CRIM ID-IMMEDIATE EXPUNGE
Summary
Amends the Criminal Identification Act. Provides that records of charges that result in an acquittal or dismissal with prejudice, except for minor traffic offenses, may be immediately expunged after the final disposition of the case. Provides that upon entry of judgment, the defendant shall be informed of this right and the proper procedures to follow to have records that are eligible be immediately expunged. Provides that the petition may be filed on behalf of the defendant by his or her attorney at the final disposition hearing, or by the defendant at any time. Provides that the State's Attorney may not object to an immediate expungement petition and the presiding trial judge shall enter an order granting or denying the petition during the hearing in which the petition is filed. Makes other changes. House Floor Amendment No. 3 Provides that records concerning the offenses of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, domestic battery, aggravated domestic battery, a violation of an order of protection, a violation of a civil no contact order, or a violation of a stalking no contact order are not subject to the immediate expungement provisions. Provides that arrests or charges that result in acquittals shall not be used as the basis for penalty enhancements in subsequent criminal prosecutions.
Bill status
failed
3 of 5 stages cleared
Introduction
Apr 2021
Committee Review
Apr 2022
House Passage
Apr 2021
Senate Passage
Governor
Introduced Apr 20, 2021
Last action Jan 10, 2023
Floor votes · House Apr 20, 2021
How they voted
53–42
Passed · 10 other
Total votes 105
Apr 20, 2021
D
Democratic63
84% Yea
R
Republican42
97% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
42
Key actions
7
Committee
11
Amendments
6
Apr 1, 2022
Committee
Referred to Assignments
upper
Apr 1, 2022
Introduced
Arrive in Senate
upper
Apr 20, 2021
Introduced
Motion Filed to Reconsider Vote Rep. Thomas Morrison
lower
Apr 20, 2021
Amended
House Floor Amendment No. 2 Tabled Pursuant to Rule 40
lower
Apr 20, 2021
Amended
House Floor Amendment No. 1 Tabled Pursuant to Rule 40
lower
Apr 20, 2021
Lower · Passed
Third Reading - Standard Debate - Passed 062-044-000
lower
Apr 20, 2021
Lower · Passed
House Floor Amendment No. 3 Adopted
lower
Apr 16, 2021
Lower · Passed
House Floor Amendment No. 3 Recommends Be Adopted Judiciary - Criminal Committee; 012-007-000
lower
Apr 14, 2021
Lower · Passed
House Floor Amendment No. 3 Rules Refers to Judiciary - Criminal Committee
lower
Apr 13, 2021
Committee
House Floor Amendment No. 3 Referred to Rules Committee
lower
Apr 13, 2021
Introduced
House Floor Amendment No. 3 Filed with Clerk by Rep. La Shawn K. Ford
lower
Apr 6, 2021
Lower · Passed
House Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
lower
Apr 6, 2021
Lower · Passed
House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
lower
Apr 1, 2021
Committee
House Floor Amendment No. 2 Referred to Rules Committee
lower
Apr 1, 2021
Introduced
House Floor Amendment No. 2 Filed with Clerk by Rep. La Shawn K. Ford
lower
Mar 30, 2021
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
Mar 30, 2021
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. La Shawn K. Ford
lower
Mar 9, 2021
Lower · Passed
Do Pass / Short Debate Judiciary - Criminal Committee; 012-007-000
lower
Mar 2, 2021
Committee
Assigned to Judiciary - Criminal Committee
lower
Feb 8, 2021
Committee
Referred to Rules Committee
lower
2 primary · 5 co-sponsors
Sponsors
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