House Sponsors: HOWARD-DAVIS,MONIQUE-BEAUBIEN-SOTO-MURPHY, TURNER,ART, JONES,LOU, MORROW, YARBROUGH, YOUNGE, DELGADO, FLOWERS, HAMOS, RYAN, MCKEON, BELLOCK, GARRETT, OSMOND AND MILLER. Senate Sponsors: TROTTER Short description: CRIM ID-EXPUNGE Synopsis of Bill as introduced: Amends the Criminal Identification Act. Provides for the automatic expungement and sealing of arrest and conviction records of a person convicted of a crime if the conviction is reversed because of actual innocence. Effective immediately. JUDICIAL NOTE (Office of the Illinois Courts) The bill would neither decrease nor increase the number of judges needed in the State. HOUSE AMENDMENT NO. 1. Deletes provision that the court must make a finding that the person was actually innocent of the crime for which he or she was convicted in order for the defendant's record to be expunged. FISCAL NOTE, H-AM 1 (Office of the Illinois Courts) Although the duty to expunge would appear to conflict with the need to conduct further proceedings in a case that is reversed and remanded, it is not anticipated that the amended bill would have a significant fiscal impact on the judicial branch. JUDICIAL NOTE, H-AM 1 (Office of the Illinois Courts) This bill would neither increase nor decrease the number of judges needed in the State. CORRECTIONS NOTE, H-AM 1 (Department of Corrections) There is no corrections population or fiscal impact on the Department. HOUSE AMENDMENT NO. 2. Adds reference to: 730 ILCS 5/5-5-4 from Ch. 38, par. 1005-5-4 Deletes everything after the enacting clause. Amends the Criminal Identification Act and the Unified Code of Corrections. Provides that if a conviction or sentence has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the defendant was factually innocent of the charge, the court shall enter an order expunging the record of arrest from the official records of the arresting authority and order that the records of the clerk of the circuit court and Department of State Police be sealed until further order of the court upon good cause shown and the name of the defendant obliterated from the official index kept by the circuit clerk. Effective immediately. HOUSE AMENDMENT NO. 3. Adds reference to: 725 ILCS 105/10.6 new Amends the State Appellate Defender Act. Provides that the State Appellate Defender shall establish, maintain, and carry out an Expungement Program to provide information and assistance to persons eligible to have their arrest or criminal history record information ordered expunged, sealed or impounded. Provides that the State Appellate Defender shall develop brochures, pamphlets and other materials in printed form and through the agency's World Wide Web site that include at a minimum the following information: (1) an explanation of the State's expungement process; (2) the circumstances under which expungements may occur; (3) the criminal offenses that may be expunged; (4) the steps necessary to initiate and complete the expungement process; and (5) directions on how to contact the State Appellate Defender. Provides that the State Appellate Defender shall establish and maintain a statewide toll-free telephone number that a person may use to receive information or assistance concerning the expungement or sealing of arrest or criminal history record information. Provides that the State Appellate Defender shall compile a statewide list of volunteer attorneys willing to assist eligible individuals through the expungement process. Provides that the Program shall be implemented from funds appropriated to the State Appellate Defender for this purpose. Last action on Bill: SESSION SINE DIE Last action date: JAN-07-2003 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 3 SENATE - 0 END OF INQUIRY Full Text Bill Status