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91_SB1571ham001
LRB9112749RCmbam01
1 AMENDMENT TO SENATE BILL 1571
2 AMENDMENT NO. . Amend Senate Bill 1571 on page 1, by
3 replacing line 1 with the following:
4 "AN ACT in relation to weapons."; and
5 on page 1, by inserting between lines 3 and 4 the following:
6 "ARTICLE I
7 Section 1-1. Purpose.
8 (1) The General Assembly finds and declares that:
9 (i) Public Act 88-680, effective January 1, 1995,
10 contained provisions amending various criminal statutes.
11 Public Act 88-680 also contained other provisions.
12 (ii) In addition, Public Act 88-680 was entitled
13 "AN ACT to create a Safe Neighborhoods Law". (A) Article
14 5 was entitled JUVENILE JUSTICE and amended the Juvenile
15 Court Act of 1987. (B) Article 15 was entitled GANGS and
16 amended various provisions of the Criminal Code of 1961
17 and the Unified Code of Corrections. (C) Article 20 was
18 entitled ALCOHOL ABUSE and amended various provisions of
19 the Illinois Vehicle Code. (D) Article 25 was entitled
20 DRUG ABUSE and amended the Cannabis Control Act and the
21 Illinois Controlled Substances Act. (E) Article 30 was
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1 entitled FIREARMS and amended the Criminal Code of 1961
2 and the Code of Criminal Procedure of 1963. (F) Article
3 35 amended the Criminal Code of 1961, the Rights of Crime
4 Victims and Witnesses Act, and the Unified Code of
5 Corrections. (G) Article 40 amended the Criminal Code of
6 1961 to increase the penalty for compelling organization
7 membership of persons. (H) Article 45 created the Secure
8 Residential Youth Care Facility Licensing Act and amended
9 the State Finance Act, the Juvenile Court Act of 1987,
10 the Unified Code of Corrections, and the Private
11 Correctional Facility Moratorium Act. (I) Article 50
12 amended the WIC Vendor Management Act, the Firearm Owners
13 Identification Card Act, the Juvenile Court Act of 1987,
14 the Criminal Code of 1961, the Wrongs to Children Act,
15 and the Unified Code of Corrections.
16 (iii) On December 2, 1999, the Illinois Supreme
17 Court, in People v. Cervantes, Docket No. 87229, ruled
18 that Public Act 88-680 violates the single subject clause
19 of the Illinois Constitution (Article IV, Section 8 (d))
20 and was unconstitutional in its entirety.
21 (iv) The criminal provisions of Public Act 88-680
22 are of vital concern to the people of this State and
23 legislative action concerning various criminal provisions
24 of Public Act 88-680 is necessary.
25 (2) It is the purpose of this Article I to re-enact
26 Section 24-1 of the Criminal Code of 1961 contained in Public
27 Act 88-680, including subsequent amendments. This
28 re-enactment is intended to remove any question as to the
29 validity or content of those provisions.
30 (3) This Article I re-enacts Section 24-1 of the
31 Criminal Code of 1961 contained in Public Act 88-680,
32 including subsequent amendments, to remove any question as to
33 the validity or content of those provisions; it is not
34 intended to supersede any other Public Act that amends the
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1 text of the Sections as set forth in this Act. The material
2 is shown as existing text (i.e., without underscoring),
3 except (i) for technical changes having a revisory function
4 and (ii) as provided in subsection (4).
5 (4) In addition to re-enacting Section 24-1 of the
6 Criminal Code of 1961, this Article I amends that Section.
7 This Article I also amends the Criminal Identification Act by
8 changing Section 5. The amendments are shown by underscoring
9 and striking text.
10 Section 1-5. The Criminal Code of 1961 is amended by
11 re-enacting and changing Section 24-1 as follows:
12 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
13 Sec. 24-1. Unlawful Use of Weapons.
14 (a) A person commits the offense of unlawful use of
15 weapons when he knowingly:
16 (1) Sells, manufactures, purchases, possesses or
17 carries any bludgeon, black-jack, slung-shot, sand-club,
18 sand-bag, metal knuckles, throwing star, or any knife,
19 commonly referred to as a switchblade knife, which has a
20 blade that opens automatically by hand pressure applied
21 to a button, spring or other device in the handle of the
22 knife, or a ballistic knife, which is a device that
23 propels a knifelike blade as a projectile by means of a
24 coil spring, elastic material or compressed gas; or
25 (2) Carries or possesses with intent to use the
26 same unlawfully against another, a dagger, dirk, billy,
27 dangerous knife, razor, stiletto, broken bottle or other
28 piece of glass, stun gun or taser or any other dangerous
29 or deadly weapon or instrument of like character; or
30 (3) Carries on or about his person or in any
31 vehicle, a tear gas gun projector or bomb or any object
32 containing noxious liquid gas or substance, other than an
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1 object containing a non-lethal noxious liquid gas or
2 substance designed solely for personal defense carried by
3 a person 18 years of age or older; or
4 (4) Carries or possesses in any vehicle or
5 concealed on or about his person except when on his land
6 or in his own abode or fixed place of business any
7 pistol, revolver, stun gun or taser or other firearm,
8 except that this subsection (a)(4) does not apply to or
9 affect transportation of weapons that:
10 (i) are broken down in a non-functioning
11 state; or
12 (ii) are not immediately accessible; or
13 (iii) are unloaded and enclosed in a case,
14 firearm carrying box, shipping box, or other
15 container by the possessor of a valid Firearm
16 Owner's Identification Card; or
17 (5) Sets a spring gun; or
18 (6) Possesses any device or attachment of any kind
19 designed, used or intended for use in silencing the
20 report of any firearm; or
21 (7) Sells, manufactures, purchases, possesses or
22 carries:
23 (i) a machine gun, which shall be defined for
24 the purposes of this subsection as any weapon, which
25 shoots, is designed to shoot, or can be readily
26 restored to shoot, automatically more than one shot
27 without manually reloading by a single function of
28 the trigger, including the frame or receiver of any
29 such weapon, or sells, manufactures, purchases,
30 possesses, or carries any combination of parts
31 designed or intended for use in converting any
32 weapon into a machine gun, or any combination or
33 parts from which a machine gun can be assembled if
34 such parts are in the possession or under the
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1 control of a person;
2 (ii) any rifle having one or more barrels less
3 than 16 inches in length or a shotgun having one or
4 more barrels less than 18 inches in length or any
5 weapon made from a rifle or shotgun, whether by
6 alteration, modification, or otherwise, if such a
7 weapon as modified has an overall length of less
8 than 26 inches; or
9 (iii) any bomb, bomb-shell, grenade, bottle or
10 other container containing an explosive substance of
11 over one-quarter ounce for like purposes, such as,
12 but not limited to, black powder bombs and Molotov
13 cocktails or artillery projectiles; or
14 (8) Carries or possesses any firearm, stun gun or
15 taser or other deadly weapon in any place which is
16 licensed to sell intoxicating beverages, or at any public
17 gathering held pursuant to a license issued by any
18 governmental body or any public gathering at which an
19 admission is charged, excluding a place where a showing,
20 demonstration or lecture involving the exhibition of
21 unloaded firearms is conducted; or
22 (9) Carries or possesses in a vehicle or on or
23 about his person any pistol, revolver, stun gun or taser
24 or firearm or ballistic knife, when he is hooded, robed
25 or masked in such manner as to conceal his identity; or
26 (10) Carries or possesses on or about his person,
27 upon any public street, alley, or other public lands
28 within the corporate limits of a city, village or
29 incorporated town, except when an invitee thereon or
30 therein, for the purpose of the display of such weapon or
31 the lawful commerce in weapons, or except when on his
32 land or in his own abode or fixed place of business, any
33 pistol, revolver, stun gun or taser or other firearm,
34 except that this subsection (a)(10) does not apply to or
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1 affect transportation of weapons that:
2 (i) are broken down in a non-functioning
3 state; or
4 (ii) are not immediately accessible; or
5 (iii) are unloaded and enclosed in a case,
6 firearm carrying box, shipping box, or other
7 container by the possessor of a valid Firearm
8 Owner's Identification Card.
9 A "stun gun or taser", as used in this paragraph (a)
10 means (i) any device which is powered by electrical
11 charging units, such as, batteries, and which fires one
12 or several barbs attached to a length of wire and which,
13 upon hitting a human, can send out a current capable of
14 disrupting the person's nervous system in such a manner
15 as to render him incapable of normal functioning or (ii)
16 any device which is powered by electrical charging units,
17 such as batteries, and which, upon contact with a human
18 or clothing worn by a human, can send out current capable
19 of disrupting the person's nervous system in such a
20 manner as to render him incapable of normal functioning;
21 or
22 (11) Sells, manufactures or purchases any explosive
23 bullet. For purposes of this paragraph (a) "explosive
24 bullet" means the projectile portion of an ammunition
25 cartridge which contains or carries an explosive charge
26 which will explode upon contact with the flesh of a human
27 or an animal. "Cartridge" means a tubular metal case
28 having a projectile affixed at the front thereof and a
29 cap or primer at the rear end thereof, with the
30 propellant contained in such tube between the projectile
31 and the cap; or
32 (12) (Blank).
33 (b) Sentence. A person convicted of a violation of
34 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
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1 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
2 Class A misdemeanor. A person convicted of a violation of
3 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
4 Class 4 felony; a person convicted of a violation of
5 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
6 Class 3 felony. A person convicted of a violation of
7 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
8 weapon is possessed in the passenger compartment of a motor
9 vehicle as defined in Section 1-146 of the Illinois Vehicle
10 Code, or on the person, while the weapon is loaded, in which
11 case it shall be a Class X felony. A person convicted of a
12 second or subsequent violation of subsection 24-1(a)(4),
13 24-1(a)(9), or 24-1(a)(10) or a person convicted of a
14 violation of subsection 24-1(a)(4) or 24-1(a)(10) who has
15 previously been sentenced to probation under subsection (b-5)
16 of this Section commits a Class 3 felony.
17 (b-5) Probation.
18 (1) Whenever a person pleads guilty to or is found
19 guilty of a violation of subsection 24-1(a)(4) or 24-1(a)
20 (10) of this Section, the court, without entering
21 judgment, shall place the person on probation under the
22 terms of this subsection (b-5) unless:
23 (A) the person has been convicted of any
24 offense relating to the unlawful use or possession
25 of a firearm or of any offense classified as a
26 felony in this or any other jurisdiction;
27 (B) within 2 years preceding the date of the
28 current offense, the person has been convicted of or
29 given supervision for a Class A misdemeanor, other
30 than a misdemeanor traffic-related offense;
31 (C) within 5 years preceding the date of the
32 current offense, the person has been adjudicated
33 delinquent for any forcible felony, Class 2 or
34 greater felony, or any offense relating to the
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1 unlawful use or possession of a firearm under the
2 laws of this State or similar laws of any other
3 jurisdiction; or
4 (D) the person is not the holder of a valid
5 Firearm Owner's Identification Card at the time the
6 offense is committed.
7 Upon objection of the State's Attorney, the burden
8 shall be on the State's Attorney to show sufficient cause
9 to overcome the presumption of probation. The objection
10 of the State's Attorney alone shall not be sufficient to
11 overcome the presumption of probation.
12 The court shall specify on the record the
13 particular evidence, information, or other reasons that
14 form the basis of its sentence.
15 (2) When a person is placed on probation, the court
16 shall enter an order specifying a period of not less than
17 6 months nor more than 12 months probation and shall
18 defer further proceedings in the case until the
19 conclusion of the period or until the filing of a
20 petition alleging violation of a term or condition of
21 probation.
22 (3) The conditions of probation shall be that the
23 person:
24 (i) not violate any criminal statute of any
25 jurisdiction other than a municipal ordinance;
26 (ii) perform no less than 30 hours of
27 community service, provided community service is
28 available in the jurisdiction and is funded and
29 approved by the county board.
30 (4) The court may, in addition to other conditions,
31 require that the person:
32 (i) make a report to and appear in person
33 before or participate with the court or courts,
34 person, or social service agency as directed by the
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1 court in the order of probation;
2 (ii) pay a fine and costs.
3 (5) Upon violation of a term or condition of
4 probation, the court may enter a judgment on its original
5 finding of guilt and proceed as otherwise provided.
6 (6) Upon fulfillment of the terms and conditions of
7 probation, the court shall discharge the person and
8 dismiss the proceedings against him or her.
