Bill Text: IL HB4796 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Sidewalk Vendor Access Act. Includes findings and definitions. Provides that a governmental unit (a municipality or county) may not regulate sidewalk vendors except as provided for in the Act. Provides that a governmental unit may adopt a program, by ordinance or resolution, to regulate sidewalk vendors allowing specified regulations. Allows specified fines for violation of a sidewalk vendor program, but criminal penalties are prohibited. Limits home rule powers. Amends the Criminal Identification Act, Counties Code, and Illinois Municipal Code making conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4796 Detail]

Download: Illinois-2021-HB4796-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4796 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
New Act
20 ILCS 2630/5.2
55 ILCS 5/5-1058 from Ch. 34, par. 5-1058
65 ILCS 5/11-42-5 from Ch. 24, par. 11-42-5
Creates the Sidewalk Vendor Access Act. Includes findings and definitions. Provides that a governmental unit (a municipality or county) may not regulate sidewalk vendors except as provided for in the Act. Provides that a governmental unit may adopt a program, by ordinance or resolution, to regulate sidewalk vendors allowing specified regulations. Allows specified fines for violation of a sidewalk vendor program, but criminal penalties are prohibited. Limits home rule powers. Amends the Criminal Identification Act, Counties Code, and Illinois Municipal Code making conforming changes.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Sidewalk Vendor Access Act.
Section 5. Findings.
(a) The General Assembly finds and declares all of the
following:
(1) Sidewalk vending provides important
entrepreneurship and economic development opportunities to
low-income and immigrant communities.
(2) Sidewalk vending increases access to desired
goods, such as culturally significant food and
merchandise.
(3) Sidewalk vending contributes to a safe and dynamic
public space.
(4) The safety and welfare of the general public is
promoted by encouraging local authorities to support and
properly regulate sidewalk vending.
(5) The safety and welfare of the general public is
promoted by prohibiting criminal penalties for violations
of sidewalk vending ordinances and regulations.
(6) The criminalization of small business

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entrepreneurs, and the challenges that those entrepreneurs
face as a result of a criminal record, are matters of
statewide concern. Further, unnecessary barriers have been
erected blocking aspiring entrepreneurs from accessing the
formal economy, harming Illinois' economy in the process,
and disrupting the regulation of business, which is a
matter of statewide concern. Moreover, Illinois has an
interest in the regulation of traffic, a matter of
statewide concern, whether in ensuring the appropriate
flow of traffic or in ensuring the safety of pedestrians
on the road or the sidewalk.
(b) It is the intent of the General Assembly to promote
entrepreneurship and support immigrant and low-income
communities.
Section 10. Definitions. As used in this Act:
"Governmental unit" means a municipality or county.
"Roaming sidewalk vendor" means a sidewalk vendor who
moves from place to place and stops only to complete a
transaction.
"Sidewalk vendor" means a person who sells food or
merchandise from a pushcart, stand, display, pedal-driven
cart, wagon, showcase, rack, or other nonmotorized conveyance,
or from one's person, upon a public sidewalk or other
pedestrian path.
"Stationary sidewalk vendor" means a sidewalk vendor who

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vends from a fixed location.
Section 15. Regulation of sidewalk vendors; applicability.
(a) A governmental unit shall not regulate sidewalk
vendors except in accordance with Sections Section 20 and
Section 25.
(b) Nothing in this Act shall be construed to affect the
applicability of the Food Handling Regulation Enforcement Act
or 77 Ill. Adm. Code 750 to the extent that they apply to a
sidewalk vendor who sells food.
(c) Nothing in this Act shall be construed to require a
governmental unit to adopt a new program to regulate sidewalk
vendors if the governmental unit has established an existing
program that substantially complies with the requirements in
this Act.
Section 20. Sidewalk vending program; standards.
(a) A governmental unit may adopt a program, by ordinance
or resolution, to regulate sidewalk vendors in compliance with
this Section.
(b) A governmental unit's sidewalk vending program shall
comply with all of the following standards:
(1) A governmental unit shall not require a sidewalk
vendor to operate within specific parts of the public
right-of-way, except when that restriction is directly
related to objective health, safety, or welfare concerns.

