103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3955
 
Introduced 5/17/2024, by Sen. Mattie Hunter
 
SYNOPSIS AS INTRODUCED:

5 ILCS 140/7.5
20 ILCS 2605/2605-200 was 20 ILCS 2605/55a in part
20 ILCS 2630/5.2
50 ILCS 705/10.25 new
725 ILCS 5/107-17 new
735 ILCS 5/8-802.4 new
 Amends the Illinois State Police Law of the Civil Administrative Code of Illinois and the Illinois Police Training Act. Defines "gender-affirming care" and "reproductive health care". Provides that, notwithstanding any other provision of law, records maintained by the Illinois State Police or a law enforcement agency that contain any reference to reproductive health care or gender-affirming care shall be redacted to exclude the references to reproductive health care and gender-affirming care upon inspection and copying when inspection and copying is otherwise allowed by law. Amends the Freedom of Information Act to make a conforming change. Amends the Code of Criminal Procedure of 1963 and the Code of Civil Procedure. Provides that, if a document filed during a criminal or civil proceeding that contains any reference to reproductive health care or gender-affirming care, the document, including court records, shall be filed under seal and remain under seal unless the court orders otherwise, or, if not filed under seal, a document that references reproductive health care or gender-affirming care must be redacted before being filed. Requires, upon final disposition of a case involving documents described under the provisions, the entire court file to be immediately sealed, and, after immediate sealing, the case file only may be made available to the public by court order unsealing the records as otherwise provided by law and only with any reference to reproductive health care or gender-affirming care redacted. Includes procedures relating to the immediate sealing of the records, including modification of immediate sealing procedures under the Criminal Identification Act. Allows parties to access the unredacted filings or files with a protective order. Effective immediately.


LRB103 40770 AWJ 73604 b


 
 
A BILL FOR
 
SB3955LRB103 40770 AWJ 73604 b


1 AN ACT concerning government.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)
7 (Text of Section before amendment by P.A. 103-472)
8 Sec. 7.5. Statutory exemptions. To the extent provided for 
9by the statutes referenced below, the following shall be 
10exempt from inspection and copying:
11  (a) All information determined to be confidential 
12 under Section 4002 of the Technology Advancement and 
13 Development Act.
14  (b) Library circulation and order records identifying 
15 library users with specific materials under the Library 
16 Records Confidentiality Act.
17  (c) Applications, related documents, and medical 
18 records received by the Experimental Organ Transplantation 
19 Procedures Board and any and all documents or other 
20 records prepared by the Experimental Organ Transplantation 
21 Procedures Board or its staff relating to applications it 
22 has received.
23  (d) Information and records held by the Department of 
 
 
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1 Public Health and its authorized representatives relating 
2 to known or suspected cases of sexually transmissible 
3 disease or any information the disclosure of which is 
4 restricted under the Illinois Sexually Transmissible 
5 Disease Control Act.
6  (e) Information the disclosure of which is exempted 
7 under Section 30 of the Radon Industry Licensing Act.
8  (f) Firm performance evaluations under Section 55 of 
9 the Architectural, Engineering, and Land Surveying 
10 Qualifications Based Selection Act.
11  (g) Information the disclosure of which is restricted 
12 and exempted under Section 50 of the Illinois Prepaid 
13 Tuition Act.
14  (h) Information the disclosure of which is exempted 
15 under the State Officials and Employees Ethics Act, and 
16 records of any lawfully created State or local inspector 
17 general's office that would be exempt if created or 
18 obtained by an Executive Inspector General's office under 
19 that Act.
20  (i) Information contained in a local emergency energy 
21 plan submitted to a municipality in accordance with a 
22 local emergency energy plan ordinance that is adopted 
23 under Section 11-21.5-5 of the Illinois Municipal Code.
24  (j) Information and data concerning the distribution 
25 of surcharge moneys collected and remitted by carriers 
26 under the Emergency Telephone System Act.
 
 
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1  (k) Law enforcement officer identification information 
2 or driver identification information compiled by a law 
3 enforcement agency or the Department of Transportation 
4 under Section 11-212 of the Illinois Vehicle Code.
5  (l) Records and information provided to a residential 
6 health care facility resident sexual assault and death 
7 review team or the Executive Council under the Abuse 
8 Prevention Review Team Act.
9  (m) Information provided to the predatory lending 
10 database created pursuant to Article 3 of the Residential 
11 Real Property Disclosure Act, except to the extent 
12 authorized under that Article.
13  (n) Defense budgets and petitions for certification of 
14 compensation and expenses for court appointed trial 
15 counsel as provided under Sections 10 and 15 of the 
16 Capital Crimes Litigation Act (repealed). This subsection 
17 (n) shall apply until the conclusion of the trial of the 
18 case, even if the prosecution chooses not to pursue the 
19 death penalty prior to trial or sentencing.
20  (o) Information that is prohibited from being 
21 disclosed under Section 4 of the Illinois Health and 
22 Hazardous Substances Registry Act.
23  (p) Security portions of system safety program plans, 
24 investigation reports, surveys, schedules, lists, data, or 
25 information compiled, collected, or prepared by or for the 
26 Department of Transportation under Sections 2705-300 and 
 
 
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1 2705-616 of the Department of Transportation Law of the 
2 Civil Administrative Code of Illinois, the Regional 
3 Transportation Authority under Section 2.11 of the 
4 Regional Transportation Authority Act, or the St. Clair 
5 County Transit District under the Bi-State Transit Safety 
6 Act (repealed). 
7  (q) Information prohibited from being disclosed by the 
8 Personnel Record Review Act. 
9  (r) Information prohibited from being disclosed by the 
10 Illinois School Student Records Act. 
11  (s) Information the disclosure of which is restricted 
12 under Section 5-108 of the Public Utilities Act. 
13  (t) (Blank). 
14  (u) Records and information provided to an independent 
15 team of experts under the Developmental Disability and 
16 Mental Health Safety Act (also known as Brian's Law). 
17  (v) Names and information of people who have applied 
18 for or received Firearm Owner's Identification Cards under 
19 the Firearm Owners Identification Card Act or applied for 
20 or received a concealed carry license under the Firearm 
21 Concealed Carry Act, unless otherwise authorized by the 
22 Firearm Concealed Carry Act; and databases under the 
23 Firearm Concealed Carry Act, records of the Concealed 
24 Carry Licensing Review Board under the Firearm Concealed 
25 Carry Act, and law enforcement agency objections under the 
26 Firearm Concealed Carry Act. 
 
 
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1  (v-5) Records of the Firearm Owner's Identification 
2 Card Review Board that are exempted from disclosure under 
3 Section 10 of the Firearm Owners Identification Card Act.
4  (w) Personally identifiable information which is 
5 exempted from disclosure under subsection (g) of Section 
6 19.1 of the Toll Highway Act.
7  (x) Information which is exempted from disclosure 
8 under Section 5-1014.3 of the Counties Code or Section 
9 8-11-21 of the Illinois Municipal Code. 
10  (y) Confidential information under the Adult 
11 Protective Services Act and its predecessor enabling 
12 statute, the Elder Abuse and Neglect Act, including 
13 information about the identity and administrative finding 
14 against any caregiver of a verified and substantiated 
15 decision of abuse, neglect, or financial exploitation of 
16 an eligible adult maintained in the Registry established 
17 under Section 7.5 of the Adult Protective Services Act. 
18  (z) Records and information provided to a fatality 
19 review team or the Illinois Fatality Review Team Advisory 
20 Council under Section 15 of the Adult Protective Services 
21 Act. 
22  (aa) Information which is exempted from disclosure 
23 under Section 2.37 of the Wildlife Code. 
24  (bb) Information which is or was prohibited from 
25 disclosure by the Juvenile Court Act of 1987. 
26  (cc) Recordings made under the Law Enforcement 
 
 
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1 Officer-Worn Body Camera Act, except to the extent 
2 authorized under that Act.
3  (dd) Information that is prohibited from being 
4 disclosed under Section 45 of the Condominium and Common 
5 Interest Community Ombudsperson Act. 
6  (ee) Information that is exempted from disclosure 
7 under Section 30.1 of the Pharmacy Practice Act. 
8  (ff) Information that is exempted from disclosure 
9 under the Revised Uniform Unclaimed Property Act. 
10  (gg) Information that is prohibited from being 
11 disclosed under Section 7-603.5 of the Illinois Vehicle 
12 Code. 
13  (hh) Records that are exempt from disclosure under 
14 Section 1A-16.7 of the Election Code. 
15  (ii) Information which is exempted from disclosure 
16 under Section 2505-800 of the Department of Revenue Law of 
17 the Civil Administrative Code of Illinois. 
18  (jj) Information and reports that are required to be 
19 submitted to the Department of Labor by registering day 
20 and temporary labor service agencies but are exempt from 
21 disclosure under subsection (a-1) of Section 45 of the Day 
22 and Temporary Labor Services Act. 
23  (kk) Information prohibited from disclosure under the 
24 Seizure and Forfeiture Reporting Act. 
25  (ll) Information the disclosure of which is restricted 
26 and exempted under Section 5-30.8 of the Illinois Public 
 
 
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1 Aid Code. 
2  (mm) Records that are exempt from disclosure under 
3 Section 4.2 of the Crime Victims Compensation Act. 
4  (nn) Information that is exempt from disclosure under 
5 Section 70 of the Higher Education Student Assistance Act. 
6  (oo) Communications, notes, records, and reports 
7 arising out of a peer support counseling session 
8 prohibited from disclosure under the First Responders 
9 Suicide Prevention Act. 
10  (pp) Names and all identifying information relating to 
11 an employee of an emergency services provider or law 
12 enforcement agency under the First Responders Suicide 
13 Prevention Act. 
14  (qq) Information and records held by the Department of 
15 Public Health and its authorized representatives collected 
16 under the Reproductive Health Act. 
17  (rr) Information that is exempt from disclosure under 
18 the Cannabis Regulation and Tax Act. 
19  (ss) Data reported by an employer to the Department of 
20 Human Rights pursuant to Section 2-108 of the Illinois 
21 Human Rights Act.
22  (tt) Recordings made under the Children's Advocacy 
23 Center Act, except to the extent authorized under that 
24 Act. 
25  (uu) Information that is exempt from disclosure under 
26 Section 50 of the Sexual Assault Evidence Submission Act. 
 
 
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1  (vv) Information that is exempt from disclosure under 
2 subsections (f) and (j) of Section 5-36 of the Illinois 
3 Public Aid Code. 
4  (ww) Information that is exempt from disclosure under 
5 Section 16.8 of the State Treasurer Act. 
6  (xx) Information that is exempt from disclosure or 
7 information that shall not be made public under the 
8 Illinois Insurance Code. 
9  (yy) Information prohibited from being disclosed under 
10 the Illinois Educational Labor Relations Act.
11  (zz) Information prohibited from being disclosed under 
12 the Illinois Public Labor Relations Act. 
13  (aaa) Information prohibited from being disclosed 
14 under Section 1-167 of the Illinois Pension Code. 
15  (bbb) Information that is prohibited from disclosure 
16 by the Illinois Police Training Act, and the Illinois 
17 State Police Act, and the Illinois State Police Law of the 
18 Civil Administrative Code of Illinois. 
19  (ccc) Records exempt from disclosure under Section 
20 2605-304 of the Illinois State Police Law of the Civil 
21 Administrative Code of Illinois. 
22  (ddd) Information prohibited from being disclosed 
23 under Section 35 of the Address Confidentiality for 
24 Victims of Domestic Violence, Sexual Assault, Human 
25 Trafficking, or Stalking Act. 
26  (eee) Information prohibited from being disclosed 
 
 
SB3955- 9 -LRB103 40770 AWJ 73604 b


1 under subsection (b) of Section 75 of the Domestic 
2 Violence Fatality Review Act. 
3  (fff) Images from cameras under the Expressway Camera 
4 Act. This subsection (fff) is inoperative on and after 
5 July 1, 2025. 
6  (ggg) Information prohibited from disclosure under 
7 paragraph (3) of subsection (a) of Section 14 of the Nurse 
8 Agency Licensing Act. 
9  (hhh) Information submitted to the Illinois State 
10 Police in an affidavit or application for an assault 
11 weapon endorsement, assault weapon attachment endorsement, 
12 .50 caliber rifle endorsement, or .50 caliber cartridge 
13 endorsement under the Firearm Owners Identification Card 
14 Act. 
15  (iii) Data exempt from disclosure under Section 50 of 
16 the School Safety Drill Act. 
17  (jjj) (hhh) Information exempt from disclosure under 
18 Section 30 of the Insurance Data Security Law. 
19  (kkk) (iii) Confidential business information 
20 prohibited from disclosure under Section 45 of the Paint 
21 Stewardship Act. 
22  (lll) (Reserved). 
23  (mmm) (iii) Information prohibited from being 
24 disclosed under subsection (e) of Section 1-129 of the 
25 Illinois Power Agency Act. 
26(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
 
 
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1102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
28-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
3102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
46-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
5eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 
6revised 1-2-24.)

