HB 3085

Abstract

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. 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. Fiscal Note (Admin Office of the Illinois Courts) HB3085 amends the Criminal Identification Act, requiring automatic expungement of law enforcement and court records related to cannabis convictions on the effective date of the bill. Based on a review of the bill, it is not possible to determine what fiscal impact, if any, the bill would have on state appropriations to the judicial branch or what fiscal impact, if any, the bill would have on local judicial budgets. Fiscal Note (Illinois State Police) House Bill 3085 provides the Illinois State Police shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probatfon for any person who, onor 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. Automatic expungement outside the judicial process will not allow for the collection of statutory fees, which cover administrative costs. While existing personnel may be used to develop and implement computer programming to carry out the automatic expungement of electronic records, our records unit who-handles physical records would need additional staff. The cost of one office specialist in our records unit is $113,583, which includes personal services and fringe benefits (retirement, social security and insurance). If House Bill 3085 were to become law, we would hire three additional records specialists at a cost of approximately $340,749.