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(2) A governmental unit shall not prohibit a sidewalk
vendor from selling food or merchandise in a park owned or
operated by the governmental unit, except the governmental
unit may prohibit stationary sidewalk vendors from vending
in the park only if the operator of the park has signed an
agreement for concessions that exclusively permits the
sale of food or merchandise by the concessionaire.
(3) Notwithstanding paragraph (2), a governmental unit
may adopt additional requirements regulating the time,
place, and manner of sidewalk vending in a park owned or
operated by the governmental unit if the requirements are
any of the following:
(A) Directly related to objective health, safety,
or welfare concerns.
(B) Necessary to ensure the public's use and
enjoyment of natural resources and recreational
opportunities.
(C) Necessary to prevent an undue concentration of
commercial activity that unreasonably interferes with
the scenic and natural character of the park.
(4) A governmental unit shall not require a sidewalk
vendor to first obtain the consent or approval of any
nongovernmental entity or individual before he or she can
sell food or merchandise.
(5) A governmental unit shall not restrict sidewalk
vendors to operate only in a designated neighborhood or

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area, except when that restriction is directly related to
objective health, safety, or welfare concerns.
(6) Notwithstanding paragraph (5), a governmental unit
may prohibit stationary sidewalk vendors in areas that are
zoned exclusively residential, but shall not prohibit
roaming sidewalk vendors in such areas.
(7) A governmental unit shall not restrict the overall
number of sidewalk vendors permitted to operate within the
jurisdiction of the governmental unit unless the
restriction is directly related to objective health,
safety, or welfare concerns.
(c) A governmental unit may, by ordinance or resolution,
adopt additional requirements regulating the time, place, and
manner of sidewalk vending if the requirements are directly
related to objective health, safety, or welfare concerns,
including, but not limited to, any of the following:
(1) Limitations on hours of operation that are not
unduly restrictive. In nonresidential areas, any
limitations on the hours of operation for sidewalk vending
shall not be more restrictive than any limitations on
hours of operation imposed on other businesses or uses on
the same street.
(2) Requirements to maintain sanitary conditions.
(3) Requirements necessary to ensure compliance with
the federal Americans with Disabilities Act of 1990
(Public Law 101-336) and other disability access

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standards.
(4) Requiring the sidewalk vendor to obtain from the
governmental unit a permit for sidewalk vending or a valid
business license, provided that the governmental unit
issuing the permit or business license accepts an Illinois
driver's license or identification card number, an
individual taxpayer identification number, or a municipal
identification number in lieu of a social security number
if the governmental unit otherwise requires a social
security number for the issuance of a permit or business
license, and that the number collected shall not be
available to the public for inspection, is confidential,
and shall not be disclosed except as required to
administer the permit or licensure program or comply with
a State law or State or federal court order.
(5) Requiring the sidewalk vendor to possess a
certificate of registration from the Department of Revenue
if required under Section 3 of the Transient Merchant Act
of 1987.
(6) Requiring additional licenses from other State or
local agencies to the extent required by law.
(7) Requiring compliance with other generally
applicable laws.
(8) Requiring a sidewalk vendor to submit information
on his or her operations, including, but not limited to,
any of the following:

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(A) The name and current mailing address of the
sidewalk vendor.
(B) A description of the merchandise offered for
sale or exchange.
(C) A certification by the vendor that to his or
her knowledge and belief, the information contained on
the form is true.
(D) The certificate of registration from the
Department of Revenue, if any, of the sidewalk vendor.
(E) If the sidewalk vendor is an agent of an
individual, company, partnership, or corporation, the
name and business address of the principal.
(d) Notwithstanding subsection (b), a governmental unit
may do both of the following:
(1) Prohibit sidewalk vendors in areas located within
the immediate vicinity of a farmers' market or flea market
during the limited operating hours of that farmers' market
or flea market. As used in this paragraph:
"Farmers' market" has the meaning given to that term
in Section 3.3 of the Food Handling Regulation Enforcement
Act.
"Flea market" has the meaning given to that term in
Section 5.5 of the Transient Merchant Act of 1987
(2) Restrict or prohibit sidewalk vendors within the
immediate vicinity of an area designated for a temporary
special permit issued by the governmental unit, provided