7 (Text of Section after amendment by P.A. 103-472)
8 Sec. 7.5. Statutory exemptions. To the extent provided for 
9by the statutes referenced below, the following shall be 
10exempt from inspection and copying:
11  (a) All information determined to be confidential 
12 under Section 4002 of the Technology Advancement and 
13 Development Act.
14  (b) Library circulation and order records identifying 
15 library users with specific materials under the Library 
16 Records Confidentiality Act.
17  (c) Applications, related documents, and medical 
18 records received by the Experimental Organ Transplantation 
19 Procedures Board and any and all documents or other 
20 records prepared by the Experimental Organ Transplantation 
21 Procedures Board or its staff relating to applications it 
22 has received.
23  (d) Information and records held by the Department of 
24 Public Health and its authorized representatives relating 
25 to known or suspected cases of sexually transmissible 
 
 
SB3955- 11 -LRB103 40770 AWJ 73604 b


1 disease or any information the disclosure of which is 
2 restricted under the Illinois Sexually Transmissible 
3 Disease Control Act.
4  (e) Information the disclosure of which is exempted 
5 under Section 30 of the Radon Industry Licensing Act.
6  (f) Firm performance evaluations under Section 55 of 
7 the Architectural, Engineering, and Land Surveying 
8 Qualifications Based Selection Act.
9  (g) Information the disclosure of which is restricted 
10 and exempted under Section 50 of the Illinois Prepaid 
11 Tuition Act.
12  (h) Information the disclosure of which is exempted 
13 under the State Officials and Employees Ethics Act, and 
14 records of any lawfully created State or local inspector 
15 general's office that would be exempt if created or 
16 obtained by an Executive Inspector General's office under 
17 that Act.
18  (i) Information contained in a local emergency energy 
19 plan submitted to a municipality in accordance with a 
20 local emergency energy plan ordinance that is adopted 
21 under Section 11-21.5-5 of the Illinois Municipal Code.
22  (j) Information and data concerning the distribution 
23 of surcharge moneys collected and remitted by carriers 
24 under the Emergency Telephone System Act.
25  (k) Law enforcement officer identification information 
26 or driver identification information compiled by a law 
 
 
SB3955- 12 -LRB103 40770 AWJ 73604 b


1 enforcement agency or the Department of Transportation 
2 under Section 11-212 of the Illinois Vehicle Code.
3  (l) Records and information provided to a residential 
4 health care facility resident sexual assault and death 
5 review team or the Executive Council under the Abuse 
6 Prevention Review Team Act.
7  (m) Information provided to the predatory lending 
8 database created pursuant to Article 3 of the Residential 
9 Real Property Disclosure Act, except to the extent 
10 authorized under that Article.
11  (n) Defense budgets and petitions for certification of 
12 compensation and expenses for court appointed trial 
13 counsel as provided under Sections 10 and 15 of the 
14 Capital Crimes Litigation Act (repealed). This subsection 
15 (n) shall apply until the conclusion of the trial of the 
16 case, even if the prosecution chooses not to pursue the 
17 death penalty prior to trial or sentencing.
18  (o) Information that is prohibited from being 
19 disclosed under Section 4 of the Illinois Health and 
20 Hazardous Substances Registry Act.
21  (p) Security portions of system safety program plans, 
22 investigation reports, surveys, schedules, lists, data, or 
23 information compiled, collected, or prepared by or for the 
24 Department of Transportation under Sections 2705-300 and 
25 2705-616 of the Department of Transportation Law of the 
26 Civil Administrative Code of Illinois, the Regional 
 
 
SB3955- 13 -LRB103 40770 AWJ 73604 b


1 Transportation Authority under Section 2.11 of the 
2 Regional Transportation Authority Act, or the St. Clair 
3 County Transit District under the Bi-State Transit Safety 
4 Act (repealed). 
5  (q) Information prohibited from being disclosed by the 
6 Personnel Record Review Act. 
7  (r) Information prohibited from being disclosed by the 
8 Illinois School Student Records Act. 
9  (s) Information the disclosure of which is restricted 
10 under Section 5-108 of the Public Utilities Act. 
11  (t) (Blank). 
12  (u) Records and information provided to an independent 
13 team of experts under the Developmental Disability and 
14 Mental Health Safety Act (also known as Brian's Law). 
15  (v) Names and information of people who have applied 
16 for or received Firearm Owner's Identification Cards under 
17 the Firearm Owners Identification Card Act or applied for 
18 or received a concealed carry license under the Firearm 
19 Concealed Carry Act, unless otherwise authorized by the 
20 Firearm Concealed Carry Act; and databases under the 
21 Firearm Concealed Carry Act, records of the Concealed 
22 Carry Licensing Review Board under the Firearm Concealed 
23 Carry Act, and law enforcement agency objections under the 
24 Firearm Concealed Carry Act. 
25  (v-5) Records of the Firearm Owner's Identification 
26 Card Review Board that are exempted from disclosure under 
 
 
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1 Section 10 of the Firearm Owners Identification Card Act.
2  (w) Personally identifiable information which is 
3 exempted from disclosure under subsection (g) of Section 
4 19.1 of the Toll Highway Act.
5  (x) Information which is exempted from disclosure 
6 under Section 5-1014.3 of the Counties Code or Section 
7 8-11-21 of the Illinois Municipal Code. 
8  (y) Confidential information under the Adult 
9 Protective Services Act and its predecessor enabling 
10 statute, the Elder Abuse and Neglect Act, including 
11 information about the identity and administrative finding 
12 against any caregiver of a verified and substantiated 
13 decision of abuse, neglect, or financial exploitation of 
14 an eligible adult maintained in the Registry established 
15 under Section 7.5 of the Adult Protective Services Act. 
16  (z) Records and information provided to a fatality 
17 review team or the Illinois Fatality Review Team Advisory 
18 Council under Section 15 of the Adult Protective Services 
19 Act. 
20  (aa) Information which is exempted from disclosure 
21 under Section 2.37 of the Wildlife Code. 
22  (bb) Information which is or was prohibited from 
23 disclosure by the Juvenile Court Act of 1987. 
24  (cc) Recordings made under the Law Enforcement 
25 Officer-Worn Body Camera Act, except to the extent 
26 authorized under that Act.
 
 
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1  (dd) Information that is prohibited from being 
2 disclosed under Section 45 of the Condominium and Common 
3 Interest Community Ombudsperson Act. 
4  (ee) Information that is exempted from disclosure 
5 under Section 30.1 of the Pharmacy Practice Act. 
6  (ff) Information that is exempted from disclosure 
7 under the Revised Uniform Unclaimed Property Act. 
8  (gg) Information that is prohibited from being 
9 disclosed under Section 7-603.5 of the Illinois Vehicle 
10 Code. 
11  (hh) Records that are exempt from disclosure under 
12 Section 1A-16.7 of the Election Code. 
13  (ii) Information which is exempted from disclosure 
14 under Section 2505-800 of the Department of Revenue Law of 
15 the Civil Administrative Code of Illinois. 
16  (jj) Information and reports that are required to be 
17 submitted to the Department of Labor by registering day 
18 and temporary labor service agencies but are exempt from 
19 disclosure under subsection (a-1) of Section 45 of the Day 
20 and Temporary Labor Services Act. 
21  (kk) Information prohibited from disclosure under the 
22 Seizure and Forfeiture Reporting Act. 
23  (ll) Information the disclosure of which is restricted 
24 and exempted under Section 5-30.8 of the Illinois Public 
25 Aid Code. 
26  (mm) Records that are exempt from disclosure under 
 
 
SB3955- 16 -LRB103 40770 AWJ 73604 b


1 Section 4.2 of the Crime Victims Compensation Act. 
2  (nn) Information that is exempt from disclosure under 
3 Section 70 of the Higher Education Student Assistance Act. 
4  (oo) Communications, notes, records, and reports 
5 arising out of a peer support counseling session 
6 prohibited from disclosure under the First Responders 
7 Suicide Prevention Act. 
8  (pp) Names and all identifying information relating to 
9 an employee of an emergency services provider or law 
10 enforcement agency under the First Responders Suicide 
11 Prevention Act. 
12  (qq) Information and records held by the Department of 
13 Public Health and its authorized representatives collected 
14 under the Reproductive Health Act. 
15  (rr) Information that is exempt from disclosure under 
16 the Cannabis Regulation and Tax Act. 
17  (ss) Data reported by an employer to the Department of 
18 Human Rights pursuant to Section 2-108 of the Illinois 
19 Human Rights Act.
20  (tt) Recordings made under the Children's Advocacy 
21 Center Act, except to the extent authorized under that 
22 Act. 
23  (uu) Information that is exempt from disclosure under 
24 Section 50 of the Sexual Assault Evidence Submission Act. 
25  (vv) Information that is exempt from disclosure under 
26 subsections (f) and (j) of Section 5-36 of the Illinois 
 
 
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1 Public Aid Code. 
2  (ww) Information that is exempt from disclosure under 
3 Section 16.8 of the State Treasurer Act. 
4  (xx) Information that is exempt from disclosure or 
5 information that shall not be made public under the 
6 Illinois Insurance Code. 
7  (yy) Information prohibited from being disclosed under 
8 the Illinois Educational Labor Relations Act.
9  (zz) Information prohibited from being disclosed under 
10 the Illinois Public Labor Relations Act. 
11  (aaa) Information prohibited from being disclosed 
12 under Section 1-167 of the Illinois Pension Code. 
13  (bbb) Information that is prohibited from disclosure 
14 by the Illinois Police Training Act, and the Illinois 
15 State Police Act, and the Illinois State Police Law of the 
16 Civil Administrative Code of Illinois. 
17  (ccc) Records exempt from disclosure under Section 
18 2605-304 of the Illinois State Police Law of the Civil 
19 Administrative Code of Illinois. 
20  (ddd) Information prohibited from being disclosed 
21 under Section 35 of the Address Confidentiality for 
22 Victims of Domestic Violence, Sexual Assault, Human 
23 Trafficking, or Stalking Act. 
24  (eee) Information prohibited from being disclosed 
25 under subsection (b) of Section 75 of the Domestic 
26 Violence Fatality Review Act. 
 
 
SB3955- 18 -LRB103 40770 AWJ 73604 b


1  (fff) Images from cameras under the Expressway Camera 
2 Act. This subsection (fff) is inoperative on and after 
3 July 1, 2025. 
4  (ggg) Information prohibited from disclosure under 
5 paragraph (3) of subsection (a) of Section 14 of the Nurse 
6 Agency Licensing Act. 
7  (hhh) Information submitted to the Illinois State 
8 Police in an affidavit or application for an assault 
9 weapon endorsement, assault weapon attachment endorsement, 
10 .50 caliber rifle endorsement, or .50 caliber cartridge 
11 endorsement under the Firearm Owners Identification Card 
12 Act. 
13  (iii) Data exempt from disclosure under Section 50 of 
14 the School Safety Drill Act. 
15  (jjj) (hhh) Information exempt from disclosure under 
16 Section 30 of the Insurance Data Security Law. 
17  (kkk) (iii) Confidential business information 
18 prohibited from disclosure under Section 45 of the Paint 
19 Stewardship Act. 
20  (lll) (iii) Data exempt from disclosure under Section 
21 2-3.196 of the School Code. 
22  (mmm) (iii) Information prohibited from being 
23 disclosed under subsection (e) of Section 1-129 of the 
24 Illinois Power Agency Act. 
25(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
26102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
 
 
SB3955- 19 -LRB103 40770 AWJ 73604 b


18-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
2102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
36-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
4eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
5103-580, eff. 12-8-23; revised 1-2-24.)

