HB 5017 — JUV CT-EXPUNGE-NON ADJUD&MIS
Last action — Public Act . . . . . . . . . 99-0835
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 08, 2016. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Juvenile Court Act of 1987. Provides that whenever a person has been arrested, charged, or adjudicated delinquent for an incident occurring before his or her 18th birthday that if committed by an adult would be an offense, the person may petition the court at any time for expungement of law enforcement records and juvenile court records relating to the incident and upon termination of all juvenile court proceedings relating to that incident, the court shall order the expungement of all records in the possession of the Department of State Police, the clerk of the circuit court, and law enforcement agencies relating to the incident, but only in any of the following circumstances: (1) the minor was arrested and no petition for delinquency was filed with the clerk of the circuit court; (2) the minor was charged with an offense and the petition or petitions were dismissed without a finding of delinquency; (3) the minor was charged with an offense and was found not delinquent of that offense; (4) the minor was placed under supervision, and the order of supervision has since been successfully terminated; or (5) the minor was adjudicated for an offense which would be a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult. Provides that no objection may be filed to a petition under this provision.
Bill Text
What changed in the latest version
24 added · 24 removedPlain-language change summary
The changes to Bill HB 5017 involve replacing the term "Engrossed" with "Enrolled" in all references throughout the document. This adjustment is significant because it reflects the bill moving to its final stage before becoming law, indicating that all necessary revisions have been made and that it is now ready for official enactment. This change signals progress in the legislative process and assures the public that the bill is on track for approval.
HB5017 EngrossedEnrolled LRB099 15629 RLC 43319 b AN ACT concerning courts.
(1) Whenever a person has been arrested, charged, or adjudicated delinquent for an incident occurring before his or her 18th birthday that if committed by an adult would be an HB5017 EngrossedEnrolled - 2 - LRB099 15629 RLC 43319 b offense, the person may petition the court at any time for expungement of law enforcement records and juvenile court records relating to the incident and upon termination of any person has attained the age of 18 or whenever all juvenile court proceedings relating to that incident, the court shall order the expungement of all records in the possession of the Department of State Police, the clerk of the circuit court, and law enforcement agencies relating to the incident, that person have been terminated, whichever is later, the person may petition the court to expunge law enforcement records relating to incidents occurring before his or her 18th birthday or his or her juvenile court records, or both, but only in any of the following circumstances:
or (d) the minor was adjudicated for an offense which would be a Class B misdemeanor, Class C misdemeanor, or a HB5017 EngrossedEnrolled - 3 - LRB099 15629 RLC 43319 b petty or business offense if committed by an adult.
The Department of State Police shall provide by rule the HB5017 EngrossedEnrolled - 4 - LRB099 15629 RLC 43319 b process for access, review, and automatic expungement.
The HB5017 EngrossedEnrolled - 5 - LRB099 15629 RLC 43319 b Department of State Police shall provide by rule the process for access, review, and Request for Expungement of Juvenile Law Enforcement Records.
or (b) 5 years have elapsed since all juvenile court HB5017 EngrossedEnrolled - 6 - LRB099 15629 RLC 43319 b proceedings relating to him or her have been terminated or his or her commitment to the Department of Juvenile Justice pursuant to this Act has been terminated;
or if a minor is adjudicated for an HB5017 EngrossedEnrolled - 7 - LRB099 15629 RLC 43319 b offense that would be a Class B misdemeanor, a Class C misdemeanor, or a business or petty offense if committed by an adult;
HB5017 EngrossedEnrolled - 8 - LRB099 15629 RLC 43319 b (2.7) For counties with a population over 3,000,000, the clerk of the circuit court shall send a "Notification of a Possible Right to Expungement" post card to the minor at the address last received by the clerk of the circuit court on the date that the minor attains the age of 18 based on the birthdate provided to the court by the minor or his or her guardian in cases under paragraphs (b), (c), and (d) of subsection (1);
) ) ...................) (Name of Petitioner) PETITION TO EXPUNGE JUVENILE RECORDS (705 ILCS 405/5-915 (SUBSECTION 1)) Now comes ............., petitioner, and respectfully requests that this Honorable Court enter an order expunging all juvenile HB5017 EngrossedEnrolled - 9 - LRB099 15629 RLC 43319 b law enforcement and court records of petitioner and in support thereof states that:
HB5017 EngrossedEnrolled - 10 - LRB099 15629 RLC 43319 b Disposition/Result:
Petitioner (Signature) HB5017 EngrossedEnrolled - 11 - LRB099 15629 RLC 43319 b The Petition for Expungement for subsection (2) shall be substantially in the following form:
and The incident for which the Petitioner seeks expungement occurred before the Petitioner's 18th birthday and the HB5017 EngrossedEnrolled - 12 - LRB099 15629 RLC 43319 b adjudication was not based upon first-degree murder or sex offenses which would be felonies if committed by an adult, and the Petitioner has not had any convictions for any crime since his/her 18th birthday.
