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91_HB4151
LRB9112111DJcdA
1 AN ACT to amend certain Acts in relation to the use of
2 motor vehicles.
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 Sec. 5. Arrest reports; expungement.
9 (a) All policing bodies of this State shall furnish to
10 the Department, daily, in the form and detail the Department
11 requires, fingerprints and descriptions of all persons who
12 are arrested on charges of violating any penal statute of
13 this State for offenses that are classified as felonies and
14 Class A or B misdemeanors and of all minors of the age of 10
15 and over who have been arrested for an offense which would be
16 a felony if committed by an adult, and may forward such
17 fingerprints and descriptions for minors arrested for Class A
18 or B misdemeanors. Moving or nonmoving traffic violations
19 under the Illinois Vehicle Code shall not be reported except
20 for violations of Chapter 4, Section 6-303, Section 11-204.1,
21 Section 11-401, or Section 11-501 of that Code. In addition,
22 conservation offenses, as defined in the Supreme Court Rule
23 501(c), that are classified as Class B misdemeanors shall not
24 be reported.
25 Whenever an adult or minor prosecuted as an adult, not
26 having previously been convicted of any criminal offense or
27 municipal ordinance violation, charged with a violation of a
28 municipal ordinance or a felony or misdemeanor, is acquitted
29 or released without being convicted, whether the acquittal or
30 release occurred before, on, or after the effective date of
31 this amendatory Act of 1991, the Chief Judge of the circuit
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1 wherein the charge was brought, any judge of that circuit
2 designated by the Chief Judge, or in counties of less than
3 3,000,000 inhabitants, the presiding trial judge at the
4 defendant's trial may upon verified petition of the defendant
5 order the record of arrest expunged from the official records
6 of the arresting authority and the Department and order that
7 the records of the clerk of the circuit court be sealed until
8 further order of the court upon good cause shown and the name
9 of the defendant obliterated on the official index required
10 to be kept by the circuit court clerk under Section 16 of the
11 Clerks of Courts Act, but the order shall not affect any
12 index issued by the circuit court clerk before the entry of
13 the order. The Department may charge the petitioner a fee
14 equivalent to the cost of processing any order to expunge or
15 seal the records, and the fee shall be deposited into the
16 State Police Services Fund. The records of those arrests,
17 however, that result in a disposition of supervision for any
18 offense shall not be expunged from the records of the
19 arresting authority or the Department nor impounded by the
20 court until 2 years after discharge and dismissal of
21 supervision. Those records that result from a supervision
22 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
23 11-503 of the Illinois Vehicle Code or a similar provision of
24 a local ordinance, or for a violation of Section 12-3.2,
25 12-15 or 16A-3 of the Criminal Code of 1961, or probation
26 under Section 10 of the Cannabis Control Act, Section 410 of
27 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
28 and (2) of the Criminal Code of 1961 (as those provisions
29 existed before their deletion by Public Act 89-313), Section
30 10-102 of the Illinois Alcoholism and Other Drug Dependency
31 Act when the judgment of conviction has been vacated, Section
32 40-10 of the Alcoholism and Other Drug Abuse and Dependency
33 Act when the judgment of conviction has been vacated, or
34 Section 10 of the Steroid Control Act shall not be expunged
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1 from the records of the arresting authority nor impounded by
2 the court until 5 years after termination of probation or
3 supervision. Those records that result from a supervision
4 for a violation of Section 11-501 of the Illinois Vehicle
5 Code or a similar provision of a local ordinance, shall not
6 be expunged. All records set out above may be ordered by the
7 court to be expunged from the records of the arresting
8 authority and impounded by the court after 5 years, but shall
9 not be expunged by the Department, but shall, on court order
10 be sealed by the Department and may be disseminated by the
11 Department only as required by law or to the arresting
12 authority, the State's Attorney, and the court upon a later
13 arrest for the same or a similar offense or for the purpose
14 of sentencing for any subsequent felony. Upon conviction for
15 any offense, the Department of Corrections shall have access
16 to all sealed records of the Department pertaining to that
17 individual.