6 Section 10. The Illinois State Police Law of the Civil 
7Administrative Code of Illinois is amended by changing Section 
82605-200 as follows:

9 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
10 Sec. 2605-200. Investigations of crime; enforcement of 
11laws; records; crime laboratories; personnel. 
12 (a) To do the following:
13  (1) Investigate the origins, activities, personnel, 
14 and incidents of crime and the ways and means to redress 
15 the victims of crimes; study the impact, if any, of 
16 legislation relative to the effusion of crime and growing 
17 crime rates; and enforce the criminal laws of this State 
18 related thereto.
19  (2) Enforce all laws regulating the production, sale, 
20 prescribing, manufacturing, administering, transporting, 
21 having in possession, dispensing, delivering, 
22 distributing, or use of controlled substances and 
23 cannabis.
24  (3) Employ skilled experts, scientists, technicians, 
 
 
SB3955- 20 -LRB103 40770 AWJ 73604 b


1 investigators, or otherwise specially qualified persons to 
2 aid in preventing or detecting crime, apprehending 
3 criminals, or preparing and presenting evidence of 
4 violations of the criminal laws of the State.
5  (4) Cooperate with the police of cities, villages, and 
6 incorporated towns and with the police officers of any 
7 county in enforcing the laws of the State and in making 
8 arrests and recovering property.
9  (5) Apprehend and deliver up any person charged in 
10 this State or any other state of the United States with 
11 treason or a felony or other crime who has fled from 
12 justice and is found in this State.
13  (6) Conduct other investigations as provided by law.
14  (7) Be a central repository and custodian of criminal 
15 statistics for the State.
16  (8) Be a central repository for criminal history 
17 record information.
18  (9) Procure and file for record information that is 
19 necessary and helpful to plan programs of crime 
20 prevention, law enforcement, and criminal justice.
21  (10) Procure and file for record copies of 
22 fingerprints that may be required by law.
23  (11) Establish general and field crime laboratories.
24  (12) Register and file for record information that may 
25 be required by law for the issuance of firearm owner's 
26 identification cards under the Firearm Owners 
 
 
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1 Identification Card Act and concealed carry licenses under 
2 the Firearm Concealed Carry Act.
3  (13) Employ laboratory technicians and other specially 
4 qualified persons to aid in the identification of criminal 
5 activity and the identification, collection, and recovery 
6 of cyber forensics, including, but not limited to, digital 
7 evidence, and may employ polygraph operators and forensic 
8 anthropologists.
9  (14) Undertake other identification, information, 
10 laboratory, statistical, or registration activities that 
11 may be required by law.
12 (b) Persons exercising the powers set forth in subsection 
13(a) within the Illinois State Police are conservators of the 
14peace and as such have all the powers possessed by policemen in 
15cities and sheriffs, except that they may exercise those 
16powers anywhere in the State in cooperation with and after 
17contact with the local law enforcement officials. Those 
18persons may use false or fictitious names in the performance 
19of their duties under this Section, upon approval of the 
20Director, and shall not be subject to prosecution under the 
21criminal laws for that use.
22 (c) Notwithstanding any other provision of law, the 
23Illinois State Police shall process investigation files and 
24documents mentioning reproductive health care or 
25gender-affirming care in the same manner required by a law 
26enforcement agency under Section 10.25 of the Illinois Police 
 
 
SB3955- 22 -LRB103 40770 AWJ 73604 b


1Training Act. 
2(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

3 Section 15. The Criminal Identification Act is amended by 
4changing Section 5.2 as follows:

5 (20 ILCS 2630/5.2)
6 Sec. 5.2. Expungement, sealing, and immediate sealing.
7 (a) General Provisions.
8  (1) Definitions. In this Act, words and phrases have 
9 the meanings set forth in this subsection, except when a 
10 particular context clearly requires a different meaning.
11   (A) The following terms shall have the meanings 
12 ascribed to them in the following Sections of the 
13 Unified Code of Corrections:
14    Business Offense, Section 5-1-2.
15    Charge, Section 5-1-3.
16    Court, Section 5-1-6.
17    Defendant, Section 5-1-7.
18    Felony, Section 5-1-9.
19    Imprisonment, Section 5-1-10.
20    Judgment, Section 5-1-12.
21    Misdemeanor, Section 5-1-14.
22    Offense, Section 5-1-15.
23    Parole, Section 5-1-16.
24    Petty Offense, Section 5-1-17.
 
 
SB3955- 23 -LRB103 40770 AWJ 73604 b


1    Probation, Section 5-1-18.
2    Sentence, Section 5-1-19.
3    Supervision, Section 5-1-21.
4    Victim, Section 5-1-22.
5   (B) As used in this Section, "charge not initiated 
6 by arrest" means a charge (as defined by Section 5-1-3 
7 of the Unified Code of Corrections) brought against a 
8 defendant where the defendant is not arrested prior to 
9 or as a direct result of the charge.
10   (C) "Conviction" means a judgment of conviction or 
11 sentence entered upon a plea of guilty or upon a 
12 verdict or finding of guilty of an offense, rendered 
13 by a legally constituted jury or by a court of 
14 competent jurisdiction authorized to try the case 
15 without a jury. An order of supervision successfully 
16 completed by the petitioner is not a conviction. An 
17 order of qualified probation (as defined in subsection 
18 (a)(1)(J)) successfully completed by the petitioner is 
19 not a conviction. An order of supervision or an order 
20 of qualified probation that is terminated 
21 unsatisfactorily is a conviction, unless the 
22 unsatisfactory termination is reversed, vacated, or 
23 modified and the judgment of conviction, if any, is 
24 reversed or vacated.
25   (D) "Criminal offense" means a petty offense, 
26 business offense, misdemeanor, felony, or municipal 
 
 
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1 ordinance violation (as defined in subsection 
2 (a)(1)(H)). As used in this Section, a minor traffic 
3 offense (as defined in subsection (a)(1)(G)) shall not 
4 be considered a criminal offense.
5   (E) "Expunge" means to physically destroy the 
6 records or return them to the petitioner and to 
7 obliterate the petitioner's name from any official 
8 index or public record, or both. Nothing in this Act 
9 shall require the physical destruction of the circuit 
10 court file, but such records relating to arrests or 
11 charges, or both, ordered expunged shall be impounded 
12 as required by subsections (d)(9)(A)(ii) and 
13 (d)(9)(B)(ii).
14   (F) As used in this Section, "last sentence" means 
15 the sentence, order of supervision, or order of 
16 qualified probation (as defined by subsection 
17 (a)(1)(J)), for a criminal offense (as defined by 
18 subsection (a)(1)(D)) that terminates last in time in 
19 any jurisdiction, regardless of whether the petitioner 
20 has included the criminal offense for which the 
21 sentence or order of supervision or qualified 
22 probation was imposed in his or her petition. If 
23 multiple sentences, orders of supervision, or orders 
24 of qualified probation terminate on the same day and 
25 are last in time, they shall be collectively 
26 considered the "last sentence" regardless of whether 
 
 
SB3955- 25 -LRB103 40770 AWJ 73604 b


1 they were ordered to run concurrently.
2   (G) "Minor traffic offense" means a petty offense, 
3 business offense, or Class C misdemeanor under the 
4 Illinois Vehicle Code or a similar provision of a 
5 municipal or local ordinance.
6   (G-5) "Minor Cannabis Offense" means a violation 
7 of Section 4 or 5 of the Cannabis Control Act 
8 concerning not more than 30 grams of any substance 
9 containing cannabis, provided the violation did not 
10 include a penalty enhancement under Section 7 of the 
11 Cannabis Control Act and is not associated with an 
12 arrest, conviction or other disposition for a violent 
13 crime as defined in subsection (c) of Section 3 of the 
14 Rights of Crime Victims and Witnesses Act. 
15   (H) "Municipal ordinance violation" means an 
16 offense defined by a municipal or local ordinance that 
17 is criminal in nature and with which the petitioner 
18 was charged or for which the petitioner was arrested 
19 and released without charging.
20   (I) "Petitioner" means an adult or a minor 
21 prosecuted as an adult who has applied for relief 
22 under this Section.
23   (J) "Qualified probation" means an order of 
24 probation under Section 10 of the Cannabis Control 
25 Act, Section 410 of the Illinois Controlled Substances 
26 Act, Section 70 of the Methamphetamine Control and 
 
 
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1 Community Protection Act, Section 5-6-3.3 or 5-6-3.4 
2 of the Unified Code of Corrections, Section 
3 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as 
4 those provisions existed before their deletion by 
5 Public Act 89-313), Section 10-102 of the Illinois 
6 Alcoholism and Other Drug Dependency Act, Section 
7 40-10 of the Substance Use Disorder Act, or Section 10 
8 of the Steroid Control Act. For the purpose of this 
9 Section, "successful completion" of an order of 
10 qualified probation under Section 10-102 of the 
11 Illinois Alcoholism and Other Drug Dependency Act and 
12 Section 40-10 of the Substance Use Disorder Act means 
13 that the probation was terminated satisfactorily and 
14 the judgment of conviction was vacated.
15   (K) "Seal" means to physically and electronically 
16 maintain the records, unless the records would 
17 otherwise be destroyed due to age, but to make the 
18 records unavailable without a court order, subject to 
19 the exceptions in Sections 12 and 13 of this Act. The 
20 petitioner's name shall also be obliterated from the 
21 official index required to be kept by the circuit 
22 court clerk under Section 16 of the Clerks of Courts 
23 Act, but any index issued by the circuit court clerk 
24 before the entry of the order to seal shall not be 
25 affected.
26   (L) "Sexual offense committed against a minor" 
 
 
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1 includes, but is not limited to, the offenses of 
2 indecent solicitation of a child or criminal sexual 
3 abuse when the victim of such offense is under 18 years 
4 of age.
5   (M) "Terminate" as it relates to a sentence or 
6 order of supervision or qualified probation includes 
7 either satisfactory or unsatisfactory termination of 
8 the sentence, unless otherwise specified in this 
9 Section. A sentence is terminated notwithstanding any 
10 outstanding financial legal obligation. 
11  (2) Minor Traffic Offenses. Orders of supervision or 
12 convictions for minor traffic offenses shall not affect a 
13 petitioner's eligibility to expunge or seal records 
14 pursuant to this Section.
15  (2.5) Commencing 180 days after July 29, 2016 (the 
16 effective date of Public Act 99-697), the law enforcement 
17 agency issuing the citation shall automatically expunge, 
18 on or before January 1 and July 1 of each year, the law 
19 enforcement records of a person found to have committed a 
20 civil law violation of subsection (a) of Section 4 of the 
21 Cannabis Control Act or subsection (c) of Section 3.5 of 
22 the Drug Paraphernalia Control Act in the law enforcement 
23 agency's possession or control and which contains the 
24 final satisfactory disposition which pertain to the person 
25 issued a citation for that offense. The law enforcement 
26 agency shall provide by rule the process for access, 
 
 
SB3955- 28 -LRB103 40770 AWJ 73604 b


1 review, and to confirm the automatic expungement by the 
2 law enforcement agency issuing the citation. Commencing 
3 180 days after July 29, 2016 (the effective date of Public 
4 Act 99-697), the clerk of the circuit court shall expunge, 
5 upon order of the court, or in the absence of a court order 
6 on or before January 1 and July 1 of each year, the court 
7 records of a person found in the circuit court to have 
8 committed a civil law violation of subsection (a) of 
9 Section 4 of the Cannabis Control Act or subsection (c) of 
10 Section 3.5 of the Drug Paraphernalia Control Act in the 
11 clerk's possession or control and which contains the final 
12 satisfactory disposition which pertain to the person 
13 issued a citation for any of those offenses. 
14  (3) Exclusions. Except as otherwise provided in 
15 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) 
16 of this Section, the court shall not order:
17   (A) the sealing or expungement of the records of 
18 arrests or charges not initiated by arrest that result 
19 in an order of supervision for or conviction of: (i) 
20 any sexual offense committed against a minor; (ii) 
21 Section 11-501 of the Illinois Vehicle Code or a 
22 similar provision of a local ordinance; or (iii) 
23 Section 11-503 of the Illinois Vehicle Code or a 
24 similar provision of a local ordinance, unless the 
25 arrest or charge is for a misdemeanor violation of 
26 subsection (a) of Section 11-503 or a similar 
 
 
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1 provision of a local ordinance, that occurred prior to 
2 the offender reaching the age of 25 years and the 
3 offender has no other conviction for violating Section 
4 11-501 or 11-503 of the Illinois Vehicle Code or a 
5 similar provision of a local ordinance.
6   (B) the sealing or expungement of records of minor 
7 traffic offenses (as defined in subsection (a)(1)(G)), 
8 unless the petitioner was arrested and released 
9 without charging.
10   (C) the sealing of the records of arrests or 
11 charges not initiated by arrest which result in an 
12 order of supervision or a conviction for the following 
13 offenses:
14    (i) offenses included in Article 11 of the 
15 Criminal Code of 1961 or the Criminal Code of 2012 
16 or a similar provision of a local ordinance, 
17 except Section 11-14 and a misdemeanor violation 
18 of Section 11-30 of the Criminal Code of 1961 or 
19 the Criminal Code of 2012, or a similar provision 
20 of a local ordinance;
21    (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 
22 26-5, or 48-1 of the Criminal Code of 1961 or the 
23 Criminal Code of 2012, or a similar provision of a 
24 local ordinance;
25    (iii) Section 12-3.1 or 12-3.2 of the Criminal 
26 Code of 1961 or the Criminal Code of 2012, or 
 
 
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1 Section 125 of the Stalking No Contact Order Act, 
2 or Section 219 of the Civil No Contact Order Act, 
3 or a similar provision of a local ordinance;
4    (iv) Class A misdemeanors or felony offenses 
5 under the Humane Care for Animals Act; or
6    (v) any offense or attempted offense that 
7 would subject a person to registration under the 
8 Sex Offender Registration Act.
9   (D) (blank).
10 (b) Expungement.
11  (1) A petitioner may petition the circuit court to 
12 expunge the records of his or her arrests and charges not 
13 initiated by arrest when each arrest or charge not 
14 initiated by arrest sought to be expunged resulted in: (i) 
15 acquittal, dismissal, or the petitioner's release without 
16 charging, unless excluded by subsection (a)(3)(B); (ii) a 
17 conviction which was vacated or reversed, unless excluded 
18 by subsection (a)(3)(B); (iii) an order of supervision and 
19 such supervision was successfully completed by the 
20 petitioner, unless excluded by subsection (a)(3)(A) or 
21 (a)(3)(B); or (iv) an order of qualified probation (as 
22 defined in subsection (a)(1)(J)) and such probation was 
23 successfully completed by the petitioner.
24  (1.5) When a petitioner seeks to have a record of 
25 arrest expunged under this Section, and the offender has 
26 been convicted of a criminal offense, the State's Attorney 
 