HB5017 EngrossedEnrolled - 13 - LRB099 15629 RLC 43319 b .......................
Petitioner (Signature) (3) The chief judge of the circuit in which an arrest was made or a charge was brought or any judge of that circuit designated by the chief judge may, upon verified petition of a person who is the subject of an arrest or a juvenile court proceeding under subsection (1) or (2) of this Section, order the law enforcement records or official court file, or both, to be expunged from the official records of the arresting authority, the clerk of the circuit court and the Department of HB5017 EngrossedEnrolled - 14 - LRB099 15629 RLC 43319 b State Police.
IN THE CIRCUIT COURT OF ....., ILLINOIS HB5017 EngrossedEnrolled - 15 - LRB099 15629 RLC 43319 b ....
Expungement You are hereby notified that on ....., at ....., in courtroom ..., located at ..., before the Honorable ..., Judge, or any judge sitting in his/her stead, I shall then and there present HB5017 EngrossedEnrolled - 16 - LRB099 15629 RLC 43319 b a Petition to Expunge Juvenile records in the above-entitled matter, at which time and place you may appear.
Signature Clerk of the Circuit Court or Deputy Clerk HB5017 EngrossedEnrolled - 17 - LRB099 15629 RLC 43319 b Printed Name of Delinquent Minor/Petitioner:
The Illinois State Police Bureau of Identification and the following law enforcement agencies expunge all records HB5017 EngrossedEnrolled - 18 - LRB099 15629 RLC 43319 b of petitioner relating to an arrest dated ......
) ) ...................) (Name of Petitioner) HB5017 EngrossedEnrolled - 19 - LRB099 15629 RLC 43319 b NOTICE OF OBJECTION TO:(Attorney, Public Defender, Minor) .................................
The agency checked above respectfully requests that this case be continued and set for hearing on whether the expungement HB5017 EngrossedEnrolled - 20 - LRB099 15629 RLC 43319 b should or should not be granted.
HB5017 EngrossedEnrolled - 21 - LRB099 15629 RLC 43319 b Date:
(7)(a) The State Appellate Defender shall establish, maintain, and carry out, by December 31, 2004, a juvenile HB5017 EngrossedEnrolled - 22 - LRB099 15629 RLC 43319 b expungement program to provide information and assistance to minors eligible to have their juvenile records expunged.
The State Appellate Defender shall develop an expungement information packet that may be sent to eligible persons seeking expungement of their juvenile records, which may include, but is not limited to, a pre-printed expungement petition with instructions on how to complete the petition and a pamphlet containing information that would assist individuals through HB5017 EngrossedEnrolled - 23 - LRB099 15629 RLC 43319 b the juvenile expungement process.
(b) A person whose juvenile records have been expunged is HB5017 EngrossedEnrolled - 24 - LRB099 15629 RLC 43319 b not entitled to remission of any fines, costs, or other money paid as a consequence of expungement.
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill amends the Juvenile Court Act to enhance the process for expungement of juvenile law enforcement and court records, including automatic expungement provisions.
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705 ILCS 405/5-915
for whenever all juvenile court proceedings relating to that incident, the court shall order the expungement of all records in the possession of the Department of State Police, the clerk of the circuit court, and law enforcement agencies relating to the incident, that person have been terminated, whichever is later, the person may petition the court to expunge law enforcement records relating to incidents occurring before his or her 18th birthday or his or her juvenile court records, or both, but only in any of the following circumstances:→ whenever all juvenile court proceedings relating to that incident have been terminated, the court shall order the expungement of all records in the possession of the Department of State Police, the clerk of the circuit court, and law enforcement agencies relating to the incident. A person may petition the court to expunge law enforcement records relating to incidents occurring before his or her 18th birthday or his or her juvenile court records, or both, but only in any of the following circumstances:This change clarifies the conditions under which a person may petition the court for expungement after juvenile court proceedings have concluded.
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705 ILCS 405/5-915
Commencing 180 days after the effective date of this amendatory Act of the 98th General Assembly, the Department of State Police shall automatically expunge, on or before January 1 of each year, a person's law enforcement records which are not subject to subsection (1) relating to incidents occurring before his or her 18th birthday in the Department's possession or control and which contains the final disposition which pertain to the person when arrested as a minor if:→ Commencing on the effective date of this amendatory Act of the 98th General Assembly, the Department of State Police shall automatically expunge, on or before January 1 of each year, a person's law enforcement records which are not subject to subsection (1) relating to incidents occurring before his or her 18th birthday in the Department's possession or control and which contain the final disposition that pertain to the person when arrested as a minor if:The change updates the automatic expungement provision to take effect immediately rather than after 180 days.
