(A) permitting persons licensed, controlled, and regulated by this State to legally manufacture psilocybin products and provide psilocybin services to SB3695 - 8 - LRB103 39207 CES 69355 b persons 1821 years of age and older, subject to the provisions of this Act;

and (C) preparing proposed rules for the addition of botanical forms of dimethyltryptamine, methylenedioxymethamphetamine, ibogaine (except ibogaine from iboga), and mescaline (except mescaline from peyote) to substances regulated under this Act on or before June 1, 2027.

(1) the distribution of psilocybin products to other persons who are not permitted to possess psilocybin products under the provisions of this Act and rules adopted under this Act, including, but not limited to, persons under 1821 years of age;

and 10300SB3695sam001 -9- LRB103 39207 CES 71631 a (2) the diversion of psilocybin products from this State to other states.

SB3695 - 9 - LRB103 39207 CES 69355 b (2) Amend or affect State or federal law pertaining to employment matters.

10300SB3695sam001 -10- LRB103 39207 CES 71631 a (8) Amend or affect State law to the extent that a person does not manufacture, deliver, or possess psilocybin products in accordance with the provisions of this Act and rules adopted under this Act.

"Administration session" means a session held under the supervision of a facilitator at which a client consumes and SB3695 - 10 - LRB103 39207 CES 69355 b experiences the effects of a psilocybin product under the supervision of a facilitator.

"Integration session" means a meeting between a client and 10300SB3695sam001 -11- LRB103 39207 CES 71631 a a facilitator that may occur after the client completes an administration session.

SB3695 - 11 - LRB103 39207 CES 69355 b "Licensee representative" means an owner, director, officer, manager, employee, agent, or other representative of a licensee, to the extent that the person acts in a representative capacity.

(1) All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, restrooms, and 10300SB3695sam001 -12- LRB103 39207 CES 71631 a storerooms.

(3) For a location that the Department has specifically licensed for the operation of a service center outside of a building, that portion of the location SB3695 - 12 - LRB103 39207 CES 69355 b used to operate the service center and provide a psilocybin service to a client.

or (2) mixtures or substances containing a detectable 10300SB3695sam001 -13- LRB103 39207 CES 71631 a amount of psilocybin naturally produced from psilocybin-producing fungi.

"Psilocybin service" means a service provided to a client before, during, or after the client's consumption of a SB3695 - 13 - LRB103 39207 CES 69355 b psilocybin product, including any of the following:

10300SB3695sam001 -14- LRB103 39207 CES 71631 a (1) the Secretary of Financial and Professional Regulation or the Secretary's designee;

SB3695 - 14 - LRB103 39207 CES 69355 b (5) the Director of Revenue or the Director's designee;

(8) an expert in the fieldIllinois ofChief publicBehavioral health,Health appointedOfficer; by the Governor with the advice and consent of the Senate;

(9) aan localexpert healthin official,the field of public health, appointed by the Governor with the advice and consent of the Senate;

(10) an individual who is a memberlocal of or represents a group that provides public health servicesofficial, directly to members of the public, appointed by the Governor with the advice and consent of the Senate;

(11) aan psychologistindividual who hasis experiencea engagingmember inof theor diagnosisrepresents ora treatmentgroup ofthat mental,provides emotional,public andhealth behavioralservices conditions,directly to members of the public, appointed by the Governor with the advice and consent of the Senate;

(12) a psychiatristpsychologist licensed to practice in Illinois who has experience engaging in the diagnosis or treatment of mental, emotional, and behavioral conditions, appointed by the Governor with the 10300SB3695sam001 -15- LRB103 39207 CES 71631 a advice and consent of the Senate;

(13) a counselorpsychiatrist licensed to practice in Illinois who has experience engaging in the diagnosis or treatment of mental, emotional, and behavioral conditions, appointed by the Governor with the advice and consent of the Senate;

SB3695(14) -a 15counselor -licensed LRB103to 39207practice CESin 69355Illinois bwho (14)has aexperience physicianengaging licensedin tothe practicediagnosis medicineor intreatment allof itsmental, branchesemotional, and behavioral conditions, appointed by the Governor with the advice and consent of the Senate;

(15) a doctorphysician of osteopathic medicine licensed to practice medicine in Illinois,all its branches appointed by the Governor with the advice and consent of the Senate;

(16) a naturopathicdoctor physician or a member of anosteopathic organizationmedicine representinglicensed Naturopathicto Physicianspractice in Illinois, appointed by the Governor with the advice and consent of the Senate;

(17) ana expertnaturopathic inphysician theor field of public health who has obtained a doctoratemember degree in the field of publican health,organization communityrepresenting sciences,Naturopathic orPhysicians ain relatedIllinois, health field, appointed by the Governor with the advice and consent of the Senate;

(18) atan leastexpert 3in individualsthe field of public health who meethas atobtained leasta onedoctorate ofdegree in the followingfield qualifications,of public health, community sciences, or a related health field, appointed by the Governor with the advice and consent of the Senate:Senate;

(19) a licensed social worker or a licensed clinical social worker, appointed by the Governor with the advice and consent of the Senate;

10300SB3695sam001 -16- LRB103 39207 CES 71631 a (20) a representative of the Behavioral Health Workforce Education Center of Illinois, appointed by the Governor with the advice and consent of the Senate;

(21) at least 3 individuals who meet at least one of the following qualifications, appointed by the Governor with the advice and consent of the Senate:

SB3695(22) - 16 - LRB103 39207 CES 69355 b (19) a current or former member of the Senate, appointed by the President of the Senate;

(20)(23) a current or former member of the Senate, appointed by the Minority Leader of the Senate;

(21)(24) a current or former member of the House, appointed by the Speaker of the House;

and (22)(25) a current or former member of the House, appointed by the Minority Leader of the House.

Before the expiration of the 10300SB3695sam001 -17- LRB103 39207 CES 71631 a term of a member, the Governor shall appoint a successor whose term begins on January 1 of the following calendar year.

(g) During the program development period, the Advisory Board shall meet at least once every 2 calendar months at a time and place determined by the chairperson, or a majority of SB3695 - 17 - LRB103 39207 CES 69355 b the voting members of the Advisory Board.

10300SB3695sam001 -18- LRB103 39207 CES 71631 a (j) Members of the Advisory Board shall not be paid a salary but shall be reimbursed for travel and other reasonable expenses incurred while fulfilling the responsibilities of the Advisory Board.

(1) Provide advice to the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, and the Department of Revenue with respect to the administration of this Act as it relates to accurate public health approaches regarding use, effect, and risk SB3695 - 18 - LRB103 39207 CES 69355 b reduction of entheogens and the content and scope of educational campaigns related to entheogens.

(3) Study and review the Oregon Psilocybin Services Act (Measure 109), the Colorado Natural Medicine Health 10300SB3695sam001 -19- LRB103 39207 CES 71631 a Act of 2022 (Proposition 122), and relevant legislative initiatives to legalize or decriminalize entheogen use in other states and units of local government in an effort to determine successes and pitfalls that may be applied to the rulemaking process in Illinois.

(5) Make recommendations on the requirements, SB3695 - 19 - LRB103 39207 CES 69355 b specifications, and guidelines for providing psilocybin services to a client, including the following:

10300SB3695sam001 -20- LRB103 39207 CES 71631 a (i) The information that should be solicited from the client to determine whether the client should participate in the administration session, including information that may identify risk factors and contraindications.

(6) Make recommendations on public health and safety standards and industry best practices for each type of SB3695 - 20 - LRB103 39207 CES 69355 b licensee under this Act.

(8) Make recommendations on the education, experience, and training that facilitators must achieve, giving particular consideration to the following and including 10300SB3695sam001 -21- LRB103 39207 CES 71631 a whether such education, experience, and training should be available through online resources:

(iv) crisis assessment and appropriate SB3695 - 21 - LRB103 39207 CES 69355 b referral for those who need ongoing support if challenging mental health issues emerge in psilocybin sessions;

10300SB3695sam001 -22- LRB103 39207 CES 71631 a (9) Make recommendations on the examinations that facilitators must pass.

(11) Develop a long-term strategic plan for ensuring SB3695 - 22 - LRB103 39207 CES 69355 b that psilocybin services will become and remain a safe, accessible, and affordable therapeutic option for all persons 1821 years of age and older in this State for whom psilocybin may be appropriate.

(13) On an ongoing basis, review and evaluate existing research studies and real-world data related to entheogens and make recommendations to the General Assembly and relevant State agencies as to whether entheogens and 10300SB3695sam001 -23- LRB103 39207 CES 71631 a associated services should be covered under any Illinois State health insurance or other insurance program as a cost-effective intervention for various mental health conditions, including, but not limited to, end-of-life anxiety, substance use disorder, alcoholism, depressive disorders, neurological disorders, post-traumatic stress disorder, and other painful conditions, including, but not limited to, cluster headaches, migraines, cancer, and phantom limbs.

(15) Publish an annual report describing the Advisory Board's activities, including, but not limited to, any SB3695 - 23 - LRB103 39207 CES 69355 b recommendations and advice to the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, the Department of Revenue, or the General Assembly.

10300SB3695sam001 -24- LRB103 39207 CES 71631 a Section 35.

The Department of Public Health, Department of Agriculture, Department of Financial and Professional Regulation, Illinois State Police, and Department of Revenue may adopt, amend, or repeal rules as necessary to carry out the intent and provisions of this Act, including rules necessary to protect SB3695 - 24 - LRB103 39207 CES 69355 b public health and safety.

10300SB3695sam001 -25- LRB103 39207 CES 71631 a There shall be no requirement that a client be diagnosed with or have any particular medical condition as a prerequisite to being provided psilocybin services.

(d) The Department of Public Health shall examine, publish, and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin SB3695 - 25 - LRB103 39207 CES 69355 b in treating mental health conditions, including, but not limited to, addiction, depression, anxiety disorders, headache disorders, and end-of-life psychological distress.

