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90_HB3359
20 ILCS 2630/2.1 from Ch. 38, par. 206-2.1
20 ILCS 2630/5 from Ch. 38, par. 206-5
725 ILCS 5/107-12 from Ch. 38, par. 107-12
Amends the Criminal Identification Act and the Code of
Criminal Procedure of 1963. Provides that a notice to appear
issued instead of an arrest shall be treated as an arrest.
Provides that with the approval of the Department of State
Police, an agency issuing notices to appear for certain
offenses may enter into arrangements with other agencies for
the purpose of obtaining fingerprints, charges, and
descriptions at or before the person's first court
appearance. Provides that for certain offenses, the court
shall order a law enforcement agency to fingerprint all
persons appearing before the court who have not previously
been fingerprinted for the same case. Provides that a notice
to appear for certain offenses shall request that the person
report to a law enforcement agency for fingerprinting at a
designated time and place before or at the first court
appearance.
LRB9007943MWpc
LRB9007943MWpc
1 AN ACT concerning notices to appear, amending named Acts.
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 2.1 and 5 as follows:
6 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
7 Sec. 2.1. For the purpose of maintaining complete and
8 accurate criminal records of the Department of State Police,
9 it is necessary for all policing bodies of this State, the
10 clerk of the circuit court, the Illinois Department of
11 Corrections, the sheriff of each county, and State's Attorney
12 of each county to submit certain criminal arrest, charge, and
13 disposition information to the Department for filing at the
14 earliest time possible. Unless otherwise noted herein, it
15 shall be the duty of all policing bodies of this State, the
16 clerk of the circuit court, the Illinois Department of
17 Corrections, the sheriff of each county, and the State's
18 Attorney of each county to report such information as
19 provided in this Section, both in the form and manner
20 required by the Department and within 30 days of the criminal
21 history event. For purposes of this Act, a notice to appear
22 issued instead of an arrest under Section 107-12 of the Code
23 of Criminal Procedure of 1963 shall be treated as an arrest,
24 unless otherwise noted herein. Specifically:
25 (a) Arrest Information. All agencies making arrests or
26 issuing notices to appear for offenses which are required by
27 statute to be collected, maintained or disseminated by the
28 Department of State Police shall be responsible for
29 furnishing daily to the Department fingerprints, charges, and
30 descriptions of all persons who are arrested for such
31 offenses. All such agencies shall also notify the Department
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1 of all decisions by the arresting agency not to refer such
2 arrests for prosecution. With approval of the Department, an
3 agency making such arrests may enter into arrangements with
4 other agencies for the purpose of furnishing daily such
5 fingerprints, charges, and descriptions to the Department
6 upon its behalf. With approval of the Department, an agency
7 issuing notices to appear instead of an arrest under Section
8 107-12 of the Code of Criminal Procedure of 1963 for offenses
9 that are required to be collected, maintained, or
10 disseminated by the Department may enter into arrangements
11 with other agencies for the purpose of obtaining, at or
12 before the person's first court appearance, fingerprints,
13 charges, and descriptions of all persons who are issued a
14 notice to appear for those offenses, and for forwarding that
15 information to the Department daily.
16 (b) Charge Information. The State's Attorney of each
17 county shall notify the Department of all charges filed,
18 including all those added subsequent to the filing of a case,
19 and whether charges were not filed in cases for which the
20 Department has received information required to be reported
21 pursuant to paragraph (a) of this Section. With approval of
22 the Department, the State's Attorney may enter into
23 arrangements with other agencies for the purpose of
24 furnishing the information required by this subsection (b) to
25 the Department upon the State's Attorney's behalf.
26 (c) Disposition Information. The clerk of the circuit
27 court of each county shall furnish the Department, in the
28 form and manner required by the Supreme Court, with all final
29 dispositions of cases for which the Department has received
30 information required to be reported pursuant to paragraphs
31 (a) or (d) of this Section. Such information shall include,
32 for each charge, all (1) judgments of not guilty, judgments
33 of guilty including the sentence pronounced by the court,
34 discharges and dismissals in the court; (2) reviewing court
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1 orders filed with the clerk of the circuit court which
2 reverse or remand a reported conviction or vacate or modify a
3 sentence; (3) continuances to a date certain in furtherance
4 of an order of supervision granted under Section 5-6-1 of the
5 Unified Code of Corrections or an order of probation granted
6 under Section 10 of the Cannabis Control Act, Section 410 of
7 the Illinois Controlled Substances Act, Section 12-4.3 of the
8 Criminal Code of 1961, Section 10-102 of the Illinois
9 Alcoholism and Other Drug Dependency Act, Section 40-10 of
10 the Alcoholism and Other Drug Abuse and Dependency Act, or
11 Section 10 of the Steroid Control Act; and (4) judgments
12 terminating or revoking a sentence to probation, supervision
13 or conditional discharge and any resentencing after such
14 revocation.
