SB 3458 — CRIM ID&CD CORR-SEALING RECORD
Last action — Public Act . . . . . . . . . 97-1120
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 07, 2012. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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7 sponsors
0 primary, 7 co-sponsors signed on.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Amends the Criminal Identification Act and the Unified Code of Corrections. Provides that the Prisoner Review Board, upon a petition by a person who has been convicted of a Class 3 or 4 felony and who meets other eligibility requirements, shall hear by a panel of at least 3 members and, with the unanimous vote of 3 members, issue a certificate of eligibility recommending that the court order the sealing of all official records of the arresting authority, the circuit court clerk, and the Department of State Police concerning the arrest and conviction of the person for the Class 3 or 4 felony. Excludes from eligibility persons convicted of violent crimes, sex offenses, or DUI.
Bill Text
What changed in the latest version
273 added · 136 removedPlain-language change summary
The revised bill SB 3458 now includes a new section that allows certain financial institutions to request information about whether their employees or potential hires have felony convictions or offenses related to dishonesty or breach of trust. This change is significant because it aims to enhance the vetting process for individuals in positions of trust within financial institutions, potentially improving security and integrity in the financial sector. Meanwhile, some definitions and provisions related to expungement and sealing of criminal records have been removed, which may impact how individuals can clear their criminal history in the future.
SB3458 EngrossedEnrolled LRB097 17386 RLC 62588 b AN ACT concerning criminal law.
Section 3.
The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-345 as follows:
(20 ILCS 2605/2605-345 new) Sec.
2605-345.
Conviction information for financial institutions.
Upon the request of (i) an insured depository institution, as defined by the Federal Deposit Insurance Corporation Act, (ii) a depository institution holding company, as defined by the Federal Deposit Insurance Corporation Act, (iii) a foreign banking corporation, as defined by the Foreign Banking Office Act, (iv) a corporate fiduciary, as defined by the Corporate Fiduciary Act, (v) a credit union, as defined in the Illinois Credit Union Act, or (vi) a subsidiary of any entity listed in items (i) through (v) of this Section (each such entity or subsidiary hereinafter referred to as a "requesting institution"), to ascertain whether any employee of the requesting institution, applicant for employment by the requesting institution, or officer, director, agent, institution-affiliated party, or any other party who owns or controls, directly or indirectly, or SB3458 Enrolled - 2 - LRB097 17386 RLC 62588 b participates, directly or indirectly, in the affairs of the requesting institution, has been convicted of a felony or of any criminal offense relating to dishonesty, breach of trust, or money laundering, the Department shall furnish the conviction information to the requesting institution.
The Criminal Identification Act is amended by changing Sections 5.23, 5.2, and 13 as follows:
(20 ILCS 2630/5.2)2630/3) Sec.(from Ch.
38, par.
206-3) Sec.
3.
Information to be furnished peace officers and commanding officers of certain military installations in Illinois.
(A) The Department shall file or cause to be filed all plates, photographs, outline pictures, measurements, descriptions and information which shall be received by it by virtue of its office and shall make a complete and systematic record and index of the same, providing thereby a method of convenient reference and comparison.
The Department shall furnish, upon application, all information pertaining to the identification of any person or persons, a plate, photograph, outline picture, description, measurements, or any data of which there is a record in its office.
Such information shall be furnished to peace officers of the United States, of other states or territories, of the Insular possessions of the United States, of foreign countries duly authorized to receive the SB3458 Enrolled - 3 - LRB097 17386 RLC 62588 b same, to all peace officers of the State of Illinois, to investigators of the Illinois Law Enforcement Training Standards Board and, conviction information only, to units of local government, school districts, and private organizations, and requesting institutions as defined in Section 2605-345 of the Department of State Police Law under the provisions of Section 2605-10, 2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115, 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, 2605-205, 2605-210, 2605-215, 2605-250, 2605-275, 2605-300, 2605-305, 2605-315, 2605-325, 2605-335, 2605-340, 2605-345, 2605-350, 2605-355, 2605-360, 2605-365, 2605-375, 2605-390, 2605-400, 2605-405, 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the Department of State Police Law (20 ILCS 2605/2605-10, 2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105, 2605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130, 2605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205, 2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275, 2605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325, 2605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355, 2605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390, 2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430, 2605/2605-435, 2605/2605-500, 2605/2605-525, or 2605/2605-550).