10300SB3695sam001 -26- LRB103 39207 CES 71631 a (f) The Department of Financial and Professional Regulation shall issue, renew, suspend, revoke, or refuse to issue or renew licenses for the sale of psilocybin products, the provision of psilocybin services, or other licenses related to the consumption of psilocybin products, and to permit, at the Department's discretion, the transfer of a license between persons.

Subject to any applicable provision of Illinois law, the Department of Public Health, Department of Agriculture, Department of Financial and Professional Regulation, Illinois State Police, and Department of Revenue may purchase, possess, SB3695 - 26 - LRB103 39207 CES 69355 b seize, transfer to a licensee, or dispose of psilocybin products as is necessary to ensure compliance with and enforce the provisions of this Act and any rule adopted under this Act.

(b) On or before February 28 of the year following the effective date of this Act, the Governor, the Senate 10300SB3695sam001 -27- LRB103 39207 CES 71631 a President, and the Speaker of the House shall appoint the individuals specified in subsection (b) of Section 25 to the Advisory Board.

(d) On or before June 30 of the year following the effective date of this Act, and on a regular basis after that date, the Advisory Board shall submit its findings and recommendations to the Department of Public Health, Department of Agriculture, Department of Financial and Professional Regulation, Illinois State Police, and Department of Revenue on available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin and other entheogens in treating mental health conditions, including, but not limited to, addiction, SB3695 - 27 - LRB103 39207 CES 69355 b depression, anxiety disorders, headache disorders, and end-of-life psychological distress.

(2) a long-term strategic plan for ensuring that psilocybin services will become and remain a safe, accessible, and affordable therapeutic option for all 10300SB3695sam001 -28- LRB103 39207 CES 71631 a persons 1821 years of age and older in this State for whom psilocybin may be appropriate;

(g) On or before before June 30 of the year 3 years after the effective date of this Act, the Department of Public Health, Department of Agriculture, Department of Revenue, and SB3695 - 28 - LRB103 39207 CES 69355 b Department of Financial and Professional Regulation shall prescribe forms and adopt such rules as the Departments deem necessary for the implementation of this Act.

10300SB3695sam001 -29- LRB103 39207 CES 71631 a Section 50.

(a) On or before July 1 of the year 23 years after the effective date of this Act:

(b) Except as provided in subsection (c), an applicant for a license or renewal of a license issued under this Act shall apply to the appropriate Department in the form required by that Department, by rule, showing the name and address of the SB3695 - 29 - LRB103 39207 CES 69355 b applicant, the location of the facility that is to be operated under the license, and other pertinent information required by the Department.

10300SB3695sam001 -30- LRB103 39207 CES 71631 a (c) A Department may reject any application that is not submitted in the form required by the Department by rule.

(f) The Department of Financial and Professional Regulation or the Department of Agriculture shall not license an applicant under the provisions of this Act if the applicant is under 1821 years of age.

SB3695 - 30 - LRB103 39207 CES 69355 b (g) The Department of Financial or Professional Regulation or the Department of Agriculture shall refuse to issue a license or may issue a restricted license to an applicant under the provisions of this Act if the Department finds that the applicant meets any of the following conditions:

(2) has failed to complete any of the examinations required by the provisions of this Act or rules adopted 10300SB3695sam001 -31- LRB103 39207 CES 71631 a under this Act;

(8) does not have a good record of compliance with SB3695 - 31 - LRB103 39207 CES 69355 b this Act or any rule adopted under this Act;

or (11) is unable to understand the laws of this State relating to psilocybin products, psilocybin services, or 10300SB3695sam001 -32- LRB103 39207 CES 71631 a the rules adopted under this Act.

SB3695 - 32 - LRB103 39207 CES 69355 b (2) The possession of a controlled substance, as defined in the Illinois Controlled Substances Act, if any of the following apply:

(i) The Department of Financial and Professional Regulation and the Department of Agriculture shall not issue a license pursuant to this Act if the licensee, principal 10300SB3695sam001 -33- LRB103 39207 CES 71631 a officer, board member, or person having a financial or voting interest of 5% or greater in the licensee or applicant, or the agent thereof is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.

The Illinois State Police shall charge a fee for conducting the SB3695 - 33 - LRB103 39207 CES 69355 b criminal history record check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the record check.

These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Illinois State Police and Federal Bureau 10300SB3695sam001 -34- LRB103 39207 CES 71631 a of Investigation criminal history records databases.

SB3695 - 34 - LRB103 39207 CES 69355 b (4) If the applicant is a corporation, each director and officer of the corporation.

(2) renewable in the manner provided under Section 50, except for a cause that would be grounds for refusal to 10300SB3695sam001 -35- LRB103 39207 CES 71631 a issue the license under Section 50;

SB3695 - 35 - LRB103 39207 CES 69355 b Section 65.

10300SB3695sam001 -36- LRB103 39207 CES 71631 a (b) The licenses described in this Act must be issued by the Department of Financial and Professional Regulation or the Department of Agriculture subject to the provisions of this Act and rules adopted under this Act.

A licensee or licensee representative may manufacture, deliver, or possess a psilocybin product SB3695 - 36 - LRB103 39207 CES 69355 b subject to the provisions of this Act and rules adopted under this Act.

(a) An individual may not have a financial interest in 10300SB3695sam001 -37- LRB103 39207 CES 71631 a either of the following:

To hold a manufacturer license issued under this SB3695 - 37 - LRB103 39207 CES 69355 b Section, a psilocybin product manufacturer must comply with the following:

and (2) provide proof that the applicant is 1821 years of age or older.

(c) If the applicant is not the owner of the premises at which the psilocybin is to be manufactured, the applicant shall submit to the Department of Agriculture signed informed consent from the owner of the premises to manufacture 10300SB3695sam001 -38- LRB103 39207 CES 71631 a psilocybin at the premises.

SB3695 - 38 - LRB103 39207 CES 69355 b Section 85.

(b) An applicant must request an endorsement upon 10300SB3695sam001 -39- LRB103 39207 CES 71631 a submission of an initial application but may also request an endorsement at any time following licensure.

The Department of Agriculture shall adopt rules restricting the quantities of psilocybin products at premises for which a SB3695 - 39 - LRB103 39207 CES 69355 b license has been issued under Section 80.

10300SB3695sam001 -40- LRB103 39207 CES 71631 a Section 95.

(2) provide proof that the applicant is 1821 years of age or older;

(3) ensure that the service center is located in an area that is not within the limits of an area zoned SB3695 - 40 - LRB103 39207 CES 69355 b exclusively for residential use;

(1) require a service center operator to annually 10300SB3695sam001 -41- LRB103 39207 CES 71631 a renew a license issued under this Section;

Establishment of schools after issuance of SB3695 - 41 - LRB103 39207 CES 69355 b license.

(b) The Department of Financial and Professional 10300SB3695sam001 -42- LRB103 39207 CES 71631 a Regulation may adopt rules establishing the circumstances under which the Department may require a service center operator that holds a license issued under Section 95 to use an age verification scanner or any other equipment used to verify a person's age for the purpose of ensuring that the service center operator does not sell psilocybin products to a person under 1821 years of age.

(b) A facilitator must have a facilitator license issued SB3695 - 42 - LRB103 39207 CES 69355 b by the Department of Financial and Professional Regulation.

(2) provide proof that the applicant is 1821 years of age or older;

(3) have aeither: high school diploma or equivalent education;

(i) a baccalaureate degree from an accredited university or college;

10300SB3695sam001 -43- LRB103 39207 CES 71631 a (ii) a high school diploma or its equivalent and demonstrable experience administering psilocybin in a manner of cultural significance as part of a tradition, ceremony, or rite that is more than merely recreational use;

or (iii) a high school diploma or its equivalent and be licensed or certified as at least one of the following in good standing in Illinois:

(A) licensed behavior analyst or an assistant behavior analyst as defined under the Behavior Analyst Licensing Act;

(B) clinical psychologist or prescribing psychologist as defined under the Clinical Psychologist Licensing Act;

(C) licensed clinical social worker or licensed social worker as defined under the Clinical Social Work and Social Work Practice Act;

(D) licensed marriage and family therapist as defined under the Marriage and Family Therapy Licensing Act;

(E) licensed professional music therapist as defined under the Music Therapy Licensing and Practice Act;

(F) physician as defined under the Medical Practice Act of 1987;

(G) certified nurse midwife or licensed 10300SB3695sam001 -44- LRB103 39207 CES 71631 a certified professional midwife as defined under the Licensed Certified Professional Midwife Practice Act;

(H) advanced practice registered nurse, license-pending registered nurse, licensed practical nurse, or registered nurse as defined under the Nurse Practice Act;

(I) occupational therapist as defined under the Illinois Occupational Therapy Practice Act;

(J) licensed pharmacist, licensed pharmacy technician, or student pharmacist under the Pharmacy Practice Act;

(K) physician assistant as defined under the Physician Assistant Practice Act of 1987;

(L) licensed professional counselor or licensed clinical professional counselor as defined under the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act;

(M) community health worker as defined under the Community Health Worker Certification and Reimbursement Act;

(N) naprapath as defined under the Naprapathic Practice Act;

(O) licensed orthoptist, licensed pedorthist, a licensed podiatric physician, or a licensed 10300SB3695sam001 -45- LRB103 39207 CES 71631 a prosthetist as defined under the Orthotics, Prosthetics, and Pedorthics Practice Act;

(P) certified Recovery Support Specialist certified by the Illinois Certification Board;

(Q) certified Peer Recovery Specialist;

(R) certified alcohol and drug counselor;

or (S) certified trainer as defined under the Illinois Mental Health First Aid Training Act;

(c) The Department of Financial and Professional Regulation mayshall notadopt requirerules athat facilitatorcomply towith havethe afollowing: degree from a university, college, postsecondary institution, or other institution of higher education.

