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91_HB2033
LRB9104087RCkb
1 AN ACT in relation to the expungement and sealing of
2 arrest and court records.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Identification Act is amended by
6 changing Section 5 as follows:
7 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
8 (Text of Section before amendment by P.A. 90-590)
9 Sec. 5. Arrest reports; expungement.
10 (a) All policing bodies of this State shall furnish to
11 the Department, daily, in the form and detail the Department
12 requires, fingerprints and descriptions of all persons who
13 are arrested on charges of violating any penal statute of
14 this State for offenses that are classified as felonies and
15 Class A or B misdemeanors and of all minors who have been
16 arrested or taken into custody before their 17th birthday for
17 an offense that if committed by an adult would constitute the
18 offense of unlawful use of weapons under Article 24 of the
19 Criminal Code of 1961, a forcible felony as defined in
20 Section 2-8 of the Criminal Code of 1961, or a Class 2 or
21 greater felony under the Cannabis Control Act, the Illinois
22 Controlled Substances Act, or Chapter 4 of the Illinois
23 Vehicle Code. Moving or nonmoving traffic violations under
24 the Illinois Vehicle Code shall not be reported except for
25 violations of Chapter 4, Section 11-204.1, or Section 11-501
26 of that Code. In addition, conservation offenses, as defined
27 in the Supreme Court Rule 501(c), that are classified as
28 Class B misdemeanors shall not be reported.
29 Whenever an adult or minor prosecuted as an adult, not
30 having previously been convicted of any criminal offense or
31 municipal ordinance violation, charged with a violation of a
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1 municipal ordinance or a felony or misdemeanor, is acquitted
2 or released without being convicted, whether the acquittal or
3 release occurred before, on, or after the effective date of
4 this amendatory Act of 1991, the Chief Judge of the circuit
5 wherein the charge was brought, any judge of that circuit
6 designated by the Chief Judge, or in counties of less than
7 3,000,000 inhabitants, the presiding trial judge at the
8 defendant's trial may upon verified petition of the defendant
9 order the record of arrest expunged from the official records
10 of the arresting authority and the Department and order that
11 the records of the clerk of the circuit court be sealed until
12 further order of the court upon good cause shown and the name
13 of the defendant obliterated on the official index required
14 to be kept by the circuit court clerk under Section 16 of the
15 Clerks of Courts Act, but the order shall not affect any
16 index issued by the circuit court clerk before the entry of
17 the order. The Department may charge the petitioner a fee
18 equivalent to the cost of processing any order to expunge or
19 seal the records, and the fee shall be deposited into the
20 State Police Services Fund. The records of those arrests,
21 however, that result in a disposition of supervision for any
22 offense shall not be expunged from the records of the
23 arresting authority or the Department nor impounded by the
24 court until 2 years after discharge and dismissal of
25 supervision. Those records that result from a supervision
26 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
27 11-503 of the Illinois Vehicle Code or a similar provision of
28 a local ordinance, or for a violation of Section 12-3.2,
29 12-15 or 16A-3 of the Criminal Code of 1961, or probation
30 under Section 10 of the Cannabis Control Act, Section 410 of
31 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
32 and (2) of the Criminal Code of 1961 (as those provisions
33 existed before their deletion by Public Act 89-313), Section
34 10-102 of the Illinois Alcoholism and Other Drug Dependency
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1 Act when the judgment of conviction has been vacated, Section
2 40-10 of the Alcoholism and Other Drug Abuse and Dependency
3 Act when the judgment of conviction has been vacated, or
4 Section 10 of the Steroid Control Act shall not be expunged
5 from the records of the arresting authority nor impounded by
6 the court until 5 years after termination of probation or
7 supervision. Those records that result from a supervision for
8 a violation of Section 11-501 of the Illinois Vehicle Code or
9 a similar provision of a local ordinance, shall not be
10 expunged. All records set out above may be ordered by the
11 court to be expunged from the records of the arresting
12 authority and impounded by the court after 5 years, but shall
13 not be expunged by the Department, but shall, on court order
14 be sealed by the Department and may be disseminated by the
15 Department only as required by law or to the arresting
16 authority, the State's Attorney, and the court upon a later
17 arrest for the same or a similar offense or for the purpose
18 of sentencing for any subsequent felony. Upon conviction for
19 any offense, the Department of Corrections shall have access
20 to all sealed records of the Department pertaining to that
21 individual.