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that any notice, business interruption mitigation, or
other rights provided to affected businesses or property
owners under the governmental unit's temporary special
permit are also provided to any sidewalk vendors
specifically permitted to operate in the area, if
applicable. For purposes of this paragraph, a "temporary
special permit" is a permit issued by the governmental
unit for the temporary use of, or encroachment on, the
sidewalk or other public area, including, but not limited
to, an encroachment permit, special event permit, or
temporary event permit, for purposes including, but not
limited to, filming, parades, or outdoor concerts. A
prohibition of sidewalk vendors pursuant to this paragraph
shall only be effective for the limited duration of the
temporary special permit.
(e) For purposes of this Section, perceived community
animus or economic competition does not constitute an
objective health, safety, or welfare concern.
Section 25. Violations
(a) A violation of a governmental unit's sidewalk vending
program that complies with Section 20 is punishable only by
the following:
(1) A fine not exceeding $100 for a first violation.
(2) A fine not exceeding $200 for a second violation
within one year of the first violation.

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(3) A fine not exceeding $500 for each additional
violation within one year of the first violation.
A governmental unit may rescind a permit issued to a
sidewalk vendor for the term of that permit upon the fourth
violation or subsequent violations.
(b) If a governmental unit requires a sidewalk vendor to
obtain a sidewalk vending permit from the governmental unit,
vending without a sidewalk vending permit may be punishable by
the following in lieu of the fines set forth in subsection (a):
(1) A fine not exceeding $250 for a first violation.
(2) A fine not exceeding $500 for a second violation
within one year of the first violation.
(3) A fine not exceeding $1,000 for each additional
violation within one year of the first violation.
Upon proof of a valid permit issued by the governmental
unit, the fines set forth in this subsection shall be reduced
to the fines set forth in subsection (a), respectively.
(c) The proceeds of a fine assessed pursuant to
subsections (a) or (b) shall be deposited in the treasury of
the governmental unit.
(d) Failure to pay a fine pursuant to subsections (a) and
(b) is not punishable as an infraction or misdemeanor.
Additional fines, fees, assessments, or any other financial
conditions beyond those authorized in subsections (a) and (b)
shall not be assessed.
(e) A violation of a governmental unit's sidewalk vending

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program that complies with Section 20, or a violation of any
rules or regulations adopted prior to the effective date of
this amendatory Act of the 102nd General Assembly, that
regulate or prohibit sidewalk vendors in the jurisdiction of a
governmental unit, shall not be punishable as an infraction or
misdemeanor, and the person alleged to have violated any of
those provisions shall not be subject to arrest, except when
otherwise permitted under law.
(f) Notwithstanding any other provision of law, subsection
(e) applies to all pending criminal prosecutions under any
local ordinance or resolution regulating or prohibiting
sidewalk vendors. Any of those criminal prosecutions that have
not reached final judgment shall be dismissed.
(g) A governmental unit that has not adopted rules or
regulations by ordinance or resolution that comply with this
Act shall not cite, fine, or prosecute a sidewalk vendor for a
violation of any rule or regulation that is inconsistent with
the standards described in this Act.
(h) When assessing a fine pursuant to subsection (a) or
(b), the individual assessing the fine shall take into
consideration the person's ability to pay the fine. The
governmental unit shall provide the person with notice of his
or her right to request an ability-to-pay determination and
shall make available instructions or other materials for
requesting an ability-to-pay determination. The person may
request an ability-to-pay determination at adjudication or