(d) The Department of Financial and Professional Regulation shall adopt rules that comply with the following:

(3) require a facilitator to meet any public health SB3695 - 43 - LRB103 39207 CES 69355 b and safety standards and industry best practices established by the Department by rule.

(e)(d) Fees adopted under paragraph (2) of subsection (d) may not exceed, together with other fees collected under this Act, the cost of administering this Act and shall be deposited into 10300SB3695sam001 -46- LRB103 39207 CES 71631 a the Psilocybin Control and Regulation Fund.

(f)(e) A facilitator may be, but need not be, an employee, manager, director, officer, partner, member, shareholder, or direct or indirect owner of one or more service center operators.

(g)(f) A license issued to a facilitator under this Section is not limited to any one or more premises.

The Department of Financial and Professional Regulation may adopt rules establishing the circumstances under which the Department may require a facilitator that holds a license issued under Section 105 to use an age verification scanner or any other equipment used to verify a person's age for the purpose of SB3695 - 44 - LRB103 39207 CES 69355 b ensuring that the facilitator does not provide psilocybin services to a person under 1821 years of age.

10300SB3695sam001 -47- LRB103 39207 CES 71631 a Section 120.

A preparation session is intended to provide individuals with comprehensive information about the potential SB3695 - 45 - LRB103 39207 CES 69355 b risks and benefits of the use of psilocybin.

(c) If a preparation session is completed in accordance with all applicable requirements, specifications, and 10300SB3695sam001 -48- LRB103 39207 CES 71631 a guidelines, as determined by the Department, the facilitator must certify, in a form and manner prescribed by the Department, that the client completed the preparation session.

SB3695 - 46 - LRB103 39207 CES 69355 b (2) A copy of the completed and signed client information form must be delivered to the service center operator that operates the service center at which the administration session is to be held and to the facilitator that will supervise the administration 10300SB3695sam001 -49- LRB103 39207 CES 71631 a session.

SB3695 - 47 - LRB103 39207 CES 69355 b (a) After a client completes a preparation session and completes and signs a client information form, the client may participate in an administration session.

10300SB3695sam001 -50- LRB103 39207 CES 71631 a (c) If an administration session is completed in accordance with all applicable requirements, specifications, and guidelines, as determined by the Department, the facilitator must certify, in a form and manner prescribed by the Department, that the client completed the administration session.

(a) After a client completes an administration session, the facilitator who supervised the administration session must offer the client an opportunity to participate in an SB3695 - 48 - LRB103 39207 CES 69355 b integration session.

10300SB3695sam001 -51- LRB103 39207 CES 71631 a (b) An integration session may be, but need not be, held at a service center.

(a) If a client information form is offered as evidence in SB3695 - 49 - LRB103 39207 CES 69355 b any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a psilocybin product to a client, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a psilocybin product to a client unless it is 10300SB3695sam001 -52- LRB103 39207 CES 71631 a demonstrated that a reasonable person would have determined that the responses provided by the client on the client information form were incorrect or altered.

(d) The Department of Financial and Professional Regulation shall adopt rules for recordkeeping, privacy, and SB3695 - 50 - LRB103 39207 CES 69355 b confidentiality requirements of service centers.

10300SB3695sam001 -53- LRB103 39207 CES 71631 a Section 150.

(1) Determine the qualifications, training, education, SB3695 - 51 - LRB103 39207 CES 69355 b and fitness of applicants for licenses to facilitate psilocybin services, giving particular consideration to the following:

(A) facilitation skills that are affirming, nonjudgmental, culturally competent, trauma informed, 10300SB3695sam001 -54- LRB103 39207 CES 71631 a rooted in informed consent, and nondirective;

(6) Appoint representatives to conduct or supervise SB3695 - 52 - LRB103 39207 CES 69355 b examinations of applicants for licenses to facilitate psilocybin services.

10300SB3695sam001 -55- LRB103 39207 CES 71631 a (c) The Department of Financial and Professional Regulation shall approve courses for facilitators.

(g) If a licensee holds more than one license issued under this Act for the same premises, the Department of Financial SB3695 - 53 - LRB103 39207 CES 69355 b and Professional Regulation or the Department of Agriculture may require the premises to be segregated into separate areas for conducting the activities permitted under each license as is necessary to protect the public health and safety.

(h) As is necessary to protect the public health and 10300SB3695sam001 -56- LRB103 39207 CES 71631 a safety, the Department of Financial and Professional Regulation or the Department of Agriculture may require a licensee to maintain general liability insurance in an amount that the Department determines is reasonably affordable and available for the purpose of protecting the licensee against damages resulting from a cause of action related to activities undertaken pursuant to the license held by the licensee.

and SB3695 - 54 - LRB103 39207 CES 69355 b (5) ensuring compliance with this Act, rules adopted under this Act, and any other law of this State that charges the Department with a duty, function, or power related to psilocybin.

(j) The system developed under subsection (i) must be 10300SB3695sam001 -57- LRB103 39207 CES 71631 a capable of tracking, at a minimum, the following:

(l) In addition to any other disciplinary action available to the Department of Financial and Professional Regulation and SB3695 - 55 - LRB103 39207 CES 69355 b the Department of Agriculture under this Act, either Department may immediately restrict, suspend, or refuse to renew a license issued under this Act if circumstances create probable cause for the Department to conclude that a licensee has purchased or received a psilocybin product from an 10300SB3695sam001 -58- LRB103 39207 CES 71631 a unlicensed source or that a licensee has sold, stored, or transferred a psilocybin product in a manner that is not permitted by the licensee's license.

(3) The Department of Financial and Professional Regulation or the Department of Agriculture may refuse to issue, or may suspend, revoke, or refuse to renew, a license issued under this Act if the Department determines that a person who has a financial interest in the business operating or to be operated under the license committed or failed to commit an act that would constitute grounds for SB3695 - 56 - LRB103 39207 CES 69355 b the Department to refuse to issue, or to suspend, revoke, or refuse to renew, the license if the person is the licensee or applicant for the license.

(n) Notwithstanding the lapse, suspension, or revocation of a license issued under this Act, the Department of 10300SB3695sam001 -59- LRB103 39207 CES 71631 a Financial and Professional Regulation and the Department of Agriculture may perform the following:

and (3) in cases involving the proposed denial of a permit applied for under Section 180, the applicant may not SB3695 - 57 - LRB103 39207 CES 69355 b withdraw the applicant's application.

10300SB3695sam001 -60- LRB103 39207 CES 71631 a (1) psilocybin products left by a deceased, insolvent, or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution, or otherwise disposed of;

(b) A psilocybin product manufacturer that holds a license under Section 80 may deliver psilocybin products only to or on premises for which a license has been issued under Section 80 or Section 95 and may receive psilocybin products only from a psilocybin product manufacturer that holds a license under SB3695 - 58 - LRB103 39207 CES 69355 b Section 80.

(c) A service center operator that holds a license under Section 95 may deliver psilocybin products only to or on premises for which a license has been issued under Section 95 and may receive psilocybin products only from a psilocybin 10300SB3695sam001 -61- LRB103 39207 CES 71631 a product manufacturer that holds a license under Section 80 or a service center operator that holds a license under Section 95.

(f) A licensee or licensee representative may not sell or deliver a psilocybin product to a person under 1821 years of age.

SB3695 - 59 - LRB103 39207 CES 69355 b (2) The person's driver's license, issued by the State of Illinois or another state of the United States.

10300SB3695sam001 -62- LRB103 39207 CES 71631 a (5) An identification card issued by a federally recognized Indian tribe.

(2) When the client initiates legal action or makes a SB3695 - 60 - LRB103 39207 CES 69355 b complaint against the service center operator, the facilitator, or the employee.

(4) When the communication reveals that a minor may 10300SB3695sam001 -63- LRB103 39207 CES 71631 a have been a victim of a crime or physical, sexual, or emotional abuse or neglect.

(l) A licensee may not employ a person under 1821 years of age at premises for which a license has been issued under this Act.

(m) During an inspection of premises for which a license has been issued under this Act, the Department of Financial and Professional Regulation or the Department of Agriculture may require proof that a person performing work at the premises is 1821 years of age or older.

This subsection does not apply to a person temporarily at the premises to make a SB3695 - 61 - LRB103 39207 CES 69355 b service, maintenance, or repair call or for other purposes independent of the premises operations.

(n) If a person performing work has not provided proof of age requested by the Department of Financial and Professional Regulation or the Department of Agriculture under subsection 10300SB3695sam001 -64- LRB103 39207 CES 71631 a (m), the Department may request that the licensee provide proof that the person is 1821 years of age or older.

SB3695 - 62 - LRB103 39207 CES 69355 b Section 165.

(b) The Department of Financial and Professional 10300SB3695sam001 -65- LRB103 39207 CES 71631 a Regulation or the Department of Agriculture may prohibit the sale of a psilocybin product by a service center operator for a reasonable period of time, not exceeding 90 days, for the purpose of determining whether the psilocybin product complies with the minimum standards prescribed by the laws of this State.

A license issued under this Act serves the purpose of exempting the person who holds the license from the criminal laws of this State for possession, delivery, or manufacture of psilocybin products if the person complies with all State laws and rules SB3695 - 63 - LRB103 39207 CES 69355 b applicable to the licensee.

(a) Manufacturers, service centers, and laboratories that conduct testing of psilocybin products are subject to random 10300SB3695sam001 -66- LRB103 39207 CES 71631 a and unannounced dispensary inspections and psilocybin testing by the Department of Financial and Professional Regulation, Department of Agriculture, the Illinois State Police, local law enforcement, or as provided by rule.

(c) The Department of Financial and Professional Regulation or Department of Agriculture may conduct an investigation of an applicant, application, service center, manufacturer, manufacturer agent, licensed laboratory that SB3695 - 64 - LRB103 39207 CES 69355 b conducts testing of a psilocybin product, principal officer, facilitator, service center agent, third party vendor, or any other party associated with a service center, facilitator, manufacturer, or laboratory that conducts testing of psilocybin for an alleged violation of this Act or rules or to 10300SB3695sam001 -67- LRB103 39207 CES 71631 a determine qualifications to be granted a registration by the Department of Financial and Professional Regulation or Department of Agriculture.

