SB 2136

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 a conviction for felony prostitution committed prior to the effective date of the amendatory Act. Establishes timelines for the automatic expungement of the records based on the date of the creation of the records. Amends the Code of Criminal Procedure of 1963. Provides that a petition for post-conviction relief may be filed by a person confined, or subject to being confined by the State, local, or federal government as a result of a State criminal conviction (rather than only by persons imprisoned in the penitentiary). Strikes a provision concerning expungement procedures for drug tests. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 725 ILCS 5/122-9 new Deletes a provision providing for the automatic expungement of felony prostitution convictions within a certain time frame. Provides that any individual may at any time institute proceedings under the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, notwithstanding that he or she is no longer imprisoned and notwithstanding that his or her liberties are not being currently curtailed by action of the State, if his or her conviction has potential consequences under federal immigration law. Defines "conviction". House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/122-9 new Adds reference to: 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 Deletes a new provision added to the Code of Criminal Procedure of 1963 concerning the institution of specified proceedings. Amends the Code of Civil Procedure. In a provision concerning relief from judgments, provides that any individual may at any time file a petition and institute proceedings, if his or her final order or judgment, which was entered based on a plea of guilty or nolo contendere, has potential consequences under federal immigration law. House Floor Amendment No. 2 Reinserts a stricken provision relating to the petitioner passing a drug test.