22 (b) Whenever a person has been convicted of a crime or
23 of the violation of a municipal ordinance, in the name of a
24 person whose identity he has stolen or otherwise come into
25 possession of, the aggrieved person from whom the identity
26 was stolen or otherwise obtained without authorization, upon
27 learning of the person having been arrested using his
28 identity, may, upon verified petition to the chief judge of
29 the circuit wherein the arrest was made, have a court order
30 entered nunc pro tunc by the chief judge to correct the
31 arrest record, conviction record, if any, and all official
32 records of the arresting authority, the Department, other
33 criminal justice agencies, the prosecutor, and the trial
34 court concerning such arrest, if any, by removing his name
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1 from all such records in connection with the arrest and
2 conviction, if any, and by inserting in the records the name
3 of the offender, if known or ascertainable, in lieu of the
4 aggrieved's name. The records of the clerk of the circuit
5 court clerk shall be sealed until further order of the court
6 upon good cause shown and the name of the aggrieved person
7 obliterated on the official index required to be kept by the
8 circuit court clerk under Section 16 of the Clerks of Courts
9 Act, but the order shall not affect any index issued by the
10 circuit court clerk before the entry of the order. Nothing in
11 this Section shall limit the Department of State Police or
12 other criminal justice agencies or prosecutors from listing
13 under an offender's name the false names he or she has used.
14 For purposes of this Section, convictions for moving and
15 nonmoving traffic violations other than convictions for
16 violations of Chapter 4, Section 11-204.1 or Section 11-501
17 of the Illinois Vehicle Code shall not be a bar to expunging
18 the record of arrest and court records for violation of a
19 misdemeanor or municipal ordinance.
20 (c) Whenever a person who has been convicted of an
21 offense is granted a pardon by the Governor which
22 specifically authorizes expungement, he may, upon verified
23 petition to the chief judge of the circuit where the person
24 had been convicted, any judge of the circuit designated by
25 the Chief Judge, or in counties of less than 3,000,000
26 inhabitants, the presiding trial judge at the defendant's
27 trial, may have a court order entered expunging the record of
28 arrest from the official records of the arresting authority
29 and order that the records of the clerk of the circuit court
30 and the Department be sealed until further order of the court
31 upon good cause shown or as otherwise provided herein, and
32 the name of the defendant obliterated from the official index
33 requested to be kept by the circuit court clerk under Section
34 16 of the Clerks of Courts Act in connection with the arrest
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1 and conviction for the offense for which he had been pardoned
2 but the order shall not affect any index issued by the
3 circuit court clerk before the entry of the order. All
4 records sealed by the Department may be disseminated by the
5 Department only as required by law or to the arresting
6 authority, the State's States Attorney, and the court upon a
7 later arrest for the same or similar offense or for the
8 purpose of sentencing for any subsequent felony. Upon
9 conviction for any subsequent offense, the Department of
10 Corrections shall have access to all sealed records of the
11 Department pertaining to that individual. Upon entry of the
12 order of expungement, the clerk of the circuit court shall
13 promptly mail a copy of the order to the person who was
14 pardoned.
15 (d) Notice of the petition for subsections (a), (b), and
16 (c) shall be served upon the State's Attorney or prosecutor
17 charged with the duty of prosecuting the offense, the
18 Department of State Police, the arresting agency and the
19 chief legal officer of the unit of local government affecting
20 the arrest. Unless the State's Attorney or prosecutor, the
21 Department of State Police, the arresting agency or such
22 chief legal officer objects to the petition within 30 days
23 from the date of the notice, the court shall enter an order
24 granting or denying the petition. The clerk of the court
25 shall promptly mail a copy of the order to the person, the
26 arresting agency, the prosecutor, the Department of State
27 Police and such other criminal justice agencies as may be
28 ordered by the judge.
