SB 482 — PILOT PROGRAM-COOK CO-EXPUNGE

SB0482 EngrossedEnrolled LRB101 06221 JRG 51246 b AN ACT concerning State government.

(i) Business Offense (730 ILCS 5/5-1-2), (ii) Charge (730 ILCS 5/5-1-3), (iii) Court (730 ILCS 5/5-1-6), (iv) Defendant (730 ILCS 5/5-1-7), (v) Felony (730 ILCS 5/5-1-9), (vi) Imprisonment (730 ILCS 5/5-1-10), (vii) Judgment (730 ILCS 5/5-1-12), (viii) Misdemeanor (730 ILCS 5/5-1-14), (ix) Offense (730 ILCS 5/5-1-15), SB0482 EngrossedEnrolled - 2 - LRB101 06221 JRG 51246 b (x) Parole (730 ILCS 5/5-1-16), (xi) Petty Offense (730 ILCS 5/5-1-17), (xii) Probation (730 ILCS 5/5-1-18), (xiii) Sentence (730 ILCS 5/5-1-19), (xiv) Supervision (730 ILCS 5/5-1-21), and (xv) Victim (730 ILCS 5/5-1-22).

SB0482 EngrossedEnrolled - 3 - LRB101 06221 JRG 51246 b (D) "Criminal offense" means a petty offense, business offense, misdemeanor, felony, or municipal ordinance violation (as defined in subsection (a)(1)(H)).

If multiple sentences, orders of supervision, or orders of qualified probation terminate on the same day and SB0482 EngrossedEnrolled - 4 - LRB101 06221 JRG 51246 b are last in time, they shall be collectively considered the "last sentence" regardless of whether they were ordered to run concurrently.

(J) "Qualified probation" means an order of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, Section 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as those provisions existed before their deletion by Public Act 89-313), Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, or Section 10 SB0482 EngrossedEnrolled - 5 - LRB101 06221 JRG 51246 b of the Steroid Control Act.

A sentence is terminated notwithstanding any SB0482 EngrossedEnrolled - 6 - LRB101 06221 JRG 51246 b outstanding financial legal obligation.

Commencing 180 days after July 29, 2016 (the effective date of Public Act 99-697), the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the court records of a person found in the circuit court to have committed a civil law violation of subsection (a) of Section 4 of the Cannabis Control Act or subsection (c) of SB0482 EngrossedEnrolled - 7 - LRB101 06221 JRG 51246 b Section 3.5 of the Drug Paraphernalia Control Act in the clerk's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for any of those offenses.

SB0482 EngrossedEnrolled - 8 - LRB101 06221 JRG 51246 b (C) the sealing of the records of arrests or charges not initiated by arrest which result in an order of supervision or a conviction for the following offenses:

SB0482 EngrossedEnrolled - 9 - LRB101 06221 JRG 51246 b (b) Expungement.

(A) When the arrest or charge not initiated by arrest sought to be expunged resulted in an acquittal, dismissal, the petitioner's release without charging, or the reversal or vacation of a conviction, there is no waiting period to petition for the expungement of SB0482 EngrossedEnrolled - 10 - LRB101 06221 JRG 51246 b such records.

SB0482 EngrossedEnrolled - 11 - LRB101 06221 JRG 51246 b (ii) Those arrests or charges that resulted in orders of supervision for any other offenses shall not be eligible for expungement until 2 years have passed following the satisfactory termination of the supervision.

(4) Whenever a person has been arrested for or convicted of any offense, in the name of a person whose identity he or she has stolen or otherwise come into possession of, the aggrieved person from whom the identity was stolen or otherwise obtained without authorization, upon learning of the person having been arrested using his or her identity, may, upon verified petition to the chief judge of the circuit wherein the arrest was made, have a court order entered nunc pro tunc by the Chief Judge to correct the arrest record, conviction record, if any, and all official records of the arresting authority, the SB0482 EngrossedEnrolled - 12 - LRB101 06221 JRG 51246 b Department, other criminal justice agencies, the prosecutor, and the trial court concerning such arrest, if any, by removing his or her name from all such records in connection with the arrest and conviction, if any, and by inserting in the records the name of the offender, if known or ascertainable, in lieu of the aggrieved's name.

