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91_SB0943eng SB943 Engrossed LRB9106126RCks 1 AN ACT concerning sex offenses. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Identification Act is amended by 5 changing Section 5 as follows: 6 (20 ILCS 2630/5) (from Ch. 38, par. 206-5) 7 (Text of Section before amendment by P.A. 90-590) 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 who have been 15 arrested or taken into custody before their 17th birthday for 16 an offense that if committed by an adult would constitute the 17 offense of unlawful use of weapons under Article 24 of the 18 Criminal Code of 1961, a forcible felony as defined in 19 Section 2-8 of the Criminal Code of 1961, or a Class 2 or 20 greater felony under the Cannabis Control Act, the Illinois 21 Controlled Substances Act, or Chapter 4 of the Illinois 22 Vehicle Code. Moving or nonmoving traffic violations under 23 the Illinois Vehicle Code shall not be reported except for 24 violations of Chapter 4, Section 11-204.1, or Section 11-501 25 of that Code. In addition, conservation offenses, as defined 26 in the Supreme Court Rule 501(c), that are classified as 27 Class B misdemeanors shall not be reported. 28 Whenever an adult or minor prosecuted as an adult, not 29 having previously been convicted of any criminal offense or 30 municipal ordinance violation, charged with a violation of a 31 municipal ordinance or a felony or misdemeanor, is acquitted SB943 Engrossed -2- LRB9106126RCks 1 or released without being convicted, whether the acquittal or 2 release occurred before, on, or after the effective date of 3 this amendatory Act of 1991, the Chief Judge of the circuit 4 wherein the charge was brought, any judge of that circuit 5 designated by the Chief Judge, or in counties of less than 6 3,000,000 inhabitants, the presiding trial judge at the 7 defendant's trial may upon verified petition of the defendant 8 order the record of arrest expunged from the official records 9 of the arresting authority and the Department and order that 10 the records of the clerk of the circuit court be sealed until 11 further order of the court upon good cause shown and the name 12 of the defendant obliterated on the official index required 13 to be kept by the circuit court clerk under Section 16 of the 14 Clerks of Courts Act, but the order shall not affect any 15 index issued by the circuit court clerk before the entry of 16 the order. The Department may charge the petitioner a fee 17 equivalent to the cost of processing any order to expunge or 18 seal the records, and the fee shall be deposited into the 19 State Police Services Fund. The records of those arrests, 20 however, that result in a disposition of supervision for any 21 offense shall not be expunged from the records of the 22 arresting authority or the Department nor impounded by the 23 court until 2 years after discharge and dismissal of 24 supervision. Those records that result from a supervision 25 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or 26 11-503 of the Illinois Vehicle Code or a similar provision of 27 a local ordinance, or for a violation of Section 12-3.2, 28 12-15 or 16A-3 of the Criminal Code of 1961, or probation 29 under Section 10 of the Cannabis Control Act, Section 410 of 30 the Illinois Controlled Substances Act, Section 12-4.3(b)(1) 31 and (2) of the Criminal Code of 1961 (as those provisions 32 existed before their deletion by Public Act 89-313), Section 33 10-102 of the Illinois Alcoholism and Other Drug Dependency 34 Act when the judgment of conviction has been vacated, Section SB943 Engrossed -3- LRB9106126RCks 1 40-10 of the Alcoholism and Other Drug Abuse and Dependency 2 Act when the judgment of conviction has been vacated, or 3 Section 10 of the Steroid Control Act shall not be expunged 4 from the records of the arresting authority nor impounded by 5 the court until 5 years after termination of probation or 6 supervision. Those records that result from a supervision for 7 a violation of Section 11-501 of the Illinois Vehicle Code or 8 a similar provision of a local ordinance, shall not be 9 expunged. All records set out above may be ordered by the 10 court to be expunged from the records of the arresting 11 authority and impounded by the court after 5 years, but shall 12 not be expunged by the Department, but shall, on court order 13 be sealed by the Department and may be disseminated by the 14 Department only as required by law or to the arresting 15 authority, the State's Attorney, and the court upon a later 16 arrest for the same or a similar offense or for the purpose 17 of sentencing for any subsequent felony. Upon conviction for 18 any offense, the Department of Corrections shall have access 19 to all sealed records of the Department pertaining to that 20 individual. 