 
SB3955- 31 -LRB103 40770 AWJ 73604 b


1 may object to the expungement on the grounds that the 
2 records contain specific relevant information aside from 
3 the mere fact of the arrest. 
4  (2) Time frame for filing a petition to expunge.
5   (A) When the arrest or charge not initiated by 
6 arrest sought to be expunged resulted in an acquittal, 
7 dismissal, the petitioner's release without charging, 
8 or the reversal or vacation of a conviction, there is 
9 no waiting period to petition for the expungement of 
10 such records.
11   (B) When the arrest or charge not initiated by 
12 arrest sought to be expunged resulted in an order of 
13 supervision, successfully completed by the petitioner, 
14 the following time frames will apply:
15    (i) Those arrests or charges that resulted in 
16 orders of supervision under Section 3-707, 3-708, 
17 3-710, or 5-401.3 of the Illinois Vehicle Code or 
18 a similar provision of a local ordinance, or under 
19 Section 11-1.50, 12-3.2, or 12-15 of the Criminal 
20 Code of 1961 or the Criminal Code of 2012, or a 
21 similar provision of a local ordinance, shall not 
22 be eligible for expungement until 5 years have 
23 passed following the satisfactory termination of 
24 the supervision.
25    (i-5) Those arrests or charges that resulted 
26 in orders of supervision for a misdemeanor 
 
 
SB3955- 32 -LRB103 40770 AWJ 73604 b


1 violation of subsection (a) of Section 11-503 of 
2 the Illinois Vehicle Code or a similar provision 
3 of a local ordinance, that occurred prior to the 
4 offender reaching the age of 25 years and the 
5 offender has no other conviction for violating 
6 Section 11-501 or 11-503 of the Illinois Vehicle 
7 Code or a similar provision of a local ordinance 
8 shall not be eligible for expungement until the 
9 petitioner has reached the age of 25 years. 
10    (ii) Those arrests or charges that resulted in 
11 orders of supervision for any other offenses shall 
12 not be eligible for expungement until 2 years have 
13 passed following the satisfactory termination of 
14 the supervision.
15   (C) When the arrest or charge not initiated by 
16 arrest sought to be expunged resulted in an order of 
17 qualified probation, successfully completed by the 
18 petitioner, such records shall not be eligible for 
19 expungement until 5 years have passed following the 
20 satisfactory termination of the probation.
21  (3) Those records maintained by the Illinois State 
22 Police for persons arrested prior to their 17th birthday 
23 shall be expunged as provided in Section 5-915 of the 
24 Juvenile Court Act of 1987.
25  (4) Whenever a person has been arrested for or 
26 convicted of any offense, in the name of a person whose 
 
 
SB3955- 33 -LRB103 40770 AWJ 73604 b


1 identity he or she has stolen or otherwise come into 
2 possession of, the aggrieved person from whom the identity 
3 was stolen or otherwise obtained without authorization, 
4 upon learning of the person having been arrested using his 
5 or her identity, may, upon verified petition to the chief 
6 judge of the circuit wherein the arrest was made, have a 
7 court order entered nunc pro tunc by the Chief Judge to 
8 correct the arrest record, conviction record, if any, and 
9 all official records of the arresting authority, the 
10 Illinois State Police, other criminal justice agencies, 
11 the prosecutor, and the trial court concerning such 
12 arrest, if any, by removing his or her name from all such 
13 records in connection with the arrest and conviction, if 
14 any, and by inserting in the records the name of the 
15 offender, if known or ascertainable, in lieu of the 
16 aggrieved's name. The records of the circuit court clerk 
17 shall be sealed until further order of the court upon good 
18 cause shown and the name of the aggrieved person 
19 obliterated on the official index required to be kept by 
20 the circuit court clerk under Section 16 of the Clerks of 
21 Courts Act, but the order shall not affect any index 
22 issued by the circuit court clerk before the entry of the 
23 order. Nothing in this Section shall limit the Illinois 
24 State Police or other criminal justice agencies or 
25 prosecutors from listing under an offender's name the 
26 false names he or she has used.
 
 
SB3955- 34 -LRB103 40770 AWJ 73604 b


1  (5) Whenever a person has been convicted of criminal 
2 sexual assault, aggravated criminal sexual assault, 
3 predatory criminal sexual assault of a child, criminal 
4 sexual abuse, or aggravated criminal sexual abuse, the 
5 victim of that offense may request that the State's 
6 Attorney of the county in which the conviction occurred 
7 file a verified petition with the presiding trial judge at 
8 the petitioner's trial to have a court order entered to 
9 seal the records of the circuit court clerk in connection 
10 with the proceedings of the trial court concerning that 
11 offense. However, the records of the arresting authority 
12 and the Illinois State Police concerning the offense shall 
13 not be sealed. The court, upon good cause shown, shall 
14 make the records of the circuit court clerk in connection 
15 with the proceedings of the trial court concerning the 
16 offense available for public inspection.
17  (6) If a conviction has been set aside on direct 
18 review or on collateral attack and the court determines by 
19 clear and convincing evidence that the petitioner was 
20 factually innocent of the charge, the court that finds the 
21 petitioner factually innocent of the charge shall enter an 
22 expungement order for the conviction for which the 
23 petitioner has been determined to be innocent as provided 
24 in subsection (b) of Section 5-5-4 of the Unified Code of 
25 Corrections.
26  (7) Nothing in this Section shall prevent the Illinois 
 
 
SB3955- 35 -LRB103 40770 AWJ 73604 b


1 State Police from maintaining all records of any person 
2 who is admitted to probation upon terms and conditions and 
3 who fulfills those terms and conditions pursuant to 
4 Section 10 of the Cannabis Control Act, Section 410 of the 
5 Illinois Controlled Substances Act, Section 70 of the 
6 Methamphetamine Control and Community Protection Act, 
7 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of 
8 Corrections, Section 12-4.3 or subdivision (b)(1) of 
9 Section 12-3.05 of the Criminal Code of 1961 or the 
10 Criminal Code of 2012, Section 10-102 of the Illinois 
11 Alcoholism and Other Drug Dependency Act, Section 40-10 of 
12 the Substance Use Disorder Act, or Section 10 of the 
13 Steroid Control Act.
14  (8) If the petitioner has been granted a certificate 
15 of innocence under Section 2-702 of the Code of Civil 
16 Procedure, the court that grants the certificate of 
17 innocence shall also enter an order expunging the 
18 conviction for which the petitioner has been determined to 
19 be innocent as provided in subsection (h) of Section 2-702 
20 of the Code of Civil Procedure.
21 (c) Sealing.
22  (1) Applicability. Notwithstanding any other provision 
23 of this Act to the contrary, and cumulative with any 
24 rights to expungement of criminal records, this subsection 
25 authorizes the sealing of criminal records of adults and 
26 of minors prosecuted as adults. Subsection (g) of this 
 
 
SB3955- 36 -LRB103 40770 AWJ 73604 b


1 Section provides for immediate sealing of certain records. 
2  (2) Eligible Records. The following records may be 
3 sealed:
4   (A) All arrests resulting in release without 
5 charging;
6   (B) Arrests or charges not initiated by arrest 
7 resulting in acquittal, dismissal, or conviction when 
8 the conviction was reversed or vacated, except as 
9 excluded by subsection (a)(3)(B);
10   (C) Arrests or charges not initiated by arrest 
11 resulting in orders of supervision, including orders 
12 of supervision for municipal ordinance violations, 
13 successfully completed by the petitioner, unless 
14 excluded by subsection (a)(3);
15   (D) Arrests or charges not initiated by arrest 
16 resulting in convictions, including convictions on 
17 municipal ordinance violations, unless excluded by 
18 subsection (a)(3);
19   (E) Arrests or charges not initiated by arrest 
20 resulting in orders of first offender probation under 
21 Section 10 of the Cannabis Control Act, Section 410 of 
22 the Illinois Controlled Substances Act, Section 70 of 
23 the Methamphetamine Control and Community Protection 
24 Act, or Section 5-6-3.3 of the Unified Code of 
25 Corrections; and
26   (F) Arrests or charges not initiated by arrest 
 
 
SB3955- 37 -LRB103 40770 AWJ 73604 b


1 resulting in felony convictions unless otherwise 
2 excluded by subsection (a) paragraph (3) of this 
3 Section.
4  (3) When Records Are Eligible to Be Sealed. Records 
5 identified as eligible under subsection (c)(2) may be 
6 sealed as follows:
7   (A) Records identified as eligible under 
8 subsections (c)(2)(A) and (c)(2)(B) may be sealed at 
9 any time.
10   (B) Except as otherwise provided in subparagraph 
11 (E) of this paragraph (3), records identified as 
12 eligible under subsection (c)(2)(C) may be sealed 2 
13 years after the termination of petitioner's last 
14 sentence (as defined in subsection (a)(1)(F)).
15   (C) Except as otherwise provided in subparagraph 
16 (E) of this paragraph (3), records identified as 
17 eligible under subsections (c)(2)(D), (c)(2)(E), and 
18 (c)(2)(F) may be sealed 3 years after the termination 
19 of the petitioner's last sentence (as defined in 
20 subsection (a)(1)(F)). Convictions requiring public 
21 registration under the Arsonist Registration Act, the 
22 Sex Offender Registration Act, or the Murderer and 
23 Violent Offender Against Youth Registration Act may 
24 not be sealed until the petitioner is no longer 
25 required to register under that relevant Act.
26   (D) Records identified in subsection 
 
 
SB3955- 38 -LRB103 40770 AWJ 73604 b


1 (a)(3)(A)(iii) may be sealed after the petitioner has 
2 reached the age of 25 years. 
3   (E) Records identified as eligible under 
4 subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or 
5 (c)(2)(F) may be sealed upon termination of the 
6 petitioner's last sentence if the petitioner earned a 
7 high school diploma, associate's degree, career 
8 certificate, vocational technical certification, or 
9 bachelor's degree, or passed the high school level 
10 Test of General Educational Development, during the 
11 period of his or her sentence or mandatory supervised 
12 release. This subparagraph shall apply only to a 
13 petitioner who has not completed the same educational 
14 goal prior to the period of his or her sentence or 
15 mandatory supervised release. If a petition for 
16 sealing eligible records filed under this subparagraph 
17 is denied by the court, the time periods under 
18 subparagraph (B) or (C) shall apply to any subsequent 
19 petition for sealing filed by the petitioner.
20  (4) Subsequent felony convictions. A person may not 
21 have subsequent felony conviction records sealed as 
22 provided in this subsection (c) if he or she is convicted 
23 of any felony offense after the date of the sealing of 
24 prior felony convictions as provided in this subsection 
25 (c). The court may, upon conviction for a subsequent 
26 felony offense, order the unsealing of prior felony 
 
 
SB3955- 39 -LRB103 40770 AWJ 73604 b


1 conviction records previously ordered sealed by the court.
2  (5) Notice of eligibility for sealing. Upon entry of a 
3 disposition for an eligible record under this subsection 
4 (c), the petitioner shall be informed by the court of the 
5 right to have the records sealed and the procedures for 
6 the sealing of the records.
7 (d) Procedure. The following procedures apply to 
8expungement under subsections (b), (e), and (e-6) and sealing 
9under subsections (c), and (e-5), and, as specified in this 
10Section, (g):
11  (1) Filing the petition. Upon becoming eligible to 
12 petition for the expungement or sealing of records under 
13 this Section, the petitioner shall file a petition 
14 requesting the expungement or sealing of records with the 
15 clerk of the court where the arrests occurred or the 
16 charges were brought, or both. If arrests occurred or 
17 charges were brought in multiple jurisdictions, a petition 
18 must be filed in each such jurisdiction. The petitioner 
19 shall pay the applicable fee, except no fee shall be 
20 required if the petitioner has obtained a court order 
21 waiving fees under Supreme Court Rule 298 or it is 
22 otherwise waived.
23  (1.5) County fee waiver pilot program. From August 9, 
24 2019 (the effective date of Public Act 101-306) through 
25 December 31, 2020, in a county of 3,000,000 or more 
26 inhabitants, no fee shall be required to be paid by a 
 
