Cannabis expungement bills move through Illinois House
Four Illinois House bills that would expunge all criminal history records of an arrest for a cannabis conviction were “Re-referred to Rules Committee” March 10. The first two House bills (HB1090 and HB1101) automatically expunge all criminal history records for adults, while the other two (HB2632 and HB3846) expunge juvenile records and college students’ cannabis convictions, respectively.
HB1090, sponsored by Rep. Mary E. Flowers, amends the Criminal Identification Act, Amends the Cannabis Control Act, and Cannabis Regulation and Tax Act. HB1090 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.
- 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.
- 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.
- 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 kidnapping, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse.
- The provision prohibiting the possession of cannabis is repealed. 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.
HB1101, also sponsored by Flowers, amends the Criminal Identification Act and Amends the Cannabis Control Act and 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 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.
- 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 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.
- A person imprisoned solely as a result of one or more convictions for possession of cannabis shall be released from incarceration on the effective date of the amendatory Act.
- The provision prohibiting the possession of cannabis is repealed. Amends various Acts to make conforming changes.
HB2632, sponsored by Rep. Curtis J. Tarver, II, amends the Juvenile Court Act of 1987 and the Drug Paraphernalia Control Act. HB2632 provides that:
- The juvenile law enforcement records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement.
- The law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision.
- The law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency.
- The clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk’s possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision.
HB3846, sponsored by Rep. Cyril Nichols, amends the Criminal Identification Act. HB3846 provides “for expungement of minor cannabis offenses (as that term is defined in the Act) after receipt of a certified copy of a diploma issued by an Illinois community college by a law enforcement agency that issued a citation relating to a minor cannabis offense from a person who was convicted of the minor cannabis offense.” For more Illinois cannabis industry news, visit here.
To learn about cannabis-friendly events in Illinois, visit here.
For Illinois News Joint reviews, visit here.
To qualify and receive a medical patient card at a discounted rate, visit here.