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while the judgment remains unpaid, including when a case is
delinquent or has been referred to a comprehensive collection
program.
If the person meets the criteria described in Section
5-105 of the Code of Civil Procedure, the governmental unit
shall accept, in full satisfaction, 20% of the fine imposed
pursuant to subsection (a) or (b).
The governmental unit may allow the person to complete
community service in lieu of paying the total fine, may waive
the fine, or may offer an alternative disposition.
Section 30. Cases or sentences involving sidewalk vending;
sealing of records. A person who is currently serving, or who
completed, a sentence, or who is subject to a fine, for a
conviction of a misdemeanor or infraction for sidewalk
vending, whether by trial or by plea, who would not have been
guilty of that offense under this Act had the Act been in
effect at the time of the offense, may petition for dismissal
of the sentence, fine, or conviction before the trial court
that entered the judgment of conviction in his or her case.
Upon receiving a petition under this Section, the court
shall presume the petitioner satisfies this criteria in this
Section unless the party opposing the petition proves by clear
and convincing evidence that the petitioner does not satisfy
the criteria. If the petitioner satisfies the criteria in this
Section, the court shall grant the petition to dismiss the

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sentence or fine, if applicable. Upon granting the dismissal,
the court shall immediately seal the criminal records as
provided in subsection (g) of Section 5.2 of the Criminal
Identification Act.
Unless requested by the petitioner, no hearing is
necessary to grant or deny a petition filed under this
Section.
Nothing in this Section is intended to diminish or
abrogate any rights or remedies otherwise available to the
petitioner.
Nothing in this Section or related provisions is intended
to diminish or abrogate the finality of judgments in any case
not falling within the purview of this Act.
Section 35. Home rule. A home rule governmental unit may
not regulate sidewalk vendors in a manner inconsistent with
this Act. This Act is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State
Section 100. 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.

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(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the following Sections of the
Unified Code of Corrections, 730 ILCS 5/5-1-2 through
5/5-1-22:
(i) Business Offense, Section 5-1-2. (730 ILCS
5/5-1-2),
(ii) Charge, Section 5-1-3. (730 ILCS
5/5-1-3),
(iii) Court, Section 5-1-6. (730 ILCS
5/5-1-6),
(iv) Defendant, Section 5-1-7. (730 ILCS
5/5-1-7),
(v) Felony, Section 5-1-9. (730 ILCS 5/5-1-9),
(vi) Imprisonment, Section 5-1-10. (730 ILCS
5/5-1-10),
(vii) Judgment, Section 5-1-12. (730 ILCS
5/5-1-12),
(viii) Misdemeanor, Section 5-1-14. (730 ILCS
5/5-1-14),
(ix) Offense, Section 5-1-15. (730 ILCS
5/5-1-15),
(x) Parole, Section 5-1-16. (730 ILCS

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

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of qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner

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has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively
considered the "last sentence" regardless of whether
they were ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner
was charged or for which the petitioner was arrested
and released without charging.

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(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control
Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The

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petitioner's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act, but any index issued by the circuit court clerk
before the entry of the order to seal shall not be
affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a

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civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the
final satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)

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any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision

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of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) 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

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such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance, or under

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Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for

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expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Illinois State
Police Department for persons arrested prior to their 17th
birthday shall be expunged as provided in Section 5-915 of
the Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Illinois State Police 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

HB4796 - 25 - LRB102 25458 AWJ 34744 b
obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the
order. Nothing in this Section shall limit the Illinois
Department of State Police or other criminal justice
agencies or prosecutors from listing under an offender's
name the false names he or she has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Illinois 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

HB4796 - 26 - LRB102 25458 AWJ 34744 b
clear and convincing evidence that the petitioner was
factually innocent of the charge, the court that finds the
petitioner factually innocent of the charge shall enter an
expungement order for the conviction for which the
petitioner has been determined to be innocent as provided
in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the Illinois
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

