103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5495

Introduced , by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:

See Index

Amends the Seizure and Forfeiture Reporting Act. Removes provisions about the State Police Asset Forfeiture Section. Amends the State Finance Act. Changes the name of the State Police Revocation Enforcement Fund to the State Police Firearm Enforcement Fund (and makes conforming changes within the Act, the Illinois State Police Law of the Civil Administrative Code of Illinois, and the Firearm Owners Identification Card Act). Provides that the balance remaining in the State Police Training and Academy Fund shall be transferred to the State Police Law Enforcement Administration Fund, and dissolves the State Police Training and Academy Fund (amends the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act and the Illinois Insurance Code to make conforming changes). Makes changes concerning the uses of the State Police Law Enforcement Administration Fund. Amends the School Code. Includes provisions relating to reporting of verified incidents involving a firearm or drugs to the State Board of Education, the State Board of Education reporting data by school district on its website, and local law enforcement reporting specified data from the previous year to the Illinois State Police's Illinois Uniform Crime Reporting Program. Amends the Illinois Gambling Act. Makes changes regarding applying for licensure and Fingerprinting. Amends the Criminal Code of 2012 and the Drug Asset Forfeiture Procedure Act. In provisions concerning non-judicial forfeiture, provides that the director or the directors designee (instead of just the director) shall dispose of property forfeited in accordance with law. Amends the Arsonist Registration Act. Changes the short title of the Act to the Arsonist Registry Act. Eliminates registration of arsonists (makes conforming changes in the Criminal Identification Act, the Unified Code of Corrections, and the Code of Civil Procedure). Provides that the Illinois State Police shall establish and maintain a Statewide Arsonist Database for the purpose of identifying arsonists and making that information available to law enforcement and the general public. Contains requirements for operation of the Database. Effective July 1, 2024.

LRB103 39013 AWJ 69150 b

A BILL FOR

HB5495

LRB103 39013 AWJ 69150 b

1 AN ACT concerning State government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Seizure and Forfeiture Reporting Act is

5 amended by changing Section 10 as follows:

6 (5 ILCS 810/10)

7 Sec. 10. Reporting by law enforcement agency.

8 (a) Each law enforcement agency that seizes property

9 subject to reporting under this Act shall report the following

10 information about property seized or forfeited under State

11 law:

12 (1) the name of the law enforcement agency that seized

13 the property;

14 (2) the date of the seizure;

15 (3) the type of property seized, including a building,

16 vehicle, boat, cash, negotiable security, or firearm,

17 except reporting is not required for seizures of

18 contraband including alcohol, gambling devices, drug

19 paraphernalia, and controlled substances;

20 (4) a description of the property seized and the

21 estimated value of the property and if the property is a

22 conveyance, the description shall include the make, model,

23 year, and vehicle identification number or serial number;

HB5495

- 2 -

LRB103 39013 AWJ 69150 b

1 and

2 (5) the location where the seizure occurred.

3 The filing requirement shall be met upon filing Illinois

4 State Police Notice/Inventory of Seized Property (Form 4-64)

5 with the State's Attorney's Office in the county where the

6 forfeiture action is being commenced or with the Attorney

7 General's Office if the forfeiture action is being commenced

8 by that office, and the forwarding of Form 4-64 upon approval

9 of the State's Attorney's Office or the Attorney General's

10 Office to the Illinois State Police Asset Forfeiture Section.

11 With regard to seizures for which Form 4-64 is not required to

12 be filed, the filing requirement shall be met by the filing of

13 an annual summary report with the Illinois State Police no

14 later than 60 days after December 31 of that year.

15 (b) Each law enforcement agency, including a drug task

16 force or Metropolitan Enforcement Group (MEG) unit, that

17 receives proceeds from forfeitures subject to reporting under

18 this Act shall file an annual report with the Illinois State

19 Police no later than 60 days after December 31 of that year.

20 The format of the report shall be developed by the Illinois

21 State Police and shall be completed by the law enforcement

22 agency. The report shall include, at a minimum, the amount of

23 funds and other property distributed to the law enforcement

24 agency by the Illinois State Police, the amount of funds

25 expended by the law enforcement agency, and the category of

26 expenditure, including:

HB5495

- 3 -

LRB103 39013 AWJ 69150 b

1 (1) crime, gang, or abuse prevention or intervention

2 programs;

3 (2) compensation or services for crime victims;

4 (3) witness protection, informant fees, and controlled

5 purchases of contraband;

6 (4) salaries, overtime, and benefits, as permitted by

7 law;

8 (5) operating expenses, including but not limited to,

9 capital expenditures for vehicles, firearms, equipment,

10 computers, furniture, office supplies, postage, printing,

11 membership fees paid to trade associations, and fees for

12 professional services including auditing, court reporting,

13 expert witnesses, and attorneys;

14 (6) travel, meals, entertainment, conferences,

15 training, and continuing education seminars; and

16 (7) other expenditures of forfeiture proceeds.

17 (c) The Illinois State Police shall establish and maintain

18 on its official website a public database that includes annual

19 aggregate data for each law enforcement agency that reports

20 seizures of property under subsection (a) of this Section,

21 that receives distributions of forfeiture proceeds subject to

22 reporting under this Act, or reports expenditures under

23 subsection (b) of this Section. This aggregate data shall

24 include, for each law enforcement agency:

25 (1) the total number of asset seizures reported by

26 each law enforcement agency during the calendar year;

HB5495

- 4 -

LRB103 39013 AWJ 69150 b

1 (2) the monetary value of all currency or its

2 equivalent seized by the law enforcement agency during the

3 calendar year;

4 (3) the number of conveyances seized by the law

5 enforcement agency during the calendar year, and the

6 aggregate estimated value;

7 (4) the aggregate estimated value of all other

8 property seized by the law enforcement agency during the

9 calendar year;

10 (5) the monetary value of distributions by the

11 Illinois State Police of forfeited currency or auction

12 proceeds from forfeited property to the law enforcement

13 agency during the calendar year; and

14 (6) the total amount of the law enforcement agency's

15 expenditures of forfeiture proceeds during the calendar

16 year, categorized as provided under subsection (b) of this

17 Section.

18 The database shall not provide names, addresses, phone

19 numbers, or other personally identifying information of owners

20 or interest holders, persons, business entities, covert office

21 locations, or business entities involved in the forfeiture

22 action and shall not disclose the vehicle identification

23 number or serial number of any conveyance.

24 (d) The Illinois State Police shall adopt rules to

25 administer the asset forfeiture program, including the

26 categories of authorized expenditures consistent with the

HB5495

- 5 -

LRB103 39013 AWJ 69150 b

1 statutory guidelines for each of the included forfeiture

2 statutes, the use of forfeited funds, other expenditure

3 requirements, and the reporting of seizure and forfeiture

4 information. The Illinois State Police may adopt rules

5 necessary to implement this Act through the use of emergency

6 rulemaking under Section 5-45 of the Illinois Administrative

7 Procedure Act for a period not to exceed 180 days after the

8 effective date of this Act.

9 (e) The Illinois State Police shall have authority and

10 oversight over all law enforcement agencies receiving

11 forfeited funds from the Illinois State Police. This authority

12 shall include enforcement of rules and regulations adopted by

13 the Illinois State Police and sanctions for violations of any

14 rules and regulations, including the withholding of

15 distributions of forfeiture proceeds from the law enforcement

16 agency in violation.

17 (f) Upon application by a law enforcement agency to the

18 Illinois State Police, the reporting of a particular asset

19 forfeited under this Section may be delayed if the asset in

20 question was seized from a person who has become a

21 confidential informant under the agency's confidential

22 informant policy, or if the asset was seized as part of an

23 ongoing investigation. This delayed reporting shall be granted

24 by the Illinois State Police for a maximum period of 6 months

25 if the confidential informant is still providing cooperation

26 to law enforcement or the investigation is still ongoing,

HB5495

- 6 -

LRB103 39013 AWJ 69150 b

1 after which the asset shall be reported as required under this

2 Act.

3 (g) The Illinois State Police shall, on or before January

4 1, 2019, establish and implement the requirements of this Act.

5 ~~In order to implement the reporting and public database~~

6 ~~requirements under this Act, the Illinois State Police Asset~~

7 ~~Forfeiture Section requires a one-time upgrade of its~~

8 ~~information technology software and hardware. This one-time~~

9 ~~upgrade shall be funded by a temporary allocation of 5% of all~~

10 ~~forfeited currency and 5% of the auction proceeds from each~~

11 ~~forfeited asset, which are to be distributed after the~~

12 ~~effective date of this Act. The Illinois State Police shall~~

13 ~~transfer these funds at the time of distribution to a separate~~

14 ~~fund established by the Illinois State Police. Moneys~~

15 ~~deposited in this fund shall be accounted for and shall be used~~

16 ~~only to pay for the actual one-time cost of purchasing and~~

17 ~~installing the hardware and software required to comply with~~

18 ~~this new reporting and public database requirement. Moneys~~

19 ~~deposited in the fund shall not be subject to reappropriation,~~

20 ~~reallocation, or redistribution for any other purpose. After~~

21 ~~sufficient funds are transferred to the fund to cover the~~

22 ~~actual one-time cost of purchasing and installing the hardware~~

23 ~~and software required to comply with this new reporting and~~

24 ~~public database requirement, no additional funds shall be~~

25 ~~transferred to the fund for any purpose. At the completion of~~

26 ~~the one-time upgrade of the information technology hardware~~

HB5495

- 7 -

LRB103 39013 AWJ 69150 b

1 ~~and software to comply with this new reporting and public~~

2 ~~database requirement, any remaining funds in the fund shall be~~

3 ~~returned to the participating agencies under the distribution~~

4 ~~requirements of the statutes from which the funds were~~

5 ~~transferred, and the fund shall no longer exist.~~

6 (h)(1) The Illinois State Police, in consultation with and

7 subject to the approval of the Chief Procurement Officer, may

8 procure a single contract or multiple contracts to implement

9 this Act.

10 (2) A contract or contracts under this subsection (h) are

11 not subject to the Illinois Procurement Code, except for

12 Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of

13 that Code, provided that the Chief Procurement Officer may, in

14 writing with justification, waive any certification required

15 under Article 50 of the Illinois Procurement Code. The

16 provisions of this paragraph (2), other than this sentence,

17 are inoperative on and after July 1, 2019.

18 (Source: P.A. 102-538, eff. 8-20-21.)

19 Section 10. The Illinois State Police Law of the Civil

20 Administrative Code of Illinois is amended by changing Section

21 2605-605 as follows:

22 (20 ILCS 2605/2605-605)

23 Sec. 2605-605. Violent Crime Intelligence Task Force. The

24 Director of the Illinois State Police shall establish a

HB5495

- 8 -

LRB103 39013 AWJ 69150 b

1 statewide multi-jurisdictional Violent Crime Intelligence Task

2 Force led by the Illinois State Police dedicated to combating

3 gun violence, gun-trafficking, and other violent crime with

4 the primary mission of preservation of life and reducing the

5 occurrence and the fear of crime. The objectives of the Task

6 Force shall include, but not be limited to, reducing and

7 preventing illegal possession and use of firearms,

8 firearm-related homicides, and other violent crimes, and

9 solving firearm-related crimes.

10 (1) The Task Force may develop and acquire information,

11 training, tools, and resources necessary to implement a

12 data-driven approach to policing, with an emphasis on

13 intelligence development.

14 (2) The Task Force may utilize information sharing,

15 partnerships, crime analysis, and evidence-based practices to

16 assist in the reduction of firearm-related shootings,

17 homicides, and gun-trafficking, including, but not limited to,

18 ballistic data, eTrace data, DNA evidence, latent

19 fingerprints, firearm training data, and National Integrated

20 Ballistic Information Network (NIBIN) data. The Task Force may

21 design a model crime gun intelligence strategy which may

22 include, but is not limited to, comprehensive collection and

23 documentation of all ballistic evidence, timely transfer of

24 NIBIN and eTrace leads to an intelligence center, which may

25 include the Division of Criminal Investigation of the Illinois

26 State Police, timely dissemination of intelligence to

HB5495

- 9 -

LRB103 39013 AWJ 69150 b

1 investigators, investigative follow-up, and coordinated

2 prosecution.

3 (3) The Task Force may recognize and utilize best

4 practices of community policing and may develop potential

5 partnerships with faith-based and community organizations to

6 achieve its goals.

7 (4) The Task Force may identify and utilize best practices

8 in drug-diversion programs and other community-based services

9 to redirect low-level offenders.

10 (5) The Task Force may assist in violence suppression

11 strategies including, but not limited to, details in

12 identified locations that have shown to be the most prone to

13 gun violence and violent crime, focused deterrence against

14 violent gangs and groups considered responsible for the

15 violence in communities, and other intelligence driven methods

16 deemed necessary to interrupt cycles of violence or prevent

17 retaliation.

18 (6) In consultation with the Chief Procurement Officer,

19 the Illinois State Police may obtain contracts for software,

20 commodities, resources, and equipment to assist the Task Force

21 with achieving this Act. Any contracts necessary to support

22 the delivery of necessary software, commodities, resources,

23 and equipment are not subject to the Illinois Procurement

24 Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and

25 Article 50 of that Code, provided that the Chief Procurement

26 Officer may, in writing with justification, waive any

HB5495

- 10 -

LRB103 39013 AWJ 69150 b

1 certification required under Article 50 of the Illinois

2 Procurement Code.

3 (7) The Task Force shall conduct enforcement operations

4 against persons whose Firearm Owner's Identification Cards

5 have been revoked or suspended and persons who fail to comply

6 with the requirements of Section 9.5 of the Firearm Owners

7 Identification Card Act, prioritizing individuals presenting a

8 clear and present danger to themselves or to others under

9 paragraph (2) of subsection (d) of Section 8.1 of the Firearm

10 Owners Identification Card Act.

11 (8) The Task Force shall collaborate with local law

12 enforcement agencies to enforce provisions of the Firearm

13 Owners Identification Card Act, the Firearm Concealed Carry

14 Act, the Firearm Dealer License Certification Act, and Article

15 24 of the Criminal Code of 2012.

16 (9) To implement this Section, the Director of the

17 Illinois State Police may establish intergovernmental

18 agreements with law enforcement agencies in accordance with

19 the Intergovernmental Cooperation Act.

20 (10) Law enforcement agencies that participate in

21 activities described in paragraphs (7) through (9) may apply

22 to the Illinois State Police for grants from the State Police

23 Firearm ~~Revocation~~ Enforcement Fund.

24 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

25 102-813, eff. 5-13-22.)

HB5495

- 11 -

LRB103 39013 AWJ 69150 b

1 (20 ILCS 2605/2605-378 rep.)

2 Section 15. The Illinois State Police Law of the Civil

3 Administrative Code of Illinois is amended by repealing

4 Section 2605-378.

5 Section 20. The Criminal Identification Act is amended by

6 changing Section 5.2 as follows:

7 (20 ILCS 2630/5.2)

8 Sec. 5.2. Expungement, sealing, and immediate sealing.

9 (a) General Provisions.

10 (1) Definitions. In this Act, words and phrases have

11 the meanings set forth in this subsection, except when a

12 particular context clearly requires a different meaning.

13 (A) The following terms shall have the meanings

14 ascribed to them in the following Sections of the

15 Unified Code of Corrections:

16 Business Offense, Section 5-1-2.

17 Charge, Section 5-1-3.

18 Court, Section 5-1-6.

19 Defendant, Section 5-1-7.

20 Felony, Section 5-1-9.

21 Imprisonment, Section 5-1-10.

22 Judgment, Section 5-1-12.

23 Misdemeanor, Section 5-1-14.

24 Offense, Section 5-1-15.

HB5495

- 12 -

LRB103 39013 AWJ 69150 b

1 Parole, Section 5-1-16.

2 Petty Offense, Section 5-1-17.

3 Probation, Section 5-1-18.

4 Sentence, Section 5-1-19.

5 Supervision, Section 5-1-21.

6 Victim, Section 5-1-22.

7 (B) As used in this Section, "charge not initiated

8 by arrest" means a charge (as defined by Section 5-1-3

9 of the Unified Code of Corrections) brought against a

10 defendant where the defendant is not arrested prior to

11 or as a direct result of the charge.

12 (C) "Conviction" means a judgment of conviction or

13 sentence entered upon a plea of guilty or upon a

14 verdict or finding of guilty of an offense, rendered

15 by a legally constituted jury or by a court of

16 competent jurisdiction authorized to try the case

17 without a jury. An order of supervision successfully

18 completed by the petitioner is not a conviction. An

19 order of qualified probation (as defined in subsection

20 (a)(1)(J)) successfully completed by the petitioner is

21 not a conviction. An order of supervision or an order

22 of qualified probation that is terminated

23 unsatisfactorily is a conviction, unless the

24 unsatisfactory termination is reversed, vacated, or

25 modified and the judgment of conviction, if any, is

26 reversed or vacated.

HB5495

- 13 -

LRB103 39013 AWJ 69150 b

1 (D) "Criminal offense" means a petty offense,

2 business offense, misdemeanor, felony, or municipal

3 ordinance violation (as defined in subsection

4 (a)(1)(H)). As used in this Section, a minor traffic

5 offense (as defined in subsection (a)(1)(G)) shall not

6 be considered a criminal offense.

7 (E) "Expunge" means to physically destroy the

8 records or return them to the petitioner and to

9 obliterate the petitioner's name from any official

10 index or public record, or both. Nothing in this Act

11 shall require the physical destruction of the circuit

12 court file, but such records relating to arrests or

13 charges, or both, ordered expunged shall be impounded

14 as required by subsections (d)(9)(A)(ii) and

15 (d)(9)(B)(ii).

16 (F) As used in this Section, "last sentence" means

17 the sentence, order of supervision, or order of

18 qualified probation (as defined by subsection

19 (a)(1)(J)), for a criminal offense (as defined by

20 subsection (a)(1)(D)) that terminates last in time in

21 any jurisdiction, regardless of whether the petitioner

22 has included the criminal offense for which the

23 sentence or order of supervision or qualified

24 probation was imposed in his or her petition. If

25 multiple sentences, orders of supervision, or orders

26 of qualified probation terminate on the same day and

HB5495

- 14 -

LRB103 39013 AWJ 69150 b

1 are last in time, they shall be collectively

2 considered the "last sentence" regardless of whether

3 they were ordered to run concurrently.

4 (G) "Minor traffic offense" means a petty offense,

5 business offense, or Class C misdemeanor under the

6 Illinois Vehicle Code or a similar provision of a

7 municipal or local ordinance.

8 (G-5) "Minor Cannabis Offense" means a violation

9 of Section 4 or 5 of the Cannabis Control Act

10 concerning not more than 30 grams of any substance

11 containing cannabis, provided the violation did not

12 include a penalty enhancement under Section 7 of the

13 Cannabis Control Act and is not associated with an

14 arrest, conviction or other disposition for a violent

15 crime as defined in subsection (c) of Section 3 of the

16 Rights of Crime Victims and Witnesses Act.

17 (H) "Municipal ordinance violation" means an

18 offense defined by a municipal or local ordinance that

19 is criminal in nature and with which the petitioner

20 was charged or for which the petitioner was arrested

21 and released without charging.

22 (I) "Petitioner" means an adult or a minor

23 prosecuted as an adult who has applied for relief

24 under this Section.

25 (J) "Qualified probation" means an order of

26 probation under Section 10 of the Cannabis Control

HB5495

- 15 -

LRB103 39013 AWJ 69150 b

1 Act, Section 410 of the Illinois Controlled Substances

2 Act, Section 70 of the Methamphetamine Control and

3 Community Protection Act, Section 5-6-3.3 or 5-6-3.4

4 of the Unified Code of Corrections, Section

5 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

6 those provisions existed before their deletion by

7 Public Act 89-313), Section 10-102 of the Illinois

8 Alcoholism and Other Drug Dependency Act, Section

9 40-10 of the Substance Use Disorder Act, or Section 10

10 of the Steroid Control Act. For the purpose of this

11 Section, "successful completion" of an order of

12 qualified probation under Section 10-102 of the

13 Illinois Alcoholism and Other Drug Dependency Act and

14 Section 40-10 of the Substance Use Disorder Act means

15 that the probation was terminated satisfactorily and

16 the judgment of conviction was vacated.

17 (K) "Seal" means to physically and electronically

18 maintain the records, unless the records would

19 otherwise be destroyed due to age, but to make the

20 records unavailable without a court order, subject to

21 the exceptions in Sections 12 and 13 of this Act. The

22 petitioner's name shall also be obliterated from the

23 official index required to be kept by the circuit

24 court clerk under Section 16 of the Clerks of Courts

25 Act, but any index issued by the circuit court clerk

26 before the entry of the order to seal shall not be

HB5495

- 16 -

LRB103 39013 AWJ 69150 b

1 affected.

2 (L) "Sexual offense committed against a minor"

3 includes, but is not limited to, the offenses of

4 indecent solicitation of a child or criminal sexual

5 abuse when the victim of such offense is under 18 years

6 of age.

7 (M) "Terminate" as it relates to a sentence or

8 order of supervision or qualified probation includes

9 either satisfactory or unsatisfactory termination of

10 the sentence, unless otherwise specified in this

11 Section. A sentence is terminated notwithstanding any

12 outstanding financial legal obligation.

13 (2) Minor Traffic Offenses. Orders of supervision or

14 convictions for minor traffic offenses shall not affect a

15 petitioner's eligibility to expunge or seal records

16 pursuant to this Section.

17 (2.5) Commencing 180 days after July 29, 2016 (the

18 effective date of Public Act 99-697), the law enforcement

19 agency issuing the citation shall automatically expunge,

20 on or before January 1 and July 1 of each year, the law

21 enforcement records of a person found to have committed a

22 civil law violation of subsection (a) of Section 4 of the

23 Cannabis Control Act or subsection (c) of Section 3.5 of

24 the Drug Paraphernalia Control Act in the law enforcement

25 agency's possession or control and which contains the

26 final satisfactory disposition which pertain to the person

HB5495

- 17 -

LRB103 39013 AWJ 69150 b

1 issued a citation for that offense. The law enforcement

2 agency shall provide by rule the process for access,

3 review, and to confirm the automatic expungement by the

4 law enforcement agency issuing the citation. Commencing

5 180 days after July 29, 2016 (the effective date of Public

6 Act 99-697), the clerk of the circuit court shall expunge,

7 upon order of the court, or in the absence of a court order

8 on or before January 1 and July 1 of each year, the court

9 records of a person found in the circuit court to have

10 committed a civil law violation of subsection (a) of

11 Section 4 of the Cannabis Control Act or subsection (c) of

12 Section 3.5 of the Drug Paraphernalia Control Act in the

13 clerk's possession or control and which contains the final

14 satisfactory disposition which pertain to the person

15 issued a citation for any of those offenses.

16 (3) Exclusions. Except as otherwise provided in

17 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)

18 of this Section, the court shall not order:

19 (A) the sealing or expungement of the records of

20 arrests or charges not initiated by arrest that result

21 in an order of supervision for or conviction of: (i)

22 any sexual offense committed against a minor; (ii)

23 Section 11-501 of the Illinois Vehicle Code or a

24 similar provision of a local ordinance; or (iii)

25 Section 11-503 of the Illinois Vehicle Code or a

26 similar provision of a local ordinance, unless the

HB5495

- 18 -

LRB103 39013 AWJ 69150 b

1 arrest or charge is for a misdemeanor violation of

2 subsection (a) of Section 11-503 or a similar

3 provision of a local ordinance, that occurred prior to

4 the offender reaching the age of 25 years and the

5 offender has no other conviction for violating Section

6 11-501 or 11-503 of the Illinois Vehicle Code or a

7 similar provision of a local ordinance.

8 (B) the sealing or expungement of records of minor

9 traffic offenses (as defined in subsection (a)(1)(G)),

10 unless the petitioner was arrested and released

11 without charging.

12 (C) the sealing of the records of arrests or

13 charges not initiated by arrest which result in an

14 order of supervision or a conviction for the following

15 offenses:

16 (i) offenses included in Article 11 of the

17 Criminal Code of 1961 or the Criminal Code of 2012

18 or a similar provision of a local ordinance,

19 except Section 11-14 and a misdemeanor violation

20 of Section 11-30 of the Criminal Code of 1961 or

21 the Criminal Code of 2012, or a similar provision

22 of a local ordinance;

23 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,

24 26-5, or 48-1 of the Criminal Code of 1961 or the

25 Criminal Code of 2012, or a similar provision of a

26 local ordinance;

HB5495

- 19 -

LRB103 39013 AWJ 69150 b

1 (iii) Section 12-3.1 or 12-3.2 of the Criminal

2 Code of 1961 or the Criminal Code of 2012, or

3 Section 125 of the Stalking No Contact Order Act,

4 or Section 219 of the Civil No Contact Order Act,

5 or a similar provision of a local ordinance;

6 (iv) Class A misdemeanors or felony offenses

7 under the Humane Care for Animals Act; or

8 (v) any offense or attempted offense that

9 would subject a person to registration under the

10 Sex Offender Registration Act.

11 (D) (blank).

12 (b) Expungement.

13 (1) A petitioner may petition the circuit court to

14 expunge the records of his or her arrests and charges not

15 initiated by arrest when each arrest or charge not

16 initiated by arrest sought to be expunged resulted in: (i)

17 acquittal, dismissal, or the petitioner's release without

18 charging, unless excluded by subsection (a)(3)(B); (ii) a

19 conviction which was vacated or reversed, unless excluded

20 by subsection (a)(3)(B); (iii) an order of supervision and

21 such supervision was successfully completed by the

22 petitioner, unless excluded by subsection (a)(3)(A) or

23 (a)(3)(B); or (iv) an order of qualified probation (as

24 defined in subsection (a)(1)(J)) and such probation was

25 successfully completed by the petitioner.

26 (1.5) When a petitioner seeks to have a record of

HB5495

- 20 -

LRB103 39013 AWJ 69150 b

1 arrest expunged under this Section, and the offender has

2 been convicted of a criminal offense, the State's Attorney

3 may object to the expungement on the grounds that the

4 records contain specific relevant information aside from

5 the mere fact of the arrest.

6 (2) Time frame for filing a petition to expunge.

7 (A) When the arrest or charge not initiated by

8 arrest sought to be expunged resulted in an acquittal,

9 dismissal, the petitioner's release without charging,

10 or the reversal or vacation of a conviction, there is

11 no waiting period to petition for the expungement of

12 such records.

13 (B) When the arrest or charge not initiated by

14 arrest sought to be expunged resulted in an order of

15 supervision, successfully completed by the petitioner,

16 the following time frames will apply:

17 (i) Those arrests or charges that resulted in

18 orders of supervision under Section 3-707, 3-708,

19 3-710, or 5-401.3 of the Illinois Vehicle Code or

20 a similar provision of a local ordinance, or under

21 Section 11-1.50, 12-3.2, or 12-15 of the Criminal

22 Code of 1961 or the Criminal Code of 2012, or a

23 similar provision of a local ordinance, shall not

24 be eligible for expungement until 5 years have

25 passed following the satisfactory termination of

26 the supervision.

HB5495

- 21 -

LRB103 39013 AWJ 69150 b

1 (i-5) Those arrests or charges that resulted

2 in orders of supervision for a misdemeanor

3 violation of subsection (a) of Section 11-503 of

4 the Illinois Vehicle Code or a similar provision

5 of a local ordinance, that occurred prior to the

6 offender reaching the age of 25 years and the

7 offender has no other conviction for violating

8 Section 11-501 or 11-503 of the Illinois Vehicle

9 Code or a similar provision of a local ordinance

10 shall not be eligible for expungement until the

11 petitioner has reached the age of 25 years.

12 (ii) Those arrests or charges that resulted in

13 orders of supervision for any other offenses shall

14 not be eligible for expungement until 2 years have

15 passed following the satisfactory termination of

16 the supervision.

17 (C) When the arrest or charge not initiated by

18 arrest sought to be expunged resulted in an order of

19 qualified probation, successfully completed by the

20 petitioner, such records shall not be eligible for

21 expungement until 5 years have passed following the

22 satisfactory termination of the probation.

23 (3) Those records maintained by the Illinois State

24 Police for persons arrested prior to their 17th birthday

25 shall be expunged as provided in Section 5-915 of the

26 Juvenile Court Act of 1987.

HB5495

- 22 -

LRB103 39013 AWJ 69150 b

1 (4) Whenever a person has been arrested for or

2 convicted of any offense, in the name of a person whose

3 identity he or she has stolen or otherwise come into

4 possession of, the aggrieved person from whom the identity

5 was stolen or otherwise obtained without authorization,

6 upon learning of the person having been arrested using his

7 or her identity, may, upon verified petition to the chief

8 judge of the circuit wherein the arrest was made, have a

9 court order entered nunc pro tunc by the Chief Judge to

10 correct the arrest record, conviction record, if any, and

11 all official records of the arresting authority, the

12 Illinois State Police, other criminal justice agencies,

13 the prosecutor, and the trial court concerning such

14 arrest, if any, by removing his or her name from all such

15 records in connection with the arrest and conviction, if

16 any, and by inserting in the records the name of the

17 offender, if known or ascertainable, in lieu of the

18 aggrieved's name. The records of the circuit court clerk

19 shall be sealed until further order of the court upon good

20 cause shown and the name of the aggrieved person

21 obliterated on the official index required to be kept by

22 the circuit court clerk under Section 16 of the Clerks of

23 Courts Act, but the order shall not affect any index

24 issued by the circuit court clerk before the entry of the

25 order. Nothing in this Section shall limit the Illinois

26 State Police or other criminal justice agencies or

HB5495

- 23 -

LRB103 39013 AWJ 69150 b

1 prosecutors from listing under an offender's name the

2 false names he or she has used.

3 (5) Whenever a person has been convicted of criminal

4 sexual assault, aggravated criminal sexual assault,

5 predatory criminal sexual assault of a child, criminal

6 sexual abuse, or aggravated criminal sexual abuse, the

7 victim of that offense may request that the State's

8 Attorney of the county in which the conviction occurred

9 file a verified petition with the presiding trial judge at

10 the petitioner's trial to have a court order entered to

11 seal the records of the circuit court clerk in connection

12 with the proceedings of the trial court concerning that

13 offense. However, the records of the arresting authority

14 and the Illinois State Police concerning the offense shall

15 not be sealed. The court, upon good cause shown, shall

16 make the records of the circuit court clerk in connection

17 with the proceedings of the trial court concerning the

18 offense available for public inspection.

19 (6) If a conviction has been set aside on direct

20 review or on collateral attack and the court determines by

21 clear and convincing evidence that the petitioner was

22 factually innocent of the charge, the court that finds the

23 petitioner factually innocent of the charge shall enter an

24 expungement order for the conviction for which the

25 petitioner has been determined to be innocent as provided

26 in subsection (b) of Section 5-5-4 of the Unified Code of

HB5495

- 24 -

LRB103 39013 AWJ 69150 b

1 Corrections.

2 (7) Nothing in this Section shall prevent the Illinois

3 State Police from maintaining all records of any person

4 who is admitted to probation upon terms and conditions and

5 who fulfills those terms and conditions pursuant to

6 Section 10 of the Cannabis Control Act, Section 410 of the

7 Illinois Controlled Substances Act, Section 70 of the

8 Methamphetamine Control and Community Protection Act,

9 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

10 Corrections, Section 12-4.3 or subdivision (b)(1) of

11 Section 12-3.05 of the Criminal Code of 1961 or the

12 Criminal Code of 2012, Section 10-102 of the Illinois

13 Alcoholism and Other Drug Dependency Act, Section 40-10 of

14 the Substance Use Disorder Act, or Section 10 of the

15 Steroid Control Act.

16 (8) If the petitioner has been granted a certificate

17 of innocence under Section 2-702 of the Code of Civil

18 Procedure, the court that grants the certificate of

19 innocence shall also enter an order expunging the

20 conviction for which the petitioner has been determined to

21 be innocent as provided in subsection (h) of Section 2-702

22 of the Code of Civil Procedure.

23 (c) Sealing.

24 (1) Applicability. Notwithstanding any other provision

25 of this Act to the contrary, and cumulative with any

26 rights to expungement of criminal records, this subsection

HB5495

- 25 -

LRB103 39013 AWJ 69150 b

1 authorizes the sealing of criminal records of adults and

2 of minors prosecuted as adults. Subsection (g) of this

3 Section provides for immediate sealing of certain records.

4 (2) Eligible Records. The following records may be

5 sealed:

6 (A) All arrests resulting in release without

7 charging;

8 (B) Arrests or charges not initiated by arrest

9 resulting in acquittal, dismissal, or conviction when

10 the conviction was reversed or vacated, except as

11 excluded by subsection (a)(3)(B);

12 (C) Arrests or charges not initiated by arrest

13 resulting in orders of supervision, including orders

14 of supervision for municipal ordinance violations,

15 successfully completed by the petitioner, unless

16 excluded by subsection (a)(3);

17 (D) Arrests or charges not initiated by arrest

18 resulting in convictions, including convictions on

19 municipal ordinance violations, unless excluded by

20 subsection (a)(3);

21 (E) Arrests or charges not initiated by arrest

22 resulting in orders of first offender probation under

23 Section 10 of the Cannabis Control Act, Section 410 of

24 the Illinois Controlled Substances Act, Section 70 of

25 the Methamphetamine Control and Community Protection

26 Act, or Section 5-6-3.3 of the Unified Code of

HB5495

- 26 -

LRB103 39013 AWJ 69150 b

1 Corrections; and

2 (F) Arrests or charges not initiated by arrest

3 resulting in felony convictions unless otherwise

4 excluded by subsection (a) paragraph (3) of this

5 Section.

6 (3) When Records Are Eligible to Be Sealed. Records

7 identified as eligible under subsection (c)(2) may be

8 sealed as follows:

9 (A) Records identified as eligible under

10 subsections (c)(2)(A) and (c)(2)(B) may be sealed at

11 any time.

12 (B) Except as otherwise provided in subparagraph

13 (E) of this paragraph (3), records identified as

14 eligible under subsection (c)(2)(C) may be sealed 2

15 years after the termination of petitioner's last

16 sentence (as defined in subsection (a)(1)(F)).

17 (C) Except as otherwise provided in subparagraph

18 (E) of this paragraph (3), records identified as

19 eligible under subsections (c)(2)(D), (c)(2)(E), and

20 (c)(2)(F) may be sealed 3 years after the termination

21 of the petitioner's last sentence (as defined in

22 subsection (a)(1)(F)). Convictions requiring public

23 registration under ~~the Arsonist Registration Act,~~ the

24 Sex Offender Registration Act~~,~~ or the Murderer and

25 Violent Offender Against Youth Registration Act may

26 not be sealed until the petitioner is no longer

HB5495

- 27 -

LRB103 39013 AWJ 69150 b

1 required to register under that relevant Act.

2 (D) Records identified in subsection

3 (a)(3)(A)(iii) may be sealed after the petitioner has

4 reached the age of 25 years.

5 (E) Records identified as eligible under

6 subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or

7 (c)(2)(F) may be sealed upon termination of the

8 petitioner's last sentence if the petitioner earned a

9 high school diploma, associate's degree, career

10 certificate, vocational technical certification, or

11 bachelor's degree, or passed the high school level

12 Test of General Educational Development, during the

13 period of his or her sentence or mandatory supervised

14 release. This subparagraph shall apply only to a

15 petitioner who has not completed the same educational

16 goal prior to the period of his or her sentence or

17 mandatory supervised release. If a petition for

18 sealing eligible records filed under this subparagraph

19 is denied by the court, the time periods under

20 subparagraph (B) or (C) shall apply to any subsequent

21 petition for sealing filed by the petitioner.

22 (4) Subsequent felony convictions. A person may not

23 have subsequent felony conviction records sealed as

24 provided in this subsection (c) if he or she is convicted

25 of any felony offense after the date of the sealing of

26 prior felony convictions as provided in this subsection

HB5495

- 28 -

LRB103 39013 AWJ 69150 b

1 (c). The court may, upon conviction for a subsequent

2 felony offense, order the unsealing of prior felony

3 conviction records previously ordered sealed by the court.

4 (5) Notice of eligibility for sealing. Upon entry of a

5 disposition for an eligible record under this subsection

6 (c), the petitioner shall be informed by the court of the

7 right to have the records sealed and the procedures for

8 the sealing of the records.

9 (d) Procedure. The following procedures apply to

10 expungement under subsections (b), (e), and (e-6) and sealing

11 under subsections (c) and (e-5):

12 (1) Filing the petition. Upon becoming eligible to

13 petition for the expungement or sealing of records under

14 this Section, the petitioner shall file a petition

15 requesting the expungement or sealing of records with the

16 clerk of the court where the arrests occurred or the

17 charges were brought, or both. If arrests occurred or

18 charges were brought in multiple jurisdictions, a petition

19 must be filed in each such jurisdiction. The petitioner

20 shall pay the applicable fee, except no fee shall be

21 required if the petitioner has obtained a court order

22 waiving fees under Supreme Court Rule 298 or it is

23 otherwise waived.

24 (1.5) County fee waiver pilot program. From August 9,

25 2019 (the effective date of Public Act 101-306) through

26 December 31, 2020, in a county of 3,000,000 or more

HB5495

- 29 -

LRB103 39013 AWJ 69150 b

1 inhabitants, no fee shall be required to be paid by a

2 petitioner if the records sought to be expunged or sealed

3 were arrests resulting in release without charging or

4 arrests or charges not initiated by arrest resulting in

5 acquittal, dismissal, or conviction when the conviction

6 was reversed or vacated, unless excluded by subsection

7 (a)(3)(B). The provisions of this paragraph (1.5), other

8 than this sentence, are inoperative on and after January

9 1, 2022.

10 (2) Contents of petition. The petition shall be

11 verified and shall contain the petitioner's name, date of

12 birth, current address and, for each arrest or charge not

13 initiated by arrest sought to be sealed or expunged, the

14 case number, the date of arrest (if any), the identity of

15 the arresting authority, and such other information as the

16 court may require. During the pendency of the proceeding,

17 the petitioner shall promptly notify the circuit court

18 clerk of any change of his or her address. If the

19 petitioner has received a certificate of eligibility for

20 sealing from the Prisoner Review Board under paragraph

21 (10) of subsection (a) of Section 3-3-2 of the Unified

22 Code of Corrections, the certificate shall be attached to

23 the petition.

24 (3) Drug test. The petitioner must attach to the

25 petition proof that the petitioner has taken within 30

26 days before the filing of the petition a test showing the

HB5495

- 30 -

LRB103 39013 AWJ 69150 b

1 absence within his or her body of all illegal substances

2 as defined by the Illinois Controlled Substances Act and

3 the Methamphetamine Control and Community Protection Act

4 if he or she is petitioning to:

5 (A) seal felony records under clause (c)(2)(E);

6 (B) seal felony records for a violation of the

7 Illinois Controlled Substances Act, the

8 Methamphetamine Control and Community Protection Act,

9 or the Cannabis Control Act under clause (c)(2)(F);

10 (C) seal felony records under subsection (e-5); or

11 (D) expunge felony records of a qualified

12 probation under clause (b)(1)(iv).

13 (4) Service of petition. The circuit court clerk shall

14 promptly serve a copy of the petition and documentation to

15 support the petition under subsection (e-5) or (e-6) on

16 the State's Attorney or prosecutor charged with the duty

17 of prosecuting the offense, the Illinois State Police, the

18 arresting agency and the chief legal officer of the unit

19 of local government effecting the arrest.

20 (5) Objections.

21 (A) Any party entitled to notice of the petition

22 may file an objection to the petition. All objections

23 shall be in writing, shall be filed with the circuit

24 court clerk, and shall state with specificity the

25 basis of the objection. Whenever a person who has been

26 convicted of an offense is granted a pardon by the

HB5495

- 31 -

LRB103 39013 AWJ 69150 b

1 Governor which specifically authorizes expungement, an

2 objection to the petition may not be filed.

3 (B) Objections to a petition to expunge or seal

4 must be filed within 60 days of the date of service of

5 the petition.

6 (6) Entry of order.

7 (A) The Chief Judge of the circuit wherein the

8 charge was brought, any judge of that circuit

9 designated by the Chief Judge, or in counties of less

10 than 3,000,000 inhabitants, the presiding trial judge

11 at the petitioner's trial, if any, shall rule on the

12 petition to expunge or seal as set forth in this

13 subsection (d)(6).

14 (B) Unless the State's Attorney or prosecutor, the

15 Illinois State Police, the arresting agency, or the

16 chief legal officer files an objection to the petition

17 to expunge or seal within 60 days from the date of

18 service of the petition, the court shall enter an

19 order granting or denying the petition.

20 (C) Notwithstanding any other provision of law,

21 the court shall not deny a petition for sealing under

22 this Section because the petitioner has not satisfied

23 an outstanding legal financial obligation established,

24 imposed, or originated by a court, law enforcement

25 agency, or a municipal, State, county, or other unit

26 of local government, including, but not limited to,

HB5495

- 32 -

LRB103 39013 AWJ 69150 b

1 any cost, assessment, fine, or fee. An outstanding

2 legal financial obligation does not include any court

3 ordered restitution to a victim under Section 5-5-6 of

4 the Unified Code of Corrections, unless the

5 restitution has been converted to a civil judgment.

6 Nothing in this subparagraph (C) waives, rescinds, or

7 abrogates a legal financial obligation or otherwise

8 eliminates or affects the right of the holder of any

9 financial obligation to pursue collection under

10 applicable federal, State, or local law.

11 (D) Notwithstanding any other provision of law,

12 the court shall not deny a petition to expunge or seal

13 under this Section because the petitioner has

14 submitted a drug test taken within 30 days before the

15 filing of the petition to expunge or seal that

16 indicates a positive test for the presence of cannabis

17 within the petitioner's body. In this subparagraph

18 (D), "cannabis" has the meaning ascribed to it in

19 Section 3 of the Cannabis Control Act.

20 (7) Hearings. If an objection is filed, the court

21 shall set a date for a hearing and notify the petitioner

22 and all parties entitled to notice of the petition of the

23 hearing date at least 30 days prior to the hearing. Prior

24 to the hearing, the State's Attorney shall consult with

25 the Illinois State Police as to the appropriateness of the

26 relief sought in the petition to expunge or seal. At the

HB5495

- 33 -

LRB103 39013 AWJ 69150 b

1 hearing, the court shall hear evidence on whether the

2 petition should or should not be granted, and shall grant

3 or deny the petition to expunge or seal the records based

4 on the evidence presented at the hearing. The court may

5 consider the following:

6 (A) the strength of the evidence supporting the

7 defendant's conviction;

8 (B) the reasons for retention of the conviction

9 records by the State;

10 (C) the petitioner's age, criminal record history,

11 and employment history;

12 (D) the period of time between the petitioner's

13 arrest on the charge resulting in the conviction and

14 the filing of the petition under this Section; and

15 (E) the specific adverse consequences the

16 petitioner may be subject to if the petition is

17 denied.

18 (8) Service of order. After entering an order to

19 expunge or seal records, the court must provide copies of

20 the order to the Illinois State Police, in a form and

21 manner prescribed by the Illinois State Police, to the

22 petitioner, to the State's Attorney or prosecutor charged

23 with the duty of prosecuting the offense, to the arresting

24 agency, to the chief legal officer of the unit of local

25 government effecting the arrest, and to such other

26 criminal justice agencies as may be ordered by the court.

HB5495

- 34 -

LRB103 39013 AWJ 69150 b

1 (9) Implementation of order.

2 (A) Upon entry of an order to expunge records

3 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or

4 both:

5 (i) the records shall be expunged (as defined

6 in subsection (a)(1)(E)) by the arresting agency,

7 the Illinois State Police, and any other agency as

8 ordered by the court, within 60 days of the date of

9 service of the order, unless a motion to vacate,

10 modify, or reconsider the order is filed pursuant

11 to paragraph (12) of subsection (d) of this

12 Section;

13 (ii) the records of the circuit court clerk

14 shall be impounded until further order of the

15 court upon good cause shown and the name of the

16 petitioner obliterated on the official index

17 required to be kept by the circuit court clerk

18 under Section 16 of the Clerks of Courts Act, but

19 the order shall not affect any index issued by the

20 circuit court clerk before the entry of the order;

21 and

22 (iii) in response to an inquiry for expunged

23 records, the court, the Illinois State Police, or

24 the agency receiving such inquiry, shall reply as

25 it does in response to inquiries when no records

26 ever existed.

HB5495

- 35 -

LRB103 39013 AWJ 69150 b

1 (B) Upon entry of an order to expunge records

2 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or

3 both:

4 (i) the records shall be expunged (as defined

5 in subsection (a)(1)(E)) by the arresting agency

6 and any other agency as ordered by the court,

7 within 60 days of the date of service of the order,

8 unless a motion to vacate, modify, or reconsider

9 the order is filed pursuant to paragraph (12) of

10 subsection (d) of this Section;

11 (ii) the records of the circuit court clerk

12 shall be impounded until further order of the

13 court upon good cause shown and the name of the

14 petitioner obliterated on the official index

15 required to be kept by the circuit court clerk

16 under Section 16 of the Clerks of Courts Act, but

17 the order shall not affect any index issued by the

18 circuit court clerk before the entry of the order;

19 (iii) the records shall be impounded by the

20 Illinois State Police within 60 days of the date

21 of service of the order as ordered by the court,

22 unless a motion to vacate, modify, or reconsider

23 the order is filed pursuant to paragraph (12) of

24 subsection (d) of this Section;

25 (iv) records impounded by the Illinois State

26 Police may be disseminated by the Illinois State

HB5495

- 36 -

LRB103 39013 AWJ 69150 b

1 Police only as required by law or to the arresting

2 authority, the State's Attorney, and the court

3 upon a later arrest for the same or a similar

4 offense or for the purpose of sentencing for any

5 subsequent felony, and to the Department of

6 Corrections upon conviction for any offense; and

7 (v) in response to an inquiry for such records

8 from anyone not authorized by law to access such

9 records, the court, the Illinois State Police, or

10 the agency receiving such inquiry shall reply as

11 it does in response to inquiries when no records

12 ever existed.

13 (B-5) Upon entry of an order to expunge records

14 under subsection (e-6):

15 (i) the records shall be expunged (as defined

16 in subsection (a)(1)(E)) by the arresting agency

17 and any other agency as ordered by the court,

18 within 60 days of the date of service of the order,

19 unless a motion to vacate, modify, or reconsider

20 the order is filed under paragraph (12) of

21 subsection (d) of this Section;

22 (ii) the records of the circuit court clerk

23 shall be impounded until further order of the

24 court upon good cause shown and the name of the

25 petitioner obliterated on the official index

26 required to be kept by the circuit court clerk

HB5495

- 37 -

LRB103 39013 AWJ 69150 b

1 under Section 16 of the Clerks of Courts Act, but

2 the order shall not affect any index issued by the

3 circuit court clerk before the entry of the order;

4 (iii) the records shall be impounded by the

5 Illinois State Police within 60 days of the date

6 of service of the order as ordered by the court,

7 unless a motion to vacate, modify, or reconsider

8 the order is filed under paragraph (12) of

9 subsection (d) of this Section;

10 (iv) records impounded by the Illinois State

11 Police may be disseminated by the Illinois State

12 Police only as required by law or to the arresting

13 authority, the State's Attorney, and the court

14 upon a later arrest for the same or a similar

15 offense or for the purpose of sentencing for any

16 subsequent felony, and to the Department of

17 Corrections upon conviction for any offense; and

18 (v) in response to an inquiry for these

19 records from anyone not authorized by law to

20 access the records, the court, the Illinois State

21 Police, or the agency receiving the inquiry shall

22 reply as it does in response to inquiries when no

23 records ever existed.

24 (C) Upon entry of an order to seal records under

25 subsection (c), the arresting agency, any other agency

26 as ordered by the court, the Illinois State Police,

HB5495

- 38 -

LRB103 39013 AWJ 69150 b

1 and the court shall seal the records (as defined in

2 subsection (a)(1)(K)). In response to an inquiry for

3 such records, from anyone not authorized by law to

4 access such records, the court, the Illinois State

5 Police, or the agency receiving such inquiry shall

6 reply as it does in response to inquiries when no

7 records ever existed.

8 (D) The Illinois State Police shall send written

9 notice to the petitioner of its compliance with each

10 order to expunge or seal records within 60 days of the

11 date of service of that order or, if a motion to

12 vacate, modify, or reconsider is filed, within 60 days

13 of service of the order resolving the motion, if that

14 order requires the Illinois State Police to expunge or

15 seal records. In the event of an appeal from the

16 circuit court order, the Illinois State Police shall

17 send written notice to the petitioner of its

18 compliance with an Appellate Court or Supreme Court

19 judgment to expunge or seal records within 60 days of

20 the issuance of the court's mandate. The notice is not

21 required while any motion to vacate, modify, or

22 reconsider, or any appeal or petition for

23 discretionary appellate review, is pending.

24 (E) Upon motion, the court may order that a sealed

25 judgment or other court record necessary to

26 demonstrate the amount of any legal financial

HB5495

- 39 -

LRB103 39013 AWJ 69150 b

1 obligation due and owing be made available for the

2 limited purpose of collecting any legal financial

3 obligations owed by the petitioner that were

4 established, imposed, or originated in the criminal

5 proceeding for which those records have been sealed.

6 The records made available under this subparagraph (E)

7 shall not be entered into the official index required

8 to be kept by the circuit court clerk under Section 16

9 of the Clerks of Courts Act and shall be immediately

10 re-impounded upon the collection of the outstanding

11 financial obligations.

12 (F) Notwithstanding any other provision of this

13 Section, a circuit court clerk may access a sealed

14 record for the limited purpose of collecting payment

15 for any legal financial obligations that were

16 established, imposed, or originated in the criminal

17 proceedings for which those records have been sealed.

18 (10) Fees. The Illinois State Police may charge the

19 petitioner a fee equivalent to the cost of processing any

20 order to expunge or seal records. Notwithstanding any

21 provision of the Clerks of Courts Act to the contrary, the

22 circuit court clerk may charge a fee equivalent to the

23 cost associated with the sealing or expungement of records

24 by the circuit court clerk. From the total filing fee

25 collected for the petition to seal or expunge, the circuit

26 court clerk shall deposit $10 into the Circuit Court Clerk

HB5495

- 40 -

LRB103 39013 AWJ 69150 b

1 Operation and Administrative Fund, to be used to offset

2 the costs incurred by the circuit court clerk in

3 performing the additional duties required to serve the

4 petition to seal or expunge on all parties. The circuit

5 court clerk shall collect and remit the Illinois State

6 Police portion of the fee to the State Treasurer and it

7 shall be deposited in the State Police Services Fund. If

8 the record brought under an expungement petition was

9 previously sealed under this Section, the fee for the

10 expungement petition for that same record shall be waived.

11 (11) Final Order. No court order issued under the

12 expungement or sealing provisions of this Section shall

13 become final for purposes of appeal until 30 days after

14 service of the order on the petitioner and all parties

15 entitled to notice of the petition.

16 (12) Motion to Vacate, Modify, or Reconsider. Under

17 Section 2-1203 of the Code of Civil Procedure, the

18 petitioner or any party entitled to notice may file a

19 motion to vacate, modify, or reconsider the order granting

20 or denying the petition to expunge or seal within 60 days

21 of service of the order. If filed more than 60 days after

22 service of the order, a petition to vacate, modify, or

23 reconsider shall comply with subsection (c) of Section

24 2-1401 of the Code of Civil Procedure. Upon filing of a

25 motion to vacate, modify, or reconsider, notice of the

26 motion shall be served upon the petitioner and all parties

HB5495

- 41 -

LRB103 39013 AWJ 69150 b

1 entitled to notice of the petition.

2 (13) Effect of Order. An order granting a petition

3 under the expungement or sealing provisions of this

4 Section shall not be considered void because it fails to

5 comply with the provisions of this Section or because of

6 any error asserted in a motion to vacate, modify, or

7 reconsider. The circuit court retains jurisdiction to

8 determine whether the order is voidable and to vacate,

9 modify, or reconsider its terms based on a motion filed

10 under paragraph (12) of this subsection (d).

11 (14) Compliance with Order Granting Petition to Seal

12 Records. Unless a court has entered a stay of an order

13 granting a petition to seal, all parties entitled to

14 notice of the petition must fully comply with the terms of

15 the order within 60 days of service of the order even if a

16 party is seeking relief from the order through a motion

17 filed under paragraph (12) of this subsection (d) or is

18 appealing the order.

19 (15) Compliance with Order Granting Petition to

20 Expunge Records. While a party is seeking relief from the

21 order granting the petition to expunge through a motion

22 filed under paragraph (12) of this subsection (d) or is

23 appealing the order, and unless a court has entered a stay

24 of that order, the parties entitled to notice of the

25 petition must seal, but need not expunge, the records

26 until there is a final order on the motion for relief or,

HB5495

- 42 -

LRB103 39013 AWJ 69150 b

1 in the case of an appeal, the issuance of that court's

2 mandate.

3 (16) The changes to this subsection (d) made by Public

4 Act 98-163 apply to all petitions pending on August 5,

5 2013 (the effective date of Public Act 98-163) and to all

6 orders ruling on a petition to expunge or seal on or after

7 August 5, 2013 (the effective date of Public Act 98-163).

8 (e) Whenever a person who has been convicted of an offense

9 is granted a pardon by the Governor which specifically

10 authorizes expungement, he or she may, upon verified petition

11 to the Chief Judge of the circuit where the person had been

12 convicted, any judge of the circuit designated by the Chief

13 Judge, or in counties of less than 3,000,000 inhabitants, the

14 presiding trial judge at the defendant's trial, have a court

15 order entered expunging the record of arrest from the official

16 records of the arresting authority and order that the records

17 of the circuit court clerk and the Illinois State Police be

18 sealed until further order of the court upon good cause shown

19 or as otherwise provided herein, and the name of the defendant

20 obliterated from the official index requested to be kept by

21 the circuit court clerk under Section 16 of the Clerks of

22 Courts Act in connection with the arrest and conviction for

23 the offense for which he or she had been pardoned but the order

24 shall not affect any index issued by the circuit court clerk

25 before the entry of the order. All records sealed by the

26 Illinois State Police may be disseminated by the Illinois

HB5495

- 43 -

LRB103 39013 AWJ 69150 b

1 State Police only to the arresting authority, the State's

2 Attorney, and the court upon a later arrest for the same or

3 similar offense or for the purpose of sentencing for any

4 subsequent felony. Upon conviction for any subsequent offense,

5 the Department of Corrections shall have access to all sealed

6 records of the Illinois State Police pertaining to that

7 individual. Upon entry of the order of expungement, the

8 circuit court clerk shall promptly mail a copy of the order to

9 the person who was pardoned.

10 (e-5) Whenever a person who has been convicted of an

11 offense is granted a certificate of eligibility for sealing by

12 the Prisoner Review Board which specifically authorizes

13 sealing, he or she may, upon verified petition to the Chief

14 Judge of the circuit where the person had been convicted, any

15 judge of the circuit designated by the Chief Judge, or in

16 counties of less than 3,000,000 inhabitants, the presiding

17 trial judge at the petitioner's trial, have a court order

18 entered sealing the record of arrest from the official records

19 of the arresting authority and order that the records of the

20 circuit court clerk and the Illinois State Police be sealed

21 until further order of the court upon good cause shown or as

22 otherwise provided herein, and the name of the petitioner

23 obliterated from the official index requested to be kept by

24 the circuit court clerk under Section 16 of the Clerks of

25 Courts Act in connection with the arrest and conviction for

26 the offense for which he or she had been granted the

HB5495

- 44 -

LRB103 39013 AWJ 69150 b

1 certificate but the order shall not affect any index issued by

2 the circuit court clerk before the entry of the order. All

3 records sealed by the Illinois State Police may be

4 disseminated by the Illinois State Police only as required by

5 this Act or to the arresting authority, a law enforcement

6 agency, 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 any

9 subsequent offense, the Department of Corrections shall have

10 access to all sealed records of the Illinois State Police

11 pertaining to that individual. Upon entry of the order of

12 sealing, the circuit court clerk shall promptly mail a copy of

13 the order to the person who was granted the certificate of

14 eligibility for sealing.

15 (e-6) Whenever a person who has been convicted of an

16 offense is granted a certificate of eligibility for

17 expungement by the Prisoner Review Board which specifically

18 authorizes expungement, he or she may, upon verified petition

19 to the Chief Judge of the circuit where the person had been

20 convicted, any judge of the circuit designated by the Chief

21 Judge, or in counties of less than 3,000,000 inhabitants, the

22 presiding trial judge at the petitioner's trial, have a court

23 order entered expunging the record of arrest from the official

24 records of the arresting authority and order that the records

25 of the circuit court clerk and the Illinois State Police be

26 sealed until further order of the court upon good cause shown

HB5495

- 45 -

LRB103 39013 AWJ 69150 b

1 or as otherwise provided herein, and the name of the

2 petitioner obliterated from the official index requested to be

3 kept by the circuit court clerk under Section 16 of the Clerks

4 of Courts Act in connection with the arrest and conviction for

5 the offense for which he or she had been granted the

6 certificate but the order shall not affect any index issued by

7 the circuit court clerk before the entry of the order. All

8 records sealed by the Illinois State Police may be

9 disseminated by the Illinois State Police only as required by

10 this Act or to the arresting authority, a law enforcement

11 agency, 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 any

14 subsequent offense, the Department of Corrections shall have

15 access to all expunged records of the Illinois State Police

16 pertaining to that individual. Upon entry of the order of

17 expungement, the circuit court clerk shall promptly mail a

18 copy of the order to the person who was granted the certificate

19 of eligibility for expungement.

20 (f) Subject to available funding, the Illinois Department

21 of Corrections shall conduct a study of the impact of sealing,

22 especially on employment and recidivism rates, utilizing a

23 random sample of those who apply for the sealing of their

24 criminal records under Public Act 93-211. At the request of

25 the Illinois Department of Corrections, records of the

26 Illinois Department of Employment Security shall be utilized

HB5495

- 46 -

LRB103 39013 AWJ 69150 b

1 as appropriate to assist in the study. The study shall not

2 disclose any data in a manner that would allow the

3 identification of any particular individual or employing unit.

4 The study shall be made available to the General Assembly no

5 later than September 1, 2010.

6 (g) Immediate Sealing.

7 (1) Applicability. Notwithstanding any other provision

8 of this Act to the contrary, and cumulative with any

9 rights to expungement or sealing of criminal records, this

10 subsection authorizes the immediate sealing of criminal

11 records of adults and of minors prosecuted as adults.

12 (2) Eligible Records. Arrests or charges not initiated

13 by arrest resulting in acquittal or dismissal with

14 prejudice, except as excluded by subsection (a)(3)(B),

15 that occur on or after January 1, 2018 (the effective date

16 of Public Act 100-282), may be sealed immediately if the

17 petition is filed with the circuit court clerk on the same

18 day and during the same hearing in which the case is

19 disposed.

20 (3) When Records are Eligible to be Immediately

21 Sealed. Eligible records under paragraph (2) of this

22 subsection (g) may be sealed immediately after entry of

23 the final disposition of a case, notwithstanding the

24 disposition of other charges in the same case.

25 (4) Notice of Eligibility for Immediate Sealing. Upon

26 entry of a disposition for an eligible record under this

HB5495

- 47 -

LRB103 39013 AWJ 69150 b

1 subsection (g), the defendant shall be informed by the

2 court of his or her right to have eligible records

3 immediately sealed and the procedure for the immediate

4 sealing of these records.

5 (5) Procedure. The following procedures apply to

6 immediate sealing under this subsection (g).

7 (A) Filing the Petition. Upon entry of the final

8 disposition of the case, the defendant's attorney may

9 immediately petition the court, on behalf of the

10 defendant, for immediate sealing of eligible records

11 under paragraph (2) of this subsection (g) that are

12 entered on or after January 1, 2018 (the effective

13 date of Public Act 100-282). The immediate sealing

14 petition may be filed with the circuit court clerk

15 during the hearing in which the final disposition of

16 the case is entered. If the defendant's attorney does

17 not file the petition for immediate sealing during the

18 hearing, the defendant may file a petition for sealing

19 at any time as authorized under subsection (c)(3)(A).

20 (B) Contents of Petition. The immediate sealing

21 petition shall be verified and shall contain the

22 petitioner's name, date of birth, current address, and

23 for each eligible record, the case number, the date of

24 arrest if applicable, the identity of the arresting

25 authority if applicable, and other information as the

26 court may require.

HB5495

- 48 -

LRB103 39013 AWJ 69150 b

1 (C) Drug Test. The petitioner shall not be

2 required to attach proof that he or she has passed a

3 drug test.

4 (D) Service of Petition. A copy of the petition

5 shall be served on the State's Attorney in open court.

6 The petitioner shall not be required to serve a copy of

7 the petition on any other agency.

8 (E) Entry of Order. The presiding trial judge

9 shall enter an order granting or denying the petition

10 for immediate sealing during the hearing in which it

11 is filed. Petitions for immediate sealing shall be

12 ruled on in the same hearing in which the final

13 disposition of the case is entered.

14 (F) Hearings. The court shall hear the petition

15 for immediate sealing on the same day and during the

16 same hearing in which the disposition is rendered.

17 (G) Service of Order. An order to immediately seal

18 eligible records shall be served in conformance with

19 subsection (d)(8).

20 (H) Implementation of Order. An order to

21 immediately seal records shall be implemented in

22 conformance with subsections (d)(9)(C) and (d)(9)(D).

23 (I) Fees. The fee imposed by the circuit court

24 clerk and the Illinois State Police shall comply with

25 paragraph (1) of subsection (d) of this Section.

26 (J) Final Order. No court order issued under this

HB5495

- 49 -

LRB103 39013 AWJ 69150 b

1 subsection (g) shall become final for purposes of

2 appeal until 30 days after service of the order on the

3 petitioner and all parties entitled to service of the

4 order in conformance with subsection (d)(8).

5 (K) Motion to Vacate, Modify, or Reconsider. Under

6 Section 2-1203 of the Code of Civil Procedure, the

7 petitioner, State's Attorney, or the Illinois State

8 Police may file a motion to vacate, modify, or

9 reconsider the order denying the petition to

10 immediately seal within 60 days of service of the

11 order. If filed more than 60 days after service of the

12 order, a petition to vacate, modify, or reconsider

13 shall comply with subsection (c) of Section 2-1401 of

14 the Code of Civil Procedure.

15 (L) Effect of Order. An order granting an

16 immediate sealing petition shall not be considered

17 void because it fails to comply with the provisions of

18 this Section or because of an error asserted in a

19 motion to vacate, modify, or reconsider. The circuit

20 court retains jurisdiction to determine whether the

21 order is voidable, and to vacate, modify, or

22 reconsider its terms based on a motion filed under

23 subparagraph (L) of this subsection (g).

24 (M) Compliance with Order Granting Petition to

25 Seal Records. Unless a court has entered a stay of an

26 order granting a petition to immediately seal, all

HB5495

- 50 -

LRB103 39013 AWJ 69150 b

1 parties entitled to service of the order must fully

2 comply with the terms of the order within 60 days of

3 service of the order.

4 (h) Sealing or vacation and expungement of trafficking

5 victims' crimes.

6 (1) A trafficking victim, as defined by paragraph (10)

7 of subsection (a) of Section 10-9 of the Criminal Code of

8 2012, may petition for vacation and expungement or

9 immediate sealing of his or her criminal record upon the

10 completion of his or her last sentence if his or her

11 participation in the underlying offense was a result of

12 human trafficking under Section 10-9 of the Criminal Code

13 of 2012 or a severe form of trafficking under the federal

14 Trafficking Victims Protection Act.

15 (1.5) A petition under paragraph (1) shall be

16 prepared, signed, and filed in accordance with Supreme

17 Court Rule 9. The court may allow the petitioner to attend

18 any required hearing remotely in accordance with local

19 rules. The court may allow a petition to be filed under

20 seal if the public filing of the petition would constitute

21 a risk of harm to the petitioner.

22 (2) A petitioner under this subsection (h), in

23 addition to the requirements provided under paragraph (4)

24 of subsection (d) of this Section, shall include in his or

25 her petition a clear and concise statement that: (A) he or

26 she was a victim of human trafficking at the time of the

HB5495

- 51 -

LRB103 39013 AWJ 69150 b

1 offense; and (B) that his or her participation in the

2 offense was a result of human trafficking under Section

3 10-9 of the Criminal Code of 2012 or a severe form of

4 trafficking under the federal Trafficking Victims

5 Protection Act.

6 (3) If an objection is filed alleging that the

7 petitioner is not entitled to vacation and expungement or

8 immediate sealing under this subsection (h), the court

9 shall conduct a hearing under paragraph (7) of subsection

10 (d) of this Section and the court shall determine whether

11 the petitioner is entitled to vacation and expungement or

12 immediate sealing under this subsection (h). A petitioner

13 is eligible for vacation and expungement or immediate

14 relief under this subsection (h) if he or she shows, by a

15 preponderance of the evidence, that: (A) he or she was a

16 victim of human trafficking at the time of the offense;

17 and (B) that his or her participation in the offense was a

18 result of human trafficking under Section 10-9 of the

19 Criminal Code of 2012 or a severe form of trafficking

20 under the federal Trafficking Victims Protection Act.

21 (i) Minor Cannabis Offenses under the Cannabis Control

22 Act.

23 (1) Expungement of Arrest Records of Minor Cannabis

24 Offenses.

25 (A) The Illinois State Police and all law

26 enforcement agencies within the State shall

HB5495

- 52 -

LRB103 39013 AWJ 69150 b

1 automatically expunge all criminal history records of

2 an arrest, charge not initiated by arrest, order of

3 supervision, or order of qualified probation for a

4 Minor Cannabis Offense committed prior to June 25,

5 2019 (the effective date of Public Act 101-27) if:

6 (i) One year or more has elapsed since the

7 date of the arrest or law enforcement interaction

8 documented in the records; and

9 (ii) No criminal charges were filed relating

10 to the arrest or law enforcement interaction or

11 criminal charges were filed and subsequently

12 dismissed or vacated or the arrestee was

13 acquitted.

14 (B) If the law enforcement agency is unable to

15 verify satisfaction of condition (ii) in paragraph

16 (A), records that satisfy condition (i) in paragraph

17 (A) shall be automatically expunged.

18 (C) Records shall be expunged by the law

19 enforcement agency under the following timelines:

20 (i) Records created prior to June 25, 2019

21 (the effective date of Public Act 101-27), but on

22 or after January 1, 2013, shall be automatically

23 expunged prior to January 1, 2021;

24 (ii) Records created prior to January 1, 2013,

25 but on or after January 1, 2000, shall be

26 automatically expunged prior to January 1, 2023;

HB5495

- 53 -

LRB103 39013 AWJ 69150 b

1 (iii) Records created prior to January 1, 2000

2 shall be automatically expunged prior to January

3 1, 2025.

4 In response to an inquiry for expunged records,

5 the law enforcement agency receiving such inquiry

6 shall reply as it does in response to inquiries when no

7 records ever existed; however, it shall provide a

8 certificate of disposition or confirmation that the

9 record was expunged to the individual whose record was

10 expunged if such a record exists.

11 (D) Nothing in this Section shall be construed to

12 restrict or modify an individual's right to have that

13 individual's records expunged except as otherwise may

14 be provided in this Act, or diminish or abrogate any

15 rights or remedies otherwise available to the

16 individual.

17 (2) Pardons Authorizing Expungement of Minor Cannabis

18 Offenses.

19 (A) Upon June 25, 2019 (the effective date of

20 Public Act 101-27), the Department of State Police

21 shall review all criminal history record information

22 and identify all records that meet all of the

23 following criteria:

24 (i) one or more convictions for a Minor

25 Cannabis Offense;

26 (ii) the conviction identified in paragraph

HB5495

- 54 -

LRB103 39013 AWJ 69150 b

1 (2)(A)(i) did not include a penalty enhancement

2 under Section 7 of the Cannabis Control Act; and

3 (iii) the conviction identified in paragraph

4 (2)(A)(i) is not associated with a conviction for

5 a violent crime as defined in subsection (c) of

6 Section 3 of the Rights of Crime Victims and

7 Witnesses Act.

8 (B) Within 180 days after June 25, 2019 (the

9 effective date of Public Act 101-27), the Department

10 of State Police shall notify the Prisoner Review Board

11 of all such records that meet the criteria established

12 in paragraph (2)(A).

13 (i) The Prisoner Review Board shall notify the

14 State's Attorney of the county of conviction of

15 each record identified by State Police in

16 paragraph (2)(A) that is classified as a Class 4

17 felony. The State's Attorney may provide a written

18 objection to the Prisoner Review Board on the sole

19 basis that the record identified does not meet the

20 criteria established in paragraph (2)(A). Such an

21 objection must be filed within 60 days or by such

22 later date set by the Prisoner Review Board in the

23 notice after the State's Attorney received notice

24 from the Prisoner Review Board.

25 (ii) In response to a written objection from a

26 State's Attorney, the Prisoner Review Board is

HB5495

- 55 -

LRB103 39013 AWJ 69150 b

1 authorized to conduct a non-public hearing to

2 evaluate the information provided in the

3 objection.

4 (iii) The Prisoner Review Board shall make a

5 confidential and privileged recommendation to the

6 Governor as to whether to grant a pardon

7 authorizing expungement for each of the records

8 identified by the Department of State Police as

9 described in paragraph (2)(A).

10 (C) If an individual has been granted a pardon

11 authorizing expungement as described in this Section,

12 the Prisoner Review Board, through the Attorney

13 General, shall file a petition for expungement with

14 the Chief Judge of the circuit or any judge of the

15 circuit designated by the Chief Judge where the

16 individual had been convicted. Such petition may

17 include more than one individual. Whenever an

18 individual who has been convicted of an offense is

19 granted a pardon by the Governor that specifically

20 authorizes expungement, an objection to the petition

21 may not be filed. Petitions to expunge under this

22 subsection (i) may include more than one individual.

23 Within 90 days of the filing of such a petition, the

24 court shall enter an order expunging the records of

25 arrest from the official records of the arresting

26 authority and order that the records of the circuit

HB5495

- 56 -

LRB103 39013 AWJ 69150 b

1 court clerk and the Illinois State Police be expunged

2 and the name of the defendant obliterated from the

3 official index requested to be kept by the circuit

4 court clerk under Section 16 of the Clerks of Courts

5 Act in connection with the arrest and conviction for

6 the offense for which the individual had received a

7 pardon but the order shall not affect any index issued

8 by the circuit court clerk before the entry of the

9 order. Upon entry of the order of expungement, the

10 circuit court clerk shall promptly provide a copy of

11 the order and a certificate of disposition to the

12 individual who was pardoned to the individual's last

13 known address or by electronic means (if available) or

14 otherwise make it available to the individual upon

15 request.

16 (D) Nothing in this Section is intended to

17 diminish or abrogate any rights or remedies otherwise

18 available to the individual.

19 (3) Any individual may file a motion to vacate and

20 expunge a conviction for a misdemeanor or Class 4 felony

21 violation of Section 4 or Section 5 of the Cannabis

22 Control Act. Motions to vacate and expunge under this

23 subsection (i) may be filed with the circuit court, Chief

24 Judge of a judicial circuit or any judge of the circuit

25 designated by the Chief Judge. The circuit court clerk

26 shall promptly serve a copy of the motion to vacate and

HB5495

- 57 -

LRB103 39013 AWJ 69150 b

1 expunge, and any supporting documentation, on the State's

2 Attorney or prosecutor charged with the duty of

3 prosecuting the offense. When considering such a motion to

4 vacate and expunge, a court shall consider the following:

5 the reasons to retain the records provided by law

6 enforcement, the petitioner's age, the petitioner's age at

7 the time of offense, the time since the conviction, and

8 the specific adverse consequences if denied. An individual

9 may file such a petition after the completion of any

10 non-financial sentence or non-financial condition imposed

11 by the conviction. Within 60 days of the filing of such

12 motion, a State's Attorney may file an objection to such a

13 petition along with supporting evidence. If a motion to

14 vacate and expunge is granted, the records shall be

15 expunged in accordance with subparagraphs (d)(8) and

16 (d)(9)(A) of this Section. An agency providing civil legal

17 aid, as defined by Section 15 of the Public Interest

18 Attorney Assistance Act, assisting individuals seeking to

19 file a motion to vacate and expunge under this subsection

20 may file motions to vacate and expunge with the Chief

21 Judge of a judicial circuit or any judge of the circuit

22 designated by the Chief Judge, and the motion may include

23 more than one individual. Motions filed by an agency

24 providing civil legal aid concerning more than one

25 individual may be prepared, presented, and signed

26 electronically.

HB5495

- 58 -

LRB103 39013 AWJ 69150 b

1 (4) Any State's Attorney may file a motion to vacate

2 and expunge a conviction for a misdemeanor or Class 4

3 felony violation of Section 4 or Section 5 of the Cannabis

4 Control Act. Motions to vacate and expunge under this

5 subsection (i) may be filed with the circuit court, Chief

6 Judge of a judicial circuit or any judge of the circuit

7 designated by the Chief Judge, and may include more than

8 one individual. Motions filed by a State's Attorney

9 concerning more than one individual may be prepared,

10 presented, and signed electronically. When considering

11 such a motion to vacate and expunge, a court shall

12 consider the following: the reasons to retain the records

13 provided by law enforcement, the individual's age, the

14 individual's age at the time of offense, the time since

15 the conviction, and the specific adverse consequences if

16 denied. Upon entry of an order granting a motion to vacate

17 and expunge records pursuant to this Section, the State's

18 Attorney shall notify the Prisoner Review Board within 30

19 days. Upon entry of the order of expungement, the circuit

20 court clerk shall promptly provide a copy of the order and

21 a certificate of disposition to the individual whose

22 records will be expunged to the individual's last known

23 address or by electronic means (if available) or otherwise

24 make available to the individual upon request. If a motion

25 to vacate and expunge is granted, the records shall be

26 expunged in accordance with subparagraphs (d)(8) and

HB5495

- 59 -

LRB103 39013 AWJ 69150 b

1 (d)(9)(A) of this Section.

2 (5) In the public interest, the State's Attorney of a

3 county has standing to file motions to vacate and expunge

4 pursuant to this Section in the circuit court with

5 jurisdiction over the underlying conviction.

6 (6) If a person is arrested for a Minor Cannabis

7 Offense as defined in this Section before June 25, 2019

8 (the effective date of Public Act 101-27) and the person's

9 case is still pending but a sentence has not been imposed,

10 the person may petition the court in which the charges are

11 pending for an order to summarily dismiss those charges

12 against him or her, and expunge all official records of

13 his or her arrest, plea, trial, conviction, incarceration,

14 supervision, or expungement. If the court determines, upon

15 review, that: (A) the person was arrested before June 25,

16 2019 (the effective date of Public Act 101-27) for an

17 offense that has been made eligible for expungement; (B)

18 the case is pending at the time; and (C) the person has not

19 been sentenced of the minor cannabis violation eligible

20 for expungement under this subsection, the court shall

21 consider the following: the reasons to retain the records

22 provided by law enforcement, the petitioner's age, the

23 petitioner's age at the time of offense, the time since

24 the conviction, and the specific adverse consequences if

25 denied. If a motion to dismiss and expunge is granted, the

26 records shall be expunged in accordance with subparagraph

HB5495

- 60 -

LRB103 39013 AWJ 69150 b

1 (d)(9)(A) of this Section.

2 (7) A person imprisoned solely as a result of one or

3 more convictions for Minor Cannabis Offenses under this

4 subsection (i) shall be released from incarceration upon

5 the issuance of an order under this subsection.

6 (8) The Illinois State Police shall allow a person to

7 use the access and review process, established in the

8 Illinois State Police, for verifying that his or her

9 records relating to Minor Cannabis Offenses of the

10 Cannabis Control Act eligible under this Section have been

11 expunged.

12 (9) No conviction vacated pursuant to this Section

13 shall serve as the basis for damages for time unjustly

14 served as provided in the Court of Claims Act.

15 (10) Effect of Expungement. A person's right to

16 expunge an expungeable offense shall not be limited under

17 this Section. The effect of an order of expungement shall

18 be to restore the person to the status he or she occupied

19 before the arrest, charge, or conviction.

20 (11) Information. The Illinois State Police shall post

21 general information on its website about the expungement

22 process described in this subsection (i).

23 (j) Felony Prostitution Convictions.

24 (1) Any individual may file a motion to vacate and

25 expunge a conviction for a prior Class 4 felony violation

26 of prostitution. Motions to vacate and expunge under this

HB5495

- 61 -

LRB103 39013 AWJ 69150 b

1 subsection (j) may be filed with the circuit court, Chief

2 Judge of a judicial circuit, or any judge of the circuit

3 designated by the Chief Judge. When considering the motion

4 to vacate and expunge, a court shall consider the

5 following:

6 (A) the reasons to retain the records provided by

7 law enforcement;

8 (B) the petitioner's age;

9 (C) the petitioner's age at the time of offense;

10 and

11 (D) the time since the conviction, and the

12 specific adverse consequences if denied. An individual

13 may file the petition after the completion of any

14 sentence or condition imposed by the conviction.

15 Within 60 days of the filing of the motion, a State's

16 Attorney may file an objection to the petition along

17 with supporting evidence. If a motion to vacate and

18 expunge is granted, the records shall be expunged in

19 accordance with subparagraph (d)(9)(A) of this

20 Section. An agency providing civil legal aid, as

21 defined in Section 15 of the Public Interest Attorney

22 Assistance Act, assisting individuals seeking to file

23 a motion to vacate and expunge under this subsection

24 may file motions to vacate and expunge with the Chief

25 Judge of a judicial circuit or any judge of the circuit

26 designated by the Chief Judge, and the motion may

HB5495

- 62 -

LRB103 39013 AWJ 69150 b

1 include more than one individual.

2 (2) Any State's Attorney may file a motion to vacate

3 and expunge a conviction for a Class 4 felony violation of

4 prostitution. Motions to vacate and expunge under this

5 subsection (j) may be filed with the circuit court, Chief

6 Judge of a judicial circuit, or any judge of the circuit

7 court designated by the Chief Judge, and may include more

8 than one individual. When considering the motion to vacate

9 and expunge, a court shall consider the following reasons:

10 (A) the reasons to retain the records provided by

11 law enforcement;

12 (B) the petitioner's age;

13 (C) the petitioner's age at the time of offense;

14 (D) the time since the conviction; and

15 (E) the specific adverse consequences if denied.

16 If the State's Attorney files a motion to vacate and

17 expunge records for felony prostitution convictions

18 pursuant to this Section, the State's Attorney shall

19 notify the Prisoner Review Board within 30 days of the

20 filing. If a motion to vacate and expunge is granted, the

21 records shall be expunged in accordance with subparagraph

22 (d)(9)(A) of this Section.

23 (3) In the public interest, the State's Attorney of a

24 county has standing to file motions to vacate and expunge

25 pursuant to this Section in the circuit court with

26 jurisdiction over the underlying conviction.

HB5495

- 63 -

LRB103 39013 AWJ 69150 b

1 (4) The Illinois State Police shall allow a person to

2 a use the access and review process, established in the

3 Illinois State Police, for verifying that his or her

4 records relating to felony prostitution eligible under

5 this Section have been expunged.

6 (5) No conviction vacated pursuant to this Section

7 shall serve as the basis for damages for time unjustly

8 served as provided in the Court of Claims Act.

9 (6) Effect of Expungement. A person's right to expunge

10 an expungeable offense shall not be limited under this

11 Section. The effect of an order of expungement shall be to

12 restore the person to the status he or she occupied before

13 the arrest, charge, or conviction.

14 (7) Information. The Illinois State Police shall post

15 general information on its website about the expungement

16 process described in this subsection (j).

17 (Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;

18 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.

19 1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)

20 Section 25. The Illinois Vehicle Hijacking and Motor

21 Vehicle Theft Prevention and Insurance Verification Act is

22 amended by changing Section 8.6 as follows:

23 (20 ILCS 4005/8.6)

24 Sec. 8.6. Private passenger motor vehicle insurance. ~~State~~

HB5495

- 64 -

LRB103 39013 AWJ 69150 b

1 ~~Police Training and Academy Fund; Law Enforcement Training~~

2 ~~Fund.~~ Before April 1 of each year, each insurer engaged in

3 writing private passenger motor vehicle insurance coverage

4 that is included in Class 2 and Class 3 of Section 4 of the

5 Illinois Insurance Code, as a condition of its authority to

6 transact business in this State, may collect and shall pay to

7 the Department of Insurance an amount equal to $4, or a lesser

8 amount determined by the Illinois Law Enforcement Training

9 Standards Board by rule, multiplied by the insurer's total

10 earned car years of private passenger motor vehicle insurance

11 policies providing physical damage insurance coverage written

12 in this State during the preceding calendar year. Of the

13 amounts collected under this Section, the Department of

14 Insurance shall deposit 10% into the State Police Law

15 Enforcement Administration Fund ~~State Police Training and~~

16 ~~Academy Fund~~ and 90% into the Law Enforcement Training Fund.

17 (Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22;

18 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.)

19 Section 30. The State Finance Act is amended by changing

20 Sections 5.946, 5.963, 6z-106, 6z-125, and 6z-127 as follows:

21 (30 ILCS 105/5.946)

22 Sec. 5.946. The State Police Training and Academy Fund.

23 This Section is repealed on January 1, 2025.

24 (Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22.)

HB5495

- 65 -

LRB103 39013 AWJ 69150 b

1 (30 ILCS 105/5.963)

2 Sec. 5.963. The State Police Firearm ~~Revocation~~

3 Enforcement Fund.

4 (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)

5 (30 ILCS 105/6z-106)

6 Sec. 6z-106. State Police Law Enforcement Administration

7 Fund.

8 (a) There is created in the State treasury a special fund

9 known as the State Police Law Enforcement Administration Fund.

10 The Fund shall receive revenue under subsection (c) of Section

11 10-5 of the Criminal and Traffic Assessment Act and Section

12 500-135 of the Illinois Insurance Code. The Fund shall also

13 receive the moneys designated to be paid in to the Fund under

14 subsection (a-5) of Section 500-135 of the Illinois Insurance

15 Code and Section 8.6 of the Illinois Vehicle Hijacking and

16 Motor Vehicle Theft Prevention and Insurance Verification Act.

17 The Fund may also receive revenue from grants, donations,

18 appropriations, and any other legal source.

19 (b) The Illinois State Police may use moneys in the Fund to

20 finance any of its lawful purposes or functions, including,

21 but not limited to, training for forensic laboratory personnel

22 and other State Police personnel. However, ~~; however,~~ the

23 primary purpose of the Fund shall be to finance State Police

24 cadet classes in May and October of each year.

HB5495

- 66 -

LRB103 39013 AWJ 69150 b

1 (c) Expenditures may be made from the Fund only as

2 appropriated by the General Assembly by law.

3 (d) Investment income that is attributable to the

4 investment of moneys in the Fund shall be retained in the Fund

5 for the uses specified in this Section.

6 (e) The State Police Law Enforcement Administration Fund

7 shall not be subject to administrative chargebacks.

8 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)

9 (30 ILCS 105/6z-125)

10 Sec. 6z-125. State Police Training and Academy Fund. The

11 State Police Training and Academy Fund is hereby created as a

12 special fund in the State treasury. Moneys in the Fund shall

13 consist of: (i) 10% of the revenue from increasing the

14 insurance producer license fees, as provided under subsection

15 (a-5) of Section 500-135 of the Illinois Insurance Code; and

16 (ii) 10% of the moneys collected from auto insurance policy

17 fees under Section 8.6 of the Illinois Vehicle Hijacking and

18 Motor Vehicle Theft Prevention and Insurance Verification Act.

19 This Fund shall be used by the Illinois State Police to fund

20 training and other State Police institutions, including, but

21 not limited to, forensic laboratories. On July 1, 2024, or as

22 soon thereafter as possible, the balance remaining in the

23 State Police Training and Academy Fund shall be transferred to

24 the State Police Law Enforcement Administration Fund. The

25 State Police Training and Academy Fund is dissolved upon that

HB5495

- 67 -

LRB103 39013 AWJ 69150 b

1 transfer. This Section is repealed on January 1, 2025.

2 (Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22;

3 102-904, eff. 1-1-23.)

4 (30 ILCS 105/6z-127)

5 Sec. 6z-127. State Police Firearm ~~Revocation~~ Enforcement

6 Fund.

7 (a) The State Police Firearm ~~Revocation~~ Enforcement Fund

8 is established as a special fund in the State treasury. This

9 Fund is established to receive moneys from the Firearm Owners

10 Identification Card Act to enforce that Act, the Firearm

11 Concealed Carry Act, Article 24 of the Criminal Code of 2012,

12 and other firearm offenses. The Fund may also receive revenue

13 from grants, donations, appropriations, and any other legal

14 source.

15 (b) The Illinois State Police may use moneys from the Fund

16 to establish task forces and, if necessary, include other law

17 enforcement agencies, under intergovernmental contracts

18 written and executed in conformity with the Intergovernmental

19 Cooperation Act.

20 (c) The Illinois State Police may use moneys in the Fund to

21 hire and train State Police officers and for the prevention of

22 violent crime.

23 (d) The State Police Firearm ~~Revocation~~ Enforcement Fund

24 is not subject to administrative chargebacks.

25 (e) Law enforcement agencies that participate in Firearm

HB5495

- 68 -

LRB103 39013 AWJ 69150 b

1 Owner's Identification Card revocation enforcement in the

2 Violent Crime Intelligence Task Force may apply for grants

3 from the Illinois State Police.

4 (f) Any surplus in the Fund beyond what is necessary to

5 ensure compliance with subsections (a) through (e) or moneys

6 that are specifically appropriated for those purposes shall be

7 used by the Illinois State Police to award grants to assist

8 with the data reporting requirements of the Gun Trafficking

9 Information Act.

10 (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22;

11 103-34, eff. 6-9-23.)

12 Section 35. The School Code is amended by changing

13 Sections 10-27.1A and 10-27.1B as follows:

14 (105 ILCS 5/10-27.1A)

15 Sec. 10-27.1A. Firearms in schools.

16 (a) All school officials, including teachers, school

17 counselors, and support staff, shall immediately notify the

18 office of the principal in the event that they observe any

19 person in possession of a firearm on school grounds; provided

20 that taking such immediate action to notify the office of the

21 principal would not immediately endanger the health, safety,

22 or welfare of students who are under the direct supervision of

23 the school official or the school official. If the health,

24 safety, or welfare of students under the direct supervision of

HB5495

- 69 -

LRB103 39013 AWJ 69150 b

1 the school official or of the school official is immediately

2 endangered, the school official shall notify the office of the

3 principal as soon as the students under his or her supervision

4 and he or she are no longer under immediate danger. A report is

5 not required by this Section when the school official knows

6 that the person in possession of the firearm is a law

7 enforcement official engaged in the conduct of his or her

8 official duties. Any school official acting in good faith who

9 makes such a report under this Section shall have immunity

10 from any civil or criminal liability that might otherwise be

11 incurred as a result of making the report. The identity of the

12 school official making such report shall not be disclosed

13 except as expressly and specifically authorized by law.

14 Knowingly and willfully failing to comply with this Section is

15 a petty offense. A second or subsequent offense is a Class C

16 misdemeanor.

17 (b) Upon receiving a report from any school official

18 pursuant to this Section, or from any other person, the

19 principal or his or her designee shall immediately notify a

20 local law enforcement agency. If the person found to be in

21 possession of a firearm on school grounds is a student, the

22 principal or his or her designee shall also immediately notify

23 that student's parent or guardian. Any principal or his or her

24 designee acting in good faith who makes such reports under

25 this Section shall have immunity from any civil or criminal

26 liability that might otherwise be incurred or imposed as a

HB5495

- 70 -

LRB103 39013 AWJ 69150 b

1 result of making the reports. Knowingly and willfully failing

2 to comply with this Section is a petty offense. A second or

3 subsequent offense is a Class C misdemeanor. If the person

4 found to be in possession of the firearm on school grounds is a

5 minor, the law enforcement agency shall detain that minor

6 until such time as the agency makes a determination pursuant

7 to clause (a) of subsection (1) of Section 5-401 of the

8 Juvenile Court Act of 1987, as to whether the agency

9 reasonably believes that the minor is delinquent. If the law

10 enforcement agency determines that probable cause exists to

11 believe that the minor committed a violation of item (4) of

12 subsection (a) of Section 24-1 of the Criminal Code of 2012

13 while on school grounds, the agency shall detain the minor for

14 processing pursuant to Section 5-407 of the Juvenile Court Act

15 of 1987.

16 (c) Upon receipt of any written, electronic, or verbal

17 report from any school personnel regarding a verified incident

18 involving a firearm in a school or on school owned or leased

19 property, including any conveyance owned, leased, or used by

20 the school for the transport of students or school personnel,

21 the superintendent or his or her designee shall report all

22 such firearm-related incidents occurring in a school or on

23 school property to the local law enforcement authorities

24 immediately~~, who shall report to the Illinois State Police in~~

25 ~~a form, manner, and frequency as prescribed by the Illinois~~

26 ~~State Police~~.

HB5495

- 71 -

LRB103 39013 AWJ 69150 b

1 ~~The State Board of Education shall receive an annual~~

2 ~~statistical compilation and related data associated with~~

3 ~~incidents involving firearms in schools from the Illinois~~

4 ~~State Police. The State Board of Education shall compile this~~

5 ~~information by school district and make it available to the~~

6 ~~public.~~

7 (c-5) Schools shall report any written, electronic, or

8 verbal report of a verified incident involving a firearm made

9 under subsection (c) to the State Board of Education through

10 existing school incident reporting systems as they occur

11 during the year by no later than August 1 of each year. The

12 State Board of Education shall report data by school district,

13 as collected from school districts, and make it available to

14 the public via its website. The local law enforcement

15 authority shall, by March 1 of each year, report the required

16 data from the previous year to the Illinois State Police's

17 Illinois Uniform Crime Reporting Program, which shall be

18 included in its annual Crime in Illinois report.

19 (d) As used in this Section, the term "firearm" shall have

20 the meaning ascribed to it in Section 1.1 of the Firearm Owners

21 Identification Card Act.

22 As used in this Section, the term "school" means any

23 public or private elementary or secondary school.

24 As used in this Section, the term "school grounds"

25 includes the real property comprising any school, any

26 conveyance owned, leased, or contracted by a school to

HB5495

- 72 -

LRB103 39013 AWJ 69150 b

1 transport students to or from school or a school-related

2 activity, or any public way within 1,000 feet of the real

3 property comprising any school.

4 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;

5 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

6 (105 ILCS 5/10-27.1B)

7 Sec. 10-27.1B. Reporting drug-related incidents in

8 schools.

9 (a) In this Section:

10 "Drug" means "cannabis" as defined under subsection (a) of

11 Section 3 of the Cannabis Control Act, "narcotic drug" as

12 defined under subsection (aa) of Section 102 of the Illinois

13 Controlled Substances Act, or "methamphetamine" as defined

14 under Section 10 of the Methamphetamine Control and Community

15 Protection Act.

16 "School" means any public or private elementary or

17 secondary school.

18 (b) Upon receipt of any written, electronic, or verbal

19 report from any school personnel regarding a verified incident

20 involving drugs in a school or on school owned or leased

21 property, including any conveyance owned, leased, or used by

22 the school for the transport of students or school personnel,

23 the superintendent or his or her designee, or other

24 appropriate administrative officer for a private school, shall

25 report all such drug-related incidents occurring in a school

HB5495

- 73 -

LRB103 39013 AWJ 69150 b

1 or on school property to the local law enforcement authorities

2 immediately ~~and to the Illinois State Police in a form,~~

3 ~~manner, and frequency as prescribed by the Illinois State~~

4 ~~Police~~.

5 (c) (Blank). ~~The State Board of Education shall receive an~~

6 ~~annual statistical compilation and related data associated~~

7 ~~with drug-related incidents in schools from the Illinois State~~

8 ~~Police. The State Board of Education shall compile this~~

9 ~~information by school district and make it available to the~~

10 ~~public~~.

11 (d) Schools shall report any written, electronic, or

12 verbal report of an incident involving drugs made under

13 subsection (b) to the State Board of Education through

14 existing school incident reporting systems as they occur

15 during the year by no later than August 1 of each year. The

16 State Board of Education shall report data by school district,

17 as collected from school districts, and make it available to

18 the public via its website. The local law enforcement

19 authority shall, by March 1 of each year, report the required

20 data from the previous year to the Illinois State Police's

21 Illinois Uniform Crime Reporting Program, which shall be

22 included in its annual Crime in Illinois report.

23 (Source: P.A. 102-538, eff. 8-20-21.)

24 Section 40. The Illinois Insurance Code is amended by

25 changing Section 500-135 as follows:

HB5495

- 74 -

LRB103 39013 AWJ 69150 b

1 (215 ILCS 5/500-135)

2 (Section scheduled to be repealed on January 1, 2027)

3 Sec. 500-135. Fees.

4 (a) The fees required by this Article are as follows:

5 (1) a fee of $215 for a person who is a resident of

6 Illinois, and $380 for a person who is not a resident of

7 Illinois, payable once every 2 years for an insurance

8 producer license;

9 (2) a fee of $50 for the issuance of a temporary

10 insurance producer license;

11 (3) a fee of $150 payable once every 2 years for a

12 business entity;

13 (4) an annual $50 fee for a limited line producer

14 license issued under items (1) through (8) of subsection

15 (a) of Section 500-100;

16 (5) a $50 application fee for the processing of a

17 request to take the written examination for an insurance

18 producer license;

19 (6) an annual registration fee of $1,000 for

20 registration of an education provider;

21 (7) a certification fee of $50 for each certified

22 pre-licensing or continuing education course and an annual

23 fee of $20 for renewing the certification of each such

24 course;

25 (8) a fee of $215 for a person who is a resident of

HB5495

- 75 -

LRB103 39013 AWJ 69150 b

1 Illinois, and $380 for a person who is not a resident of

2 Illinois, payable once every 2 years for a car rental

3 limited line license;

4 (9) a fee of $200 payable once every 2 years for a

5 limited lines license other than the licenses issued under

6 items (1) through (8) of subsection (a) of Section

7 500-100, a car rental limited line license, or a

8 self-service storage facility limited line license;

9 (10) a fee of $50 payable once every 2 years for a

10 self-service storage facility limited line license.

11 (a-5) Beginning on July 1, 2021, an amount equal to the

12 additional amount of revenue collected under paragraphs (1)

13 and (8) of subsection (a) as a result of the increase in the

14 fees under this amendatory Act of the 102nd General Assembly

15 shall be transferred annually, with 10% of that amount paid

16 into the State Police Law Enforcement Administration Fund

17 ~~State Police Training and Academy Fund~~ and 90% of that amount

18 paid into the Law Enforcement Training Fund.

19 (b) Except as otherwise provided, all fees paid to and

20 collected by the Director under this Section shall be paid

21 promptly after receipt thereof, together with a detailed

22 statement of such fees, into a special fund in the State

23 Treasury to be known as the Insurance Producer Administration

24 Fund. The moneys deposited into the Insurance Producer

25 Administration Fund may be used only for payment of the

26 expenses of the Department in the execution, administration,

HB5495

- 76 -

LRB103 39013 AWJ 69150 b

1 and enforcement of the insurance laws of this State, and shall

2 be appropriated as otherwise provided by law for the payment

3 of those expenses with first priority being any expenses

4 incident to or associated with the administration and

5 enforcement of this Article.

6 (Source: P.A. 102-16, eff. 6-17-21.)

7 Section 45. The Illinois Gambling Act is amended by

8 changing Sections 7.7 and 22 as follows:

9 (230 ILCS 10/7.7)

10 Sec. 7.7. Organization gaming licenses.

11 (a) The Illinois Gaming Board shall award one organization

12 gaming license to each person or entity having operating

13 control of a racetrack that applies under Section 56 of the

14 Illinois Horse Racing Act of 1975, subject to the application

15 and eligibility requirements of this Section. Within 60 days

16 after the effective date of this amendatory Act of the 101st

17 General Assembly, a person or entity having operating control

18 of a racetrack may submit an application for an organization

19 gaming license. The application shall be made on such forms as

20 provided by the Board and shall contain such information as

21 the Board prescribes, including, but not limited to, the

22 identity of any racetrack at which gaming will be conducted

23 pursuant to an organization gaming license, detailed

24 information regarding the ownership and management of the

HB5495

- 77 -

LRB103 39013 AWJ 69150 b

1 applicant, and detailed personal information regarding the

2 applicant. The application shall specify the number of gaming

3 positions the applicant intends to use and the place where the

4 organization gaming facility will operate. A person who

5 knowingly makes a false statement on an application is guilty

6 of a Class A misdemeanor.

7 Each applicant shall disclose the identity of every person

8 or entity having a direct or indirect pecuniary interest

9 greater than 1% in any racetrack with respect to which the

10 license is sought. If the disclosed entity is a corporation,

11 the applicant shall disclose the names and addresses of all

12 officers, stockholders, and directors. If the disclosed entity

13 is a limited liability company, the applicant shall disclose

14 the names and addresses of all members and managers. If the

15 disclosed entity is a partnership, the applicant shall

16 disclose the names and addresses of all partners, both general

17 and limited. If the disclosed entity is a trust, the applicant

18 shall disclose the names and addresses of all beneficiaries.

19 An application shall be filed and considered in accordance

20 with the rules of the Board. Each application for an

21 organization gaming license shall include a nonrefundable

22 application fee of $250,000. In addition, a nonrefundable fee

23 of $50,000 shall be paid at the time of filing to defray the

24 costs associated with background investigations conducted by

25 the Board. If the costs of the background investigation exceed

26 $50,000, the applicant shall pay the additional amount to the

HB5495

- 78 -

LRB103 39013 AWJ 69150 b

1 Board within 7 days after a request by the Board. If the costs

2 of the investigation are less than $50,000, the applicant

3 shall receive a refund of the remaining amount. All

4 information, records, interviews, reports, statements,

5 memoranda, or other data supplied to or used by the Board in

6 the course of this review or investigation of an applicant for

7 an organization gaming license under this Act shall be

8 privileged and strictly confidential and shall be used only

9 for the purpose of evaluating an applicant for an organization

10 gaming license or a renewal. Such information, records,

11 interviews, reports, statements, memoranda, or other data

12 shall not be admissible as evidence nor discoverable in any

13 action of any kind in any court or before any tribunal, board,

14 agency or person, except for any action deemed necessary by

15 the Board. The application fee shall be deposited into the

16 State Gaming Fund.

17 Any applicant or key person, including the applicant's

18 owners, officers, directors (if a corporation), managers and

19 members (if a limited liability company), and partners (if a

20 partnership), for an organization gaming license shall submit

21 with his or her application, on forms provided by the Board, 2

22 sets of ~~have his or her~~ fingerprints. The board shall charge

23 each applicant a fee set by ~~submitted to~~ the Illinois State

24 Police to defray the costs associated with the search and

25 classification of fingerprints obtained by the Board with

26 respect to the applicant's application. The fees ~~in an~~

HB5495

- 79 -

LRB103 39013 AWJ 69150 b

1 ~~electronic format that complies with the form and manner for~~

2 ~~requesting and furnishing criminal history record information~~

3 ~~as prescribed by the Illinois State Police. These fingerprints~~

4 ~~shall be checked against the Illinois State Police and Federal~~

5 ~~Bureau of Investigation criminal history record databases now~~

6 ~~and hereafter filed, including, but not limited to, civil,~~

7 ~~criminal, and latent fingerprint databases. The Illinois State~~

8 ~~Police shall charge applicants a fee for conducting the~~

9 ~~criminal history records check, which~~ shall be deposited into

10 the State Police Services Fund ~~and shall not exceed the actual~~

11 ~~cost of the records check. The Illinois State Police shall~~

12 ~~furnish, pursuant to positive identification, records of~~

13 ~~Illinois criminal history to the Illinois State Police~~.

14 (b) The Board shall determine within 120 days after

15 receiving an application for an organization gaming license

16 whether to grant an organization gaming license to the

17 applicant. If the Board does not make a determination within

18 that time period, then the Board shall give a written

19 explanation to the applicant as to why it has not reached a

20 determination and when it reasonably expects to make a

21 determination.

22 The organization gaming licensee shall purchase up to the

23 amount of gaming positions authorized under this Act within

24 120 days after receiving its organization gaming license. If

25 an organization gaming licensee is prepared to purchase the

26 gaming positions, but is temporarily prohibited from doing so

HB5495

- 80 -

LRB103 39013 AWJ 69150 b

1 by order of a court of competent jurisdiction or the Board,

2 then the 120-day period is tolled until a resolution is

3 reached.

4 An organization gaming license shall authorize its holder

5 to conduct gaming under this Act at its racetracks on the same

6 days of the year and hours of the day that owners licenses are

7 allowed to operate under approval of the Board.

8 An organization gaming license and any renewal of an

9 organization gaming license shall authorize gaming pursuant to

10 this Section for a period of 4 years. The fee for the issuance

11 or renewal of an organization gaming license shall be

12 $250,000.

13 All payments by licensees under this subsection (b) shall

14 be deposited into the Rebuild Illinois Projects Fund.

15 (c) To be eligible to conduct gaming under this Section, a

16 person or entity having operating control of a racetrack must

17 (i) obtain an organization gaming license, (ii) hold an

18 organization license under the Illinois Horse Racing Act of

19 1975, (iii) hold an inter-track wagering license, (iv) pay an

20 initial fee of $30,000 per gaming position from organization

21 gaming licensees where gaming is conducted in Cook County and,

22 except as provided in subsection (c-5), $17,500 for

23 organization gaming licensees where gaming is conducted

24 outside of Cook County before beginning to conduct gaming plus

25 make the reconciliation payment required under subsection (k),

26 (v) conduct live racing in accordance with subsections (e-1),

HB5495

- 81 -

LRB103 39013 AWJ 69150 b

1 (e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act

2 of 1975, (vi) meet the requirements of subsection (a) of

3 Section 56 of the Illinois Horse Racing Act of 1975, (vii) for

4 organization licensees conducting standardbred race meetings,

5 keep backstretch barns and dormitories open and operational

6 year-round unless a lesser schedule is mutually agreed to by

7 the organization licensee and the horsemen association racing

8 at that organization licensee's race meeting, (viii) for

9 organization licensees conducting thoroughbred race meetings,

10 the organization licensee must maintain accident medical

11 expense liability insurance coverage of $1,000,000 for

12 jockeys, and (ix) meet all other requirements of this Act that

13 apply to owners licensees.

14 An organization gaming licensee may enter into a joint

15 venture with a licensed owner to own, manage, conduct, or

16 otherwise operate the organization gaming licensee's

17 organization gaming facilities, unless the organization gaming

18 licensee has a parent company or other affiliated company that

19 is, directly or indirectly, wholly owned by a parent company

20 that is also licensed to conduct organization gaming, casino

21 gaming, or their equivalent in another state.

22 All payments by licensees under this subsection (c) shall

23 be deposited into the Rebuild Illinois Projects Fund.

24 (c-5) A person or entity having operating control of a

25 racetrack located in Madison County shall only pay the initial

26 fees specified in subsection (c) for 540 of the gaming

HB5495

- 82 -

LRB103 39013 AWJ 69150 b

1 positions authorized under the license.

2 (d) A person or entity is ineligible to receive an

3 organization gaming license if:

4 (1) the person or entity has been convicted of a

5 felony under the laws of this State, any other state, or

6 the United States, including a conviction under the

7 Racketeer Influenced and Corrupt Organizations Act;

8 (2) the person or entity has been convicted of any

9 violation of Article 28 of the Criminal Code of 2012, or

10 substantially similar laws of any other jurisdiction;

11 (3) the person or entity has submitted an application

12 for a license under this Act that contains false

13 information;

14 (4) the person is a member of the Board;

15 (5) a person defined in (1), (2), (3), or (4) of this

16 subsection (d) is an officer, director, or managerial

17 employee of the entity;

18 (6) the person or entity employs a person defined in

19 (1), (2), (3), or (4) of this subsection (d) who

20 participates in the management or operation of gambling

21 operations authorized under this Act; or

22 (7) a license of the person or entity issued under

23 this Act or a license to own or operate gambling

24 facilities in any other jurisdiction has been revoked.

25 (e) The Board may approve gaming positions pursuant to an

26 organization gaming license statewide as provided in this

HB5495

- 83 -

LRB103 39013 AWJ 69150 b

1 Section. The authority to operate gaming positions under this

2 Section shall be allocated as follows: up to 1,200 gaming

3 positions for any organization gaming licensee in Cook County

4 and up to 900 gaming positions for any organization gaming

5 licensee outside of Cook County.

6 (f) Each applicant for an organization gaming license

7 shall specify in its application for licensure the number of

8 gaming positions it will operate, up to the applicable

9 limitation set forth in subsection (e) of this Section. Any

10 unreserved gaming positions that are not specified shall be

11 forfeited and retained by the Board. For the purposes of this

12 subsection (f), an organization gaming licensee that did not

13 conduct live racing in 2010 and is located within 3 miles of

14 the Mississippi River may reserve up to 900 positions and

15 shall not be penalized under this Section for not operating

16 those positions until it meets the requirements of subsection

17 (e) of this Section, but such licensee shall not request

18 unreserved gaming positions under this subsection (f) until

19 its 900 positions are all operational.

20 Thereafter, the Board shall publish the number of

21 unreserved gaming positions and shall accept requests for

22 additional positions from any organization gaming licensee

23 that initially reserved all of the positions that were

24 offered. The Board shall allocate expeditiously the unreserved

25 gaming positions to requesting organization gaming licensees

26 in a manner that maximizes revenue to the State. The Board may

HB5495

- 84 -

LRB103 39013 AWJ 69150 b

1 allocate any such unused gaming positions pursuant to an open

2 and competitive bidding process, as provided under Section 7.5

3 of this Act. This process shall continue until all unreserved

4 gaming positions have been purchased. All positions obtained

5 pursuant to this process and all positions the organization

6 gaming licensee specified it would operate in its application

7 must be in operation within 18 months after they were obtained

8 or the organization gaming licensee forfeits the right to

9 operate those positions, but is not entitled to a refund of any

10 fees paid. The Board may, after holding a public hearing,

11 grant extensions so long as the organization gaming licensee

12 is working in good faith to make the positions operational.

13 The extension may be for a period of 6 months. If, after the

14 period of the extension, the organization gaming licensee has

15 not made the positions operational, then another public

16 hearing must be held by the Board before it may grant another

17 extension.

18 Unreserved gaming positions retained from and allocated to

19 organization gaming licensees by the Board pursuant to this

20 subsection (f) shall not be allocated to owners licensees

21 under this Act.

22 For the purpose of this subsection (f), the unreserved

23 gaming positions for each organization gaming licensee shall

24 be the applicable limitation set forth in subsection (e) of

25 this Section, less the number of reserved gaming positions by

26 such organization gaming licensee, and the total unreserved

HB5495

- 85 -

LRB103 39013 AWJ 69150 b

1 gaming positions shall be the aggregate of the unreserved

2 gaming positions for all organization gaming licensees.

3 (g) An organization gaming licensee is authorized to

4 conduct the following at a racetrack:

5 (1) slot machine gambling;

6 (2) video game of chance gambling;

7 (3) gambling with electronic gambling games as defined

8 in this Act or defined by the Illinois Gaming Board; and

9 (4) table games.

10 (h) Subject to the approval of the Illinois Gaming Board,

11 an organization gaming licensee may make modification or

12 additions to any existing buildings and structures to comply

13 with the requirements of this Act. The Illinois Gaming Board

14 shall make its decision after consulting with the Illinois

15 Racing Board. In no case, however, shall the Illinois Gaming

16 Board approve any modification or addition that alters the

17 grounds of the organization licensee such that the act of live

18 racing is an ancillary activity to gaming authorized under

19 this Section. Gaming authorized under this Section may take

20 place in existing structures where inter-track wagering is

21 conducted at the racetrack or a facility within 300 yards of

22 the racetrack in accordance with the provisions of this Act

23 and the Illinois Horse Racing Act of 1975.

24 (i) An organization gaming licensee may conduct gaming at

25 a temporary facility pending the construction of a permanent

26 facility or the remodeling or relocation of an existing

HB5495

- 86 -

LRB103 39013 AWJ 69150 b

1 facility to accommodate gaming participants for up to 24

2 months after the temporary facility begins to conduct gaming

3 authorized under this Section. Upon request by an organization

4 gaming licensee and upon a showing of good cause by the

5 organization gaming licensee, the Board shall extend the

6 period during which the licensee may conduct gaming authorized

7 under this Section at a temporary facility by up to 12 months.

8 The Board shall make rules concerning the conduct of gaming

9 authorized under this Section from temporary facilities.

10 The gaming authorized under this Section may take place in

11 existing structures where inter-track wagering is conducted at

12 the racetrack or a facility within 300 yards of the racetrack

13 in accordance with the provisions of this Act and the Illinois

14 Horse Racing Act of 1975.

15 (i-5) Under no circumstances shall an organization gaming

16 licensee conduct gaming at any State or county fair.

17 (j) The Illinois Gaming Board must adopt emergency rules

18 in accordance with Section 5-45 of the Illinois Administrative

19 Procedure Act as necessary to ensure compliance with the

20 provisions of this amendatory Act of the 101st General

21 Assembly concerning the conduct of gaming by an organization

22 gaming licensee. The adoption of emergency rules authorized by

23 this subsection (j) shall be deemed to be necessary for the

24 public interest, safety, and welfare.

25 (k) Each organization gaming licensee who obtains gaming

26 positions must make a reconciliation payment 3 years after the

HB5495

- 87 -

LRB103 39013 AWJ 69150 b

1 date the organization gaming licensee begins operating the

2 positions in an amount equal to 75% of the difference between

3 its adjusted gross receipts from gaming authorized under this

4 Section and amounts paid to its purse accounts pursuant to

5 item (1) of subsection (b) of Section 56 of the Illinois Horse

6 Racing Act of 1975 for the 12-month period for which such

7 difference was the largest, minus an amount equal to the

8 initial per position fee paid by the organization gaming

9 licensee. If this calculation results in a negative amount,

10 then the organization gaming licensee is not entitled to any

11 reimbursement of fees previously paid. This reconciliation

12 payment may be made in installments over a period of no more

13 than 6 years.

14 All payments by licensees under this subsection (k) shall

15 be deposited into the Rebuild Illinois Projects Fund.

16 (l) As soon as practical after a request is made by the

17 Illinois Gaming Board, to minimize duplicate submissions by

18 the applicant, the Illinois Racing Board must provide

19 information on an applicant for an organization gaming license

20 to the Illinois Gaming Board.

21 (Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19;

22 101-648, eff. 6-30-20; 102-538, eff. 8-20-21.)

23 (230 ILCS 10/22) (from Ch. 120, par. 2422)

24 Sec. 22. Criminal history record information. Whenever the

25 Board is authorized or required by law, including, but not

HB5495

- 88 -

LRB103 39013 AWJ 69150 b

1 limited to, requirements under Sections 6, 7, 7.4, 7.7, and 9

2 of this Act, to consider some aspect of criminal history

3 record information for the purpose of carrying out its

4 statutory powers and responsibilities, the Board shall, in the

5 form and manner required by the Illinois State Police and the

6 Federal Bureau of Investigation, cause to be conducted a

7 criminal history record investigation to obtain any

8 information currently or thereafter contained in the files of

9 the Illinois State Police or the Federal Bureau of

10 Investigation, including, but not limited to, civil, criminal,

11 and latent fingerprint databases. To facilitate this

12 investigation, the Board shall direct each ~~Each~~ applicant for

13 ~~occupational~~ licensing under sections 6, 7, 7.4, 7.7, and

14 ~~Section~~ 9 or key person as defined by the Board in

15 administrative rules to ~~shall~~ submit his or her fingerprints

16 to the Illinois State Police in the form and manner prescribed

17 by the Illinois State Police. These fingerprints shall be

18 checked against the fingerprint records now and hereafter

19 filed in the Illinois State Police and Federal Bureau of

20 Investigation criminal history records databases, including,

21 but not limited to, civil, criminal, and latent fingerprint

22 databases. The Illinois State Police shall charge a fee for

23 conducting the criminal history records check, which shall be

24 deposited in the State Police Services Fund and shall not

25 exceed the actual cost of the records check. The Illinois

26 State Police shall provide, on the Board's request,

HB5495

- 89 -

LRB103 39013 AWJ 69150 b

1 information concerning any criminal charges, and their

2 disposition, currently or thereafter filed against any

3 applicant, key person, or holder of any license or for

4 determinations of suitability. Information obtained as a

5 result of an investigation under this Section shall be used in

6 determining eligibility for any license. Upon request and

7 payment of fees in conformance with the requirements of

8 Section 2605-400 of the Illinois State Police Law, the

9 Illinois State Police is authorized to furnish, pursuant to

10 positive identification, such information contained in State

11 files as is necessary to fulfill the request.

12 (Source: P.A. 101-597, eff. 12-6-19; 102-538, eff. 8-20-21.)

13 Section 50. The Firearm Owners Identification Card Act is

14 amended by changing Section 5 as follows

15 (430 ILCS 65/5) (from Ch. 38, par. 83-5)

16 Sec. 5. Application and renewal.

17 (a) The Illinois State Police shall either approve or deny

18 all applications within 30 days from the date they are

19 received, except as provided in subsections (b) and (c), and

20 every applicant found qualified under Section 8 of this Act by

21 the Illinois State Police shall be entitled to a Firearm

22 Owner's Identification Card upon the payment of a $10 fee and

23 applicable processing fees. The processing fees shall be

24 limited to charges by the State Treasurer for using the

HB5495

- 90 -

LRB103 39013 AWJ 69150 b

1 electronic online payment system. Any applicant who is an

2 active duty member of the Armed Forces of the United States, a

3 member of the Illinois National Guard, or a member of the

4 Reserve Forces of the United States is exempt from the

5 application fee. $5 of each fee derived from the issuance of a

6 Firearm Owner's Identification Card or renewals thereof shall

7 be deposited in the State Police Firearm Services Fund and $5

8 into the State Police Firearm ~~Revocation~~ Enforcement Fund.

9 (b) Renewal applications shall be approved or denied

10 within 60 business days, provided the applicant submitted his

11 or her renewal application prior to the expiration of his or

12 her Firearm Owner's Identification Card. If a renewal

13 application has been submitted prior to the expiration date of

14 the applicant's Firearm Owner's Identification Card, the

15 Firearm Owner's Identification Card shall remain valid while

16 the Illinois State Police processes the application, unless

17 the person is subject to or becomes subject to revocation

18 under this Act. The cost for a renewal application shall be $10

19 and may include applicable processing fees, which shall be

20 limited to charges by the State Treasurer for using the

21 electronic online payment system, which shall be deposited

22 into the State Police Firearm Services Fund.

23 (c) If the Firearm Owner's Identification Card of a

24 licensee under the Firearm Concealed Carry Act expires during

25 the term of the licensee's concealed carry license, the

26 Firearm Owner's Identification Card and the license remain

HB5495

- 91 -

LRB103 39013 AWJ 69150 b

1 valid and the licensee does not have to renew his or her

2 Firearm Owner's Identification Card during the duration of the

3 concealed carry license. Unless the Illinois State Police has

4 reason to believe the licensee is no longer eligible for the

5 card, the Illinois State Police may automatically renew the

6 licensee's Firearm Owner's Identification Card and send a

7 renewed Firearm Owner's Identification Card to the licensee.

8 (d) The Illinois State Police may adopt rules concerning

9 the use of voluntarily submitted fingerprints, as allowed by

10 State and federal law.

11 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

12 102-813, eff. 5-13-22.)

13 Section 55. The Criminal Code of 2012 is amended by

14 changing Sections 29B-7 and 29B-12 as follows:

15 (720 ILCS 5/29B-7)

16 Sec. 29B-7. Safekeeping of seized property pending

17 disposition.

18 (a) If property is seized under this Article, the seizing

19 agency shall promptly conduct an inventory of the seized

20 property and estimate the property's value and shall forward a

21 copy of the inventory of seized property and the estimate of

22 the property's value to the Director. Upon receiving notice of

23 seizure, the Director may:

24 (1) place the property under seal;

HB5495

- 92 -

LRB103 39013 AWJ 69150 b

1 (2) remove the property to a place designated by the

2 Director;

3 (3) keep the property in the possession of the seizing

4 agency;

5 (4) remove the property to a storage area for

6 safekeeping or, if the property is a negotiable instrument

7 or money and is not needed for evidentiary purposes,

8 deposit it in an interest bearing account;

9 (5) place the property under constructive seizure by

10 posting notice of pending forfeiture on it, by giving

11 notice of pending forfeiture to its owners and interest

12 holders, or by filing notice of pending forfeiture in any

13 appropriate public record relating to the property; or

14 (6) provide for another agency or custodian, including

15 an owner, secured party, or lienholder, to take custody of

16 the property upon the terms and conditions set by the

17 Director.

18 (b) When property is forfeited under this Article, the

19 Director or the Director's designee shall sell all the

20 property unless the property is required by law to be

21 destroyed or is harmful to the public and shall distribute the

22 proceeds of the sale, together with any moneys forfeited or

23 seized, under Section 29B-26 of this Article.

24 (Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)

25 (720 ILCS 5/29B-12)

HB5495

- 93 -

LRB103 39013 AWJ 69150 b

1 Sec. 29B-12. Non-judicial forfeiture. If non-real

2 property that exceeds $20,000 in value excluding the value of

3 any conveyance, or if real property is seized under the

4 provisions of this Article, the State's Attorney shall

5 institute judicial in rem forfeiture proceedings as described

6 in Section 29B-13 of this Article within 28 days from receipt

7 of notice of seizure from the seizing agency under Section

8 29B-8 of this Article. However, if non-real property that does

9 not exceed $20,000 in value excluding the value of any

10 conveyance is seized, the following procedure shall be used:

11 (1) If, after review of the facts surrounding the

12 seizure, the State's Attorney is of the opinion that the

13 seized property is subject to forfeiture, then, within 28

14 days after the receipt of notice of seizure from the

15 seizing agency, the State's Attorney shall cause notice of

16 pending forfeiture to be given to the owner of the

17 property and all known interest holders of the property in

18 accordance with Section 29B-10 of this Article.

19 (2) The notice of pending forfeiture shall include a

20 description of the property, the estimated value of the

21 property, the date and place of seizure, the conduct

22 giving rise to forfeiture or the violation of law alleged,

23 and a summary of procedures and procedural rights

24 applicable to the forfeiture action.

25 (3)(A) Any person claiming an interest in property

26 that is the subject of notice under paragraph (1) of this

HB5495

- 94 -

LRB103 39013 AWJ 69150 b

1 Section, must, in order to preserve any rights or claims

2 to the property, within 45 days after the effective date

3 of notice as described in Section 29B-10 of this Article,

4 file a verified claim with the State's Attorney expressing

5 his or her interest in the property. The claim shall set

6 forth:

7 (i) the caption of the proceedings as set forth on

8 the notice of pending forfeiture and the name of the

9 claimant;

10 (ii) the address at which the claimant will accept

11 mail;

12 (iii) the nature and extent of the claimant's

13 interest in the property;

14 (iv) the date, identity of the transferor, and

15 circumstances of the claimant's acquisition of the

16 interest in the property;

17 (v) the names and addresses of all other persons

18 known to have an interest in the property;

19 (vi) the specific provision of law relied on in

20 asserting the property is not subject to forfeiture;

21 (vii) all essential facts supporting each

22 assertion; and

23 (viii) the relief sought.

24 (B) If a claimant files the claim, then the State's

25 Attorney shall institute judicial in rem forfeiture

26 proceedings with the clerk of the court as described in

HB5495

- 95 -

LRB103 39013 AWJ 69150 b

1 Section 29B-13 of this Article within 28 days after

2 receipt of the claim.

3 (4) If no claim is filed within the 28-day period as

4 described in paragraph (3) of this Section, the State's

5 Attorney shall declare the property forfeited and shall

6 promptly notify the owner and all known interest holders

7 of the property and the Director of the Illinois State

8 Police of the declaration of forfeiture and the Director

9 or the Director's designee shall dispose of the property

10 in accordance with law.

11 (Source: P.A. 102-538, eff. 8-20-21.)

12 Section 60. The Drug Asset Forfeiture Procedure Act is

13 amended by changing Section 6 as follows:

14 (725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)

15 Sec. 6. Non-judicial forfeiture. If non-real property that

16 exceeds $150,000 in value excluding the value of any

17 conveyance, or if real property is seized under the provisions

18 of the Illinois Controlled Substances Act, the Cannabis

19 Control Act, or the Methamphetamine Control and Community

20 Protection Act, the State's Attorney shall institute judicial

21 in rem forfeiture proceedings as described in Section 9 of

22 this Act within 28 days from receipt of notice of seizure from

23 the seizing agency under Section 5 of this Act. However, if

24 non-real property that does not exceed $150,000 in value

HB5495

- 96 -

LRB103 39013 AWJ 69150 b

1 excluding the value of any conveyance is seized, the following

2 procedure shall be used:

3 (A) If, after review of the facts surrounding the

4 seizure, the State's Attorney is of the opinion that the

5 seized property is subject to forfeiture, then, within 28

6 days of the receipt of notice of seizure from the seizing

7 agency, the State's Attorney shall cause notice of pending

8 forfeiture to be given to the owner of the property and all

9 known interest holders of the property in accordance with

10 Section 4 of this Act.

11 (B) The notice of pending forfeiture must include a

12 description of the property, the estimated value of the

13 property, the date and place of seizure, the conduct

14 giving rise to forfeiture or the violation of law alleged,

15 and a summary of procedures and procedural rights

16 applicable to the forfeiture action.

17 (C)(1) Any person claiming an interest in property

18 which is the subject of notice under subsection (A) of

19 this Section may, within 45 days after the effective date

20 of notice as described in Section 4 of this Act, file a

21 verified claim with the State's Attorney expressing his or

22 her interest in the property. The claim must set forth:

23 (i) the caption of the proceedings as set forth on

24 the notice of pending forfeiture and the name of the

25 claimant;

26 (ii) the address at which the claimant will accept

HB5495

- 97 -

LRB103 39013 AWJ 69150 b

1 mail;

2 (iii) the nature and extent of the claimant's

3 interest in the property;

4 (iv) the date, identity of the transferor, and

5 circumstances of the claimant's acquisition of the

6 interest in the property;

7 (v) the names and addresses of all other persons

8 known to have an interest in the property;

9 (vi) the specific provision of law relied on in

10 asserting the property is not subject to forfeiture;

11 (vii) all essential facts supporting each

12 assertion; and

13 (viii) the relief sought.

14 (2) If a claimant files the claim then the State's

15 Attorney shall institute judicial in rem forfeiture

16 proceedings within 28 days after receipt of the claim.

17 (D) If no claim is filed within the 45-day period as

18 described in subsection (C) of this Section, the State's

19 Attorney shall declare the property forfeited and shall

20 promptly notify the owner and all known interest holders

21 of the property and the Director of the Illinois State

22 Police of the declaration of forfeiture and the Director

23 or the Director's designee shall dispose of the property

24 in accordance with law.

25 (Source: P.A. 102-538, eff. 8-20-21.)

HB5495

- 98 -

LRB103 39013 AWJ 69150 b

1 Section 65. The Unified Code of Corrections is amended by

2 changing Section 5-5.5-5 as follows:

3 (730 ILCS 5/5-5.5-5)

4 Sec. 5-5.5-5. Definition. In this Article, "eligible

5 offender" means a person who has been convicted of a crime in

6 this State or of an offense in any other jurisdiction that does

7 not include any offense or attempted offense that would

8 subject a person to registration under the Sex Offender

9 Registration Act~~, the Arsonist Registration Act,~~ or the

10 Murderer and Violent Offender Against Youth Registration Act.

11 "Eligible offender" does not include a person who has been

12 convicted of arson, aggravated arson, kidnapping, aggravated

13 kidnaping, aggravated driving under the influence of alcohol,

14 other drug or drugs, or intoxicating compound or compounds, or

15 any combination thereof, or aggravated domestic battery.

16 (Source: P.A. 99-381, eff. 1-1-16; 99-642, eff. 7-28-16.)

17 Section 70. The Arsonist Registration Act is amended by

18 changing Sections 1, 5, 10, 15, 60, and 75 as follows:

19 (730 ILCS 148/1)

20 Sec. 1. Short title. This Act may be cited as the Arsonist

21 Registry ~~Registration~~ Act.

22 (Source: P.A. 93-949, eff. 1-1-05.)

HB5495

- 99 -

LRB103 39013 AWJ 69150 b

1 (730 ILCS 148/5)

2 Sec. 5. Definitions. In this Act:

3 (a) "Arsonist" means any person who is:

4 (1) charged under Illinois law, or any substantially

5 similar federal, Uniform Code of Military Justice, sister

6 state, or foreign country law, with an arson offense, set

7 forth in subsection (b) of this Section or the attempt to

8 commit an included arson offense, and:

9 (i) is convicted of such offense or an attempt to

10 commit such offense; or

11 (ii) is found not guilty by reason of insanity of

12 such offense or an attempt to commit such offense; or

13 (iii) is found not guilty by reason of insanity

14 under subsection (c) of Section 104-25 of the Code of

15 Criminal Procedure of 1963 of such offense or an

16 attempt to commit such offense; or

17 (iv) is the subject of a finding not resulting in

18 an acquittal at a hearing conducted under subsection

19 (a) of Section 104-25 of the Code of Criminal

20 Procedure of 1963 for the alleged commission or

21 attempted commission of such offense; or

22 (v) is found not guilty by reason of insanity

23 following a hearing conducted under a federal, Uniform

24 Code of Military Justice, sister state, or foreign

25 country law substantially similar to subsection (c) of

26 Section 104-25 of the Code of Criminal Procedure of

HB5495

- 100 -

LRB103 39013 AWJ 69150 b

1 1963 of such offense or of the attempted commission of

2 such offense; or

3 (vi) is the subject of a finding not resulting in

4 an acquittal at a hearing conducted under a federal,

5 Uniform Code of Military Justice, sister state, or

6 foreign country law substantially similar to

7 subsection (a) of Section 104-25 of the Code of

8 Criminal Procedure of 1963 for the alleged violation

9 or attempted commission of such offense;

10 (2) a minor who has been tried and convicted in an

11 adult criminal prosecution as the result of committing or

12 attempting to commit an offense specified in subsection

13 (b) of this Section or a violation of any substantially

14 similar federal, Uniform Code of Military Justice, sister

15 state, or foreign country law. Convictions that result

16 from or are connected with the same act, or result from

17 offenses committed at the same time, shall be counted for

18 the purpose of this Act as one conviction. Any conviction

19 set aside under law is not a conviction for purposes of

20 this Act.

21 (b) "Arson offense" means:

22 (1) A conviction ~~violation~~ of any of the following

23 Sections of the Criminal Code of 1961 or the Criminal Code

24 of 2012:

25 (i) 20-1 (arson; residential arson; place of

26 worship arson),

HB5495

- 101 -

LRB103 39013 AWJ 69150 b

1 (ii) 20-1.1 (aggravated arson),

2 (iii) 20-1(b) or 20-1.2 (residential arson),

3 (iv) 20-1(b-5) or 20-1.3 (place of worship arson),

4 (v) 20-2 (possession of explosives or explosive or

5 incendiary devices), or

6 (vi) An attempt to commit any of the offenses

7 listed in clauses (i) through (v).

8 (2) A violation of any former law of this State

9 substantially equivalent to any offense listed in

10 subsection (b) of this Section.

11 ~~(c) A conviction for an offense of federal law, Uniform~~

12 ~~Code of Military Justice, or the law of another state or a~~

13 ~~foreign country that is substantially equivalent to any~~

14 ~~offense listed in subsection (b) of this Section shall~~

15 ~~constitute a conviction for the purpose of this Act.~~

16 ~~(d) "Law enforcement agency having jurisdiction" means the~~

17 ~~Chief of Police in each of the municipalities in which the~~

18 ~~arsonist expects to reside, work, or attend school (1) upon~~

19 ~~his or her discharge, parole or release or (2) during the~~

20 ~~service of his or her sentence of probation or conditional~~

21 ~~discharge, or the Sheriff of the county, in the event no Police~~

22 ~~Chief exists or if the offender intends to reside, work, or~~

23 ~~attend school in an unincorporated area. "Law enforcement~~

24 ~~agency having jurisdiction" includes the location where~~

25 ~~out-of-state students attend school and where out-of-state~~

26 ~~employees are employed or are otherwise required to register.~~

HB5495

- 102 -

LRB103 39013 AWJ 69150 b

1 ~~(e) "Out-of-state student" means any arsonist, as defined~~

2 ~~in this Section, who is enrolled in Illinois, on a full-time or~~

3 ~~part-time basis, in any public or private educational~~

4 ~~institution, including, but not limited to, any secondary~~

5 ~~school, trade or professional institution, or institution of~~

6 ~~higher learning.~~

7 ~~(f) "Out-of-state employee" means any arsonist, as defined~~

8 ~~in this Section, who works in Illinois, regardless of whether~~

9 ~~the individual receives payment for services performed, for a~~

10 ~~period of time of 10 or more days or for an aggregate period of~~

11 ~~time of 30 or more days during any calendar year. Persons who~~

12 ~~operate motor vehicles in the State accrue one day of~~

13 ~~employment time for any portion of a day spent in Illinois.~~

14 ~~(g) "I-CLEAR" means the Illinois Citizens and Law~~

15 ~~Enforcement Analysis and Reporting System.~~

16 (Source: P.A. 99-78, eff. 7-20-15.)

17 (730 ILCS 148/10)

18 Sec. 10. Statewide Arsonist Database ~~Duty to register~~.

19 (a) The Illinois State Police shall establish and maintain

20 a Statewide Arsonist Database for the purpose of identifying

21 arsonists and making that information available to law

22 enforcement and the general public. For every person convicted

23 of a violation of an arson offense on or after the effective

24 date of this amendatory Act of the 103rd General Assembly, the

25 Statewide Arsonist Database shall contain information relating

HB5495

- 103 -

LRB103 39013 AWJ 69150 b

1 to each arsonist. The information may include the arsonist's

2 name, date of birth, offense or offenses requiring inclusion

3 in the Statewide Arsonist Database, the conviction date and

4 county of each such offense, and such other identifying

5 information as the Illinois State Police deems necessary to

6 identify the arsonist, but shall not include the social

7 security number of the arsonist. The registry may include a

8 photograph of the arsonist.

9 (b) The Illinois State Police and State Fire Marshal must

10 make the information contained in the Statewide Arsonist

11 Database accessible on the Internet by means of a hyperlink

12 labeled "Statewide Arsonist Information" on their World Wide

13 Web home page. The Illinois State Police must update that

14 information as it deems necessary.

15 (c) The Illinois State Police may adopt rules in

16 accordance with the Illinois Administrative Procedure Act to

17 implement this Section and those rules must include procedures

18 to ensure that the information in the database is accurate,

19 and that the information in the database reflects any changes

20 based on the reversal of a conviction for an offense requiring

21 inclusion in the Statewide Arsonist Database, or a court order

22 requiring the sealing or expungement of records relating to

23 the offense. A certified copy of such an order shall be deemed

24 prima facie true and correct and shall be sufficient to

25 require the immediate amendment or removal of any person's

26 information from the Statewide Arsonist Database by the

HB5495

- 104 -

LRB103 39013 AWJ 69150 b

1 Illinois State Police.

2 ~~An arsonist shall, within the time period prescribed in~~

3 ~~subsections (b) and (c), register in person and provide~~

4 ~~accurate information as required by the Illinois State Police.~~

5 ~~Such information shall include current address, current place~~

6 ~~of employment, and school attended. The arsonist shall~~

7 ~~register:~~

8 ~~(1) with the chief of police in each of the~~

9 ~~municipalities in which he or she attends school, is~~

10 ~~employed, resides or is temporarily domiciled for a period~~

11 ~~of time of 10 or more days, unless the municipality is the~~

12 ~~City of Chicago, in which case he or she shall register at~~

13 ~~a fixed location designated by the Superintendent of the~~

14 ~~Chicago Police Department; or~~

15 ~~(2) with the sheriff in each of the counties in which~~

16 ~~he or she attends school, is employed, resides or is~~

17 ~~temporarily domiciled in an unincorporated area or, if~~

18 ~~incorporated, no police chief exists. For purposes of this~~

19 ~~Act, the place of residence or temporary domicile is~~

20 ~~defined as any and all places where the arsonist resides~~

21 ~~for an aggregate period of time of 10 or more days during~~

22 ~~any calendar year. The arsonist shall provide accurate~~

23 ~~information as required by the Illinois State Police. That~~

24 ~~information shall include the arsonist's current place of~~

25 ~~employment.~~

26 ~~(a-5) An out-of-state student or out-of-state employee~~

HB5495

- 105 -

LRB103 39013 AWJ 69150 b

1 ~~shall, within 10 days after beginning school or employment in~~

2 ~~this State, register in person and provide accurate~~

3 ~~information as required by the Illinois State Police. Such~~

4 ~~information must include current place of employment, school~~

5 ~~attended, and address in state of residence:~~

6 ~~(1) with the chief of police in each of the~~

7 ~~municipalities in which he or she attends school or is~~

8 ~~employed for a period of time of 10 or more days or for an~~

9 ~~aggregate period of time of more than 30 days during any~~

10 ~~calendar year, unless the municipality is the City of~~

11 ~~Chicago, in which case he or she shall register at a fixed~~

12 ~~location designated by the Superintendent of the Chicago~~

13 ~~Police Department; or~~

14 ~~(2) with the sheriff in each of the counties in which~~

15 ~~he or she attends school or is employed for a period of~~

16 ~~time of 10 or more days or for an aggregate period of time~~

17 ~~of more than 30 days during any calendar year in an~~

18 ~~unincorporated area or, if incorporated, no police chief~~

19 ~~exists. The out-of-state student or out-of-state employee~~

20 ~~shall provide accurate information as required by the~~

21 ~~Illinois State Police. That information shall include the~~

22 ~~out-of-state student's current place of school attendance~~

23 ~~or the out-of-state employee's current place of~~

24 ~~employment.~~

25 ~~(b) An arsonist as defined in Section 5 of this Act,~~

26 ~~regardless of any initial, prior, or other registration,~~

HB5495

- 106 -

LRB103 39013 AWJ 69150 b

1 ~~shall, within 10 days of beginning school, or establishing a~~

2 ~~residence, place of employment, or temporary domicile in any~~

3 ~~county, register in person as set forth in subsection (a) or~~

4 ~~(a-5).~~

5 ~~(c) The registration for any person required to register~~

6 ~~under this Act shall be as follows:~~

7 ~~(1) Except as provided in paragraph (3) of this~~

8 ~~subsection (c), any person who has not been notified of~~

9 ~~his or her responsibility to register shall be notified by~~

10 ~~a criminal justice entity of his or her responsibility to~~

11 ~~register. Upon notification the person must then register~~

12 ~~within 10 days of notification of his or her requirement~~

13 ~~to register. If notification is not made within the~~

14 ~~offender's 10 year registration requirement, and the~~

15 ~~Illinois State Police determines no evidence exists or~~

16 ~~indicates the offender attempted to avoid registration,~~

17 ~~the offender will no longer be required to register under~~

18 ~~this Act.~~

19 ~~(2) Except as provided in paragraph (3) of this~~

20 ~~subsection (c), any person convicted on or after the~~

21 ~~effective date of this Act shall register in person within~~

22 ~~10 days after the entry of the sentencing order based upon~~

23 ~~his or her conviction.~~

24 ~~(3) Any person unable to comply with the registration~~

25 ~~requirements of this Act because he or she is confined,~~

26 ~~institutionalized, or imprisoned in Illinois on or after~~

HB5495

- 107 -

LRB103 39013 AWJ 69150 b

1 ~~the effective date of this Act shall register in person~~

2 ~~within 10 days of discharge, parole or release.~~

3 ~~(4) The person shall provide positive identification~~

4 ~~and documentation that substantiates proof of residence at~~

5 ~~the registering address.~~

6 ~~(5) The person shall pay a $10 initial registration~~

7 ~~fee and a $5 annual renewal fee. The fees shall be used by~~

8 ~~the registering agency for official purposes. The agency~~

9 ~~shall establish procedures to document receipt and use of~~

10 ~~the funds. The law enforcement agency having jurisdiction~~

11 ~~may waive the registration fee if it determines that the~~

12 ~~person is indigent and unable to pay the registration fee.~~

13 ~~(d) Within 10 days after obtaining or changing employment,~~

14 ~~a person required to register under this Section must report,~~

15 ~~in person or in writing to the law enforcement agency having~~

16 ~~jurisdiction, the business name and address where he or she is~~

17 ~~employed. If the person has multiple businesses or work~~

18 ~~locations, every business and work location must be reported~~

19 ~~to the law enforcement agency having jurisdiction.~~

20 (Source: P.A. 102-538, eff. 8-20-21.)

21 (730 ILCS 148/15)

22 Sec. 15. Conviction information ~~Discharge of arsonist from~~

23 ~~penal institution~~.

24 (a) Within 60 days after the effective date of this

25 amendatory Act of the 103rd General Assembly, each circuit

HB5495

- 108 -

LRB103 39013 AWJ 69150 b

1 clerk shall forward monthly to the Illinois State Police a

2 copy of the judgment for each and all persons convicted of an

3 offense within the definition of arson offense, as defined in

4 Section 5 of this Act, during the previous month.

5 (b) Within 120 days after the effective date of this

6 amendatory Act of the 103rd General Assembly, the Director of

7 Corrections shall forward to the Illinois State Police a list

8 of all persons incarcerated or on mandatory supervised

9 release, who have been convicted of an offense within the

10 definition of arson offense, as defined in Section 5 of this

11 Act. ~~Any arsonist who is discharged, paroled or released from~~

12 ~~a Department of Corrections facility, a facility where such~~

13 ~~person was placed by the Department of Corrections or another~~

14 ~~penal institution, and whose liability for registration has~~

15 ~~not terminated under Section 45 shall, within 10 days prior to~~

16 ~~discharge, parole, or release from the facility or~~

17 ~~institution, be informed of his or her duty to register in~~

18 ~~person under this Act by the facility or institution in which~~

19 ~~he or she was confined. The facility or institution shall also~~

20 ~~inform any person who must register that if he or she~~

21 ~~establishes a residence outside of the State of Illinois, is~~

22 ~~employed outside of the State of Illinois, or attends school~~

23 ~~outside of the State of Illinois, he or she must register in~~

24 ~~the new state within 10 days after establishing the residence,~~

25 ~~beginning employment, or beginning school. The facility shall~~

26 ~~require the person to read and sign such form as may be~~

HB5495

- 109 -

LRB103 39013 AWJ 69150 b

1 ~~required by the Illinois State Police stating that the duty to~~

2 ~~register and the procedure for registration has been explained~~

3 ~~to him or her and that he or she understands the duty to~~

4 ~~register and the procedure for registration. The facility~~

5 ~~shall further advise the person in writing that the failure to~~

6 ~~register or other violation of this Act shall result in~~

7 ~~revocation of parole, mandatory supervised release or~~

8 ~~conditional release. The facility shall obtain information~~

9 ~~about where the person expects to reside, work, and attend~~

10 ~~school upon his or her discharge, parole or release and shall~~

11 ~~report the information to the Illinois State Police. The~~

12 ~~facility shall give one copy of the form to the person and~~

13 ~~shall send one copy to each of the law enforcement agencies~~

14 ~~having jurisdiction where the person expects to reside, work,~~

15 ~~and attend school upon his or her discharge, parole or release~~

16 ~~and retain one copy for the files. Electronic data files that~~

17 ~~include all notification form information and photographs of~~

18 ~~arsonists being released from an Illinois Department of~~

19 ~~Corrections facility shall be shared on a regular basis as~~

20 ~~determined between the Illinois State Police and the~~

21 ~~Department of Corrections.~~

22 (Source: P.A. 102-538, eff. 8-20-21.)

23 (730 ILCS 148/60)

24 Sec. 60. Public inspection of registry ~~registration data~~.

25 (a) Except as otherwise provided in subsection (b), the

HB5495

- 110 -

LRB103 39013 AWJ 69150 b

1 statements or any other information required by this Act shall

2 not be open to inspection by the public, or by any person other

3 than by a law enforcement officer or other individual as may be

4 authorized by law and shall include law enforcement agencies

5 of this State, any other state, or of the federal government.

6 Similar information may be requested from any law enforcement

7 agency of another state or of the federal government for

8 purposes of this Act. It is a Class B misdemeanor to permit the

9 unauthorized release of any information required by this Act.

10 (b) The Illinois State Police shall furnish to the Office

11 of the State Fire Marshal the registry ~~registration~~

12 information concerning persons covered ~~who are required to~~

13 ~~register~~ under this Act. The Office of the State Fire Marshal

14 shall establish and maintain a Statewide Arsonist Database for

15 the purpose of making that information available to the public

16 on the Internet by means of a hyperlink labeled "Arsonist

17 Information" on the Office of the State Fire Marshal's

18 website.

19 (Source: P.A. 102-538, eff. 8-20-21.)

20 (730 ILCS 148/75)

21 Sec. 75. Access to State of Illinois databases. The

22 Illinois State Police shall have access to State of Illinois

23 databases containing information that may help in the

24 identification or location of persons covered ~~required to~~

25 ~~register~~ under this Act. Interagency agreements shall be

HB5495

- 111 -

LRB103 39013 AWJ 69150 b

1 implemented, consistent with security and procedures

2 established by the State agency and consistent with the laws

3 governing the confidentiality of the information in the

4 databases. Information shall be used only for administration

5 of this Act.

6 (Source: P.A. 102-538, eff. 8-20-21.)

7 (730 ILCS 148/20 rep.)

8 (730 ILCS 148/25 rep.)

9 (730 ILCS 148/30 rep.)

10 (730 ILCS 148/35 rep.)

11 (730 ILCS 148/40 rep.)

12 (730 ILCS 148/45 rep.)

13 (730 ILCS 148/50 rep.)

14 (730 ILCS 148/55 rep.)

15 (730 ILCS 148/65 rep.)

16 (730 ILCS 148/70 rep.)

17 (730 ILCS 148/80 rep.)

18 Section 75. The Arsonist Registration Act is amended by

19 repealing Sections 20, 25, 30, 35, 40, 45, 50, 55, 65, 70, and

20 80.

21 Section 80. The Code of Civil Procedure is amended by

22 changing Sections 21-101 and 21-102 as follows:

23 (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)

HB5495

- 112 -

LRB103 39013 AWJ 69150 b

1 Sec. 21-101. Proceedings; parties.

2 (a) If any person who is a resident of this State and has

3 resided in this State for 6 months desires to change his or her

4 name and to assume another name by which to be afterwards

5 called and known, the person may file a petition requesting

6 that relief in the circuit court of the county wherein he or

7 she resides.

8 (b) A person who has been convicted of any offense for

9 which a person is required to register under the Sex Offender

10 Registration Act or ~~,~~ the Murderer and Violent Offender Against

11 Youth Registration Act~~, or the Arsonist Registration Act~~ in

12 this State or any other state and who has not been pardoned is

13 not permitted to file a petition for a name change in the

14 courts of this State during the period that the person is

15 required to register, unless that person verifies under oath,

16 as provided under Section 1-109, that the petition for the

17 name change is due to marriage, religious beliefs, status as a

18 victim of trafficking or gender-related identity as defined by

19 the Illinois Human Rights Act. A judge may grant or deny the

20 request for legal name change filed by such persons. Any such

21 persons granted a legal name change shall report the change to

22 the law enforcement agency having jurisdiction of their

23 current registration pursuant to the Duty to Report

24 requirements specified in ~~Section 35 of the Arsonist~~

25 ~~Registration Act,~~ Section 20 of the Murderer and Violent

26 Offender Against Youth Registration Act~~,~~ and Section 6 of the

HB5495

- 113 -

LRB103 39013 AWJ 69150 b

1 Sex Offender Registration Act. For the purposes of this

2 subsection, a person will not face a felony charge if the

3 person's request for legal name change is denied without proof

4 of perjury.

5 (b-1) A person who has been convicted of a felony offense

6 in this State or any other state and whose sentence has not

7 been completed, terminated, or discharged is not permitted to

8 file a petition for a name change in the courts of this State

9 unless that person is pardoned for the offense.

10 (c) A petitioner may include his or her spouse and adult

11 unmarried children, with their consent, and his or her minor

12 children where it appears to the court that it is for their

13 best interest, in the petition and relief requested, and the

14 court's order shall then include the spouse and children.

15 Whenever any minor has resided in the family of any person for

16 the space of 3 years and has been recognized and known as an

17 adopted child in the family of that person, the application

18 herein provided for may be made by the person having that minor

19 in his or her family.

20 An order shall be entered as to a minor only if the court

21 finds by clear and convincing evidence that the change is

22 necessary to serve the best interest of the child. In

23 determining the best interest of a minor child under this

24 Section, the court shall consider all relevant factors,

25 including:

26 (1) The wishes of the child's parents and any person

HB5495

- 114 -

LRB103 39013 AWJ 69150 b

1 acting as a parent who has physical custody of the child.

2 (2) The wishes of the child and the reasons for those

3 wishes. The court may interview the child in chambers to

4 ascertain the child's wishes with respect to the change of

5 name. Counsel shall be present at the interview unless

6 otherwise agreed upon by the parties. The court shall

7 cause a court reporter to be present who shall make a

8 complete record of the interview instantaneously to be

9 part of the record in the case.

10 (3) The interaction and interrelationship of the child

11 with his or her parents or persons acting as parents who

12 have physical custody of the child, step-parents,

13 siblings, step-siblings, or any other person who may

14 significantly affect the child's best interest.

15 (4) The child's adjustment to his or her home, school,

16 and community.

17 (d) If it appears to the court that the conditions and

18 requirements under this Article have been complied with and

19 that there is no reason why the relief requested should not be

20 granted, the court, by an order to be entered of record, may

21 direct and provide that the name of that person be changed in

22 accordance with the relief requested in the petition. If the

23 circuit court orders that a name change be granted to a person

24 who has been adjudicated or convicted of a felony or

25 misdemeanor offense under the laws of this State or any other

26 state for which a pardon has not been granted, or has an arrest

HB5495

- 115 -

LRB103 39013 AWJ 69150 b

1 for which a charge has not been filed or a pending charge on a

2 felony or misdemeanor offense, a copy of the order, including

3 a copy of each applicable access and review response, shall be

4 forwarded to the Illinois State Police. The Illinois State

5 Police shall update any criminal history transcript or

6 offender registration of each person 18 years of age or older

7 in the order to include the change of name as well as his or

8 her former name.

9 (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;

10 revised 12-15-23.)

11 (735 ILCS 5/21-102) (from Ch. 110, par. 21-102)

12 Sec. 21-102. Petition; update criminal history transcript.

13 (a) The petition shall be a statewide standardized form

14 approved by the Illinois Supreme Court and shall set forth the

15 name then held, the name sought to be assumed, the residence of

16 the petitioner, the length of time the petitioner has resided

17 in this State, and the state or country of the petitioner's

18 nativity or supposed nativity. The petition shall include a

19 statement, verified under oath as provided under Section 1-109

20 of this Code, whether or not the petitioner or any other person

21 18 years of age or older who will be subject to a change of

22 name under the petition if granted: (1) has been adjudicated

23 or convicted of a felony or misdemeanor offense under the laws

24 of this State or any other state for which a pardon has not

25 been granted; or (2) has an arrest for which a charge has not

HB5495

- 116 -

LRB103 39013 AWJ 69150 b

1 been filed or a pending charge on a felony or misdemeanor

2 offense. The petition shall be signed by the person

3 petitioning or, in case of minors, by the parent or guardian

4 having the legal custody of the minor.

5 (b) If the statement provided under subsection (a) of this

6 Section indicates the petitioner or any other person 18 years

7 of age or older who will be subject to a change of name under

8 the petition, if granted, has been adjudicated or convicted of

9 a felony or misdemeanor offense under the laws of this State or

10 any other state for which a pardon has not been granted, or has

11 an arrest for which a charge has not been filed or a pending

12 charge on a felony or misdemeanor offense, the State's

13 Attorney may request the court to or the court may on its own

14 motion, require the person, prior to a hearing on the

15 petition, to initiate an update of his or her criminal history

16 transcript with the Illinois State Police. The Illinois State

17 Police ~~Department~~ shall allow a person to use the Access and

18 Review process, established by rule in the Illinois State

19 Police ~~Department~~, for this purpose. Upon completion of the

20 update of the criminal history transcript, the petitioner

21 shall file confirmation of each update with the court, which

22 shall seal the records from disclosure outside of court

23 proceedings on the petition.

24 (c) Any petition filed under subsection (a) shall include

25 the following: "WARNING: If you are required to register under

26 the Sex Offender Registration Act or ~~,~~ the Murderer and Violent

HB5495

- 117 -

LRB103 39013 AWJ 69150 b

1 Offender Against Youth Registration Act~~, or the Arsonist~~

2 ~~Registration Act~~ in this State or a similar law in any other

3 state and have not been pardoned, you will be committing a

4 felony under those respective Acts by seeking a change of name

5 during the registration period UNLESS your request for legal

6 name change is due to marriage, religious beliefs, status as a

7 victim of trafficking or gender related identity as defined by

8 the Illinois Human Rights Act.".

9 (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;

10 revised 12-15-23.)

11 Section 999. Effective date. This Act takes effect July 1,

12 2024.

HB5495

- 118 -

LRB103 39013 AWJ 69150 b

1 INDEX

2 Statutes amended in order of appearance

3 5 ILCS 810/10

4 20 ILCS 2605/2605-605

5 20 ILCS 2605/2605-378 rep.

6 20 ILCS 2630/5.2

7 20 ILCS 4005/8.6

8 30 ILCS 105/5.946

9 30 ILCS 105/5.963

10 30 ILCS 105/6z-106

11 30 ILCS 105/6z-125

12 30 ILCS 105/6z-127

13 105 ILCS 5/10-27.1A

14 105 ILCS 5/10-27.1B

15 215 ILCS 5/500-135

16 230 ILCS 10/7.7

17 230 ILCS 10/22 from Ch. 120, par. 2422

18 430 ILCS 65/5 from Ch. 38, par. 83-5

19 720 ILCS 5/29B-7

20 720 ILCS 5/29B-12

21 725 ILCS 150/6 from Ch. 56 1/2, par. 1676

22 730 ILCS 5/5-5.5-5

23 730 ILCS 148/1

24 730 ILCS 148/5

25 730 ILCS 148/10

HB5495

- 119 -

LRB103 39013 AWJ 69150 b