 
SB3955- 40 -LRB103 40770 AWJ 73604 b


1 petitioner if the records sought to be expunged or sealed 
2 were arrests resulting in release without charging or 
3 arrests or charges not initiated by arrest resulting in 
4 acquittal, dismissal, or conviction when the conviction 
5 was reversed or vacated, unless excluded by subsection 
6 (a)(3)(B). The provisions of this paragraph (1.5), other 
7 than this sentence, are inoperative on and after January 
8 1, 2022. 
9  (2) Contents of petition. The petition shall be 
10 verified and shall contain the petitioner's name, date of 
11 birth, current address and, for each arrest or charge not 
12 initiated by arrest sought to be sealed or expunged, the 
13 case number, the date of arrest (if any), the identity of 
14 the arresting authority, and such other information as the 
15 court may require. During the pendency of the proceeding, 
16 the petitioner shall promptly notify the circuit court 
17 clerk of any change of his or her address. If the 
18 petitioner has received a certificate of eligibility for 
19 sealing from the Prisoner Review Board under paragraph 
20 (10) of subsection (a) of Section 3-3-2 of the Unified 
21 Code of Corrections, the certificate shall be attached to 
22 the petition.
23  (3) Drug test. The petitioner must attach to the 
24 petition proof that the petitioner has taken within 30 
25 days before the filing of the petition a test showing the 
26 absence within his or her body of all illegal substances 
 
 
SB3955- 41 -LRB103 40770 AWJ 73604 b


1 as defined by the Illinois Controlled Substances Act and 
2 the Methamphetamine Control and Community Protection Act 
3 if he or she is petitioning to:
4   (A) seal felony records under clause (c)(2)(E);
5   (B) seal felony records for a violation of the 
6 Illinois Controlled Substances Act, the 
7 Methamphetamine Control and Community Protection Act, 
8 or the Cannabis Control Act under clause (c)(2)(F);
9   (C) seal felony records under subsection (e-5); or 
10   (D) expunge felony records of a qualified 
11 probation under clause (b)(1)(iv).
12  (4) Service of petition. The circuit court clerk shall 
13 promptly serve a copy of the petition and documentation to 
14 support the petition under subsection (e-5) or (e-6) on 
15 the State's Attorney or prosecutor charged with the duty 
16 of prosecuting the offense, the Illinois State Police, the 
17 arresting agency and the chief legal officer of the unit 
18 of local government effecting the arrest.
19  (5) Objections.
20   (A) Any party entitled to notice of the petition 
21 may file an objection to the petition. All objections 
22 shall be in writing, shall be filed with the circuit 
23 court clerk, and shall state with specificity the 
24 basis of the objection. Whenever a person who has been 
25 convicted of an offense is granted a pardon by the 
26 Governor which specifically authorizes expungement, an 
 
 
SB3955- 42 -LRB103 40770 AWJ 73604 b


1 objection to the petition may not be filed.
2   (B) Objections to a petition to expunge or seal 
3 must be filed within 60 days of the date of service of 
4 the petition.
5  (6) Entry of order.
6   (A) The Chief Judge of the circuit wherein the 
7 charge was brought, any judge of that circuit 
8 designated by the Chief Judge, or in counties of less 
9 than 3,000,000 inhabitants, the presiding trial judge 
10 at the petitioner's trial, if any, shall rule on the 
11 petition to expunge or seal as set forth in this 
12 subsection (d)(6).
13   (B) Unless the State's Attorney or prosecutor, the 
14 Illinois State Police, the arresting agency, or the 
15 chief legal officer files an objection to the petition 
16 to expunge or seal within 60 days from the date of 
17 service of the petition, the court shall enter an 
18 order granting or denying the petition.
19   (C) Notwithstanding any other provision of law, 
20 the court shall not deny a petition for sealing under 
21 this Section because the petitioner has not satisfied 
22 an outstanding legal financial obligation established, 
23 imposed, or originated by a court, law enforcement 
24 agency, or a municipal, State, county, or other unit 
25 of local government, including, but not limited to, 
26 any cost, assessment, fine, or fee. An outstanding 
 
 
SB3955- 43 -LRB103 40770 AWJ 73604 b


1 legal financial obligation does not include any court 
2 ordered restitution to a victim under Section 5-5-6 of 
3 the Unified Code of Corrections, unless the 
4 restitution has been converted to a civil judgment. 
5 Nothing in this subparagraph (C) waives, rescinds, or 
6 abrogates a legal financial obligation or otherwise 
7 eliminates or affects the right of the holder of any 
8 financial obligation to pursue collection under 
9 applicable federal, State, or local law. 
10   (D) Notwithstanding any other provision of law, 
11 the court shall not deny a petition to expunge or seal 
12 under this Section because the petitioner has 
13 submitted a drug test taken within 30 days before the 
14 filing of the petition to expunge or seal that 
15 indicates a positive test for the presence of cannabis 
16 within the petitioner's body. In this subparagraph 
17 (D), "cannabis" has the meaning ascribed to it in 
18 Section 3 of the Cannabis Control Act. 
19  (7) Hearings. If an objection is filed, the court 
20 shall set a date for a hearing and notify the petitioner 
21 and all parties entitled to notice of the petition of the 
22 hearing date at least 30 days prior to the hearing. Prior 
23 to the hearing, the State's Attorney shall consult with 
24 the Illinois State Police as to the appropriateness of the 
25 relief sought in the petition to expunge or seal. At the 
26 hearing, the court shall hear evidence on whether the 
 
 
SB3955- 44 -LRB103 40770 AWJ 73604 b


1 petition should or should not be granted, and shall grant 
2 or deny the petition to expunge or seal the records based 
3 on the evidence presented at the hearing. The court may 
4 consider the following:
5   (A) the strength of the evidence supporting the 
6 defendant's conviction; 
7   (B) the reasons for retention of the conviction 
8 records by the State; 
9   (C) the petitioner's age, criminal record history, 
10 and employment history; 
11   (D) the period of time between the petitioner's 
12 arrest on the charge resulting in the conviction and 
13 the filing of the petition under this Section; and 
14   (E) the specific adverse consequences the 
15 petitioner may be subject to if the petition is 
16 denied. 
17  (8) Service of order. After entering an order to 
18 expunge or seal records, the court must provide copies of 
19 the order to the Illinois State Police, in a form and 
20 manner prescribed by the Illinois State Police, to the 
21 petitioner, to the State's Attorney or prosecutor charged 
22 with the duty of prosecuting the offense, to the arresting 
23 agency, to the chief legal officer of the unit of local 
24 government effecting the arrest, and to such other 
25 criminal justice agencies as may be ordered by the court.
26  (9) Implementation of order.
 
 
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1   (A) Upon entry of an order to expunge records 
2 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or 
3 both:
4    (i) the records shall be expunged (as defined 
5 in subsection (a)(1)(E)) by the arresting agency, 
6 the Illinois State Police, and any other agency as 
7 ordered by the court, within 60 days of the date of 
8 service of the order, unless a motion to vacate, 
9 modify, or reconsider the order is filed pursuant 
10 to paragraph (12) of subsection (d) of this 
11 Section;
12    (ii) the records of the circuit court clerk 
13 shall be impounded until further order of the 
14 court upon good cause shown and the name of the 
15 petitioner obliterated on the official index 
16 required to be kept by the circuit court clerk 
17 under Section 16 of the Clerks of Courts Act, but 
18 the order shall not affect any index issued by the 
19 circuit court clerk before the entry of the order; 
20 and
21    (iii) in response to an inquiry for expunged 
22 records, the court, the Illinois State Police, or 
23 the agency receiving such inquiry, shall reply as 
24 it does in response to inquiries when no records 
25 ever existed.
26   (B) Upon entry of an order to expunge records 
 
 
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1 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or 
2 both:
3    (i) the records shall be expunged (as defined 
4 in subsection (a)(1)(E)) by the arresting agency 
5 and any other agency as ordered by the court, 
6 within 60 days of the date of service of the order, 
7 unless a motion to vacate, modify, or reconsider 
8 the order is filed pursuant to paragraph (12) of 
9 subsection (d) of this Section;
10    (ii) the records of the circuit court clerk 
11 shall be impounded until further order of the 
12 court upon good cause shown and the name of the 
13 petitioner obliterated on the official index 
14 required to be kept by the circuit court clerk 
15 under Section 16 of the Clerks of Courts Act, but 
16 the order shall not affect any index issued by the 
17 circuit court clerk before the entry of the order;
18    (iii) the records shall be impounded by the 
19 Illinois State Police within 60 days of the date 
20 of service of the order as ordered by the court, 
21 unless a motion to vacate, modify, or reconsider 
22 the order is filed pursuant to paragraph (12) of 
23 subsection (d) of this Section;
24    (iv) records impounded by the Illinois State 
25 Police may be disseminated by the Illinois State 
26 Police only as required by law or to the arresting 
 
 
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1 authority, the State's Attorney, and the court 
2 upon a later arrest for the same or a similar 
3 offense or for the purpose of sentencing for any 
4 subsequent felony, and to the Department of 
5 Corrections upon conviction for any offense; and
6    (v) in response to an inquiry for such records 
7 from anyone not authorized by law to access such 
8 records, the court, the Illinois State Police, or 
9 the agency receiving such inquiry shall reply as 
10 it does in response to inquiries when no records 
11 ever existed.
12   (B-5) Upon entry of an order to expunge records 
13 under subsection (e-6):
14    (i) the records shall be expunged (as defined 
15 in subsection (a)(1)(E)) by the arresting agency 
16 and any other agency as ordered by the court, 
17 within 60 days of the date of service of the order, 
18 unless a motion to vacate, modify, or reconsider 
19 the order is filed under paragraph (12) of 
20 subsection (d) of this Section;
21    (ii) the records of the circuit court clerk 
22 shall be impounded until further order of the 
23 court upon good cause shown and the name of the 
24 petitioner obliterated on the official index 
25 required to be kept by the circuit court clerk 
26 under Section 16 of the Clerks of Courts Act, but 
 
 
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1 the order shall not affect any index issued by the 
2 circuit court clerk before the entry of the order;
3    (iii) the records shall be impounded by the 
4 Illinois State Police within 60 days of the date 
5 of service of the order as ordered by the court, 
6 unless a motion to vacate, modify, or reconsider 
7 the order is filed under paragraph (12) of 
8 subsection (d) of this Section;
9    (iv) records impounded by the Illinois State 
10 Police may be disseminated by the Illinois State 
11 Police only as required by law or to the arresting 
12 authority, the State's Attorney, and the court 
13 upon a later arrest for the same or a similar 
14 offense or for the purpose of sentencing for any 
15 subsequent felony, and to the Department of 
16 Corrections upon conviction for any offense; and
17    (v) in response to an inquiry for these 
18 records from anyone not authorized by law to 
19 access the records, the court, the Illinois State 
20 Police, or the agency receiving the inquiry shall 
21 reply as it does in response to inquiries when no 
22 records ever existed. 
23   (C) Upon entry of an order to seal records under 
24 subsection (c), the arresting agency, any other agency 
25 as ordered by the court, the Illinois State Police, 
26 and the court shall seal the records (as defined in 
 
 
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1 subsection (a)(1)(K)). In response to an inquiry for 
2 such records, from anyone not authorized by law to 
3 access such records, the court, the Illinois State 
4 Police, or the agency receiving such inquiry shall 
5 reply as it does in response to inquiries when no 
6 records ever existed.
7   (D) The Illinois State Police shall send written 
8 notice to the petitioner of its compliance with each 
9 order to expunge or seal records within 60 days of the 
10 date of service of that order or, if a motion to 
11 vacate, modify, or reconsider is filed, within 60 days 
12 of service of the order resolving the motion, if that 
13 order requires the Illinois State Police to expunge or 
14 seal records. In the event of an appeal from the 
15 circuit court order, the Illinois State Police shall 
16 send written notice to the petitioner of its 
17 compliance with an Appellate Court or Supreme Court 
18 judgment to expunge or seal records within 60 days of 
19 the issuance of the court's mandate. The notice is not 
20 required while any motion to vacate, modify, or 
21 reconsider, or any appeal or petition for 
22 discretionary appellate review, is pending. 
23   (E) Upon motion, the court may order that a sealed 
24 judgment or other court record necessary to 
25 demonstrate the amount of any legal financial 
26 obligation due and owing be made available for the 
 
 
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1 limited purpose of collecting any legal financial 
2 obligations owed by the petitioner that were 
3 established, imposed, or originated in the criminal 
4 proceeding for which those records have been sealed. 
5 The records made available under this subparagraph (E) 
6 shall not be entered into the official index required 
7 to be kept by the circuit court clerk under Section 16 
8 of the Clerks of Courts Act and shall be immediately 
9 re-impounded upon the collection of the outstanding 
10 financial obligations. 
11   (F) Notwithstanding any other provision of this 
12 Section, a circuit court clerk may access a sealed 
13 record for the limited purpose of collecting payment 
14 for any legal financial obligations that were 
15 established, imposed, or originated in the criminal 
16 proceedings for which those records have been sealed. 
17  (10) Fees. The Illinois State Police may charge the 
18 petitioner a fee equivalent to the cost of processing any 
19 order to expunge or seal records. Notwithstanding any 
20 provision of the Clerks of Courts Act to the contrary, the 
21 circuit court clerk may charge a fee equivalent to the 
22 cost associated with the sealing or expungement of records 
23 by the circuit court clerk. From the total filing fee 
24 collected for the petition to seal or expunge, the circuit 
25 court clerk shall deposit $10 into the Circuit Court Clerk 
26 Operation and Administrative Fund, to be used to offset 
 
 
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1 the costs incurred by the circuit court clerk in 
2 performing the additional duties required to serve the 
3 petition to seal or expunge on all parties. The circuit 
4 court clerk shall collect and remit the Illinois State 
5 Police portion of the fee to the State Treasurer and it 
6 shall be deposited in the State Police Services Fund. If 
7 the record brought under an expungement petition was 
8 previously sealed under this Section, the fee for the 
9 expungement petition for that same record shall be waived. 
10  (11) Final Order. No court order issued under the 
11 expungement or sealing provisions of this Section shall 
12 become final for purposes of appeal until 30 days after 
13 service of the order on the petitioner and all parties 
14 entitled to notice of the petition.
15  (12) Motion to Vacate, Modify, or Reconsider. Under 
16 Section 2-1203 of the Code of Civil Procedure, the 
17 petitioner or any party entitled to notice may file a 
18 motion to vacate, modify, or reconsider the order granting 
19 or denying the petition to expunge or seal within 60 days 
20 of service of the order. If filed more than 60 days after 
21 service of the order, a petition to vacate, modify, or 
22 reconsider shall comply with subsection (c) of Section 
23 2-1401 of the Code of Civil Procedure. Upon filing of a 
24 motion to vacate, modify, or reconsider, notice of the 
25 motion shall be served upon the petitioner and all parties 
26 entitled to notice of the petition. 
 