HB4796 - 27 - LRB102 25458 AWJ 34744 b
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);

HB4796 - 28 - LRB102 25458 AWJ 34744 b
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at
any time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination

HB4796 - 29 - LRB102 25458 AWJ 34744 b
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
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

HB4796 - 30 - LRB102 25458 AWJ 34744 b
petition for sealing filed by the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent
felony offense, order the unsealing of prior felony
conviction records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for
the sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be

HB4796 - 31 - LRB102 25458 AWJ 34744 b
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January
1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph

HB4796 - 32 - LRB102 25458 AWJ 34744 b
(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,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on
the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Illinois Department of
State Police, the arresting agency and the chief legal
officer of the unit of local government effecting the

HB4796 - 33 - LRB102 25458 AWJ 34744 b
arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the
basis of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Illinois 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

HB4796 - 34 - LRB102 25458 AWJ 34744 b
enter an order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior
to the hearing, the State's Attorney shall consult with
the Illinois State Police Department as to the
appropriateness of the relief sought in the petition to
expunge or seal. At the hearing, the court shall hear

HB4796 - 35 - LRB102 25458 AWJ 34744 b
evidence on whether the petition should or should not be
granted, and shall grant or deny the petition to expunge
or seal the records based on the evidence presented at the
hearing. The court may consider the following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is
denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Illinois State Police Department, in a
form and manner prescribed by the Illinois State Police
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.

HB4796 - 36 - LRB102 25458 AWJ 34744 b
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Illinois State Police 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
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Illinois State Police
Department, or the agency receiving such inquiry,
shall reply as it does in response to inquiries
when no records ever existed.

HB4796 - 37 - LRB102 25458 AWJ 34744 b
(B) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police 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 pursuant to
paragraph (12) of subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police Department may be disseminated by the

HB4796 - 38 - LRB102 25458 AWJ 34744 b
Illinois State Police 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 Illinois State Police
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
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

HB4796 - 39 - LRB102 25458 AWJ 34744 b
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police 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 Illinois State
Police Department may be disseminated by the
Illinois State Police 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 Illinois State
Police Department, or the agency receiving the
inquiry shall reply as it does in response to
inquiries when no records ever existed.
(C) Upon entry of an order to seal records under

HB4796 - 40 - LRB102 25458 AWJ 34744 b
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police
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 Illinois
State Police Department, or the agency receiving such
inquiry shall reply as it does in response to
inquiries when no records ever existed.
(D) The Illinois State Police 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 Illinois State
Police Department to expunge or seal records. In the
event of an appeal from the circuit court order, the
Illinois State Police 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 petition for discretionary appellate review, is
pending.

HB4796 - 41 - LRB102 25458 AWJ 34744 b
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police 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 court clerk may charge a fee
equivalent to the cost associated with the sealing or

HB4796 - 42 - LRB102 25458 AWJ 34744 b
expungement of records by the circuit court clerk. From
the total filing fee collected for the petition to seal or
expunge, the circuit court clerk shall deposit $10 into
the Circuit Court Clerk Operation and Administrative Fund,
to be used to offset the costs incurred by the circuit
court clerk in performing the additional duties required
to serve the petition to seal or expunge on all parties.
The circuit court clerk shall collect and remit the
Illinois Department of State Police portion of the fee to
the State Treasurer and it shall be deposited in the State
Police Services Fund. If the record brought under an
expungement petition was previously sealed under this
Section, the fee for the expungement petition for that
same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or

HB4796 - 43 - LRB102 25458 AWJ 34744 b
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or
reconsider. The circuit court retains jurisdiction to
determine whether the order is voidable and to vacate,
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to
notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is

HB4796 - 44 - LRB102 25458 AWJ 34744 b
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's
mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after
August 5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police
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 Courts Act in connection with the arrest and