29 (e) Nothing herein shall prevent the Department of State
30 Police from maintaining all records of any person who is
31 admitted to probation upon terms and conditions and who
32 fulfills those terms and conditions pursuant to Section 10 of
33 the Cannabis Control Act, Section 410 of the Illinois
34 Controlled Substances Act, Section 12-4.3 of the Criminal
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1 Code of 1961, Section 10-102 of the Illinois Alcoholism and
2 Other Drug Dependency Act, Section 40-10 of the Alcoholism
3 and Other Drug Abuse and Dependency Act, or Section 10 of the
4 Steroid Control Act.
5 (f) No court order issued pursuant to the expungement
6 provisions of this Section shall become final for purposes of
7 appeal until 30 days after notice is received by the
8 Department. Any court order contrary to the provisions of
9 this Section is void.
10 (g) The court shall not order the sealing or expungement
11 of the arrest records and records of the circuit court clerk
12 of any person granted supervision for or convicted of any
13 sexual offense committed against a minor under 18 years of
14 age. For the purposes of this Section, "sexual offense
15 committed against a minor" includes but is not limited to the
16 offenses of indecent solicitation of a child or criminal
17 sexual abuse when the victim of such offense is under 18
18 years of age.
19 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
20 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
21 (Text of Section after amendment by P.A. 90-590)
22 Sec. 5. Arrest reports; expungement.
23 (a) All policing bodies of this State shall furnish to
24 the Department, daily, in the form and detail the Department
25 requires, fingerprints and descriptions of all persons who
26 are arrested on charges of violating any penal statute of
27 this State for offenses that are classified as felonies and
28 Class A or B misdemeanors and of all minors of the age of 10
29 and over who have been arrested for an offense which would be
30 a felony if committed by an adult, and may forward such
31 fingerprints and descriptions for minors arrested for Class A
32 or B misdemeanors. Moving or nonmoving traffic violations
33 under the Illinois Vehicle Code shall not be reported except
34 for violations of Chapter 4, Section 11-204.1, or Section
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1 11-501 of that Code. In addition, conservation offenses, as
2 defined in the Supreme Court Rule 501(c), that are classified
3 as Class B misdemeanors shall not be reported.
4 Whenever an adult or minor prosecuted as an adult, not
5 having previously been convicted of any criminal offense or
6 municipal ordinance violation, charged with a violation of a
7 municipal ordinance or a felony or misdemeanor, is acquitted
8 or released without being convicted, whether the acquittal or
9 release occurred before, on, or after the effective date of
10 this amendatory Act of 1999 1991, the Chief Judge of the
11 circuit wherein the charge was brought, any judge of that
12 circuit designated by the Chief Judge, or in counties of less
13 than 3,000,000 inhabitants, the presiding trial judge at the
14 defendant's trial must may upon verified petition of the
15 defendant order the record of arrest expunged from the
16 official records of the arresting authority and the
17 Department and order that the records of the clerk of the
18 circuit court be sealed until further order of the court upon
19 good cause shown and the name of the defendant obliterated on
20 the official index required to be kept by the circuit court
21 clerk under Section 16 of the Clerks of Courts Act, but the
22 order shall not affect any index issued by the circuit court
23 clerk before the entry of the order. The Department may
24 charge the petitioner a fee equivalent to the cost of
25 processing any order to expunge or seal the records, and the
26 fee shall be deposited into the State Police Services Fund.
27 The records of those arrests, however, that result in a
28 disposition of supervision for any offense must shall not be
29 expunged from the records of the arresting authority or the
30 Department and nor impounded by the court until 2 years after
31 discharge and dismissal of supervision. Those records that
32 result from a supervision for a violation of Section 3-707,
33 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code
34 or a similar provision of a local ordinance, or for a
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1 violation of Section 12-3.2, 12-15 or 16A-3 of the Criminal
2 Code of 1961, or probation under Section 10 of the Cannabis
3 Control Act, Section 410 of the Illinois Controlled
4 Substances Act, Section 12-4.3(b)(1) and (2) of the Criminal
5 Code of 1961, Section 10-102 of the Illinois Alcoholism and
6 Other Drug Dependency Act when the judgment of conviction has
7 been vacated, Section 40-10 of the Alcoholism and Other Drug
8 Abuse and Dependency Act when the judgment of conviction has
9 been vacated, or Section 10 of the Steroid Control Act shall
10 not be expunged from the records of the arresting authority
11 nor impounded by the court until 5 years after termination of
12 probation or supervision. Those records that result from a
13 supervision for a violation of Section 11-501 of the Illinois
14 Vehicle Code or a similar provision of a local ordinance,
15 shall not be expunged. All records set out above must may be
16 ordered by the court to be expunged from the records of the
17 arresting authority and immediately impounded by the court
18 and after 5 years, but shall not be expunged by the
19 Department and , but shall, on court order be sealed by the
20 Department and may be disseminated by the Department only as
21 required by law or to the arresting authority, the State's
22 Attorney, and the court upon a later arrest for the same or a
23 similar offense or for the purpose of sentencing for any
24 subsequent felony. Upon conviction for any offense, the
25 Department of Corrections shall have access to all sealed
26 records of the Department pertaining to that individual.
