Bill Text: IL HB3447 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Criminal Identification Act. Provides that 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: (1) an order of misdemeanor diversion under the Unified Code of Corrections, and the diversion program was successfully completed by the petitioner; or (2) a conviction for possession of certain specified amounts of a controlled substance; (3) a conviction for possessing less than 5 grams of methamphetamine; or (4) a conviction where the statutory penalty changed as a result of a resentencing hearing under the Code of Criminal Procedure of 1963. Amends the Illinois Controlled Substances Act. Changes the penalties for the manufacture, delivery, or possession with intent to manufacture or deliver, or possession of a controlled substance. Amends the Methamphetamine Control and Community Protection Act. Changes the penalties for methamphetamine delivery or possession. Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence, including a sentence of probation, for an offense for which the statutory penalty has been subsequently reduced under the amendatory Act to petition the trial court that entered the judgment of conviction to request resentencing in accordance with the statutory penalty in effect at the time of the filing of the petition. Amends the Unified Code of Corrections to create a Misdemeanor Diversion Program.

Spectrum: Partisan Bill (Democrat 39-0)

Status: (Engrossed - Dead) 2022-12-31 - Alternate Chief Sponsor Changed to Sen. Don Harmon [HB3447 Detail]

Download: Illinois-2021-HB3447-Engrossed.html

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HB3447 Engrossed LRB102 13836 RLC 19187 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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 Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),
(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),
(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),

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(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),
(xii) Probation (730 ILCS 5/5-1-18),
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) 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.

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(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

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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

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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

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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

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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

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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;

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(iii) Sections 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 ; (v) an order of

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misdemeanor diversion under Section 5-6-3.7 of the Unified
Code of Corrections, and the diversion program was
successfully completed by the petitioner; (vi) a
conviction pursuant to subsection (a-5) of Section 402 of
the Illinois Controlled Substances Act; (vii) a conviction
pursuant to paragraph (1) of subsection (b) of Section 60
of the Methamphetamine Control and Community Protection
Act; or (viii) a conviction where the statutory penalty
changed as a result of a resentencing hearing pursuant to
Section 116-2.2 of the Code of Criminal Procedure of 1963.
(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,

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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

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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.
(D) When the arrest or charge not initiated by
arrest sought to be expunged, pursuant to subparagraph
(viii) of paragraph (1) of this subsection (b)
resulted in a sentence of probation, successfully
completed by the petitioner, or incarceration in an
Illinois county jail or in the Illinois Department of
Corrections, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of probation.
(E) When the arrest or charge not initiated by
arrest sought to be expunged pursuant to subparagraph
(vi) or (vii) of paragraph (1) of this subsection (b)
resulted in a sentence of incarceration in an Illinois
county jail, such records shall not be eligible for
expungement until 5 years have passed following the
completion of the sentence.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile

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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
Department, 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 Department of State Police or

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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 Department of 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

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in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the
Department of 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

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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

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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.
(G) Arrests or charges not initiated by arrest
resulting in orders of misdemeanor diversion under
Section 5-6-3.7 of the Unified Code of Corrections,
successfully completed by the petitioner.
(H) Arrests or charges not initiated by arrest
resulting in probation, pursuant to subparagraph
(viii) of paragraph (1) of subsection (b),
successfully completed by the petitioner, or
imprisonment in an Illinois County jail or in the
Illinois Department of Corrections; and
(I) Arrests or charges not initiated by arrest
resulting in incarceration in an Illinois county jail,
pursuant to subparagraphs (vi) or (vii) of paragraph
(1) of subsection (b), unless excluded by paragraph
(3) of subsection (a).
(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
subsection (c)(2)(A) and (c)(2)(B) may be sealed at

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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), (c)(2)(H), and (c)(2)(I) 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 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
subsections (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

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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

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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.

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(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 passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control 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,

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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 Department of 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

HB3447 Engrossed - 23 - LRB102 13836 RLC 19187 b
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
Department of 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

HB3447 Engrossed - 24 - LRB102 13836 RLC 19187 b
financial obligation to pursue collection under
applicable federal, State, or local law.
(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 Department 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.

HB3447 Engrossed - 25 - LRB102 13836 RLC 19187 b
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Department, in a form and manner
prescribed by the Department, 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 (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 Department, 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

HB3447 Engrossed - 26 - LRB102 13836 RLC 19187 b
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Department, 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 (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
Department within 60 days of the date of service

HB3447 Engrossed - 27 - LRB102 13836 RLC 19187 b
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 Department may
be disseminated by the Department 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 Department, 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

HB3447 Engrossed - 28 - LRB102 13836 RLC 19187 b
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
Department 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 Department may
be disseminated by the Department 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 Department, or

HB3447 Engrossed - 29 - LRB102 13836 RLC 19187 b
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 Department, 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 Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(D) The Department 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 Department to expunge or seal
records. In the event of an appeal from the circuit
court order, the Department 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

HB3447 Engrossed - 30 - LRB102 13836 RLC 19187 b
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 Department 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

HB3447 Engrossed - 31 - LRB102 13836 RLC 19187 b
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 forward the Department of
State Police portion of the fee to the Department 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

HB3447 Engrossed - 32 - LRB102 13836 RLC 19187 b
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

HB3447 Engrossed - 33 - LRB102 13836 RLC 19187 b
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 Department 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

HB3447 Engrossed - 34 - LRB102 13836 RLC 19187 b
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
Department may be disseminated by the Department 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
Department 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 Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated

HB3447 Engrossed - 35 - LRB102 13836 RLC 19187 b
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
Department may be disseminated by the Department 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 Department 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

HB3447 Engrossed - 36 - LRB102 13836 RLC 19187 b
records of the arresting authority and order that the records
of the circuit court clerk and the Department 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 Department may be disseminated by the
Department 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
Department 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

HB3447 Engrossed - 37 - LRB102 13836 RLC 19187 b
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.