 
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1  (13) Effect of Order. An order granting a petition 
2 under the expungement or sealing provisions of this 
3 Section shall not be considered void because it fails to 
4 comply with the provisions of this Section or because of 
5 any error asserted in a motion to vacate, modify, or 
6 reconsider. The circuit court retains jurisdiction to 
7 determine whether the order is voidable and to vacate, 
8 modify, or reconsider its terms based on a motion filed 
9 under paragraph (12) of this subsection (d).
10  (14) Compliance with Order Granting Petition to Seal 
11 Records. Unless a court has entered a stay of an order 
12 granting a petition to seal, all parties entitled to 
13 notice of the petition must fully comply with the terms of 
14 the order within 60 days of service of the order even if a 
15 party is seeking relief from the order through a motion 
16 filed under paragraph (12) of this subsection (d) or is 
17 appealing the order.
18  (15) Compliance with Order Granting Petition to 
19 Expunge Records. While a party is seeking relief from the 
20 order granting the petition to expunge through a motion 
21 filed under paragraph (12) of this subsection (d) or is 
22 appealing the order, and unless a court has entered a stay 
23 of that order, the parties entitled to notice of the 
24 petition must seal, but need not expunge, the records 
25 until there is a final order on the motion for relief or, 
26 in the case of an appeal, the issuance of that court's 
 
 
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1 mandate.
2  (16) The changes to this subsection (d) made by Public 
3 Act 98-163 apply to all petitions pending on August 5, 
4 2013 (the effective date of Public Act 98-163) and to all 
5 orders ruling on a petition to expunge or seal on or after 
6 August 5, 2013 (the effective date of Public Act 98-163). 
7 (e) Whenever a person who has been convicted of an offense 
8is granted a pardon by the Governor which specifically 
9authorizes expungement, he or she may, upon verified petition 
10to the Chief Judge of the circuit where the person had been 
11convicted, any judge of the circuit designated by the Chief 
12Judge, or in counties of less than 3,000,000 inhabitants, the 
13presiding trial judge at the defendant's trial, have a court 
14order entered expunging the record of arrest from the official 
15records of the arresting authority and order that the records 
16of the circuit court clerk and the Illinois State Police be 
17sealed until further order of the court upon good cause shown 
18or as otherwise provided herein, and the name of the defendant 
19obliterated from the official index requested to be kept by 
20the circuit court clerk under Section 16 of the Clerks of 
21Courts Act in connection with the arrest and conviction for 
22the offense for which he or she had been pardoned but the order 
23shall not affect any index issued by the circuit court clerk 
24before the entry of the order. All records sealed by the 
25Illinois State Police may be disseminated by the Illinois 
26State Police only to the arresting authority, the State's 
 
 
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1Attorney, and the court upon a later arrest for the same or 
2similar offense or for the purpose of sentencing for any 
3subsequent felony. Upon conviction for any subsequent offense, 
4the Department of Corrections shall have access to all sealed 
5records of the Illinois State Police pertaining to that 
6individual. Upon entry of the order of expungement, the 
7circuit court clerk shall promptly mail a copy of the order to 
8the person who was pardoned.
9 (e-5) Whenever a person who has been convicted of an 
10offense is granted a certificate of eligibility for sealing by 
11the Prisoner Review Board which specifically authorizes 
12sealing, he or she may, upon verified petition to the Chief 
13Judge of the circuit where the person had been convicted, any 
14judge of the circuit designated by the Chief Judge, or in 
15counties of less than 3,000,000 inhabitants, the presiding 
16trial judge at the petitioner's trial, have a court order 
17entered sealing the record of arrest from the official records 
18of the arresting authority and order that the records of the 
19circuit court clerk and the Illinois State Police be sealed 
20until further order of the court upon good cause shown or as 
21otherwise provided herein, and the name of the petitioner 
22obliterated from the official index requested to be kept by 
23the circuit court clerk under Section 16 of the Clerks of 
24Courts Act in connection with the arrest and conviction for 
25the offense for which he or she had been granted the 
26certificate but the order shall not affect any index issued by 
 
 
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1the circuit court clerk before the entry of the order. All 
2records sealed by the Illinois State Police may be 
3disseminated by the Illinois State Police only as required by 
4this Act or to the arresting authority, a law enforcement 
5agency, the State's Attorney, and the court upon a later 
6arrest for the same or similar offense or for the purpose of 
7sentencing for any subsequent felony. Upon conviction for any 
8subsequent offense, the Department of Corrections shall have 
9access to all sealed records of the Illinois State Police 
10pertaining to that individual. Upon entry of the order of 
11sealing, the circuit court clerk shall promptly mail a copy of 
12the order to the person who was granted the certificate of 
13eligibility for sealing. 
14 (e-6) Whenever a person who has been convicted of an 
15offense is granted a certificate of eligibility for 
16expungement by the Prisoner Review Board which specifically 
17authorizes expungement, he or she may, upon verified petition 
18to the Chief Judge of the circuit where the person had been 
19convicted, any judge of the circuit designated by the Chief 
20Judge, or in counties of less than 3,000,000 inhabitants, the 
21presiding trial judge at the petitioner's trial, have a court 
22order entered expunging the record of arrest from the official 
23records of the arresting authority and order that the records 
24of the circuit court clerk and the Illinois State Police be 
25sealed until further order of the court upon good cause shown 
26or as otherwise provided herein, and the name of the 
 
 
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1petitioner obliterated from the official index requested to be 
2kept by the circuit court clerk under Section 16 of the Clerks 
3of Courts Act in connection with the arrest and conviction for 
4the offense for which he or she had been granted the 
5certificate but the order shall not affect any index issued by 
6the circuit court clerk before the entry of the order. All 
7records sealed by the Illinois State Police may be 
8disseminated by the Illinois State Police only as required by 
9this Act or to the arresting authority, a law enforcement 
10agency, the State's Attorney, and the court upon a later 
11arrest for the same or similar offense or for the purpose of 
12sentencing for any subsequent felony. Upon conviction for any 
13subsequent offense, the Department of Corrections shall have 
14access to all expunged records of the Illinois State Police 
15pertaining to that individual. Upon entry of the order of 
16expungement, the circuit court clerk shall promptly mail a 
17copy of the order to the person who was granted the certificate 
18of eligibility for expungement. 
19 (f) Subject to available funding, the Illinois Department 
20of Corrections shall conduct a study of the impact of sealing, 
21especially on employment and recidivism rates, utilizing a 
22random sample of those who apply for the sealing of their 
23criminal records under Public Act 93-211. At the request of 
24the Illinois Department of Corrections, records of the 
25Illinois Department of Employment Security shall be utilized 
26as appropriate to assist in the study. The study shall not 
 
 
SB3955- 57 -LRB103 40770 AWJ 73604 b


1disclose any data in a manner that would allow the 
2identification of any particular individual or employing unit. 
3The study shall be made available to the General Assembly no 
4later than September 1, 2010.
5 (g) Immediate Sealing.
6  (1) Applicability. Notwithstanding any other provision 
7 of this Act to the contrary, and cumulative with any 
8 rights to expungement or sealing of criminal records, this 
9 subsection authorizes the immediate sealing of criminal 
10 records of adults and of minors prosecuted as adults.
11  (2) Eligible Records. 
12   (A) Arrests or charges not initiated by arrest 
13 resulting in acquittal or dismissal with prejudice, 
14 except as excluded by subsection (a)(3)(B), that occur 
15 on or after January 1, 2018 (the effective date of 
16 Public Act 100-282), may be sealed immediately if the 
17 petition is filed with the circuit court clerk on the 
18 same day and during the same hearing in which the case 
19 is disposed.
20   (B) Records that contain redacted reproductive 
21 health care or gender-affirming care information under 
22 Section 107-17 of the Code of Criminal Procedure of 
23 1963. 
24  (3) When Records are Eligible to be Immediately 
25 Sealed. Eligible records under paragraph (2) of this 
26 subsection (g) may be sealed immediately after entry of 
 
 
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1 the final disposition of a case, notwithstanding the 
2 disposition of other charges in the same case.
3  (4) Notice of Eligibility for Immediate Sealing. Upon 
4 entry of a disposition for an eligible record under 
5 subparagraph (A) of paragraph (2) of this subsection (g), 
6 the defendant shall be informed by the court of his or her 
7 right to have eligible records immediately sealed and the 
8 procedure for the immediate sealing of these records.
9  (5) Procedure. The following procedures apply to 
10 immediate sealing under this subsection (g).
11   (A) Filing the Petition. For eligible records 
12 under subparagraph (A) of paragraph (2) of this 
13 subsection (g), upon Upon entry of the final 
14 disposition of the case, the defendant's attorney may 
15 immediately petition the court, on behalf of the 
16 defendant, for immediate sealing of eligible records 
17 under paragraph (2) of this subsection (g) that are 
18 entered on or after January 1, 2018 (the effective 
19 date of Public Act 100-282). The immediate sealing 
20 petition may be filed with the circuit court clerk 
21 during the hearing in which the final disposition of 
22 the case is entered. If the defendant's attorney does 
23 not file the petition for immediate sealing during the 
24 hearing, the defendant may file a petition for sealing 
25 at any time as authorized under subsection (c)(3)(A).
26   (B) Contents of Petition. For eligible records 
 
 
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1 under subparagraph (A) of paragraph (2) of this 
2 subsection (g), the The immediate sealing petition 
3 shall be verified and shall contain the petitioner's 
4 name, date of birth, current address, and for each 
5 eligible record, the case number, the date of arrest 
6 if applicable, the identity of the arresting authority 
7 if applicable, and other information as the court may 
8 require.
9   (C) Drug Test. The defendant receiving a sealed 
10 record under subparagraph (B) of paragraph (2) of this 
11 subsection (g) or a petitioner shall not be required 
12 to attach proof that he or she has passed a drug test.
13   (D) Service of Petition. For eligible records 
14 under subparagraph (A) of paragraph (2) of this 
15 subsection (g), a A copy of the petition shall be 
16 served on the State's Attorney in open court. The 
17 petitioner shall not be required to serve a copy of the 
18 petition on any other agency.
19   (E) Entry of Order. The presiding trial judge 
20 shall enter an order granting or denying the petition 
21 for immediate sealing under subparagraph (A) of 
22 paragraph (2) of this subsection (g) during the 
23 hearing in which it is filed. Petitions for immediate 
24 sealing shall be ruled on in the same hearing in which 
25 the final disposition of the case is entered. For 
26 eligible records being sealed under subparagraph (B) 
 
 
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1 of paragraph (2) of this subsection (g), the presiding 
2 trial judge shall enter an order for immediate sealing 
3 upon entry of a disposition for an eligible record. 
4   (F) Hearings. For eligible records under 
5 subparagraph (A) of paragraph (2) of this subsection 
6 (g), the The court shall hear the petition for 
7 immediate sealing on the same day and during the same 
8 hearing in which the disposition is rendered.
9   (G) Service of Order. An order to immediately seal 
10 eligible records shall be served in conformance with 
11 subsection (d)(8).
12   (H) Implementation of Order. An order to 
13 immediately seal records shall be implemented in 
14 conformance with subsections (d)(9)(C) and (d)(9)(D).
15   (I) Fees. The fee imposed by the circuit court 
16 clerk and the Illinois State Police shall comply with 
17 paragraph (1) of subsection (d) of this Section.
18   (J) Final Order. No court order issued under this 
19 subsection (g) shall become final for purposes of 
20 appeal until 30 days after service of the order on the 
21 petitioner and all parties entitled to service of the 
22 order in conformance with subsection (d)(8).
23   (K) Motion to Vacate, Modify, or Reconsider. Under 
24 Section 2-1203 of the Code of Civil Procedure, the 
25 petitioner, State's Attorney, or the Illinois State 
26 Police may file a motion to vacate, modify, or 
 