9 (7) A disposition of probation is considered to be
10 a conviction for the purposes of imposing the conditions
11 of probation and for appeal; however, discharge and
12 dismissal under this subsection (b-5) is not a conviction
13 for purposes of this Code or for purposes of
14 disqualifications or disabilities imposed by law upon
15 conviction of a crime. During the period of probation,
16 the person shall not be considered under indictment or
17 otherwise charged with a crime. If, however, the person
18 is convicted of any forcible felony or any offense under
19 Article 24 of the Criminal Code of 1961 within 5 years of
20 a discharge and dismissal under this subsection (b-5),
21 the discharge and dismissal shall be admissible in the
22 sentencing proceeding for that conviction as evidence in
23 aggravation.
24 (8) There may be only one discharge and dismissal
25 under this subsection (b-5) with respect to any person.
26 (9) Nothing in this subsection (b-5) prohibits the
27 imposition of a sentence under Article 6 of Chapter V of
28 the Unified Code of Corrections in the case of a person
29 who is not eligible for probation under this subsection
30 (b-5).
31 (c) Violations in specific places.
32 (1) A person who violates subsection 24-1(a)(6) or
33 24-1(a)(7) in any school, regardless of the time of day
34 or the time of year, in residential property owned,
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1 operated or managed by a public housing agency or leased
2 by a public housing agency as part of a scattered site or
3 mixed-income development, in a public park, in a
4 courthouse, on the real property comprising any school,
5 regardless of the time of day or the time of year, on
6 residential property owned, operated or managed by a
7 public housing agency or leased by a public housing
8 agency as part of a scattered site or mixed-income
9 development, on the real property comprising any public
10 park, on the real property comprising any courthouse, in
11 any conveyance owned, leased or contracted by a school to
12 transport students to or from school or a school related
13 activity, or on any public way within 1,000 feet of the
14 real property comprising any school, public park,
15 courthouse, or residential property owned, operated, or
16 managed by a public housing agency or leased by a public
17 housing agency as part of a scattered site or
18 mixed-income development commits a Class 2 felony.
19 (1.5) A person who violates subsection 24-1(a)(4),
20 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
21 the time of day or the time of year, in residential
22 property owned, operated, or managed by a public housing
23 agency or leased by a public housing agency as part of a
24 scattered site or mixed-income development, in a public
25 park, in a courthouse, on the real property comprising
26 any school, regardless of the time of day or the time of
27 year, on residential property owned, operated, or managed
28 by a public housing agency or leased by a public housing
29 agency as part of a scattered site or mixed-income
30 development, on the real property comprising any public
31 park, on the real property comprising any courthouse, in
32 any conveyance owned, leased, or contracted by a school
33 to transport students to or from school or a school
34 related activity, or on any public way within 1,000 feet
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1 of the real property comprising any school, public park,
2 courthouse, or residential property owned, operated, or
3 managed by a public housing agency or leased by a public
4 housing agency as part of a scattered site or
5 mixed-income development commits a Class 3 felony.
6 (2) A person who violates subsection 24-1(a)(1),
7 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
8 the time of day or the time of year, in residential
9 property owned, operated or managed by a public housing
10 agency or leased by a public housing agency as part of a
11 scattered site or mixed-income development, in a public
12 park, in a courthouse, on the real property comprising
13 any school, regardless of the time of day or the time of
14 year, on residential property owned, operated or managed
15 by a public housing agency or leased by a public housing
16 agency as part of a scattered site or mixed-income
17 development, on the real property comprising any public
18 park, on the real property comprising any courthouse, in
19 any conveyance owned, leased or contracted by a school to
20 transport students to or from school or a school related
21 activity, or on any public way within 1,000 feet of the
22 real property comprising any school, public park,
23 courthouse, or residential property owned, operated, or
24 managed by a public housing agency or leased by a public
25 housing agency as part of a scattered site or
26 mixed-income development commits a Class 4 felony.
27 "Courthouse" means any building that is used by the
28 Circuit, Appellate, or Supreme Court of this State for
29 the conduct of official business.
30 (3) Paragraphs (1), (1.5), and (2) of this
31 subsection (c) shall not apply to law enforcement
32 officers or security officers of such school, college, or
33 university or to students carrying or possessing firearms
34 for use in training courses, parades, hunting, target
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1 shooting on school ranges, or otherwise with the consent
2 of school authorities and which firearms are transported
3 unloaded enclosed in a suitable case, box, or
4 transportation package.
