Illinois 102nd Regular Session Status: Enacted 9 D cosponsors

SB 2136 — EXPUNGEMENT-PROSTITUTION

Last action — Public Act . . . . . . . . . 102-0639

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

This bill has been enacted into law. Introduced February 26, 2021. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    2 primary, 11 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (9 D).

  • Cleared a recorded vote

    Passed 4 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 Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of a conviction for felony prostitution committed prior to the effective date of the amendatory Act. Establishes timelines for the automatic expungement of the records based on the date of the creation of the records. Amends the Code of Criminal Procedure of 1963. Provides that a petition for post-conviction relief may be filed by a person confined, or subject to being confined by the State, local, or federal government as a result of a State criminal conviction (rather than only by persons imprisoned in the penitentiary). Strikes a provision concerning expungement procedures for drug tests. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 725 ILCS 5/122-9 new Deletes a provision providing for the automatic expungement of felony prostitution convictions within a certain time frame. Provides that any individual may at any time institute proceedings under the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, notwithstanding that he or she is no longer imprisoned and notwithstanding that his or her liberties are not being currently curtailed by action of the State, if his or her conviction has potential consequences under federal immigration law. Defines "conviction". House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/122-9 new Adds reference to: 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 Deletes a new provision added to the Code of Criminal Procedure of 1963 concerning the institution of specified proceedings. Amends the Code of Civil Procedure. In a provision concerning relief from judgments, provides that any individual may at any time file a petition and institute proceedings, if his or her final order or judgment, which was entered based on a plea of guilty or nolo contendere, has potential consequences under federal immigration law. House Floor Amendment No. 2 Reinserts a stricken provision relating to the petitioner passing a drug test.

Bill Text

Amendments

3 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Public Act . . . . . . . . . 102-0639

  2. Effective Date August 27, 2021

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Concurs

  7. House Floor Amendment No. 2 Senate Concurs 057-000-000

  8. House Floor Amendment No. 1 Senate Concurs 057-000-000

  9. Added as Co-Sponsor Sen. Napoleon Harris, III

  10. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 009-006-000

  11. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 009-006-000

  12. House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive

  13. House Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive

  14. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  15. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins

  16. House Floor Amendment No. 1 Motion to Concur Referred to Assignments

  17. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins

  18. Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2021

  19. Secretary's Desk - Concurrence House Amendment(s) 1, 2

  20. Third Reading - Short Debate - Passed 067-038-000

  21. Placed on Calendar Order of 3rd Reading - Short Debate

  22. House Floor Amendment No. 2 Adopted

  23. Recalled to Second Reading - Short Debate

  24. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000

  25. Added Alternate Chief Co-Sponsor Rep. Justin Slaughter

  26. House Floor Amendment No. 2 Referred to Rules Committee

  27. House Floor Amendment No. 2 Filed with Clerk by Rep. Mary E. Flowers

  28. Alternate Chief Co-Sponsor Removed Rep. Kelly M. Cassidy

  29. Added Alternate Chief Co-Sponsor Rep. Kelly M. Cassidy

  30. Added Alternate Chief Co-Sponsor Rep. Lakesia Collins

  31. Added Alternate Chief Co-Sponsor Rep. Will Guzzardi

  32. Placed on Calendar - Consideration Postponed

  33. Placed on Calendar Order of 3rd Reading - Short Debate

  34. House Floor Amendment No. 1 Adopted

  35. Second Reading - Short Debate

  36. House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 011-006-000

  37. House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee

  38. Added Alternate Co-Sponsor Rep. Elizabeth Hernandez

  39. House Floor Amendment No. 1 Referred to Rules Committee

  40. House Floor Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers

  41. Placed on Calendar 2nd Reading - Short Debate

  42. Do Pass / Short Debate Judiciary - Criminal Committee; 012-007-000

  43. Alternate Co-Sponsor Removed Rep. Chris Bos

  44. Added Alternate Co-Sponsor Rep. Chris Bos

  45. Assigned to Judiciary - Criminal Committee

  46. Alternate Co-Sponsor Removed Rep. Kelly M. Cassidy

  47. Added Alternate Co-Sponsor Rep. Kelly M. Cassidy

  48. Added Alternate Chief Co-Sponsor Rep. Marcus C. Evans, Jr.

  49. Added Alternate Co-Sponsor Rep. Kambium Buckner

  50. Referred to Rules Committee

  51. First Reading

  52. Chief House Sponsor Rep. Mary E. Flowers

  53. Added as Co-Sponsor Sen. Rachelle Crowe

  54. Arrived in House

  55. Third Reading - Passed; 054-000-000

  56. Added as Chief Co-Sponsor Sen. Mattie Hunter

  57. Placed on Calendar Order of 3rd Reading April 22, 2021

  58. Second Reading

  59. Senate Floor Amendment No. 1 Adopted; Collins

  60. Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 009-001-000

  61. Senate Floor Amendment No. 1 Assignments Refers to Criminal Law

  62. Senate Floor Amendment No. 1 Referred to Assignments

  63. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins

  64. Added as Chief Co-Sponsor Sen. Robert F. Martwick

  65. Placed on Calendar Order of 2nd Reading March 25, 2021

  66. Do Pass Criminal Law; 007-002-000

  67. Added as Chief Co-Sponsor Sen. Patricia Van Pelt

  68. Added as Co-Sponsor Sen. Mattie Hunter

  69. Assigned to Criminal Law

  70. Referred to Assignments

  71. First Reading

  72. Filed with Secretary by Sen. Jacqueline Y. Collins

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 11 co-sponsors · 170 not signed on · 26 voted No

Sponsors (2)

Co-sponsors (11)

Not signed on (170)

170 members have not signed on to this bill.

Show all 170 →

"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

Concurrence, Amendment 1

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 26000
Unaffiliated 18001
Republican 13001
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Gillespie — Yea
Harris — Yea
Bailey — Yea
Barickman — Yea
Bennett — Yea
Johnson — Yea
Bush — Yea
Stoller — Yea
Landek — Yea
Connor — Yea
Crowe — Yea
Cullerton, T. — Yea
Muñoz — Yea
Pacione-Zayas — Yea
Stewart — Not Voting
Glowiak Hilton — Yea
Loughran Cappel — Yea
Simmons, Mike — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Not Voting
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sally J. Turner Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Terri Bryant Republican Yea

Official roll call →

Concurrence, Amendment 2

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 26000
Unaffiliated 18001
Republican 13001
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Gillespie — Yea
Harris — Yea
Bailey — Yea
Barickman — Yea
Bennett — Yea
Johnson — Yea
Bush — Yea
Stoller — Yea
Landek — Yea
Connor — Yea
Crowe — Yea
Cullerton, T. — Yea
Muñoz — Yea
Pacione-Zayas — Yea
Stewart — Not Voting
Glowiak Hilton — Yea
Loughran Cappel — Yea
Simmons, Mike — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Not Voting
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sally J. Turner Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Terri Bryant Republican Yea

