HB 5394 — CRIM ID-SEALING RECORDS

*LRB09619331RLC34722b* HB5394 96THEngrossed GENERALLRB096 ASSEMBLY19331 StateRLC of34722 Illinoisb andAN 2010ACT HB5394concerning Introducedcriminal 2/5/2010,law. by Rep.

Constance A.

Howard SYNOPSIS AS INTRODUCED:

ILCS 2630/5.2 convicted of assault or battery may have his or her arrest and court records sealed.

Makes other changes relating to the sealing of records.

LRB096 19331 RLC 34722 b FISCAL NOTE ACT STATE MANDATES MAY APPLY ACT MAY REQUIRE REIMBURSEMENT A BILL FOR HB5394 LRB096 19331 RLC 34722 b AN ACT concerning criminal law.

(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), HB5394 Engrossed - 2 - LRB096 19331 RLC 34722 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).

HB5394 Engrossed - 3 - LRB096 19331 RLC 34722 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 HB5394 Engrossed - 4 - LRB096 19331 RLC 34722 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 HB5394 Engrossed - 5 - LRB096 19331 RLC 34722 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.

HB5394 Engrossed - 6 - LRB096 19331 RLC 34722 b (2) Minor Traffic Offenses.

(i) offenses included in Article 11 of the Criminal Code of 1961 or a similar provision of a HB5394 Engrossed - 7 - LRB096 19331 RLC 34722 b local ordinance, except Section 11-14 of the Criminal Code of 1961 or a similar provision of a local ordinance;

(iii) offenses defined as "crimes of violence" in Section 2 of the Crime Victims Compensation Act or a similar provision of a local ordinance,ordinance; except that misdemeanor violations set out in Sections 12-1 and 12-3 of the Criminal Code of 1961 are sealable;

(i) the charge isresults amendedin toacquittal aor misdemeanordismissal; and is otherwise eligible to be sealed pursuant to subsection (c);

(ii) the charge results in firsta offenderconviction, HB5394but -the 8conviction -was LRB096reversed 19331or RLCvacated; 34722 b probation as set forth in subsection (c)(2)(E);

or (iii) (i) the charge is foramended to a Classmisdemeanor 4and felonyis offenseotherwise listedeligible into subsectionbe (c)(2)(F)sealed orpursuant the charge is amended to a Class 4 felony offense listed in subsection (c)(2)(F).(c);

HB5394 Engrossed - 8 - LRB096 19331 RLC 34722 b (iv) (ii) the charge results in first offender probation as set forth in subsection (c)(2)(E);

or (v) (iii) the charge is for a Class 4 felony offense listed in subsection (c)(2)(F) or the charge is amended to a Class 4 felony offense listed in subsection (c)(2)(F).

(ii) a conviction which was vacated or reversed, unless HB5394 Engrossed - 9 - LRB096 19331 RLC 34722 b excluded by subsection (a)(3)(B);

(iii) an order of HB5394 - 9 - LRB096 19331 RLC 34722 b supervision and such supervision was successfully completed by the petitioner, unless excluded by subsection (a)(3)(A) or (a)(3)(B);

(ii) Those arrests or charges that resulted in HB5394 Engrossed - 10 - LRB096 19331 RLC 34722 b (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.

(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 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 HB5394 Engrossed - 11 - LRB096 19331 RLC 34722 b 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.

(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 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 HB5394 Engrossed - 12 - LRB096 19331 RLC 34722 b with the proceedings of the trial court concerning that offense.

HB5394 Engrossed - 13 - LRB096 19331 RLC 34722 b (1) Applicability.

Notwithstanding any other provision HB5394 - 13 - LRB096 19331 RLC 34722 b 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.

(B) (Blank) 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) or (a)(3)(D);

and HB5394 Engrossed - 14 - LRB096 19331 RLC 34722 b (F) Arrests or charges not initiated by arrest resulting in Class 4 felony convictions for the following offenses:

and (v) the Steroid Control Act;Act.

(G) Arrests or charges not initiated by arrest resulting in the acquittal of the petitioner or in which the petitioner was released without being convicted and without being placed on supervision, except as excluded by subsection (a)(3)(B) or (a)(3)(D);

and (H) Arrests or charges not initiated by arrest resulting in conviction, the conviction was reversed, subsequent to the reversal, the charges resulted in an acquittal or dismissal of the charges, and the petitioner was released without being convicted and without being placed on supervision, except as excluded by subsection (a)(3)(B) or (a)(3)(D).

HB5394 - 15 - LRB096 19331 RLC 34722 b (A) Records identified as eligible under subsection (c)(2)(A),(c)(2)(A) and (c)(2)(G),(c)(2)(B) and (c)(2)(H)(B) may be sealed at any time.

HB5394 Engrossed - 15 - LRB096 19331 RLC 34722 b (C) Records identified as eligible under subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be sealed 4 years after the termination of the petitioner's last sentence (as defined in subsection (a)(1)(F)).

HB5394 - 16 - LRB096 19331 RLC 34722 b (5) Notice of eligibility for sealing.

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 HB5394 Engrossed - 16 - LRB096 19331 RLC 34722 b charges were brought, or both.

HB5394 - 17 - LRB096 19331 RLC 34722 b (3) Drug test.

The circuit court clerk shall promptly serve a copy of the petition on the State's HB5394 Engrossed - 17 - LRB096 19331 RLC 34722 b 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 effecting the arrest.

HB5394 - 18 - LRB096 19331 RLC 34722 b (6) Entry of order.

(B) Unless the State's Attorney or prosecutor, the Department of 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 HB5394 Engrossed - 18 - LRB096 19331 RLC 34722 b an order granting or denying the petition.

After entering an order to expunge or seal records, the court must provide copies of the order to the Department, in a form and manner prescribed by the Department, to the petitioner, to the HB5394 - 19 - LRB096 19331 RLC 34722 b 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.

(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency, the Department, and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or HB5394 Engrossed - 19 - LRB096 19331 RLC 34722 b reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;