27 (a-5) Those records maintained by the Department for
28 persons arrested prior to their 17th birthday shall be
29 expunged as provided in Section 5-915 of the Juvenile Court
30 Act of 1987.
31 (b) Whenever a person has been convicted of a crime or
32 of the violation of a municipal ordinance, in the name of a
33 person whose identity he has stolen or otherwise come into
34 possession of, the aggrieved person from whom the identity
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1 was stolen or otherwise obtained without authorization, upon
2 learning of the person having been arrested using his
3 identity, may, upon verified petition to the chief judge of
4 the chief judge of the circuit wherein the arrest was made,
5 must have a court order entered nunc pro tunc by the chief
6 judge to correct the arrest record, conviction record, if
7 any, and all official records of the arresting authority, the
8 Department, other criminal justice agencies, the prosecutor,
9 and the trial court concerning such arrest, if any, by
10 removing his name from all such records in connection with
11 the arrest and conviction, if any, and by inserting in the
12 records the name of the offender, if known or ascertainable,
13 in lieu of the has name. The records of the clerk of the
14 circuit court clerk shall be sealed until further order of
15 the court upon good cause shown and the name of the aggrieved
16 person obliterated on the official index required to be kept
17 by the circuit court clerk under Section 16 of the Clerks of
18 Courts Act, but the order shall not affect any index issued
19 by the circuit court clerk before the entry of the order.
20 Nothing in this Section shall limit the Department of State
21 Police or other criminal justice agencies or prosecutors from
22 listing under an offender's name the false names he or she
23 has used. For purposes of this Section, convictions for
24 moving and nonmoving traffic violations other than
25 convictions for violations of Chapter 4, Section 11-204.1 or
26 Section 11-501 of the Illinois Vehicle Code shall not be a
27 bar to expunging the record of arrest and court records for
28 violation of a misdemeanor or municipal ordinance.
29 (c) Whenever a person who has been convicted of an
30 offense is granted a pardon by the Governor which
31 specifically authorizes expungement, he may, upon verified
32 petition to the chief judge of the circuit where the person
33 had been convicted, any judge of the circuit designated by
34 the Chief Judge, or in counties of less than 3,000,000
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1 inhabitants, the presiding trial judge at the defendant's
2 trial, must may have a court order entered expunging the
3 record of arrest from the official records of the arresting
4 authority and order that the records of the clerk of the
5 circuit court and the Department be sealed until further
6 order of the court upon good cause shown or as otherwise
7 provided in this Section herein, and the name of the
8 defendant obliterated from the official index requested to be
9 kept by the circuit court clerk under Section 16 of the
10 Clerks of Courts Act in connection with the arrest and
11 conviction for the offense for which he had been pardoned but
12 the order shall not affect any index issued by the circuit
13 court clerk before the entry of the order. All records
14 sealed by the Department may be disseminated by the
15 Department only as required by law or to the arresting
16 authority, the State's States Attorney, and the court upon a
17 later arrest for the same or similar offense or for the
18 purpose of sentencing for any subsequent felony. Upon
19 conviction for any subsequent offense, the Department of
20 Corrections shall have access to all sealed records of the
21 Department pertaining to that individual. Upon entry of the
22 order of expungement, the clerk of the circuit court shall
23 promptly mail a copy of the order to the person who was
24 pardoned.