The Department of Financial or SB3695 - 65 - LRB103 39207 CES 69355 b Professional Regulation or Department of Agriculture may issue nondisciplinary citations for minor violations.

The 10300SB3695sam001 -68- LRB103 39207 CES 71631 a citation shall be issued to the licensee and shall contain the licensee's name and address, the licensee's license number, a brief factual statement, the Sections of the law allegedly violated, and the fee, if any, imposed.

(1) material misstatement in furnishing information to SB3695 - 66 - LRB103 39207 CES 69355 b the Department;

(4) a pattern of conduct that demonstrates 10300SB3695sam001 -69- LRB103 39207 CES 71631 a incompetence or that the applicant has engaged in conduct or actions that would constitute grounds for discipline under this Act;

(10) conviction, entry of a plea of guilty, nolo contendere, or the equivalent in a State or federal court of a principal officer or agent-in-charge of a felony offense in accordance with Sections 2105-131, 2105-135, and 2105-205 of the Department of Professional Regulation SB3695 - 67 - LRB103 39207 CES 69355 b Law of the Civil Administrative Code of Illinois;

(12) a finding by the Department of a discrepancy in a 10300SB3695sam001 -70- LRB103 39207 CES 71631 a Department audit of psilocybin;

(17) any violation of the dispensing organization's SB3695 - 68 - LRB103 39207 CES 69355 b policies and procedures submitted to the Department annually as a condition for licensure;

10300SB3695sam001 -71- LRB103 39207 CES 71631 a (19) disclosing customer names, personal information, or protected health information in violation of any State or federal law;

(27) personnel insufficient in number or unqualified in training or experience to properly operate the service SB3695 - 69 - LRB103 39207 CES 69355 b center or manufacturer;

10300SB3695sam001 -72- LRB103 39207 CES 71631 a (b) All fines and fees imposed under this Section shall be paid no later than 60 days after the effective date of the order imposing the fine or as otherwise specified in the order.

SB3695 - 70 - LRB103 39207 CES 69355 b (b) If the Secretary temporarily suspends a license without a hearing, the licensee or its agent is entitled to a hearing within 45 days after the suspension notice has been issued.

10300SB3695sam001 -73- LRB103 39207 CES 71631 a (c) If the Department does not hold a hearing within 45 days after the date the suspension notice was issued, then the suspended license shall be automatically reinstated and the suspension vacated.

The Secretary shall cause the temporary suspension by issuing a suspension notice in connection with SB3695 - 71 - LRB103 39207 CES 69355 b the institution of proceedings for a hearing.

The hearing shall be limited to the issues cited in the 10300SB3695sam001 -74- LRB103 39207 CES 71631 a suspension notice, unless all parties agree otherwise.

(a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a licensed service center, facilitator, manufacturer, or laboratory SB3695 - 72 - LRB103 39207 CES 69355 b licensed to test psilocybin without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the appropriate Department authorized to issue such license in an amount not to exceed $10,000 for each offense as determined by that Department.

The civil 10300SB3695sam001 -75- LRB103 39207 CES 71631 a penalty shall be assessed by the appropriate Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(ii) direct him or her to file SB3695 - 73 - LRB103 39207 CES 69355 b a written answer to the charges under oath no later than 20 days after service;

(b) At the time and place fixed in the notice, the hearing 10300SB3695sam001 -76- LRB103 39207 CES 71631 a officer appointed by the Secretary or Director of such Department shall proceed to hear the charges, and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments.

The Department of Financial and Professional Regulation and the Department of Agriculture shall have the power to subpoena and bring before it any person and to take testimony either orally or by deposition, or both, SB3695 - 74 - LRB103 39207 CES 69355 b with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in courts in this State.

The Secretary, Director, or the hearing officer shall each have the power to administer oaths to witnesses at any hearings that the Departments are authorized 10300SB3695sam001 -77- LRB103 39207 CES 71631 a to conduct.

If no motion for rehearing is filed, then, upon the expiration of the time SB3695 - 75 - LRB103 39207 CES 69355 b specified for filing such motion or upon denial of a motion for rehearing, the Secretary or Director may enter an order in accordance with the recommendation of the hearing officer.

If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for 10300SB3695sam001 -78- LRB103 39207 CES 71631 a filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.

SB3695 - 76 - LRB103 39207 CES 69355 b (2) The term of a permit issued under this Section.

10300SB3695sam001 -79- LRB103 39207 CES 71631 a (b) The Department of Financial and Professional Regulation or the Department of Agriculture may require an individual applying for a permit under this Section to successfully complete a course, made available by or through that Department, through which the individual receives training on the following:

SB3695 - 77 - LRB103 39207 CES 69355 b (1) As part of a final order suspending a permit issued under this Section, the Department may require a permit holder to successfully complete the course as a condition of lifting the suspension.

(2) As part of a final order revoking a permit issued 10300SB3695sam001 -80- LRB103 39207 CES 71631 a under this Section, the Department shall require an individual to successfully complete the course prior to applying for a new permit.

SB3695 - 78 - LRB103 39207 CES 69355 b Section 185.

The Department of Agriculture or the Department of Financial and Professional Regulation, through the Illinois State Police, may require the fingerprints of any individual listed on an 10300SB3695sam001 -81- LRB103 39207 CES 71631 a application submitted under Section 180 for purposes of conducting a background check.

SB3695 - 79 - LRB103 39207 CES 69355 b Section 190.

10300SB3695sam001 -82- LRB103 39207 CES 71631 a Section 195.

(a) Except as authorized by rule, or as necessary in an emergency, a person under 1821 years of age may not enter or attempt to enter any portion of premises posted or otherwise identified as being prohibited to the use of persons under 1821 years of age.

(c) The prohibitions of this Section do not apply to a person under 1821 years of age who is acting under the direction of the Department of Financial and Professional Regulation or the Department of Agriculture or under the direction of a State or local law enforcement agency for the purpose of investigating the possible violation of a law prohibiting the sale of a psilocybin product to a person who is under 18 years of age.

(d) The prohibitions of this Section do not apply to a person under 1821 years of age who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting SB3695 - 80 - LRB103 39207 CES 69355 b sales of psilocybin products to persons who are under 18 years of age.

(e) A person under 1821 years of age is not in violation of, and is immune from prosecution under, this Section if either of the following occurred:

10300SB3695sam001 -83- LRB103 39207 CES 71631 a (1) The person contacted emergency medical services or a law enforcement agency in order to obtain medical assistance for another person who was in need of medical assistance because that person consumed a psilocybin product and the evidence of the violation was obtained as a result of the person having contacted emergency medical services or a law enforcement agency.

SB3695 - 81 - LRB103 39207 CES 69355 b (b) Violation of this Section is a Class A misdemeanor.

(a) A psilocybin product may not be given as a prize, 10300SB3695sam001 -84- LRB103 39207 CES 71631 a premium, or consideration for a lottery, contest, game of chance, game of skill, or competition of any kind.

A law enforcement officer who has notice, knowledge, or reasonable grounds for suspicion of a violation of this Act shall immediately notify the State's Attorney who has SB3695 - 82 - LRB103 39207 CES 69355 b jurisdiction over the violation and furnish the State's Attorney who has jurisdiction over the violation with the name and address of any witnesses to the violation or other information related to the violation.

(b) A county court, State's Attorney, or municipal 10300SB3695sam001 -85- LRB103 39207 CES 71631 a authority, immediately upon the conviction of a licensee of a violation of this Act or of a violation of any other law of this State or ordinance of a city or county located in this State, an element of which is the possession, delivery, or manufacture of a psilocybin product, shall notify the Department of the conviction.

(a) The authority to impose a tax or fee on the SB3695 - 83 - LRB103 39207 CES 69355 b manufacturing, sale, or provision of psilocybin products in this State or on the provision of psilocybin services in this State is an exclusive power and function of the State.

This Section is a denial 10300SB3695sam001 -86- LRB103 39207 CES 71631 a and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(b) The Department of Financial and Professional Regulation or the Department of Agriculture may not revoke, refuse to issue, or renew a license or permit under this Act on the basis that manufacturing, distributing, dispensing, SB3695 - 84 - LRB103 39207 CES 69355 b possessing, or using psilocybin products is prohibited by federal law.

Subject to any applicable 10300SB3695sam001 -87- LRB103 39207 CES 71631 a provision of Illinois law, any State officer, board, commission, corporation, institution, department, or other State body, and any local officer, board, commission, institution, department, or other local government body, that is authorized by the laws of this State to perform a duty, function, or power with respect to a psilocybin product may purchase, possess, seize, or dispose of the psilocybin product as the State officer, board, commission, corporation, institution, department, or other State body or the local officer, board, commission, institution, department, or other local government body considers necessary to ensure compliance with and enforce the applicable State law or any rule adopted under the applicable State law.

SB3695 - 85 - LRB103 39207 CES 69355 b Section 245.

(2) a crop for purposes of a farm or agricultural 10300SB3695sam001 -88- LRB103 39207 CES 71631 a practice;

Regulation of psilocybin products as food or SB3695 - 86 - LRB103 39207 CES 69355 b other commodity.

(a) Notwithstanding the authority granted to the Department of Agriculture under the provisions of any law to the contrary, the Department of Agriculture may not exercise authority over a psilocybin product or a licensee except as 10300SB3695sam001 -89- LRB103 39207 CES 71631 a provided in this Act.

SB3695 - 87 - LRB103 39207 CES 69355 b Section 265.

