Illinois 98th Regular Session Status: Passed Senate 1 D cosponsors

SJR 79 — IJJC - JUVENILE EXPUNGMENT

Last action — Adopted Both Houses

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Request that the Illinois Juvenile Justice Commission summarize available information research on the best practices within the State and across the nation with respect to juvenile record confidentiality, law enforcement recordkeeping, and expungement and make recommendations to the Governor and General Assembly regarding effective policy and practice concerning juvenile record confidentiality and expungement.

Bill Text

What changed in the latest version

85 added · 81 removed

Plain-language change summary

The amendment to SJR 79 adds emphasis on the complications and challenges faced by youth when trying to expunge arrest records that don’t lead to formal charges in juvenile court. This change highlights the fact that many young people are held back from opportunities in education and employment due to these records, which can be disclosed unintentionally. It matters because simplifying the expungement process can help protect the futures of these youths and ensure they are not unfairly penalized for mistakes that did not result in legal consequences.

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*LRB09821477MST59980r* SJ0079 LRB098 21477 MST 59980 r SENATE JOINT RESOLUTION WHEREAS, Tens of thousands of youth who are arrested throughout this State each year are never subject to any formal proceedings in juvenile court;
*LRB09821477MST59980r* 09800SJ0079 Engrossed LRB098 21477 MST 59980 r SENATE JOINT RESOLUTION NO.
79 (As Amended by Senate Amendment No.
1) WHEREAS, Tens of thousands of youth who are arrested throughout this State each year are never subject to any formal proceedings in juvenile court;
and WHEREAS, Increased use of electronic recordkeeping by city, county, State, and federal agencies has compounded the number of ways in which confidential juvenile arrest and court SJ0079 -2- LRB098 21477 MST 59980 r records may be inadvertently disseminated, regardless of expungement;
and WHEREAS, Increased use of electronic recordkeeping by city, county, State, and federal agencies has compounded the 09800SJ0079 Engrossed -2- LRB098 21477 MST 59980 r number of ways in which confidential juvenile arrest and court records may be inadvertently disseminated, regardless of expungement;
and be it further RESOLVED, That the Illinois Juvenile Justice Commission is requested to summarize available information and research on SJ0079 -3- LRB098 21477 MST 59980 r best practices within the State and across the nation with respect to juvenile record confidentiality, law enforcement recordkeeping, and expungement, including but not limited to the following:
and be it further RESOLVED, That the Illinois Juvenile Justice Commission is 09800SJ0079 Engrossed -3- LRB098 21477 MST 59980 r requested to summarize available information and research on best practices within the State and across the nation with respect to juvenile record confidentiality, law enforcement recordkeeping, and expungement, including but not limited to the following:
2) The effect of private background check industry growth, including internet-based arrest publishing and removal companies, on juvenile records confidentiality and expungement;
2) The confidentiality of all records to actual or alleged violations of traffic, boating, or fish and game laws, or municipal or county ordinances by minors under 18 years of age;
3) The relationship between confidentiality and expungement and public safety;
3) The effect of private background check industry growth, including internet-based arrest publishing and removal companies, on juvenile records confidentiality and expungement;
and 4) The impact of expungement on the lives and wellbeing of youth;
4) The relationship between confidentiality and expungement and public safety;
and be it further RESOLVED, That local law enforcement, county clerks, judges, prosecutors, defense attorneys, school officials, probation offices, diversion program providers, background check providers, and prospective employers and other end-users of background information are encouraged to participate in this study as well as to review their own policies concerning juvenile record confidentiality;
and 5) The impact of expungement on the lives and wellbeing of youth;
and be it further SJ0079 -4- LRB098 21477 MST 59980 r RESOLVED, That the Illinois Juvenile Justice Commission is requested to submit the report by March 1, 2016 and to catalog the progress of expungement again on March 1, 2017 to the Governor and General Assembly with its recommendations and suggested statutory changes;
and be it further RESOLVED, That local law enforcement, county clerks, judges, prosecutors, defense attorneys, school officials, 09800SJ0079 Engrossed -4- LRB098 21477 MST 59980 r probation offices, diversion program providers, background check providers, and prospective employers and other end-users of background information are encouraged to participate in this study as well as to review their own policies concerning juvenile record confidentiality;
and be it further RESOLVED, That a copy of this resolution shall be presented to the Director of the Administrative Office of the Illinois Courts, the Executive Director of the Office of the State's Attorneys Appellate Prosecutor, the Office of the State Appellate Defender, the President of the Illinois Sheriff's Association, and the Executive Director of the Illinois Juvenile Justice Commission who are each encouraged to share this resolution with their membership.
and be it further RESOLVED, That the Illinois Juvenile Justice Commission is requested to submit the report by March 1, 2016 and to catalog the progress of expungement again on March 1, 2017 to the Governor and General Assembly with its recommendations and suggested statutory changes;
and be it further RESOLVED, That a copy of this resolution shall be presented to the Director of the Administrative Office of the Illinois Courts, the Executive Director of the Office of the State's Attorneys Appellate Prosecutor, the Office of the State Appellate Defender, the President of the Illinois Sheriffs' Association, and the Executive Director of the Illinois Juvenile Justice Commission, who are each encouraged to share this resolution with their membership.
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Action History