Applications shall be in writing and accompanied by a certificate, signed by the peace officer or chief administrative officer or his designee making such application, to the effect that the information applied SB3458 Enrolled - 4 - LRB097 17386 RLC 62588 b for is necessary in the interest of and will be used solely in the due administration of the criminal laws or for the purpose of evaluating the qualifications and character of employees, prospective employees, volunteers, or prospective volunteers of units of local government, school districts, and private organizations, or for the purpose of evaluating the character of persons who may be granted or denied access to municipal utility facilities under Section 11-117.1-1 of the Illinois Municipal Code.
For the purposes of this subsection, "chief administrative officer" is defined as follows:
a) The city manager of a city or, if a city does not employ a city manager, the mayor of the city.
b) The manager of a village or, if a village does not employ a manager, the president of the village.
c) The chairman or president of a county board or, if a county has adopted the county executive form of government, the chief executive officer of the county.
d) The president of the school board of a school district.
e) The supervisor of a township.
f) The official granted general administrative control of a special district, an authority, or organization of government establishment by law which may issue obligations and which either may levy a property tax or may expend funds of the district, authority, or organization SB3458 Enrolled - 5 - LRB097 17386 RLC 62588 b independently of any parent unit of government.
g) The executive officer granted general administrative control of a private organization defined in Section 2605-335 of the Department of State Police Law (20 ILCS 2605/2605-335).
(B) Upon written application and payment of fees authorized by this subsection, State agencies and units of local government, not including school districts, are authorized to submit fingerprints of employees, prospective employees and license applicants to the Department for the purpose of obtaining conviction information maintained by the Department and the Federal Bureau of Investigation about such persons.
The Department shall submit such fingerprints to the Federal Bureau of Investigation on behalf of such agencies and units of local government.
The Department shall charge an application fee, based on actual costs, for the dissemination of conviction information pursuant to this subsection.
The Department is empowered to establish this fee and shall prescribe the form and manner for requesting and furnishing conviction information pursuant to this subsection.
(C) Upon payment of fees authorized by this subsection, the Department shall furnish to the commanding officer of a military installation in Illinois having an arms storage facility, upon written request of such commanding officer or his designee, and in the form and manner prescribed by the Department, all criminal history record information pertaining SB3458 Enrolled - 6 - LRB097 17386 RLC 62588 b to any individual seeking access to such a storage facility, where such information is sought pursuant to a federally-mandated security or criminal history check.
The Department shall establish and charge a fee, not to exceed actual costs, for providing information pursuant to this subsection.
(Source:
P.A.
94-480, eff.
1-1-06.) (20 ILCS 2630/5.2) Sec.
(i) Business Offense (730 ILCS 5/5-1-2), (ii) Charge (730 ILCS 5/5-1-3), (iii) Court (730 ILCS 5/5-1-6), (iv) Defendant (730 ILCS 5/5-1-7), (v) Felony (730 ILCS 5/5-1-9), (vi) Imprisonment (730 ILCS 5/5-1-10), (vii) Judgment (730 ILCS 5/5-1-12), (viii) Misdemeanor (730 ILCS 5/5-1-14), (ix) Offense (730 ILCS 5/5-1-15), SB3458 EngrossedEnrolled - 27 - LRB097 17386 RLC 62588 b (x) Parole (730 ILCS 5/5-1-16), (xi) Petty Offense (730 ILCS 5/5-1-17), (xii) Probation (730 ILCS 5/5-1-18), (xiii) Sentence (730 ILCS 5/5-1-19), (xiv) Supervision (730 ILCS 5/5-1-21), and (xv) Victim (730 ILCS 5/5-1-22).
SB3458 EngrossedEnrolled - 38 - LRB097 17386 RLC 62588 b (D) "Criminal offense" means a petty offense, business offense, misdemeanor, felony, or municipal ordinance violation (as defined in subsection (a)(1)(H)).
If multiple sentences, orders of supervision, or orders of qualified probation terminate on the same day and SB3458 EngrossedEnrolled - 49 - LRB097 17386 RLC 62588 b are last in time, they shall be collectively considered the "last sentence" regardless of whether they were ordered to run concurrently.
For the purpose of this SB3458 EngrossedEnrolled - 510 - LRB097 17386 RLC 62588 b Section, "successful completion" of an order of qualified probation under Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act and Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act means that the probation was terminated satisfactorily and the judgment of conviction was vacated.