(a) Subject to subsection (b), information is exempt from public disclosure under the Freedom of Information Act if the 10300SB3695sam001 -90- LRB103 39207 CES 71631 a information is any of the following:

(c) For purposes of paragraph (1) of subsection (b), an SB3695 - 88 - LRB103 39207 CES 69355 b individual is not a direct owner of the business operating or to be operated under the license if the individual is either of the following:

or 10300SB3695sam001 -91- LRB103 39207 CES 71631 a (2) merely a general partner, limited partner, member, shareholder, or other direct or indirect owner of the legal entity.

SB3695 - 89 - LRB103 39207 CES 69355 b (F) psilocin concentration;

(4) Establish different minimum standards for 10300SB3695sam001 -92- LRB103 39207 CES 71631 a different varieties of psilocybin products.

(f) The testing of psilocybin products as required by this SB3695 - 90 - LRB103 39207 CES 69355 b Section must be conducted by a laboratory licensed by the Department under Section 275 and accredited by the Department under Section 290.

(g) In adopting rules under subsection (a), the Department shall consider the cost of a potential testing procedure and 10300SB3695sam001 -93- LRB103 39207 CES 71631 a how that cost will affect the cost to the ultimate client and may not adopt rules that are more restrictive than is reasonably necessary to protect the public health and safety.

SB3695 - 91 - LRB103 39207 CES 69355 b (A) tracking psilocybin products to be tested;

(c) A license issued under this Section must be renewed 10300SB3695sam001 -94- LRB103 39207 CES 71631 a annually.

The Department of Agriculture, through the Illinois State Police, may require the fingerprints of any individual listed on an SB3695 - 92 - LRB103 39207 CES 69355 b application submitted under Section 275 for purposes of conducting a background check.

The Illinois State Police shall charge a fee for conducting the 10300SB3695sam001 -95- LRB103 39207 CES 71631 a criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check.

(3) If the applicant is a member-managed limited SB3695 - 93 - LRB103 39207 CES 69355 b liability company, each voting member of the limited liability company.

(5) Any individual who holds a financial interest of 10300SB3695sam001 -96- LRB103 39207 CES 71631 a 10% or more in the person applying for the license.

(3) The Department may refuse to issue, or may suspend, revoke, or refuse to renew, a license issued under Section 275 if the Department determines that a person who has a financial interest in the business operating or to be operated under the license committed or failed to commit an act that would constitute grounds for the Department to refuse to issue, or to suspend, revoke, or refuse to renew, the license if the person were the SB3695 - 94 - LRB103 39207 CES 69355 b licensee or applicant for the license.

(a) A laboratory that conducts testing of a psilocybin product as required by Section 275 must be accredited and meet 10300SB3695sam001 -97- LRB103 39207 CES 71631 a other qualifications as established by the Department of Agriculture under this Section.

(e) In establishing fees under this Section for SB3695 - 95 - LRB103 39207 CES 69355 b laboratories that test psilocybin products, the Department shall establish fees that are reasonably calculated to pay the expenses incurred by the Department under this Section in accrediting laboratories that test psilocybin products.

10300SB3695sam001 -98- LRB103 39207 CES 71631 a Section 295.

SB3695 - 96 - LRB103 39207 CES 69355 b Section 305.

(a) In addition to any other liability or penalty provided by law, the Department of Agriculture may impose for each violation of a provision of Sections 270 through 310 or a rule adopted under those Sections a civil penalty that does not 10300SB3695sam001 -99- LRB103 39207 CES 71631 a exceed $500 for each day that the violation occurs.

SB3695 - 97 - LRB103 39207 CES 69355 b Section 315.

10300SB3695sam001 -100- LRB103 39207 CES 71631 a (1) Ensuring that psilocybin products have labeling that communicates the following:

SB3695 - 98 - LRB103 39207 CES 69355 b (2) shall consider the cost of a potential requirement and how that cost will affect the cost to the ultimate client;

and (3) may not adopt rules that are more restrictive than is reasonably necessary to protect the public health and 10300SB3695sam001 -101- LRB103 39207 CES 71631 a safety.

(a) As is necessary to protect the public health and safety, the Department of Agriculture shall adopt rules establishing standards for the packaging of psilocybin products, including, but not limited to, ensuring that psilocybin products are not marketed in a manner that is SB3695 - 99 - LRB103 39207 CES 69355 b either untruthful or misleading, or otherwise creates a significant risk of harm to public health and safety.

(b) In adopting rules under this Act, the Department shall require all psilocybin products sold or transferred by a service center that holds a license issued under Section 95 to 10300SB3695sam001 -102- LRB103 39207 CES 71631 a be packaged in accordance with subsection (a) and rules adopted under subsection (a).

The Department shall determine whether packaging submitted SB3695 - 100 - LRB103 39207 CES 69355 b under this Section complies with Section 325 and any rule adopted under Section 325.

(b) The Department of Agriculture may impose a fee for submitting packaging for preapproval under this Section that is reasonably calculated to not exceed the cost of 10300SB3695sam001 -103- LRB103 39207 CES 71631 a administering this Section.

SB3695 - 101 - LRB103 39207 CES 69355 b Section 341.

(a) In addition to other grounds specified in this Act, the Department of Agriculture and Department of Financial and Professional Regulation, upon notification by the Department 10300SB3695sam001 -104- LRB103 39207 CES 71631 a of Revenue, shall refuse the issuance or renewal of a license or suspend or revoke the license of any person, for any of the following violations of any tax Act administered by the Department of Revenue:

Upon receiving notice from the Department that a violation of any of items (1) through (6) of subsection (a) have been corrected or otherwise SB3695 - 102 - LRB103 39207 CES 69355 b resolved to the Department of Revenue's satisfaction, the Department of Agriculture and the Department of Financial and Professional Regulation may issue or renew the license or vacate an order of suspension or revocation.

10300SB3695sam001 -105- LRB103 39207 CES 71631 a Section 345.

(c) Moneys collected under this Section shall be deposited into the Psilocybin Control and Regulation Fund and are continuously appropriated to the Department for the purpose of carrying out the duties, functions, and powers of the SB3695 - 103 - LRB103 39207 CES 69355 b Department under this Act.

"Psilocybin retailer" means a service center operator that 10300SB3695sam001 -106- LRB103 39207 CES 71631 a sells psilocybin for use and not for resale.

(d) The tax imposed under this Article shall be in SB3695 - 104 - LRB103 39207 CES 69355 b addition to all other occupation, privilege, or excise taxes imposed by the State of Illinois or by any municipal corporation or political subdivision thereof.

(e) The tax imposed under this Article shall not be imposed on any purchase by a purchaser if the psilocybin 10300SB3695sam001 -107- LRB103 39207 CES 71631 a retailer is prohibited by federal or State Constitution, treaty, convention, statute, or court decision from collecting the tax from the purchaser.

The tax imposed by this Article shall, when collected, be stated as a SB3695 - 105 - LRB103 39207 CES 69355 b distinct item separate and apart from the purchase price of the psilocybin.

(b) If a psilocybin retailer collects the tax imposed pursuant to Section 360 measured by a purchase price that is not subject to Section 360, or if a psilocybin retailer, in 10300SB3695sam001 -108- LRB103 39207 CES 71631 a collecting the tax pursuant to Section 360 measured by a purchase price that is subject to tax under this Act, collects more from the purchaser than the required amount on the transaction, the purchaser shall have a legal right to claim a refund of that amount from the psilocybin retailer.

For SB3695 - 106 - LRB103 39207 CES 69355 b that purpose, the provisions of Section 2a of the Retailers' Occupation Tax Act are incorporated into this Article to the extent not inconsistent with this Article.

10300SB3695sam001 -109- LRB103 39207 CES 71631 a Section 380.

(2) the address of the psilocybin retailer's principal place of business and the address of the principal place of business (if that is a different address) from which SB3695 - 107 - LRB103 39207 CES 69355 b the psilocybin retailer engaged in the business of selling psilocybin subject to tax under this Article;

10300SB3695sam001 -110- LRB103 39207 CES 71631 a (4) the amount of tax due at each rate;

The psilocybin retailer making the return provided for in this Section shall also pay to the Department, in accordance with this Section, the amount of tax imposed by this Article, SB3695 - 108 - LRB103 39207 CES 69355 b less a discount of 2% per return period, which is allowed to reimburse the psilocybin retailer for the expenses incurred in keeping records, collecting tax, preparing and filing returns, remitting the tax, and supplying data to the Department upon request.

No discount may be claimed by a psilocybin retailer 10300SB3695sam001 -111- LRB103 39207 CES 71631 a on returns not timely filed and for taxes not timely remitted.

The amount of the quarter-monthly payments shall be credited against the final tax liability of the SB3695 - 109 - LRB103 39207 CES 69355 b psilocybin retailer's return for that month.

If any such quarter-monthly payment is not paid at the time or in the amount required by this Section, then the psilocybin retailer shall be liable for penalties and interest on the difference between the minimum amount due as a payment and the amount of 10300SB3695sam001 -112- LRB103 39207 CES 71631 a the quarter-monthly payment actually and timely paid, except insofar as the psilocybin retailer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section.

If the Department subsequently determines that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's discount shall be reduced, if necessary, to reflect the difference between the credit taken and that actually due, and that taxpayer shall be liable for penalties and interest SB3695 - 110 - LRB103 39207 CES 69355 b on the difference.

10300SB3695sam001 -113- LRB103 39207 CES 71631 a Section 390.

SB3695 - 111 - LRB103 39207 CES 69355 b The Department shall adopt rules regarding the eligibility for a waiver, revocation of a waiver, and requirements and standards for maintenance and accessibility of records located at a central location under a waiver provided under this Section.

10300SB3695sam001 -114- LRB103 39207 CES 71631 a (b) Books, records, papers, and documents that are required by this Article to be kept shall, at all times during the usual business hours of the day, be subject to inspection by the Department or its duly authorized agents and employees.