18 (a-5) Those records maintained by the Department for
19 persons arrested prior to their 17th birthday shall be
20 expunged as provided in Section 5-915 of the Juvenile Court
21 Act of 1987.
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 has name. The records of the clerk of the circuit court
5 clerk shall be sealed until further order of the court upon
6 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 Attorney, and the court upon a later
7 arrest for the same or similar offense or for the purpose of
8 sentencing for any subsequent felony. Upon conviction for
9 any subsequent offense, the Department of Corrections shall
10 have access to all sealed records of the Department
11 pertaining to that individual. Upon entry of the order of
12 expungement, the clerk of the circuit court shall promptly
13 mail a copy of the order to the person who was pardoned.
14 (c-5) Whenever a person has been convicted of criminal
15 sexual assault, aggravated criminal sexual assault, predatory
16 criminal sexual assault of a child, criminal sexual abuse, or
17 aggravated criminal sexual abuse, the victim of that offense
18 may request that the State's Attorney of the county in which
19 the conviction occurred file a verified petition with the
20 presiding trial judge at the defendant's trial to have a
21 court order entered to seal the records of the clerk of the
22 circuit court in connection with the proceedings of the trial
23 court concerning that offense. However, the records of the
24 arresting authority and the Department of State Police
25 concerning the offense shall not be sealed. The court, upon
26 good cause shown, shall make the records of the clerk of the
27 circuit court in connection with the proceedings of the trial
28 court concerning the offense available for public inspection.
29 (d) Notice of the petition for subsections (a), (b), and
30 (c) shall be served upon the State's Attorney or prosecutor
31 charged with the duty of prosecuting the offense, the
32 Department of State Police, the arresting agency and the
33 chief legal officer of the unit of local government affecting
34 the arrest. Unless the State's Attorney or prosecutor, the
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1 Department of State Police, the arresting agency or such
2 chief legal officer objects to the petition within 30 days
3 from the date of the notice, the court shall enter an order
4 granting or denying the petition. The clerk of the court
5 shall promptly mail a copy of the order to the person, the
6 arresting agency, the prosecutor, the Department of State
7 Police and such other criminal justice agencies as may be
8 ordered by the judge.
9 (e) Nothing herein shall prevent the Department of State
10 Police from maintaining all records of any person who is
11 admitted to probation upon terms and conditions and who
12 fulfills those terms and conditions pursuant to Section 10 of
13 the Cannabis Control Act, Section 410 of the Illinois
14 Controlled Substances Act, Section 12-4.3 of the Criminal
15 Code of 1961, Section 10-102 of the Illinois Alcoholism and
16 Other Drug Dependency Act, Section 40-10 of the Alcoholism
17 and Other Drug Abuse and Dependency Act, or Section 10 of the
18 Steroid Control Act.
19 (f) No court order issued pursuant to the expungement
20 provisions of this Section shall become final for purposes of
21 appeal until 30 days after notice is received by the
22 Department. Any court order contrary to the provisions of
23 this Section is void.
24 (g) Except as otherwise provided in subsection (c-5) of
25 this Section, the court shall not order the sealing or
26 expungement of the arrest records and records of the circuit
27 court clerk of any person granted supervision for or
28 convicted of any sexual offense committed against a minor
29 under 18 years of age. For the purposes of this Section,
30 "sexual offense committed against a minor" includes but is
31 not limited to the offenses of indecent solicitation of a
32 child or criminal sexual abuse when the victim of such
33 offense is under 18 years of age.
34 (Source: P.A. 90-590, eff. 1-1-00; 91-295, eff. 1-1-00;
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1 91-357, eff. 7-29-99.)
2 Section 10. The Illinois Vehicle Code is amended by
3 changing Section 11-503 as follows:
4 (625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)
5 Sec. 11-503. Reckless driving; aggravated reckless
6 driving.
7 (a) Any person who drives any vehicle:
8 (1) at a speed greater than 40 miles per hour in
9 excess of the applicable statutory maximum speed limit
10 established by paragraph (c), (d), (e), (f), or (g) of
11 Section 11-601, by Section 11-605, or by a local
12 regulation or ordinance made under this Chapter; or
13 (2) with a willful or wanton disregard for the
14 safety of persons or property
15 is guilty of reckless driving.