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705 ILCS 405/5-915
the minor was arrested for an eligible offense and no petition for delinquency was filed with the clerk of the circuit court; and→ the minor was arrested for an eligible offense and no petition for delinquency was filed with the clerk of the circuit court;This change clarifies the eligibility conditions for automatic expungement.
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705 ILCS 405/5-915
Nothing in this Section 5-915 precludes a minor from obtaining expungement under Section 5-622.→ Nothing in this Section precludes a minor from obtaining expungement under Section 5-622.This change removes the duplicated reference to Section 5-622.
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705 ILCS 405/5-915
the petition for expungement for subsection (1) may include multiple offenses on the same petition and shall be substantially in the following form:→ The petition for expungement under subsection (1) may include multiple offenses in one petition and shall be in the following form:This change clarifies the language around submitting multiple offenses in a single petition for expungement.
Action History
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Public Act . . . . . . . . . 99-0835
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Effective Date January 1, 2017
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Passed; 037-010-000
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Added as Alternate Chief Co-Sponsor Sen. Mattie Hunter
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Added as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
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Placed on Calendar Order of 3rd Reading May 18, 2016
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Second Reading
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Placed on Calendar Order of 2nd Reading May 12, 2016
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Do Pass Criminal Law; 008-000-003
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Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
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Assigned to Criminal Law
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Referred to Assignments
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First Reading
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Chief Senate Sponsor Sen. Kwame Raoul
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Placed on Calendar Order of First Reading
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Arrive in Senate
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Third Reading - Short Debate - Passed 066-048-000
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Added Co-Sponsor Rep. William Davis
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 1 Adopted
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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Added Co-Sponsor Rep. Eddie Lee Jackson, Sr.
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Added Co-Sponsor Rep. Sonya M. Harper
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House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
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House Floor Amendment No. 1 Referred to Rules Committee
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House Floor Amendment No. 1 Filed with Clerk by Rep. Barbara Wheeler
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Added Co-Sponsor Rep. Will Guzzardi
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Added Chief Co-Sponsor Rep. La Shawn K. Ford
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Added Chief Co-Sponsor Rep. Mary E. Flowers
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Restorative Justice Committee; 010-000-000
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Added Chief Co-Sponsor Rep. Kelly M. Cassidy
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Added Chief Co-Sponsor Rep. Ron Sandack
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Assigned to Restorative Justice Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Barbara Wheeler
Sponsors
- Barbara Wheeler · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 17 voted No
Sponsors (0)
None.
Co-sponsors (1)
- Barbara Wheeler
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 25 | 6 | 0 | 8 |
| Republican | 2 | 3 | 0 | 1 |
| Democrat | 10 | 1 | 0 | 3 |
| Total | 37 | 10 | 0 | 12 |
| % of votes cast | 63% | 17% | 0% | 20% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Link | — | Yea |
| Manar | — | Yea |
| Althoff | — | Not Voting |
| Barickman | — | Nay |
| Bertino-Tarrant | — | Not Voting |
| Biss | — | Yea |
| Bivins | — | Nay |
| Bush | — | Not Voting |
| Muñoz | — | Yea |
| Martinez | — | Yea |
| McCann | — | Yea |
| Harris | — | Yea |
| Landek | — | Yea |
| McGuire | — | Yea |
| Luechtefeld | — | Nay |
| Sullivan | — | Yea |
| Cullerton | — | Yea |
| McCarter | — | Not Voting |
| McConnaughay | — | Not Voting |
| Mulroe | — | Yea |
| Brady | — | Nay |
| Nybo | — | Yea |
| Oberweis | — | Yea |
| Bennett | — | Not Voting |
| Silverstein | — | Yea |
| Cullerton, T. | — | Not Voting |
| Steans | — | Yea |