25 (c-5) Whenever a person who has been convicted of a
26 misdemeanor has completed his or her sentence, including a
27 term of probation or conditional discharge, the chief judge
28 of the circuit where the person had been convicted, any judge
29 of the circuit designated by the Chief Judge, or in counties
30 of less than 3,000,000 inhabitants, the presiding trial judge
31 at the defendant's trial, must immediately have a court order
32 entered expunging the record of arrest from the official
33 records of the arresting authority and order that the records
34 of the clerk of the circuit court and the Department be
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1 sealed until further order of the court upon good cause shown
2 or as otherwise provided in this Section, and the name of the
3 defendant obliterated from the official index requested to be
4 kept by the circuit court clerk under Section 16 of the
5 Clerks of Courts Act in connection with the arrest and
6 conviction for the offense for which he had been convicted
7 but the order shall not affect any index issued by the
8 circuit court clerk before the entry of the order. All
9 records sealed by the Department may be disseminated by the
10 Department only as required by law or to the arresting
11 authority, the State's Attorney, and the court upon a later
12 arrest for the same or similar offense or for the purpose of
13 sentencing for any subsequent felony. Upon conviction for
14 any subsequent offense, the Department of Corrections shall
15 have access to all sealed records of the Department
16 pertaining to that individual. Upon entry of the order of
17 expungement, the clerk of the circuit court shall promptly
18 mail a copy of the order to the person whose records were
19 expunged and sealed.
20 (c-6) Whenever a person who has been convicted of a
21 Class 4 felony has completed his or her sentence, including a
22 term of probation, conditional discharge, or mandatory
23 supervised release and has not within the previous 5 year
24 period been convicted of any felony or misdemeanor reportable
25 to the Department of State Police under this Section, the
26 chief judge of the circuit where the person had been
27 convicted, any judge of the circuit designated by the Chief
28 Judge, or in counties of less than 3,000,000 inhabitants, the
29 presiding trial judge at the defendant's trial, must
30 immediately have a court order entered expunging the record
31 of arrest from the official records of the arresting
32 authority and order that the records of the clerk of the
33 circuit court and the Department be sealed until further
34 order of the court upon good cause shown or as otherwise
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1 provided in this Section, and the name of the defendant
2 obliterated from the official index requested to be kept by
3 the circuit court clerk under Section 16 of the Clerks of
4 Courts Act in connection with the arrest and conviction for
5 the offense for which he had been convicted but the order
6 shall not affect any index issued by the circuit court clerk
7 before the entry of the order. All records sealed by the
8 Department may be disseminated by the Department only as
9 required by law or to the arresting authority, the State's
10 Attorney, and the court upon a later arrest for the same or
11 similar offense or for the purpose of sentencing for any
12 subsequent felony. Upon conviction for any subsequent
13 offense, the Department of Corrections shall have access to
14 all sealed records of the Department pertaining to that
15 individual. Upon entry of the order of expungement, the
16 clerk of the circuit court shall promptly mail a copy of the
17 order to the person whose records were expunged and sealed.
18 (d) Notice of the order of expungement and sealing of
19 records under petition for subsections (a), (b), and (c),
20 (c-5), and (c-6) shall be served upon the State's Attorney or
21 prosecutor charged with the duty of prosecuting the offense,
22 the Department of State Police, the arresting agency and the
23 chief legal officer of the unit of local government affecting
24 the arrest. Unless the State's Attorney or prosecutor, the
25 Department of State Police, the arresting agency or such
26 chief legal officer objects to the petition within 30 days
27 from the date of the notice, the court shall enter an order
28 granting or denying the petition. The clerk of the court
29 shall promptly mail a copy of the order to the person, the
30 arresting agency, the prosecutor, the Department of State
31 Police and such other criminal justice agencies as may be
32 ordered by the judge.