 
SB3955- 61 -LRB103 40770 AWJ 73604 b


1 reconsider the order denying the petition to 
2 immediately seal within 60 days of service of the 
3 order. If filed more than 60 days after service of the 
4 order, a petition to vacate, modify, or reconsider 
5 shall comply with subsection (c) of Section 2-1401 of 
6 the Code of Civil Procedure.
7   (L) Effect of Order. An order granting an 
8 immediate sealing petition shall not be considered 
9 void because it fails to comply with the provisions of 
10 this Section or because of an error asserted in a 
11 motion to vacate, modify, or reconsider. The circuit 
12 court retains jurisdiction to determine whether the 
13 order is voidable, and to vacate, modify, or 
14 reconsider its terms based on a motion filed under 
15 subparagraph (L) of this subsection (g).
16   (M) Compliance with Order Granting Petition to 
17 Seal Records. Unless a court has entered a stay of an 
18 order granting a petition to immediately seal, all 
19 parties entitled to service of the order must fully 
20 comply with the terms of the order within 60 days of 
21 service of the order. 
22 (h) Sealing or vacation and expungement of trafficking 
23victims' crimes.
24  (1) A trafficking victim, as defined by paragraph (10) 
25 of subsection (a) of Section 10-9 of the Criminal Code of 
26 2012, may petition for vacation and expungement or 
 
 
SB3955- 62 -LRB103 40770 AWJ 73604 b


1 immediate sealing of his or her criminal record upon the 
2 completion of his or her last sentence if his or her 
3 participation in the underlying offense was a result of 
4 human trafficking under Section 10-9 of the Criminal Code 
5 of 2012 or a severe form of trafficking under the federal 
6 Trafficking Victims Protection Act. 
7  (1.5) A petition under paragraph (1) shall be 
8 prepared, signed, and filed in accordance with Supreme 
9 Court Rule 9. The court may allow the petitioner to attend 
10 any required hearing remotely in accordance with local 
11 rules. The court may allow a petition to be filed under 
12 seal if the public filing of the petition would constitute 
13 a risk of harm to the petitioner.
14  (2) A petitioner under this subsection (h), in 
15 addition to the requirements provided under paragraph (4) 
16 of subsection (d) of this Section, shall include in his or 
17 her petition a clear and concise statement that: (A) he or 
18 she was a victim of human trafficking at the time of the 
19 offense; and (B) that his or her participation in the 
20 offense was a result of human trafficking under Section 
21 10-9 of the Criminal Code of 2012 or a severe form of 
22 trafficking under the federal Trafficking Victims 
23 Protection Act. 
24  (3) If an objection is filed alleging that the 
25 petitioner is not entitled to vacation and expungement or 
26 immediate sealing under this subsection (h), the court 
 
 
SB3955- 63 -LRB103 40770 AWJ 73604 b


1 shall conduct a hearing under paragraph (7) of subsection 
2 (d) of this Section and the court shall determine whether 
3 the petitioner is entitled to vacation and expungement or 
4 immediate sealing under this subsection (h). A petitioner 
5 is eligible for vacation and expungement or immediate 
6 relief under this subsection (h) if he or she shows, by a 
7 preponderance of the evidence, that: (A) he or she was a 
8 victim of human trafficking at the time of the offense; 
9 and (B) that his or her participation in the offense was a 
10 result of human trafficking under Section 10-9 of the 
11 Criminal Code of 2012 or a severe form of trafficking 
12 under the federal Trafficking Victims Protection Act.
13 (i) Minor Cannabis Offenses under the Cannabis Control 
14Act.
15  (1) Expungement of Arrest Records of Minor Cannabis 
16 Offenses.
17   (A) The Illinois State Police and all law 
18 enforcement agencies within the State shall 
19 automatically expunge all criminal history records of 
20 an arrest, charge not initiated by arrest, order of 
21 supervision, or order of qualified probation for a 
22 Minor Cannabis Offense committed prior to June 25, 
23 2019 (the effective date of Public Act 101-27) if:
24    (i) One year or more has elapsed since the 
25 date of the arrest or law enforcement interaction 
26 documented in the records; and
 
 
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1    (ii) No criminal charges were filed relating 
2 to the arrest or law enforcement interaction or 
3 criminal charges were filed and subsequently 
4 dismissed or vacated or the arrestee was 
5 acquitted.
6   (B) If the law enforcement agency is unable to 
7 verify satisfaction of condition (ii) in paragraph 
8 (A), records that satisfy condition (i) in paragraph 
9 (A) shall be automatically expunged.
10   (C) Records shall be expunged by the law 
11 enforcement agency under the following timelines:
12    (i) Records created prior to June 25, 2019 
13 (the effective date of Public Act 101-27), but on 
14 or after January 1, 2013, shall be automatically 
15 expunged prior to January 1, 2021;
16    (ii) Records created prior to January 1, 2013, 
17 but on or after January 1, 2000, shall be 
18 automatically expunged prior to January 1, 2023;
19    (iii) Records created prior to January 1, 2000 
20 shall be automatically expunged prior to January 
21 1, 2025.
22   In response to an inquiry for expunged records, 
23 the law enforcement agency receiving such inquiry 
24 shall reply as it does in response to inquiries when no 
25 records ever existed; however, it shall provide a 
26 certificate of disposition or confirmation that the 
 
 
SB3955- 65 -LRB103 40770 AWJ 73604 b


1 record was expunged to the individual whose record was 
2 expunged if such a record exists. 
3   (D) Nothing in this Section shall be construed to 
4 restrict or modify an individual's right to have that 
5 individual's records expunged except as otherwise may 
6 be provided in this Act, or diminish or abrogate any 
7 rights or remedies otherwise available to the 
8 individual.
9  (2) Pardons Authorizing Expungement of Minor Cannabis 
10 Offenses.
11   (A) Upon June 25, 2019 (the effective date of 
12 Public Act 101-27), the Department of State Police 
13 shall review all criminal history record information 
14 and identify all records that meet all of the 
15 following criteria:
16    (i) one or more convictions for a Minor 
17 Cannabis Offense;
18    (ii) the conviction identified in paragraph 
19 (2)(A)(i) did not include a penalty enhancement 
20 under Section 7 of the Cannabis Control Act; and
21    (iii) the conviction identified in paragraph 
22 (2)(A)(i) is not associated with a conviction for 
23 a violent crime as defined in subsection (c) of 
24 Section 3 of the Rights of Crime Victims and 
25 Witnesses Act.
26   (B) Within 180 days after June 25, 2019 (the 
 
 
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1 effective date of Public Act 101-27), the Department 
2 of State Police shall notify the Prisoner Review Board 
3 of all such records that meet the criteria established 
4 in paragraph (2)(A).
5    (i) The Prisoner Review Board shall notify the 
6 State's Attorney of the county of conviction of 
7 each record identified by State Police in 
8 paragraph (2)(A) that is classified as a Class 4 
9 felony. The State's Attorney may provide a written 
10 objection to the Prisoner Review Board on the sole 
11 basis that the record identified does not meet the 
12 criteria established in paragraph (2)(A). Such an 
13 objection must be filed within 60 days or by such 
14 later date set by the Prisoner Review Board in the 
15 notice after the State's Attorney received notice 
16 from the Prisoner Review Board.
17    (ii) In response to a written objection from a 
18 State's Attorney, the Prisoner Review Board is 
19 authorized to conduct a non-public hearing to 
20 evaluate the information provided in the 
21 objection.
22    (iii) The Prisoner Review Board shall make a 
23 confidential and privileged recommendation to the 
24 Governor as to whether to grant a pardon 
25 authorizing expungement for each of the records 
26 identified by the Department of State Police as 
 
 
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1 described in paragraph (2)(A).
2   (C) If an individual has been granted a pardon 
3 authorizing expungement as described in this Section, 
4 the Prisoner Review Board, through the Attorney 
5 General, shall file a petition for expungement with 
6 the Chief Judge of the circuit or any judge of the 
7 circuit designated by the Chief Judge where the 
8 individual had been convicted. Such petition may 
9 include more than one individual. Whenever an 
10 individual who has been convicted of an offense is 
11 granted a pardon by the Governor that specifically 
12 authorizes expungement, an objection to the petition 
13 may not be filed. Petitions to expunge under this 
14 subsection (i) may include more than one individual. 
15 Within 90 days of the filing of such a petition, the 
16 court shall enter an order expunging the records of 
17 arrest from the official records of the arresting 
18 authority and order that the records of the circuit 
19 court clerk and the Illinois State Police be expunged 
20 and the name of the defendant obliterated from the 
21 official index requested to be kept by the circuit 
22 court clerk under Section 16 of the Clerks of Courts 
23 Act in connection with the arrest and conviction for 
24 the offense for which the individual had received a 
25 pardon but the order shall not affect any index issued 
26 by the circuit court clerk before the entry of the 
 
 
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1 order. Upon entry of the order of expungement, the 
2 circuit court clerk shall promptly provide a copy of 
3 the order and a certificate of disposition to the 
4 individual who was pardoned to the individual's last 
5 known address or by electronic means (if available) or 
6 otherwise make it available to the individual upon 
7 request.
8   (D) Nothing in this Section is intended to 
9 diminish or abrogate any rights or remedies otherwise 
10 available to the individual.
11  (3) Any individual may file a motion to vacate and 
12 expunge a conviction for a misdemeanor or Class 4 felony 
13 violation of Section 4 or Section 5 of the Cannabis 
14 Control Act. Motions to vacate and expunge under this 
15 subsection (i) may be filed with the circuit court, Chief 
16 Judge of a judicial circuit or any judge of the circuit 
17 designated by the Chief Judge. The circuit court clerk 
18 shall promptly serve a copy of the motion to vacate and 
19 expunge, and any supporting documentation, on the State's 
20 Attorney or prosecutor charged with the duty of 
21 prosecuting the offense. When considering such a motion to 
22 vacate and expunge, a court shall consider the following: 
23 the reasons to retain the records provided by law 
24 enforcement, the petitioner's age, the petitioner's age at 
25 the time of offense, the time since the conviction, and 
26 the specific adverse consequences if denied. An individual 
 
 
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1 may file such a petition after the completion of any 
2 non-financial sentence or non-financial condition imposed 
3 by the conviction. Within 60 days of the filing of such 
4 motion, a State's Attorney may file an objection to such a 
5 petition along with supporting evidence. If a motion to 
6 vacate and expunge is granted, the records shall be 
7 expunged in accordance with subparagraphs (d)(8) and 
8 (d)(9)(A) of this Section. An agency providing civil legal 
9 aid, as defined by Section 15 of the Public Interest 
10 Attorney Assistance Act, assisting individuals seeking to 
11 file a motion to vacate and expunge under this subsection 
12 may file motions to vacate and expunge with the Chief 
13 Judge of a judicial circuit or any judge of the circuit 
14 designated by the Chief Judge, and the motion may include 
15 more than one individual. Motions filed by an agency 
16 providing civil legal aid concerning more than one 
17 individual may be prepared, presented, and signed 
18 electronically.
19  (4) Any State's Attorney may file a motion to vacate 
20 and expunge a conviction for a misdemeanor or Class 4 
21 felony violation of Section 4 or Section 5 of the Cannabis 
22 Control Act. Motions to vacate and expunge under this 
23 subsection (i) may be filed with the circuit court, Chief 
24 Judge of a judicial circuit or any judge of the circuit 
25 designated by the Chief Judge, and may include more than 
26 one individual. Motions filed by a State's Attorney 
 
 
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1 concerning more than one individual may be prepared, 
2 presented, and signed electronically. When considering 
3 such a motion to vacate and expunge, a court shall 
4 consider the following: the reasons to retain the records 
5 provided by law enforcement, the individual's age, the 
6 individual's age at the time of offense, the time since 
7 the conviction, and the specific adverse consequences if 
8 denied. Upon entry of an order granting a motion to vacate 
9 and expunge records pursuant to this Section, the State's 
10 Attorney shall notify the Prisoner Review Board within 30 
11 days. Upon entry of the order of expungement, the circuit 
12 court clerk shall promptly provide a copy of the order and 
13 a certificate of disposition to the individual whose 
14 records will be expunged to the individual's last known 
15 address or by electronic means (if available) or otherwise 
16 make available to the individual upon request. If a motion 
17 to vacate and expunge is granted, the records shall be 
18 expunged in accordance with subparagraphs (d)(8) and 
19 (d)(9)(A) of this Section.
20  (5) In the public interest, the State's Attorney of a 
21 county has standing to file motions to vacate and expunge 
22 pursuant to this Section in the circuit court with 
23 jurisdiction over the underlying conviction.
24  (6) If a person is arrested for a Minor Cannabis 
25 Offense as defined in this Section before June 25, 2019 
26 (the effective date of Public Act 101-27) and the person's 
 