(b) When the amount due is $300 or more, any retailer of SB3695 - 112 - LRB103 39207 CES 69355 b psilocybin who files, or causes to be filed, a fraudulent return, or any officer or agent of a corporation engaged in the business of selling psilocybin to purchasers located in this State who files or causes to be filed or signs or causes to be signed a fraudulent return filed on behalf of the corporation, 10300SB3695sam001 -115- LRB103 39207 CES 71631 a or any accountant or other agent who knowingly enters false information on the return of any taxpayer under this Article is guilty of a Class 3 felony.

(d) Any person who violates any provision of Sections 375, fails to keep books and records as required under this Article, or willfully violates a rule of the Department for the administration and enforcement of this Article, is guilty SB3695 - 113 - LRB103 39207 CES 69355 b of a business offense and may be fined up to $5,000.

A person who is unable to rebut 10300SB3695sam001 -116- LRB103 39207 CES 71631 a this presumption is in violation of this Article and is subject to the penalties provided in this Section.

(g) Any person who knowingly acts as a retailer of SB3695 - 114 - LRB103 39207 CES 69355 b psilocybin in this State without first having obtained a certificate of registration to do so in compliance with this Article shall be guilty of a Class 4 felony.

(h) A person commits the offense of tax evasion under this Article when the person knowingly attempts in any manner to 10300SB3695sam001 -117- LRB103 39207 CES 71631 a evade or defeat the tax imposed on the person or on any other person, or the payment thereof, and the person commits an affirmative act in furtherance of the evasion.

SB3695 - 115 - LRB103 39207 CES 69355 b (3) When the amount of tax, the assessment or payment of which is attempted to be or is evaded is $10,000 or more but less than $100,000, a person is guilty of a Class 2 felony.

(4) When the amount of tax, the assessment or payment 10300SB3695sam001 -118- LRB103 39207 CES 71631 a of which is attempted to be or is evaded is $100,000 or more, a person is guilty of a Class 1 felony.

"Electronic cash register" means a device that keeps a register or supporting documents through the use of an SB3695 - 116 - LRB103 39207 CES 69355 b electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data in any manner.

a taxability determination 10300SB3695sam001 -119- LRB103 39207 CES 71631 a for each item;

SB3695 - 117 - LRB103 39207 CES 69355 b (k) Except as otherwise provided in subsection (h), a prosecution for a violation described in this Section may be commenced within 3 years after the commission of the act constituting the violation.

10300SB3695sam001 -120- LRB103 39207 CES 71631 a Section 405.

The Department shall give not less than 20 days' notice of the time and place of the hearing to the owner of the psilocybin, if the owner is known, and also to the person in whose possession the psilocybin was found, if that person is known and if the person in possession is not the SB3695 - 118 - LRB103 39207 CES 69355 b owner of the psilocybin.

If neither the owner nor the person in possession of the psilocybin is known, the Department must cause publication of the time and place of the hearing to be made at least once in each week for 3 weeks successively in a newspaper of general circulation in the county where the 10300SB3695sam001 -121- LRB103 39207 CES 71631 a hearing is to be held.

(a) If a peace officer of this State or any duly authorized officer or employee of the Department has reason to believe SB3695 - 119 - LRB103 39207 CES 69355 b that any violation of this Article or a rule of the Department for the administration and enforcement of this Article has occurred and that the person violating this Article or rule has in that person's possession any psilocybin in violation of this Article or a rule of the Department for the 10300SB3695sam001 -122- LRB103 39207 CES 71631 a administration and enforcement of this Article, that peace officer, or officer or employee of the Department, may file or cause to be filed his or her complaint in writing, verified by affidavit, with any court within whose jurisdiction the premises to be searched are situated, stating the facts upon which the belief is founded, the premises to be searched, and the property to be seized, and procure a search warrant and execute that warrant.

Upon the return of the process duly served or upon the posting or publishing of SB3695 - 120 - LRB103 39207 CES 69355 b notice made, as appropriate, the court or jury, if a jury is demanded, shall proceed to determine whether the property seized was held or possessed in violation of this Article or a rule of the Department for the administration and enforcement of this Article.

If a violation is found, judgment shall be 10300SB3695sam001 -123- LRB103 39207 CES 71631 a entered confiscating the property and forfeiting it to the State and ordering its delivery to the Department.

The Department may adopt rules in SB3695 - 121 - LRB103 39207 CES 69355 b accordance with the Illinois Administrative Procedure Act and prescribe forms relating to the administration and enforcement of this Article as it deems appropriate.

The Illinois 10300SB3695sam001 -124- LRB103 39207 CES 71631 a Psilocybin Fund is created as a special fund in the State treasury.

All of the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, SB3695 - 122 - LRB103 39207 CES 69355 b 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11, 11a, and 12 of the Retailers' Occupation Tax Act, and all applicable provisions of the Uniform Penalty and Interest Act that are not inconsistent with this Act, apply to clients, legal entities, licensees, licensee representatives, psilocybin product 10300SB3695sam001 -125- LRB103 39207 CES 71631 a manufacturers, service centers, service center operators, and facilitators to the same extent as if those provisions were included in this Act.

Every retailer maintaining a place of business in this State, if not required to register under the Retailers' Occupation Tax Act, shall apply to the Department of Revenue (upon a form prescribed and furnished by the Department of Revenue) for a Certificate of SB3695 - 123 - LRB103 39207 CES 69355 b Registration under this Act.

Upon approval of an application for Certificate of Registration, the Department of Revenue shall issue, without charge, a Certificate of 10300SB3695sam001 -126- LRB103 39207 CES 71631 a Registration to the applicant.

Where a retailer operates more than one place of business which is subject to registration under this Section and such businesses are substantially different in character or are engaged in under different trade names or are engaged in under other substantially dissimilar circumstances (so that it is more SB3695 - 124 - LRB103 39207 CES 69355 b practicable, from an accounting, auditing, or bookkeeping standpoint, for such businesses to be separately registered), the Department of Revenue may require or permit such person to apply for and obtain a separate Certificate of Registration for each such business or for any of such businesses instead of 10300SB3695sam001 -127- LRB103 39207 CES 71631 a registering such person, as to all such businesses, under a single Certificate of Registration supplemented by related Sub-Certificates of Registration.

Such permit may be revoked by the Department as SB3695 - 125 - LRB103 39207 CES 69355 b provided herein.

10300SB3695sam001 -128- LRB103 39207 CES 71631 a Section 900.

(b-5) Files, documents, and other data or databases maintained by one or more law enforcement agencies and SB3695 - 126 - LRB103 39207 CES 69355 b specifically designed to provide information to one or more law enforcement agencies regarding the physical or mental status of one or more individual subjects.

(c) Personal information contained within public records, the disclosure of which would constitute a 10300SB3695sam001 -129- LRB103 39207 CES 71631 a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information.

(ii) interfere with active administrative SB3695 - 127 - LRB103 39207 CES 69355 b enforcement proceedings conducted by the public body that is the recipient of the request;

10300SB3695sam001 -130- LRB103 39207 CES 71631 a (iv) unavoidably disclose the identity of a confidential source, confidential information furnished only by the confidential source, or persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies;

(vi) endanger the life or physical safety of law SB3695 - 128 - LRB103 39207 CES 69355 b enforcement personnel or any other person;

(d-5) A law enforcement record created for law enforcement purposes and contained in a shared electronic 10300SB3695sam001 -131- LRB103 39207 CES 71631 a record management system if the law enforcement agency that is the recipient of the request did not create the record, did not participate in or have a role in any of the events which are the subject of the record, and only has access to the record through the shared electronic record management system.

(e-5) Records requested by persons committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail if those SB3695 - 129 - LRB103 39207 CES 69355 b materials are available in the library of the correctional institution or facility or jail where the inmate is confined.

(e-6) Records requested by persons committed to the Department of Corrections, Department of Human Services 10300SB3695sam001 -132- LRB103 39207 CES 71631 a Division of Mental Health, or a county jail if those materials include records from staff members' personnel files, staff rosters, or other staffing assignment information.

(e-9) Records requested by a person in a county jail or committed to the Department of Corrections or Department of Human Services Division of Mental Health, containing personal information pertaining to the person's victim or the victim's family, including, but not limited SB3695 - 130 - LRB103 39207 CES 69355 b to, a victim's home address, home telephone number, work or school address, work telephone number, social security number, or any other identifying information, except as may be relevant to a requester's current or potential case or claim.

10300SB3695sam001 -133- LRB103 39207 CES 71631 a (e-10) Law enforcement records of other persons requested by a person committed to the Department of Corrections, Department of Human Services Division of Mental Health, or a county jail, including, but not limited to, arrest and booking records, mug shots, and crime scene photographs, except as these records may be relevant to the requester's current or potential case or claim.

(g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, SB3695 - 131 - LRB103 39207 CES 69355 b privileged, or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.

10300SB3695sam001 -134- LRB103 39207 CES 71631 a The information included under this exemption includes all trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund.

(h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage SB3695 - 132 - LRB103 39207 CES 69355 b to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made.

10300SB3695sam001 -135- LRB103 39207 CES 71631 a (i) Valuable formulae, computer geographic systems, designs, drawings, and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss.

(iii) information concerning a school or SB3695 - 133 - LRB103 39207 CES 69355 b university's adjudication of student disciplinary cases, but only to the extent that disclosure would unavoidably reveal the identity of the student;

10300SB3695sam001 -136- LRB103 39207 CES 71631 a (k) Architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, including, but not limited to, power generating and distribution stations and other transmission and distribution facilities, water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings, but only to the extent that disclosure would compromise security.

(m) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil, or administrative SB3695 - 134 - LRB103 39207 CES 69355 b proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.

however, 10300SB3695sam001 -137- LRB103 39207 CES 71631 a this exemption shall not extend to the final outcome of cases in which discipline is imposed.

(r) The records, documents, and information relating to real estate purchase negotiations until those SB3695 - 135 - LRB103 39207 CES 69355 b negotiations have been completed or otherwise terminated.