HB4796 - 45 - LRB102 25458 AWJ 34744 b
conviction for the offense for which he or she had been
pardoned but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All records
sealed by the Illinois State Police Department may be
disseminated by the Illinois State Police 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
Illinois State Police 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 Illinois State Police Department
be sealed until further order of the court upon good cause

HB4796 - 46 - LRB102 25458 AWJ 34744 b
shown or as otherwise provided herein, and the name of the
petitioner obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police Department may be
disseminated by the Illinois State Police 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 Illinois State Police
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

HB4796 - 47 - LRB102 25458 AWJ 34744 b
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police
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 Illinois State Police
Department may be disseminated by the Illinois State Police
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
Illinois State Police 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

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of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records.
(A) 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.

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(B) Arrests or charges, relating to sidewalk
vending that occurred on or before the effective date
of this amendatory Act of the 102nd General Assembly
that would not have occurred had the Sidewalk Vendor
Access Act been in effect at the time of the offense,
may be sealed immediately upon granting of a petition
under Section 30 of the Sidewalk Vendor Access Act.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the
disposition of other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g), except for
records under subparagraph (B) of paragraph (2) of 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

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under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge
shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it

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is filed. Petitions for immediate sealing shall be
ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Illinois Department of State Police
shall comply with paragraph (1) of subsection (d) of
this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Illinois
Department of State Police may file a motion to
vacate, modify, or reconsider the order denying the

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petition to immediately seal within 60 days of service
of the order. If filed more than 60 days after service
of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure.
(L) Effect of Order. An order granting an
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing; 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

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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
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

HB4796 - 54 - LRB102 25458 AWJ 34744 b
of 2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois 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
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

HB4796 - 55 - LRB102 25458 AWJ 34744 b
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019
(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry
shall reply as it does in response to inquiries when no
records ever existed; however, it shall provide a
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.

HB4796 - 56 - LRB102 25458 AWJ 34744 b
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Department of State Police
shall review all criminal history record information
and identify all records that meet all of the
following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole

HB4796 - 57 - LRB102 25458 AWJ 34744 b
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the
individual had been convicted. Such petition may
include more than one individual. Whenever an
individual who has been convicted of an offense is

HB4796 - 58 - LRB102 25458 AWJ 34744 b
granted a pardon by the Governor that specifically
authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Illinois 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
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.

HB4796 - 59 - LRB102 25458 AWJ 34744 b
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law
enforcement, the petitioner's age, the petitioner's age at
the time of offense, the time since the conviction, and
the specific adverse consequences if denied. An individual
may file such a petition after the completion of any
non-financial sentence or non-financial condition imposed
by the conviction. Within 60 days of the filing of such
motion, a State's Attorney may file an objection to such a
petition along with supporting evidence. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest
Attorney Assistance Act, assisting individuals seeking to

HB4796 - 60 - LRB102 25458 AWJ 34744 b
file a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual. Motions filed by an agency
providing civil legal aid concerning more than one
individual may be prepared, presented, and signed
electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall
consider the following: the reasons to retain the records
provided by law enforcement, the individual's age, the
individual's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. Upon entry of an order granting a motion to vacate
and expunge records pursuant to this Section, the State's
Attorney shall notify the Prisoner Review Board within 30

HB4796 - 61 - LRB102 25458 AWJ 34744 b
days. Upon entry of the order of expungement, the circuit
court clerk shall promptly provide a copy of the order and
a certificate of disposition to the individual whose
records will be expunged to the individual's last known
address or by electronic means (if available) or otherwise
make available to the individual upon request. If a motion
to vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019
(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of
his or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)
the case is pending at the time; and (C) the person has not

HB4796 - 62 - LRB102 25458 AWJ 34744 b
been sentenced of the minor cannabis violation eligible
for expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Illinois Department of State Police shall
allow a person to use the access and review process,
established in the Illinois 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