 
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1 case is still pending but a sentence has not been imposed, 
2 the person may petition the court in which the charges are 
3 pending for an order to summarily dismiss those charges 
4 against him or her, and expunge all official records of 
5 his or her arrest, plea, trial, conviction, incarceration, 
6 supervision, or expungement. If the court determines, upon 
7 review, that: (A) the person was arrested before June 25, 
8 2019 (the effective date of Public Act 101-27) for an 
9 offense that has been made eligible for expungement; (B) 
10 the case is pending at the time; and (C) the person has not 
11 been sentenced of the minor cannabis violation eligible 
12 for expungement under this subsection, the court shall 
13 consider the following: the reasons to retain the records 
14 provided by law enforcement, the petitioner's age, the 
15 petitioner's age at the time of offense, the time since 
16 the conviction, and the specific adverse consequences if 
17 denied. If a motion to dismiss and expunge is granted, the 
18 records shall be expunged in accordance with subparagraph 
19 (d)(9)(A) of this Section.
20  (7) A person imprisoned solely as a result of one or 
21 more convictions for Minor Cannabis Offenses under this 
22 subsection (i) shall be released from incarceration upon 
23 the issuance of an order under this subsection.
24  (8) The Illinois State Police shall allow a person to 
25 use the access and review process, established in the 
26 Illinois State Police, for verifying that his or her 
 
 
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1 records relating to Minor Cannabis Offenses of the 
2 Cannabis Control Act eligible under this Section have been 
3 expunged.
4  (9) No conviction vacated pursuant to this Section 
5 shall serve as the basis for damages for time unjustly 
6 served as provided in the Court of Claims Act. 
7  (10) Effect of Expungement. A person's right to 
8 expunge an expungeable offense shall not be limited under 
9 this Section. The effect of an order of expungement shall 
10 be to restore the person to the status he or she occupied 
11 before the arrest, charge, or conviction.
12  (11) Information. The Illinois State Police shall post 
13 general information on its website about the expungement 
14 process described in this subsection (i). 
15 (j) Felony Prostitution Convictions.
16  (1) Any individual may file a motion to vacate and 
17 expunge a conviction for a prior Class 4 felony violation 
18 of prostitution. Motions to vacate and expunge under this 
19 subsection (j) may be filed with the circuit court, Chief 
20 Judge of a judicial circuit, or any judge of the circuit 
21 designated by the Chief Judge. When considering the motion 
22 to vacate and expunge, a court shall consider the 
23 following:
24   (A) the reasons to retain the records provided by 
25 law enforcement;
26   (B) the petitioner's age;
 
 
SB3955- 73 -LRB103 40770 AWJ 73604 b


1   (C) the petitioner's age at the time of offense; 
2 and
3   (D) the time since the conviction, and the 
4 specific adverse consequences if denied. An individual 
5 may file the petition after the completion of any 
6 sentence or condition imposed by the conviction. 
7 Within 60 days of the filing of the motion, a State's 
8 Attorney may file an objection to the petition along 
9 with supporting evidence. If a motion to vacate and 
10 expunge is granted, the records shall be expunged in 
11 accordance with subparagraph (d)(9)(A) of this 
12 Section. An agency providing civil legal aid, as 
13 defined in Section 15 of the Public Interest Attorney 
14 Assistance Act, assisting individuals seeking to file 
15 a motion to vacate and expunge under this subsection 
16 may file motions to vacate and expunge with the Chief 
17 Judge of a judicial circuit or any judge of the circuit 
18 designated by the Chief Judge, and the motion may 
19 include more than one individual.
20  (2) Any State's Attorney may file a motion to vacate 
21 and expunge a conviction for a Class 4 felony violation of 
22 prostitution. Motions to vacate and expunge under this 
23 subsection (j) may be filed with the circuit court, Chief 
24 Judge of a judicial circuit, or any judge of the circuit 
25 court designated by the Chief Judge, and may include more 
26 than one individual. When considering the motion to vacate 
 
 
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1 and expunge, a court shall consider the following reasons:
2   (A) the reasons to retain the records provided by 
3 law enforcement;
4   (B) the petitioner's age;
5   (C) the petitioner's age at the time of offense;
6   (D) the time since the conviction; and
7   (E) the specific adverse consequences if denied.
8  If the State's Attorney files a motion to vacate and 
9 expunge records for felony prostitution convictions 
10 pursuant to this Section, the State's Attorney shall 
11 notify the Prisoner Review Board within 30 days of the 
12 filing. If a motion to vacate and expunge is granted, the 
13 records shall be expunged in accordance with subparagraph 
14 (d)(9)(A) of this Section.
15  (3) In the public interest, the State's Attorney of a 
16 county has standing to file motions to vacate and expunge 
17 pursuant to this Section in the circuit court with 
18 jurisdiction over the underlying conviction.
19  (4) The Illinois State Police shall allow a person to 
20 a use the access and review process, established in the 
21 Illinois State Police, for verifying that his or her 
22 records relating to felony prostitution eligible under 
23 this Section have been expunged.
24  (5) No conviction vacated pursuant to this Section 
25 shall serve as the basis for damages for time unjustly 
26 served as provided in the Court of Claims Act.
 
 
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1  (6) Effect of Expungement. A person's right to expunge 
2 an expungeable offense shall not be limited under this 
3 Section. The effect of an order of expungement shall be to 
4 restore the person to the status he or she occupied before 
5 the arrest, charge, or conviction.
6  (7) Information. The Illinois State Police shall post 
7 general information on its website about the expungement 
8 process described in this subsection (j).
9(Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21; 
10102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff. 
111-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)

12 Section 20. The Illinois Police Training Act is amended by 
13adding Section 10.25 as follows:

14 (50 ILCS 705/10.25 new)
15 Sec. 10.25. Confidentiality of information relating to 
16reproductive health care and gender-affirming care.
17 (a) As used in this Section, "gender-affirming care" and 
18"reproductive health care" have the meanings given to those 
19terms in Section 8-802.4 of the Code of Civil Procedure.
20 (b) Notwithstanding any other provision of law, records 
21maintained by a law enforcement agency that contain any 
22reference to reproductive health care or gender-affirming care 
23shall be redacted to exclude the references to reproductive 
24health care and gender-affirming care upon inspection and 
 
 
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1copying when inspection and copying is otherwise allowed by 
2law. 

3 Section 25. The Code of Criminal Procedure of 1963 is 
4amended by adding Sections 107-17 as follows:

5 (725 ILCS 5/107-17 new)
6 Sec. 107-17. Confidentiality of information relating to 
7reproductive health care and gender-affirming care.
8 (a) As used in this Section, "gender-affirming care" and 
9"reproductive health care" have the meanings given to those 
10terms in Section 8-802.4 of the Code of Civil Procedure.
11 (b) If a document filed during a criminal proceeding that 
12contains any reference to reproductive health care or 
13gender-affirming care, the document, including court records, 
14shall be filed under seal and remain under seal unless the 
15court orders otherwise, or, if not filed under seal, a 
16document that references reproductive health care or 
17gender-affirming care must be redacted before being filed. 
18Upon final disposition of a case involving document described 
19under this subsection, the entire court file shall be 
20immediately sealed under subparagraph (B) of paragraph (2) of 
21subsection (g) of Section 5.2 of the Criminal Identification 
22Act, and, after immediate sealing, the case file only may be 
23made available to the public by court order unsealing the 
24records as otherwise provided by law and only with any 
 
 
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1reference to reproductive health care or gender-affirming care 
2redacted.
3 (c) If, in any judicial proceeding, a party alleges that 
4items sealed or redacted under subsection (b) are necessary to 
5the determination of any issue before the court and written 
6consent to disclosure has not been given, the party may ask the 
7court to consider the relevance and admissibility of the 
8statements. In such a case, the court shall hold a hearing in 
9camera on the relevance of the statements. A transcript of the 
10in camera proceeding shall be made and sealed. If the court 
11finds the records sealed or redacted relevant and admissible 
12to the issue, the court order the statements to be disclosed 
13under a protective order in which the parties are prohibited 
14from furnishing to anyone the materials identified in the 
15order. 

16 Section 30. The Code of Civil Procedure is amended by 
17adding Section 8-802.4 as follows:

18 (735 ILCS 5/8-802.4 new)
19 Sec. 8-802.4. Confidentiality of information relating to 
20reproductive health care and gender-affirming care.
21 (a) As used in this Section:
22 "Gender-affirming care" means medically necessary health 
23care that respects the gender identity of the patient, as 
24experienced and defined by the patient, including, but not 
 
 
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1limited to:
2  (1) interventions to suppress the development of 
3 endogenous secondary sex characteristics;
4  (2) interventions to align the patient's appearance or 
5 physical body with the patient's gender identity;
6  (3) interventions to alleviate symptoms of clinically 
7 significant distress resulting from gender dysphoria, as 
8 defined in the Diagnostic and Statistical Manual of Mental 
9 Disorders, 5th Edition; or
10  (4) mental health care or behavioral health care that 
11 respects the gender identity of the patient, as 
12 experienced and defined by the patient, including, but not 
13 limited to, developmentally appropriate exploration and 
14 integration of identity, reduction of distress, adaptive 
15 coping, and strategies to increase family acceptance.
16 "Reproductive health care" has the meaning given to that 
17term in Section 1-10 of the Reproductive Health Act.
18 (b) If a document filed during a civil proceeding that 
19contains any reference to reproductive health care or 
20gender-affirming care, the document, including court records, 
21shall be filed under seal and remain under seal unless the 
22court orders otherwise, or, if not filed under seal, a 
23document that references reproductive health care or 
24gender-affirming care must be redacted before being filed. 
25Upon final disposition of a case involving document described 
26under this subsection, the entire court file shall be 
 
 
SB3955- 79 -LRB103 40770 AWJ 73604 b


1immediately sealed under subsection (d), and, after immediate 
2sealing, the case file only may be made available to the public 
3by court order unsealing the records as otherwise provided by 
4law and only with any reference to reproductive health care or 
5gender-affirming care redacted.
6 (c) If, in any judicial proceeding, a party alleges that 
7items sealed or redacted under subsection (b) are necessary to 
8the determination of any issue before the court and written 
9consent to disclosure has not been given, the party may ask the 
10court to consider the relevance and admissibility of the 
11statements. In such a case, the court shall hold a hearing in 
12camera on the relevance of the statements. A transcript of the 
13in camera proceeding shall be made and sealed. If the court 
14finds the records sealed or redacted relevant and admissible 
15to the issue, the court order the statements to be disclosed 
16under a protective order in which the parties are prohibited 
17from furnishing to anyone the materials identified in the 
18order.
19 (d) Records that contain redacted reproductive health care 
20or gender-affirming care health information shall be sealed 
21immediately after entry of the final disposition of a case as 
22follows:
23  (1) Upon entry of the final disposition of the case, 
24 the presiding trial judge shall enter an order for 
25 immediate sealing of the case file.
26  (2) An order to immediately seal eligible records 
 
 
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1 shall be served in on all parties to the case.
2  (3) An order to immediately seal records shall be 
3 implemented in conformance with subsections (d)(9)(C) and 
4 (d)(9)(D) of Section 5.2 of the Criminal Identification 
5 Act.
6  (4) No court order issued under this subsection shall 
7 become final for purposes of appeal until 30 days after 
8 service of the order on the petitioner and all parties 
9 entitled to service of the order in conformance with 
10 subsection (d)(8) of Section 5.2 of the Criminal 
11 Identification Act.
12  (5) Under Section 2-1203 of the Code of Civil 
13 Procedure, a party may file a motion to vacate, modify, or 
14 reconsider the order denying the petition to immediately 
15 seal within 60 days of service of the order. If filed more 
16 than 60 days after service of the order, a petition to 
17 vacate, modify, or reconsider shall comply with subsection 
18 (c) of Section 2-1401 of the Code of Civil Procedure.
19  (6) An order granting an immediate sealing petition 
20 shall not be considered void because it fails to comply 
21 with the provisions of this subsection or because of an 
22 error asserted in a motion to vacate, modify, or 
23 reconsider. The circuit court retains jurisdiction to 
24 determine whether the order is voidable, and to vacate, 
25 modify, or reconsider its terms based on a motion filed 
26 under paragraph (5).
 
 
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1  (7) Unless a court has entered a stay of an order 
2 granting a petition to immediately seal, all parties 
3 entitled to service of the order must fully comply with 
4 the terms of the order within 60 days of service of the 
5 order. 

6 Section 95. No acceleration or delay. Where this Act makes 
7changes in a statute that is represented in this Act by text 
8that is not yet or no longer in effect (for example, a Section 
9represented by multiple versions), the use of that text does 
10not accelerate or delay the taking effect of (i) the changes 
11made by this Act or (ii) provisions derived from any other 
12Public Act.