15 (d) Fingerprints Before After Sentencing.
16 (1) For any offense that is required by statute to
17 be collected, maintained, or disseminated by the
18 Department of State Police, the State's Attorney of each
19 county shall ask the court to order, and the court shall
20 order, a law enforcement agency to fingerprint
21 immediately all persons appearing before the court who
22 have not previously been fingerprinted for the same case.
23 The fingerprints shall be ordered before After the court
24 pronounces sentence, or issues an order of supervision or
25 an order of probation granted under Section 10 of the
26 Cannabis Control Act, Section 410 of the Illinois
27 Controlled Substances Act, Section 12-4.3 of the Criminal
28 Code of 1961, Section 10-102 of the Illinois Alcoholism
29 and Other Drug Dependency Act, Section 40-10 of the
30 Alcoholism and Other Drug Abuse and Dependency Act, or
31 Section 10 of the Steroid Control Act, for any offense
32 which is required by statute to be collected, maintained,
33 or disseminated by the Department of State Police, the
34 State's Attorney of each county shall ask the court to
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1 order a law enforcement agency to fingerprint immediately
2 all persons appearing before the court who have not
3 previously been fingerprinted for the same case. The
4 court shall so order the requested fingerprinting, if it
5 determines that any such person has not previously been
6 fingerprinted for the same case. The law enforcement
7 agency shall submit such fingerprints to the Department
8 daily.
9 (2) After the court pronounces sentence for any
10 offense which is not required by statute to be collected,
11 maintained, or disseminated by the Department of State
12 Police, the prosecuting attorney may ask the court to
13 order a law enforcement agency to fingerprint immediately
14 all persons appearing before the court who have not
15 previously been fingerprinted for the same case. The
16 court may so order the requested fingerprinting, if it
17 determines that any so sentenced person has not
18 previously been fingerprinted for the same case. The law
19 enforcement agency may retain such fingerprints in its
20 files.
21 (e) Corrections Information. The Illinois Department of
22 Corrections and the sheriff of each county shall furnish the
23 Department with all information concerning the receipt,
24 escape, execution, death, release, pardon, parole,
25 commutation of sentence, granting of executive clemency or
26 discharge of an individual who has been sentenced to the
27 agency's custody for any offenses which are mandated by
28 statute to be collected, maintained or disseminated by the
29 Department of State Police. For an individual who has been
30 charged with any such offense and who escapes from custody or
31 dies while in custody, all information concerning the receipt
32 and escape or death, whichever is appropriate, shall also be
33 so furnished to the Department.
34 (Source: P.A. 88-538; 88-670, eff. 12-2-94.)
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1 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
2 Sec. 5. Arrest reports; expungement.
3 (a) All policing bodies of this State shall furnish to
4 the Department, daily, in the form and detail the Department
5 requires, fingerprints and descriptions of all persons who
6 are arrested or issued a notice to appear on charges of
7 violating any penal statute of this State for offenses that
8 are classified as felonies and Class A or B misdemeanors and
9 of all minors who have been arrested or taken into custody
10 before their 17th birthday for an offense that if committed
11 by an adult would constitute the offense of unlawful use of
12 weapons under Article 24 of the Criminal Code of 1961, a
13 forcible felony as defined in Section 2-8 of the Criminal
14 Code of 1961, or a Class 2 or greater felony under the
15 Cannabis Control Act, the Illinois Controlled Substances Act,
16 or Chapter 4 of the Illinois Vehicle Code. With approval of
17 the Department, a policing body issuing a notice to appear to
18 a person instead of an arrest under Section 107-12 of the
19 Code of Criminal Procedure of 1963 for those offenses may
20 enter into arrangements with other agencies for the purpose
21 of obtaining, at or before the person's first court
22 appearance, fingerprints, charges, and descriptions of the
23 person, and for furnishing that information to the Department
24 daily, in the form and detail the Department requires.
25 Moving or nonmoving traffic violations under the Illinois
26 Vehicle Code shall not be reported except for violations of
27 Chapter 4, Section 11-204.1, or Section 11-501 of that Code.
28 In addition, conservation offenses, as defined in the Supreme
29 Court Rule 501(c), that are classified as Class B
30 misdemeanors shall not be reported.