33 (e) Nothing herein shall prevent the Department of State
34 Police from maintaining all records of any person who is
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1 admitted to probation upon terms and conditions and who
2 fulfills those terms and conditions pursuant to Section 10 of
3 the Cannabis Control Act, Section 410 of the Illinois
4 Controlled Substances Act, Section 12-4.3 of the Criminal
5 Code of 1961, Section 10-102 of the Illinois Alcoholism and
6 Other Drug Dependency Act, Section 40-10 of the Alcoholism
7 and Other Drug Abuse and Dependency Act, or Section 10 of the
8 Steroid Control Act.
9 (f) No court order issued pursuant to the expungement
10 provisions of this Section shall become final for purposes of
11 appeal until 30 days after notice is received by the
12 Department. Any court order contrary to the provisions of
13 this Section is void.
14 (g) (Blank.) The court shall not order the sealing or
15 expungement of the arrest records and records of the circuit
16 court clerk of any person granted supervision for or
17 convicted of any sexual offense committed against a minor
18 under 18 years of age. For the purposes of this Section,
19 "sexual offense committed against a minor" includes but is
20 not limited to the offenses of indecent solicitation of a
21 child or criminal sexual abuse when the victim of such
22 offense is under 18 years of age.
23 (Source: P.A. 89-637, eff. 1-1-97; 89-689, eff. 12-31-96;
24 90-590, eff. 1-1-00; revised 10-31-98.)
25 Section 10. The Unified Code of Corrections is amended
26 by changing Section 5-6-3.1 as follows:
27 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
28 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
29 (a) When a defendant is placed on supervision, the court
30 shall enter an order for supervision specifying the period of
31 such supervision, and shall defer further proceedings in the
32 case until the conclusion of the period.
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1 (b) The period of supervision shall be reasonable under
2 all of the circumstances of the case, but may not be longer
3 than 2 years, unless the defendant has failed to pay the
4 assessment required by Section 10.3 of the Cannabis Control
5 Act or Section 411.2 of the Illinois Controlled Substances
6 Act, in which case the court may extend supervision beyond 2
7 years. Additionally, the court shall order the defendant to
8 perform no less than 30 hours of community service and not
9 more than 120 hours of community service, if community
10 service is available in the jurisdiction and is funded and
11 approved by the county board where the offense was committed,
12 when the offense (1) was related to or in furtherance of the
13 criminal activities of an organized gang or was motivated by
14 the defendant's membership in or allegiance to an organized
15 gang; or (2) is a violation of any Section of Article 24 of
16 the Criminal Code of 1961 where a disposition of supervision
17 is not prohibited by Section 5-6-1 of this Code. The
18 community service shall include, but not be limited to, the
19 cleanup and repair of any damage caused by violation of
20 Section 21-1.3 of the Criminal Code of 1961 and similar
21 damages to property located within the municipality or county
22 in which the violation occurred. Where possible and
23 reasonable, the community service should be performed in the
24 offender's neighborhood.
25 For the purposes of this Section, "organized gang" has
26 the meaning ascribed to it in Section 10 of the Illinois
27 Streetgang Terrorism Omnibus Prevention Act.
28 (c) The court may in addition to other reasonable
29 conditions relating to the nature of the offense or the
30 rehabilitation of the defendant as determined for each
31 defendant in the proper discretion of the court require that
32 the person:
33 (1) make a report to and appear in person before or
34 participate with the court or such courts, person, or
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1 social service agency as directed by the court in the
2 order of supervision;
3 (2) pay a fine and costs;
4 (3) work or pursue a course of study or vocational
5 training;
6 (4) undergo medical, psychological or psychiatric
7 treatment; or treatment for drug addiction or alcoholism;
8 (5) attend or reside in a facility established for
9 the instruction or residence of defendants on probation;
10 (6) support his dependents;
11 (7) refrain from possessing a firearm or other
12 dangerous weapon;
13 (8) and in addition, if a minor:
14 (i) reside with his parents or in a foster
15 home;
16 (ii) attend school;
17 (iii) attend a non-residential program for
18 youth;
19 (iv) contribute to his own support at home or
20 in a foster home; and
21 (9) make restitution or reparation in an amount not
22 to exceed actual loss or damage to property and pecuniary
23 loss or make restitution under Section 5-5-6 to a
24 domestic violence shelter. The court shall determine the
25 amount and conditions of payment;
26 (10) perform some reasonable public or community
27 service;
28 (11) comply with the terms and conditions of an