21 (b) Whenever a person has been convicted of a crime or 22 of the violation of a municipal ordinance, in the name of a 23 person whose identity he has stolen or otherwise come into 24 possession of, the aggrieved person from whom the identity 25 was stolen or otherwise obtained without authorization, upon 26 learning of the person having been arrested using his 27 identity, may, upon verified petition to the chief judge of 28 the circuit wherein the arrest was made, have a court order 29 entered nunc pro tunc by the chief judge to correct the 30 arrest record, conviction record, if any, and all official 31 records of the arresting authority, the Department, other 32 criminal justice agencies, the prosecutor, and the trial 33 court concerning such arrest, if any, by removing his name 34 from all such records in connection with the arrest and SB943 Engrossed -4- LRB9106126RCks 1 conviction, if any, and by inserting in the records the name 2 of the offender, if known or ascertainable, in lieu of the 3 aggrieved's name. The records of the clerk of the circuit 4 court clerk shall be sealed until further order of the court 5 upon good cause shown and the name of the aggrieved person 6 obliterated on the official index required to be kept by the 7 circuit court clerk under Section 16 of the Clerks of Courts 8 Act, but the order shall not affect any index issued by the 9 circuit court clerk before the entry of the order. Nothing in 10 this Section shall limit the Department of State Police or 11 other criminal justice agencies or prosecutors from listing 12 under an offender's name the false names he or she has used. 13 For purposes of this Section, convictions for moving and 14 nonmoving traffic violations other than convictions for 15 violations of Chapter 4, Section 11-204.1 or Section 11-501 16 of the Illinois Vehicle Code shall not be a bar to expunging 17 the record of arrest and court records for violation of a 18 misdemeanor or municipal ordinance. 19 (c) Whenever a person who has been convicted of an 20 offense is granted a pardon by the Governor which 21 specifically authorizes expungement, he may, upon verified 22 petition to the chief judge of the circuit where the person 23 had been convicted, any judge of the circuit designated by 24 the Chief Judge, or in counties of less than 3,000,000 25 inhabitants, the presiding trial judge at the defendant's 26 trial, may have a court order entered expunging the record of 27 arrest from the official records of the arresting authority 28 and order that the records of the clerk of the circuit court 29 and the Department be sealed until further order of the court 30 upon good cause shown or as otherwise provided herein, and 31 the name of the defendant obliterated from the official index 32 requested to be kept by the circuit court clerk under Section 33 16 of the Clerks of Courts Act in connection with the arrest 34 and conviction for the offense for which he had been pardoned SB943 Engrossed -5- LRB9106126RCks 1 but the order shall not affect any index issued by the 2 circuit court clerk before the entry of the order. All 3 records sealed by the Department may be disseminated by the 4 Department only as required by law or to the arresting 5 authority, the State'sStatesAttorney, and the court upon a 6 later arrest for the same or similar offense or for the 7 purpose of sentencing for any subsequent felony. Upon 8 conviction for any subsequent offense, the Department of 9 Corrections shall have access to all sealed records of the 10 Department pertaining to that individual. Upon entry of the 11 order of expungement, the clerk of the circuit court shall 12 promptly mail a copy of the order to the person who was 13 pardoned. 14 (d) Notice of the petition for subsections (a), (b), and 15 (c) shall be served upon the State's Attorney or prosecutor 16 charged with the duty of prosecuting the offense, the 17 Department of State Police, the arresting agency and the 18 chief legal officer of the unit of local government affecting 19 the arrest. Unless the State's Attorney or prosecutor, the 20 Department of State Police, the arresting agency or such 21 chief legal officer objects to the petition within 30 days 22 from the date of the notice, the court shall enter an order 23 granting or denying the petition. The clerk of the court 24 shall promptly mail a copy of the order to the person, the 25 arresting agency, the prosecutor, the Department of State 26 Police and such other criminal justice agencies as may be 27 ordered by the judge. 