SB 423 is sponsored by Kimberly A. Lightford (Democrat), Arthur L. Turner, Wyvetter H. Younge, Karen A. Yarbrough, Marlow H. Colvin, and Emil Jones, III (Democrat).

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Illinois 93rd Regular Session Status: Enacted 2 D cosponsors

SB 423 — CRIM ID-EXPUNGE

Last action July 18, 2003 — Public Act . . . . . . . . . 93-0210

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✓
Introduced
✓
In Committee
✓
Passed Senate
✓
Passed House
✓
To Executive
6
Enacted

This bill has been enacted into law. Introduced February 18, 2003. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
6 sponsors

0 primary, 6 co-sponsors signed on.
Single-party support

Sponsorship is currently within one party (2 D).
Cleared a recorded vote

Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Criminal Identification Act and the Unified Code of Corrections. Provides that if a conviction or sentence has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the defendant was factually innocent of the charge, then the court shall enter an order expunging the record of arrest from the official records of the arresting authority and order that the records of the clerk of the circuit court and Department of State Police be sealed until further order of the court upon good cause shown and the name of the defendant obliterated from the official index kept by the circuit clerk. Amends the State Appellate Defender Act. Provides that the State Appellate Defender shall establish, maintain, and carry out an Expungement Program to provide information and assistance to persons eligible to have their arrest or criminal history record information ordered expunged, sealed, or impounded. Provides that the State Appellate Defender shall develop brochures, pamphlets, and other materials in printed form and through the agency's World Wide Web site that include at a minimum the following information: (1) an explanation of the State's expungement process; (2) the circumstances under which expungements may occur; (3) the criminal offenses that may be expunged; (4) the steps necessary to initiate and complete the expungement process; and (5) directions on how to contact the State Appellate Defender. Provides that the State Appellate Defender shall establish and maintain a statewide toll-free telephone number that a person may use to receive information or assistance concerning the expungement or sealing of arrest or criminal history record information. Provides that the State Appellate Defender shall compile a statewide list of volunteer attorneys willing to assist eligible individuals through the expungement process. Provides that the Program shall be implemented from funds appropriated to the State Appellate Defender for this purpose. Effective immediately.

Bill Text

What changed in the latest version

11 added · 11 removed

Plain-language change summary

The latest version of Bill SB 423 includes new lines that clarify certain provisions, replacing the previous version. This change ensures more precise language, making it easier for people to understand the bill's intent and effects. Clearer wording can help prevent confusion and ensure better compliance with the law, which ultimately benefits everyone affected by its implementation.

SB423 ~~Engrossed~~Enrolled LRB093 10646 BDD 10956 b AN ACT in relation to the expungement and sealing of arrest and court records.

Whenever an adult or minor prosecuted as an adult, not having previously been convicted of any criminal offense or municipal ordinance violation, charged with a violation of a municipal ordinance or a felony or misdemeanor, is acquitted or released without being convicted, whether the acquittal or release occurred before, on, or after the effective date of this amendatory Act of 1991, the Chief Judge of the circuit wherein the charge was brought, any judge of that circuit SB423 ~~Engrossed~~Enrolled -2- LRB093 10646 BDD 10956 b designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the defendant's trial may upon verified petition of the defendant order the record of arrest expunged from the official records of the arresting authority and the Department and order that the records of the clerk of the circuit court be sealed until further order of the court upon good cause shown and the name of the defendant 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.

Those records that result from a supervision for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, or for a violation of Section 12-3.2, 12-15 or 16A-3 of the Criminal Code of 1961, or probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, 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 when the judgment of conviction has been vacated, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act when the judgment of conviction has been vacated, or Section 10 of the Steroid Control Act shall not be expunged from the records of the arresting authority nor impounded by SB423 ~~Engrossed~~Enrolled -3- LRB093 10646 BDD 10956 b the court until 5 years after termination of probation or supervision.

(b) Whenever a person has been convicted of a crime or of the violation of a municipal ordinance, in the name of a person whose identity he 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 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 name from all such records in connection with the arrest and SB423 ~~Engrossed~~Enrolled -4- LRB093 10646 BDD 10956 b 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.

(c) Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, he 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, may 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 clerk of the circuit court 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 had been pardoned SB423 ~~Engrossed~~Enrolled -5- LRB093 10646 BDD 10956 b but the order shall not affect any index issued by the circuit court clerk before the entry of the order.

_c_____________________h______________________d_____________ ______c____________________d_______________________b____________ _____n_____________________h______________________a_____________ _____e_____________________h______________________e_____________ _____d_____________________(______________________f_____________ _____o_______________ (d) Notice of the petition for subsections (a), (b), and SB423 ~~Engrossed~~Enrolled -6- LRB093 10646 BDD 10956 b (c) shall be served upon the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Department of State Police, the arresting agency and the chief legal officer of the unit of local government affecting the arrest.

For the purposes of this Section, SB423 ~~Engrossed~~Enrolled -7- LRB093 10646 BDD 10956 b "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.

(725 ILCS 105/10.6 new) _e_____________________t__________ _a_____________________l_________________________e__________ _____a______________________a_____________________m_____________ _____m_____________________i______________________r_____________ _____n_____________________f______________________n_____________ _____p________ _b_____________________e______________________a_____________ _____u_____________________d_______________________p____________ _____h_____________________o______________________h_____________ _____t______________________i_____________________t_____________ _____m_______ _________________t________________________e___________ _r_______ _________________a______________________u_____________ _c_____ __________________o_____________________e_________ _________________n_______________________a____________ _h_____________________s______ _________________o________________________t___________ _p__________________ _c_____________________l______________________e_____________ _____a_____________________f______________________t_____________ _____s_____________________t______________________n_____________ SB423 ~~Engrossed~~Enrolled -8- LRB093 10646 BDD 10956 b _____g_____________________f______________________i_____________ _____m_____________________e______________________a_____________ _____f_______________________s____________________t_____________ _____d_____________________e______________________n_____________ _____b_____________________e______________________m_____________ _____t_____________________i______________________m_____________ _____r_____________________e______________________o_____________ _____e_____________________a________________________i___________ _______w___________________i________________________e___________ _____s___ _d_____________________l________________________c___________ _____w_____________________t______________________n_____________ _____b_____________________g______________________c_____ _e_____________________a_______________________f____________ _____p_____________________r______________________a_____________ _____d______________________T_____________________e_____________ _____y______________________a_____________________r_____________ _____m_____________________t_____ Section 10.

If a sentence is vacated on appeal or on collateral attack due to the failure of the trier of fact at trial to determine beyond a reasonable doubt the existence of SB423 ~~Engrossed~~Enrolled -9- LRB093 10646 BDD 10956 b a fact (other than a prior conviction) necessary to increase the punishment for the offense beyond the statutory maximum otherwise applicable, either the defendant may be re-sentenced to a term within the range otherwise provided or, if the State files notice of its intention to again seek the extended sentence, the defendant shall be afforded a new trial.

2-23-01.) SB423 ~~Engrossed~~Enrolled -10- LRB093 10646 BDD 10956 b Section 99.

SB423 ~~Engrossed~~Enrolled -11- LRB093 10646 BDD 10956 b INDEX Statutes amended in order of appearance 20 ILCS 2630/5 from Ch.

Latest

SB423 ~~Engrossed~~ LRB093 10646 BDD 10956 b AN ACT in relation to the expungement and sealing of arrest and court records.

SB423 Enrolled LRB093 10646 BDD 10956 b AN ACT in relation to the expungement and sealing of arrest and court records.

Whenever an adult or minor prosecuted as an adult, not having previously been convicted of any criminal offense or municipal ordinance violation, charged with a violation of a municipal ordinance or a felony or misdemeanor, is acquitted or released without being convicted, whether the acquittal or release occurred before, on, or after the effective date of this amendatory Act of 1991, the Chief Judge of the circuit wherein the charge was brought, any judge of that circuit SB423 ~~Engrossed~~ -2- LRB093 10646 BDD 10956 b designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the defendant's trial may upon verified petition of the defendant order the record of arrest expunged from the official records of the arresting authority and the Department and order that the records of the clerk of the circuit court be sealed until further order of the court upon good cause shown and the name of the defendant 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.

Whenever an adult or minor prosecuted as an adult, not having previously been convicted of any criminal offense or municipal ordinance violation, charged with a violation of a municipal ordinance or a felony or misdemeanor, is acquitted or released without being convicted, whether the acquittal or release occurred before, on, or after the effective date of this amendatory Act of 1991, the Chief Judge of the circuit wherein the charge was brought, any judge of that circuit SB423 Enrolled -2- LRB093 10646 BDD 10956 b designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the defendant's trial may upon verified petition of the defendant order the record of arrest expunged from the official records of the arresting authority and the Department and order that the records of the clerk of the circuit court be sealed until further order of the court upon good cause shown and the name of the defendant 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.

Those records that result from a supervision for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, or for a violation of Section 12-3.2, 12-15 or 16A-3 of the Criminal Code of 1961, or probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, 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 when the judgment of conviction has been vacated, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act when the judgment of conviction has been vacated, or Section 10 of the Steroid Control Act shall not be expunged from the records of the arresting authority nor impounded by SB423 ~~Engrossed~~ -3- LRB093 10646 BDD 10956 b the court until 5 years after termination of probation or supervision.

Those records that result from a supervision for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, or for a violation of Section 12-3.2, 12-15 or 16A-3 of the Criminal Code of 1961, or probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, 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 when the judgment of conviction has been vacated, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act when the judgment of conviction has been vacated, or Section 10 of the Steroid Control Act shall not be expunged from the records of the arresting authority nor impounded by SB423 Enrolled -3- LRB093 10646 BDD 10956 b the court until 5 years after termination of probation or supervision.

(b) Whenever a person has been convicted of a crime or of the violation of a municipal ordinance, in the name of a person whose identity he 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 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 name from all such records in connection with the arrest and SB423 ~~Engrossed~~ -4- LRB093 10646 BDD 10956 b 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.

(b) Whenever a person has been convicted of a crime or of the violation of a municipal ordinance, in the name of a person whose identity he 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 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 name from all such records in connection with the arrest and SB423 Enrolled -4- LRB093 10646 BDD 10956 b 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.

(c) Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, he 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, may 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 clerk of the circuit court 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 had been pardoned SB423 ~~Engrossed~~ -5- LRB093 10646 BDD 10956 b but the order shall not affect any index issued by the circuit court clerk before the entry of the order.

(c) Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, he 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, may 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 clerk of the circuit court 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 had been pardoned SB423 Enrolled -5- LRB093 10646 BDD 10956 b but the order shall not affect any index issued by the circuit court clerk before the entry of the order.

_c_____________________h______________________d_____________ ______c____________________d_______________________b____________ _____n_____________________h______________________a_____________ _____e_____________________h______________________e_____________ _____d_____________________(______________________f_____________ _____o_______________ (d) Notice of the petition for subsections (a), (b), and SB423 ~~Engrossed~~ -6- LRB093 10646 BDD 10956 b (c) shall be served upon the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Department of State Police, the arresting agency and the chief legal officer of the unit of local government affecting the arrest.

_c_____________________h______________________d_____________ ______c____________________d_______________________b____________ _____n_____________________h______________________a_____________ _____e_____________________h______________________e_____________ _____d_____________________(______________________f_____________ _____o_______________ (d) Notice of the petition for subsections (a), (b), and SB423 Enrolled -6- LRB093 10646 BDD 10956 b (c) shall be served upon the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Department of State Police, the arresting agency and the chief legal officer of the unit of local government affecting the arrest.

For the purposes of this Section, SB423 ~~Engrossed~~ -7- LRB093 10646 BDD 10956 b "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.

For the purposes of this Section, SB423 Enrolled -7- LRB093 10646 BDD 10956 b "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.

(725 ILCS 105/10.6 new) _e_____________________t__________ _a_____________________l_________________________e__________ _____a______________________a_____________________m_____________ _____m_____________________i______________________r_____________ _____n_____________________f______________________n_____________ _____p________ _b_____________________e______________________a_____________ _____u_____________________d_______________________p____________ _____h_____________________o______________________h_____________ _____t______________________i_____________________t_____________ _____m_______ _________________t________________________e___________ _r_______ _________________a______________________u_____________ _c_____ __________________o_____________________e_________ _________________n_______________________a____________ _h_____________________s______ _________________o________________________t___________ _p__________________ _c_____________________l______________________e_____________ _____a_____________________f______________________t_____________ _____s_____________________t______________________n_____________ SB423 ~~Engrossed~~ -8- LRB093 10646 BDD 10956 b _____g_____________________f______________________i_____________ _____m_____________________e______________________a_____________ _____f_______________________s____________________t_____________ _____d_____________________e______________________n_____________ _____b_____________________e______________________m_____________ _____t_____________________i______________________m_____________ _____r_____________________e______________________o_____________ _____e_____________________a________________________i___________ _______w___________________i________________________e___________ _____s___ _d_____________________l________________________c___________ _____w_____________________t______________________n_____________ _____b_____________________g______________________c_____ _e_____________________a_______________________f____________ _____p_____________________r______________________a_____________ _____d______________________T_____________________e_____________ _____y______________________a_____________________r_____________ _____m_____________________t_____ Section 10.

(725 ILCS 105/10.6 new) _e_____________________t__________ _a_____________________l_________________________e__________ _____a______________________a_____________________m_____________ _____m_____________________i______________________r_____________ _____n_____________________f______________________n_____________ _____p________ _b_____________________e______________________a_____________ _____u_____________________d_______________________p____________ _____h_____________________o______________________h_____________ _____t______________________i_____________________t_____________ _____m_______ _________________t________________________e___________ _r_______ _________________a______________________u_____________ _c_____ __________________o_____________________e_________ _________________n_______________________a____________ _h_____________________s______ _________________o________________________t___________ _p__________________ _c_____________________l______________________e_____________ _____a_____________________f______________________t_____________ _____s_____________________t______________________n_____________ SB423 Enrolled -8- LRB093 10646 BDD 10956 b _____g_____________________f______________________i_____________ _____m_____________________e______________________a_____________ _____f_______________________s____________________t_____________ _____d_____________________e______________________n_____________ _____b_____________________e______________________m_____________ _____t_____________________i______________________m_____________ _____r_____________________e______________________o_____________ _____e_____________________a________________________i___________ _______w___________________i________________________e___________ _____s___ _d_____________________l________________________c___________ _____w_____________________t______________________n_____________ _____b_____________________g______________________c_____ _e_____________________a_______________________f____________ _____p_____________________r______________________a_____________ _____d______________________T_____________________e_____________ _____y______________________a_____________________r_____________ _____m_____________________t_____ Section 10.

If a sentence is vacated on appeal or on collateral attack due to the failure of the trier of fact at trial to determine beyond a reasonable doubt the existence of SB423 ~~Engrossed~~ -9- LRB093 10646 BDD 10956 b a fact (other than a prior conviction) necessary to increase the punishment for the offense beyond the statutory maximum otherwise applicable, either the defendant may be re-sentenced to a term within the range otherwise provided or, if the State files notice of its intention to again seek the extended sentence, the defendant shall be afforded a new trial.

If a sentence is vacated on appeal or on collateral attack due to the failure of the trier of fact at trial to determine beyond a reasonable doubt the existence of SB423 Enrolled -9- LRB093 10646 BDD 10956 b a fact (other than a prior conviction) necessary to increase the punishment for the offense beyond the statutory maximum otherwise applicable, either the defendant may be re-sentenced to a term within the range otherwise provided or, if the State files notice of its intention to again seek the extended sentence, the defendant shall be afforded a new trial.

2-23-01.) SB423 ~~Engrossed~~ -10- LRB093 10646 BDD 10956 b Section 99.

2-23-01.) SB423 Enrolled -10- LRB093 10646 BDD 10956 b Section 99.

SB423 ~~Engrossed~~ -11- LRB093 10646 BDD 10956 b INDEX Statutes amended in order of appearance 20 ILCS 2630/5 from Ch.

SB423 Enrolled -11- LRB093 10646 BDD 10956 b INDEX Statutes amended in order of appearance 20 ILCS 2630/5 from Ch.

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Action History

July 18, 2003
Public Act . . . . . . . . . 93-0210
July 18, 2003
Effective Date July 18, 2003
July 18, 2003
Governor Approved
June 11, 2003
Sent to the Governor
May 20, 2003
Added as Co-Sponsor Sen. Donne E. Trotter
May 14, 2003
Added Alternate Co-Sponsor Rep. Marlow H. Colvin
May 14, 2003
Added Alternate Co-Sponsor Rep. Karen A. Yarbrough
May 13, 2003
Added Alternate Co-Sponsor Rep. Wyvetter H. Younge
May 13, 2003
Added Alternate Co-Sponsor Rep. Lovana Jones
May 13, 2003
Passed Both Houses
May 13, 2003
Third Reading - Standard Debate - Passed 094-022-002
May 13, 2003
Added Alternate Co-Sponsor Rep. Arthur L. Turner
May 13, 2003
Added Alternate Chief Co-Sponsor Rep. Monique D. Davis
May 13, 2003
Added Alternate Chief Co-Sponsor Rep. Deborah L. Graham
May 13, 2003
Added Alternate Chief Co-Sponsor Rep. Mary E. Flowers
May 08, 2003
Added Alternate Chief Co-Sponsor Rep. Constance A. Howard
May 08, 2003
Placed on Calendar Order of 3rd Reading - Standard Debate
May 08, 2003
Second Reading - Standard Debate
May 01, 2003
Placed on Calendar 2nd Reading - Standard Debate
May 01, 2003
Do Pass / Standard Debate Judiciary II - Criminal Law Committee; 007-001-000
April 09, 2003
Assigned to Judiciary II - Criminal Law Committee
April 08, 2003
Referred to Rules Committee
April 08, 2003
First Reading
April 08, 2003
Chief House Sponsor Rep. Larry McKeon
April 04, 2003
Placed on Calendar Order of First Reading
April 04, 2003
Arrived in House
April 03, 2003
Third Reading - Passed; 054-002-000
April 03, 2003
Added as Chief Co-Sponsor Sen. Mattie Hunter
April 03, 2003
Sponsor Removed Sen. Mattie Hunter
April 03, 2003
Added as Chief Co-Sponsor Sen. Barack Obama
April 02, 2003
Placed on Calendar Order of 3rd Reading April 3, 2003
April 02, 2003
Senate Floor Amendment No. 1 Adopted; Lightford
April 02, 2003
Recalled to Second Reading
April 02, 2003
Senate Floor Amendment No. 1 Be Approved for Consideration Judiciary; 007-000-000
April 02, 2003
Senate Floor Amendment No. 1 Rules Refers to Judiciary
March 27, 2003
Senate Floor Amendment No. 1 Referred to Rules
March 27, 2003
Senate Floor Amendment No. 1 Filed with Secretary by Sen. Kimberly A. Lightford
March 25, 2003
Placed on Calendar Order of 3rd Reading March 26, 2003
March 25, 2003
Second Reading
March 13, 2003
Placed on Calendar Order of 2nd Reading March 18, 2003
March 13, 2003
Do Pass Judiciary; 008-001-000
March 05, 2003
Postponed - Judiciary
February 28, 2003
Added as Co-Sponsor Sen. Mattie Hunter
February 27, 2003
Postponed - Judiciary
February 19, 2003
Assigned to Judiciary
February 18, 2003
Referred to Rules
February 18, 2003
First Reading
February 18, 2003
Filed with Secretary by Sen. Kimberly A. Lightford

Sponsorship breakdown

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0 sponsors · 6 co-sponsors · 177 not signed on · 2 voted No

Sponsors (0)

None.

Co-sponsors (6)

Kimberly A. Lightford Democrat
Arthur L. Turner
Wyvetter H. Younge
Karen A. Yarbrough
Marlow H. Colvin
Emil Jones, III Democrat

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

May 13, 2003

Passed 94 Yea · 22 Nay · 2 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	84	20	0	2
Democrat	9	0	0	0
Republican	1	2	0	0
Total	94	22	0	2
% of votes cast	80%	19%	0%	2%

How each member voted (118)

Member	Party	Vote
Saviano	—	Nay
Schmitz	—	Yea
Scully	—	Yea
Slone	—	Yea
Sommer	—	Nay
Soto	—	Yea
Younge	—	Yea
Lindner	—	Yea
Madigan	—	Yea
Acevedo	—	Yea
Aguilar	—	Yea
Mathias	—	Nay
Bassi	—	Yea
Beaubien	—	Yea
Bellock	—	Yea
Berrios	—	Yea
Mautino	—	Yea
Biggins	—	Nay
Black	—	Not Voting
Boland	—	Yea
May	—	Yea
Bost	—	Yea
Brauer	—	Yea
Brosnahan	—	Yea
Capparelli	—	Yea
Colvin	—	Yea
Coulson	—	Yea
Mulligan	—	Yea
Nekritz	—	Yea
Jefferson	—	Yea
McCarthy	—	Yea
McKeon	—	Yea
Mendoza	—	Yea
Meyer	—	Yea
Lyons, Eileen	—	Yea
Bailey	—	Yea
Lyons, Joseph	—	Yea
Millner	—	Yea
Parke	—	Yea
Reitz	—	Yea
Phelps	—	Yea
Pihos	—	Yea
McGuire	—	Yea
Bradley, Richard	—	Yea
Brady	—	Yea
Mitchell, Bill	—	Yea
Hannig	—	Yea
Burke	—	Yea
Dunkin	—	Yea
Dunn	—	Yea
Flider	—	Yea
Flowers	—	Yea
Forby	—	Yea
Franks	—	Yea
Fritchey	—	Yea
Froehlich	—	Yea
Giles	—	Yea
Graham	—	Yea
Grunloh	—	Yea
Hamos	—	Yea
Mitchell, Jerry	—	Yea
Krause	—	Yea
Kurtz	—	Yea
Lang	—	Yea
Leitch	—	Nay
McAuliffe	—	Nay
Howard	—	Yea
Moffitt	—	Nay
Molaro	—	Yea
Morrow	—	Yea
Watson	—	Yea
Jones	—	Yea
Munson	—	Yea
Davis, Monique	—	Yea
Davis, Steve	—	Yea
Myers	—	Nay
Novak	—	Yea
Sullivan	—	Nay
O'Brien	—	Yea
Osmond	—	Yea
Osterman	—	Yea
Pankau	—	Nay
Tenhouse	—	Nay
Turner	—	Yea
Verschoore	—	Yea
Wait	—	Nay
Washington	—	Yea
Winters	—	Yea
Churchill	—	Nay
Cross	—	Yea
Cultra	—	Nay
Currie	—	Yea
Daniels	—	Nay
Eddy	—	Nay
Granberg	—	Not Voting
Hassert	—	Yea
Holbrook	—	Yea
Hultgren	—	Nay
Jakobsson	—	Yea
Kosel	—	Yea
Wirsing	—	Nay
Yarbrough	—	Yea
Poe	—	Nay
Ryg	—	Yea
Sacia	—	Nay
Chapa LaVia	—	Yea
Eva-Dina Delgado	Democrat	Yea
Jay Hoffman	Democrat	Yea
Lakesia Collins	Democrat	Yea
Michael J. Kelly	Democrat	Yea
Nicholas K. Smith	Democrat	Yea
Patrick J. Joyce	Democrat	Yea
Robert "Bob" Rita	Democrat	Yea
Sara Feigenholtz	Democrat	Yea
William "Will" Davis	Democrat	Yea
Brad Stephens	Republican	Nay
Chapin Rose	Republican	Nay
Chris Miller	Republican	Yea

Official roll call →

Third Reading

April 03, 2003

Passed 54 Yea · 2 Nay · 3 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	46	2	0	3
Democrat	7	0	0	0
Republican	1	0	0	0
Total	54	2	0	3
% of votes cast	92%	3%	0%	5%

How each member voted (59)

Member	Party	Vote
Sandoval	—	Yea
Silverstein	—	Yea
Link	—	Yea
Althoff	—	Yea
Martinez	—	Yea
Bomke	—	Yea
Burzynski	—	Yea
Meeks	—	Not Voting
Halvorson	—	Yea
Obama	—	Yea
Munoz	—	Yea
Lauzen	—	Yea
Luechtefeld	—	Yea
Maloney	—	Yea
Sullivan, D.	—	Yea
Brady	—	Yea
Sullivan, J.	—	Yea
Philip	—	Not Voting
Jacobs	—	Yea
Jones, J.	—	Yea
Schoenberg	—	Yea
Shadid	—	Yea
Watson	—	Yea
Cullerton	—	Yea
Sieben	—	Yea
Demuzio	—	Yea
Trotter	—	Yea
Viverito	—	Yea
Petka	—	Nay
Jones, W.	—	Nay
Winkel	—	Not Voting
Wojcik	—	Yea
Woolard	—	Yea
Clayborne	—	Yea
Cronin	—	Yea
Crotty	—	Yea
DeLeo	—	Yea
Dillard	—	Yea
Garrett	—	Yea
Geo-Karis	—	Yea
Haine	—	Yea
Hendon	—	Yea
Peterson	—	Yea
Radogno	—	Yea
Rauschenberger	—	Yea
Righter	—	Yea
Risinger	—	Yea
Ronen	—	Yea
Roskam	—	Yea
Rutherford	—	Yea
del Valle	—	Yea
Don Harmon	Democrat	Yea
Emanuel "Chris" Welch	Democrat	Yea
Emil Jones, III	Democrat	Yea
Kimberly A. Lightford	Democrat	Yea
Lakesia Collins	Democrat	Yea
Lawrence "Larry" Walsh, Jr.	Democrat	Yea
Mattie Hunter	Democrat	Yea
Dave Syverson	Republican	Yea

Official roll call →

Subjects

public-safety civil-rights

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Frequently asked questions

What does SB 423 do?: Amends the Criminal Identification Act and the Unified Code of Corrections. Provides that if a conviction or sentence has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the defendant was factually innocent of the charge, then the court shall enter an order expunging the record of arrest from the official records of the arresting authority and order that the records of the clerk of the circuit court and Department of State Police be sealed until further order of the court upon good cause shown and the name of the defendant obliterated from the official index kept by the circuit clerk. Amends the State Appellate Defender Act. Provides that the State Appellate Defender shall establish, maintain, and carry out an Expungement Program to provide information and assistance to persons eligible to have their arrest or criminal history record information ordered expunged, sealed, or impounded. Provides that the State Appellate Defender shall develop brochures, pamphlets, and other materials in printed form and through the agency's World Wide Web site that include at a minimum the following information: (1) an explanation of the State's expungement process; (2) the circumstances under which expungements may occur; (3) the criminal offenses that may be expunged; (4) the steps necessary to initiate and complete the expungement process; and (5) directions on how to contact the State Appellate Defender. Provides that the State Appellate Defender shall establish and maintain a statewide toll-free telephone number that a person may use to receive information or assistance concerning the expungement or sealing of arrest or criminal history record information. Provides that the State Appellate Defender shall compile a statewide list of volunteer attorneys willing to assist eligible individuals through the expungement process. Provides that the Program shall be implemented from funds appropriated to the State Appellate Defender for this purpose. Effective immediately.
Who sponsors SB 423?: SB 423 is sponsored by Kimberly A. Lightford (Democrat), Arthur L. Turner, Wyvetter H. Younge, Karen A. Yarbrough, Marlow H. Colvin, and Emil Jones, III (Democrat).
What is the current status of SB 423?: This bill has been enacted into law. Introduced February 18, 2003. Enacted.
Where can I track SB 423?: Track SB 423 free on One Click Politics — get push/email alerts when it moves.

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At a glance

Identifier: SB 423
Jurisdiction: Illinois
Session: 93rd Regular Session
Type: Bill
Introduced: February 18, 2003
Status: Enacted
Prime sponsor: Kimberly A. Lightford

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CRIM ID-EXPUNGE

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SB 423 — CRIM ID-EXPUNGE

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