(5) Whenever a person has been convicted of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, the victim of that offense may request that the State's Attorney of the county in which the conviction occurred file a verified petition with the presiding trial judge at the petitioner's trial to have a court order entered to seal the records of the circuit court clerk in connection SB0482 EngrossedEnrolled - 13 - LRB101 06221 JRG 51246 b with the proceedings of the trial court concerning that offense.

(7) Nothing in this Section shall prevent the Department of State Police from maintaining all records of any person who is admitted to probation upon terms and conditions and who fulfills those terms and conditions pursuant to Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois SB0482 EngrossedEnrolled - 14 - LRB101 06221 JRG 51246 b Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, or Section 10 of the Steroid Control Act.

(C) Arrests or charges not initiated by arrest SB0482 EngrossedEnrolled - 15 - LRB101 06221 JRG 51246 b resulting in orders of supervision, including orders of supervision for municipal ordinance violations, successfully completed by the petitioner, unless excluded by subsection (a)(3);

(B) Except as otherwise provided in subparagraph SB0482 EngrossedEnrolled - 16 - LRB101 06221 JRG 51246 b (E) of this paragraph (3), records identified as eligible under subsection (c)(2)(C) may be sealed 2 years after the termination of petitioner's last sentence (as defined in subsection (a)(1)(F)).

(E) Records identified as eligible under subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or (c)(2)(F) may be sealed upon termination of the petitioner's last sentence if the petitioner earned a high school diploma, associate's degree, career certificate, vocational technical certification, or bachelor's degree, or passed the high school level Test of General Educational Development, during the period SB0482 EngrossedEnrolled - 17 - LRB101 06221 JRG 51246 b of his or her sentence, aftercare release, or mandatory supervised release.

SB0482 EngrossedEnrolled - 18 - LRB101 06221 JRG 51246 b (1) Filing the petition.

The petition shall be verified and shall contain the petitioner's name, date of SB0482 EngrossedEnrolled - 19 - LRB101 06221 JRG 51246 b birth, current address and, for each arrest or charge not initiated by arrest sought to be sealed or expunged, the case number, the date of arrest (if any), the identity of the arresting authority, and such other information as the court may require.

or SB0482 EngrossedEnrolled - 20 - LRB101 06221 JRG 51246 b (D) expunge felony records of a qualified probation under clause (b)(1)(iv).

(A) The Chief Judge of the circuit wherein the charge was brought, any judge of that circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge SB0482 EngrossedEnrolled - 21 - LRB101 06221 JRG 51246 b at the petitioner's trial, if any, shall rule on the petition to expunge or seal as set forth in this subsection (d)(6).

SB0482 EngrossedEnrolled - 22 - LRB101 06221 JRG 51246 b (7) Hearings.

After entering an order to expunge or seal records, the court must provide copies of the order to the Department, in a form and manner SB0482 EngrossedEnrolled - 23 - LRB101 06221 JRG 51246 b prescribed by the Department, to the petitioner, to the State's Attorney or prosecutor charged with the duty of prosecuting the offense, to the arresting agency, to the chief legal officer of the unit of local government effecting the arrest, and to such other criminal justice agencies as may be ordered by the court.

and (iii) in response to an inquiry for expunged SB0482 EngrossedEnrolled - 24 - LRB101 06221 JRG 51246 b records, the court, the Department, or the agency receiving such inquiry, shall reply as it does in response to inquiries when no records ever existed.

(iii) the records shall be impounded by the Department within 60 days of the date of service of the order as ordered by the court, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of SB0482 EngrossedEnrolled - 25 - LRB101 06221 JRG 51246 b this Section;

(ii) the records of the circuit court clerk shall be impounded until further order of the court SB0482 EngrossedEnrolled - 26 - LRB101 06221 JRG 51246 b upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order;

SB0482 EngrossedEnrolled - 27 - LRB101 06221 JRG 51246 b (C) Upon entry of an order to seal records under subsection (c), the arresting agency, any other agency as ordered by the court, the Department, and the court shall seal the records (as defined in subsection (a)(1)(K)).