| Trotter | — | Yea |
| Clayborne | — | Yea |
| Connelly | — | Nay |
| Forby | — | Not Voting |
| Haine | — | Nay |
| Hutchinson | — | Yea |
| Noland | — | Yea |
| Raoul | — | Yea |
| Radogno | — | Yea |
| Righter | — | 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 | Not Voting |
| Laura M. Murphy | Democrat | Nay |
| Laura M. Murphy | Democrat | Not Voting |
| Linda Holmes | Democrat | Not Voting |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Nay |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Nay |
| Neil Anderson | Republican | Not Voting |
| Sue Rezin | Republican | Nay |
| Travis Weaver | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 45 | 35 | 0 | 3 |
| Democrat | 21 | 8 | 0 | 0 |
| Republican | 0 | 5 | 0 | 1 |
| Total | 66 | 48 | 0 | 4 |
| % of votes cast | 56% | 41% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Sandack | — | Yea |
| Skoog | — | Nay |
| Sommer | — | Nay |
| Wehrli | — | Yea |
| Zalewski | — | Yea |
| Acevedo | — | Yea |
| Andersson | — | Yea |
| Anthony | — | Yea |
| Arroyo | — | Yea |
| Batinick | — | Nay |
| Beiser | — | Nay |
| Bellock | — | Yea |
| Bourne | — | Nay |
| Breen | — | Yea |
| Brown | — | Nay |
| Butler | — | Yea |
| McAsey | — | Yea |
| Jesiel | — | Nay |
| Jimenez | — | Yea |
| Lang | — | Yea |
| Nekritz | — | Yea |
| Jones | — | Yea |
| Davis, Monique | — | Yea |
| Smiddy | — | Yea |
| Soto | — | Yea |
| Tabares | — | Yea |
| Thapedi | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Wallace | — | Yea |
| Sullivan | — | Yea |
| Bradley | — | Yea |
| Mitchell, Christian | — | Yea |
| Burke, Daniel | — | Yea |
| Harris, David | — | Yea |
| Wheeler, Barbara | — | Yea |
| Harris, Gregory | — | Yea |
| Wheeler, Keith | — | Yea |
| Williams | — | Yea |
| Hernandez | — | Yea |
| Demmer | — | Yea |
| Drury | — | Yea |
| Durkin | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Hurley | — | Yea |
| Leitch | — | Nay |
| Bennett | — | Nay |
| Madigan | — | Yea |
| Brady | — | Nay |
| Mitchell, Bill | — | Nay |
| McAuliffe | — | Nay |
| McDermed | — | Nay |
| McSweeney | — | Nay |
| Moffitt | — | Nay |
| Phillips | — | Nay |
| Sente | — | Nay |
| Stewart | — | Nay |
| Unes | — | Nay |
| Verschoore | — | Nay |
| Willis | — | Nay |
| Winger | — | Nay |
| Burke, Kelly | — | Not Voting |
| Yingling | — | Nay |
| Cavaletto | — | Nay |
| Cloonen | — | Nay |
| Conroy | — | Nay |
| Costello | — | Nay |
| Currie | — | Yea |
| D'Amico | — | Nay |
| Dunkin | — | Not Voting |
| Franks | — | Nay |
| Frese | — | Nay |
| Hays | — | Nay |
| Ives | — | Nay |
| Jackson | — | Yea |
| Kay | — | Nay |
| Phelps | — | Nay |
| Pritchard | — | Not Voting |
| Reaves-Harris | — | Yea |
| Reis | — | Nay |
| Riley | — | Yea |
| Chapa LaVia | — | Yea |
| Anna Moeller | Democrat | Nay |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Fred Crespo | Democrat | Nay |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Julie A. Morrison | Democrat | Nay |
| 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 | Nay |
| Michelle Mussman | Democrat | Nay |
| Natalie A. Manley | Democrat | Nay |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Nay |
| Sue Scherer | Democrat | Nay |
| Will Guzzardi | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Charles Meier | Republican | Nay |
| Christopher "C.D." Davidsmeyer | Republican | Nay |
| Joe C. Sosnowski | Republican | Not Voting |
| John M. Cabello | Republican | Nay |
| Norine K. Hammond | Republican | Nay |
| Terri Bryant | Republican | Nay |
Subjects
Frequently asked questions
- What does HB 5017 do?
- Amends the Juvenile Court Act of 1987. Provides that whenever a person has been arrested, charged, or adjudicated delinquent for an incident occurring before his or her 18th birthday that if committed by an adult would be an offense, the person may petition the court at any time for expungement of law enforcement records and juvenile court records relating to the incident and upon termination of all juvenile court proceedings relating to that incident, the court shall order the expungement of all records in the possession of the Department of State Police, the clerk of the circuit court, and law enforcement agencies relating to the incident, but only in any of the following circumstances: (1) the minor was arrested and no petition for delinquency was filed with the clerk of the circuit court; (2) the minor was charged with an offense and the petition or petitions were dismissed without a finding of delinquency; (3) the minor was charged with an offense and was found not delinquent of that offense; (4) the minor was placed under supervision, and the order of supervision has since been successfully terminated; or (5) the minor was adjudicated for an offense which would be a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult. Provides that no objection may be filed to a petition under this provision.
- Who sponsors HB 5017?
- HB 5017 is sponsored by Barbara Wheeler.
- What is the current status of HB 5017?
- This bill has been enacted into law. Introduced February 08, 2016. Enacted.
- Where can I track HB 5017?
- Track HB 5017 free on One Click Politics — get push/email alerts when it moves.
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