16 (a-5) Upon the trial of any civil or criminal action or
17 proceeding arising out of acts alleged to have been committed
18 by any person driving a vehicle, evidence that within a
19 3-mile distance the driver committed, either alone or in
20 combination with another such violation, 3 violations of
21 subsection (b) of Section 11-601, subsection (a) or (b) of
22 Section 11-605, or Section 11-701, 11-703, 1-704, 11-705,
23 11-706, 11-707, 11-709.1, 11-710, or 11-804 of this Code, or
24 any similar provisions of a local ordinance, shall give rise
25 to a presumption that the vehicle was being operated with
26 willful or wanton disregard for the safety of persons or
27 property. The presumption shall not be conclusive but shall
28 be considered together with all other evidence in determining
29 whether a violation occurred.
30 (b) Every person convicted of reckless driving shall be
31 guilty of a Class A misdemeanor, except as provided under
32 subsection (c) of this Section.
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1 (c) Every person convicted of committing a violation of
2 subsection (a) shall be guilty of aggravated reckless driving
3 if the violation results in great bodily harm or permanent
4 disability or disfigurement to another. Aggravated reckless
5 driving is a Class 4 felony.
6 (Source: P.A. 88-679, eff. 7-1-95.)
7 (625 ILCS 5/11-601.5 rep.)
8 Section 11. The Illinois Vehicle Code is amended by
9 repealing Section 11-601.5.
10 Section 15. The Crime Victims Compensation Act is
11 amended by changing Section 2 as follows:
12 (740 ILCS 45/2) (from Ch. 70, par. 72)
13 Sec. 2. Definitions. As used in this Act, unless the
14 context otherwise requires:
15 (a) "Applicant" means any person who applies for
16 compensation under this Act or any person the Court of Claims
17 finds is entitled to compensation, including the guardian of
18 a minor or of a person under legal disability. It includes
19 any person who was a dependent of a deceased victim of a
20 crime of violence for his or her support at the time of the
21 death of that victim.
22 (b) "Court of Claims" means the Court of Claims created
23 by the Court of Claims Act.
24 (c) "Crime of violence" means and includes any offense
25 defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11,
26 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-4,
27 12-4.1, 12-4.2, 12-4.3, 12-5, 12-13, 12-14, 12-14.1, 12-15,
28 12-16, 12-30, 20-1 or 20-1.1 of the Criminal Code of 1961,
29 and driving under the influence of intoxicating liquor or
30 narcotic drugs as defined in Section 11-501 of the Illinois
31 Vehicle Code, and leaving the scene of an accident resulting
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1 in personal injury or death as described in either subsection
2 (a) or subsection (b) of Section 11-401 of the Illinois
3 Vehicle Code, if none of the said offenses occurred during a
4 civil riot, insurrection or rebellion. "Crime of violence"
5 does not include any other offense or accident involving a
6 motor vehicle except those vehicle offenses specifically
7 provided for in this paragraph. "Crime of violence" does
8 include all of the offenses specifically provided for in this
9 paragraph that occur within this State but are subject to
10 federal jurisdiction and crimes involving terrorism as
11 defined in 18 U.S.C. 2331.
12 (d) "Victim" means (1) a person killed or injured in
13 this State as a result of a crime of violence perpetrated or
14 attempted against him or her, (2) the parent of a child
15 killed or injured in this State as a result of a crime of
16 violence perpetrated or attempted against the child, (3) a
17 person killed or injured in this State while attempting to
18 assist a person against whom a crime of violence is being
19 perpetrated or attempted, if that attempt of assistance would
20 be expected of a reasonable man under the circumstances, (4)
21 a person killed or injured in this State while assisting a
22 law enforcement official apprehend a person who has
23 perpetrated a crime of violence or prevent the perpetration
24 of any such crime if that assistance was in response to the
25 express request of the law enforcement official, (5) a person
26 under the age of 18 who personally witnessed a violent crime
27 perpetrated or attempted against a relative, (5.1) solely for
28 the purpose of compensating for pecuniary loss incurred for
29 psychological treatment of a mental or emotional condition
30 caused or aggravated by the crime, any other person under the
31 age of 18 who is the brother, sister, half brother, half
32 sister, or child of a person killed or injured in this State
33 as a result of a crime of violence, or (6) an Illinois
34 resident who is a victim of a "crime of violence" as defined
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1 in this Act except, if the crime occurred outside this State,
2 the resident has the same rights under this Act as if the
3 crime had occurred in this State upon a showing that the
4 state, territory, country, or political subdivision of a
5 country in which the crime occurred does not have a
6 compensation of victims of crimes law for which that Illinois
7 resident is eligible.