5 (4) For the purposes of this subsection (c),
6 "school" means any public or private elementary or
7 secondary school, community college, college, or
8 university.
9 (d) The presence in an automobile other than a public
10 omnibus of any weapon, instrument or substance referred to in
11 subsection (a)(7) is prima facie evidence that it is in the
12 possession of, and is being carried by, all persons occupying
13 such automobile at the time such weapon, instrument or
14 substance is found, except under the following circumstances:
15 (i) if such weapon, instrument or instrumentality is found
16 upon the person of one of the occupants therein; or (ii) if
17 such weapon, instrument or substance is found in an
18 automobile operated for hire by a duly licensed driver in the
19 due, lawful and proper pursuit of his trade, then such
20 presumption shall not apply to the driver.
21 (e) Exemptions. Crossbows, Common or Compound bows and
22 Underwater Spearguns are exempted from the definition of
23 ballistic knife as defined in paragraph (1) of subsection (a)
24 of this Section.
25 (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99.)
26 Section 1-10. The Criminal Identification Act is amended
27 by changing Section 5 as follows:
28 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
29 Sec. 5. Arrest reports; expungement.
30 (a) All policing bodies of this State shall furnish to
31 the Department, daily, in the form and detail the Department
32 requires, fingerprints and descriptions of all persons who
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1 are arrested on charges of violating any penal statute of
2 this State for offenses that are classified as felonies and
3 Class A or B misdemeanors and of all minors of the age of 10
4 and over who have been arrested for an offense which would be
5 a felony if committed by an adult, and may forward such
6 fingerprints and descriptions for minors arrested for Class A
7 or B misdemeanors. Moving or nonmoving traffic violations
8 under the Illinois Vehicle Code shall not be reported except
9 for violations of Chapter 4, Section 11-204.1, or Section
10 11-501 of that Code. In addition, conservation offenses, as
11 defined in the Supreme Court Rule 501(c), that are classified
12 as Class B misdemeanors shall not be reported.
13 Whenever an adult or minor prosecuted as an adult, not
14 having previously been convicted of any criminal offense or
15 municipal ordinance violation, charged with a violation of a
16 municipal ordinance or a felony or misdemeanor, is acquitted
17 or released without being convicted, whether the acquittal or
18 release occurred before, on, or after the effective date of
19 this amendatory Act of 1991, the Chief Judge of the circuit
20 wherein the charge was brought, any judge of that circuit
21 designated by the Chief Judge, or in counties of less than
22 3,000,000 inhabitants, the presiding trial judge at the
23 defendant's trial may upon verified petition of the defendant
24 order the record of arrest expunged from the official records
25 of the arresting authority and the Department and order that
26 the records of the clerk of the circuit court be sealed until
27 further order of the court upon good cause shown and the name
28 of the defendant obliterated on the official index required
29 to be kept by the circuit court clerk under Section 16 of the
30 Clerks of Courts Act, but the order shall not affect any
31 index issued by the circuit court clerk before the entry of
32 the order. The Department may charge the petitioner a fee
33 equivalent to the cost of processing any order to expunge or
34 seal the records, and the fee shall be deposited into the
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1 State Police Services Fund. The records of those arrests,
2 however, that result in a disposition of supervision for any
3 offense shall not be expunged from the records of the
4 arresting authority or the Department nor impounded by the
5 court until 2 years after discharge and dismissal of
6 supervision. Those records that result from a supervision
7 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
8 11-503 of the Illinois Vehicle Code or a similar provision of
9 a local ordinance, or for a violation of Section 12-3.2,
10 12-15 or 16A-3 of the Criminal Code of 1961, or probation
11 under Section 10 of the Cannabis Control Act, Section 410 of
12 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
13 and (2) of the Criminal Code of 1961 (as those provisions
14 existed before their deletion by Public Act 89-313), Section
15 10-102 of the Illinois Alcoholism and Other Drug Dependency
16 Act when the judgment of conviction has been vacated, Section
17 40-10 of the Alcoholism and Other Drug Abuse and Dependency
18 Act when the judgment of conviction has been vacated, or
19 Section 10 of the Steroid Control Act shall not be expunged
20 from the records of the arresting authority nor impounded by
21 the court until 5 years after termination of probation or
22 supervision. Those records that result from a supervision
23 for a violation of Section 11-501 of the Illinois Vehicle
24 Code or a similar provision of a local ordinance, shall not
25 be expunged. All records set out above may be ordered by the
26 court to be expunged from the records of the arresting
27 authority and impounded by the court after 5 years, but shall
28 not be expunged by the Department, but shall, on court order
29 be sealed by the Department and may be disseminated by the
30 Department only as required by law or to the arresting
31 authority, the State's Attorney, and the court upon a later
32 arrest for the same or a similar offense or for the purpose
33 of sentencing for any subsequent felony. Upon conviction for
34 any offense, the Department of Corrections shall have access
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1 to all sealed records of the Department pertaining to that
2 individual.