With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents, and information relating to that parcel shall be exempt except 10300SB3695sam001 -138- LRB103 39207 CES 71631 a as may be allowed under discovery rules adopted by the Illinois Supreme Court.

(u) Information that would disclose or might lead to the disclosure of secret or confidential information, SB3695 - 136 - LRB103 39207 CES 69355 b codes, algorithms, programs, or private keys intended to be used to create electronic signatures under the Uniform Electronic Transactions Act.

(v) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, 10300SB3695sam001 -139- LRB103 39207 CES 71631 a prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, but only to the extent that disclosure could reasonably be expected to expose the vulnerability or jeopardize the effectiveness of the measures, policies, or plans, or the safety of the personnel who implement them or the public.

(y) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities SB3695 - 137 - LRB103 39207 CES 69355 b Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission.

(z) Information about students exempted from disclosure under Section 10-20.38 or 34-18.29 of the 10300SB3695sam001 -140- LRB103 39207 CES 71631 a School Code, and information about undergraduate students enrolled at an institution of higher education exempted from disclosure under Section 25 of the Illinois Credit Card Marketing Act of 2009.

(ee) The names, addresses, or other personal information of persons who are minors and are also participants and registrants in programs of park SB3695 - 138 - LRB103 39207 CES 69355 b districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations.

(ff) The names, addresses, or other personal information of participants and registrants in programs of 10300SB3695sam001 -141- LRB103 39207 CES 71631 a park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations where such programs are targeted primarily to minors.

or (iii) are available through an administrative request to the Department of Human Services or the Department of SB3695 - 139 - LRB103 39207 CES 69355 b Corrections.

(kk) The public body's credit card numbers, debit card numbers, bank account numbers, Federal Employer 10300SB3695sam001 -142- LRB103 39207 CES 71631 a Identification Number, security code numbers, passwords, and similar account information, the disclosure of which could result in identity theft or impression or defrauding of a governmental entity or a person.

(pp) Any and all information regarding burials, interments, or entombments of human remains as required to be reported to the Department of Natural Resources pursuant either to the Archaeological and Paleontological SB3695 - 140 - LRB103 39207 CES 69355 b Resources Protection Act or the Human Remains Protection Act.

10300SB3695sam001 -143- LRB103 39207 CES 71631 a (rr) (pp) Information obtained by a certified local health department under the Access to Public Health Data Act.

(1.5) Any information exempt from disclosure under the Judicial Privacy Act shall be redacted from public records SB3695 - 141 - LRB103 39207 CES 69355 b prior to disclosure under this Act.

(2) A public record that is not in the possession of a public body but is in the possession of a party with whom the agency has contracted to perform a governmental function on behalf of the public body, and that directly relates to the 10300SB3695sam001 -144- LRB103 39207 CES 71631 a governmental function and is not otherwise exempt under this Act, shall be considered a public record of the public body, for purposes of this Act.

The Criminal Identification Act is amended by changing Section 5.2 as follows:

(20 ILCS 2630/5.2) Sec.

5.2.

Expungement, sealing, and immediate sealing.

(a) General Provisions.

SB3695 - 142 - LRB103 39207 CES 69355 b (1) Definitions.

In this Act, words and phrases have the meanings set forth in this subsection, except when a particular context clearly requires a different meaning.

(A) The following terms shall have the meanings ascribed to them in the following Sections of the Unified Code of Corrections:

Business Offense, Section 5-1-2.

Charge, Section 5-1-3.

Court, Section 5-1-6.

Defendant, Section 5-1-7.

Felony, Section 5-1-9.

Imprisonment, Section 5-1-10.

Judgment, Section 5-1-12.

Misdemeanor, Section 5-1-14.

Offense, Section 5-1-15.

Parole, Section 5-1-16.

Petty Offense, Section 5-1-17.

Probation, Section 5-1-18.

Sentence, Section 5-1-19.

Supervision, Section 5-1-21.

Victim, Section 5-1-22.

(B) As used in this Section, "charge not initiated by arrest" means a charge (as defined by Section 5-1-3 of the Unified Code of Corrections) brought against a defendant where the defendant is not arrested prior to or as a direct result of the charge.

SB3695 - 143 - LRB103 39207 CES 69355 b (C) "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.

An order of supervision successfully completed by the petitioner is not a conviction.

An order of qualified probation (as defined in subsection (a)(1)(J)) successfully completed by the petitioner is not a conviction.

An order of supervision or an order of qualified probation that is terminated unsatisfactorily is a conviction, unless the unsatisfactory termination is reversed, vacated, or modified and the judgment of conviction, if any, is reversed or vacated.

(D) "Criminal offense" means a petty offense, business offense, misdemeanor, felony, or municipal ordinance violation (as defined in subsection (a)(1)(H)).

As used in this Section, a minor traffic offense (as defined in subsection (a)(1)(G)) shall not be considered a criminal offense.

(E) "Expunge" means to physically destroy the records or return them to the petitioner and to obliterate the petitioner's name from any official index or public record, or both.

Nothing in this Act shall require the physical destruction of the circuit SB3695 - 144 - LRB103 39207 CES 69355 b court file, but such records relating to arrests or charges, or both, ordered expunged shall be impounded as required by subsections (d)(9)(A)(ii) and (d)(9)(B)(ii).

(F) As used in this Section, "last sentence" means the sentence, order of supervision, or order of qualified probation (as defined by subsection (a)(1)(J)), for a criminal offense (as defined by subsection (a)(1)(D)) that terminates last in time in any jurisdiction, regardless of whether the petitioner has included the criminal offense for which the sentence or order of supervision or qualified probation was imposed in his or her petition.

If multiple sentences, orders of supervision, or orders of qualified probation terminate on the same day and are last in time, they shall be collectively considered the "last sentence" regardless of whether they were ordered to run concurrently.

(G) "Minor traffic offense" means a petty offense, business offense, or Class C misdemeanor under the Illinois Vehicle Code or a similar provision of a municipal or local ordinance.

(G-5) "Minor Cannabis Offense" means a violation of Section 4 or 5 of the Cannabis Control Act concerning not more than 30 grams of any substance containing cannabis, provided the violation did not SB3695 - 145 - LRB103 39207 CES 69355 b include a penalty enhancement under Section 7 of the Cannabis Control Act and is not associated with an arrest, conviction or other disposition for a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act.

(H) "Municipal ordinance violation" means an offense defined by a municipal or local ordinance that is criminal in nature and with which the petitioner was charged or for which the petitioner was arrested and released without charging.

(I) "Petitioner" means an adult or a minor prosecuted as an adult who has applied for relief under this Section.

(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 of the Steroid Control Act.

For the purpose of this Section, "successful completion" of an order of SB3695 - 146 - LRB103 39207 CES 69355 b qualified probation under Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act and Section 40-10 of the Substance Use Disorder Act means that the probation was terminated satisfactorily and the judgment of conviction was vacated.

(K) "Seal" means to physically and electronically maintain the records, unless the records would otherwise be destroyed due to age, but to make the records unavailable without a court order, subject to the exceptions in Sections 12 and 13 of this Act.

The petitioner's name shall also be obliterated from the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but any index issued by the circuit court clerk before the entry of the order to seal shall not be affected.

(L) "Sexual offense committed against a minor" includes, but is not limited to, the offenses of indecent solicitation of a child or criminal sexual abuse when the victim of such offense is under 18 years of age.

(M) "Terminate" as it relates to a sentence or order of supervision or qualified probation includes either satisfactory or unsatisfactory termination of the sentence, unless otherwise specified in this Section.

A sentence is terminated notwithstanding any SB3695 - 147 - LRB103 39207 CES 69355 b outstanding financial legal obligation.

(2) Minor Traffic Offenses.

Orders of supervision or convictions for minor traffic offenses shall not affect a petitioner's eligibility to expunge or seal records pursuant to this Section.

(2.5) Commencing 180 days after July 29, 2016 (the effective date of Public Act 99-697), the law enforcement agency issuing the citation shall automatically expunge, on or before January 1 and July 1 of each year, the law enforcement records of a person found to have committed a civil law violation of subsection (a) of Section 4 of the Cannabis Control Act or subsection (c) of Section 3.5 of the Drug Paraphernalia Control Act in the law enforcement agency's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for that offense.

The law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation.

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 SB3695 - 148 - LRB103 39207 CES 69355 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.

(2.6) Commencing 180 days after the effective date of this amendatory Act of the 103rd General Assembly, the law enforcement agency issuing the citation shall automatically expunge, on or before January 1 and July 1 of each year, the law enforcement records of a person found to have committed a violation of subsection (e) of Section 401 of the Illinois Controlled Substances Act by possessing psilocybin and psilocin or of subsection (a) of Section 3.5 of the Drug Paraphernalia Control Act by possessing paraphernalia used in relation to psilocybin and psilocin in the law enforcement agency's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for that offense.

The law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation.

Commencing 180 days after the effective date of this amendatory Act of the 103rd General Assembly, 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 SB3695 - 149 - LRB103 39207 CES 69355 b committed a violation of subsection (e) of Section 401 of the Illinois Controlled Substances Act by possessing psilocybin and psilocin or of subsection (a) of Section 3.5 of the Drug Paraphernalia Control Act by possessing paraphernalia used in relation to psilocybin and psilocin 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.

(3) Exclusions.

Except as otherwise provided in subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) of this Section, the court shall not order:

(A) the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of:

(i) any sexual offense committed against a minor;

(ii) Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance;

or (iii) Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, unless the arrest or charge is for a misdemeanor violation of subsection (a) of Section 11-503 or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance.

SB3695 - 150 - LRB103 39207 CES 69355 b (B) the sealing or expungement of records of minor traffic offenses (as defined in subsection (a)(1)(G)), unless the petitioner was arrested and released without charging.

