Bill Text: IL HB3061 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Identification Act. Allows a person to petition the court and the court to order the sealing of: (1) Class 2 felony conviction records for burglary, delivery of a controlled substance, and possession of a stolen motor vehicle; (2) Class 3 felony conviction records for theft, retail theft, deceptive practices, and forgery; and (3) Class 4 felony conviction records for possession of cannabis, possession of a controlled substance, violation of the Methamphetamine Precursor Control Act, violation of the Steroid Control Act, prostitution, theft, retail theft, deceptive practices, forgery, and possession of burglary tools (rather than only Class 4 felony convictions for possession of cannabis, possession of a controlled substance, Methamphetamine Precursor Control Act, Steroid Control Act, and prostitution). The sealing is allowed 4 years after termination of the person's last sentence. Requires a person petitioning to seal a drug offense to pass a drug test within the 30 days preceding the filing of the petition to seal.

Spectrum: Partisan Bill (Democrat 54-2)

Status: (Passed) 2013-08-02 - Public Act . . . . . . . . . 98-0142 [HB3061 Detail]

Download: Illinois-2013-HB3061-Amended.html

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Rep. La Shawn K. Ford

Filed: 3/12/2013

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AMENDMENT TO HOUSE BILL 3061
AMENDMENT NO. ______. Amend House Bill 3061 on page 16,
immediately below line 22, by inserting the following:
"Possession with intent to manufacture or deliver a
controlled substance under Section 401 of the Illinois
Controlled Substances Act."; and
on page 17, line 1, by replacing "Offenses" with "Possession
with intent to manufacture or deliver a controlled substance";
and
on page 22, line 1, by inserting after "hearing." the
following:
"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;

09800HB3061ham001 - 2 - LRB098 06295 MRW 42814 a
(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.".