  1. Adopted Both Houses

  2. Added Alternate Co-Sponsor Rep. Esther Golar

  3. Added Alternate Co-Sponsor Rep. Camille Y. Lilly

  4. Resolution Adopted 111-000-000

  5. Placed on Calendar Order of Resolutions

  6. Recommends Be Adopted Judiciary; 016-000-000

  7. Motion to Suspend Rule 21 - Prevailed by Voice Vote

  8. Motion Filed to Suspend Rule 21 Judiciary; Rep. Barbara Flynn Currie

  9. Assigned to Judiciary

  10. Referred to Rules Committee

  11. Chief House Sponsor Rep. Arthur Turner

  12. Arrived in House

  13. Resolution Adopted as Amended 057-000-000

  14. Placed on Calendar Order of Secretary's Desk Resolutions November 19, 2014

  15. Approved for Consideration Assignments

  16. Pursuant to Senate Rule 3-9(b) / Referred to Assignments

  17. Placed on Calendar Order of Secretary's Desk Resolutions May 29, 2014

  18. Be Adopted as Amended Executive; 015-000-000

  19. Senate Committee Amendment No. 1 Adopted

  20. Senate Committee Amendment No. 1 Assignments Refers to Executive

  21. Senate Committee Amendment No. 1 Referred to Assignments

  22. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul

  23. Assigned to Executive

  24. Referred to Assignments

  25. Filed with Secretary

Sponsors

  • Kwame Raoul · Cosponsor
  • Camille Y. Lilly · Cosponsor
  • Esther Golar · Cosponsor

Sponsorship breakdown

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0 sponsors · 3 co-sponsors · 180 not signed on

Sponsors (0)

None.

Co-sponsors (3)

Not signed on (180)

180 members have not signed on to this bill.

Show all 180 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 111 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 78005
Democrat 27000
Republican 6002
Total 111007
% of votes cast 94%0%0%6%
How each member voted (118)
Member Party Vote
Madigan — Yea
Acevedo — Yea
Anthony — Yea
Arroyo — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Bost — Yea
Brauer — Yea
Brown — Yea
McAsey — Yea
Drury — Yea
Jakobsson — Yea
Jesiel — Yea
Kosel — Yea
Lang — Yea
Leitch — Yea
Senger — Yea
Dunkin — Yea
McAuliffe — Yea
McSweeney — Yea
Moffitt — Yea
Nekritz — Yea
Pihos — Yea
Bradley — Yea
Brady — Yea
Sente — Yea
Stewart — Yea
Tabares — Yea
Thapedi — Yea
Sullivan — Yea
Mitchell, Bill — Yea
Burke, Daniel — Yea
Mitchell, Christian — Yea
Tryon — Yea
Burke, Kelly — Yea
Turner — Yea
Unes — Yea
Verschoore — Yea
Harris, David — Yea
Wallace — Yea
Harris, Greg — Yea
Hernandez — Yea
Wheeler — Yea
Cavaletto — Yea
Cloonen — Yea
Conroy — Yea
Costello — Yea
Cross — Yea
Flowers — Yea
Fortner — Yea
Golar — Yea
Harms — Yea
Hatcher — Yea
Hurley — Yea
Williams — Yea
Davis, Monique — Yea
Jones — Yea
Willis — Yea
Yingling — Yea
Zalewski — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Durkin — Not Voting
Franks — Not Voting
Hays — Not Voting
Ives — Yea
Jackson — Yea
Kay — Yea
Phelps — Yea
Poe — Not Voting
Pritchard — Yea
Reboletti — Not Voting
Reis — Yea
Riley — Yea
Sandack — Yea
Schmitz — Yea
Smiddy — Yea
Sommer — Yea
Soto — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
William "Will" Davis Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Not Voting
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Not Voting
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Official roll call →

Motion To Adopt

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 41002
Democrat 13000
Republican 3000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Kotowski — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Hutchinson — Yea
Link — Yea
Manar — Yea
McCann — Yea
McCarter — Yea
McConnaughay — Yea
Mulroe — Yea
Muñoz — Yea
Radogno — Yea
Silverstein — Yea
Harris — Yea
Steans — Yea
Brady — Yea
McGuire — Yea
Jacobs — Yea
Sullivan — Yea
Clayborne — Yea
Connelly — Yea
Frerichs — Yea
Haine — Yea
Cullerton, T. — Yea
Cullerton — Yea
LaHood — Yea
Landek — Yea
Luechtefeld — Not Voting
Noland — Yea
Oberweis — Yea
Trotter — Yea
Bush — Not Voting
Duffy — Yea
Forby — Yea
Nybo — Yea
Raoul — Yea
Righter — Yea
Sandoval — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SJR 79 do?
Request that the Illinois Juvenile Justice Commission summarize available information research on the best practices within the State and across the nation with respect to juvenile record confidentiality, law enforcement recordkeeping, and expungement and make recommendations to the Governor and General Assembly regarding effective policy and practice concerning juvenile record confidentiality and expungement.
Who sponsors SJR 79?
SJR 79 is sponsored by Kwame Raoul, Camille Y. Lilly (Democrat), and Esther Golar.
What is the current status of SJR 79?
This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SJR 79?
Track SJR 79 free on One Click Politics — get push/email alerts when it moves.

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