Official roll call →

Third Reading

Passed 67 Yea · 38 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 201305
Democrat 42606
Republican 51902
Total 6738013
% of votes cast 57%32%0%11%
How each member voted (118)
Member Party Vote
Nichols — Yea
Ozinga — Yea
Ramirez — Yea
Bos — Yea
Robinson — Yea
Harris — Yea
Burke — Yea
Hurley — Yea
Jones — Yea
Conroy — Yea
Stoneback — Yea
Luft — Yea
D'Amico — Yea
Davis — Yea
Durkin — Yea
Flowers — Yea
Yednock — Yea
Zalewski — Yea
Greenwood — Yea
Bennett — Nay
Bourne — Nay
Brady — Nay
Butler — Nay
Sommer — Nay
Caulkins — Nay
Marron — Nay
Demmer — Nay
Welter — Nay
Mazzochi — Nay
Wheeler — Nay
Frese — Nay
Batinick — Not Voting
Carroll — Not Voting
Willis — Not Voting
Yingling — Not Voting
Costa Howard — Not Voting
Williams, Jawaharial — Yea
Yang Rohr — Nay
Aarón M. Ortíz Democrat Yea
Angelica Guerrero-Cuellar Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Not Voting
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Not Voting
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Nay
Debbie Meyers-Martin Democrat Yea
Edgar González, Jr. Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Not Voting
Joyce Mason Democrat Not Voting
Julie A. Morrison Democrat Nay
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Katie Stuart Democrat Nay
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Nay
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Margaret Croke Democrat Not Voting
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Not Voting
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Nay
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Nay
Suzanne M. Ness Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Adam M. Niemerg Republican Nay
Amy Elik Republican Nay
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Nay
Blaine Wilhour Republican Nay
Brad Halbrook Republican Nay
Brad Stephens Republican Not Voting
Charles Meier Republican Nay
Chris Miller Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Dan Swanson Republican Nay
Daniel J. Ugaste Republican Nay
Dave Severin Republican Nay
David Friess Republican Nay
Jackie Haas Republican Not Voting
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Nay
Martin McLaughlin Republican Nay
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Nay
Paul Jacobs Republican Nay
Ryan Spain Republican Nay
Seth Lewis Republican Yea
Steven Reick Republican Nay
Tom Weber Republican Nay
Tony M. McCombie Republican Yea

Official roll call →

Third Reading

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 26000
Unaffiliated 17002
Republican 11003
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Gillespie — Yea
Harris — Yea
Bailey — Yea
Barickman — Yea
Bennett — Yea
Johnson — Yea
Bush — Yea
Landek — Yea
Connor — Yea
Crowe — Yea
Cullerton, T. — Yea
Muñoz — Yea
Pacione-Zayas — Yea
Stewart — Not Voting
Stoller — Not Voting
Glowiak Hilton — Yea
Loughran Cappel — Yea
Simmons, Mike — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Not Voting
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Not Voting
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sally J. Turner Republican Not Voting
Steve McClure Republican Yea
Sue Rezin Republican Yea
Terri Bryant Republican Yea

Official roll call →

Subjects

immigration civil-rights
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Frequently asked questions

What does SB 2136 do?
Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of a conviction for felony prostitution committed prior to the effective date of the amendatory Act. Establishes timelines for the automatic expungement of the records based on the date of the creation of the records. Amends the Code of Criminal Procedure of 1963. Provides that a petition for post-conviction relief may be filed by a person confined, or subject to being confined by the State, local, or federal government as a result of a State criminal conviction (rather than only by persons imprisoned in the penitentiary). Strikes a provision concerning expungement procedures for drug tests. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 725 ILCS 5/122-9 new Deletes a provision providing for the automatic expungement of felony prostitution convictions within a certain time frame. Provides that any individual may at any time institute proceedings under the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, notwithstanding that he or she is no longer imprisoned and notwithstanding that his or her liberties are not being currently curtailed by action of the State, if his or her conviction has potential consequences under federal immigration law. Defines "conviction". House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/122-9 new Adds reference to: 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 Deletes a new provision added to the Code of Criminal Procedure of 1963 concerning the institution of specified proceedings. Amends the Code of Civil Procedure. In a provision concerning relief from judgments, provides that any individual may at any time file a petition and institute proceedings, if his or her final order or judgment, which was entered based on a plea of guilty or nolo contendere, has potential consequences under federal immigration law. House Floor Amendment No. 2 Reinserts a stricken provision relating to the petitioner passing a drug test.
Who sponsors SB 2136?
SB 2136 is sponsored by Hernandez, Lisa, Van Pelt, Robert F. Martwick (Democrat), Mattie Hunter (Democrat), Rachelle Crowe, Napoleon Harris III (Democrat), Mary E. Flowers, Marcus C. Evans, Jr. (Democrat), Will Guzzardi (Democrat), Lakesia Collins (Democrat), Justin Slaughter (Democrat), and Kam Buckner (Democrat).
What is the current status of SB 2136?
This bill has been enacted into law. Introduced February 26, 2021. Enacted.
Where can I track SB 2136?
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