28 (e) Nothing herein shall prevent the Department of State 29 Police from maintaining all records of any person who is 30 admitted to probation upon terms and conditions and who 31 fulfills those terms and conditions pursuant to Section 10 of 32 the Cannabis Control Act, Section 410 of the Illinois 33 Controlled Substances Act, Section 12-4.3 of the Criminal 34 Code of 1961, Section 10-102 of the Illinois Alcoholism and SB943 Engrossed -6- LRB9106126RCks 1 Other Drug Dependency Act, Section 40-10 of the Alcoholism 2 and Other Drug Abuse and Dependency Act, or Section 10 of the 3 Steroid Control Act. 4 (f) No court order issued pursuant to the expungement 5 provisions of this Section shall become final for purposes of 6 appeal until 30 days after notice is received by the 7 Department. Any court order contrary to the provisions of 8 this Section is void. 9 The court shall not order the sealing or expungement of 10 the arrest records and records of the circuit court clerk of 11 any person granted supervision for or convicted of any sexual 12 offense committed against a minor under 18 years of age. For 13 the purposes of this Section, "sexual offense committed 14 against a minor" includes but is not limited to the offenses 15 of indecent solicitation of a child or criminal sexual abuse 16 when the victim of such offense is under 18 years of age. 17 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679, 18 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.) 19 (Text of Section after amendment by P.A. 90-590) 20 Sec. 5. Arrest reports; expungement. 21 (a) All policing bodies of this State shall furnish to 22 the Department, daily, in the form and detail the Department 23 requires, fingerprints and descriptions of all persons who 24 are arrested on charges of violating any penal statute of 25 this State for offenses that are classified as felonies and 26 Class A or B misdemeanors and of all minors of the age of 10 27 and over who have been arrested for an offense which would be 28 a felony if committed by an adult, and may forward such 29 fingerprints and descriptions for minors arrested for Class A 30 or B misdemeanors. Moving or nonmoving traffic violations 31 under the Illinois Vehicle Code shall not be reported except 32 for violations of Chapter 4, Section 11-204.1, or Section 33 11-501 of that Code. In addition, conservation offenses, as 34 defined in the Supreme Court Rule 501(c), that are classified SB943 Engrossed -7- LRB9106126RCks 1 as Class B misdemeanors shall not be reported. 2 Whenever an adult or minor prosecuted as an adult, not 3 having previously been convicted of any criminal offense or 4 municipal ordinance violation, charged with a violation of a 5 municipal ordinance or a felony or misdemeanor, is acquitted 6 or released without being convicted, whether the acquittal or 7 release occurred before, on, or after the effective date of 8 this amendatory Act of 1991, the Chief Judge of the circuit 9 wherein the charge was brought, any judge of that circuit 10 designated by the Chief Judge, or in counties of less than 11 3,000,000 inhabitants, the presiding trial judge at the 12 defendant's trial may upon verified petition of the defendant 13 order the record of arrest expunged from the official records 14 of the arresting authority and the Department and order that 15 the records of the clerk of the circuit court be sealed until 16 further order of the court upon good cause shown and the name 17 of the defendant obliterated on the official index required 18 to be kept by the circuit court clerk under Section 16 of the 19 Clerks of Courts Act, but the order shall not affect any 20 index issued by the circuit court clerk before the entry of 21 the order. The Department may charge the petitioner a fee 22 equivalent to the cost of processing any order to expunge or 23 seal the records, and the fee shall be deposited into the 24 State Police Services Fund. The records of those arrests, 25 however, that result in a disposition of supervision for any 26 offense shall not be expunged from the records of the 27 arresting authority or the Department nor impounded by the 28 court until 2 years after discharge and dismissal of 29 supervision. Those records that result from a supervision 30 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or 31 11-503 of the Illinois Vehicle Code or a similar provision of 32 a local ordinance, or for a violation of Section 12-3.2, 33 12-15 or 16A-3 of the Criminal Code of 1961, or probation 34 under Section 10 of the Cannabis Control Act, Section 410 of SB943 Engrossed -8- LRB9106126RCks 1 the Illinois Controlled Substances Act, Section 12-4.3(b)(1) 2 and (2) of the Criminal Code of 1961 (as those provisions 3 existed before their deletion by Public Act 89-313), Section 4 10-102 of the Illinois Alcoholism and Other Drug Dependency 5 Act when the judgment of conviction has been vacated, Section 6 40-10 of the Alcoholism and Other Drug Abuse and Dependency 7 Act when the judgment of conviction has been vacated, or 8 Section 10 of the Steroid Control Act shall not be expunged 9 from the records of the arresting authority nor impounded by 10 the court until 5 years after termination of probation or 11 supervision. Those records that result from a supervision 12 for a violation of Section 11-501 of the Illinois Vehicle 13 Code or a similar provision of a local ordinance, shall not 14 be expunged. All records set out above may be ordered by the 15 court to be expunged from the records of the arresting 16 authority and impounded by the court after 5 years, but shall 17 not be expunged by the Department, but shall, on court order 18 be sealed by the Department and may be disseminated by the 19 Department only as required by law or to the arresting 20 authority, the State's Attorney, and the court upon a later 21 arrest for the same or a similar offense or for the purpose 22 of sentencing for any subsequent felony. Upon conviction for 23 any offense, the Department of Corrections shall have access 24 to all sealed records of the Department pertaining to that 25 individual. 26 (a-5) Those records maintained by the Department for 27 persons arrested prior to their 17th birthday shall be 28 expunged as provided in Section 5-915 of the Juvenile Court 29 Act of 1987. 30 (b) Whenever a person has been convicted of a crime or 31 of the violation of a municipal ordinance, in the name of a 32 person whose identity he has stolen or otherwise come into 33 possession of, the aggrieved person from whom the identity 34 was stolen or otherwise obtained without authorization, upon SB943 Engrossed -9- LRB9106126RCks 1 learning of the person having been arrested using his 2 identity, may, upon verified petition to the chief judge of 3 the circuit wherein the arrest was made, have a court order 4 entered nunc pro tunc by the chief judge to correct the 5 arrest record, conviction record, if any, and all official 6 records of the arresting authority, the Department, other 7 criminal justice agencies, the prosecutor, and the trial 8 court concerning such arrest, if any, by removing his name 9 from all such records in connection with the arrest and 10 conviction, if any, and by inserting in the records the name 11 of the offender, if known or ascertainable, in lieu of the 12 has name. The records of the clerk of the circuit court 13 clerk shall be sealed until further order of the court upon 14 good cause shown and the name of the aggrieved person 15 obliterated on the official index required to be kept by the 16 circuit court clerk under Section 16 of the Clerks of Courts 17 Act, but the order shall not affect any index issued by the 18 circuit court clerk before the entry of the order. Nothing in 19 this Section shall limit the Department of State Police or 20 other criminal justice agencies or prosecutors from listing 21 under an offender's name the false names he or she has used. 22 For purposes of this Section, convictions for moving and 23 nonmoving traffic violations other than convictions for 24 violations of Chapter 4, Section 11-204.1 or Section 11-501 25 of the Illinois Vehicle Code shall not be a bar to expunging 26 the record of arrest and court records for violation of a 27 misdemeanor or municipal ordinance. 28 (c) Whenever a person who has been convicted of an 29 offense is granted a pardon by the Governor which 30 specifically authorizes expungement, he may, upon verified 31 petition to the chief judge of the circuit where the person 32 had been convicted, any judge of the circuit designated by 33 the Chief Judge, or in counties of less than 3,000,000 34 inhabitants, the presiding trial judge at the defendant's SB943 Engrossed -10- LRB9106126RCks 1 trial, may have a court order entered expunging the record of 2 arrest from the official records of the arresting authority 3 and order that the records of the clerk of the circuit court 4 and the Department be sealed until further order of the court 5 upon good cause shown or as otherwise provided herein, and 6 the name of the defendant obliterated from the official index 7 requested to be kept by the circuit court clerk under Section 8 16 of the Clerks of Courts Act in connection with the arrest 9 and conviction for the offense for which he had been pardoned 10 but the order shall not affect any index issued by the 11 circuit court clerk before the entry of the order. All 12 records sealed by the Department may be disseminated by the 13 Department only as required by law or to the arresting 14 authority, the State'sStatesAttorney, and the court upon a 15 later arrest for the same or similar offense or for the 16 purpose of sentencing for any subsequent felony. Upon 17 conviction for any subsequent offense, the Department of 18 Corrections shall have access to all sealed records of the 19 Department pertaining to that individual. Upon entry of the 20 order of expungement, the clerk of the circuit court shall 21 promptly mail a copy of the order to the person who was 22 pardoned. 23 (c-5) Whenever a person has been convicted of criminal 24 sexual assault, aggravated criminal sexual assault, predatory 25 criminal sexual assault of a child, criminal sexual abuse, or 26 aggravated criminal sexual abuse, the victim of that offense 27 may request that the State's Attorney of the county in which 28 the conviction occurred file a verified petition with the 29 presiding trial judge at the defendant's trial to have a 30 court order entered to seal the records of the clerk of the 31 circuit court in connection with the proceedings of the trial 32 court concerning that offense. However, the records of the 33 arresting authority and the Department of State Police 34 concerning the offense shall not be sealed. The court, upon SB943 Engrossed -11- LRB9106126RCks 1 good cause shown, shall make the records of the clerk of the 2 circuit court in connection with the proceedings of the trial 3 court concerning the offense available for public inspection. 4 5 (d) Notice of the petition for subsections (a), (b), and 6 (c) shall be served upon the State's Attorney or prosecutor 7 charged with the duty of prosecuting the offense, the 8 Department of State Police, the arresting agency and the 9 chief legal officer of the unit of local government affecting 10 the arrest. Unless the State's Attorney or prosecutor, the 11 Department of State Police, the arresting agency or such 12 chief legal officer objects to the petition within 30 days 13 from the date of the notice, the court shall enter an order 14 granting or denying the petition. The clerk of the court 15 shall promptly mail a copy of the order to the person, the 16 arresting agency, the prosecutor, the Department of State 17 Police and such other criminal justice agencies as may be 18 ordered by the judge. 19 (e) Nothing herein shall prevent the Department of State 20 Police from maintaining all records of any person who is 21 admitted to probation upon terms and conditions and who 22 fulfills those terms and conditions pursuant to Section 10 of 23 the Cannabis Control Act, Section 410 of the Illinois 24 Controlled Substances Act, Section 12-4.3 of the Criminal 25 Code of 1961, Section 10-102 of the Illinois Alcoholism and 26 Other Drug Dependency Act, Section 40-10 of the Alcoholism 27 and Other Drug Abuse and Dependency Act, or Section 10 of the 28 Steroid Control Act. 29 (f) No court order issued pursuant to the expungement 30 provisions of this Section shall become final for purposes of 31 appeal until 30 days after notice is received by the 32 Department. Any court order contrary to the provisions of 33 this Section is void. 34 (g) Except as otherwise provided in subsection (c-5) of SB943 Engrossed -12- LRB9106126RCks 1 this Section, the court shall not order the sealing or 2 expungement of the arrest records and records of the circuit 3 court clerk of any person granted supervision for or 4 convicted of any sexual offense committed against a minor 5 under 18 years of age. For the purposes of this Section, 6 "sexual offense committed against a minor" includes but is 7 not limited to the offenses of indecent solicitation of a 8 child or criminal sexual abuse when the victim of such 9 offense is under 18 years of age. 10 (Source: P.A. 89-637, eff. 1-1-97; 89-689, eff. 12-31-96; 11 90-590, eff. 1-1-00; revised 10-31-98.) 12 Section 95. No acceleration or delay. Where this Act 13 makes changes in a statute that is represented in this Act by 14 text that is not yet or no longer in effect (for example, a 15 Section represented by multiple versions), the use of that 16 text does not accelerate or delay the taking effect of (i) 17 the changes made by this Act or (ii) provisions derived from 18 any other Public Act. 19 Section 99. Effective date. This Act takes effect 20 January 1, 2000.