HB 1090 Illinois House · 103rd Regular Session

CANNABIS-POSSESS NOT CRIMINAL

Summary
Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probation for any person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that the clerk of the circuit court shall, on the effective date of the amendatory Act, automatically expunge the court records of a person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that a person imprisoned solely as a result of one or more convictions for possession or delivery, but not manufacture or production, of cannabis shall be released from incarceration on the effective date of the amendatory Act. Provides that, notwithstanding these provisions, no person shall be eligible for expungement if the violation occurred during the commission by the person of first degree murder, kidnapping, aggravated kidnaping, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse. Amends the Cannabis Control Act. Repeals the provision prohibiting the possession of cannabis. Modifies the provision prohibiting the delivery or manufacture of cannabis so it applies only to manufacture or production of cannabis. Amends the Cannabis Regulation and Tax Act to make conforming changes.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2023
Committee Review
Floor Vote
Governor
Introduced Jan 4, 2023 Last action Mar 10, 2023
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Full legislative history

Actions timeline

Total actions
5
Key actions
0
Committee
3
Mar 10, 2023
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Feb 21, 2023
Committee
Assigned to Executive Committee
lower
Jan 12, 2023
Committee
Referred to Rules Committee
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Mary Flowers
Mary Flowers
DDemocratic
IL
31