealing of their
| 23 | | criminal records under Public Act 93-211. At the request of the
| 24 | | Illinois Department of Corrections, records of the Illinois
| 25 | | Department of Employment Security shall be utilized as
| 26 | | appropriate to assist in the study. The study shall not
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| 1 | | disclose any data in a manner that would allow the
| 2 | | identification of any particular individual or employing unit.
| 3 | | The study shall be made available to the General Assembly no
| 4 | | later than September 1, 2010.
| 5 | | (Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | 6 | | 96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. | 7 | | 7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, | 8 | | eff. 8-19-11; 97-698, eff, 1-1-13; 97-1026, eff. 1-1-13; | 9 | | 97-1108, eff. 1-1-13; 97-1109, 1-1-13; 97-1118, eff. 1-1-13; | 10 | | 97-1120, eff. 1-1-13; revised 9-20-12.)
| 11 | | (20 ILCS 2630/13)
| 12 | | Sec. 13. Retention and release of sealed records. | 13 | | (a) The Department of State Police shall retain records | 14 | | sealed under
subsection (c) ,, or (e-5) of Section 5.2 or | 15 | | impounded under subparagraph (B) or (B-5) of paragraph (9) of | 16 | | subsection (d) of Section 5.2 and shall release them only as | 17 | | authorized by this Act. Felony records sealed under subsection | 18 | | (c) ,, or (e-5) of Section 5.2 or impounded under subparagraph | 19 | | (B) or (B-5) of paragraph (9) of subsection (d) of Section 5.2
| 20 | | shall be used and
disseminated by the Department only as | 21 | | otherwise specifically required or authorized by a federal or | 22 | | State law, rule, or regulation that requires inquiry into and | 23 | | release of criminal records, including, but not limited to, | 24 | | subsection (A) of Section 3 of this Act. However, all requests | 25 | | for records that have been expunged, sealed, and impounded and |
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| 1 | | the use of those records are subject to the provisions of | 2 | | Section 2-103 of the Illinois Human Rights Act. Upon
conviction | 3 | | for any offense, the Department of Corrections shall have
| 4 | | access to all sealed records of the Department pertaining to | 5 | | that
individual. | 6 | | (b) Notwithstanding the foregoing, all sealed or impounded | 7 | | records are subject to inspection and use by the court and | 8 | | inspection and use by law enforcement agencies and State's | 9 | | Attorneys or other prosecutors in carrying out the duties of | 10 | | their offices.
| 11 | | (c) The sealed or impounded records maintained under | 12 | | subsection (a) are exempt from
disclosure under the Freedom of | 13 | | Information Act. | 14 | | (d) The Department of State Police shall commence the | 15 | | sealing of records of felony arrests and felony convictions | 16 | | pursuant to the provisions of subsection (c) of Section 5.2 of | 17 | | this Act no later than one year from the date that funds have | 18 | | been made available for purposes of establishing the | 19 | | technologies necessary to implement the changes made by this | 20 | | amendatory Act of the 93rd General Assembly.
| 21 | | (Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | 22 | | 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13; revised 9-20-12.)
| 23 | | Section 10. The Unified Code of Corrections is amended by | 24 | | changing Section 3-3-2 as follows:
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| 1 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 2 | | Sec. 3-3-2. Powers and Duties.
| 3 | | (a) The Parole and Pardon Board is abolished and the term | 4 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 5 | | read "Prisoner Review
Board." After the effective date of this | 6 | | amendatory Act of 1977, the
Prisoner Review Board shall provide | 7 | | by rule for the orderly transition of
all files, records, and | 8 | | documents of the Parole and Pardon Board and for
such other | 9 | | steps as may be necessary to effect an orderly transition and | 10 | | shall:
| 11 | | (1) hear by at least one member and through a panel of | 12 | | at least 3 members
decide, cases of prisoners
who were | 13 | | sentenced under the law in effect prior to the effective
| 14 | | date of this amendatory Act of 1977, and who are eligible | 15 | | for parole;
| 16 | | (2) hear by at least one member and through a panel of | 17 | | at least 3 members decide, the conditions of
parole and the | 18 | | time of discharge from parole, impose sanctions for
| 19 | | violations of parole, and revoke
parole for those sentenced | 20 | | under the law in effect prior to this amendatory
Act of | 21 | | 1977; provided that the decision to parole and the | 22 | | conditions of
parole for all prisoners who were sentenced | 23 | | for first degree murder or who
received a minimum sentence | 24 | | of 20 years or more under the law in effect
prior to | 25 | | February 1, 1978 shall be determined by a majority vote of | 26 | | the
Prisoner Review Board. One representative supporting |
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| 1 | | parole and one representative opposing parole will be | 2 | | allowed to speak. Their comments shall be limited to making | 3 | | corrections and filling in omissions to the Board's | 4 | | presentation and discussion;
| 5 | | (3) hear by at least one member and through a panel of | 6 | | at least 3 members decide, the conditions
of mandatory | 7 | | supervised release and the time of discharge from mandatory
| 8 | | supervised release, impose sanctions for violations of | 9 | | mandatory
supervised release, and revoke mandatory | 10 | | supervised release for those
sentenced under the law in | 11 | | effect after the effective date of this
amendatory Act of | 12 | | 1977;
| 13 | | (3.5) hear by at least one member and through a panel | 14 | | of at least 3 members decide, the conditions of mandatory | 15 | | supervised release and the time of discharge from mandatory | 16 | | supervised release, to impose sanctions for violations of | 17 | | mandatory supervised release and revoke mandatory | 18 | | supervised release for those serving extended supervised | 19 | | release terms pursuant to paragraph (4) of subsection (d) | 20 | | of Section 5-8-1;
| 21 | | (4) hear by at least 1 member and through a panel of at | 22 | | least 3
members,
decide cases brought by the Department of | 23 | | Corrections against a prisoner in
the custody of the | 24 | | Department for alleged violation of Department rules
with | 25 | | respect to sentence credits under Section 3-6-3 of this | 26 | | Code
in which the Department seeks to revoke sentence |
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| 1 | | credits, if the amount
of time at issue exceeds 30 days or | 2 | | when, during any 12 month period, the
cumulative amount of | 3 | | credit revoked exceeds 30 days except where the
infraction | 4 | | is committed or discovered within 60 days of scheduled | 5 | | release.
In such cases, the Department of Corrections may | 6 | | revoke up to 30 days of
sentence credit. The Board may | 7 | | subsequently approve the revocation of
additional sentence | 8 | | credit, if the Department seeks to revoke sentence credit | 9 | | in excess of thirty days. However, the Board shall not be
| 10 | | empowered to review the Department's decision with respect | 11 | | to the loss of
30 days of sentence credit for any prisoner | 12 | | or to increase any penalty
beyond the length requested by | 13 | | the Department;
| 14 | | (5) hear by at least one member and through a panel of | 15 | | at least 3
members decide, the
release dates for certain | 16 | | prisoners sentenced under the law in existence
prior to the | 17 | | effective date of this amendatory Act of 1977, in
| 18 | | accordance with Section 3-3-2.1 of this Code;
| 19 | | (6) hear by at least one member and through a panel of | 20 | | at least 3 members
decide, all requests for pardon, | 21 | | reprieve or commutation, and make confidential
| 22 | | recommendations to the Governor;
| 23 | | (7) comply with the requirements of the Open Parole | 24 | | Hearings Act;
| 25 | | (8) hear by at least one member and, through a panel of | 26 | | at least 3
members, decide cases brought by the Department |
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| 1 | | of Corrections against a
prisoner in the custody of the | 2 | | Department for court dismissal of a frivolous
lawsuit | 3 | | pursuant to Section 3-6-3(d) of this Code in which the | 4 | | Department seeks
to revoke up to 180 days of sentence | 5 | | credit, and if the prisoner has not
accumulated 180 days of | 6 | | sentence credit at the time of the dismissal, then
all | 7 | | sentence credit accumulated by the prisoner shall be | 8 | | revoked;
| 9 | | (9) hear by at least 3 members, and, through a panel of | 10 | | at least 3
members, decide whether to grant certificates of | 11 | | relief from
disabilities or certificates of good conduct as | 12 | | provided in Article 5.5 of
Chapter V; and | 13 | | (10) upon a petition by a person who has been convicted | 14 | | of a Class 3 or Class 4 felony and who meets the | 15 | | requirements of this paragraph, hear by at least 3 members | 16 | | and, with the unanimous vote of a panel of 3 members, issue | 17 | | a certificate of eligibility for sealing recommending that | 18 | | the court order the sealing of all official
records of the | 19 | | arresting authority, the circuit court clerk, and the | 20 | | Department of State Police concerning the arrest and | 21 | | conviction for the Class 3 or 4 felony. A person may not | 22 | | apply to the Board for a certificate of eligibility for | 23 | | sealing: | 24 | | (A) until 5 years have elapsed since the expiration | 25 | | of his or her sentence; | 26 | | (B) until 5 years have elapsed since any arrests or |
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| 1 | | detentions by a law enforcement officer for an alleged | 2 | | violation of law, other than a petty offense, traffic | 3 | | offense, conservation offense, or local ordinance | 4 | | offense; | 5 | | (C) if convicted of a violation of the Cannabis | 6 | | Control Act, Illinois Controlled Substances Act, the | 7 | | Methamphetamine Control and Community Protection Act, | 8 | | the Methamphetamine Precursor Control Act, or the | 9 | | Methamphetamine Precursor Tracking Act unless the | 10 | | petitioner has completed a drug abuse program for the | 11 | | offense on which sealing is sought and provides proof | 12 | | that he or she has completed the program successfully; | 13 | | (D) if convicted of: | 14 | | (i) a sex offense described in Article 11 or | 15 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 16 | | the Criminal Code of 1961; | 17 | | (ii) aggravated assault; | 18 | | (iii) aggravated battery; | 19 | | (iv) domestic battery; | 20 | | (v) aggravated domestic battery; | 21 | | (vi) violation of an order of protection; | 22 | | (vii) an offense under the Criminal Code of | 23 | | 1961 involving a firearm; | 24 | | (viii) driving while under the influence of | 25 | | alcohol, other drug or drugs, intoxicating | 26 | | compound or compounds or any combination thereof; |
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| 1 | | (ix) aggravated driving while under the | 2 | | influence of alcohol, other drug or drugs, | 3 | | intoxicating compound or compounds or any | 4 | | combination thereof; or | 5 | | (x) any crime defined as a crime of violence | 6 | | under Section 2 of the Crime Victims Compensation | 7 | | Act. | 8 | | If a person has applied to the Board for a certificate of | 9 | | eligibility for sealing and the Board denies the certificate, | 10 | | the person must wait at least 4 years before filing again or | 11 | | filing for pardon from the Governor unless the Chairman of the | 12 | | Prisoner Review Board grants a waiver. | 13 | | The decision to issue or refrain from issuing a certificate | 14 | | of eligibility for sealing shall be at the Board's sole | 15 | | discretion, and shall not give rise to any cause of action | 16 | | against either the Board or its members. | 17 | | The Board may only authorize the sealing of Class 3 and 4 | 18 | | felony convictions of the petitioner from one information or | 19 | | indictment under this paragraph (10). A petitioner may only | 20 | | receive one certificate of eligibility for sealing under this | 21 | | provision for life ; and .
| 22 | | (11) upon a petition by a person who after having been | 23 | | convicted of a Class 3 or Class 4 felony thereafter served | 24 | | in the United States Armed Forces or National Guard of this | 25 | | or any other state and had received an honorable discharge | 26 | | from the United States Armed Forces or National Guard or |
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| 1 | | who at the time of filing the petition is enlisted in the | 2 | | United States Armed Forces or National Guard of this or any | 3 | | other state and served one tour of duty and who meets the | 4 | | requirements of this paragraph, hear by at least 3 members | 5 | | and, with the unanimous vote of a panel of 3 members, issue | 6 | | a certificate of eligibility for expungement recommending | 7 | | that the court order the expungement of all official
| 8 | | records of the arresting authority, the circuit court | 9 | | clerk, and the Department of State Police concerning the | 10 | | arrest and conviction for the Class 3 or 4 felony. A person | 11 | | may not apply to the Board for a certificate of eligibility | 12 | | for expungement: | 13 | | (A) if convicted of: | 14 | | (i) a sex offense described in Article 11 or | 15 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 16 | | the Criminal Code of 1961 or Criminal Code of 2012; | 17 | | (ii) an offense under the Criminal Code of 1961 | 18 | | or Criminal Code of 2012 involving a firearm; or | 19 | | (iii) a crime of violence as defined in Section | 20 | | 2 of the Crime Victims Compensation Act; or | 21 | | (B) if the person has not served in the United | 22 | | States Armed Forces or National Guard of this or any | 23 | | other state or has not received an honorable discharge | 24 | | from the United States Armed Forces or National Guard | 25 | | of this or any other state or who at the time of the | 26 | | filing of the petition is serving in the United States |
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| 1 | | Armed Forces or National Guard of this or any other | 2 | | state and has not completed one tour of duty. | 3 | | If a person has applied to the Board for a certificate | 4 | | of eligibility for expungement and the Board denies the | 5 | | certificate, the person must wait at least 4 years before | 6 | | filing again or filing for a pardon with authorization for | 7 | | expungement from the Governor unless the Governor or | 8 | | Chairman of the Prisoner Review Board grants a waiver. | 9 | | (a-5) The Prisoner Review Board, with the cooperation of | 10 | | and in
coordination with the Department of Corrections and the | 11 | | Department of Central
Management Services, shall implement a | 12 | | pilot project in 3 correctional
institutions providing for the | 13 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 14 | | (a) of this Section through interactive video conferences.
The
| 15 | | project shall be implemented within 6 months after the | 16 | | effective date of this
amendatory Act of 1996. Within 6 months | 17 | | after the implementation of the pilot
project, the Prisoner | 18 | | Review Board, with the cooperation of and in coordination
with | 19 | | the Department of Corrections and the Department of Central | 20 | | Management
Services, shall report to the Governor and the | 21 | | General Assembly regarding the
use, costs, effectiveness, and | 22 | | future viability of interactive video
conferences for Prisoner | 23 | | Review Board hearings.
| 24 | | (b) Upon recommendation of the Department the Board may | 25 | | restore sentence credit previously revoked.
| 26 | | (c) The Board shall cooperate with the Department in |
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| 1 | | promoting an
effective system of parole and mandatory | 2 | | supervised release.
| 3 | | (d) The Board shall promulgate rules for the conduct of its | 4 | | work,
and the Chairman shall file a copy of such rules and any | 5 | | amendments
thereto with the Director and with the Secretary of | 6 | | State.
| 7 | | (e) The Board shall keep records of all of its official | 8 | | actions and
shall make them accessible in accordance with law | 9 | | and the rules of the
Board.
| 10 | | (f) The Board or one who has allegedly violated the | 11 | | conditions of
his parole or mandatory supervised release may | 12 | | require by subpoena the
attendance and testimony of witnesses | 13 | | and the production of documentary
evidence relating to any | 14 | | matter under investigation or hearing. The
Chairman of the | 15 | | Board may sign subpoenas which shall be served by any
agent or | 16 | | public official authorized by the Chairman of the Board, or by
| 17 | | any person lawfully authorized to serve a subpoena under the | 18 | | laws of the
State of Illinois. The attendance of witnesses, and | 19 | | the production of
documentary evidence, may be required from | 20 | | any place in the State to a
hearing location in the State | 21 | | before the Chairman of the Board or his
designated agent or | 22 | | agents or any duly constituted Committee or
Subcommittee of the | 23 | | Board. Witnesses so summoned shall be paid the same
fees and | 24 | | mileage that are paid witnesses in the circuit courts of the
| 25 | | State, and witnesses whose depositions are taken and the | 26 | | persons taking
those depositions are each entitled to the same |
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| 1 | | fees as are paid for
like services in actions in the circuit | 2 | | courts of the State. Fees and
mileage shall be vouchered for | 3 | | payment when the witness is discharged
from further attendance.
| 4 | | In case of disobedience to a subpoena, the Board may | 5 | | petition any
circuit court of the State for an order requiring | 6 | | the attendance and
testimony of witnesses or the production of | 7 | | documentary evidence or
both. A copy of such petition shall be | 8 | | served by personal service or by
registered or certified mail | 9 | | upon the person who has failed to obey the
subpoena, and such | 10 | | person shall be advised in writing that a hearing
upon the | 11 | | petition will be requested in a court room to be designated in
| 12 | | such notice before the judge hearing motions or extraordinary | 13 | | remedies
at a specified time, on a specified date, not less | 14 | | than 10 nor more than
15 days after the deposit of the copy of | 15 | | the written notice and petition
in the U.S. mails addressed to | 16 | | the person at his last known address or
after the personal | 17 | | service of the copy of the notice and petition upon
such | 18 | | person. The court upon the filing of such a petition, may order | 19 | | the
person refusing to obey the subpoena to appear at an | 20 | | investigation or
hearing, or to there produce documentary | 21 | | evidence, if so ordered, or to
give evidence relative to the | 22 | | subject matter of that investigation or
hearing. Any failure to | 23 | | obey such order of the circuit court may be
punished by that | 24 | | court as a contempt of court.
| 25 | | Each member of the Board and any hearing officer designated | 26 | | by the
Board shall have the power to administer oaths and to |
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| 1 | | take the testimony
of persons under oath.
| 2 | | (g) Except under subsection (a) of this Section, a majority | 3 | | of the
members then appointed to the Prisoner Review Board | 4 | | shall constitute a
quorum for the transaction of all business | 5 | | of the Board.
| 6 | | (h) The Prisoner Review Board shall annually transmit to | 7 | | the
Director a detailed report of its work for the preceding | 8 | | calendar year.
The annual report shall also be transmitted to | 9 | | the Governor for
submission to the Legislature.
| 10 | | (Source: P.A. 96-875, eff. 1-22-10; 97-697, eff. 6-22-12; | 11 | | 97-1120, eff. 1-1-13; revised 9-20-12.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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