29 order of protection issued by the court pursuant to the
30 Illinois Domestic Violence Act of 1986. If the court has
31 ordered the defendant to make a report and appear in
32 person under paragraph (1) of this subsection, a copy of
33 the order of protection shall be transmitted to the
34 person or agency so designated by the court;
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1 (12) reimburse any "local anti-crime program" as
2 defined in Section 7 of the Anti-Crime Advisory Council
3 Act for any reasonable expenses incurred by the program
4 on the offender's case, not to exceed the maximum amount
5 of the fine authorized for the offense for which the
6 defendant was sentenced;
7 (13) contribute a reasonable sum of money, not to
8 exceed the maximum amount of the fine authorized for the
9 offense for which the defendant was sentenced, to a
10 "local anti-crime program", as defined in Section 7 of
11 the Anti-Crime Advisory Council Act;
12 (14) refrain from entering into a designated
13 geographic area except upon such terms as the court finds
14 appropriate. Such terms may include consideration of the
15 purpose of the entry, the time of day, other persons
16 accompanying the defendant, and advance approval by a
17 probation officer;
18 (15) refrain from having any contact, directly or
19 indirectly, with certain specified persons or particular
20 types of person, including but not limited to members of
21 street gangs and drug users or dealers;
22 (16) refrain from having in his or her body the
23 presence of any illicit drug prohibited by the Cannabis
24 Control Act or the Illinois Controlled Substances Act,
25 unless prescribed by a physician, and submit samples of
26 his or her blood or urine or both for tests to determine
27 the presence of any illicit drug.
28 (d) The court shall defer entering any judgment on the
29 charges until the conclusion of the supervision.
30 (e) At the conclusion of the period of supervision, if
31 the court determines that the defendant has successfully
32 complied with all of the conditions of supervision, the court
33 shall discharge the defendant and enter a judgment dismissing
34 the charges.
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1 (f) Discharge and dismissal upon a successful conclusion
2 of a disposition of supervision shall be deemed without
3 adjudication of guilt and shall not be termed a conviction
4 for purposes of disqualification or disabilities imposed by
5 law upon conviction of a crime. The expungement and sealing
6 of arrest and court records of a person who has successfully
7 concluded a disposition of supervision is governed by Section
8 5 of the Criminal Identification Act. Two years after the
9 discharge and dismissal under this Section, unless the
10 disposition of supervision was for a violation of Sections
11 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
12 Vehicle Code or a similar provision of a local ordinance, or
13 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
14 Code of 1961, in which case it shall be 5 years after
15 discharge and dismissal, a person may have his record of
16 arrest sealed or expunged as may be provided by law.
17 However, any defendant placed on supervision before January
18 1, 1980, may move for sealing or expungement of his arrest
19 record, as provided by law, at any time after discharge and
20 dismissal under this Section. A person placed on supervision
21 for a sexual offense committed against a minor as defined in
22 subsection (g) of Section 5 of the Criminal Identification
23 Act or for a violation of Section 11-501 of the Illinois
24 Vehicle Code or a similar provision of a local ordinance
25 shall not have his or her record of arrest sealed or
26 expunged.
27 (g) A defendant placed on supervision and who during the
28 period of supervision undergoes mandatory drug or alcohol
29 testing, or both, or is assigned to be placed on an approved
30 electronic monitoring device, shall be ordered to pay the
31 costs incidental to such mandatory drug or alcohol testing,
32 or both, and costs incidental to such approved electronic
33 monitoring in accordance with the defendant's ability to pay
34 those costs. The county board with the concurrence of the
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1 Chief Judge of the judicial circuit in which the county is
2 located shall establish reasonable fees for the cost of
3 maintenance, testing, and incidental expenses related to the
4 mandatory drug or alcohol testing, or both, and all costs
5 incidental to approved electronic monitoring, of all
6 defendants placed on supervision. The concurrence of the
7 Chief Judge shall be in the form of an administrative order.
8 The fees shall be collected by the clerk of the circuit
9 court. The clerk of the circuit court shall pay all moneys
10 collected from these fees to the county treasurer who shall
11 use the moneys collected to defray the costs of drug testing,
12 alcohol testing, and electronic monitoring. The county
13 treasurer shall deposit the fees collected in the county
14 working cash fund under Section 6-27001 or Section 6-29002 of
15 the Counties Code, as the case may be.