8 (e) "Dependent" means a relative of a deceased victim
9 who was wholly or partially dependent upon the victim's
10 income at the time of his or her death and shall include the
11 child of a victim born after his or her death.
12 (f) "Relative" means a spouse, parent, grandparent,
13 stepfather, stepmother, child, grandchild, brother,
14 brother-in-law, sister, sister-in-law, half brother, half
15 sister, spouse's parent, nephew, niece, uncle or aunt.
16 (g) "Child" means an unmarried son or daughter who is
17 under 18 years of age and includes a stepchild, an adopted
18 child or an illegitimate child.
19 (h) "Pecuniary loss" means, in the case of injury,
20 appropriate medical expenses and hospital expenses including
21 expenses of medical examinations, rehabilitation, medically
22 required nursing care expenses, appropriate psychiatric care
23 or psychiatric counseling expenses, expenses for care or
24 counseling by a licensed clinical psychologist or licensed
25 clinical social worker and expenses for treatment by
26 Christian Science practitioners and nursing care appropriate
27 thereto; prosthetic appliances, eyeglasses, and hearing aids
28 necessary or damaged as a result of the crime; the purchase,
29 lease, or rental of equipment necessary to create usability
30 of and accessibility to the victim's real and personal
31 property, or the real and personal property which is used by
32 the victim, necessary as a result of the crime; replacement
33 services loss, to a maximum of $1000 per month; dependents
34 replacement services loss, to a maximum of $1000 per month;
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1 loss of tuition paid to attend grammar school or high school
2 when the victim had been enrolled as a full-time student
3 prior to the injury, or college or graduate school when the
4 victim had been enrolled as a full-time day or night student
5 prior to the injury when the victim becomes unable to
6 continue attendance at school as a result of the crime of
7 violence perpetrated against him or her; loss of earnings,
8 loss of future earnings because of disability resulting from
9 the injury, and, in addition, in the case of death, funeral
10 and burial expenses to a maximum of $5,000 and loss of
11 support of the dependents of the victim. Loss of future
12 earnings shall be reduced by any income from substitute work
13 actually performed by the victim or by income he or she would
14 have earned in available appropriate substitute work he or
15 she was capable of performing but unreasonably failed to
16 undertake. Loss of earnings, loss of future earnings and
17 loss of support shall be determined on the basis of the
18 victim's average net monthly earnings for the 6 months
19 immediately preceding the date of the injury or on $1000 per
20 month, whichever is less. If a divorced or legally separated
21 applicant is claiming loss of support for a minor child of
22 the deceased, the amount of support for each child shall be
23 based either on the amount of support the minor child
24 received pursuant to the judgment for the 6 months prior to
25 the date of the deceased victim's injury or death, or, if the
26 subject of pending litigation filed by or on behalf of the
27 divorced or legally separated applicant prior to the injury
28 or death, on the result of that litigation. Real and
29 personal property includes, but is not limited to, vehicles,
30 houses, apartments, town houses, or condominiums. Pecuniary
31 loss does not include pain and suffering or property loss or
32 damage.
33 (i) "Replacement services loss" means expenses
34 reasonably incurred in obtaining ordinary and necessary
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1 services in lieu of those the permanently injured person
2 would have performed, not for income, but for the benefit of
3 himself or herself or his or her family, if he or she had not
4 been permanently injured.
5 (j) "Dependents replacement services loss" means loss
6 reasonably incurred by dependents after a victim's death in
7 obtaining ordinary and necessary services in lieu of those
8 the victim would have performed, not for income, but for
9 their benefit, if he or she had not been fatally injured.
10 (Source: P.A. 90-136, eff. 1-1-98; 90-492, eff. 8-17-97;
11 90-655, eff. 7-30-98; 90-708, eff. 8-7-98; 91-258, eff.
12 1-1-00; 91-445, eff. 1-1-00; revised 10-14-99.)