SB3458 EngrossedEnrolled - 611 - LRB097 17386 RLC 62588 b (2) Minor Traffic Offenses.
Show all 75 changed lines (35 more)
(i) offenses included in Article 11 of the Criminal Code of 1961 or a similar provision of a SB3458 EngrossedEnrolled - 712 - LRB097 17386 RLC 62588 b local ordinance, except Section 11-14 of the Criminal Code of 1961 or a similar provision of a local ordinance;
(ii) the charge is brought along with another charge as a part of one case and the charge results in acquittal, dismissal, or conviction when the conviction was reversed or vacated, and another charge brought in the same case results in a SB3458 EngrossedEnrolled - 813 - LRB097 17386 RLC 62588 b disposition for a misdemeanor offense that is eligible to be sealed pursuant to subsection (c) or a disposition listed in paragraph (i), (iii), or (iv) of this subsection;
(1) A petitioner may petition the circuit court to SB3458 EngrossedEnrolled - 914 - LRB097 17386 RLC 62588 b expunge the records of his or her arrests and charges not initiated by arrest when:
(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, SB3458 EngrossedEnrolled - 1015 - LRB097 17386 RLC 62588 b the following time frames will apply:
(4) Whenever a person has been arrested for or SB3458 EngrossedEnrolled - 1116 - LRB097 17386 RLC 62588 b convicted of any offense, in the name of a person whose identity he or she has stolen or otherwise come into possession of, the aggrieved person from whom the identity was stolen or otherwise obtained without authorization, upon learning of the person having been arrested using his or her identity, may, upon verified petition to the chief judge of the circuit wherein the arrest was made, have a court order entered nunc pro tunc by the Chief Judge to correct the arrest record, conviction record, if any, and all official records of the arresting authority, the Department, other criminal justice agencies, the prosecutor, and the trial court concerning such arrest, if any, by removing his or her name from all such records in connection with the arrest and conviction, if any, and by inserting in the records the name of the offender, if known or ascertainable, in lieu of the aggrieved's name.
Nothing in this Section shall limit the Department of State Police or other criminal justice agencies or prosecutors from listing under an offender's name the false names he or she has SB3458 EngrossedEnrolled - 1217 - LRB097 17386 RLC 62588 b used.
(7) Nothing in this Section shall prevent the Department of State Police from maintaining all records of any person who is admitted to probation upon terms and SB3458 EngrossedEnrolled - 1318 - LRB097 17386 RLC 62588 b conditions and who fulfills those terms and conditions pursuant to Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act, or Section 10 of the Steroid Control Act.
(C) Arrests or charges not initiated by arrest resulting in orders of supervision successfully completed by the petitioner, unless excluded by SB3458 EngrossedEnrolled - 1419 - LRB097 17386 RLC 62588 b subsection (a)(3);
SB3458 EngrossedEnrolled - 1520 - LRB097 17386 RLC 62588 b (B) Records identified as eligible under subsection (c)(2)(C) may be sealed (i) 3 years after the termination of petitioner's last sentence (as defined in subsection (a)(1)(F)) if the petitioner has never been convicted of a criminal offense (as defined in subsection (a)(1)(D));
Upon entry of a disposition for an eligible record under this subsection (c), the petitioner shall be informed by the court of the SB3458 EngrossedEnrolled - 1621 - LRB097 17386 RLC 62588 b right to have the records sealed and the procedures for the sealing of the records.
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 SB3458 EngrossedEnrolled - 1722 - LRB097 17386 RLC 62588 b Corrections, the certificate shall be attached to the petition.
(B) Objections to a petition to expunge or seal SB3458 EngrossedEnrolled - 1823 - LRB097 17386 RLC 62588 b must be filed within 60 days of the date of service of the petition.
After entering an order to expunge or seal records, the court must provide copies of SB3458 EngrossedEnrolled - 1924 - LRB097 17386 RLC 62588 b the order to the Department, in a form and manner prescribed by the Department, to the petitioner, to the State's Attorney or prosecutor charged with the duty of prosecuting the offense, to the arresting agency, to the chief legal officer of the unit of local government effecting the arrest, and to such other criminal justice agencies as may be ordered by the court.
and SB3458 EngrossedEnrolled - 2025 - LRB097 17386 RLC 62588 b (iii) in response to an inquiry for expunged records, the court, the Department, or the agency receiving such inquiry, shall reply as it does in response to inquiries when no records ever existed.