HB4796 - 63 - LRB102 25458 AWJ 34744 b
before the arrest, charge, or conviction.
(11) Information. The Illinois Department of State
Police shall post general information on its website about
the expungement process described in this subsection (i).
(j) Felony Prostitution Convictions.
(1) Any individual may file a motion to vacate and
expunge a conviction for a prior Class 4 felony violation
of prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
designated by the Chief Judge. When considering the motion
to vacate and expunge, a court shall consider the
following:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
and
(D) the time since the conviction, and the
specific adverse consequences if denied. An individual
may file the petition after the completion of any
sentence or condition imposed by the conviction.
Within 60 days of the filing of the motion, a State's
Attorney may file an objection to the petition along
with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in

HB4796 - 64 - LRB102 25458 AWJ 34744 b
accordance with subparagraph (d)(9)(A) of this
Section. An agency providing civil legal aid, as
defined in Section 15 of the Public Interest Attorney
Assistance Act, assisting individuals seeking to file
a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may
include more than one individual.
(2) Any State's Attorney may file a motion to vacate
and expunge a conviction for a Class 4 felony violation of
prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
court designated by the Chief Judge, and may include more
than one individual. When considering the motion to vacate
and expunge, a court shall consider the following reasons:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
(D) the time since the conviction; and
(E) the specific adverse consequences if denied.
If the State's Attorney files a motion to vacate and
expunge records for felony prostitution convictions
pursuant to this Section, the State's Attorney shall

HB4796 - 65 - LRB102 25458 AWJ 34744 b
notify the Prisoner Review Board within 30 days of the
filing. If a motion to vacate and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(3) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(4) The Illinois State Police shall allow a person to
a use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to felony prostitution eligible under
this Section have been expunged.
(5) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(6) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(7) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (j).
(Source: P.A. 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.

HB4796 - 66 - LRB102 25458 AWJ 34744 b
12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)
Section 105. The Counties Code is amended by changing
Section 5-1058 as follows:
(55 ILCS 5/5-1058) (from Ch. 34, par. 5-1058)
Sec. 5-1058. Hawkers, peddlers, itinerant merchants, and
transient vendors. A county board may regulate, in the manner
authorized by this Section hawkers, peddlers, itinerant
merchants and transient vendors of merchandise in any area not
within the corporate limits of a municipality which licenses
or regulates hawkers, peddlers, itinerant merchants, and
transient vendors of merchandise. The county board may require
that any such person register his name and the name of any firm
he represents with the county clerk and may make reasonable
restrictions of the hours during which he may engage in door -
to - door solicitation. The board shall not require a fee from
such persons or make regulations other than those authorized
by this Section. The provisions of this Section do not apply to
any county which is a home rule unit.
To the extent that this Section conflicts with the
Sidewalk Vendor Access Act, the Sidewalk Vendor Access Act
prevails.
(Source: P.A. 86-962.)

HB4796 - 67 - LRB102 25458 AWJ 34744 b
Section 110. The Illinois Municipal Code is amended by
changing Section 11-42-5 as follows:
(65 ILCS 5/11-42-5) (from Ch. 24, par. 11-42-5)
Sec. 11-42-5. The corporate authorities of each
municipality may license, tax, regulate, or prohibit hawkers,
peddlers, pawnbrokers, itinerant merchants, transient vendors
of merchandise, theatricals and other exhibitions, shows, and
amusements and may license, tax, and regulate all places for
eating or amusement. No municipality may impose a tax under
this Section, or impose any other amusement or exhibition tax,
on ticket sales, membership fees, or any other charges for
attending exhibitions or attractions associated with a
zoological park authorized under Section 40 of the Cook County
Forest Preserve District Act, nor may any municipality impose
a duty to collect a tax under this Section, or any other
amusement or exhibition tax, on any owner or operator of a
zoological park authorized under Section 40 of the Cook County
Forest Preserve District Act.
To the extent that this Section conflicts with the
Sidewalk Vendor Access Act, the Sidewalk Vendor Access Act
prevails.
(Source: P.A. 96-1516, eff. 2-4-11.)