(E) Upon motion, the court may order that a sealed judgment or other court record necessary to SB0482 EngrossedEnrolled - 28 - LRB101 06221 JRG 51246 b demonstrate the amount of any legal financial obligation due and owing be made available for the limited purpose of collecting any legal financial obligations owed by the petitioner that were established, imposed, or originated in the criminal proceeding for which those records have been sealed.

From the total filing fee collected for the petition to seal or expunge, the circuit court clerk shall SB0482 EngrossedEnrolled - 29 - LRB101 06221 JRG 51246 b deposit $10 into the Circuit Court Clerk Operation and Administrative Fund, to be used to offset the costs incurred by the circuit court clerk in performing the additional duties required to serve the petition to seal or expunge on all parties.

Upon filing of a motion to vacate, modify, or reconsider, notice of the SB0482 EngrossedEnrolled - 30 - LRB101 06221 JRG 51246 b motion shall be served upon the petitioner and all parties entitled to notice of the petition.

While a party is seeking relief from the order granting the petition to expunge through a motion filed under paragraph (12) of this subsection (d) or is appealing the order, and unless a court has entered a stay of that order, the parties entitled to notice of the petition must seal, but need not expunge, the records until SB0482 EngrossedEnrolled - 31 - LRB101 06221 JRG 51246 b there is a final order on the motion for relief or, in the case of an appeal, the issuance of that court's mandate.

All records sealed by the Department may be disseminated by the Department only to the SB0482 EngrossedEnrolled - 32 - LRB101 06221 JRG 51246 b arresting authority, the State's Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent felony.

(e-5) Whenever a person who has been convicted of an offense is granted a certificate of eligibility for sealing by the Prisoner Review Board which specifically authorizes sealing, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's trial, have a court order entered sealing the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Department be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the petitioner obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been granted the certificate but the order shall not affect any index issued by the circuit court clerk SB0482 EngrossedEnrolled - 33 - LRB101 06221 JRG 51246 b before the entry of the order.

(e-6) Whenever a person who has been convicted of an offense is granted a certificate of eligibility for expungement by the Prisoner Review Board which specifically authorizes expungement, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's trial, have a court order entered expunging the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Department be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the petitioner obliterated from the official index requested to be kept by the SB0482 EngrossedEnrolled - 34 - LRB101 06221 JRG 51246 b circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been granted the certificate but the order shall not affect any index issued by the circuit court clerk before the entry of the order.

SB0482 EngrossedEnrolled - 35 - LRB101 06221 JRG 51246 b The study shall be made available to the General Assembly no later than September 1, 2010.

Upon entry of a disposition for an eligible record under this subsection (g), the defendant shall be informed by the court of his or her right to have eligible records immediately sealed and the procedure for the immediate SB0482 EngrossedEnrolled - 36 - LRB101 06221 JRG 51246 b sealing of these records.

A copy of the petition SB0482 EngrossedEnrolled - 37 - LRB101 06221 JRG 51246 b shall be served on the State's Attorney in open court.

SB0482 EngrossedEnrolled - 38 - LRB101 06221 JRG 51246 b (K) Motion to Vacate, Modify, or Reconsider.

SB0482 EngrossedEnrolled - 39 - LRB101 06221 JRG 51246 b (1) A trafficking victim as defined by paragraph (10) of subsection (a) of Section 10-9 of the Criminal Code of 2012 shall be eligible to petition for immediate sealing of his or her criminal record upon the completion of his or her last sentence if his or her participation in the underlying offense was a direct result of human trafficking under Section 10-9 of the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act.

A petitioner is eligible for immediate relief under this subsection (h) SB0482 EngrossedEnrolled - 40 - LRB101 06221 JRG 51246 b if he or she shows, by a preponderance of the evidence, that: