Public Act 103-0609

HB5495 Enrolled LRB103 39013 AWJ 69150 b

AN ACT concerning State government.

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

represented in the General Assembly:

Section 5. The Seizure and Forfeiture Reporting Act is

amended by changing Section 10 as follows:

(5 ILCS 810/10)

Sec. 10. Reporting by law enforcement agency.

(a) Each law enforcement agency that seizes property

subject to reporting under this Act shall report the following

information about property seized or forfeited under State

law:

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

the property;

(2) the date of the seizure;

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

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

except reporting is not required for seizures of

contraband including alcohol, gambling devices, drug

paraphernalia, and controlled substances;

(4) a description of the property seized and the

estimated value of the property and if the property is a

conveyance, the description shall include the make, model,

year, and vehicle identification number or serial number;

and

(5) the location where the seizure occurred.

The filing requirement shall be met upon filing Illinois

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

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

forfeiture action is being commenced or with the Attorney

General's Office if the forfeiture action is being commenced

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

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

Office to the Illinois State Police Asset Forfeiture Section.

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

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

an annual summary report with the Illinois State Police no

later than 60 days after December 31 of that year.

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

force or Metropolitan Enforcement Group (MEG) unit, that

receives proceeds from forfeitures subject to reporting under

this Act shall file an annual report with the Illinois State

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

The format of the report shall be developed by the Illinois

State Police and shall be completed by the law enforcement

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

funds and other property distributed to the law enforcement

agency by the Illinois State Police, the amount of funds

expended by the law enforcement agency, and the category of

expenditure, including:

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

programs;

(2) compensation or services for crime victims;

(3) witness protection, informant fees, and controlled

purchases of contraband;

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

law;

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

capital expenditures for vehicles, firearms, equipment,

computers, furniture, office supplies, postage, printing,

membership fees paid to trade associations, and fees for

professional services including auditing, court reporting,

expert witnesses, and attorneys;

(6) travel, meals, entertainment, conferences,

training, and continuing education seminars; and

(7) other expenditures of forfeiture proceeds.

(c) The Illinois State Police shall establish and maintain

on its official website a public database that includes annual

aggregate data for each law enforcement agency that reports

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

that receives distributions of forfeiture proceeds subject to

reporting under this Act, or reports expenditures under

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

include, for each law enforcement agency:

(1) the total number of asset seizures reported by

each law enforcement agency during the calendar year;

(2) the monetary value of all currency or its

equivalent seized by the law enforcement agency during the

calendar year;

(3) the number of conveyances seized by the law

enforcement agency during the calendar year, and the

aggregate estimated value;

(4) the aggregate estimated value of all other

property seized by the law enforcement agency during the

calendar year;

(5) the monetary value of distributions by the

Illinois State Police of forfeited currency or auction

proceeds from forfeited property to the law enforcement

agency during the calendar year; and

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

expenditures of forfeiture proceeds during the calendar

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

Section.

The database shall not provide names, addresses, phone

numbers, or other personally identifying information of owners

or interest holders, persons, business entities, covert office

locations, or business entities involved in the forfeiture

action and shall not disclose the vehicle identification

number or serial number of any conveyance.

(d) The Illinois State Police shall adopt rules to

administer the asset forfeiture program, including the

categories of authorized expenditures consistent with the

statutory guidelines for each of the included forfeiture

statutes, the use of forfeited funds, other expenditure

requirements, and the reporting of seizure and forfeiture

information. The Illinois State Police may adopt rules

necessary to implement this Act through the use of emergency

rulemaking under Section 5-45 of the Illinois Administrative

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

effective date of this Act.

(e) The Illinois State Police shall have authority and

oversight over all law enforcement agencies receiving

forfeited funds from the Illinois State Police. This authority

shall include enforcement of rules and regulations adopted by

the Illinois State Police and sanctions for violations of any

rules and regulations, including the withholding of

distributions of forfeiture proceeds from the law enforcement

agency in violation.

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

Illinois State Police, the reporting of a particular asset

forfeited under this Section may be delayed if the asset in

question was seized from a person who has become a

confidential informant under the agency's confidential

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

ongoing investigation. This delayed reporting shall be granted

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

if the confidential informant is still providing cooperation

to law enforcement or the investigation is still ongoing,

after which the asset shall be reported as required under this

Act.

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

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

In order to implement the reporting and public database

requirements under this Act, the Illinois State Police Asset

Forfeiture Section requires a one-time upgrade of its

information technology software and hardware. This one-time

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

forfeited currency and 5% of the auction proceeds from each

forfeited asset, which are to be distributed after the

effective date of this Act. The Illinois State Police shall

transfer these funds at the time of distribution to a separate

fund established by the Illinois State Police. Moneys

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

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

installing the hardware and software required to comply with

this new reporting and public database requirement. Moneys

deposited in the fund shall not be subject to reappropriation,

reallocation, or redistribution for any other purpose. After

sufficient funds are transferred to the fund to cover the

actual one-time cost of purchasing and installing the hardware

and software required to comply with this new reporting and

public database requirement, no additional funds shall be

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

the one-time upgrade of the information technology hardware

and software to comply with this new reporting and public

database requirement, any remaining funds in the fund shall be

returned to the participating agencies under the distribution

requirements of the statutes from which the funds were

transferred, and the fund shall no longer exist.

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

subject to the approval of the Chief Procurement Officer, may

procure a single contract or multiple contracts to implement

this Act.

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

not subject to the Illinois Procurement Code, except for

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

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

writing with justification, waive any certification required

under Article 50 of the Illinois Procurement Code. The

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

are inoperative on and after July 1, 2019.

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

Section 10. The Illinois State Police Law of the Civil

Administrative Code of Illinois is amended by changing

Sections 2605-35, 2605-40, 2605-605, and 2605-615 as follows:

(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)

Sec. 2605-35. Division of Criminal Investigation.

(a) The Division of Criminal Investigation shall exercise

the following functions and those in Section 2605-30:

(1) Exercise the rights, powers, and duties vested by

law in the Illinois State Police by the Illinois Horse

Racing Act of 1975, including those set forth in Section

2605-215.

(2) Investigate the origins, activities, personnel,

and incidents of crime and enforce the criminal laws of

this State related thereto.

(3) Enforce all laws regulating the production, sale,

prescribing, manufacturing, administering, transporting,

having in possession, dispensing, delivering,

distributing, or use of controlled substances and

cannabis.

(4) Cooperate with the police of cities, villages, and

incorporated towns and with the police officers of any

county in enforcing the laws of the State and in making

arrests and recovering property.

(5) Apprehend and deliver up any person charged in

this State or any other state with treason or a felony or

other crime who has fled from justice and is found in this

State.

(6) Investigate recipients and providers under the

Illinois Public Aid Code and any personnel involved in the

administration of the Code who are suspected of any

violation of the Code pertaining to fraud in the

administration, receipt, or provision of assistance and

pertaining to any violation of criminal law; and exercise

the functions required under Section 2605-220 in the

conduct of those investigations.

(7) Conduct other investigations as provided by law,

including, but not limited to, investigations of human

trafficking, illegal drug trafficking, illegal firearms

trafficking, and cyber crimes that can be investigated and

prosecuted in Illinois.

(8) Investigate public corruption.

(9) Exercise other duties that may be assigned by the

Director in order to fulfill the responsibilities and

achieve the purposes of the Illinois State Police, which

may include the coordination of gang, terrorist, and

organized crime prevention, control activities, and

assisting local law enforcement in their crime control

activities.

(10) Conduct investigations (and cooperate with

federal law enforcement agencies in the investigation) of

any property-related crimes, such as money laundering,

involving individuals or entities listed on the sanctions

list maintained by the U.S. Department of Treasury's

Office of Foreign Asset Control.

(11) Oversee Illinois State Police special weapons and

tactics (SWAT) teams, including law enforcement response

to weapons of mass destruction.

(12) Oversee Illinois State Police air operations.

(13) Investigate criminal domestic terrorism

incidents, and otherwise deter all criminal threats to

Illinois.

(a-5) The Division of Criminal Investigation shall gather

information, intelligence, and evidence to facilitate the

identification, apprehension, and prosecution of persons

responsible for committing crime; to provide specialized

intelligence and analysis, investigative, tactical, and

technological services in support of law enforcement

operations throughout the State of Illinois; and to oversee

and operate the statewide criminal intelligence fusion center.

(b) (Blank).

(b-5) The Division of Criminal Investigation shall

cooperate and liaise with all federal law enforcement and

other partners on criminal investigations, intelligence,

information sharing, and national security planning and

response.

(c) The Division of Criminal Investigation shall provide

statewide coordination and strategy pertaining to

firearm-related intelligence, firearms trafficking

interdiction, and investigations reaching across all divisions

of the Illinois State Police, including providing crime gun

intelligence support for suspects and firearms involved in

firearms trafficking or the commission of a crime involving

firearms that is investigated by the Illinois State Police and

other federal, State, and local law enforcement agencies, with

the objective of reducing and preventing illegal possession

and use of firearms, firearms trafficking, firearm-related

homicides, and other firearm-related violent crimes in

Illinois.

(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;

102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23; 103-34, eff.

1-1-24.)

(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)

Sec. 2605-40. Division of Forensic Services. The Division

of Forensic Services shall exercise the following functions:

(1) Provide crime scene services and traffic crash

reconstruction and examine digital evidence.

(2) Exercise the rights, powers, and duties vested by

law in the Illinois State Police by Section 2605-300 of

this Law.

(3) Provide assistance to local law enforcement

agencies through training, management, and consultant

services.

(4) (Blank).

(5) Exercise other duties that may be assigned by the

Director in order to fulfill the responsibilities and

achieve the purposes of the Illinois State Police.

(6) Establish and operate a forensic science

laboratory system, including a forensic toxicological

laboratory service, for the purpose of testing specimens

submitted by coroners and other law enforcement officers

in their efforts to determine whether alcohol, drugs, or

poisonous or other toxic substances have been involved in

deaths, accidents, or illness. Forensic laboratories shall

be established in Springfield, Chicago, and elsewhere in

the State as needed.

(6.5) Establish administrative rules in order to set

forth standardized requirements for the disclosure of

toxicology results and other relevant documents related to

a toxicological analysis. These administrative rules are

to be adopted to produce uniform and sufficient

information to allow a proper, well-informed determination

of the admissibility of toxicology evidence and to ensure

that this evidence is presented competently. These

administrative rules are designed to provide a minimum

standard for compliance of toxicology evidence and are not

intended to limit the production and discovery of material

information.

(7) Subject to specific appropriations made for these

purposes, establish and coordinate a system for providing

accurate and expedited forensic science and other

investigative and laboratory services to local law

enforcement agencies and local State's Attorneys in aid of

the investigation and trial of capital cases.

(8) Exercise the rights, powers, and duties vested by

law in the Illinois State Police under the Sexual Assault

Evidence Submission Act.

(9) Serve as the State central repository for all

genetic marker grouping analysis information and exercise

the rights, powers, and duties vested by law in the

Illinois State Police under Section 5-4-3 of the Unified

Code of Corrections.

(10) Issue reports required under Section 5-4-3a of

the Unified Code of Corrections.

(11) Oversee the Electronic Laboratory Information

Management System under Section 5-4-3b of the Unified Code

of Corrections.

(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;

103-34, eff. 1-1-24.)

(20 ILCS 2605/2605-605)

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

Director of the Illinois State Police shall establish a

statewide multi-jurisdictional Violent Crime Intelligence Task

Force led by the Illinois State Police dedicated to combating

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

the primary mission of preservation of life and reducing the

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

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

preventing illegal possession and use of firearms,

firearm-related homicides, and other violent crimes, and

solving firearm-related crimes.

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

training, tools, and resources necessary to implement a

data-driven approach to policing, with an emphasis on

intelligence development.

(2) The Task Force may utilize information sharing,

partnerships, crime analysis, and evidence-based practices to

assist in the reduction of firearm-related shootings,

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

ballistic data, eTrace data, DNA evidence, latent

fingerprints, firearm training data, and National Integrated

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

design a model crime gun intelligence strategy which may

include, but is not limited to, comprehensive collection and

documentation of all ballistic evidence, timely transfer of

NIBIN and eTrace leads to an intelligence center, which may

include the Division of Criminal Investigation of the Illinois

State Police, timely dissemination of intelligence to

investigators, investigative follow-up, and coordinated

prosecution.

(3) The Task Force may recognize and utilize best

practices of community policing and may develop potential

partnerships with faith-based and community organizations to

achieve its goals.

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

in drug-diversion programs and other community-based services

to redirect low-level offenders.

(5) The Task Force may assist in violence suppression

strategies including, but not limited to, details in

identified locations that have shown to be the most prone to

gun violence and violent crime, focused deterrence against

violent gangs and groups considered responsible for the

violence in communities, and other intelligence driven methods

deemed necessary to interrupt cycles of violence or prevent

retaliation.

(6) In consultation with the Chief Procurement Officer,

the Illinois State Police may obtain contracts for software,

commodities, resources, and equipment to assist the Task Force

with achieving this Act. Any contracts necessary to support

the delivery of necessary software, commodities, resources,

and equipment are not subject to the Illinois Procurement

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

Article 50 of that Code, provided that the Chief Procurement

Officer may, in writing with justification, waive any

certification required under Article 50 of the Illinois

Procurement Code.

(7) The Task Force shall conduct enforcement operations

against persons whose Firearm Owner's Identification Cards

have been revoked or suspended and persons who fail to comply

with the requirements of Section 9.5 of the Firearm Owners

Identification Card Act, prioritizing individuals presenting a

clear and present danger to themselves or to others under

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

Owners Identification Card Act.

(8) The Task Force shall collaborate with local law

enforcement agencies to enforce provisions of the Firearm

Owners Identification Card Act, the Firearm Concealed Carry

Act, the Firearm Dealer License Certification Act, and Article

24 of the Criminal Code of 2012.

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

Illinois State Police may establish intergovernmental

agreements with law enforcement agencies in accordance with

the Intergovernmental Cooperation Act.

(10) Law enforcement agencies that participate in

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

to the Illinois State Police for grants from the State Police

Firearm Revocation Enforcement Fund.

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

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

(20 ILCS 2605/2605-615)

Sec. 2605-615. Illinois Forensic Science Commission.

(a) Creation. There is created within the Illinois State

Police the Illinois Forensic Science Commission.

(b) Duties and purpose. The Commission shall:

(1) Provide guidance to ensure the efficient delivery

of forensic services and the sound practice of forensic

science.

(2) Provide a forum for discussions between forensic

science stakeholders to improve communication and

coordination and to monitor the important issues impacting

all stakeholders.

(3) Take a systems-based approach in reviewing all

aspects of the delivery of forensic services and the sound

practice of forensic science with the goal of reducing or

eliminating the factors and inefficiencies that contribute

to backlogs and errors, with a focus on education and

training, funding, hiring, procurement, and other aspects

identified by the Commission.

(4) Review significant non-conformities with the sound

practice of forensic science documented by each publicly

funded ISO 17025 accredited forensic laboratory and offer

recommendations for the correction thereof.

(5) Subject to appropriation, provide educational,

research, and professional training opportunities for

practicing forensic scientists, police officers, judges,

State's Attorneys and Assistant State's Attorneys, Public

Defenders, and defense attorneys comporting with the sound

practice of forensic science.

(6) Collect and analyze information related to the

impact of current laws, rules, policies, and practices on

forensic crime laboratories and the practice of forensic

science; evaluate the impact of those laws, rules,

policies, and practices on forensic crime laboratories and

the practice of forensic science; identify new policies

and approaches, together with changes in science, and

technology; and make recommendations for changes to those

laws, rules, policies, and practices that will yield

better results in the criminal justice system consistent

with the sound practice of forensic science.

(7) Perform such other studies or tasks pertaining to

forensic crime laboratories as may be requested by the

General Assembly by resolution or the Governor, and

perform such other functions as may be required by law or

as are necessary to carry out the purposes and goals of the

Commission prescribed in this Section.

(8) Ensure that adequate resources and facilities are

available for carrying out the changes proposed in

legislation, rules, or policies and that rational

priorities are established for the use of those resources.

To do so, the Commission may prepare statements to the

Governor and General Assembly identifying the fiscal and

practical effects of proposed legislation, rules, or

policy changes. Such statements may include, but are not

limited to: the impact on present levels of staffing and

resources; a professional opinion on the practical value

of the change or changes; the increase or decrease the

number of crime laboratories; the increase or decrease the

cost of operating crime laboratories; the impact on

efficiencies and caseloads; other information, including

but not limited to, facts, data, research, and science

relevant to the legislation, rule, or policy; the direct

or indirect alteration in any process involving or used by

crime laboratories of such proposed legislation, rules, or

policy changes; an analysis of the impact, either directly

or indirectly, on the technology, improvements, or

practices of forensic analyses for use in criminal

proceedings; together with the direct or indirect impact

on headcount, space, equipment, instruments,

accreditation, the volume of cases for analysis,

scientific controls, and quality assurance.

(c) Members. The Commission shall be composed of the

Director of the Illinois State Police, or his or her designee,

together with the following members appointed for a term of 4

years by the Governor with the advice and consent of the

Senate:

(1) One crime laboratory director or administrator

from each publicly funded ISO 17025 accredited forensic

laboratory system.

(2) One member with experience in the admission of

forensic evidence in trials from a statewide association

representing prosecutors.

(3) One member with experience in the admission of

forensic evidence in trials from a statewide association

representing criminal defense attorneys.

(4) Three forensic scientists with bench work

background from various forensic disciplines (e.g., DNA,

chemistry, pattern evidence, etc.).

(5) One retired circuit court judge or associate

circuit court judge with criminal trial experience,

including experience in the admission of forensic evidence

in trials.

(6) One academic specializing in the field of forensic

sciences.

(7) One or more community representatives (e.g.,

victim advocates, innocence project organizations, sexual

assault examiners, etc.).

(8) One member who is a medical examiner or coroner.

The Governor shall designate one of the members of the

Commission to serve as the chair of the Commission. The

members of the Commission shall elect from their number such

other officers as they may determine. Members of the

Commission shall serve without compensation, but may be

reimbursed for reasonable expenses incurred in the performance

of their duties from funds appropriated for that purpose.

(d) Subcommittees. The Commission may form subcommittees

to study specific issues identified under paragraph (3) of

subsection (b), including, but not limited to, subcommittees

on education and training, procurement, funding and hiring. Ad

hoc subcommittees may also be convened to address other

issues. Such subcommittees shall meet as needed to complete

their work, and shall report their findings back to the

Commission. Subcommittees shall include members of the

Commission, and may also include non-members such as forensic

science stakeholders and subject matter experts.

(e) Meetings. The Commission shall meet quarterly, at the

call of the chairperson. Facilities for meeting, whether

remotely or in person, shall be provided for the Commission by

the Illinois State Police.

(f) Reporting by publicly funded ISO 17025 accredited

forensic laboratories. All State and local publicly funded ISO

17025 accredited forensic laboratory systems, including, but

not limited to, the DuPage County Forensic Science Center, the

Northeastern Illinois Regional Crime Laboratory, and the

Illinois State Police, shall annually provide to the

Commission a report summarizing its significant

non-conformities with the efficient delivery of forensic

services and the sound practice of forensic science. The

report will identify: each significant non-conformity or

deficient method; how the non-conformity or deficient method

was detected; the nature and extent of the non-conformity or

deficient method; all corrective actions implemented to

address the non-conformity or deficient method; and an

analysis of the effectiveness of the corrective actions taken.

(g) Definition. As used in this Section, "Commission"

means the Illinois Forensic Science Commission.

(Source: P.A. 102-523, eff. 8-20-21; 103-34, eff. 1-1-24.)

(20 ILCS 2605/2605-378 rep.)

Section 15. The Illinois State Police Law of the Civil

Administrative Code of Illinois is amended by repealing

Section 2605-378.

Section 20. The Illinois State Police Act is amended by

changing Section 40.1 as follows:

(20 ILCS 2610/40.1)

Sec. 40.1. Mandated training compliance. The Director of

the Illinois State Police and the Illinois State Police

Academy shall ensure all Illinois State Police cadets and

officers comply with all statutory, regulatory, and department

mandated training. The Illinois State Police Academy shall

maintain and store training records for Illinois State Police

officers.

(Source: P.A. 101-652, eff. 1-1-22.)

Section 25. The Narcotic Control Division Abolition Act is

amended by by changing Section 9 as follows:

(20 ILCS 2620/9) (from Ch. 127, par. 55l)

Sec. 9. The Director shall make , in an annual report to the

Governor, report the results obtained in the enforcement of

this Act available on the Illinois State Police website and

may make , together with such other information and

recommendations to the Governor annually as the Director he

deems proper.

(Source: P.A. 76-442.)

Section 30. The Criminal Identification Act is amended by

changing Section 5.2 as follows:

(20 ILCS 2630/5.2)

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

(a) General Provisions.

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

the meanings set forth in this subsection, except when a

particular context clearly requires a different meaning.

(A) The following terms shall have the meanings

ascribed to them in the following Sections of the

Unified Code of Corrections:

Business Offense, Section 5-1-2.

Charge, Section 5-1-3.

Court, Section 5-1-6.

Defendant, Section 5-1-7.

Felony, Section 5-1-9.

Imprisonment, Section 5-1-10.

Judgment, Section 5-1-12.

Misdemeanor, Section 5-1-14.

Offense, Section 5-1-15.

Parole, Section 5-1-16.

Petty Offense, Section 5-1-17.

Probation, Section 5-1-18.

Sentence, Section 5-1-19.

Supervision, Section 5-1-21.

Victim, Section 5-1-22.

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

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

of the Unified Code of Corrections) brought against a

defendant where the defendant is not arrested prior to

or as a direct result of the charge.

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

sentence entered upon a plea of guilty or upon a

verdict or finding of guilty of an offense, rendered

by a legally constituted jury or by a court of

competent jurisdiction authorized to try the case

without a jury. An order of supervision successfully

completed by the petitioner is not a conviction. An

order of qualified probation (as defined in subsection

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

not a conviction. An order of supervision or an order

of qualified probation that is terminated

unsatisfactorily is a conviction, unless the

unsatisfactory termination is reversed, vacated, or

modified and the judgment of conviction, if any, is

reversed or vacated.

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

business offense, misdemeanor, felony, or municipal

ordinance violation (as defined in subsection

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

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

be considered a criminal offense.

(E) "Expunge" means to physically destroy the

records or return them to the petitioner and to

obliterate the petitioner's name from any official

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

shall require the physical destruction of the circuit

court file, but such records relating to arrests or

charges, or both, ordered expunged shall be impounded

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

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

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

the sentence, order of supervision, or order of

qualified probation (as defined by subsection

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

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

any jurisdiction, regardless of whether the petitioner

has included the criminal offense for which the

sentence or order of supervision or qualified

probation was imposed in his or her petition. If

multiple sentences, orders of supervision, or orders

of qualified probation terminate on the same day and

are last in time, they shall be collectively

considered the "last sentence" regardless of whether

they were ordered to run concurrently.

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

business offense, or Class C misdemeanor under the

Illinois Vehicle Code or a similar provision of a

municipal or local ordinance.

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

of Section 4 or 5 of the Cannabis Control Act

concerning not more than 30 grams of any substance

containing cannabis, provided the violation did not

include a penalty enhancement under Section 7 of the

Cannabis Control Act and is not associated with an

arrest, conviction or other disposition for a violent

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

Rights of Crime Victims and Witnesses Act.

(H) "Municipal ordinance violation" means an

offense defined by a municipal or local ordinance that

is criminal in nature and with which the petitioner

was charged or for which the petitioner was arrested

and released without charging.

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

prosecuted as an adult who has applied for relief

under this Section.

(J) "Qualified probation" means an order of

probation under Section 10 of the Cannabis Control

Act, Section 410 of the Illinois Controlled Substances

Act, Section 70 of the Methamphetamine Control and

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

of the Unified Code of Corrections, Section

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

those provisions existed before their deletion by

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

Alcoholism and Other Drug Dependency Act, Section

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

of the Steroid Control Act. For the purpose of this

Section, "successful completion" of an order of

qualified probation under Section 10-102 of the

Illinois Alcoholism and Other Drug Dependency Act and

Section 40-10 of the Substance Use Disorder Act means

that the probation was terminated satisfactorily and

the judgment of conviction was vacated.

(K) "Seal" means to physically and electronically

maintain the records, unless the records would

otherwise be destroyed due to age, but to make the

records unavailable without a court order, subject to

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

petitioner's name shall also be obliterated from the

official index required to be kept by the circuit

court clerk under Section 16 of the Clerks of Courts

Act, but any index issued by the circuit court clerk

before the entry of the order to seal shall not be

affected.

(L) "Sexual offense committed against a minor"

includes, but is not limited to, the offenses of

indecent solicitation of a child or criminal sexual

abuse when the victim of such offense is under 18 years

of age.

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

order of supervision or qualified probation includes

either satisfactory or unsatisfactory termination of

the sentence, unless otherwise specified in this

Section. A sentence is terminated notwithstanding any

outstanding financial legal obligation.

(2) Minor Traffic Offenses. Orders of supervision or

convictions for minor traffic offenses shall not affect a

petitioner's eligibility to expunge or seal records

pursuant to this Section.

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

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

agency issuing the citation shall automatically expunge,

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

enforcement records of a person found to have committed a

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

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

the Drug Paraphernalia Control Act in the law enforcement

agency's possession or control and which contains the

final satisfactory disposition which pertain to the person

issued a citation for that offense. The law enforcement

agency shall provide by rule the process for access,

review, and to confirm the automatic expungement by the

law enforcement agency issuing the citation. Commencing

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

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

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

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

records of a person found in the circuit court to have

committed a civil law violation of subsection (a) of

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

Section 3.5 of the Drug Paraphernalia Control Act in the

clerk's possession or control and which contains the final

satisfactory disposition which pertain to the person

issued a citation for any of those offenses.

(3) Exclusions. Except as otherwise provided in

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

of this Section, the court shall not order:

(A) the sealing or expungement of the records of

arrests or charges not initiated by arrest that result

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

any sexual offense committed against a minor; (ii)

Section 11-501 of the Illinois Vehicle Code or a

similar provision of a local ordinance; or (iii)

Section 11-503 of the Illinois Vehicle Code or a

similar provision of a local ordinance, unless the

arrest or charge is for a misdemeanor violation of

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

provision of a local ordinance, that occurred prior to

the offender reaching the age of 25 years and the

offender has no other conviction for violating Section

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

similar provision of a local ordinance.

(B) the sealing or expungement of records of minor

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

unless the petitioner was arrested and released

without charging.

(C) the sealing of the records of arrests or

charges not initiated by arrest which result in an

order of supervision or a conviction for the following

offenses:

(i) offenses included in Article 11 of the

Criminal Code of 1961 or the Criminal Code of 2012

or a similar provision of a local ordinance,

except Section 11-14 and a misdemeanor violation

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

the Criminal Code of 2012, or a similar provision

of a local ordinance;

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

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

Criminal Code of 2012, or a similar provision of a

local ordinance;

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

Code of 1961 or the Criminal Code of 2012, or

Section 125 of the Stalking No Contact Order Act,

or Section 219 of the Civil No Contact Order Act,

or a similar provision of a local ordinance;

(iv) Class A misdemeanors or felony offenses

under the Humane Care for Animals Act; or

(v) any offense or attempted offense that

would subject a person to registration under the

Sex Offender Registration Act.

(D) (blank).

(b) Expungement.

(1) A petitioner may petition the circuit court to

expunge the records of his or her arrests and charges not

initiated by arrest when each arrest or charge not

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

acquittal, dismissal, or the petitioner's release without

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

conviction which was vacated or reversed, unless excluded

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

such supervision was successfully completed by the

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

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

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

successfully completed by the petitioner.

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

arrest expunged under this Section, and the offender has

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

may object to the expungement on the grounds that the

records contain specific relevant information aside from

the mere fact of the arrest.

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

(A) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an acquittal,

dismissal, the petitioner's release without charging,

or the reversal or vacation of a conviction, there is

no waiting period to petition for the expungement of

such records.

(B) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

supervision, successfully completed by the petitioner,

the following time frames will apply:

(i) Those arrests or charges that resulted in

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

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

a similar provision of a local ordinance, or under

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

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

similar provision of a local ordinance, shall not

be eligible for expungement until 5 years have

passed following the satisfactory termination of

the supervision.

(i-5) Those arrests or charges that resulted

in orders of supervision for a misdemeanor

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

the Illinois Vehicle Code or a similar provision

of a local ordinance, that occurred prior to the

offender reaching the age of 25 years and the

offender has no other conviction for violating

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

Code or a similar provision of a local ordinance

shall not be eligible for expungement until the

petitioner has reached the age of 25 years.

(ii) Those arrests or charges that resulted in

orders of supervision for any other offenses shall

not be eligible for expungement until 2 years have

passed following the satisfactory termination of

the supervision.

(C) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

qualified probation, successfully completed by the

petitioner, such records shall not be eligible for

expungement until 5 years have passed following the

satisfactory termination of the probation.

(3) Those records maintained by the Illinois State

Police for persons arrested prior to their 17th birthday

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

Juvenile Court Act of 1987.

(4) Whenever a person has been arrested for or

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

identity he or she has stolen or otherwise come into

possession of, the aggrieved person from whom the identity

was stolen or otherwise obtained without authorization,

upon learning of the person having been arrested using his

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

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

court order entered nunc pro tunc by the Chief Judge to

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

all official records of the arresting authority, the

Illinois State Police, other criminal justice agencies,

the prosecutor, and the trial court concerning such

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

records in connection with the arrest and conviction, if

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

offender, if known or ascertainable, in lieu of the

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

shall be sealed until further order of the court upon good

cause shown and the name of the aggrieved person

obliterated on the official index required to be kept by

the circuit court clerk under Section 16 of the Clerks of

Courts Act, but the order shall not affect any index

issued by the circuit court clerk before the entry of the

order. Nothing in this Section shall limit the Illinois

State Police or other criminal justice agencies or

prosecutors from listing under an offender's name the

false names he or she has used.

(5) Whenever a person has been convicted of criminal

sexual assault, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, criminal

sexual abuse, or aggravated criminal sexual abuse, the

victim of that offense may request that the State's

Attorney of the county in which the conviction occurred

file a verified petition with the presiding trial judge at

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

seal the records of the circuit court clerk in connection

with the proceedings of the trial court concerning that

offense. However, the records of the arresting authority

and the Illinois State Police concerning the offense shall

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

make the records of the circuit court clerk in connection

with the proceedings of the trial court concerning the

offense available for public inspection.

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

review or on collateral attack and the court determines by

clear and convincing evidence that the petitioner was

factually innocent of the charge, the court that finds the

petitioner factually innocent of the charge shall enter an

expungement order for the conviction for which the

petitioner has been determined to be innocent as provided

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

Corrections.

(7) Nothing in this Section shall prevent the Illinois

State Police from maintaining all records of any person

who is admitted to probation upon terms and conditions and

who fulfills those terms and conditions pursuant to

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

Illinois Controlled Substances Act, Section 70 of the

Methamphetamine Control and Community Protection Act,

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

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

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

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

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

the Substance Use Disorder Act, or Section 10 of the

Steroid Control Act.

(8) If the petitioner has been granted a certificate

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

Procedure, the court that grants the certificate of

innocence shall also enter an order expunging the

conviction for which the petitioner has been determined to

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

of the Code of Civil Procedure.

(c) Sealing.

(1) Applicability. Notwithstanding any other provision

of this Act to the contrary, and cumulative with any

rights to expungement of criminal records, this subsection

authorizes the sealing of criminal records of adults and

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

Section provides for immediate sealing of certain records.

(2) Eligible Records. The following records may be

sealed:

(A) All arrests resulting in release without

charging;

(B) Arrests or charges not initiated by arrest

resulting in acquittal, dismissal, or conviction when

the conviction was reversed or vacated, except as

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

(C) Arrests or charges not initiated by arrest

resulting in orders of supervision, including orders

of supervision for municipal ordinance violations,

successfully completed by the petitioner, unless

excluded by subsection (a)(3);

(D) Arrests or charges not initiated by arrest

resulting in convictions, including convictions on

municipal ordinance violations, unless excluded by

subsection (a)(3);

(E) Arrests or charges not initiated by arrest

resulting in orders of first offender probation under

Section 10 of the Cannabis Control Act, Section 410 of

the Illinois Controlled Substances Act, Section 70 of

the Methamphetamine Control and Community Protection

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

Corrections; and

(F) Arrests or charges not initiated by arrest

resulting in felony convictions unless otherwise

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

Section.

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

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

sealed as follows:

(A) Records identified as eligible under

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

any time.

(B) Except as otherwise provided in subparagraph

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

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

years after the termination of petitioner's last

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

(C) Except as otherwise provided in subparagraph

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

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

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

of the petitioner's last sentence (as defined in

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

registration under the Arsonist Registry Act Arsonist

Registration Act, the Sex Offender Registration Act,

or the Murderer and Violent Offender Against Youth

Registration Act may not be sealed until the

petitioner is no longer required to register under

that relevant Act.

(D) Records identified in subsection

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

reached the age of 25 years.

(E) Records identified as eligible under

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

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

petitioner's last sentence if the petitioner earned a

high school diploma, associate's degree, career

certificate, vocational technical certification, or

bachelor's degree, or passed the high school level

Test of General Educational Development, during the

period of his or her sentence or mandatory supervised

release. This subparagraph shall apply only to a

petitioner who has not completed the same educational

goal prior to the period of his or her sentence or

mandatory supervised release. If a petition for

sealing eligible records filed under this subparagraph

is denied by the court, the time periods under

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

petition for sealing filed by the petitioner.

(4) Subsequent felony convictions. A person may not

have subsequent felony conviction records sealed as

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

of any felony offense after the date of the sealing of

prior felony convictions as provided in this subsection

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

felony offense, order the unsealing of prior felony

conviction records previously ordered sealed by the court.

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

disposition for an eligible record under this subsection

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

right to have the records sealed and the procedures for

the sealing of the records.

(d) Procedure. The following procedures apply to

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

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

(1) Filing the petition. Upon becoming eligible to

petition for the expungement or sealing of records under

this Section, the petitioner shall file a petition

requesting the expungement or sealing of records with the

clerk of the court where the arrests occurred or the

charges were brought, or both. If arrests occurred or

charges were brought in multiple jurisdictions, a petition

must be filed in each such jurisdiction. The petitioner

shall pay the applicable fee, except no fee shall be

required if the petitioner has obtained a court order

waiving fees under Supreme Court Rule 298 or it is

otherwise waived.

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

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

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

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

petitioner if the records sought to be expunged or sealed

were arrests resulting in release without charging or

arrests or charges not initiated by arrest resulting in

acquittal, dismissal, or conviction when the conviction

was reversed or vacated, unless excluded by subsection

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

than this sentence, are inoperative on and after January

1, 2022.

(2) Contents of petition. The petition shall be

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

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

initiated by arrest sought to be sealed or expunged, the

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

the arresting authority, and such other information as the

court may require. During the pendency of the proceeding,

the petitioner shall promptly notify the circuit court

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

petitioner has received a certificate of eligibility for

sealing from the Prisoner Review Board under paragraph

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

Code of Corrections, the certificate shall be attached to

the petition.

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

petition proof that the petitioner has taken within 30

days before the filing of the petition a test showing the

absence within his or her body of all illegal substances

as defined by the Illinois Controlled Substances Act and

the Methamphetamine Control and Community Protection Act

if he or she is petitioning to:

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

(B) seal felony records for a violation of the

Illinois Controlled Substances Act, the

Methamphetamine Control and Community Protection Act,

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

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

(D) expunge felony records of a qualified

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

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

promptly serve a copy of the petition and documentation to

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

the State's Attorney or prosecutor charged with the duty

of prosecuting the offense, the Illinois State Police, the

arresting agency and the chief legal officer of the unit

of local government effecting the arrest.

(5) Objections.

(A) Any party entitled to notice of the petition

may file an objection to the petition. All objections

shall be in writing, shall be filed with the circuit

court clerk, and shall state with specificity the

basis of the objection. Whenever a person who has been

convicted of an offense is granted a pardon by the

Governor which specifically authorizes expungement, an

objection to the petition may not be filed.

(B) Objections to a petition to expunge or seal

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

the petition.

(6) Entry of order.

(A) The Chief Judge of the circuit wherein the

charge was brought, any judge of that circuit

designated by the Chief Judge, or in counties of less

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

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

petition to expunge or seal as set forth in this

subsection (d)(6).

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

Illinois State Police, the arresting agency, or the

chief legal officer files an objection to the petition

to expunge or seal within 60 days from the date of

service of the petition, the court shall enter an

order granting or denying the petition.

(C) Notwithstanding any other provision of law,

the court shall not deny a petition for sealing under

this Section because the petitioner has not satisfied

an outstanding legal financial obligation established,

imposed, or originated by a court, law enforcement

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

of local government, including, but not limited to,

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

legal financial obligation does not include any court

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

the Unified Code of Corrections, unless the

restitution has been converted to a civil judgment.

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

abrogates a legal financial obligation or otherwise

eliminates or affects the right of the holder of any

financial obligation to pursue collection under

applicable federal, State, or local law.

(D) Notwithstanding any other provision of law,

the court shall not deny a petition to expunge or seal

under this Section because the petitioner has

submitted a drug test taken within 30 days before the

filing of the petition to expunge or seal that

indicates a positive test for the presence of cannabis

within the petitioner's body. In this subparagraph

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

Section 3 of the Cannabis Control Act.

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

shall set a date for a hearing and notify the petitioner

and all parties entitled to notice of the petition of the

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

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

the Illinois State Police as to the appropriateness of the

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

hearing, the court shall hear evidence on whether the

petition should or should not be granted, and shall grant

or deny the petition to expunge or seal the records based

on the evidence presented at the hearing. The court may

consider the following:

(A) the strength of the evidence supporting the

defendant's conviction;

(B) the reasons for retention of the conviction

records by the State;

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

and employment history;

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

arrest on the charge resulting in the conviction and

the filing of the petition under this Section; and

(E) the specific adverse consequences the

petitioner may be subject to if the petition is

denied.

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

expunge or seal records, the court must provide copies of

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

manner prescribed by the Illinois State Police, to the

petitioner, to the State's Attorney or prosecutor charged

with the duty of prosecuting the offense, to the arresting

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

government effecting the arrest, and to such other

criminal justice agencies as may be ordered by the court.

(9) Implementation of order.

(A) Upon entry of an order to expunge records

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

both:

(i) the records shall be expunged (as defined

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

the Illinois State Police, and any other agency as

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

service of the order, unless a motion to vacate,

modify, or reconsider the order is filed pursuant

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

Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the

court upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

and

(iii) in response to an inquiry for expunged

records, the court, the Illinois State Police, or

the agency receiving such inquiry, shall reply as

it does in response to inquiries when no records

ever existed.

(B) Upon entry of an order to expunge records

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

both:

(i) the records shall be expunged (as defined

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

and any other agency as ordered by the court,

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

unless a motion to vacate, modify, or reconsider

the order is filed pursuant to paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the

court upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Illinois State Police within 60 days of the date

of service of the order as ordered by the court,

unless a motion to vacate, modify, or reconsider

the order is filed pursuant to paragraph (12) of

subsection (d) of this Section;

(iv) records impounded by the Illinois State

Police may be disseminated by the Illinois State

Police only as required by law or to the arresting

authority, the State's Attorney, and the court

upon a later arrest for the same or a similar

offense or for the purpose of sentencing for any

subsequent felony, and to the Department of

Corrections upon conviction for any offense; and

(v) in response to an inquiry for such records

from anyone not authorized by law to access such

records, the court, the Illinois State Police, or

the agency receiving such inquiry shall reply as

it does in response to inquiries when no records

ever existed.

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

under subsection (e-6):

(i) the records shall be expunged (as defined

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

and any other agency as ordered by the court,

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

unless a motion to vacate, modify, or reconsider

the order is filed under paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the

court upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Illinois State Police within 60 days of the date

of service of the order as ordered by the court,

unless a motion to vacate, modify, or reconsider

the order is filed under paragraph (12) of

subsection (d) of this Section;

(iv) records impounded by the Illinois State

Police may be disseminated by the Illinois State

Police only as required by law or to the arresting

authority, the State's Attorney, and the court

upon a later arrest for the same or a similar

offense or for the purpose of sentencing for any

subsequent felony, and to the Department of

Corrections upon conviction for any offense; and

(v) in response to an inquiry for these

records from anyone not authorized by law to

access the records, the court, the Illinois State

Police, or the agency receiving the inquiry shall

reply as it does in response to inquiries when no

records ever existed.

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

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

as ordered by the court, the Illinois State Police,

and the court shall seal the records (as defined in

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

such records, from anyone not authorized by law to

access such records, the court, the Illinois State

Police, or the agency receiving such inquiry shall

reply as it does in response to inquiries when no

records ever existed.

(D) The Illinois State Police shall send written

notice to the petitioner of its compliance with each

order to expunge or seal records within 60 days of the

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

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

of service of the order resolving the motion, if that

order requires the Illinois State Police to expunge or

seal records. In the event of an appeal from the

circuit court order, the Illinois State Police shall

send written notice to the petitioner of its

compliance with an Appellate Court or Supreme Court

judgment to expunge or seal records within 60 days of

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

required while any motion to vacate, modify, or

reconsider, or any appeal or petition for

discretionary appellate review, is pending.

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

judgment or other court record necessary to

demonstrate the amount of any legal financial

obligation due and owing be made available for the

limited purpose of collecting any legal financial

obligations owed by the petitioner that were

established, imposed, or originated in the criminal

proceeding for which those records have been sealed.

The records made available under this subparagraph (E)

shall not be entered into the official index required

to be kept by the circuit court clerk under Section 16

of the Clerks of Courts Act and shall be immediately

re-impounded upon the collection of the outstanding

financial obligations.

(F) Notwithstanding any other provision of this

Section, a circuit court clerk may access a sealed

record for the limited purpose of collecting payment

for any legal financial obligations that were

established, imposed, or originated in the criminal

proceedings for which those records have been sealed.

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

petitioner a fee equivalent to the cost of processing any

order to expunge or seal records. Notwithstanding any

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

circuit court clerk may charge a fee equivalent to the

cost associated with the sealing or expungement of records

by the circuit court clerk. From the total filing fee

collected for the petition to seal or expunge, the circuit

court clerk shall deposit $10 into the Circuit Court Clerk

Operation and Administrative Fund, to be used to offset

the costs incurred by the circuit court clerk in

performing the additional duties required to serve the

petition to seal or expunge on all parties. The circuit

court clerk shall collect and remit the Illinois State

Police portion of the fee to the State Treasurer and it

shall be deposited in the State Police Services Fund. If

the record brought under an expungement petition was

previously sealed under this Section, the fee for the

expungement petition for that same record shall be waived.

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

expungement or sealing provisions of this Section shall

become final for purposes of appeal until 30 days after

service of the order on the petitioner and all parties

entitled to notice of the petition.

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

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

petitioner or any party entitled to notice may file a

motion to vacate, modify, or reconsider the order granting

or denying the petition to expunge or seal within 60 days

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

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

reconsider shall comply with subsection (c) of Section

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

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

motion shall be served upon the petitioner and all parties

entitled to notice of the petition.

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

under the expungement or sealing provisions of this

Section shall not be considered void because it fails to

comply with the provisions of this Section or because of

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

reconsider. The circuit court retains jurisdiction to

determine whether the order is voidable and to vacate,

modify, or reconsider its terms based on a motion filed

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

(14) Compliance with Order Granting Petition to Seal

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

granting a petition to seal, all parties entitled to

notice of the petition must fully comply with the terms of

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

party is seeking relief from the order through a motion

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

appealing the order.

(15) Compliance with Order Granting Petition to

Expunge Records. While a party is seeking relief from the

order granting the petition to expunge through a motion

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

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

of that order, the parties entitled to notice of the

petition must seal, but need not expunge, the records

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

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

mandate.

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

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

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

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

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

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

is granted a pardon by the Governor which specifically

authorizes expungement, he or she may, upon verified petition

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

convicted, any judge of the circuit designated by the Chief

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

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

order entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Illinois State Police be

sealed until further order of the court upon good cause shown

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

obliterated from the official index requested to be kept by

the circuit court clerk under Section 16 of the Clerks of

Courts Act in connection with the arrest and conviction for

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

shall not affect any index issued by the circuit court clerk

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

Illinois State Police may be disseminated by the Illinois

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

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

similar offense or for the purpose of sentencing for any

subsequent felony. Upon conviction for any subsequent offense,

the Department of Corrections shall have access to all sealed

records of the Illinois State Police pertaining to that

individual. Upon entry of the order of expungement, the

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

the person who was pardoned.

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

offense is granted a certificate of eligibility for sealing by

the Prisoner Review Board which specifically authorizes

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

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

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

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

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

entered sealing the record of arrest from the official records

of the arresting authority and order that the records of the

circuit court clerk and the Illinois State Police be sealed

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

otherwise provided herein, and the name of the petitioner

obliterated from the official index requested to be kept by

the circuit court clerk under Section 16 of the Clerks of

Courts Act in connection with the arrest and conviction for

the offense for which he or she had been granted the

certificate but the order shall not affect any index issued by

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

records sealed by the Illinois State Police may be

disseminated by the Illinois State Police only as required by

this Act or to the arresting authority, a law enforcement

agency, the State's Attorney, and the court upon a later

arrest for the same or similar offense or for the purpose of

sentencing for any subsequent felony. Upon conviction for any

subsequent offense, the Department of Corrections shall have

access to all sealed records of the Illinois State Police

pertaining to that individual. Upon entry of the order of

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

the order to the person who was granted the certificate of

eligibility for sealing.

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

offense is granted a certificate of eligibility for

expungement by the Prisoner Review Board which specifically

authorizes expungement, he or she may, upon verified petition

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

convicted, any judge of the circuit designated by the Chief

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

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

order entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Illinois State Police be

sealed until further order of the court upon good cause shown

or as otherwise provided herein, and the name of the

petitioner obliterated from the official index requested to be

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

of Courts Act in connection with the arrest and conviction for

the offense for which he or she had been granted the

certificate but the order shall not affect any index issued by

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

records sealed by the Illinois State Police may be

disseminated by the Illinois State Police only as required by

this Act or to the arresting authority, a law enforcement

agency, the State's Attorney, and the court upon a later

arrest for the same or similar offense or for the purpose of

sentencing for any subsequent felony. Upon conviction for any

subsequent offense, the Department of Corrections shall have

access to all expunged records of the Illinois State Police

pertaining to that individual. Upon entry of the order of

expungement, the circuit court clerk shall promptly mail a

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

of eligibility for expungement.

(f) Subject to available funding, the Illinois Department

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

especially on employment and recidivism rates, utilizing a

random sample of those who apply for the sealing of their

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

the Illinois Department of Corrections, records of the

Illinois Department of Employment Security shall be utilized

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

disclose any data in a manner that would allow the

identification of any particular individual or employing unit.

The study shall be made available to the General Assembly no

later than September 1, 2010.

(g) Immediate Sealing.

(1) Applicability. Notwithstanding any other provision

of this Act to the contrary, and cumulative with any

rights to expungement or sealing of criminal records, this

subsection authorizes the immediate sealing of criminal

records of adults and of minors prosecuted as adults.

(2) Eligible Records. Arrests or charges not initiated

by arrest resulting in acquittal or dismissal with

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

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

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

petition is filed with the circuit court clerk on the same

day and during the same hearing in which the case is

disposed.

(3) When Records are Eligible to be Immediately

Sealed. Eligible records under paragraph (2) of this

subsection (g) may be sealed immediately after entry of

the final disposition of a case, notwithstanding the

disposition of other charges in the same case.

(4) Notice of Eligibility for Immediate Sealing. Upon

entry of a disposition for an eligible record under this

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

court of his or her right to have eligible records

immediately sealed and the procedure for the immediate

sealing of these records.

(5) Procedure. The following procedures apply to

immediate sealing under this subsection (g).

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

disposition of the case, the defendant's attorney may

immediately petition the court, on behalf of the

defendant, for immediate sealing of eligible records

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

entered on or after January 1, 2018 (the effective

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

petition may be filed with the circuit court clerk

during the hearing in which the final disposition of

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

not file the petition for immediate sealing during the

hearing, the defendant may file a petition for sealing

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

(B) Contents of Petition. The immediate sealing

petition shall be verified and shall contain the

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

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

arrest if applicable, the identity of the arresting

authority if applicable, and other information as the

court may require.

(C) Drug Test. The petitioner shall not be

required to attach proof that he or she has passed a

drug test.

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

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

The petitioner shall not be required to serve a copy of

the petition on any other agency.

(E) Entry of Order. The presiding trial judge

shall enter an order granting or denying the petition

for immediate sealing during the hearing in which it

is filed. Petitions for immediate sealing shall be

ruled on in the same hearing in which the final

disposition of the case is entered.

(F) Hearings. The court shall hear the petition

for immediate sealing on the same day and during the

same hearing in which the disposition is rendered.

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

eligible records shall be served in conformance with

subsection (d)(8).

(H) Implementation of Order. An order to

immediately seal records shall be implemented in

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

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

clerk and the Illinois State Police shall comply with

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

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

subsection (g) shall become final for purposes of

appeal until 30 days after service of the order on the

petitioner and all parties entitled to service of the

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

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

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

petitioner, State's Attorney, or the Illinois State

Police may file a motion to vacate, modify, or

reconsider the order denying the petition to

immediately seal within 60 days of service of the

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

order, a petition to vacate, modify, or reconsider

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

the Code of Civil Procedure.

(L) Effect of Order. An order granting an

immediate sealing petition shall not be considered

void because it fails to comply with the provisions of

this Section or because of an error asserted in a

motion to vacate, modify, or reconsider. The circuit

court retains jurisdiction to determine whether the

order is voidable, and to vacate, modify, or

reconsider its terms based on a motion filed under

subparagraph (L) of this subsection (g).

(M) Compliance with Order Granting Petition to

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

order granting a petition to immediately seal, all

parties entitled to service of the order must fully

comply with the terms of the order within 60 days of

service of the order.

(h) Sealing or vacation and expungement of trafficking

victims' crimes.

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

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

2012, may petition for vacation and expungement or

immediate sealing of his or her criminal record upon the

completion of his or her last sentence if his or her

participation in the underlying offense was a result of

human trafficking under Section 10-9 of the Criminal Code

of 2012 or a severe form of trafficking under the federal

Trafficking Victims Protection Act.

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

prepared, signed, and filed in accordance with Supreme

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

any required hearing remotely in accordance with local

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

seal if the public filing of the petition would constitute

a risk of harm to the petitioner.

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

addition to the requirements provided under paragraph (4)

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

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

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

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

offense was a result of human trafficking under Section

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

trafficking under the federal Trafficking Victims

Protection Act.

(3) If an objection is filed alleging that the

petitioner is not entitled to vacation and expungement or

immediate sealing under this subsection (h), the court

shall conduct a hearing under paragraph (7) of subsection

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

the petitioner is entitled to vacation and expungement or

immediate sealing under this subsection (h). A petitioner

is eligible for vacation and expungement or immediate

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

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

victim of human trafficking at the time of the offense;

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

result of human trafficking under Section 10-9 of the

Criminal Code of 2012 or a severe form of trafficking

under the federal Trafficking Victims Protection Act.

(i) Minor Cannabis Offenses under the Cannabis Control

Act.

(1) Expungement of Arrest Records of Minor Cannabis

Offenses.

(A) The Illinois State Police and all law

enforcement agencies within the State shall

automatically expunge all criminal history records of

an arrest, charge not initiated by arrest, order of

supervision, or order of qualified probation for a

Minor Cannabis Offense committed prior to June 25,

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

(i) One year or more has elapsed since the

date of the arrest or law enforcement interaction

documented in the records; and

(ii) No criminal charges were filed relating

to the arrest or law enforcement interaction or

criminal charges were filed and subsequently

dismissed or vacated or the arrestee was

acquitted.

(B) If the law enforcement agency is unable to

verify satisfaction of condition (ii) in paragraph

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

(A) shall be automatically expunged.

(C) Records shall be expunged by the law

enforcement agency under the following timelines:

(i) Records created prior to June 25, 2019

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

or after January 1, 2013, shall be automatically

expunged prior to January 1, 2021;

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

but on or after January 1, 2000, shall be

automatically expunged prior to January 1, 2023;

(iii) Records created prior to January 1, 2000

shall be automatically expunged prior to January

1, 2025.

In response to an inquiry for expunged records,

the law enforcement agency receiving such inquiry

shall reply as it does in response to inquiries when no

records ever existed; however, it shall provide a

certificate of disposition or confirmation that the

record was expunged to the individual whose record was

expunged if such a record exists.

(D) Nothing in this Section shall be construed to

restrict or modify an individual's right to have that

individual's records expunged except as otherwise may

be provided in this Act, or diminish or abrogate any

rights or remedies otherwise available to the

individual.

(2) Pardons Authorizing Expungement of Minor Cannabis

Offenses.

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

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

shall review all criminal history record information

and identify all records that meet all of the

following criteria:

(i) one or more convictions for a Minor

Cannabis Offense;

(ii) the conviction identified in paragraph

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

under Section 7 of the Cannabis Control Act; and

(iii) the conviction identified in paragraph

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

a violent crime as defined in subsection (c) of

Section 3 of the Rights of Crime Victims and

Witnesses Act.

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

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

of State Police shall notify the Prisoner Review Board

of all such records that meet the criteria established

in paragraph (2)(A).

(i) The Prisoner Review Board shall notify the

State's Attorney of the county of conviction of

each record identified by State Police in

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

felony. The State's Attorney may provide a written

objection to the Prisoner Review Board on the sole

basis that the record identified does not meet the

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

objection must be filed within 60 days or by such

later date set by the Prisoner Review Board in the

notice after the State's Attorney received notice

from the Prisoner Review Board.

(ii) In response to a written objection from a

State's Attorney, the Prisoner Review Board is

authorized to conduct a non-public hearing to

evaluate the information provided in the

objection.

(iii) The Prisoner Review Board shall make a

confidential and privileged recommendation to the

Governor as to whether to grant a pardon

authorizing expungement for each of the records

identified by the Department of State Police as

described in paragraph (2)(A).

(C) If an individual has been granted a pardon

authorizing expungement as described in this Section,

the Prisoner Review Board, through the Attorney

General, shall file a petition for expungement with

the Chief Judge of the circuit or any judge of the

circuit designated by the Chief Judge where the

individual had been convicted. Such petition may

include more than one individual. Whenever an

individual who has been convicted of an offense is

granted a pardon by the Governor that specifically

authorizes expungement, an objection to the petition

may not be filed. Petitions to expunge under this

subsection (i) may include more than one individual.

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

court shall enter an order expunging the records of

arrest from the official records of the arresting

authority and order that the records of the circuit

court clerk and the Illinois State Police be expunged

and the name of the defendant obliterated from the

official index requested to be kept by the circuit

court clerk under Section 16 of the Clerks of Courts

Act in connection with the arrest and conviction for

the offense for which the individual had received a

pardon but the order shall not affect any index issued

by the circuit court clerk before the entry of the

order. Upon entry of the order of expungement, the

circuit court clerk shall promptly provide a copy of

the order and a certificate of disposition to the

individual who was pardoned to the individual's last

known address or by electronic means (if available) or

otherwise make it available to the individual upon

request.

(D) Nothing in this Section is intended to

diminish or abrogate any rights or remedies otherwise

available to the individual.

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

expunge a conviction for a misdemeanor or Class 4 felony

violation of Section 4 or Section 5 of the Cannabis

Control Act. Motions to vacate and expunge under this

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

Judge of a judicial circuit or any judge of the circuit

designated by the Chief Judge. The circuit court clerk

shall promptly serve a copy of the motion to vacate and

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

Attorney or prosecutor charged with the duty of

prosecuting the offense. When considering such a motion to

vacate and expunge, a court shall consider the following:

the reasons to retain the records provided by law

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

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

the specific adverse consequences if denied. An individual

may file such a petition after the completion of any

non-financial sentence or non-financial condition imposed

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

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

petition along with supporting evidence. If a motion to

vacate and expunge is granted, the records shall be

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

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

aid, as defined by Section 15 of the Public Interest

Attorney Assistance Act, assisting individuals seeking to

file a motion to vacate and expunge under this subsection

may file motions to vacate and expunge with the Chief

Judge of a judicial circuit or any judge of the circuit

designated by the Chief Judge, and the motion may include

more than one individual. Motions filed by an agency

providing civil legal aid concerning more than one

individual may be prepared, presented, and signed

electronically.

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

and expunge a conviction for a misdemeanor or Class 4

felony violation of Section 4 or Section 5 of the Cannabis

Control Act. Motions to vacate and expunge under this

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

Judge of a judicial circuit or any judge of the circuit

designated by the Chief Judge, and may include more than

one individual. Motions filed by a State's Attorney

concerning more than one individual may be prepared,

presented, and signed electronically. When considering

such a motion to vacate and expunge, a court shall

consider the following: the reasons to retain the records

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

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

the conviction, and the specific adverse consequences if

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

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

Attorney shall notify the Prisoner Review Board within 30

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

court clerk shall promptly provide a copy of the order and

a certificate of disposition to the individual whose

records will be expunged to the individual's last known

address or by electronic means (if available) or otherwise

make available to the individual upon request. If a motion

to vacate and expunge is granted, the records shall be

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

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

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

county has standing to file motions to vacate and expunge

pursuant to this Section in the circuit court with

jurisdiction over the underlying conviction.

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

Offense as defined in this Section before June 25, 2019

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

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

the person may petition the court in which the charges are

pending for an order to summarily dismiss those charges

against him or her, and expunge all official records of

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

supervision, or expungement. If the court determines, upon

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

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

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

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

been sentenced of the minor cannabis violation eligible

for expungement under this subsection, the court shall

consider the following: the reasons to retain the records

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

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

the conviction, and the specific adverse consequences if

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

records shall be expunged in accordance with subparagraph

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

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

more convictions for Minor Cannabis Offenses under this

subsection (i) shall be released from incarceration upon

the issuance of an order under this subsection.

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

use the access and review process, established in the

Illinois State Police, for verifying that his or her

records relating to Minor Cannabis Offenses of the

Cannabis Control Act eligible under this Section have been

expunged.

(9) No conviction vacated pursuant to this Section

shall serve as the basis for damages for time unjustly

served as provided in the Court of Claims Act.

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

expunge an expungeable offense shall not be limited under

this Section. The effect of an order of expungement shall

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

before the arrest, charge, or conviction.

(11) Information. The Illinois State Police shall post

general information on its website about the expungement

process described in this subsection (i).

(j) Felony Prostitution Convictions.

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

expunge a conviction for a prior Class 4 felony violation

of prostitution. Motions to vacate and expunge under this

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

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

designated by the Chief Judge. When considering the motion

to vacate and expunge, a court shall consider the

following:

(A) the reasons to retain the records provided by

law enforcement;

(B) the petitioner's age;

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

and

(D) the time since the conviction, and the

specific adverse consequences if denied. An individual

may file the petition after the completion of any

sentence or condition imposed by the conviction.

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

Attorney may file an objection to the petition along

with supporting evidence. If a motion to vacate and

expunge is granted, the records shall be expunged in

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

Section. An agency providing civil legal aid, as

defined in Section 15 of the Public Interest Attorney

Assistance Act, assisting individuals seeking to file

a motion to vacate and expunge under this subsection

may file motions to vacate and expunge with the Chief

Judge of a judicial circuit or any judge of the circuit

designated by the Chief Judge, and the motion may

include more than one individual.

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

and expunge a conviction for a Class 4 felony violation of

prostitution. Motions to vacate and expunge under this

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

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

court designated by the Chief Judge, and may include more

than one individual. When considering the motion to vacate

and expunge, a court shall consider the following reasons:

(A) the reasons to retain the records provided by

law enforcement;

(B) the petitioner's age;

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

(D) the time since the conviction; and

(E) the specific adverse consequences if denied.

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

expunge records for felony prostitution convictions

pursuant to this Section, the State's Attorney shall

notify the Prisoner Review Board within 30 days of the

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

records shall be expunged in accordance with subparagraph

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

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

county has standing to file motions to vacate and expunge

pursuant to this Section in the circuit court with

jurisdiction over the underlying conviction.

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

a use the access and review process, established in the

Illinois State Police, for verifying that his or her

records relating to felony prostitution eligible under

this Section have been expunged.

(5) No conviction vacated pursuant to this Section

shall serve as the basis for damages for time unjustly

served as provided in the Court of Claims Act.

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

an expungeable offense shall not be limited under this

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

restore the person to the status he or she occupied before

the arrest, charge, or conviction.

(7) Information. The Illinois State Police shall post

general information on its website about the expungement

process described in this subsection (j).

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

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

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

Section 35. The Illinois Vehicle Hijacking and Motor

Vehicle Theft Prevention and Insurance Verification Act is

amended by changing Section 8.6 as follows:

(20 ILCS 4005/8.6)

Sec. 8.6. Private passenger motor vehicle insurance. State

Police Training and Academy Fund; Law Enforcement Training

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

writing private passenger motor vehicle insurance coverage

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

Illinois Insurance Code, as a condition of its authority to

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

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

amount determined by the Illinois Law Enforcement Training

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

earned car years of private passenger motor vehicle insurance

policies providing physical damage insurance coverage written

in this State during the preceding calendar year. Of the

amounts collected under this Section, the Department of

Insurance shall deposit 10% into the State Police Law

Enforcement Administration Fund State Police Training and

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

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

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

Section 40. The State Finance Act is amended by changing

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

(30 ILCS 105/5.946)

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

This Section is repealed on July 1, 2025.

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

(30 ILCS 105/5.963)

Sec. 5.963. The State Police Firearm Revocation

Enforcement Fund.

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

(30 ILCS 105/6z-106)

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

Fund.

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

known as the State Police Law Enforcement Administration Fund.

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

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

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

receive the moneys designated to be paid into the Fund under

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

Code and Section 8.6 of the Illinois Vehicle Hijacking and

Motor Vehicle Theft Prevention and Insurance Verification Act.

The Fund may also receive revenue from grants, donations,

appropriations, and any other legal source.

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

finance any of its lawful purposes or functions, including,

but not limited to, training for forensic laboratory personnel

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

primary purpose of the Fund shall be to finance State Police

cadet classes in May and October of each year.

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

appropriated by the General Assembly by law.

(d) Investment income that is attributable to the

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

for the uses specified in this Section.

(e) The State Police Law Enforcement Administration Fund

shall not be subject to administrative chargebacks.

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

(30 ILCS 105/6z-125)

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

State Police Training and Academy Fund is hereby created as a

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

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

insurance producer license fees, as provided under subsection

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

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

fees under Section 8.6 of the Illinois Vehicle Hijacking and

Motor Vehicle Theft Prevention and Insurance Verification Act.

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

training and other State Police institutions, including, but

not limited to, forensic laboratories. On July 1, 2025, or as

soon thereafter as possible, the balance remaining in the

State Police Training and Academy Fund shall be transferred to

the State Police Law Enforcement Administration Fund. The

State Police Training and Academy Fund is dissolved upon that

transfer. This Section is repealed on January 1, 2026.

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

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

(30 ILCS 105/6z-127)

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

Fund.

(a) The State Police Firearm Revocation Enforcement Fund

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

Fund is established to receive moneys from the Firearm Owners

Identification Card Act to enforce that Act, the Firearm

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

and other firearm offenses. The Fund may also receive revenue

from grants, donations, appropriations, and any other legal

source.

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

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

enforcement agencies, under intergovernmental contracts

written and executed in conformity with the Intergovernmental

Cooperation Act.

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

hire and train State Police officers and for the prevention of

violent crime.

(d) The State Police Firearm Revocation Enforcement Fund

is not subject to administrative chargebacks.

(e) Law enforcement agencies that participate in Firearm

Owner's Identification Card revocation enforcement in the

Violent Crime Intelligence Task Force may apply for grants

from the Illinois State Police.

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

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

that are specifically appropriated for those purposes shall be

used by the Illinois State Police to award grants to assist

with the data reporting requirements of the Gun Trafficking

Information Act.

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

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

Section 45. The School Code is amended by changing

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

(105 ILCS 5/10-27.1A)

Sec. 10-27.1A. Firearms in schools.

(a) All school officials, including teachers, school

counselors, and support staff, shall immediately notify the

office of the principal in the event that they observe any

person in possession of a firearm on school grounds; provided

that taking such immediate action to notify the office of the

principal would not immediately endanger the health, safety,

or welfare of students who are under the direct supervision of

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

safety, or welfare of students under the direct supervision of

the school official or of the school official is immediately

endangered, the school official shall notify the office of the

principal as soon as the students under his or her supervision

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

not required by this Section when the school official knows

that the person in possession of the firearm is a law

enforcement official engaged in the conduct of his or her

official duties. Any school official acting in good faith who

makes such a report under this Section shall have immunity

from any civil or criminal liability that might otherwise be

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

school official making such report shall not be disclosed

except as expressly and specifically authorized by law.

Knowingly and willfully failing to comply with this Section is

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

misdemeanor.

(b) Upon receiving a report from any school official

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

principal or his or her designee shall immediately notify a

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

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

principal or his or her designee shall also immediately notify

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

designee acting in good faith who makes such reports under

this Section shall have immunity from any civil or criminal

liability that might otherwise be incurred or imposed as a

result of making the reports. Knowingly and willfully failing

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

subsequent offense is a Class C misdemeanor. If the person

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

minor, the law enforcement agency shall detain that minor

until such time as the agency makes a determination pursuant

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

Juvenile Court Act of 1987, as to whether the agency

reasonably believes that the minor is delinquent. If the law

enforcement agency determines that probable cause exists to

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

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

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

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

of 1987.

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

report from any school personnel regarding a verified incident

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

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

the school for the transport of students or school personnel,

the superintendent or his or her designee shall report all

such firearm-related incidents occurring in a school or on

school property to the local law enforcement authorities

immediately, who shall report to the Illinois State Police in

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

State Police.

The State Board of Education shall receive an annual

statistical compilation and related data associated with

incidents involving firearms in schools from the Illinois

State Police. The State Board of Education shall compile this

information by school district and make it available to the

public.

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

verbal report of a verified incident involving a firearm made

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

existing school incident reporting systems as they occur

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

State Board of Education shall report data by school district,

as collected from school districts, and make it available to

the public via its website. The local law enforcement

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

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

Illinois Uniform Crime Reporting Program, which shall be

included in its annual Crime in Illinois report.

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

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

Identification Card Act.

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

public or private elementary or secondary school.

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

includes the real property comprising any school, any

conveyance owned, leased, or contracted by a school to

transport students to or from school or a school-related

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

property comprising any school.

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

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

(105 ILCS 5/10-27.1B)

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

schools.

(a) In this Section:

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

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

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

Controlled Substances Act, or "methamphetamine" as defined

under Section 10 of the Methamphetamine Control and Community

Protection Act.

"School" means any public or private elementary or

secondary school.

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

report from any school personnel regarding a verified incident

involving drugs in a school or on school owned or leased

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

the school for the transport of students or school personnel,

the superintendent or his or her designee, or other

appropriate administrative officer for a private school, shall

report all such drug-related incidents occurring in a school

or on school property to the local law enforcement authorities

immediately and to the Illinois State Police in a form,

manner, and frequency as prescribed by the Illinois State

Police.

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

annual statistical compilation and related data associated

with drug-related incidents in schools from the Illinois State

Police. The State Board of Education shall compile this

information by school district and make it available to the

public.

(d) Schools shall report any written, electronic, or

verbal report of an incident involving drugs made under

subsection (b) to the State Board of Education through

existing school incident reporting systems as they occur

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

State Board of Education shall report data by school district,

as collected from school districts, and make it available to

the public via its website. The local law enforcement

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

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

Illinois Uniform Crime Reporting Program, which shall be

included in its annual Crime in Illinois report.

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

Section 50. The Illinois Insurance Code is amended by

changing Section 500-135 as follows:

(215 ILCS 5/500-135)

(Section scheduled to be repealed on January 1, 2027)

Sec. 500-135. Fees.

(a) The fees required by this Article are as follows:

(1) a fee of $215 for a person who is a resident of

Illinois, and $380 for a person who is not a resident of

Illinois, payable once every 2 years for an insurance

producer license;

(2) a fee of $50 for the issuance of a temporary

insurance producer license;

(3) a fee of $150 payable once every 2 years for a

business entity;

(4) an annual $50 fee for a limited line producer

license issued under items (1) through (8) of subsection

(a) of Section 500-100;

(5) a $50 application fee for the processing of a

request to take the written examination for an insurance

producer license;

(6) an annual registration fee of $1,000 for

registration of an education provider;

(7) a certification fee of $50 for each certified

pre-licensing or continuing education course and an annual

fee of $20 for renewing the certification of each such

course;

(8) a fee of $215 for a person who is a resident of

Illinois, and $380 for a person who is not a resident of

Illinois, payable once every 2 years for a car rental

limited line license;

(9) a fee of $200 payable once every 2 years for a

limited lines license other than the licenses issued under

items (1) through (8) of subsection (a) of Section

500-100, a car rental limited line license, or a

self-service storage facility limited line license;

(10) a fee of $50 payable once every 2 years for a

self-service storage facility limited line license.

(a-5) Beginning on July 1, 2021, an amount equal to the

additional amount of revenue collected under paragraphs (1)

and (8) of subsection (a) as a result of the increase in the

fees under this amendatory Act of the 102nd General Assembly

shall be transferred annually, with 10% of that amount paid

into the State Police Law Enforcement Administration Fund

State Police Training and Academy Fund and 90% of that amount

paid into the Law Enforcement Training Fund.

(b) Except as otherwise provided, all fees paid to and

collected by the Director under this Section shall be paid

promptly after receipt thereof, together with a detailed

statement of such fees, into a special fund in the State

Treasury to be known as the Insurance Producer Administration

Fund. The moneys deposited into the Insurance Producer

Administration Fund may be used only for payment of the

expenses of the Department in the execution, administration,

and enforcement of the insurance laws of this State, and shall

be appropriated as otherwise provided by law for the payment

of those expenses with first priority being any expenses

incident to or associated with the administration and

enforcement of this Article.

(Source: P.A. 102-16, eff. 6-17-21.)

Section 55. The Illinois Gambling Act is amended by

changing Sections 7.7 and 22 as follows:

(230 ILCS 10/7.7)

Sec. 7.7. Organization gaming licenses.

(a) The Illinois Gaming Board shall award one organization

gaming license to each person or entity having operating

control of a racetrack that applies under Section 56 of the

Illinois Horse Racing Act of 1975, subject to the application

and eligibility requirements of this Section. Within 60 days

after the effective date of this amendatory Act of the 101st

General Assembly, a person or entity having operating control

of a racetrack may submit an application for an organization

gaming license. The application shall be made on such forms as

provided by the Board and shall contain such information as

the Board prescribes, including, but not limited to, the

identity of any racetrack at which gaming will be conducted

pursuant to an organization gaming license, detailed

information regarding the ownership and management of the

applicant, and detailed personal information regarding the

applicant. The application shall specify the number of gaming

positions the applicant intends to use and the place where the

organization gaming facility will operate. A person who

knowingly makes a false statement on an application is guilty

of a Class A misdemeanor.

Each applicant shall disclose the identity of every person

or entity having a direct or indirect pecuniary interest

greater than 1% in any racetrack with respect to which the

license is sought. If the disclosed entity is a corporation,

the applicant shall disclose the names and addresses of all

officers, stockholders, and directors. If the disclosed entity

is a limited liability company, the applicant shall disclose

the names and addresses of all members and managers. If the

disclosed entity is a partnership, the applicant shall

disclose the names and addresses of all partners, both general

and limited. If the disclosed entity is a trust, the applicant

shall disclose the names and addresses of all beneficiaries.

An application shall be filed and considered in accordance

with the rules of the Board. Each application for an

organization gaming license shall include a nonrefundable

application fee of $250,000. In addition, a nonrefundable fee

of $50,000 shall be paid at the time of filing to defray the

costs associated with background investigations conducted by

the Board. If the costs of the background investigation exceed

$50,000, the applicant shall pay the additional amount to the

Board within 7 days after a request by the Board. If the costs

of the investigation are less than $50,000, the applicant

shall receive a refund of the remaining amount. All

information, records, interviews, reports, statements,

memoranda, or other data supplied to or used by the Board in

the course of this review or investigation of an applicant for

an organization gaming license under this Act shall be

privileged and strictly confidential and shall be used only

for the purpose of evaluating an applicant for an organization

gaming license or a renewal. Such information, records,

interviews, reports, statements, memoranda, or other data

shall not be admissible as evidence nor discoverable in any

action of any kind in any court or before any tribunal, board,

agency or person, except for any action deemed necessary by

the Board. The application fee shall be deposited into the

State Gaming Fund.

Any applicant or key person, including the applicant's

owners, officers, directors (if a corporation), managers and

members (if a limited liability company), and partners (if a

partnership), for an organization gaming license shall submit

with his or her application, on forms provided by the Board, 2

sets of have his or her fingerprints. The board shall charge

each applicant a fee set by submitted to the Illinois State

Police to defray the costs associated with the search and

classification of fingerprints obtained by the Board with

respect to the applicant's application. The fees in an

electronic format that complies with the form and manner for

requesting and furnishing criminal history record information

as prescribed by the Illinois State Police. These fingerprints

shall be checked against the Illinois State Police and Federal

Bureau of Investigation criminal history record databases now

and hereafter filed, including, but not limited to, civil,

criminal, and latent fingerprint databases. The Illinois State

Police shall charge applicants a fee for conducting the

criminal history records check, which shall be deposited into

the State Police Services Fund and shall not exceed the actual

cost of the records check. The Illinois State Police shall

furnish, pursuant to positive identification, records of

Illinois criminal history to the Illinois State Police.

(b) The Board shall determine within 120 days after

receiving an application for an organization gaming license

whether to grant an organization gaming license to the

applicant. If the Board does not make a determination within

that time period, then the Board shall give a written

explanation to the applicant as to why it has not reached a

determination and when it reasonably expects to make a

determination.

The organization gaming licensee shall purchase up to the

amount of gaming positions authorized under this Act within

120 days after receiving its organization gaming license. If

an organization gaming licensee is prepared to purchase the

gaming positions, but is temporarily prohibited from doing so

by order of a court of competent jurisdiction or the Board,

then the 120-day period is tolled until a resolution is

reached.

An organization gaming license shall authorize its holder

to conduct gaming under this Act at its racetracks on the same

days of the year and hours of the day that owners licenses are

allowed to operate under approval of the Board.

An organization gaming license and any renewal of an

organization gaming license shall authorize gaming pursuant to

this Section for a period of 4 years. The fee for the issuance

or renewal of an organization gaming license shall be

$250,000.

All payments by licensees under this subsection (b) shall

be deposited into the Rebuild Illinois Projects Fund.

(c) To be eligible to conduct gaming under this Section, a

person or entity having operating control of a racetrack must

(i) obtain an organization gaming license, (ii) hold an

organization license under the Illinois Horse Racing Act of

1975, (iii) hold an inter-track wagering license, (iv) pay an

initial fee of $30,000 per gaming position from organization

gaming licensees where gaming is conducted in Cook County and,

except as provided in subsection (c-5), $17,500 for

organization gaming licensees where gaming is conducted

outside of Cook County before beginning to conduct gaming plus

make the reconciliation payment required under subsection (k),

(v) conduct live racing in accordance with subsections (e-1),

(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act

of 1975, (vi) meet the requirements of subsection (a) of

Section 56 of the Illinois Horse Racing Act of 1975, (vii) for

organization licensees conducting standardbred race meetings,

keep backstretch barns and dormitories open and operational

year-round unless a lesser schedule is mutually agreed to by

the organization licensee and the horsemen association racing

at that organization licensee's race meeting, (viii) for

organization licensees conducting thoroughbred race meetings,

the organization licensee must maintain accident medical

expense liability insurance coverage of $1,000,000 for

jockeys, and (ix) meet all other requirements of this Act that

apply to owners licensees.

An organization gaming licensee may enter into a joint

venture with a licensed owner to own, manage, conduct, or

otherwise operate the organization gaming licensee's

organization gaming facilities, unless the organization gaming

licensee has a parent company or other affiliated company that

is, directly or indirectly, wholly owned by a parent company

that is also licensed to conduct organization gaming, casino

gaming, or their equivalent in another state.

All payments by licensees under this subsection (c) shall

be deposited into the Rebuild Illinois Projects Fund.

(c-5) A person or entity having operating control of a

racetrack located in Madison County shall only pay the initial

fees specified in subsection (c) for 540 of the gaming

positions authorized under the license.

(d) A person or entity is ineligible to receive an

organization gaming license if:

(1) the person or entity has been convicted of a

felony under the laws of this State, any other state, or

the United States, including a conviction under the

Racketeer Influenced and Corrupt Organizations Act;

(2) the person or entity has been convicted of any

violation of Article 28 of the Criminal Code of 2012, or

substantially similar laws of any other jurisdiction;

(3) the person or entity has submitted an application

for a license under this Act that contains false

information;

(4) the person is a member of the Board;

(5) a person defined in (1), (2), (3), or (4) of this

subsection (d) is an officer, director, or managerial

employee of the entity;

(6) the person or entity employs a person defined in

(1), (2), (3), or (4) of this subsection (d) who

participates in the management or operation of gambling

operations authorized under this Act; or

(7) a license of the person or entity issued under

this Act or a license to own or operate gambling

facilities in any other jurisdiction has been revoked.

(e) The Board may approve gaming positions pursuant to an

organization gaming license statewide as provided in this

Section. The authority to operate gaming positions under this

Section shall be allocated as follows: up to 1,200 gaming

positions for any organization gaming licensee in Cook County

and up to 900 gaming positions for any organization gaming

licensee outside of Cook County.

(f) Each applicant for an organization gaming license

shall specify in its application for licensure the number of

gaming positions it will operate, up to the applicable

limitation set forth in subsection (e) of this Section. Any

unreserved gaming positions that are not specified shall be

forfeited and retained by the Board. For the purposes of this

subsection (f), an organization gaming licensee that did not

conduct live racing in 2010 and is located within 3 miles of

the Mississippi River may reserve up to 900 positions and

shall not be penalized under this Section for not operating

those positions until it meets the requirements of subsection

(e) of this Section, but such licensee shall not request

unreserved gaming positions under this subsection (f) until

its 900 positions are all operational.

Thereafter, the Board shall publish the number of

unreserved gaming positions and shall accept requests for

additional positions from any organization gaming licensee

that initially reserved all of the positions that were

offered. The Board shall allocate expeditiously the unreserved

gaming positions to requesting organization gaming licensees

in a manner that maximizes revenue to the State. The Board may

allocate any such unused gaming positions pursuant to an open

and competitive bidding process, as provided under Section 7.5

of this Act. This process shall continue until all unreserved

gaming positions have been purchased. All positions obtained

pursuant to this process and all positions the organization

gaming licensee specified it would operate in its application

must be in operation within 18 months after they were obtained

or the organization gaming licensee forfeits the right to

operate those positions, but is not entitled to a refund of any

fees paid. The Board may, after holding a public hearing,

grant extensions so long as the organization gaming licensee

is working in good faith to make the positions operational.

The extension may be for a period of 6 months. If, after the

period of the extension, the organization gaming licensee has

not made the positions operational, then another public

hearing must be held by the Board before it may grant another

extension.

Unreserved gaming positions retained from and allocated to

organization gaming licensees by the Board pursuant to this

subsection (f) shall not be allocated to owners licensees

under this Act.

For the purpose of this subsection (f), the unreserved

gaming positions for each organization gaming licensee shall

be the applicable limitation set forth in subsection (e) of

this Section, less the number of reserved gaming positions by

such organization gaming licensee, and the total unreserved

gaming positions shall be the aggregate of the unreserved

gaming positions for all organization gaming licensees.

(g) An organization gaming licensee is authorized to

conduct the following at a racetrack:

(1) slot machine gambling;

(2) video game of chance gambling;

(3) gambling with electronic gambling games as defined

in this Act or defined by the Illinois Gaming Board; and

(4) table games.

(h) Subject to the approval of the Illinois Gaming Board,

an organization gaming licensee may make modification or

additions to any existing buildings and structures to comply

with the requirements of this Act. The Illinois Gaming Board

shall make its decision after consulting with the Illinois

Racing Board. In no case, however, shall the Illinois Gaming

Board approve any modification or addition that alters the

grounds of the organization licensee such that the act of live

racing is an ancillary activity to gaming authorized under

this Section. Gaming authorized under this Section may take

place in existing structures where inter-track wagering is

conducted at the racetrack or a facility within 300 yards of

the racetrack in accordance with the provisions of this Act

and the Illinois Horse Racing Act of 1975.

(i) An organization gaming licensee may conduct gaming at

a temporary facility pending the construction of a permanent

facility or the remodeling or relocation of an existing

facility to accommodate gaming participants for up to 24

months after the temporary facility begins to conduct gaming

authorized under this Section. Upon request by an organization

gaming licensee and upon a showing of good cause by the

organization gaming licensee, the Board shall extend the

period during which the licensee may conduct gaming authorized

under this Section at a temporary facility by up to 12 months.

The Board shall make rules concerning the conduct of gaming

authorized under this Section from temporary facilities.

The gaming authorized under this Section may take place in

existing structures where inter-track wagering is conducted at

the racetrack or a facility within 300 yards of the racetrack

in accordance with the provisions of this Act and the Illinois

Horse Racing Act of 1975.

(i-5) Under no circumstances shall an organization gaming

licensee conduct gaming at any State or county fair.

(j) The Illinois Gaming Board must adopt emergency rules

in accordance with Section 5-45 of the Illinois Administrative

Procedure Act as necessary to ensure compliance with the

provisions of this amendatory Act of the 101st General

Assembly concerning the conduct of gaming by an organization

gaming licensee. The adoption of emergency rules authorized by

this subsection (j) shall be deemed to be necessary for the

public interest, safety, and welfare.

(k) Each organization gaming licensee who obtains gaming

positions must make a reconciliation payment 3 years after the

date the organization gaming licensee begins operating the

positions in an amount equal to 75% of the difference between

its adjusted gross receipts from gaming authorized under this

Section and amounts paid to its purse accounts pursuant to

item (1) of subsection (b) of Section 56 of the Illinois Horse

Racing Act of 1975 for the 12-month period for which such

difference was the largest, minus an amount equal to the

initial per position fee paid by the organization gaming

licensee. If this calculation results in a negative amount,

then the organization gaming licensee is not entitled to any

reimbursement of fees previously paid. This reconciliation

payment may be made in installments over a period of no more

than 6 years.

All payments by licensees under this subsection (k) shall

be deposited into the Rebuild Illinois Projects Fund.

(l) As soon as practical after a request is made by the

Illinois Gaming Board, to minimize duplicate submissions by

the applicant, the Illinois Racing Board must provide

information on an applicant for an organization gaming license

to the Illinois Gaming Board.

(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19;

101-648, eff. 6-30-20; 102-538, eff. 8-20-21.)

(230 ILCS 10/22) (from Ch. 120, par. 2422)

Sec. 22. Criminal history record information. Whenever the

Board is authorized or required by law, including, but not

limited to, requirements under Sections 6, 7, 7.4, 7.7, and 9

of this Act, to consider some aspect of criminal history

record information for the purpose of carrying out its

statutory powers and responsibilities, the Board shall, in the

form and manner required by the Illinois State Police and the

Federal Bureau of Investigation, cause to be conducted a

criminal history record investigation to obtain any

information currently or thereafter contained in the files of

the Illinois State Police or the Federal Bureau of

Investigation, including, but not limited to, civil, criminal,

and latent fingerprint databases. To facilitate this

investigation, the Board shall direct each Each applicant for

occupational licensing under sections 6, 7, 7.4, 7.7, and

Section 9 or key person as defined by the Board in

administrative rules to shall submit his or her fingerprints

to the Illinois State Police in the form and manner prescribed

by the Illinois State Police. These fingerprints shall be

checked against the fingerprint records now and hereafter

filed in the Illinois State Police and Federal Bureau of

Investigation criminal history records databases, including,

but not limited to, civil, criminal, and latent fingerprint

databases. The Illinois State Police shall charge a fee for

conducting the criminal history records check, which shall be

deposited in the State Police Services Fund and shall not

exceed the actual cost of the records check. The Illinois

State Police shall provide, on the Board's request,

information concerning any criminal charges, and their

disposition, currently or thereafter filed against any

applicant, key person, or holder of any license or for

determinations of suitability. Information obtained as a

result of an investigation under this Section shall be used in

determining eligibility for any license. Upon request and

payment of fees in conformance with the requirements of

Section 2605-400 of the Illinois State Police Law, the

Illinois State Police is authorized to furnish, pursuant to

positive identification, such information contained in State

files as is necessary to fulfill the request.

(Source: P.A. 101-597, eff. 12-6-19; 102-538, eff. 8-20-21.)

Section 60. The Firearm Owners Identification Card Act is

amended by changing Section 5 as follows

(430 ILCS 65/5) (from Ch. 38, par. 83-5)

Sec. 5. Application and renewal.

(a) The Illinois State Police shall either approve or deny

all applications within 30 days from the date they are

received, except as provided in subsections (b) and (c), and

every applicant found qualified under Section 8 of this Act by

the Illinois State Police shall be entitled to a Firearm

Owner's Identification Card upon the payment of a $10 fee and

applicable processing fees. The processing fees shall be

limited to charges by the State Treasurer for using the

electronic online payment system. Any applicant who is an

active duty member of the Armed Forces of the United States, a

member of the Illinois National Guard, or a member of the

Reserve Forces of the United States is exempt from the

application fee. $5 of each fee derived from the issuance of a

Firearm Owner's Identification Card or renewals thereof shall

be deposited in the State Police Firearm Services Fund and $5

into the State Police Firearm Revocation Enforcement Fund.

(b) Renewal applications shall be approved or denied

within 60 business days, provided the applicant submitted his

or her renewal application prior to the expiration of his or

her Firearm Owner's Identification Card. If a renewal

application has been submitted prior to the expiration date of

the applicant's Firearm Owner's Identification Card, the

Firearm Owner's Identification Card shall remain valid while

the Illinois State Police processes the application, unless

the person is subject to or becomes subject to revocation

under this Act. The cost for a renewal application shall be $10

and may include applicable processing fees, which shall be

limited to charges by the State Treasurer for using the

electronic online payment system, which shall be deposited

into the State Police Firearm Services Fund.

(c) If the Firearm Owner's Identification Card of a

licensee under the Firearm Concealed Carry Act expires during

the term of the licensee's concealed carry license, the

Firearm Owner's Identification Card and the license remain

valid and the licensee does not have to renew his or her

Firearm Owner's Identification Card during the duration of the

concealed carry license. Unless the Illinois State Police has

reason to believe the licensee is no longer eligible for the

card, the Illinois State Police may automatically renew the

licensee's Firearm Owner's Identification Card and send a

renewed Firearm Owner's Identification Card to the licensee.

(d) The Illinois State Police may adopt rules concerning

the use of voluntarily submitted fingerprints, as allowed by

State and federal law.

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

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

Section 65. The Criminal Code of 2012 is amended by

changing Sections 29B-7 and 29B-12 as follows:

(720 ILCS 5/29B-7)

Sec. 29B-7. Safekeeping of seized property pending

disposition.

(a) If property is seized under this Article, the seizing

agency shall promptly conduct an inventory of the seized

property and estimate the property's value and shall forward a

copy of the inventory of seized property and the estimate of

the property's value to the Director. Upon receiving notice of

seizure, the Director may:

(1) place the property under seal;

(2) remove the property to a place designated by the

Director;

(3) keep the property in the possession of the seizing

agency;

(4) remove the property to a storage area for

safekeeping or, if the property is a negotiable instrument

or money and is not needed for evidentiary purposes,

deposit it in an interest bearing account;

(5) place the property under constructive seizure by

posting notice of pending forfeiture on it, by giving

notice of pending forfeiture to its owners and interest

holders, or by filing notice of pending forfeiture in any

appropriate public record relating to the property; or

(6) provide for another agency or custodian, including

an owner, secured party, or lienholder, to take custody of

the property upon the terms and conditions set by the

Director.

(b) When property is forfeited under this Article, the

Director or the Director's designee shall sell all the

property unless the property is required by law to be

destroyed or is harmful to the public and shall distribute the

proceeds of the sale, together with any moneys forfeited or

seized, under Section 29B-26 of this Article.

(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)

(720 ILCS 5/29B-12)

Sec. 29B-12. Non-judicial forfeiture. If non-real

property that exceeds $20,000 in value excluding the value of

any conveyance, or if real property is seized under the

provisions of this Article, the State's Attorney shall

institute judicial in rem forfeiture proceedings as described

in Section 29B-13 of this Article within 28 days from receipt

of notice of seizure from the seizing agency under Section

29B-8 of this Article. However, if non-real property that does

not exceed $20,000 in value excluding the value of any

conveyance is seized, the following procedure shall be used:

(1) If, after review of the facts surrounding the

seizure, the State's Attorney is of the opinion that the

seized property is subject to forfeiture, then, within 28

days after the receipt of notice of seizure from the

seizing agency, the State's Attorney shall cause notice of

pending forfeiture to be given to the owner of the

property and all known interest holders of the property in

accordance with Section 29B-10 of this Article.

(2) The notice of pending forfeiture shall include a

description of the property, the estimated value of the

property, the date and place of seizure, the conduct

giving rise to forfeiture or the violation of law alleged,

and a summary of procedures and procedural rights

applicable to the forfeiture action.

(3)(A) Any person claiming an interest in property

that is the subject of notice under paragraph (1) of this

Section, must, in order to preserve any rights or claims

to the property, within 45 days after the effective date

of notice as described in Section 29B-10 of this Article,

file a verified claim with the State's Attorney expressing

his or her interest in the property. The claim shall set

forth:

(i) the caption of the proceedings as set forth on

the notice of pending forfeiture and the name of the

claimant;

(ii) the address at which the claimant will accept

mail;

(iii) the nature and extent of the claimant's

interest in the property;

(iv) the date, identity of the transferor, and

circumstances of the claimant's acquisition of the

interest in the property;

(v) the names and addresses of all other persons

known to have an interest in the property;

(vi) the specific provision of law relied on in

asserting the property is not subject to forfeiture;

(vii) all essential facts supporting each

assertion; and

(viii) the relief sought.

(B) If a claimant files the claim, then the State's

Attorney shall institute judicial in rem forfeiture

proceedings with the clerk of the court as described in

Section 29B-13 of this Article within 28 days after

receipt of the claim.

(4) If no claim is filed within the 28-day period as

described in paragraph (3) of this Section, the State's

Attorney shall declare the property forfeited and shall

promptly notify the owner and all known interest holders

of the property and the Director of the Illinois State

Police of the declaration of forfeiture and the Director

or the Director's designee shall dispose of the property

in accordance with law.

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

Section 70. The Drug Asset Forfeiture Procedure Act is

amended by changing Section 6 as follows:

(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)

Sec. 6. Non-judicial forfeiture. If non-real property that

exceeds $150,000 in value excluding the value of any

conveyance, or if real property is seized under the provisions

of the Illinois Controlled Substances Act, the Cannabis

Control Act, or the Methamphetamine Control and Community

Protection Act, the State's Attorney shall institute judicial

in rem forfeiture proceedings as described in Section 9 of

this Act within 28 days from receipt of notice of seizure from

the seizing agency under Section 5 of this Act. However, if

non-real property that does not exceed $150,000 in value

excluding the value of any conveyance is seized, the following

procedure shall be used:

(A) If, after review of the facts surrounding the

seizure, the State's Attorney is of the opinion that the

seized property is subject to forfeiture, then, within 28

days of the receipt of notice of seizure from the seizing

agency, the State's Attorney shall cause notice of pending

forfeiture to be given to the owner of the property and all

known interest holders of the property in accordance with

Section 4 of this Act.

(B) The notice of pending forfeiture must include a

description of the property, the estimated value of the

property, the date and place of seizure, the conduct

giving rise to forfeiture or the violation of law alleged,

and a summary of procedures and procedural rights

applicable to the forfeiture action.

(C)(1) Any person claiming an interest in property

which is the subject of notice under subsection (A) of

this Section may, within 45 days after the effective date

of notice as described in Section 4 of this Act, file a

verified claim with the State's Attorney expressing his or

her interest in the property. The claim must set forth:

(i) the caption of the proceedings as set forth on

the notice of pending forfeiture and the name of the

claimant;

(ii) the address at which the claimant will accept

mail;

(iii) the nature and extent of the claimant's

interest in the property;

(iv) the date, identity of the transferor, and

circumstances of the claimant's acquisition of the

interest in the property;

(v) the names and addresses of all other persons

known to have an interest in the property;

(vi) the specific provision of law relied on in

asserting the property is not subject to forfeiture;

(vii) all essential facts supporting each

assertion; and

(viii) the relief sought.

(2) If a claimant files the claim then the State's

Attorney shall institute judicial in rem forfeiture

proceedings within 28 days after receipt of the claim.

(D) If no claim is filed within the 45-day period as

described in subsection (C) of this Section, the State's

Attorney shall declare the property forfeited and shall

promptly notify the owner and all known interest holders

of the property and the Director of the Illinois State

Police of the declaration of forfeiture and the Director

or the Director's designee shall dispose of the property

in accordance with law.

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

Section 75. The Unified Code of Corrections is amended by

changing Section 5-5.5-5 as follows:

(730 ILCS 5/5-5.5-5)

Sec. 5-5.5-5. Definition. In this Article, "eligible

offender" means a person who has been convicted of a crime in

this State or of an offense in any other jurisdiction that does

not include any offense or attempted offense that would

subject a person to registration under the Sex Offender

Registration Act, Arsonist Registry Act the Arsonist

Registration Act, or the Murderer and Violent Offender Against

Youth Registration Act. "Eligible offender" does not include a

person who has been convicted of arson, aggravated arson,

kidnapping, aggravated kidnaping, aggravated driving under the

influence of alcohol, other drug or drugs, or intoxicating

compound or compounds, or any combination thereof, or

aggravated domestic battery.

(Source: P.A. 99-381, eff. 1-1-16; 99-642, eff. 7-28-16.)

Section 80. The Arsonist Registration Act is amended by

changing Sections 1, 5, 10, 60, and 75 as follows:

(730 ILCS 148/1)

Sec. 1. Short title. This Act may be cited as the Arsonist

Registry Registration Act.

(Source: P.A. 93-949, eff. 1-1-05.)

(730 ILCS 148/5)

Sec. 5. Definitions. In this Act:

(a) "Arsonist" means any person who is:

(1) charged under Illinois law, or any substantially

similar federal, Uniform Code of Military Justice, sister

state, or foreign country law, with an arson offense, set

forth in subsection (b) of this Section or the attempt to

commit an included arson offense, and:

(i) is convicted of such offense or an attempt to

commit such offense; or

(ii) is found not guilty by reason of insanity of

such offense or an attempt to commit such offense; or

(iii) is found not guilty by reason of insanity

under subsection (c) of Section 104-25 of the Code of

Criminal Procedure of 1963 of such offense or an

attempt to commit such offense; or

(iv) is the subject of a finding not resulting in

an acquittal at a hearing conducted under subsection

(a) of Section 104-25 of the Code of Criminal

Procedure of 1963 for the alleged commission or

attempted commission of such offense; or

(v) is found not guilty by reason of insanity

following a hearing conducted under a federal, Uniform

Code of Military Justice, sister state, or foreign

country law substantially similar to subsection (c) of

Section 104-25 of the Code of Criminal Procedure of

1963 of such offense or of the attempted commission of

such offense; or

(vi) is the subject of a finding not resulting in

an acquittal at a hearing conducted under a federal,

Uniform Code of Military Justice, sister state, or

foreign country law substantially similar to

subsection (a) of Section 104-25 of the Code of

Criminal Procedure of 1963 for the alleged violation

or attempted commission of such offense;

(2) a minor who has been tried and convicted in an

adult criminal prosecution as the result of committing or

attempting to commit an offense specified in subsection

(b) of this Section or a violation of any substantially

similar federal, Uniform Code of Military Justice, sister

state, or foreign country law. Convictions that result

from or are connected with the same act, or result from

offenses committed at the same time, shall be counted for

the purpose of this Act as one conviction. Any conviction

set aside under law is not a conviction for purposes of

this Act.

(b) "Arson offense" means:

(1) A conviction violation of any of the following

Sections of the Criminal Code of 1961 or the Criminal Code

of 2012:

(i) 20-1 (arson; residential arson; place of

worship arson),

(ii) 20-1.1 (aggravated arson),

(iii) 20-1(b) or 20-1.2 (residential arson),

(iv) 20-1(b-5) or 20-1.3 (place of worship arson),

(v) 20-2 (possession of explosives or explosive or

incendiary devices), or

(vi) An attempt to commit any of the offenses

listed in clauses (i) through (v).

(2) A violation of any former law of this State

substantially equivalent to any offense listed in

subsection (b) of this Section.

(c) A conviction for an offense of federal law, Uniform

Code of Military Justice, or the law of another state or a

foreign country that is substantially equivalent to any

offense listed in subsection (b) of this Section shall

constitute a conviction for the purpose of this Act.

(d) "Law enforcement agency having jurisdiction" means the

Chief of Police in each of the municipalities in which the

arsonist expects to reside, work, or attend school (1) upon

his or her discharge, parole or release or (2) during the

service of his or her sentence of probation or conditional

discharge, or the Sheriff of the county, in the event no Police

Chief exists or if the offender intends to reside, work, or

attend school in an unincorporated area. "Law enforcement

agency having jurisdiction" includes the location where

out-of-state students attend school and where out-of-state

employees are employed or are otherwise required to register.

(e) "Out-of-state student" means any arsonist, as defined

in this Section, who is enrolled in Illinois, on a full-time or

part-time basis, in any public or private educational

institution, including, but not limited to, any secondary

school, trade or professional institution, or institution of

higher learning.

(f) "Out-of-state employee" means any arsonist, as defined

in this Section, who works in Illinois, regardless of whether

the individual receives payment for services performed, for a

period of time of 10 or more days or for an aggregate period of

time of 30 or more days during any calendar year. Persons who

operate motor vehicles in the State accrue one day of

employment time for any portion of a day spent in Illinois.

(g) "I-CLEAR" means the Illinois Citizens and Law

Enforcement Analysis and Reporting System.

(Source: P.A. 99-78, eff. 7-20-15.)

(730 ILCS 148/10)

Sec. 10. Statewide Arsonist Database Duty to register.

(a) 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. For every person convicted

of a violation of an arson offense on or after the effective

date of this amendatory Act of the 103rd General Assembly, the

Statewide Arsonist Database shall contain information relating

to each arsonist for a period of 10 years after conviction for

an arson offense. The information may include the arsonist's

name, date of birth, offense or offenses requiring inclusion

in the Statewide Arsonist Database, the conviction date and

county of each such offense, and such other identifying

information as the Illinois State Police deems necessary to

identify the arsonist, but shall not include the social

security number of the arsonist. The registry may include a

photograph of the arsonist.

(b) The Illinois State Police may adopt rules in

accordance with the Illinois Administrative Procedure Act to

implement this Section and those rules must include procedures

to ensure that the information in the database is accurate,

and that the information in the database reflects any changes

based on the reversal of a conviction for an offense requiring

inclusion in the Statewide Arsonist Database, or a court order

requiring the sealing or expungement of records relating to

the offense. A certified copy of such an order shall be deemed

prima facie true and correct and shall be sufficient to

require the immediate amendment or removal of any person's

information from the Statewide Arsonist Database by the

Illinois State Police.

(c) The Illinois State Police must have the Statewide

Arsonist Database created and ready to comply with the

requirements of this Section no later than July 1, 2025. An

arsonist shall, within the time period prescribed in

subsections (b) and (c), register in person and provide

accurate information as required by the Illinois State Police.

Such information shall include current address, current place

of employment, and school attended. The arsonist shall

register:

(1) with the chief of police in each of the

municipalities in which he or she attends school, is

employed, resides or is temporarily domiciled for a period

of time of 10 or more days, unless the municipality is the

City of Chicago, in which case he or she shall register at

a fixed location designated by the Superintendent of the

Chicago Police Department; or

(2) with the sheriff in each of the counties in which

he or she attends school, is employed, resides or is

temporarily domiciled in an unincorporated area or, if

incorporated, no police chief exists. For purposes of this

Act, the place of residence or temporary domicile is

defined as any and all places where the arsonist resides

for an aggregate period of time of 10 or more days during

any calendar year. The arsonist shall provide accurate

information as required by the Illinois State Police. That

information shall include the arsonist's current place of

employment.

(a-5) An out-of-state student or out-of-state employee

shall, within 10 days after beginning school or employment in

this State, register in person and provide accurate

information as required by the Illinois State Police. Such

information must include current place of employment, school

attended, and address in state of residence:

(1) with the chief of police in each of the

municipalities in which he or she attends school or is

employed for a period of time of 10 or more days or for an

aggregate period of time of more than 30 days during any

calendar year, unless the municipality is the City of

Chicago, in which case he or she shall register at a fixed

location designated by the Superintendent of the Chicago

Police Department; or

(2) with the sheriff in each of the counties in which

he or she attends school or is employed for a period of

time of 10 or more days or for an aggregate period of time

of more than 30 days during any calendar year in an

unincorporated area or, if incorporated, no police chief

exists. The out-of-state student or out-of-state employee

shall provide accurate information as required by the

Illinois State Police. That information shall include the

out-of-state student's current place of school attendance

or the out-of-state employee's current place of

employment.

(b) An arsonist as defined in Section 5 of this Act,

regardless of any initial, prior, or other registration,

shall, within 10 days of beginning school, or establishing a

residence, place of employment, or temporary domicile in any

county, register in person as set forth in subsection (a) or

(a-5).

(c) The registration for any person required to register

under this Act shall be as follows:

(1) Except as provided in paragraph (3) of this

subsection (c), any person who has not been notified of

his or her responsibility to register shall be notified by

a criminal justice entity of his or her responsibility to

register. Upon notification the person must then register

within 10 days of notification of his or her requirement

to register. If notification is not made within the

offender's 10 year registration requirement, and the

Illinois State Police determines no evidence exists or

indicates the offender attempted to avoid registration,

the offender will no longer be required to register under

this Act.

(2) Except as provided in paragraph (3) of this

subsection (c), any person convicted on or after the

effective date of this Act shall register in person within

10 days after the entry of the sentencing order based upon

his or her conviction.

(3) Any person unable to comply with the registration

requirements of this Act because he or she is confined,

institutionalized, or imprisoned in Illinois on or after

the effective date of this Act shall register in person

within 10 days of discharge, parole or release.

(4) The person shall provide positive identification

and documentation that substantiates proof of residence at

the registering address.

(5) The person shall pay a $10 initial registration

fee and a $5 annual renewal fee. The fees shall be used by

the registering agency for official purposes. The agency

shall establish procedures to document receipt and use of

the funds. The law enforcement agency having jurisdiction

may waive the registration fee if it determines that the

person is indigent and unable to pay the registration fee.

(d) Within 10 days after obtaining or changing employment,

a person required to register under this Section must report,

in person or in writing to the law enforcement agency having

jurisdiction, the business name and address where he or she is

employed. If the person has multiple businesses or work

locations, every business and work location must be reported

to the law enforcement agency having jurisdiction.

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

(730 ILCS 148/60)

Sec. 60. Public inspection of registry registration data.

(a) Except as otherwise provided in subsection (b), the

statements or any other information required by this Act shall

not be open to inspection by the public, or by any person other

than by a law enforcement officer or other individual as may be

authorized by law and shall include law enforcement agencies

of this State, any other state, or of the federal government.

Similar information may be requested from any law enforcement

agency of another state or of the federal government for

purposes of this Act. It is a Class B misdemeanor to permit the

unauthorized release of any information required by this Act.

(b) The Illinois State Police shall furnish to the Office

of the State Fire Marshal the registry registration

information concerning persons covered who are required to

register under this Act. The Office of the State Fire Marshal

shall establish and maintain a Statewide Arsonist Database for

the purpose of making that information available to the public

on the Internet by means of a hyperlink labeled "Arsonist

Information" on the Office of the State Fire Marshal's

website.

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

(730 ILCS 148/75)

Sec. 75. Access to State of Illinois databases. The

Illinois State Police shall have access to State of Illinois

databases containing information that may help in the

identification or location of persons covered required to

register under this Act. Interagency agreements shall be

implemented, consistent with security and procedures

established by the State agency and consistent with the laws

governing the confidentiality of the information in the

databases. Information shall be used only for administration

of this Act.

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

(730 ILCS 148/15 rep.)

(730 ILCS 148/20 rep.)

(730 ILCS 148/25 rep.)

(730 ILCS 148/30 rep.)

(730 ILCS 148/35 rep.)

(730 ILCS 148/40 rep.)

(730 ILCS 148/45 rep.)

(730 ILCS 148/50 rep.)

(730 ILCS 148/55 rep.)

(730 ILCS 148/65 rep.)

(730 ILCS 148/70 rep.)

(730 ILCS 148/80 rep.)

Section 85. The Arsonist Registration Act is amended by

repealing Sections 15, 20, 25, 30, 35, 40, 45, 50, 55, 65, 70,

and 80.

Section 90. The Code of Civil Procedure is amended by

changing Sections 21-101 and 21-102 as follows:

(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)

Sec. 21-101. Proceedings; parties.

(a) If any person who is a resident of this State and has

resided in this State for 6 months desires to change his or her

name and to assume another name by which to be afterwards

called and known, the person may file a petition requesting

that relief in the circuit court of the county wherein he or

she resides.

(b) A person who has been convicted of any offense for

which a person is required to register under the Sex Offender

Registration Act, the Murderer and Violent Offender Against

Youth Registration Act, or the Arsonist Registry Act Arsonist

Registration Act in this State or any other state and who has

not been pardoned is not permitted to file a petition for a

name change in the courts of this State during the period that

the person is required to register, unless that person

verifies under oath, as provided under Section 1-109, that the

petition for the name change is due to marriage, religious

beliefs, status as a victim of trafficking or gender-related

identity as defined by the Illinois Human Rights Act. A judge

may grant or deny the request for legal name change filed by

such persons. Any such persons granted a legal name change

shall report the change to the law enforcement agency having

jurisdiction of their current registration pursuant to the

Duty to Report requirements specified in Section 35 of the

Arsonist Registration Act, Section 20 of the Murderer and

Violent Offender Against Youth Registration Act, and Section 6

of the Sex Offender Registration Act. For the purposes of this

subsection, a person will not face a felony charge if the

person's request for legal name change is denied without proof

of perjury.

(b-1) A person who has been convicted of a felony offense

in this State or any other state and whose sentence has not

been completed, terminated, or discharged is not permitted to

file a petition for a name change in the courts of this State

unless that person is pardoned for the offense.

(c) A petitioner may include his or her spouse and adult

unmarried children, with their consent, and his or her minor

children where it appears to the court that it is for their

best interest, in the petition and relief requested, and the

court's order shall then include the spouse and children.

Whenever any minor has resided in the family of any person for

the space of 3 years and has been recognized and known as an

adopted child in the family of that person, the application

herein provided for may be made by the person having that minor

in his or her family.

An order shall be entered as to a minor only if the court

finds by clear and convincing evidence that the change is

necessary to serve the best interest of the child. In

determining the best interest of a minor child under this

Section, the court shall consider all relevant factors,

including:

(1) The wishes of the child's parents and any person

acting as a parent who has physical custody of the child.

(2) The wishes of the child and the reasons for those

wishes. The court may interview the child in chambers to

ascertain the child's wishes with respect to the change of

name. Counsel shall be present at the interview unless

otherwise agreed upon by the parties. The court shall

cause a court reporter to be present who shall make a

complete record of the interview instantaneously to be

part of the record in the case.

(3) The interaction and interrelationship of the child

with his or her parents or persons acting as parents who

have physical custody of the child, step-parents,

siblings, step-siblings, or any other person who may

significantly affect the child's best interest.

(4) The child's adjustment to his or her home, school,

and community.

(d) If it appears to the court that the conditions and

requirements under this Article have been complied with and

that there is no reason why the relief requested should not be

granted, the court, by an order to be entered of record, may

direct and provide that the name of that person be changed in

accordance with the relief requested in the petition. If the

circuit court orders that a name change be granted to a person

who has been adjudicated or convicted of a felony or

misdemeanor offense under the laws of this State or any other

state for which a pardon has not been granted, or has an arrest

for which a charge has not been filed or a pending charge on a

felony or misdemeanor offense, a copy of the order, including

a copy of each applicable access and review response, shall be

forwarded to the Illinois State Police. The Illinois State

Police shall update any criminal history transcript or

offender registration of each person 18 years of age or older

in the order to include the change of name as well as his or

her former name.

(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;

revised 12-15-23.)

(735 ILCS 5/21-102) (from Ch. 110, par. 21-102)

Sec. 21-102. Petition; update criminal history transcript.

(a) The petition shall be a statewide standardized form

approved by the Illinois Supreme Court and shall set forth the

name then held, the name sought to be assumed, the residence of

the petitioner, the length of time the petitioner has resided

in this State, and the state or country of the petitioner's

nativity or supposed nativity. The petition shall include a

statement, verified under oath as provided under Section 1-109

of this Code, whether or not the petitioner or any other person

18 years of age or older who will be subject to a change of

name under the petition if granted: (1) has been adjudicated

or convicted of a felony or misdemeanor offense under the laws

of this State or any other state for which a pardon has not

been granted; or (2) has an arrest for which a charge has not

been filed or a pending charge on a felony or misdemeanor

offense. The petition shall be signed by the person

petitioning or, in case of minors, by the parent or guardian

having the legal custody of the minor.

(b) If the statement provided under subsection (a) of this

Section indicates the petitioner or any other person 18 years

of age or older who will be subject to a change of name under

the petition, if granted, has been adjudicated or convicted of

a felony or misdemeanor offense under the laws of this State or

any other state for which a pardon has not been granted, or has

an arrest for which a charge has not been filed or a pending

charge on a felony or misdemeanor offense, the State's

Attorney may request the court to or the court may on its own

motion, require the person, prior to a hearing on the

petition, to initiate an update of his or her criminal history

transcript with the Illinois State Police. The Illinois State

Police Department shall allow a person to use the Access and

Review process, established by rule in the Illinois State

Police Department, for this purpose. Upon completion of the

update of the criminal history transcript, the petitioner

shall file confirmation of each update with the court, which

shall seal the records from disclosure outside of court

proceedings on the petition.

(c) Any petition filed under subsection (a) shall include

the following: "WARNING: If you are required to register under

the Sex Offender Registration Act, the Murderer and Violent

Offender Against Youth Registration Act, or the Arsonist

Registry Act Arsonist Registration Act in this State or a

similar law in any other state and have not been pardoned, you

will be committing a felony under those respective Acts by

seeking a change of name during the registration period UNLESS

your request for legal name change is due to marriage,

religious beliefs, status as a victim of trafficking or gender

related identity as defined by the Illinois Human Rights

Act.".

(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;

revised 12-15-23.)