(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:

(i) offenses included in Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a local ordinance, except Section 11-14 and a misdemeanor violation of Section 11-30 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance;

(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 26-5, or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance;

(iii) Section 12-3.1 or 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 125 of the Stalking No Contact Order Act, or Section 219 of the Civil No Contact Order Act, or a similar provision of a local ordinance;

(iv) Class A misdemeanors or felony offenses under the Humane Care for Animals Act;

or SB3695 - 151 - LRB103 39207 CES 69355 b (v) any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act.

(D) (blank).

(b) Expungement.

(1) A petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when each arrest or charge not initiated by arrest sought to be expunged resulted in:

(i) acquittal, dismissal, or the petitioner's release without charging, unless excluded by subsection (a)(3)(B);

(ii) a conviction which was vacated or reversed, unless excluded by subsection (a)(3)(B);

(iii) an order of supervision and such supervision was successfully completed by the petitioner, unless excluded by subsection (a)(3)(A) or (a)(3)(B);

or (iv) an order of qualified probation (as defined in subsection (a)(1)(J)) and such probation was successfully completed by the petitioner.

(1.5) When a petitioner seeks to have a record of arrest expunged under this Section, and the offender has been convicted of a criminal offense, the State's Attorney may object to the expungement on the grounds that the records contain specific relevant information aside from the mere fact of the arrest.

(2) Time frame for filing a petition to expunge.

(A) When the arrest or charge not initiated by SB3695 - 152 - LRB103 39207 CES 69355 b 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 such records.

(B) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of supervision, successfully completed by the petitioner, the following time frames will apply:

(i) Those arrests or charges that resulted in orders of supervision under Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance, or under Section 11-1.50, 12-3.2, or 12-15 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance, shall not be eligible for expungement until 5 years have passed following the satisfactory termination of the supervision.

(i-5) Those arrests or charges that resulted in orders of supervision for a misdemeanor violation of subsection (a) of Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for violating SB3695 - 153 - LRB103 39207 CES 69355 b Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance shall not be eligible for expungement until the petitioner has reached the age of 25 years.

(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.

(C) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of qualified probation, successfully completed by the petitioner, such records shall not be eligible for expungement until 5 years have passed following the satisfactory termination of the probation.

(3) Those records maintained by the Illinois State Police for persons arrested prior to their 17th birthday shall be expunged as provided in Section 5-915 of the Juvenile Court Act of 1987.

(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 SB3695 - 154 - LRB103 39207 CES 69355 b 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 Illinois State Police, 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.

The records of the circuit court clerk shall be sealed until further order of the court upon good cause shown and the name of the aggrieved person 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.

Nothing in this Section shall limit the Illinois State Police or other criminal justice agencies or prosecutors from listing under an offender's name the false names he or she has used.

(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 SB3695 - 155 - LRB103 39207 CES 69355 b 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 with the proceedings of the trial court concerning that offense.

However, the records of the arresting authority and the Illinois State Police concerning the offense shall not be sealed.

The court, upon good cause shown, shall make the records of the circuit court clerk in connection with the proceedings of the trial court concerning the offense available for public inspection.

(6) If a conviction has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the petitioner was factually innocent of the charge, the court that finds the petitioner factually innocent of the charge shall enter an expungement order for the conviction for which the petitioner has been determined to be innocent as provided in subsection (b) of Section 5-5-4 of the Unified Code of Corrections.

(7) Nothing in this Section shall prevent the Illinois 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 SB3695 - 156 - LRB103 39207 CES 69355 b 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 Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, or Section 10 of the Steroid Control Act.

(8) If the petitioner has been granted a certificate of innocence under Section 2-702 of the Code of Civil Procedure, the court that grants the certificate of innocence shall also enter an order expunging the conviction for which the petitioner has been determined to be innocent as provided in subsection (h) of Section 2-702 of the Code of Civil Procedure.

(c) Sealing.

(1) Applicability.

Notwithstanding any other provision of this Act to the contrary, and cumulative with any rights to expungement of criminal records, this subsection authorizes the sealing of criminal records of adults and of minors prosecuted as adults.

Subsection (g) of this Section provides for immediate sealing of certain records.

(2) Eligible Records.

The following records may be sealed:

(A) All arrests resulting in release without charging;

SB3695 - 157 - LRB103 39207 CES 69355 b (B) Arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, except as excluded by subsection (a)(3)(B);

(C) Arrests or charges not initiated by arrest resulting in orders of supervision, including orders of supervision for municipal ordinance violations, successfully completed by the petitioner, unless excluded by subsection (a)(3);

(D) Arrests or charges not initiated by arrest resulting in convictions, including convictions on municipal ordinance violations, unless excluded by subsection (a)(3);

(E) Arrests or charges not initiated by arrest resulting in orders of first offender 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, or Section 5-6-3.3 of the Unified Code of Corrections;

and (F) Arrests or charges not initiated by arrest resulting in felony convictions unless otherwise excluded by subsection (a) paragraph (3) of this Section.

(3) When Records Are Eligible to Be Sealed.

Records identified as eligible under subsection (c)(2) may be SB3695 - 158 - LRB103 39207 CES 69355 b sealed as follows:

(A) Records identified as eligible under subsections (c)(2)(A) and (c)(2)(B) may be sealed at any time.

(B) Except as otherwise provided in subparagraph (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)).

(C) Except as otherwise provided in subparagraph (E) of this paragraph (3), records identified as eligible under subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be sealed 3 years after the termination of the petitioner's last sentence (as defined in subsection (a)(1)(F)).

Convictions requiring public registration under the Arsonist Registration Act, the Sex Offender Registration Act, or the Murderer and Violent Offender Against Youth Registration Act may not be sealed until the petitioner is no longer required to register under that relevant Act.

(D) Records identified in subsection (a)(3)(A)(iii) may be sealed after the petitioner has reached the age of 25 years.

(E) Records identified as eligible under subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or (c)(2)(F) may be sealed upon termination of the SB3695 - 159 - LRB103 39207 CES 69355 b 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 of his or her sentence or mandatory supervised release.

This subparagraph shall apply only to a petitioner who has not completed the same educational goal prior to the period of his or her sentence or mandatory supervised release.

If a petition for sealing eligible records filed under this subparagraph is denied by the court, the time periods under subparagraph (B) or (C) shall apply to any subsequent petition for sealing filed by the petitioner.

(4) Subsequent felony convictions.

A person may not have subsequent felony conviction records sealed as provided in this subsection (c) if he or she is convicted of any felony offense after the date of the sealing of prior felony convictions as provided in this subsection (c).

The court may, upon conviction for a subsequent felony offense, order the unsealing of prior felony conviction records previously ordered sealed by the court.

(5) Notice of eligibility for sealing.

Upon entry of a disposition for an eligible record under this subsection (c), the petitioner shall be informed by the court of the right to have the records sealed and the procedures for SB3695 - 160 - LRB103 39207 CES 69355 b the sealing of the records.

(d) Procedure.

The following procedures apply to expungement under subsections (b), (e), and (e-6) and sealing under subsections (c) and (e-5):

(1) Filing the petition.

Upon becoming eligible to petition for the expungement or sealing of records under this Section, the petitioner shall file a petition requesting the expungement or sealing of records with the clerk of the court where the arrests occurred or the charges were brought, or both.

If arrests occurred or charges were brought in multiple jurisdictions, a petition must be filed in each such jurisdiction.

The petitioner shall pay the applicable fee, except no fee shall be required if the petitioner has obtained a court order waiving fees under Supreme Court Rule 298 or it is otherwise waived.

(1.5) County fee waiver pilot program.

From August 9, 2019 (the effective date of Public Act 101-306) through December 31, 2020, in a county of 3,000,000 or more inhabitants, no fee shall be required to be paid by a petitioner if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, unless excluded by subsection (a)(3)(B).

The provisions of this paragraph (1.5), other SB3695 - 161 - LRB103 39207 CES 69355 b than this sentence, are inoperative on and after January 1, 2022.

(2) Contents of petition.

The petition shall be verified and shall contain the petitioner's name, date of 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.

During the pendency of the proceeding, the petitioner shall promptly notify the circuit court clerk of any change of his or her address.

If the petitioner has received a certificate of eligibility for sealing from the Prisoner Review Board under paragraph (10) of subsection (a) of Section 3-3-2 of the Unified Code of Corrections, the certificate shall be attached to the petition.

(3) Drug test.

The petitioner must attach to the petition proof that the petitioner has taken within 30 days before the filing of the petition a test showing the absence within his or her body of all illegal substances as defined by the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act if he or she is petitioning to:

(A) seal felony records under clause (c)(2)(E);

(B) seal felony records for a violation of the Illinois Controlled Substances Act, the SB3695 - 162 - LRB103 39207 CES 69355 b Methamphetamine Control and Community Protection Act, or the Cannabis Control Act under clause (c)(2)(F);

(C) seal felony records under subsection (e-5);

or (D) expunge felony records of a qualified probation under clause (b)(1)(iv).

(4) Service of petition.

The circuit court clerk shall promptly serve a copy of the petition and documentation to support the petition under subsection (e-5) or (e-6) on the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Illinois State Police, the arresting agency and the chief legal officer of the unit of local government effecting the arrest.

(5) Objections.

(A) Any party entitled to notice of the petition may file an objection to the petition.

All objections shall be in writing, shall be filed with the circuit court clerk, and shall state with specificity the basis of the objection.

Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, an objection to the petition may not be filed.

(B) Objections to a petition to expunge or seal must be filed within 60 days of the date of service of the petition.

(6) Entry of order.

(A) The Chief Judge of the circuit wherein the SB3695 - 163 - LRB103 39207 CES 69355 b 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 at the petitioner's trial, if any, shall rule on the petition to expunge or seal as set forth in this subsection (d)(6).

(B) Unless the State's Attorney or prosecutor, the Illinois State Police, the arresting agency, or the chief legal officer files an objection to the petition to expunge or seal within 60 days from the date of service of the petition, the court shall enter an order granting or denying the petition.