3 (a-5) Those records maintained by the Department for
4 persons arrested prior to their 17th birthday shall be
5 expunged as provided in Section 5-915 of the Juvenile Court
6 Act of 1987.
7 (b) Whenever a person has been convicted of a crime or
8 of the violation of a municipal ordinance, in the name of a
9 person whose identity he has stolen or otherwise come into
10 possession of, the aggrieved person from whom the identity
11 was stolen or otherwise obtained without authorization, upon
12 learning of the person having been arrested using his
13 identity, may, upon verified petition to the chief judge of
14 the circuit wherein the arrest was made, have a court order
15 entered nunc pro tunc by the chief judge to correct the
16 arrest record, conviction record, if any, and all official
17 records of the arresting authority, the Department, other
18 criminal justice agencies, the prosecutor, and the trial
19 court concerning such arrest, if any, by removing his name
20 from all such records in connection with the arrest and
21 conviction, if any, and by inserting in the records the name
22 of the offender, if known or ascertainable, in lieu of the
23 has name. The records of the clerk of the circuit court
24 clerk shall be sealed until further order of the court upon
25 good cause shown and the name of the aggrieved person
26 obliterated on the official index required to be kept by the
27 circuit court clerk under Section 16 of the Clerks of Courts
28 Act, but the order shall not affect any index issued by the
29 circuit court clerk before the entry of the order. Nothing in
30 this Section shall limit the Department of State Police or
31 other criminal justice agencies or prosecutors from listing
32 under an offender's name the false names he or she has used.
33 For purposes of this Section, convictions for moving and
34 nonmoving traffic violations other than convictions for
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1 violations of Chapter 4, Section 11-204.1 or Section 11-501
2 of the Illinois Vehicle Code shall not be a bar to expunging
3 the record of arrest and court records for violation of a
4 misdemeanor or municipal ordinance.
5 (c) Whenever a person who has been convicted of an
6 offense is granted a pardon by the Governor which
7 specifically authorizes expungement, he may, upon verified
8 petition to the chief judge of the circuit where the person
9 had been convicted, any judge of the circuit designated by
10 the Chief Judge, or in counties of less than 3,000,000
11 inhabitants, the presiding trial judge at the defendant's
12 trial, may have a court order entered expunging the record of
13 arrest from the official records of the arresting authority
14 and order that the records of the clerk of the circuit court
15 and the Department be sealed until further order of the court
16 upon good cause shown or as otherwise provided herein, and
17 the name of the defendant obliterated from the official index
18 requested to be kept by the circuit court clerk under Section
19 16 of the Clerks of Courts Act in connection with the arrest
20 and conviction for the offense for which he had been pardoned
21 but the order shall not affect any index issued by the
22 circuit court clerk before the entry of the order. All
23 records sealed by the Department may be disseminated by the
24 Department only as required by law or to the arresting
25 authority, the State's Attorney, and the court upon a later
26 arrest for the same or similar offense or for the purpose of
27 sentencing for any subsequent felony. Upon conviction for
28 any subsequent offense, the Department of Corrections shall
29 have access to all sealed records of the Department
30 pertaining to that individual. Upon entry of the order of
31 expungement, the clerk of the circuit court shall promptly
32 mail a copy of the order to the person who was pardoned.
33 (c-5) Whenever a person has been convicted of criminal
34 sexual assault, aggravated criminal sexual assault, predatory
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1 criminal sexual assault of a child, criminal sexual abuse, or
2 aggravated criminal sexual abuse, the victim of that offense
3 may request that the State's Attorney of the county in which
4 the conviction occurred file a verified petition with the
5 presiding trial judge at the defendant's trial to have a
6 court order entered to seal the records of the clerk of the
7 circuit court in connection with the proceedings of the trial
8 court concerning that offense. However, the records of the
9 arresting authority and the Department of State Police
10 concerning the offense shall not be sealed. The court, upon
11 good cause shown, shall make the records of the clerk of the
12 circuit court in connection with the proceedings of the trial
13 court concerning the offense available for public inspection.
14 (d) Notice of the petition for subsections (a), (b), and
15 (c) shall be served upon the State's Attorney or prosecutor
16 charged with the duty of prosecuting the offense, the
17 Department of State Police, the arresting agency and the
18 chief legal officer of the unit of local government affecting
19 the arrest. Unless the State's Attorney or prosecutor, the
20 Department of State Police, the arresting agency or such
21 chief legal officer objects to the petition within 30 days
22 from the date of the notice, the court shall enter an order
23 granting or denying the petition. The clerk of the court
24 shall promptly mail a copy of the order to the person, the
25 arresting agency, the prosecutor, the Department of State
26 Police and such other criminal justice agencies as may be
27 ordered by the judge.
28 (e) Nothing herein shall prevent the Department of State
29 Police from maintaining all records of any person who is
30 admitted to probation upon terms and conditions and who
31 fulfills those terms and conditions pursuant to Section 10 of
32 the Cannabis Control Act, Section 410 of the Illinois
33 Controlled Substances Act, Section 12-4.3 of the Criminal
34 Code of 1961, Section 10-102 of the Illinois Alcoholism and
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1 Other Drug Dependency Act, Section 40-10 of the Alcoholism
2 and Other Drug Abuse and Dependency Act, or Section 10 of the
3 Steroid Control Act.
4 (f) No court order issued pursuant to the expungement
5 provisions of this Section shall become final for purposes of
6 appeal until 30 days after notice is received by the
7 Department. Any court order contrary to the provisions of
8 this Section is void.
9 (g) Except as otherwise provided in subsection (c-5) of
10 this Section, the court shall not order the sealing or
11 expungement of the arrest records and records of the circuit
12 court clerk of any person granted supervision for or
13 convicted of any sexual offense committed against a minor
14 under 18 years of age. For the purposes of this Section,
15 "sexual offense committed against a minor" includes but is
16 not limited to the offenses of indecent solicitation of a
17 child or criminal sexual abuse when the victim of such
18 offense is under 18 years of age.
19 (h) Notwithstanding any other provision of this Section,
20 one year after a discharge and dismissal under subsection
21 (b-5) of Section 24-1 of the Criminal Code of 1961, the court
22 shall upon verified petition of the defendant order the
23 record of arrest expunged from the official records of the
24 arresting authority and sealed by the Department and order
25 that the records of the clerk of the circuit court be sealed
26 until further order of the court upon good cause shown and
27 the name of the defendant obliterated on the official
28 index required to be kept by the circuit court clerk under
29 Section 16 of the Clerks of Courts Act, unless the State's
30 Attorney files an objection. If the State's Attorney files
31 an objection, the court shall set a hearing and notify all
32 parties. After the hearing, the court shall determine
33 whether good cause exists for the expungement and enter an
34 order in accordance with its findings. The order shall not
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1 affect any index issued by the circuit court clerk before the
2 entry of the order. The Department may charge the
3 petitioner a fee equivalent to the cost of processing
4 any order, and the fee shall be deposited into the State
5 Police Services Fund. All records sealed by the Department
6 may be disseminated by the Department only as required by law
7 or to the arresting authority, the State's Attorney, and the
8 court upon a later arrest for the same or a similar offense
9 or for the purpose of sentencing for any subsequent
10 felony. Upon conviction for any offense, the Department of
11 Corrections shall have access to all sealed records of the
12 Department pertaining to that individual.
13 (Source: P.A. 90-590, eff. 1-1-00; 91-295, eff. 1-1-00;
14 91-357, eff. 7-29-99.)
15 ARTICLE II"; and
16 on page 1, line 4, by changing "Section 5" to "Section 2-5";
17 and
18 on page 2, line 17, by changing "Section 10" to "Section
19 2-10"; and
20 on page 3, by inserting after line 17 the following:
21 "ARTICLE III
22 Section 3-1. This Act takes effect upon becoming law.".