(iii) the records shall be impounded by the Department within 60 days of the date of service of the order as ordered by the court, unless a motion to vacate, modify, or reconsider the order is filed SB3458 EngrossedEnrolled - 2126 - LRB097 17386 RLC 62588 b pursuant to paragraph (12) of subsection (d) of this Section;
The Department may charge the petitioner a SB3458 EngrossedEnrolled - 2227 - LRB097 17386 RLC 62588 b fee equivalent to the cost of processing any order to expunge or seal records.
(e) Whenever a person who has been convicted of an offense SB3458 EngrossedEnrolled - 2328 - LRB097 17386 RLC 62588 b is granted a pardon by the Governor which specifically authorizes expungement, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the defendant's trial, have a court order entered expunging the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Department be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been pardoned but the order shall not affect any index issued by the circuit court clerk before the entry of the order.
Upon entry of the order of expungement, the circuit court clerk shall promptly mail a copy of the order to the person who was SB3458 EngrossedEnrolled - 2429 - LRB097 17386 RLC 62588 b pardoned.
Upon conviction for any subsequent offense, the Department of Corrections shall SB3458 EngrossedEnrolled - 2530 - LRB097 17386 RLC 62588 b have access to all sealed records of the Department pertaining to that individual.
(a) The Department of State Police shall retain records sealed under subsection (c), or (e), or (e-5) of Section 5.2 or SB3458 EngrossedEnrolled - 2631 - LRB097 17386 RLC 62588 b impounded under subparagraph (B) of paragraph (9) of subsection (d) of Section 5.2 and shall release them only as authorized by this Act.
(d) The Department of State Police shall commence the sealing of records of felony arrests and felony convictions pursuant to the provisions of subsection (c) of Section 5.2 of SB3458 EngrossedEnrolled - 2732 - LRB097 17386 RLC 62588 b this Act no later than one year from the date that funds have been made available for purposes of establishing the technologies necessary to implement the changes made by this amendatory Act of the 93rd General Assembly.
(2) hear by at least one member and through a panel of at least 3 members decide, the conditions of parole and the SB3458 EngrossedEnrolled - 2833 - LRB097 17386 RLC 62588 b time of discharge from parole, impose sanctions for violations of parole, and revoke parole for those sentenced under the law in effect prior to this amendatory Act of 1977;
(3.5) hear by at least one member and through a panel of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, to impose sanctions for violations of mandatory supervised release and revoke mandatory SB3458 EngrossedEnrolled - 2934 - LRB097 17386 RLC 62588 b supervised release for those serving extended supervised release terms pursuant to paragraph (4) of subsection (d) of Section 5-8-1;
(5) hear by at least one member and through a panel of at least 3 members decide, the release dates for certain prisoners sentenced under the law in existence prior to the effective date of this amendatory Act of 1977, in SB3458 EngrossedEnrolled - 3035 - LRB097 17386 RLC 62588 b accordance with Section 3-3-2.1 of this Code;
and (10) upon a petition by a person who has been convicted of a Class 3 or Class 4 felony and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for sealing recommending that SB3458 EngrossedEnrolled - 3136 - LRB097 17386 RLC 62588 b the court order the sealing of all official records of the arresting authority, the circuit court clerk, and the Department of State Police concerning the arrest and conviction for the Class 3 or 4 felony.
SB3458 EngrossedEnrolled - 3237 - LRB097 17386 RLC 62588 b (iii) aggravated battery;
(a-5) The PrisonerBoard Reviewmay Board,only withauthorize the cooperationsealing of Class 3 and 4 SB3458 EngrossedEnrolled - 3338 - LRB097 17386 RLC 62588 b andfelony inconvictions coordination with the Department of Corrections and the Departmentpetitioner offrom Centralone Managementinformation Services,or shallindictment implement a pilot project in 3 correctional institutions providing for the conduct of hearings under paragraphs (1) and (4) of subsection (a) of this Sectionparagraph through(10). interactive video conferences.
A petitioner may only receive one certificate of eligibility for sealing under this provision for life.
(a-5) The Prisoner Review Board, with the cooperation of and in coordination with the Department of Corrections and the Department of Central Management Services, shall implement a pilot project in 3 correctional institutions providing for the conduct of hearings under paragraphs (1) and (4) of subsection (a) of this Section through interactive video conferences.
(d) The Board shall promulgate rules for the conduct of its work, and the Chairman shall file a copy of such rules and any SB3458 Enrolled - 39 - LRB097 17386 RLC 62588 b amendments thereto with the Director and with the Secretary of State.
SB3458 Engrossed - 34 - LRB097 17386 RLC 62588 b (f) The Board or one who has allegedly violated the conditions of his parole or mandatory supervised release may require by subpoena the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation or hearing.
In case of disobedience to a subpoena, the Board may SB3458 Enrolled - 40 - LRB097 17386 RLC 62588 b petition any circuit court of the State for an order requiring the attendance and testimony of witnesses or the production of documentary evidence or both.
A copy of such petition shall be served by personal service or by registered or certified mail upon the person who has failed to obey the subpoena, and such SB3458 Engrossed - 35 - LRB097 17386 RLC 62588 b person shall be advised in writing that a hearing upon the petition will be requested in a court room to be designated in such notice before the judge hearing motions or extraordinary remedies at a specified time, on a specified date, not less than 10 nor more than 15 days after the deposit of the copy of the written notice and petition in the U.S.
(g) Except under subsection (a) of this Section, a majority of the members then appointed to the Prisoner Review Board shall constitute a quorum for the transaction of all business SB3458 Enrolled - 41 - LRB097 17386 RLC 62588 b of the Board.
SB3458 Engrossed - 36 - LRB097 17386 RLC 62588 b (Source:
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Action History
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Public Act . . . . . . . . . 97-1120
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Effective Date January 1, 2013
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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House Floor Amendment No. 2 Senate Concurs 043-012-000
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House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Criminal Law; 007-000-000
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House Floor Amendment No. 2 Motion to Concur Assignments Referred to Criminal Law
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House Floor Amendment No. 2 Motion to Concur Referred to Assignments
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House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Antonio Muñoz
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Placed on Calendar Order of Concurrence House Amendment(s) 2 - May 30, 2012
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Secretary's Desk - Concurrence House Amendment(s) 2
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Added Alternate Co-Sponsor Rep. Arthur Turner
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Added Alternate Co-Sponsor Rep. Ann Williams
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Added Alternate Co-Sponsor Rep. Cynthia Soto
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Added Alternate Co-Sponsor Rep. Luis Arroyo
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Added Alternate Co-Sponsor Rep. Maria Antonia Berrios
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House Floor Amendment No. 1 Tabled Pursuant to Rule 40
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Third Reading - Short Debate - Passed 083-034-000
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Added Alternate Chief Co-Sponsor Rep. Edward J. Acevedo
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Added Alternate Chief Co-Sponsor Rep. La Shawn K. Ford
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Added Alternate Chief Co-Sponsor Rep. Constance A. Howard
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Added Alternate Chief Co-Sponsor Rep. Jim Sacia
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 2 Adopted by Voice Vote
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Final Action Deadline Extended-9(b) May 31, 2012
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House Floor Amendment No. 2 Recommends Be Adopted Judiciary II - Criminal Law Committee; 007-000-000
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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House Floor Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Elizabeth Hernandez
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House Floor Amendment No. 1 Referred to Rules Committee
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House Floor Amendment No. 1 Filed with Clerk by Rep. Elizabeth Hernandez
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Added Alternate Co-Sponsor Rep. Kenneth Dunkin
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Judiciary II - Criminal Law Committee; 008-001-000
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Assigned to Judiciary II - Criminal Law Committee
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Referred to Rules Committee
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First Reading
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Placed on Calendar Order of First Reading
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Chief House Sponsor Rep. Elizabeth Hernandez
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Arrived in House
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Third Reading - Passed; 036-015-000
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Added as Co-Sponsor Sen. Kimberly A. Lightford
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Added as Co-Sponsor Sen. Kwame Raoul
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Added as Co-Sponsor Sen. Emil Jones, III
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Added as Chief Co-Sponsor Sen. Mattie Hunter
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Added as Co-Sponsor Sen. William Delgado
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Added as Chief Co-Sponsor Sen. Iris Y. Martinez
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Added as Co-Sponsor Sen. Toi W. Hutchinson
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Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins
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Placed on Calendar Order of 3rd Reading March 22, 2012
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Second Reading
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Added as Chief Co-Sponsor Sen. Thomas Johnson
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Placed on Calendar Order of 2nd Reading March 8, 2012
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Do Pass as Amended Criminal Law; 008-000-000
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Senate Committee Amendment No. 1 Adopted
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Senate Committee Amendment No. 1 Assignments Refers to Criminal Law
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Postponed - Criminal Law
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Senate Committee Amendment No. 1 Referred to Assignments
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. Antonio Muñoz
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Postponed - Criminal Law
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Assigned to Criminal Law
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Antonio Muñoz
Sponsors
- Jawaharial Williams · Cosponsor
- Antonio Muñoz · Cosponsor
- Kenneth Dunkin · Cosponsor
- Maria Antonia Berrios · Cosponsor
- Luis Arroyo · Cosponsor
- Cynthia Soto · Cosponsor
- Arthur Turner · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 7 co-sponsors · 176 not signed on · 12 voted No
Sponsors (0)
None.
