Illinois 102nd Regular Session Status: In Committee 1 D cosponsors

HB 3085 — CANNABIS-POSSESS NOT CRIMINAL

Last action — Session Sine Die

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

This bill died with 102nd Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

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 an arrest, charge not initiated by arrest, order of supervision, or order of qualified probation for any person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that the clerk of the circuit court shall, on the effective date of the amendatory Act, automatically expunge the court records of a person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that a person imprisoned solely as a result of one or more convictions for possession or delivery, but not manufacture or production, of cannabis shall be released from incarceration on the effective date of the amendatory Act. Amends the Cannabis Control Act. Repeals the provision prohibiting the possession of cannabis. Modifies the provision prohibiting the delivery or manufacture of cannabis so it applies only to manufacture or production of cannabis. Amends the Cannabis Regulation and Tax Act to make conforming changes. Fiscal Note (Admin Office of the Illinois Courts) HB3085 amends the Criminal Identification Act, requiring automatic expungement of law enforcement and court records related to cannabis convictions on the effective date of the bill. Based on a review of the bill, it is not possible to determine what fiscal impact, if any, the bill would have on state appropriations to the judicial branch or what fiscal impact, if any, the bill would have on local judicial budgets. Fiscal Note (Illinois State Police) House Bill 3085 provides the Illinois State Police shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probatfon for any person who, onor after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation. Automatic expungement outside the judicial process will not allow for the collection of statutory fees, which cover administrative costs. While existing personnel may be used to develop and implement computer programming to carry out the automatic expungement of electronic records, our records unit who-handles physical records would need additional staff. The cost of one office specialist in our records unit is $113,583, which includes personal services and fringe benefits (retirement, social security and insurance). If House Bill 3085 were to become law, we would hire three additional records specialists at a cost of approximately $340,749.

Bill Text

Amendments

1 amendment

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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 012-007-000

  4. Held on Calendar Order of Second Reading - Short Debate

  5. Second Reading - Short Debate

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

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

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

  9. Fiscal Note Filed

  10. Fiscal Note Filed

  11. Added Chief Co-Sponsor Rep. Bob Morgan

  12. Fiscal Note Requested by Rep. Blaine Wilhour

  13. Placed on Calendar 2nd Reading - Short Debate

  14. Do Pass / Short Debate Judiciary - Criminal Committee; 010-008-000

  15. Assigned to Judiciary - Criminal Committee

  16. Referred to Rules Committee

  17. First Reading

  18. Filed with the Clerk by Rep. Mary E. Flowers

Sponsors

  • Mary E. Flowers · Primary
  • Bob Morgan · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 181 not signed on

Sponsors (1)

  • Mary E. Flowers

Co-sponsors (1)

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"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.

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Subjects

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Frequently asked questions

What does HB 3085 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 an arrest, charge not initiated by arrest, order of supervision, or order of qualified probation for any person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that the clerk of the circuit court shall, on the effective date of the amendatory Act, automatically expunge the court records of a person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that a person imprisoned solely as a result of one or more convictions for possession or delivery, but not manufacture or production, of cannabis shall be released from incarceration on the effective date of the amendatory Act. Amends the Cannabis Control Act. Repeals the provision prohibiting the possession of cannabis. Modifies the provision prohibiting the delivery or manufacture of cannabis so it applies only to manufacture or production of cannabis. Amends the Cannabis Regulation and Tax Act to make conforming changes. Fiscal Note (Admin Office of the Illinois Courts) HB3085 amends the Criminal Identification Act, requiring automatic expungement of law enforcement and court records related to cannabis convictions on the effective date of the bill. Based on a review of the bill, it is not possible to determine what fiscal impact, if any, the bill would have on state appropriations to the judicial branch or what fiscal impact, if any, the bill would have on local judicial budgets. Fiscal Note (Illinois State Police) House Bill 3085 provides the Illinois State Police shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probatfon for any person who, onor after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation. Automatic expungement outside the judicial process will not allow for the collection of statutory fees, which cover administrative costs. While existing personnel may be used to develop and implement computer programming to carry out the automatic expungement of electronic records, our records unit who-handles physical records would need additional staff. The cost of one office specialist in our records unit is $113,583, which includes personal services and fringe benefits (retirement, social security and insurance). If House Bill 3085 were to become law, we would hire three additional records specialists at a cost of approximately $340,749.
Who sponsors HB 3085?
HB 3085 is sponsored by Mary E. Flowers and Bob Morgan (Democrat).
What is the current status of HB 3085?
This bill died with 102nd Regular Session. It reached “In Committee” 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 HB 3085?
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Last checked for changes 3 months ago · updated continuously

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