31 Whenever an adult or minor prosecuted as an adult, not
32 having previously been convicted of any criminal offense or
33 municipal ordinance violation, charged with a violation of a
34 municipal ordinance or a felony or misdemeanor, is acquitted
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1 or released without being convicted, whether the acquittal or
2 release occurred before, on, or after the effective date of
3 this amendatory Act of 1991, the Chief Judge of the circuit
4 wherein the charge was brought, any judge of that circuit
5 designated by the Chief Judge, or in counties of less than
6 3,000,000 inhabitants, the presiding trial judge at the
7 defendant's trial may upon verified petition of the defendant
8 order the record of arrest expunged from the official records
9 of the arresting authority and the Department and order that
10 the records of the clerk of the circuit court be sealed until
11 further order of the court upon good cause shown and the name
12 of the defendant obliterated on the official index required
13 to be kept by the circuit court clerk under Section 16 of the
14 Clerks of Courts Act, but the order shall not affect any
15 index issued by the circuit court clerk before the entry of
16 the order. The Department may charge the petitioner a fee
17 equivalent to the cost of processing any order to expunge or
18 seal the records, and the fee shall be deposited into the
19 State Police Services Fund. The records of those arrests,
20 however, that result in a disposition of supervision for any
21 offense shall not be expunged from the records of the
22 arresting authority or the Department nor impounded by the
23 court until 2 years after discharge and dismissal of
24 supervision. Those records that result from a supervision
25 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
26 11-503 of the Illinois Vehicle Code or a similar provision of
27 a local ordinance, or for a violation of Section 12-3.2,
28 12-15 or 16A-3 of the Criminal Code of 1961, or probation
29 under Section 10 of the Cannabis Control Act, Section 410 of
30 the Illinois Controlled Substances Act, Section 12-4.3 b(1)
31 and (2) of the Criminal Code of 1961, Section 10-102 of the
32 Illinois Alcoholism and Other Drug Dependency Act when the
33 judgment of conviction has been vacated, Section 40-10 of the
34 Alcoholism and Other Drug Abuse and Dependency Act when the
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1 judgment of conviction has been vacated, or Section 10 of the
2 Steroid Control Act shall not be expunged from the records of
3 the arresting authority nor impounded by the court until 5
4 years after termination of probation or supervision. Those
5 records that result from a supervision for a violation of
6 Section 11-501 of the Illinois Vehicle Code or a similar
7 provision of a local ordinance, shall not be expunged. All
8 records set out above may be ordered by the court to be
9 expunged from the records of the arresting authority and
10 impounded by the court after 5 years, but shall not be
11 expunged by the Department, but shall, on court order be
12 sealed by the Department and may be disseminated by the
13 Department only as required by law or to the arresting
14 authority, the State's Attorney, and the court upon a later
15 arrest for the same or a similar offense or for the purpose
16 of sentencing for any subsequent felony. Upon conviction for
17 any offense, the Department of Corrections shall have access
18 to all sealed records of the Department pertaining to that
19 individual.
20 (b) Whenever a person has been convicted of a crime or
21 of the violation of a municipal ordinance, in the name of a
22 person whose identity he has stolen or otherwise come into
23 possession of, the aggrieved person from whom the identity
24 was stolen or otherwise obtained without authorization, upon
25 learning of the person having been arrested using his
26 identity, may, upon verified petition to the chief judge of
27 the circuit wherein the arrest was made, have a court order
28 entered nunc pro tunc by the chief judge to correct the
29 arrest record, conviction record, if any, and all official
30 records of the arresting authority, the Department, other
31 criminal justice agencies, the prosecutor, and the trial
32 court concerning such arrest, if any, by removing his name
33 from all such records in connection with the arrest and
34 conviction, if any, and by inserting in the records the name
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1 of the offender, if known or ascertainable, in lieu of the
2 aggrieved's name. The records of the clerk of the circuit
3 court clerk shall be sealed until further order of the court
4 upon good cause shown and the name of the aggrieved person
5 obliterated on the official index required to be kept by the
6 circuit court clerk under Section 16 of the Clerks of Courts
7 Act, but the order shall not affect any index issued by the
8 circuit court clerk before the entry of the order. Nothing in
9 this Section shall limit the Department of State Police or
10 other criminal justice agencies or prosecutors from listing
11 under an offender's name the false names he or she has used.
12 For purposes of this Section, convictions for moving and
13 nonmoving traffic violations other than convictions for
14 violations of Chapter 4, Section 11-204.1 or Section 11-501
15 of the Illinois Vehicle Code shall not be a bar to expunging
16 the record of arrest and court records for violation of a
17 misdemeanor or municipal ordinance.
18 (c) Whenever a person who has been convicted of an
19 offense is granted a pardon by the Governor which
20 specifically authorizes expungement, he may, upon verified
21 petition to the chief judge of the circuit where the person
22 had been convicted, any judge of the circuit designated by
23 the Chief Judge, or in counties of less than 3,000,000
24 inhabitants, the presiding trial judge at the defendant's
25 trial, may have a court order entered expunging the record of
26 arrest from the official records of the arresting authority
27 and order that the records of the clerk of the circuit court
28 and the Department be sealed until further order of the court
29 upon good cause shown or as otherwise provided herein, and
30 the name of the defendant obliterated from the official index
31 requested to be kept by the circuit court clerk under Section
32 16 of the Clerks of Courts Act in connection with the arrest
33 and conviction for the offense for which he had been pardoned
34 but the order shall not affect any index issued by the
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1 circuit court clerk before the entry of the order. All
2 records sealed by the Department may be disseminated by the
3 Department only as required by law or to the arresting
4 authority, the States Attorney, and the court upon a later
5 arrest for the same or similar offense or for the purpose of
6 sentencing for any subsequent felony. Upon conviction for
7 any subsequent offense, the Department of Corrections shall
8 have access to all sealed records of the Department
9 pertaining to that individual. Upon entry of the order of
10 expungement, the clerk of the circuit court shall promptly
11 mail a copy of the order to the person who was pardoned.
12 (d) Notice of the petition for subsections (a), (b), and
13 (c) shall be served upon the State's Attorney or prosecutor
14 charged with the duty of prosecuting the offense, the
15 Department of State Police, the arresting agency and the
16 chief legal officer of the unit of local government affecting
17 the arrest. Unless the State's Attorney or prosecutor, the
18 Department of State Police, the arresting agency or such
19 chief legal officer objects to the petition within 30 days
20 from the date of the notice, the court shall enter an order
21 granting or denying the petition. The clerk of the court
22 shall promptly mail a copy of the order to the person, the
23 arresting agency, the prosecutor, the Department of State
24 Police and such other criminal justice agencies as may be
25 ordered by the judge.
26 (e) Nothing herein shall prevent the Department of State
27 Police from maintaining all records of any person who is
28 admitted to probation upon terms and conditions and who
29 fulfills those terms and conditions pursuant to Section 10 of
30 the Cannabis Control Act, Section 410 of the Illinois
31 Controlled Substances Act, Section 12-4.3 of the Criminal
32 Code of 1961, Section 10-102 of the Illinois Alcoholism and
33 Other Drug Dependency Act, Section 40-10 of the Alcoholism
34 and Other Drug Abuse and Dependency Act, or Section 10 of the
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1 Steroid Control Act.
2 (f) No court order issued pursuant to the expungement
3 provisions of this Section shall become final for purposes of
4 appeal until 30 days after notice is received by the
5 Department. Any court order contrary to the provisions of
6 this Section is void.
7 (g) The court shall not order the sealing or expungement
8 of the arrest records and records of the circuit court clerk
9 of any person granted supervision for or convicted of any
10 sexual offense committed against a minor under 18 years of
11 age. For the purposes of this Section, "sexual offense
12 committed against a minor" includes but is not limited to the
13 offenses of indecent solicitation of a child or criminal
14 sexual abuse when the victim of such offense is under 18
15 years of age.
16 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
17 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
18 Section 10. The Code of Criminal Procedure of 1963 is
19 amended by changing Section 107-12 as follows:
20 (725 ILCS 5/107-12) (from Ch. 38, par. 107-12)
21 Sec. 107-12. Notice to appear.
22 (a) Whenever a peace officer is authorized to arrest a
23 person without a warrant he may instead issue to such person
24 a notice to appear.
25 (b) The notice shall:
26 (1) Be in writing;
27 (2) State the name of the person and his address, if
28 known;
29 (3) Set forth the nature of the offense;
30 (4) Be signed by the officer issuing the notice; and
31 (5) Request the person to appear before a court at a
32 certain time and place; and.
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1 (6) If applicable, request the person to report to a law
2 enforcement agency for fingerprinting at a designated time
3 and place before or at the first court appearance, if the
4 offense is required to be reported to the Department of State
5 Police under the Criminal Identification Act.
6 (c) Upon failure of the person to appear a summons or
7 warrant of arrest may issue.
8 (d) In any case in which a person is arrested for a
9 Class C misdemeanor or a petty offense and remanded to the
10 sheriff other than pursuant to a court order, the sheriff may
11 issue such person a notice to appear.
12 (Source: P.A. 83-693.)