Co-sponsors (7)
- Williams, Jawaharial
- Antonio Muñoz
- Kenneth Dunkin
- Maria Antonia Berrios
- Luis Arroyo
- Cynthia Soto
- Arthur Turner
Not signed on (176)
176 members have not signed on to this bill.
Show all 176 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 10 | 0 | 2 |
| Democrat | 8 | 0 | 0 | 2 |
| Republican | 1 | 2 | 0 | 0 |
| Total | 43 | 12 | 0 | 4 |
| % of votes cast | 73% | 20% | 0% | 7% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Crotty | — | Yea |
| Frerichs | — | Yea |
| Haine | — | Yea |
| Muñoz | — | Yea |
| Sullivan | — | Yea |
| Meeks | — | Yea |
| LaHood | — | Nay |
| Landek | — | Yea |
| Cullerton | — | Yea |
| Luechtefeld | — | Nay |
| Brady | — | Nay |
| Johnson, C. | — | Nay |
| McCann | — | Nay |
| McCarter | — | Nay |
| Jones, J. | — | Not Voting |
| Millner | — | Yea |
| Mulroe | — | Yea |
| Noland | — | Yea |
| Pankau | — | Yea |
| Steans | — | Yea |
| Trotter | — | Yea |
| Cultra | — | Nay |
| Dillard | — | Yea |
| Duffy | — | Nay |
| Forby | — | Yea |
| Garrett | — | Yea |
| Radogno | — | Yea |
| Schoenberg | — | Yea |
| Jacobs | — | Yea |
| McGuire | — | Yea |
| Johnson, T. | — | Yea |
| Clayborne | — | Yea |
| Hutchinson | — | Yea |
| Kotowski | — | Yea |
| Raoul | — | Yea |
| Righter | — | Nay |
| Sandack | — | Yea |
| Sandoval | — | Yea |
| Silverstein | — | Yea |
| Lauzen | — | Nay |
| Link | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Not Voting |
| Bomke | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Not Voting |
| Linda Holmes | Democrat | Not Voting |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Nay |
| Kevin Schmidt | Republican | Yea |
| Sue Rezin | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 70 | 25 | 0 | 0 |
| Democrat | 11 | 5 | 0 | 1 |
| Republican | 2 | 4 | 0 | 0 |
| Total | 83 | 34 | 0 | 1 |
| % of votes cast | 70% | 29% | 0% | 1% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Brauer | — | Yea |
| Brown | — | Nay |
| Carli | — | Yea |
| Connelly | — | Yea |
| Costello | — | Nay |
| McAsey | — | Nay |
| Gordon | — | Nay |
| Jakobsson | — | Yea |
| Jefferson | — | Yea |
| Nekritz | — | Yea |
| Kay | — | Nay |
| Krezwick | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| May | — | Yea |
| McAuliffe | — | Yea |
| Mell | — | Yea |
| Senger | — | Yea |
| Soto | — | Yea |
| Lyons | — | Yea |
| Bradley | — | Yea |
| Brady | — | Yea |
| Burke, Daniel | — | Yea |
| Mitchell, Jerry | — | Yea |
| Burke, Kelly | — | Yea |
| Sullivan | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Gaffney | — | Yea |
| Golar | — | Yea |
| Harris, David | — | Yea |
| Madigan | — | Yea |
| Harris, Greg | — | Yea |
| Mathias | — | Nay |
| Hernandez | — | Yea |
| Howard | — | Yea |
| Moffitt | — | Nay |
| Williams | — | Yea |
| Morthland | — | Yea |
| Mulligan | — | Yea |
| Jones | — | Yea |
| Davis, Monique | — | Yea |
| Osmond | — | Yea |
| Phelps | — | Nay |
| Pihos | — | Yea |
| Sente | — | Nay |
| Sommer | — | Nay |
| Thapedi | — | Yea |
| Mitchell, Bill | — | Nay |
| Tryon | — | Yea |
| Turner | — | Yea |
| Unes | — | Nay |
| Verschoore | — | Nay |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Zalewski | — | Yea |
| Watson | — | Nay |
| Cavaletto | — | Nay |
| Coladipietro | — | Yea |
| Cole | — | Nay |
| Cross | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Farnham | — | Nay |
| Franks | — | Nay |
| Hatcher | — | Nay |
| Hays | — | Nay |
| Jackson | — | Yea |
| Kosel | — | Yea |
| Nybo | — | Yea |
| Penny | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Nay |
| Riley | — | Yea |