16 (h) A disposition of supervision is a final order for
17 the purposes of appeal.
18 (i) The court shall impose upon a defendant placed on
19 supervision after January 1, 1992, as a condition of
20 supervision, a fee of $25 for each month of supervision
21 ordered by the court, unless after determining the inability
22 of the person placed on supervision to pay the fee, the court
23 assesses a lesser fee. The court may not impose the fee on a
24 minor who is made a ward of the State under the Juvenile
25 Court Act of 1987 while the minor is in placement. The fee
26 shall be imposed only upon a defendant who is actively
27 supervised by the probation and court services department.
28 The fee shall be collected by the clerk of the circuit court.
29 The clerk of the circuit court shall pay all monies collected
30 from this fee to the county treasurer for deposit in the
31 probation and court services fund pursuant to Section 15.1 of
32 the Probation and Probation Officers Act.
33 (j) All fines and costs imposed under this Section for
34 any violation of Chapters 3, 4, 6, and 11 of the Illinois
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1 Vehicle Code, or a similar provision of a local ordinance,
2 and any violation of the Child Passenger Protection Act, or a
3 similar provision of a local ordinance, shall be collected
4 and disbursed by the circuit clerk as provided under Section
5 27.5 of the Clerks of Courts Act.
6 (k) A defendant at least 17 years of age who is placed
7 on supervision for a misdemeanor in a county of 3,000,000 or
8 more inhabitants and who has not been previously convicted of
9 a misdemeanor or felony may as a condition of his or her
10 supervision be required by the court to attend educational
11 courses designed to prepare the defendant for a high school
12 diploma and to work toward a high school diploma or to work
13 toward passing the high school level Test of General
14 Educational Development (GED) or to work toward completing a
15 vocational training program approved by the court. The
16 defendant placed on supervision must attend a public
17 institution of education to obtain the educational or
18 vocational training required by this subsection (k). The
19 defendant placed on supervision shall be required to pay for
20 the cost of the educational courses or GED test, if a fee is
21 charged for those courses or test. The court shall revoke
22 the supervision of a person who wilfully fails to comply with
23 this subsection (k). The court shall resentence the
24 defendant upon revocation of supervision as provided in
25 Section 5-6-4. This subsection (k) does not apply to a
26 defendant who has a high school diploma or has successfully
27 passed the GED test. This subsection (k) does not apply to a
28 defendant who is determined by the court to be
29 developmentally disabled or otherwise mentally incapable of
30 completing the educational or vocational program.
31 (l) The court shall require a defendant placed on
32 supervision for possession of a substance prohibited by the
33 Cannabis Control Act or Illinois Controlled Substances Act
34 after a previous conviction or disposition of supervision for
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1 possession of a substance prohibited by the Cannabis Control
2 Act or Illinois Controlled Substances Act or a sentence of
3 probation under Section 10 of the Cannabis Control Act or
4 Section 410 of the Illinois Controlled Substances Act and
5 after a finding by the court that the person is addicted, to
6 undergo treatment at a substance abuse program approved by
7 the court.
8 (m) The court shall require a defendant placed on
9 supervision for a violation of Section 3-707 of the Illinois
10 Vehicle Code or a similar provision of a local ordinance, as
11 a condition of supervision, to give proof of his or her
12 financial responsibility as defined in Section 7-315 of the
13 Illinois Vehicle Code. The proof shall be maintained by the
14 defendant in a manner satisfactory to the Secretary of State
15 for a minimum period of one year after the date the proof is
16 first filed. The Secretary of State shall suspend the
17 driver's license of any person determined by the Secretary to
18 be in violation of this subsection.
19 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
20 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
21 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
22 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 1-1-99.)
23 Section 95. No acceleration or delay. Where this Act
24 makes changes in a statute that is represented in this Act by
25 text that is not yet or no longer in effect (for example, a
26 Section represented by multiple versions), the use of that
27 text does not accelerate or delay the taking effect of (i)
28 the changes made by this Act or (ii) provisions derived from
29 any other Public Act.