HB3447 Engrossed - 38 - LRB102 13836 RLC 19187 b
(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

HB3447 Engrossed - 39 - LRB102 13836 RLC 19187 b
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 Department of State Police shall comply

HB3447 Engrossed - 40 - LRB102 13836 RLC 19187 b
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 Department of
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

HB3447 Engrossed - 41 - LRB102 13836 RLC 19187 b
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; trafficking victims.
(1) A trafficking victim as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012 shall be eligible to petition for 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 direct 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.
(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 direct 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

HB3447 Engrossed - 42 - LRB102 13836 RLC 19187 b
petitioner is not entitled to 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 immediate sealing under this subsection (h). A
petitioner is eligible for 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 direct 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 Department of 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

HB3447 Engrossed - 43 - LRB102 13836 RLC 19187 b
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

HB3447 Engrossed - 44 - LRB102 13836 RLC 19187 b
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.

HB3447 Engrossed - 45 - LRB102 13836 RLC 19187 b
(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

HB3447 Engrossed - 46 - LRB102 13836 RLC 19187 b
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 Department of 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

HB3447 Engrossed - 47 - LRB102 13836 RLC 19187 b
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

HB3447 Engrossed - 48 - LRB102 13836 RLC 19187 b
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

HB3447 Engrossed - 49 - LRB102 13836 RLC 19187 b
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

HB3447 Engrossed - 50 - LRB102 13836 RLC 19187 b
(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 Department of State Police shall allow a
person to use the access and review process, established

HB3447 Engrossed - 51 - LRB102 13836 RLC 19187 b
in the Department of 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 Department of State Police shall
post general information on its website about the
expungement process described in this subsection (i).
(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
12-4-19; 101-645, eff. 6-26-20; revised 8-18-20.)
Section 10. The Illinois Controlled Substances Act is
amended by changing Sections 401, 402, and 408 as follows:
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)

HB3447 Engrossed - 52 - LRB102 13836 RLC 19187 b
Sec. 401. Manufacture or delivery, or possession with
intent to manufacture or deliver, a controlled substance, a
counterfeit substance, or controlled substance analog. Except
as authorized by this Act, it is unlawful for any person
knowingly to manufacture or deliver, or possess with intent to
manufacture or deliver, a controlled substance other than
methamphetamine and other than bath salts as defined in the
Bath Salts Prohibition Act sold or offered for sale in a retail
mercantile establishment as defined in Section 16-0.1 of the
Criminal Code of 2012, a counterfeit substance, or a
controlled substance analog. A violation of this Act with
respect to each of the controlled substances listed herein
constitutes a single and separate violation of this Act. For
purposes of this Section, "controlled substance analog" or
"analog" means a substance, other than a controlled substance,
which is not approved by the United States Food and Drug
Administration or, if approved, is not dispensed or possessed
in accordance with State or federal law, and that has a
chemical structure substantially similar to that of a
controlled substance in Schedule I or II, or that was
specifically designed to produce an effect substantially
similar to that of a controlled substance in Schedule I or II.
Examples of chemical classes in which controlled substance
analogs are found include, but are not limited to, the
following: phenethylamines, N-substituted piperidines,
morphinans, ecgonines, quinazolinones, substituted indoles,

HB3447 Engrossed - 53 - LRB102 13836 RLC 19187 b
and arylcycloalkylamines. For purposes of this Act, a
controlled substance analog shall be treated in the same
manner as the controlled substance to which it is
substantially similar.
(a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to the
contrary, is guilty of a Class X felony and shall be sentenced
to a term of imprisonment as provided in this subsection (a)
and fined as provided in subsection (b):
(1)(A) not less than 6 years and not more than 30 years
with respect to 15 grams or more but less than 100 grams of
a substance containing heroin, or an analog thereof;
(B) not less than 9 years and not more than 40 years
with respect to 100 grams or more but less than 400 grams
of a substance containing heroin, or an analog thereof;
(C) not less than 12 years and not more than 50 years
with respect to 400 grams or more but less than 900 grams
of a substance containing heroin, or an analog thereof;
(D) not less than 15 years and not more than 60 years
with respect to 900 grams or more of any substance
containing heroin, or an analog thereof;
(1.5)(A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than 100
grams of a substance containing fentanyl, or an analog

HB3447 Engrossed - 54 - LRB102 13836 RLC 19187 b
thereof;
(B) not less than 9 years and not more than 40 years
with respect to 100 grams or more but less than 400 grams
of a substance containing fentanyl, or an analog thereof;
(C) not less than 12 years and not more than 50 years
with respect to 400 grams or more but less than 900 grams
of a substance containing fentanyl, or an analog thereof;
(D) not less than 15 years and not more than 60 years
with respect to 900 grams or more of a substance
containing fentanyl, or an analog thereof;
(2)(A) not less than 6 years and not more than 30 years
with respect to 15 grams or more but less than 100 grams of
a substance containing cocaine, or an analog thereof;
(B) not less than 9 years and not more than 40 years
with respect to 100 grams or more but less than 400 grams
of a substance containing cocaine, or an analog thereof;
(C) not less than 12 years and not more than 50 years
with respect to 400 grams or more but less than 900 grams
of a substance containing cocaine, or an analog thereof;
(D) not less than 15 years and not more than 60 years
with respect to 900 grams or more of any substance
containing cocaine, or an analog thereof;
(3)(A) not less than 6 years and not more than 30 years
with respect to 15 grams or more but less than 100 grams of
a substance containing morphine, or an analog thereof;
(B) not less than 9 years and not more than 40 years

HB3447 Engrossed - 55 - LRB102 13836 RLC 19187 b
with respect to 100 grams or more but less than 400 grams
of a substance containing morphine, or an analog thereof;
(C) not less than 12 years and not more than 50 years
with respect to 400 grams or more but less than 900 grams
of a substance containing morphine, or an analog thereof;
(D) not less than 15 years and not more than 60 years
with respect to 900 grams or more of a substance
containing morphine, or an analog thereof;
(4) 200 grams or more of any substance containing
peyote, or an analog thereof;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) 200 grams or more of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine, or an analog thereof;
(6.5) (blank);
(6.6) (blank);
(7)(A) not less than 6 years and not more than 30 years
with respect to: (i) 15 grams or more but less than 100
grams of a substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 15 or more objects or
15 or more segregated parts of an object or objects but
less than 200 objects or 200 segregated parts of an object
or objects containing in them or having upon them any
amounts of any substance containing lysergic acid

HB3447 Engrossed - 56 - LRB102 13836 RLC 19187 b
diethylamide (LSD), or an analog thereof;
(B) not less than 9 years and not more than 40 years
with respect to: (i) 100 grams or more but less than 400
grams of a substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 200 or more objects or
200 or more segregated parts of an object or objects but
less than 600 objects or less than 600 segregated parts of
an object or objects containing in them or having upon
them any amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(C) not less than 12 years and not more than 50 years
with respect to: (i) 400 grams or more but less than 900
grams of a substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 600 or more objects or
600 or more segregated parts of an object or objects but
less than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon them
any amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(D) not less than 15 years and not more than 60 years
with respect to: (i) 900 grams or more of any substance
containing lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 1500 or more objects or 1500 or more
segregated parts of an object or objects containing in
them or having upon them any amount of a substance
containing lysergic acid diethylamide (LSD), or an analog

HB3447 Engrossed - 57 - LRB102 13836 RLC 19187 b
thereof;
(7.5)(A) not less than 6 years and not more than 30 years
with respect to: (i) 15 grams or more but less than 100
grams of a substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 15 or more pills, tablets,
caplets, capsules, or objects but less than 200 pills,
tablets, caplets, capsules, or objects containing in them
or having upon them any amounts of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of Section
204, or an analog or derivative thereof;
(B) not less than 9 years and not more than 40 years
with respect to: (i) 100 grams or more but less than 400
grams of a substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 200 or more pills, tablets,
caplets, capsules, or objects but less than 600 pills,
tablets, caplets, capsules, or objects containing in them
or having upon them any amount of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of Section
204, or an analog or derivative thereof;
(C) not less than 12 years and not more than 50 years

HB3447 Engrossed - 58 - LRB102 13836 RLC 19187 b
with respect to: (i) 400 grams or more but less than 900
grams of a substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 600 or more pills, tablets,
caplets, capsules, or objects but less than 1,500 pills,
tablets, caplets, capsules, or objects containing in them
or having upon them any amount of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of Section
204, or an analog or derivative thereof;
(D) not less than 15 years and not more than 60 years
with respect to: (i) 900 grams or more of any substance
listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), (20.1), (21), (25), or (26) of subsection (d)
of Section 204, or an analog or derivative thereof, or
(ii) 1,500 or more pills, tablets, caplets, capsules, or
objects containing in them or having upon them any amount
of a substance listed in paragraph (1), (2), (2.1), (2.2),
(3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or derivative
thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing

HB3447 Engrossed - 59 - LRB102 13836 RLC 19187 b
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP), or an analog thereof;
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine, or an analog thereof;
(10.6) 100 grams or more of any substance containing
hydrocodone, or any of the salts, isomers and salts of
isomers of hydrocodone, or an analog thereof;
(10.7) (blank);
(10.8) 100 grams or more of any substance containing
dihydrocodeine, or any of the salts, isomers and salts of
isomers of dihydrocodeine, or an analog thereof;
(10.9) 100 grams or more of any substance containing
oxycodone, or any of the salts, isomers and salts of
isomers of oxycodone, or an analog thereof;
(11) 200 grams or more of any substance containing any
other controlled substance classified in Schedules I or
II, or an analog thereof, which is not otherwise included
in this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein, be

HB3447 Engrossed - 60 - LRB102 13836 RLC 19187 b
fined an amount not more than $500,000 or the full street value
of the controlled or counterfeit substance or controlled
substance analog, whichever is greater. The term "street
value" shall have the meaning ascribed in Section 110-5 of the
Code of Criminal Procedure of 1963. Any person sentenced with
respect to any other provision of subsection (a), may in
addition to the penalties provided therein, be fined an amount
not to exceed $500,000.
(b-1) Excluding violations of this Act when the controlled
substance is fentanyl, any person sentenced to a term of
imprisonment with respect to violations of Section 401, 401.1,
405, 405.1, 405.2, or 407, when the substance containing the
controlled substance contains any amount of fentanyl, 3 years
shall be added to the term of imprisonment imposed by the
court, and the maximum sentence for the offense shall be
increased by 3 years.
(c) Any person who violates this Section with regard to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, is guilty of a Class 1 felony. The fine for
violation of this subsection (c) shall not be more than
$250,000:
(1) 3 grams 1 gram or more but less than 15 grams of
any substance containing heroin, or an analog thereof;
(1.5) 3 grams 1 gram or more but less than 15 grams of

HB3447 Engrossed - 61 - LRB102 13836 RLC 19187 b
any substance containing fentanyl, or an analog thereof;
(2) 5 grams 1 gram or more but less than 15 grams of
any substance containing cocaine, or an analog thereof;
(3) 4 10 grams or more but less than 15 grams of any
substance containing morphine, or an analog thereof;
(4) 50 grams or more but less than 200 grams of any
substance containing peyote, or an analog thereof;
(5) 50 grams or more but less than 200 grams of any
substance containing a derivative of barbituric acid or
any of the salts of a derivative of barbituric acid, or an
analog thereof;
(6) 50 grams or more but less than 200 grams of any
substance containing amphetamine or any salt of an optical
isomer of amphetamine, or an analog thereof;
(6.5) (blank);
(7)(i) one gram 5 grams or more but less than 15 grams
of any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) more than 40 10
objects or more than 40 10 segregated parts of an object or
objects but less than 100 15 objects or less than 100 15
segregated parts of an object containing in them or having
upon them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(7.5)(i) 2 5 grams or more but less than 15 grams of
any substance listed in paragraph (1), (2), (2.1), (2.2),
(3), (14.1), (19), (20), (20.1), (21), (25), or (26) of

HB3447 Engrossed - 62 - LRB102 13836 RLC 19187 b
subsection (d) of Section 204, or an analog or derivative
thereof, or (ii) 5 or more than 10 pills, tablets,
caplets, capsules, or objects but less than 15 pills,
tablets, caplets, capsules, or objects containing in them
or having upon them any amount of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of Section
204, or an analog or derivative thereof;
(8) 10 grams or more but less than 30 grams of any
substance containing pentazocine or any of the salts,
isomers and salts of isomers of pentazocine, or an analog
thereof;
(9) 10 grams or more but less than 30 grams of any
substance containing methaqualone or any of the salts,
isomers and salts of isomers of methaqualone, or an analog
thereof;
(10) 10 grams or more but less than 30 grams of any
substance containing phencyclidine or any of the salts,
isomers and salts of isomers of phencyclidine (PCP), or an
analog thereof;
(10.5) 10 grams or more but less than 30 grams of any
substance containing ketamine or any of the salts, isomers
and salts of isomers of ketamine, or an analog thereof;
(10.6) 50 grams or more but less than 100 grams of any
substance containing hydrocodone, or any of the salts,
isomers and salts of isomers of hydrocodone, or an analog

HB3447 Engrossed - 63 - LRB102 13836 RLC 19187 b
thereof;
(10.7) (blank);
(10.8) 50 grams or more but less than 100 grams of any
substance containing dihydrocodeine, or any of the salts,
isomers and salts of isomers of dihydrocodeine, or an
analog thereof;
(10.9) 50 grams or more but less than 100 grams of any
substance containing oxycodone, or any of the salts,
isomers and salts of isomers of oxycodone, or an analog
thereof;
(11) 50 grams or more but less than 200 grams of any
substance containing a substance classified in Schedules I
or II, or an analog thereof, which is not otherwise
included in this subsection.
(c-5) (Blank).
(d) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
containing dihydrocodeine or classified in Schedules I or II,
or an analog thereof, which is (i) a narcotic drug, (ii)
lysergic acid diethylamide (LSD) or an analog thereof, (iii)
any substance containing amphetamine or fentanyl or any salt
or optical isomer of amphetamine or fentanyl, or an analog
thereof, or (iv) any substance containing N-Benzylpiperazine
(BZP) or any salt or optical isomer of N-Benzylpiperazine
(BZP), or an analog thereof, is guilty of a Class 2 felony. The
fine for violation of this subsection (d) shall not be more

HB3447 Engrossed - 64 - LRB102 13836 RLC 19187 b
than $200,000.
(d-5) (Blank).
(e) (Blank). Any person who violates this Section with
regard to any other amount of a controlled substance other
than methamphetamine or counterfeit substance classified in
Schedule I or II, or an analog thereof, which substance is not
included under subsection (d) of this Section, is guilty of a
Class 3 felony. The fine for violation of this subsection (e)
shall not be more than $150,000.
(f) (Blank). Any person who violates this Section with
regard to any other amount of a controlled or counterfeit
substance classified in Schedule III is guilty of a Class 3
felony. The fine for violation of this subsection (f) shall
not be more than $125,000.
(g) (Blank). Any person who violates this Section with
regard to any other amount of a controlled or counterfeit
substance classified in Schedule IV is guilty of a Class 3
felony. The fine for violation of this subsection (g) shall
not be more than $100,000.
(h) (Blank). Any person who violates this Section with
regard to any other amount of a controlled or counterfeit
substance classified in Schedule V is guilty of a Class 3
felony. The fine for violation of this subsection (h) shall
not be more than $75,000.
(i) (Blank). This Section does not apply to the
manufacture, possession or distribution of a substance in

HB3447 Engrossed - 65 - LRB102 13836 RLC 19187 b
conformance with the provisions of an approved new drug
application or an exemption for investigational use within the
meaning of Section 505 of the Federal Food, Drug and Cosmetic
Act.
(j) (Blank).
(k) Any person who knowingly manufactures or delivers any
other amount of a controlled or counterfeit substance
containing dihydrocodeine or classified in Schedules I or II,
or an analog thereof, which is (i) a narcotic drug, (ii)
lysergic acid diethylamide (LSD) or an analog thereof, (iii)
any substance containing amphetamine or fentanyl or any salt
or optical isomer of amphetamine or fentanyl, or an analog
thereof, (iv) any substance containing N-Benzylpiperazine
(BZP) or any salt or optical isomer of N-Benzylpiperazine
(BZP), or an analog thereof, or (v) any other substance
classified in Schedules I through V; is guilty of a Class 4
felony. The fine for violation of this subsection (d) shall
not be more than $25,000.
(l) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of
Section 505 of the Federal Food, Drug and Cosmetic Act.
(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17;
100-368, eff. 1-1-18.)

HB3447 Engrossed - 66 - LRB102 13836 RLC 19187 b
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it
is unlawful for any person knowingly to possess a controlled
or counterfeit substance or controlled substance analog. A
violation of this Act with respect to each of the controlled
substances listed herein constitutes a single and separate
violation of this Act. For purposes of this Section,
"controlled substance analog" or "analog" means a substance,
other than a controlled substance, which is not approved by
the United States Food and Drug Administration or, if
approved, is not dispensed or possessed in accordance with
State or federal law, and that has a chemical structure
substantially similar to that of a controlled substance in
Schedule I or II, or that was specifically designed to produce
an effect substantially similar to that of a controlled
substance in Schedule I or II. Examples of chemical classes in
which controlled substance analogs are found include, but are
not limited to, the following: phenethylamines, N-substituted
piperidines, morphinans, ecgonines, quinazolinones,
substituted indoles, and arylcycloalkylamines. For purposes of
this Act, a controlled substance analog shall be treated in
the same manner as the controlled substance to which it is
substantially similar.
(a) Any person who violates this Section with respect to
the following controlled or counterfeit substances and
amounts, notwithstanding any of the provisions of subsections

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(c) and (d) to the contrary, is guilty of a Class 1 felony and
shall, if sentenced to a term of imprisonment, be sentenced as
provided in this subsection (a) and fined as provided in
subsection (b):
(1) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less than
400 grams of a substance containing heroin;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less than
900 grams of any substance containing heroin;
(D) not less than 10 years and not more than 50
years with respect to 900 grams or more of any
substance containing heroin;
(2) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing cocaine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less than
400 grams of any substance containing cocaine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less than
900 grams of any substance containing cocaine;
(D) not less than 10 years and not more than 50

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years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing morphine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less than
400 grams of any substance containing morphine;
(C) not less than 6 years and not more than 40
years with respect to 400 grams or more but less than
900 grams of any substance containing morphine;
(D) not less than 10 years and not more than 50
years with respect to 900 grams or more of any
substance containing morphine;
(4) 200 grams or more of any substance containing
peyote;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) 200 grams or more of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine;
(6.5) (blank);
(7) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance containing lysergic

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acid diethylamide (LSD), or an analog thereof, or (ii)
100 15 or more objects or 100 15 or more segregated
parts of an object or objects but less than 200 objects
or 200 segregated parts of an object or objects
containing in them or having upon them any amount of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but less
than 400 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or (ii)
200 or more objects or 200 or more segregated parts of
an object or objects but less than 600 objects or less
than 600 segregated parts of an object or objects
containing in them or having upon them any amount of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but less
than 900 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or (ii)
600 or more objects or 600 or more segregated parts of
an object or objects but less than 1500 objects or 1500
segregated parts of an object or objects containing in
them or having upon them any amount of any substance
containing lysergic acid diethylamide (LSD), or an

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analog thereof;
(D) not less than 10 years and not more than 50
years with respect to: (i) 900 grams or more of any
substance containing lysergic acid diethylamide (LSD),
or an analog thereof, or (ii) 1500 or more objects or
1500 or more segregated parts of an object or objects
containing in them or having upon them any amount of a
substance containing lysergic acid diethylamide (LSD),
or an analog thereof;
(7.5) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 15 or more pills, tablets, caplets, capsules, or
objects but less than 200 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but less
than 400 grams of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),

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(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 200 or more pills, tablets, caplets, capsules, or
objects but less than 600 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but less
than 900 grams of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof, or
(ii) 600 or more pills, tablets, caplets, capsules, or
objects but less than 1,500 pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of
Section 204, or an analog or derivative thereof;
(D) not less than 10 years and not more than 50
years with respect to: (i) 900 grams or more of any
substance listed in paragraph (1), (2), (2.1), (2.2),
(3), (14.1), (19), (20), (20.1), (21), (25), or (26)

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of subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 1,500 or more pills,
tablets, caplets, capsules, or objects containing in
them or having upon them any amount of a substance
listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine;
(11) 200 grams or more of any substance containing any
substance classified as a narcotic drug in Schedules I or
II, or an analog thereof, which is not otherwise included
in this subsection.
(a-1) Any person who violates this Section with regard to
the following controlled substances and amounts is guilty

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of a Class 4 felony:
(1) 3 grams or more but less than 15 grams of a
substance containing heroin;
(2) 3 grams or more but less than 200 grams of a
substance containing fentanyl;
(3) 5 grams or more but less than 15 grams of a
substance containing cocaine;
(4) 4 grams or more but less than 15 grams of a
substance containing morphine;
(5)(i) 1 gram or more but less than 15 grams of any
substance containing lysergic acid diethylamide (LSD); or
(ii) more than 40 objects or segregated parts of an object
or objects but less than 100 objects or segregated parts
of an object or objects containing in them or having upon
them any amount of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(6)(i) 2 grams or more but less than 15 grams of any
substance listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or derivative
thereof; or (ii) 5 or more pills, tablets, caplets,
capsules, or objects containing in them or having upon
them any amount of any substance listed in paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21),
(25), or (26) of subsection (d) of Section 204, or an
analog or derivative thereof;

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(7) 4 grams or more but less than 30 grams of any
substance containing pentazocine or any of the salts,
isomers and salts of isomers of pentazocine, or an analog
thereof;
(8) 3 grams or more but less than 15 grams of any
substance containing phencyclidine or any of the salts,
isomers and salts of isomers of phencyclidine (PCP), or an
analog thereof;
(9) 3 grams or more but less than 30 grams of any
substance containing ketamine or any of the salts, isomers
and salts of isomers of ketamine;
(10)(i) 4 grams or more but less than 200 grams of a
substance containing hydrocodone, dihydrocodeine,
oxycodone, or any of the salts, isomers, and salts of
isomers of hydrocodone, dihydrocodeine, or oxycodone, or
an analog thereof; or (ii) more than 40 pills, tablets,
caplets, capsules, or objects but less than 100 pills,
tablets, capsules, or objects containing hydrocodone,
dihydrocodeine, oxycodone, or any of the salts, isomers,
and salts of isomers of hydrocodone, dihydrocodeine, or
oxycodone, or an analog of hydrocodone, dihydrocodeine, or
oxycodone.
The fine for a violation punishable under this subsection
(a-1) shall not be more than $25,000.
(a-5) Any person who violates this Section with regard to
the following controlled substances and amounts is guilty of a

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Class A misdemeanor:
(1) less than 3 grams of a substance containing
heroin;
(2) less than 3 grams of a substance containing
fentanyl or an analog thereof;
(3) less than 5 grams of a substance containing
cocaine;
(4) less than 4 grams of a substance containing
morphine;
(5)(i) less than 1 gram of any substance containing
lysergic acid diethylamide (LSD); or (ii) less than 40
objects or segregated parts of an object or objects
containing in them or having upon them any amount of a
substance containing lysergic acid diethylamide (LSD), or
an analog thereof;
(6)(i) less than 2 grams of any substance listed in
paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of subsection (d) of Section
204, or an analog or derivative thereof; or (ii) less than
5 pills, tablets, caplets, capsules, or objects containing
in them or having upon them any amount of any substance
listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), (20.1), (21), (25), or (26) of subsection (d)
of Section 204, or an analog or derivative thereof;
(7) less than 4 grams any substance containing
pentazocine or any of the salts, isomers and salts of

HB3447 Engrossed - 76 - LRB102 13836 RLC 19187 b
isomers of pentazocine, or an analog thereof;
(8) less than 3 grams of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP), or an analog thereof;
(9) less than 3 grams of any substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine;
(10)(i) less than 4 grams of any substance containing
hydrocodone, dihydrocodeine, oxycodone, or any of the
salts, isomers, and salts of isomers of hydrocodone,
dihydrocodeine, or oxycodone, or an analog thereof; or
(ii) less than 40 pills, tablets, caplets, capsules, or
objects containing hydrocodone, dihydrocodeine,
oxycodone, or any of the salts, isomers, and salts of
isomers of hydrocodone, dihydrocodeine, or oxycodone, or
an analog of hydrocodone, dihydrocodeine, or oxycodone.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein, be
fined an amount not to exceed $200,000 or the full street value
of the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure of
1963. Any person sentenced with respect to any other provision
of subsection (a), may in addition to the penalties provided

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therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to an
amount of a controlled substance other than methamphetamine or
counterfeit substance not set forth in subsection (a), (a-1),
(a-5), or (d) is guilty of a Class A misdemeanor. Class 4
felony. The fine for a violation punishable under this
subsection (c) shall not be more than $25,000.
(d) Any person who violates this Section with regard to
any amount of anabolic steroid is guilty of a Class C
misdemeanor for the first offense and a Class B misdemeanor
for a subsequent offense committed within 2 years of a prior
conviction.
(Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18.)
(720 ILCS 570/408) (from Ch. 56 1/2, par. 1408)
Sec. 408. Second or subsequent offense; penalties.
(a) Any person convicted of a second or subsequent felony
offense under this Act may be sentenced to imprisonment for a
term up to twice the maximum term otherwise authorized, fined
an amount up to twice that otherwise authorized, or both.
(b) For purposes of this Section, an offense is considered
a second or subsequent felony offense, if, prior to his or her
conviction of the offense, the person:
(1) has been convicted, subsequent to the effective
date of this amendatory Act of the 102nd General Assembly,
of a felony violation of this Act or the Methamphetamine

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Control and Community Protection Act or under any
substantially similar law of the United States or of any
state relating to controlled substances; or
(2) has at any time been convicted of a Class 1 or
higher felony violation of this Act or the Methamphetamine
Control and Community Protection Act or under any
substantially similar law of the United States or of any
state relating to controlled substances. offender has at
any time been convicted under this Act or under any law of
the United States or of any State relating to controlled
substances.
(Source: P.A. 97-334, eff. 1-1-12.)
Section 15. The Methamphetamine Control and Community
Protection Act is amended by changing Sections 55 and 60 as
follows:
(720 ILCS 646/55)
Sec. 55. Methamphetamine delivery.
(a) Delivery or possession with intent to deliver
methamphetamine or a substance containing methamphetamine.
(1) It is unlawful knowingly to engage in the delivery
or possession with intent to deliver methamphetamine or a
substance containing methamphetamine.
(2) A person who violates paragraph (1) of this
subsection (a) is subject to the following penalties:

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(A) A person who delivers or possesses with intent
to deliver less than 5 grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class 2 felony.
(A-5) A person who possesses with intent to
deliver more than 3 grams but less than 5 grams of
methamphetamine is guilty of a Class 2 felony.
(B) A person who delivers or possesses with intent
to deliver 5 or more grams but less than 15 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 felony.
(C) A person who delivers or possesses with intent
to deliver 15 or more grams but less than 100 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject
to a term of imprisonment of not less than 6 years and
not more than 30 years, and subject to a fine not to
exceed $100,000 or the street value of the
methamphetamine, whichever is greater.
(D) A person who delivers or possesses with intent
to deliver 100 or more grams but less than 400 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject
to a term of imprisonment of not less than 9 years and
not more than 40 years, and subject to a fine not to
exceed $200,000 or the street value of the

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methamphetamine, whichever is greater.
(E) A person who delivers or possesses with intent
to deliver 400 or more grams but less than 900 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject
to a term of imprisonment of not less than 12 years and
not more than 50 years, and subject to a fine not to
exceed $300,000 or the street value of the
methamphetamine, whichever is greater.
(F) A person who delivers or possesses with intent
to deliver 900 or more grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class X felony, subject to a term of imprisonment of
not less than 15 years and not more than 60 years, and
subject to a fine not to exceed $400,000 or the street
value of the methamphetamine, whichever is greater.
(b) Aggravated delivery or possession with intent to
deliver methamphetamine or a substance containing
methamphetamine.
(1) It is unlawful to engage in the aggravated
delivery or possession with intent to deliver
methamphetamine or a substance containing methamphetamine.
A person engages in the aggravated delivery or possession
with intent to deliver methamphetamine or a substance
containing methamphetamine when the person violates
paragraph (1) of subsection (a) of this Section and:

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(A) the person is at least 18 years of age and
knowingly delivers or possesses with intent to deliver
the methamphetamine or substance containing
methamphetamine to a person under 18 years of age;
(B) the person is at least 18 years of age and
knowingly uses, engages, employs, or causes another
person to use, engage, or employ a person under 18
years of age to deliver the methamphetamine or
substance containing methamphetamine;
(C) the person knowingly delivers or possesses
with intent to deliver the methamphetamine or
substance containing methamphetamine in any structure
or vehicle protected by one or more firearms,
explosive devices, booby traps, alarm systems,
surveillance systems, guard dogs, or dangerous
animals;
(D) the person knowingly delivers or possesses
with intent to deliver the methamphetamine or
substance containing methamphetamine in any school, on
any real property comprising any school, or in any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a
school-related activity and at the time of the
violation persons under the age of 18 are present, the
offense is committed during school hours, or the
offense is committed at times when persons under the

HB3447 Engrossed - 82 - LRB102 13836 RLC 19187 b
age of 18 are reasonably expected to be present in the
school, in the conveyance, or on the real property,
such as when after-school activities are occurring;
(E) the person delivers or causes another person
to deliver the methamphetamine or substance containing
methamphetamine to a woman that the person knows to be
pregnant; or
(F) (blank).
(2) A person who violates paragraph (1) of this
subsection (b) is subject to the following penalties:
(A) A person who delivers or possesses with intent
to deliver less than 5 grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class 1 felony.
(B) A person who delivers or possesses with intent
to deliver 5 or more grams but less than 15 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject
to a term of imprisonment of not less than 6 years and
not more than 30 years, and subject to a fine not to
exceed $100,000 or the street value of the
methamphetamine, whichever is greater.
(C) A person who delivers or possesses with intent
to deliver 15 or more grams but less than 100 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class X felony, subject

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to a term of imprisonment of not less than 8 years and
not more than 40 years, and subject to a fine not to
exceed $200,000 or the street value of the
methamphetamine, whichever is greater.
(D) A person who delivers or possesses with intent
to deliver 100 or more grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class X felony, subject to a term of imprisonment of
not less than 10 years and not more than 50 years, and
subject to a fine not to exceed $300,000 or the street
value of the methamphetamine, whichever is greater.
(Source: P.A. 100-3, eff. 1-1-18.)
(720 ILCS 646/60)
Sec. 60. Methamphetamine possession.
(a) It is unlawful knowingly to possess methamphetamine or
a substance containing methamphetamine.
(b) A person who violates subsection (a) is subject to the
following penalties:
(1) A person who possesses less than 3 5 grams of
methamphetamine or a substance containing methamphetamine
is guilty of a Class A misdemeanor 3 felony.
(2) A person who possesses 3 5 or more grams but less
than 15 grams of methamphetamine or a substance containing
methamphetamine is guilty of a Class 4 2 felony.
(3) A person who possesses 15 or more grams but less

HB3447 Engrossed - 84 - LRB102 13836 RLC 19187 b
than 100 grams of methamphetamine or a substance
containing methamphetamine is guilty of a Class 1 felony.
(4) A person who possesses 100 or more grams but less
than 400 grams of methamphetamine or a substance
containing methamphetamine is guilty of a Class X felony,
subject to a term of imprisonment of not less than 6 years
and not more than 30 years, and subject to a fine not to
exceed $100,000.
(5) A person who possesses 400 or more grams but less
than 900 grams of methamphetamine or a substance
containing methamphetamine is guilty of a Class X felony,
subject to a term of imprisonment of not less than 8 years
and not more than 40 years, and subject to a fine not to
exceed $200,000.
(6) A person who possesses 900 or more grams of
methamphetamine or a substance containing methamphetamine
is guilty of a Class X felony, subject to a term of
imprisonment of not less than 10 years and not more than 50
years, and subject to a fine not to exceed $300,000.
(Source: P.A. 94-556, eff. 9-11-05.)
Section 20. The Code of Criminal Procedure of 1963 is
amended by adding Section 116-2.2 as follows:
(725 ILCS 5/116-2.2 new)
Sec. 116-2.2. Retroactive resentencing.

HB3447 Engrossed - 85 - LRB102 13836 RLC 19187 b
(a) A person serving a sentence, including a sentence of
probation, for an offense for which the statutory penalty has
been subsequently reduced under this amendatory Act of the
102nd General Assembly may petition the trial court that
entered the judgment of conviction to request resentencing in
accordance with the statutory penalty in effect at the time of
the filing of the petition.
(b) Within 30 days of the effective date of this
amendatory Act of the 102nd General Assembly, the Department
of Corrections shall identify each individual serving a
sentence of imprisonment in the Department who may be eligible
for resentencing under subsection (a), and then notify the
prosecuting authority of the jurisdiction in which the person
was convicted. No later than 60 days after receiving notice
from the Department, the prosecuting authority shall petition
the trial court that entered the judgment of conviction to
request resentencing in accordance with the statutory penalty
in effect at the time of filing the petition.
(c) If the petition satisfies the criteria in subsection
(a), then a new sentencing hearing shall be held in accordance
with the Unified Code of Corrections. At the hearing, both the
defendant and the State may offer evidence of the defendant's
conduct during his or her period of absence from the court.
Defendants shall be entitled to have an attorney represent
them at the resentencing hearing. The court may impose any
sentence authorized by the Unified Code of Corrections, except

HB3447 Engrossed - 86 - LRB102 13836 RLC 19187 b
that resentencing under this Section may not result in the
imposition of a term of imprisonment or probation longer than
the original sentence. A person who is resentenced under this
subsection (c) shall be given credit for all time served in
custody or on probation, or both.
(d) A person who has completed his or her sentence for a
conviction of a felony offense for which the statutory penalty
has been subsequently reduced to a misdemeanor under this
amendatory Act of the 102nd General Assembly may petition the
trial court that entered the judgment of conviction to
designate the felony conviction as a misdemeanor.
(e) If the petition satisfies the criteria in subsection
(d), then the court shall enter an order providing that the
felony offense of which the person was previously convicted is
designated as a misdemeanor under this Section.
(f) If a person has been charged prior to the effective
date of this amendatory Act of the 102nd General Assembly with
a felony offense for which the statutory penalty has been
reduced to a misdemeanor under this amendatory Act of the
102nd General Assembly, the charges shall be modified to
reflect the new penalty.
(g) If a person is serving a sentence of probation for an
offense for which the penalty was subsequently reduced to a
misdemeanor under this amendatory Act of the 102nd General
Assembly, and the person's probation is revoked under Section
4-6-4 of this Code, the person shall not be sentenced to a term

HB3447 Engrossed - 87 - LRB102 13836 RLC 19187 b
of incarceration that exceeds the current maximum sentence.
Section 25. The Unified Code of Corrections is amended by
adding Section 5-6-3.7 as follows:
(730 ILCS 5/5-6-3.7 new)
Sec. 5-6-3.7. Misdemeanor diversion program.
(a) The General Assembly seeks to promote public safety,
conserve valuable resources, and reduce recidivism by
establishing a Misdemeanor Diversion Program.
(b) In this Section:
(1) "Appropriate and accessible" means an organization
providing services that are likely to be needed by a
participant in the Program, and whose location and hours
of service make transportation to and from reasonable for
the participant.
(2) "Human services organization" means any
organization equipped to provide screening services
described in paragraph (2) of subsection (e) or authorized
by the State to perform behavioral health treatment or
substance use intervention and treatment or other social
services, including, but not limited to, homeless
services, education, and job training and placement.
(3) "Violent offense" means any offense in which
bodily harm was inflicted or in which force was used
against any person or threatened against any person, any

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offense involving sexual conduct, sexual penetration, or
sexual exploitation, any offense of domestic violence,
domestic battery, violation of an order of protection,
stalking, or hate crime.
(c) Any circuit court or the State's Attorney of any
county may establish a Misdemeanor Diversion Program in
accordance with this Section.
(d) Whenever any person who does not have a felony case
pending is arrested for and charged with a misdemeanor offense
that is not a violent offense and does not involve the
possession of a firearm or dangerous weapon, the court, with
the consent of the defendant, may suspend the proceedings
prior to the entry of a finding of guilt or plea of guilty to
ascertain the defendant's eligibility to participate in and
complete the Misdemeanor Diversion Program. If the Program was
established by the State's Attorney, then except as otherwise
provided in this subsection (d), the defendant's eligibility
to participate in the Program shall be within the discretion
of the State's Attorney.
(e) The State's Attorney shall be responsible for
identifying eligible defendants. Placement into the Program
shall include the following:
(1) At the defendant's initial court appearance
appearance or soon as the defendant's eligibility for the
Program may be ascertained, the State's Attorney shall
inform the defendant of the existence of the Program, the

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need for a preliminary screen for behavioral health or
other social service needs, the requirements for
successful completion, the implications of non-compliance,
and that successful completion shall result in dismissal
of the charge and the defendant's eligibility to petition
for sealing or expungement of his or her record with no
waiting period.
(2) If the defendant agrees, the defendant shall be
immediately referred to a human services organization that
shall perform a brief screening to determine the presence
of any substance use, mental health, or other social
service needs experienced by the defendant.
(3) If the screen does not indicate the defendant's
need for services, the court shall continue the case for
further proceedings under the Code of Criminal Procedure
of 1963.
(4) If the screen indicates a need for services, the
defendant shall be considered eligible for participation.
Participation is voluntary. To participate, the defendant
shall sign a written agreement with the court that he or
she understands and agrees to the conditions of
participation, as set forth in subsection (f) of this
Section.
(5) Upon acceptance of the agreement by the court, the
human services organization responsible for the screening
shall refer the defendant to an appropriate and accessible

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human services organization responsible for conducting a
comprehensive assessment and developing a service plan, as
described in subsection (f) of this Section.
(6) At such time as it is known, the human services
organization responsible for the screening shall report to
the court that the individual has successfully or
unsuccessfully completed the conditions of participation.
(f) The defendant shall agree to submit to a more
comprehensive assessment of behavioral health and other social
service needs conducted by the human services organization to
which the defendant is referred. As a result of this
assessment, the organization shall prepare recommendations for
treatment and other social services which would likely benefit
the defendant, which the human services organization shall
present to and discuss with the defendant who may agree to
pursue treatment voluntarily. Adherence to the service plan
recommendations may not be a condition of participation.
Completion of all of the conditions of participation shall
occur no more than 90 days from the date of admission into the
Program.
(g) Under no circumstances shall the human services
organization performing either the brief screening, referral,
and reporting under subsection (e) or the assessment and
service recommendations under subsection (f) be required to
perform those services in the absence of reimbursement for
those services. The human services organization may already

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have an existing mechanism for reimbursement, or a new
mechanism may be created by way of agreement with the court,
the State's Attorney, or the jurisdiction in which the
Misdemeanor Diversion Program was developed specifically for
the purposes of the Program.
(h) If all conditions of participation have been met, the
defendant shall be deemed to have successfully completed the
Program and the court shall dismiss the proceedings against
the defendant. Discharge and dismissal shall not be considered
a conviction for purposes of disqualification or disability
imposed by law upon conviction of a crime.
(i) Non-compliance with the conditions of participation,
or failure to complete the conditions of participation within
90 days, shall be considered a violation and the court shall
continue the case for further proceedings under the Code of
Criminal Procedure of 1963, as if the defendant had not
participated in the Program.