| Roth | — | Nay |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Barickman | — | Nay |
| Beiser | — | Nay |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Biss | — | Yea |
| Mautino | — | Yea |
| Bost | — | Nay |
| Chapa LaVia | — | Yea |
| Du Buclet | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Bill Cunningham | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Fred Crespo | Democrat | Nay |
| Julie A. Morrison | Democrat | Nay |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Nay |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Nay |
| Michelle Mussman | Democrat | Nay |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Not Voting |
| William "Will" Davis | Democrat | Yea |
| Brad Halbrook | Republican | Nay |
| Chapin Rose | Republican | Nay |
| Jil Tracy | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| Norine K. Hammond | Republican | Nay |
| Wayne A. Rosenthal | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 12 | 0 | 7 |
| Democrat | 8 | 1 | 0 | 1 |
| Republican | 1 | 2 | 0 | 0 |
| Total | 36 | 15 | 0 | 8 |
| % of votes cast | 61% | 25% | 0% | 14% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Meeks | — | Not Voting |
| McCann | — | Nay |
| Duffy | — | Nay |
| Haine | — | Nay |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Mulroe | — | Yea |
| Muñoz | — | Yea |
| Jacobs | — | Yea |
| McGuire | — | Yea |
| Johnson, T. | — | Yea |
| Schoenberg | — | Yea |
| Cullerton | — | Yea |
| Crotty | — | Yea |
| Dillard | — | Yea |
| Hutchinson | — | Yea |
| Steans | — | Yea |
| Trotter | — | Yea |
| LaHood | — | Nay |
| Landek | — | Not Voting |
| Lauzen | — | Nay |
| Brady | — | Nay |
| Johnson, C. | — | Nay |
| Sullivan | — | Nay |
| Jones, J. | — | Not Voting |
| McCarter | — | Nay |
| Millner | — | Not Voting |
| Noland | — | Yea |
| Pankau | — | Yea |
| Radogno | — | Nay |
| Clayborne | — | Not Voting |
| Cultra | — | Nay |
| Forby | — | Not Voting |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Kotowski | — | Not Voting |
| Raoul | — | Yea |
| Righter | — | Nay |
| Sandack | — | Yea |
| Sandoval | — | Yea |
| Silverstein | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Lakesia Collins | Democrat | Not Voting |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Nay |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Nay |
| Kevin Schmidt | Republican | Yea |
| Sue Rezin | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 3458 do?
- Amends the Criminal Identification Act and the Unified Code of Corrections. Provides that the Prisoner Review Board, upon a petition by a person who has been convicted of a Class 3 or 4 felony and who meets other eligibility requirements, shall hear by a panel of at least 3 members and, with the unanimous vote of 3 members, issue a certificate of eligibility recommending that the court order the sealing of all official records of the arresting authority, the circuit court clerk, and the Department of State Police concerning the arrest and conviction of the person for the Class 3 or 4 felony. Excludes from eligibility persons convicted of violent crimes, sex offenses, or DUI.
- Who sponsors SB 3458?
- SB 3458 is sponsored by Williams, Jawaharial, Antonio Muñoz, Kenneth Dunkin, Maria Antonia Berrios, Luis Arroyo, Cynthia Soto, and Arthur Turner.
- What is the current status of SB 3458?
- This bill has been enacted into law. Introduced February 07, 2012. Enacted.
- Where can I track SB 3458?
- Track SB 3458 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 3458
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